Sec. 3. Civil action for harm by an alien that benefitted from a sanctuary policy

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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) for which an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) )) 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 the State or political subdivision failed to comply with— a request with respect to an alien that was 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); and a detainer for, or notify about the release of, the alien.

An action brought under this subsection may not be brought later than 10 years after the occurrence of the crime, or death of a person as a result of such crime, whichever occurs later. In any action or proceeding under this subsection the court shall allow a prevailing plaintiff a reasonable attorney’s fee as part of the costs, and include expert fees as part of the attorney’s fee. 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. The grants described in this paragraph are— 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) ); a grant for planning and administrative expenses under section 203(a) of such Act ( 42 U.S.C. 3143(a) ); a supplemental grant under section 205(b) of such Act ( 42 U.S.C. 3145(b) ); a grant for training, research, and technical assistance under section 207(a) of such Act ( 42 U.S.C. 3147(a) ); and 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.). 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.).

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Sec. 3

Civil action for harm by an alien that benefitted from a sanctuary policy

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