[Congressional Record Volume 172, Number 21 (Thursday, January 29, 2026)]
[Senate]
[Page S389]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4276. Mr. MURPHY submitted an amendment intended to be proposed by
him to the bill H.R. 7148, making further consolidated appropriations
for the fiscal year ending September 30, 2026, and for other purposes;
which was ordered to lie on the table; as follows:
On page 1176, after line 17, add the following:
Sec. 239. (a) Notwithstanding any other provision of law
and except as provided under section 287(a)(2) of the
Immigration and Nationality Act (8 U.S.C. 1357(a)(2)), no
funds made available to the Department of Homeland Security
by this Act or by any other Act may be used by any officer or
employee to make a civil immigration arrest without--
(1) a judicially enforceable warrant issued by a Federal
magistrate or Article III judge; or
(2) a civil administrative warrant that complies with the
requirements described in subsection (b).
(b) To meet the requirements described in this subsection,
a civil administrative warrant shall--
(1) be served on the recipient with the accompanying
documentation described in paragraph (3) at the time the
warrant is issued;
(2) be issued concurrently with or based on a previously-
existing charging document or conclusive evidence of an
existing removal order;
(3) accurately document the probable cause of the
recipient's lack of lawful immigration status; and
(4) be approved by an immigration judge or a supervising
officer not later than 24 hours before it is executed.
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