II 

113TH CONGRESS 

1ST SESSION S. 260 

To require the collection of data by officers enforcing immigration law and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2013 

Mrs. GILLIBRAND introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To require the collection of data by officers enforcing 

immigration law 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 ‘‘Immigration Enforce5 ment Transparency Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this section: 

8 (1) IMMIGRATION LAWS.—The term ‘‘immigra9 tion laws’’ has the meaning given that term in secVerDate Mar 15 2010 22:30 Feb 19, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S260.IS S260

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1 tion 101(a)(17) of the Immigration and Nationality 

2 Act (8 U.S.C. 1101(a)(17)). 

3 (2) LAW ENFORCEMENT OFFICIAL.—The term 

4 ‘‘law enforcement official’’ means— 

5 (A) an officer of U.S. Customs and Border 

6 Protection; 

7 (B) an officer of U.S. Immigration and 

8 Customs Enforcement; or 

9 (C) an officer or employee of a State or a 

10 political subdivision of a State who is carrying 

11 out the functions of an immigration officer pur12 suant to an agreement entered into under sec13 tion 287(g) of the Immigration and Nationality 

14 Act (8 U.S.C. 1357(g)) or pursuant to any 

15 other agreement with the Department of Home16 land Security. 

17 SEC. 3. DATA COLLECTION BY LAW ENFORCEMENT OFFI18 CIALS ENFORCING IMMIGRATION LAWS. 

19 (a) REQUIREMENT FOR DATA COLLECTION.—A law 

20 enforcement official who makes contact with an individual 

21 with the purpose or effect of enforcing an immigration law 

22 shall collect the following data: 

23 (1) The law enforcement official’s basis for, or 

24 circumstances surrounding, such contact, including 


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1 if such individual’s perceived race or ethnicity con2 tributed to such basis. 

3 (2) The identifying characteristics of such indi4 vidual, including the individual’s race, gender, eth5 nicity, and approximate age. 

6 (3) If such contact resulted in a stop or search, 

7 how long such a stop or search lasted, whether con8 sent was requested and obtained for such stop or 

9 search, and the name of the person who provided 

10 such consent. 

11 (4) A description of any articulable facts and 

12 behavior by the individual that demonstrate reason13 able suspicion to justify such stop or probable cause 

14 to justify such search or attempt to enforce the im15 migration laws. 

16 (5) A description of any items seized during 

17 such search, including contraband or money, and a 

18 specification of the type of search conducted. 

19 (6) Whether any warning or citation was issued 

20 as a result of such contact and the basis for such 

21 warning or citation. 

22 (7) Whether an arrest or detention was made 

23 as a result of such contact, the justification for such 

24 arrest or detention, and the ultimate disposition of 

25 such arrest or detention. 


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1 (8) Whether the affected individual is under2 going immigration proceedings as of the date of the 

3 annual report. 

4 (9) If a warning, citation, arrest, or detention 

5 is involved, the surname of the affected individual. 

6 (10) The immigration status of the individual 

7 involved and whether removal proceedings were sub8 sequently initiated against that individual. 

9 (11) Whether any complaint was made by the 

10 individual stopped or searched. 

11 (b) COMPILATION OF DATA.— 

12 (1) DEPARTMENT OF HOMELAND SECURITY

13 LAW ENFORCEMENT OFFICIALS.—The Secretary of 

14 Homeland Security shall compile the data collected 

15 under subsection (a) by officers of U.S. Customs 

16 and Border Protection and officers of U.S. Immigra17 tion and Customs Enforcement. 

18 (2) OTHER LAW ENFORCEMENT OFFICIALS.— 

19 The head of each agency, department, or other enti20 ty that employs law enforcement officials other than 

21 officers referred to in paragraph (1) shall— 

22 (A) compile the data collected by such law 

23 enforcement officials pursuant to subsection 

24 (a); and 


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1 (B) submit the compiled data to the Sec2 retary of Homeland Security. 

3 (c) USE OF DATA.—The Secretary of Homeland Se4 curity shall consider the data compiled under subsection 

5 (b) in making policy and program decisions related to en6 forcement of the immigration laws. 

7 SEC. 4. ANNUAL REPORT. 

8 (a) REQUIREMENT.—Not later than one year after 

9 the effective date of this Act, and annually thereafter, the 

10 Secretary of Homeland Security shall submit to Congress 

11 a report on the data compiled under section 3(b). 

12 (b) AVAILABILITY.—Each report submitted under 

13 subsection (a) shall be made available to the public. 

14 SEC. 5. EFFECTIVE DATE. 

15 This Act shall take effect 60 days after the date of 

16 the enactment of this Act. 

Æ 


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