I 

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. 

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 ‘‘Standing Up to the 

5 Executive branch for Immigration Enforcement Act’’ or 

6 the ‘‘SUE for Immigration Enforcement Act’’. 


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1 SEC. 2. ENFORCEMENT BY ATTORNEY GENERAL OF A 

2 STATE. 

3 (a) INSPECTION OF APPLICANTS FOR ADMISSION.— 

4 Section 235(b) of the Immigration and Nationality Act (8 

5 U.S.C. 1225(b)) is amended— 

6 (1) by redesignating paragraph (3) as para7 graph (4); and 

8 (2) by inserting after paragraph (2) the fol9 lowing: 

10 ‘‘(3) ENFORCEMENT BY ATTORNEY GENERAL

11 OF A STATE.—The attorney general of a State, or 

12 other authorized State officer, alleging a violation of 

13 the detention and removal requirements under para14 graph (1) or (2) that harms such State or its resi15 dents shall have standing to bring an action against 

16 the Secretary of Homeland Security on behalf of 

17 such State or the residents of such State in an ap18 propriate district court of the United States to ob19 tain appropriate injunctive relief. The court shall ad20 vance on the docket and expedite the disposition of 

21 a civil action filed under this paragraph to the great22 est extent practicable. For purposes of this para23 graph, a State or its residents shall be considered to 

24 have been harmed if the State or its residents expe25 rience harm, including financial harm in excess of 

26 $100.’’. 


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1 (b) APPREHENSION AND DETENTION OF ALIENS.— 

2 Section 236 of the Immigration and Nationality Act (8 

3 U.S.C. 1226) is amended— 

4 (1) in subsection (e)— 

5 (A) by striking ‘‘or release’’; and 

6 (B) by striking ‘‘grant, revocation, or de7 nial’’ and insert ‘‘revocation or denial’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(f) ENFORCEMENT BY ATTORNEY GENERAL OF A

10 STATE.—The attorney general of a State, or other author11 ized State officer, alleging that an action or decision by 

12 the Attorney General or Secretary of Homeland Security 

13 under this section to release any alien or grant bond or 

14 parole to any alien that harms such State or its residents 

15 shall have standing to bring an action against the Attor16 ney General or Secretary of Homeland Security on behalf 

17 of such State or the residents of such State in an appro18 priate district court of the United States to obtain appro19 priate injunctive relief. The court shall advance on the 

20 docket and expedite the disposition of a civil action filed 

21 under this subsection to the greatest extent practicable. 

22 For purposes of this subsection, a State or its residents 

23 shall be considered to have been harmed if the State or 

24 its residents experience harm, including financial harm in 

25 excess of $100.’’. 


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1 (c) PENALTIES.—Section 243 of the Immigration 

2 and Nationality Act (8 U.S.C. 1253) is amended by add3 ing at the end the following: 

4 ‘‘(e) ENFORCEMENT BY ATTORNEY GENERAL OF A

5 STATE.—The attorney general of a State, or other author6 ized State officer, alleging a violation of the requirement 

7 to discontinue granting visas to citizens, subjects, nation8 als, and residents as described in subsection (d) that 

9 harms such State or its residents shall have standing to 

10 bring an action against the Secretary of State on behalf 

11 of such State or the residents of such State in an appro12 priate district court of the United States to obtain appro13 priate injunctive relief. The court shall advance on the 

14 docket and expedite the disposition of a civil action filed 

15 under this subsection to the greatest extent practicable. 

16 For purposes of this subsection, a State or its residents 

17 shall be considered to have been harmed if the State or 

18 its residents experience harm, including financial harm in 

19 excess of $100.’’. 

20 (d) CERTAIN CLASSES OF ALIENS.—Section 

21 212(d)(5) of the Immigration and Nationality Act (8 

22 U.S.C. 1182(d)(5)) is amended— 

23 (1) by striking ‘‘Attorney General’’ each place 

24 it appears and inserting ‘‘Secretary of Homeland Se25 curity’’; and 


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1 (2) by adding at the end the following: 

2 ‘‘(C) The attorney general of a State, or other au3 thorized State officer, alleging a violation of the limitation 

4 under subparagraph (A) that parole solely be granted on 

5 a case-by-case basis and solely for urgent humanitarian 

6 reasons or a significant public benefit, that harms such 

7 State or its residents shall have standing to bring an ac8 tion against the Secretary of Homeland Security on behalf 

9 of such State or the residents of such State in an appro10 priate district court of the United States to obtain appro11 priate injunctive relief. The court shall advance on the 

12 docket and expedite the disposition of a civil action filed 

13 under this subparagraph to the greatest extent prac14 ticable. For purposes of this subparagraph, a State or its 

15 residents shall be considered to have been harmed if the 

16 State or its residents experience harm, including financial 

17 harm in excess of $100.’’. 

18 (e) DETENTION.—Section 241(a)(2) of the Immigra19 tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend20 ed— 

21 (1) by striking ‘‘During the removal period,’’ 

22 and inserting the following: 

23 ‘‘(A) IN GENERAL.—During the removal 

24 period,’’; and 

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


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1 ‘‘(B) ENFORCEMENT BY ATTORNEY GEN2 ERAL OF A STATE.—The attorney general of a 

3 State, or other authorized State officer, alleging 

4 a violation of the detention requirement under 

5 subparagraph (A) that harms such State or its 

6 residents shall have standing to bring an action 

7 against the Secretary of Homeland Security on 

8 behalf of such State or the residents of such 

9 State in an appropriate district court of the 

10 United States to obtain appropriate injunctive 

11 relief. The court shall advance on the docket 

12 and expedite the disposition of a civil action 

13 filed under this subparagraph to the greatest 

14 extent practicable. For purposes of this sub15 paragraph, a State or its residents shall be con16 sidered to have been harmed if the State or its 

17 residents experience harm, including financial 

18 harm in excess of $100.’’. 

19 (f) LIMIT ON INJUNCTIVE RELIEF.—Section 242(f) 

20 of the Immigration and Nationality Act (8 U.S.C. 

21 1252(f)) is amended by adding at the end following: 

22 ‘‘(3) CERTAIN ACTIONS.—Paragraph (1) shall 

23 not apply to an action brought pursuant to section 


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1 235(b)(3), subsection (e) or (f) of section 236, or 

2 section 241(a)(2)(B).’’. 

Æ 


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