I
119THCONGRESS
1
STSESSION H. R. 1680
To amend the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 to expand the prohibition on State noncompliance with
enforcement of the immigration laws, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY27, 2025
Mr. E
VANSof Colorado (for himself, Mr. CRANK, Ms. BOEBERT, and Mr.
H
URDof Colorado) introduced the following bill; which was referred to
the Committee on the Judiciary
A BILL
To amend the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 to expand the prohibition
on State noncompliance with enforcement of the immi-
gration laws, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Unhandcuffing Police 4
to Locate and Interdict Foreign Transgressors Act’’ or the 5
‘‘UPLIFT Act’’. 6
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SEC. 2. PURPOSE. 1
Given recent infiltration of American communities by 2
transnational criminal organizations such as Tren de 3
Aragua, the Sinaloa Cartel, and MS–13 and the accom-4
panying rise in crime that continue to impact American 5
neighborhoods, the purposes of this act is to require law 6
enforcement and other public servants in sanctuary juris-7
dictions to fully cooperate with the Departments of Justice 8
and Homeland Security to protect American citizens and 9
mitigate the flow of opioids, fentanyl, and other illicit 10
drugs. 11
SEC. 3. NONCOMPLIANCE WITH ENFORCEMENT OF IMMI-12
GRATION LAW IN SANCTUARY JURISDIC-13
TIONS. 14
(a) I
NGENERAL.—Section 642 of the Illegal Immi-15
gration Reform and Immigrant Responsibility Act of 1996 16
(8 U.S.C. 1373) is amended— 17
(1) by amending subsection (a) to read as fol-18
lows: 19
‘‘(a) I
NGENERAL.—Notwithstanding any other pro-20
vision of Federal, State, or local law, no Federal, State, 21
or local government entity, and no individual, may prohibit 22
or in any way restrict, a Federal, State, or local govern-23
ment entity, official, or other personnel from complying 24
with the immigration laws and policies of the United 25
States or from assisting or cooperating with Federal law 26
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enforcement entities, officials, or other personnel regard-1
ing the enforcement of the immigration laws.’’; 2
(2) by amending subsection (b) to read as fol-3
lows: 4
‘‘(b) L
AWENFORCEMENT ACTIVITIES.—Notwith-5
standing any other provision of Federal, State, or local 6
law, no Federal, State, or local government entity, and no 7
individual, may prohibit, or in any way restrict, a Federal, 8
State, or local government entity, official, or other per-9
sonnel from undertaking any of the following law enforce-10
ment activities with respect to information regarding the 11
citizenship or immigration status, lawful or unlawful, the 12
inadmissibility or deportability, or the custody status, of 13
any individual: 14
‘‘(1) Making inquiries to any individual in order 15
to obtain such information regarding such individual 16
or any other individuals reasonably suspected of 17
being involved in a crime. 18
‘‘(2) Notifying the Federal Government regard-19
ing the presence of individuals reasonably suspected 20
of being involved in a crime who are encountered by 21
law enforcement officials or other personnel of a 22
State or political subdivision of a State. 23
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‘‘(3) Complying with requests for such informa-1
tion from Federal law enforcement entities, officials, 2
or other personnel.’’; 3
(3) in subsection (c), by striking ‘‘Immigration 4
and Naturalization Service’’ and inserting ‘‘Depart-5
ment of Homeland Security’’; 6
(4) by adding at the end the following: 7
‘‘(d) G
OVERNMENTINVOLVEMENT IN IMMIGRATION 8
D
ETENTION.—Not withstanding any other provision of 9
Federal, State, or local law, no Federal, State, or local 10
government entity, and no individual, may in any way re-11
strict a Federal, State, or local government entity, official, 12
or other personnel from— 13
‘‘(1) entering into an agreement for the deten-14
tion of individuals in an immigration detention facil-15
ity that is owned, managed, or operated by a private 16
entity; 17
‘‘(2) selling any government-owned property for 18
the purpose of establishing an immigration detention 19
facility that is or will be owned, managed, or oper-20
ated by a private entity; 21
‘‘(3) paying any costs related to the sale, pur-22
chase, construction, development, ownership, man-23
agement, or operation of an immigration detention 24
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facility that is or will be owned, managed, or oper-1
ated by a private entity; or 2
‘‘(4) receiving any payment related to the de-3
tention of individuals in an immigration detention 4
facility that is owned, managed, or operated by a 5
private entity. 6
‘‘(e) S
TANDING FORLOCALJURISDICTIONSTOSEEK 7
I
NJUNCTIVERELIEF.—Any local government entity alleg-8
ing a violation of subsection (a), (b), or (d) by the State 9
in which the entity is located that harms such entity or 10
its residents shall have standing to bring an action against 11
the respective State on behalf of such entity or the resi-12
dents of such entity in an appropriate district court of the 13
United States to obtain appropriate injunctive relief. The 14
court shall advance on the docket and expedite the disposi-15
tion of a civil action filed under this subsection to the 16
greatest extent practicable. For purposes of this sub-17
section, local government entity or its residents shall be 18
considered to have been harmed if the entity or any of 19
its residents experience harm, including financial harm in 20
excess of $100. 21
‘‘(f) C
OMPLIANCE.— 22
‘‘(1) A
NNUAL DETERMINATION .—The Secretary 23
of Homeland Security shall determine, for each cal-24
endar year, which States or local government entities 25
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are not in compliance with subsection (a) or (b) or 1
(d) and shall report such determinations to Congress 2
by March 1 of each succeeding calendar year. 3
‘‘(2) R
EPORTS.—The Secretary shall issue a re-4
port concerning the compliance with subsections (a) 5
and (b) of any particular State or local government 6
entity at the request of the Committee on the Judi-7
ciary of the House of Representatives or the Com-8
mittee on the Judiciary of the Senate. 9
‘‘(g) C
ONSTRUCTION.—Nothing in this section shall 10
require law enforcement officials from States, or from 11
local government entities, to report or arrest victims of 12
or witnesses to a criminal offense.’’. 13
SEC. 4. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 14
(a) I
NGENERAL.—Section 287(d) of the Immigra-15
tion and Nationality Act (8 U.S.C. 1357(d)) is amended 16
to read as follows: 17
‘‘(d) D
ETAINER OFINADMISSIBLE ORDEPORTABLE 18
A
LIENS.— 19
‘‘(1) I
N GENERAL.—In the case of an individual 20
who is arrested by any Federal, State, or local law 21
enforcement official or other personnel for the al-22
leged violation of any criminal or motor vehicle law, 23
the Secretary may issue a detainer regarding the in-24
dividual to any Federal, State, or local law enforce-25
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ment entity, official, or other personnel if the Sec-1
retary has probable cause to believe that the indi-2
vidual is an inadmissible or deportable alien. 3
‘‘(2) P
ROBABLE CAUSE.—The Secretary may 4
establish proabable cause if— 5
‘‘(A) the individual who is the subject of 6
the detainer matches, pursuant to biometric 7
confirmation or other Federal database records, 8
the identity of an alien who the Secretary has 9
reasonable grounds to believe to be inadmissible 10
or deportable; 11
‘‘(B) the individual who is the subject of 12
the detainer is the subject of ongoing removal 13
proceedings, including matters where a charg-14
ing document has already been served; 15
‘‘(C) the individual who is the subject of 16
the detainer has previously been ordered re-17
moved from the United States and such an 18
order is administratively final; 19
‘‘(D) the individual who is the subject of 20
the detainer has made voluntary statements or 21
provided reliable evidence that indicate that 22
they are an inadmissible or deportable alien; or 23
‘‘(E) the Secretary otherwise has probable 24
cause to believe that the individual who is the 25
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subject of the detainer is an inadmissible or de-1
portable alien. 2
‘‘(3) T
RANSFER OF CUSTODY .—If the Federal, 3
State, or local law enforcement entity, official, or 4
other personnel to whom a detainer is issued com-5
plies with the detainer and detains the individual 6
who is the subject of the detainer for purposes of 7
transfer of custody to the Department of Homeland 8
Security, the Department may take custody of the 9
individual within 48 hours (excluding weekends and 10
holidays), but in no instance more than 96 hours, 11
following the date that the individual is otherwise to 12
be released from the custody of the relevant Federal, 13
State, or local law enforcement entity.’’. 14
(b) I
MMUNITY; PRIVATERIGHT OFACTION.—Section 15
287 of the Immigration and Nationality Act (8 U.S.C. 16
1357) is amended by adding at the end the following: 17
‘‘(i) I
MMUNITY.— 18
‘‘(1) I
N GENERAL.—A State or a political sub-19
division of a State (and the officials and personnel 20
of the State or subdivision acting in their official ca-21
pacities), and a nongovernmental entity (and its per-22
sonnel) contracted by the State or political subdivi-23
sion for the purpose of providing detention, acting in 24
compliance with a Department of Homeland Secu-25
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rity detainer issued pursuant to subsection (d), that 1
temporarily holds an alien in its custody pursuant to 2
the terms of such detainer so that the alien may be 3
taken into the custody of the Department of Home-4
land Security, shall be considered to be acting under 5
color of Federal authority for purposes of deter-6
mining the liability, and immunity from suit, of the 7
State or political subdivision of a State in a civil ac-8
tion brought under Federal or State law and shall 9
not be liable for their compliance with the detainer 10
in any suit seeking any punitive, compensatory, or 11
other monetary damages. 12
‘‘(2) F
EDERAL GOVERNMENT AS DEFEND -13
ANT.—In any civil action described in paragraph 14
(1), the United States shall be the proper party 15
named as the defendant in the action. 16
‘‘(3) B
AD FAITH EXCEPTION .—Paragraphs (1) 17
and (2) shall not apply to any mistreatment of an 18
individual by a State or a political subdivision of a 19
State (and the officials and personnel of the State 20
or subdivision acting in their official capacities), or 21
a nongovernmental entity (and its personnel) con-22
tracted by the State or political subdivision for the 23
purpose of providing detention. 24
‘‘(j) P
RIVATERIGHT OFACTION.— 25
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‘‘(1) CAUSE OF ACTION.—Any individual, or a 1
spouse, parent, or child of that individual (if the in-2
dividual is deceased), who is the victim of a murder, 3
rape, or any felony, under State or Federal law, for 4
which an alien has been convicted and sentenced to 5
a term of imprisonment of at least 1 year, may 6
bring an action against a State or political subdivi-7
sion of a State in the appropriate Federal or State 8
court if the State or political subdivision released the 9
alien from custody prior to the commission of such 10
crime as a consequence of the State or political sub-11
division’s declining to honor a detainer issued pursu-12
ant to subsection (d). 13
‘‘(2) L
IMITATION ON BRINGING ACTION .—An 14
action brought under this subsection may not be 15
brought later than 10 years following the date on 16
which the crime was committed, or the date on 17
which the victim died as a result of such crime, 18
whichever occurs later. 19
‘‘(3) A
TTORNEYS’ FEE AND OTHER COSTS .—In 20
any action under this subsection the court shall 21
award a prevailing plaintiff a reasonable attorneys’ 22
fee as part of the costs, and include expert fees as 23
part of the attorneys’ fee.’’. 24
Æ
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