S. 2146 - Stop Sanctuary Policies and Protect Americans Act
Noteworthy
Background: On July 23, 2015, the House of Representatives passed the Enforce the Law for Sanctuary Cities Act, by a vote of 241 to 179. The Senate will consider separate legislation to address sanctuary jurisdictions with S. 2146, the Stop Sanctuary Policies and Protect Americans Act.
Floor Situation: S. 2146 was placed on the Senate calendar on October 7, 2015. On Tuesday, October 20 at 2:15 p.m., the Senate will conduct a cloture vote on the motion to proceed to it.
Executive Summary: This legislation changes federal law to require that states and localities honor immigration detainers. It withholds federal funds under the Community Development Block Grant Program and the State Criminal Alien Assistance Program from jurisdictions that do not comply with certain federal immigration laws. The bill requires the executive branch to identify local jurisdictions that are currently not in compliance with federal immigration law. It contains liability protection measures to prevent jurisdictions and law enforcement entities that comply with federal immigration law from being sued for doing so. Finally, it increases the statutory maximum penalty for illegal re-entry into the United States after deportation from two years to five years. It also creates a maximum penalty of 10 years for unauthorized immigrants who re-enter the country illegally and have been deported three or more times. It creates a mandatory minimum sentence of five years for re-entry offenses where there has been a conviction of an aggravated felony prior to removal or where a defendant has been twice convicted for illegal re-entry.
Overview of the Issue
Some state and local governments have refused to cooperate with federal immigration enforcement for some time. In recent years, this defiance has increased, as the Congressional Research Service notes, “particularly in response to recent federal immigration enforcement initiatives like Secure Communities (subsequently replaced by the Priority Enforcement Program), which enable federal authorities to more easily identify removable aliens in state or local custody.” These sanctuary jurisdictions have policies and practices in place that allow illegal immigrants to remain free from detection and apprehension by “actively oppos[ing] federal immigration authorities’ efforts to identity and remove” unlawful immigrants. Undermining of immigration enforcement by authorities in these jurisdictions who decline to honor federal immigration detainers has allowed dangerous criminals to remain on the streets, shielded from deportation.
Considerations on the Bill
S. 2146 is endorsed by the several law enforcement organizations, including the National Association of Police Organizations, the National Sheriffs’ Association, and the Federal Law Enforcement Officers Association.
Notable Bill Provisions
Section 2 – Sanctuary jurisdiction defined
This section defines the term “sanctuary jurisdiction” as any state or political subdivision of a state, including law enforcement entities, that violates federal immigration law information sharing requirements or fails to comply with detainers or a request to notify of an alien’s release from custody.
Section 3 – Limitation on grants to sanctuary jurisdiction
This section eliminates State Criminal Alien Assistance Program grants for all sanctuary jurisdictions. It eliminates Community Oriented Policing Services grants to law enforcement entities that have an independent departmental policy or practice – not otherwise required by statute, ordinance, or an executive order of the jurisdiction – creating a sanctuary jurisdiction. Funding withheld from these sanctuary jurisdictions is reallocated to compliant jurisdictions. This section also eliminates the Community Development Block Grant administered by HUD where a state or local government is a sanctuary jurisdiction, based on the state or local government’s statute, ordinance, policy, or practice. Funding withheld on this basis is reallocated to compliant jurisdictions. It requires the executive branch to publish sanctuary jurisdictions and to list the number of issued, but not honored, detainers by jurisdictions across the country.
Section 4 – State and local government and individual compliance with detainees
This section amends federal law to provide that when a local law enforcement officer complies with an immigration detainer issued by DHS, that officer is acting as an agent of DHS and has the same power and liabilities as a DHS agent to hold the person listed in the detainer.
Section 5 – Increased penalties for reentry of removed alien
This section increases the statutory maximum penalty for illegal reentry from two years to five years and creates a maximum penalty of 10 years for illegal reentries where the alien has been removed on three or more prior occasions. A mandatory minimum sentence of five years for re-entry offenses is created where the defendant has an aggravated felony prior to removal or has been previously convicted twice of illegal reentry.
Administration Position
The Obama administration threatened a veto of the House legislation addressing sanctuary cities. Similar opposition is expected to the Senate bill.
Cost
The CBO has not scored S. 2146.
Amendments
There are no amendments at this time.