Title: PROTECT Immigration Act
Policy area: Immigration

Summary:
Protecting the Rights Of Towns against federal Enforcement contrary to Constitutional Tenets for Immigration Act or the PROTECT Immigration Act
This bill establishes that the authority to investigate, apprehend, or detain aliens for the purposes of immigration enforcement is limited to immigration officers and authorized Department of Homeland Security employees, except when such authority is provided to other individuals under specified statutes. Specifically, this restriction does not apply in certain instances involving (1) an actual or imminent mass influx of aliens, (2) persons bringing in and harboring aliens in violation of immigration laws, or (3) an alien illegally present in the United States who had previously left or was deported after being convicted of a felony.
The bill repeals the authority allowing the Department of Justice to enter into agreements authorizing state or local government employees to perform immigration enforcement functions.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1336 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 1336

 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

                             April 22, 2021

Mr. Booker (for himself, Mr. Schatz, Mr. Merkley, Mr. Sanders, and Mr. 
    Durbin) 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. SHORT TITLE.

    This Act may be cited as the ``Protecting the Rights Of Towns 
against federal Enforcement contrary to Constitutional Tenets for 
Immigration Act'' or the ``PROTECT Immigration Act''.

SEC. 2. 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 sections 103(a)(10) and 274(c) of this 
Act 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--
            ``(1) is restricted to immigration officers and authorized 
        employees of the Department of Homeland Security; and
            ``(2) is subject to limits set forth in other provisions of 
        law.''.
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