Sec. 308. Stop Dangerous Sanctuary Cities Act

1,160 words·~5 min read·/bill/115/s/1757/pcs/section-308

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

This section may be cited as the . Stop Dangerous Sanctuary Cities Act 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 under sections 236, 241, or section 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 , 1231, or 1357)— shall be deemed to be acting as an agent of the Department; and with regard to actions taken to comply with the detainer, shall have all authority available to officers and employees of the Department.

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, which challenges the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 , 1357)— no liability for false arrest or imprisonment shall lie against the State or political subdivision of a State for actions taken in compliance with the detainer, which includes maintaining custody of the alien in accordance with the instructions on the detainer form and notifying the Department prior to the alien’s release from custody; and if the actions of the officer, employee, or agent of the State or political subdivision were taken in compliance with the detainer— the officer, employee, or agent shall be deemed— to be an employee of the Federal Government and an investigative or law enforcement officer; and to have been acting within the scope of his or her employment under section 1346(b) and chapter 171 of title 28, United States Code; section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and the United States shall be substituted as defendant in the proceeding.

Except as provided under subsection (2), for purposes of this section, 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— sending, receiving, maintaining, or exchanging with any Federal, State, or local government entity information regarding the citizenship or immigration status (lawful or unlawful) of any individual; or complying with a request lawfully made by the Department under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 , 1357) to comply with a detainer for, or notify about the release of, an individual.

A State or political subdivision of a State shall not be deemed a sanctuary jurisdiction based solely on its having a policy whereby its officials will not share information regarding, or comply with a request made by the Department under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 , 1357) to comply with a detainer regarding, an individual who comes forward as a victim or a witness to a criminal offense. Section 201(b) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3141(b) ) is amended— in paragraph (2), by striking and at the end; in paragraph (3), by striking the period at the end and inserting ; and ; and by adding at the end the following: the area in which the project is to be carried out is not a sanctuary jurisdiction (as defined in subsection

(c)of the Stop Dangerous Sanctuary Cities Act). . Section 203(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3143(a) ) is amended by adding at the end the following: A sanctuary jurisdiction (as defined in subsection

(c)of the Stop Dangerous Sanctuary Cities Act) may not be deemed an eligible recipient under this subsection. . Section 205(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3145(a) ) is amended— in paragraph (2), by striking and at the end; in paragraph (3)(B), by striking the period at the end and inserting ; and ; and by adding at the end the following: will be carried out in an area that does not contain a sanctuary jurisdiction (as defined in subsection

(c)of the Stop Dangerous Sanctuary Cities Act). . Section 207 of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3147 ) is amended by adding at the end the following: Grant funds under this section may not be used to provide assistance to a sanctuary jurisdiction (as defined in subsection

(c)of the Stop Dangerous Sanctuary Cities Act). . Section 102(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302(a) ) is amended by adding at the end the following: The term sanctuary jurisdiction has the meaning given that term in subsection

(c)of the Stop Dangerous Sanctuary Cities Act. . Section 104(b) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304(b) ) is amended— in paragraph (5), by striking and at the end; by redesignating paragraph

(6)as paragraph (7); and by inserting after paragraph

(5)the following: the grantee is not a sanctuary jurisdiction and will not become a sanctuary jurisdiction during the period for which the grantee receives a grant under this title; and . Section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ) is amended by adding at the end the following: No funds authorized to be appropriated to carry out this title may be obligated or expended for any State or unit of general local government that is a sanctuary jurisdiction. If a State is a sanctuary jurisdiction during the period for which it receives amounts under this title, the Secretary— shall direct the State to immediately return to the Secretary any such amounts that the State received for that period; and shall reallocate amounts returned under clause

(i)for grants under this title to other States that are not sanctuary jurisdictions. If a unit of general local government is a sanctuary jurisdiction during the period for which it receives amounts under this title, any such amounts that the unit of general local government received for that period— in the case of a unit of general local government that is not in a nonentitlement area, shall be returned to the Secretary for grants under this title to States and other units of general local government that are not sanctuary jurisdictions; and in the case of a unit of general local government that is in a nonentitlement area, shall be returned to the Governor of the State for grants under this title to other units of general local government in the State that are not sanctuary jurisdictions. In reallocating amounts under subparagraphs

(A)and (B), the Secretary— shall apply the relevant allocation formula under subsection (b), with all sanctuary jurisdictions excluded; and shall not be subject to the rules for reallocation under subsection (c). .

Connectionstraces to 7

Traces to 7 documents

U.S. Code

Citation graph

cites case law

Sec. 308

Stop Dangerous Sanctuary Cities Act

Cites 7Cited by 0 across 0 sources