[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1337 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 1337

To authorize States to request that the Secretary of Homeland Security 
  enforce the Immigration and Nationality Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2023

  Mr. Posey introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To authorize States to request that the Secretary of Homeland Security 
  enforce the Immigration and Nationality Act, 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 Partnership 
Act of 2023''.

SEC. 2. AUTHORIZING STATES TO REQUEST THE ENFORCEMENT OF THE 
              IMMIGRATION LAWS.

    (a) Request To Fulfill Duties.--If a State attorney general finds 
that the Secretary of Homeland Security is not adequately fulfilling 
his non-discretionary duties under title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.), such as the arrest, detention, 
and removal of criminal aliens and arriving aliens, such officer may 
request in writing that the Secretary do so.
    (b) Requirement To Fulfill Duties.--Not later than 30 days after 
receiving a request under subsection (a), the Secretary shall either--
            (1) ensure that any such duties are adequately fulfilled by 
        officers and employees of the Department of Homeland Security; 
        or
            (2) exercise his authority under section 287(g) of the 
        Immigration and Nationality Act (8 U.S.C. 1357) to authorize 
        officials in the State to perform functions of an immigration 
        officer related to the investigation, apprehension, or 
        detention of aliens in that State, and fulfill such duties on 
        behalf of the Secretary.
    (c) Civil Action.--If the Secretary does not comply with subsection 
(b), the State attorney general may file a civil action in an 
appropriate district court of the United States to enforce the 
requirements under such subsection. The court shall advance on the 
docket and expedite the disposition of a civil action filed under this 
subsection to the greatest extent practicable.
                                 <all>