State and local cooperation with enforcement of immigration law

(a) In general Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended— (1) in the header by striking Communication between government agencies and the Immigration and Naturalization Service and inserting State and local government cooperation with immigration enforcement; (2) by striking subsection (a) and inserting the following: (a) In general The right of any Federal, State, or local government entity, official, or other personnel to comply with or enforce the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or to assist or cooperate with Federal law enforcement entities, Federal law enforcement officials, immigration officials, or other personnel regarding the enforcement of such laws, shall not be prohibited or in any way restricted.; (3) by striking subsection (b) and inserting the following: (b) Law enforcement activities (1) In general The right of any Federal, State, or local government entity, official, or other personnel to undertake law enforcement activities described under paragraph (2) as they relate to information regarding the citizenship or immigration status, lawful or unlawful, the inadmissibility or deportability, or the custody status of any individual (including any information that could reasonably be used to determine such status, including personal identifying information) shall not be prohibited or in any way restricted. (2) Law enforcement activities described The law enforcement activities described in this paragraph are the following: (A) Making inquiries to any individual to obtain the information described under paragraph (1) regarding such individual or any other individuals. (B) Maintaining the information described under paragraph (1). (C) Actions taken by a State, or local government entity, official, or other personnel to— (i) notify the Federal Government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a State or local government; and (ii) comply with requests for such information from Federal law enforcement entities, officials, or other personnel.; (4) in subsection (c), by striking Immigration and Naturalization Service and inserting Department of Homeland Security; and (5) by adding at the end the following: (d) Contrary laws superseded The provisions under subsections (a) and (b) shall supersede any and all State and local laws, ordinances, regulations, and policies that directly or indirectly prohibit or restrict, in whole or in part, the activities described in such subsections. (e) Removal A civil action or criminal prosecution that is commenced in a State court and that is against or directed to a State or local government entity (and an official or other personnel of the State or local government entity acting in their official capacities) based on their compliance with subsection (a) or (b) may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending or to the district court of the United States for the district and division in which the defendant was served with process. (f) Immunity A State or local government entity (and an official or other personnel of the State or local government entity acting in their official capacities) acting in compliance with subsection (a) or (b) shall be considered to be acting under color of Federal authority for purposes of determining their liability and shall be held harmless for their compliance in any suit seeking any punitive, compensatory, or other monetary damages. (g) Federal Government as defendant Following removal of any civil action arising out of compliance with subsection (a) or (b) the United States Government shall be substituted as the party defendant in the suit. (h) Mistreatment exception Subsections (f) and (g) shall not apply for claims the district court determines arose from any mistreatment of an individual by a State or local government entity (or an official or other personnel of the State or local government entity acting in their official capacities) exercising the rights described under subsection (a) or (b). (i) Federal funding (1) Eligibility for certain grant programs A State or local government that is determined, pursuant to paragraph (4), to restrict the rights described under subsection (a) or (b) or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), shall not be eligible to receive for the period described in paragraph (6)— (A) any of the funds that would otherwise be allocated to the State or local government under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)), the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.), or the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); or (B) any other grant administered by the Department of Justice or the Department of Homeland Security that is substantially related to law enforcement, immigration, enforcement of the immigration laws, or naturalization. (2) Transfer of custody of aliens pending removal proceedings The Secretary of Homeland Security, at the Secretary’s sole and unreviewable discretion, may decline to transfer an alien in the custody of the Department of Homeland Security to a State or local government determined, pursuant to paragraph (4), to restrict the rights described under subsection (a) or (b), or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), regardless of whether the State or local government has issued a writ or warrant. (3) Transfer of custody of certain aliens prohibited The Secretary of Homeland Security shall not transfer an alien with a final order of removal, as defined in section 101(a)(47) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(47)), to a State or local government that is determined, pursuant to paragraph (4), to restrict the rights described under subsection (a) or (b), or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)). (4) Annual determination The Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, shall determine for each fiscal year which States and local governments restrict the rights described under subsection (a) or (b), or that have in effect a statute, policy, or practice providing that they not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), and shall report such determinations to the Committees on the Judiciary of the House of Representatives and the Senate by March 1 of each succeeding fiscal year. (5) Reports The Secretary of Homeland Security shall issue a report on the annual determination made under paragraph (4) at the request of the Committees on the Judiciary of the House of Representatives and the Senate. (6) Period described Any jurisdiction that is determined to restrict the rights established under subsection (a) or (b) or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)) shall be ineligible to receive Federal financial assistance as provided in paragraph (1)— (A) for a period of 1 year; or (B) until the Secretary of Homeland Security certifies that the jurisdiction has come into compliance, whichever is later. (7) Reallocation Any funds that are not allocated to a State or to a local government due to the State or local government restricting the rights described under subsection (a) or (b), or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), shall be reallocated to States or local governments that comply with each such subsection.. (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, except that subsection (i) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section, shall apply only to prohibited acts committed on or after the date of the enactment of this Act.

(a) In general Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended— (1) in the header by striking Communication between government agencies and the Immigration and Naturalization Service and inserting State and local government cooperation with immigration enforcement (and by conforming the item in table of contents accordingly); (2) by striking subsection (a) and inserting the following: (a) In general The right of any Federal, State, or local government entity, official, or other personnel to comply with or enforce the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))), or to assist or cooperate with Federal law enforcement entities, Federal law enforcement officials, immigration officials, or other personnel regarding the enforcement of such laws, shall not be prohibited or in any way restricted.; (3) by striking subsection (b) and inserting the following: (b) Law enforcement activities (1) In general The right of any Federal, State, or local government entity, official, or other personnel to undertake law enforcement activities described under paragraph (2) as they relate to information regarding the citizenship or immigration status, lawful or unlawful, the inadmissibility or deportability, or the custody status of any individual (including any information that could reasonably be used to determine such status, including personal identifying information) shall not be prohibited or in any way restricted. (2) Law enforcement activities described The law enforcement activities described in this paragraph are the following: (A) Making inquiries to any individual to obtain the information described under paragraph (1) regarding such individual or any other individuals. (B) Maintaining the information described under paragraph (1). (C) Actions taken by a State, or local government entity, official, or other personnel to— (i) notify the Federal Government regarding the presence of individuals who are encountered by law enforcement officials or other personnel of a State or local government; and (ii) comply with requests for such information from Federal law enforcement entities, officials, or other personnel.; (4) in subsection (c), by striking Immigration and Naturalization Service and inserting Department of Homeland Security; and (5) by adding at the end the following: (d) Contrary laws superseded The provisions under subsections (a) and (b) shall supersede any and all State and local laws, ordinances, regulations, and policies that directly or indirectly prohibit or restrict, in whole or in part, the activities described in such subsections. (e) Removal A civil action or criminal prosecution that is commenced in a State court and that is against or directed to a State or local government entity (and an official or other personnel of the State or local government entity acting in their official capacities) based on their compliance with subsection (a) or (b) may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending or to the district court of the United States for the district and division in which the defendant was served with process. (f) Immunity A State or local government entity (and an official or other personnel of the State or local government entity acting in their official capacities) acting in compliance with subsection (a) or (b) shall be considered to be acting under color of Federal authority for purposes of determining their liability and shall be held harmless for their compliance in any suit seeking any punitive, compensatory, or other monetary damages. (g) Federal Government as defendant Following removal of any civil action arising out of compliance with subsection (a) or (b) the United States Government shall be substituted as the party defendant in the suit. (h) Mistreatment exception Subsections (f) and (g) shall not apply for claims the district court determines arose from any mistreatment of an individual by a State or local government entity (or an official or other personnel of the State or local government entity acting in their official capacities) exercising the rights described under subsection (a) or (b). (i) Federal funding (1) Eligibility for certain grant programs A State or local government that is determined, pursuant to paragraph (4), to restrict the rights described under subsection (a) or (b) or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), shall not be eligible to receive for the period described in paragraph (6)— (A) any of the funds that would otherwise be allocated to the State or local government under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)), the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381 et seq.), or the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.); or (B) any other grant administered by the Department of Justice or the Department of Homeland Security that is substantially related to law enforcement, immigration, enforcement of the immigration laws, or naturalization. (2) Transfer of custody of aliens pending removal proceedings The Secretary of Homeland Security, at the Secretary’s sole and unreviewable discretion, may decline to transfer an alien in the custody of the Department of Homeland Security to a State or local government determined, pursuant to paragraph (4), to restrict the rights described under subsection (a) or (b), or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), regardless of whether the State or local government has issued a writ or warrant. (3) Transfer of custody of certain aliens prohibited The Secretary of Homeland Security shall not transfer an alien with a final order of removal, as defined in section 101(a)(47) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(47)), to a State or local government that is determined, pursuant to paragraph (4), to restrict the rights described under subsection (a) or (b), or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)). (4) Annual determination The Secretary of Homeland Security, in the Secretary’s sole and unreviewable discretion, shall determine for each fiscal year which States and local governments restrict the rights described under subsection (a) or (b), or that have in effect a statute, policy, or practice providing that they not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), and shall report such determinations to the Committees on the Judiciary of the House of Representatives and the Senate by March 1 of each succeeding fiscal year. (5) Reports The Secretary of Homeland Security shall issue a report on the annual determination made under paragraph (4) at the request of the Committees on the Judiciary of the House of Representatives and the Senate. (6) Period described Any jurisdiction that is determined to restrict the rights established under subsection (a) or (b) or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)) shall be ineligible to receive Federal financial assistance as provided in paragraph (1)— (A) for a period of 1 year; or (B) until the Secretary of Homeland Security certifies that the jurisdiction has come into compliance, whichever is later. (7) Reallocation Any funds that are not allocated to a State or to a local government due to the State or local government restricting the rights described under subsection (a) or (b), or that has in effect a statute, policy, or practice providing that it not comply with valid Department of Homeland Security detainers issued pursuant to section 287(d)(1) of the Immigration and Nationality Act (8 U.S.C. 1357(d)(1)), shall be reallocated to States or local governments that comply with each such subsection.. (b) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act, except that subsection (i) of section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), as added by this section, shall apply only to prohibited acts committed on or after the date of the enactment of this Act.