What This Bill Does
This bill changes how states and local police departments can partner with federal immigration authorities. It makes the Secretary of Homeland Security required to enter agreements with states that request them, rather than giving the secretary the choice to decide. The bill also sets new rules about when these agreements can be ended and requires regular reports on how the program works.
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Who It Affects
- States and local political subdivisions (counties, cities, towns) that want to participate in immigration enforcement
- Local law enforcement agencies and police departments
- Immigration officers and federal authorities
- Residents in jurisdictions that participate in these agreements
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Key Provisions
- The Secretary of Homeland Security must enter into written agreements with any state or local government that requests one, and cannot deny requests without a compelling reason that Congress and the public must be told about at least 180 days before denial (Sec. 2)
- States and local governments can choose which enforcement model works best for them, including patrol, task force, jail-based or any other reasonable model they think fits their needs (Sec. 2)
- Agreements cannot be ended without a compelling reason, and the Secretary must give written notice 180 days in advance and provide proof of the reasons for ending it (Sec. 2)
- States and local governments can appeal a decision to terminate through an administrative law judge or court, and the agreement stays in effect during any legal proceedings (Sec. 2)
- The Secretary must publish yearly reports on arrests, removals, complaints, training compliance and terminated agreements (Sec. 4)
- The Secretary must publish a yearly plan showing recruitment goals and the number of new states and local governments joining the program (Sec. 4)
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What Changes
If this bill becomes law, states and local police departments will have a legal right to participate in federal immigration enforcement work if they ask. Right now, the federal government can choose whether to let them participate. The bill requires the government to approve requests unless there is a compelling reason not to, and it requires the government to explain any denials publicly. States and local governments also gain the right to appeal if the federal government tries to end an existing agreement. The bill also requires new federal training standards and yearly reports to Congress about how the program works.
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Important Definitions
- **Aliens** (people who are not U.S. citizens): explicitly used in relation to investigating, apprehending and detaining noncitizens
- **Political subdivision** (counties, cities, towns and their law enforcement or corrections agencies): clarified to include any law enforcement or corrections agency of the political subdivision
- **Compelling reason** (the bill does not define what counts as a compelling reason)
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Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION
H. R. 998
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
FEBRUARY 14, 2023
Mr. CLOUD (for himself, Mr. LAMBORN, and Mr. WEBER of Texas) 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 agree-
ments under such section, and for other purposes.
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 the ‘‘287(g) Program Pro-
4
tection Act’’.
5
SEC. 2. CLARIFICATION OF CONGRESSIONAL INTENT.
6
Section 287(g) of the Immigration and Nationality
7
Act (8 U.S.C. 1357(g)) is amended—
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•HR 998 IH
(1) in paragraph (1), by striking ‘‘the Attorney
1
General may enter’’ and all that follows through the
2
period at the end and inserting the following: ‘‘the
3
Secretary of Homeland Security shall enter into a
4
written agreement with a State, or any political sub-
5
division of a State, upon request of the State or po-
6
litical subdivision, pursuant to which law enforce-
7
ment officers of the State or subdivision, who are
8
determined by the Secretary to be qualified to per-
9
form a function of an immigration officer in relation
10
to the investigation, apprehension, or detention of
11
aliens in the United States (including the transpor-
12
tation of such aliens across State lines to detention
13
centers), may carry out such function at the expense
14
of the State or political subdivision. No request from
15
a bona fide State or political subdivision or bona fide
16
law enforcement agency shall be denied absent a
17
compelling reason, and the Secretary shall notify the
18
Congress and publish in the Federal Register an ex-
19
planation for those reasons at least 180 days in ad-
20
vance of making final the denial. No limit on the
21
number of agreements under this subsection may be
22
imposed. The Secretary shall process requests for
23
such agreements with all due haste, and in no case
24
shall more than 90 days elapse from the date the re-
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•HR 998 IH
quest is made until the agreement is consummated.
1
For purposes of this subsection, any reference to a
2
political subdivision shall be construed to include any
3
law enforcement or corrections agency of the polit-
4
ical subdivision.’’;
5
(2) by striking ‘‘Attorney General’’ each place
6
such term appears and inserting ‘‘Secretary’’;
7
(3) by redesignating paragraphs (2) through
8
(10) as paragraphs (5) through (13), respectively;
9
(4) by inserting after paragraph (1) the fol-
10
lowing:
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‘‘(2) An agreement under this subsection shall
12
accommodate a requesting State or political subdivi-
13
sion with respect to the enforcement model or com-
14
bination of models, and shall accommodate a patrol
15
model, task force model, jail model, any combination
16
thereof, or any other reasonable model the State or
17
political subdivision believes is best suited to the im-
18
migration enforcement needs of its jurisdiction.
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‘‘(3) No Federal program or technology directed
20
broadly at identifying inadmissible or deportable
21
aliens shall substitute for such agreements, including
22
those establishing a jail model, and shall operate in
23
addition to any agreement under this subsection.
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•HR 998 IH
‘‘(4)(A) No agreement under this subsection
1
may be terminated absent a compelling reason.
2
‘‘(B)(i) The Secretary shall provide a State or
3
political subdivision written notice of intent to termi-
4
nate at least 180 days prior to date of intended ter-
5
mination, and the notice shall fully explain the
6
grounds for termination, along with providing evi-
7
dence substantiating the Secretary’s allegations.
8
‘‘(ii) In order to determine whether the require-
9
ments of this paragraph have been satisfied, the
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State or political subdivision shall have the right—
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‘‘(I) to appeal the decision of the Secretary
12
to an administrative law judge for a hearing
13
and decision; or
14
‘‘(II) to bring a civil action in an appro-
15
priate court of jurisdiction.
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‘‘(C) The agreement shall remain in full effect
17
during the course of any and all legal proceedings.’’;
18
and
19
(5) in paragraph (6) (as redesignated), by add-
20
ing at the end the following: ‘‘The Secretary of
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Homeland Security shall implement uniform training
22
requirements for law enforcement officers who are,
23
or will be, performing a function of an immigration
24
officer under this subsection. The training require-
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•HR 998 IH
ments shall align with Federal Law Enforcement
1
Training Center standards for training under this
2
subsection (as in effect of the date of the enactment
3
of this sentence).’’.
4
SEC. 3. FUNDING.
5
Section 286(r) of the Immigration and National Act
6
(8 U.S.C. 1356(r)) is amended—
7
(1) in the subsection heading, by striking
8
‘‘BREACHED BOND/DETENTION FUND’’ and insert-
9
ing ‘‘BREACHED BOND/DETENTION/287(g) FUND’’;
10
(2) by striking ‘‘Attorney General’’ each place
11
such term appears and inserting ‘‘Secretary of
12
Homeland Security’’;
13
(3) in paragraph (1), by striking ‘‘Breached
14
Bond/Detention’’ and inserting ‘‘Breached Bond/De-
15
tention/287(g)’’;
16
(4) in paragraph (2), by striking ‘‘Department
17
of Justice’’ and inserting ‘‘Department of Homeland
18
Security’’; and
19
(5) in paragraph (3)—
20
(A) in clause (i), by striking ‘‘, and’’ at the
21
end and inserting a semicolon;
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(B) in clause (ii), by striking the period at
23
the end and inserting ‘‘; and’’; and
24
(C) by adding at the end the following:
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•HR 998 IH
‘‘(iv) for expenses associated with admin-
1
istering section 287(g).’’.
2
SEC. 4. REQUIREMENTS ON SECRETARY.
3
(a) ANNUAL PERFORMANCE REPORT.—Not later
4
than December 31 of the first fiscal year that begins after
5
the date of the enactment of this Act, and not later than
6
December 31 of each year thereafter, the Secretary of
7
Homeland Security shall publish an annual performance
8
report on the program under section 287(g) of the Immi-
9
gration and Nationality Act (8 U.S.C. 1357(g)) that in-
10
cludes at least the following information:
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(1) The number of aliens apprehended and
12
screened by law enforcement through the program.
13
(2) The number of aliens removed from the
14
United States as a result of the program.
15
(3) The number of aliens described in para-
16
graph (1) who were not removed and an explanation
17
for why they were not removed.
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(4) The methods being used to conduct over-
19
sight of each law enforcement agency participating
20
under the program.
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(5) The number of law enforcement agencies in
22
compliance with the program’s training require-
23
ments.
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•HR 998 IH
(6) The number of complaints filed against law
1
enforcement agencies claiming they did not comply
2
their written agreement entered into under such sec-
3
tion.
4
(7) The number of law enforcement agencies
5
that had such written agreement terminated.
6
(8) The reasons for such termination.
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(b) ANNUAL RECRUITMENT PLAN.—Not later than
8
December 31 of the first fiscal year that begins after the
9
date of the enactment of this Act, and not later than De-
10
cember 31 of each year thereafter, the Secretary of Home-
11
land Security shall publish an annual recruitment plan
12
with respect to the program under section 287(g) of the
13
Immigration and Nationality Act (8 U.S.C. 1357(g)) that
14
includes at least the following information:
15
(1) Annual goals for the next five years for re-
16
cruitment of new States and political subdivisions of
17
States to participate in the program.
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(2) The number of new States and political sub-
19
divisions of States participating in the program each
20
year.
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(3) A description of the outreach to States and
22
political subdivisions of States conducted for the
23
program and the other methods used to achieve re-
24
cruitment goals.
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•HR 998 IH
(4) The number of requests for agreements re-
1
ceived, approved, denied, and pending approval.
2
(c) RULEMAKING.—Not later than 180 days after the
3
date of the enactment of this Act, the Secretary of Home-
4
land Security shall publish a notice of rulemaking with
5
respect to the training requirements under section
6
287(g)(6) of the Immigration and Nationality Act (8
7
U.S.C. 1357(g)(6)), as added by section 2(5).
8
Æ
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