[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1843 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1843

  To enhance communication between Federal, State, tribal, and local 
  jurisdictions and to ensure the rapid and effective deportation of 
                        certain criminal aliens.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2015

 Mr. Flake (for himself and Mr. McCain) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To enhance communication between Federal, State, tribal, and local 
  jurisdictions and to ensure the rapid and effective deportation of 
                        certain criminal aliens.

    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 ``Criminal Alien Notification Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (2) Law enforcement notification system.--The term ``law 
        enforcement notification system'' means a secure information 
        sharing system utilized by Federal, State, tribal, and local 
        law enforcement agencies--
                    (A) to notify the identification bureaus, of the 
                State from which an alien is being released and of the 
                State in which the alien is intending to reside (if 
                different), of the anticipated release of an 
                inadmissible or deportable alien described in 
                subparagraph (A), (B), (C), or (D) of section 236(c)(1) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1226(c)(1)) from the custody of U.S. Immigration and 
                Customs Enforcement; and
                    (B) to notify the Secretary of the release from 
                custody of an alien who has been arrested for any 
                offense described in subparagraphs (A) through (D) of 
                section 236(c)(1) of the Immigration and Nationality 
                Act (8 U.S.C. 1226(c)(1)), the conviction of which 
                would render the alien inadmissible under sections 
                212(a) and 237(a) of such Act (8 U.S.C. 1182(a) and 
                1227(a)).
            (3) Protection order.--The term ``protection order'' 
        includes any injunction, restraining order, or any other order 
        issued by a civil or criminal court to prevent violent or 
        threatening acts or harassment against, sexual violence, or 
        contact or communication with, or physical proximity to, 
        another person, including any temporary or final order issued 
        by a civil or criminal court (whether obtained by filing an 
        independent action or as a pendente lite order in another 
        proceeding) if--
                    (A) a civil or criminal order was issued by a 
                State, tribal, or territorial court in response to a 
                complaint, petition, or motion filed by, or on behalf 
                of, a person seeking protection;
                    (B) such court has jurisdiction over the parties 
                and matter under the law of such State, Indian tribe, 
                or territory;
                    (C) reasonable notice and opportunity to be heard 
                is given to the person against whom the order is sought 
                that is sufficient to protect that person's right to 
                due process; and
                    (D) in the case of ex parte orders, notice and 
                opportunity to be heard is provided within the time 
                required under the law of such State, Indian tribe, or 
                territory and within a reasonable time after the order 
                is issued to sufficiently protect the respondent's due 
                process rights.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) State.--The term ``State'' has the meaning given the 
        term in section 101(a)(36) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(36)).

SEC. 3. LAW ENFORCEMENT NOTIFICATION SYSTEM.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall establish a law enforcement notification 
system for every State.

SEC. 4. PROTECTIVE ORDER NOTIFICATION SYSTEM.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish a secure 
information sharing system that enables State, tribal, and local courts 
to notify the Secretary of a protective order issued against an 
inadmissible or deportable alien described in section 212(a) or 237(a) 
of the Immigration and Nationality Act (8 U.S.C. 1182(a) and 1227(a)) 
who is under the supervision of the Secretary.
    (b) Construction.--Nothing in this section may be construed to 
authorize the Secretary to establish a system that allows for the 
inclusion of protection orders for anyone other than an inadmissible 
alien described in section 212(a) or 237(a) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a) and 1227(a)).

SEC. 5. REPORTING REQUIREMENTS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, and annually thereafter, the Secretary shall 
submit a report to the Committee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Representatives that 
includes the information specified in subsection (b).
    (b) Contents.--The report required under subsection (a) shall 
describe--
            (1) the number of aliens currently present in the United 
        States who have ever been arrested for a criminal offense;
            (2) the number of aliens currently present in the United 
        States who have ever been convicted of a criminal offense;
            (3) the number of aliens with final orders of removal who 
        are currently present in the United States and of such aliens--
                    (A) how many have ever been arrested for any 
                criminal offense; and
                    (B) how many have ever been convicted for any 
                criminal offense;
            (4) the number of detainers that were issued by the 
        Department during the previous fiscal year and the number of 
        such detainers that were honored;
            (5) the number of times the Department was notified during 
        the previous fiscal year of a protective order issued pursuant 
        to this Act and, for each such notification--
                    (A) the actions taken by the Department; or
                    (B) if no action was taken, the reasons for not 
                taking action;
            (6) the number of times during the previous fiscal year 
        that the Department was notified through the law enforcement 
        notification system established under section 3 and, for each 
        such notification--
                    (A) a list of offenses for which notification was 
                provided; and
                    (B)(i) the actions taken by the Department; or
                    (ii) if no action was taken, the reasons for not 
                taking action; and
            (7) the number of times during the previous fiscal year 
        that the Department was notified by a State, tribal, or local 
        law court through the system established under section 4 and, 
        for each notification--
                    (A) the actions taken by the Department; or
                    (B) if no action was taken, the reasons for not 
                taking action.
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