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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7322 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 7322
To amend the Immigration and Nationality Act with respect to
enforcement by an attorney general of a State.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2024
Mr. Bishop of North Carolina (for himself, Mr. Roy, Mr. Ogles, and Mr.
Tiffany) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act with respect to
enforcement by an attorney general of a State.
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 ``Standing Up to the Executive branch
for Immigration Enforcement Act'' or the ``SUE for Immigration
Enforcement Act''.
SEC. 2. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.
(a) Inspection of Applicants for Admission.--Section 235(b) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Enforcement by attorney general of a state.--The
attorney general of a State, or other authorized State officer,
alleging a violation of the detention and removal requirements
under paragraph (1) or (2) that harms such State or its
residents shall have standing to bring an action against the
Secretary of Homeland Security on behalf of such State or the
residents of such State in an appropriate district court of the
United States to obtain appropriate injunctive relief. The
court shall advance on the docket and expedite the disposition
of a civil action filed under this paragraph to the greatest
extent practicable. For purposes of this paragraph, a State or
its residents shall be considered to have been harmed if the
State or its residents experience harm, including financial
harm in excess of $100.''.
(b) Apprehension and Detention of Aliens.--Section 236 of the
Immigration and Nationality Act (8 U.S.C. 1226) is amended--
(1) in subsection (e)--
(A) by striking ``or release''; and
(B) by striking ``grant, revocation, or denial''
and insert ``revocation or denial''; and
(2) by adding at the end the following:
``(f) Enforcement by Attorney General of a State.--The attorney
general of a State, or other authorized State officer, alleging that an
action or decision by the Attorney General or Secretary of Homeland
Security under this section to release any alien or grant bond or
parole to any alien that harms such State or its residents shall have
standing to bring an action against the Attorney General or Secretary
of Homeland Security on behalf of such State or the residents of such
State in an appropriate district court of the United States to obtain
appropriate injunctive relief. The court shall advance on the docket
and expedite the disposition of a civil action filed under this
subsection to the greatest extent practicable. For purposes of this
subsection, a State or its residents shall be considered to have been
harmed if the State or its residents experience harm, including
financial harm in excess of $100.''.
(c) Penalties.--Section 243 of the Immigration and Nationality Act
(8 U.S.C. 1253) is amended by adding at the end the following:
``(e) Enforcement by Attorney General of a State.--The attorney
general of a State, or other authorized State officer, alleging a
violation of the requirement to discontinue granting visas to citizens,
subjects, nationals, and residents as described in subsection (d) that
harms such State or its residents shall have standing to bring an
action against the Secretary of State on behalf of such State or the
residents of such State in an appropriate district court of the United
States to obtain appropriate injunctive relief. The court shall advance
on the docket and expedite the disposition of a civil action filed
under this subsection to the greatest extent practicable. For purposes
of this subsection, a State or its residents shall be considered to
have been harmed if the State or its residents experience harm,
including financial harm in excess of $100.''.
(d) Certain Classes of Aliens.--Section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(C) The attorney general of a State, or other authorized State
officer, alleging a violation of the limitation under subparagraph (A)
that parole solely be granted on a case-by-case basis and solely for
urgent humanitarian reasons or a significant public benefit, that harms
such State or its residents shall have standing to bring an action
against the Secretary of Homeland Security on behalf of such State or
the residents of such State in an appropriate district court of the
United States to obtain appropriate injunctive relief. The court shall
advance on the docket and expedite the disposition of a civil action
filed under this subparagraph to the greatest extent practicable. For
purposes of this subparagraph, a State or its residents shall be
considered to have been harmed if the State or its residents experience
harm, including financial harm in excess of $100.''.
(e) Detention.--Section 241(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(2)) is amended--
(1) by striking ``During the removal period,'' and
inserting the following:
``(A) In general.--During the removal period,'';
and
(2) by adding at the end the following:
``(B) Enforcement by attorney general of a state.--
The attorney general of a State, or other authorized
State officer, alleging a violation of the detention
requirement under subparagraph (A) that harms such
State or its residents shall have standing to bring an
action against the Secretary of Homeland Security on
behalf of such State or the residents of such State in
an appropriate district court of the United States to
obtain appropriate injunctive relief. The court shall
advance on the docket and expedite the disposition of a
civil action filed under this subparagraph to the
greatest extent practicable. For purposes of this
subparagraph, a State or its residents shall be
considered to have been harmed if the State or its
residents experience harm, including financial harm in
excess of $100.''.
(f) Limit on Injunctive Relief.--Section 242(f) of the Immigration
and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end
following:
``(3) Certain actions.--Paragraph (1) shall not apply to an
action brought pursuant to section 235(b)(3), subsection (e) or
(f) of section 236, or section 241(a)(2)(B).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Committee Consideration and Mark-up Session Held
Ordered to be Reported in the Nature of a Substitute by the Yeas and Nays: 19 - 11.
Reported (Amended) by the Committee on Judiciary. H. Rept. 118-435.
Reported (Amended) by the Committee on Judiciary. H. Rept. 118-435.
Placed on the Union Calendar, Calendar No. 360.
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