Protect Communities from a Porous Border Act of 2021
Bill: H.R.5831 | Sponsor: Rep. Arrington, Jodey C. (R-TX)
Policy area: Immigration

Summary:
Protect Communities from a Porous Border Act of 2021
This bill requires the Department of Homeland Security (DHS) to notify a state before placing an alien in that state and gives the state final authority to prohibit such a placement.
At least 10 business days before placing (e.g., detaining or housing) such an individual in a state, DHS must provide certain information to that state, including (1) the individual's biographic and biometric information, including DNA; and (2) a certification that the biometric and biographic information has been checked in various law enforcement and counterterrorism databases.
No federal court shall have jurisdiction to review (1) the requirements and procedures established under this bill, or (2) a decision by a state to prohibit the placement of such an individual in the state. The bill also prohibits any federal official from waiving any of the bill's requirements.

To provide for the mandatory detention of aliens who are security risks 
 or present insufficient or false credentials, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Communities from a Porous 
Border Act of 2021''.

SEC. 2. NOTIFICATION OF IN-STATE DETENTION, HOUSING, OR TRANSFER OF 
              NON-ASYLUM APPLICANT ALIENS.

    (a) In General.--The Secretary of Homeland Security shall notify 
the Governor of a State of the Secretary of Homeland Security's intent 
to detain or house an alien in any public or private facility in that 
State, or transfer financial or other responsibility for an alien to 
any public or private entity in that State, and provide the 
certification required by subsection (b) no fewer than 10 business days 
prior to the proposed date of detention, housing, or transfer.
    (b) Required Certification and Information for Alien Fitness.--The 
Secretary of Homeland Security shall provide the following 
certification and information simultaneous to the alien detention, 
housing, or transfer notification required in subsection (a):
            (1) That appropriate biographic and biometric information, 
        including fingerprints and DNA, has been collected from each 
        alien, and that such biographic and biometric information has 
        been shared with the State government.
            (2) That each alien's biographic and biometric information 
        has been cross-checked with the Federal Bureau of 
        Investigation's Uniform Crime Database (UCR) and Combined DNA 
        Index System (CODIS), the National Crime Information Center 
        (NCIC), and other appropriate Federal and non-Federal domestic 
        law enforcement and counterterrorism databases, and that such 
        alien was not detected in any of those databases.
            (3) That each alien's biographic and biometric information 
        has been cross-checked with the International Criminal Police 
        Organization's INTERPOL database and other appropriate 
        international law enforcement and counterterrorism databases, 
        and that such alien was not detected in any of those databases.
            (4) Any information pertaining to the alien that was 
        detected during a database check described in this subsection.
    (c) General Applicability to Aliens.--The requirements of 
subsections (a) and (b) shall be required for the attempted detention, 
housing, or transfer of--
            (1) any alien who is admitted pursuant to the U.S. Refugee 
        Admissions Program or any other Federal refugee relief or 
        resettlement program;
            (2) any alien who is paroled by any Federal official into 
        the United States or humanitarian or other reason; and
            (3) any alien who is deemed by any Federal official to be 
        an unaccompanied alien child (as such term is defined in 
        section 462 of the Homeland Security Act of 2002 (6 U.S.C. 
        279)).
    (d) No Federal Court Jurisdiction.--No Federal court shall have 
jurisdiction to review any of the requirements or procedures 
established either pursuant to this section or pursuant to any 
regulation promulgated under the authority of this section.

SEC. 3. PROHIBITION ON IN-STATE DETENTION, HOUSING, OR TRANSFER OF NON-
              ASYLUM APPLICANT ALIENS.

    (a) In General.--The Governor of a State shall have plenary and 
final authority to determine whether to permit the Secretary of 
Homeland Security to detain or house an alien in any public or private 
facility in that State, or transfer financial or other responsibility 
for an alien to any public or private entity in that State.
    (b) Prohibition on Detention, Housing, or Transfer.--Upon the 
notification required by section 3, the Governor of a State may, at the 
Governor's discretion and subsequent to consultation with local 
officials (including city or county chief executives, city or county 
law enforcement agency heads, and city or county council members), 
decline the Secretary's proposal to detain or house an alien in any 
public or private facility in that State, or transfer financial or 
other responsibility for an alien to any public or private entity in 
that State.
    (c) Parameters of Regulations Governing In-State Detention, 
Housing, and Transfer of Non-Asylum Applicant Aliens.--Regulations 
pursuant to this section shall not in any way limit or restrict the 
provisions of this section, but shall be limited to the following 
areas:
            (1) The format and method of the Secretary's notification 
        to a Governor regarding the Secretary's intent to place an 
        alien in any public or private facility in that State.
            (2) The use of additional Federal, non-Federal, and 
        international law enforcement and counterterrorism databases 
        for pre-placement alien screening.
    (d) No Federal Court Jurisdiction.--No Federal court shall have 
jurisdiction to review any decision made by the Governor of a State 
pursuant to this section.

SEC. 4. NO WAIVER AUTHORITY.

    Neither the Secretary of Homeland Security nor any other Federal 
official shall have the authority to waive any of the requirements 
established in this Act.
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