[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7343 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 7343

    To amend the Immigration and Nationality Act to provide for the 
detention of certain aliens who commit assault against law enforcement 
                               officers.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2024

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

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to provide for the 
detention of certain aliens who commit assault against law enforcement 
                               officers.

    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 ``Detain and Deport Illegal Aliens Who 
Assault Cops Act''.

SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT ASSAULT AGAINST LAW 
              ENFORCEMENT OFFICERS.

    Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 
1226(c)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``Attorney General'' and inserting ``Secretary 
                of Homeland Security'';
                    (B) in subparagraph (C), by striking ``, or'' and 
                inserting a comma;
                    (C) in subparagraph (D), by adding ``or'' at the 
                end; and
                    (D) by inserting after subparagraph (D) the 
                following:
                    ``(E)(i) is inadmissible under section 212(a)(6)(A) 
                or (C) or under section 212(a)(7); and
                    ``(ii) is charged with, arrested for, convicted of, 
                admits having committed, or admits committing acts 
                which constitute the essential elements of any offense 
                involving assault of a law enforcement officer,'';
            (2) by redesignating paragraph (2) as paragraph (4); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Circumstances.--
                    ``(A) In general.--The circumstances referred to in 
                paragraph (1)(E) are that the law enforcement officer 
                was assaulted--
                            ``(i) while he or she was engaged in the 
                        performance of his or her official duties;
                            ``(ii) because of the performance of his or 
                        her official duties; or
                            ``(iii) because of his or her status as a 
                        law enforcement officer.
                    ``(B) Definitions.--For purposes of paragraph 
                (1)(E)--
                            ``(i) the term `assault' has the meaning 
                        given that term in the jurisdiction where the 
                        acts occurred; and
                            ``(ii) the term `law enforcement officer' 
                        is a person authorized by law--
                                    ``(I) to engage in or supervise the 
                                prevention, detention, investigation, 
                                or prosecution, or the incarceration of 
                                any person for any criminal violation 
                                of law;
                                    ``(II) to apprehend, arrest, or 
                                prosecute an individual for any 
                                criminal violation of law; or
                                    ``(III) to be a firefighter or 
                                other first responder.
            ``(3) Detainer.--The Secretary of Homeland Security shall 
        issue a detainer for an alien described in paragraph (1)(E) 
        and, if the alien is not otherwise detained by Federal, State, 
        or local officials, shall effectively and expeditiously take 
        custody of the alien.''.
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