This bill would try to prevent so-called sanctuary jurisdictions — states and localities that don’t enforce federal immigration law — from refusing to honor detainers issued by Immigration and Customs Enforcement (ICE) for unauthorized immigrants by withholding certain federal law enforcement grants. It would also establish probable cause standards for the issuance of detainers, protect jurisdictions that comply with ICE detainers, and unauthorized immigrants who are convicted of drunk driving or arrested for other dangerous crimes are detained during their removal proceedings.
Jurisdictions that honor ICE detainers would be protected would be protected from lawsuits, whereas those that ignore or reject ICE detainers could be sued by the victims of crimes committed by an unauthorized immigrant released on bond by that jurisdiction.
This bill would also enact a provision entitled Sarah and Grant’s Law, which would prohibit unauthorized immigrants convicted of driving under the influence, or who have been arrested or charged with a serious crime resulting in the death or bodily harm of another person from being released while they await removal proceedings. Unauthorized immigrants detained under this authority would only be eligible for bond if they can show clear and convincing evidence that they aren’t a flight risk or a danger to the community.