Local Control Act

Local Control Act

This bill imposes requirements on the placement in a state of a non-U.S. national (alien under federal law) without lawful immigration status.

Specifically, before such an individual may be settled in, housed in, or transported to a state or political subdivision within a state, the Department of Homeland Security must notify the office of the governor of that state and the office of the chief executive of the political subdivision. No federal funds may be used for the proposed settling, housing, or transporting if (1) the state governor's office does not approve of the action, or (2) the political subdivision in question has a law or resolution prohibiting or disapproving of such an action.

These requirements shall not apply to the use of federal funds to transport or detain such an individual for civil or criminal law enforcement purposes.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6378 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 6378

To require the Secretary of Homeland Security to notify the Governor of 
  a State prior to the date on which any alien without lawful status 
 under the immigration laws is transported to, housed in, or resettled 
                 in such State, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 12, 2022

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

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Homeland Security to notify the Governor of 
  a State prior to the date on which any alien without lawful status 
 under the immigration laws is transported to, housed in, or resettled 
                 in such State, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Local Control Act''.

SEC. 2. DISAPPROVAL OF SETTLEMENT OF CERTAIN ALIENS.

    (a) Conditions on Settlement of Certain Aliens.--Notwithstanding 
any other provision of law, beginning on the date of the enactment of 
this Act, the Secretary of Homeland Security in consultation with the 
Secretary of Health and Human Services and the Attorney General, shall 
notify the Governor of a State and the chief executive of a political 
subdivision prior to the date on which any alien without lawful status 
under the immigration laws is transported to, housed in, or resettled 
in such State or political subdivision.
    (b) Disapproval of Settlement of Certain Aliens.--Notwithstanding 
any other provision of law, beginning on the date of the enactment of 
this Act, the following conditions on transportation, housing, and 
resettlement of aliens without lawful status under the immigration laws 
shall apply:
            (1) No Federal funds may be used to transport, house, or 
        resettle any alien without lawful status under the immigration 
        laws within a State without the approval of the Governor of the 
        State.
            (2) Notwithstanding any approval granted under paragraph 
        (1), no Federal funds may be used to transport, house, or 
        resettle any alien without lawful status under the immigration 
        laws in any political subdivision within a State if the 
        political subdivision has in effect a law, a policy with the 
        effect of law, or resolution prohibiting or disapproving of the 
        transportation, housing, or resettling of aliens in that 
        political subdivision.
            (3) Notwithstanding paragraph (1) or (2), nothing in this 
        subsection shall be construed to prohibit the use of Federal 
        funds for the transportation or detention of an alien without a 
        lawful immigration status for civil or criminal law enforcement 
        purposes.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to restrict or limit the transportation or detention of an 
alien without a lawful immigration status for civil or criminal law 
enforcement purposes.
    (d) Alien Defined.--In this Act, the term ``alien'' has the meaning 
given such term in section 101(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)).
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