IIB 

118TH CONGRESS 

2D SESSION H. R. 7343 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2024 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

To amend the Immigration and Nationality Act to provide 

for the detention of certain aliens who commit assault 

against law enforcement officers. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Detain and Deport 

3 Illegal Aliens Who Assault Cops Act’’. 

4 SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT AS5 SAULT AGAINST LAW ENFORCEMENT OFFI6 CERS. 

7 Section 236(c) of the Immigration and Nationality 

8 Act (8 U.S.C. 1226(c)) is amended— 

9 (1) in paragraph (1)— 

10 (A) in the matter preceding subparagraph 

11 (A), by striking ‘‘Attorney General’’ and insert12 ing ‘‘Secretary of Homeland Security’’; 

13 (B) in subparagraph (C), by striking ‘‘, 

14 or’’ and inserting a comma; 

15 (C) in subparagraph (D), by adding ‘‘or’’ 

16 at the end; and 

17 (D) by inserting after subparagraph (D) 

18 the following: 

19 ‘‘(E)(i) is inadmissible under section 

20 212(a)(6)(A) or (C) or under section 212(a)(7); 

21 and 

22 ‘‘(ii) is charged with, is arrested for, is 

23 convicted of, admits having committed, or ad24 mits committing acts which constitute the es25 sential elements of any offense involving assault 

26 of a law enforcement officer,’’; 


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1 (2) by redesignating paragraph (2) as para2 graph (4); and 

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) CIRCUMSTANCES.— 

6 ‘‘(A) IN GENERAL.—The circumstances re7 ferred to in paragraph (1)(E) are that the law 

8 enforcement officer was assaulted— 

9 ‘‘(i) while he or she was engaged in 

10 the performance of his or her official du11 ties; 

12 ‘‘(ii) because of the performance of his 

13 or her official duties; or 

14 ‘‘(iii) because of his or her status as 

15 a law enforcement officer. 

16 ‘‘(B) DEFINITIONS.—For purposes of 

17 paragraph (1)(E)— 

18 ‘‘(i) the term ‘assault’ has the mean19 ing given that term in the jurisdiction 

20 where the acts occurred; and 

21 ‘‘(ii) the term ‘law enforcement offi22 cer’ is a person authorized by law— 

23 ‘‘(I) to engage in or supervise the 

24 prevention, detention, investigation, or 

25 prosecution, or the incarceration of 


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1 any person for any criminal violation 

2 of law; 

3 ‘‘(II) to apprehend, arrest, or 

4 prosecute an individual for any crimi5 nal violation of law; 

6 ‘‘(III) to be a firefighter or other 

7 first responder; or 

8 ‘‘(IV) to be a campus police offi9 cer or a school resource officer. 

10 ‘‘(3) DETAINER.—The Secretary of Homeland 

11 Security shall issue a detainer for an alien described 

12 in paragraph (1)(E) and, if the alien is not other13 wise detained by Federal, State, or local officials, 

14 shall effectively and expeditiously take custody of the 

15 alien. 

16 ‘‘(4) ANNUAL REPORT OF THE SECRETARY OF

17 HOMELAND SECURITY.—The Secretary of Homeland 

18 Security shall on an annual basis report to the Com19 mittee on the Judiciary of the Senate and the Com20 mittee on the Judiciary of the House of Representa21 tives the number of aliens described in paragraph 

22 (1)(E) who were detained in the custody of the De23 partment of Homeland Security in the preceding 

24 year pursuant to such section.’’. 


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1 SEC. 3. GAO STUDY. 

2 Not later than 180 days after the date of enactment 

3 of this Act, the Comptroller General of the United States 

4 shall complete a study and submit a report to Congress 

5 on the number of aliens present in the United States who 

6 are inadmissible under section 212(a)(6)(A) or (C) or 

7 under section 212(a)(7) of the Immigration and Nation8 ality Act who were detained, during the 5 year period pre9 ceding the date of the report, for committing an assault 

10 against a law enforcement officer. 

Passed the House of Representatives May 15, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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