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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4032 Introduced in Senate (IS)]

<DOC>

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.

    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 ``Improving Public Safety Through 
Immigration Warrant Issuance Act''.

SEC. 2. WARRANT AUTHORITY.

    (a) In General.--Chapter 9 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1351 et seq.) is amended by inserting after 
section 287 the following:

``SEC. 287A. AUTHORIZATION OF FEDERAL COURTS TO ISSUE ARREST WARRANTS.

    ``(a) Authorization of Federal Courts To Issue Arrest Warrants.--
Upon receiving an application from a Federal law enforcement officer or 
an attorney for the Federal Government, a magistrate judge is 
authorized to issue a warrant to seize an alien located within the 
district over which the magistrate judge has jurisdiction if there is 
probable cause to believe that the alien--
            ``(1) is removable (as defined in section 240(e)(2)); and
            ``(2)(A) has been charged with, or convicted of, a felony;
            ``(B) has been charged with, or convicted of, a crime of 
        violence, including any crime that endangers the safety or 
        welfare of children; or
            ``(C) is a threat to national security.
    ``(b) Ensuring the Effectiveness of Warrants for Persons in State 
or Local Custody.--
            ``(1) Additional authorities.--If such actions are 
        reasonably necessary to ensure the effectiveness of an arrest 
        warrant issued pursuant to subsection (a), a magistrate judge 
        may order the State or local jurisdiction with custody over the 
        alien subject to such warrant--
                    ``(A) to transfer the alien to Federal custody;
                    ``(B) to notify the Federal Government of the 
                impending release of the alien to facilitate such 
                transfer; and
                    ``(C) to hold the alien for such time as may be 
                necessary to facilitate such transfer, which may not 
                exceed 48 hours.
            ``(2) Timing of order.--An order described in paragraph (1) 
        may be issued contemporaneously with an arrest warrant issued 
        pursuant to subsection (a) if, based on reliable evidence, a 
        State or local jurisdiction with custody over the alien subject 
        to such warrant is unlikely to assist in effectuating the 
        warrant.
            ``(3) Rules of construction.--Nothing in this subsection 
        may be construed--
                    ``(A) to limit any inherent or statutory power of 
                the Federal courts to issue orders in aid of their 
                jurisdiction, including writs of habeas corpus and 
                writs authorized under section 1651 of title 28, United 
                States Code (commonly known as the `All Writs Act'); or
                    ``(B) to interfere with the Department of Homeland 
                Security's ability to issue detainer requests, as 
                authorized by law.
    ``(c) Issuing the Warrant.--Each warrant issued pursuant to this 
section shall--
            ``(1) be issued to an officer authorized to execute it;
            ``(2) identify the alien to be seized and designate the 
        magistrate judge to whom the warrant shall be returned;
            ``(3) require the officer to submit the issued warrant to 
        any State or locality with custody over the alien subject to 
        the warrant as quickly as practicable; and
            ``(4) be returned to the magistrate judge designated in the 
        warrant.
    ``(d) Procedure for Obtaining a Warrant.--
            ``(1) Ex parte proceedings.--Warrant proceedings under this 
        section may be conducted ex parte.
            ``(2) Warrant on an affidavit.--When a Federal law 
        enforcement officer or an attorney for the Federal Government 
        presents an affidavit in support of a warrant, the magistrate 
        judge may--
                    ``(A) require the affiant to appear personally 
                before the judge; and
                    ``(B) examine under oath the affiant and any 
                witness produced by the affiant.
            ``(3) Recording testimony.--Testimony taken in support of a 
        warrant shall be recorded by a court reporter or by a suitable 
        recording device. The magistrate judge shall file the 
        transcript or recording with the clerk, along with any related 
        affidavit.
            ``(4) Requesting a warrant by telephonic or other reliable 
        electronic means.--In accordance with rule 4.1 of the Federal 
        Rules of Criminal Procedure, a magistrate judge may issue a 
        warrant based on information communicated by telephone or other 
        reliable electronic means.
    ``(e) Definitions.--In this section:
            ``(1) Attorney for the federal government.--The term 
        `attorney for the Federal Government' means an attorney 
        representing the Federal Government, as authorized by the 
        Attorney General.
            ``(2) Crime of violence.--The term `crime of violence' has 
        the meaning given such term in section 16 of title 18, United 
        States Code.
            ``(3) Felony.--The term `felony' means a crime classified 
        as a felony in the convicting jurisdiction, excluding Federal, 
        State, or local offenses for which an essential element was the 
        alien's immigration status.
            ``(4) Magistrate judge.--The term `magistrate judge' means 
        a United States magistrate judge appointed pursuant to section 
        631 of title 28, United States Code.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 287 the following:

``Sec. 287A. Authorization of Federal courts to issue arrest 
                            warrants.''.
                                 <all>
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