I 

111TH CONGRESS 

1ST SESSION H. R. 1663 

To require State and local law enforcement agencies to determine the immigration status of all individuals arrested by such agencies for a felony, 

to require such agencies to report to the Secretary of Homeland Security 

when they have arrested for a felony an alien unlawfully present in 

the United States, to require mandatory Federal detention of such individuals pending removal in cases where they are not otherwise detained, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2009 

Mr. DENT (for himself, Mr. LANCE, Mr. PAULSEN, Mr. BILBRAY, Mr. 

MARCHANT, Mr. WALDEN, Mr. COBLE, Mr. MARSHALL, Mrs. MYRICK, 

Mr. PLATTS, Mr. LOBIONDO, Mr. SESSIONS, Ms. GINNY BROWN-WAITE

of Florida, Mr. POE of Texas, Mrs. CAPITO, Mr. SHULER, Mr. CARNEY, 

Mr. TIM MURPHY of Pennsylvania, Mr. KIRK, Mr. ROYCE, and Mrs. MILLER of Michigan) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To require State and local law enforcement agencies to determine the immigration status of all individuals arrested 

by such agencies for a felony, to require such agencies 

to report to the Secretary of Homeland Security when 

they have arrested for a felony an alien unlawfully 

present in the United States, to require mandatory Federal detention of such individuals pending removal in 

cases where they are not otherwise detained, and for 

other purposes. 


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•HR 1663 IH

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 ‘‘Justice for the Newark 

5 College Students Act’’. 

6 SEC. 2. IDENTIFICATION OF ALIENS UNLAWFULLY 

7 PRESENT UPON FELONY ARREST. 

8 (a) AVAILABILITY OF INVESTIGATIVE RESOURCES.— 

9 Section 236(d)(1) of the Immigration and Nationality Act 

10 (8 U.S.C. 1226(d)(1)) is amended— 

11 (1) in the matter preceding subparagraph (A), 

12 by striking ‘‘Attorney General’’ and inserting ‘‘Sec13 retary of Homeland Security’’; 

14 (2) in subparagraph (A)— 

15 (A) by strking ‘‘the Service’’ and inserting 

16 ‘‘the Department of Homeland Security’’; and 

17 (B) by striking ‘‘aggravated felonies’’ and 

18 inserting ‘‘a felony (under the law that is the 

19 basis of the arrest) or an aggravated felony (as 

20 defined in section 101(a)(43))’’; and 

21 (C) by striking ‘‘aliens;’’ and inserting 

22 ‘‘aliens, and to determine whether such individ23 uals are unlawfully present in the United 

24 States;’’; and 

25 (3) in subparagraph (B)— 


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1 (A) by striking ‘‘the Service’’ and inserting 

2 ‘‘the Department of Homeland Security’’; and 

3 (B) by striking ‘‘an aggravated felony;’’ 

4 and inserting ‘‘a felony (under the law that is 

5 the basis of the arrest) or an aggravated felony 

6 (as defined in section 101(a)(43));’’. 

7 (b) REQUIRED USE OF INVESTIGATIVE RE8 SOURCES.—Section 236(d) of the Immigration and Na9 tionality Act (8 U.S.C. 1226(d)) is amended by adding 

10 at the end the following: 

11 ‘‘(4)(A) A State or local law enforcement official who 

12 arrests an individual for a felony (under the law that is 

13 the basis of the arrest)— 

14 ‘‘(i) shall, through the investigative resources 

15 described in paragraph (d)(1)(A), determine whether 

16 the individual is an alien unlawfully present in the 

17 United States; and 

18 ‘‘(ii) shall inform the court having jurisdiction 

19 over the felony case when the official has determined 

20 that the individual is such an alien. 

21 ‘‘(B) A court described in subparagraph (A)(ii) shall 

22 inform the Department of Homeland Security of the dis23 position of a felony case described in such subparagraph.’’. 


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•HR 1663 IH

1 SEC. 3. FEDERAL DETENTION OF UNLAWFULLY PRESENT 

2 ALIENS. 

3 (a) CUSTODY.—Section 236(c)(1) of the Immigration 

4 and Nationality Act (8 U.S.C. 1226(c)(1)) is amended— 

5 (1) in subparagraph (C), by striking ‘‘or’’ at 

6 the end; 

7 (2) in subparagraph (D), by adding ‘‘or’’ at the 

8 end; and 

9 (3) by inserting after subparagraph (D) the fol10 lowing: 

11 ‘‘(E) has been determined under subsection 

12 (d)(4)(A) to be an alien unlawfully present in 

13 the United States,’’. 

14 (b) RELEASE.—Section 236(c)(2) of the Immigration 

15 and Nationality Act (8 U.S.C. 1226(c)(2)) is amended by 

16 adding at the end ‘‘Notwithstanding any other provision 

17 of this paragraph, an alien taken into custody under para18 graph (1)(E) may not be released except in furtherance 

19 of the felony case described in subsection (d)(4)(B).’’ 

Æ 


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