,i #aafth ,,congress #b;d ,session ,h4 ,r4 #ijfb ,,in ,,the ,,house ,,of ,,representatives ,december #ca1 #bjbj,mr4 ,king of ,iowa introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,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 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 be compelled to hold the subject more than #if hours1 but may hold the subject up to #cj days1 following4 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 #d4 ,private right of action 7a7 ,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-- 7#a7 if the ,state or political subdivision released the alien from custody prior to the commission of such crime1 and had knowledge that the alien was unlawfully present in the ,united ,states2 or 7#b7 the crime was a consequence of the ,state or political subdivision declining to honor a detainer or warrant issued pursuant to section #bhg7;d77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77#a774 7b7 ,application ,subject to subsection 7c71 subsection 7a7 shall apply without regard to whether the crime was committed before1 on1 or after the date of the enactment of this ,act4 7c7 ,limitation on bringing action 7#a7 ,in general ,an action brought under this section 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#b7 ,exception ,paragraph 7#a7 shall not apply to an action brought under this section based on a crime committed before the date of the enactment of this ,act4 7d7 ,attorney's fees and other costs ,in any action or proceeding under this section 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 #e4 ,mandatory detention of certain aliens charged with a crime resulting in death or serious bodily injury ,section #bcf7;c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraphs 7,a7 and 7,b71 by striking the comma at the end of each subparagraph and inserting a semicolon2 7,b7 in subparagraph 7,c7-- 7i7 by striking sentence and inserting sentenced2 and 7ii7 by striking 1 or and inserting a semicolon2 7,c7 in subparagraph 7,d71 by striking the comma at the end and inserting 2 or2 and 7,d7 by inserting after subparagraph 7,d7 the following3 7,e7 7i7 7,i7 was not inspected and admitted into the ,united ,states2 7,,ii7 held a nonimmigrant visa 7or other documentation authorizing admission into the ,united ,states as a nonimmigrant7 that has been revoked under section #bba7;i72 or 7,,iii7 is described in section #bcg7;a77#a77;,c77i72 and 7ii7 has been charged by a prosecuting authority in the ,united ,states with any crime that resulted in the death or serious bodily injury 7as defined in section #acfe7;h77#c7 of title #ah1 ,united ,states ,code7 of another person1 2 and 7#b7 by adding at the end the following3 7#c7 ,notification requirement ,upon encountering or gaining knowledge of an alien described in paragraph 7#a71 the ,assistant ,secretary of ,homeland ,security for ,immigration and ,customs ,enforcement shall make reasonable efforts-- 7,a7 to obtain information from law enforcement agencies and from other available sources regarding the identity of any victims of the crimes for which such alien was charged or convicted2 and 7,b7 to provide the victim or1 if the victim is deceased1 a parent1 guardian1 spouse1 or closest living relative of such victim1 with information1 on a timely and ongoing basis1 including-- 7i7 the alien's full name1 aliases1 date of birth1 and country of nationality2 7ii7 the alien's immigration status and criminal history2 7iii7 the alien's custody status and any changes related to the alien's custody2 and 7iv7 a description of any efforts by the ,united ,states ,government to remove the alien from the ,united ,states4 4 #f4 ,savings provision ,nothing in this ,act1 or the amendments made by this ,act1 may be construed to limit the rights of crime victims under any other provision of law1 including section #cgga of title #ah1 ,united ,states ,code4