Sen. Tillis: Sanctuary bill Trump mentioned during SOTU will become law if GOP wins back House

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Sen. Thom Tillis, R-N.C., whose sanctuary city bill was mentioned by President Trump during his State of the Union address, said the measure will become law if Republicans win back the House this November.

"[Democrats] understand it’s sound policy and they’re willing to take a political risk, but I think it’s one that’s going to have a consequence in terms of the number of Republicans that come back in the House," Tillis told Fox News in a phone interview.

"And trust me if we do get the majority back, this will be one of the first bills to get passed the first part of next year."

Tills' bill, "The Justice for Victims of Sanctuary Cities Act," would force sanctuary cities and municipalities to waive their immunity so they could be sued in civil court by those affected by their policies.

The language specifically cites those who are hurt or killed as a result of ignoring a federal detainer and release notification request. They, or their families, would have the legal right to sue for damages if the legislation became law.

Trump highlighted the bill after calling on Jody Jones, whose brother Rocky was murdered by an illegal immigrant, to stand and be recognized.

Rocky was shot and killed at a Tulare County gas station in California, in 2018. He was 51.

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"Jody, our hearts weep for your loss and we will not rest until you have justice," Trump said. "Sen. Thom Tillis has introduced legislation to allow Americans like Jody to sue sanctuary cities and states when a loved one is hurt or killed, as a result of these deadly practices."

The bill already boasts several high profile co-sponsors including Sens. Lindsey Graham, R-S.C.; Chuck Grassley, R-Iowa; Joni Ernst, R-Iowa; Marsha Blackburn, R-Tenn.; and Ted Cruz, R-Texas.

“The way that we structured the bill was that governmental agencies have certain levels of immunity – cities, counties, and states. And to strip that immunity could run afoul of a constitutional challenge," Tillis explained.

"So we said we’re going to give you the option. You either wave immunity, allow yourself to provide restitution to a victim or their survivors, or if you don’t waive immunity then we’ll just simply make you ineligible for certain federal grants. We can do that without running into any legal or constitutional questions."

The North Carolina Republican said federal money could be denied to cities by withholding their highway funds and community block grants, but that it may not ensure financial restitution.

"That provides the pressure, but unfortunately it means we may not be able to get restitution for the families," he added. "They’ll have to deal with the politics of that, but there will be a fiscal consequence for the governmental entity that makes the call."

When asked if a GOP-led House was a prerequisite for seeing the bill get passed, Tillis said a Republican House would greatly increase the chances of it going through. However, he still plans to send the bill to House Speaker Nancy Pelosi, D-Calif., in an effort to force public debate.

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"When we get it to the floor, if I have to, I’ll go through unanimous consent if we can’t attach it to a bill and send it over to the House," he said. "And have them explain why they would deny a victim’s right measure, to pass through the Senate.

“I want to get it to the House so that if Nancy Pelosi refuses to take it up, then they can answer that question on the campaign trail in a number of now, Democrat-held House positions, that are already looking vulnerable," Tillis continued. "Because when I go out across the state or across the country and talk about it, I’m getting broad support for it."

He further accused Pelosi of playing politics with immigration and predicted that her position will come back to haunt Democrats at the ballot box.

"In reality, Nancy Pelosi is holding virtually everything up. She’s only passing highly partisan bills to the Senate," he said. "You look at the substance of the bills or you look at the lack of any sort of bipartisan support, she’s just creating window dressing. This will either be something good that we can do and stem the tide of the sanctuary cities and counties and states, or they’ll have a political consequence to pay in November."

Tillis, who said he's had frequent conversations with the president about the bill, claimed the measure will make the country safer and has the full support of the White House.

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“When I first filed the bill last year the president reached out to me and his staff [said] it was a great idea. Virtually every time I’ve spoken with him, and when I speak with him freely he brings it up – he obviously brought it up during the State of the Union. He was down in Charlotte two days later and he brought it up again. It’s an important bill. It will make communities safer.

Fox News reached out to Pelosi's press secretary but did not receive a reply to the request for comment.