Title: Empowering States to Deport Illegal Immigrants Act
Policy area: Immigration

Summary:
Empowering States to Deport Illegal Immigrants Act
This bill authorizes states to take actions to enforce federal immigration law.
Specifically, the bill authorizes states to authorize state and local law enforcement to enforce certain provisions of federal immigration law, including provisions relating to unlawful entry and employing unauthorized non-U.S. nationals (aliens under federal law). State prosecutors must prosecute every case brought by a state under this bill.
The bill also abrogates a 2012 Supreme Court ruling that invalidated an Arizona law that made it a crime for unauthorized non-U.S. nationals to work in the state. Specifically, the court ruled that the Arizona law was preempted by federal immigration law.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4948 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4948

 To allow States to authorize State and local law enforcement officers 
   to enforce the provisions of Federal immigration law relating to 
                 unlawful entry into the United States.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2022

  Mr. Hawley introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To allow States to authorize State and local law enforcement officers 
   to enforce the provisions of Federal immigration law relating to 
                 unlawful entry into the United States.

    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 ``Empowering States to Deport Illegal 
Immigrants Act''.

SEC. 2. AUTHORIZATION OF STATE AND LOCAL LAW ENFORCEMENT OFFICERS TO 
              ENFORCE CERTAIN FEDERAL IMMIGRATION LAWS.

    (a) In General.--States may authorize State and local law 
enforcement officers to enforce provisions of Federal immigration law 
that prohibit the unlawful entry into the United States, including 
sections 271 through 280 of the Immigration and Nationality Act (8 
U.S.C. 1321 through 1330).
    (b) Effect of Authorization on Supreme Court Ruling.--Subsection 
(a) effectively abrogates the 2012 decision of the Supreme Court in 
Arizona v. United States (567 U.S. 387).
    (c) Prosecution Authority.--Notwithstanding any other provision of 
law, State prosecutors are authorized to initiate prosecutions for 
violations of Federal immigration law referred to in subsection (a) in 
a United States District Court that has jurisdiction over--
            (1) the place at which any such violation occurred; or
            (2) the place at which the person charged for any such 
        violation is apprehended.
    (d) Conforming Amendment.--Section 279 of the Immigration and 
Nationality Act (8 U.S.C. 1329) is amended--
            (1) by inserting ``, or by a State prosecutor pursuant to 
        section 2(c) of the Empowering States to Deport Illegal 
        Immigrants Act,'' before ``that arise''; and
            (2) by inserting ``It shall be the duty of the State 
        prosecutor of the appropriate State to prosecute every such 
        suit when brought by a State.'' after ``United States.''
                                 <all>