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..