I

104TH CONGRESS

2D SESSION H. R. 3062

To authorize the States to assist the Attorney General in performing functions

under the Immigration and Nationality Act relating to deportation of aliens.

IN THE HOUSE OF REPRESENTATIVES

MARCH 12, 1996

Mr. COX of California (for himself and Mr. DUNCAN) introduced the following

bill; which was referred to the Committee on the Judiciary

A BILL

To authorize the States to assist the Attorney General in

performing functions under the Immigration and Nationality Act relating to deportation of aliens.

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

3 SECTION 1. ACCEPTANCE OF STATE SERVICES TO CARRY

4 OUT DEPORTATION FUNCTIONS.

5 Section 287 of the Immigration and Nationality Act

6 (8 U.S.C. 1357) is amended by adding at the end the fol7 lowing:

8 ‘‘(g)(1) Notwithstanding section 1342 of title 31,

9 United States, Code, the Attorney General may enter into

10 a written agreement with a State, or any political subdivi-
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1 sion of a State, pursuant to which an officer or employee

2 of the State or subdivision, who is determined by the At3 torney General to be qualified to perform a function of

4 an immigration officer, or any other officer of the Depart5 ment of Justice, under this Act in relation to deportation

6 of aliens in the United States (including investigation, ap7 prehension, detention, presentation of evidence on behalf

8 of the United States in administrative proceedings to de9 termine the deportability of any alien, conduct of such pro10 ceedings, or removal of aliens with respect to whom a final

11 order of deportation has been rendered) may carry out

12 such function at the expense of the State or political sub13 division and to the extent consistent with State and local

14 law.

15 ‘‘(2) An agreement under this subsection shall re16 quire that an officer or employee of a State or political

17 subdivision of a State performing a function under the

18 agreement shall have knowledge of, and adhere to, Federal

19 law relating to the function.

20 ‘‘(3) In performing a function under this subsection,

21 an officer or employee of a State or political subdivision

22 of a State shall be subject to the direction and supervision

23 of the Attorney General.

24 ‘‘(4) In performing a function under this subsection,

25 an officer or employee of a State or political subdivision
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1 of a State may use Federal property or facilities, as pro2 vided in a written agreement between the Attorney Gen3 eral and the State or subdivision.

4 ‘‘(5) With respect to each officer or employee of a

5 State or political subdivision who is authorized to perform

6 a function under this subsection, the specific powers and

7 duties that may be, or are required to be, exercised or

8 performed by the individual, the duration of the authority

9 of the individual, and the position of the agent of the At10 torney General who is required to supervise and direct the

11 individual, shall be set forth in a written agreement be12 tween the Attorney General and the State or political sub13 division.

14 ‘‘(6) The Attorney General may not accept a service

15 under this subsection if the service will be used to displace

16 any Federal employee.

17 ‘‘(7) Except as provided in paragraph (8), an officer

18 or employee of a State or political subdivision of a State

19 performing functions under this subsection shall not be

20 treated as a Federal employee for any purpose other than

21 for purposes of chapter 81 of title 5, United States Code,

22 (relating to compensation for injury) and sections 2671

23 through 2680 of title 28, United States Code, (relating

24 to tort claims).
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1 ‘‘(8) An officer or employee of a State or political

2 subdivision of a State acting under color of authority

3 under this subsection, or any agreement entered into

4 under this subsection, shall be considered to be acting

5 under color of Federal authority for purposes of determin6 ing the liability, and immunity from suit, of the officer

7 or employee in a civil action brought under Federal or

8 State law.

9 ‘‘(9) Nothing in this subsection shall be construed to

10 require any State or political subdivision of a State to

11 enter into an agreement with the Attorney General under

12 this subsection.

13 ‘‘(10) Nothing in this subsection shall be construed

14 to require an agreement under this subsection in order for

15 any officer or employee of a State or political subdivision

16 of a State—

17 ‘‘(A) to communicate with the Attorney General

18 regarding the immigration status of any individual,

19 including reporting a suspicion that a particular

20 alien is not lawfully present in the United States; or

21 ‘‘(B) otherwise to cooperate with the Attorney

22 General in the identification, apprehension, deten23 tion, or removal of aliens not lawfully present in the

24 United States.’’.

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