HR 9128

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IN THE HOUSE OF REPRESENTATIVES

October 4, 2022

Mr. Cloud (for himself, Mr. Lamborn, Mrs. Miller of Illinois, Mr. Weber of Texas, and Mr. Gohmert) 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.”;

(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) The State or political subdivision shall have the right to a hearing before an administrative law judge.

“(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.”.

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>