117 HR 9003 IH: Empowering States to Deport Illegal Immigrants Act U.S. House of Representatives 2022-09-28 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 9003IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2022Mr. Gosar introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo allow States to authorize State and local law enforcement officers to enforce the provisions of Federal immigration law relating to unlawful entry into the United States.

1.

Short title

This Act may be cited as the Empowering States to Deport Illegal Immigrants Act.

2.

Authorization of State and local law enforcement officers to enforce certain Federal immigration laws

(a)

In general

States may authorize State and local law enforcement officers to enforce provisions of Federal immigration law that prohibit the unlawful entry into the United States, including sections 271 through 280 of the Immigration and Nationality Act (8 U.S.C. 1321 through 1330).(b)

Effect of authorization on Supreme Court ruling

Subsection (a) effectively abrogates the 2012 decision of the Supreme Court in Arizona v. United States (567 U.S. 387).(c)

Prosecution authority

Notwithstanding any other provision of law, State prosecutors are authorized to initiate prosecutions for violations of Federal immigration law referred to in subsection (a) in a United States District Court that has jurisdiction over—(1)the place at which any such violation occurred; or(2)the place at which the person charged for any such violation is apprehended.(d)

Conforming amendment

Section 279 of the Immigration and Nationality Act (8 U.S.C. 1329) is amended—(1)by inserting , or by a State prosecutor pursuant to section 2(c) of the Empowering States to Deport Illegal Immigrants Act, before that arise; and(2)by inserting It shall be the duty of the State prosecutor of the appropriate State to prosecute every such suit when brought by a State. after United States.