[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8430 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8430

To make certain adjustments pertaining to the Alternatives to Detention 
                    program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2024

   Mr. Donalds (for himself, Mr. Biggs, Mr. Pfluger, Mr. Clyde, Mr. 
 Obernolte, Mr. Hunt, Mr. Higgins of Louisiana, Mr. Moore of Alabama, 
    Mr. Nehls, Mr. Gosar, Mr. Timmons, Mrs. Miller of Illinois, Ms. 
    Boebert, and Ms. Mace) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To make certain adjustments pertaining to the Alternatives to Detention 
                    program, 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 ``Reshape Alternatives to Detention 
Act of 2024''.

SEC. 2. TERMINATION OF CERTAIN ALTERNATIVES TO DETENTION.

    (a) In General.--Beginning on the date of enactment of this Act, 
the Secretary of Homeland Security shall terminate each of the 
following programs carried out as part of the Alternatives to Detention 
program of the Secretary:
            (1) The Case Management Pilot program.
            (2) The Young Adult Case Management program.
    (b) No Similar Programs.--In the case of any program referred to in 
subsection (a), no substantially similar program may be established or 
carried out, and no funds may be made available for such a program.

SEC. 3. REPROGRAMMING OF FUNDS.

    Any amounts made available in advance in appropriations Acts for 
either program referred to in section 2 shall be made available to the 
Secretary of Homeland Security to increase the amount of detention beds 
at immigration detention facilities.

SEC. 4. PLACEMENT IN DETENTION.

    The Secretary of Homeland Security shall take such steps as may be 
necessary to promptly detain each individual who has been released into 
the United States as part of a program referred to in section 2(a).

SEC. 5. LIMITATION ON PARTICIPATION IN ALTERNATIVES TO DETENTION.

    No alien may be released as part of any Alternatives to Detention 
program unless all detention beds available to the Secretary have been 
filled.

SEC. 6. CLARIFICATION OF IMMIGRATION AND CUSTOMS ENFORCEMENT AUTHORITY 
              OVER CERTAIN ALIENS.

    Nothing in this or any other Act may be construed to impose any 
limitation on the authority of U.S. Immigration and Customs Enforcement 
over any alien who is a participant in any program under the 
Alternatives to Detention program, including with regard to any action 
of the Office for Civil Rights and Civil Liberties of the Department of 
Homeland Security.

SEC. 7. GPS TRACKING OF CERTAIN ALIENS.

    Every alien on the non-detained docket shall be enrolled into the 
Alternatives to Detention program with mandatory GPS monitoring 
throughout the duration of all applicable immigration proceedings 
(including any appeals) and until removal, if order removed.

SEC. 8. MANDATORY INCLUSION IN THE FAMILY EXPEDITED REMOVAL MANAGEMENT 
              PROGRAM OF CERTAIN ALIENS.

    In the case of any alien who, as part of a family unit, entered or 
attempted to enter the United States at any time or place other than as 
designated by immigration officers, eluded examination or inspection by 
immigration officers, or attempted to enter or obtained entry to the 
United States by a false or misleading representation or the 
concealment of a material fact, that alien and each other alien who is 
part of that family unit shall participate in the Family Expedited 
Removal Management program.

SEC. 9. NOTICE OF VIOLATION.

    On each occasion that an alien participating in the Alternatives to 
Detention program violates a condition of such participation and 
thereby becomes eligible for detention, the Secretary of Homeland 
Security shall immediately publish notice thereof, and shall 
immediately transmit such notice to all relevant law enforcement 
agencies in the vicinity of the alien's last known whereabouts.

SEC. 10. MOVEMENT TO SANCTUARY JURISDICTION.

    In the case of any alien who participates in or is eligible to 
participate in the Alternatives to Detention program, if that alien 
resides or seeks to reside in any State or political subdivision of a 
State that has in effect a statute, ordinance, policy, or practice that 
prohibits or restricts any government entity or official from--
            (1) sending, receiving, maintaining, or exchanging with any 
        Federal, State, or local government entity information 
        regarding the citizenship or immigration status (lawful or 
        unlawful) of any individual, or
            (2) complying with a request lawfully made by the 
        Department of Homeland Security under section 236 or 287 of the 
        Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to 
        comply with a detainer for, or notify about the release of, an 
        individual,
that alien shall be ineligible to participate in the Alternatives to 
Detention program. If any alien participating in the Alternatives to 
Detention program changes residence to such a State or political 
subdivision without prior notification to the Secretary of Homeland 
Security, the Secretary shall immediately detain the alien.

SEC. 11. CHECK-IN REQUIRED FOR PARTICIPANTS IN THE ISAP.

    (a) In General.--Not later than 45 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall issue a notice in 
a manner determined appropriate by the Secretary to each covered alien 
to require that each such alien check in with the Secretary not later 
than 14 days after the issuance of such notice.
    (b) Penalty.--
            (1) In general.--Notwithstanding any other provision of 
        law, if a covered alien fails to check in with the Secretary of 
        Homeland Security as required under subsection (a), the 
        Secretary shall revoke the bond or parole under section 236(a) 
        of the Immigration and Nationality Act (8 U.S.C. 1226(a)), 
        pursuant to which the alien was participating in the Intensive 
        Supervision Appearance Program, rearrest the alien under the 
        original warrant, and detain the alien.
            (2) Removal proceedings.--
                    (A) In general.--The immigration court shall 
                advance on the docket and expedite to the greatest 
                possible extent the disposition of the removal 
                proceedings of an alien who is rearrested and detained 
                under paragraph (1). If the immigration court finds 
                that the alien should be removed, it shall enter an 
                administrative order of removal.
                    (B) Appeal.--Not later than 7 days after the entry 
                of an administrative order of removal under 
                subparagraph (A), an alien may appeal such order to the 
                board of immigration appeals. Not later than 7 days 
                after such an appeal is filed, the board of immigration 
                appeals shall hear the appeal. Not later than 7 days 
                after hearing such an appeal, the board shall issue a 
                decision. If the board issues a final administrative 
                order of removal, the alien shall be removed from the 
                United States not later than 7 days after such 
                issuance.
    (c) Report.--Not later than 120 days after the date of enactment of 
this Act, the Secretary of Homeland Security shall submit to Congress a 
report on the numbers and percentages of covered aliens who have 
checked in with the Secretary as required under subsection (a).

SEC. 12. REQUIREMENT TO SUBMIT BIOMETRIC INFORMATION.

    (a) In General.--The Secretary of Homeland Security shall require 
an alien arriving in the United States to submit biometric information 
to the Secretary in order to be eligible to participate in the 
Alternative to Detention program.
    (b) Interoperability and Information Matching.--The Secretary of 
Homeland Security shall ensure, to the extent practicable, that any 
biometric information collected pursuant to subsection (a) is stored in 
a manner that is interoperable with, and allows matching against, other 
Federal, State, and local law enforcement databases that store 
biometric information of known or suspected terrorists or identify visa 
holders who violate the terms of their visas.

SEC. 13. DEFINITIONS.

    In this Act:
            (1) Except as otherwise provided, the terms used in this 
        Act have the meanings given such terms in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            (2) The term ``covered alien'' means an alien who is 
        present in the United States and enrolled in the Intensive 
        Supervision Appearance Program on the date of enactment of this 
        Act.
            (3) The terms ``Intensive Supervision Appearance Program'' 
        and ``ISAP'' include GPS monitoring (both ankle worn GPS and 
        wrist worn GPS), telephonic reporting, and home visits.
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