118 HR 8430 IH: Reshape Alternatives to Detention Act of 2024
U.S. House of Representatives
2024-05-16
text/xml
EN
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I
118th CONGRESS
2d Session
H. R. 8430
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.
1.

Short title
This Act may be cited as the “Reshape Alternatives to Detention Act of 2024”.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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).
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.
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.