[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4684 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4684
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to expand the prohibition on State noncompliance with
enforcement of the immigration laws.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 17, 2023
Mr. Kiley (for himself and Mr. McClintock) introduced the following
bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to expand the prohibition on State noncompliance with
enforcement of the immigration laws.
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 ``No Sanctuary for Criminals Act of
2023''.
SEC. 2. PURPOSE.
Given the continuing escalation of drug overdose deaths across the
U.S., a large portion of which is attributed to the most deadly opioid,
fentanyl or fentanyl analogues, it is the will of Congress that law
enforcement and other supportive services for aliens in sanctuary
cities be required to fully cooperate with the Departments of Justice
and Homeland Security to stem the flow of illegal drugs flowing into
our States and cities.
SEC. 3. STATE NONCOMPLIANCE WITH ENFORCEMENT OF IMMIGRATION LAW.
(a) In General.--Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--Notwithstanding any other provision of Federal,
State, or local law, no Federal, State, or local government entity, and
no individual, may prohibit or in any way restrict, a Federal, State,
or local government entity, official, or other personnel from complying
with the immigration laws (as defined in section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or from
assisting or cooperating with Federal law enforcement entities,
officials, or other personnel regarding the enforcement of these
laws.'';
(2) by striking subsection (b) and inserting the following:
``(b) Law Enforcement Activities.--Notwithstanding any other
provision of Federal, State, or local law, no Federal, State, or local
government entity, and no individual, may prohibit, or in any way
restrict, a Federal, State, or local government entity, official, or
other personnel from undertaking any of the following law enforcement
activities as they relate to information regarding the citizenship or
immigration status, lawful or unlawful, the inadmissibility or
deportability, or the custody status, of any individual:
``(1) Making inquiries to any individual in order to obtain
such information regarding such individual or any other
individuals.
``(2) 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 State.
``(3) Complying with requests for such information from
Federal law enforcement entities, officials, or other
personnel.'';
(3) in subsection (c), by striking ``Immigration and
Naturalization Service'' and inserting ``Department of Homeland
Security''; and
(4) by adding at the end the following:
``(d) Compliance.--
``(1) Transfer of custody of aliens pending removal
proceedings.--The Secretary, at the Secretary's discretion, 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 (a) or (b),
regardless of whether the State or political subdivision of the
State has issued a writ or warrant.
``(2) Transfer of custody of certain aliens prohibited.--
The Secretary shall not transfer an alien with a final order of
removal pursuant to paragraph (1)(A) or (5) of section 241(a)
of the Immigration and Nationality Act (8 U.S.C. 1231(a)) to a
State or a political subdivision of a State that is found not
to be in compliance with subsection (a) or (b).
``(3) Annual determination.--The Secretary shall determine
for each calendar year which States or political subdivision of
States are not in compliance with subsection (a) or (b) and
shall report such determinations to Congress by March 1 of each
succeeding calendar year.
``(4) Reports.--The Secretary of Homeland Security shall
issue a report concerning the compliance with subsections (a)
and (b) of any particular State or political subdivision of a
State at the request of the House or the Senate Judiciary
Committee.
``(e) Construction.--Nothing in this section shall require law
enforcement officials from States, or from political subdivisions of
States, to report or arrest victims or witnesses of a criminal
offense.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act, except that subsection
(d) of section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section,
shall apply only to prohibited acts committed on or after the date of
the enactment of this Act.
SEC. 4. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Section 287(d) of the Immigration and Nationality
Act (8 U.S.C. 1357(d)) is amended to read as follows:
``(d) Detainer of Inadmissible or Deportable Aliens.--
``(1) In general.--In the case of an individual who is
arrested by any Federal, State, or local law enforcement
official or other personnel for the alleged violation of any
criminal or motor vehicle law, the Secretary may issue a
detainer regarding the individual to any Federal, State, or
local law enforcement entity, official, or other personnel if
the Secretary has probable cause to believe that the individual
is an inadmissible or deportable alien.
``(2) Probable cause.--Probable cause is deemed to be
established if--
``(A) the individual who is the subject of the
detainer matches, pursuant to biometric confirmation or
other Federal database records, the identity of an
alien who the Secretary has reasonable grounds to
believe to be inadmissible or deportable;
``(B) the individual who is the subject of the
detainer is the subject of ongoing removal proceedings,
including matters where a charging document has already
been served;
``(C) the individual who is the subject of the
detainer has previously been ordered removed from the
United States and such an order is administratively
final;
``(D) 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 alien; or
``(E) the Secretary otherwise has reasonable
grounds to believe that the individual who is the
subject of the detainer is an inadmissible or
deportable alien.
``(3) Transfer of custody.--If the Federal, State, or local
law enforcement entity, official, 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 detainer, the
Department may take custody of the individual within 48 hours
(excluding weekends and holidays), but in no instance more than
96 hours, following the date that the individual is otherwise
to be released from the custody of the relevant Federal, State,
or local law enforcement entity.''.
(b) Immunity.--
(1) In general.--A State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), and a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, 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 Security, 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
punitive, compensatory, or other monetary damages.
(2) 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 (and the officials and personnel of the State or
subdivision acting in their official capacities), or a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, 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 detainer.
(3) Bad faith exception.--Paragraphs (1) and (2) shall not
apply to any mistreatment of an individual by a State or a
political subdivision of a State (and the officials and
personnel of the State or subdivision acting in their official
capacities), or a nongovernmental entity (and its personnel)
contracted by the State or political subdivision for the
purpose of providing detention.
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