,i #aaith ,,congress #ast ,session ,h4 ,r4 #afhj ,,in ,,the ,,house ,,of ,,representatives ,february #bg1 #bjbe,mr4 ,evans of ,colorado 7for himself1 ,mr4 ,crank1 ,ms4 ,boebert1 and ,mr4 ,hurd of ,colorado7 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 expand the prohibition on ,state noncompliance with enforcement of the immigration laws1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,unhandcuffing ,police to ,locate and ,interdict ,foreign ,transgressors ,act or the ,,uplift ,act4 #b4 ,purpose ,given recent infiltration of ,american communities by transnational criminal organizations such as ,tren de ,aragua1 the ,sinaloa ,cartel1 and ,,ms-#ac and the accompanying rise in crime that continue to impact ,american neighborhoods1 the purposes of this act is to require law enforcement and other public servants in sanctuary jurisdictions to fully cooperate with the ,departments of ,justice and ,homeland ,security to protect ,american citizens and mitigate the flow of opioids1 fentanyl1 and other illicit drugs4 #c4 ,noncompliance with enforcement of immigration law in sanctuary jurisdictions 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 amending subsection 7a7 to read as follows3 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 and policies of the ,united ,states or from assisting or cooperating with ,federal law enforcement entities1 officials1 or other personnel regarding the enforcement of the immigration laws4 2 7#b7 by amending subsection 7b7 to read as follows3 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 with respect 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 individuals reasonably suspected of being involved in a crime4 7#b7 ,notifying the ,federal ,government regarding the presence of individuals reasonably suspected of being involved in a crime 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 7#d7 by adding at the end the following3 7d7 ,government ,involvement in ,immigration ,detention ,not withstanding any other provision of ,federal1 ,state1 or local law1 no ,federal1 ,state1 or local government entity1 and no individual1 may in any way restrict a ,federal1 ,state1 or local government entity1 official1 or other personnel from-- 7#a7 entering into an agreement for the detention of individuals in an immigration detention facility that is owned1 managed1 or operated by a private entity2 7#b7 selling any government-owned property for the purpose of establishing an immigration detention facility that is or will be owned1 managed1 or operated by a private entity2 7#c7 paying any costs related to the sale1 purchase1 construction1 development1 ownership1 management1 or operation of an immigration detention facility that is or will be owned1 managed1 or operated by a private entity2 or 7#d7 receiving any payment related to the detention of individuals in an immigration detention facility that is owned1 managed1 or operated by a private entity4 7e7 ,standing for local jurisdictions ,to seek injunctive relief ,any local government entity alleging a violation of subsection 7a71 7b71 or 7d7 by the ,state in which the entity is located that harms such entity or its residents shall have standing to bring an action against the respective ,state on behalf of such entity or the residents of such entity in an appropriate district court of the ,united ,states to obtain appropriate injunctive relief4 ,the court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable4 ,for purposes of this subsection1 local government entity or its residents shall be considered to have been harmed if the entity or any of its residents experience harm1 including financial harm in excess of #ajj4 7f7 ,compliance 7#a7 ,annual determination ,the ,secretary of ,homeland ,security shall determine1 for each calendar year1 which ,states or local government entities are not in compliance with subsection 7a7 or 7b7 or 7d7 and shall report such determinations to ,congress by ,march #a of each succeeding calendar year4 7#b7 ,reports ,the ,secretary shall issue a report concerning the compliance with subsections 7a7 and 7b7 of any particular ,state or local government entity at the request of the ,committee on the ,judiciary of the ,house of ,representatives or the ,committee on the ,judiciary of the ,senate4 7g7 ,construction ,nothing in this section shall require law enforcement officials from ,states1 or from local government entities1 to report or arrest victims of or witnesses to a criminal offense4 4 #d4 ,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 ,the ,secretary may establish proabable cause 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 probable cause 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 the individual who is the subject of the detainer for purposes of transfer of custody to the ,department of ,homeland ,security1 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 ,immunity2 private right of action ,section #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7 is amended by adding at the end the following3 7i7 ,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 subsection 7d71 that temporarily holds an alien in its custody pursuant to the terms of such 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 the liability1 and immunity from suit1 of the ,state or political subdivision of a ,state in a civil action brought under ,federal or ,state law and shall not be liable 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 described in paragraph 7#a71 the ,united ,states shall be the proper party named as the defendant in the action4 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 7j7 ,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 under ,state or ,federal law1 for which an alien 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 subsection 7d74 7#b7 ,limitation on bringing action ,an action brought under this subsection may not be brought later than #aj years following the date on which the crime was committed1 or the date on which the victim died as a result of such crime1 whichever occurs later4 7#c7 ,attorneys' fee and other costs ,in any action under this subsection the court shall award a prevailing plaintiff a reasonable attorneys' fee as part of the costs1 and include expert fees as part of the attorneys' fee4 4