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H.R. 3437 (114th): Protecting American Lives Act

The text of the bill below is as of Jul 31, 2015 (Introduced).


I

114th CONGRESS

1st Session

H. R. 3437

IN THE HOUSE OF REPRESENTATIVES

July 31, 2015

introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To ensure State and local compliance with all Federal immigration detainers on aliens in custody and for other purposes.

1.

Short title

This Act may be cited as the Protecting American Lives Act.

2.

Definitions and severability

(a)

Definitions

In this Act:

(1)

Department

The term Department means the Department of Homeland Security.

(2)

Secretary

The term Secretary means the Secretary of Homeland Security.

(3)

State

The term State has the meaning given to such term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).

(b)

Severability

If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation.

3.

Information sharing regarding criminal aliens

Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended—

(1)

by striking Immigration and Naturalization Service each place it appears and inserting Department of Homeland Security;

(2)

in subsection (a), by striking may and inserting shall;

(3)

in subsection (b)—

(A)

by striking no person or agency may and inserting a person or agency shall not; and

(B)

by striking doing any of the following with respect to information and inserting undertaking any of the following law enforcement activities;

(4)

by striking paragraphs (1) through (3) and inserting the following:

(1)

Notifying the Federal Government regarding the presence of inadmissible and deportable aliens who are encountered by law enforcement personnel of a State or political subdivision of a State.

(2)

Complying with requests for information from Federal law enforcement.

; and

(5)

by adding at the end the following:

(d)

Sanctuary polices

Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official shall not issue in the form of resolutions, ordinances, administrative actions, general or special orders, or departmental policies that violate Federal law or restrict a State or political subdivision of a State from complying with Federal law or coordinating with Federal law enforcement.

(e)

Compliance

(1)

In general

A State, or a political subdivision of a State, that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision of the State, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers’ routine law enforcement duties shall not be eligible to receive—

(A)

any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.); or

(B)

any other law enforcement or Department of Homeland Security grant.

(2)

Annual determination

(A)

Requirement

Not later than March 1 of each year, the Secretary of Homeland Security shall determine which States or political subdivisions of a State are not in compliance with this section and report such determination to Congress.

(B)

Ineligibility for financial assistance

Any jurisdiction that the Secretary determines is not in compliance under subparagraph (A)—

(i)

shall be ineligible to receive Federal financial assistance as provided in paragraph (1) for a minimum period of 1 year; and

(ii)

shall only become eligible for such assistance after the Secretary certifies that the jurisdiction is in compliance.

(3)

Reallocation

Any funds that are not allocated to a State or to a political subdivision of a State, due to the failure of the State, or of the political subdivision of the State, to comply with this section shall be reallocated to States, or to political subdivisions of States, that comply with such subsection.

(f)

State and local law enforcement provision of information about apprehended aliens

(1)

Provision of information

In compliance with this section and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and each political subdivision of a State, shall provide the Secretary of Homeland Security in a timely manner with identifying information with respect to each alien in the custody of the State, or a political subdivision of the State, who is believed to be inadmissible or deportable.

(2)

Annual report on compliance

Not later than March 1 of each year, the Secretary shall determine which States, or the political subdivisions of States, are not in compliance with this section and submit such determination to Congress.

(g)

Reimbursement

The Secretary of Homeland Security shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by the State, or the political subdivision of a State, as a result of providing information under subsection (f)(1).

(h)

Construction

Nothing in this section shall require law enforcement officials of a State, or from political subdivisions of a State—

(1)

to provide the Secretary of Homeland Security with information related to a victim of a crime or witness to a criminal offense; or

(2)

to otherwise report or arrest such a victim or witness.

.

4.

Clarifying the authority of ICE detainers

(a)

In general

Except as otherwise provided by Federal law or rule of procedure, the Secretary shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute the Secretary’s duties.

(b)

State and local cooperation with DHS detainers

A State, or a political subdivision of a State, that has in effect a statute or policy or practice providing that it not comply with any Department detainer ordering that it temporarily hold an alien in their custody so that the alien may be taken into Federal custody, or transport the alien for transfer to Federal custody, shall not be eligible to receive—

(1)

any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) or the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et seq.); or

(2)

any other law enforcement or Department grant.

(c)

Immunity

A State or a political subdivision of a State acting in compliance with a Department detainer who temporarily holds aliens in its custody so that they may be taken into Federal custody, or transports the aliens for transfer to Federal custody, shall be considered to be acting under color of Federal authority for purposes of determining its liability, and immunity from suit, in civil actions brought by the aliens under Federal or State law.

(d)

Probable cause

It is the sense of Congress that the Department has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding such alien under the standards in place on the date of introduction of this Act.

5.

Illegal reentry

Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended—

(1)

in subsection (a), in the undesignated matter following paragraph (2), by striking not more than 2 years, and inserting not less than 5 years,; and

(2)

in subsection (b)—

(A)

in paragraph (1), by inserting not less than 5 years and after imprisoned;

(B)

in paragraph (2), by inserting not less than 5 years and after imprisoned;

(C)

in paragraph (3), by striking sentence. and inserting sentence;; and

(D)

in paragraph (4), by inserting not less than 5 years and after imprisoned for.