[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4948 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 4948
To allow States to authorize State and local law enforcement officers
to enforce the provisions of Federal immigration law relating to
unlawful entry into the United States.
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IN THE SENATE OF THE UNITED STATES
September 27, 2022
Mr. Hawley introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
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A BILL
To allow States to authorize State and local law enforcement officers
to enforce the provisions of Federal immigration law relating to
unlawful entry into the United States.
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 ``Empowering States to Deport Illegal
Immigrants Act''.
SEC. 2. AUTHORIZATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO
ENFORCE CERTAIN FEDERAL IMMIGRATION LAWS.
(a) In General.--States may authorize State and local law
enforcement officers to enforce provisions of Federal immigration law
that prohibit the unlawful entry into the United States, including
sections 271 through 280 of the Immigration and Nationality Act (8
U.S.C. 1321 through 1330).
(b) Effect of Authorization on Supreme Court Ruling.--Subsection
(a) effectively abrogates the 2012 decision of the Supreme Court in
Arizona v. United States (567 U.S. 387).
(c) Prosecution Authority.--Notwithstanding any other provision of
law, State prosecutors are authorized to initiate prosecutions for
violations of Federal immigration law referred to in subsection (a) in
a United States District Court that has jurisdiction over--
(1) the place at which any such violation occurred; or
(2) the place at which the person charged for any such
violation is apprehended.
(d) Conforming Amendment.--Section 279 of the Immigration and
Nationality Act (8 U.S.C. 1329) is amended--
(1) by inserting ``, or by a State prosecutor pursuant to
section 2(c) of the Empowering States to Deport Illegal
Immigrants Act,'' before ``that arise''; and
(2) by inserting ``It shall be the duty of the State
prosecutor of the appropriate State to prosecute every such
suit when brought by a State.'' after ``United States.''
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