118 HR 7322 IH: Standing Up to the Executive branch for Immigration Enforcement Act
U.S. House of Representatives
2024-02-13
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I
118th CONGRESS
2d Session
H. R. 7322
IN THE HOUSE OF REPRESENTATIVES
February 13, 2024
Mr. Bishop of North Carolina (for himself, Mr. Roy, Mr. Ogles, and Mr. Tiffany) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act with respect to enforcement by an attorney general of a State.
1.

Short title
This Act may be cited as the “Standing Up to the Executive branch for Immigration Enforcement Act” or the “SUE for Immigration Enforcement Act”.
2.

Enforcement by attorney general of a State
(a)

Inspection of applicants for admission
Section 235(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended—
(1)
by redesignating paragraph (3) as paragraph (4); and
(2)
by inserting after paragraph (2) the following:
“(3)

Enforcement by attorney general of a State
The attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraph (1) or (2) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.”.
(b)

Apprehension and detention of aliens
Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended—
(1)
in subsection (e)—
(A)
by striking “or release”; and
(B)
by striking “grant, revocation, or denial” and insert “revocation or denial”; and
(2)
by adding at the end the following:
“(f)

Enforcement by attorney general of a State
The attorney general of a State, or other authorized State officer, alleging that an action or decision by the Attorney General or Secretary of Homeland Security under this section to release any alien or grant bond or parole to any alien that harms such State or its residents shall have standing to bring an action against the Attorney General or Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.”.
(c)

Penalties
Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by adding at the end the following:
“(e)

Enforcement by attorney general of a State
The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that harms such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.”.
(d)

Certain classes of aliens
Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended—
(1)
by striking “Attorney General” each place it appears and inserting “Secretary of Homeland Security”; and
(2)
by adding at the end the following:
“(C)
The attorney general of a State, or other authorized State officer, alleging a violation of the limitation under subparagraph (A) that parole solely be granted on a case-by-case basis and solely for urgent humanitarian reasons or a significant public benefit, that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.”.
(e)

Detention
Section 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(2)) is amended—
(1)
by striking “During the removal period,” and inserting the following:
“(A)

In general
During the removal period,”; and
(2)
by adding at the end the following:
“(B)

Enforcement by attorney general of a State
The attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph (A) that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100.”.
(f)

Limit on injunctive relief
Section 242(f) of the Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end following:
“(3)

Certain actions
Paragraph (1) shall not apply to an action brought pursuant to section 235(b)(3), subsection (e) or (f) of section 236, or section 241(a)(2)(B).”.