Immigration Transparency and Transit Notification Act of 2022
This bill requires notifications to certain officials before an unaccompanied alien child or a non-U.S. national (alien under federal law) without lawful immigration status may be placed in or transported to a state or local jurisdiction. The bill also authorizes the office of the governor of the relevant state to prohibit the placement or transportation.
At least seven calendar days before taking such an action, the Department of Homeland Security (DHS) or the Department of Health and Human Services (HHS) must notify (1) the relevant state governor's office, (2) the state attorney general's office, (3) the county or municipal government, (4) local law enforcement, and (5) federal and state legislators representing the relevant jurisdiction.
The action may not take place if the state governor's office objects no later than three calendar days after receiving the notification. This authority to object shall not apply if the action is to place an unaccompanied child with, or transport the child to, a family member.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6592 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6592
To require the Secretary of Homeland Security and the Secretary of
Health and Human Services to notify the relevant Federal, State, and
local officials of a jurisdiction before placing a covered alien in
such jurisdiction, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2022
Mr. Meuser (for himself, Mr. Babin, Mr. Barr, Mr. Bilirakis, Mr.
Burchett, Mr. Burgess, Mr. Cline, Mr. Davidson, Mr. Duncan, Mrs. Miller
of Illinois, Mr. Harris, Mr. Hern, Mr. Issa, Mr. Johnson of Louisiana,
Mr. Keller, Mr. Kelly of Pennsylvania, Mr. Lamborn, Ms. Malliotakis,
Mr. Mann, Mr. McKinley, Mr. Moore of Alabama, Mr. Perry, Mr. Jackson,
Mr. Reschenthaler, Mr. Rose, Mr. Thompson of Pennsylvania, Mr. Tiffany,
Mr. Timmons, Ms. Van Duyne, Mr. Wilson of South Carolina, Ms. Stefanik,
Mr. Pfluger, and Mr. Crenshaw) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security and the Secretary of
Health and Human Services to notify the relevant Federal, State, and
local officials of a jurisdiction before placing a covered alien in
such jurisdiction, 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 ``Immigration Transparency and Transit
Notification Act of 2022''.
SEC. 2. STATE INVOLVEMENT IN THE PLACEMENT OF COVERED ALIENS.
(a) Notification Required.--
(1) In general.--The Secretary of Homeland Security or the
Secretary of Health and Human Services, as applicable, shall
notify the relevant Federal, State, and local officials of a
jurisdiction at least 7 calendar days before--
(A) transporting a covered alien to such
jurisdiction by airplane, motor vehicle, or other means
for disembarkment (even if such transporting or related
processing is carried out on behalf of the Federal
Government by a private entity); or
(B) placing a covered alien in such jurisdiction.
(2) Contents.--In the case of a notification under
paragraph (1) to the Governor of a State, the Secretary of
Homeland Security or the Secretary of Health and Human
Services, as applicable, shall supplement the notification, for
each covered alien, to include the following:
(A) Name.
(B) Date of birth.
(C) Verification of the covered alien's country of
nationality, consisting of--
(i) a copy of a government-issued identity
document of the covered alien from that
country; or
(ii) if the covered alien does not have
such a document, other such verification.
(D) Any biometrics collected from the covered
alien.
(E) Proof of completion of any required background
check, the results of any background check, and any
criminal history information, if applicable.
(F) Final destination.
(G) Sponsor information, if applicable, including
the sponsor's name, date of birth, immigration status,
and address.
(b) Opportunity for Governor To Object.--
(1) Objection.--Not later than 3 calendar days after
receiving a notification under subsection (a), the Governor of
a State in which a covered alien is proposed to be placed or
transported for disembarkment may submit to the Secretary of
Homeland Security or the Secretary of Health and Human
Services, as applicable, a written objection to the proposed
placement or disembarkment in that State.
(2) Alternate placement required.--In the case that the
Governor of a State objects to the placement or disembarkment
of a covered alien in that State under paragraph (1), the
Secretary of Homeland Security and the Secretary of Health and
Human Services may not place or transport for disembarkment the
covered alien in that State.
(3) Exception.--Paragraph (2) does not apply in the case of
placement of an unaccompanied alien child with, or transport of
an unaccompanied alien child to, a family member in accordance
with section 235 of the William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 (8 U.S.C. 1232).
(c) Definitions.--In this section:
(1) The term ``unaccompanied alien child'' has the meaning
given to such term in section 462 of the Homeland Security Act
of 2002 (6 U.S.C. 279).
(2) The term ``covered alien'' means--
(A) an unaccompanied alien child; or
(B) an alien without lawful immigration status.
(3) The term ``disembarkment'' excludes disembarking at an
airport for transfer to another airplane at that airport unless
the final destination is in the same State as the transfer
airport.
(4) The term ``family member'' means an individual
described in any of subparagraphs (1) through (4) of section
410.301 of title 45, Code of Federal Regulations (as in effect
on the date of enactment of this Act).
(5) The terms ``place'' and ``placement'' include placing a
covered alien on a temporary basis in juvenile or other
housing.
(6) The term ``relevant Federal, State, and local
officials'' means, with respect to a jurisdiction referred to
in subsection (a), the following officials:
(A) The Governor of the State.
(B) The Attorney General of the State.
(C) The head of any county or municipal government
that includes such jurisdiction.
(D) The head or heads of local law enforcement in
such jurisdiction.
(E) Federal and State legislators elected to
represent a State or district including such
jurisdiction.
SEC. 3. QUARTERLY REPORTS TO CONGRESS.
Not less than quarterly each year, the Secretary of Homeland
Security and the Secretary of Health and Human Services shall each
submit to the Chair and ranking member of each of the Committee on
Homeland Security and the Committee on the Judiciary of the House of
Representatives, and the Chair and ranking member of each of the
Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate, a report--
(1) including--
(A) the notifications made by the respective
Secretary pursuant to subsection (a)(1); and
(B) any objections received by the respective
Secretary under subsection (b)(1); and
(2) identifying--
(A) each private entity that pays all or part of
the costs of, or otherwise assists with, any Federal
transport by the respective Secretary's department of a
covered alien (as defined in section 2) between
jurisdictions; and
(B) the amount and source of any Federal funding
used to pay for such transport.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration and Citizenship.
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