[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5831 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5831
To provide for the mandatory detention of aliens who are security risks
or present insufficient or false credentials, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 3, 2021
Mr. Arrington (for himself, Mr. Babin, Ms. Stefanik, Mr. Banks, Mr.
Johnson of Louisiana, Mr. Tiffany, Mr. Gibbs, Mr. Rosendale, Mr.
Gohmert, Mr. Hice of Georgia, Mrs. Lesko, Mr. Jackson, Mr. Ellzey, Mr.
Mann, Mr. Sessions, Mr. Weber of Texas, Mr. Cloud, Mr. Cawthorn, Mr.
Norman, Mrs. Miller of Illinois, Mr. Perry, Mr. Posey, Mr. Gooden of
Texas, Mr. Joyce of Pennsylvania, Mr. Balderson, and Ms. Van Duyne)
introduced the following bill; which was referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To provide for the mandatory detention of aliens who are security risks
or present insufficient or false credentials, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protect Communities from a Porous
Border Act of 2021''.
SEC. 2. NOTIFICATION OF IN-STATE DETENTION, HOUSING, OR TRANSFER OF
NON-ASYLUM APPLICANT ALIENS.
(a) In General.--The Secretary of Homeland Security shall notify
the Governor of a State of the Secretary of Homeland Security's intent
to detain or house an alien in any public or private facility in that
State, or transfer financial or other responsibility for an alien to
any public or private entity in that State, and provide the
certification required by subsection (b) no fewer than 10 business days
prior to the proposed date of detention, housing, or transfer.
(b) Required Certification and Information for Alien Fitness.--The
Secretary of Homeland Security shall provide the following
certification and information simultaneous to the alien detention,
housing, or transfer notification required in subsection (a):
(1) That appropriate biographic and biometric information,
including fingerprints and DNA, has been collected from each
alien, and that such biographic and biometric information has
been shared with the State government.
(2) That each alien's biographic and biometric information
has been cross-checked with the Federal Bureau of
Investigation's Uniform Crime Database (UCR) and Combined DNA
Index System (CODIS), the National Crime Information Center
(NCIC), and other appropriate Federal and non-Federal domestic
law enforcement and counterterrorism databases, and that such
alien was not detected in any of those databases.
(3) That each alien's biographic and biometric information
has been cross-checked with the International Criminal Police
Organization's INTERPOL database and other appropriate
international law enforcement and counterterrorism databases,
and that such alien was not detected in any of those databases.
(4) Any information pertaining to the alien that was
detected during a database check described in this subsection.
(c) General Applicability to Aliens.--The requirements of
subsections (a) and (b) shall be required for the attempted detention,
housing, or transfer of--
(1) any alien who is admitted pursuant to the U.S. Refugee
Admissions Program or any other Federal refugee relief or
resettlement program;
(2) any alien who is paroled by any Federal official into
the United States or humanitarian or other reason; and
(3) any alien who is deemed by any Federal official to be
an unaccompanied alien child (as such term is defined in
section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279)).
(d) No Federal Court Jurisdiction.--No Federal court shall have
jurisdiction to review any of the requirements or procedures
established either pursuant to this section or pursuant to any
regulation promulgated under the authority of this section.
SEC. 3. PROHIBITION ON IN-STATE DETENTION, HOUSING, OR TRANSFER OF NON-
ASYLUM APPLICANT ALIENS.
(a) In General.--The Governor of a State shall have plenary and
final authority to determine whether to permit the Secretary of
Homeland Security to detain or house an alien in any public or private
facility in that State, or transfer financial or other responsibility
for an alien to any public or private entity in that State.
(b) Prohibition on Detention, Housing, or Transfer.--Upon the
notification required by section 3, the Governor of a State may, at the
Governor's discretion and subsequent to consultation with local
officials (including city or county chief executives, city or county
law enforcement agency heads, and city or county council members),
decline the Secretary's proposal to detain or house an alien in any
public or private facility in that State, or transfer financial or
other responsibility for an alien to any public or private entity in
that State.
(c) Parameters of Regulations Governing In-State Detention,
Housing, and Transfer of Non-Asylum Applicant Aliens.--Regulations
pursuant to this section shall not in any way limit or restrict the
provisions of this section, but shall be limited to the following
areas:
(1) The format and method of the Secretary's notification
to a Governor regarding the Secretary's intent to place an
alien in any public or private facility in that State.
(2) The use of additional Federal, non-Federal, and
international law enforcement and counterterrorism databases
for pre-placement alien screening.
(d) No Federal Court Jurisdiction.--No Federal court shall have
jurisdiction to review any decision made by the Governor of a State
pursuant to this section.
SEC. 4. NO WAIVER AUTHORITY.
Neither the Secretary of Homeland Security nor any other Federal
official shall have the authority to waive any of the requirements
established in this Act.
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