[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5853 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 5853

To amend section 287(g) of the Immigration and Nationality Act to make 
 mandatory agreements under such section, to require the Secretary of 
   Homeland Security to provide certain identity information to the 
 National Criminal Information Center and the Law Enforcement Support 
                    Center, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 14, 2016

 Mr. Luetkemeyer (for himself and Mr. Yoder) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend section 287(g) of the Immigration and Nationality Act to make 
 mandatory agreements under such section, to require the Secretary of 
   Homeland Security to provide certain identity information to the 
 National Criminal Information Center and the Law Enforcement Support 
                    Center, 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 ``Empowering Local Law Enforcement 
Act''.

SEC. 2. MAKING AGREEMENTS MANDATORY.

    Section 287(g) of the Immigration and Nationality (8 U.S.C. 
1357(g)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1), by striking ``may enter'' and 
        inserting ``, subject to paragraph (11), shall enter''; and
            (3) by adding at the end the following:
    ``(11) No request from a State, or a political subdivision of a 
State, to enter into an agreement under this subsection shall be 
denied, and no such agreement shall be terminated, without a compelling 
reason, and the Secretary of Homeland Security shall notify the 
Committee on the Judiciary of the House of Representatives and of the 
Senate in the case of such a denial or termination, and explain the 
reasons for the denial or termination.
    ``(12) An agreement under this subsection shall accommodate any 
enforcement model that a State, or a political subdivision of a State, 
believes fits the needs of its jurisdiction.''.

SEC. 3. TRANSFER OF INFORMATION TO THE NATIONAL CRIMINAL INFORMATION 
              CENTER AND THE LAW ENFORCEMENT SUPPORT CENTER.

    The Secretary of Homeland Security shall ensure that the following 
information is provided to the National Criminal Information Center and 
the Law Enforcement Support Center:
            (1) The identity of any individual with an active order of 
        removal.
            (2) The identity of any individual who has been removed 
        from the United States based on any of the following:
                    (A) Engaging in, or being suspected of engaging in, 
                terrorism or espionage, or otherwise posing a danger to 
                the national security of the United States.
                    (B) Being apprehended at the border or ports of 
                entry while attempting unlawfully to enter the United 
                States.
                    (C) Being convicted of an offense for which an 
                element was active participation in a criminal street 
                gang, as defined in section 521(a) of title 18, United 
                States Code, or in the case of an individual not 
                younger than 16 years of age, intentional participation 
                in an organized criminal gang to further the illegal 
                activity of the gang.
                    (D) Being convicted of an offense classified as a 
                felony in the convicting jurisdiction, other than a 
                State or local offense for which an essential element 
                was the alien's immigration status.
                    (E) Being convicted of an aggravated felony, as 
                that term is defined in section 101(a)(43) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) 
                at the time of the conviction.
            (3) The identity of any individual for whom a detainer was 
        issued within the previous year, but who was not taken into 
        custody by Federal law enforcement.

SEC. 4. ISSUANCE OF DETAINERS BY LOCAL LAW ENFORCEMENT.

    If a State of local law enforcement official apprehends an 
individual for a crime, and the officer has a reason to believe the 
individual is an alien--
            (1) the officer is authorized to verify, using the 
        information provided to the National Criminal Information 
        Center and the Law Enforcement Support Center under section 3, 
        if the individual is described in paragraph (1), (2), or (3) of 
        such section;
            (2) if the individual is verified under paragraph (1) as 
        being described in paragraph (1), (2), or (3) of section 3, the 
        officer may issue a Federal detainer for the individual valid 
        until the individual--
                    (A) is convicted for the crime for which the alien 
                is apprehended; or
                    (B) is transferred into Federal custody;
            (3) the officer is authorized to transport the individual 
        in order to be transferred into Federal custody; and
            (4) the Secretary of Homeland Security shall prioritize the 
        individual for removal.
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