Sponsors (4)
Creates a civil cause of action against jurisdictions with qualifying sanctuary policies for certain violent crimes by noncitizens, conditions some federal grants on waiver of sovereign immunity, and shields officials who honor ICE detainers.
Official title: To provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes.
Introduced January 22, 2025 by Chuck Edwards · Last progress January 22, 2025
The bill pressures state and local governments to cooperate with federal immigration enforcement and expands civil remedies for certain victims—trading stronger federal coordination and accountability for increased legal and fiscal risks to jurisdictions, reduced immigrant protections and community trust, and possible loss of federal program benefits for some communities.
State and local governments that cooperate with federal immigration enforcement (sharing information and honoring DHS detainers) are more likely to receive greater federal cooperation and preserve eligibility for certain federal grants, creating a strong incentive to comply.
Victims (or their close relatives) of violent felonies committed by noncitizens can bring civil suits against States and localities for compensatory damages and recover attorneys' fees and expert costs, lowering financial barriers to pursuing relief.
When local officers follow DHS detainers and federal 287(d) rules they are treated as federal agents for liability under the Federal Tort Claims Act, shifting some lawsuits to the federal government and reducing direct local fiscal exposure (while retaining remedies for knowing constitutional violations).
Immigrants — including people arrested but not convicted — face higher risks of detention and deportation, reduced due-process protections, and diminished direct remedies because jurisdictions may increase cooperation and many claims against local actors will be routed to the federal FTCA system that has procedural limits and caps.
States and localities face significant legal liability, potential large damage awards, and increased litigation costs, which could divert funds from public services or lead to higher local taxes.
Conditioning federal grants on waiving sovereign immunity or on immigration-cooperation effectively coerces policy choices by jurisdictions and undermines local autonomy.
Based on analysis of 4 sections of legislative text.
Creates a new federal private right of action against States and localities that adopt “sanctuary” policies if a noncitizen who benefited from that policy later commits certain violent crimes and the jurisdiction failed to honor DHS detainer requests or notify DHS of release. It conditions acceptance of some federal economic development and CDBG grants on waiver of state and local sovereign immunity for these “sanctuary-related” lawsuits, and treats local officers who comply with ICE detainers as federal agents protected from suit (with the Federal Tort Claims Act as the exclusive remedy for certain claims). The bill defines “sanctuary jurisdiction” and “sanctuary-related civil action,” establishes eligibility and damages rules for victims (including fee-shifting to prevailing plaintiffs), creates a 10‑year limitations period, and provides liability shields and substitution of the United States where local officials act under ICE detainers, while preserving civil/constitutional claims for knowing violations of rights.