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H.R. 1928 (116th): No Sanctuary for Criminals Act of 2019


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Mar 27, 2019.


No Sanctuary for Criminals Act of 2019

This bill bars any government entity or individual from prohibiting or restricting a government entity, official, or other personnel from (1) complying with immigration laws, (2) cooperating with immigration enforcement, (3) making inquiries to an individual to obtain immigration-related information, or (4) complying with immigration-related informational inquiries from federal law enforcement entities. States or local entities that fail to comply with such a bar shall be ineligible for certain federal funds and grants for at least one year. (Such provisions expand on current provisions barring a government entity or official from prohibiting or restricting a government entity or official from exchanging certain information with federal immigration officials.)

The Department of Homeland Security (DHS) may issue a detainer as to an individual in federal or state custody if DHS has probable cause to believe the individual is an inadmissible or deportable alien. (Currently, the statute allows immigration officials to issue a detainer for an individual who has been arrested for violating a controlled substance-related law if such officials have reason to believe the individual is violating immigration laws. Current DHS policy allows for the issuance of detainers in other situations as well, though this policy has been called into question by a federal district court, and this bill would provide statutory authority for the current policy.)

A victim of a felony (or certain close relatives) for which an alien has been convicted and sentenced for at least one year may sue each state or local government entity or official if the defendant (1) refused to honor an immigration-law related detainer and released the alien from custody prior to the crime, or (2) has a policy of not complying certain immigration enforcement-related laws.