S. 4316 — Sanctuary City Elimination Act

This section deems a state, political subdivision, or its officers complying with a DHS detainer under INA §236 or §287 (8 U.S.C. 1226, 1357)—which requests temporary detention of suspected removable aliens—to be acting as DHS agents with corresponding DHS authority. In legal proceedings challenging such detention, it (1) immunizes the state or subdivision from liability; and (2) deems the officer a federal employee acting within the scope of employment under the Federal Tort Claims Act (FTCA, 28 U.S.C. §1346(b), ch. 171), making FTCA the exclusive remedy and substituting the United States as defendant. Nothing in the section provides immunity for knowing violations of civil or constitutional rights.

This section defines a "sanctuary jurisdiction" for purposes of this Act 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 (DHS) detainer or release notification request under Immigration and Nationality Act §§236 or 287 (8 U.S.C. §§1226, 1357). A state or political subdivision is not deemed a sanctuary jurisdiction solely for having a policy not sharing such information or complying with a DHS detainer request for an individual who comes forward as a victim or witness to a criminal offense.

This section prohibits sanctuary jurisdictions (as defined in section 3 of the Sanctuary City Elimination Act) from receiving federal grants under four specified programs—(1) National Foundation on the Arts and the Humanities Act grants administered by the Chairperson (20 U.S.C. 956(f)), (2) National Environmental Education Act grants administered by the Administrator (20 U.S.C. 5505(i)), (3) Elementary and Secondary Education Act grants for state and local educational agencies administered by the Secretary (20 U.S.C. 6302), and (4) higher education STEM training grants administered by the Director (20 U.S.C. 9903)—and requires grant application plans to satisfy related requirements. For each program, the section authorizes the attorney general of any state where an alien released from custody by such a jurisdiction subsequently commits a criminal offense (or admits to acts constituting one) against an individual to sue the relevant federal official, the releasing jurisdiction, or both in federal district court on behalf of the injured party for injunctive relief withholding the jurisdiction's funding.