I 

118TH CONGRESS 

1ST SESSION H. R. 998 

To amend section 287(g) of the Immigration and Nationality Act to clarify 

congressional intent with respect to agreements under such section, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2023 

Mr. CLOUD (for himself, Mr. LAMBORN, and Mr. WEBER of Texas) introduced 

the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend section 287(g) of the Immigration and Nationality 

Act to clarify congressional intent with respect to agreements under such section, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘287(g) Program Pro5 tection Act’’. 

6 SEC. 2. CLARIFICATION OF CONGRESSIONAL INTENT. 

7 Section 287(g) of the Immigration and Nationality 

8 Act (8 U.S.C. 1357(g)) is amended— 


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1 (1) in paragraph (1), by striking ‘‘the Attorney 

2 General may enter’’ and all that follows through the 

3 period at the end and inserting the following: ‘‘the 

4 Secretary of Homeland Security shall enter into a 

5 written agreement with a State, or any political sub6 division of a State, upon request of the State or po7 litical subdivision, pursuant to which law enforce8 ment officers of the State or subdivision, who are 

9 determined by the Secretary to be qualified to per10 form a function of an immigration officer in relation 

11 to the investigation, apprehension, or detention of 

12 aliens in the United States (including the transpor13 tation of such aliens across State lines to detention 

14 centers), may carry out such function at the expense 

15 of the State or political subdivision. No request from 

16 a bona fide State or political subdivision or bona fide 

17 law enforcement agency shall be denied absent a 

18 compelling reason, and the Secretary shall notify the 

19 Congress and publish in the Federal Register an ex20 planation for those reasons at least 180 days in ad21 vance of making final the denial. No limit on the 

22 number of agreements under this subsection may be 

23 imposed. The Secretary shall process requests for 

24 such agreements with all due haste, and in no case 

25 shall more than 90 days elapse from the date the reVerDate Sep 11 2014 05:55 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H998.IH H998

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1 quest is made until the agreement is consummated. 

2 For purposes of this subsection, any reference to a 

3 political subdivision shall be construed to include any 

4 law enforcement or corrections agency of the polit5 ical subdivision.’’; 

6 (2) by striking ‘‘Attorney General’’ each place 

7 such term appears and inserting ‘‘Secretary’’; 

8 (3) by redesignating paragraphs (2) through 

9 (10) as paragraphs (5) through (13), respectively; 

10 (4) by inserting after paragraph (1) the fol11 lowing: 

12 ‘‘(2) An agreement under this subsection shall 

13 accommodate a requesting State or political subdivi14 sion with respect to the enforcement model or com15 bination of models, and shall accommodate a patrol 

16 model, task force model, jail model, any combination 

17 thereof, or any other reasonable model the State or 

18 political subdivision believes is best suited to the im19 migration enforcement needs of its jurisdiction. 

20 ‘‘(3) No Federal program or technology directed 

21 broadly at identifying inadmissible or deportable 

22 aliens shall substitute for such agreements, including 

23 those establishing a jail model, and shall operate in 

24 addition to any agreement under this subsection. 


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1 ‘‘(4)(A) No agreement under this subsection 

2 may be terminated absent a compelling reason. 

3 ‘‘(B)(i) The Secretary shall provide a State or 

4 political subdivision written notice of intent to termi5 nate at least 180 days prior to date of intended ter6 mination, and the notice shall fully explain the 

7 grounds for termination, along with providing evi8 dence substantiating the Secretary’s allegations. 

9 ‘‘(ii) In order to determine whether the require10 ments of this paragraph have been satisfied, the 

11 State or political subdivision shall have the right— 

12 ‘‘(I) to appeal the decision of the Secretary 

13 to an administrative law judge for a hearing 

14 and decision; or 

15 ‘‘(II) to bring a civil action in an appro16 priate court of jurisdiction. 

17 ‘‘(C) The agreement shall remain in full effect 

18 during the course of any and all legal proceedings.’’; 

19 and 

20 (5) in paragraph (6) (as redesignated), by add21 ing at the end the following: ‘‘The Secretary of 

22 Homeland Security shall implement uniform training 

23 requirements for law enforcement officers who are, 

24 or will be, performing a function of an immigration 

25 officer under this subsection. The training requireVerDate Sep 11 2014 05:55 Mar 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H998.IH H998

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1 ments shall align with Federal Law Enforcement 

2 Training Center standards for training under this 

3 subsection (as in effect of the date of the enactment 

4 of this sentence).’’. 

5 SEC. 3. FUNDING. 

6 Section 286(r) of the Immigration and National Act 

7 (8 U.S.C. 1356(r)) is amended— 

8 (1) in the subsection heading, by striking 

9 ‘‘BREACHED BOND/DETENTION FUND’’ and insert10 ing ‘‘BREACHED BOND/DETENTION/287(g) FUND’’; 

11 (2) by striking ‘‘Attorney General’’ each place 

12 such term appears and inserting ‘‘Secretary of 

13 Homeland Security’’; 

14 (3) in paragraph (1), by striking ‘‘Breached 

15 Bond/Detention’’ and inserting ‘‘Breached Bond/De16 tention/287(g)’’; 

17 (4) in paragraph (2), by striking ‘‘Department 

18 of Justice’’ and inserting ‘‘Department of Homeland 

19 Security’’; and 

20 (5) in paragraph (3)— 

21 (A) in clause (i), by striking ‘‘, and’’ at the 

22 end and inserting a semicolon; 

23 (B) in clause (ii), by striking the period at 

24 the end and inserting ‘‘; and’’; and 

25 (C) by adding at the end the following: 


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1 ‘‘(iv) for expenses associated with admin2 istering section 287(g).’’. 

3 SEC. 4. REQUIREMENTS ON SECRETARY. 

4 (a) ANNUAL PERFORMANCE REPORT.—Not later 

5 than December 31 of the first fiscal year that begins after 

6 the date of the enactment of this Act, and not later than 

7 December 31 of each year thereafter, the Secretary of 

8 Homeland Security shall publish an annual performance 

9 report on the program under section 287(g) of the Immi10 gration and Nationality Act (8 U.S.C. 1357(g)) that in11 cludes at least the following information: 

12 (1) The number of aliens apprehended and 

13 screened by law enforcement through the program. 

14 (2) The number of aliens removed from the 

15 United States as a result of the program. 

16 (3) The number of aliens described in para17 graph (1) who were not removed and an explanation 

18 for why they were not removed. 

19 (4) The methods being used to conduct over20 sight of each law enforcement agency participating 

21 under the program. 

22 (5) The number of law enforcement agencies in 

23 compliance with the program’s training require24 ments. 


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1 (6) The number of complaints filed against law 

2 enforcement agencies claiming they did not comply 

3 their written agreement entered into under such sec4 tion. 

5 (7) The number of law enforcement agencies 

6 that had such written agreement terminated. 

7 (8) The reasons for such termination. 

8 (b) ANNUAL RECRUITMENT PLAN.—Not later than 

9 December 31 of the first fiscal year that begins after the 

10 date of the enactment of this Act, and not later than De11 cember 31 of each year thereafter, the Secretary of Home12 land Security shall publish an annual recruitment plan 

13 with respect to the program under section 287(g) of the 

14 Immigration and Nationality Act (8 U.S.C. 1357(g)) that 

15 includes at least the following information: 

16 (1) Annual goals for the next five years for re17 cruitment of new States and political subdivisions of 

18 States to participate in the program. 

19 (2) The number of new States and political sub20 divisions of States participating in the program each 

21 year. 

22 (3) A description of the outreach to States and 

23 political subdivisions of States conducted for the 

24 program and the other methods used to achieve re25 cruitment goals. 


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1 (4) The number of requests for agreements re2 ceived, approved, denied, and pending approval. 

3 (c) RULEMAKING.—Not later than 180 days after the 

4 date of the enactment of this Act, the Secretary of Home5 land Security shall publish a notice of rulemaking with 

6 respect to the training requirements under section 

7 287(g)(6) of the Immigration and Nationality Act (8 

8 U.S.C. 1357(g)(6)), as added by section 2(5). 

Æ 


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