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senate Bill S. 2059

Should Individuals Harmed by Sanctuary City Policies be Allowed to Pursue Civil Remedies?

Argument in favor

Sanctuary city policies put law-abiding citizens at risk. While it’s not possible to prevent local governments from adopting sanctuary city policies, such places should be subject to civil actions to compensate people harmed by such policies.

Gopin2020's Opinion
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08/19/2019
Sanctuary policies are unconstitutional and criminal. Class action and individual suits should be pursued for angel families who have lost loved ones or suffered themselves. Violating Federal laws must end. #MAGA
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Sean's Opinion
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08/19/2019
Your local government has the responsibility to protect its citizens. If they want to disobey federal law and allow non vetted non citizens to roam their streets then that’s a risk they are willing to take. Any death or harm caused by someone who is here illegally is pure negligence. Hold them accountable!
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Terry's Opinion
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08/19/2019
Duh. These cities are in violation of Federal Laws and Immigration regulations too.
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Argument opposed

Sanctuary jurisdiction policies make cities safer. By making jurisdictions subject to civil action for having such policies, this bill would make them less likely to adopt sanctuary city policies.

jimK's Opinion
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08/19/2019
Will the Republicans ever stop with the race-based fear mongering? Immigrants seeking sanctuary are peaceful and want to avoid being on anybody's radar. Are there going to be a few exceptions? sure. But his legislation is ridiculous. This is just another coordinated effort to deflect our attention from trump's implicit support of White Supremacists and the efforts to get realistic gun control measures passed- eg. because the "evil sanctuary seeking immigrants" require that I keep myself armed to the teeth. Come on pubs' give it up- just stand up to the NRA and pass the legislation that your kids and grandkids would want. Quit wasting our time with these asinine attempts to deflect attention from gun control legislation that the NRA does not want. Get a conscience JEEZZ!
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Nancy's Opinion
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08/19/2019
I’m more concerned about homegrown domestic terrorists (particularly white supremacists) than about immigrants, and seeking asylum is legal. And Republicans/Conservatives are supposed to stand up for minimal federal oversight and State’s rights
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Cyndi's Opinion
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08/19/2019
What kind of bullshit is this?!?! Sanctuary cities are standing up against an administration that is racist and illegally kidnapping children from their parents, separating families already here and an administration ignoring asylum laws all because of the fear of our changing demographics.
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bill Progress


  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedJuly 9th, 2019

What is Senate Bill S. 2059?

This bill — the Justice for Victims of Sanctuary Cities Act of 2019 — would provide a civil remedy for individuals harmed by “sanctuary jurisdiction” policies. The statute of limitations for such actions would be 10 years. Any sanctuary city or jurisdiction that refuses to waive its immunity from sanctuary-related civil action would be subject to the withholding of certain Community Development Block Grant (CDBG) funding.

Sanctuary jurisdictions would be defined as state or local governments which have a statute, policy, or practice that prohibits or restricts the sharing of information regarding an individual’s immigration status, or compliance with a lawfully issued detainer request or a notification of release request.

Impact

Sanctuary cities; people harmed by sanctuary city policies; and civil actions to remedy those affected by sanctuary city policies.

Cost of Senate Bill S. 2059

A CBO cost estimate is unavailable.

More Information

In-DepthSen. Thom Tillis (R-NC) introduced this bill in response to sanctuary policies in his home state of North Carolina, which he argues have resulted in dangerous environments for citizens

“Earlier this month, the Mecklenburg County (NC) Sheriff’s Office refused to notify ICE and comply with a lawful detainer request when it released a dangerous illegal immigrant from county jail who was charged with multiple domestic violence charges for strangling a woman and threatening to kill her. This was only one of more than 20 troubling instances this year of the Mecklenburg County Sheriff’s Office releasing potentially dangerous individuals after refusing to comply with detainer requests. The reckless sanctuary policy prompted criticism from the U.S. Attorney for the Western District of North Carolina. 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. If politicians want to prioritize reckless sanctuary policies over public safety, they should also be willing to provide just compensation for the victims.”

In a statement to McClatchy, Sen. Tillis added:

“If you, as a local elected official, believe that your policies are consistent with your electorate and you want to do these policies, we’ll defer to the local government. But if you get it wrong, the victims are going to have rights.”

Original cosponsor and Senate Judiciary Committee Chairman Lindsey Graham (R-SC) adds

“A good piece of legislation that is long overdue. 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.”

House sponsor Rep. Ted Budd (R-NC) says

“I’ve been following sanctuary cities for some time now and the effects that they have on local communities. I’ve found that sanctuary cities’ failure to cooperate with Immigration and Customs Enforcement (ICE) is reckless and has had a real cost on society, both economically and in terms of human lives. It strikes me as common sense to introduce and pursue legislation that allows families and victims recourse against municipalities and policies that have caused them so much damage. Currently, they have none. I want to thank Rep. Bradley Bryne for introducing this bill with me in the House and Senator Thom Tillis for his leadership on this issue in the Senate.”

One Nation supports this bill. In a press release, its Communications Director, Jack Pandol, says

“One Nation has a long track record of advocating against lawless ‘sanctuary cities’ that put their own residents at risk in the name of liberal ideology. Senator Tillis’ legislation holds rogue jurisdictions accountable and protects law-abiding citizens from dangerous criminals who have also broken our immigration laws. We’re in this fight for the long haul and are encouraged that Senator Tillis and his colleagues are committed to making our communities safer.”

President Trump has consistently criticized sanctuary cities. He has also contended that they encourage unauthorized immigration. Earlier this year, he considered placing unauthorized immigrants into sanctuary cities as punishment, but ultimately decided not to. At the time, he said

“We'll bring them to sanctuary city areas and let that particular area take care of it, whether it's a state or whatever it might be. California certainly is always saying, 'Oh, we want more people.' And they want more people in their sanctuary cities. Well, we'll give them more people. We can give them a lot. We can give them an unlimited supply, and let's see if they're so happy." 

President Trump has praised this bill, saying it will “give American victims the right to sue sanctuary cities and hold them accountable for the thousands of lives they have shattered.” 

After this bill’s introduction, Mecklenburg County Sheriff Garry L. McFadden released a statement in response

“Published summaries of the ‘Justice for Victims of Sanctuary Cities Act’ suggest that this proposed legislation would set priorities for public safety in direct defiance of the demands of a huge number of North Carolinians, including the overwhelming majority of those living in seven of the state’s largest counties which make up close to 40% of the state’s total population. Sheriffs are elected to honor the mandates of their respective local communities with regard to, among other things, honoring voluntary Immigrations and Customs Enforcement (ICE) detainers and entering into 287(g) Agreements with ICE. Any attempt to force Sheriffs nationwide to detain individuals for Immigration and Customs Enforcement (ICE) will not only negatively impact public safety in Mecklenburg County, NC, it will significantly erode the authority of all duly elected Sheriffs. The proposed legislation would strip the ability of states and local communities to establish their own public safety policies within their respective jurisdictions. Senator Tillis claims this is “commonsense legislation that will enhance public safety and hold sanctuary jurisdictions accountable for their refusal to cooperate with federal law enforcement.” Where is the concerted effort to hold the federal government accountable for its own significant immigration law failures? Where is the justice for the victim of a crime let alone the community as a whole that deserves to see charges prosecuted and the accused held accountable rather than simply deported before the criminal justice system has had the chance to work? If ICE believes an individual to be so extremely dangerous that he should remain in custody notwithstanding his ability to meet the terms and conditions of release set by a state court judge or magistrate, and ICE knows that individual has been previously deported, ICE can seek federal felony charges which would require a local Sheriff to hold that individual in custody. But legislation aimed at strong-arming the nation’s duly elected Sheriffs and bullying local governments into cooperation with ICE would be not only unconstitutional, it would do nothing to enhance public safety or cure the many decades of failures by the federal government to resolve ICE issues.”

In Sen. Tillis’ home state of North Carolina, several black sheriffs, particularly in large metropolitan areas across the state, swept into office last November promising to limit their collaboration with ICE. In Mecklenburg and Wake Counties, new sheriffs pulled out of the 287(g) program, a voluntary partnership that has some deputies effectively work as ICE officers. Those sheriffs, along with sheriffs in three other counties, have also stopped honoring immigration detainers to hold inmates for up to 48 hours after they’ve completed their sentences or posted bond so that federal agents can come pick them up.

Sanctuary policy proponents, such as California Gov. Gavin Newsom and New York City Mayor Bill de Blasio (both Democrats), argue that these policies actually make cities safer because unauthorized immigrants are more likely to cooperate with local law enforcement if they aren’t constantly in fear of deportation.

El Pueblo, Inc., a Raleigh-based advocacy group for immigrants, opposes this legislation. Its political director, Moises Serrano, says this proposal interferes in local law enforcement’s efforts to build trust with immigrant communities

“Cooperation with ICE is optional. Local counties and local sheriffs are within their full federal right to not comply with immigration authorities. This legislation is about specifically demonizing and spreading xenophobia about the immigrant community.”

This bill has eight Senate cosponsors. Its House companion, sponsored by Rep. Ted Budd (R-NC), has one House cosponsor, Rep. Bradley Byrne (R-AL).


Of Note: There have been cases of U.S. citizens and residents being physically hurt — and even killed — by unauthorized immigrants. For example, Alexander Mazin, 27, was shot and killed in a San Diego parking lot in February 2018. The suspected shooter, Ernesto Castellanos Martinez, was reported to be the ex-boyfriend of the women Mazin had recently started dating and a twice-deported unauthorized immigrant. After killing Mazin, he fled to Mexico. 

In another case in Houston in 2015, Spencer Golvach was shot and killed by an unauthorized immigrant at a traffic light. His mother, Julie Golvach, said in a  January 2019 on "Fox & Friends" that the unauthorized immigrant crisis only seems "manufactured" to Democratic leadership because "they are sitting safely behind walls." She said that "for those of us out in regular America, we are victims, we are prone to the victimization of illegal aliens and crime."


Media:

Summary by Lorelei Yang

(Photo Credit: iStockphoto.com / nwbob)

AKA

Justice for Victims of Sanctuary Cities Act of 2019

Official Title

A bill to provide a civil remedy for individuals harmed by sanctuary jurisdiction policies, and for other purposes.

    Sanctuary policies are unconstitutional and criminal. Class action and individual suits should be pursued for angel families who have lost loved ones or suffered themselves. Violating Federal laws must end. #MAGA
    Like (48)
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    Will the Republicans ever stop with the race-based fear mongering? Immigrants seeking sanctuary are peaceful and want to avoid being on anybody's radar. Are there going to be a few exceptions? sure. But his legislation is ridiculous. This is just another coordinated effort to deflect our attention from trump's implicit support of White Supremacists and the efforts to get realistic gun control measures passed- eg. because the "evil sanctuary seeking immigrants" require that I keep myself armed to the teeth. Come on pubs' give it up- just stand up to the NRA and pass the legislation that your kids and grandkids would want. Quit wasting our time with these asinine attempts to deflect attention from gun control legislation that the NRA does not want. Get a conscience JEEZZ!
    Like (120)
    Follow
    Share
    I’m more concerned about homegrown domestic terrorists (particularly white supremacists) than about immigrants, and seeking asylum is legal. And Republicans/Conservatives are supposed to stand up for minimal federal oversight and State’s rights
    Like (56)
    Follow
    Share
    What kind of bullshit is this?!?! Sanctuary cities are standing up against an administration that is racist and illegally kidnapping children from their parents, separating families already here and an administration ignoring asylum laws all because of the fear of our changing demographics.
    Like (53)
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    Share
    There are already penalties for harm caused by ANYBODY! Stop your xenophobic, racist bullshit!
    Like (35)
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    anything my useless senator puts forward should be stopped. He is a stupid tool of Moscow Mitch, #45, and the NRA/ GOP machine.
    Like (31)
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    Fear mongering nonsense. The statistics don’t support this. Pass gun safety laws.
    Like (27)
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    Your local government has the responsibility to protect its citizens. If they want to disobey federal law and allow non vetted non citizens to roam their streets then that’s a risk they are willing to take. Any death or harm caused by someone who is here illegally is pure negligence. Hold them accountable!
    Like (24)
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    Duh. These cities are in violation of Federal Laws and Immigration regulations too.
    Like (20)
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    An ever growing list of trumps accomplishments: Obstruction of Justice. Profiting from the Presidency. Collusion - They had a meeting & lied about it. Advocating political & police violence. Abuse of power. Engaging in reckless behavior. Persecuting political opponents. Attacking the free press. Violating immigrants Right to Due Process. Violating campaign finance laws. Speaks directly to and often tweeting straight from white supremacists. Calls them very fine people. Told fellow congresswomen to go back where they came from. Called them shit hole countries. Called them murderers and rapists. Calls her Pocahontas. Took out full page adds calling for the death of five innocent black kids in New York, 1989. Literally has said in an interview he has Hitlers speeches, My New Order in his nightstand. Spent campaign finance money on hush payments to silence a porn star he had an affair with in order to hide it from the voters. Has spent over $100 million of our tax dollars playing golf at his own golf courses. Has never divested from companies and advertises and profits off the White House. Was going to cut Medicaid and Medicare funding to pay for the tax cuts he gave to the rich. Is actively destroying farmers lives with his trade wars that we all know only hurts our pockets not Chinas. Has made the lives of every truck driver across America as well as our own, more dangerous by removing safety regulations that only benefits the pockets of the CEOs of those companies. Has removed any and all protections we had in place from work safety, environment, women’s rights, LGBTQ rights and gives that power back to the CEOs, oil companies, men and old white men. Accused by more than 20 women of molestation and rape. Bragged about said molestation. Has cheated on all three wives (see above). Has made sexual remarks on camera about his daughter. Took the side of Putin over America’s own security agencies on the national stage. Lacks the intelligence and facts needed to communicate on a global level much less national one. Makes policy decisions based on FOX media. Lies when speaks. Lied about meetings with Russians. Lied about a trump tower Moscow. Personal attorney Michael Cohen (same guy who broke campaign finance laws under trumps direction) had contacts with russian officials. National Security aide Flynn resigned over Russian contacts. Jeff Sessions recused himself because of Russian contacts. Manafort resigned because of Russian contacts. Campaign foreign policy adviser Papadopoulos met with Russians. Sixteen campaign officials had contacts with Russia and at least nine others new about it. Russian mobster lived in trump tower. trump casino was flagged 106 times for lax money laundering standards and same Russian frequently stayed at trump casino. Has been selling real estate to Russians for years. It really is surprising how many connections to Russians this man has. Rick Scott, Marco Rubio, Bill Posey You are my representatives. OLC policy: The indictment or criminal prosecution of a sitting President would unconstitutionally undermine the capacity of the executive branch to perform its constitutionally assigned functions. It’s time to do your job. You swore an oath to this country, it’s people and me to uphold the constitution. The president has never upheld that oath. How do you want to be remembered?
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    No, just how do you objectively define someone being hurt by Sanuaury Cities? This is just another example of the administration trying to spread fear.
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    Harboring criminals is a Federal crime. Saying sanctuary cities are above the law is an insult to every American citizen. How many times does one need to explain the difference between Legal and Illegal. I do not want my tax dollars going towards Illegal activities and neither should any other Law Abiding Citizen.
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    Sanctuary city policies put law-abiding citizens at risk. While it’s not possible to prevent local governments from adopting sanctuary city policies, such places should be subject to civil actions to compensate people harmed by such policies.
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    The GOP is all about local authority until it gets in the way of its racist agenda.
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    You are missing the point. We should NOT HAVE sanctuary cities because we shouldn’t NEED sanctuary cities if the party politicians would accomplish what the were elected to do. REFORM IMMIGRATION!
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    100% agree. It is not in a local politicians preview to override the federal govt on this topic. It is well established process. If they want to break the law they should be held accountable.
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    All Citizens should have the right to sue for harm created by and due to Conservatism. All students and families harmed by Conservatism, Conservative Ideologies, should receive reparations. Conservatism harms and kills and causes mental illness, such that a victim believes the Fox News is factual, evidence-based and reality. These victims believe that Conservatives see them as real human beings, and actually have their best interests as their highest priority.
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    Don’t abuse people, these are humans, not mosquitos. We didn’t have a real immigration issues, until trump created it, Republicans, with no real issues for all Americans, are using baby’s and children, as rocks and weapons to attack real people. This is another, attempt, to weaken people from common sense, and apathy, and turn their base, further into stupid attack animals for no one benefit and stealing their bases money.
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    👍🏻 Senate Bill S. 2059 Aka Justice for Victims of Sanctuary Cities Act” 👍🏻 I’m in full agreement with and recommend the passage of Senate Bill S. 2059 Aka “Justice for Victims of Sanctuary Cities Act of 2019” which would provide a civil remedy for individuals harmed by “sanctuary jurisdiction” policies. The statute of limitations for such actions would be 10 years. Any sanctuary city or jurisdiction that refuses to waive its immunity from sanctuary-related civil action would be subject to the withholding of certain Community Development Block Grant (CDBG) funding. Sanctuary city policies put law-abiding citizens at risk. While it’s not possible to prevent local governments from adopting sanctuary city policies, such places should be subject to civil actions to compensate people harmed by such policies. SneakyPete..... 👍🏻👍🏻 S-2059 👍🏻👍🏻. 8.19.19.....
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    Is he proposing that citizens that disagree with what their local government is doing can seek remedies through the federal courts system? What local statutes does the federal government what to allow local citizens to sue their local government? Down the road will this include being able to sue them because the maximum speed in front of my house is to high?
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