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

This section defines key terms for purposes of the Act, including (1) "alien," as defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)); (2) "sanctuary jurisdiction," generally as any state or political subdivision with a statute, ordinance, policy, or practice prohibiting or restricting government entities or officials from sharing information on an alien's citizenship or immigration status with federal, state, or local entities or from complying with a DHS detainer or release notification request under INA sections 236 or 287 (8 U.S.C. 1226, 1357)—except where the policy applies solely to aliens who come forward as victims or witnesses to a criminal offense; (3) "sanctuary policy," as any such statute, ordinance, policy, or practice; and (4) "sanctuary-related civil action," as a civil action brought against a sanctuary jurisdiction by an individual (or their estate, survivors, or heirs) injured by an alien who benefited from a sanctuary policy and who would not otherwise have been injured.

This section establishes a private right of action for compensatory damages, plus reasonable attorney's fees and costs for prevailing plaintiffs, allowing victims of murder, rape, or any state-defined felony (for which an alien was arrested, convicted, or sentenced to at least one year imprisonment)—or their spouse, parent, or child if deceased or permanently incapacitated—to sue a state or political subdivision in federal or state court if it failed to comply with a DHS request under INA §236 or §287 (8 U.S.C. §1226, §1357) and either ignored a detainer or failed to notify DHS of the alien's release. The statute of limitations is 10 years after the crime or related death. This section further requires any state or political subdivision accepting specified federal grants to waive sovereign immunity against such actions as a condition of receiving the grants, including (1) public works and economic development grants under section 201(a) of the Public Works and Economic Development Act (42 U.S.C. §3141(a)), which support acquisition, construction, or improvement of facilities to foster job creation and economic growth in distressed areas; (2) planning and administrative expense grants under section 203 (42 U.S.C. §3143(a)); (3) supplemental grants under section 205(b) (42 U.S.C. §3145(b)); (4) training, research, and technical assistance grants under section 207(a) (42 U.S.C. §3147(a)); and (5) community development block grants (CDBGs) under title I of the Housing and Community Development Act of 1974 (42 U.S.C. §5301 et seq.), excluding disaster relief grants under the Stafford Act (42 U.S.C. §5170 et seq.). (Thus, recipients forgo immunity defenses in these "sanctuary-related" civil actions.)

This section provides liability protections for states, political subdivisions, and their officers, employees, or agents that comply with a Department of Homeland Security (DHS) detainer issued under INA §§236 or 287 (8 U.S.C. §§1226, 1357). Specifically, (1) such entities and persons are deemed agents of DHS and must comply with INA §287(d) (8 U.S.C. §1357(d)) and 8 CFR §287.5(d); (2) in legal proceedings challenging seizure or detention pursuant to a detainer, the state or subdivision is not liable, the officer is deemed a federal employee acting within the scope of employment, 28 U.S.C. §1346(b) provides the exclusive remedy, and the United States is substituted as defendant; and (3) nothing in the section provides immunity for knowing violations of civil or constitutional rights.