Protect Americans from Foreign Criminals Act of 2021
Bill: H.R.3504 | Sponsor: Rep. Herrell, Yvette (R-NM)
Policy area: Immigration

Summary:
Protect Americans from Foreign Criminals Act of 2021
This bill requires the Department of Homeland Security (DHS) to conduct background checks before releasing from custody an alien who is unlawfully present in the United States.
Specifically, before releasing such an individual from detention while removal proceedings are pending, DHS must conduct a background check using criminal history databases covering the United States, the individual's country of origin, and any country that the individual transited through. DHS may not release the individual if the individual is (1) facing charges for (or convicted of) an aggravated felony, (2) a member of a criminal street gang, or (3) subject to mandatory detention on various crime- or security-related grounds.
Furthermore, DHS must review and determine whether the criminal history databases of countries around the world meet standards for accessibility, accuracy, and other factors.
DHS may not release a detained individual if a background check for that individual is required from a country with databases that fail to meet the relevant standards.

To require the Secretary of Homeland Security to conduct criminal 
 history background checks on aliens who unlawfully entered the United 
   States prior to releasing such aliens from custody, 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 Americans from Foreign 
Criminals Act of 2021''.

SEC. 2. BACKGROUND CHECKS REQUIRED ON ALIENS UNLAWFULLY ENTERING THE 
              UNITED STATES.

    (a) In General.--Notwithstanding any other provision of law, the 
Secretary of Homeland Security shall detain and may not release from 
custody any alien who is inadmissible under section 212(a)(6)(A)(i) of 
the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(A)(i)), prior 
to conducting a criminal history background check on the alien in 
accordance with this section.
    (b) Background Check Requirements.--The Secretary of Homeland 
Security shall conduct a criminal history background check of the alien 
using--
            (1) appropriate criminal history databases in the United 
        States; and
            (2) appropriate criminal history databases in the alien's 
        country of origin, and each country of transit.
    (c) Results of Background Check.--If the Secretary determines, 
based on a criminal history background check required to be conducted 
under this section, that an alien--
            (1) has been convicted of or has pending charges for an 
        aggravated felony (as such term is defined in section 
        101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(43))) in the United States, the alien's country of 
        origin, or a country of transit;
            (2) is a member of a criminal street gang (as such term is 
        defined in section 521 of title 18, United States Code); or
            (3) is described in section 236(c)(1) of the Immigration 
        and Nationality Act (8 U.S.C. 1226(c)(1)),
the Secretary may not release the alien from custody pending removal 
proceedings.
    (d) Foreign Background Check Systems.--
            (1) In general.--The Secretary of Homeland Security, in 
        consultation with the Secretary of State and the Director of 
        National Intelligence, shall immediately conduct a worldwide 
        review to determine whether the Secretary of Homeland Security 
        has the ability to access the databases of criminal history 
        databases of any country to perform the background checks 
        described in subsection (b)(2).
            (2) Standards.--The review described in paragraph (1) shall 
        consider whether the databases of a country are up to date, 
        digitized, searchable, and otherwise meet the standards of the 
        Federal Bureau of Investigations for criminal history databases 
        maintained by State and local governments.
            (3) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        provide a report to the Committees on the Judiciary of the 
        House of Representatives and the Senate, the Committee on 
        Homeland Security of the House of Representatives, and the 
        Comittee on Homeland Security and Governmental Affairs of the 
        Senate, on results of the review conducted under paragraph (1).
            (4) Failure to meet standards.--When the Secretary of 
        Homeland Security finds that the criminal history databases of 
        a country described in subsection (b)(2) are not up to date, 
        digitized, searchable, or otherwise fail to meet the standards 
        of the Federal Bureau of Investigations for criminal history 
        databases maintained by State and local governments, as 
        determined applicable by the Secretary, the Secretary may not 
        release from custody an alien who originated from or transited 
        through such country.
    (e) Certification.--On an annual basis, the Secretary of Homeland 
Security shall submit to the Committees on the Judiciary of the House 
of Representatives and of the Senate, the Committee on Homeland 
Security of the House of Representatives, and the Committee on Homeland 
Security and Governmental Affairs of the Senate, a certification that 
each database described in subsection (b)(2), which the Secretary 
accessed or sought to access pursuant to this section, met the 
standards described in subsection (d). Prior to submission, the 
Inspector General of the Department of Homeland Security shall review 
each certification under this subsection.
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