H.R. 3881 — Stop Dangerous Sanctuary Cities Act

This section deems a state, political subdivision, or its officer, employee, or agent complying with a DHS detainer under INA §236 or §287 (8 U.S.C. §1226 [arrest and detention pending removal decision] or §1357 [powers of immigration officers]) to (1) be acting as a DHS agent with all DHS officer authorities for such compliance; and (2) in any lawsuit challenging the related seizure or detention, have no liability for the state/local entity, with the individual deemed a federal employee acting within the scope of employment under the Federal Tort Claims Act (FTCA, 28 U.S.C. §1346(b) et seq.), FTCA as the exclusive remedy, and the United States substituted as defendant. This section states that it does not provide immunity for knowing violations of civil or constitutional rights.

This section establishes, for purposes of this Act, a definition of "sanctuary jurisdiction" as any state or political subdivision with a statute, ordinance, policy, or practice that prohibits or restricts government entities or officials from (1) sending, receiving, maintaining, or exchanging information on an individual's citizenship or immigration status with federal, state, or local entities; or (2) complying with a Department of Homeland Security detainer or release notification request under INA §236 (8 U.S.C. 1226) or §287 (8 U.S.C. 1357). A jurisdiction is not deemed a sanctuary jurisdiction solely for having a policy against sharing such information or complying with detainers for individuals who come forward as victims or witnesses to a criminal offense.

This section prohibits sanctuary jurisdictions (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act) from receiving specified Economic Development Administration (EDA) grants and Community Development Block Grant (CDBG) funds, effective October 1, 2025. Specifically, under the Public Works and Economic Development Act of 1965, the section (1) conditions public works and economic development grants on the project area not being a sanctuary jurisdiction; (2) deems sanctuary jurisdictions ineligible for planning and administrative expense grants; (3) conditions supplementary grants on the area not containing a sanctuary jurisdiction; and (4) prohibits use of training, research, and technical assistance grant funds for sanctuary jurisdictions. (EDA grants support economic development projects such as public works facilities and planning in distressed areas to create jobs and improve opportunities.) Under the Housing and Community Development Act of 1974, the section (1) adds a definition of sanctuary jurisdiction; (2) conditions CDBG allocations on the grantee not being or becoming a sanctuary jurisdiction; and (3) bars CDBG funds to sanctuary jurisdictions, requiring returned amounts to be reallocated to non-sanctuary jurisdictions using the standard formula (excluding sanctuary jurisdictions). (CDBG provides flexible block grants to states and localities for housing, community facilities, and economic development.)