[Congressional Record Volume 171, Number 8 (Wednesday, January 15, 2025)]
[Senate]
[Pages S190-S191]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 56. Mr. MURPHY (for himself, Mr. Kaine, Mr. King, Mr. Warnock, Ms.
Klobuchar, and Ms. Baldwin) submitted an amendment intended to be
proposed by him to the bill S. 5, to require the Secretary of Homeland
Security to take into custody aliens who have been charged in the
United States with theft, and for other purposes; which was ordered to
lie on the table; as follows:
At the end of the bill, add the following:
SEC. 4. IMMIGRATION-RELATED ARREST WARRANTS.
(a) Short Title.--This section may be cited as the
``Improving Public Safety Through Immigration Warrant
Issuance Act''.
(b) Warrant Authority.--
(1) 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;
[[Page S191]]
``(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.''.
(2) 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.''.
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