Sec. 114. State violations of enforcement of immigration laws
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/bill/114/s/1640/is/section-114A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ) is amended— by striking Immigration and Naturalization Service each place it appears and inserting Department of Homeland Security ; in subsection (a), by striking may and inserting shall ; in subsection (b)— by striking no person or agency may and inserting a person or agency shall not ; by striking doing any of the following with respect to information and inserting undertaking any of the following law enforcement activities ; and by striking paragraphs
(1)through
(3)and inserting the following: Notifying the Federal Government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a State or political subdivision of a State. Complying with requests for information from Federal law enforcement. Issuing policies in the form of a resolutions, ordinances, administrative actions, general or special orders, or departmental policies that violate Federal law or restrict a State or political subdivision of a State from complying with Federal law or coordinating with Federal law enforcement. ; and by adding at the end the following: A State, or a political subdivision of a State, that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision of the State, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers’ routine law enforcement duties shall not be eligible to receive— any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) or the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. ); or any other law enforcement or Department of Homeland Security grant. The Secretary shall determine annually which State or political subdivision of a State are not in compliance with this section and shall report such determinations to Congress on March 1 of each year. The Attorney General shall issue a report concerning the compliance of any particular State or political subdivision at the request of the House or Senate Judiciary Committee. Any jurisdiction that is found to be out of compliance shall be ineligible to receive Federal financial assistance as provided in paragraph
(1)for a minimum period of 1 year, and shall only become eligible again after the Attorney General certifies that the jurisdiction is in compliance. Any funds that are not allocated to a State or to a political subdivision of a State, due to the failure of the State, or of the political subdivision of the State, to comply with subsection
(c)shall be reallocated to States, or to political subdivisions of States, that comply with such subsection. 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. . 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 take effect beginning one year after the date of the enactment of this Act.
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