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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1663 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Justice for the Newark College 
Students Act''.

SEC. 2. IDENTIFICATION OF ALIENS UNLAWFULLY PRESENT UPON FELONY ARREST.

    (a) Availability of Investigative Resources.--Section 236(d)(1) of 
the Immigration and Nationality Act (8 U.S.C. 1226(d)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``Attorney General'' and inserting ``Secretary of Homeland 
        Security'';
            (2) in subparagraph (A)--
                    (A) by strking ``the Service'' and inserting ``the 
                Department of Homeland Security''; and
                    (B) by striking ``aggravated felonies'' and 
                inserting ``a felony (under the law that is the basis 
                of the arrest) or an aggravated felony (as defined in 
                section 101(a)(43))''; and
                    (C) by striking ``aliens;'' and inserting ``aliens, 
                and to determine whether such individuals are 
                unlawfully present in the United States;''; and
            (3) in subparagraph (B)--
                    (A) by striking ``the Service'' and inserting ``the 
                Department of Homeland Security''; and
                    (B) by striking ``an aggravated felony;'' and 
                inserting ``a felony (under the law that is the basis 
                of the arrest) or an aggravated felony (as defined in 
                section 101(a)(43));''.
    (b) Required Use of Investigative Resources.--Section 236(d) of the 
Immigration and Nationality Act (8 U.S.C. 1226(d)) is amended by adding 
at the end the following:
    ``(4)(A) A State or local law enforcement official who arrests an 
individual for a felony (under the law that is the basis of the 
arrest)--
            ``(i) shall, through the investigative resources described 
        in paragraph (d)(1)(A), determine whether the individual is an 
        alien unlawfully present in the United States; and
            ``(ii) shall inform the court having jurisdiction over the 
        felony case when the official has determined that the 
        individual is such an alien.
    ``(B) A court described in subparagraph (A)(ii) shall inform the 
Department of Homeland Security of the disposition of a felony case 
described in such subparagraph.''.

SEC. 3. FEDERAL DETENTION OF UNLAWFULLY PRESENT ALIENS.

    (a) Custody.--Section 236(c)(1) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)(1)) is amended--
            (1) in subparagraph (C), by striking ``or'' at the end;
            (2) in subparagraph (D), by adding ``or'' at the end; and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) has been determined under subsection 
                (d)(4)(A) to be an alien unlawfully present in the 
                United States,''.
    (b) Release.--Section 236(c)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)(2)) is amended by adding at the end 
``Notwithstanding any other provision of this paragraph, an alien taken 
into custody under paragraph (1)(E) may not be released except in 
furtherance of the felony case described in subsection (d)(4)(B).''
                                 <all>
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