[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7343 Referred in Senate (RFS)]

<DOC>
118th CONGRESS
  2d Session
                                H. R. 7343


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2024

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
    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, is arrested for, is 
                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;
                                    ``(III) to be a firefighter or 
                                other first responder; or
                                    ``(IV) to be a campus police 
                                officer or a school resource officer.
            ``(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.
            ``(4) Annual report of the secretary of homeland 
        security.--The Secretary of Homeland Security shall on an 
        annual basis report to the Committee on the Judiciary of the 
        Senate and the Committee on the Judiciary of the House of 
        Representatives the number of aliens described in paragraph 
        (1)(E) who were detained in the custody of the Department of 
        Homeland Security in the preceding year pursuant to such 
        section.''.

SEC. 3. GAO STUDY.

    Not later than 180 days after the date of enactment of this Act, 
the Comptroller General of the United States shall complete a study and 
submit a report to Congress on the number of aliens present in the 
United States who are inadmissible under section 212(a)(6)(A) or (C) or 
under section 212(a)(7) of the Immigration and Nationality Act who were 
detained, during the 5 year period preceding the date of the report, 
for committing an assault against a law enforcement officer.

            Passed the House of Representatives May 15, 2024.

            Attest:

                                             KEVIN F. MCCUMBER,

                                                                 Clerk.