I 

116TH CONGRESS 

1ST SESSION H. R. 438 

To deny Federal funding to any State or political subdivision of a State 

that has in effect any law, policy, or procedure that prevents or impedes 

a State or local law enforcement official from maintaining custody of 

an alien pursuant to an immigration detainer issued by the Secretary 

of Homeland Security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 10, 2019 

Mr. CALVERT (for himself, Mr. COOK, and Mr. BROOKS of Alabama) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To deny Federal funding to any State or political subdivision 

of a State that has in effect any law, policy, or procedure 

that prevents or impedes a State or local law enforcement official from maintaining custody of an alien pursuant to an immigration detainer issued by the Secretary 

of Homeland Security, and for other purposes. 

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— 

5 (1) ‘‘Help Ensure Legal Detainers Act’’; or 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 438 IH

1 (2) ‘‘HELD Act’’. 

2 SEC. 2. DENIAL OF FEDERAL FUNDING TO STATES AND 

3 UNITS OF LOCAL GOVERNMENT THAT FAIL 

4 TO RESPOND TO IMMIGRATION DETAINERS. 

5 (a) IN GENERAL.—With respect to fiscal years begin6 ning after the date of the enactment of this Act, no Fed7 eral funds may be used to assist any project or activity 

8 carried out by a State, or a political subdivision of a State, 

9 described in subsection (b). 

10 (b) STATES AND POLITICAL SUBDIVISIONS DE11 SCRIBED.—A State, or political subdivision of a State, de12 scribed in this subsection is any State, or political subdivi13 sion of a State, that has in effect any law, policy, or proce14 dure that prevents or impedes State or local law enforce15 ment officials from— 

16 (1) timely responding to an immigration notice 

17 issued by the Secretary of Homeland Security that 

18 requests information about an alien in State or local 

19 custody, including the alien’s estimated release date, 

20 in order that the Secretary may arrange to assume 

21 custody of the alien upon such release; or 

22 (2) maintaining custody of an alien for a period 

23 of up to 48 hours (excluding Saturdays, Sundays 

24 and holidays) pursuant to an immigration detainer 

25 issued by the Secretary of Homeland Security in 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 438 IH

1 order that the alien can be transferred to the cus2 tody of such Secretary to determine whether the 

3 alien should be detained, placed in removal pro4 ceedings, released, or removed. 

5 (c) CONSTRUCTION.—A political subdivision of a 

6 State that is not ineligible under subsection (a) to receive 

7 Federal funds, but is part of a State or another unit of 

8 government that is so ineligible, may submit, notwith9 standing any other provision of law, an application for di10 rect receipt of any funds that the political subdivision oth11 erwise only would receive through subgrant, allocation, or 

12 allotment made by the ineligible State or government unit. 

Æ 


kjohnson on DSK79L0C42 with BILLS