S. 685 — Stop Dangerous Sanctuary Cities Act

This section deems a state, political subdivision, or its officer, employee, or agent complying with a detainer issued by DHS under INA §236 or §287 (8 U.S.C. §1226 or §1357)—which requests temporary additional detention of aliens pending removal proceedings or apprehension—to be acting as a DHS agent with all DHS officer authorities for such compliance. The section further provides that in legal proceedings challenging such detention (1) no liability lies against the state entity; (2) the officer, employee, or agent is deemed a federal employee acting within the scope of employment under the Federal Tort Claims Act (FTCA, 28 U.S.C. §1346(b)), with the FTCA as the exclusive remedy and the United States substituted as defendant; and (3) nothing provides immunity for knowing violations of civil or constitutional rights.

This section defines a "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 regarding an individual's citizenship or immigration status with federal, state, or local government entities, or (2) complying with a DHS request under INA §236 or §287 (8 U.S.C. 1226, 1357) regarding a detainer for, or notification of the release of, an individual. It excepts from this definition a policy limiting such information-sharing or compliance solely for individuals who come forward as victims or witnesses to a criminal offense.

This section makes sanctuary jurisdictions (as defined in section 3 of the Stop Dangerous Sanctuary Cities Act) ineligible for Economic Development Administration (EDA) grants under the Public Works and Economic Development Act of 1965 and for Community Development Block Grants (CDBG) under the Housing and Community Development Act of 1974, effective October 1, 2025. (EDA grants support infrastructure and economic development in distressed areas to create jobs and spur growth; CDBG provides flexible block grants to states and localities for housing, infrastructure, and community revitalization.) Specifically, for EDA programs, the section: (1) adds to public works and economic development grant criteria under 42 U.S.C. 3141(b) a requirement that the project area is not a sanctuary jurisdiction; (2) deems sanctuary jurisdictions ineligible recipients for planning and administrative expenses grants under 42 U.S.C. 3143(a); (3) adds to supplementary grant conditions under 42 U.S.C. 3145(a) a requirement that projects not be carried out in areas containing a sanctuary jurisdiction; and (4) prohibits grant funds for training, research, and technical assistance under 42 U.S.C. 3147 from being used in sanctuary jurisdictions. For CDBG, the section (1) adds a definition of sanctuary jurisdiction; (2) requires grantee certifications that they are not and will not become sanctuary jurisdictions; and (3) prohibits funding to sanctuary jurisdictions, with requirements to return funds and reallocate them (using existing formulas, excluding sanctuary jurisdictions) to non-sanctuary jurisdictions.