[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 611 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 611
To provide a civil remedy for individuals harmed by sanctuary
jurisdiction policies, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 22, 2025
Mr. Edwards introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on
Transportation and Infrastructure, and Financial Services, 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
_______________________________________________________________________
A BILL
To provide a civil remedy for individuals harmed by sanctuary
jurisdiction policies, 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 ``Justice for Victims of Sanctuary
Cities Act of 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alien.--The term ``alien'' has the meaning given such
term in section 101(a)(3) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(3)).
(2) Sanctuary jurisdiction.--
(A) In general.--Except as provided in subparagraph
(B), the term ``sanctuary jurisdiction'' means any
State or political subdivision of a State that has in
effect a statute, ordinance, policy, or practice that
prohibits or restricts any government entity or
official from--
(i) sending, receiving, maintaining, or
exchanging with any Federal, State, or local
government entity information regarding the
citizenship or immigration status of any alien;
or
(ii) complying with a request lawfully made
by the Department of Homeland Security under
section 236 or 287 of the Immigration and
Nationality Act (8 U.S.C. 1226 and 1357) to
comply with a detainer for, or notify about the
release of, an alien.
(B) Exception.--A State or political subdivision of
a State shall not be deemed a sanctuary jurisdiction
based solely on having a policy whereby its officials
will not share information regarding, or comply with a
request made by the Department of Homeland Security
under section 236 or 287 of the Immigration and
Nationality Act (8 U.S.C. 1226 and 1357) to comply with
a detainer regarding, an alien who comes forward as a
victim or a witness to a criminal offense.
(3) Sanctuary policy.--The term ``sanctuary policy'' means
a statute, ordinance, policy, or practice referred to in
paragraph (2)(A).
(4) Sanctuary-related civil action.--The term ``sanctuary-
related civil action'' means a civil action brought against a
sanctuary jurisdiction by an individual (or the estate,
survivors, or heirs of such individual) who--
(A) is injured or harmed by an alien who benefitted
from a sanctuary policy of such sanctuary jurisdiction;
and
(B) would not have been so injured or harmed if
such alien had not been so benefitted.
SEC. 3. CIVIL ACTION FOR HARM BY AN ALIEN THAT BENEFITTED FROM A
SANCTUARY POLICY.
(a) Private Right of Action.--
(1) Cause of action.--Any individual, or a spouse, parent,
or child of such individual (if the individual is deceased or
permanently incapacitated), who is the victim of a murder,
rape, or any felony (as defined by the State in which the crime
occurred) for which an alien has been arrested, convicted, or
sentenced to a term of imprisonment of at least 1 year, may
bring an action for compensatory damages against a State or a
political subdivision of a State, in the appropriate Federal or
State court, if such State or political subdivision failed--
(A) to comply with a request with respect to an
alien that was lawfully made by the Department of
Homeland Security pursuant to section 236 or 287 of the
Immigration and Nationality Act (8 U.S.C. 1226 and
1357); and
(B)(i) to comply with a detainer for such alien; or
(ii) to notify the Department about the release of
such alien.
(2) Statute of limitations.--An action described in
paragraph (1) may not be brought later than 10 years after the
later of--
(A) the occurrence of the crime referred to in
paragraph (1); or
(B) the death of a person that resulted from such
crime.
(3) Attorney's fee and other costs.--In any action or
proceeding under paragraph (1), the court shall allow a
prevailing plaintiff to recover a reasonable attorney's fee as
part of the costs of the litigation, which shall include any
applicable expert fees.
(b) Waiver of Immunity.--
(1) In general.--Any State or political subdivision of a
State that accepts a grant described in paragraph (2) from the
Federal Government shall agree, as a condition of receiving
such grant, to waive any immunity of such State or political
subdivision relating to a sanctuary-related civil action.
(2) Grants described.--The grants described in this
paragraph are--
(A) a grant for public works and economic
development under section 201(a) of the Public Works
and Economic Development Act of 1965 (42 U.S.C.
3141(a));
(B) a grant for planning and administrative
expenses under section 203(a) of such Act (42 U.S.C.
3143(a));
(C) a supplemental grant under section 205(b) of
such Act (42 U.S.C. 3145(b));
(D) a grant for training, research, and technical
assistance under section 207(a) of such Act (42 U.S.C.
3147(a)); and
(E) except as provided in paragraph (3), a
community development block grant made pursuant to
title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.).
(3) Exception.--Grants described in paragraph (2)(E) shall
not include any disaster relief grants to address the damage in
an area for which the President has declared a disaster under
title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.).
SEC. 4. ENSURING COOPERATION BETWEEN FEDERAL AND LOCAL LAW ENFORCEMENT
OFFICERS TO SAFEGUARD OUR COMMUNITIES.
(a) Authority To Cooperate With Federal Officials.--A State, a
political subdivision of a State, or an officer, employee, or agent of
such State or political subdivision that complies with a detainer
issued by the Department of Homeland Security pursuant to section 236
or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and
1357)--
(1) shall be deemed to be acting as an agent of the
Department of Homeland Security; and
(2) shall comply with section 287(d) of the Immigration and
Nationality Act (8 U.S.C. 1357(d)) and section 287.5(d) of
title 8, Code of Federal Regulations.
(b) Legal Proceedings.--In any legal proceeding brought against a
State, a political subdivision of State, or an officer, employee, or
agent of such State or political subdivision challenging the legality
of the seizure or detention of an individual pursuant to a detainer
issued by the Department of Homeland Security under section 236 or 287
of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)--
(1) the State or political subdivision of a State shall not
be liable for any action taken in accordance with the detainer;
and
(2) if the actions of the officer, employee, or agent of
the State or political subdivision were taken in accordance
with the detainer--
(A) the officer, employee, or agent shall be
deemed--
(i) to be an employee of the Federal
Government and an investigative or law
enforcement officer; and
(ii) to have been acting within the scope
of his or her employment under section 1346(b)
of title 28, United States Code, and chapter
171 of such title;
(B) section 1346(b) of title 28, United States
Code, shall provide the exclusive remedy for the
plaintiff; and
(C) the United States shall be substituted as the
defendant in such proceeding.
(c) Rule of Construction.--Nothing in this section may be construed
to provide immunity to any person who knowingly violates the civil or
constitutional rights of an individual.
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