,,ii ,calendar ,no4 #beb #aadth         
,,congress  #ast ,session  ,s4 #badf    
,,in ,,the ,,senate ,,of ,,the ,,united 
,,states  ,october #f1 #bjae,mr4 ,vitter
 7for himself1 ,mr4 ,toomey1 ,mr4       
,grassley1 ,mr4 ,cruz1 ,mr4 ,johnson1   
,mr4 ,cornyn1 ,mr4 ,perdue1 ,mr4        
,isakson1 ,mr4 ,rubio1 ,mr4 ,barrasso1  
,mr4 ,sullivan1 and ,mr4 ,inhofe7       
introduced the following bill2 which was
 read the first time  ,october #g1      
#bjae,read the second time and placed on
 the calendar  ,a ,,bill  ,to hold      
sanctuary jurisdictions accountable for 
defying ,federal law1 to increase       
penalties for individuals who illegally 
reenter the ,united ,states after being 
removed1 and to provide liability       
protection for ,state and local law     
enforcement who cooperate with ,federal 
law enforcement and for other purposes4 
#a4 ,short title ,this ,act may be cited
 as the ,stop ,sanctuary ,policies and  
,protect ,americans ,act4  #b4          
,sanctuary jurisdiction defined ,in this

 ,act1 the term sanctuary jurisdiction  
means any ,state or political           
subdivision of a ,state1 including any  
law enforcement entity of a ,state or of
 a political subdivision of a ,state1   
that--  7#a7 has in effect a statute1   
ordinance1 policy1 or practice that is  
in violation of subsection 7a7 or 7b7 of
 section #fdb of the ,illegal           
,immigration ,reform and ,immigrant     
,responsibility ,act of #aiif 7#h       
,u4,s4,c4 #acgc72 or  7#b7 has in effect
 a statute1 ordinance1 policy1 or       
practice that prohibits any government  
entity or official from complying with a
 detainer that has been lawfully issued 
or a request to notify about the release
 of an alien that has been made by the  
,department of ,homeland ,security in   
accordance with section #bcf and #bhg of
 the ,immigration and ,nationality ,act 
7#h ,u4,s4,c4 #abbf and #aceg7 and      
section #bhg4g of title #h1 ,code of    
,federal ,regulations4  #c4 ,limitation 
on grants to sanctuary jurisdictions    

7a7 ,ineligibility for grants  7#a7 ,law
 enforcement grants  7,a7 ,,scaap grants
 ,a sanctuary jurisdiction shall not be 
eligible to receive funds pursuant to   
the ,state ,criminal ,alien ,assistance 
,program under section #bda7;i7 of the  
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #abca7;i774  7,b7 ,cops grants
 ,no law enforcement entity of a ,state 
or of a political subdivision of a      
,state that has a departmental policy or
 practice that renders it a sanctuary   
jurisdiction1 and such a policy or      
practice is not required by statute1    
ordinance1 or other codified law1 or by 
order of a chief executive officer of   
the jurisdiction1 or the executive or   
legislative board of the jurisdiction1  
shall be eligible to receive funds      
directly or indirectly under the #8,cops
 on the ,beat' program under part ,q of 
title ,i of the ,omnibus ,crime ,control
 and ,safe ,streets ,act of #aifh 7#db  
,u4,s4,c4 #cgif;dd et seq474  7,c7      
,enforcement ,the ,attorney ,general1 in

 consultation with the ,secretary of    
,homeland ,security1 shall terminate the
 funding described in subparagraphs 7,a7
 and 7,b7 to a ,state or political      
subdivision of a ,state on the date that
 is #cj days after the date on which a  
notification described in subsection    
7d77#b7 is made to the ,state or        
subdivision1 unless the ,secretary of   
,homeland ,security1 in consultation    
with the ,attorney ,general1 determines 
the ,state or subdivision is no longer a
 sanctuary jurisdiction4  7#b7          
,community development block grants     
7,a7 ,in general ,title ,i of the       
,housing and ,community ,development    
,act of #aigd 7#db ,u4,s4,c4 #ecja et   
seq47 is amended-- 7i7 in section #ajb  
7#db ,u4,s4,c4 #ecjb71 by adding at the 
end the following3  7#be7 ,the term     
sanctuary jurisdiction means any ,state 
or unit of general local government     
that-- 7,a7 has in effect a statute1    
ordinance1 policy1 or practice that is  
in violation of subsection 7a7 or 7b7 of

 section #fdb of the ,illegal           
,immigration ,reform and ,immigrant     
,responsibility ,act of #aiif 7#h       
,u4,s4,c4 #acgc72 or  7,b7 has in effect
 a statute1 ordinance1 policy1 or       
practice that prohibits any government  
entity or official from complying with a
 detainer that has been lawfully issued 
or a request to notify about the release
 of an alien that has been made by the  
,department of ,homeland ,security in   
accordance with section #bcf and #bhg of
 the ,immigration and ,nationality ,act 
7#h ,u4,s4,c4 #abbf and #aceg7 and      
section #bhg4g of title #h1 ,code of    
,federal ,regulations4  2 and  7ii7 in  
section #ajd 7#db ,u4,s4,c4 #ecjd7--    
7,i7 in subsection 7b7--  7aa7 in       
paragraph 7#e71 by striking and at the  
end2  7bb7 by redesignating paragraph   
7#f7 as paragraph 7#g72 and  7cc7 by    
inserting after paragraph 7#e7 the      
following3  7#f7 the grantee is not a   
sanctuary jurisdiction and will not     
become a sanctuary jurisdiction during  

the period for which the grantee        
receives a grant under this title2 and  
2 and  7,,ii7 by adding at the end the  
following3  7n7 ,protection of          
individuals against criminal aliens     
7#a7 ,in general ,no funds authorized to
 be appropriated to carry out this title
 may be obligated or expended to any    
,state or unit of general local         
government that is a sanctuary          
jurisdiction4  7#b7 ,returned amounts   
7,a7 ,state ,if a ,state is a sanctuary 
jurisdiction during the period for which
 the ,state receives amounts under this 
title1 the ,secretary--  7i7 shall      
direct the ,state to immediately return 
to the ,secretary any such amounts that 
have not been obligated by the ,state as
 of the date on which the ,state became 
a sanctuary jurisdiction2 and  7ii7 may 
use any returned amounts under clause   
7i7 to make grants to other ,states that
 are not sanctuary jurisdictions in     
accordance with this title4  7,b7 ,unit 
of general local government ,if a unit  

of general local government is a        
sanctuary jurisdiction during the period
 for which the unit of general local    
government receives amounts under this  
title1 any such amounts that have not   
been obligated by the unit of general   
local government as of the date on which
 the unit of general local government   
became a sanctuary jurisdiction--  7i7  
in the case of a unit of general local  
government that is not in a             
nonentitlement area1 shall be returned  
to the ,secretary to make grants to     
,states and other units of general local
 government that are not sanctuary      
jurisdictions in accordance with this   
title2 and  7ii7 in the case of a unit  
of general local government that is in a
 nonentitlement area1 shall be returned 
to the ,governor of the ,state to make  
grants to other units of general local  
government that are not sanctuary       
jurisdictions in accordance with this   
title4  7o7 ,enforcement against funding
 for sanctuary jurisdictions  7#a7 ,in  

general ,the ,secretary shall verify1 on
 a quarterly basis1 the determination of
 the ,secretary of ,homeland ,security  
and the ,attorney ,general as to whether
 a ,state or unit of general local      
government is a sanctuary jurisdiction  
and therefore ineligible to receive a   
grant under this title for purposes of  
subsections 7b77#f7 and 7n74  7#b7      
,notification ,if the ,secretary        
verifies that a ,state or unit of       
general local government is determined  
to be a sanctuary jurisdiction under    
paragraph 7#a71 the ,secretary shall    
notify the ,state or unit of general    
local government that it is ineligible  
to receive a grant under this title4  4 
7,b7 ,effective date ,the amendments    
made by subparagraph 7,a7 shall only    
apply with respect to community         
development block grants made under     
title ,i of the ,housing and ,community 
,development ,act 7#db ,u4,s4,c4 #ecja  
et seq47 after the date of the enactment
 of this ,act4  7b7 ,allocation ,any    

funds that are not allocated to a ,state
 or political subdivision of a ,state   
pursuant to subsection 7a7 and the      
amendments made by subsection 7a7 shall 
be allocated to ,states and political   
subdivisions of ,states that are not    
sanctuary jurisdictions4  7c7           
,notification of ,congress ,not later   
than #e days after a determination is   
made pursuant to subsection 7a7 to      
terminate a grant or to refuse to award 
a grant1 the ,secretary of ,homeland    
,security shall submit to the ,committee
 on ,appropriations and the ,committee  
on the ,judiciary of the ,senate and the
 ,committee on ,appropriations and the  
,committee on the ,judiciary of the     
,house of ,representatives a report that
 fully describes the circumstances and  
basis for the termination or refusal4   
7d7 ,transparency and accountability    
,not later than #fj days after the date 
of the enactment of this ,act1 and      
quarterly thereafter1 the ,secretary of 
,homeland ,security and the ,attorney   

,general shall--  7#a7 determine the    
,states and political subdivisions of   
,states that are sanctuary              
jurisdictions2  7#b7 notify each such   
,state or subdivision that it is        
determined to be a sanctuary            
jurisdiction2 and  7#c7 publish on the  
website of the ,department of ,homeland 
,security and of the ,department of     
,justice--  7,a7 a list of each         
sanctuary jurisdiction2  7,b7 the total 
number of detainers and requests for    
notification of the release of any alien
 that has been issued or made to each   
,state or political subdivision of a    
,state2 and  7,c7 the number of such    
detainers and requests for notification 
that have been ignored or otherwise not 
honored1 including the name of the      
jurisdiction in which each such detainer
 or request for notification was issued 
or made4  7e7 ,construction ,nothing in 
this section may be construed to require
 law enforcement officials of a ,state  
or a political subdivision of a ,state  

to provide the ,secretary of ,homeland  
,security with information related to a 
victim or a witness to a criminal       
offense4  #d4 ,state and local          
government and individual compliance    
with detainers  7a7 ,authority to carry 
out detainers ,a ,state1 a political    
subdivision of a ,state1 or an officer1 
employee1 or agent of such ,state or    
political subdivision that complies with
 a detainer issued by the ,department of
 ,homeland ,security under section #bcf 
or #bhg of the ,immigration and         
,nationality ,act 7#h ,u4,s4,c4 #abbf   
and #aceg7--  7#a7 shall be deemed to be
 acting as an agent of the ,department  
of ,homeland ,security2 and  7#b7 shall 
have the authority available to         
employees of the ,department of         
,homeland ,security with regard to      
actions taken to comply with the        
detainer4  7b7 ,liability ,in any legal 
proceeding brought against a ,state1 a  
political subdivision of ,state1 or an  
officer1 employee1 or agent of such     

,state or political subdivision1 which  
challenges the legality of the seizure  
or detention of an individual pursuant  
to a detainer issued by the ,department 
of ,homeland ,security under section    
#bcf or #bhg of the ,immigration and    
,nationality ,act 7#h ,u4,s4,c4 #abbf   
and #aceg7--  7#a7 no liability shall   
lie against the ,state or political     
subdivision for actions taken in        
compliance with the detainer2  7#b7 if  
the actions of the officer1 employee1 or
 agent of the ,state or political       
subdivision were taken in compliance    
with the detainer--  7,a7 the officer1  
employee1 or agent shall be deemed to be
 an employee of the ,federal ,government
 and an investigative or law enforcement
 officer and to have been acting within 
the scope of his or her employment under
 section #acdf7;b7 and chapter #aga of  
title #bh1 ,united ,states ,code2  7,b7 
section #acdf7;b7 of title #bh1 ,united 
,states ,code1 shall provide the        
exclusive remedy for the plaintiff2 and 

7,c7 the ,united ,states shall be       
substituted as defendant in the         
proceeding4  7c7 ,construction ,nothing 
in this ,act may be construed--  7#a7 to
 provide immunity to any person who     
knowingly violates the civil or         
constitutional rights of an individual2 
or  7#b7 to limit the application of the
 doctrine of official immunity or of    
qualified immunity in a civil action    
brought against a law enforcement       
officer acting pursuant to a detainer   
issued by the ,department of ,homeland  
,security under section #bcf or #bhg of 
the ,immigration and ,nationality ,act  
7#h ,u4,s4,c4 #abbf and #aceg74  #e4    
,increased penalties for reentry of     
removed alien ,section #bgf of the      
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #acbf7 is amended-- 7#a7 by   
redesignating subsections 7c7 and 7d7 as
 subsections 7d7 and 7e71 respectively2 
7#b7 by striking subsections 7a7 and 7b7
 and inserting the following3  7a7 ,in  
general ,subject to subsections 7b7 and 

7c71 any alien who--  7#a7 has been     
denied admission1 excluded1 deported1 or
 removed or has departed the ,united    
,states while an order of exclusion1    
deportation1 or removal is outstanding2 
and  7#b7 thereafter enters1 attempts to
 enter1 or is at any time found in1 the 
,united ,states1 unless-- 7,a7 prior to 
the alien's reembarkation at a place    
outside the ,united ,states or the      
alien's application for admission from  
foreign contiguous territory1 the       
,secretary of ,homeland ,security has   
expressly consented to such alien's     
reapplying for admission2 or  7,b7 with 
respect to an alien previously denied   
admission and removed1 such alien shall 
establish that the alien was not        
required to obtain such advance consent 
under this ,act or any prior ,act2      
shall be fined under title #ah1 ,united 
,states ,code1 or imprisoned not more   
than five years1 or both4  7b7 ,criminal
 penalties for reentry of certain       
removed aliens  7#a7 ,in general        

,notwithstanding the penalty provided in
 subsection 7a71 and except as provided 
in subsection 7c71 an alien described in
 subsection 7a7--  7,a7 who was         
convicted before such removal or        
departure of three or more misdemeanors 
involving drugs1 crimes against the     
person1 or both1 or a felony 7other than
 an aggravated felony71 shall be fined  
under title #ah1 ,united ,states ,code1 
imprisoned not more than #aj years1 or  
both2  7,b7 who has been excluded from  
the ,united ,states pursuant to section 
#bce7;c7 because the alien was          
excludable under section                
#bab7;a77#c77;,b7 or who has been       
removed from the ,united ,states        
pursuant to the provisions of title ,v1 
and who thereafter1 without the         
permission of the ,secretary of         
,homeland ,security1 enters the ,united 
,states1 or attempts to do so1 shall be 
fined under title #ah1 ,united ,states  
,code1 and imprisoned for a period of   
#aj years1 which sentence shall not run 

concurrently with any other sentence2   
7,c7 who was removed from the ,united   
,states pursuant to section             
#bda7;a77#d77;,b7 who thereafter1       
without the permission of the ,secretary
 of ,homeland ,security1 enters1        
attempts to enter1 or is at any time    
found in1 the ,united ,states 7unless   
the ,secretary of ,homeland ,security   
has expressly consented to such alien's 
reentry7 shall be fined under title #ah1
 ,united ,states ,code1 imprisoned for  
not more than #aj years1 or both2 and   
7,d7 who has been denied admission1     
excluded1 deported1 or removed #c or    
more times and thereafter enters1       
attempts to enter1 crosses the border   
to1 attempts to cross the border to1 or 
is at any time found in the ,united     
,states1 shall be fined under title #ah1
 ,united ,states ,code1 imprisoned not  
more than #aj years1 or both4  7#b7     
,removal defined ,in this subsection and
 subsection 7c71 the term removal       
includes any agreement in which an alien

 stipulates to removal during 7or not   
during7 a criminal trial under either   
,federal or ,state law4  7c7 ,mandatory 
minimum criminal penalty for reentry of 
certain removed aliens ,notwithstanding 
the penalties provided in subsections   
7a7 and 7b71 an alien described in      
subsection 7a7--  7#a7 who was convicted
 before such removal or departure of an 
aggravated felony2 or  7#b7 who was     
convicted at least two times before such
 removal or departure of illegal reentry
 under this section2  shall be          
imprisoned not less than five years and 
not more than #bj years1 and may1 in    
addition1 be fined under title #ah1     
,united ,states ,code4  2 and  7#c7 in  
subsection 7d71 as redesignated by      
paragraph 7#a7-- 7,a7 by striking       
section #bdb7;h77#b7 and inserting      
section #bda7;a77#d72 and  7,b7 by      
striking ,attorney ,general and         
inserting ,secretary of ,homeland       
,security4  #f4 ,severability ,if any   
provision of this ,act or the           

application of such provision to any    
person or circumstance is held invalid  
for any reason1 the remainder of this   
,act1 and the application of such       
provision to other persons not similarly
 situated or to other circumstances1    
shall not be affected by such           
invalidation4  ,october #g1 #bjae,read  
the second time and placed on the       
calendar