[Congressional Record Volume 170, Number 51 (Friday, March 22, 2024)]
[Senate]
[Page S2609]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1788. Mr. MURPHY (for himself, Ms. Baldwin, Mr. Brown, Mr. Casey, 
Mr. Kaine, Mr. King, Ms. Klobuchar, and Ms. Sinema) submitted an 
amendment intended to be proposed by him to the bill H.R. 2882, to 
reauthorize the Morris K. Udall and Stewart L. Udall Trust Fund, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. IMPROVING PUBLIC SAFETY THROUGH IMMIGRATION WARRANT 
                   ISSUANCE.

       (a) Short Title.--This section may be cited as the 
     ``Improving Public Safety Through Immigration Warrant 
     Issuance Act''.
       (b) In General.--Chapter 9 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1351 et seq.) is amended by 
     inserting after section 287 the following:

     ``SEC. 287A. AUTHORIZATION OF FEDERAL COURTS TO ISSUE ARREST 
                   WARRANTS.

       ``(a) Authorization of Federal Courts to Issue Arrest 
     Warrants.--Upon receiving an application from a Federal law 
     enforcement officer or an attorney for the Federal 
     Government, a magistrate judge is authorized to issue a 
     warrant to seize an alien located within the district over 
     which the magistrate judge has jurisdiction if there is 
     probable cause to believe that the alien--
       ``(1) is removable (as defined in section 240(e)(2)); and
       ``(2)(A) has been charged with, or convicted of, a felony;
       ``(B) has been charged with, or convicted of, a crime of 
     violence, including any crime that endangers the safety or 
     welfare of children; or
       ``(C) is a threat to national security.
       ``(b) Ensuring the Effectiveness of Warrants for Persons in 
     State or Local Custody.--
       ``(1) Additional authorities.--If such actions are 
     reasonably necessary to ensure the effectiveness of an arrest 
     warrant issued pursuant to subsection (a), a magistrate judge 
     may order the State or local jurisdiction with custody over 
     the alien subject to such warrant--
       ``(A) to transfer the alien to Federal custody;
       ``(B) to notify the Federal Government of the impending 
     release of the alien to facilitate such transfer; and
       ``(C) to hold the alien for such time as may be necessary 
     to facilitate such transfer, which may not exceed 48 hours.
       ``(2) Timing of order.--An order described in paragraph (1) 
     may be issued contemporaneously with an arrest warrant issued 
     pursuant to subsection (a) if, based on reliable evidence, a 
     State or local jurisdiction with custody over the alien 
     subject to such warrant is unlikely to assist in effectuating 
     the warrant.
       ``(3) Rules of construction.--Nothing in this subsection 
     may be construed--
       ``(A) to limit any inherent or statutory power of the 
     Federal courts to issue orders in aid of their jurisdiction, 
     including writs of habeas corpus and writs authorized under 
     section 1651 of title 28, United States Code (commonly known 
     as the `All Writs Act'); or
       ``(B) to interfere with the Department of Homeland 
     Security's ability to issue detainer requests, as authorized 
     by law.
       ``(c) Issuing the Warrant.--Each warrant issued pursuant to 
     this section shall--
       ``(1) be issued to an officer authorized to execute it;
       ``(2) identify the alien to be seized and designate the 
     magistrate judge to whom the warrant shall be returned;
       ``(3) require the officer to submit the issued warrant to 
     any State or locality with custody over the alien subject to 
     the warrant as quickly as practicable; and
       ``(4) be returned to the magistrate judge designated in the 
     warrant.
       ``(d) Procedure for Obtaining a Warrant.--
       ``(1) Ex parte proceedings.--Warrant proceedings under this 
     section may be conducted ex parte.
       ``(2) Warrant on an affidavit.--When a Federal law 
     enforcement officer or an attorney for the Federal Government 
     presents an affidavit in support of a warrant, the magistrate 
     judge may--
       ``(A) require the affiant to appear personally before the 
     judge; and
       ``(B) examine under oath the affiant and any witness 
     produced by the affiant.
       ``(3) Recording testimony.--Testimony taken in support of a 
     warrant shall be recorded by a court reporter or by a 
     suitable recording device. The magistrate judge shall file 
     the transcript or recording with the clerk, along with any 
     related affidavit.
       ``(4) Requesting a warrant by telephonic or other reliable 
     electronic means.--In accordance with rule 4.1 of the Federal 
     Rules of Criminal Procedure, a magistrate judge may issue a 
     warrant based on information communicated by telephone or 
     other reliable electronic means.
       ``(e) Definitions.--In this section:
       ``(1) Attorney for the federal government.--The term 
     `attorney for the Federal Government' means an attorney 
     representing the Federal Government, as authorized by the 
     Attorney General.
       ``(2) Crime of violence.--The term `crime of violence' has 
     the meaning given such term in section 16 of title 18, United 
     States Code.
       ``(3) Felony.--The term `felony' means a crime classified 
     as a felony in the convicting jurisdiction, excluding 
     Federal, State, or local offenses for which an essential 
     element was the alien's immigration status.
       ``(4) Magistrate judge.--The term `magistrate judge' means 
     a United States magistrate judge appointed pursuant to 
     section 631 of title 28, United States Code.''.
       (c) 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 287 
     the following:

``Sec. 287A. Authorization of Federal courts to issue arrest 
              warrants.''.
                                 ______