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Sens. Cruz, Tillis and Colleagues Introduce the Justice for Victims of Sanctuary Cities Act

July 9, 2019

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WASHINGTON, D.C. - U.S. Sens. Ted Cruz (R-Texas), Thom Tillis (R-N.C.), Lindsey Graham (R-S.C.), Chuck Grassley (R-Iowa), Joni Ernst (R-Iowa), and Marsha Blackburn (R-Tenn.) today introduced the Justice for Victims of Sanctuary Cities Act, a bill that would hold sanctuary jurisdictions accountable for refusing to comply with lawful detainer and release notification requests made by federal authorities and putting law-abiding citizens in danger. This bill aims to address the increasing number of sanctuary jurisdictions across the nation that either have official sanctuary policies or refrain from honoring federal detainer requests for illegal immigrants.

Last week, Sen. Cruz visited the Texas-Mexico border and received an operational briefing from Customs and Border Patrol Agents regarding increased apprehensions of illegal immigrants on the border. There, he was given data on the criminal activity associated with illegal immigration, including human trafficking, specifically of children, in order to take advantage of loopholes in immigration law.

"In Texas and all along our southern border we are witnessing a surge in illegal border crossings and apprehensions," Sen. Cruz said. "The American people, and Texas communities in particular, are tired of seeing our laws flouted and the plague of crime that often accompanies illegal immigration. Sanctuary cities and their policies are a dangerous affront to the rule of law, and only exasperate the crisis at our border. I am proud to join my colleagues in holding these jurisdictions accountable, and will continue working to enforce our immigration laws."

"It's disturbing to see sheriffs across North Carolina establish sanctuary jurisdictions, releasing dangerous individuals back into communities while refusing to notify federal immigration officials," said Senator Thom Tillis. "If politicians want to prioritize reckless sanctuary policies over public safety, they should also be willing to provide just compensation for the victims. The Justice for Victims of Sanctuary Cities Act is commonsense legislation that will enhance public safety and hold sanctuary jurisdictions accountable for their refusal to cooperate with federal law enforcement."

"A good piece of legislation that is long overdue," said Senator Lindsey Graham. "There must be consequences for governments and entities that gamble with public safety, refuse to work with federal officials, and refuse to deal with felons here illegally. This legislation empowers individuals who are the victims of these entities and governments' poor decisions."

"Sanctuary jurisdictions are failing to cooperate with law enforcement authorities, jeopardizing the safety of our communities," said Senator Joni Ernst. "This is a serious problem that needs to be addressed. Our commonsense bill will put a check on these sanctuary jurisdictions, provide a pathway for victims of crimes committed by illegal immigrants to seek justice, and enhance and promote public safety."

"Our nation's laws exist for a reason. When a sanctuary city or state recklessly decides to harbor illegal immigrants who may commit crimes against innocent Americans, the families of those victims deserve the right to seek compensation from those jurisdictions," said Senator Marsha Blackburn. "It's time we put the public safety of our citizens above the sanctuary of an immigrant who has come to our country illegally."

The Justice for Victims of Sanctuary Cities legislation creates a private right of civil action for the victims of sanctuary jurisdictions, allowing them to bring an action for compensatory damages against the sanctuary jurisdiction as a result of a violent crime committed by an illegal immigrant. Any sanctuary city or jurisdiction that refuses to waive its immunity as is relates to sanctuary-related civil action would be subject to the withholding of certain Community Development Block Grant (CDBG) funding.

Major provisions of the Justice for Victims of Sanctuary Cities Act of 2019

Defining a "Sanctuary Jurisdiction"
The legislation defines a sanctuary jurisdiction as any state or political subdivision (including a county or city) that has a statue, ordinance, policy, or practice that restricts a government official or entity from receiving or maintaining information about the immigration status of an individual, including refusing to comply with lawful detainer requests made by DHS or the notification of the release of an illegal immigrant. A jurisdiction would not be deemed a "sanctuary jurisdiction" based solely on policies where officials do not share information or comply with detainers for illegal immigrants who come forward as a victim or a witness to a criminal offense.

Establishing civil action for the victims or family members of crimes committed by illegal immigrants benefitting from a sanctuary policy
The legislation establishes a private right of action for any individual, spouse, or child who is a victim a violent crime or felony that was a result of a sanctuary jurisdiction failing to comply with a lawful request made by the Department of Homeland Security and refused to comply with a detainer or notify DHS about the release of an illegal immigrant.

Withholding grant funding for jurisdictions that refuse to comply with lawful requests
The legislation requires any state or political subdivision of a state to waive immunity as it relates to sanctuary-related civil action as a condition of receiving Community Development Block Grant funds (CDBG) and certain Economic Development Administration grants. The failure to waive immunity on sanctuary-related civil action will result in the withholding of grants for public works, grants related to planning administrative expenses, and grants for training, research, and technical assistance.

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