#aaeth ,,congress #ast ,session ,h4 ,r4 #cjjc ,,an ,,act ,to amend the ,immigration and ,nationality ,act to modify provisions relating to assistance by ,states1 and political subdivision of ,states1 in the enforcement of ,federal immigration laws1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,no ,sanctuary for ,criminals ,act4 #b4 ,state noncompliance with enforcement of immigration law 7a7 ,in general ,section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,notwithstanding any other provision of ,federal1 ,state1 or local law1 no ,federal1 ,state1 or local government entity1 and no individual1 may prohibit or in any way restrict1 a ,federal1 ,state1 or local government entity1 official1 or other personnel from complying with the immigration laws 7as defined in section #aja7;a77#ag7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ag7771 or from assisting or cooperating with ,federal law enforcement entities1 officials1 or other personnel regarding the enforcement of these laws4 2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,law enforcement activities ,notwithstanding any other provision of ,federal1 ,state1 or local law1 no ,federal1 ,state1 or local government entity1 and no individual1 may prohibit1 or in any way restrict1 a ,federal1 ,state1 or local government entity1 official1 or other personnel from undertaking any of the following law enforcement activities as they relate to information regarding the citizenship or immigration status1 lawful or unlawful1 the inadmissibility or deportability1 or the custody status1 of any individual3 7#a7 ,making inquiries to any individual in order to obtain such information regarding such individual or any other individuals4 7#b7 ,notifying the ,federal ,government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a ,state or political subdivision of a ,state4 7#c7 ,complying with requests for such information from ,federal law enforcement entities1 officials1 or other personnel4 2 7#c7 in subsection 7c71 by striking ,immigration and ,naturalization ,service and inserting ,department of ,homeland ,security2 and 7#d7 by adding at the end the following3 7d7 ,compliance 7#a7 ,eligibility for certain grant programs ,a ,state1 or a political subdivision of a ,state1 that is found not to be in compliance with subsection 7a7 or 7b7 shall not be eligible to receive-- 7,a7 any of the funds that would otherwise be allocated to the ,state or political subdivision under section #bda7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i771 the ,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 seq471 or the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program under subpart #a of part ,e of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgej et seq472 or 7,b7 any other grant administered by the ,department of ,justice or the ,department of ,homeland ,security that is substantially related to law enforcement1 terrorism1 national security1 immigration1 or naturalization4 7#b7 ,transfer of custody of aliens pending removal proceedings ,the ,secretary1 at the ,secretary's discretion1 may decline to transfer an alien in the custody of the ,department of ,homeland ,security to a ,state or political subdivision of a ,state found not to be in compliance with subsection 7a7 or 7b71 regardless of whether the ,state or political subdivision of the ,state has issued a writ or warrant4 7#c7 ,transfer of custody of certain aliens prohibited ,the ,secretary shall not transfer an alien with a final order of removal pursuant to paragraph 7#a77;,a7 or 7#e7 of section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 to a ,state or a political subdivision of a ,state that is found not to be in compliance with subsection 7a7 or 7b74 7#d7 ,annual determination ,the ,secretary shall determine for each calendar year which ,states or political subdivision of ,states are not in compliance with subsection 7a7 or 7b7 and shall report such determinations to ,congress by ,march #a of each succeeding calendar year4 7#e7 ,reports ,the ,secretary of ,homeland ,security shall issue a report concerning the compliance with subsections 7a7 and 7b7 of any particular ,state or political subdivision of a ,state at the request of the ,house or the ,senate ,judiciary ,committee4 ,any jurisdiction that is found not to be in compliance shall be ineligible to receive ,federal financial assistance as provided in paragraph 7#a7 for a minimum period of #a year1 and shall only become eligible again after the ,secretary of ,homeland ,security certifies that the jurisdiction has come into compliance4 7#f7 ,reallocation ,any funds that are not allocated to a ,state or to a political subdivision of a ,state due to the failure of the ,state or of the political subdivision of the ,state to comply with subsection 7a7 or 7b7 shall be reallocated to ,states or to political subdivisions of ,states that comply with both such subsections4 7e7 ,construction ,nothing in this section shall require law enforcement officials from ,states1 or from political subdivisions of ,states1 to report or arrest victims or witnesses of a criminal offense4 4 7b7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act1 except that subsection 7d7 of section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc71 as added by this section1 shall apply only to prohibited acts committed on or after the date of the enactment of this ,act4 #c4 ,clarifying the authority of ,,ice detainers 7a7 ,in general ,section #bhg7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77 is amended to read as follows3 7d7 ,detainer of inadmissible or deportable aliens 7#a7 ,in general ,in the case of an individual who is arrested by any ,federal1 ,state1 or local law enforcement official or other personnel for the alleged violation of any criminal or motor vehicle law1 the ,secretary may issue a detainer regarding the individual to any ,federal1 ,state1 or local law enforcement entity1 official1 or other personnel if the ,secretary has probable cause to believe that the individual is an inadmissible or deportable alien4 7#b7 ,probable cause ,probable cause is deemed to be established if-- 7,a7 the individual who is the subject of the detainer matches1 pursuant to biometric confirmation or other ,federal database records1 the identity of an alien who the ,secretary has reasonable grounds to believe to be inadmissible or deportable2 7,b7 the individual who is the subject of the detainer is the subject of ongoing removal proceedings1 including matters where a charging document has already been served2 7,c7 the individual who is the subject of the detainer has previously been ordered removed from the ,united ,states and such an order is administratively final2 7,d7 the individual who is the subject of the detainer has made voluntary statements or provided reliable evidence that indicate that they are an inadmissible or deportable alien2 or 7,e7 the ,secretary otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien4 7#c7 ,transfer of custody ,if the ,federal1 ,state1 or local law enforcement entity1 official1 or other personnel to whom a detainer is issued complies with the detainer and detains for purposes of transfer of custody to the ,department of ,homeland ,security the individual who is the subject of the detainer1 the ,department may take custody of the individual within #dh hours 7excluding weekends and holidays71 but in no instance more than #if hours1 following the date that the individual is otherwise to be released from the custody of the relevant ,federal1 ,state1 or local law enforcement entity4 4 7b7 ,immunity 7#a7 ,in general ,a ,state or a political subdivision of a ,state 7and the officials and personnel of the ,state or subdivision acting in their official capacities71 and a nongovernmental entity 7and its personnel7 contracted by the ,state or political subdivision for the purpose of providing detention1 acting in compliance with a ,department of ,homeland ,security detainer issued pursuant to this section who temporarily holds an alien in its custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the ,department of ,homeland ,security1 shall be considered to be acting under color of ,federal authority for purposes of determining their liability and shall be held harmless for their compliance with the detainer in any suit seeking any punitive1 compensatory1 or other monetary damages4 7#b7 ,federal ,government as defendant ,in any civil action arising out of the compliance with a ,department of ,homeland ,security detainer by a ,state or a political subdivision of a ,state 7and the officials and personnel of the ,state or subdivision acting in their official capacities71 or a nongovernmental entity 7and its personnel7 contracted by the ,state or political subdivision for the purpose of providing detention1 the ,united ,states ,government shall be the proper party named as the defendant in the suit in regard to the detention resulting from compliance with the detainer4 7#c7 ,bad faith exception ,paragraphs 7#a7 and 7#b7 shall not apply to any mistreatment of an individual by a ,state or a political subdivision of a ,state 7and the officials and personnel of the ,state or subdivision acting in their official capacities71 or a nongovernmental entity 7and its personnel7 contracted by the ,state or political subdivision for the purpose of providing detention4 7c7 ,private right of action 7#a7 ,cause of action ,any individual1 or a spouse1 parent1 or child of that individual 7if the individual is deceased71 who is the victim of a murder1 rape1 or any felony1 as defined by the ,state1 for which an alien 7as defined in section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c777 has been convicted and sentenced to a term of imprisonment of at least #a year1 may bring an action against a ,state or political subdivision of a ,state in the appropriate ,federal or ,state court if the ,state or political subdivision released the alien from custody prior to the commission of such crime as a consequence of the ,state or political subdivision's declining to honor a detainer issued pursuant to section #bhg7;d77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77#a774 7#b7 ,limitation on bringing action ,an action brought under this subsection may not be brought later than #aj years following the occurrence of the crime1 or death of a person as a result of such crime1 whichever occurs later4 7#c7 ,attorney's fee and other costs ,in any action or proceeding under this subsection the court shall allow a prevailing plaintiff a reasonable attorneys' fee as part of the costs1 and include expert fees as part of the attorneys' fee4 #d4 ,sarah and ,grant's ,law 7a7 ,detention of aliens during removal proceedings 7#a7 ,clerical amendments 7,a7 ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended by striking ,attorney ,general each place it appears 7except in the second place that term appears in section #bcf7;a77 and inserting ,secretary of ,homeland ,security4 7,b7 ,section #bcf7;a7 of such ,act 7#h ,u4,s4,c4 #abbf7;a77 is amended by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general--4 7,c7 ,section #bcf7;e7 of such ,act 7#h ,u4,s4,c4 #abbf7;e77 is amended by striking ,attorney ,general's and inserting ,secretary of ,homeland ,security's4 7#b7 ,length of detention ,section #bcf of such ,act 7#h ,u4,s4,c4 #abbf7 is amended by adding at the end the following3 7f7 ,length of detention 7#a7 ,in general ,notwithstanding any other provision of this section1 an alien may be detained1 and for an alien described in subsection 7c7 shall be detained1 under this section without time limitation1 except as provided in subsection 7h71 during the pendency of removal proceedings4 7#b7 ,construction ,the length of detention under this section shall not affect detention under section #bda4 4 7#c7 ,detention of criminal aliens ,section #bcf7;c77#a7 of such ,act 7#h ,u4,s4,c4 #abbf7;c77#a77 is amended-- 7,a7 in subparagraph 7,c71 by striking or at the end2 7,b7 by inserting after subparagraph 7,d7 the following3 7,e7 is unlawfully present in the ,united ,states and has been convicted for driving while intoxicated 7including a conviction for driving while under the influence or impaired by alcohol or drugs7 without regard to whether the conviction is classified as a misdemeanor or felony under ,state law1 or 7,f7 7i7 7,i7 is inadmissible under section #bab7;a77#f77;i71 7,,ii7 is deportable by reason of a visa revocation under section #bba7;i71 or 7,,iii7 is deportable under section #bcg7;a77#a77;,c77i71 and 7ii7 has been arrested or charged with a particularly serious crime or a crime resulting in the death or serious bodily injury 7as defined in section #acfe7;h77#c7 of title #ah1 ,united ,states ,code7 of another person2 2 and 7,c7 by amending the matter following subparagraph 7,f7 7as added by subparagraph 7,b7 of this paragraph7 to read as follows3 any time after the alien is released1 without regard to whether an alien is released related to any activity1 offense1 or conviction described in this paragraph2 to whether the alien is released on parole1 supervised release1 or probation2 or to whether the alien may be arrested or imprisoned again for the same offense4 ,if the activity described in this paragraph does not result in the alien being taken into custody by any person other than the ,secretary1 then when the alien is brought to the attention of the ,secretary or when the ,secretary determines it is practical to take such alien into custody1 the ,secretary shall take such alien into custody4 4 7#d7 ,administrative review ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf71 as amended by paragraph 7#b71 is further amended by adding at the end the following3 7g7 ,administrative review ,the ,attorney ,general's review of the ,secretary's custody determinations under subsection 7a7 for the following classes of aliens shall be limited to whether the alien may be detained1 released on bond 7of at least #a1ejj with security approved by the ,secretary71 or released with no bond3 7#a7 ,aliens in exclusion proceedings4 7#b7 ,aliens described in section #bab7;a77#c7 or #bcg7;a77#d74 7#c7 ,aliens described in subsection 7c74 7h7 ,release on bond 7#a7 ,in general ,an alien detained under subsection 7a7 may seek release on bond4 ,no bond may be granted except to an alien who establishes by clear and convincing evidence that the alien is not a flight risk or a danger to another person or the community4 7#b7 ,certain aliens ineligible ,no alien detained under subsection 7c7 may seek release on bond4 4 7#e7 ,clerical amendments 7,a7 ,section #bcf7;a77#b77;,b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;a77#b77;,b77 is amended by striking conditional parole and inserting recognizance4 7,b7 ,section #bcf7;b7 of such ,act 7#h ,u4,s4,c4 #abbf7;b77 is amended by striking parole and inserting recognizance4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act and shall apply to any alien in detention under the provisions of section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf71 as so amended1 or otherwise subject to the provisions of such section1 on or after such date4 ,passed the ,house of ,representatives ,june #bi1 #bjag4;,clerk4