HR 3003 · 115th Congress 2017–2019, ended

No Sanctuary for Criminals Act

Fact sheet

Latest action · Jul 10, 2017 Received in the Senate.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedJun 22, 2017
  2. Passed HouseJun 29, 2017
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

No Sanctuary for Criminals Act

(Sec. 2) This bill amends the Immigration and Nationality Act to prohibit any federal, state, or local government or any individual from prohibiting any government entity, official, or employee from complying with the immigration laws or cooperating with federal law enforcement of such laws.

The bill expands the scope of law enforcement activities relating to immigration-related information that a federal, state, or local government may not restrict or prohibit to include: (1) making inquiries to an individual in order to obtain immigration-related information regarding any individual, (2) notifying the federal government regarding the presence of individuals who are encountered by law enforcement officials or other state or local personnel, or (3) complying with federal law enforcement requests for such information.

A state or political subdivision not in compliance with such immigration enforcement provisions shall be ineligible to receive grants or assistance for: (1) incarceration of undocumented aliens; (2) the Cops on the Beat program; (3) the Edward Byrne Memorial Justice program; or (4) any Department of Justice (DOJ) or Department of Homeland Security (DHS) grant substantially related to law enforcement, terrorism, national security, immigration, or naturalization.

DHS: (1) may decline to transfer an alien in its custody to a non-complying state or political subdivision regardless of whether the state or political subdivision has issued a writ or warrant, (2) shall not transfer an alien with a final order of removal to a non-complying state or political subdivision, and (3) shall determine and report annually regarding non-complying states or political subdivisions.

At the request of the House or Senate Judiciary Committee, DHS shall issue a compliance report about any state or political subdivision. A non-complying jurisdiction shall be ineligible for federal financial assistance for at least one year and shall become eligible only after DHS certifies that it is in compliance.

Funds that are not allocated to a noncomplying state or political subdivision shall be reallocated to a complying state or political subdivision.

(Sec. 3) In the case of an individual who is arrested by any federal, state, or local law enforcement official or other personnel for the alleged violation of a criminal or motor vehicle law, DHS may issue a detainer to any federal, state, or local law enforcement entity, official, or other personnel if DHS has probable cause to believe that such individual is an inadmissible or deportable alien. (Current law applies only to an individual arrested for a controlled substance violation and requires an enforcement officer to have reason to believe that such individual is unlawfully present in the United States.)

The bill prescribes probable cause criteria.

DHS may take custody of a properly detained individual within 48-96 hours after the date that the individual is otherwise to be released from federal, state, or local custody.

The bill provides states, political subdivisions, official personnel, and contractor entities and personnel with immunity from liability for temporarily detaining, within the scope of their duties, an alien for DHS transfer to the same extent provided for corresponding federal immunity. The United States shall be the proper defendant in any civil action arising from such detainer.

Immunity shall not apply in instances of mistreatment.

A victim (or family member of a deceased victim) of murder, rape, or certain felonies committed by an alien who has been convicted and sentenced to at least one year in prison may bring an action against a state or political subdivision that released such alien prior to the crime's commission as a consequence of the state or political subdivision's declining to honor a detainer.

Such an action may not be brought later than 10 years after the crime or the person's death because of such crime, whichever occurs later. A court shall allow a prevailing plaintiff attorney's fees and certain other costs.

(Sec. 4) DHS may detain an alien without time limitation during the pendency of removal proceedings. Bond is permitted only for an individual who is not a flight risk or a danger to another person or the community.

The bill expands the categories of offenses requiring mandatory detention during the pendency of removal proceedings to include an alien who: (1) is unlawfully present in the United States and has been convicted for driving while intoxicated, under the influence, or impaired by alcohol or drugs, without regard to whether the conviction is classified as a misdemeanor or felony under state law; and (2) is inadmissible for illegal entry or deportable by reason of visa revocation or violation of nonimmigrant status and who has been arrested or charged with a particularly serious crime or a crime resulting in the death or serious bodily injury of another person.

An alien subject to mandatory detention may not be released on bond.

The bill limits DOJ's review of DHS custody determinations for aliens who are in exclusion hearings, or who are excludable or deportable on security grounds or other specified grounds, to issues of whether such aliens may be detained or released with or without bond.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 342Passed228–195Jun 29, 2017
House 341Failed181–230Jun 29, 2017

Cosponsors 15

Members who signed on, in the order they did. Signatures ran from Jun 22, 2017 to Jun 28, 2017, with 3 there on the day it was introduced.

SeatCosponsorSigned on
R-AZAndy BiggsOriginalJun 22, 2017
R-TXPete SessionsOriginalJun 22, 2017
R-IASteve KingOriginalJun 22, 2017
R-IADavid YoungJun 26, 2017
R-WVEvan H. JenkinsJun 26, 2017
R-TXLamar SmithJun 26, 2017
R-NYLee M. ZeldinJun 26, 2017
R-PALou BarlettaJun 26, 2017
R-FLMatt GaetzJun 26, 2017
R-OHJames B. RenacciJun 27, 2017
R-TNJohn J. Duncan, Jr.Jun 27, 2017
R-TXJohn RatcliffeJun 27, 2017
R-CAKen CalvertJun 27, 2017
R-FLVern BuchananJun 27, 2017
R-TXJodey C. ArringtonJun 28, 2017

Actions 19

Everything that happened, newest first.

  1. Jul 10, 2017Received in the Senate.
  2. Jun 29, 2017Considered as unfinished business. (consideration: CR H5353-5355)
  3. Jun 29, 2017Considered under the provisions of rule H. Res. 414. (consideration: CR H5316-5333)
  4. Jun 29, 2017DEBATE - The House proceeded with 10 minutes of debate on the Demings motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to the Public Safety Exception subsection in which the State or a political subdivision of the State certifies to the Attorney General that compliance with the underlying bill would endanger public safety.
  5. Jun 29, 2017DEBATE - The House proceeded with one hour of debate on H.R. 3003.

Related bills 5

Companion bills and other measures the record links to this one.

Subjects

Assigned by the Library of Congress. Policy area: Immigration.

Text 3

Each version as it was printed, newest first.

  1. Jul 10, 2017Received in Senate
  2. Jun 29, 2017Engrossed in House
  3. Jun 22, 2017Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.