(a) In general

Chapter 93 of title 18, United States Code, is amended by adding at the end the following:

1925. Obstruction of immigration laws by official interference

(a) Definitions

In this section—

(1)

the term criminal alien means an alien (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1001(a))) who has been charged with or convicted of a crime under Federal or State law;

(2)

the terms Federal sex offense and minor have the meanings given such terms in section 3559(e)(2);

(3)

the term immigration laws has the meaning given that term in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a));

(4)

the term reasonable advance notice, with respect to the release of a criminal alien, means notice regarding the scheduled release date and time of the criminal alien that is provided as early as practicable and, unless impossible, at least 48 hours prior to release;

(5)

the term responsible executive official, with respect to a law, regulation, policy, practice, or action, means the most senior executive official of a State or unit of government charged with overseeing execution of the law, regulation, policy, practice, or action.

(6)

the term serious violent felony has the meaning given that term in section 3559(c)(2);

(7)

the terms State and unit of local government have the meanings given such terms in section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)); and

(8)

the term State sex offense means a State or Military sex offense (as defined in section 3559(e)(2)) that is an offense under State law.

(b) Prohibited conduct

It shall be unlawful for any responsible executive official of a State or unit of local government, acting under color of law, to knowingly prohibit, limit, or restrict compliance with any formal request under the immigration laws by the Department of Homeland Security for reasonable advance notice regarding the release of a criminal alien, including through establishing, directing, implementing, or enforcing any pertinent law, regulation, policy, practice, or action.

(c) Penalties

A person who violates subsection (b)—

(1)

if the violation results in the release from custody of a criminal alien who has been charged with or convicted of an offense consisting of murder, rape, or a Federal sex offense or State sex offense against a minor, shall be fined under this title, imprisoned for not less than 10 years and not more than 25 years, or both;

(2)

if the violation results in the release from custody of a criminal alien who has been charged with or convicted of an offense that is a serious violent felony, shall be fined under this title, imprisoned for not less than 5 years and not more than 10 years, or both; or

(3)

if the violation results in the release from custody of a criminal alien who has been charged with or convicted of any other Federal or State criminal offense, shall be fined under this title, imprisoned for not less than 30 days and not more than 6 months, or both.

(b) Severability clause

If any provision of this Act, an amendment made by this Act, or the application of such a provision or amendment to any particular person or circumstance is held invalid, the remaining provisions of this Act and the amendments made by this Act, and the application of such remaining provisions and amendments to any other person or circumstance, shall not be affected thereby.

(c) Technical and conforming amendment

The table of sections for chapter 93 of title 18, United States Code, is amended by adding at the end the following: