Justice for Victims of Sanctuary Cities and Fallen Law Enforcement Act of 2026
Sponsored By: Senator Sen. Tillis, Thomas [R-NC]
Introduced
Summary
Creates civil liability for sanctuary jurisdictions. This bill would let victims sue States or localities for serious crimes committed by immigrants who benefited from sanctuary policies and would also tie some federal grants to immunity waivers, require cooperation with Department of Homeland Security detainers, and increase penalties for crimes against officers.
Show full summary
- Families and victims: Victims or heirs could bring federal or state lawsuits for murder, rape, or any state-defined felony tied to an alien processed under DHS. Lawsuits face a 10-year statute of limitations and prevailing plaintiffs can recover reasonable attorney fees and other costs.
- State and local governments: States and subdivisions that accept specified federal grants must waive sovereign immunity for sanctuary-related civil actions. The grant types named include certain DHS public works and planning grants and community development block grants.
- Law enforcement officers: Assaults causing serious injury with weapons that traveled in interstate commerce would carry a minimum 20-year sentence. Murder of a federal or state or local officer linked to interstate commerce would be treated as first-degree murder and the Attorney General must report prosecutions to Judiciary committees within 3 years.
- Federal-state cooperation and liability: Officers acting pursuant to a DHS detainer would be deemed DHS agents and detainer-related claims would substitute the United States as defendant with the exclusive remedy under 28 U.S.C. 1346(b). The bill also states it does not provide immunity to anyone who knowingly violates civil or constitutional rights.
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 2 benefits, 0 costs, 3 mixed.
Victims' lawsuits over sanctuary harms
If enacted, the bill would let a victim — or a victim's spouse, parent, or child if the victim died or is permanently disabled — sue a State or local government when an alien who was arrested, convicted, or sentenced at least one year later committed murder, rape, or another qualifying felony and the jurisdiction ignored a DHS detainer or failed to notify DHS of the alien's release. A prevailing plaintiff could recover compensatory damages and reasonable attorney and expert fees. Suits would have to be filed within 10 years after the later of the crime or the death caused by the crime.
Stronger federal penalties for attacks on officers
If enacted, the bill would increase federal penalties for assaults and murders of law enforcement officers when interstate commerce is involved. It would make certain murders of Federal officers (and of State or local officers in some interstate cases) punishable as first-degree murder under federal law. It would also set a mandatory minimum sentence of at least 20 years for assaults that cause serious bodily injury in those covered cases. The Attorney General would have to report to Congress within three years on prosecutions under these rules.
Local officials following federal detainers
If enacted, the bill would treat a State, local government, or officer who acts under a DHS detainer as an agent of the federal government. Officials acting in accordance with a detainer would be treated like federal employees, and the exclusive remedy for detainer-related seizures or detentions would be under the Federal Tort Claims Act with the United States substituted as defendant. The bill says this does not protect anyone who knowingly violates civil or constitutional rights.
Who counts as 'alien' or sanctuary
If enacted, the bill would define key terms used throughout the measure. It would use the federal definition of 'alien' from 8 U.S.C. 1101(a)(3). A 'sanctuary jurisdiction' would be any State or local government whose laws, policies, or practices bar sharing immigration status information or that prevent complying with DHS detainer requests or notifications, with a carved‑out exception for victims or witnesses who come forward. The bill would also define who can bring a 'sanctuary-related civil action.'
Grant funding tied to liability
If enacted, the bill would make certain federal grants conditional on a State or local government giving up sovereign immunity for sanctuary-related civil suits. Covered grants include several Economic Development Administration grant types and Community Development Block Grants under Title I, but not CDBG disaster relief tied to a Presidential disaster declaration. Jurisdictions that accept these grants would be exposed to more civil suits; those that refuse the waiver could lose these federal funds.
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Sponsors & CoSponsors
Sponsor
Sen. Tillis, Thomas [R-NC]
NC • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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