II 

114TH CONGRESS 

1ST SESSION S. 1843 

To enhance communication between Federal, State, tribal, and local jurisdictions and to ensure the rapid and effective deportation of certain criminal 

aliens. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2015 

Mr. FLAKE (for himself and Mr. MCCAIN) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To enhance communication between Federal, State, tribal, 

and local jurisdictions and to ensure the rapid and effective deportation of 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 ‘‘Criminal Alien Notifi5 cation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of Homeland Security. 


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1 (2) LAW ENFORCEMENT NOTIFICATION SYS2 TEM.—The term ‘‘law enforcement notification sys3 tem’’ means a secure information sharing system 

4 utilized by Federal, State, tribal, and local law en5 forcement agencies— 

6 (A) to notify the identification bureaus, of 

7 the State from which an alien is being released 

8 and of the State in which the alien is intending 

9 to reside (if different), of the anticipated release 

10 of an inadmissible or deportable alien described 

11 in subparagraph (A), (B), (C), or (D) of section 

12 236(c)(1) of the Immigration and Nationality 

13 Act (8 U.S.C. 1226(c)(1)) from the custody of 

14 U.S. Immigration and Customs Enforcement; 

15 and 

16 (B) to notify the Secretary of the release 

17 from custody of an alien who has been arrested 

18 for any offense described in subparagraphs (A) 

19 through (D) of section 236(c)(1) of the Immi20 gration and Nationality Act (8 U.S.C. 

21 1226(c)(1)), the conviction of which would 

22 render the alien inadmissible under sections 

23 212(a) and 237(a) of such Act (8 U.S.C. 

24 1182(a) and 1227(a)). 


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1 (3) PROTECTION ORDER.—The term ‘‘protec2 tion order’’ includes any injunction, restraining 

3 order, or any other order issued by a civil or crimi4 nal court to prevent violent or threatening acts or 

5 harassment against, sexual violence, or contact or 

6 communication with, or physical proximity to, an7 other person, including any temporary or final order 

8 issued by a civil or criminal court (whether obtained 

9 by filing an independent action or as a pendente lite 

10 order in another proceeding) if— 

11 (A) a civil or criminal order was issued by 

12 a State, tribal, or territorial court in response 

13 to a complaint, petition, or motion filed by, or 

14 on behalf of, a person seeking protection; 

15 (B) such court has jurisdiction over the 

16 parties and matter under the law of such State, 

17 Indian tribe, or territory; 

18 (C) reasonable notice and opportunity to 

19 be heard is given to the person against whom 

20 the order is sought that is sufficient to protect 

21 that person’s right to due process; and 

22 (D) in the case of ex parte orders, notice 

23 and opportunity to be heard is provided within 

24 the time required under the law of such State, 

25 Indian tribe, or territory and within a reasonVerDate Sep 11 2014 07:17 Jul 23, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1843.IS S1843

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1 able time after the order is issued to sufficiently 

2 protect the respondent’s due process rights. 

3 (4) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Homeland Security. 

5 (5) STATE.—The term ‘‘State’’ has the mean6 ing given the term in section 101(a)(36) of the Im7 migration and Nationality Act (8 U.S.C. 

8 1101(a)(36)). 

9 SEC. 3. LAW ENFORCEMENT NOTIFICATION SYSTEM. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the Secretary shall establish a law en12 forcement notification system for every State. 

13 SEC. 4. PROTECTIVE ORDER NOTIFICATION SYSTEM. 

14 (a) ESTABLISHMENT.—Not later than 180 days after 

15 the date of the enactment of this Act, the Secretary shall 

16 establish a secure information sharing system that enables 

17 State, tribal, and local courts to notify the Secretary of 

18 a protective order issued against an inadmissible or de19 portable alien described in section 212(a) or 237(a) of the 

20 Immigration and Nationality Act (8 U.S.C. 1182(a) and 

21 1227(a)) who is under the supervision of the Secretary. 

22 (b) CONSTRUCTION.—Nothing in this section may be 

23 construed to authorize the Secretary to establish a system 

24 that allows for the inclusion of protection orders for any25 one other than an inadmissible alien described in section 


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1 212(a) or 237(a) of the Immigration and Nationality Act 

2 (8 U.S.C. 1182(a) and 1227(a)). 

3 SEC. 5. REPORTING REQUIREMENTS. 

4 (a) REPORT REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, and annually 

6 thereafter, the Secretary shall submit a report to the Com7 mittee on the Judiciary of the Senate and the Committee 

8 on the Judiciary of the House of Representatives that in9 cludes the information specified in subsection (b). 

10 (b) CONTENTS.—The report required under sub11 section (a) shall describe— 

12 (1) the number of aliens currently present in 

13 the United States who have ever been arrested for 

14 a criminal offense; 

15 (2) the number of aliens currently present in 

16 the United States who have ever been convicted of 

17 a criminal offense; 

18 (3) the number of aliens with final orders of re19 moval who are currently present in the United 

20 States and of such aliens— 

21 (A) how many have ever been arrested for 

22 any criminal offense; and 

23 (B) how many have ever been convicted for 

24 any criminal offense; 


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1 (4) the number of detainers that were issued by 

2 the Department during the previous fiscal year and 

3 the number of such detainers that were honored; 

4 (5) the number of times the Department was 

5 notified during the previous fiscal year of a protec6 tive order issued pursuant to this Act and, for each 

7 such notification— 

8 (A) the actions taken by the Department; 

9 or 

10 (B) if no action was taken, the reasons for 

11 not taking action; 

12 (6) the number of times during the previous fis13 cal year that the Department was notified through 

14 the law enforcement notification system established 

15 under section 3 and, for each such notification— 

16 (A) a list of offenses for which notification 

17 was provided; and 

18 (B)(i) the actions taken by the Depart19 ment; or 

20 (ii) if no action was taken, the reasons for 

21 not taking action; and 

22 (7) the number of times during the previous fis23 cal year that the Department was notified by a 

24 State, tribal, or local law court through the system 


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1 established under section 4 and, for each notifica2 tion— 

3 (A) the actions taken by the Department; 

4 or 

5 (B) if no action was taken, the reasons for 

6 not taking action. 

Æ 


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