,,ii #aafth ,,congress #ast ,session ,s4 #bgci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #cj1 #bjai,mr4 ,tillis 7for himself1 ,mr4 ,grassley1 ,mr4 ,perdue1 ,mrs4 ,blackburn1 ,mr4 ,cornyn1 ,ms4 ,ernst1 and ,mr4 ,cotton7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for the effective use of immigration detainers to enhance public safety4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,immigration ,detainer ,enforcement ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,sec4 #c4 ,purpose4,sec4 #d4 ,immigration detainer authorities of the ,department of ,homeland ,security4,sec4 #e4 ,effective coordination with ,state1 tribal1 and local law enforcement agencies4,sec4 #f4 ,compensating ,states for detaining criminal aliens4,sec4 #g4 ,priority for distributing ,federal funding and property to ,state and local law enforcement4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the removal of criminal aliens promotes public safety1 national security1 border security1 and the integrity of the immigration system2 7#b7 detainers have proven to be a useful law enforcement tool that serve to expedite and improve the efficiency of the removal process by enabling the ,department of ,homeland ,security to assume custody in a timely manner of aliens in the custody of ,federal1 ,state1 tribal1 or local law enforcement agencies2 and 7#c7 several ,states and localities have limited their cooperation with immigration detainers issued by the ,department of ,homeland ,security and limited the ,department of ,homeland ,security's access to information regarding the release of criminal aliens in their custody1 which has resulted in the release of dangerous criminal aliens into local communities4 #c4 ,purpose ,the purposes of this ,act are-- 7#a7 to limit recidivist criminal activity through the removal of criminal aliens released from ,federal1 ,state1 tribal1 or local custody2 7#b7 to facilitate cooperation between ,federal1 ,state1 tribal1 and local law enforcement agencies with regard to immigration enforcement and information sharing2 and 7#c7 to limit the burden on ,federal1 ,state1 tribal1 and local law enforcement agencies that cooperate with the ,department of ,homeland ,security in its prioritized immigration enforcement4 #d4 ,immigration detainer authorities of the ,department of ,homeland ,security ,section #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7 is amended-- 7#a7 in subsection 7a77#b71 by striking and is likely to escape before a warrant can be obtained for his arrest2 and 7#b7 by amending subsection 7d7 to read as follows3 7d7 ,detainer of criminal aliens 7#a7 ,in general ,if an individual is arrested by a ,federal1 ,state1 tribal1 or local law enforcement official for a violation of any criminal law1 the ,secretary of ,homeland ,security 7or his or her designee7 may issue a detainer to the arresting agency if there is reason to believe the individual is an alien who may be removable from the ,united ,states4 ,notwithstanding any other provision of law1 no court shall have jurisdiction to review the discretionary decision or action by the ,secretary of ,homeland ,security 7or his or her designee7 to issue a detainer under this paragraph4 7#b7 ,transfer of custody ,upon the issuance of a detainer by the ,secretary of ,homeland ,security 7or his or her designee7 with respect to an alien described in paragraph 7#a71 the arresting ,federal1 ,state1 tribal1 or local law enforcement agency is authorized to maintain custody of the alien for a period not to exceed #dh hours in order to transfer custody of the alien to the ,department of ,homeland ,security4 7#c7 ,indemnification 7,a7 ,in general ,under such regulations as the ,secretary of ,homeland ,security shall prescribe1 the ,secretary 7or his or her designee7 may enter into agreements with ,state1 tribal1 and local law enforcement agencies to indemnify such agencies against claims 7including reasonable expenses of litigation or settlement7 by third parties for wrongful detention resulting from detainers issued without reason to believe that the individual is an alien who may be removable from the ,united ,states4 7,b7 ,limitation ,indemnification under subparagraph 7,a7 does not extend to claims relating to the negligence or willful misconduct of a ,federal1 ,state1 tribal1 or local law enforcement agency or the conditions of detention in the facility used by such agency to detain the individual subject to the detainer4 7,c7 ,additional conditions ,each indemnification agreement entered into pursuant to subparagraph 7,a7 shall-- 7i7 require the ,state1 tribal1 or local law enforcement agency to notify the ,united ,states ,government of any suit or claim against such agency for wrongful detention2 7ii7 authorize the ,united ,states ,government1 at its elections1 to control or assist in the defense of such suit or claim2 and 7iii7 limit the amount of indemnification to a sum certified by the ,secretary 7or his or her designee7 that is just and reasonable4 4 #e4 ,effective coordination with ,state1 tribal1 and local law enforcement agencies 7a7 ,in general ,section #fdb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7 is amended to read as follows3 #fdb4 ,communication and cooperation between government agencies and the ,department of ,homeland ,security 7a7 ,in general ,notwithstanding any other provision of ,federal1 ,state1 tribal1 or local law1 a ,federal1 ,state1 tribal1 or local government entity or official may not prohibit1 or restrict in any way1 any government entity or official from sending to1 or receiving from1 the ,department of ,homeland ,security information regarding the citizenship or immigration status 7lawful or unlawful7 of any individual4 7b7 ,additional authority of government entities ,notwithstanding any other provision of ,federal1 ,state1 tribal1 or local law1 no person or agency may prohibit1 or restrict in any way1 a ,federal1 ,state1 tribal1 or local government entity from-- 7#a7 sending information regarding the citizenship or immigration status 7lawful or unlawful7 of any individual to1 or requesting or receiving such information from1 the ,department of ,homeland ,security2 7#b7 exchanging citizenship or immigration status information described in paragraph 7#a7 with any other ,federal1 ,state1 tribal1 or local government entity2 7#c7 providing the ,department of ,homeland ,security with access to information in ,federal1 ,state1 tribal1 or local government databases regarding individuals with respect to whom a detainer has been issued1 including when such individuals will be released from criminal custody2 and 7#d7 maintaining custody of an individual pursuant to section #bhg7;d77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d77#b774 7c7 ,obligation ,to respond to inquiries ,the ,secretary of ,homeland ,security shall respond to an inquiry by a ,federal1 ,state1 tribal1 or local government agency that seeks to verify or ascertain the citizenship or immigration status of any individual within the jurisdiction of the agency for any purpose authorized by law1 by providing the requested verification or status information4 4 7b7 ,clerical amendment ,the table of contents for the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #aaja note7 is amended by amending the item relating to #fdb to read as follows3 ,sec4 #fdb4 ,communication and cooperation between government agencies and the ,department of ,homeland ,security4 4 #f4 ,compensating ,states for detaining criminal aliens ,section #bda of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i77 is amended to read as follows3 7i7 ,incarceration or detention 7#a7 ,defined term ,in this subsection1 the term undocumented criminal alien means an alien who-- 7,a7 has been convicted of a felony or of two or more misdemeanors2 and 7,b7 7i7 entered the ,united ,states without inspection or at any time or place other than as designated by the ,secretary of ,homeland ,security2 7ii7 was the subject of exclusion1 deportation1 or removal proceedings at the time the alien was taken into custody by the ,state or a political subdivision of the ,state2 or 7iii7 7,i7 was admitted as a nonimmigrant2 and 7,,ii7 at the time the alien was taken into custody by the ,state or a political subdivision of the ,state-- 7aa7 failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section #bdh2 or 7bb7 failed to comply with the conditions of any such status4 7#b7 ,in general ,if the governor of a ,state 7or1 if appropriate1 the chief executive officer of a political subdivision of the ,state71 exercising authority with respect to the incarceration or detention of an undocumented criminal alien1 submits a written request to the ,attorney ,general1 the ,attorney ,general may-- 7,a7 enter into a contractual arrangement providing for compensation to the ,state or a political subdivision of the ,state1 as may be appropriate1 with respect to the incarceration or detention of the undocumented criminal alien2 or 7,b7 take the undocumented criminal alien into the custody of the ,federal ,government and incarcerate or detain the alien4 7#c7 ,detention security ,in carrying out paragraph 7#b71 the ,attorney ,general shall-- 7,a7 give priority to the ,federal incarceration of undocumented criminal aliens who have committed aggravated felonies2 and 7,b7 ensure that undocumented criminal aliens incarcerated or detained in ,federal facilities pursuant to this subsection are held in facilities that provide a level of security appropriate to the crimes for which they were charged or convicted4 7#d7 ,amount of compensation 7,a7 ,in general ,compensation provided for each day an undocumented criminal alien is detained by a ,state or a political subdivision of a ,state pursuant to a contract under paragraph 7#b77;,a7 shall be equal to the average daily cost of incarceration or detention of a prisoner in the relevant ,state1 as determined by the ,attorney ,general4 7,b7 ,certification requirement 7i7 ,in general ,the ,secretary of ,homeland ,security shall-- 7,i7 promulgate regulations establishing detainer compliance criteria2 and 7,,ii7 periodically submit a certification to the ,attorney ,general that identifies which ,states and political subdivisions of a ,state have not complied with detainer requests received from the ,department of ,homeland ,security4 7ii7 ,funding limitation ,funds may only be provided to ,states and political subdivisions of ,states under this subsection that-- 7,i7 are not identified in a certification described in clause 7i77,,ii72 and 7,,ii7 are cooperating with the ,secretary with respect to each detainer lodged against an individual in the custody of the ,state or political subdivision of the ,state in accordance with section #bhg7;d7 and the regulations promulgated pursuant to clause 7i77,i74 7,c7 ,effect of noncompliance ,any ,state or political subdivision of a ,state that fails to substantially comply with detainers issued by the ,department of ,homeland ,security shall be ineligible for any funding under this subsection during the fiscal year in which such failure occurs4 7#e7 ,authorization of appropriations 7,a7 ,in general ,there are authorized to be appropriated to carry out this subsection-- 7i7 #gej1jjj1jjj for fiscal year #bjbj2 7ii7 #hej1jjj1jjj for fiscal year #bjba2 and 7iii7 #iej1jjj1jjj for each of the fiscal years #bjbb through #bjbf4 7,b7 ,limitation ,amounts appropriated pursuant to subparagraph 7,a7 that are distributed to a ,state or a political subdivision of a ,state may only be used for correctional purposes4 4 #g4 ,priority for distributing ,federal funding and property to ,state and local law enforcement 7a7 ,annual certification ,the ,secretary of ,homeland ,security shall annually submit a written certification to the ,attorney ,general that identifies the ,states and units of local government that are not complying with detainers issued pursuant to section #bhg7;d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;d774 7b7 ,priority for compliant jurisdictions ,the ,attorney ,general shall give priority to the jurisdictions that are not listed in the certification described in subsection 7a7 when selecting recipients of-- 7#a7 funding from the ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program authorized under title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaea et seq472 7#b7 excess ,federal equipment purchased pursuant to section #bha of title #aj1 ,united ,states ,code 7commonly referred to as the #aabb ,program72 and 7#c7 excess ,federal property transferred pursuant to section #begf;a of title #aj1 ,united ,states ,code 7commonly referred to as the #ajcc ,program74