H.R. 7640: Shut Down Sanctuary Policies Act

This bill, known as the "Shut Down Sanctuary Policies Act," aims to amend immigration law in the United States to enhance cooperation between federal, state, and local governments in enforcing immigration laws. Here are the main components of the bill:

State and Local Cooperation with Immigration Enforcement

• The bill asserts that no federal, state, or local government entity can be prohibited or restricted from enforcing immigration laws. This includes allowing these entities to assist federal immigration officials.
• Law enforcement entities are allowed to:
  • Make inquiries and gather information related to an individual's citizenship or immigration status.
  • Maintain records related to that information.
  • Notify federal authorities about individuals they encounter who may be unlawfully present in the U.S.
• This bill will override any state or local laws that restrict these enforcement activities.

Immunity and Legal Protections

• State and local officials acting in compliance with this bill are granted immunity from civil action or criminal prosecution related to their immigration enforcement activities.
• If a civil action arises from enforcement actions taken under this bill, the United States Government will be substituted as the defendant in these cases.
• There are exceptions if mistreatment occurs during enforcement actions.

Fiscal Implications

• The bill establishes that any jurisdiction found to inhibit immigration enforcement will be ineligible for certain federal funds and grants related to law enforcement.
• The Secretary of Homeland Security may decide not to transfer custody of individuals detained for immigration violations to jurisdictions that do not comply with the enforcement of federal immigration law.
• Any funds withheld from non-compliant jurisdictions will be reallocated to those that do comply.

Detainers and Transfer of Custody

• The bill clarifies the conditions under which federal, state, and local law enforcement must comply with detainers issued for individuals believed to be inadmissible or deportable aliens.
• If law enforcement detains an individual under a detainer, they must operate within defined time frames for transferring that individual to the Department of Homeland Security.

Private Right of Action

• The bill provides a 'private right of action' for victims or families of victims of serious crimes committed by individuals released from custody under claims related to non-compliance with federal immigration detainers. This allows them to sue state or local governments if those entities did not honor the detainers that would have otherwise kept the individual in custody.

Effective Date

The provisions of the bill would take effect upon its enactment, making immediate changes to how immigration enforcement is conducted at state and local levels.

Relevant Companies

• None found