[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S715-S718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1529. Mr. TUBERVILLE submitted an amendment intended to be
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend
title 38, United States Code, to make certain improvements relating to
the eligibility of veterans to receive reimbursement for emergency
treatment furnished through the Veterans Community Care program, and
for other purposes; which was ordered to lie on the table; as follows:
At the end of division B, add the following:
TITLE V--EMPOWERING LAW ENFORCEMENT
SEC. 501. SHORT TITLE.
This title may be cited as the ``Empowering Law Enforcement
Act of 2024''.
SEC. 502. DEFINED TERM.
In this title, the term ``State'' has the meaning given
such term in section 101(a)(36) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(36)).
SEC. 503. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT
BY STATES AND POLITICAL SUBDIVISIONS OF STATES.
Notwithstanding any other provision of law and reaffirming
the existing inherent authority of States, law enforcement
personnel of a State or a political subdivision of a State
have the inherent authority of a sovereign entity to
investigate, identify, apprehend, arrest, detain, or transfer
to Federal custody aliens in the United States (including the
transportation of such aliens across State lines to detention
centers), for the purpose of assisting in the enforcement of
the immigration laws of the United States in the normal
course of carrying out their law enforcement duties. This
State authority has never been displaced or preempted by
Federal law.
SEC. 504. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.
(a) Provision of Information to the National Crime
Information Center.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the National Crime Information Center of the
Department of Justice (referred to in this section as the
``NCIC'') any information in the possession of the Secretary
related to--
(A) any alien against whom a final order of removal has
been issued;
(B) any alien who is subject to a voluntary departure
agreement;
(C) any alien who has remained in the United States beyond
the alien's authorized period of stay; and
(D) any alien whose visa has been revoked.
(2) Requirement to provide and use information.--The NCIC
shall enter the information submitted pursuant to paragraph
(1) into the Immigration Violators File of the NCIC database
regardless of whether--
(A) the alien received notice of a final order of removal;
(B) the alien has already been removed; or
(C) sufficient identifying information is available for the
alien, such as a physical description of the alien.
(b) Inclusion of Information About Immigration Law
Violations in the NCIC Database.--Section 534(a) of title 28,
United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) by redesignating paragraph (5) as paragraph (6); and
(3) by inserting after paragraph (4) the following:
``(5) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States,
regardless of whether the alien has received notice of the
violation, sufficient identifying information is available
for the alien, or the alien has already been removed; and.''.
[[Page S716]]
(c) Permission To Depart Voluntarily.--Section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) in subsection (a)(2)(A), by striking ``120 days'' and
inserting ``30 days''.
SEC. 505. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY
STATE OR LOCAL LAW ENFORCEMENT.
(a) In General.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by
inserting after section 240C the following:
``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL
CUSTODY.
``(a) Defined Term.--In this section, the term `illegal
alien' means an alien who--
``(1) entered the United States without inspection or at
any time or place other than that designated by the Secretary
of Homeland Security;
``(2) after entering the United States with inspection at a
time and place designated by the Secretary of Homeland
Security, was granted parole into the United States;
``(3) was admitted as a nonimmigrant and, at the time the
alien was taken into custody by the State or political
subdivision, had failed--
``(A) to maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under section
248; or
``(B) to comply with the conditions of the status described
in subparagraph (A);
``(4) was admitted as an immigrant and subsequently failed
to comply with the requirements of such status; or
``(5) failed to depart the United States as required under
a voluntary departure agreement or under a final order of
removal.
``(b) In General.--If a member of a law enforcement entity
of a State (or, if appropriate, a political subdivision of
the State), exercising authority with respect to the
apprehension or arrest of an illegal alien, submits a request
to the Secretary of Homeland Security that the alien be taken
into Federal custody, the Secretary shall--
``(1)(A) not later than 48 hours after the conclusion of
the State charging process or dismissal process (or if no
State charging or dismissal process is required, not later
than 48 hours after the alien is apprehended), take the alien
into the custody of the Federal Government and incarcerate
the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily detain or transport the alien
to a location for transfer to Federal custody; and
``(2) designate at least 1 Federal, State, or local prison
or jail or a private contracted prison or detention facility
within each State as the central facility for law enforcement
entities of such State to transfer custody of criminal or
illegal aliens to the Department of Homeland Security.
``(c) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State or a political subdivision of a State for
all reasonable expenses, as determined by the Secretary,
incurred by the State or political subdivision in the
detention and transportation of a criminal or illegal alien
under subsection (b)(1).
``(2) Cost computation.--The amount reimbursed for costs
incurred in the detention and transportation of a criminal or
illegal alien under subsection (b)(1) shall be equal to the
sum of--
``(A) the product of--
``(i) the average cost of incarceration of a prisoner in
the relevant State, as determined by the chief executive
officer of the State (or, as appropriate, a political
subdivision of the State); and
``(ii) the number of days that the alien was in the custody
of the State or political subdivision; and
``(B) the cost of transporting the criminal or illegal
alien from the point of apprehension or arrest to--
``(i) the location of detention; and
``(ii) if the location of detention and of custody transfer
are different, to the custody transfer point.
``(d) Requirement for Appropriate Security.--The Secretary
of Homeland Security shall ensure that illegal aliens
incarcerated in Federal facilities under this section are
held in facilities that provide an appropriate level of
security.
``(e) Schedule Requirement.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular
circuit and schedule for the prompt transfer of apprehended
illegal aliens from the custody of States and political
subdivisions of States to Federal custody.
``(2) Authority for contracts.--The Secretary of Homeland
Security may enter into contracts with appropriate State and
local law enforcement and detention officials to implement
this section.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 240C
the following:
``Sec. 240D. Transfer of illegal aliens from State to Federal
custody.''.
SEC. 506. DETENTION OF DANGEROUS ALIENS.
(a) In General.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended--
(1) by striking ``Attorney General'' each place such term
appears, except for the first reference in paragraph
(4)(B)(i), and inserting ``Secretary of Homeland Security'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``90 days'' and
inserting ``60 days''; and
(B) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) Beginning of period.--The removal period begins on
the latest of--
``(i) the date on which the order of removal becomes
administratively final;
``(ii) if the alien is not in the custody of the Secretary
of Homeland Security on the date on which the order of
removal becomes administratively final, the date on which the
alien is taken into such custody; or
``(iii) if the alien is detained or confined (except under
an immigration process) on the date on which the order of
removal becomes administratively final, the date on which the
alien is taken into the custody of the Secretary of Homeland
Security after the alien is released from such detention or
confinement.
``(C) Extension of period.--
``(i) In general.--The removal period shall be extended
beyond a period of 60 days and the Secretary of Homeland
Security may, in the Secretary's sole discretion, keep the
alien in detention during such extended period if--
``(I) the alien fails or refuses to make all reasonable
efforts to comply with the removal order, or to fully
cooperate with the Secretary's efforts to establish the
alien's identity and carry out the removal order, including--
``(aa) making timely application in good faith for travel
or other documents necessary for the alien's departure; or
``(bb) conspiring or acting to prevent the removal of an
alien that is subject to an order of removal;
``(II) a court, the Board of Immigration Appeals, or an
immigration judge orders a stay of removal of an alien who is
subject to an administratively final order of removal;
``(III) the Secretary lawfully transfers custody of the
alien to another Federal agency or to a State or local
government agency in connection with the official duties of
such agency; or
``(IV) a court or the Board of Immigration Appeals orders a
remand to the immigration judge or to the Board of
Immigration Appeals while the case is pending a decision on
remand (with the removal period beginning anew on the date on
which the alien is ordered removed on remand).
``(ii) Renewal.--If the removal period has been extended
pursuant to clause (i), a new removal period shall begin on
the date on which--
``(I) the alien makes all reasonable efforts to comply with
the removal order or to fully cooperate with the Secretary of
Homeland Security's efforts to establish the alien's identity
and carry out the removal order;
``(II) the stay of removal is no longer in effect; or
``(III) the alien is returned to the custody of the
Secretary.
``(iii) Mandatory detention for certain aliens.--The
Secretary shall keep an alien described in section 236(c)(1)
in detention during the extended period described in clause
(i).
``(iv) Sole form of relief.--An alien may seek relief from
detention under this subparagraph by filing an application
for a writ of habeas corpus in accordance with chapter 153 of
title 28, United States Code. No alien whose period of
detention is extended under this subparagraph shall have the
right to seek release on bond.'';
(3) in paragraph (3)--
(A) by inserting ``or is not detained pursuant to paragraph
(6)'' after ``removal period''; and
(B) in subparagraph (D), by inserting ``in order to prevent
the alien from absconding, for the protection of the
community, or for other purposes related to the enforcement
of the immigration laws'' before the period at the end;
(4) in paragraph (4)(A), by striking ``paragraph (2)'' and
inserting ``in subparagraph (B)''; and
(5) by amending paragraph (6) to read as follows:
``(6) Additional rules for detention or release of certain
aliens.--
``(A) Detention review process for cooperative aliens.--
``(i) In general.--The Secretary of Homeland Security shall
establish an administrative review process to determine
whether an alien who is not otherwise subject to mandatory
detention, who has made all reasonable efforts to comply with
a removal order and to cooperate fully with the Secretary's
efforts to establish the alien's identity and to carry out
the removal order, including making timely application in
good faith for travel or other documents necessary to the
alien's departure, and who has not conspired or acted to
prevent removal, should be detained or released on
conditions.
``(ii) Determination.--The Secretary of Homeland Security
shall determine whether to release an alien after the removal
period in accordance with subparagraph (B). Such
determination shall include the consideration of any evidence
submitted by the alien and may include the consideration of
any other evidence, including any information or assistance
provided by the Secretary of State or other Federal official
and any other information available to the Secretary of
Homeland Security pertaining to the ability to remove the
alien.
``(B) Authority to detain beyond removal period.--
[[Page S717]]
``(i) In general.--The Secretary of Homeland Security, in
the sole discretion of the Secretary, may continue to detain
an alien for 90 days beyond the removal period (including any
extension of the removal period under paragraph (1)(C)). An
alien whose detention is extended under this subparagraph is
not entitled to seek release on bond.
``(ii) Specific circumstances.--The Secretary of Homeland
Security, in the sole discretion of the Secretary, may
continue to detain an alien beyond the 90 days authorized
under clause (i)--
``(I) until the alien is removed, if the Secretary, in the
sole discretion of the Secretary, determines that there is a
significant likelihood that the alien--
``(aa) will be removed in the reasonably foreseeable
future; or
``(bb) would be removed in the reasonably foreseeable
future, or would have been removed, but for the alien's
failure or refusal to make all reasonable efforts to comply
with the removal order, or to cooperate fully with the
Secretary's efforts to establish the alien's identity and
carry out the removal order, including making timely
application in good faith for travel or other documents
necessary to the alien's departure, or conspires or acts to
prevent removal;
``(II) until the alien is removed, if the Secretary of
Homeland Security certifies in writing--
``(aa) in consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety;
``(bb) after receipt of a written recommendation from the
Secretary of State, that release of the alien is likely to
have serious adverse foreign policy consequences for the
United States;
``(cc) based on information available to the Secretary of
Homeland Security (including classified, sensitive, or
national security information, and without regard to the
grounds upon which the alien was ordered removed), that there
is reason to believe that the release of the alien would
threaten the national security of the United States; or
``(dd) that the release of the alien will threaten the
safety of the community or any person, conditions of release
cannot reasonably be expected to ensure the safety of the
community or any person, or either--
``(AA) the alien has been convicted of 1 or more aggravated
felonies (as defined in section 101(a)(43)(A)), of 1 or more
crimes identified by the Secretary of Homeland Security by
regulation, or of 1 or more attempts or conspiracies to
commit any such aggravated felonies or such identified
crimes, if the aggregate term of imprisonment for such
attempts or conspiracies is at least 5 years; or
``(BB) the alien has committed 1 or more crimes of violence
(as defined in section 16 of title 18, United States Code),
excluding purely political offenses, and the alien, because
of a mental condition or personality disorder and behavior
associated with such condition or disorder, is likely to
engage in acts of violence in the future; or
``(III) pending a certification under subclause (II), if
the Secretary of Homeland Security initiates the
administrative review process not later than 30 days after
the expiration of the removal period (including any extension
of the removal period under paragraph (1)(C)).
``(iii) No right to bond hearing.--An alien whose detention
is extended under this subparagraph is not entitled to seek
release on bond, including by reason of a certification under
clause (ii)(II).
``(C) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary of Homeland Security may
renew a certification under subparagraph (B)(ii)(II) every 6
months, after providing an opportunity for the alien to
request reconsideration of the certification and to submit
documents or other evidence in support of that request. If
the Secretary does not renew the certification, the Secretary
may not continue to detain the alien under subparagraph
(B)(ii)(II).
``(ii) Delegation.--Notwithstanding section 103, the
Secretary of Homeland Security may not delegate the authority
to make or renew a certification described in item (bb),
(cc), or (dd) of subparagraph (B)(ii)(II) below the level of
the Assistant Secretary for Immigration and Customs
Enforcement.
``(iii) Hearing.--The Secretary of Homeland Security may
request that the Attorney General or the Attorney General's
designee provide for a hearing to make the determination
described in item (dd)(BB) of subparagraph (B)(ii)(II).
``(D) Release on conditions.--If a Federal court or the
Board of Immigration Appeals determines that an alien should
be released from detention or if an immigration judge orders
a stay of removal, the Secretary of Homeland Security, in
discretion of the Secretary, may impose conditions on release
in accordance with paragraph (3).
``(E) Redetention.--
``(i) In general.--The Secretary of Homeland Security, in
the discretion of the Secretary, without any limitations
other than those specified in this section, may redetain any
alien subject to a final removal order who is released from
custody if--
``(I) removal becomes likely in the reasonably foreseeable
future;
``(II) the alien fails to comply with the conditions of
release or to continue to satisfy the conditions described in
subparagraph (A); or
``(III) upon reconsideration, the Secretary, in the sole
discretion of the Secretary, determines that the alien can be
detained under subparagraph (B).
``(ii) Applicability.--This section shall apply to any
alien returned to custody pursuant to this subparagraph as if
the removal period terminated on the first day of such
redetention.
``(F) Review of determinations by secretary.--A
determination by the Secretary of Homeland Security under
this paragraph shall not be subject to review by any other
agency.''.
(b) Detention of Aliens During Removal Proceedings.--
Section 236 of the Immigration and Nationality Act (8 U.S.C.
1226) is amended--
(1) by striking ``Attorney General'' each place such term
appears (except in the second place the term appears in
subsection (a)) and inserting ``Secretary of Homeland
Security'';
(2) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General--''; and
(B) in paragraph (2)(B), by striking ``conditional
parole;'' and inserting ``recognizance;'';
(3) in subsection (b), by striking ``parole'' and inserting
``recognizance'';
(4) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Custody.--
``(A) In general.--The Secretary of Homeland Security shall
take into custody any alien described in paragraph (2) or (3)
of section 212(a) or in paragraph (2) or (4) of section
237(a), or who has no lawful status in the United States and
has been convicted for driving while intoxicated (including a
conviction for driving while under the influence or impaired
by alcohol or drugs), any time after the alien is released,
regardless of whether the alien--
``(i) is released related to any activity, offense, or
conviction described in this paragraph;
``(ii) is released on parole, supervised release, or
probation; or
``(iii) may be arrested or imprisoned again for the same
offense.
``(B) Subsequent custody.--If activity, offense, or
conviction described in subparagraph (A) does not result in
the alien being taken into custody, the Secretary of Homeland
Security shall take such alien into custody--
``(i) when the alien is brought to the attention of the
Secretary; or
``(ii) when the Secretary determines it is practical to
take such alien into custody.''.
(5) in subsection (e), by striking ``Attorney General's''
and inserting ``Secretary of Homeland Security's''; and
(6) by adding at the end the following:
``(f) Length of Detention.--
``(1) In general.--Notwithstanding any other provision of
this section, an alien may be detained under this section,
and an alien described in subsection (c) shall be detained,
without time limitation, except as provided in subsection
(g), during the pendency of removal proceedings.
``(2) Construction.--The length of detention under this
section shall not affect a detention authorized under section
241.
``(g) Release on Bond.--
``(1) In general.--An alien detained under subsection (a)
may seek release on bond in an amount that is not less than
$10,000. No bond may be granted under this paragraph unless
the alien establishes, by clear and convincing evidence, that
the alien is not a flight risk or a risk to another person or
to the community.
``(2) Certain aliens ineligible.--No alien detained
pursuant to subsection (c) may seek release on bond.''.
(c) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall take effect upon the date of the enactment of this Act,
and section 241 of the Immigration and Nationality Act, as
amended by subsection (a), shall apply to--
(A) all aliens subject to a final administrative removal,
deportation, or exclusion order that was issued before, on,
or after the date of the enactment of this Act; and
(B) acts and conditions occurring or existing before, on,
or after such date.
(2) Subsection (b).--The amendments made by subsection (b)
shall take effect upon the date of the enactment of this Act,
and section 236 of the Immigration and Nationality Act, as
amended by subsection (b), shall apply to any alien in
detention under provisions of such section on or after such
date.
SEC. 507. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND
LOCAL LAW ENFORCEMENT PERSONNEL.
(a) Training Manual and Pocket Guide.--
(1) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall publish--
(A) a training manual for State and local law enforcement
personnel to train such personnel in the investigation,
identification, apprehension, arrest, detention, and transfer
to Federal custody of aliens in the United States,
including--
(i) the transportation of such aliens across State lines to
detention centers; and
(ii) the identification of fraudulent documents; and
(B) an immigration enforcement pocket guide for State and
local law enforcement personnel to provide a quick reference
for such personnel in the course of duty.
[[Page S718]]
(2) Availability.--The training manual and pocket guide
published pursuant to paragraph (1) shall be made available
to all State and local law enforcement personnel.
(3) Applicability.--Nothing in this subsection may be
construed to require State or local law enforcement personnel
to keep the training manual or pocket guide with them while
on duty.
(4) Costs.--The Secretary shall be responsible for all
costs incurred in the publication of the training manual and
pocket guide under this subsection.
(b) Training Flexibility.--
(1) In general.--The Secretary of Homeland Security shall
make training available to State and local law enforcement
officers through as many means as possible, including--
(A) residential training at--
(i) the Federal Law Enforcement Training Center (referred
to in this subsection as ``FLETC'') of the Department of
Homeland Security in Glynco, Georgia; and
(ii) the Center for Domestic Preparedness of the Federal
Emergency Management Agency in Anniston, Alabama;
(B) onsite training held at State or local police agencies
or facilities;
(C) online training courses by computer, teleconferencing,
and videotape; and
(D) recording training courses on DVD.
(2) Online training.--The head of the FLETC Learning Center
shall make training available for State and local law
enforcement personnel through the internet using a secure,
encrypted distributed learning system that--
(A) has all its servers based in the United States;
(B) is sealable and survivable; and
(C) is capable of having a portal in place not later than
30 days after the date of the enactment of this Act.
(3) Federal personnel training.--The training of State and
local law enforcement personnel under this section may not
displace the training of Federal personnel.
(c) Rule of Construction.--Nothing in this Act or in any
other provision of law may be construed as making any
immigration-related training a requirement for, or a
prerequisite to, any State or local law enforcement officer
exercising the inherent authority of the officer to
investigate, identify, apprehend, arrest, detain, or transfer
to Federal custody illegal aliens during the normal course of
carrying out the law enforcement duties of the officer.
(d) Training Limitation.--Section 287(g) of the Immigration
and Nationality Act (8 U.S.C. 1357(g)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (2), by adding at the end the following:
``Training described in this paragraph may not exceed 14 days
or 80 hours, whichever is longer.''.
SEC. 508. IMMUNITY.
(a) Personal Immunity.--
(1) In general.--Notwithstanding any other provision of
law, a law enforcement officer of a State or of a political
subdivision of a State shall be immune from personal
liability arising out of the enforcement of any immigration
law to the same extent as a Federal law enforcement officer
is immune.
(2) Applicability.--The immunity provided under paragraph
(1) only applies to an officer of a State, or of a political
subdivision of a State, who is acting within the scope of
such officer's official duties.
(b) Agency Immunity.--Notwithstanding any other provision
of law, a law enforcement agency of a State, or of a
political subdivision of a State, shall be immune from any
claim for money damages based on Federal, State, or local
civil rights law for an incident arising out of the
enforcement of any immigration law, except to the extent that
the law enforcement officer of that agency, whose action the
claim involves, committed a violation of Federal, State, or
local criminal law in the course of enforcing such
immigration law.
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