This bill addresses issues related to state and local government cooperation with federal immigration enforcement efforts, including by prohibiting limitations on cooperation, revising detainer authority, and restricting funding for certain jurisdictions.
Federal, state, and local government entities, including personnel, must be allowed to (1) comply with or enforce immigration laws or cooperate with immigration enforcement efforts, or (2) inquire about an individual's immigration status. Currently, such government entities must be allowed to share immigration-related information with the Department of Homeland Security (DHS).
DHS must issue a detainer for individuals arrested for any criminal or motor vehicle offense if DHS has probable cause that they are inadmissible or deportable.
Jurisdictions not in compliance with this bill, as determined by DHS, are ineligible for certain funding for law enforcement or immigration. This funding must be reallocated to jurisdictions that are in compliance.
The bill also creates a private right of action for victims of certain crimes to bring against a state or local government that, for example, released the individual who was convicted of the crime despite a detainer.
The bill provides federal immunity for officials and entities in compliance with the bill and removal to federal court for related prosecutions.
DHS may decline transfer of an individual in its custody if the requesting jurisdiction is not in compliance with this bill. DHS is prohibited from transferring an individual with a final order of removal.
