Private right of action

(a) Civil action authorized Any individual who suffers personal injury, or the estate, survivors, or heirs of an individual who is killed, as a result of a serious violent felony committed by a removable alien may bring a civil action against a covered jurisdiction in an appropriate Federal district court if the requirements of subsection (b) are satisfied. (b) Burden of proof To prevail in an action under this section, a plaintiff shall establish, by a preponderance of the evidence, that— (1) the covered jurisdiction adopted, enforced, or maintained a sanctuary policy; (2) with respect to the removable alien, the covered jurisdiction had constructive knowledge; (3) the sanctuary policy was a substantial factor that prohibited, restricted, or materially impeded a Federal immigration enforcement authority from obtaining timely information about, access to, custody of, or the ability to remove the removable alien; and (4) the plaintiff’s injury or death was a foreseeable and proximate result of the covered jurisdiction’s conduct described in paragraphs (1) through (3). (c) Constructive knowledge If a covered jurisdiction is included on the list published under section 104 during the relevant period, such inclusion shall give rise to a rebuttable presumption that the covered jurisdiction had constructive knowledge for purposes of subsection (b)(2). (d) Defense It shall not be a defense to an action under this subtitle that the covered jurisdiction acted pursuant to State or local law, policy, or directive. (e) Evidentiary standard A plaintiff shall not be required to prove that the removable alien was convicted of the serious violent felony if the plaintiff establishes, by a preponderance of the evidence, that the removable alien committed the serious violent felony. (f) Venue An action under this subtitle may be brought in the judicial district in which— (1) the injury occurred; (2) the sanctuary policy was adopted, enforced, or maintained; or (3) the covered jurisdiction is located.