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Introduced on January 22, 2025 by Chuck Edwards
This bill would let certain crime victims sue a state or city that had a “sanctuary” policy limiting cooperation with federal immigration enforcement. A victim (or close family, if the victim died or is permanently incapacitated) of murder, rape, or any felony where the accused is a noncitizen who was arrested, convicted, or sentenced to at least one year could seek money damages if the jurisdiction did not honor Department of Homeland Security requests—like holding the person for pickup (a detainer) or notifying DHS before release. Winning plaintiffs can recover attorney’s fees, and they have up to 10 years to file after the crime or a resulting death . The bill targets policies that limit cooperation with federal immigration enforcement; currently, this cooperation is generally not required under existing law.
States and cities that accept certain federal economic and community development grants must waive immunity from these lawsuits, except for disaster relief community development grants. If a jurisdiction complies with DHS detainers, it and its employees are treated as acting for DHS and are shielded from liability for actions taken in line with the detainer; in suits against employees, the United States is substituted as the defendant. This protection does not cover anyone who knowingly violates someone’s civil or constitutional rights .
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