Title: A bill to discontinue a Federal program that authorizes State and local law enforcement officers to investigate, apprehend, and detain aliens in accordance with a written agreement with the Director of U.S. Immigration and Customs Enforcement and to clarify that immigration enforcement is solely a function of the Federal Government.
Policy area: Immigration

Summary:
This bill amends the Immigration and Nationality Act to provide that the authority to inquire about or verify immigration or citizenship status and to investigate, apprehend, arrest, or detain an individual for a violation of such Act is restricted to immigration officers and authorized employees of the Department of Homeland Security (DHS) and subject to limits set forth in other provisions of law.
DHS authority to enter into written agreements with a state or state subdivision to perform immigration-related investigations, apprehensions, or detentions of aliens in the United States is eliminated. The bill exempts from the restriction under this bill DOJ authority to enter into other state and local agreements: (1) in the event of an actual or imminent mass influx of aliens representing urgent circumstances; and (2) with respect to immigration-related detentions in non-federal facilities, including personnel and facilities construction. The bill also exempts from such restriction state and local enforcement authority to arrest and detain certain previously-deported illegal aliens who have been convicted of a felony.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 303 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 303

 To discontinue a Federal program that authorizes State and local law 
 enforcement officers to investigate, apprehend, and detain aliens in 
     accordance with a written agreement with the Director of U.S. 
  Immigration and Customs Enforcement and to clarify that immigration 
      enforcement is solely a function of the Federal Government.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 3, 2017

   Mr. Booker (for himself, Mr. Schatz, Ms. Hirono, Mr. Durbin, Ms. 
  Harris, Mr. Merkley, and Mr. Carper) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To discontinue a Federal program that authorizes State and local law 
 enforcement officers to investigate, apprehend, and detain aliens in 
     accordance with a written agreement with the Director of U.S. 
  Immigration and Customs Enforcement and to clarify that immigration 
      enforcement is solely a function of the Federal Government.

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

SECTION 1. RESCISSION OF STATE AND LOCAL IMMIGRATION ENFORCEMENT 
              AUTHORITY.

    Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 
1357(g)) is amended to read as follows:
    ``(g) Except as provided in paragraphs (10) and (11) of section 
103(a), in section 274(c), and in section 439 of the Antiterrorism and 
Effective Death Penalty Act of 1996 (8 U.S.C. 1252c), the authority to 
inquire about or verify immigration or citizenship status and to 
investigate, apprehend, arrest, or detain an individual for a violation 
of this Act or any regulation authorized by this Act is restricted to 
immigration officers and authorized employees of the Department of 
Homeland Security and subject to limits set forth in other provisions 
of law.''.
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