I 
114TH CONGRESS 
2D SESSION 
H. R. 5853 
To amend section 287(g) of the Immigration and Nationality Act to make 
mandatory agreements under such section, to require the Secretary of 
Homeland Security to provide certain identity information to the National 
Criminal Information Center and the Law Enforcement Support Center, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 14, 2016 
Mr. LUETKEMEYER (for himself and Mr. YODER) 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 make mandatory agreements under such section, 
to require the Secretary of Homeland Security to provide 
certain identity information to the National Criminal In-
formation Center and the Law Enforcement Support 
Center, 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 Local 
Law Enforcement Act’’. 
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SEC. 2. MAKING AGREEMENTS MANDATORY. 
Section 287(g) of the Immigration and Nationality 
(8 U.S.C. 1357(g)) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) in paragraph (1), by striking ‘‘may enter’’ 
and inserting ‘‘, subject to paragraph (11), shall 
enter’’; and 
(3) by adding at the end the following: 
‘‘(11) No request from a State, or a political subdivi-
sion of a State, to enter into an agreement under this sub-
section shall be denied, and no such agreement shall be 
terminated, without a compelling reason, and the Sec-
retary of Homeland Security shall notify the Committee 
on the Judiciary of the House of Representatives and of 
the Senate in the case of such a denial or termination, 
and explain the reasons for the denial or termination. 
‘‘(12) An agreement under this subsection shall ac-
commodate any enforcement model that a State, or a po-
litical subdivision of a State, believes fits the needs of its 
jurisdiction.’’. 
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SEC. 3. TRANSFER OF INFORMATION TO THE NATIONAL 
CRIMINAL INFORMATION CENTER AND THE 
LAW ENFORCEMENT SUPPORT CENTER. 
The Secretary of Homeland Security shall ensure 
that the following information is provided to the National 
Criminal Information Center and the Law Enforcement 
Support Center: 
(1) The identity of any individual with an active 
order of removal. 
(2) The identity of any individual who has been 
removed from the United States based on any of the 
following: 
(A) Engaging in, or being suspected of en-
gaging in, terrorism or espionage, or otherwise 
posing a danger to the national security of the 
United States. 
(B) Being apprehended at the border or 
ports of entry while attempting unlawfully to 
enter the United States. 
(C) Being convicted of an offense for which 
an element was active participation in a crimi-
nal street gang, as defined in section 521(a) of 
title 18, United States Code, or in the case of 
an individual not younger than 16 years of age, 
intentional participation in an organized crimi-
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nal gang to further the illegal activity of the 
gang. 
(D) Being convicted of an offense classified 
as a felony in the convicting jurisdiction, other 
than a State or local offense for which an es-
sential element was the alien’s immigration sta-
tus. 
(E) Being convicted of an aggravated fel-
ony, as that term is defined in section 
101(a)(43) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(43)) at the time of the 
conviction. 
(3) The identity of any individual for whom a 
detainer was issued within the previous year, but 
who was not taken into custody by Federal law en-
forcement. 
SEC. 4. ISSUANCE OF DETAINERS BY LOCAL LAW ENFORCE-
MENT. 
If a State of local law enforcement official apprehends 
an individual for a crime, and the officer has a reason 
to believe the individual is an alien— 
(1) the officer is authorized to verify, using the 
information provided to the National Criminal Infor-
mation Center and the Law Enforcement Support 
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Center under section 3, if the individual is described 
in paragraph (1), (2), or (3) of such section; 
(2) if the individual is verified under paragraph 
(1) as being described in paragraph (1), (2), or (3) 
of section 3, the officer may issue a Federal detainer 
for the individual valid until the individual— 
(A) is convicted for the crime for which the 
alien is apprehended; or 
(B) is transferred into Federal custody; 
(3) the officer is authorized to transport the in-
dividual in order to be transferred into Federal cus-
tody; and 
(4) the Secretary of Homeland Security shall 
prioritize the individual for removal. 
Æ 
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