Detention of certain aliens who commit assault against law enforcement officers

Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended—(1)in paragraph (1)—(A)in the matter preceding subparagraph (A), by striking Attorney General and inserting Secretary of Homeland Security; (B)in subparagraph (C), by striking , or and inserting a comma;(C)in subparagraph (D), by adding or at the end; and(D)by inserting after subparagraph (D) the following:

(E)(i)is inadmissible under section 212(a)(6)(A) or (C) or under section 212(a)(7); and(ii)is charged with, arrested for, convicted of, admits having committed, or admits committing acts which constitute the essential elements of any offense involving assault of a law enforcement officer,

;

(2)by redesignating paragraph (2) as paragraph (4); and(3)by inserting after paragraph (1) the following:

(2)

Circumstances

(A)

In general

The circumstances referred to in paragraph (1)(E) are that the law enforcement officer was assaulted—(i)while he or she was engaged in the performance of his or her official duties;(ii)because of the performance of his or her official duties; or(iii)because of his or her status as a law enforcement officer.(B)

Definitions

For purposes of paragraph (1)(E)—(i)the term assault has the meaning given that term in the jurisdiction where the acts occurred; and(ii)the term law enforcement officer is a person authorized by law—(I)to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law; (II)to apprehend, arrest, or prosecute an individual for any criminal violation of law; or(III)to be a firefighter or other first responder.(3)

Detainer

The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.