II 

118TH CONGRESS 

2D SESSION S. 4032 

To authorize magistrate judges to issue arrest warrants for certain criminal 

aliens. 

IN THE SENATE OF THE UNITED STATES 

MARCH 21, 2024 

Mr. MURPHY (for himself, Mr. BROWN, Ms. BALDWIN, Mr. KING, Mr. CASEY, 

Mr. KAINE, and Ms. SINEMA) introduced the following bill; which was 

read twice and referred to the Committee on the Judiciary 

A BILL 

To authorize magistrate judges to issue arrest warrants for 

certain criminal 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Improving Public Safe5 ty Through Immigration Warrant Issuance Act’’. 

6 SEC. 2. WARRANT AUTHORITY. 

7 (a) IN GENERAL.—Chapter 9 of title II of the Immi8 gration and Nationality Act (8 U.S.C. 1351 et seq.) is 

9 amended by inserting after section 287 the following: 


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1 ‘‘SEC. 287A. AUTHORIZATION OF FEDERAL COURTS TO 

2 ISSUE ARREST WARRANTS. 

3 ‘‘(a) AUTHORIZATION OF FEDERAL COURTS TO

4 ISSUE ARREST WARRANTS.—Upon receiving an applica5 tion from a Federal law enforcement officer or an attorney 

6 for the Federal Government, a magistrate judge is author7 ized to issue a warrant to seize an alien located within 

8 the district over which the magistrate judge has jurisdic9 tion if there is probable cause to believe that the alien— 

10 ‘‘(1) is removable (as defined in section 

11 240(e)(2)); and 

12 ‘‘(2)(A) has been charged with, or convicted of, 

13 a felony; 

14 ‘‘(B) has been charged with, or convicted of, a 

15 crime of violence, including any crime that endan16 gers the safety or welfare of children; or 

17 ‘‘(C) is a threat to national security. 

18 ‘‘(b) ENSURING THE EFFECTIVENESS OF WARRANTS

19 FOR PERSONS IN STATE OR LOCAL CUSTODY.— 

20 ‘‘(1) ADDITIONAL AUTHORITIES.—If such ac21 tions are reasonably necessary to ensure the effec22 tiveness of an arrest warrant issued pursuant to 

23 subsection (a), a magistrate judge may order the 

24 State or local jurisdiction with custody over the alien 

25 subject to such warrant— 


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1 ‘‘(A) to transfer the alien to Federal cus2 tody; 

3 ‘‘(B) to notify the Federal Government of 

4 the impending release of the alien to facilitate 

5 such transfer; and 

6 ‘‘(C) to hold the alien for such time as may 

7 be necessary to facilitate such transfer, which 

8 may not exceed 48 hours. 

9 ‘‘(2) TIMING OF ORDER.—An order described in 

10 paragraph (1) may be issued contemporaneously 

11 with an arrest warrant issued pursuant to subsection 

12 (a) if, based on reliable evidence, a State or local ju13 risdiction with custody over the alien subject to such 

14 warrant is unlikely to assist in effectuating the war15 rant. 

16 ‘‘(3) RULES OF CONSTRUCTION.—Nothing in 

17 this subsection may be construed— 

18 ‘‘(A) to limit any inherent or statutory 

19 power of the Federal courts to issue orders in 

20 aid of their jurisdiction, including writs of ha21 beas corpus and writs authorized under section 

22 1651 of title 28, United States Code (commonly 

23 known as the ‘All Writs Act’); or 


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1 ‘‘(B) to interfere with the Department of 

2 Homeland Security’s ability to issue detainer 

3 requests, as authorized by law. 

4 ‘‘(c) ISSUING THE WARRANT.—Each warrant issued 

5 pursuant to this section shall— 

6 ‘‘(1) be issued to an officer authorized to exe7 cute it; 

8 ‘‘(2) identify the alien to be seized and des9 ignate the magistrate judge to whom the warrant 

10 shall be returned; 

11 ‘‘(3) require the officer to submit the issued 

12 warrant to any State or locality with custody over 

13 the alien subject to the warrant as quickly as prac14 ticable; and 

15 ‘‘(4) be returned to the magistrate judge des16 ignated in the warrant. 

17 ‘‘(d) PROCEDURE FOR OBTAINING A WARRANT.— 

18 ‘‘(1) EX PARTE PROCEEDINGS.—Warrant pro19 ceedings under this section may be conducted ex 

20 parte. 

21 ‘‘(2) WARRANT ON AN AFFIDAVIT.—When a 

22 Federal law enforcement officer or an attorney for 

23 the Federal Government presents an affidavit in 

24 support of a warrant, the magistrate judge may— 


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1 ‘‘(A) require the affiant to appear person2 ally before the judge; and 

3 ‘‘(B) examine under oath the affiant and 

4 any witness produced by the affiant. 

5 ‘‘(3) RECORDING TESTIMONY.—Testimony 

6 taken in support of a warrant shall be recorded by 

7 a court reporter or by a suitable recording device. 

8 The magistrate judge shall file the transcript or re9 cording with the clerk, along with any related affi10 davit. 

11 ‘‘(4) REQUESTING A WARRANT BY TELEPHONIC

12 OR OTHER RELIABLE ELECTRONIC MEANS.—In ac13 cordance with rule 4.1 of the Federal Rules of 

14 Criminal Procedure, a magistrate judge may issue a 

15 warrant based on information communicated by tele16 phone or other reliable electronic means. 

17 ‘‘(e) DEFINITIONS.—In this section: 

18 ‘‘(1) ATTORNEY FOR THE FEDERAL GOVERN19 MENT.—The term ‘attorney for the Federal Govern20 ment’ means an attorney representing the Federal 

21 Government, as authorized by the Attorney General. 

22 ‘‘(2) CRIME OF VIOLENCE.—The term ‘crime of 

23 violence’ has the meaning given such term in section 

24 16 of title 18, United States Code. 


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1 ‘‘(3) FELONY.—The term ‘felony’ means a 

2 crime classified as a felony in the convicting jurisdic3 tion, excluding Federal, State, or local offenses for 

4 which an essential element was the alien’s immigra5 tion status. 

6 ‘‘(4) MAGISTRATE JUDGE.—The term ‘mag7 istrate judge’ means a United States magistrate 

8 judge appointed pursuant to section 631 of title 28, 

9 United States Code.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 for the Immigration and Nationality Act (8 U.S.C. 1101 

12 et seq.) is amended by inserting after the item relating 

13 to section 287 the following: 

‘‘Sec. 287A. Authorization of Federal courts to issue arrest warrants.’’. 

Æ 


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