H.R.3003 – No Sanctuary for Criminals Act

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Week ending June 23, 2017

H.R.3003 – No Sanctuary for Criminals Act

Brief

The bill states its aim “To amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivision of States, in the enforcement of Federal immigration laws, and for other purposes.”

To that end, “Notwithstanding any other provision of Federal, State, or local law, no Federal, State, or local government entity, and no individual, may prohibit, or in any way restrict, a Federal, State, or local government entity, official, or other personnel from undertaking any of the following law enforcement activities as they relate to information regarding the citizenship or immigration status, lawful or unlawful, the inadmissibility or deportability, or the custody status, of any individual:”

“(1) Making inquiries to any individual in order to obtain such information regarding such individual or any other individuals.

“(2) Notifying the Federal Government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a State or political subdivision of a State.

“(3) Complying with requests for such information from Federal law enforcement entities, officials, or other personnel.”

Nothing in this bill shall require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense

A State, or a political subdivision of a State, that is found not to be in compliance with this bill shall not be eligible to receive any of the funds that would otherwise be allocated to the State or political subdivision under specific sections of the Immigration and Nationality Act, the ‘Cops on the Beat’ program, or the Edward Byrne Memorial Justice Assistance Grant Program, under the Omnibus Crime Control and Safe Streets Act of 1968, or any other grant administered by the Department of Justice or the Department of Homeland Security that is substantially related to law enforcement, terrorism, national security, immigration, or naturalization.

The Secretary, at the Secretary’s discretion, may decline to transfer an alien in the custody of the Department of Homeland Security to a State or political subdivision of a State found not to be in compliance with this bill regardless of whether the State or political subdivision of the State has issued a writ or warrant or if the State or a political subdivision of a State that is found not to be in compliance with this bill.

Any jurisdiction that is found not to be in compliance shall be ineligible to receive Federal financial assistance as provided above for a minimum period of 1 year, and shall only become eligible again after the Secretary of Homeland Security certifies that the jurisdiction has come into 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 this bill shall be reallocated to States or to political subdivisions of States that comply with both such subsections.

In the case of an individual who is arrested by any Federal, State, or local law enforcement official or other personnel for the alleged violation of any criminal or motor vehicle law, the Secretary may issue a detainer regarding the individual to any Federal, State, or local law enforcement entity, official, or other personnel if the Secretary has probable cause to believe that the individual is an inadmissible or deportable alien.

Probable cause is deemed to be established if—

“(A) the individual who is the subject of the detainer matches, pursuant to biometric confirmation or other Federal database records, the identity of an alien who the Secretary has reasonable grounds to believe to be inadmissible or deportable;

“(B) the individual who is the subject of the detainer is the subject of ongoing removal proceedings, including matters where a charging document has already been served;

“(C) the individual who is the subject of the detainer has previously been ordered removed from the United States and such an order is administratively final;

“(D) the individual who is the subject of the detainer has made voluntary statements or provided reliable evidence that indicate that they are an inadmissible or deportable alien; or

“(E) the Secretary otherwise has reasonable grounds to believe that the individual who is the subject of the detainer is an inadmissible or deportable alien.

Any individual, or a spouse, parent, or child of that individual (if the individual is deceased), who is the victim of a murder, rape, or any felony, for which an alien has been convicted and sentenced to a term of imprisonment of at least one year, may bring an action against a State or political subdivision of a State in the appropriate Federal or State court if the State or political subdivision released the alien from custody prior to the commission of such crime as a consequence of the State or political subdivision’s declining to honor a detainer issued.

An action brought under this subsection may not be brought later than ten years following the occurrence of the crime, or death of a person as a result of such crime, whichever occurs later.

Notwithstanding any other provision of this bill, an alien may be detained, and shall be detained, under this bill without time limitation, during the pendency of removal proceedings.

 

(Full text of H.R. 3003 at congress.gov)

SponsorRep. Goodlatte, Bob [R-VA-6] (Introduced 06/22/2017)

Status: Passed House /

VOTES and FLOOR ACTION

HOUSE

On Passage: On passage Passed by the Yeas and Nays: 228 – 195 (Roll no. 342)

House Amendments:

Motion to recommit: On motion to recommit with instructions Failed by the Yeas and Nays: 181 – 230 (Roll no. 341)

Text of the motion:

The House proceeded with 10 minutes of debate on the Lofgren motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment adding a new section at the end of the bill pertaining to Protecting Victims of Trafficking.

SENATE

On Passage:

Procedural Actions:

Senate Amendments:

COST AND IMPACT

Cost to the taxpayers:  Data not available

Pay-as-you-go requirements:  Data not available

Regulatory and Other Impact: Data not available

Dynamic Scoring:   Data not available

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.

 

More Bill Information:

 

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