What does Preamble of S 185 do?

This bill, formally titled 'To provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes,' aims to establish a civil remedy for individuals harmed by sanctuary jurisdiction policies.

What does SHORT TITLE. of S 185 do?

This bill is formally titled the Justice for Victims of Sanctuary Cities Act of 2025.

What does DEFINITIONS. of S 185 do?

This section defines terms used within the Act. “Alien” is defined as the meaning given in section 101(a)(3) of the Immigration and Nationality Act. “Sanctuary jurisdiction” is defined as a State or political subdivision with policies restricting information sharing or compliance with Department of Homeland Security requests regarding alien status, unless the alien is a victim or witness of a crime. “Sanctuary policy” refers to the statutes, ordinances, policies, or practices described in the definition of ‘sanctuary jurisdiction’. “Sanctuary-related civil action” is defined as a civil action brought against a sanctuary jurisdiction by an individual who was injured by an alien who benefitted from the jurisdiction's sanctuary policy.

What does CIVIL ACTION FOR HARM BY AN ALIEN THAT BENEFITTED FROM A of S 185 do?

This section establishes a private right of action allowing individuals (or their surviving spouses, parents, or children if deceased or permanently incapacitated) to sue a state or political subdivision for compensatory damages if they are victims of murder, rape, or a felony. The lawsuit is permitted if the alien committing the crime was arrested, convicted, and sentenced to at least one year of imprisonment, and the state or political subdivision failed to comply with a Department of Homeland Security request (pursuant to sections 236 or 287 of the Immigration and Nationality Act) or failed to comply with a detainer or notify the Department about the alien's release. The statute of limitations for bringing such an action is 10 years from the later of the crime's occurrence or the victim's death. Prevailing plaintiffs in these actions are entitled to recover reasonable attorney's fees and costs, including expert fees. States or political subdivisions accepting certain federal grants must waive immunity related to sanctuary-related civil actions. The grants triggering this waiver include those under the Public Works and Economic Development Act of 1965 (sections 201(a), 203(a), 205(b), and 207(a)) and Community Development Block Grants (title I of the Housing and Community Development Act of 1974), with an exception for disaster relief grants declared under the Stafford Act.

What does ENSURING COOPERATION BETWEEN FEDERAL AND LOCAL LAW ENFORCEMENT of S 185 do?

This section outlines procedures for cooperation between federal and local law enforcement regarding detainers issued by the Department of Homeland Security (DHS) under sections 236 and 287 of the Immigration and Nationality Act. States, political subdivisions, or their officers complying with a DHS detainer are deemed to be acting as agents of DHS and must comply with specific regulations. Legal proceedings challenging the legality of seizures or detentions based on DHS detainers are addressed, limiting liability for states and subdivisions. If an officer's actions align with a detainer, they are considered federal employees acting within the scope of their employment, and the United States is substituted as the defendant. Section 1346(b) of Title 28, United States Code, provides the exclusive remedy for plaintiffs in such legal proceedings. This section does not provide immunity for individuals who knowingly violate civil or constitutional rights.

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Justice for Victims of Sanctuary Cities Act of 2025 — S. 185

Last updated: 1/22/2025 · Introduced: 1/22/2025

Author: Thomas Tillis (R-NC)

TL;DR (AI)

This bill establishes a private right of action allowing individuals harmed by murder, rape, or a felony committed by an alien who benefited from a sanctuary jurisdiction’s policies to sue the state or political subdivision for damages.
States and political subdivisions accepting certain federal grants must waive immunity in sanctuary-related civil actions, with an exception for disaster relief grants.
The bill outlines procedures to ensure cooperation between federal and local law enforcement regarding Department of Homeland Security detainers, providing protections for states and subdivisions complying with those detainers.

119th Congressin committeeHR. 611(In Committee)Official page

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Other Sections

Includes provisions on preamble, short title., and 3 more.

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