119-hr1680

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1680 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1680

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
 Act of 1996 to expand the prohibition on State noncompliance with 
 enforcement of the immigration laws, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 27, 2025

 Mr. Evans of Colorado (for himself, Mr. Crank, Ms. Boebert, and Mr. 
Hurd of Colorado) introduced the following bill; which was referred to 
 the Committee on the Judiciary

_______________________________________________________________________

 A BILL

 To amend the Illegal Immigration Reform and Immigrant Responsibility 
 Act of 1996 to expand the prohibition on State noncompliance with 
 enforcement of the immigration laws, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Unhandcuffing Police to Locate and 
Interdict Foreign Transgressors Act'' or the ``UPLIFT Act''.

SEC. 2. PURPOSE.

 Given recent infiltration of American communities by transnational 
criminal organizations such as Tren de Aragua, the Sinaloa Cartel, and 
MS-13 and the accompanying rise in crime that continue to impact 
American neighborhoods, the purposes of this act is to require law 
enforcement and other public servants in sanctuary jurisdictions to 
fully cooperate with the Departments of Justice and Homeland Security 
to protect American citizens and mitigate the flow of opioids, 
fentanyl, and other illicit drugs.

SEC. 3. NONCOMPLIANCE WITH ENFORCEMENT OF IMMIGRATION LAW IN SANCTUARY 
 JURISDICTIONS.

    (a) In General.--

Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--

    (1) by amending subsection

    (a) to read as follows:
 ``

    (a) In General.--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 complying 
with the immigration laws and policies of the United States or from 
assisting or cooperating with Federal law enforcement entities, 
officials, or other personnel regarding the enforcement of the 
immigration laws.'';

    (2) by amending subsection

    (b) to read as follows:
 ``

    (b) Law Enforcement Activities.--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 with respect 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 reasonably suspected of being involved in a crime.
 ``

    (2) Notifying the Federal Government regarding the 
 presence of individuals reasonably suspected of being involved 
 in a crime 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.'';

    (3) in subsection
            (c) , by striking ``Immigration and 
 Naturalization Service'' and inserting ``Department of Homeland 
 Security'';

    (4) by adding at the end the following:
 ``
            (d) Government Involvement in Immigration Detention.--Not 
withstanding any other provision of Federal, State, or local law, no 
Federal, State, or local government entity, and no individual, may in 
any way restrict a Federal, State, or local government entity, 
official, or other personnel from--
 ``

    (1) entering into an agreement for the detention of 
 individuals in an immigration detention facility that is owned, 
 managed, or operated by a private entity;
 ``

    (2) selling any government-owned property for the purpose 
 of establishing an immigration detention facility that is or 
 will be owned, managed, or operated by a private entity;
 ``

    (3) paying any costs related to the sale, purchase, 
 construction, development, ownership, management, or operation 
 of an immigration detention facility that is or will be owned, 
 managed, or operated by a private entity; or
 ``

    (4) receiving any payment related to the detention of 
 individuals in an immigration detention facility that is owned, 
 managed, or operated by a private entity.
 ``

    (e) Standing for Local Jurisdictions To Seek Injunctive Relief.--
Any local government entity alleging a violation of subsection

    (a) ,

    (b) , or
            (d) by the State in which the entity is located that harms such 
entity or its residents shall have standing to bring an action against 
the respective State on behalf of such entity or the residents of such 
entity in an appropriate district court of the United States to obtain 
appropriate injunctive relief. The court shall advance on the docket 
and expedite the disposition of a civil action filed under this 
subsection to the greatest extent practicable. For purposes of this 
subsection, local government entity or its residents shall be 
considered to have been harmed if the entity or any of its residents 
experience harm, including financial harm in excess of $100.
 ``

    (f) Compliance.--
 ``

    (1) Annual determination.--The Secretary of Homeland 
 Security shall determine, for each calendar year, which States 
 or local government entities are not in compliance with 
 subsection

    (a) or

    (b) or
            (d) and shall report such 
 determinations to Congress by March 1 of each succeeding 
 calendar year.
 ``

    (2) Reports.--The Secretary shall issue a report 
 concerning the compliance with subsections

    (a) and

    (b) of any 
 particular State or local government entity at the request of 
 the Committee on the Judiciary of the House of Representatives 
 or the Committee on the Judiciary of the Senate.
 ``

    (g) Construction.--Nothing in this section shall require law 
enforcement officials from States, or from local government entities, 
to report or arrest victims of or witnesses to a criminal offense.''.

SEC. 4. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    (a) In General.--

Section 287
            (d) of the Immigration and Nationality 
Act (8 U.S.C. 1357
            (d) ) is amended to read as follows:
 ``
            (d) Detainer of Inadmissible or Deportable Aliens.--
 ``

    (1) In general.--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.
 ``

    (2) Probable cause.--The Secretary may establish 
 proabable cause 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 probable cause to 
 believe that the individual who is the subject of the 
 detainer is an inadmissible or deportable alien.
 ``

    (3) Transfer of custody.--If the Federal, State, or local 
 law enforcement entity, official, or other personnel to whom a 
 detainer is issued complies with the detainer and detains the 
 individual who is the subject of the detainer for purposes of 
 transfer of custody to the Department of Homeland Security, the 
 Department may take custody of the individual within 48 hours 
 (excluding weekends and holidays), but in no instance more than 
 96 hours, following the date that the individual is otherwise 
 to be released from the custody of the relevant Federal, State, 
 or local law enforcement entity.''.

    (b) Immunity; Private Right of Action.--

Section 287 of the 
Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at 
the end the following:
 ``
            (i) Immunity.--
 ``

    (1) In general.--A State or a political subdivision of a 
 State (and the officials and personnel of the State or 
 subdivision acting in their official capacities), and a 
 nongovernmental entity (and its personnel) contracted by the 
 State or political subdivision for the purpose of providing 
 detention, acting in compliance with a Department of Homeland 
 Security detainer issued pursuant to subsection
            (d) , that 
 temporarily holds an alien in its custody pursuant to the terms 
 of such detainer so that the alien may be taken into the 
 custody of the Department of Homeland Security, shall be 
 considered to be acting under color of Federal authority for 
 purposes of determining the liability, and immunity from suit, 
 of the State or political subdivision of a State in a civil 
 action brought under Federal or State law and shall not be 
 liable for their compliance with the detainer in any suit 
 seeking any punitive, compensatory, or other monetary damages.
 ``

    (2) Federal government as defendant.--In any civil action 
 described in paragraph

    (1) , the United States shall be the 
 proper party named as the defendant in the action.
 ``

    (3) Bad faith exception.--Paragraphs

    (1) and

    (2) shall 
 not apply to any mistreatment of an individual by a State or a 
 political subdivision of a State (and the officials and 
 personnel of the State or subdivision acting in their official 
 capacities), or a nongovernmental entity (and its personnel) 
 contracted by the State or political subdivision for the 
 purpose of providing detention.
 ``

    (j) Private Right of Action.--
 ``

    (1) Cause of action.--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, 
 under State or Federal law, for which an alien has been 
 convicted and sentenced to a term of imprisonment of at least 1 
 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 pursuant to subsection
            (d) .
 ``

    (2) Limitation on bringing action.--An action brought 
 under this subsection may not be brought later than 10 years 
 following the date on which the crime was committed, or the 
 date on which the victim died as a result of such crime, 
 whichever occurs later.
 ``

    (3) Attorneys' fee and other costs.--In any action under 
 this subsection the court shall award a prevailing plaintiff a 
 reasonable attorneys' fee as part of the costs, and include 
 expert fees as part of the attorneys' fee.''.
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