[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 260 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 260

To require the collection of data by officers enforcing immigration law 
                        and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2013

Mrs. Gillibrand introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To require the collection of data by officers enforcing immigration law 
                        and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Enforcement Transparency 
Act''.

SEC. 2. DEFINITIONS.

    In this section:
            (1) Immigration laws.--The term ``immigration laws'' has 
        the meaning given that term in section 101(a)(17) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(17)).
            (2) Law enforcement official.--The term ``law enforcement 
        official'' means--
                    (A) an officer of U.S. Customs and Border 
                Protection;
                    (B) an officer of U.S. Immigration and Customs 
                Enforcement; or
                    (C) an officer or employee of a State or a 
                political subdivision of a State who is carrying out 
                the functions of an immigration officer pursuant to an 
                agreement entered into under section 287(g) of the 
                Immigration and Nationality Act (8 U.S.C. 1357(g)) or 
                pursuant to any other agreement with the Department of 
                Homeland Security.

SEC. 3. DATA COLLECTION BY LAW ENFORCEMENT OFFICIALS ENFORCING 
              IMMIGRATION LAWS.

    (a) Requirement for Data Collection.--A law enforcement official 
who makes contact with an individual with the purpose or effect of 
enforcing an immigration law shall collect the following data:
            (1) The law enforcement official's basis for, or 
        circumstances surrounding, such contact, including if such 
        individual's perceived race or ethnicity contributed to such 
        basis.
            (2) The identifying characteristics of such individual, 
        including the individual's race, gender, ethnicity, and 
        approximate age.
            (3) If such contact resulted in a stop or search, how long 
        such a stop or search lasted, whether consent was requested and 
        obtained for such stop or search, and the name of the person 
        who provided such consent.
            (4) A description of any articulable facts and behavior by 
        the individual that demonstrate reasonable suspicion to justify 
        such stop or probable cause to justify such search or attempt 
        to enforce the immigration laws.
            (5) A description of any items seized during such search, 
        including contraband or money, and a specification of the type 
        of search conducted.
            (6) Whether any warning or citation was issued as a result 
        of such contact and the basis for such warning or citation.
            (7) Whether an arrest or detention was made as a result of 
        such contact, the justification for such arrest or detention, 
        and the ultimate disposition of such arrest or detention.
            (8) Whether the affected individual is undergoing 
        immigration proceedings as of the date of the annual report.
            (9) If a warning, citation, arrest, or detention is 
        involved, the surname of the affected individual.
            (10) The immigration status of the individual involved and 
        whether removal proceedings were subsequently initiated against 
        that individual.
            (11) Whether any complaint was made by the individual 
        stopped or searched.
    (b) Compilation of Data.--
            (1) Department of homeland security law enforcement 
        officials.--The Secretary of Homeland Security shall compile 
        the data collected under subsection (a) by officers of U.S. 
        Customs and Border Protection and officers of U.S. Immigration 
        and Customs Enforcement.
            (2) Other law enforcement officials.--The head of each 
        agency, department, or other entity that employs law 
        enforcement officials other than officers referred to in 
        paragraph (1) shall--
                    (A) compile the data collected by such law 
                enforcement officials pursuant to subsection (a); and
                    (B) submit the compiled data to the Secretary of 
                Homeland Security.
    (c) Use of Data.--The Secretary of Homeland Security shall consider 
the data compiled under subsection (b) in making policy and program 
decisions related to enforcement of the immigration laws.

SEC. 4. ANNUAL REPORT.

    (a) Requirement.--Not later than one year after the effective date 
of this Act, and annually thereafter, the Secretary of Homeland 
Security shall submit to Congress a report on the data compiled under 
section 3(b).
    (b) Availability.--Each report submitted under subsection (a) shall 
be made available to the public.

SEC. 5. EFFECTIVE DATE.

    This Act shall take effect 60 days after the date of the enactment 
of this Act.
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