Detain and Deport Act

Detain and Deport Act

This bill provides that a state or political subdivision that has in effect a statute, policy, or practice providing that it not comply with any Department of Homeland Security (DHS) detainer ordering it to temporarily hold an alien in its custody so that the alien may be taken into federal custody or to transport the alien for transfer to federal custody shall not be eligible to receive any law enforcement or DHS grant.

A state or political subdivision acting in compliance with such a DHS detainer shall be considered to be acting under color of federal authority for purposes of determining its liability and immunity from suit in civil actions brought by the aliens.

It is the sense of Congress that DHS has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding the alien under the standards in place on the date of introduction of this bill.

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5826 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 5826

  To clarify the authority of the Secretary of Homeland Security with 
             respect to detainers, and for other purposes.


_______________________________________________________________________


                    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 clarify the authority of the Secretary of Homeland Security with 
             respect to detainers, 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 ``Detain and Deport Act''.

SEC. 2. CLARIFYING THE AUTHORITY OF ICE DETAINERS.

    (a) In General.--Except as otherwise provided by Federal law or 
rule of procedure, the Secretary shall execute all lawful writs, 
process, and orders issued under the authority of the United States, 
and shall command all necessary assistance to execute the Secretary's 
duties.
    (b) State and Local Cooperation With DHS Detainers.--A State, or a 
political subdivision of a State, that has in effect a statute or 
policy or practice providing that it not comply with any Department of 
Homeland Security detainer ordering that it temporarily hold an alien 
in their custody so that the alien may be taken into Federal custody, 
or transport the alien for transfer to Federal custody, shall not be 
eligible to receive--
            (1) 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
            (2) any other law enforcement or Department grant.
    (c) Immunity.--A State or a political subdivision of a State acting 
in compliance with a Department of Homeland Security detainer who 
temporarily holds aliens in its custody so that they may be taken into 
Federal custody, or transports the aliens for transfer to Federal 
custody, shall be considered to be acting under color of Federal 
authority for purposes of determining its liability, and immunity from 
suit, in civil actions brought by the aliens under Federal or State 
law.
    (d) Probable Cause.--It is the sense of Congress that the 
Department has probable cause to believe that an alien is inadmissible 
or deportable when it issues a detainer regarding such alien under the 
standards in place on the date of introduction of this Act.
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