,,ib ,union ,calendar ,no4 #dfe #aaith ,,congress #b;d ,session ,h4 ,r4 #gfdj ,report ,no4 #aai-eda ,,in ,,the ,,house ,,of ,,representatives ,february #bc1 #bjbf,mr4 ,mc,clintock introduced the following bill2 which was referred to the ,committee on the ,judiciary ,march #ab1 #bjbf;,additional sponsors3 ,mr4 ,cline1 ,mr4 ,nehls1 ,ms4 ,hageman1 ,mr4 ,fry1 and ,mr4 ,tiffany ,march #ab1 #bjbf,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,february #bc1 #bjbf ,a ,,bill ,to amend the ,immigration and ,nationality ,act to improve public safety through the enforcement of ,federal immigration law in the interior of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,shut ,down ,sanctuary ,policies ,act of #bjbf4 #b4 ,state and local cooperation 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 in the header by striking ,communication between government agencies and the ,immigration and ,naturalization ,service and inserting ,state and local government cooperation with immigration enforcement 7and by conforming the item in table of contents accordingly72 7#b7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,the right of any ,federal1 ,state1 or local government entity1 official1 or other personnel to comply with or enforce 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 to assist or cooperate with ,federal law enforcement entities1 ,federal law enforcement officials1 immigration officials1 or other personnel regarding the enforcement of such laws1 shall not be prohibited or in any way restricted4 2 7#c7 by striking subsection 7b7 and inserting the following3 7b7 ,law enforcement activities 7#a7 ,in general ,the right of any ,federal1 ,state1 or local government entity1 official1 or other personnel to undertake law enforcement activities described under paragraph 7#b7 as they relate to information regarding the citizenship or immigration status1 lawful or unlawful1 the inadmissibility or deportability1 or the custody status of any individual 7including any information that could reasonably be used to determine such status1 including personal identifying information7 shall not be prohibited or in any way restricted4 7#b7 ,law enforcement activities described ,the law enforcement activities described in this paragraph are the following3 7,a7 ,making inquiries to any individual to obtain the information described under paragraph 7#a7 regarding such individual or any other individuals4 7,b7 ,maintaining the information described under paragraph 7#a74 7,c7 ,actions taken by a ,state1 or local government entity1 official1 or other personnel to-- 7i7 notify the ,federal ,government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a ,state or local government2 and 7ii7 comply with requests for such information from ,federal law enforcement entities1 officials1 or other personnel4 2 7#d7 in subsection 7c71 by striking ,immigration and ,naturalization ,service and inserting ,department of ,homeland ,security2 and 7#e7 by adding at the end the following3 7d7 ,contrary laws superseded ,the provisions under subsections 7a7 and 7b7 shall supersede any and all ,state and local laws1 ordinances1 regulations1 and policies that directly or indirectly prohibit or restrict1 in whole or in part1 the activities described in such subsections4 7e7 ,removal ,a civil action or criminal prosecution that is commenced in a ,state court and that is against or directed to a ,state or local government entity 7and an official or other personnel of the ,state or local government entity acting in their official capacities7 based on their compliance with subsection 7a7 or 7b7 may be removed by them to the district court of the ,united ,states for the district and division embracing the place wherein it is pending or to the district court of the ,united ,states for the district and division in which the defendant was served with process4 7f7 ,immunity ,a ,state or local government entity 7and an official or other personnel of the ,state or local government entity acting in their official capacities7 acting in compliance with subsection 7a7 or 7b7 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 in any suit seeking any punitive1 compensatory1 or other monetary damages4 7g7 ,federal ,government as defendant ,following removal of any civil action arising out of compliance with subsection 7a7 or 7b7 the ,united ,states ,government shall be substituted as the party defendant in the suit4 7h7 ,mistreatment exception ,subsections 7f7 and 7g7 shall not apply for claims the district court determines arose from any mistreatment of an individual by a ,state or local government entity 7or an official or other personnel of the ,state or local government entity acting in their official capacities7 exercising the rights described under subsection 7a7 or 7b74 7i7 ,federal funding 7#a7 ,eligibility for certain grant programs ,a ,state or local government that is determined1 pursuant to paragraph 7#d71 to restrict the rights described under subsection 7a7 or 7b7 or that has in effect a statute1 policy1 or practice providing that it not comply with valid ,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#a771 shall not be eligible to receive for the period described in paragraph 7#f7-- 7,a7 any of the funds that would otherwise be allocated to the ,state or local government 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 or the ,department of ,homeland ,security that is substantially related to law enforcement1 immigration1 enforcement of the immigration laws1 or naturalization4 7#b7 ,transfer of custody of aliens pending removal proceedings ,the ,secretary of ,homeland ,security1 at the ,secretary's sole and unreviewable discretion1 may decline to transfer an alien in the custody of the ,department of ,homeland ,security to a ,state or local government determined1 pursuant to paragraph 7#d71 to restrict the rights described under subsection 7a7 or 7b71 or that has in effect a statute1 policy1 or practice providing that it not comply with valid ,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#a771 regardless of whether the ,state or local government has issued a writ or warrant4 7#c7 ,transfer of custody of certain aliens prohibited ,the ,secretary of ,homeland ,security shall not transfer an alien with a final order of removal1 as defined in section #aja7;a77#dg7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dg771 to a ,state or local government that is determined1 pursuant to paragraph 7#d71 to restrict the rights described under subsection 7a7 or 7b71 or that has in effect a statute1 policy1 or practice providing that it not comply with valid ,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#a774 7#d7 ,annual determination ,the ,secretary of ,homeland ,security1 in the ,secretary's sole and unreviewable discretion1 shall determine for each fiscal year which ,states and local governments restrict the rights described under subsection 7a7 or 7b71 or that have in effect a statute1 policy1 or practice providing that they not comply with valid ,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#a771 and shall report such determinations to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate by ,march #a of each succeeding fiscal year4 7#e7 ,reports ,the ,secretary of ,homeland ,security shall issue a report on the annual determination made under paragraph 7#d7 at the request of the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate4 7#f7 ,period described ,any jurisdiction that is determined to restrict the rights established under subsection 7a7 or 7b7 or that has in effect a statute1 policy1 or practice providing that it not comply with valid ,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#a77 shall be ineligible to receive ,federal financial assistance as provided in paragraph 7#a7-- 7,a7 for a period of #a year2 or 7,b7 until the ,secretary of ,homeland ,security certifies that the jurisdiction has come into compliance1 whichever is later4 7#g7 ,reallocation ,any funds that are not allocated to a ,state or to a local government due to the ,state or local government restricting the rights described under subsection 7a7 or 7b71 or that has in effect a statute1 policy1 or practice providing that it not comply with valid ,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#a771 shall be reallocated to ,states or local governments that comply with each such subsection4 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 7i7 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 ,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 of ,homeland ,security shall 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 established if any of the following criteria is met3 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 deportable4 7,b7 ,the individual who is the subject of the detainer is the subject of ongoing removal proceedings1 including matters in which a charging document has been served4 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 final4 7,d7 ,the individual who is the subject of the detainer has made voluntary statements to an immigration officer or there is other reliable evidence that affirmatively indicates that the individual is an inadmissible or deportable alien4 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 7#d7 ,removal ,a civil action or criminal prosecution that is commenced in a ,state court and that is against or directed to a ,state or local government entity 7and an official or other personnel of the ,state or local government entity acting in their official capacities71 and a nongovernmental entity 7and its personnel7 contracted by the ,state or local government for the purpose of providing detention1 acting in compliance with a ,department of ,homeland ,security detainer issued pursuant to this section that temporarily holds an alien in their custody pursuant to the terms of a detainer so that the alien may be taken into the custody of the ,department of ,homeland ,security may be removed by them to the district court of the ,united ,states for the district and division embracing the place wherein it is pending or to the district court of the ,united ,states for the district and division in which the defendant was served with process4 7#e7 ,immunity ,a ,state or local government entity 7and an official or other personnel of the ,state or local government entity acting in their official capacities71 and a nongovernmental entity 7and its personnel7 contracted by the ,state or local government for the purpose of providing detention1 acting in compliance with a ,department of ,homeland ,security detainer issued pursuant to this section that temporarily holds an alien in their 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#f7 ,federal ,government as defendant ,following removal of any civil action arising out of the compliance with a ,department of ,homeland ,security detainer by a ,state or local government 7and the officials and personnel of the ,state or local government acting in their official capacities71 or a nongovernmental entity 7and its personnel7 contracted by the ,state or local government for the purpose of providing detention1 the ,united ,states ,government shall be substituted as the party defendant in the suit in regard to the detention resulting from compliance with the detainer4 7#g7 ,mistreatment exception ,paragraphs 7#e7 and 7#f7 shall not apply for claims the district court determines arose from any mistreatment of an individual by a ,state or a local government 7and the officials and personnel of the ,state or local government acting in their official capacities71 or a nongovernmental entity 7and its personnel7 contracted by the ,state or local government for the purpose of providing detention4 7#h7 ,contrary laws superseded ,the provisions under this section shall supersede any and all ,state and local laws1 ordinances1 regulations1 and policies that directly or indirectly prohibit or restrict1 in whole or in part1 the activities described in such section4 7#i7 ,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 any felony 7as such terms are defined by the prosecuting jurisdiction71 or any aggravated felony 7as defined in section #aja7;a77#dc7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc771 for which an alien has been convicted may bring an action for compensatory damages against a ,state or local government 7or public official acting in an official capacity7 in the appropriate ,federal court if the ,state or local government1 except as provided in subparagraphs 7,b7 and 7,d7-- 7i7 released the alien from custody prior to the commission of such crime as a consequence of the ,state or local government declining to honor a detainer issued pursuant to paragraph 7#a72 7ii7 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 and as a consequence of its statute1 policy1 or practice1 released the alien from custody prior to the commission of such crime2 or 7iii7 has in effect a statute1 policy1 or practice requiring a subordinate local government to decline to honor any or all detainers issued pursuant to paragraph 7#a7 and as a consequence of its statute1 policy or practice1 the subordinate local government declined to honor a detainer issued pursuant to such section and released the alien from custody prior to the commission of such crime4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any individual who committed an offense described in such subparagraph4 7,c7 ,limitation on bringing action ,an action may not be brought under this paragraph later than the date that is #aj years following the commission of the crime1 or death of a person as a result of such crime1 whichever occurs later4 7,d7 ,proper defendant ,if a subordinate local government-- 7i7 declines to honor a detainer issued pursuant to paragraph 7#a7 as a consequence of a prohibition imposed on that subordinate local government by a ,state or another local government with jurisdiction over the subordinate local government that prohibits the subordinate local government from honoring the detainer or fully complying with section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc72 and 7ii7 as a consequence of the statute or other legal requirement of the ,state or local government1 the subdivision released the alien referred to in subparagraph 7,a7 from custody prior to the commission of the crime referred to in that paragraph1 the ,state or other local government that imposed the prohibition shall be the proper defendant in a cause of action under this subsection1 and no such cause of action may be maintained against the local government that declined to honor the detainer4 7,e7 ,attorney's fees and other costs ,in any action or proceeding under this paragraph1 the court shall award a prevailing plaintiff a reasonable attorney's fee and a reasonable expert fee as part of the costs4 7,f7 ,retroactivity ,subject to the limitation in subparagraph 7,c71 an action under subparagraph 7,a7 may be brought with respect to an offense described in such subparagraph 7,a7-- 7i7 committed not earlier than #aj years before the date of enactment of the ,shut ,down ,sanctuary ,policies ,act of #bjbf2 or 7ii7 committed on or after the date of enactment of the ,shut ,down ,sanctuary ,policies ,act of #bjbf4 4 #d4 ,construction2 severability ,any provision of this ,act1 or an amendment made by this ,act1 held to be invalid or unenforceable by its terms1 or as applied to any person or circumstance1 shall be construed so as to give it the maximum effect permitted by law1 unless such holding is that the provision of law is invalid or unenforceable1 in which event such provision shall be deemed severable from this ,act and shall not affect the remainder of this ,act1 or the application of such provision to other persons not similarly situated or to other1 dissimilar circumstances4 ,march #ab1 #bjbf,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed