Grant’s Law

I 117TH CONGRESS 1ST SESSION H. R. 45 To require the Secretary of Homeland Security to detain any alien who is unlawfully present in the United States and is arrested for certain criminal offenses. IN THE HOUSE OF REPRESENTATIVES JANUARY 4, 2021 Mr. BIGGS introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require the Secretary of Homeland Security to detain any alien who is unlawfully present in the United States and is arrested for certain criminal offenses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as ‘‘Grant’s Law’’. 4 SEC. 2. MANDATORY DETENTION FOR CERTAIN ALIENS AR- 5 RESTED FOR THE COMMISSION OF CERTAIN 6 OFFENSES. 7 Section 236(c) of the Immigration and Nationality 8 Act (8 U.S.C. 1226(c)(1)) is amended— 9 VerDate Sep 11 2014 19:32 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H45.IH H45 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 45 IH (1) in paragraph (1)— 1 (A) in subparagraph (C), by striking ‘‘or’’ 2 at the end; 3 (B) in subparagraph (D), by adding ‘‘or’’ 4 at the end; and 5 (C) by inserting after subparagraph (D) 6 the following: 7 ‘‘(E) is— 8 ‘‘(i) determined by the Secretary of 9 Homeland Security to be unlawfully 10 present in the United States; and 11 ‘‘(ii) arrested for any offense de- 12 scribed in subparagraphs (A) through (D) 13 the conviction of which would render the 14 alien inadmissible under section 212(a) or 15 deportable under section 237(a),’’; and 16 (2) in paragraph (2)— 17 (A) by striking ‘‘The Attorney General’’ 18 and inserting the following: 19 ‘‘(A) IN GENERAL.—Except as provided in 20 subparagraph (B), the Secretary of Homeland 21 Security’’; 22 (B) by striking ‘‘the Attorney General’’ 23 each place such term appears and inserting 24 ‘‘the Secretary’’; and 25 VerDate Sep 11 2014 19:32 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H45.IH H45 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 45 IH (C) by adding at the end the following: 1 ‘‘(B) ARRESTED BUT NOT CONVICTED 2 ALIENS.—The Secretary of Homeland Security 3 may release any alien held pursuant to para- 4 graph (1)(E) to the appropriate authority for 5 any proceedings subsequent to the arrest. The 6 Secretary shall resume custody of the alien dur- 7 ing any period pending the final disposition of 8 any such proceedings that the alien is not in 9 the custody of such appropriate authority. If 10 the alien is not convicted of the offense for 11 which the alien was arrested, the Secretary 12 shall continue to detain the alien until removal 13 proceedings are completed.’’. 14 SEC. 3. EXPEDITED INITIATION OF REMOVAL PRO- 15 CEEDINGS. 16 Section 239(d) of the Immigration and Nationality 17 Act (8 U.S.C. 1229(d)) is amended by adding at the end 18 the following: 19 ‘‘(3) In the case of any alien held pursuant to 20 section 236(c)(1)(E), the Secretary of Homeland Se- 21 curity shall complete removal proceedings by not 22 later than 90 days after such alien is detained.’’. 23 Æ VerDate Sep 11 2014 19:32 Jan 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H45.IH H45 pamtmann on DSKBC07HB2PROD with BILLS