I 

118TH CONGRESS 

1ST SESSION H. R. 136 

To deny Federal funding to any State or political subdivision of a State 

that has in effect any law, policy, or procedure that prevents or impedes 

a State or local law enforcement official from maintaining custody of 

an alien pursuant to an immigration detainer issued by the Secretary 

of Homeland Security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 9, 2023 

Mr. CALVERT introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To deny Federal funding to any State or political subdivision 

of a State that has in effect any law, policy, or procedure 

that prevents or impedes a State or local law enforcement official from maintaining custody of an alien pursuant to an immigration detainer issued by the Secretary 

of Homeland Security, 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— 

5 (1) ‘‘Help Ensure Legal Detainers Act’’; or 

6 (2) ‘‘HELD Act’’. 


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•HR 136 IH

1 SEC. 2. DENIAL OF FEDERAL FUNDING TO STATES AND 

2 UNITS OF LOCAL GOVERNMENT THAT FAIL 

3 TO RESPOND TO IMMIGRATION DETAINERS. 

4 (a) IN GENERAL.—With respect to fiscal years begin5 ning after the date of the enactment of this Act, no Fed6 eral funds may be used to assist any project or activity 

7 carried out by a State, or a political subdivision of a State, 

8 described in subsection (b). 

9 (b) STATES AND POLITICAL SUBDIVISIONS DE10 SCRIBED.—A State, or political subdivision of a State, de11 scribed in this subsection is any State, or political subdivi12 sion of a State, that has in effect any law, policy, or proce13 dure that prevents or impedes State or local law enforce14 ment officials from— 

15 (1) timely responding to an immigration notice 

16 issued by the Secretary of Homeland Security that 

17 requests information about an alien in State or local 

18 custody, including the alien’s estimated release date, 

19 in order that the Secretary may arrange to assume 

20 custody of the alien upon such release; or 

21 (2) maintaining custody of an alien for a period 

22 of up to 48 hours (excluding Saturdays, Sundays 

23 and holidays) pursuant to an immigration detainer 

24 issued by the Secretary of Homeland Security in 

25 order that the alien can be transferred to the cus26 tody of such Secretary to determine whether the 


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•HR 136 IH

1 alien should be detained, placed in removal pro2 ceedings, released, or removed. 

3 (c) CONSTRUCTION.—A political subdivision of a 

4 State that is not ineligible under subsection (a) to receive 

5 Federal funds, but is part of a State or another unit of 

6 government that is so ineligible, may submit, notwith7 standing any other provision of law, an application for di8 rect receipt of any funds that the political subdivision oth9 erwise only would receive through subgrant, allocation, or 

10 allotment made by the ineligible State or government unit. 

Æ 


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