Struck = only in S 185 ·
added = only in HB 5559.
[Congressional*LRB10120520LNS70123b* BillsHB5559 119th101ST Congress]GENERAL [FromASSEMBLY theState U.S.of Illinois and 2020 HB5559 by Rep.
GovernmentAllen PublishingSkillicorn Office]SYNOPSIS [S.AS INTRODUCED:
185New IntroducedAct inCreates Senatethe (IS)]Justice <DOC>for 119thVictims CONGRESSof 1stSanctuary SessionCities S.Act.
185Provides Tothat provideany individual, or, if the individual is deceased or permanently incapacitated, a spouse, parent, or child of the individual, who is the victim of a murder, rape, or any felony in the State, for which an alien who benefited from a sanctuary policy has been arrested, convicted, or sentenced to a term of imprisonment of at least one year, may bring a sanctuary-related civil remedyaction for individualscompensatory harmeddamages byagainst a sanctuary jurisdiction policies,in andthe forappropriate othercourt purposes.if the sanctuary jurisdiction failed to comply with:
_______________________________________________________________________(1) INa THErequest SENATEwith OFrespect THEto UNITEDthe STATESalien Januarythat 22,was 2025lawfully Mr.made by the Department of Homeland Security;
Tillisand (for(2) himself,a Mr.detainer for or notify about the release of the alien.
Graham,Provides Mrs.that such a sanctuary-related civil action may not be brought later than 10 years after the occurrence of the crime or the death of a person as a result of the crime, whichever occurs later.
Britt,Provides Mr.for the cooperation between federal and local law enforcement.
Cruz,Provides Mr.that nothing may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual.
Lankford,LRB101 Mr.20520 LNS 70123 b A BILL FOR HB5559 LRB101 20520 LNS 70123 b AN ACT concerning civil law.
Cassidy,Be Mr.it enacted by the People of the State of Illinois, represented in the General Assembly:
Cramer,Section Mr.1.
Marshall,Short Mr.title.
Sheehy,This Mr.Act may be cited as the Justice for Victims of Sanctuary Cities Act.
Rounds,Section and5. Mr.
Budd)Definitions. introduced the following bill;
whichAs wasused readin twicethis andAct: referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes.
Be"Alien" ithas enacted by the Senatemeaning andprovided Houseunder of8 RepresentativesU.S.C. of the United States of America in Congress assembled, SECTION 1.
SHORT1101(a)(3). TITLE.
This"Sanctuary Actjurisdiction" maymeans beany citedunit asof thelocal ``Justicegovernment foror VictimsState ofagency Sanctuarythat Citieshas Actin ofeffect 2025''.a statute, ordinance, policy, or practice that prohibits or restricts any government entity or official from:
SEC.(1) sending, receiving, maintaining, or exchanging with any federal, State, or local governmental entity information regarding the citizenship or immigration status of any alien;
2.or (2) complying with a request lawfully made by the Department of Homeland Security under 8 U.S.C.
DEFINITIONS.1226 and 1357 to comply with a detainer for or notify about the release of an alien.
In"Sanctuary thisjurisdiction" Act:does not include a unit of local government or State agency where the only basis for declaring it a sanctuary jurisdiction is that it has a policy whereby its officials will not share information regarding, or comply with HB5559 - 2 - LRB101 20520 LNS 70123 b a request made by the Department of Homeland Security under 8 U.S.C.
(1)1226 Alien.--Theand term1357, ``alien''to hascomply thewith meaninga givendetainer suchregarding terman inalien sectionwho 101(a)(3)comes offorward theas Immigrationa andvictim Nationalityor Acta (8witness U.S.C.to a criminal offense.
1101(a)(3))."Sanctuary policy" means a statute, ordinance, policy, or practice of a sanctuary city.
(2)"Sanctuary-related Sanctuarycivil jurisdiction.--action" (A) In general.--Except as provided in subparagraph (B), the term ``sanctuary jurisdiction'' means any State or political subdivision of a Statecivil thataction hasbrought inagainst effect a statute,sanctuary ordinance,jurisdiction policy,by oran practiceindividual, that prohibits or restrictsthe anyestate governmentof entity or officiala from--survivor (i) sending, receiving, maintaining, or exchangingheir withof any Federal, State, or local government entity information regarding the citizenshipindividual, orwho: immigration status of any alien;
or(1) (ii)is complyinginjured withor aharmed request lawfully made by thean Departmentalien ofwho Homelandbenefited Securityfrom undera sectionsanctuary 236policy or 287 of the Immigrationsanctuary andjurisdiction; Nationality Act (8 U.S.C.
1226 and 1357)(2) towould complynot withhave abeen detainerso for,injured or notifyharmed aboutbut for the releasealien of,receiving anthe alien.benefit of the sanctuary policy.
(B)Section Exception.--A10. 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.
1226Sanctuary-related andcivil 1357)action. to comply with a detainer regarding, an alien who comes forward as a victim or a witness to a criminal offense.
(3)(a) SanctuaryAny policy.--Theindividual, termor, ``sanctuaryif policy''the meansindividual is deceased or permanently incapacitated, a statute,spouse, ordinance,parent, policy,or child of the individual, who is the victim of a murder, rape, or practiceany referredfelony in this State, for which an alien who benefited from a sanctuary policy has been arrested, convicted, or sentenced to a term of imprisonment of at least one year, may bring a sanctuary-related civil action for compensatory damages against a sanctuary jurisdiction in paragraphthe (2)(A).appropriate court if the sanctuary jurisdiction failed to comply with:
(4)(1) Sanctuary-relateda civilrequest action.--Thewith termrespect ``sanctuary-to relatedthe civilalien action''that meanswas alawfully civilmade action brought against a sanctuary jurisdiction by an individual (or the estate,Department survivors, or heirs of suchHomeland individual)Security who--under (A)HB5559 is- injured3 or- harmedLRB101 by20520 anLNS alien70123 whob benefitted8 fromU.S.C. a sanctuary policy of such sanctuary jurisdiction;
1226 and (B)1357; would not have been so injured or harmed if such alien had not been so benefitted.
SEC.and (2) a detainer for or notify about the release of the alien.
3.(b) An action brought under this Section may not be brought later than 10 years after the occurrence of the crime or the death of a person as a result of the crime, whichever occurs later.
CIVIL(c) ACTIONIn FORan HARMaction BYor ANproceeding ALIENunder THATthis BENEFITTEDSection, FROMthe Acourt SANCTUARYshall POLICY.award reasonable attorney's fees and costs, including expert fees, to the prevailing plaintiff.
(a)Section Private15. 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.
1226Cooperation between federal and 1357);local law enforcement.
and(a) (B)(i)A tosanctuary complyjurisdiction, or an officer, employee, or agent of a sanctuary jurisdiction, that complies with a detainer forissued suchby alien;the Department of Homeland Security under 8 U.S.C.
or1226 (ii)and to1357, notifyshall: the Department about the release of such alien.
(2) Statute of limitations.--An action described in paragraph (1) may not be broughtdeemed laterto thanbe 10acting yearsas afteran theagent laterof of-- (A) the occurrenceDepartment of theHomeland crimeSecurity; referred to in paragraph (1);
orand (B)(2) thecomply deathwith of8 aU.S.C. person that resulted from such crime.
(3)1357(d) Attorney's fee and other8 costs.--InCFR any287.5(d). 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) WaiverNothing of Immunity.-- (1) In general.--Any State or political subdivision of a State that accepts a grant described in paragraphthis (2)Section frommay thebe Federalconstrued Governmentto shallprovide agree,immunity as a condition of receiving such grant, to waive any immunityperson ofwho suchknowingly Stateviolates orthe politicalcivil subdivisionor relatingconstitutional torights aof sanctuary-relatedan civilindividual. 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 (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 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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