287(g) Program Protection Act
This bill requires the Department of Homeland Security (DHS) to allow qualified state and local law enforcement agencies to perform certain immigration enforcement activities if the agency requests such authority. DHS may refuse to grant the request only if there is a compelling reason.
Currently, DHS is authorized to grant such authority but is not required to do so.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 998 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 998
To amend section 287(g) of the Immigration and Nationality Act to
clarify congressional intent with respect to agreements under such
section, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 14, 2023
Mr. Cloud (for himself, Mr. Lamborn, and Mr. Weber of Texas) introduced
the following bill; which was referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend section 287(g) of the Immigration and Nationality Act to
clarify congressional intent with respect to agreements under such
section, 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 ``287(g) Program Protection Act''.
SEC. 2. CLARIFICATION OF CONGRESSIONAL INTENT.
Section 287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)) is amended--
(1) in paragraph (1), by striking ``the Attorney General
may enter'' and all that follows through the period at the end
and inserting the following: ``the Secretary of Homeland
Security shall enter into a written agreement with a State, or
any political subdivision of a State, upon request of the State
or political subdivision, pursuant to which law enforcement
officers of the State or subdivision, who are determined by the
Secretary to be qualified to perform a function of an
immigration officer in relation to the investigation,
apprehension, or detention of aliens in the United States
(including the transportation of such aliens across State lines
to detention centers), may carry out such function at the
expense of the State or political subdivision. No request from
a bona fide State or political subdivision or bona fide law
enforcement agency shall be denied absent a compelling reason,
and the Secretary shall notify the Congress and publish in the
Federal Register an explanation for those reasons at least 180
days in advance of making final the denial. No limit on the
number of agreements under this subsection may be imposed. The
Secretary shall process requests for such agreements with all
due haste, and in no case shall more than 90 days elapse from
the date the request is made until the agreement is
consummated. For purposes of this subsection, any reference to
a political subdivision shall be construed to include any law
enforcement or corrections agency of the political
subdivision.'';
(2) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary'';
(3) by redesignating paragraphs (2) through (10) as
paragraphs (5) through (13), respectively;
(4) by inserting after paragraph (1) the following:
``(2) An agreement under this subsection shall accommodate
a requesting State or political subdivision with respect to the
enforcement model or combination of models, and shall
accommodate a patrol model, task force model, jail model, any
combination thereof, or any other reasonable model the State or
political subdivision believes is best suited to the
immigration enforcement needs of its jurisdiction.
``(3) No Federal program or technology directed broadly at
identifying inadmissible or deportable aliens shall substitute
for such agreements, including those establishing a jail model,
and shall operate in addition to any agreement under this
subsection.
``(4)(A) No agreement under this subsection may be
terminated absent a compelling reason.
``(B)(i) The Secretary shall provide a State or political
subdivision written notice of intent to terminate at least 180
days prior to date of intended termination, and the notice
shall fully explain the grounds for termination, along with
providing evidence substantiating the Secretary's allegations.
``(ii) In order to determine whether the requirements of
this paragraph have been satisfied, the State or political
subdivision shall have the right--
``(I) to appeal the decision of the Secretary to an
administrative law judge for a hearing and decision; or
``(II) to bring a civil action in an appropriate
court of jurisdiction.
``(C) The agreement shall remain in full effect during the
course of any and all legal proceedings.''; and
(5) in paragraph (6) (as redesignated), by adding at the
end the following: ``The Secretary of Homeland Security shall
implement uniform training requirements for law enforcement
officers who are, or will be, performing a function of an
immigration officer under this subsection. The training
requirements shall align with Federal Law Enforcement Training
Center standards for training under this subsection (as in
effect of the date of the enactment of this sentence).''.
SEC. 3. FUNDING.
Section 286(r) of the Immigration and National Act (8 U.S.C.
1356(r)) is amended--
(1) in the subsection heading, by striking ``Breached Bond/
Detention Fund'' and inserting ``Breached Bond/Detention/287(g)
Fund'';
(2) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(3) in paragraph (1), by striking ``Breached Bond/
Detention'' and inserting ``Breached Bond/Detention/287(g)'';
(4) in paragraph (2), by striking ``Department of Justice''
and inserting ``Department of Homeland Security''; and
(5) in paragraph (3)--
(A) in clause (i), by striking ``, and'' at the end
and inserting a semicolon;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(iv) for expenses associated with administering
section 287(g).''.
SEC. 4. REQUIREMENTS ON SECRETARY.
(a) Annual Performance Report.--Not later than December 31 of the
first fiscal year that begins after the date of the enactment of this
Act, and not later than December 31 of each year thereafter, the
Secretary of Homeland Security shall publish an annual performance
report on the program under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) that includes at least the following
information:
(1) The number of aliens apprehended and screened by law
enforcement through the program.
(2) The number of aliens removed from the United States as
a result of the program.
(3) The number of aliens described in paragraph (1) who
were not removed and an explanation for why they were not
removed.
(4) The methods being used to conduct oversight of each law
enforcement agency participating under the program.
(5) The number of law enforcement agencies in compliance
with the program's training requirements.
(6) The number of complaints filed against law enforcement
agencies claiming they did not comply their written agreement
entered into under such section.
(7) The number of law enforcement agencies that had such
written agreement terminated.
(8) The reasons for such termination.
(b) Annual Recruitment Plan.--Not later than December 31 of the
first fiscal year that begins after the date of the enactment of this
Act, and not later than December 31 of each year thereafter, the
Secretary of Homeland Security shall publish an annual recruitment plan
with respect to the program under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) that includes at least the following
information:
(1) Annual goals for the next five years for recruitment of
new States and political subdivisions of States to participate
in the program.
(2) The number of new States and political subdivisions of
States participating in the program each year.
(3) A description of the outreach to States and political
subdivisions of States conducted for the program and the other
methods used to achieve recruitment goals.
(4) The number of requests for agreements received,
approved, denied, and pending approval.
(c) Rulemaking.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall publish
a notice of rulemaking with respect to the training requirements under
section 287(g)(6) of the Immigration and Nationality Act (8 U.S.C.
1357(g)(6)), as added by section 2(5).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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