119-hr611

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 611 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 611

 To provide a civil remedy for individuals harmed by sanctuary 
 jurisdiction policies, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 22, 2025

 Mr. Edwards introduced the following bill; which was referred to the 
 Committee on the Judiciary, and in addition to the Committees on 
Transportation and Infrastructure, and Financial Services, for a period 
 to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
 committee concerned

_______________________________________________________________________

 A BILL

 To provide a civil remedy for individuals harmed by sanctuary 
 jurisdiction policies, 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 ``Justice for Victims of Sanctuary 
Cities Act of 2025''.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Alien.--The term ``alien'' has the meaning given such 
 term in 

section 101

    (a)

    (3) of the Immigration and Nationality 
 Act (8 U.S.C. 1101

    (a)

    (3) ).

    (2) Sanctuary jurisdiction.--
        (A) In general.--Except as provided in subparagraph
        (B) , 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--
            (i) sending, receiving, maintaining, or 
 exchanging with any Federal, State, or local 
 government entity information regarding the 
 citizenship or immigration status of any alien; 
 or
            (ii) 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 alien.
        (B) Exception.--A 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. 1226 and 1357) to comply with 
 a detainer regarding, an alien who comes forward as a 
 victim or a witness to a criminal offense.

    (3) Sanctuary 

=== policy ===
-The term ``sanctuary policy'' means 
 a statute, ordinance, policy, or practice referred to in 
 paragraph

    (2)
        (A) .

    (4) Sanctuary-related civil action.--The term ``sanctuary-
 related civil action'' means a civil action brought against a 
 sanctuary jurisdiction by an individual (or the estate, 
 survivors, or heirs of such individual) who--
        (A) is injured or harmed by an alien who benefitted 
 from a sanctuary policy of such sanctuary jurisdiction; 
 and
        (B) would not have been so injured or harmed if 
 such alien had not been so benefitted.

SEC. 3. CIVIL ACTION FOR HARM BY AN ALIEN THAT BENEFITTED FROM A 
 SANCTUARY POLICY.

    (a) Private 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. 1226 and 
 1357); and
        (B)
            (i) to comply with a detainer for such alien; or
            (ii) to notify the Department about the release of 
 such alien.

    (2) Statute of limitations.--An action described in 
 paragraph

    (1) may not be brought later than 10 years after the 
 later of--
        (A) the occurrence of the crime referred to in 
 paragraph

    (1) ; or
        (B) the death of a person that resulted from such 
 crime.

    (3) Attorney's fee and other costs.--In any 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) Waiver of Immunity.--

    (1) In general.--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.

    (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 
 1974 (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 
 171 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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