Illegal Alien Capture Notification Act
This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to provide that a person or agency shall (currently, may) not prohibit or restrict a federal, state, or local government entity from undertaking any of the following law enforcement activities (current law refers to information activities) regarding an individual's immigration status:
A federal, state, or local government entity or official shall not issue ordinances, administrative actions, general or special orders, or departmental policies that violate federal law or restrict a state or political subdivision from complying with federal law or coordinating with federal law enforcement.
A state or political subdivision that has in effect a statute, policy, or practice that prohibits state or local law enforcement officers 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: (1) funds for the incarceration of undocumented criminal aliens or for the Cops on the Beat program, or (2) any other law enforcement or Department of Homeland Security (DHS) grant.
States or political subdivisions not in compliance shall: (1) be ineligible to receive such assistance for at least one year, and (2) become eligible for such assistance only after DHS certifies that the jurisdiction is in compliance. Withheld funds shall be reallocated to complying states or political subdivisions.
States and political subdivisions shall provide DHS with identifying information regarding each incarcerated alien who is believed to be inadmissible or deportable.
Nothing in this bill shall require state or local law enforcement officials to: (1) provide DHS with information related to a victim of a crime or witness to a criminal offense, or (2) otherwise report or arrest such a victim or witness.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5825 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5825
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 14, 2016
Mr. Brat introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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.
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 ``Illegal Alien Capture Notification
Act''.
SEC. 2. 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 Policies.--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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Border Security.
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