[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1681 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1680
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to expand the prohibition on State noncompliance with
enforcement of the immigration laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2025
Mr. Evans of Colorado (for himself, Mr. Crank, Ms. Boebert, and Mr.
Hurd of Colorado) introduced the following bill; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to expand the prohibition on State noncompliance with
enforcement of the immigration laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unhandcuffing Police to Locate and
Interdict Foreign Transgressors Act'' or the ``UPLIFT Act''.
SEC. 2. PURPOSE.
Given recent infiltration of American communities by transnational
criminal organizations such as Tren de Aragua, the Sinaloa Cartel, and
MS-13 and the accompanying rise in crime that continue to impact
American neighborhoods, the purposes of this act is to require law
enforcement and other public servants in sanctuary jurisdictions to
fully cooperate with the Departments of Justice and Homeland Security
to protect American citizens and mitigate the flow of opioids,
fentanyl, and other illicit drugs.
SEC. 3. NONCOMPLIANCE WITH ENFORCEMENT OF IMMIGRATION LAW IN SANCTUARY
JURISDICTIONS.
(a) In General.--Section 642 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(1) by amending subsection (a) to read as follows:
``(a) In General.--Notwithstanding any other provision of Federal,
State, or local law, no Federal, State, or local government entity, and
no individual, may prohibit or in any way restrict, a Federal, State,
or local government entity, official, or other personnel from complying
with the immigration laws and policies of the United States or from
assisting or cooperating with Federal law enforcement entities,
officials, or other personnel regarding the enforcement of the
immigration laws.'';
(2) by amending subsection (b) to read as follows:
``(b) Law Enforcement Activities.--Notwithstanding any other
provision of Federal, State, or local law, no Federal, State, or local
government entity, and no individual, may prohibit, or in any way
restrict, a Federal, State, or local government entity, official, or
other personnel from undertaking any of the following law enforcement
activities with respect to information regarding the citizenship or
immigration status, lawful or unlawful, the inadmissibility or
deportability, or the custody status, of any individual:
``(1) Making inquiries to any individual in order to obtain
such information regarding such individual or any other
individuals reasonably suspected of being involved in a crime.
``(2) Notifying the Federal Government regarding the
presence of individuals reasonably suspected of being involved
in a crime who are encountered by law enforcement officials or
other personnel of a State or political subdivision of a State.
``(3) Complying with requests for such information from
Federal law enforcement entities, officials, or other
personnel.'';
(3) in subsection (c), by striking ``Immigration and
Naturalization Service'' and inserting ``Department of Homeland
Security''; and
(4) by adding at the end the following:
``(d) Government Involvement in Immigration Detention.--Not
withstanding any other provision of Federal, State, or local law, no
Federal, State, or local government entity, and no individual, may in
any way restrict a Federal, State, or local government entity,
official, or other personnel from--
``(1) entering into an agreement for the detention of
individuals in an immigration detention facility that is owned,
managed, or operated by a private entity;
``(2) selling any government-owned property for the purpose
of establishing an immigration detention facility that is or
will be owned, managed, or operated by a private entity;
``(3) paying any costs related to the sale, purchase,
construction, development, ownership, management, or operation
of an immigration detention facility that is or will be owned,
managed, or operated by a private entity; or
``(4) receiving any payment related to the detention of
individuals in an immigration detention facility that is owned,
managed, or operated by a private entity.
``(e) Standing for Local Jurisdictions To Seek Injunctive Relief.--
Any local government entity alleging a violation of subsection (a),
(b), or (d) by the State in which the entity is located that harms such
entity or its residents shall have standing to bring an action against
the respective State on behalf of such entity or the residents of such
entity in an appropriate district court of the United States to obtain
appropriate injunctive relief. The court shall advance on the docket
and expedite the disposition of a civil action filed under this
subsection to the greatest extent practicable. For purposes of this
subsection, local government entity or its residents shall be
considered to have been harmed if the entity or any of its residents
experience harm, including financial harm in excess of $100.
``(f) Compliance.--
``(1) Annual determination.--The Secretary of Homeland
Security shall determine, for each calendar year, which States
or local government entities are not in compliance with
subsection (a) or (b) or (d) and shall report such
determinations to Congress by March 1 of each succeeding
calendar year.
``(2) Reports.--The Secretary shall issue a report
concerning the compliance with subsections (a) and (b) of any
particular State or local government entity at the request of
the Committee on the Judiciary of the House of Representatives
or the Committee on the Judiciary of the Senate.
``(g) Construction.--Nothing in this section shall require law
enforcement officials from States, or from local government entities,
to report or arrest victims of or witnesses to a criminal offense.''.
SEC. 4. CLARIFYING THE AUTHORITY OF ICE DETAINERS.
(a) In General.--Section 287(d) of the Immigration and Nationality
Act (8 U.S.C. 1357(d)) is amended to read as follows:
``(d) Detainer of Inadmissible or Deportable Aliens.--
``(1) In general.--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 any
criminal or motor vehicle law, the Secretary may issue a
detainer regarding the individual to any Federal, State, or
local law enforcement entity, official, or other personnel if
the Secretary has probable cause to believe that the individual
is an inadmissible or deportable alien.
``(2) Probable cause.--The Secretary may establish
proabable cause if--
``(A) the individual who is the subject of the
detainer matches, pursuant to biometric confirmation or
other Federal database records, the identity of an
alien who the Secretary has reasonable grounds to
believe to be inadmissible or deportable;
``(B) the individual who is the subject of the
detainer is the subject of ongoing removal proceedings,
including matters where a charging document has already
been served;
``(C) the individual who is the subject of the
detainer has previously been ordered removed from the
United States and such an order is administratively
final;
``(D) the individual who is the subject of the
detainer has made voluntary statements or provided
reliable evidence that indicate that they are an
inadmissible or deportable alien; or
``(E) the Secretary otherwise has probable cause to
believe that the individual who is the subject of the
detainer is an inadmissible or deportable alien.
``(3) Transfer of custody.--If the Federal, State, or local
law enforcement entity, official, or other personnel to whom a
detainer is issued complies with the detainer and detains the
individual who is the subject of the detainer for purposes of
transfer of custody to the Department of Homeland Security, the
Department may take custody of the individual within 48 hours
(excluding weekends and holidays), but in no instance more than
96 hours, following the date that the individual is otherwise
to be released from the custody of the relevant Federal, State,
or local law enforcement entity.''.
(b) Immunity; Private Right of Action.--Section 287 of the
Immigration and Nationality Act (8 U.S.C. 1357) is amended by adding at
the end the following:
``(i) Immunity.--
``(1) In general.--A State or a political subdivision of a
State (and the officials and personnel of the State or
subdivision acting in their official capacities), and a
nongovernmental entity (and its personnel) contracted by the
State or political subdivision for the purpose of providing
detention, acting in compliance with a Department of Homeland
Security detainer issued pursuant to subsection (d), that
temporarily holds an alien in its custody pursuant to the terms
of such detainer so that the alien may be taken into the
custody of the Department of Homeland Security, shall be
considered to be acting under color of Federal authority for
purposes of determining the liability, and immunity from suit,
of the State or political subdivision of a State in a civil
action brought under Federal or State law and shall not be
liable for their compliance with the detainer in any suit
seeking any punitive, compensatory, or other monetary damages.
``(2) Federal government as defendant.--In any civil action
described in paragraph (1), the United States shall be the
proper party named as the defendant in the action.
``(3) Bad faith exception.--Paragraphs (1) and (2) shall
not apply to any mistreatment of an individual by a State or a
political subdivision of a State (and the officials and
personnel of the State or subdivision acting in their official
capacities), or a nongovernmental entity (and its personnel)
contracted by the State or political subdivision for the
purpose of providing detention.
``(j) Private Right of Action.--
``(1) Cause of action.--Any individual, or a spouse,
parent, or child of that individual (if the individual is
deceased), who is the victim of a murder, rape, or any felony,
under State or Federal law, for which an alien has been
convicted and sentenced to a term of imprisonment of at least 1
year, may bring an action against a State or political
subdivision of a State in the appropriate Federal or State
court if the State or political subdivision released the alien
from custody prior to the commission of such crime as a
consequence of the State or political subdivision's declining
to honor a detainer issued pursuant to subsection (d).
``(2) Limitation on bringing action.--An action brought
under this subsection may not be brought later than 10 years
following the date on which the crime was committed, or the
date on which the victim died as a result of such crime,
whichever occurs later.
``(3) Attorneys' fee and other costs.--In any action under
this subsection the court shall award a prevailing plaintiff a
reasonable attorneys' fee as part of the costs, and include
expert fees as part of the attorneys' fee.''.
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