Detain and Deport Act

Bill: 114-hr-5826
Sponsor: full_name: Rep. Brat, Dave [R-VA-7]
Introduced: 2016-07-14
Policy area: Immigration
Subjects: Border security and unlawful immigration

Civil actions and liability

Correctional facilities and imprisonment

Detention of persons

Government liability

Immigration status and procedures

Law enforcement administration and funding

State and local government operations
Latest action: action_date: 2016-08-11
text: Referred to the Subcommittee on Immigration and Border Security.

Summaries:
action_date: 2016-07-14
action_desc: Introduced in House
text: <p><strong>Detain and Deport Act</strong></p> <p>This bill provides that a state or political subdivision that has in effect a statute, policy, or practice providing that it not comply with any Department of Homeland Security (DHS) detainer ordering it to temporarily hold an alien in its custody so that the alien may be taken into federal custody or to transport the alien for transfer to federal custody shall not be eligible to receive any law enforcement or DHS grant.</p> <p>A state or political subdivision acting in compliance with such a DHS detainer shall be considered to be acting under color of federal authority for purposes of determining its liability and immunity from suit in civil actions brought by the aliens. </a></p> <p>It is the sense of Congress that DHS has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding the alien under the standards in place on the date of introduction of this bill.</p>

tv_txt: I 114th CONGRESS 2d Session H. R. 5826 IN THE HOUSE OF REPRESENTATIVES July 14, 2016 Mr. Brat introduced the following bill; which was referred to the Committee on the Judiciary A BILL To clarify the authority of the Secretary of Homeland Security with respect to detainers, and for other purposes.

1. Short title This Act may be cited as the Detain and Deport Act . 2. Clarifying the authority of ICE detainers (a) In general Except as otherwise provided by Federal law or rule of procedure, the Secretary shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute the Secretary’s duties. (b) State and local cooperation with DHS detainers A State, or a political subdivision of a State, that has in effect a statute or policy or practice providing that it not comply with any Department of Homeland Security detainer ordering that it temporarily hold an alien in their custody so that the alien may be taken into Federal custody, or transport the alien for transfer to Federal custody, shall not be eligible to receive— (1) any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ) or the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd et seq. ); or (2) any other law enforcement or Department grant. (c) Immunity A State or a political subdivision of a State acting in compliance with a Department of Homeland Security detainer who temporarily holds aliens in its custody so that they may be taken into Federal custody, or transports the aliens for transfer to Federal custody, shall be considered to be acting under color of Federal authority for purposes of determining its liability, and immunity from suit, in civil actions brought by the aliens under Federal or State law. (d) Probable cause It is the sense of Congress that the Department has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding such alien under the standards in place on the date of introduction of this Act.