119-s2401

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2401 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2401

 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 SENATE OF THE UNITED STATES

 July 23, 2025

Mr. Risch (for himself, Mr. Crapo, Mr. Lee, Mr. Marshall, Mr. Justice, 
 Mr. Scott of Florida, and Mr. Johnson) introduced the following bill; 
 which was read twice and 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) by amending paragraph

    (1) to read as follows:
 ``

    (1)
        (A) Notwithstanding 

section 1342 of title 31, United States 
Code, 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 such State or subdivision, who the Secretary 
determines are 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.
 ``
        (B) All requests described in subparagraph
        (A) from a bona fide 
State or political subdivision or a bona fide law enforcement agency 
shall be approved absent a compelling reason. If the Secretary denies a 
request described in subparagraph
        (A) , the Secretary, not later than 
180 days before finalizing such denial, shall--
 ``
            (i) submit to Congress an explanation containing the 
 reasons for denying such request; and
 ``
            (ii) publish such explanation in the Federal Register.
 ``
            (C) The Secretary may not place any limit on the number of 
agreements that may be approved under this subsection. The Secretary 
shall process each request for such an agreement as expeditiously as 
possible and never later than the date that is 90 days after the date 
on which the request is received.
 ``
            (D) In this subsection, any reference to a political subdivision 
shall be construed to include any law enforcement or corrections agency 
of such 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 authorized under this subsection. The 
 training requirements shall align with Federal Law Enforcement 
 Training Center standards for training under this subsection 
 (as in effect on the date of the enactment of the 287

    (g) Program Protection Act).''.

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 amount described in 

section 245
            (i) (3) (b) '' and inserting 
 ``Department of Homeland Security, and the amount described in 
 

section 245
            (i) (3)
        (B) ''; 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. ANNUAL PERFORMANCE REPORT AND RECRUITMENT PLAN.

    (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 authorized under 

section 287

    (g) of the 
Immigration and Nationality Act, as amended by 

section 2, which 
includes--

    (1) the number of aliens apprehended and screened by law 
 enforcement through such 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; and

    (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 authorized under 

section 287

    (g) of the 
Immigration and Nationality Act, as amended by 

section 2, which 
includes--

    (1) annual goals for the following 5 years with respect to 
 the 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 during 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; and

    (4) the number of requests for agreements that--
        (A) were received during the reporting period;
        (B) were approved during the reporting period;
            (C) were denied during the reporting period; or
            (D) are pending approval as of the last day of the 
 reporting period.

SEC. 5. 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, as added by 

section 2

    (5) .
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