summary
Introduced
03/27/2019
03/27/2019
In Committee
05/03/2019
05/03/2019
Crossed Over
Passed
Dead
12/31/2020
12/31/2020
Introduced Session
116th Congress
Bill Summary
To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to impose penalties for State noncompliance with enforcement of immigration law, and for other purposes. This bill bars any government entity or individual from prohibiting or restricting a government entity, official, or other personnel from (1) complying with immigration laws, (2) cooperating with immigration enforcement, (3) making inquiries to an individual to obtain immigration-related information, or (4) complying with immigration-related informational inquiries from federal law enforcement entities. States or local entities that fail to comply with such a bar shall be ineligible for certain federal funds and grants for at least one year. (Such provisions expand on current provisions barring a government entity or official from prohibiting or restricting a government entity or official from exchanging certain information with federal immigration officials.) The Department of Homeland Security (DHS) may issue a detainer as to an individual in federal or state custody if DHS has probable cause to believe the individual is an inadmissible or deportable alien. (Currently, the statute allows immigration officials to issue a detainer for an individual who has been arrested for violating a controlled substance-related law if such officials have reason to believe the individual is violating immigration laws. Current DHS policy allows for the issuance of detainers in other situations as well, though this policy has been called into question by a federal district court, and this bill would provide statutory authority for the current policy.) A victim of a felony (or certain close relatives) for which an alien has been convicted and sentenced for at least one year may sue each state or local government entity or official if the defendant (1) refused to honor an immigration-law related detainer and released the alien from custody prior to the crime, or (2) has a policy of not complying certain immigration enforcement-related laws.
AI Summary
This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to impose penalties on state and local governments that do not comply with federal immigration enforcement. The key provisions of the bill:
1. Prohibit any government entity or individual from restricting compliance with immigration laws or cooperation with federal immigration enforcement. States or localities that fail to comply will be ineligible for certain federal law enforcement grants.
2. Allow the Department of Homeland Security (DHS) to issue detainers for individuals in state or local custody if DHS has probable cause to believe they are inadmissible or deportable aliens. DHS can decline to transfer aliens to non-compliant states or localities.
3. Provide a private right of action for victims of certain crimes committed by aliens who were released by a state or locality despite a DHS detainer or non-compliance with federal immigration laws. This allows the victims to sue the non-compliant state or locality.
4. Make states or localities that prohibit compliance with DHS detainers ineligible for certain federal law enforcement grants, with an exception for localities prohibited from complying by their state.
Committee Categories
Justice
Sponsors (5)
Last Action
Referred to the Subcommittee on Immigration and Citizenship. (on 05/03/2019)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.congress.gov/bill/116th-congress/house-bill/1928/all-info |
| BillText | https://www.congress.gov/116/bills/hr1928/BILLS-116hr1928ih.pdf |
| Bill | https://www.congress.gov/116/bills/hr1928/BILLS-116hr1928ih.pdf.pdf |
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