H.R. 611

119th CONGRESS 1st Session

To provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES · January 22, 2025 · Sponsor: Mr. Edwards

Table of contents

• H.R. 611
  • SEC. 1. Short title
  • SEC. 2. Definitions
  • SEC. 3. Civil action for harm by an alien that benefitted from a sanctuary policy
  • SEC. 4. Ensuring cooperation between Federal and local law enforcement officers to safeguard our communities

SEC. 1. Short title

• This Act may be cited as the Justice for Victims of Sanctuary Cities Act of 2025.

SEC. 2. Definitions

• In this Act:
  • The term alien has the meaning given such term in section 101(a)(3) of the Immigration and Nationality Act (). 8 U.S.C. 1101(a)(3)
  • The term sanctuary policy means a statute, ordinance, policy, or practice referred to in paragraph (2)(A).
  • The term sanctuary-related civil action means a civil action brought against a sanctuary jurisdiction by an individual (or the estate, survivors, or heirs of such individual) who—

SEC. 3. Civil action for harm by an alien that benefitted from a sanctuary policy

• (a) Private right of action
  • (1) Cause of action
    • Any individual, or a spouse, parent, or child of such individual (if the individual is deceased or permanently incapacitated), who is the victim of a murder, rape, or any felony (as defined by the State in which the crime occurred) for which an alien has been arrested, convicted, or sentenced to a term of imprisonment of at least 1 year, may bring an action for compensatory damages against a State or a political subdivision of a State, in the appropriate Federal or State court, if such State or political subdivision failed—
      • to comply with a request with respect to an alien that was lawfully made by the Department of Homeland Security pursuant to section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357); and
    • (B)
      • (i) to comply with a detainer for such alien; or
      • (ii) to notify the Department about the release of such alien.
  • (2) Statute of limitations
    • An action described in paragraph (1) may not be brought later than 10 years after the later of—
      • the occurrence of the crime referred to in paragraph (1); or
      • the death of a person that resulted from such crime.
  • (3) Attorney’s fee and other costs
    • In any action or proceeding under paragraph (1), the court shall allow a prevailing plaintiff to recover a reasonable attorney’s fee as part of the costs of the litigation, which shall include any applicable expert fees.
• (b) Waiver of immunity
  • (1) In general
    • Any State or political subdivision of a State that accepts a grant described in paragraph (2) from the Federal Government shall agree, as a condition of receiving such grant, to waive any immunity of such State or political subdivision relating to a sanctuary-related civil action.
  • (2) Grants described
    • The grants described in this paragraph are—
      • a grant for public works and economic development under section 201(a) of the Public Works and Economic Development Act of 1965 (); 42 U.S.C. 3141(a)
      • a grant for planning and administrative expenses under section 203(a) of such Act (); 42 U.S.C. 3143(a)
      • a supplemental grant under section 205(b) of such Act (); 42 U.S.C. 3145(b)
      • a grant for training, research, and technical assistance under section 207(a) of such Act (); and 42 U.S.C. 3147(a)
      • except as provided in paragraph (3), a community development block grant made pursuant to title I of the Housing and Community Development Act of 1974 (). 42 U.S.C. 5301 et seq.
  • (3) Exception
    • Grants described in paragraph (2)(E) shall not include any disaster relief grants to address the damage in an area for which the President has declared a disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (). 42 U.S.C. 5170 et seq.

SEC. 4. Ensuring cooperation between Federal and local law enforcement officers to safeguard our communities

• (a) Authority To cooperate with Federal officials
  • A State, a political subdivision of a State, or an officer, employee, or agent of such State or political subdivision that complies with a detainer issued by the Department of Homeland Security pursuant to section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)—
    • shall be deemed to be acting as an agent of the Department of Homeland Security; and
    • shall comply with section 287(d) of the Immigration and Nationality Act () and section 287.5(d) of title 8, Code of Federal Regulations. 8 U.S.C. 1357(d)
• (b) Legal proceedings
  • In any legal proceeding brought against a State, a political subdivision of State, or an officer, employee, or agent of such State or political subdivision challenging the legality of the seizure or detention of an individual pursuant to a detainer issued by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act (8 U.S.C. 1226 and 1357)—
    • the State or political subdivision of a State shall not be liable for any action taken in accordance with the detainer; and
    • if the actions of the officer, employee, or agent of the State or political subdivision were taken in accordance with the detainer—
      • the officer, employee, or agent shall be deemed—
        • (i) to be an employee of the Federal Government and an investigative or law enforcement officer; and
        • (ii) to have been acting within the scope of his or her employment under section 1346(b) of title 28, United States Code, and chapter 171 of such title;
      • section 1346(b) of title 28, United States Code, shall provide the exclusive remedy for the plaintiff; and
      • the United States shall be substituted as the defendant in such proceeding.
• (c) Rule of construction
  • Nothing in this section may be construed to provide immunity to any person who knowingly violates the civil or constitutional rights of an individual.