[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4032 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4032
To authorize magistrate judges to issue arrest warrants for certain
criminal aliens.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 21, 2024
Mr. Murphy (for himself, Mr. Brown, Ms. Baldwin, Mr. King, Mr. Casey,
Mr. Kaine, and Ms. Sinema) introduced the following bill; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize magistrate judges to issue arrest warrants for certain
criminal aliens.
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 ``Improving Public Safety Through
Immigration Warrant Issuance Act''.
SEC. 2. WARRANT AUTHORITY.
(a) In General.--Chapter 9 of title II of the Immigration and
Nationality Act (8 U.S.C. 1351 et seq.) is amended by inserting after
section 287 the following:
``SEC. 287A. AUTHORIZATION OF FEDERAL COURTS TO ISSUE ARREST WARRANTS.
``(a) Authorization of Federal Courts To Issue Arrest Warrants.--
Upon receiving an application from a Federal law enforcement officer or
an attorney for the Federal Government, a magistrate judge is
authorized to issue a warrant to seize an alien located within the
district over which the magistrate judge has jurisdiction if there is
probable cause to believe that the alien--
``(1) is removable (as defined in section 240(e)(2)); and
``(2)(A) has been charged with, or convicted of, a felony;
``(B) has been charged with, or convicted of, a crime of
violence, including any crime that endangers the safety or
welfare of children; or
``(C) is a threat to national security.
``(b) Ensuring the Effectiveness of Warrants for Persons in State
or Local Custody.--
``(1) Additional authorities.--If such actions are
reasonably necessary to ensure the effectiveness of an arrest
warrant issued pursuant to subsection (a), a magistrate judge
may order the State or local jurisdiction with custody over the
alien subject to such warrant--
``(A) to transfer the alien to Federal custody;
``(B) to notify the Federal Government of the
impending release of the alien to facilitate such
transfer; and
``(C) to hold the alien for such time as may be
necessary to facilitate such transfer, which may not
exceed 48 hours.
``(2) Timing of order.--An order described in paragraph (1)
may be issued contemporaneously with an arrest warrant issued
pursuant to subsection (a) if, based on reliable evidence, a
State or local jurisdiction with custody over the alien subject
to such warrant is unlikely to assist in effectuating the
warrant.
``(3) Rules of construction.--Nothing in this subsection
may be construed--
``(A) to limit any inherent or statutory power of
the Federal courts to issue orders in aid of their
jurisdiction, including writs of habeas corpus and
writs authorized under section 1651 of title 28, United
States Code (commonly known as the `All Writs Act'); or
``(B) to interfere with the Department of Homeland
Security's ability to issue detainer requests, as
authorized by law.
``(c) Issuing the Warrant.--Each warrant issued pursuant to this
section shall--
``(1) be issued to an officer authorized to execute it;
``(2) identify the alien to be seized and designate the
magistrate judge to whom the warrant shall be returned;
``(3) require the officer to submit the issued warrant to
any State or locality with custody over the alien subject to
the warrant as quickly as practicable; and
``(4) be returned to the magistrate judge designated in the
warrant.
``(d) Procedure for Obtaining a Warrant.--
``(1) Ex parte proceedings.--Warrant proceedings under this
section may be conducted ex parte.
``(2) Warrant on an affidavit.--When a Federal law
enforcement officer or an attorney for the Federal Government
presents an affidavit in support of a warrant, the magistrate
judge may--
``(A) require the affiant to appear personally
before the judge; and
``(B) examine under oath the affiant and any
witness produced by the affiant.
``(3) Recording testimony.--Testimony taken in support of a
warrant shall be recorded by a court reporter or by a suitable
recording device. The magistrate judge shall file the
transcript or recording with the clerk, along with any related
affidavit.
``(4) Requesting a warrant by telephonic or other reliable
electronic means.--In accordance with rule 4.1 of the Federal
Rules of Criminal Procedure, a magistrate judge may issue a
warrant based on information communicated by telephone or other
reliable electronic means.
``(e) Definitions.--In this section:
``(1) Attorney for the federal government.--The term
`attorney for the Federal Government' means an attorney
representing the Federal Government, as authorized by the
Attorney General.
``(2) Crime of violence.--The term `crime of violence' has
the meaning given such term in section 16 of title 18, United
States Code.
``(3) Felony.--The term `felony' means a crime classified
as a felony in the convicting jurisdiction, excluding Federal,
State, or local offenses for which an essential element was the
alien's immigration status.
``(4) Magistrate judge.--The term `magistrate judge' means
a United States magistrate judge appointed pursuant to section
631 of title 28, United States Code.''.
(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 287 the following:
``Sec. 287A. Authorization of Federal courts to issue arrest
warrants.''.
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