IB 

Union Calendar No. 360 

118TH CONGRESS 

2D SESSION H. R. 7322 

[Report No. 118–435] 

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 

APRIL 2, 2024 

Additional sponsors: Ms. HAGEMAN, Mr. BRECHEEN, Mr. GOSAR, Mr. POSEY, 

Mr. HIGGINS of Louisiana, Mr. ROSENDALE, Mr. DAVIDSON, Mrs. 

SPARTZ, Mr. GREEN of Tennessee, and Mr. CRANE

APRIL 2, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 13, 2024] 


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A BILL 

To amend the Immigration and Nationality Act with respect 

to enforcement by an attorney general of a State. 


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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 Ex5 ecutive branch for Immigration Enforcement Act of 2024’’ 

6 or the ‘‘SUE for Immigration Enforcement Act of 2024’’. 

7 SEC. 2. ENFORCEMENT BY ATTORNEY GENERAL OF A 

8 STATE. 

9 (a) INSPECTION OF APPLICANTS FOR ADMISSION.— 

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

11 U.S.C. 1225(b)) is amended— 

12 (1) by redesignating paragraph (3) as para13 graph (4); and 

14 (2) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) ENFORCEMENT BY ATTORNEY GENERAL OF

17 A STATE.—The attorney general of a State, or other 

18 authorized State officer, alleging a violation of the de19 tention and removal requirements under paragraphs 

20 (1) or (2) that harms such State or its residents shall 

21 have standing to bring an action against the Sec22 retary of Homeland Security on behalf of such State 

23 or the residents of such State in an appropriate dis24 trict court of the United States to obtain appropriate 

25 injunctive relief. The court shall advance on the dockVerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H7322.RH H7322

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1 et and expedite the disposition of a civil action filed 

2 under this paragraph to the greatest extent prac3 ticable. For purposes of this paragraph, a State or its 

4 residents shall be considered to have been harmed if 

5 the State or its residents experience harm, including 

6 financial harm in excess of $100.’’. 

7 (b) APPREHENSION AND DETENTION OF ALIENS.— 

8 Section 236 of the Immigration and Nationality Act (8 

9 U.S.C. 1226) is amended— 

10 (1) in subsection (e)— 

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

12 (B) by striking ‘‘grant, revocation, or de13 nial’’ and insert ‘‘revocation or denial’’; and 

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

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

16 STATE.—The attorney general of a State, or other author17 ized State officer, alleging an action or decision by the At18 torney General or Secretary of Homeland Security under 

19 this section to release any alien or grant bond or parole 

20 to any alien that harms such State or its residents shall 

21 have standing to bring an action against the Attorney Gen22 eral or Secretary of Homeland Security on behalf of such 

23 State or the residents of such State in an appropriate dis24 trict court of the United States to obtain appropriate in25 junctive relief. The court shall advance on the docket and 


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1 expedite the disposition of a civil action filed under this 

2 subsection to the greatest extent practicable. For purposes 

3 of this subsection, a State or its residents shall be considered 

4 to have been harmed if the State or its residents experience 

5 harm, including financial harm in excess of $100.’’. 

6 (c) PENALTIES.—Section 243 of the Immigration and 

7 Nationality Act (8 U.S.C. 1253) is amended by adding at 

8 the end the following: 

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

10 STATE.—The attorney general of a State, or other author11 ized State officer, alleging a violation of the requirement 

12 to discontinue granting visas to citizens, subjects, nationals, 

13 and residents as described in subsection (d) that harms such 

14 State or its residents shall have standing to bring an action 

15 against the Secretary of State on behalf of such State or 

16 the residents of such State in an appropriate district court 

17 of the United States to obtain appropriate injunctive relief. 

18 The court shall advance on the docket and expedite the dis19 position of a civil action filed under this subsection to the 

20 greatest extent practicable. For purposes of this subsection, 

21 a State or its residents shall be considered to have been 

22 harmed if the State or its residents experience harm, includ23 ing financial harm in excess of $100.’’. 


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1 (d) CERTAIN CLASSES OF ALIENS.—Section 212(d)(5) 

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

3 1182(d)(5)) is amended— 

4 (1) by striking ‘‘Attorney General’’ each place it 

5 appears and inserting ‘‘Secretary of Homeland Secu6 rity’’; and 

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

8 ‘‘(C) The attorney general of a State, or other author9 ized State officer, alleging a violation of the limitation 

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

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

12 reasons or a significant public benefit, that harms such 

13 State or its residents shall have standing to bring an action 

14 against the Secretary of Homeland Security on behalf of 

15 such State or the residents of such State in an appropriate 

16 district court of the United States to obtain appropriate 

17 injunctive relief. The court shall advance on the docket and 

18 expedite the disposition of a civil action filed under this 

19 subparagraph to the greatest extent practicable. For pur20 poses of this subparagraph, a State or its residents shall 

21 be considered to have been harmed if the State or its resi22 dents experience harm, including financial harm in excess 

23 of $100.’’. 


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1 (e) DETENTION.—Section 241(a)(2) of the Immigra2 tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend3 ed— 

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

5 and inserting the following: 

6 ‘‘(A) IN GENERAL.—During the removal pe7 riod,’’; and 

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

9 ‘‘(B) ENFORCEMENT BY ATTORNEY GEN10 ERAL OF A STATE.—The attorney general of a 

11 State, or other authorized State officer, alleging 

12 a violation of the detention requirement under 

13 subparagraph (A) that harms such State or its 

14 residents shall have standing to bring an action 

15 against the Secretary of Homeland Security on 

16 behalf of such State or the residents of such State 

17 in an appropriate district court of the United 

18 States to obtain appropriate injunctive relief. 

19 The court shall advance on the docket and expe20 dite the disposition of a civil action filed under 

21 this subparagraph to the greatest extent prac22 ticable. For purposes of this subparagraph, a 

23 State or its residents shall be considered to have 

24 been harmed if the State or its residents experiVerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H7322.RH H7322

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1 ence harm, including financial harm in excess of 

2 $100.’’. 

3 (f) LIMIT ON INJUNCTIVE RELIEF.—Section 242(f) of 

4 the Immigration and Nationality Act (8 U.S.C. 1252(f)) 

5 is amended by adding at the end following: 

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

7 not apply to an action brought pursuant to section 

8 235(b)(3), subsections (e) or (f) of section 236, or sec9 tion 241(a)(2)(B).’’. 


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Union Calendar No. 360 

118TH CONGRESS 

2D SESSION H. R. 7322 

[Report No. 118–435] 

A BILL 

To amend the Immigration and Nationality Act 

eral of a State. with respect to enforcement by an attorney genAPRIL 2, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


ssavage on LAPJG3WLY3PROD with BILLS