I 

118TH CONGRESS 

2D SESSION H. R. 7343 

To amend the Immigration and Nationality Act to provide for the detention 

of certain aliens who commit assault against law enforcement officers. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 13, 2024 

Mr. VAN DREW introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Illegal Aliens Who Assault Cops Act’’. 

6 SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT AS7 SAULT AGAINST LAW ENFORCEMENT OFFI8 CERS. 

9 Section 236(c) of the Immigration and Nationality 

10 Act (8 U.S.C. 1226(c)) is amended— 


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1 (1) in paragraph (1)— 

2 (A) in the matter preceding subparagraph 

3 (A), by striking ‘‘Attorney General’’ and insert4 ing ‘‘Secretary of Homeland Security’’; 

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

6 or’’ and inserting a comma; 

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

8 at the end; and 

9 (D) by inserting after subparagraph (D) 

10 the following: 

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

12 212(a)(6)(A) or (C) or under section 212(a)(7); 

13 and 

14 ‘‘(ii) is charged with, arrested for, con15 victed of, admits having committed, or admits 

16 committing acts which constitute the essential 

17 elements of any offense involving assault of a 

18 law enforcement officer,’’; 

19 (2) by redesignating paragraph (2) as para20 graph (4); and 

21 (3) by inserting after paragraph (1) the fol22 lowing: 

23 ‘‘(2) CIRCUMSTANCES.— 


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1 ‘‘(A) IN GENERAL.—The circumstances re2 ferred to in paragraph (1)(E) are that the law 

3 enforcement officer was assaulted— 

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

5 the performance of his or her official du6 ties; 

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

8 or her official duties; or 

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

10 a law enforcement officer. 

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

12 paragraph (1)(E)— 

13 ‘‘(i) the term ‘assault’ has the mean14 ing given that term in the jurisdiction 

15 where the acts occurred; and 

16 ‘‘(ii) the term ‘law enforcement offi17 cer’ is a person authorized by law— 

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

19 prevention, detention, investigation, or 

20 prosecution, or the incarceration of 

21 any person for any criminal violation 

22 of law; 

23 ‘‘(II) to apprehend, arrest, or 

24 prosecute an individual for any crimi25 nal violation of law; or 


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

2 first responder. 

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

4 Security shall issue a detainer for an alien described 

5 in paragraph (1)(E) and, if the alien is not other6 wise detained by Federal, State, or local officials, 

7 shall effectively and expeditiously take custody of the 

8 alien.’’. 

Æ 


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