I
104TH CONGRESS
2D SESSION
H. R. 3062
To authorize the States to assist the Attorney General in performing functions
under the Immigration and Nationality Act relating to deportation of aliens.
IN THE HOUSE OF REPRESENTATIVES
MARCH 12, 1996
Mr. COX of California (for himself and Mr. DUNCAN) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
To authorize the States to assist the Attorney General in
performing functions under the Immigration and Nation-
ality Act relating to deportation of aliens.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ACCEPTANCE OF STATE SERVICES TO CARRY
OUT DEPORTATION FUNCTIONS.
Section 287 of the Immigration and Nationality Act
(8 U.S.C. 1357) is amended by adding at the end the fol-
lowing:
‘‘(g)(1) Notwithstanding section 1342 of title 31,
United States, Code, the Attorney General may enter into
a written agreement with a State, or any political subdivi-
sion of a State, pursuant to which an officer or employee
of the State or subdivision, who is determined by the At-
torney General to be qualified to perform a function of
an immigration officer, or any other officer of the Depart-
ment of Justice, under this Act in relation to deportation
of aliens in the United States (including investigation, ap-
prehension, detention, presentation of evidence on behalf
of the United States in administrative proceedings to de-
termine the deportability of any alien, conduct of such pro-
ceedings, or removal of aliens with respect to whom a final
order of deportation has been rendered) may carry out
such function at the expense of the State or political sub-
division and to the extent consistent with State and local
law.
‘‘(2) An agreement under this subsection shall re-
quire that an officer or employee of a State or political
subdivision of a State performing a function under the
agreement shall have knowledge of, and adhere to, Federal
law relating to the function.
‘‘(3) In performing a function under this subsection,
an officer or employee of a State or political subdivision
of a State shall be subject to the direction and supervision
of the Attorney General.
‘‘(4) In performing a function under this subsection,
an officer or employee of a State or political subdivision
of a State may use Federal property or facilities, as pro-
vided in a written agreement between the Attorney Gen-
eral and the State or subdivision.
‘‘(5) With respect to each officer or employee of a
State or political subdivision who is authorized to perform
a function under this subsection, the specific powers and
duties that may be, or are required to be, exercised or
performed by the individual, the duration of the authority
of the individual, and the position of the agent of the At-
torney General who is required to supervise and direct the
individual, shall be set forth in a written agreement be-
tween the Attorney General and the State or political sub-
division.
‘‘(6) The Attorney General may not accept a service
under this subsection if the service will be used to displace
any Federal employee.
‘‘(7) Except as provided in paragraph (8), an officer
or employee of a State or political subdivision of a State
performing functions under this subsection shall not be
treated as a Federal employee for any purpose other than
for purposes of chapter 81 of title 5, United States Code,
(relating to compensation for injury) and sections 2671
through 2680 of title 28, United States Code, (relating
to tort claims).
‘‘(8) An officer or employee of a State or political
subdivision of a State acting under color of authority
under this subsection, or any agreement entered into
under this subsection, shall be considered to be acting
under color of Federal authority for purposes of determin-
ing the liability, and immunity from suit, of the officer
or employee in a civil action brought under Federal or
State law.
‘‘(9) Nothing in this subsection shall be construed to
require any State or political subdivision of a State to
enter into an agreement with the Attorney General under
this subsection.
‘‘(10) Nothing in this subsection shall be construed
to require an agreement under this subsection in order for
any officer or employee of a State or political subdivision
of a State—
‘‘(A) to communicate with the Attorney General
regarding the immigration status of any individual,
including reporting a suspicion that a particular
alien is not lawfully present in the United States; or
‘‘(B) otherwise to cooperate with the Attorney
General in the identification, apprehension, deten-
tion, or removal of aliens not lawfully present in the
United States.’’.
Æ