Sarah's Law
Bill: S.3462 | Sponsor: Sen. Ernst, Joni (R-IA)
Policy area: Immigration

Summary:
Sarah's Law
This bill requires U.S. Immigration and Customs Enforcement (ICE) to detain an alien who is unlawfully present in the United States and has been charged with a crime that resulted in the death or serious bodily injury of another person.
ICE shall make reasonable efforts to obtain information about the identity of any victims of the crimes for which such alien was charged or convicted. ICE shall provide the victim, or a relative or guardian of a deceased victim, with information about such alien, including name, date of birth, nationality, immigration status, criminal history, and a description of any related removal efforts.

To require U.S. Immigration and Customs Enforcement to take into 
custody certain aliens who have been charged in the United States with 
a crime that resulted in the death or serious bodily injury of another 
                    person, 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 ``Sarah's Law''.

SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS CHARGED WITH A CRIME 
              RESULTING IN DEATH OR SERIOUS BODILY INJURY.

    (a) In General.--Section 236(c) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraphs (A) and (B), by striking the 
                comma at the end of each subparagraph and inserting a 
                semicolon;
                    (B) in subparagraph (C)--
                            (i) by striking ``sentence'' and inserting 
                        ``sentenced''; and
                            (ii) by striking ``, or'' and inserting a 
                        semicolon;
                    (C) in subparagraph (D), by striking the comma at 
                the end and inserting ``; or''; and
                    (D) by inserting after subparagraph (D) the 
                following:
                    ``(E)(i)(I) was not inspected and admitted into the 
                United States;
                    ``(II) held a nonimmigrant visa (or other 
                documentation authorizing admission into the United 
                States as a nonimmigrant) that has been revoked under 
                section 221(i); or
                    ``(III) is described in section 237(a)(1)(C)(i); 
                and
                    ``(ii) has been charged by a prosecuting authority 
                in the United States with any crime that resulted in 
                the death or serious bodily injury (as defined in 
                section 1365(h)(3) of title 18, United States Code) of 
                another person,''; and
            (2) by adding at the end the following:
            ``(3) Notification requirement.--Upon encountering or 
        gaining knowledge of an alien described in paragraph (1), the 
        Assistant Secretary of Homeland Security for Immigration and 
        Customs Enforcement shall make reasonable efforts--
                    ``(A) to obtain information from law enforcement 
                agencies and from other available sources regarding the 
                identity of any victims of the crimes for which such 
                alien was charged or convicted; and
                    ``(B) to provide the victim or, if the victim is 
                deceased, a parent, guardian, spouse, or closest living 
                relative of such victim, with information, on a timely 
                and ongoing basis, including--
                            ``(i) the alien's full name, aliases, date 
                        of birth, and country of nationality;
                            ``(ii) the alien's immigration status and 
                        criminal history;
                            ``(iii) the alien's custody status and any 
                        changes related to the alien's custody; and
                            ``(iv) a description of any efforts by the 
                        United States Government to remove the alien 
                        from the United States.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 1 day after the date of the enactment 
of this Act.

SEC. 3. SAVINGS PROVISION.

    Nothing in this Act, or the amendments made by this Act, may be 
construed to limit the rights of crime victims under any other 
provision of law, including section 3771 of title 18, United States 
Code.
                                                       Calendar No. 242

117th CONGRESS

  2d Session

                                S. 3462

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