Immigration Transparency and Transit Notification Act of 2022

To require the Secretary of Homeland Security and the Secretary of Health and Human Services to notify the relevant Federal, State, and local officials of a jurisdiction before placing a covered alien in such jurisdiction, and for other purposes. 1. Short title This Act may be cited as the Immigration Transparency and Transit Notification Act of 2022 2. State involvement in the placement of covered aliens (a) Notification required (1) In general The Secretary of Homeland Security or the Secretary of Health and Human Services, as applicable, shall notify the relevant Federal, State, and local officials of a jurisdiction at least 7 calendar days before— (A) transporting a covered alien to such jurisdiction by airplane, motor vehicle, or other means for disembarkment (even if such transporting or related processing is carried out on behalf of the Federal Government by a private entity); or (B) placing a covered alien in such jurisdiction. (2) Contents In the case of a notification under paragraph (1) to the Governor of a State, the Secretary of Homeland Security or the Secretary of Health and Human Services, as applicable, shall supplement the notification, for each covered alien, to include the following: (A) Name. (B) Date of birth. (C) Verification of the covered alien’s country of nationality, consisting of— (i) a copy of a government-issued identity document of the covered alien from that country; or (ii) if the covered alien does not have such a document, other such verification. (D) Any biometrics collected from the covered alien. (E) Proof of completion of any required background check, the results of any background check, and any criminal history information, if applicable. (F) Final destination. (G) Sponsor information, if applicable, including the sponsor’s name, date of birth, immigration status, and address. (b) Opportunity for Governor To object (1) Objection Not later than 3 calendar days after receiving a notification under subsection (a), the Governor of a State in which a covered alien is proposed to be placed or transported for disembarkment may submit to the Secretary of Homeland Security or the Secretary of Health and Human Services, as applicable, a written objection to the proposed placement or disembarkment in that State. (2) Alternate placement required In the case that the Governor of a State objects to the placement or disembarkment of a covered alien in that State under paragraph (1), the Secretary of Homeland Security and the Secretary of Health and Human Services may not place or transport for disembarkment the covered alien in that State. (3) Exception Paragraph (2) does not apply in the case of placement of an unaccompanied alien child with, or transport of an unaccompanied alien child to, a family member in accordance with section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232 (c) Definitions In this section: (1) The term unaccompanied alien child 6 U.S.C. 279 (2) The term covered alien (A) an unaccompanied alien child; or (B) an alien without lawful immigration status. (3) The term disembarkment (4) The term family member (5) The terms place placement (6) The term relevant Federal, State, and local officials (A) The Governor of the State. (B) The Attorney General of the State. (C) The head of any county or municipal government that includes such jurisdiction. (D) The head or heads of local law enforcement in such jurisdiction. (E) Federal and State legislators elected to represent a State or district including such jurisdiction. 3. Quarterly reports to Congress Not less than quarterly each year, the Secretary of Homeland Security and the Secretary of Health and Human Services shall each submit to the Chair and ranking member of each of the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives, and the Chair and ranking member of each of the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate, a report— (1) including— (A) the notifications made by the respective Secretary pursuant to subsection (a)(1); and (B) any objections received by the respective Secretary under subsection (b)(1); and (2) identifying— (A) each private entity that pays all or part of the costs of, or otherwise assists with, any Federal transport by the respective Secretary’s department of a covered alien (as defined in section 2) between jurisdictions; and (B) the amount and source of any Federal funding used to pay for such transport.

Summary: Immigration Transparency and Transit Notification Act of 2022 This bill requires notifications to certain officials before an unaccompanied alien child or a non-U.S. national (alien under federal law) without lawful immigration status may be placed in or transported to a state or local jurisdiction. The bill also authorizes the office of the governor of the relevant state to prohibit the placement or transportation. At least seven calendar days before taking such an action, the Department of Homeland Security (DHS) or the Department of Health and Human Services (HHS) must notify (1) the relevant state governor's office, (2) the state attorney general's office, (3) the county or municipal government, (4) local law enforcement, and (5) federal and state legislators representing the relevant jurisdiction. The action may not take place if the state governor's office objects no later than three calendar days after receiving the notification. This authority to object shall not apply if the action is to place an unaccompanied child with, or transport the child to, a family member.