,,ii #aaith ,,congress #b;d ,session ,s4 #cgij ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #e1 #bjbf,mr4 ,schmitt introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to condition certain ,federal funds for ,states and local governments on cooperation with ,federal immigration enforcement authorities1 to deter illegal entry and reentry into the ,united ,states1 to increase criminal penalties for crimes committed after illegal reentry into the ,united ,states1 to protect ,federal officers and employees from agitators using loud noises to interfere with the performance of their official duties1 and to exclude organizations that promote1 incite1 or provide material support for criminal violence from the tax benefits available under section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protect ,america ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,conditions1 ,coordination1 and ,civil ,liability,sec4 #ajj4 ,short title4,subtitle ,a--,conditions on ,federal funds related to immigration law cooperation,sec4 #aja4 ,finding2 purposes2 authority4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,condition for the receipt of covered ,federal funds4,sec4 #ajd4 ,centralized determination and publication of noncompliant jurisdictions4,sec4 #aje4 ,notice and opportunity to cure4,sec4 #ajf4 ,ineligibility1 termination1 and recovery of funds4,sec4 #ajg4 ,rules of construction4,sec4 #ajh4 ,effective date4,sec4 #aji4 ,severability4,subtitle ,b--,immigration status information and custody coordination requirements for federally funded detention facilities,sec4 #aba4 ,finding2 purposes2 authority4,sec4 #abb4 ,definitions4,sec4 #abc4 ,duty to determine and communicate immigration status information4,sec4 #abd4 ,ongoing information-sharing and access requirements4,sec4 #abe4 ,detainer coordination4,sec4 #abf4 ,substantial burden prohibition4,sec4 #abg4 ,recordkeeping requirements4,sec4 #abh4 ,enforcement4,sec4 #abi4 ,rules of construction4,sec4 #acj4 ,effective date4,sec4 #aca4 ,severability4,subtitle ,c--,civil remedy for harm resulting from sanctuary policies,sec4 #ada4 ,purpose2 authority4,sec4 #adb4 ,definitions4,sec4 #adc4 ,private right of action4,sec4 #add4 ,relief4,sec4 #ade4 ,waiver of immunity as a condition of receiving ,federal funds4,sec4 #adf4 ,prohibition on use of ,federal funds for judgments or indemnification4,sec4 #adg4 ,rules regarding proof and causation4,sec4 #adh4 ,statute of limitations4,sec4 #adi4 ,rules of construction4,sec4 #aej4 ,severability4,sec4 #aea4 ,effective date4 ,subtitle ,d--,no student visas for sanctuary cities ,sec4 #afa4 ,short title4 ,sec4 #afb4 ,limitation on availability of ,f-visas and ,m-visas for institutions in sanctuary jurisdictions4,,title ,,ii--,increasing penalties for illegal entry and reentry,sec4 #bja4 ,short title4,sec4 #bjb4 ,purposes4,sec4 #bjc4 ,increasing penalties for illegal entry4,sec4 #bjd4 ,increasing penalties for illegal reentry4,,title ,,iii--,protect ,law ,enforcement,subtitle ,a--,shielding ,heroes in ,enforcement from ,loud ,disruptions,sec4 #cja4 ,short titles4,sec4 #cjb4 ,amendment4,subtitle ,b--,federal ,officer ,protection,sec4 #caa4 ,short title4,sec4 #cab4 ,increased penalties and adjusted mandatory minimum sentences for assaulting ,federal officers4,sec4 #cac4 ,applicability4,,title ,,iv--,defunding rogue nonprofits,sec4 #dja4 ,short title4,sec4 #djb4 ,special rules for certain charitable organizations4 ,i ,conditions1 ,coordination1 and ,civil ,liability #ajj4 ,short title ,this title may be cited as the ,no ,sanctuary ,cities ,act4 ,a ,conditions on ,federal funds related to immigration law cooperation #aja4 ,finding2 purposes2 authority 7a7 ,finding ,congress finds that the conditions imposed by this subtitle are unambiguous1 directly related to the ,federal interest in immigration enforcement and public safety1 and knowingly and voluntarily accepted by any jurisdiction that elects to receive covered ,federal funds4 7b7 ,purposes ,the purposes of this subtitle are-- 7#a7 to ensure ,federal funds are not obligated or expended in a manner that subsidizes1 facilitates1 or incentivizes ,state or local policies that obstruct the enforcement of ,federal immigration law2 and 7#b7 to protect the ,federal interests in immigration enforcement1 national security1 and public safety4 7c7 ,authority ,congress enacts this subtitle pursuant to its authority under-- 7#a7 section #h of article ,i of the ,constitution of the ,united ,states1 which authorizes ,congress to tax and spend for the general welfare1 to regulate immigration as an inherent attribute of national sovereignty1 to make all laws necessary and proper for carrying such powers into execution2 and 7#b7 clause #b of article ,,vi of the ,constitution of the ,united ,states 7commonly known as the ,supremacy ,clause74 #ajb4 ,definitions ,in this subtitle3 7#a7 ,covered federal funds ,the term covered ,federal funds means any grant1 cooperative agreement1 loan1 contract1 or other form of ,federal financial assistance administered by-- 7,a7 the ,department of ,justice2 7,b7 the ,department of ,homeland ,security2 7,c7 the ,department of ,housing and ,urban ,development2 or 7,d7 the ,department of ,transportation4 7#b7 ,covered jurisdiction ,the term covered jurisdiction means any ,state1 political subdivision of a ,state1 or any agency or instrumentality of such a ,state or political subdivision4 7#c7 ,immigration enforcement cooperation ,the term immigration enforcement cooperation means compliance with ,federal laws governing information sharing1 notification1 and coordination with ,u4,s4 ,immigration and ,customs ,enforcement1 including-- 7,a7 communicating information regarding the citizenship or immigration status of individuals in custody2 7,b7 notifying ,u4,s4 ,immigration and ,customs ,enforcement when a detained individual is determined to be a noncitizen2 and 7,c7 refraining from adopting or enforcing policies that prohibit1 restrict1 or materially impede such communication or coordination4 7#d7 ,knowing or constructive noncompliance ,the term knowing or constructive noncompliance means that officials of a covered jurisdiction knew1 or reasonably should have known in light of the facts and circumstances1 that the covered jurisdiction was maintaining a sanctuary policy in violation of this title4 7#e7 ,sanctuary policy ,the term sanctuary policy means any statute1 ordinance1 regulation1 policy1 or practice of a covered jurisdiction that prohibits1 restricts1 or materially impedes immigration enforcement cooperation4 #ajc4 ,condition for the receipt of covered ,federal funds 7a7 ,certification ,as a condition of receiving covered ,federal funds1 a covered jurisdiction shall certify that-- 7#a7 it does not have in effect any sanctuary policy2 and 7#b7 it will not adopt1 enforce1 or maintain any sanctuary policy during the period for which such funds are obligated or expended4 7b7 ,compliance ,acceptance of covered ,federal funds constitutes a knowing and voluntary agreement to comply with the requirements under this subtitle4 7c7 ,no exemptions ,no officer or employee of the ,federal ,government may waive1 suspend1 or otherwise exempt a covered jurisdiction from the certification requirement described in subsection 7a74 7d7 ,false claims ,any certification required under this section is a material condition of payment for purposes of sections #cgbi through #cgcc of title #ca1 ,united ,states ,code4 #ajd4 ,centralized determination and publication of noncompliant jurisdictions 7a7 ,in general ,a covered jurisdiction shall be considered noncompliant with this subtitle if the covered jurisdiction adopts or maintains a sanctuary policy during a period in which covered ,federal funds are obligated or expended4 7b7 ,basis ,the head of the ,federal agency administering covered ,federal funds shall make determinations of noncompliance based on law1 regulation1 policy1 or practice in effect within the covered jurisdiction4 7c7 ,periodic determinations ,not later than #fj days after the date of the enactment of this ,act1 and periodically thereafter1 the ,attorney ,general1 in coordination with the ,secretary of ,homeland ,security1 shall determine whether any covered jurisdiction is noncompliant with this subtitle or subtitle ,b4 7d7 ,publication ,the ,attorney ,general shall publish and maintain a publicly available list of covered jurisdictions determined to be noncompliant under this section4 7e7 ,notice ,if a covered jurisdiction is included on the list described in subsection 7d71 the ,attorney ,general shall provide written notice to the covered jurisdiction identifying the basis for such determination4 7f7 ,evidence ,inclusion on the list described in subsection 7d7 shall constitute prima facie evidence of noncompliance for purposes of enforcement under this title4 #aje4 ,notice and opportunity to cure 7a7 ,notice ,upon a determination of noncompliance1 the administering ,federal agency shall provide written notice to the covered jurisdiction describing the basis for such determination4 7b7 ,recovery ,if a covered jurisdiction is noncompliant during a period in which covered ,federal funds have been obligated or expended1 the administering ,federal agency shall recover-- 7#a7 any covered ,federal funds obligated or expended after the expiration of the cure period2 and 7#b7 any covered ,federal funds obligated or expended during a period of knowing or constructive noncompliance occurring prior to notice under section #ajd4 7c7 ,deadline ,not later than #cj days after receiving notice under subsection 7a71 a covered jurisdiction shall repeal1 suspend1 or otherwise eliminate the sanctuary policy giving rise to noncompliance in order to cure the violation4 7d7 ,limitation on recovery ,recovery under this section may include funds obligated or expended during the #e-year period immediately preceding the determination of noncompliance4 7e7 ,effect of cure ,a covered jurisdiction that cures the violation within the period described in subsection 7c7 shall not be subject to the penalties described in section #ajf for any period preceding the cure4 #ajf4 ,ineligibility1 termination1 and recovery of funds 7a7 ,failure ,to cure ,a covered jurisdiction that fails to cure a violation within the period provided under section #aje7;c7 shall be ineligible to receive covered ,federal funds for any fiscal year during which such noncompliance persists4 7b7 ,termination and recovery of funds ,if a covered jurisdiction is noncompliant during a period in which covered ,federal funds have been obligated or expended1 the administering ,federal agency shall-- 7#a7 terminate further obligation or expenditure of such funds2 and 7#b7 recover all covered ,federal funds subject to recovery under section #aje7;b74 7c7 ,reallocation ,any funds recovered under this section shall be reallocated1 to the extent practicable1 to covered jurisdictions that are in compliance with this subtitle4 7d7 ,limitation ,actions taken under this section shall be limited to covered ,federal funds and shall not apply to unrelated ,federal assistance4 #ajg4 ,rules of construction ,nothing in this subtitle may be construed-- 7#a7 to require a covered jurisdiction to enact or administer a ,federal regulatory program2 7#b7 to limit the authority of the ,federal ,government to enforce ,federal immigration law2 or 7#c7 to require a ,state or political subdivision of a ,state to enact or administer a ,federal regulatory program1 or to impose any obligation except as a condition on the voluntary receipt of ,federal funds4 #ajh4 ,effective date ,this subtitle shall-- 7#a7 take effect on the date of the enactment of this ,act2 and 7#b7 apply to any covered jurisdiction receiving covered ,federal funds on or after such date4 #aji4 ,severability ,if any provision of this subtitle or the application of such a provision to any particular person or circumstance is held to be unconstitutional1 the remaining provisions of this subtitle and the application of such provisions to any other person or circumstance shall not be affected4 ,b ,immigration status information and custody coordination requirements for federally funded detention facilities #aba4 ,finding2 purposes2 authority 7a7 ,finding ,congress finds that the requirements of this subtitle are neutral and generally applicable conditions on the receipt of ,federal funds1 provide clear notice1 and are directly related to the ,federal interest in immigration enforcement and public safety4 7b7 ,purposes ,the purposes of this subtitle are-- 7#a7 to ensure detention facilities receiving ,federal funds provide timely1 complete1 and ongoing information and coordination to ,federal immigration authorities regarding the immigration status of individuals in custody2 and 7#b7 to prevent the use of ,federal funds to obstruct the enforcement of ,federal immigration law4 7c7 ,authority ,congress enacts this subtitle pursuant to its authority under-- 7#a7 section #h of article ,i of the ,constitution of the ,united ,states1 which authorizes ,congress to tax and spend for the general welfare1 to regulate immigration as an inherent attribute of national sovereignty1 to make all laws necessary and proper for carrying such powers into execution2 and 7#b7 clause #b of article ,,vi of the ,constitution of the ,united ,states 7commonly known as the ,supremacy ,clause74 #abb4 ,definitions ,in this subtitle3 7#a7 ,covered detention facility ,the term covered detention facility means any ,state or local jail1 prison1 detention center1 or other custodial facility1 or any agency or instrumentality thereof1 that receives covered ,federal funds4 7#b7 ,covered federal funds ,the term covered ,federal funds means any grant1 cooperative agreement1 loan1 contract1 or other form of ,federal financial assistance administered by-- 7,a7 the ,department of ,justice2 7,b7 the ,department of ,homeland ,security2 7,c7 the ,department of ,housing and ,urban ,development2 or 7,d7 the ,department of ,transportation4 7#c7 ,federal immigration enforcement authority ,the term ,federal immigration enforcement authority means ,u4,s4 ,immigration and ,customs ,enforcement or any successor component of the ,department of ,homeland ,security4 7#d7 ,immigration status information ,the term immigration status information means any information relating to citizenship1 nationality1 immigration status1 removability1 identity1 biographic data1 biometric data1 or custodial status4 7#e7 ,noncitizen ,the term noncitizen means any individual who is not a citizen or national of the ,united ,states4 #abc4 ,duty to determine and communicate immigration status information 7a7 ,condition ,as a condition of receiving covered ,federal funds1 a covered detention facility shall make a reasonable determination of the citizenship status of each individual detained4 7b7 ,notification ,not later than #bd hours after determining a detained individual is a noncitizen1 the covered detention facility shall submit notice to a ,federal immigration enforcement authority that includes immigration status information regarding such individual4 7c7 ,applicability ,the duties under subsections 7a7 and 7b7 shall apply regardless of the offense charged1 the stage of criminal proceedings1 or whether release is anticipated4 7d7 ,rule of construction ,nothing in this section may be construed to require a covered detention facility to make a final legal determination of removability4 #abd4 ,ongoing information-sharing and access requirements 7a7 ,in general ,a covered detention facility shall provide ,federal immigration enforcement authorities with ongoing access to immigration status information1 including updates regarding-- 7#a7 transfers of custody2 7#b7 changes in charges or custodial status2 7#c7 bail1 bond1 or sentencing determinations2 and 7#d7 anticipated release eligibility4 7b7 ,reasonable access ,a covered detention facility shall permit reasonable access by ,federal immigration enforcement authorities to detained noncitizens for the purpose of interviews1 identification1 record review1 and the lodging of detainers4 7c7 ,prohibitions ,a covered detention facility may not delay1 withhold1 or condition the provision of information or access required under this section based on local law1 policy1 or practice4 #abe4 ,detainer coordination 7a7 ,in general ,as a condition of receiving covered ,federal funds1 a covered detention facility shall honor a detainer lawfully issued by a ,federal immigration enforcement authority by providing such authority advance notice of an individual's scheduled release and coordinating a transfer of custody4 7b7 ,classification ,compliance with a detainer under this section shall be deemed a ,federal function carried out pursuant to ,federal authority4 #abf4 ,substantial burden prohibition 7a7 ,in general ,except as provided in subsection 7c7 no ,state1 political subdivision of a ,state1 or covered detention facility may impose or enforce any law1 policy1 or practice that substantially burdens the provision of immigration status information1 access1 or coordination required under this subtitle4 7b7 ,substantial burden ,a law1 policy1 or practice imposes a substantial burden if it directly or indirectly inhibits1 delays1 penalizes1 or deters compliance with this subtitle4 7c7 ,exceptions ,a substantial burden may be imposed only if the jurisdiction imposing such burden demonstrates that the burden-- 7#a7 furthers a compelling governmental interest2 and 7#b7 is the least restrictive means of furthering such interest4 #abg4 ,recordkeeping requirements 7a7 ,in general ,each covered detention facility shall retain records sufficient to document compliance with this subtitle1 including-- 7#a7 determinations of citizenship or immigration status2 7#b7 communications with ,federal immigration authorities2 7#c7 detainer requests and responses2 and 7#d7 custody transfer or release information4 7b7 ,retention period ,records described in subsection 7a7 shall be retained for not less than #e years4 7c7 ,availability ,records retained pursuant to this section shall be made available1 upon request1 to the ,department of ,justice or the ,department of ,homeland ,security4 #abh4 ,enforcement 7a7 ,violation ,a violation of this subtitle shall constitute a failure of a covered detention facility to comply with conditions on the receipt of covered ,federal funds4 7b7 ,effect of noncompliance ,upon a determination of noncompliance1 the ,attorney ,general or the ,secretary of ,homeland ,security shall-- 7#a7 suspend or terminate covered ,federal funds to the noncompliant covered detention facility2 7#b7 recover all covered ,federal funds obligated or expended by the noncompliant covered detention facility during the period of noncompliance2 and 7#c7 seek declaratory or injunctive relief1 as appropriate4 #abi4 ,rules of construction ,nothing in this subtitle may be construed-- 7#a7 to require a ,state or local government to enact or administer a ,federal regulatory program2 7#b7 to limit the authority of the ,federal ,government to enforce ,federal immigration law2 or 7#c7 to require a ,state or political subdivision of a ,state to enact or administer a ,federal regulatory program1 or to impose any obligation except as a condition on the voluntary receipt of ,federal funds4 #acj4 ,effective date ,this subtitle shall-- 7#a7 take effect on the date of the enactment of this ,act2 and 7#b7 apply to any covered detention facility receiving covered ,federal funds on or after such date4 #aca4 ,severability ,if any provision of this subtitle or the application of such provision to any particular person or circumstance is held to be unconstitutional1 the remaining provisions of this subtitle and the application of such provisions to any other person or circumstance shall not be affected4 ,c ,civil remedy for harm resulting from sanctuary policies #ada4 ,purpose2 authority 7a7 ,purposes ,the purposes of this subtitle are to provide a civil remedy to persons injured by serious violent crime committed by removable aliens if a ,state or local government's sanctuary policy obstructed ,federal immigration enforcement and foreseeably contributed to the alien's continued presence at liberty4 7b7 ,authority ,congress enacts this subtitle pursuant to its authority under-- 7#a7 section #h of article ,i of the ,constitution of the ,united ,states1 which authorizes ,congress to regulate immigration as an inherent attribute of national sovereignty1 to provide for the general welfare1 and to make all laws necessary and proper for carrying such powers into execution2 and 7#b7 clause #b of article ,,vi of the ,constitution of the ,united ,states 7commonly known as the ,supremacy ,clause74 #adb4 ,definitions ,in this subtitle3 7#a7 ,constructive knowledge ,the term constructive knowledge means officials of a covered jurisdiction knew1 or reasonably should have known in light of the facts and circumstances1 that-- 7,a7 the individual was a removable alien2 and 7,b7 a sanctuary policy prohibited1 restricted1 or materially impeded immigration enforcement cooperation with respect to the individual4 7#b7 ,covered federal funds ,the term covered ,federal funds has the meaning given such term in section #ajb4 7#c7 ,covered jurisdiction ,the term covered jurisdiction means any ,state1 political subdivision of a ,state1 or any agency or instrumentality of such ,state or subdivision4 7#d7 ,federal immigration enforcement authority ,the term ,federal immigration enforcement authority means ,u4,s4 ,immigration and ,customs ,enforcement or any successor component of the ,department of ,homeland ,security4 7#e7 ,removable alien ,the term removable alien means an alien 7as defined in section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c777 who is unlawfully present in the ,united ,states or otherwise subject to removal under ,federal immigration law4 7#f7 ,sanctuary policy ,the term sanctuary policy means any statute1 ordinance1 regulation1 policy1 practice1 directive1 guidance1 or custom of a covered jurisdiction that prohibits1 restricts1 or materially impedes1 directly or indirectly-- 7,a7 sending1 receiving1 maintaining1 accessing1 or exchanging with a ,federal immigration enforcement authority information regarding the citizenship1 nationality1 immigration status1 removability1 identity1 location1 transfer1 detention1 or custodial status of any individual2 or 7,b7 complying with a lawful request or detainer issued by a ,federal immigration enforcement authority1 including a request to provide notice1 access1 transfer coordination1 or temporary detention following the time the individual would otherwise be released4 7#g7 ,serious violent felony ,the term serious violent felony means murder1 voluntary manslaughter1 rape1 sexual assault1 aggravated sexual abuse1 child sexual abuse1 kidnapping1 human trafficking1 armed robbery1 carjacking1 aggravated assault resulting in serious bodily injury1 or any felony offense that has as an element the use1 attempted use1 or threatened use of physical force against the person of another4 #adc4 ,private right of action 7a7 ,civil action authorized ,any individual who suffers personal injury1 or the estate1 survivors1 or heirs of an individual who is killed1 as a result of a serious violent felony committed by a removable alien may bring a civil action against a covered jurisdiction in an appropriate ,federal district court if the requirements of subsection 7b7 are satisfied4 7b7 ,burden of proof ,to prevail in an action under this section1 a plaintiff shall establish1 by a preponderance of the evidence1 that-- 7#a7 the covered jurisdiction adopted1 enforced1 or maintained a sanctuary policy2 7#b7 with respect to the removable alien1 the covered jurisdiction had constructive knowledge2 7#c7 the sanctuary policy was a substantial factor that prohibited1 restricted1 or materially impeded a ,federal immigration enforcement authority from obtaining timely information about1 access to1 custody of1 or the ability to remove the removable alien2 and 7#d7 the plaintiff's injury or death was a foreseeable and proximate result of the covered jurisdiction's conduct described in paragraphs 7#a7 through 7#c74 7c7 ,constructive knowledge ,if a covered jurisdiction is included on the list published under section #ajd during the relevant period1 such inclusion shall give rise to a rebuttable presumption that the covered jurisdiction had constructive knowledge for purposes of subsection 7b77#b74 7d7 ,defense ,it shall not be a defense to an action under this subtitle that the covered jurisdiction acted pursuant to ,state or local law1 policy1 or directive4 7e7 ,evidentiary standard ,a plaintiff shall not be required to prove that the removable alien was convicted of the serious violent felony if the plaintiff establishes1 by a preponderance of the evidence1 that the removable alien committed the serious violent felony4 7f7 ,venue ,an action under this subtitle may be brought in the judicial district in which-- 7#a7 the injury occurred2 7#b7 the sanctuary policy was adopted1 enforced1 or maintained2 or 7#c7 the covered jurisdiction is located4 #add4 ,relief 7a7 ,compensatory damages ,in an action under section #adc1 a prevailing plaintiff may recover compensatory damages4 7b7 ,attorneys' fees and costs ,in an action under section #adc1 the court shall award a prevailing plaintiff reasonable attorneys' fees and costs1 including reasonable expert witness fees4 7c7 ,joint liability ,a covered jurisdiction found liable under this subtitle shall be jointly and severally liable for the full amount of damages awarded under a civil action authorized under this subtitle4 #ade4 ,waiver of immunity as a condition of receiving ,federal funds 7a7 ,condition ,as a condition of receiving covered ,federal funds or any ,federal financial assistance administered by the ,department of ,justice or the ,department of ,homeland ,security1 a covered jurisdiction shall be deemed to have waived any claim of sovereign immunity1 including immunity under the ,eleventh ,amendment to the ,united ,states ,constitution1 with respect to a civil action brought under this subtitle4 7b7 ,applicability ,the waiver described in subsection 7a7 applies only to claims arising from conduct occurring during a period in which the covered jurisdiction accepted ,federal funds described in subsection 7a74 7c7 ,rule of construction ,nothing in this section may be construed to require a covered jurisdiction to accept ,federal funds4 #adf4 ,prohibition on use of ,federal funds for judgments or indemnification ,no ,federal funds may be used to satisfy any judgment1 settlement1 indemnification obligation1 or insurance premium arising from liability under this subtitle4 #adg4 ,rules regarding proof and causation 7a7 ,material impediment ,for purposes of section #adc7;b77#c71 a sanctuary policy materially impeded ,federal immigration enforcement if the policy reasonably tended to delay1 deter1 or prevent a ,federal immigration enforcement authority from receiving timely information1 obtaining timely access1 or taking custody of the removable alien4 7b7 ,foreseeability ,for purposes of section #adc7;b77#d71 an injury is foreseeable if1 in light of the circumstances1 a reasonable person would recognize that obstructing immigration enforcement cooperation with respect to a removable alien increases the risk that the alien will remain at liberty and commit a serious violent felony4 7c7 ,rule of construction ,nothing in this subtitle may be construed to impose liability on a covered jurisdiction for the independent criminal acts of another absent the elements set forth in section #adc7;b74 7d7 ,exclusive requirements ,in an action under this subtitle1 the elements listed in section #adc7;b7 shall constitute the exclusive requirements for establishing liability4 #adh4 ,statute of limitations ,an action under this subtitle may be brought not later than #aj years after the date on which the injury or death giving rise to the action occurred4 #adi4 ,rules of construction ,nothing in this subtitle may be construed-- 7#a7 to limit the authority of the ,united ,states to enforce ,federal immigration law2 or 7#b7 to create liability for a covered jurisdiction solely because the jurisdiction received ,federal funds1 absent the elements listed in section #adc7;b74 #aej4 ,severability ,if any provision of this subtitle1 or the application of such provision to any person or circumstance1 is held invalid1 the remainder of this subtitle and the application of such provisions to any other person or circumstance shall not be affected4 #aea4 ,effective date ,this subtitle shall-- 7#a7 take effect on the date of the enactment of this ,act2 and 7#b7 apply to injuries occurring on or after such date4 ,d ,no student visas for sanctuary cities #afa4 ,short title ,this subtitle may be cited as the ,no ,student ,visas for ,sanctuary ,cities ,act of #bjbf4 #afb4 ,limitation on availability of ,f-visas and ,m-visas for institutions in sanctuary jurisdictions ,section #bad7m7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7m77 is amended by adding at the end the following3 7#c7 7,a7 ,the ,secretary of ,homeland ,security shall1 for each fiscal year1 identify sanctuary jurisdictions for purposes of this paragraph4 7,b7 ,in the case of an alien who seeks a visa under or to be accorded status as a nonimmigrant under section #aja7;a77#ae77;,f7 to pursue a course of study at an established college1 university1 conservatory1 academic high school1 elementary school1 or other academic institution or in an accredited language training program in the ,united ,states1 if such college1 university1 conservatory1 academic high school1 elementary school1 or other academic institution or accredited language training program is located in a sanctuary jurisdiction1 such visa may not be issued nor may such status be accorded4 7,c7 ,in the case of an alien who seeks a visa under or to be accorded status as a nonimmigrant under section #aja7;a77#ae77,m7 to pursue a full course of study at an established vocational or other recognized nonacademic institution 7other than in a language training program7 in the ,united ,states1 if such vocational or other recognized nonacademic institution is located in a sanctuary jurisdiction1 such visa may not be issued nor may such status be accorded4 7,d7 ,the prohibition under subparagraphs 7,b7 and 7,c7 do not apply for a fiscal year in the case of a ,state or unit of local government identified as a sanctuary jurisdiction if the ,secretary of ,homeland ,security thereafter determines that such ,state or unit of local government is no longer a sanctuary jurisdiction and submits a report to ,congress to that effect4 7,e7 ,in this paragraph1 the term sanctuary jurisdiction means any ,state or unit of local government that has laws1 ordinances1 regulations1 resolutions1 policies1 or other practices that obstruct immigration enforcement and shield criminals from ,u4,s4 ,immigration and ,customs ,enforcement1 including by-- 7i7 refusing to or prohibiting agencies from complying with ,u4,s4 ,immigration and ,customs ,enforcement detainers2 7ii7 imposing unreasonable conditions on ,u4,s4 ,immigration and ,customs ,enforcement detainer compliance2 7iii7 denying ,u4,s4 ,immigration and ,customs ,enforcement access to interview incarcerated aliens2 or 7iv7 otherwise impeding communication or information exchanges between the jurisdiction's personnel and ,federal immigration officers4 4 ,,ii ,increasing penalties for illegal entry and reentry #bja4 ,short title ,this title may be cited as the ,stopping ,invaders ,act4 #bjb4 ,purposes ,the purposes of this title are-- 7#a7 to deter aliens from attempting to illegally enter the ,united ,states2 and 7#b7 to punish aliens who attempt to or successfully illegally enter the ,united ,states4 #bjc4 ,increasing penalties for illegal entry ,section #bge of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbe7 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,any alien who enters or attempts to enter the ,united ,states at any time or place other than as designated by immigration officers eludes examination or inspection by immigration officers1 or attempts to enter or obtains entry to the ,united ,states by a willfully false or misleading representation or the willful concealment of a material fact1 shall-- 7#a7 for the first commission of any such offense1 be fined under title #ah1 ,united ,states ,code1 imprisoned for a period of at least #a year and not more than #e years1 or both2 and 7#b7 for a subsequent commission of any such offense1 be fined under such title #ah1 imprisoned for a period of at least #b years and not more than #aj years1 or both4 2 7#b7 in subsection 7b71 by amending paragraph 7#a7 to read as follows3 7#a7 at least #be1jjj and not more than #ajj1jjj for each such entry 7or attempted entry72 or 2 and 7#c7 by adding at the end the following3 7e7 ,mandatory detention 7#a7 ,in general ,notwithstanding any other provision of law1 an alien charged with an offense described in subsection 7a7 shall be detained pending the completion of all criminal proceedings relating to such offense1 including sentencing4 7#b7 ,no release ,an alien described in paragraph 7#a7 may not be released on bond1 parole1 recognizance1 or any other form of release during the period of detention required under this subsection4 4 #bjd4 ,increasing penalties for illegal reentry ,section #bgf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbf7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 7#b7 by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,defined term ,in this section1 the term removal includes any agreement in which an alien stipulates to removal related to a criminal charge under ,federal or ,state law4 7b7 ,in general ,except as provided in subsection 7c71 any alien who-- 7#a7 has been denied admission1 excluded1 deported1 or removed or has departed the ,united ,states while an order of exclusion1 deportation1 or removal is outstanding2 and 7#b7 thereafter enters1 attempts to enter1 or is at any time found in1 the ,united ,states1 unless-- 7,a7 before the alien's reembarkation at a place outside the ,united ,states or the alien's application for admission from foreign contiguous territory1 the ,secretary of ,homeland ,security has expressly consented to such alien's reapplying for admission2 or 7,b7 with respect to an alien previously denied admission and removed1 such alien shall establish that the alien was not required to obtain such advance consent under this ,act or under any prior ,act1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned at least #e years but not more than #aj years1 or both4 7c7 ,criminal penalties for reentry of certain removed aliens 7#a7 ,in general ,notwithstanding the penalty described in subsection 7b71 and except as provided in subsection 7d71 an alien described in subsection 7b7-- 7,a7 who was convicted before such removal or departure of #c or more misdemeanors involving drugs1 crimes against the person1 or both1 or a felony 7other than an aggravated felony71 shall be fined under title #ah1 ,united ,states ,code1 imprisoned at least #aj years but not more than #bj years1 or both2 7,b7 who has been excluded from the ,united ,states pursuant to section #bce7;c7 because the alien was inadmissible under section #bab7;a77#c77;,b7 or who has been removed from the ,united ,states pursuant to title ,v1 and who thereafter1 without the permission of the ,secretary of ,homeland ,security1 enters the ,united ,states1 or attempts to do so1 shall be fined under title #ah1 ,united ,states ,code1 and imprisoned for at least #aj years but not more than #bj years1 which sentence shall not run concurrently with any other sentence2 7,c7 who was removed from the ,united ,states pursuant to section #bda7;a77#d77;,b7 who thereafter1 without the permission of the ,secretary of ,homeland ,security1 enters1 attempts to enter1 or is at any time found in1 the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for at least #aj years but not more than #bj years1 or both2 or 7,d7 who has been denied admission1 excluded1 deported1 or removed #c or more times and thereafter enters1 attempts to enter1 crosses the border to1 attempts to cross the border to1 or is at any time found in the ,united ,states1 shall be fined under title #ah1 ,united ,states ,code1 imprisoned for at least #aj years but not more than #bj years1 or both4 2 7#c7 in subsection 7d71 as redesignated-- 7,a7 by striking section #bdb7;h77#b7 and inserting section #bda7;a77#d72 and 7,b7 by striking ,attorney ,general and inserting ,secretary of ,homeland ,security2 and 7#d7 in subsection 7e71 as redesignated1 in the matter preceding paragraph 7#a71 by striking subsection 7a77#a7 or subsection 7b7 and inserting subsection 7b77#a7 or 7c74 ,,iii ,protect ,law ,enforcement ,a ,shielding ,heroes in ,enforcement from ,loud ,disruptions #cja4 ,short titles ,this subtitle may be cited as the ,shielding ,heroes ,in ,enforcement from ,loud ,disruptions ,act or the ,,shield ,act4 #cjb4 ,amendment 7a7 ,in general ,section #bca of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking or at the end2 7,b7 in paragraph 7#c71 by striking any ,federally protected function--1 and inserting any ,federally protected function2 or2 and 7,c7 by inserting after paragraph 7#c7 the following3 7#d7 ,whoever commits or attempts to commit any act to obstruct1 impede1 inhibit1 stymie1 hinder1 hamper1 or interfere with any person described in section #aaad of this title while that person is engaged in or on account of the performance of official duties or any ,federally protected function of that person-- 2 and 7#b7 by adding at the end the following3 7c7 ,for purposes of this section1 interfere with includes creating a loud noise that impedes1 inhibits1 stymies1 hinders1 or hampers the operations or audible communications of1 by using a device1 such as a whistle1 megaphone1 or sound amplification device4 4 7b7 ,rule of construction ,nothing in this subtitle1 or any amendment made by this subtitle1 shall be construed to prohibit the content or expressive aspects of any speech or expressive conduct4 7c7 ,severability ,if any provision of this subtitle1 an amendment made by this subtitle1 or the application of such a provision or amendment to any particular person or circumstance is held invalid1 the remaining provisions of this subtitle and amendments made by this subtitle1 and the application of such provisions and amendments to any other person or circumstance1 shall not be affected thereby4 ,b ,federal ,officer ,protection #caa4 ,short title ,this subtitle may be cited as the ,federal ,officer ,protection ,act4 #cab4 ,increased penalties and adjusted mandatory minimum sentences for assaulting federal officers ,section #aaa of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking not more than one year and inserting not more than #b years2 7#b7 in subsection 7a71 by striking not more than #h years and inserting not less than #b years and not more than #af years2 7#c7 in subsection 7b71 by striking not more than #bj years and inserting not less than #e years and not more than #dj years2 and 7#d7 by adding at the end the following3 7d7 ,mandatory minimum sentences ,notwithstanding any other provision of law1 a court shall impose a sentence of imprisonment not less than the minimum terms specified under subsections 7a7 and 7b71 and no term of imprisonment imposed under those subsections may be suspended1 probated1 or reduced below such minimum term4 4 #cac4 ,applicability ,the amendments made by this subtitle shall apply to offenses committed on or after the date of enactment of this ,act4 ,,iv ,defunding rogue nonprofits #dja4 ,short title ,this title may be cited as the ,no ,rogue ,nonprofits ,act4 #djb4 ,special rules for certain charitable organizations 7a7 ,in general ,section #eja of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7s7 ,additional requirement for charitable organizations ,notwithstanding subsections 7e7 and 7f71 for purposes of subsection 7c77#c7 and section #agj7;c77#b77;,b71 an organization shall not be treated as organized and operated for exclusively for charitable purposes if such organization promotes1 incites1 or provides material support for criminal violence4 4 7b7 ,rule of construction ,nothing in this section or the amendments made by this section shall be construed to prohibit or penalize lawful speech1 advocacy1 or assembly protected by the ,first ,amendment to the ,constitution of the ,united ,states1 nor to apply to the discussion of ideas absent promotion1 incitement1 or material support of criminal conduct4 7c7 ,effective date ,the amendment made by this section shall apply to taxable years beginning after the date of the enactment of this ,act4