Definitions

In this subtitle: (1) Constructive knowledge The term constructive knowledge means officials of a covered jurisdiction knew, or reasonably should have known in light of the facts and circumstances, that— (A) the individual was a removable alien; and (B) a sanctuary policy prohibited, restricted, or materially impeded immigration enforcement cooperation with respect to the individual. (2) Covered federal funds The term covered Federal funds has the meaning given such term in section 102. (3) Covered jurisdiction The term covered jurisdiction means any State, political subdivision of a State, or any agency or instrumentality of such State or subdivision. (4) Federal immigration enforcement authority The term Federal immigration enforcement authority means U.S. Immigration and Customs Enforcement or any successor component of the Department of Homeland Security. (5) Removable alien The term removable alien means an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))) who is unlawfully present in the United States or otherwise subject to removal under Federal immigration law. (6) Sanctuary policy The term sanctuary policy means any statute, ordinance, regulation, policy, practice, directive, guidance, or custom of a covered jurisdiction that prohibits, restricts, or materially impedes, directly or indirectly— (A) sending, receiving, maintaining, accessing, or exchanging with a Federal immigration enforcement authority information regarding the citizenship, nationality, immigration status, removability, identity, location, transfer, detention, or custodial status of any individual; or (B) complying with a lawful request or detainer issued by a Federal immigration enforcement authority, including a request to provide notice, access, transfer coordination, or temporary detention following the time the individual would otherwise be released. (7) Serious violent felony The term serious violent felony means murder, voluntary manslaughter, rape, sexual assault, aggravated sexual abuse, child sexual abuse, kidnapping, human trafficking, armed robbery, carjacking, aggravated assault resulting in serious bodily injury, or any felony offense that has as an element the use, attempted use, or threatened use of physical force against the person of another.