Justice for Victims of Sanctuary Cities Act of 2025
Sponsored By: Senator Tillis, Thomas [R-NC]
Introduced
Summary
Creates a private right of action that lets certain crime victims sue state and local “sanctuary” jurisdictions for failing to honor Department of Homeland Security detainer or release‑notification requests. It also ties some federal grants to a waiver of immunity and treats local officials who comply with DHS detainers as acting for the federal government.
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- Families and victims: Victims or their survivors of murder, rape, or any felony for which an alien was arrested, convicted, or sentenced to at least 1 year could sue a sanctuary jurisdiction for failing to comply with a DHS detainer or to notify DHS about an alien’s release. Plaintiffs have a 10‑year statute of limitations and may recover compensatory damages and attorney fees.
- State and local governments: States and subdivisions that accept certain Public Works and Economic Development grants and most Community Development Block Grants must waive immunity for these sanctuary‑related civil actions as a condition of receiving the grant.
- Local officers and liability: A jurisdiction or employee who complies with a DHS detainer is deemed to be acting as an agent of the Department of Homeland Security and generally is protected from suit. If actions were taken in accordance with the detainer, the United States is substituted as defendant and remedies follow federal tort claim procedures, but there is no immunity for knowing violations of civil or constitutional rights.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Shield for officers who honor detainers
If enacted, the bill would treat a State or local government that follows a DHS detainer as acting for DHS. Officers who act in accordance with a detainer would be treated as federal employees and the United States would replace the State as the defendant in lawsuits. The bill requires those jurisdictions to follow certain DHS rules when they act under a detainer. It also says nothing in this section protects anyone who knowingly violates civil or constitutional rights.
Grant condition: waive state immunity
If enacted, the bill would require a State or local government that accepts certain federal grants to agree to waive immunity for sanctuary-related lawsuits. The listed grants include public works and economic development grants, planning and administrative grants, certain supplemental and training grants, and community development block grants. Disaster relief CDBG grants tied to a Presidential disaster declaration would be excepted. This condition would apply when a State or subdivision accepts those listed grants.
New private lawsuits for victims
If enacted, the bill would let a victim — or the victim's spouse, parent, or child if the victim is dead or permanently incapacitated — sue a State or local government for compensatory damages. The crime must be murder, rape, or any felony (as the State defines it) where the alien offender was arrested, convicted, or sentenced to at least 1 year. You could sue only if the State failed to comply with a DHS request under INA sections 236 or 287 and either failed to honor a detainer or failed to notify DHS about the person's release. A prevailing plaintiff could recover reasonable attorney fees and expert costs. You would have 10 years from the later of the crime or the death to file a claim.
Sponsors & CoSponsors
Sponsor
Tillis, Thomas [R-NC]
NC • R
Cosponsors
Sen. Graham, Lindsey [R-SC]
SC • R
Sponsored 1/22/2025
Katie Britt
AL • R
Sponsored 1/22/2025
Sen. Cruz, Ted [R-TX]
TX • R
Sponsored 1/22/2025
Sen. Lankford, James [R-OK]
OK • R
Sponsored 1/22/2025
Sen. Cassidy, Bill [R-LA]
LA • R
Sponsored 1/22/2025
Sen. Cramer, Kevin [R-ND]
ND • R
Sponsored 1/22/2025
Sen. Marshall, Roger [R-KS]
KS • R
Sponsored 1/22/2025
Sen. Sheehy, Tim [R-MT]
MT • R
Sponsored 1/22/2025
Mike Rounds
SD • R
Sponsored 1/22/2025
Sen. Budd, Ted [R-NC]
NC • R
Sponsored 1/22/2025
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov