119-hr756

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 756 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 756

 To amend 

section 287

    (g) of the Immigration and Nationality Act to 
 clarify congressional intent with respect to agreements under such 
 section, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 January 28, 2025

 Mr. Cloud (for himself, Mr. Roy, Mr. Ogles, Mr. Babin, Mr. Harris of 
 Maryland, Ms. Tenney, Mr. Biggs of Arizona, and Mr. Nehls) introduced 
 the following bill; which was referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

 To amend 

section 287

    (g) of the Immigration and Nationality Act to 
 clarify congressional intent with respect to agreements under such 
 section, and for other purposes.

 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 ``287

    (g) Program Protection Act''.

SEC. 2. CLARIFICATION OF CONGRESSIONAL INTENT.

 

Section 287

    (g) of the Immigration and Nationality Act (8 U.S.C. 
1357

    (g) ) is amended--

    (1) in paragraph

    (1) , by striking ``the Attorney General 
 may enter'' and all that follows through the period at the end 
 and inserting the following: ``the Secretary of Homeland 
 Security shall enter into a written agreement with a State, or 
 any political subdivision of a State, upon request of the State 
 or political subdivision, pursuant to which law enforcement 
 officers of the State or subdivision, who are determined by the 
 Secretary to be qualified to perform a function of an 
 immigration officer in relation to the investigation, 
 apprehension, or detention of aliens in the United States 
 (including the transportation of such aliens across State lines 
 to detention centers), may carry out such function at the 
 expense of the State or political subdivision. No request from 
 a bona fide State or political subdivision or bona fide law 
 enforcement agency shall be denied absent a compelling reason, 
 and the Secretary shall notify the Congress and publish in the 
 Federal Register an explanation for those reasons at least 180 
 days in advance of making final the denial. No limit on the 
 number of agreements under this subsection may be imposed. The 
 Secretary shall process requests for such agreements with all 
 due haste, and in no case shall more than 90 days elapse from 
 the date the request is made until the agreement is 
 consummated. For purposes of this subsection, any reference to 
 a political subdivision shall be construed to include any law 
 enforcement or corrections agency of the political 
 subdivision.'';

    (2) by striking ``Attorney General'' each place such term 
 appears and inserting ``Secretary'';

    (3) by redesignating paragraphs

    (2) through

    (10) as 
 paragraphs

    (5) through

    (13) , respectively;

    (4) by inserting after paragraph

    (1) the following:
 ``

    (2) An agreement under this subsection shall accommodate 
 a requesting State or political subdivision with respect to the 
 enforcement model or combination of models, and shall 
 accommodate a patrol model, task force model, jail model, any 
 combination thereof, or any other reasonable model the State or 
 political subdivision believes is best suited to the 
 immigration enforcement needs of its jurisdiction.
 ``

    (3) No Federal program or technology directed broadly at 
 identifying inadmissible or deportable aliens shall substitute 
 for such agreements, including those establishing a jail model, 
 and shall operate in addition to any agreement under this 
 subsection.
 ``

    (4)
        (A) No agreement under this subsection may be 
 terminated absent a compelling reason.
 ``
        (B)
            (i) The Secretary shall provide a State or political 
 subdivision written notice of intent to terminate at least 180 
 days prior to date of intended termination, and the notice 
 shall fully explain the grounds for termination, along with 
 providing evidence substantiating the Secretary's allegations.
 ``
            (ii) In order to determine whether the requirements of 
 this paragraph have been satisfied, the State or political 
 subdivision shall have the right--
 ``
            (I) to appeal the decision of the Secretary to an 
 administrative law judge for a hearing and decision; or
 ``
            (II) to bring a civil action in an appropriate 
 court of jurisdiction.
 ``
            (C) The agreement shall remain in full effect during the 
 course of any and all legal proceedings.''; and

    (5) in paragraph

    (6) (as redesignated), by adding at the 
 end the following: ``The Secretary of Homeland Security shall 
 implement uniform training requirements for law enforcement 
 officers who are, or will be, performing a function of an 
 immigration officer under this subsection. The training 
 requirements shall align with Federal Law Enforcement Training 
 Center standards for training under this subsection (as in 
 effect of the date of the enactment of this sentence).''.

SEC. 3. FUNDING.

 

Section 286

    (r) of the Immigration and Nationality Act (8 U.S.C. 
1356

    (r) ) is amended--

    (1) in the subsection heading, by striking ``Breached Bond/
 Detention Fund'' and inserting ``Breached Bond/Detention/287

    (g) Fund'';

    (2) by striking ``Attorney General'' each place such term 
 appears and inserting ``Secretary of Homeland Security'';

    (3) in paragraph

    (1) , by striking ``Breached Bond/
 Detention'' and inserting ``Breached Bond/Detention/287

    (g) '';

    (4) in paragraph

    (2) , by striking ``Department of Justice'' 
 and inserting ``Department of Homeland Security''; and

    (5) in paragraph

    (3) --
        (A) in clause
            (i) , by striking ``, and'' at the end 
 and inserting a semicolon;
        (B) in clause
            (ii) , by striking the period at the 
 end and inserting ``; and''; and
            (C) by adding at the end the following:
 ``
            (iv) for expenses associated with administering 
 

section 287

    (g) .''.

SEC. 4. REQUIREMENTS ON SECRETARY.

    (a) Annual Performance Report.--Not later than December 31 of the 
first fiscal year that begins after the date of the enactment of this 
Act, and not later than December 31 of each year thereafter, the 
Secretary of Homeland Security shall publish an annual performance 
report on the program under 

section 287

    (g) of the Immigration and 
Nationality Act (8 U.S.C. 1357

    (g) ) that includes at least the following 
information:

    (1) The number of aliens apprehended and screened by law 
 enforcement through the program.

    (2) The number of aliens removed from the United States as 
 a result of the program.

    (3) The number of aliens described in paragraph

    (1) who 
 were not removed and an explanation for why they were not 
 removed.

    (4) The methods being used to conduct oversight of each law 
 enforcement agency participating under the program.

    (5) The number of law enforcement agencies in compliance 
 with the program's training requirements.

    (6) The number of complaints filed against law enforcement 
 agencies claiming they did not comply their written agreement 
 entered into under such section.

    (7) The number of law enforcement agencies that had such 
 written agreement terminated.

    (8) The reasons for such termination.

    (b) Annual Recruitment Plan.--Not later than December 31 of the 
first fiscal year that begins after the date of the enactment of this 
Act, and not later than December 31 of each year thereafter, the 
Secretary of Homeland Security shall publish an annual recruitment plan 
with respect to the program under 

section 287

    (g) of the Immigration and 
Nationality Act (8 U.S.C. 1357

    (g) ) that includes at least the following 
information:

    (1) Annual goals for the next five years for recruitment of 
 new States and political subdivisions of States to participate 
 in the program.

    (2) The number of new States and political subdivisions of 
 States participating in the program each year.

    (3) A description of the outreach to States and political 
 subdivisions of States conducted for the program and the other 
 methods used to achieve recruitment goals.

    (4) The number of requests for agreements received, 
 approved, denied, and pending approval.
            (c) Rulemaking.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall publish 
a notice of rulemaking with respect to the training requirements under 

section 287

    (g)

    (6) of the Immigration and Nationality Act (8 U.S.C. 
1357

    (g)

    (6) ), as added by 

section 2

    (5) .
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