II 

117TH CONGRESS 

1ST SESSION S. 60 

To provide for the effective use of immigration detainers to enhance public 

safety. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 27, 2021 

Mr. TILLIS (for himself, Mr. GRASSLEY, Ms. ERNST, Mr. INHOFE, Mr. 

ROUNDS, Mr. MORAN, Mr. HAWLEY, and Mr. DAINES) introduced the 

following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To provide for the effective use of immigration detainers 

to enhance public safety. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Immigration Detainer Enforcement Act of 2021’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Sense of Congress. 

Sec. 3. Purpose. 

Sec. 4. Immigration detainer authorities of the Department of Homeland Security. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 60 IS

Sec. 5. Effective coordination with State, tribal, and local law enforcement 

agencies. 

Sec. 6. Compensating States for detaining criminal aliens. 

Sec. 7. Priority for distributing Federal funding and property to State and local 

law enforcement. 

1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) the removal of criminal aliens promotes 

4 public safety, national security, border security, and 

5 the integrity of the immigration system; 

6 (2) detainers have proven to be a useful law en7 forcement tool that serve to expedite and improve 

8 the efficiency of the removal process by enabling the 

9 Department of Homeland Security to assume cus10 tody in a timely manner of aliens in the custody of 

11 Federal, State, tribal, or local law enforcement agen12 cies; and 

13 (3) several States and localities have limited 

14 their cooperation with immigration detainers issued 

15 by the Department of Homeland Security and lim16 ited the Department of Homeland Security’s access 

17 to information regarding the release of criminal 

18 aliens in their custody, which has resulted in the re19 lease of dangerous criminal aliens into local commu20 nities. 

21 SEC. 3. PURPOSE. 

22 The purposes of this Act are— 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 60 IS

1 (1) to limit recidivist criminal activity through 

2 the removal of criminal aliens released from Federal, 

3 State, tribal, or local custody; 

4 (2) to facilitate cooperation between Federal, 

5 State, tribal, and local law enforcement agencies 

6 with regard to immigration enforcement and infor7 mation sharing; and 

8 (3) to limit the burden on Federal, State, tribal, 

9 and local law enforcement agencies that cooperate 

10 with the Department of Homeland Security in its 

11 prioritized immigration enforcement. 

12 SEC. 4. IMMIGRATION DETAINER AUTHORITIES OF THE DE13 PARTMENT OF HOMELAND SECURITY. 

14 Section 287 of the Immigration and Nationality Act 

15 (8 U.S.C. 1357) is amended— 

16 (1) in subsection (a)— 

17 (A) in the matter preceding paragraph (1), 

18 by striking ‘‘the Service authorized under regu19 lations prescribed by the Attorney General’’ and 

20 inserting ‘‘the Department of Homeland Secu21 rity authorized under regulations prescribed by 

22 the Secretary of Homeland Security’’; 

23 (B) by inserting ‘‘or her’’ after ‘‘his’’ each 

24 place such term appears; 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 60 IS

1 (C) in paragraph (2), by striking ‘‘and is 

2 likely to escape before a warrant can be ob3 tained for his arrest’’; and 

4 (D) in the undesignated matter following 

5 paragraph (5)— 

6 (i) by striking ‘‘Attorney General’’ 

7 each place such term appears and inserting 

8 ‘‘Secretary of Homeland Security’’; and 

9 (ii) by striking ‘‘Service’’ each place 

10 such term appears and inserting ‘‘Depart11 ment of Homeland Security’’; and 

12 (2) by amending subsection (d) to read as fol13 lows: 

14 ‘‘(d) DETAINER OF CRIMINAL ALIENS.— 

15 ‘‘(1) IN GENERAL.—If an individual is arrested 

16 by a Federal, State, tribal, or local law enforcement 

17 official for a violation of any criminal law, the Sec18 retary of Homeland Security (or his or her designee) 

19 may issue a detainer to the arresting agency if there 

20 is reason to believe the individual is an alien who 

21 may be removable from the United States. Notwith22 standing any other provision of law, no court shall 

23 have jurisdiction to review the discretionary decision 

24 or action by the Secretary of Homeland Security (or 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 60 IS

1 his or her designee) to issue a detainer under this 

2 paragraph. 

3 ‘‘(2) TRANSFER OF CUSTODY.—Upon the 

4 issuance of a detainer by the Secretary of Homeland 

5 Security (or his or her designee) with respect to an 

6 alien described in paragraph (1), the arresting Fed7 eral, State, tribal, or local law enforcement agency 

8 is authorized to maintain custody of the alien for a 

9 period not to exceed 48 hours in order to transfer 

10 custody of the alien to the Department of Homeland 

11 Security. 

12 ‘‘(3) INDEMNIFICATION.— 

13 ‘‘(A) IN GENERAL.—Under such regula14 tions as the Secretary of Homeland Security 

15 shall prescribe, the Secretary (or his or her des16 ignee) may enter into agreements with State, 

17 tribal, and local law enforcement agencies to in18 demnify such agencies against claims (including 

19 reasonable expenses of litigation or settlement) 

20 by third parties for wrongful detention resulting 

21 from detainers issued without reason to believe 

22 that the individual is an alien who may be re23 movable from the United States. 

24 ‘‘(B) LIMITATION.—Indemnification under 

25 subparagraph (A) does not extend to claims reVerDate Sep 11 2014 21:53 Feb 06, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S60.IS S60

kjohnson on DSK79L0C42PROD with BILLS
6 

•S 60 IS

1 lating to the negligence or willful misconduct of 

2 a Federal, State, tribal, or local law enforce3 ment agency or the conditions of detention in 

4 the facility used by such agency to detain the 

5 individual subject to the detainer. 

6 ‘‘(C) ADDITIONAL CONDITIONS.—Each in7 demnification agreement entered into pursuant 

8 to subparagraph (A) shall— 

9 ‘‘(i) require the State, tribal, or local 

10 law enforcement agency to notify the 

11 United States Government of any suit or 

12 claim against such agency for wrongful de13 tention; 

14 ‘‘(ii) authorize the United States Gov15 ernment, at its elections, to control or as16 sist in the defense of such suit or claim; 

17 and 

18 ‘‘(iii) limit the amount of indemnifica19 tion to a sum certified by the Secretary (or 

20 his or her designee) that is just and rea21 sonable.’’. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 60 IS

1 SEC. 5. EFFECTIVE COORDINATION WITH STATE, TRIBAL, 

2 AND LOCAL LAW ENFORCEMENT AGENCIES. 

3 (a) IN GENERAL.—Section 642 of the Illegal Immi4 gration Reform and Immigrant Responsibility Act of 1996 

5 (8 U.S.C. 1373) is amended to read as follows: 

6 ‘‘SEC. 642. COMMUNICATION AND COOPERATION BETWEEN 

7 GOVERNMENT AGENCIES AND THE DEPART8 MENT OF HOMELAND SECURITY. 

9 ‘‘(a) IN GENERAL.—Notwithstanding any other pro10 vision of Federal, State, tribal, or local law, a Federal, 

11 State, tribal, or local government entity or official may 

12 not prohibit, or restrict in any way, any government entity 

13 or official from sending to, or receiving from, the Depart14 ment of Homeland Security information regarding the citi15 zenship or immigration status (lawful or unlawful) of any 

16 individual. 

17 ‘‘(b) ADDITIONAL AUTHORITY OF GOVERNMENT EN18 TITIES.—Notwithstanding any other provision of Federal, 

19 State, tribal, or local law, no person or agency may pro20 hibit, or restrict in any way, a Federal, State, tribal, or 

21 local government entity from— 

22 ‘‘(1) sending information regarding the citizen23 ship or immigration status (lawful or unlawful) of 

24 any individual to, or requesting or receiving such in25 formation from, the Department of Homeland Secu26 rity; 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 60 IS

1 ‘‘(2) exchanging citizenship or immigration sta2 tus information described in paragraph (1) with any 

3 other Federal, State, tribal, or local government en4 tity; 

5 ‘‘(3) providing the Department of Homeland 

6 Security with access to information in Federal, 

7 State, tribal, or local government databases regard8 ing individuals with respect to whom a detainer has 

9 been issued, including when such individuals will be 

10 released from criminal custody; or 

11 ‘‘(4) maintaining custody of an individual pur12 suant to section 287(d)(2) of the Immigration and 

13 Nationality Act (8 U.S.C. 1357(d)(2)). 

14 ‘‘(c) OBLIGATION TO RESPOND TO INQUIRIES.—The 

15 Secretary of Homeland Security shall respond to an in16 quiry by a Federal, State, tribal, or local government 

17 agency that seeks to verify or ascertain the citizenship or 

18 immigration status of any individual within the jurisdic19 tion of the agency for any purpose authorized by law, by 

20 providing the requested verification or status informa21 tion.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 for the Illegal Immigration Reform and Immigrant Re24 sponsibility Act of 1996 (division C of Public Law 104– 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 60 IS

1 208; 8 U.S.C. 1101 note) is amended by amending the 

2 item relating to 642 to read as follows: 

‘‘Sec. 642. Communication and cooperation between government agencies and 

the Department of Homeland Security.’’. 

3 SEC. 6. COMPENSATING STATES FOR DETAINING CRIMINAL 

4 ALIENS. 

5 Section 241(i) of the Immigration and Nationality 

6 Act (8 U.S.C. 1231(i)) is amended to read as follows: 

7 ‘‘(i) INCARCERATION OR DETENTION.— 

8 ‘‘(1) DEFINED TERM.—In this subsection, the 

9 term ‘undocumented criminal alien’ means an alien 

10 who— 

11 ‘‘(A) has been convicted of a felony or of 

12 two or more misdemeanors; and 

13 ‘‘(B)(i) entered the United States without 

14 inspection or at any time or place other than as 

15 designated by the Secretary of Homeland Secu16 rity; 

17 ‘‘(ii) was the subject of exclusion, deporta18 tion, or removal proceedings at the time the 

19 alien was taken into custody by the State or a 

20 political subdivision of the State; or 

21 ‘‘(iii)(I) was admitted as a nonimmigrant; 

22 and 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 60 IS

1 ‘‘(II) at the time the alien was taken into 

2 custody by the State or a political subdivision 

3 of the State— 

4 ‘‘(aa) failed to maintain the non5 immigrant status in which the alien was 

6 admitted or to which it was changed under 

7 section 248; or 

8 ‘‘(bb) failed to comply with the condi9 tions of any such status. 

10 ‘‘(2) IN GENERAL.—If the governor of a State 

11 (or, if appropriate, the chief executive officer of a 

12 political subdivision of the State), exercising author13 ity with respect to the incarceration or detention of 

14 an undocumented criminal alien, submits a written 

15 request to the Attorney General, the Attorney Gen16 eral may— 

17 ‘‘(A) enter into a contractual arrangement 

18 providing for compensation to the State or a 

19 political subdivision of the State, as may be ap20 propriate, with respect to the incarceration or 

21 detention of the undocumented criminal alien; 

22 or 

23 ‘‘(B) take the undocumented criminal alien 

24 into the custody of the Federal Government and 

25 incarcerate or detain the alien. 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 60 IS

1 ‘‘(3) DETENTION SECURITY.—In carrying out 

2 paragraph (2), the Attorney General shall— 

3 ‘‘(A) give priority to the Federal incarcer4 ation of undocumented criminal aliens who have 

5 committed aggravated felonies; and 

6 ‘‘(B) ensure that undocumented criminal 

7 aliens incarcerated or detained in Federal facili8 ties pursuant to this subsection are held in fa9 cilities that provide a level of security appro10 priate to the crimes for which they were 

11 charged or convicted. 

12 ‘‘(4) AMOUNT OF COMPENSATION.— 

13 ‘‘(A) IN GENERAL.—Compensation pro14 vided for each day an undocumented criminal 

15 alien is detained by a State or a political sub16 division of a State pursuant to a contract under 

17 paragraph (2)(A) shall be equal to the average 

18 daily cost of incarceration or detention of a 

19 prisoner in the relevant State, as determined by 

20 the Attorney General. 

21 ‘‘(B) CERTIFICATION REQUIREMENT.— 

22 ‘‘(i) IN GENERAL.—The Secretary of 

23 Homeland Security shall— 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 60 IS

1 ‘‘(I) promulgate regulations es2 tablishing detainer compliance cri3 teria; and 

4 ‘‘(II) periodically submit a certifi5 cation to the Attorney General that 

6 identifies which States and political 

7 subdivisions of a State have not com8 plied with detainer requests received 

9 from the Department of Homeland 

10 Security. 

11 ‘‘(ii) FUNDING LIMITATION.—Funds 

12 may only be provided to States and polit13 ical subdivisions of States under this sub14 section that— 

15 ‘‘(I) are not identified in a cer16 tification described in clause (i)(II); 

17 and 

18 ‘‘(II) are cooperating with the 

19 Secretary with respect to each de20 tainer lodged against an individual in 

21 the custody of the State or political 

22 subdivision of the State in accordance 

23 with section 287(d) and the regula24 tions promulgated pursuant to clause 

25 (i)(I). 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 60 IS

1 ‘‘(C) EFFECT OF NONCOMPLIANCE.—Any 

2 State or political subdivision of a State that 

3 fails to substantially comply with detainers 

4 issued by the Department of Homeland Secu5 rity shall be ineligible for any funding under 

6 this subsection during the fiscal year in which 

7 such failure occurs. 

8 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(A) IN GENERAL.—There are authorized 

10 to be appropriated to carry out this sub11 section— 

12 ‘‘(i) $750,000,000 for fiscal year 

13 2021; 

14 ‘‘(ii) $850,000,000 for fiscal year 

15 2022; and 

16 ‘‘(iii) $950,000,000 for each of the 

17 fiscal years 2023 through 2027. 

18 ‘‘(B) LIMITATION.—Amounts appropriated 

19 pursuant to subparagraph (A) that are distrib20 uted to a State or a political subdivision of a 

21 State may only be used for correctional pur22 poses.’’. 


kjohnson on DSK79L0C42PROD with BILLS
14 

•S 60 IS

1 SEC. 7. PRIORITY FOR DISTRIBUTING FEDERAL FUNDING 

2 AND PROPERTY TO STATE AND LOCAL LAW 

3 ENFORCEMENT. 

4 (a) ANNUAL CERTIFICATION.—The Secretary of 

5 Homeland Security shall annually submit a written certifi6 cation to the Attorney General that identifies the States 

7 and units of local government that are not complying with 

8 detainers issued pursuant to section 287(d) of the Immi9 gration and Nationality Act (8 U.S.C. 1357(d)). 

10 (b) PRIORITY FOR COMPLIANT JURISDICTIONS.—The 

11 Attorney General shall give priority to the jurisdictions 

12 that are not listed in the certification described in sub13 section (a) when selecting recipients of— 

14 (1) funding from the Edward Byrne Memorial 

15 Justice Assistance Grant Program authorized under 

16 title I of the Omnibus Crime Control and Safe 

17 Streets Act of 1968 (34 U.S.C. 10151 et seq.); 

18 (2) excess Federal equipment purchased pursu19 ant to section 281 of title 10, United States Code 

20 (commonly referred to as the 1122 Program); and 

21 (3) excess Federal property transferred pursu22 ant to section 2576a of title 10, United States Code 

23 (commonly referred to as the 1033 Program). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS