,i #aaith ,,congress #b;d ,session ,h4 ,r4 #gffd ,,in ,,the ,,house ,,of ,,representatives ,february #bd1 #bjbf,mr4 ,schmidt introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,immigration and ,nationality ,act to provide for the performance of certain ,department of ,homeland ,security counsel functions by ,state officers and employees1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,state ,partnerships to ,enhance ,removal of ,criminal ,aliens ,act4 #b4 ,performance of certain ,department of ,homeland ,security counsel functions by ,state officers and employees ,section #bhg of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 and 7#b7 by inserting the following after subsection 7g73 7h7 ,performance of certain ,department of ,homeland ,security counsel functions by ,state officers and employees 7#a7 ,notwithstanding section #acdb of title #ca1 ,united ,states ,code1 the ,secretary of ,homeland ,security1 in coordination with the ,attorney ,general1 may enter into a written agreement with a ,state pursuant to which an officer or employee of the ,state1 who is a licensed attorney and who is determined by the ,secretary of ,homeland ,security to be qualified to perform the function of an ,office of the ,principal ,legal ,advisor attorney in representing the ,department of ,homeland ,security in removal proceedings described in paragraph 7#i71 may carry out such function at the expense of the ,state4 7#b7 ,an agreement under this subsection shall-- 7,a7 require that an officer or employee of a ,state performing a function under the agreement have knowledge of1 and adhere to1 ,federal law relating to the function2 7,b7 contain a written certification that the officers or employees of a ,state performing the function under the agreement have received adequate training regarding the enforcement of relevant ,federal immigration laws2 and 7,c7 state that an officer or employee of a ,state performing a function under the agreement has no independent prosecutorial or policymaking discretion4 7#c7 ,in performing a function under this subsection1 an officer or employee of a ,state shall be subject to the direction and supervision of the ,secretary of ,homeland ,security4 7#d7 ,in performing a function under this subsection1 an officer or employee of a ,state may use ,federal property or facilities1 as provided in a written agreement between the ,secretary and the ,state4 7#e7 ,with respect to each officer or employee of a ,state who is authorized to perform a function under this subsection1 the specific powers and duties that may be1 or are required to be1 exercised or performed by the individual1 the duration of the authority of the individual1 and the position of the agency of the ,secretary of ,homeland ,security who is required to supervise and direct the individual1 shall be set forth in a written agreement between the ,secretary of ,homeland ,security and the ,state4 7#f7 ,the ,secretary of ,homeland ,security may not accept a service under this subsection if the service will be used to displace any ,federal employee4 7#g7 ,except as provided in paragraph 7#h71 an officer or employee of a ,state performing functions under this subsection shall not be treated as a ,federal employee for any purpose other than for purposes of chapter #ha of title #e 7relating to compensation for injury7 and sections #bfga through #bfhj of title #bh1 ,united ,states ,code 7relating to tort claims74 7#h7 ,an officer or employee of a ,state acting under color of authority under this subsection1 or any agreement entered into under this subsection1 shall be considered to be acting under color of ,federal authority for purposes of determining the liability1 and immunity from suit1 of the officer or employee in a civil action brought under ,federal1 ,state1 local1 or tribal law4 7#i7 ,the removal proceedings described in paragraph 7#a7 are proceedings under-- 7,a7 section #bch if the alien is located in a ,federal1 ,state1 or local correctional facility in the ,state with which the ,secretary of ,homeland ,security has entered into a written agreement described in this section2 or 7,b7 section #bdj if-- 7i7 the alien is charged with a ground of inadmissibility under section #bab7;a7 or a ground of deportability under section #bcg7;a7 that is based on a violation of ,state law1 to the extent the ,secretary of ,homeland ,security has entered into a written agreement described in this section with that ,state2 or 7ii7 the alien's eligibility for immigration relief may be affected by such a violation of ,state law1 to the extent the ,secretary of ,homeland ,security has entered into a written agreement described in this section with that ,state4 4 #c4 ,aggravated felony 7a7 ,definition ,paragraph 7#dc7 of section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#dc77 is amended-- 7#a7 in subparagraph 7,a71 by striking minor and inserting minor1 or an offense involving any of the preceding offenses2 7#b7 by amending subparagraph 7,b7 to read as follows3 7,b7 an offense involving-- 7i7 illicit trafficking in a controlled substance 7as defined in section #ajb of the ,controlled ,substances ,act71 including a drug trafficking crime 7as defined in section #ibd7;c7 of title #ah1 ,united ,states ,code72 or 7ii7 any other crime classified as a felony in the jurisdiction of conviction1 or punishable by a maximum term of imprisonment of more than #a year in the jurisdiction of conviction1 involving-- 7,i7 in the case of an offense under ,state1 local1 or tribal law1 a substance that is classified as a controlled substance under such law1 as applicable1 regardless of whether the substance is a controlled substance 7as defined in section #ajb of such ,act72 or 7,,ii7 in the case of an offense under ,federal law or foreign law1 a controlled substance 7as defined in section #ajb of such ,act72 2 7#c7 in subparagraph 7,c71 by inserting an offense involving before illicit trafficking in firearms2 7#d7 in subparagraph 7,e7-- 7,a7 in clause 7ii71 by striking or at the end2 7,b7 by redesignating clause 7iii7 as clause 7iv72 and 7,c7 by inserting after clause 7ii7 the following3 7iii7 sections #icb and #icc of title #ah 7relating to straw purchasing of firearms and trafficking in firearms72 or 2 7#e7 in subparagraph 7,i71 by striking or #bbeb and inserting #bbeb1 or #bbeb;,a2 7#f7 by amending subparagraph 7,f7 to read as follows3 7,f7 an offense that is-- 7i7 a crime of violence 7as defined in section #af of title #ah1 ,united ,states ,code1 but not including a purely political offense7 for which the term of imprisonment is at least one year2 7ii7 any crime1 for which the term of imprisonment is at least one year1 where evidence establishes the circumstances of the crime as actually committed by the alien involved the use1 attempted use1 or threatened use of physical force against the person or property of another2 7iii7 assault1 battery1 or robbery1 as defined under the jurisdiction of conviction1 for which the term of imprisonment is at least one year2 or 7iv7 described in section #baai of title #ah1 ,united ,states ,code 7relating to carjacking72 2 7#g7 by amending subparagraph 7,g7 to read as follows3 7,g7 7i7 an offense involving burglary 7regardless of whether a structure was involved7 or theft 7including theft by deceit1 theft by fraud1 embezzlement1 or receipt1 possession1 or use of stolen property71 regardless of whether any taking was temporary or permanent1 for which the term of imprisonment is at least one year2 or 7ii7 any crime1 for which the term of imprisonment is at least one year1 where evidence establishes the circumstances of the crime as actually committed by the alien was an offense involving burglary 7regardless of whether a structure was involved7 or theft 7including theft by deceit1 theft by fraud1 embezzlement1 or receipt1 possession1 or use of stolen property71 regardless of whether any taking was temporary or permanent2 2 7#h7 in subparagraph 7,n7-- 7,a7 by striking paragraph 7#a77;,a7 or 7#b7 of2 and 7,b7 by inserting a semicolon at the end2 7#i7 in subparagraph 7,o71 by striking section #bge7;a7 or #bgf committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph and inserting section #bge or #bgf for which the term of imprisonment is at least #a year2 7#aj7 in subparagraph 7,p7-- 7,a7 by striking 7i7 which either is falsely making1 forging1 counterfeiting1 mutilating1 or altering a passport or instrument in violation of section #aedc of title #ah1 ,united ,states ,code1 or is described in section #aedf7;a7 of such title 7relating to document fraud7 and 7ii7 and inserting described in any section of chapter #ge of title #ah1 ,united ,states ,code1 and2 and 7,b7 by striking 1 except in the case of a first offense for which the alien has affirmatively shown that the alien committed the offense for the purpose of assisting1 abetting1 or aiding only the alien's spouse1 child1 or parent 7and no other individual7 to violate a provision of this ,act2 7#aa7 in subparagraph 7,t71 by striking and at the end2 7#ab7 by striking subparagraph 7,u72 and 7#ac7 by adding at the end the following3 7,u7 an offense described in-- 7i7 section #bdda of title #ah1 ,united ,states ,code 7relating to war crimes72 7ii7 section #bcdj;,a of title #ah1 ,united ,states ,code 7relating to torture72 7iii7 section #ajia of title #ah1 ,united ,states ,code 7relating to genocide72 or 7iv7 section #bddb of title #ah1 ,united ,states ,code 7relating to use and recruitment of child soldiers72 7,v7 any offense not otherwise listed in this paragraph that is-- 7i7 defined as a felony by the jurisdiction of conviction2 or 7ii7 punishable by a maximum term of imprisonment of more than #a year2 and 7,w7 an offense1 either classified in the jurisdiction of conviction as or consisting of1 a conspiracy1 attempt1 or solicitation to commit an offense described in this paragraph1 or aiding1 abetting1 counseling1 procuring1 commanding1 or inducing the commission of such an offense4 4 7b7 ,inadmissibility ,section #bab7;a77#b77;,a77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#b77;,a77i77 is amended-- 7#a7 in subclause 7,i71 by striking or at the end2 7#b7 in subclause 7,,ii71 by adding or at the end2 and 7#c7 by inserting after subclause 7,,ii7 the following3 7,,iii7 an aggravated felony1 4 7c7 ,conforming amendments ,the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended-- 7#a7 in section #bjh7;b77#b77;,b77i71 by adding after the period the following ,an alien may be determined to have been convicted of a particularly serious crime even if the alien's conviction does not constitute an aggravated felony42 7#b7 in section #bch7;a77#a71 by striking for aliens convicted of any criminal offense covered in and all that follows through otherwise covered by section #bda7;a77#b77;,a77i7 and inserting for aliens convicted of any criminal offense covered in section #bcg7;a77#b72 7#c7 in section #bda7;b77#c77;,b71 in the matter following clause 7iv71 by striking ,for purposes of clause 7ii71 an alien who has been convicted of an aggravated felony 7or felonies7 for which the alien has been sentenced to an aggregate term of imprisonment of at least #e years shall be considered to have committed a particularly serious crime4 ,the previous sentence shall not preclude the ,attorney ,general from determining that1 notwithstanding the length of sentence imposed1 an alien has been convicted of a particularly serious crime4 and inserting ,for purposes of clause 7ii71 an alien who has been convicted of an aggravated felony shall be considered to have been convicted of a particularly serious crime4 ,the ,attorney ,general and ,secretary of ,homeland ,security may jointly designate1 by regulation1 offenses that will be considered to be a crime described in clause 7ii7 or 7iii74 ,an alien may be determined to have been convicted of a particularly serious crime without regard to whether the offense for which the alien was convicted is an aggravated felony or an offense designated under the previous sentence42 and 7#d7 in section #bdb7;a77#b77;,c71 by striking #bcg7;a77#b77;,a77iii7 and all that follows through the period at the end and inserting section #bcg7;a77#b74 7d7 ,applicability ,this section1 and the amendments made by this section1 shall apply with respect to the commission of an offense before1 on1 or after the date of enactment of this section1 and with respect to removal proceedings commenced before1 on1 or after the date of enactment of this section4 #d4 ,severability ,if any provision of this ,act1 or any amendment made by this ,act1 or the application of such provision to any person1 entity1 government1 or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 or any amendment made thereby1 or the application of such provision to all other persons1 entities1 governments1 or circumstances1 shall not be affected thereby4