,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #aibh  ,,in ,,the ,,house ,,of  
,,representatives  ,march #bg1 #bjai    
,mr4 ,reschenthaler 7for himself1 ,mr4  
,gaetz1 ,mr4 ,steube1 and ,mr4 ,cline7  
introduced the following bill2 which was
 referred to the ,committee on the      
,judiciary  ,a ,,bill  ,to amend the    
,illegal ,immigration ,reform and       
,immigrant ,responsibility ,act of #aiif
 to impose penalties for ,state         
noncompliance with enforcement of       
immigration law1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,no ,sanctuary for         
,criminals ,act of #bjai4  #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#cd       
,u4,s4,c4 #ajcha 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#cd ,u4,s4,c4   
#ajaea et seq472 or  7,b7 any other     
grant administered by the ,department of
 ,justice that is substantially related 
to law enforcement 7including           
enforcement of the immigration laws71   
immigration1 enforcement of the         
immigration laws1 or naturalization or  
administered by the ,department of      
,homeland ,security that is             

substantially related to immigration1   
the enforcement of the immigration laws1
 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 or public       
official acting in an official capacity 
in the appropriate ,federal court if the
 ,state or political subdivision1 except

 as provided in paragraph 7#c7--  7,a7  
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#a772  7,b7 has in effect a   
statute1 policy1 or practice not in     
compliance with section #fdb of the     
,illegal ,immigration ,reform and       
,immigrant ,responsibility ,act of #aiif
 7#h ,u4,s4,c4 #acgc7 as amended1 and as
 a consequence of its statute1 policy1  
or practice1 released the alien from    
custody prior to the commission of such 
crime2 or  7,c7 has in effect a statute1
 policy1 or practice requiring a        
subordinate political subdivision to    
decline to honor any or all detainers   
issued pursuant to section #bhg7;d77#a7 
of the ,immigration and ,nationality    
,act 7#h ,u4,s4,c4 #aceg7;d77#a771 and1 
as a consequence of its statute1 policy 

or practice1 the subordinate political  
subdivision declined to honor a detainer
 issued pursuant to such section1 and as
 a consequence released the alien from  
custody prior to the commission of such 
crime4  7#b7 ,limitations on bringing   
action ,an action may not be brought    
under this subsection 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 ,proper defendant ,if a political  
subdivision of a ,state declines to     
honor a detainer issued pursuant to     
section #bhg7;d77#a7 of the ,immigration
 and ,nationality ,act 7#h ,u4,s4,c4    
#aceg7;d77 as a consequence of the      
,state or another political subdivision 
with jurisdiction over the subdivision  
prohibiting the subdivision through a   
statute or other legal requirement of   
the ,state or other political           
subdivision--  7,a7 from honoring the   
detainer2 or  7,b7 fully complying with 
section #fdb of the ,illegal            

,immigration ,reform and ,immigrant     
,responsibility ,act of #aiif 7#h       
,u4,s4,c4 #acgc71  and1 as a consequence
 of the statute or other legal          
requirement of the ,state or other      
political subdivision1 the subdivision  
released the alien referred to in       
paragraph 7#a7 from custody prior to the
 commission of the crime referred to in 
that paragraph1 the ,state or other     
political subdivision that enacted the  
statute or other legal requirement1     
shall be deemed to be the proper        
defendant in a cause of action under    
this subsection1 and no such cause of   
action may be maintained against the    
political subdivision which declined to 
honor the detainer4  7#d7 ,attorney's   
fee and other costs ,in any action or   
proceeding under this subsection the    
court shall allow a prevailing plaintiff
 a reasonable attorney's fee as part of 
the costs1 and include expert fees as   
part of the attorney's fee4  7d7        
,eligibility for certain grant programs 

7#a7 ,in general ,except as provided in 
paragraph 7#b71 a ,state or political   
subdivision of a ,state that has in     
effect a statute1 policy or practice    
providing that it not comply with any or
 all ,department of ,homeland ,security 
detainers issued pursuant to section    
#bhg7;d77#a7 of the ,immigration and    
,nationality ,act 7#h ,u4,s4,c4         
#aceg7;d77 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#cd ,u4,s4,c4   
#ajcja 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#cd  
,u4,s4,c4 #ajaea et seq472 or  7,b7 any 

other grant administered by the         
,department of ,justice that is         
substantially related to law enforcement
 7including enforcement of the          
immigration laws71 immigration1 or      
naturalization or grant administered by 
the ,department of ,homeland ,security  
that is substantially related to        
immigration1 enforcement of the         
immigration laws1 or naturalization4    
7#b7 ,exception ,a political subdivision
 described in subsection 7c77#c7 that   
declines to honor a detainer issued     
pursuant to section #bhg7;d77#a7 of the 
,immigration and ,nationality ,act 7#h  
,u4,s4,c4 #aceg7;d77#a77 as a           
consequence of being required to comply 
with a statute or other legal           
requirement of a ,state or another      
political subdivision with jurisdiction 
over that political subdivision1 shall  
remain eligible to receive grant funds  
described in paragraph 7#a74 ,in the    
case described in the previous sentence1
 the ,state or political subdivision    

that enacted the statute or other legal 
requirement shall not be eligible to    
receive such funds4