Immigration Transparency and Transit Notification Act of 2022
Bill: H.R.6592 | Sponsor: Rep. Meuser, Daniel (R-PA)
Policy area: Immigration

Summary:
Immigration Transparency and Transit Notification Act of 2022
This bill requires notifications to certain officials before an unaccompanied alien child or a non-U.S. national (alien under federal law) without lawful immigration status may be placed in or transported to a state or local jurisdiction. The bill also authorizes the office of the governor of the relevant state to prohibit the placement or transportation.
At least seven calendar days before taking such an action, the Department of Homeland Security (DHS) or the Department of Health and Human Services (HHS) must notify (1) the relevant state governor's office, (2) the state attorney general's office, (3) the county or municipal government, (4) local law enforcement, and (5) federal and state legislators representing the relevant jurisdiction.
The action may not take place if the state governor's office objects no later than three calendar days after receiving the notification. This authority to object shall not apply if the action is to place an unaccompanied child with, or transport the child to, a family member.

To require the Secretary of Homeland Security and the Secretary of 
 Health and Human Services to notify the relevant Federal, State, and 
  local officials of a jurisdiction before placing a covered alien in 
               such jurisdiction, 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 ``Immigration Transparency and Transit 
Notification Act of 2022''.

SEC. 2. STATE INVOLVEMENT IN THE PLACEMENT OF COVERED ALIENS.

    (a) Notification Required.--
            (1) In general.--The Secretary of Homeland Security or the 
        Secretary of Health and Human Services, as applicable, shall 
        notify the relevant Federal, State, and local officials of a 
        jurisdiction at least 7 calendar days before--
                    (A) transporting a covered alien to such 
                jurisdiction by airplane, motor vehicle, or other means 
                for disembarkment (even if such transporting or related 
                processing is carried out on behalf of the Federal 
                Government by a private entity); or
                    (B) placing a covered alien in such jurisdiction.
            (2) Contents.--In the case of a notification under 
        paragraph (1) to the Governor of a State, the Secretary of 
        Homeland Security or the Secretary of Health and Human 
        Services, as applicable, shall supplement the notification, for 
        each covered alien, to include the following:
                    (A) Name.
                    (B) Date of birth.
                    (C) Verification of the covered alien's country of 
                nationality, consisting of--
                            (i) a copy of a government-issued identity 
                        document of the covered alien from that 
                        country; or
                            (ii) if the covered alien does not have 
                        such a document, other such verification.
                    (D) Any biometrics collected from the covered 
                alien.
                    (E) Proof of completion of any required background 
                check, the results of any background check, and any 
                criminal history information, if applicable.
                    (F) Final destination.
                    (G) Sponsor information, if applicable, including 
                the sponsor's name, date of birth, immigration status, 
                and address.
    (b) Opportunity for Governor To Object.--
            (1) Objection.--Not later than 3 calendar days after 
        receiving a notification under subsection (a), the Governor of 
        a State in which a covered alien is proposed to be placed or 
        transported for disembarkment may submit to the Secretary of 
        Homeland Security or the Secretary of Health and Human 
        Services, as applicable, a written objection to the proposed 
        placement or disembarkment in that State.
            (2) Alternate placement required.--In the case that the 
        Governor of a State objects to the placement or disembarkment 
        of a covered alien in that State under paragraph (1), the 
        Secretary of Homeland Security and the Secretary of Health and 
        Human Services may not place or transport for disembarkment the 
        covered alien in that State.
            (3) Exception.--Paragraph (2) does not apply in the case of 
        placement of an unaccompanied alien child with, or transport of 
        an unaccompanied alien child to, a family member in accordance 
        with section 235 of the William Wilberforce Trafficking Victims 
        Protection Reauthorization Act of 2008 (8 U.S.C. 1232).
    (c) Definitions.--In this section:
            (1) The term ``unaccompanied alien child'' has the meaning 
        given to such term in section 462 of the Homeland Security Act 
        of 2002 (6 U.S.C. 279).
            (2) The term ``covered alien'' means--
                    (A) an unaccompanied alien child; or
                    (B) an alien without lawful immigration status.
            (3) The term ``disembarkment'' excludes disembarking at an 
        airport for transfer to another airplane at that airport unless 
        the final destination is in the same State as the transfer 
        airport.
            (4) The term ``family member'' means an individual 
        described in any of subparagraphs (1) through (4) of section 
        410.301 of title 45, Code of Federal Regulations (as in effect 
        on the date of enactment of this Act).
            (5) The terms ``place'' and ``placement'' include placing a 
        covered alien on a temporary basis in juvenile or other 
        housing.
            (6) The term ``relevant Federal, State, and local 
        officials'' means, with respect to a jurisdiction referred to 
        in subsection (a), the following officials:
                    (A) The Governor of the State.
                    (B) The Attorney General of the State.
                    (C) The head of any county or municipal government 
                that includes such jurisdiction.
                    (D) The head or heads of local law enforcement in 
                such jurisdiction.
                    (E) Federal and State legislators elected to 
                represent a State or district including such 
                jurisdiction.

SEC. 3. QUARTERLY REPORTS TO CONGRESS.

    Not less than quarterly each year, the Secretary of Homeland 
Security and the Secretary of Health and Human Services shall each 
submit to the Chair and ranking member of each of the Committee on 
Homeland Security and the Committee on the Judiciary of the House of 
Representatives, and the Chair and ranking member of each of the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on the Judiciary of the Senate, a report--
            (1) including--
                    (A) the notifications made by the respective 
                Secretary pursuant to subsection (a)(1); and
                    (B) any objections received by the respective 
                Secretary under subsection (b)(1); and
            (2) identifying--
                    (A) each private entity that pays all or part of 
                the costs of, or otherwise assists with, any Federal 
                transport by the respective Secretary's department of a 
                covered alien (as defined in section 2) between 
                jurisdictions; and
                    (B) the amount and source of any Federal funding 
                used to pay for such transport.
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