; and (B) would not have been so injured or harmed but for the alien receiving the benefit of such sanctuary policy. 3. Civil action for harm by an alien that benefitted from a sanctuary policy (a) Private right of action (1) Cause of action Any individual, or a spouse, parent, or child of such individual (if the individual is deceased or permanently incapacitated), who is the victim of a murder, rape, or any felony (as defined by the State) for which an alien (as defined in section 101(a)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(3) )) has been arrested, convicted, or sentenced to a term of imprisonment of at least 1 year, may bring an action for compensatory damages against a State or a political subdivision of a State in the appropriate Federal or State court if the State or political subdivision failed to comply with— (A) a request with respect to an alien that was lawfully made by the Department of Homeland Security under section 236 or 287 of the Immigration and Nationality Act ( 8 U.S.C. 1226 and 1357)