[Pages S187-S195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 50. Mrs. BLACKBURN submitted an amendment intended to be proposed 
by her to the bill S. 5, to require the Secretary of Homeland Security 
to take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, line 5, strike ``Section'' and insert the 
     following:
       (a) In General.--Section
       On page 2, line 21, strike ``(4)'' and insert ``(5)''.

[[Page S188]]

       On page 3, line 8, strike the end quote and final period 
     and insert the following:
       ``(4) Construction or acquisition of federal detention 
     facilities.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     construct or acquire, in addition to existing facilities for 
     the detention of aliens, as provided in paragraph (3), 20 
     detention facilities in the United States, which shall be 
     used to temporarily house aliens detained pending removal 
     from the United States or a decision regarding such removal. 
     Each facility shall have a sufficient number of beds 
     necessary to house such aliens.
       ``(B) Determinations.--The location of any detention 
     facility built or acquired pursuant to this subsection shall 
     be determined by the Assistant Director of the Custody 
     Management Division of Enforcement and Removal Operations.''.
       (b) Technical and Conforming Amendment.--Section 241(g)(1) 
     of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) 
     is amended by striking ``may expend from the appropriation 
     `Immigration and Naturalization Service--Salaries and 
     Expenses','' and inserting ``shall expend from the 
     appropriation `U.S. Immigration and Customs Enforcement--
     Operations and Support',''.
                                 ______
                                 
  SA 51. Mrs. BLACKBURN submitted an amendment intended to be proposed 
by her to the bill S. 5, to require the Secretary of Homeland Security 
to take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. SHORT TITLES.

       Sections 4 through 17 of this Act may be cited as the 
     ``Clear Law Enforcement for Criminal Alien Removal Act of 
     2025'' or the ``CLEAR Act''.

     SEC. 5. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (2) State.--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. 6. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION 
                   LAW ENFORCEMENT BY STATES AND POLITICAL 
                   SUBDIVISIONS OF STATES.

       Reaffirming the existing inherent authority of States, law 
     enforcement personnel of a State, or of 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 purposes of 
     assisting in the enforcement of the immigration laws of the 
     United States in the course of carrying out routine duties. 
     This State authority has never been displaced or preempted by 
     Congress.

     SEC. 7. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT 
                   OF IMMIGRATION LAWS ENCOURAGED.

       (a) In General.--Beginning on the date that is 1 year after 
     the date of the enactment of this Act, a State, or a 
     political subdivision of a State, that has in effect a 
     statute, policy, or practice that prohibits law enforcement 
     officers of the State, or of a political subdivision of the 
     State, from assisting or cooperating with Federal immigration 
     law enforcement in the course of carrying out the officers' 
     routine law enforcement duties may not receive any of the 
     funds that would otherwise be allocated to the State under 
     section 241(i) of the Immigration and Nationality Act (8 
     U.S.C. 1231(i)).
       (b) Rule of Construction.--Nothing in this section may be 
     construed to require law enforcement officials from States, 
     or from political subdivisions of States, to report or arrest 
     victims or witnesses of a criminal offense.
       (c) Reallocation of Funds.--Any funds that are not 
     allocated to a State, or to a political subdivision of a 
     State, due to the failure of such State, or of the political 
     subdivision of such State, to comply with subsection (a) 
     shall be reallocated to States, or to political subdivisions 
     of States, that comply with such subsection.

     SEC. 8. 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 and periodically thereafter as 
     updates may require, the Commissioner for U.S. Customs and 
     Border Protection shall provide the National Crime 
     Information Center of the Department of Justice with such 
     information as the Commissioner may possess regarding any 
     aliens--
       (A) against whom a final order of removal has been issued;
       (B) who have signed a voluntary departure agreement;
       (C) who have overstayed their authorized period of stay; or
       (D) whose visas have been revoked.
       (2) Immigration violators file.--The National Crime 
     Information Center shall enter all of the information 
     received pursuant to paragraph (1) into the Immigration 
     Violators File regardless of whether--
       (A) the alien concerned received notice of a final order of 
     removal;
       (B) the alien concerned has already been removed; or
       (C) sufficient identifying information is available with 
     respect to the alien concerned.
       (b) Inclusion of Information in the NCIC Index.--
       (1) In general.--Section 534(a) of title 28, United States 
     Code, is amended--
       (A) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations by aliens of the immigration laws of the United 
     States, regardless of whether--
       ``(A) any such alien has received notice of any such 
     violation;
       ``(B) sufficient identifying information is available with 
     respect to any such alien; and
       ``(C) any such alien has already been removed from the 
     United States;''.
       (2) Effective date.--The Attorney General shall implement 
     the amendment made by paragraph (1) not later than 6 months 
     after the date of the enactment of this Act.

     SEC. 9. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF 
                   INFORMATION ABOUT APPREHENDED ALIENS.

       (a) Provision of Information.--In compliance with section 
     642(a) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 434 
     of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and 
     each political subdivision of a State, shall submit to the 
     Secretary, in a timely manner, the information specified in 
     subsection (b) with respect to each alien apprehended in the 
     jurisdiction of the State, or of a political subdivision of 
     the State, who is believed to be in violation of the 
     immigration laws of the United States.
       (b) Information Required.--The information specified in 
     this subsection is--
       (1) the alien's name;
       (2) the alien's address or place of residence;
       (3) a physical description of the alien;
       (4) the date, time, and location of the encounter with the 
     alien and reason for stopping, detaining, apprehending, or 
     arresting the alien;
       (5) if applicable--
       (A) the alien's driver's license number and the State of 
     issuance of such license;
       (B) the type of any other identification document issued to 
     the alien, the designation number contained on the 
     identification document, and the issuing entity for the 
     identification document; and
       (C) the license plate number, make, and model of any 
     automobile registered to, or driven by, the alien; and
       (6) if available or readily obtainable--
       (A) a photo of the alien, ; and
       (B) the alien's fingerprints.
       (c) Annual Report.--The Secretary shall annually submit to 
     Congress a detailed report listing the States, and the 
     political subdivisions of States, that provided information 
     pursuant to subsection (a) with respect to the preceding 
     year.
       (d) Reimbursement.--The Secretary shall reimburse States, 
     and political subdivisions of a State, for all reasonable 
     costs, as determined by the Secretary, incurred by each 
     State, and each political subdivision of a State, as a result 
     of submitting the information required to be submitted 
     pursuant to subsection (a).
       (e) Rule of Construction.--Nothing in this section may be 
     construed to require law enforcement officials of a State, or 
     of a political subdivision of a State, to submit to the 
     Secretary information related to a victim of a crime or 
     witness to a criminal offense.

     SEC. 10. FINANCIAL ASSISTANCE TO STATE AND LOCAL LAW 
                   ENFORCEMENT AGENCIES THAT ASSIST IN THE 
                   ENFORCEMENT OF IMMIGRATION LAWS.

       (a) Grants for Special Equipment for Housing and Processing 
     Certain Aliens.--The Secretary shall award grants to States 
     and political subdivisions of States for the procurement of 
     equipment, technology, facilities, and other products that 
     facilitate and are directly related to investigating, 
     apprehending, arresting, detaining, or transporting aliens 
     who have violated the immigration laws of the United States, 
     including additional administrative costs incurred to comply 
     with the requirements under this Act.
       (b) Eligibility.--A State or political subdivision of a 
     State desiring a grant under this section shall have the 
     authority to assist, and shall have a written policy and 
     practice of assisting, in the enforcement of the immigration 
     laws of the United States in the course of carrying out the 
     routine law enforcement duties of such State or political 
     subdivision. Entities covered under this section may not have 
     any policy or practice that prevents local law enforcement 
     from inquiring about a suspect's immigration status.
       (c) GAO Audit.--Not later than 3 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct an audit of funds distributed to 
     States and political subdivisions of a State pursuant to 
     subsection (a).

     SEC. 11. INCREASED FEDERAL DETENTION SPACE.

       (a) Construction or Acquisition of Detention Facilities.--

[[Page S189]]

       (1) In general.--The Secretary shall construct or acquire, 
     in addition to existing facilities for the detention of 
     aliens, 20 detention facilities in the United States, for 
     aliens detained pending removal from the United States or a 
     decision regarding such removal. Each facility shall have a 
     sufficient number of beds necessary to effectuate the 
     purposes of this Act.
       (2) Determinations.--The location of any detention facility 
     built or acquired pursuant to this subsection shall be 
     determined by the Assistant Director of the Custody 
     Management Division of the Enforcement and Removal 
     Directorate.
       (b) Technical and Conforming Amendment.--Section 241(g)(1) 
     of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) 
     is amended by striking ``may expend'' and inserting ``shall 
     expend''.

     SEC. 12. FEDERAL CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE 
                   UNITED STATES APPREHENDED BY STATE OR LOCAL LAW 
                   ENFORCEMENT.

       (a) State Apprehension.--
       (1) In general.--Chapter 4 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1221 et seq.) is amended by 
     inserting after section 240C the following:

     ``SEC. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE 
                   UNITED STATES.

       ``(a) Defined Term.--In this section, the term `alien who 
     is unlawfully present in the United States' means an alien 
     who--
       ``(1) entered the United States without inspection or at 
     any time, manner, or place not designated by the Secretary of 
     Homeland Security;
       ``(2) was admitted as a nonimmigrant and who, at the time 
     the alien was taken into custody by the State, or a political 
     subdivision of the State, failed--
       ``(A) to maintain the nonimmigrant status in which the 
     alien was admitted or to which it was changed pursuant to 
     section 248; or
       ``(B) to comply with the conditions of any such status;
       ``(3) was admitted as an immigrant and subsequently failed 
     to comply with the requirements of such status; or
       ``(4) failed to depart the United States under a voluntary 
     departure agreement or under a final order of removal.
       ``(b) Transfer of Custody by State and Local Officials.--If 
     a State, or a political subdivision of the State, exercising 
     authority with respect to the apprehension or arrest of an 
     alien who is unlawfully present in the United States, submits 
     to the Secretary of Homeland Security a request that such 
     alien be taken into Federal custody, the Secretary--
       ``(1) not later than 48 hours after the conclusion of the 
     State, or the political subdivision of a State, charging 
     process or dismissal process, or if no State or political 
     subdivision charging or dismissal process is required, not 
     later than 48 hours after the alien is apprehended, shall 
     take the alien into the custody of the Federal Government and 
     incarcerate the alien; or
       ``(2) shall request that the relevant State or local law 
     enforcement agency temporarily incarcerate or transport the 
     alien for transfer to Federal custody.
       ``(c) Policy on Detention in State and Local Detention 
     Facilities.--In carrying out section 241(g)(1), the Attorney 
     General or the Secretary of Homeland Security shall ensure 
     that an alien arrested pursuant to this Act is detained, 
     pending the alien being taken for an examination under this 
     section, in a State or local prison, jail, detention center, 
     or other comparable facility. Such a facility is adequate for 
     detention if--
       ``(1) the facility is the most suitably located Federal, 
     State, or local facility available for such purpose under the 
     circumstances;
       ``(2) an appropriate arrangement for such use of the 
     facility can be made; and
       ``(3) the facility satisfies the standards for the housing, 
     care, and security of persons held in custody of a United 
     States marshal.
       ``(d) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse States and political subdivisions of a State for 
     all reasonable expenses, as determined by the Secretary, 
     incurred by the State, or political subdivision as a result 
     of the incarceration and transportation of an alien who is 
     unlawfully present in the United States.
       ``(2) Calculation.--Compensation provided pursuant to 
     paragraph (1) shall be equal to the sum of--
       ``(A) the average cost of incarceration of a prisoner in 
     the relevant State for the period the alien was incarcerated, 
     as determined by the chief executive officer of a State, or 
     of a political subdivision of a State; and
       ``(B) the cost of transporting the alien from the point of 
     apprehension to the place of detention, and to the custody 
     transfer point if the place of detention and the place of 
     custody are different.
       ``(e) Secure Facilities.--The Secretary of Homeland 
     Security shall ensure that aliens incarcerated in Federal 
     facilities pursuant to this section are held in facilities 
     that provide an appropriate level of security.
       ``(f) Transfer.--
       ``(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 
     aliens from the custody of States and political subdivisions 
     of a State to Federal custody.
       ``(2) Contracts.--The Secretary of Homeland Security may 
     enter into contracts, including appropriate private 
     contracts, to implement this subsection.''.
       (2) Clerical amendment.--The table of contents of 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. Custody of aliens unlawfully present in the United 
              States.''.

       (b) GAO Audit.--Not later than 3 years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct an audit of compensation to 
     States and political subdivisions of a State for the 
     incarceration of aliens unlawfully present in the United 
     States under section 240D of the Immigration and Nationality 
     Act, as added by subsection (a)(1).

     SEC. 13. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT 
                   PERSONNEL RELATING TO THE ENFORCEMENT OF 
                   IMMIGRATION LAWS.

       (a) Establishment of Training Manual and Pocket Guide.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary shall develop--
       (1) a manual to train law enforcement personnel of a State, 
     or of a political subdivision of a State, on the 
     investigation, identification, apprehension, arrest, 
     detention, and transfer to Federal custody of aliens 
     unlawfully present in the United States (including the 
     transportation of such aliens across State lines to detention 
     centers and the identification of fraudulent documents); and
       (2) an immigration enforcement pocket guide for law 
     enforcement personnel of a State, or of a political 
     subdivision of a State, to provide a quick reference for such 
     personnel in the course of carrying out their duties.
       (b) Availability.--The training manual and pocket guide 
     developed pursuant to subsection (a) shall be made available 
     to all State and local law enforcement personnel.
       (c) Costs.--The Secretary shall be responsible for any 
     costs incurred in developing the training manual and pocket 
     guide pursuant to subsection (a).
       (d) Rule of Construction.--Nothing in this section may be 
     construed to require State or local law enforcement personnel 
     to carry the training manual or pocket guide with them while 
     on duty.
       (e) Training Flexibility.--
       (1) In general.--The Secretary shall make training of State 
     and local law enforcement officers available through as many 
     means as possible, including through--
       (A) residential training at the Center for Domestic 
     Preparedness of the Federal Emergency Management Agency;
       (B) onsite training held at State or local police agencies 
     or facilities;
       (C) online training courses by computer, teleconferencing, 
     and videotape; or
       (D) training courses made available on DVD.
       (2) E-learning.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary shall ensure that--
       (A) an e-learning portal is made available through the 
     Federal Law Enforcement Training Center's Distributed 
     Learning Program to train State and local law enforcement 
     officers through a secure, encrypted distributed learning 
     system; and
       (B) the system described in subparagraph (A) is scalable 
     and survivable and has all its servers based in the United 
     States.
       (3) Priority.--In carrying out this section, priority 
     funding shall be given for existing web-based immigration 
     enforcement training systems.
       (4) Federal personnel training.--The training of State and 
     local law enforcement personnel under this section shall not 
     displace the training of Federal personnel.
       (5) Savings provision.--Nothing in this Act or in any other 
     provision of law may be construed as making any immigration-
     related training a requirement for, or prerequisite to, any 
     State or local law enforcement officer assisting in the 
     enforcement of Federal immigration laws in the normal course 
     of carrying out the law enforcement duties of such officers.

     SEC. 14. IMMUNITY.

       (a) Personal Immunity.--A law enforcement officer of a 
     State or local law enforcement agency who is acting within 
     the scope of the officer's official duties shall be immune, 
     to the same extent as a Federal law enforcement officer, from 
     personal liability arising out of the performance of any duty 
     described in this Act.
       (b) Agency Immunity.--A State or local law enforcement 
     agency 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 Federal immigration 
     law, except to the extent a law enforcement officer of such 
     agency committed a violation of Federal, State, or local 
     criminal law in the course of enforcing such immigration law.

     SEC. 15. INSTITUTIONAL REMOVAL PROGRAM.

       (a) Continuation and Expansion.--
       (1) In general.--The Secretary shall continue to operate 
     and implement the program known as the Institutional Removal 
     Program, which--
       (A) identifies removable criminal aliens in Federal and 
     State correctional facilities;
       (B) ensures such aliens are not released into the 
     community; and
       (C) removes such aliens from the United States after the 
     completion of their respective sentences.
       (2) Expansion.--The Institutional Removal Program shall be 
     extended to all States. Any State that receives Federal funds 
     for the incarceration of criminal aliens shall--

[[Page S190]]

       (A) cooperate with officials of the Institutional Removal 
     Program;
       (B) expeditiously and systematically identify all criminal 
     aliens in its prison and jail populations; and
       (C) promptly convey such information to officials of the 
     Institutional Removal Program as a condition of receiving 
     such Federal funds.
       (b) Authorization for Detention After Completion of State 
     or Local Prison Sentence.--Law enforcement officers of a 
     State, or of a political subdivision of a State, may--
       (1) hold a criminal alien for a period of up to 14 days 
     after the alien has completed the alien's State prison 
     sentence in order to effectuate the transfer of the alien to 
     Federal custody when the alien is removable or not lawfully 
     present in the United States; or
       (2) issue a detainer that would allow aliens who have 
     served a State prison sentence to be detained by the State 
     prison until personnel from U.S. Immigration and Customs 
     Enforcement can take such alien into custody.
       (c) Technology Usage.--Technology, such as video 
     conferencing, shall be used to the maximum extent practicable 
     to make the Institutional Removal Program available in remote 
     locations. Mobile access to Federal databases of aliens, such 
     as IDENT, and live scan technology shall be used, to the 
     maximum extent practicable, to make such resources available 
     to State and local law enforcement agencies in remote 
     locations.

     SEC. 16. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Department of Homeland Security, for fiscal year 2025 and 
     for each subsequent fiscal year, such sums as may be 
     necessary to carry out sections 4 through 15 of this Act.
       (b) State Criminal Alien Assistance Program.--Section 
     241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1231(i)(5)) is amended to read as follows:
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as may be necessary for fiscal year 2025 and for 
     each subsequent fiscal year.''.

     SEC. 17. SEVERABILITY.

       If any provision of this Act or of any amendment made by 
     this Act, or the application of such provision or amendment 
     to any person or circumstance, is held to be invalid, the 
     remainder of the provisions of this Act and of the amendments 
     made by this Act, and the application of any such provision 
     or amendment to other persons not similarly situated or to 
     other circumstances, shall not be affected.
                                 ______
                                 
  SA 52. Mr. HAWLEY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, line 19, insert ``any crime involving the use or 
     operation of a motor vehicle, or any crime that victimizes a 
     minor child,'' after ``offense,''.
                                 ______
                                 
  SA 53. Mr. KAINE (for himself, Mr. Bennet, Mr. Hickenlooper, Mr. 
King, Mrs. Shaheen, Mr. Van Hollen, Mr. Welch, Mr. Merkley, Mr. Warner, 
and Mr. Lujan) submitted an amendment intended to be proposed by him to 
the bill S. 5, to require the Secretary of Homeland Security to take 
into custody aliens who have been charged in the United States with 
theft, and for other purposes; which was ordered to lie on the table; 
as follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Laken Riley Act''.

     SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS.

       Section 236(c) of the Immigration and Nationality Act (8 
     U.S.C. 1226(c)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C), by striking ``or'';
       (B) in subparagraph (D), by striking the comma at the end 
     and inserting a semicolon; and
       (C) by inserting after subparagraph (D) the following:
       ``(E)(i) is inadmissible under paragraph (6)(A), (6)(C), or 
     (7) of section 212(a); and
       ``(ii)(I) is convicted of a crime resulting in serious 
     bodily injury;
       ``(II) is convicted of any burglary, theft, or larceny 
     offense; or
       ``(III) has been arrested for, or is charged with, a 
     criminal offense described in subclause (I) or (II) and was 
     ordered removed in absentia under section 240(b)(5) or is 
     subject to a bench warrant for failing to appear in 
     connection with a criminal charge or citation described in 
     subclause (I) or (II),'';
       (2) by redesignating paragraph (2) as paragraph (6); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Definitions.--For purposes of paragraph (1)(E), the 
     terms `burglary', `theft', and `larceny', have the meanings 
     given such terms in the jurisdiction in which the acts 
     occurred.
       ``(3) Treatment of children.--No child who is younger than 
     16 years of age may be detained pursuant to subclause (II) or 
     (III) of paragraph (1)(E)(ii). A child who is 17 or 18 years 
     of age may not be detained pursuant to subclause (II) or 
     (III) of paragraph (1)(E) unless the Secretary of Homeland 
     Security determines, based on available evidence, that the 
     child poses a danger to the community or is a flight risk.
       ``(4) Procedure.--Any alien detained longer than 3 months 
     pursuant to paragraph (1)(E) may request a custody 
     determination hearing before an immigration judge, who shall 
     determine bond or other conditions for release only after 
     determining that such alien does not poses a danger to the 
     community.
       ``(5) Detainer.--The Secretary of Homeland Security shall--
       ``(A) issue a detainer for any alien described in paragraph 
     (1)(E); and
       ``(B) if such alien is not otherwise being detained by 
     Federal, State, or local law enforcement officials, 
     effectively and expeditiously take custody of such alien.''.
                                 ______
                                 
  SA 54. Mr. COONS submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, line 21, strike ``(4)'' and insert ``(5)''.
       On page 3, line 8, strike the end quote and final period 
     and insert the following:
       ``(4) Exception.--The requirement to take into custody an 
     alien described in paragraph (1)(E) shall not apply if such 
     detention would result in the release of, or the inability to 
     detain or remove, an alien determined to be a more serious 
     public safety threat or flight risk.''.
                                 ______
                                 
  SA 55. Mrs. SHAHEEN submitted an amendment intended to be proposed by 
her to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 7, line 2, strike the period at the end.
       On page 7, between lines 2 and 3, insert the following:
       ``(D) Rule of construction with respect to ukrainian and 
     afghan nationals.--Nothing in subparagraph (C) may be 
     construed to limit the authority or impose liability on any 
     Department or officer of the Federal Government pursuant to a 
     determination to provide humanitarian parole to Afghan 
     nationals who entered the United States after August 1, 2021 
     or Ukrainian nationals who entered the United States after 
     February 24, 2022.''.
                                 ______
                                 
  SA 56. Mr. MURPHY (for himself, Mr. Kaine, Mr. King, Mr. Warnock, Ms. 
Klobuchar, and Ms. Baldwin) submitted an amendment intended to be 
proposed by him to the bill S. 5, to require the Secretary of Homeland 
Security to take into custody aliens who have been charged in the 
United States with theft, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 4. IMMIGRATION-RELATED ARREST WARRANTS.

       (a) Short Title.--This section may be cited as the 
     ``Improving Public Safety Through Immigration Warrant 
     Issuance Act''.
       (b) Warrant Authority.--
       (1) 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;

[[Page S191]]

       ``(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.''.
       (2) 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.''.
                                 ______
                                 
  SA 57. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 3, strike line 9 and all that follows 
     through page 8, line 10, and insert the following:

     SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.

       (a) Standing.--The attorney general of a State, or other 
     authorized State officer, alleging that firearms shipped, 
     transported, transferred, or otherwise disposed to another 
     person across the border of the United States in or otherwise 
     affecting interstate or foreign commerce, harms such State or 
     its residents shall have standing to bring an action against 
     the Secretary of Homeland Security on behalf of such State or 
     the residents of such State in an appropriate district court 
     of the United States to obtain appropriate injunctive relief.
       (b) Disposition of Civil Action.--The court shall advance 
     on the docket and expedite the disposition of a civil action 
     filed pursuant to subsection (a) to the greatest extent 
     practicable.
       (c) Harm Defined.--For purposes of this section, a State or 
     its residents shall be considered to have been harmed if such 
     State or its residents experience harm, including financial 
     harm in excess of $100.
                                 ______
                                 
  SA 58. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, line 15, insert ``after the date of the 
     enactment of the Laken Riley Act,'' before ``is charged 
     with''.
                                 ______
                                 
  SA 59. Mr. DURBIN (for himself and Mr. Sanders) submitted an 
amendment intended to be proposed by him to the bill S. 5, to require 
the Secretary of Homeland Security to take into custody aliens who have 
been charged in the United States with theft, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 4. NONDISPLACEMENT REQUIREMENT FOR UNITED STATES 
                   WORKERS.

       Section 101(a)(15)(H)(i)(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended by 
     inserting ``will not displace United States workers capable 
     of performing such occupations and'' after ``the intending 
     employer''.
                                 ______
                                 
  SA 60. Mr. KING submitted an amendment intended to be proposed by him 
to the bill S. 5, to require the Secretary of Homeland Security to take 
into custody aliens who have been charged in the United States with 
theft, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

     SEC. 4. ALTERNATIVES TO DETENTION FOR CERTAIN ALIENS.

       Section 236(c) of the Immigration and Nationality Act (8 
     U.S.C. 1226(c)), as amended by this Act, is further amended 
     by adding at the end the following:
       ``(5) Alternatives to detention for certain aliens.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     impose ankle monitoring or a similar level of supervision, as 
     an alternative to detention, in the case of an alien 
     described in paragraph (1)(E)--
       ``(i) who does not pose a threat to public safety; and
       ``(ii) with respect to whom there are extenuating 
     circumstances.
       ``(B) Extenuating circumstances.--In determining whether 
     there are extenuating circumstances for purposes of 
     subparagraph (A)(ii), the Secretary shall consider as 
     relevant factors--
       ``(i) whether the alien's detention would result in the 
     loss of a provider or caregiver for a child or dependent; and
       ``(ii) whether the alien is pregnant or suffering from a 
     serious medical condition.
       ``(C) Procedures and guidance.--The Secretary of Homeland 
     Security, in consultation with the Director of U.S. 
     Immigration and Customs Enforcement, shall--
       ``(i) establish procedures for an alien detained pursuant 
     to paragraph (1)(E) to petition U.S. Immigration and Customs 
     Enforcement for an alternative mandatory custodial 
     arrangement; and
       ``(ii) issue guidance to U.S. Immigration and Customs 
     Enforcement for determining whether an alien described in 
     paragraph (1)(E) poses a threat to public safety.''.
                                 ______
                                 
  SA 61. Mr. KING submitted an amendment intended to be proposed by him 
to the bill S. 5, to require the Secretary of Homeland Security to take 
into custody aliens who have been charged in the United States with 
theft, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 2, line 21, strike ``and''.
       On page 3, line 8, strike the period at the end and insert 
     ``; and''.
       On page 3, between lines 8 and 9, insert the following:
       (4) by inserting after paragraph (4) the following:
       ``(5) Exception.--Paragraph (1)(E) shall not apply with 
     respect to the following individuals:
       ``(A) An individual under the age of 18.
       ``(B) An individual eligible for relief under the deferred 
     action for childhood arrivals program described in the 
     memorandum of the Department of Homeland Security entitled 
     `Exercising Prosecutorial Discretion with Respect to 
     Individuals Who Came to the United States as Children' issued 
     on June 15, 2012 (commonly known as the `DACA program').''.
                                 ______
                                 
  SA 62. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 3, strike lines 9 and 10 and insert the following:

[[Page S192]]

  


     SEC. 3. CONTINUANCE FOR IMMIGRATION PROCEEDINGS.

       The Executive Office of Immigration Review shall grant at 
     least 1 motion for a continuance of any hearing for a period 
     of not less 6 months if such continuance is requested in 
     writing before such scheduled hearing, on behalf of an alien 
     detained pursuant to section 236(c)(1)(E) of the Immigration 
     and Nationality Act, as added by section 2(1)(C).

     SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.

                                 ______
                                 
  SA 63. Mr. SANDERS (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 5, to require 
the Secretary of Homeland Security to take into custody aliens who have 
been charged in the United States with theft, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the bill, add the following:

     SEC. 4. PROTECTING WORKERS.

       (a) Median Local Wage Level for H-1B Nonimmigrants.--
     Section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182) is amended--
       (1) in subsection (n)--
       (A) in paragraph (1)(A)(i)(II), by striking ``prevailing 
     wage level'' and inserting ``the higher of the median local 
     wage level or the actual wage of similarly employed 
     workers''; and
       (B) in paragraph (2)(H)(iii), by striking ``prevailing 
     wage'' each place such term appears and inserting ``the 
     higher of the median local wage level or the actual wage of 
     similarly employed workers'';
       (2) by striking subsection (p);
       (3) by redesignating subsections (q), (r), and (s) as 
     subsections (p), (q), and (r), respectively; and
       (4) by redesignating subsection (t), as added by section 
     1(b)(2)(B) of Public Law 108-449, as subsection (s).
       (b) Increase of H-1B Fees and Use of Fees for National 
     Science Foundation Scholarships.--
       (1) In general.--Section 214(c)(9)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by 
     striking ``$1,500'' and inserting ``$3,000''.
       (2) National science foundation scholarships in science, 
     technology, engineering, and mathematics program.--Fifty 
     percent of the funds available under section 286(s)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), shall 
     be made available for the Scholarships in Science, 
     Technology, Engineering, and Mathematics program of the 
     National Science Foundation.
       (c) Certification Requirement.--Section 214(c)(14) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(c)(14)) is 
     amended--
       (1) by redesignating subparagraph (D) as subparagraph (G); 
     and
       (2) by inserting after subparagraph (C) the following:
       ``(D) Except as provided in subparagraph (F), a petition by 
     an employer seeking to hire an alien described in section 
     101(a)(15)(H)(i)(b) may not be approved until such employer 
     has provided written certification, under penalty of perjury, 
     to the Secretary of Labor that--
       ``(i) the employer or employer under common law has not 
     been required by law to provide a notice of a mass layoff 
     pursuant to the Worker Adjustment and Retraining Notification 
     Act (29 U.S.C. 2101 et seq.) during the 12-month period 
     immediately preceding the date on which the alien is to be 
     hired; and
       ``(ii) the employer or employer under common law does not 
     intend to provide a notice of a mass layoff pursuant to such 
     Act.
       ``(E) Except as provided in subparagraph (F), if an 
     employer or employer under common law is required by law to 
     provide a notice of a mass layoff pursuant to such Act after 
     hiring nonimmigrants granted status pursuant to section 
     101(a)(15)(H)(i)(b), the status of such nonimmigrants shall 
     expire on the date that is 120 days after the date on which 
     such notice is provided.
       ``(F) An employer shall be exempt from the requirements 
     under subparagraphs (D) and (E) if such employer provides 
     written certification, under penalty of perjury, that the 
     total number of the employees of the employer or the employer 
     under common law in the United States will not be reduced as 
     a result of a mass layoff.''.
       (d) Eliminating Impediments to Worker Mobility.--
       (1) Effect of ending employment relationship.--Section 
     214(n) of such Act (8 U.S.C. 1184(n)) is amended by adding at 
     the end the following:
       ``(3) A nonimmigrant admitted under section 
     101(a)(15)(H)(i)(b) whose employment relationship ends 
     (either voluntarily or involuntarily) before the expiration 
     of the nonimmigrant's period of authorized admission shall be 
     deemed to have retained such legal status throughout the 120-
     day period beginning on such employment ending date if an 
     employer files a petition to extend, change, or adjust the 
     status of the nonimmigrant during such period.''.
       (2) Visa revalidation.--Section 222(c) of the Immigration 
     and Nationality Act (8 U.S.C. 1202(c)) is amended by adding 
     at the end the following ``The Secretary of State shall 
     authorize an alien admitted under subparagraph (E), (H), (L), 
     (O), or (P) of section 101(a)(15) to renew his or her 
     nonimmigrant visa in the United States if the alien has 
     remained eligible for such status.''.
                                 ______
                                 
  SA 64. Mr. HEINRICH submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. IMPROVING BORDER SECURITY.

       (a) Short Title.--This section may be cited as the ``Stop 
     Fentanyl at the Border Act''.
       (b) Funding.--
       (1) Enhancing law enforcement capabilities at the border.--
     There is appropriated, out of any money in the Treasury not 
     otherwise appropriated, for the Department of Homeland 
     Security for the fiscal year ending September 30, 2026, 
     $3,409,000,000, to remain available until September 30, 2028, 
     to support and enhance law enforcement capabilities at land 
     borders of the United States, of which--
       (A) $300,000,000 shall be for additional civilian U.S. 
     Border Patrol processing coordinators;
       (B) $1,750,000,000 shall be for additional U.S. Customs and 
     Border Protection officers, U.S. Border Patrol agents, and 
     mission support staff within the Office of Field Operations 
     and U.S. Border Patrol;
       (C) $950,000,000 shall be for hiring bonuses, retention 
     bonuses, and retention-focused support services, including 
     mental health services, for U.S. Customs and Border 
     Protection officers, U.S. Border Patrol agents, U.S. Border 
     Patrol processing coordinators, and any other U.S. Customs 
     and Border Protection staff whose work supports operations at 
     the land borders of the United States; and
       (D) $409,000,000 shall be for ``U.S. Citizenship and 
     Immigration Services-Operations and Support'' to contribute 
     to improved operations along the land borders of the United 
     States.
       (2) Increasing fentanyl interdiction and enhancing 
     processing capabilities at the border.--There is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for U.S. Customs and Border Protection for the 
     fiscal year ending September 30, 2026, $1,090,000,000, to 
     remain available until September 30, 2028, to increase drug 
     interdiction and processing capabilities at land borders of 
     the United States, of which--
       (A) $960,000,000 shall be for technology improvements and 
     upgrades, which may include--
       (i) the procurement and deployment of large-scale, small-
     scale, and handheld non-intrusive inspection scanning systems 
     at ports of entry along the land borders of the United 
     States; and
       (ii) upgrades to the information technology infrastructure 
     upon which these systems and associated software are 
     operated;
       (B) $30,000,000 shall be for technological and procedural 
     improvements to the process of analyzing and adjudicating 
     images from non-intrusive inspection scanning technology at 
     land ports of entry, which may include support for the 
     continued development of anomaly detection algorithms to 
     enhance detection of illegal drugs at land ports of entry; 
     and
       (C) $100,000,000 shall be for other technology and 
     infrastructure upgrades that the Commissioner for U.S. 
     Customs and Border Protection deems necessary for the 
     agency's drug interdiction work.
       (3) Disrupting the outbound flow of firearms and currency 
     from the united states.--There is appropriated, out of any 
     money in the Treasury not otherwise appropriated, for U.S. 
     Customs and Border Protection for the fiscal year ending 
     September 30, 2026, $285,000,000, to remain available until 
     September 30, 2028, for increasing outbound inspection 
     capabilities, including disrupting the flow of firearms and 
     currency out of the United States, of which--
       (A) $10,000,000 shall be for supporting the Outbound 
     Enforcement Branch within the Office of Field Operations to 
     develop and implement a comprehensive outbound inspection 
     policy and performance metrics to measure the impact of 
     outbound inspections; and
       (B) $275,000,000 shall be for outbound inspections 
     infrastructure projects at the land borders of the United 
     States, including--
       (i) technology and connectivity improvements at rural ports 
     of entry; and
       (ii) safety and technology upgrades to outbound inspection 
     lanes at ports of entry.
       (4) Disrupting transnational fentanyl networks.--There is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2026--
       (A) $223,000,000, to remain available until September 30, 
     2028, to U.S. Immigration and Customs Enforcement to expand 
     efforts to interdict fentanyl and other illegal drugs, and 
     disrupt networks operated by transnational criminal 
     organizations within the United States, of which--
       (i) $113,000,000 shall be for additional Homeland Security 
     Investigations special agents;
       (ii) $80,000,000 shall be for the implementation of 
     Homeland Security Investigations' Strategy for Combating 
     Illicit Opioids; and
       (iii) $30,000,000 shall be for joint surge operations along 
     the land borders of the United States by Homeland Security 
     Investigations and U.S. Customs and Border Protection;
       (B) $68,000,000, to remain available until September 30, 
     2028, to the Drug Enforcement Administration, which shall be 
     used for salaries and expenses relating to increased law

[[Page S193]]

     enforcement activities along the land borders of the United 
     States;
       (C) $60,000,000, to remain available until September 30, 
     2028, to the White House Office of National Drug Control 
     Policy for the High Intensity Drug Trafficking Areas Program;
       (D) $110,000,000, to remain available until September 30, 
     2028, to the Department of Justice for the Organized Crime 
     Drug Enforcement Task Forces; and
       (E) $50,000,000, to remain available until September 30, 
     2028, to the U.S. Marshals Service for salaries and expenses 
     relating to increased law enforcement activities along the 
     land borders of the United States.
       (c) Reporting Requirements.--
       (1) Report on u.s. border patrol processing coordinators.--
     Not later than March 31, 2028, the Commissioner for U.S. 
     Customs and Border Protection shall submit a report to 
     Congress that--
       (A) details the impacts of Border Patrol Processing 
     Coordinator positions; and
       (B) describes how such positions are supporting the mission 
     of U.S. Customs and Border Protection.
       (2) Report on new outbound inspections program.--Not later 
     than March 31, 2028, the Executive Assistant Commissioner of 
     the Office of Field Operations of U.S. Customs and Border 
     Protection shall submit a report to Congress that details the 
     equipment that would be needed to establish a permanent 
     outbound inspections program to increase the rate of scanning 
     of motor vehicles departing the United States.
       (3) Report on existing and planned scanning technology.--
     Not later than March 31, 2028, the Executive Assistant 
     Commissioner of the Office of Field Operations of U.S. 
     Customs and Border Protection shall submit a report to 
     Congress that details, for each United States land port of 
     entry--
       (A) a summary of the non-intrusive inspection technology 
     that is in use or is being built out; and
       (B) the major factors to consider regarding the future 
     procurement and deployment of large-scale, non-intrusive 
     inspection machines at the port of entry, including--
       (i) existing limitations, including--

       (I) the footprint of the port of entry;
       (II) land that is available for use by U.S. Customs and 
     Border Protection at the port of entry; and
       (III) any geological or environmental factors that would 
     affect construction timelines or costs;

       (ii) the volume and modes of traffic at the port of entry, 
     and an estimate of the potential impacts of additional large-
     scale, non-intrusive inspection systems being deployed, in 
     terms of additional seizures and impacts on transit times; 
     and
       (iii) an analysis of the cost-effectiveness of deploying 
     additional large-scale non-intrusive inspection systems at 
     the port of entry.
       (d) Penalties for Hindering Immigration, Border, and 
     Customs Controls.--
       (1) Personnel and structures.--Chapter 8 of title II of the 
     Immigration and Nationality Act (8 U.S.C. 1321 et seq.) is 
     amended by inserting after section 274D the following:

     ``SEC. 274E. DESTROYING OR EVADING BORDER CONTROLS.

       ``(a) In General.--It shall be unlawful to knowingly and 
     without lawful authorization--
       ``(1)(A) destroy or significantly damage any fence, 
     barrier, sensor, camera, or other physical or electronic 
     device deployed by the Federal Government to control an 
     international border of, or a port of entry to, the United 
     States; or
       ``(B) otherwise construct, excavate, or make any structure 
     intended to defeat, circumvent or evade such a fence, 
     barrier, sensor camera, or other physical or electronic 
     device deployed by the Federal Government to control an 
     international border of, or a port of entry to, the United 
     States; and
       ``(2) in carrying out an act described in paragraph (1), 
     have the intent to knowingly and willfully--
       ``(A) secure a financial gain;
       ``(B) further the objectives of a criminal organization; 
     and
       ``(C) violate--
       ``(i) section 274(a)(1)(A)(i);
       ``(ii) the customs and trade laws of the United States (as 
     defined in section 2(4) of the Trade Facilitation and Trade 
     Enforcement Act of 2015 (19 U.S.C. 4301(4)));
       ``(iii) any other Federal law relating to transporting 
     controlled substances, agriculture, or monetary instruments 
     into the United States; or
       ``(iv) any Federal law relating to border control measures 
     of the United States.
       ``(b) Penalty.--Any person who violates subsection (a) 
     shall be fined under title 18, United States Code, imprisoned 
     for not more than 5 years, or both.''.
       (2) 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 274D 
     the following:

``Sec. 274E. Destroying or evading border controls.''.
                                 ______
                                 
  SA 65. Mr. CASSIDY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. EXPANSION OF REIMBURSEMENTS UNDER STATE CRIMINAL 
                   ALIEN ASSISTANCE PROGRAM.

       (a) Reimbursements Under Immigration and Nationality Act.--
       (1) In general.--Section 241(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(i)) is amended--
       (A) by striking paragraph (2) and inserting the following:
       ``(2)(A) Except as provided in subparagraph (B), 
     compensation under paragraph (1)(A) shall be the average cost 
     of incarceration of a prisoner in the relevant State as 
     determined by the Attorney General.
       ``(B) Compensation under paragraph (1)(A) with respect to 
     an undocumented criminal alien described under paragraph 
     (3)(A) shall--
       ``(i) be provided for each day such undocumented criminal 
     alien is detained by a State or a political subdivision of a 
     State; and
       ``(ii) be equal to the average daily cost of incarceration 
     of a prisoner at facilities in the same level of security as 
     such undocumented criminal alien for the relevant State, as 
     determined by the Attorney General.''; and
       (B) in paragraph (3)--
       (i) in subparagraph (B), by redesignating clauses (ii) and 
     (iii) as subclauses (II) and (III), respectively;
       (ii) by redesignating subparagraphs (A) and (B)(i) as 
     subparagraph (B)(i) and clause (ii)(I), respectively; and
       (iii) by inserting after the matter preceding subparagraph 
     (B)(i), as so redesignated, the following:
       ``(A) is described in section 236(c)(E); or''.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out the amendments made by this 
     subsection.
       (b) Reimbursements Under Immigration Reform and Control Act 
     of 1986.--Section 501(a) of the Immigration Reform and 
     Control Act of 1986 (8 U.S.C. 1365(a)) is amended by 
     inserting ``or any alien described in section 236(c)(E) of 
     the Immigration and Nationality Act (8 U.S.C. 1226(c)(E)'' 
     after ``by such State''.
                                 ______
                                 
  SA 66. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 3, line 8, strike the end quote and final period 
     and insert the following:
       ``(4) Exemption for young children.--The mandatory 
     detention requirement set forth in paragraph (1)(E) shall not 
     apply to children who are younger than 14 years of age.''.
       (b) Special Rule.-- Nothing in this Act, or the amendments 
     made by this Act, may be construed to supersede or modify the 
     Stipulated Settlement Agreement filed in Reno v. Flores in 
     the United States District Court for the Central District of 
     California on January 17, 1997 (CV 85-4544-RJK) (commonly 
     known as the ``Flores Settlement Agreement''), or subsequent 
     court decisions related to such agreement.
                                 ______
                                 
  SA 67. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 3, line 9, strike ``sec. 3'' and insert the 
     following:

     SEC. 3. PROTECTION OF CHILDREN.

       (a) Exemption for Young Children.--Section 236(c) of the 
     Immigration and Nationality Act, as amended by section 2, is 
     further amended by adding at the end the following:
       ``(5) Exemption for young children.--The mandatory 
     detention requirement set forth in paragraph (1)(E) shall not 
     apply to children who are younger than 14 years of age.''.
       (b) Special Rule.-- Nothing in this Act, or the amendments 
     made by this Act, may be construed to supersede or modify the 
     Stipulated Settlement Agreement filed in Reno v. Flores in 
     the United States District Court for the Central District of 
     California on January 17, 1997 (CV 85-4544-RJK) (commonly 
     known as the ``Flores Settlement Agreement''), or subsequent 
     court decisions related to such agreement.

     SEC. 4.

                                 ______
                                 
  SA 68. Mr. MURPHY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, line 5, strike ``Section'' and insert the 
     following:
       (a) In General.--Section

       On page 2, beginning on line 14, strike ``and'' and all 
     that follows through ``(ii)'' on line 15, and insert the 
     following:
       ``(ii) is 14 years of age or older; and

[[Page S194]]

       ``(iii)

       On page 3, between lines 8 and 9, insert the following:
       (b) Special Rule.-- Nothing in this Act, or the amendments 
     made by this Act, may be construed to supersede or modify the 
     Stipulated Settlement Agreement filed in Reno v. Flores in 
     the United States District Court for the Central District of 
     California on January 17, 1997 (CV 85-4544-RJK) (commonly 
     known as the ``Flores Settlement Agreement''), or subsequent 
     court decisions related to such agreement.
                                 ______
                                 
  SA 69. Mr. MARSHALL (for himself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 8 proposed by Mr. 
Thune (for Ms. Ernst (for herself and Mr. Grassley)) to the bill S. 5, 
to require the Secretary of Homeland Security to take into custody 
aliens who have been charged in the United States with theft, and for 
other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(ii) is charged with, is arrested for, is convicted of, 
     admits having committed, or admits committing acts which 
     constitute the essential elements of any burglary, theft, 
     larceny, or shoplifting offense, a crime of domestic 
     violence, or any crime that results in death or serious 
     bodily injury to another person,'';
       (2) by redesignating paragraph (2) as paragraph (4); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Definitions.--For purposes of paragraph (1)(E)--
       ``(A) the terms `burglary', `theft', `larceny', 
     `shoplifting', and `serious bodily injury' have the meanings 
     given such terms in the jurisdiction in which the acts 
     occurred; and
       ``(B) the term `crime of domestic violence' has the meaning 
     given such term in section 237(a)(2)(E)(i).
                                 ______
                                 
  SA 70. Mr. MARSHALL (for himself and Mr. Graham) submitted an 
amendment intended to be proposed to amendment SA 8 proposed by Mr. 
Thune (for Ms. Ernst (for herself and Mr. Grassley)) to the bill S. 5, 
to require the Secretary of Homeland Security to take into custody 
aliens who have been charged in the United States with theft, and for 
other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(ii) is charged with, is arrested for, is convicted of, 
     admits having committed, or admits committing acts which 
     constitute the essential elements of any burglary, theft, 
     larceny, shoplifting, or assault of a law enforcement officer 
     offense, a crime of domestic violence, or any crime that 
     results in death or serious bodily injury to another 
     person,'';
       (2) by redesignating paragraph (2) as paragraph (4); and
       (3) by inserting after paragraph (1) the following:
       ``(2) Definitions.--For purposes of paragraph (1)(E)--
       ``(A) the terms `burglary', `theft', `larceny', 
     `shoplifting', `assault of a law enforcement officer', and 
     `serious bodily injury' have the meanings given such terms in 
     the jurisdiction in which the acts occurred; and
       ``(B) the term `crime of domestic violence' has the meaning 
     given such term in section 237(a)(2)(E)(i).
                                 ______
                                 
  SA 71. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 3, line 8, strike the end quote and final period 
     and insert the following:
       ``(4) Child custody determination hearing.--If any 
     noncitizen who is 18 years of age or older and is the parent 
     or guardian of a child who is younger than 17 years of age 
     remains in custody pursuant to paragraph (1)(E) for 30 
     consecutive days, the Secretary of Homeland Security shall 
     provide a custody determination hearing to determine whether 
     it is in the best interests of such child for such noncitizen 
     to be released in order to care for such child. The Secretary 
     shall determine bond or other conditions for release only 
     after determining that the noncitizen does not pose a flight 
     risk or a danger to the community.''.
                                 ______
                                 
  SA 72. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. BEST INTEREST OF THE CHILD STANDARD.

       Notwithstanding any other provision of the Act, the 
     Secretary of Homeland Security shall detain noncitizen 
     children younger than 18 years of age in a manner that--
       (1) is consistent with the best interest of such noncitizen 
     children; and
       (2) does not abrogate, modify, or replace protections for 
     children in applicable Federal law, Federal regulations, 
     court orders, or consent decrees.
                                 ______
                                 
  SA 73. Mr. MERKLEY submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, beginning on line 14, strike ``and'' and all 
     that follows through ``(ii)'' on line 15, and insert the 
     following:
       ``(ii) is 18 years of age or older; and
       ``(iii)
                                 ______
                                 
  SA 74. Mr. VAN HOLLEN submitted an amendment intended to be proposed 
by him to the bill S. 5, to require the Secretary of Homeland Security 
to take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, line 5, strike ``Section'' and insert the 
     following:
       (a) In General.--Section
       On page 3, between lines 8 and 9, insert the following:
       (b) Waiver.--
       (1) Authorization.--The Secretary of Homeland Security or 
     the Attorney General shall waive the mandatory detention 
     requirement set forth in section 236(c)(1)(E) of the 
     Immigration and Nationality Act, as added by subsection 
     (a)(1), upon determining that the implementation of such 
     requirement would require the diversion of resources away 
     from the apprehension, detention, and removal of aliens 
     convicted of violent crimes.
       (2) Quarterly assessments.--Not less frequently than 
     quarterly, the Secretary of Homeland Security or the Attorney 
     General shall conduct an assessment to determine whether 
     resources are being diverted from the apprehension, 
     detention, and removal of violent criminals due to the 
     implementation of the mandatory detention requirement under 
     such section 236(c)(1)(E).
       (3) Report requirement.--Not later than 90 days after the 
     first date on which resources are diverted from the 
     deportation of violent criminals due to the implementation of 
     the mandatory detention requirement under such section 
     236(c)(1)(E), the Secretary of Homeland Security, in 
     consultation with the Attorney General, shall submit a report 
     to Congress that identifies which resources were so diverted.
                                 ______
                                 
  SA 75. Mr. SCHMITT submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. SEVERABILITY.

       If any provision of this Act, or the application of such 
     provision to any person or circumstance, is held by a Federal 
     court to be unconstitutional, the remainder of this Act, and 
     the application of such provisions to any other person or 
     circumstance shall not be affected.
                                 ______
                                 
  SA 76. Mr. SCHMITT submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. JUDICIAL AUTHORIZATION.

       Any Federal district court or immigration court is 
     authorized to enter appropriate orders related to this Act, 
     or the amendments made by this Act, requiring Federal law 
     enforcement authorities to arrest and prosecute aliens 
     violating Federal law.
                                 ______
                                 
  SA 77. Mr. SCHMITT submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 3, strike line 9 and all that follows 
     through page 8, line 10, and insert the following:

     SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.

       (a) Inspection of Applicants for Admission.--Section 235(b) 
     of the Immigration and

[[Page S195]]

     Nationality Act (8 U.S.C. 1225(b)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Enforcement by attorney general of a state.--The 
     attorney general of a State, or other authorized State 
     officer, alleging a violation of the detention and removal 
     requirements under paragraph (1) or (2) that will harm such 
     State or its residents shall have standing to bring an action 
     against the Secretary of Homeland Security on behalf of such 
     State or the residents of such State in an appropriate 
     district court of the United States to obtain appropriate 
     injunctive relief. The court shall advance on the docket and 
     expedite the disposition of a civil action filed under this 
     paragraph to the greatest extent practicable. For purposes of 
     this paragraph, the attorney general of a State, or other 
     authorized State officer, shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to a violation of any such detention 
     or removal requirement or an intent to commit such violation, 
     including--
       ``(A) financial harm in excess of $1; or
       ``(B) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (b) Apprehension and Detention of Aliens.--Section 236 of 
     the Immigration and Nationality Act (8 U.S.C. 1226), as 
     amended by this Act, is further amended--
       (1) in subsection (e)--
       (A) by striking ``or release''; and
       (B) by striking ``grant, revocation, or denial'' and insert 
     ``revocation or denial''; and
       (2) by adding at the end the following:
       ``(f) Enforcement by Attorney General of a State.--The 
     attorney general of a State, or other authorized State 
     officer, alleging an action or decision by the Attorney 
     General or Secretary of Homeland Security under this section 
     to release any alien or grant bond or parole to any alien 
     that will harm such State or its residents shall have 
     standing to bring an action against the Attorney General or 
     Secretary of Homeland Security on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States to obtain appropriate injunctive relief. 
     The court shall advance on the docket and expedite the 
     disposition of a civil action filed under this subsection to 
     the greatest extent practicable. For purposes of this 
     subsection, the attorney general of a State, or other 
     authorized State officer, shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to such action or decision to 
     release or grant bond or parole to an alien or an intent to 
     take such action or make such decision, including--
       ``(1) financial harm in excess of $1; or
       ``(2) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (c) Penalties.--Section 243 of the Immigration and 
     Nationality Act (8 U.S.C. 1253) is amended by adding at the 
     end the following:
       ``(e) Enforcement by Attorney General of a State.--The 
     attorney general of a State, or other authorized State 
     officer, alleging a violation of the requirement to 
     discontinue granting visas to citizens, subjects, nationals, 
     and residents as described in subsection (d) that will harm 
     such State or its residents shall have standing to bring an 
     action against the Secretary of State on behalf of such State 
     or the residents of such State in an appropriate district 
     court of the United States to obtain appropriate injunctive 
     relief. The court shall advance on the docket and expedite 
     the disposition of a civil action filed under this subsection 
     to the greatest extent practicable. For purposes of this 
     subsection, the attorney general of a State or other 
     authorized State officer shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to a violation of the requirement to 
     discontinue granting visas to aliens described in subsection 
     (d) or an intent to commit such violation, including--
       ``(1) financial harm in excess of $1; or
       ``(2) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (d) Certain Classes of Aliens.--Section 212(d)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is 
     amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(C) The attorney general of a State, or other authorized 
     State officer, alleging a violation of the limitation under 
     subparagraph (A) that parole solely be granted on a case-by-
     case basis and solely for urgent humanitarian reasons or a 
     significant public benefit, that will harm such State or its 
     residents shall have standing to bring an action against the 
     Secretary of Homeland Security on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States to obtain appropriate injunctive relief. 
     The court shall advance on the docket and expedite the 
     disposition of a civil action filed under this subparagraph 
     to the greatest extent practicable. For purposes of this 
     subparagraph, the attorney general of a State, or other 
     authorized State officer, shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to a violation of the limitation 
     under subparagraph (A) or an intent to commit such violation, 
     including--
       ``(i) financial harm in excess of $1; or
       ``(ii) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (e) Detention.--Section 241(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)(2)) is amended--
       (1) by striking ``During the removal period,'' and 
     inserting the following:
       ``(A) In general.--During the removal period,''; and
       (2) by adding at the end the following:
       ``(B) Enforcement by attorney general of a state.--The 
     attorney general of a State, or other authorized State 
     officer, alleging a violation of the detention requirement 
     under subparagraph (A) that will harm such State or its 
     residents shall have standing to bring an action against the 
     Secretary of Homeland Security on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States to obtain appropriate injunctive relief. 
     The court shall advance on the docket and expedite the 
     disposition of a civil action filed under this subparagraph 
     to the greatest extent practicable. For purposes of this 
     subparagraph, the attorney general of a State, or other 
     authorized State officer, shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to a violation of the detention 
     requirement under subparagraph (A) or an intent to commit 
     such violation, including--
       ``(i) financial harm in excess of $1; or
       ``(ii) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (f) Limit on Injunctive Relief.--Section 242(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended 
     by adding at the end following:
       ``(3) Certain actions.--Paragraph (1) shall not apply to an 
     action brought pursuant to section 235(b)(3), subsections (e) 
     or (f) of section 236, or section 241(a)(2)(B).''.
                                 ______
                                 
  SA 78. Mr. BLUMENTHAL submitted an amendment intended to be proposed 
by him to the bill S. 5, to require the Secretary of Homeland Security 
to take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. DETENTION PRIORITIES.

       (a) In General.--If available Federal detention facilities 
     or Federal detention resources are insufficient to house all 
     of the aliens required to be detained under sections 
     236(c)(1) and 236A of the Immigration and Naturalization Act 
     (8 U.S.C. 1226(c)(1) and 1226a), U.S. Immigration and Customs 
     Enforcement shall place a higher priority on the detention of 
     aliens described in subparagraphs (A) through (D) of section 
     236(c)(1) and section 236A of such Act.
       (b) Permissive Detentions.--U.S. Immigration and Customs 
     Enforcement may detain aliens described in section 
     236(c)(1)(E) of the Immigration and Nationality Act, as added 
     by section 2, if sufficient detention space and personnel 
     resources are available for such detentions.

                          ____________________