287(g) Program Protection Act

Subjects: Immigration


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 998 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 998

   To amend section 287(g) of the Immigration and Nationality Act to 
  clarify congressional intent with respect to agreements under such 
                    section, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2023

Mr. Cloud (for himself, Mr. Lamborn, and Mr. Weber of Texas) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend section 287(g) of the Immigration and Nationality Act to 
  clarify congressional intent with respect to agreements under such 
                    section, and for other purposes.

    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 ``287(g) Program Protection Act''.

SEC. 2. CLARIFICATION OF CONGRESSIONAL INTENT.

    Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) is amended--
            (1) in paragraph (1), by striking ``the Attorney General 
        may enter'' and all that follows through the period at the end 
        and inserting the following: ``the Secretary of Homeland 
        Security shall enter into a written agreement with a State, or 
        any political subdivision of a State, upon request of the State 
        or political subdivision, pursuant to which law enforcement 
        officers of the State or subdivision, who are determined by the 
        Secretary to be qualified to perform a function of an 
        immigration officer in relation to the investigation, 
        apprehension, or detention of aliens in the United States 
        (including the transportation of such aliens across State lines 
        to detention centers), may carry out such function at the 
        expense of the State or political subdivision. No request from 
        a bona fide State or political subdivision or bona fide law 
        enforcement agency shall be denied absent a compelling reason, 
        and the Secretary shall notify the Congress and publish in the 
        Federal Register an explanation for those reasons at least 180 
        days in advance of making final the denial. No limit on the 
        number of agreements under this subsection may be imposed. The 
        Secretary shall process requests for such agreements with all 
        due haste, and in no case shall more than 90 days elapse from 
        the date the request is made until the agreement is 
        consummated. For purposes of this subsection, any reference to 
        a political subdivision shall be construed to include any law 
        enforcement or corrections agency of the political 
        subdivision.'';
            (2) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary'';
            (3) by redesignating paragraphs (2) through (10) as 
        paragraphs (5) through (13), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) An agreement under this subsection shall accommodate 
        a requesting State or political subdivision with respect to the 
        enforcement model or combination of models, and shall 
        accommodate a patrol model, task force model, jail model, any 
        combination thereof, or any other reasonable model the State or 
        political subdivision believes is best suited to the 
        immigration enforcement needs of its jurisdiction.
            ``(3) No Federal program or technology directed broadly at 
        identifying inadmissible or deportable aliens shall substitute 
        for such agreements, including those establishing a jail model, 
        and shall operate in addition to any agreement under this 
        subsection.
            ``(4)(A) No agreement under this subsection may be 
        terminated absent a compelling reason.
            ``(B)(i) The Secretary shall provide a State or political 
        subdivision written notice of intent to terminate at least 180 
        days prior to date of intended termination, and the notice 
        shall fully explain the grounds for termination, along with 
        providing evidence substantiating the Secretary's allegations.
            ``(ii) In order to determine whether the requirements of 
        this paragraph have been satisfied, the State or political 
        subdivision shall have the right--
                    ``(I) to appeal the decision of the Secretary to an 
                administrative law judge for a hearing and decision; or
                    ``(II) to bring a civil action in an appropriate 
                court of jurisdiction.
            ``(C) The agreement shall remain in full effect during the 
        course of any and all legal proceedings.''; and
            (5) in paragraph (6) (as redesignated), by adding at the 
        end the following: ``The Secretary of Homeland Security shall 
        implement uniform training requirements for law enforcement 
        officers who are, or will be, performing a function of an 
        immigration officer under this subsection. The training 
        requirements shall align with Federal Law Enforcement Training 
        Center standards for training under this subsection (as in 
        effect of the date of the enactment of this sentence).''.

SEC. 3. FUNDING.

    Section 286(r) of the Immigration and National Act (8 U.S.C. 
1356(r)) is amended--
            (1) in the subsection heading, by striking ``Breached Bond/
        Detention Fund'' and inserting ``Breached Bond/Detention/287(g) 
        Fund'';
            (2) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (3) in paragraph (1), by striking ``Breached Bond/
        Detention'' and inserting ``Breached Bond/Detention/287(g)'';
            (4) in paragraph (2), by striking ``Department of Justice'' 
        and inserting ``Department of Homeland Security''; and
            (5) in paragraph (3)--
                    (A) in clause (i), by striking ``, and'' at the end 
                and inserting a semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(iv) for expenses associated with administering 
                section 287(g).''.

SEC. 4. REQUIREMENTS ON SECRETARY.

    (a) Annual Performance Report.--Not later than December 31 of the 
first fiscal year that begins after the date of the enactment of this 
Act, and not later than December 31 of each year thereafter, the 
Secretary of Homeland Security shall publish an annual performance 
report on the program under section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) that includes at least the following 
information:
            (1) The number of aliens apprehended and screened by law 
        enforcement through the program.
            (2) The number of aliens removed from the United States as 
        a result of the program.
            (3) The number of aliens described in paragraph (1) who 
        were not removed and an explanation for why they were not 
        removed.
            (4) The methods being used to conduct oversight of each law 
        enforcement agency participating under the program.
            (5) The number of law enforcement agencies in compliance 
        with the program's training requirements.
            (6) The number of complaints filed against law enforcement 
        agencies claiming they did not comply their written agreement 
        entered into under such section.
            (7) The number of law enforcement agencies that had such 
        written agreement terminated.
            (8) The reasons for such termination.
    (b) Annual Recruitment Plan.--Not later than December 31 of the 
first fiscal year that begins after the date of the enactment of this 
Act, and not later than December 31 of each year thereafter, the 
Secretary of Homeland Security shall publish an annual recruitment plan 
with respect to the program under section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) that includes at least the following 
information:
            (1) Annual goals for the next five years for recruitment of 
        new States and political subdivisions of States to participate 
        in the program.
            (2) The number of new States and political subdivisions of 
        States participating in the program each year.
            (3) A description of the outreach to States and political 
        subdivisions of States conducted for the program and the other 
        methods used to achieve recruitment goals.
            (4) The number of requests for agreements received, 
        approved, denied, and pending approval.
    (c) Rulemaking.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall publish 
a notice of rulemaking with respect to the training requirements under 
section 287(g)(6) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)(6)), as added by section 2(5).
                                 &lt;all&gt;
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