H.R. 1680 — UPLIFT Act

This section states the purposes of the Act as requiring 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.

This section revises Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373), which prohibits federal, state, or local government entities or officials from restricting the sending to, receiving from, or exchange of information on individuals' citizenship or immigration status with federal immigration authorities (previously the Immigration and Naturalization Service). Specifically, the section (1) revises subsection (a) to prohibit any federal, state, or local government entity or individual from restricting compliance with U.S. immigration laws or cooperation with federal law enforcement on immigration enforcement; (2) revises subsection (b) to prohibit restrictions on law enforcement activities involving inquiries to crime suspects, notifications to the federal government about such suspects encountered by state or local officials, and compliance with federal requests for information on citizenship or immigration status, inadmissibility or deportability, or custody status; (3) updates subsection (c) to require the Department of Homeland Security (from the Immigration and Naturalization Service) to respond to inquiries on citizenship or immigration status; (4) adds subsection (d) prohibiting restrictions on entering agreements with, selling property to, funding, or receiving payments from private entities for immigration detention facilities. The section further (5) adds subsection (e) granting local government entities standing to seek expedited injunctive relief in federal court against their state for violations of subsections (a), (b), or (d) causing harm (including financial harm exceeding $100) to the entity or its residents; (6) adds subsection (f) directing the Secretary of Homeland Security to annually determine and report to Congress by March 1 non-compliant states or local entities under subsections (a), (b), or (d) and to issue compliance reports upon request from the House or Senate Judiciary Committee; and (7) adds subsection (g) clarifying that the section does not require state or local law enforcement to report or arrest victims or witnesses to crimes.

This section revises INA §287(d) (8 U.S.C. 1357(d)) to authorize DHS to issue detainers to federal, state, or local law enforcement for individuals arrested for criminal or motor vehicle violations if probable cause exists to believe they are inadmissible or deportable aliens. Probable cause may be established by (1) biometric or database match to a known inadmissible or deportable alien, (2) ongoing removal proceedings, (3) a final removal order, (4) voluntary statements or evidence of inadmissibility or deportability, or (5) other probable cause; complying entities must hold the individual for DHS custody within 48 hours (excluding weekends and holidays), or no more than 96 hours, after the scheduled release. The section adds INA §287(i) to provide immunity from civil liability (including monetary damages) for states, localities, officials, and contractors complying with DHS detainers, deeming such actions under color of federal authority with the United States as the defendant in any suit (except for bad faith mistreatment). The section adds INA §287(j) to establish a private right of action, allowing victims (or their spouse, parent, or child if deceased) of murder, rape, or any state or federal felony (with a sentence of at least one year) committed by a convicted alien to sue a state or locality in federal or state court if the entity released the alien due to declining a DHS detainer; actions must be brought within 10 years of the crime or victim's death (whichever is later), with prevailing plaintiffs awarded reasonable attorneys' fees and expert costs.