Title: Safe Emergency Response Act
Policy area: Immigration

Summary:
Safe Emergency Response Act
This bill directs the Department of Homeland Security (DHS) to suspend immigration enforcement operations and initiatives, including initiatives associated with evacuations or sheltering and the use of checkpoints within an area for which the President has declared a major disaster or an emergency.
State and local immigration enforcement participation, including lawful detentions of non-citizens, shall be suspended except in cases specifically identified by DHS and communicated to the state or locality that pose an urgent and individualized threat to public safety or national security.
With respect to persons in state or local detention during a major disaster or an emergency, DHS is urged to support state and local law enforcement agencies to prioritize the safety needs of their communities and individual detainees.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4398 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 4398

 To require the Secretary of Homeland Security to suspend immigration 
   enforcement operations within an area for which the President has 
   declared a major disaster or an emergency, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2017

  Ms. Barragan (for herself, Ms. Lofgren, Ms. Norton, Mr. Evans, Mr. 
 McGovern, Mrs. Napolitano, Mr. Beyer, Mr. Huffman, Mr. Gutierrez, Mr. 
 Vargas, Mr. Soto, Mr. Gomez, Mr. Carbajal, and Mr. Kihuen) introduced 
    the following bill; which was referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require the Secretary of Homeland Security to suspend immigration 
   enforcement operations within an area for which the President has 
   declared a major disaster or an emergency, 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 ``Safe Emergency Response Act''.

SEC. 2. SUSPENSION OF LESS SERIOUS IMMIGRATION ENFORCEMENT OPERATIONS 
              IN AREAS AFFECTED BY MAJOR DISASTER OR EMERGENCY.

    (a) In General.--The Secretary of Homeland Security shall suspend 
immigration enforcement operations and initiatives, including 
immigration enforcement initiatives associated with evacuations or 
sheltering and the use of checkpoints for immigration enforcement 
purposes, within an area for which the President has declared a major 
disaster or an emergency under section 401 or 501, respectively, of the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.).
    (b) State and Local Responsibilities.--To the extent State and 
local officials are otherwise permitted to participate in immigration 
enforcement, including any lawful detention of individuals who are not 
citizens of the United States, such participation shall be suspended 
except in cases specifically identified by the Secretary of Homeland 
Security, and communicated to the State or locality, that pose an 
urgent and individualized threat to public safety or national security. 
With respect to persons in State or local detention during a major 
disaster or an emergency, the Secretary of Homeland Security should 
advise and support State and local law enforcement agencies to 
prioritize the safety needs of their communities and individual 
detainees.
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