Shut Down Sanctuary Act (H.R. 7640)

Summary

Requires state and local police to cooperate with federal immigration officers and punishes cities that do not by taking away federal money.

What problem does this solve?

Some cities and states choose not to help federal officers enforce immigration laws, which some believe lets dangerous people stay in the country. This bill forces them to cooperate by threatening to cut their funding and creating new legal rules.

What does this bill do?

Withholds federal funds from sanctuary jurisdictions

Stops states and cities that do not help with immigration enforcement from getting certain federal money for law enforcement from the Department of Justice and Department of Homeland Security.

Allows victims to sue sanctuary jurisdictions

Creates a new rule that lets victims of certain serious crimes sue a state or local government if it released an undocumented immigrant who then committed the crime, after refusing a federal request to hold them.

Provides legal immunity for cooperation

Protects state and local governments and their employees from being sued for damages if they hold a person based on a federal immigration detainer.

Overrides conflicting state and local laws

States that this federal law is more powerful than any state or local laws or policies that try to stop cooperation with federal immigration enforcement.

Requires federal government to defend cooperating officials

If a local government is sued for helping federal immigration agents, the U.S. government must step in and become the defendant in the lawsuit.

Reallocates withheld funds

Takes any money that was withheld from a non-cooperating city or state and gives it to other cities and states that do follow the rules.

Allows lawsuits for past crimes

Lets victims bring lawsuits for crimes that were committed up to 10 years before this bill becomes law.

Who does this affect?

State and local governments
Law enforcement agencies
Undocumented immigrants

What is the real world impact?

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Limits state and local self-governance

Overrides state and local laws, which critics argue infringes on the right of communities to decide how to best use their law enforcement resources and build trust with immigrant populations.

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Increases cooperation on immigration enforcement

Ensures that local and state police work with federal immigration agents to identify and remove undocumented immigrants who have been arrested for crimes.

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Creates legal protection for local police

Protects local governments and their employees from being sued if they choose to hold an individual for federal immigration agents, making them more likely to cooperate.

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Pressures cities through financial penalties

Uses the threat of losing federal law enforcement grants to force 'sanctuary cities' to change their policies and comply with federal immigration requests.

When does this start?

The rules would start as soon as the bill becomes law, but some parts have specific timelines.

Annual review of sanctuary jurisdictions

By March 1 of each year, the Department of Homeland Security must report which states and cities are not cooperating with immigration enforcement.

Lawsuits for past crimes

Allows victims to sue over crimes that happened up to 10 years before this bill becomes law.

Time limit for lawsuits

Actions against a sanctuary jurisdiction must be filed within 10 years of the crime.