[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3062 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 3062

 To authorize the States to assist the Attorney General in performing 
    functions under the Immigration and Nationality Act relating to 
                         deportation of aliens.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 12, 1996

   Mr. Cox of California (for himself and Mr. Duncan) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To authorize the States to assist the Attorney General in performing 
    functions under the Immigration and Nationality Act relating to 
                         deportation of aliens.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ACCEPTANCE OF STATE SERVICES TO CARRY OUT DEPORTATION 
              FUNCTIONS.

    Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) 
is amended by adding at the end the following:
    ``(g)(1) Notwithstanding section 1342 of title 31, United States, 
Code, the Attorney General may enter into a written agreement with a 
State, or any political subdivision of a State, pursuant to which an 
officer or employee of the State or subdivision, who is determined by 
the Attorney General to be qualified to perform a function of an 
immigration officer, or any other officer of the Department of Justice, 
under this Act in relation to deportation of aliens in the United 
States (including investigation, apprehension, detention, presentation 
of evidence on behalf of the United States in administrative 
proceedings to determine the deportability of any alien, conduct of 
such proceedings, or removal of aliens with respect to whom a final 
order of deportation has been rendered) may carry out such function at 
the expense of the State or political subdivision and to the extent 
consistent with State and local law.
    ``(2) An agreement under this subsection shall require that an 
officer or employee of a State or political subdivision of a State 
performing a function under the agreement shall have knowledge of, and 
adhere to, Federal law relating to the function.
    ``(3) In performing a function under this subsection, an officer or 
employee of a State or political subdivision of a State shall be 
subject to the direction and supervision of the Attorney General.
    ``(4) In performing a function under this subsection, an officer or 
employee of a State or political subdivision of a State may use Federal 
property or facilities, as provided in a written agreement between the 
Attorney General and the State or subdivision.
    ``(5) With respect to each officer or employee of a State or 
political subdivision who is authorized to perform a function under 
this subsection, the specific powers and duties that may be, or are 
required to be, exercised or performed by the individual, the duration 
of the authority of the individual, and the position of the agent of 
the Attorney General who is required to supervise and direct the 
individual, shall be set forth in a written agreement between the 
Attorney General and the State or political subdivision.
    ``(6) The Attorney General may not accept a service under this 
subsection if the service will be used to displace any Federal 
employee.
    ``(7) Except as provided in paragraph (8), an officer or employee 
of a State or political subdivision of a State performing functions 
under this subsection shall not be treated as a Federal employee for 
any purpose other than for purposes of chapter 81 of title 5, United 
States Code, (relating to compensation for injury) and sections 2671 
through 2680 of title 28, United States Code, (relating to tort 
claims).
    ``(8) An officer or employee of a State or political subdivision of 
a State acting under color of authority under this subsection, or any 
agreement entered into under this subsection, shall be considered to be 
acting under color of Federal authority for purposes of determining the 
liability, and immunity from suit, of the officer or employee in a 
civil action brought under Federal or State law.
    ``(9) Nothing in this subsection shall be construed to require any 
State or political subdivision of a State to enter into an agreement 
with the Attorney General under this subsection.
    ``(10) Nothing in this subsection shall be construed to require an 
agreement under this subsection in order for any officer or employee of 
a State or political subdivision of a State--
            ``(A) to communicate with the Attorney General regarding 
        the immigration status of any individual, including reporting a 
        suspicion that a particular alien is not lawfully present in 
        the United States; or
            ``(B) otherwise to cooperate with the Attorney General in 
        the identification, apprehension, detention, or removal of 
        aliens not lawfully present in the United States.''.
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