Legis Daily

No Sanctuary for Criminals Act

USA115th CongressHR-3003| House 
| Updated: 7/10/2017
Bob Goodlatte

Bob Goodlatte

Republican Representative

Virginia

Cosponsors (15)
Lamar Smith (Republican)Lee M. Zeldin (Republican)John Ratcliffe (Republican)Pete Sessions (Republican)Andy Biggs (Republican)David Young (Republican)Lou Barletta (Republican)Ken Calvert (Republican)James B. Renacci (Republican)Jodey C. Arrington (Republican)Steve King (Republican)Matt Gaetz (Republican)Evan H. Jenkins (Republican)John J. Duncan (Republican)Vern Buchanan (Republican)

Homeland Security Committee, Judiciary Committee, Immigration Integrity, Security, and Enforcement Subcommittee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) No Sanctuary for Criminals Act (Sec. 2) This bill amends the Immigration and Nationality Act to prohibit any federal, state, or local government or any individual from prohibiting any government entity, official, or employee from complying with the immigration laws or cooperating with federal law enforcement of such laws. The bill expands the scope of law enforcement activities relating to immigration-related information that a federal, state, or local government may not restrict or prohibit to include: (1) making inquiries to an individual in order to obtain immigration-related information regarding any individual, (2) notifying the federal government regarding the presence of individuals who are encountered by law enforcement officials or other state or local personnel, or (3) complying with federal law enforcement requests for such information. A state or political subdivision not in compliance with such immigration enforcement provisions shall be ineligible to receive grants or assistance for: (1) incarceration of undocumented aliens; (2) the Cops on the Beat program; (3) the Edward Byrne Memorial Justice program; or (4) any Department of Justice (DOJ) or Department of Homeland Security (DHS) grant substantially related to law enforcement, terrorism, national security, immigration, or naturalization. DHS: (1) may decline to transfer an alien in its custody to a non-complying state or political subdivision regardless of whether the state or political subdivision has issued a writ or warrant, (2) shall not transfer an alien with a final order of removal to a non-complying state or political subdivision, and (3) shall determine and report annually regarding non-complying states or political subdivisions. At the request of the House or Senate Judiciary Committee, DHS shall issue a compliance report about any state or political subdivision. A non-complying jurisdiction shall be ineligible for federal financial assistance for at least one year and shall become eligible only after DHS certifies that it is in compliance. Funds that are not allocated to a noncomplying state or political subdivision shall be reallocated to a complying state or political subdivision. (Sec. 3) 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 a criminal or motor vehicle law, DHS may issue a detainer to any federal, state, or local law enforcement entity, official, or other personnel if DHS has probable cause to believe that such individual is an inadmissible or deportable alien. (Current law applies only to an individual arrested for a controlled substance violation and requires an enforcement officer to have reason to believe that such individual is unlawfully present in the United States.) The bill prescribes probable cause criteria. DHS may take custody of a properly detained individual within 48-96 hours after the date that the individual is otherwise to be released from federal, state, or local custody. The bill provides states, political subdivisions, official personnel, and contractor entities and personnel with immunity from liability for temporarily detaining, within the scope of their duties, an alien for DHS transfer to the same extent provided for corresponding federal immunity. The United States shall be the proper defendant in any civil action arising from such detainer. Immunity shall not apply in instances of mistreatment. A victim (or family member of a deceased victim) of murder, rape, or certain felonies committed by an alien who has been convicted and sentenced to at least one year in prison may bring an action against a state or political subdivision that released such alien prior to the crime's commission as a consequence of the state or political subdivision's declining to honor a detainer. Such an action may not be brought later than 10 years after the crime or the person's death because of such crime, whichever occurs later. A court shall allow a prevailing plaintiff attorney's fees and certain other costs. (Sec. 4) DHS may detain an alien without time limitation during the pendency of removal proceedings. Bond is permitted only for an individual who is not a flight risk or a danger to another person or the community. The bill expands the categories of offenses requiring mandatory detention during the pendency of removal proceedings to include an alien who: (1) is unlawfully present in the United States and has been convicted for driving while intoxicated, under the influence, or impaired by alcohol or drugs, without regard to whether the conviction is classified as a misdemeanor or felony under state law; and (2) is inadmissible for illegal entry or deportable by reason of visa revocation or violation of nonimmigrant status and who has been arrested or charged with a particularly serious crime or a crime resulting in the death or serious bodily injury of another person. An alien subject to mandatory detention may not be released on bond. The bill limits DOJ's review of DHS custody determinations for aliens who are in exclusion hearings, or who are excludable or deportable on security grounds or other specified grounds, to issues of whether such aliens may be detained or released with or without bond.

Bill Text Versions

View Text
3 versions available

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Timeline
Jun 22, 2017
Introduced in House
Jun 22, 2017
Referred to the House Committee on the Judiciary.
Jun 22, 2017
Referred to the Subcommittee on Immigration and Border Security.
Jun 27, 2017
Rules Committee Resolution H. Res. 414 Reported to House. Rule provides for consideration of H.R. 3003 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Jun 28, 2017
Rule H. Res. 414 passed House.
Jun 29, 2017
Considered under the provisions of rule H. Res. 414. (consideration: CR H5316-5333)
Jun 29, 2017
Rule provides for consideration of H.R. 3003 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Jun 29, 2017
DEBATE - The House proceeded with one hour of debate on H.R. 3003.
Jun 29, 2017
The previous question was ordered pursuant to the rule.
Jun 29, 2017
Mrs. Demings moved to recommit with instructions to the Committee on the Judiciary. (text: CR H5332)
Jun 29, 2017
DEBATE - The House proceeded with 10 minutes of debate on the Demings motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to the Public Safety Exception subsection in which the State or a political subdivision of the State certifies to the Attorney General that compliance with the underlying bill would endanger public safety.
Jun 29, 2017
The previous question on the motion to recommit with instructions was ordered without objection.
Jun 29, 2017
POSTPONED PROCEEDINGS - At the conclusion of debate on the Demings motion to recommit with instructions, Chair put the question on adoption of the motion to recommit and by voice vote announced that the noes had prevailed. Mrs. Demings demanded the yeas and nays, and the Chair postponed further proceedings until later in the later legislative day.
Jun 29, 2017
Considered as unfinished business. (consideration: CR H5353-5355)
Jun 29, 2017
On motion to recommit with instructions Failed by the Yeas and Nays: 181 - 230 (Roll no. 341).
View Vote
Jun 29, 2017
On passage Passed by the Yeas and Nays: 228 - 195 (Roll no. 342). (text: CR H5316-5318)
View Vote
Jun 29, 2017
Motion to reconsider laid on the table Agreed to without objection.
Jul 10, 2017
Received in the Senate.
  • June 22, 2017
    Introduced in House


  • June 22, 2017
    Referred to the House Committee on the Judiciary.


  • June 22, 2017
    Referred to the Subcommittee on Immigration and Border Security.


  • June 27, 2017
    Rules Committee Resolution H. Res. 414 Reported to House. Rule provides for consideration of H.R. 3003 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.


  • June 28, 2017
    Rule H. Res. 414 passed House.


  • June 29, 2017
    Considered under the provisions of rule H. Res. 414. (consideration: CR H5316-5333)


  • June 29, 2017
    Rule provides for consideration of H.R. 3003 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.


  • June 29, 2017
    DEBATE - The House proceeded with one hour of debate on H.R. 3003.


  • June 29, 2017
    The previous question was ordered pursuant to the rule.


  • June 29, 2017
    Mrs. Demings moved to recommit with instructions to the Committee on the Judiciary. (text: CR H5332)


  • June 29, 2017
    DEBATE - The House proceeded with 10 minutes of debate on the Demings motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to the Public Safety Exception subsection in which the State or a political subdivision of the State certifies to the Attorney General that compliance with the underlying bill would endanger public safety.


  • June 29, 2017
    The previous question on the motion to recommit with instructions was ordered without objection.


  • June 29, 2017
    POSTPONED PROCEEDINGS - At the conclusion of debate on the Demings motion to recommit with instructions, Chair put the question on adoption of the motion to recommit and by voice vote announced that the noes had prevailed. Mrs. Demings demanded the yeas and nays, and the Chair postponed further proceedings until later in the later legislative day.


  • June 29, 2017
    Considered as unfinished business. (consideration: CR H5353-5355)


  • June 29, 2017
    On motion to recommit with instructions Failed by the Yeas and Nays: 181 - 230 (Roll no. 341).
    View Vote


  • June 29, 2017
    On passage Passed by the Yeas and Nays: 228 - 195 (Roll no. 342). (text: CR H5316-5318)
    View Vote


  • June 29, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • July 10, 2017
    Received in the Senate.

Immigration

Related Bills

  • HR 115-1148: FAST Act of 2017
  • HR 115-4760: To amend the immigration laws and the homeland security laws, and for other purposes.
  • HR 115-7059: To fund construction of the southern border wall and to ensure compliance with Federal immigration law.
  • HR 115-2431: To amend the Immigration and Nationality Act to improve immigration law enforcement within the interior of the United States, and for other purposes.
  • HRES 115-414: Providing for consideration of the bill (H.R. 3003) to amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivision of States, in the enforcement of Federal immigration laws, and for other purposes.
Administrative remediesBorder security and unlawful immigrationCitizenship and naturalizationCivil actions and liabilityCongressional oversightDetention of personsDrug, alcohol, tobacco useGovernment liabilityImmigration status and proceduresIntergovernmental relationsLaw enforcement administration and fundingMotor vehiclesState and local financeState and local government operationsTerrorismTransportation safety and securityVisas and passports

No Sanctuary for Criminals Act

USA115th CongressHR-3003| House 
| Updated: 7/10/2017
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) No Sanctuary for Criminals Act (Sec. 2) This bill amends the Immigration and Nationality Act to prohibit any federal, state, or local government or any individual from prohibiting any government entity, official, or employee from complying with the immigration laws or cooperating with federal law enforcement of such laws. The bill expands the scope of law enforcement activities relating to immigration-related information that a federal, state, or local government may not restrict or prohibit to include: (1) making inquiries to an individual in order to obtain immigration-related information regarding any individual, (2) notifying the federal government regarding the presence of individuals who are encountered by law enforcement officials or other state or local personnel, or (3) complying with federal law enforcement requests for such information. A state or political subdivision not in compliance with such immigration enforcement provisions shall be ineligible to receive grants or assistance for: (1) incarceration of undocumented aliens; (2) the Cops on the Beat program; (3) the Edward Byrne Memorial Justice program; or (4) any Department of Justice (DOJ) or Department of Homeland Security (DHS) grant substantially related to law enforcement, terrorism, national security, immigration, or naturalization. DHS: (1) may decline to transfer an alien in its custody to a non-complying state or political subdivision regardless of whether the state or political subdivision has issued a writ or warrant, (2) shall not transfer an alien with a final order of removal to a non-complying state or political subdivision, and (3) shall determine and report annually regarding non-complying states or political subdivisions. At the request of the House or Senate Judiciary Committee, DHS shall issue a compliance report about any state or political subdivision. A non-complying jurisdiction shall be ineligible for federal financial assistance for at least one year and shall become eligible only after DHS certifies that it is in compliance. Funds that are not allocated to a noncomplying state or political subdivision shall be reallocated to a complying state or political subdivision. (Sec. 3) 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 a criminal or motor vehicle law, DHS may issue a detainer to any federal, state, or local law enforcement entity, official, or other personnel if DHS has probable cause to believe that such individual is an inadmissible or deportable alien. (Current law applies only to an individual arrested for a controlled substance violation and requires an enforcement officer to have reason to believe that such individual is unlawfully present in the United States.) The bill prescribes probable cause criteria. DHS may take custody of a properly detained individual within 48-96 hours after the date that the individual is otherwise to be released from federal, state, or local custody. The bill provides states, political subdivisions, official personnel, and contractor entities and personnel with immunity from liability for temporarily detaining, within the scope of their duties, an alien for DHS transfer to the same extent provided for corresponding federal immunity. The United States shall be the proper defendant in any civil action arising from such detainer. Immunity shall not apply in instances of mistreatment. A victim (or family member of a deceased victim) of murder, rape, or certain felonies committed by an alien who has been convicted and sentenced to at least one year in prison may bring an action against a state or political subdivision that released such alien prior to the crime's commission as a consequence of the state or political subdivision's declining to honor a detainer. Such an action may not be brought later than 10 years after the crime or the person's death because of such crime, whichever occurs later. A court shall allow a prevailing plaintiff attorney's fees and certain other costs. (Sec. 4) DHS may detain an alien without time limitation during the pendency of removal proceedings. Bond is permitted only for an individual who is not a flight risk or a danger to another person or the community. The bill expands the categories of offenses requiring mandatory detention during the pendency of removal proceedings to include an alien who: (1) is unlawfully present in the United States and has been convicted for driving while intoxicated, under the influence, or impaired by alcohol or drugs, without regard to whether the conviction is classified as a misdemeanor or felony under state law; and (2) is inadmissible for illegal entry or deportable by reason of visa revocation or violation of nonimmigrant status and who has been arrested or charged with a particularly serious crime or a crime resulting in the death or serious bodily injury of another person. An alien subject to mandatory detention may not be released on bond. The bill limits DOJ's review of DHS custody determinations for aliens who are in exclusion hearings, or who are excludable or deportable on security grounds or other specified grounds, to issues of whether such aliens may be detained or released with or without bond.

Bill Text Versions

View Text
3 versions available

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Jun 22, 2017
Introduced in House
Jun 22, 2017
Referred to the House Committee on the Judiciary.
Jun 22, 2017
Referred to the Subcommittee on Immigration and Border Security.
Jun 27, 2017
Rules Committee Resolution H. Res. 414 Reported to House. Rule provides for consideration of H.R. 3003 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Jun 28, 2017
Rule H. Res. 414 passed House.
Jun 29, 2017
Considered under the provisions of rule H. Res. 414. (consideration: CR H5316-5333)
Jun 29, 2017
Rule provides for consideration of H.R. 3003 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.
Jun 29, 2017
DEBATE - The House proceeded with one hour of debate on H.R. 3003.
Jun 29, 2017
The previous question was ordered pursuant to the rule.
Jun 29, 2017
Mrs. Demings moved to recommit with instructions to the Committee on the Judiciary. (text: CR H5332)
Jun 29, 2017
DEBATE - The House proceeded with 10 minutes of debate on the Demings motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to the Public Safety Exception subsection in which the State or a political subdivision of the State certifies to the Attorney General that compliance with the underlying bill would endanger public safety.
Jun 29, 2017
The previous question on the motion to recommit with instructions was ordered without objection.
Jun 29, 2017
POSTPONED PROCEEDINGS - At the conclusion of debate on the Demings motion to recommit with instructions, Chair put the question on adoption of the motion to recommit and by voice vote announced that the noes had prevailed. Mrs. Demings demanded the yeas and nays, and the Chair postponed further proceedings until later in the later legislative day.
Jun 29, 2017
Considered as unfinished business. (consideration: CR H5353-5355)
Jun 29, 2017
On motion to recommit with instructions Failed by the Yeas and Nays: 181 - 230 (Roll no. 341).
View Vote
Jun 29, 2017
On passage Passed by the Yeas and Nays: 228 - 195 (Roll no. 342). (text: CR H5316-5318)
View Vote
Jun 29, 2017
Motion to reconsider laid on the table Agreed to without objection.
Jul 10, 2017
Received in the Senate.
  • June 22, 2017
    Introduced in House


  • June 22, 2017
    Referred to the House Committee on the Judiciary.


  • June 22, 2017
    Referred to the Subcommittee on Immigration and Border Security.


  • June 27, 2017
    Rules Committee Resolution H. Res. 414 Reported to House. Rule provides for consideration of H.R. 3003 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.


  • June 28, 2017
    Rule H. Res. 414 passed House.


  • June 29, 2017
    Considered under the provisions of rule H. Res. 414. (consideration: CR H5316-5333)


  • June 29, 2017
    Rule provides for consideration of H.R. 3003 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Bill is closed to amendments.


  • June 29, 2017
    DEBATE - The House proceeded with one hour of debate on H.R. 3003.


  • June 29, 2017
    The previous question was ordered pursuant to the rule.


  • June 29, 2017
    Mrs. Demings moved to recommit with instructions to the Committee on the Judiciary. (text: CR H5332)


  • June 29, 2017
    DEBATE - The House proceeded with 10 minutes of debate on the Demings motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to the Public Safety Exception subsection in which the State or a political subdivision of the State certifies to the Attorney General that compliance with the underlying bill would endanger public safety.


  • June 29, 2017
    The previous question on the motion to recommit with instructions was ordered without objection.


  • June 29, 2017
    POSTPONED PROCEEDINGS - At the conclusion of debate on the Demings motion to recommit with instructions, Chair put the question on adoption of the motion to recommit and by voice vote announced that the noes had prevailed. Mrs. Demings demanded the yeas and nays, and the Chair postponed further proceedings until later in the later legislative day.


  • June 29, 2017
    Considered as unfinished business. (consideration: CR H5353-5355)


  • June 29, 2017
    On motion to recommit with instructions Failed by the Yeas and Nays: 181 - 230 (Roll no. 341).
    View Vote


  • June 29, 2017
    On passage Passed by the Yeas and Nays: 228 - 195 (Roll no. 342). (text: CR H5316-5318)
    View Vote


  • June 29, 2017
    Motion to reconsider laid on the table Agreed to without objection.


  • July 10, 2017
    Received in the Senate.
Bob Goodlatte

Bob Goodlatte

Republican Representative

Virginia

Cosponsors (15)
Lamar Smith (Republican)Lee M. Zeldin (Republican)John Ratcliffe (Republican)Pete Sessions (Republican)Andy Biggs (Republican)David Young (Republican)Lou Barletta (Republican)Ken Calvert (Republican)James B. Renacci (Republican)Jodey C. Arrington (Republican)Steve King (Republican)Matt Gaetz (Republican)Evan H. Jenkins (Republican)John J. Duncan (Republican)Vern Buchanan (Republican)

Homeland Security Committee, Judiciary Committee, Immigration Integrity, Security, and Enforcement Subcommittee

Immigration

Related Bills

  • HR 115-1148: FAST Act of 2017
  • HR 115-4760: To amend the immigration laws and the homeland security laws, and for other purposes.
  • HR 115-7059: To fund construction of the southern border wall and to ensure compliance with Federal immigration law.
  • HR 115-2431: To amend the Immigration and Nationality Act to improve immigration law enforcement within the interior of the United States, and for other purposes.
  • HRES 115-414: Providing for consideration of the bill (H.R. 3003) to amend the Immigration and Nationality Act to modify provisions relating to assistance by States, and political subdivision of States, in the enforcement of Federal immigration laws, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Administrative remediesBorder security and unlawful immigrationCitizenship and naturalizationCivil actions and liabilityCongressional oversightDetention of personsDrug, alcohol, tobacco useGovernment liabilityImmigration status and proceduresIntergovernmental relationsLaw enforcement administration and fundingMotor vehiclesState and local financeState and local government operationsTerrorismTransportation safety and securityVisas and passports