PolicyBrief
S. 185
119th CongressJan 22nd 2025
Justice for Victims of Sanctuary Cities Act of 2025
IN COMMITTEE

The "Justice for Victims of Sanctuary Cities Act of 2025" allows victims of certain crimes committed by aliens to sue sanctuary jurisdictions and mandates that states or local governments accepting certain federal grants waive immunity in sanctuary-related civil actions, while also ensuring cooperation between federal and local law enforcement.

Thom Tillis
R

Thom Tillis

Senator

NC

LEGISLATION

New Bill Lets Crime Victims Sue 'Sanctuary Cities': Grants Tied to Policy Changes

The "Justice for Victims of Sanctuary Cities Act of 2025" creates a way for victims of certain crimes committed by undocumented immigrants to sue cities and states deemed 'sanctuary jurisdictions.' Here's the breakdown:

Suing Sanctuary Cities

This bill, introduced in 2025, directly targets cities and states with policies that limit cooperation with federal immigration enforcement. If an undocumented immigrant commits murder, rape, or a felony resulting in at least a one-year prison sentence, and they benefited from a 'sanctuary policy,' the victim (or their family) can sue that jurisdiction. A 'sanctuary policy,' as defined by this bill, is pretty broad: it includes any law, policy, or even just a practice that restricts sharing information about someone's immigration status with the feds or complying with federal requests to detain or provide notification of the release of certain immigrants (SEC. 2). There's a 10-year window from the time of the crime to file a lawsuit (SEC. 3).

  • Real-World Example: Imagine a city with a policy preventing local police from asking about immigration status during routine traffic stops. If an undocumented immigrant, who would have been detained by ICE under a federal request but wasn't due to this policy, later commits a serious crime, the victim could sue the city. The city could be on the hook for damages, plus the victim's attorney fees (SEC. 3).

The Grant Game

This is where things get interesting. The bill says that if a state or local government accepts certain federal grants, they automatically waive their immunity from these lawsuits (SEC. 3). These aren't small potatoes grants, either. We're talking about money for things like public works projects, economic development, and community development. The only exception is disaster relief funding.

  • Example: A county receiving federal funds to upgrade its public transit system would have to agree to be sued under this law. If they don't? They could potentially lose the grant money.

Feds Take the Wheel

Section 4 of the bill deals with local law enforcement cooperating with ICE. It basically says that if local cops are acting on a detainer from ICE, they're considered agents of the Department of Homeland Security. And here's the kicker: if there's a lawsuit about that detention, the federal government is on the hook for it, not the local agency. The individual officer is shielded, provided they weren't knowingly violating someone's civil rights.

  • Example: A local police officer detains someone based on an ICE request. If that detention is later challenged in court, the lawsuit targets the federal government, not the local police department or the officer.

Potential Challenges

The broad definition of 'sanctuary jurisdiction' is a potential minefield. It could sweep in cities and states that have very limited policies designed to, for example, encourage immigrant communities to report crimes without fear of deportation. The 10-year statute of limitations also raises concerns about digging up old cases. And, forcing jurisdictions to choose between federal funding and their own policies sets up a potential power struggle between different levels of government.