S.Amdt.1948. Stop Dangerous Sanctuary Cities Act

United States Senate
Last action 7 months ago
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Summary

                    To ensure that State and local law enforcement may cooperate with Federal officials to protect our communities from violent criminals and suspected terrorists who are illegally present in the United States.

STOP DANGEROUS SANCTUARY CITIES ACT.

       (a) Short Title.--This section may be cited as the ``Stop       Dangerous Sanctuary Cities Act''.

       (b) Ensuring That Local and Federal Law Enforcement       Officers May Cooperate to Safeguard Our Communities.--        (1) 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 under section 236 or 287 of the Immigration       and Nationality Act (8 U.S.C. 1226 and 1357)--        (A) shall be deemed to be acting as an agent of the       Department of Homeland Security; and        (B) with regard to actions taken to comply with the       detainer, shall have all authority available to officers and       employees of the Department of Homeland Security.
                
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                           (2) Legal proceedings.--In any legal proceeding brought       against a State, a political subdivision of a 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 of Homeland Security under section 236 or 287       of the Immigration and Nationality Act (8 U.S.C. 1226 and       1357)--        (A) no liability shall lie against the State or political       subdivision of a State for actions taken in compliance with       the detainer; and        (B) if the actions of the officer, employee, or agent of       the State or political subdivision were taken in compliance       with the detainer--        (i) 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) and chapter 171 of title 28,       United States Code;

       (ii) section 1346(b) of title 28, United States Code, shall       provide the exclusive remedy for the plaintiff; and        (iii) the United States shall be substituted as defendant       in the proceeding.

       (3) Rule of construction.--Nothing in this subsection may       be construed to provide immunity to any person who knowingly       violates the civil or constitutional rights of an individual.

       (c) Sanctuary Jurisdiction Defined.--        (1) In general.--Except as provided under paragraph (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--        (A) 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        (B) 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 individual.

       (2) Exception.--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 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 individual who comes       forward as a victim or a witness to a criminal offense.

       (d) Sanctuary Jurisdictions Ineligible for Certain Federal       Funds.--        (1) Economic development administration grants.--        (A) Grants for public works and economic development.--      Section 201(b) of the Public Works and Economic Development       Act of 1965 (42 U.S.C. 3141(b)) is amended--        (i) in paragraph (2), by striking ``and'' at the end;        (ii) in paragraph (3)(B), by striking the period at the end       and inserting ``; and''; and        (iii) by adding at the end the following:

       ``(4) 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).''.

       (B) Grants for planning and administration.--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.''.

       (C) Supplementary grants.--Section 205(a) of the Public       Works and Economic Development Act of 1965 (42 U.S.C.       3145(a)) is amended--        (i) in paragraph (2), by striking ``and'' at the end;        (ii) in paragraph (3)(B), by striking the period at the end       and inserting ``; and''; and        (iii) by adding at the end the following:

       ``(4) 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).''.

       (D) Grants for training, research, and technical       assistance.--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:

       ``(c) Ineligibility of Sanctuary Jurisdictions.--Grants       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).''.

       (2) Community development block grants.--Title I of the       Housing and Community Development Act of 1974 (42 U.S.C. 5301       et seq.) is amended--        (A) in section 102(a) (42 U.S.C. 5302(a)), by adding at the       end the following:

       ``(25) The term `sanctuary jurisdiction' has the meaning       provided in subsection (c) of the Stop Dangerous Sanctuary       Cities Act.''.

       (B) in section 104 (42 U.S.C. 5304)--        (i) in subsection (b)--

       (I) in paragraph (5), by striking ``and'' at the end;        (II) by redesignating paragraph (6) as paragraph (7); and        (III) by inserting after paragraph (5) the following:

       ``(6) 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''.

       (ii) by adding at the end the following:

       ``(n) Protection of Individuals Against Crime.--        ``(1) In general.--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.

       ``(2) Returned amounts.--        ``(A) State.--If a State is a sanctuary jurisdiction during       the period for which it receives amounts under this title,       the Secretary--        ``(i) shall direct the State to immediately return to the       Secretary any such amounts that the State received for that       period; and        ``(ii) shall reallocate amounts returned under clause (i)       for grants under this title to other States that are not       sanctuary jurisdictions.

       ``(B) Unit of general local government.--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--        ``(i) 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        ``(ii) 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.

       ``(C) Reallocation rules.--In reallocating amounts under       subparagraphs (A) and (B), the Secretary shall--        ``(i) apply the relevant allocation formula under       subsection (b), with all sanctuary jurisdictions excluded;       and        ``(ii) shall not be subject to the rules for reallocation       under subsection (c).''.

       (3) Effective date.--This subsection and the amendments       made by this subsection shall take effect on October 1, 2018.
                

In an effort to be an unbiased source of information, all text in this summary comes directly from government resources.

Actions

  • Cloture on amendment SA 1948 not invoked in Senate by Yea-Nay Vote. 54 - 45. Record Vote Number: 34.

    Thu, Feb 15th 2018
  • Considered by Senate.

    Thu, Feb 15th 2018
  • Amendment SA 1948 proposed by Senator McConnell for Senator Toomey to Amendment SA 1959. (consideration: CR S930-931; text: CR S931) To ensure that State and local law enforcement may cooperate with Federal officials to protect our communities from violent criminals and suspected terrorists who are illegally present in the United States

    Wed, Feb 14th 2018
  • Cloture motion on amendment SA 1948 presented in Senate. (CR S965)

    Wed, Feb 14th 2018