[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3407 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3407
To provide for enhanced Federal enforcement of, and State and local
assistance in the enforcement of, the immigration laws of the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2023
Mr. Carter of Georgia (for himself, Mr. Van Drew, Mr. Westerman, and
Mr. Weber of Texas) introduced the following bill; which was referred
to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for enhanced Federal enforcement of, and State and local
assistance in the enforcement of, the immigration laws of the United
States, 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 ``Empowering Law Enforcement Act of
2023''.
SEC. 2. STATE DEFINED.
In this Act, the term ``State'' has the meaning given such term in
section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(36)).
SEC. 3. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES
AND POLITICAL SUBDIVISIONS OF STATES.
Notwithstanding any other provision of law and reaffirming the
existing inherent authority of States, law enforcement personnel of a
State or a political subdivision of a State have the inherent authority
of a sovereign entity to investigate, identify, apprehend, arrest,
detain, or transfer to Federal custody aliens in the United States
(including the transportation of such aliens across State lines to
detention centers), for the purpose of assisting in the enforcement of
the immigration laws of the United States in the normal course of
carrying out their law enforcement duties. This State authority has
never been displaced or preempted by Federal law.
SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the National Crime Information
Center.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the National Crime Information Center of the
Department of Justice (referred to in this section as the
``NCIC'') any information in the possession of the Secretary
related to--
(A) any alien against whom a final order of removal
has been issued;
(B) any alien who is subject to a voluntary
departure agreement;
(C) any alien who has remained in the United States
beyond the alien's authorized period of stay; and
(D) any alien whose visa has been revoked.
(2) Requirement to provide and use information.--The
information described in paragraph (1) shall be submitted to
the NCIC, and the NCIC shall enter such information into the
Immigration Violators File of the NCIC database, regardless of
whether--
(A) the alien received notice of a final order of
removal;
(B) the alien has already been removed; or
(C) sufficient identifying information is available
for the alien, such as a physical description of the
alien.
(b) Inclusion of Information About Immigration Law Violations in
the NCIC Database.--Section 534(a) of title 28, United States Code, is
amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States,
regardless of whether the alien has received notice of the
violation, sufficient identifying information is available for
the alien, or the alien has already been removed; and.''.
(c) Permission To Depart Voluntarily.--Section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) in subsection (a)(2)(A), by striking ``120 days'' and
inserting ``30 days''.
SEC. 5. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL
LAW ENFORCEMENT.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 240C the
following:
``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY.
``(a) Defined Term.--In this section, the term `illegal alien'
means an alien who--
``(1) entered the United States without inspection or at
any time or place other than that designated by the Secretary
of Homeland Security;
``(2) after entering the United States with inspection at a
time and place designated by the Secretary of Homeland
Security, was granted parole into the United States;
``(3) was admitted as a nonimmigrant and, at the time the
alien was taken into custody by the State or political
subdivision, had failed--
``(A) to maintain the nonimmigrant status in which
the alien was admitted or to which it was changed under
section 248; or
``(B) to comply with the conditions of the status
described in subparagraph (A);
``(4) was admitted as an immigrant and subsequently failed
to comply with the requirements of such status; or
``(5) failed to depart the United States as required under
a voluntary departure agreement or under a final order of
removal.
``(b) In General.--If a member of a law enforcement entity of a
State (or, if appropriate, a political subdivision of the State),
exercising authority with respect to the apprehension or arrest of an
illegal alien, submits a request to the Secretary of Homeland Security
that the alien be taken into Federal custody, the Secretary shall--
``(1)(A) not later than 48 hours after the conclusion of
the State charging process or dismissal process (or if no State
charging or dismissal process is required, not later than 48
hours after the alien is apprehended), take the alien into the
custody of the Federal Government and incarcerate the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily detain or transport the alien to
a location for transfer to Federal custody; and
``(2) designate at least 1 Federal, State, or local prison
or jail or a private contracted prison or detention facility
within each State as the central facility for law enforcement
entities of such State to transfer custody of criminal or
illegal aliens to the Department of Homeland Security.
``(c) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State or a political subdivision of a State for all
reasonable expenses, as determined by the Secretary, incurred
by the State or political subdivision in the detention and
transportation of a criminal or illegal alien under subsection
(b)(1).
``(2) Cost computation.--The amount reimbursed for costs
incurred in the detention and transportation of a criminal or
illegal alien under subsection (b)(1) shall be equal to the sum
of--
``(A) the product of--
``(i) the average cost of incarceration of
a prisoner in the relevant State, as determined
by the chief executive officer of the State
(or, as appropriate, a political subdivision of
the State); and
``(ii) the number of days that the alien
was in the custody of the State or political
subdivision; and
``(B) the cost of transporting the criminal or
illegal alien from the point of apprehension or arrest
to--
``(i) the location of detention; and
``(ii) if the location of detention and of
custody transfer are different, to the custody
transfer point.
``(d) Requirement for Appropriate Security.--The Secretary of
Homeland Security shall ensure that illegal aliens incarcerated in
Federal facilities under this section are held in facilities that
provide an appropriate level of security.
``(e) Schedule Requirement.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular
circuit and schedule for the prompt transfer of apprehended
illegal aliens from the custody of States and political
subdivisions of States to Federal custody.
``(2) Authority for contracts.--The Secretary of Homeland
Security may enter into contracts with appropriate State and
local law enforcement and detention officials to implement this
section.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 240C the following:
``Sec. 240D. Transfer of illegal aliens from State to Federal
custody.''.
SEC. 6. DETENTION OF DANGEROUS ALIENS.
(a) In General.--Section 241(a) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)) is amended--
(1) by striking ``Attorney General'' each place such term
appears, except for the first reference in paragraph (4)(B)(i),
and inserting ``Secretary of Homeland Security'';
(2) in paragraph (1)--
(A) by striking ``90'' and inserting ``60''; and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) Beginning of period.--The removal period
begins on the latest of--
``(i) the date on which the order of
removal becomes administratively final;
``(ii) if the alien is not in the custody
of the Secretary of Homeland Security on the
date on which the order of removal becomes
administratively final, the date on which the
alien is taken into such custody; or
``(iii) if the alien is detained or
confined (except under an immigration process)
on the date on which the order of removal
becomes administratively final, the date on
which the alien is taken into the custody of
the Secretary of Homeland Security after the
alien is released from such detention or
confinement.
``(C) Extension of period.--
``(i) In general.--The removal period shall
be extended beyond a period of 60 days and the
Secretary of Homeland Security may, in the
Secretary's sole discretion, keep the alien in
detention during such extended period if--
``(I) the alien fails or refuses to
make all reasonable efforts to comply
with the removal order, or to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order,
including--
``(aa) making timely
application in good faith for
travel or other documents
necessary for the alien's
departure; or
``(bb) conspiring or acting
to prevent the removal of an
alien that is subject to an
order of removal;
``(II) a court, the Board of
Immigration Appeals, or an immigration
judge orders a stay of removal of an
alien who is subject to an
administratively final order of
removal;
``(III) the Secretary lawfully
transfers custody of the alien to
another Federal agency or to a State or
local government agency in connection
with the official duties of such
agency; or
``(IV) a court or the Board of
Immigration Appeals orders a remand to
the immigration judge or to the Board
of Immigration Appeals while the case
is pending a decision on remand (with
the removal period beginning anew on
the date on which the alien is ordered
removed on remand).
``(ii) Renewal.--If the removal period has
been extended pursuant to clause (i), a new
removal period shall begin on the date on
which--
``(I) the alien makes all
reasonable efforts to comply with the
removal order or to fully cooperate
with the Secretary of Homeland
Security's efforts to establish the
alien's identity and carry out the
removal order;
``(II) the stay of removal is no
longer in effect; or
``(III) the alien is returned to
the custody of the Secretary.
``(iii) Mandatory detention for certain
aliens.--The Secretary shall keep an alien
described in section 236(c)(1) in detention
during the extended period described in clause
(i).
``(iv) Sole form of relief.--An alien may
seek relief from detention under this
subparagraph by filing an application for a
writ of habeas corpus in accordance with
chapter 153 of title 28, United States Code. No
alien whose period of detention is extended
under this subparagraph shall have the right to
seek release on bond.'';
(3) in paragraph (3)--
(A) by inserting ``or is not detained pursuant to
paragraph (6)'' after ``removal period''; and
(B) in subparagraph (D), by inserting ``in order to
prevent the alien from absconding, for the protection
of the community, or for other purposes related to the
enforcement of the immigration laws'' before the period
at the end;
(4) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``in subparagraph (B)''; and
(5) by amending paragraph (6) to read as follows:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative
aliens.--
``(i) In general.--The Secretary of
Homeland Security shall establish an
administrative review process to determine
whether an alien who is not otherwise subject
to mandatory detention, who has made all
reasonable efforts to comply with a removal
order and to cooperate fully with the
Secretary's efforts to establish the alien's
identity and to carry out the removal order,
including making timely application in good
faith for travel or other documents necessary
to the alien's departure, and who has not
conspired or acted to prevent removal, should
be detained or released on conditions.
``(ii) Determination.--The Secretary of
Homeland Security shall determine whether to
release an alien after the removal period in
accordance with subparagraph (B). Such
determination shall include the consideration
of any evidence submitted by the alien and may
include the consideration of any other
evidence, including any information or
assistance provided by the Secretary of State
or other Federal official and any other
information available to the Secretary of
Homeland Security pertaining to the ability to
remove the alien.
``(B) Authority to detain beyond removal period.--
``(i) In general.--The Secretary of
Homeland Security, in the sole discretion of
the Secretary, may continue to detain an alien
for 90 days beyond the removal period
(including any extension of the removal period
under paragraph (1)(C)). An alien whose
detention is extended under this subparagraph
is not entitled to seek release on bond.
``(ii) Specific circumstances.--The
Secretary of Homeland Security, in the sole
discretion of the Secretary, may continue to
detain an alien beyond the 90 days authorized
under clause (i)--
``(I) until the alien is removed,
if the Secretary, in the sole
discretion of the Secretary, determines
that there is a significant likelihood
that the alien--
``(aa) will be removed in
the reasonably foreseeable
future; or
``(bb) would be removed in
the reasonably foreseeable
future, or would have been
removed, but for the alien's
failure or refusal to make all
reasonable efforts to comply
with the removal order, or to
cooperate fully with the
Secretary's efforts to
establish the alien's identity
and carry out the removal
order, including making timely
application in good faith for
travel or other documents
necessary to the alien's
departure, or conspires or acts
to prevent removal;
``(II) until the alien is removed,
if the Secretary of Homeland Security
certifies in writing--
``(aa) in consultation with
the Secretary of Health and
Human Services, that the alien
has a highly contagious disease
that poses a threat to public
safety;
``(bb) after receipt of a
written recommendation from the
Secretary of State, that
release of the alien is likely
to have serious adverse foreign
policy consequences for the
United States;
``(cc) based on information
available to the Secretary of
Homeland Security (including
classified, sensitive, or
national security information,
and without regard to the
grounds upon which the alien
was ordered removed), that
there is reason to believe that
the release of the alien would
threaten the national security
of the United States; or
``(dd) that the release of
the alien will threaten the
safety of the community or any
person, conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person, or
either--
``(AA) the alien
has been convicted of 1
or more aggravated
felonies (as defined in
section 101(a)(43)(A)),
of 1 or more crimes
identified by the
Secretary of Homeland
Security by regulation,
or of 1 or more
attempts or
conspiracies to commit
any such aggravated
felonies or such
identified crimes, if
the aggregate term of
imprisonment for such
attempts or
conspiracies is at
least 5 years; or
``(BB) the alien
has committed 1 or more
crimes of violence (as
defined in section 16
of title 18, United
States Code), excluding
purely political
offenses, and the
alien, because of a
mental condition or
personality disorder
and behavior associated
with such condition or
disorder, is likely to
engage in acts of
violence in the future;
or
``(III) pending a certification
under subclause (II), if the Secretary
of Homeland Security initiates the
administrative review process not later
than 30 days after the expiration of
the removal period (including any
extension of the removal period under
paragraph (1)(C)).
``(iii) No right to bond hearing.--An alien
whose detention is extended under this
subparagraph is not entitled to seek release on
bond, including by reason of a certification
under clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland
Security may renew a certification under
subparagraph (B)(ii)(II) every 6 months, after
providing an opportunity for the alien to
request reconsideration of the certification
and to submit documents or other evidence in
support of that request. If the Secretary does
not renew the certification, the Secretary may
not continue to detain the alien under
subparagraph (B)(ii)(II).
``(ii) Delegation.--Notwithstanding section
103, the Secretary of Homeland Security may not
delegate the authority to make or renew a
certification described in item (bb), (cc), or
(dd) of subparagraph (B)(ii)(II) below the
level of the Assistant Secretary for
Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary of Homeland
Security may request that the Attorney General
or the Attorney General's designee provide for
a hearing to make the determination described
in item (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If a Federal court or
the Board of Immigration Appeals determines that an
alien should be released from detention or if an
immigration judge orders a stay of removal, the
Secretary of Homeland Security, in discretion of the
Secretary, may impose conditions on release in
accordance with paragraph (3).
``(E) Redetention.--
``(i) In general.--The Secretary of
Homeland Security, in the discretion of the
Secretary, without any limitations other than
those specified in this section, may redetain
any alien subject to a final removal order who
is released from custody if--
``(I) removal becomes likely in the
reasonably foreseeable future;
``(II) the alien fails to comply
with the conditions of release or to
continue to satisfy the conditions
described in subparagraph (A); or
``(III) upon reconsideration, the
Secretary, in the sole discretion of
the Secretary, determines that the
alien can be detained under
subparagraph (B).
``(ii) Applicability.--This section shall
apply to any alien returned to custody pursuant
to this subparagraph as if the removal period
terminated on the first day of such
redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary of Homeland Security
under this paragraph shall not be subject to review by
any other agency.''.
(b) Detention of Aliens During Removal Proceedings.--Section 236 of
the Immigration and Nationality Act (8 U.S.C. 1226) is amended--
(1) by striking ``Attorney General'' each place such term
appears (except in the second place the term appears in
subsection (a)) and inserting ``Secretary of Homeland
Security'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``the Secretary of Homeland Security or''
before ``the Attorney General--''; and
(B) in paragraph (2)(B), by striking ``conditional
parole;'' and inserting ``recognizance;'';
(3) in subsection (b), by striking ``parole'' and inserting
``recognizance'';
(4) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Custody.--
``(A) In general.--The Secretary of Homeland
Security shall take into custody any alien described in
paragraph (2) or (3) of section 212(a) or paragraph (2)
or (4) of section 237(a), or who has no lawful status
in the United States and has been convicted for driving
while intoxicated (including a conviction for driving
while under the influence or impaired by alcohol or
drugs), any time after the alien is released,
regardless of whether the alien--
``(i) is released related to any activity,
offense, or conviction described in this
paragraph;
``(ii) is released on parole, supervised
release, or probation; or
``(iii) may be arrested or imprisoned again
for the same offense.
``(B) Subsequent custody.--If activity, offense, or
conviction described in subparagraph (A) does not
result in the alien being taken into custody, the
Secretary of Homeland Security shall take such alien
into custody--
``(i) when the alien is brought to the
attention of the Secretary; or
``(ii) when the Secretary determines it is
practical to take such alien into custody.''.
(5) in subsection (e), by striking ``Attorney General's''
and inserting ``Secretary of Homeland Security's''; and
(6) by adding at the end the following:
``(f) Length of Detention.--
``(1) In general.--Notwithstanding any other provision of
this section, an alien may be detained under this section, and
an alien described in subsection (c) shall be detained, without
time limitation, except as provided in subsection (g), during
the pendency of removal proceedings.
``(2) Construction.--The length of detention under this
section shall not affect a detention authorized under section
241.
``(g) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond in an amount that is not less than
$10,000. No bond may be granted under this paragraph unless the
alien establishes, by clear and convincing evidence, that the
alien is not a flight risk or a risk to another person or to
the community.
``(2) Certain aliens ineligible.--No alien detained
pursuant to subsection (c) may seek release on bond.''.
(c) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall take effect upon the date of the enactment of this Act,
and section 241 of the Immigration and Nationality Act, as
amended by subsection (a), shall apply to--
(A) all aliens subject to a final administrative
removal, deportation, or exclusion order that was
issued before, on, or after the date of the enactment
of this Act; and
(B) acts and conditions occurring or existing
before, on, or after such date.
(2) Subsection (b).--The amendments made by subsection (b)
shall take effect upon the date of the enactment of this Act,
and section 236 of the Immigration and Nationality Act, as
amended by subsection (b), shall apply to any alien in
detention under provisions of such section on or after such
date.
SEC. 7. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW
ENFORCEMENT PERSONNEL.
(a) Training Manual and Pocket Guide.--
(1) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall publish--
(A) a training manual for State and local law
enforcement personnel to train such personnel in the
investigation, identification, apprehension, arrest,
detention, and transfer to Federal custody of aliens in
the United States, including--
(i) the transportation of such aliens
across State lines to detention centers; and
(ii) the identification of fraudulent
documents; and
(B) an immigration enforcement pocket guide for
State and local law enforcement personnel to provide a
quick reference for such personnel in the course of
duty.
(2) Availability.--The training manual and pocket guide
published under paragraph (1) shall be made available to all
State and local law enforcement personnel.
(3) Applicability.--Nothing in this subsection may be
construed to require State or local law enforcement personnel
to keep the training manual or pocket guide with them while on
duty.
(4) Costs.--The Secretary shall be responsible for all
costs incurred in the publication of the training manual and
pocket guide under this subsection.
(b) Training Flexibility.--
(1) In general.--The Secretary of Homeland Security shall
make training available to State and local law enforcement
officers through as many means as possible, including--
(A) residential training at--
(i) the Federal Law Enforcement Training
Center (referred to in this subsection as
``FLETC'') of the Department of Homeland
Security in Glynco, Georgia; and
(ii) the Center for Domestic Preparedness
of the Federal Emergency Management Agency in
Anniston, Alabama;
(B) onsite training held at State or local police
agencies or facilities;
(C) online training courses by computer,
teleconferencing, and videotape; and
(D) recording training courses on DVD.
(2) Online training.--The head of the FLETC Learning Center
shall make training available for State and local law
enforcement personnel through the internet using a secure,
encrypted distributed learning system that--
(A) has all its servers based in the United States;
(B) is sealable and survivable; and
(C) is capable of having a portal in place not
later than 30 days after the date of the enactment of
this Act.
(3) Federal personnel training.--The training of State and
local law enforcement personnel under this section may not
displace the training of Federal personnel.
(c) Rule of Construction.--Nothing in this Act or in any other
provision of law may be construed as making any immigration-related
training a requirement for, or a prerequisite to, any State or local
law enforcement officer exercising the inherent authority of the
officer to investigate, identify, apprehend, arrest, detain, or
transfer to Federal custody illegal aliens during the normal course of
carrying out the law enforcement duties of the officer.
(d) Training Limitation.--Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended--
(1) by striking ``Attorney General'' each place that term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (2), by adding at the end the following:
``Training described in this paragraph may not exceed 14 days
or 80 hours, whichever is longer.''.
SEC. 8. IMMUNITY.
(a) Personal Immunity.--
(1) In general.--Notwithstanding any other provision of
law, a law enforcement officer of a State or of a political
subdivision of a State shall be immune from personal liability
arising out of the enforcement of any immigration law to the
same extent as a Federal law enforcement officer is immune.
(2) Applicability.--The immunity provided under paragraph
(1) only applies to an officer of a State, or of a political
subdivision of a State, who is acting within the scope of such
officer's official duties.
(b) Agency Immunity.--Notwithstanding any other provision of law, a
law enforcement agency of a State, or of a political subdivision of a
State, shall be immune from any claim for money damages based on
Federal, State, or local civil rights law for an incident arising out
of the enforcement of any immigration law, except to the extent that
the law enforcement officer of that agency, whose action the claim
involves, committed a violation of Federal, State, or local criminal
law in the course of enforcing such immigration law.
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