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S. 3790IntroducedSenate · nowHousePresidentLawIn committee
Sec. 147 · S. 3790

Rules regarding proof and causation

Title I — Conditions, Coordination, and Civil Liability › Subtitle C — Civil remedy for harm resulting from sanctuary policies

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(a) Material impediment For purposes of section 143(b)(3), a sanctuary policy materially impeded Federal immigration enforcement if the policy reasonably tended to delay, deter, or prevent a Federal immigration enforcement authority from receiving timely information, obtaining timely access, or taking custody of the removable alien. (b) Foreseeability For purposes of section 143(b)(4), an injury is foreseeable if, in light of the circumstances, a reasonable person would recognize that obstructing immigration enforcement cooperation with respect to a removable alien increases the risk that the alien will remain at liberty and commit a serious violent felony. (c) Rule of construction Nothing in this subtitle may be construed to impose liability on a covered jurisdiction for the independent criminal acts of another absent the elements set forth in section 143(b). (d) Exclusive requirements In an action under this subtitle, the elements listed in section 143(b) shall constitute the exclusive requirements for establishing liability.

Sec. 147: Rules regarding proof and causation · Public Law Tracker