I 
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 agree-
ments under such section, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘287(g) Program Pro-
tection Act’’. 
SEC. 2. CLARIFICATION OF CONGRESSIONAL INTENT. 
Section 287(g) of the Immigration and Nationality 
Act (8 U.S.C. 1357(g)) is amended— 
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(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 sub-
division of a State, upon request of the State or po-
litical subdivision, pursuant to which law enforce-
ment officers of the State or subdivision, who are 
determined by the Secretary to be qualified to per-
form a function of an immigration officer in relation 
to the investigation, apprehension, or detention of 
aliens in the United States (including the transpor-
tation 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 ex-
planation for those reasons at least 180 days in ad-
vance 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 re-
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quest 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 polit-
ical 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 fol-
lowing: 
‘‘(2) An agreement under this subsection shall 
accommodate a requesting State or political subdivi-
sion with respect to the enforcement model or com-
bination 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 im-
migration 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. 
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‘‘(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 termi-
nate at least 180 days prior to date of intended ter-
mination, and the notice shall fully explain the 
grounds for termination, along with providing evi-
dence substantiating the Secretary’s allegations. 
‘‘(ii) In order to determine whether the require-
ments 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 appro-
priate 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 add-
ing 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 require-
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ments 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 insert-
ing ‘‘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/De-
tention/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: 
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‘‘(iv) for expenses associated with admin-
istering 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 Immi-
gration and Nationality Act (8 U.S.C. 1357(g)) that in-
cludes 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 para-
graph (1) who were not removed and an explanation 
for why they were not removed. 
(4) The methods being used to conduct over-
sight of each law enforcement agency participating 
under the program. 
(5) The number of law enforcement agencies in 
compliance with the program’s training require-
ments. 
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(6) The number of complaints filed against law 
enforcement agencies claiming they did not comply 
their written agreement entered into under such sec-
tion. 
(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 De-
cember 31 of each year thereafter, the Secretary of Home-
land 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 re-
cruitment of new States and political subdivisions of 
States to participate in the program. 
(2) The number of new States and political sub-
divisions 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 re-
cruitment goals. 
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(4) The number of requests for agreements re-
ceived, approved, denied, and pending approval. 
(c) RULEMAKING.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Home-
land 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). 
Æ 
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