Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015

Improving Cooperation with States and Local Governments and Preventing the Catch and Release of Criminal Aliens Act of 2015

This bill prohibits a jurisdiction from receiving any of the funding specified in this Act if it does not cooperate with federal officials regarding criminal aliens or other aliens deemed to be a removal priority by the Department of Homeland Security (DHS), including by refusing to: (1) detain or transfer custody of such aliens pursuant to detainers placed upon them; or (2) notify a federal law enforcement agency, upon request, of their release.

Such funding consists of:

• incarceration reimbursement funds under the Immigration and Nationality Act,
• grant funding under the Second Chance Act of 2007, and
• any other law enforcement related grants or contracts awarded by DHS or the Department of Justice (DOJ).

A jurisdiction shall become eligible to receive such funds, grants, or contracts after DHS certifies that:

• the jurisdiction no longer fails to cooperate with federal officials regarding detentions, transfers, and notifications; and
• the statute, policy, or practice of that state or local government prohibiting law enforcement officers from assisting or cooperating with federal immigration law enforcement regarding criminal aliens has been repealed, rescinded, or terminated.

Withheld funds shall be reallocated equally among:

• states and local governments which cooperate with federal officials regarding detentions, transfers, and notifications, and apply to the appropriate Department for such funds; and
• any statutorily authorized federal grant program designed to protect victims of violence.

DHS and DOJ shall publish jointly on their websites: (1) a list of sanctuary jurisdictions, and (2) a list of jurisdictions that do not grant federal immigration law enforcement officers regular access to jails or detention facilities.

The Immigration and Nationality Act is amended to increase the penalty for reentry by a removed alien.

Nothing in this Act may be construed to: (1) require law enforcement officials of a state or a local government to report or arrest victims or witnesses of a criminal offense, or (2) limit the ability of state and local law enforcement to cooperate with federal immigration law enforcement with regard to aliens who are not criminal aliens.