I 
117TH CONGRESS 
1ST SESSION 
H. R. 506 
To provide for the effective use of immigration detainers to enhance public 
safety. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2021 
Mr. BISHOP of North Carolina (for himself, Mr. BUDD, Mr. HUDSON, Mrs. 
HINSON, Mr. GAETZ, Mr. DUNCAN, Mr. GOOD
of Virginia, Mr. 
CAWTHORN, Mr. CARTER of Georgia, Ms. HERRELL, Mr. GOODEN of 
Texas, Mr. BABIN, and Mr. MCCLINTOCK) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To provide for the effective use of immigration detainers 
to enhance public safety. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Immigration Detainer Enforcement Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Sense of Congress. 
Sec. 3. Purpose. 
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Sec. 4. Immigration detainer authorities of the Department of Homeland Secu-
rity. 
Sec. 5. Effective coordination with State, tribal, and local law enforcement 
agencies. 
Sec. 6. Compensating States for detaining criminal aliens. 
Sec. 7. Priority for distributing Federal funding and property to State and local 
law enforcement. 
SEC. 2. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the removal of criminal aliens promotes 
public safety, national security, border security, and 
the integrity of the immigration system; 
(2) detainers have proven to be a useful law en-
forcement tool that serve to expedite and improve 
the efficiency of the removal process by enabling the 
Department of Homeland Security to assume cus-
tody in a timely manner of aliens in the custody of 
Federal, State, tribal, or local law enforcement agen-
cies; and 
(3) several States and localities have limited 
their cooperation with immigration detainers issued 
by the Department of Homeland Security and lim-
ited the Department of Homeland Security’s access 
to information regarding the release of criminal 
aliens in their custody, which has resulted in the re-
lease of dangerous criminal aliens into local commu-
nities. 
SEC. 3. PURPOSE. 
The purposes of this Act are— 
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(1) to limit recidivist criminal activity through 
the removal of criminal aliens released from Federal, 
State, tribal, or local custody; 
(2) to facilitate cooperation between Federal, 
State, tribal, and local law enforcement agencies 
with regard to immigration enforcement and infor-
mation sharing; and 
(3) to limit the burden on Federal, State, tribal, 
and local law enforcement agencies that cooperate 
with the Department of Homeland Security in its 
prioritized immigration enforcement. 
SEC. 4. IMMIGRATION DETAINER AUTHORITIES OF THE DE-
PARTMENT OF HOMELAND SECURITY. 
Section 287 of the Immigration and Nationality Act 
(8 U.S.C. 1357) is amended— 
(1) in subsection (a)(2), by striking ‘‘and is 
likely to escape before a warrant can be obtained for 
his arrest’’; and 
(2) by amending subsection (d) to read as fol-
lows: 
‘‘(d) DETAINER OF CRIMINAL ALIENS.— 
‘‘(1) IN GENERAL.—If an individual is arrested 
by a Federal, State, tribal, or local law enforcement 
official for a violation of any criminal law, the Sec-
retary of Homeland Security (or his or her designee) 
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may issue a detainer to the arresting agency if there 
is reason to believe the individual is an alien who 
may be removable from the United States. Notwith-
standing any other provision of law, no court shall 
have jurisdiction to review the discretionary decision 
or action by the Secretary of Homeland Security (or 
his or her designee) to issue a detainer under this 
paragraph. 
‘‘(2) TRANSFER
OF
CUSTODY.—Upon the 
issuance of a detainer by the Secretary of Homeland 
Security (or his or her designee) with respect to an 
alien described in paragraph (1), the arresting Fed-
eral, State, tribal, or local law enforcement agency 
is authorized to maintain custody of the alien for a 
period not to exceed 48 hours in order to transfer 
custody of the alien to the Department of Homeland 
Security. 
‘‘(3) INDEMNIFICATION.— 
‘‘(A) IN
GENERAL.—Under such regula-
tions as the Secretary of Homeland Security 
shall prescribe, the Secretary (or his or her des-
ignee) may enter into agreements with State, 
tribal, and local law enforcement agencies to in-
demnify such agencies against claims (including 
reasonable expenses of litigation or settlement) 
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by third parties for wrongful detention resulting 
from detainers issued without reason to believe 
that the individual is an alien who may be re-
movable from the United States. 
‘‘(B) LIMITATION.—Indemnification under 
subparagraph (A) does not extend to claims re-
lating to the negligence or willful misconduct of 
a Federal, State, tribal, or local law enforce-
ment agency or the conditions of detention in 
the facility used by such agency to detain the 
individual subject to the detainer. 
‘‘(C) ADDITIONAL CONDITIONS.—Each in-
demnification agreement entered into pursuant 
to subparagraph (A) shall— 
‘‘(i) require the State, tribal, or local 
law enforcement agency to notify the 
United States Government of any suit or 
claim against such agency for wrongful de-
tention; 
‘‘(ii) authorize the United States Gov-
ernment, at its elections, to control or as-
sist in the defense of such suit or claim; 
and 
‘‘(iii) limit the amount of indemnifica-
tion to a sum certified by the Secretary (or 
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his or her designee) that is just and rea-
sonable.’’. 
SEC. 5. EFFECTIVE COORDINATION WITH STATE, TRIBAL, 
AND LOCAL LAW ENFORCEMENT AGENCIES. 
(a) IN GENERAL.—Section 642 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373) is amended to read as follows: 
‘‘SEC. 642. COMMUNICATION AND COOPERATION BETWEEN 
GOVERNMENT AGENCIES AND THE DEPART-
MENT OF HOMELAND SECURITY. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of Federal, State, tribal, or local law, a Federal, 
State, tribal, or local government entity or official may 
not prohibit, or restrict in any way, any government entity 
or official from sending to, or receiving from, the Depart-
ment of Homeland Security information regarding the citi-
zenship or immigration status (lawful or unlawful) of any 
individual. 
‘‘(b) ADDITIONAL AUTHORITY OF GOVERNMENT EN-
TITIES.—Notwithstanding any other provision of Federal, 
State, tribal, or local law, no person or agency may pro-
hibit, or restrict in any way, a Federal, State, tribal, or 
local government entity from— 
‘‘(1) sending information regarding the citizen-
ship or immigration status (lawful or unlawful) of 
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any individual to, or requesting or receiving such in-
formation from, the Department of Homeland Secu-
rity; 
‘‘(2) exchanging citizenship or immigration sta-
tus information described in paragraph (1) with any 
other Federal, State, tribal, or local government en-
tity; 
‘‘(3) providing the Department of Homeland 
Security with access to information in Federal, 
State, tribal, or local government databases regard-
ing individuals with respect to whom a detainer has 
been issued, including when such individuals will be 
released from criminal custody; and 
‘‘(4) maintaining custody of an individual pur-
suant to section 287(d)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1357(d)(2)). 
‘‘(c) OBLIGATION TO RESPOND TO INQUIRIES.—The 
Secretary of Homeland Security shall respond to an in-
quiry by a Federal, State, tribal, or local government 
agency that seeks to verify or ascertain the citizenship or 
immigration status of any individual within the jurisdic-
tion of the agency for any purpose authorized by law, by 
providing the requested verification or status informa-
tion.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
for the Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (division C of Public Law 104– 
208; 8 U.S.C. 1101 note) is amended by amending the 
item relating to 642 to read as follows: 
‘‘Sec. 642. Communication and cooperation between government agencies and 
the Department of Homeland Security.’’. 
SEC. 6. COMPENSATING STATES FOR DETAINING CRIMINAL 
ALIENS. 
Section 241 of the Immigration and Nationality Act 
(8 U.S.C. 1231(i)) is amended to read as follows: 
‘‘(i) INCARCERATION OR DETENTION.— 
‘‘(1) DEFINED TERM.—In this subsection, the 
term ‘undocumented criminal alien’ means an alien 
who— 
‘‘(A) has been convicted of a felony or of 
2 or more misdemeanors; and 
‘‘(B)(i) entered the United States without 
inspection or at any time or place other than as 
designated by the Secretary of Homeland Secu-
rity; 
‘‘(ii) was the subject of exclusion, deporta-
tion, or removal proceedings at the time the 
alien was taken into custody by the State or a 
political subdivision of the State; or 
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‘‘(iii)(I) was admitted as a nonimmigrant; 
and 
‘‘(II) at the time the alien was taken into 
custody by the State or a political subdivision 
of the State— 
‘‘(aa) failed to maintain the non-
immigrant status in which the alien was 
admitted or to which it was changed under 
section 248; or 
‘‘(bb) failed to comply with the condi-
tions of any such status. 
‘‘(2) IN GENERAL.—If the governor of a State 
(or, if appropriate, the chief executive officer of a 
political subdivision of the State), exercising author-
ity with respect to the incarceration or detention of 
an undocumented criminal alien, submits a written 
request to the Attorney General, the Attorney Gen-
eral may— 
‘‘(A) enter into a contractual arrangement 
providing for compensation to the State or a 
political subdivision of the State, as may be ap-
propriate, with respect to the incarceration or 
detention of the undocumented criminal alien; 
or 
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‘‘(B) take the undocumented criminal alien 
into the custody of the Federal Government and 
incarcerate or detain the alien. 
‘‘(3) DETENTION SECURITY.—In carrying out 
paragraph (2), the Attorney General shall— 
‘‘(A) give priority to the Federal incarcer-
ation of undocumented criminal aliens who have 
committed aggravated felonies; and 
‘‘(B) ensure that undocumented criminal 
aliens incarcerated or detained in Federal facili-
ties pursuant to this subsection are held in fa-
cilities that provide a level of security appro-
priate to the crimes for which they were 
charged or convicted. 
‘‘(4) AMOUNT OF COMPENSATION.— 
‘‘(A) IN
GENERAL.—Compensation pro-
vided for each day an undocumented criminal 
alien is detained by a State or a political sub-
division of a State pursuant to a contract under 
paragraph (2)(A) shall be equal to the average 
daily cost of incarceration or detention of a 
prisoner in the relevant State, as determined by 
the Attorney General. 
‘‘(B) CERTIFICATION REQUIREMENT.— 
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‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security shall— 
‘‘(I) promulgate regulations es-
tablishing detainer compliance cri-
teria; and 
‘‘(II) periodically submit a certifi-
cation to the Attorney General that 
identifies which States and political 
subdivisions of a State have not com-
plied with detainer requests received 
from the Department of Homeland 
Security. 
‘‘(ii) FUNDING
LIMITATION.—Funds 
may only be provided to States and polit-
ical subdivisions of States under this sub-
section that— 
‘‘(I) are not identified in a cer-
tification described in clause (i)(II); 
and 
‘‘(II) are cooperating with the 
Secretary with respect to each de-
tainer lodged against an individual in 
the custody of the State or political 
subdivision of the State in accordance 
with section 287(d) and the regula-
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tions promulgated pursuant to clause 
(i)(I). 
‘‘(C) EFFECT OF NONCOMPLIANCE.—Any 
State or political subdivision of a State that 
fails to substantially comply with detainers 
issued by the Department of Homeland Secu-
rity shall be ineligible for any funding under 
this subsection during the fiscal year in which 
such failure occurs. 
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(A) IN GENERAL.—There are authorized 
to be appropriated to carry out this sub-
section— 
‘‘(i) $750,000,000 for fiscal year 
2020; 
‘‘(ii) $850,000,000 for fiscal year 
2021; and 
‘‘(iii) $950,000,000 for each of the 
fiscal years 2022 through 2026. 
‘‘(B) LIMITATION.—Amounts appropriated 
pursuant to subparagraph (A) that are distrib-
uted to a State or a political subdivision of a 
State may only be used for correctional pur-
poses.’’. 
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SEC. 7. PRIORITY FOR DISTRIBUTING FEDERAL FUNDING 
AND PROPERTY TO STATE AND LOCAL LAW 
ENFORCEMENT. 
(a) ANNUAL
CERTIFICATION.—The Secretary of 
Homeland Security shall annually submit a written certifi-
cation to the Attorney General that identifies the States 
and units of local government that are not complying with 
detainers issued pursuant to section 287(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1357(d)). 
(b) PRIORITY FOR COMPLIANT JURISDICTIONS.—The 
Attorney General shall give priority to the jurisdictions 
that are not listed in the certification described in sub-
section (a) when selecting recipients of— 
(1) funding from the Edward Byrne Memorial 
Justice Assistance Grant Program authorized under 
title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10151 et seq.); 
(2) excess Federal equipment purchased pursu-
ant to section 281 of title 10, United States Code 
(commonly referred to as the 1122 Program); and 
(3) excess Federal property transferred pursu-
ant to section 2576a of title 10, United States Code 
(commonly referred to as the 1033 Program). 
Æ 
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