I 
117TH CONGRESS 
1ST SESSION H. R. 4796 
To provide for enhanced Federal enforcement of, and State and local assist-
ance in the enforcement of, the immigration laws of the United States, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2021 
Mr. CARTER of Georgia (for himself, Mr. WESTERMAN, Mr. VAN DREW, Ms. 
HERRELL, Mr. GIBBS, Mr. BROOKS, Mr. BUDD, Mrs. CAMMACK, Mr. 
WEBER of Texas, Mr. CAWTHORN, and Mr. KUSTOFF) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary 
A BILL 
To provide for enhanced Federal enforcement of, and State 
and local assistance in the enforcement of, the immigra-
tion laws of the United States, 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 ‘‘Empowering Law En-
forcement Act of 2021’’. 
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SEC. 2. STATE DEFINED. 
In this Act, the term ‘‘State’’ has the meaning given 
such term in section 101(a)(36) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(36)). 
SEC. 3. FEDERAL AFFIRMATION OF IMMIGRATION LAW EN-
FORCEMENT BY STATES AND POLITICAL SUB-
DIVISIONS OF STATES. 
Notwithstanding any other provision of law and re-
affirming the existing inherent authority of States, law en-
forcement personnel of a State or a political subdivision 
of a State have the inherent authority of a sovereign entity 
to investigate, identify, apprehend, arrest, detain, or 
transfer to Federal custody aliens in the United States 
(including the transportation of such aliens across State 
lines to detention centers), for the purpose of assisting in 
the enforcement of the immigration laws of the United 
States in the normal course of carrying out their law en-
forcement duties. This State authority has never been dis-
placed or preempted by Federal law. 
SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE. 
(a) PROVISION OF INFORMATION TO THE NATIONAL 
CRIME INFORMATION CENTER.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
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retary of Homeland Security shall submit to the Na-
tional Crime Information Center of the Department 
of Justice (referred to in this section as the 
‘‘NCIC’’) any information in the possession of the 
Secretary related to— 
(A) any alien against whom a final order 
of removal has been issued; 
(B) any alien who is subject to a voluntary 
departure agreement; 
(C) any alien who has remained in the 
United States beyond the alien’s authorized pe-
riod of stay; and 
(D) any alien whose visa has been revoked. 
(2) REQUIREMENT TO PROVIDE AND USE IN-
FORMATION.—The information described in para-
graph (1) shall be submitted to the NCIC, and the 
NCIC shall enter such information into the Immi-
gration Violators File of the NCIC database, regard-
less of whether— 
(A) the alien received notice of a final 
order of removal; 
(B) the alien has already been removed; or 
(C) sufficient identifying information is 
available for the alien, such as a physical de-
scription of the alien. 
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(b) INCLUSION OF INFORMATION ABOUT IMMIGRA-
TION LAW VIOLATIONS IN THE NCIC DATABASE.—Sec-
tion 534(a) of title 28, United States Code, is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) acquire, collect, classify, and preserve 
records of violations of the immigration laws of the 
United States, regardless of whether the alien has 
received notice of the violation, sufficient identifying 
information is available for the alien, or the alien 
has already been removed; and.’’. 
(c) PERMISSION TO DEPART VOLUNTARILY.—Sec-
tion 240B of the Immigration and Nationality Act (8 
U.S.C. 1229c) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
that term appears and inserting ‘‘Secretary of 
Homeland Security’’; and 
(2) in subsection (a)(2)(A), by striking ‘‘120 
days’’ and inserting ‘‘30 days’’. 
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SEC. 5. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE-
HENDED BY STATE OR LOCAL LAW ENFORCE-
MENT. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
inserting after section 240C the following: 
‘‘SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE 
TO FEDERAL CUSTODY. 
‘‘(a) ILLEGAL ALIEN DEFINED.—In this section, the 
term ‘illegal alien’ means an alien who— 
‘‘(1) entered the United States without inspec-
tion or at any time or place other than that des-
ignated by the Secretary of Homeland Security; 
‘‘(2) was admitted as a nonimmigrant and, at 
the time the alien was taken into custody by the 
State or political subdivision, had failed— 
‘‘(A) to maintain the nonimmigrant status 
in which the alien was admitted or to which it 
was changed under section 248; or 
‘‘(B) to comply with the conditions of the 
status described in subparagraph (A); 
‘‘(3) was admitted as an immigrant and subse-
quently failed to comply with the requirements of 
such status; or 
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‘‘(4) failed to depart the United States as re-
quired under a voluntary departure agreement or 
under a final order of removal. 
‘‘(b) IN GENERAL.—If the head of a law enforcement 
entity of a State (or, if appropriate, a political subdivision 
of the State), exercising authority with respect to the ap-
prehension or arrest of an illegal alien, submits a request 
to the Secretary of Homeland Security that the alien be 
taken into Federal custody, the Secretary shall— 
‘‘(1)(A) not later than 72 hours after the con-
clusion of the State charging process or dismissal 
process (or if no State charging or dismissal process 
is required, not later than 72 hours after the alien 
is apprehended), take the alien into the custody of 
the Federal Government and incarcerate the alien; 
or 
‘‘(B) request that the relevant State or local 
law enforcement agency temporarily detain or trans-
port the alien to a location for transfer to Federal 
custody; and 
‘‘(2) designate at least 1 Federal, State, or 
local prison or jail or a private contracted prison or 
detention facility within each State as the central fa-
cility for law enforcement entities of such State to 
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transfer custody of criminal or illegal aliens to the 
Department of Homeland Security. 
‘‘(c) REIMBURSEMENT.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall reimburse a State or a political sub-
division of a State for all reasonable expenses, as de-
termined by the Secretary, incurred by the State or 
political subdivision in the detention and transpor-
tation of a criminal or illegal alien under subsection 
(b)(1). 
‘‘(2) COST COMPUTATION.—The amount reim-
bursed for costs incurred in the detention and trans-
portation of a criminal or illegal alien under sub-
section (b)(1) shall be equal to the sum of— 
‘‘(A) the product of— 
‘‘(i) the average cost of incarceration 
of a prisoner in the relevant State, as de-
termined by the chief executive officer of 
the State (or, as appropriate, a political 
subdivision of the State); and 
‘‘(ii) the number of days that the alien 
was in the custody of the State or political 
subdivision; and 
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‘‘(B) the cost of transporting the criminal 
or illegal alien from the point of apprehension 
or arrest to— 
‘‘(i) the location of detention; and 
‘‘(ii) if the location of detention and of 
custody transfer are different, to the cus-
tody transfer point. 
‘‘(d) REQUIREMENT FOR APPROPRIATE SECURITY.— 
The Secretary of Homeland Security shall ensure that ille-
gal aliens incarcerated in Federal facilities under this sec-
tion are held in facilities that provide an appropriate level 
of security. 
‘‘(e) SCHEDULE REQUIREMENT.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security shall es-
tablish a regular circuit and schedule for the prompt 
transfer of apprehended illegal aliens from the cus-
tody of States and political subdivisions of States to 
Federal custody. 
‘‘(2) AUTHORITY FOR CONTRACTS.—The Sec-
retary of Homeland Security may enter into con-
tracts with appropriate State and local law enforce-
ment and detention officials to implement this sec-
tion.’’. 
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(b) CLERICAL AMENDMENT.—The table of contents 
for the Immigration and Nationality Act (8 U.S.C. 1101 
et seq.) is amended by inserting after the item relating 
to section 240C the following: 
‘‘Sec. 240D. Transfer of illegal aliens from State to Federal custody.’’. 
SEC. 6. DETENTION OF DANGEROUS ALIENS. 
(a) IN GENERAL.—Section 241(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1231(a)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears, except for the first reference in 
paragraph (4)(B)(i), and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) in paragraph (1), by striking subparagraphs 
(B) and (C) and inserting the following: 
‘‘(B) BEGINNING
OF
PERIOD.—The re-
moval period begins on the latest of— 
‘‘(i) the date on which the order of re-
moval becomes administratively final; 
‘‘(ii) if the alien is not in the custody 
of the Secretary of Homeland Security on 
the date on which the order of removal be-
comes administratively final, the date on 
which the alien is taken into such custody; 
or 
‘‘(iii) if the alien is detained or con-
fined (except under an immigration proc-
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ess) on the date on which the order of re-
moval becomes administratively final, the 
date on which the alien is taken into the 
custody of the Secretary of Homeland Se-
curity after the alien is released from such 
detention or confinement. 
‘‘(C) EXTENSION OF PERIOD.— 
‘‘(i) IN GENERAL.—The removal pe-
riod shall be extended beyond a period of 
90 days and the Secretary of Homeland 
Security may, in the Secretary’s sole dis-
cretion, keep the alien in detention during 
such extended period if— 
‘‘(I) the alien fails or refuses to 
make all reasonable efforts to comply 
with the removal order, or to fully co-
operate with the Secretary’s efforts to 
establish the alien’s identity and carry 
out the removal order, including— 
‘‘(aa) making timely applica-
tion in good faith for travel or 
other documents necessary for 
the alien’s departure; or 
‘‘(bb) conspiring or acting to 
prevent the removal of an alien 
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that is subject to an order of re-
moval; 
‘‘(II) a court, the Board of Immi-
gration Appeals, or an immigration 
judge orders a stay of removal of an 
alien who is subject to an administra-
tively final order of removal; 
‘‘(III) 
the 
Secretary 
lawfully 
transfers custody of the alien to an-
other Federal agency or to a State or 
local government agency in connection 
with the official duties of such agency; 
or 
‘‘(IV) a court or the Board of 
Immigration Appeals orders a remand 
to the immigration judge or to the 
Board of Immigration Appeals while 
the case is pending a decision on re-
mand (with the removal period begin-
ning anew on the date on which the 
alien is ordered removed on remand). 
‘‘(ii) RENEWAL.—If the removal pe-
riod has been extended pursuant to clause 
(i), a new removal period shall begin on 
the date on which— 
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‘‘(I) the alien makes all reason-
able efforts to comply with the re-
moval order or to fully cooperate with 
the Secretary of Homeland Security’s 
efforts to establish the alien’s identity 
and carry out the removal order; 
‘‘(II) the stay of removal is no 
longer in effect; or 
‘‘(III) the alien is returned to the 
custody of the Secretary. 
‘‘(iii) MANDATORY
DETENTION
FOR 
CERTAIN
ALIENS.—The Secretary shall 
keep 
an 
alien 
described 
in 
section 
236(c)(1) in detention during the extended 
period described in clause (i). 
‘‘(iv) SOLE
FORM
OF
RELIEF.—An 
alien may seek relief from detention under 
this subparagraph by filing an application 
for a writ of habeas corpus in accordance 
with chapter 153 of title 28, United States 
Code. No alien whose period of detention is 
extended under this subparagraph shall 
have the right to seek release on bond.’’; 
(3) in paragraph (3)— 
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(A) by inserting ‘‘or is not detained pursu-
ant to paragraph (6)’’ after ‘‘removal period’’; 
and 
(B) in subparagraph (D), by inserting ‘‘in 
order to prevent the alien from absconding, for 
the protection of the community, or for other 
purposes related to the enforcement of the im-
migration laws’’ before the period at the end; 
(4) in paragraph (4)(A), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘in subparagraph (B)’’; and 
(5) by amending paragraph (6) to read as fol-
lows: 
‘‘(6) ADDITIONAL RULES FOR DETENTION OR 
RELEASE OF CERTAIN ALIENS.— 
‘‘(A) DETENTION
REVIEW
PROCESS
FOR 
COOPERATIVE ALIENS.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security shall establish an ad-
ministrative review process to determine 
whether an alien who is not otherwise sub-
ject to mandatory detention, who has made 
all reasonable efforts to comply with a re-
moval order and to cooperate fully with the 
Secretary’s efforts to establish the alien’s 
identity and to carry out the removal 
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order, including making timely application 
in good faith for travel or other documents 
necessary to the alien’s departure, and who 
has not conspired or acted to prevent re-
moval, should be detained or released on 
conditions. 
‘‘(ii) 
DETERMINATION.—The 
Sec-
retary of Homeland Security shall deter-
mine whether to release an alien after the 
removal period in accordance with sub-
paragraph (B). Such determination shall 
include the consideration of any evidence 
submitted by the alien and may include the 
consideration of any other evidence, includ-
ing any information or assistance provided 
by the Secretary of State or other Federal 
official and any other information available 
to the Secretary of Homeland Security per-
taining to the ability to remove the alien. 
‘‘(B) AUTHORITY TO DETAIN BEYOND RE-
MOVAL PERIOD.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security, in the sole discretion 
of the Secretary, may continue to detain 
an alien for 90 days beyond the removal 
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period (including any extension of the re-
moval period under paragraph (1)(C)). An 
alien whose detention is extended under 
this subparagraph is not entitled to seek 
release on bond. 
‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 
Secretary of Homeland Security, in the 
sole discretion of the Secretary, may con-
tinue to detain an alien beyond the 90 
days authorized under clause (i)— 
‘‘(I) until the alien is removed, if 
the Secretary, in the sole discretion of 
the Secretary, determines that there is 
a 
significant 
likelihood 
that 
the 
alien— 
‘‘(aa) will be removed in the 
reasonably foreseeable future; or 
‘‘(bb) would be removed in 
the reasonably foreseeable future, 
or would have been removed, but 
for the alien’s failure or refusal 
to make all reasonable efforts to 
comply with the removal order, 
or to cooperate fully with the 
Secretary’s efforts to establish 
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the alien’s identity and carry out 
the 
removal 
order, 
including 
making 
timely 
application 
in 
good faith for travel or other doc-
uments necessary to the alien’s 
departure, or conspires or acts to 
prevent removal; 
‘‘(II) until the alien is removed, 
if the Secretary of Homeland Security 
certifies in writing— 
‘‘(aa) in consultation with 
the Secretary of Health and 
Human Services, that the alien 
has a highly contagious disease 
that poses a threat to public safe-
ty; 
‘‘(bb) after receipt of a writ-
ten recommendation from the 
Secretary of State, that release 
of the alien is likely to have seri-
ous adverse foreign policy con-
sequences for the United States; 
‘‘(cc) based on information 
available to the Secretary of 
Homeland 
Security 
(including 
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classified, sensitive, or national 
security information, and without 
regard to the grounds upon 
which the alien was ordered re-
moved), that there is reason to 
believe that the release of the 
alien would threaten the national 
security of the United States; or 
‘‘(dd) that the release of the 
alien will threaten the safety of 
the community or any person, 
conditions of release cannot rea-
sonably be expected to ensure the 
safety of the community or any 
person, and either— 
‘‘(AA) the alien has 
been convicted of 1 or more 
aggravated felonies (as de-
fined 
in 
section 
101(a)(43)(A)), 
of 
or 
more crimes identified by 
the Secretary of Homeland 
Security by regulation, or of 
1 or more attempts or con-
spiracies to commit any such 
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aggravated felonies or such 
identified crimes, if the ag-
gregate term of imprison-
ment for such attempts or 
conspiracies is at least 5 
years; or 
‘‘(BB) the alien has 
committed 1 or more crimes 
of violence (as defined in 
section 
of 
title 
18, 
United States Code, exclud-
ing purely political offenses, 
and the alien, because of a 
mental condition or person-
ality disorder and behavior 
associated with such condi-
tion or disorder, is likely to 
engage in acts of violence in 
the future; or 
‘‘(III) pending a certification 
under subclause (II), if the Secretary 
of Homeland Security initiates the ad-
ministrative review process not later 
than 30 days after the expiration of 
the removal period (including any ex-
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tension of the removal period under 
paragraph (1)(C)). 
‘‘(iii) NO RIGHT TO BOND HEARING.— 
An alien whose detention is extended under 
this subparagraph is not entitled to seek 
release on bond, including by reason of a 
certification under clause (ii)(II). 
‘‘(C) RENEWAL AND DELEGATION OF CER-
TIFICATION.— 
‘‘(i) RENEWAL.—The Secretary of 
Homeland Security may renew a certifi-
cation 
under 
subparagraph 
(B)(ii)(II) 
every 6 months, after providing an oppor-
tunity for the alien to request reconsider-
ation of the certification and to submit 
documents or other evidence in support of 
that request. If the Secretary does not 
renew the certification, the Secretary may 
not continue to detain the alien under sub-
paragraph (B)(ii)(II). 
‘‘(ii) DELEGATION.—Notwithstanding 
section 103, the Secretary of Homeland 
Security may not delegate the authority to 
make or renew a certification described in 
item (bb), (cc), or (dd) of subparagraph 
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(B)(ii)(II) below the level of the Assistant 
Secretary for Immigration and Customs 
Enforcement. 
‘‘(iii) HEARING.—The Secretary of 
Homeland Security may request that the 
Attorney General or the Attorney General’s 
designee provide for a hearing to make the 
determination described in item (dd)(BB) 
of subparagraph (B)(ii)(II). 
‘‘(D) RELEASE
ON
CONDITIONS.—If a 
Federal court or the Board of Immigration Ap-
peals determines that an alien should be re-
leased from detention or if an immigration 
judge orders a stay of removal, the Secretary of 
Homeland Security, in discretion of the Sec-
retary, may impose conditions on release in ac-
cordance with paragraph (3). 
‘‘(E) REDETENTION.— 
‘‘(i) IN GENERAL.—The Secretary of 
Homeland Security, in the discretion of the 
Secretary, without any limitations other 
than those specified in this section, may 
redetain any alien subject to a final re-
moval order who is released from custody 
if— 
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‘‘(I) removal becomes likely in 
the reasonably foreseeable future; 
‘‘(II) the alien fails to comply 
with the conditions of release or to 
continue to satisfy the conditions de-
scribed in subparagraph (A); or 
‘‘(III) upon reconsideration, the 
Secretary, in the sole discretion of the 
Secretary, determines that the alien 
can be detained under subparagraph 
(B). 
‘‘(ii) APPLICABILITY.—This section 
shall apply to any alien returned to cus-
tody pursuant to this subparagraph as if 
the removal period terminated on the first 
day of such redetention. 
‘‘(F) REVIEW
OF
DETERMINATIONS
BY 
SECRETARY.—A determination by the Secretary 
of Homeland Security under this paragraph 
shall not be subject to review by any other 
agency.’’. 
(b) DETENTION OF ALIENS DURING REMOVAL PRO-
CEEDINGS.—Section 236 of the Immigration and Nation-
ality Act (8 U.S.C. 1226) is amended— 
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