[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3195 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3195
To make any city or county that has in effect any law or ordinance that
is in violation of Federal immigration law ineligible for any Federal
grant, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
May 13, 2021
Mr. Grothman (for himself, Mr. Weber of Texas, Mr. Allen, Mr. Johnson
of Ohio, Mr. Steube, Mrs. Lesko, Mr. Long, Mr. Joyce of Pennsylvania,
Mrs. Miller of Illinois, and Mr. Green of Tennessee) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committee on Oversight and Reform, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
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A BILL
To make any city or county that has in effect any law or ordinance that
is in violation of Federal immigration law ineligible for any Federal
grant, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ending Sanctuary Cities Act of
2021''.
SEC. 2. INELIGIBILITY FOR FEDERAL GRANTS OF CERTAIN JURISDICTIONS THAT
VIOLATE THE IMMIGRATION LAWS.
(a) Ineligible Jurisdictions.--A State or unit of local government
is an ineligible jurisdiction for purposes of this section if that
State or unit of local government--
(1) violates section 642 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373);
(2) otherwise restricts compliance with a detainer issued
by the Secretary of Homeland Security; or
(3) has any law or policy in effect that violates the
immigration laws.
(b) Annual Determination of Ineligible Jurisdictions.--Not later
than 1 year after the date of the enactment of this Act, and annually
thereafter, the Secretary of Homeland Security shall make a
determination as to whether each State or unit of local government is
an ineligible jurisdiction under subsection (a) and submit such
determinations to Congress.
(c) Prohibition on Federal Financial Assistance.--A State or unit
of local government that is determined to be an ineligible jurisdiction
may not receive any Federal financial assistance (as such term is
defined in section 7501(a)(5) of title 31, United States Code) for the
fiscal year following any fiscal year in which the Secretary of
Homeland Security determines that the State or unit of local government
is an ineligible jurisdiction under subsection (b).
SEC. 3. LIMITATION ON LIABILITY FOR COMPLIANCE WITH DETAINER.
A State or unit of local government, and any law enforcement
officer of such State or unit of local government, acting in compliance
with a detainer issued by the Secretary of Homeland Security, shall be
considered to be acting under color of Federal authority for purposes
of determining liability, and immunity from suit, in any civil action
brought by the alien under Federal or State law.
SEC. 4. WORKPLACE PROTECTIONS FOR LAW ENFORCEMENT.
Section 15(a) of the Fair Labor Standards Act (29 U.S.C. 215(a)) is
amended--
(1) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(2) by adding at the end the following:
``(6) in the case of a State or unit of local government,
to discharge or in any other manner discriminate against any
law enforcement officer of that State or unit of local
government because such law enforcement officer has taken any
action to comply with a detainer (as such term is defined in
section 5 of the Ending Sanctuary Cities Act of 2021) issued by
the Secretary of Homeland Security.''.
SEC. 5. DEFINITIONS.
In this Act:
(1) The term ``detainer'' means any order or request by the
Secretary of Homeland Security--
(A) to temporarily hold an alien in custody until
such alien may be taken into Federal custody;
(B) to transport an alien for transfer to Federal
custody; or
(C) to notify the Secretary prior to the release of
an alien from State or local custody.
(2) The term ``immigration laws'' has the meaning given
such term in section 101 of the Immigration and Nationality
Act.
(3) The term ``unit of local government'' has the meaning
given such term under section 901(a)(3) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)(3)).
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