H.R. 7640: Shut Down Sanctuary Policies Act

Shut Down Sanctuary Policies Act

This bill dismantles sanctuary policies by stripping federal funds from jurisdictions that refuse to cooperate with federal immigration enforcement, mandating compliance with ICE detainers to ensure the detention of illegal aliens, and empowering victims to sue local governments that release criminal illegal aliens back into the community.

Section-by-section

Section 1. Short Title

Section 2. State and Local Cooperation with Enforcement of Immigration Law

• Prohibits state and local governments from restricting personnel from enforcing immigration laws or cooperating with federal authorities;

• Safeguards the right of law enforcement to inquire about and share an individual's citizenship or immigration status;

• Supersedes any state or local laws that conflict with these cooperation mandates;

• Grants immunity to cooperating entities and allows the removal of related civil actions to federal court;

• Strips key federal law enforcement grants from jurisdictions that maintain sanctuary policies or ignore detainers; 

• Reallocates withheld grant funds to compliant jurisdictions;

• Authorizes the Secretary of Homeland Security to decline transferring illegal aliens to non-compliant jurisdictions; and

• Forbids the transfer of illegal aliens with final removal orders to sanctuary jurisdictions.

Section 3. Clarifying the Authority of ICE Detainers

• Mandates the issuance of detainers when an illegal alien is arrested for a crime and probable cause exists; 

• Defines probable cause criteria, including biometric matches, ongoing removal proceedings, or voluntary statements;

• Authorizes the Department of Homeland Security to take custody of an illegal alien for up to 96 hours after their scheduled release;

• Extends immunity and federal court removal protections to state, local, and private detention facilities honoring detainers;

• Creates a private right of action for victims to sue sanctuary jurisdictions for compensatory damages if an illegal alien is released and commits a felony; and

• Awards reasonable attorneys' and expert fees to prevailing plaintiffs in these lawsuits.

Section 4. Construction; Severability

• Ensures the severability of the Act, allowing valid provisions to remain in effect if any part is struck down by a court.