S. 260 — Introduced in Senate

II 113th CONGRESS 1st Session S. 260 IN THE SENATE OF THE UNITED STATES February 7, 2013 Mrs. Gillibrand introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the collection of data by officers enforcing immigration law and for other purposes. 1. Short title This Act may be cited as the Immigration Enforcement Transparency Act. 2. Definitions In this section: (1) Immigration laws The term immigration laws has the meaning given that term in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)). (2) Law enforcement official The term law enforcement official means— (A) an officer of U.S. Customs and Border Protection; (B) an officer of U.S. Immigration and Customs Enforcement; or (C) an officer or employee of a State or a political subdivision of a State who is carrying out the functions of an immigration officer pursuant to an agreement entered into under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) or pursuant to any other agreement with the Department of Homeland Security. 3. Data collection by law enforcement officials enforcing immigration laws (a) Requirement for data collection A law enforcement official who makes contact with an individual with the purpose or effect of enforcing an immigration law shall collect the following data: (1) The law enforcement official's basis for, or circumstances surrounding, such contact, including if such individual's perceived race or ethnicity contributed to such basis. (2) The identifying characteristics of such individual, including the individual's race, gender, ethnicity, and approximate age. (3) If such contact resulted in a stop or search, how long such a stop or search lasted, whether consent was requested and obtained for such stop or search, and the name of the person who provided such consent. (4) A description of any articulable facts and behavior by the individual that demonstrate reasonable suspicion to justify such stop or probable cause to justify such search or attempt to enforce the immigration laws. (5) A description of any items seized during such search, including contraband or money, and a specification of the type of search conducted. (6) Whether any warning or citation was issued as a result of such contact and the basis for such warning or citation. (7) Whether an arrest or detention was made as a result of such contact, the justification for such arrest or detention, and the ultimate disposition of such arrest or detention. (8) Whether the affected individual is undergoing immigration proceedings as of the date of the annual report. (9) If a warning, citation, arrest, or detention is involved, the surname of the affected individual. (10) The immigration status of the individual involved and whether removal proceedings were subsequently initiated against that individual. (11) Whether any complaint was made by the individual stopped or searched. (b) Compilation of data (1) Department of Homeland Security law enforcement officials The Secretary of Homeland Security shall compile the data collected under subsection (a) by officers of U.S. Customs and Border Protection and officers of U.S. Immigration and Customs Enforcement. (2) Other law enforcement officials The head of each agency, department, or other entity that employs law enforcement officials other than officers referred to in paragraph (1) shall— (A) compile the data collected by such law enforcement officials pursuant to subsection (a); and (B) submit the compiled data to the Secretary of Homeland Security. (c) Use of data The Secretary of Homeland Security shall consider the data compiled under subsection (b) in making policy and program decisions related to enforcement of the immigration laws. 4. Annual report (a) Requirement Not later than one year after the effective date of this Act, and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report on the data compiled under section 3(b). (b) Availability Each report submitted under subsection (a) shall be made available to the public. 5. Effective date This Act shall take effect 60 days after the date of the enactment of this Act.