[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2401 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 2401
To amend section 287(g) of the Immigration and Nationality Act to
clarify congressional intent with respect to agreements under such
section, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2025
Mr. Risch (for himself, Mr. Crapo, Mr. Lee, Mr. Marshall, Mr. Justice,
Mr. Scott of Florida, and Mr. Johnson) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend section 287(g) of the Immigration and Nationality Act to
clarify congressional intent with respect to agreements under such
section, 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 ``287(g) Program Protection Act''.
SEC. 2. CLARIFICATION OF CONGRESSIONAL INTENT.
Section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1)(A) Notwithstanding section 1342 of title 31, United States
Code, the Secretary of Homeland Security shall enter into a written
agreement with a State, or any political subdivision of a State, upon
request of the State or political subdivision, pursuant to which law
enforcement officers of such State or subdivision, who the Secretary
determines are qualified to perform a function of an immigration
officer in relation to the investigation, apprehension, or detention of
aliens in the United States (including the transportation of such
aliens across State lines to detention centers), may carry out such
function at the expense of the State or political subdivision.
``(B) All requests described in subparagraph (A) from a bona fide
State or political subdivision or a bona fide law enforcement agency
shall be approved absent a compelling reason. If the Secretary denies a
request described in subparagraph (A), the Secretary, not later than
180 days before finalizing such denial, shall--
``(i) submit to Congress an explanation containing the
reasons for denying such request; and
``(ii) publish such explanation in the Federal Register.
``(C) The Secretary may not place any limit on the number of
agreements that may be approved under this subsection. The Secretary
shall process each request for such an agreement as expeditiously as
possible and never later than the date that is 90 days after the date
on which the request is received.
``(D) In this subsection, any reference to a political subdivision
shall be construed to include any law enforcement or corrections agency
of such political subdivision.'';
(2) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary'';
(3) by redesignating paragraphs (2) through (10) as
paragraphs (5) through (13), respectively;
(4) by inserting after paragraph (1) the following:
``(2) An agreement under this subsection shall accommodate a
requesting State or political subdivision with respect to the
enforcement model or combination of models, and shall accommodate a
patrol model, task force model, jail model, any combination thereof, or
any other reasonable model the State or political subdivision believes
is best suited to the immigration enforcement needs of its
jurisdiction.
``(3) No Federal program or technology directed broadly at
identifying inadmissible or deportable aliens shall substitute for such
agreements, including those establishing a jail model, and shall
operate in addition to any agreement under this subsection.
``(4)(A) No agreement under this subsection may be terminated
absent a compelling reason.
``(B)(i) The Secretary shall provide a State or political
subdivision written notice of intent to terminate at least 180 days
prior to date of intended termination, and the notice shall fully
explain the grounds for termination, along with providing evidence
substantiating the Secretary's allegations.
``(ii) In order to determine whether the requirements of this
paragraph have been satisfied, the State or political subdivision shall
have the right--
``(I) to appeal the decision of the Secretary to an
administrative law judge for a hearing and decision; or
``(II) to bring a civil action in an appropriate court of
jurisdiction.
``(C) The agreement shall remain in full effect during the course
of any and all legal proceedings.''; and
(5) in paragraph (6), as redesignated, by adding at the end
the following: ``The Secretary of Homeland Security shall
implement uniform training requirements for law enforcement
officers who are, or will be, performing a function of an
immigration officer authorized under this subsection. The
training requirements shall align with Federal Law Enforcement
Training Center standards for training under this subsection
(as in effect on the date of the enactment of the 287(g)
Program Protection Act).''.
SEC. 3. FUNDING.
Section 286(r) of the Immigration and Nationality Act (8 U.S.C.
1356(r)) is amended--
(1) in the subsection heading, by striking ``Breached Bond/
Detention Fund'' and inserting ``Breached Bond/Detention/287(g)
Fund'';
(2) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(3) in paragraph (1), by striking ``Breached Bond/
Detention'' and inserting ``Breached Bond/Detention/287(g)'';
(4) in paragraph (2), by striking ``Department of Justice,
and amount described in section 245(i)(3)(b)'' and inserting
``Department of Homeland Security, and the amount described in
section 245(i)(3)(B)''; and
(5) in paragraph (3)--
(A) in clause (i), by striking ``, and'' at the end
and inserting a semicolon;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) for expenses associated with administering
section 287(g).''.
SEC. 4. ANNUAL PERFORMANCE REPORT AND RECRUITMENT PLAN.
(a) Annual Performance Report.--Not later than December 31 of the
first fiscal year that begins after the date of the enactment of this
Act, and not later than December 31 of each year thereafter, the
Secretary of Homeland Security shall publish an annual performance
report on the program authorized under section 287(g) of the
Immigration and Nationality Act, as amended by section 2, which
includes--
(1) the number of aliens apprehended and screened by law
enforcement through such program;
(2) the number of aliens removed from the United States as
a result of the program;
(3) the number of aliens described in paragraph (1) who
were not removed and an explanation for why they were not
removed;
(4) the methods being used to conduct oversight of each law
enforcement agency participating under the program;
(5) the number of law enforcement agencies in compliance
with the program's training requirements;
(6) the number of complaints filed against law enforcement
agencies claiming they did not comply their written agreement
entered into under such section;
(7) the number of law enforcement agencies that had such
written agreement terminated; and
(8) the reasons for such termination.
(b) Annual Recruitment Plan.--Not later than December 31 of the
first fiscal year that begins after the date of the enactment of this
Act, and not later than December 31 of each year thereafter, the
Secretary of Homeland Security shall publish an annual recruitment plan
with respect to the program authorized under section 287(g) of the
Immigration and Nationality Act, as amended by section 2, which
includes--
(1) annual goals for the following 5 years with respect to
the recruitment of new States and political subdivisions of
States to participate in the program;
(2) the number of new States and political subdivisions of
States participating in the program during each year;
(3) a description of the outreach to States and political
subdivisions of States conducted for the program and the other
methods used to achieve recruitment goals; and
(4) the number of requests for agreements that--
(A) were received during the reporting period;
(B) were approved during the reporting period;
(C) were denied during the reporting period; or
(D) are pending approval as of the last day of the
reporting period.
SEC. 5. RULEMAKING.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall publish a notice of
rulemaking with respect to the training requirements under section
287(g)(6) of the Immigration and Nationality Act, as added by section
2(5).
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