HR 4838
Eric adams act of 2025
Eric Adams Act of 2025
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Bill overview
This bill, titled the ERIC ADAMS Act of 2025, proposes to hold mayors of ‘sanctuary cities’ criminally liable for manslaughter if an undocumented immigrant commits murder within the city’s jurisdiction. The bill defines ‘sanctuary city’ as one that restricts cooperation with federal immigration enforcement. It establishes a new criminal offense for mayors who knowingly maintain policies that hinder cooperation with immigration authorities and contributed to the murder’s occurrence, with potential penalties including imprisonment and removal from office.
Key provisions
- Establishes criminal liability for mayors of sanctuary cities in cases of manslaughter resulting from undocumented immigrant murders.
- Defines ‘sanctuary city’ based on restrictions of cooperation with federal immigration enforcement.
- Requires mayors to have knowingly adopted, maintained, or failed to repeal policies restricting cooperation with immigration enforcement.
- Creates a ‘direct and foreseeable’ causation standard for sanctuary policies contributing to the murder.
- The Attorney General has exclusive authority to investigate and prosecute offenses.
- U.S. District Courts have original jurisdiction over criminal proceedings.
- Defines ‘undocumented immigrant’ and ‘mayor’ for the purposes of the Act.
- Provides a severability clause, ensuring the rest of the Act remains in effect if parts are deemed invalid.
Who is affected
- Mayors of cities that currently or historically identify as ‘sanctuary cities’
- Undocumented immigrants
Sponsors
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Primary sponsor
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119th CONGRESS — 1st Session
H. R. 4838
IN THE HOUSE OF REPRESENTATIVES
A BILL
To establish criminal liability for mayors of sanctuary cities in cases of murder committed by undocumented immigrants within their jurisdiction, and for other purposes.
This Act may be cited as the Establishing Responsibility for Illegals’ Crimes and Adding Deterrence and Accountability for Mayors’ Sanctuary Cities Act of 2025 ERIC ADAMS Act of 2025
or the
.
Chapter 51 of title 18, United States Code, is amended by inserting after section 1112 the following new section:
A mayor of a sanctuary city shall be guilty of criminal negligence resulting in manslaughter if—
an undocumented immigrant commits murder, as defined under applicable State or Federal law, within the jurisdiction of the sanctuary city; and
the mayor knowingly adopted, maintained, or failed to repeal a sanctuary policy that materially restricted cooperation with Federal immigration enforcement, and such policy directly and foreseeably contributed to the failure to detain or remove the undocumented immigrant prior to the commission of the murder.
A mayor convicted under this section shall be subject to—
imprisonment for not more than 7 years, a fine under title 18, or both; and
mandatory removal or disqualification from public office upon conviction.
For the purposes of this section, a sanctuary policy shall be deemed to have directly and foreseeably contributed
if it created a substantial risk that an undocumented immigrant who committed murder could avoid detention or removal.
The Attorney General shall have exclusive authority to investigate and prosecute offenses under this Act.
The United States District Courts shall have original jurisdiction over any criminal proceeding arising under this Act.
Federal courts shall have jurisdiction over cases brought under this Act.
For the purposes of this Act:
Sanctuary city means any political subdivision of a State that, by law, ordinance, policy, or practice, prohibits or substantially restricts local law enforcement or municipal agencies from—
cooperating with or providing information to Federal immigration enforcement authorities; or.
complying with lawful detainer requests or administrative warrants issued by U.S. Immigration and Customs Enforcement.
Undocumented immigrant means any person who is present in the United States without lawful immigration status as defined by 8 U.S.C. § 1101 et seq.
Mayor means the chief executive officer of a municipal government, whether elected or appointed.
If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances, shall not be affected thereby.
This Act shall take effect 90 days after the date of its enactment.