H. R. 5825
IN THE HOUSE OF REPRESENTATIVES
July 14, 2016
Mr. Brat introduced the following bill; which was referred to the Committee on the Judiciary
To amend section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to communication between law enforcement agencies and the Secretary of Homeland Security about the immigration status of individuals.
This Act may be cited as the
Illegal Alien Capture Notification Act.
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—
Immigration and Naturalization Service each place it appears and inserting
Department of Homeland Security;
in subsection (a), by striking
may and inserting
in subsection (b)—
no person or agency may and inserting
a person or agency shall not; and
doing any of the following with respect to information and inserting
undertaking any of the following law enforcement activities;
by striking paragraphs (1) through (3) and inserting the following:
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.
Complying with requests for information from Federal law enforcement.
by adding at the end the following:
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.
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—
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
any other law enforcement or Department of Homeland Security grant.
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.
Ineligibility for financial assistance
Any jurisdiction that the Secretary determines is not in compliance under subparagraph (A)—
shall be ineligible to receive Federal financial assistance as provided in paragraph (1) for a minimum period of 1 year; and
shall only become eligible for such assistance after the Secretary certifies that the jurisdiction is in compliance.
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.
State and local law enforcement provision of information about apprehended aliens
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.
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.
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).
Nothing in this section shall require law enforcement officials of a State, or from political subdivisions of a State—
to provide the Secretary of Homeland Security with information related to a victim of a crime or witness to a criminal offense; or
to otherwise report or arrest such a victim or witness.