Grant’s Law

I 116TH CONGRESS 1ST SESSION H. R. 74 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 3, 2019 Mr. BIGGS (for himself, Mr. MEADOWS, Mr. BROOKS of Alabama, Mr. MCKIN- LEY, Mr. GOHMERT, Mr. DESJARLAIS, Mr. CHABOT, Mr. DUNCAN, Mr. PALMER, and Mr. EMMER) introduced the following bill; which was re- ferred 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 the ‘‘Grant’s Law’’. 4 VerDate Sep 11 2014 23:00 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H74.IH H74 kjohnson on DSK79L0C42 with BILLS 2 •HR 74 IH SEC. 2. MANDATORY DETENTION FOR CERTAIN ALIENS AR- 1 RESTED FOR THE COMMISSION OF CERTAIN 2 OFFENSES. 3 Section 236(c) of the Immigration and Nationality 4 Act (8 U.S.C. 1226(c)(1)) is amended— 5 (1) in paragraph (1)— 6 (A) in subparagraph (C), by striking ‘‘or’’ 7 at the end; 8 (B) in subparagraph (D), by adding ‘‘or’’ 9 at the end; and 10 (C) by inserting after subparagraph (D) 11 the following: 12 ‘‘(E) is— 13 ‘‘(i) determined by the Secretary of 14 Homeland Security to be unlawfully 15 present in the United States; and 16 ‘‘(ii) arrested for any offense de- 17 scribed in subparagraphs (A) through (D) 18 the conviction of which would render the 19 alien inadmissible under section 212(a) or 20 deportable under section 237(a),’’; and 21 (2) in paragraph (2)— 22 (A) by striking ‘‘The Attorney General’’ 23 and inserting the following: 24 VerDate Sep 11 2014 23:00 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H74.IH H74 kjohnson on DSK79L0C42 with BILLS 3 •HR 74 IH ‘‘(A) IN GENERAL.—Except as provided in 1 subparagraph (B), the Secretary of Homeland 2 Security’’; 3 (B) by striking ‘‘the Attorney General’’ 4 each place such term appears and inserting 5 ‘‘the Secretary’’; and 6 (C) by adding at the end the following: 7 ‘‘(B) ARRESTED BUT NOT CONVICTED 8 ALIENS.—The Secretary of Homeland Security 9 may release any alien held pursuant to para- 10 graph (1)(E) to the appropriate authority for 11 any proceedings subsequent to the arrest. The 12 Secretary shall resume custody of the alien dur- 13 ing any period pending the final disposition of 14 any such proceedings that the alien is not in 15 the custody of such appropriate authority. If 16 the alien is not convicted of the offense for 17 which the alien was arrested, the Secretary 18 shall continue to detain the alien until removal 19 proceedings are completed.’’. 20 SEC. 3. EXPEDITED INITIATION OF REMOVAL PRO- 21 CEEDINGS. 22 Section 239(d) of the Immigration and Nationality 23 Act (8 U.S.C. 1229(d)) is amended by adding at the end 24 the following: 25 VerDate Sep 11 2014 23:00 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H74.IH H74 kjohnson on DSK79L0C42 with BILLS 4 •HR 74 IH ‘‘(3) In the case of any alien held pursuant to 1 section 236(c)(1)(E), the Secretary of Homeland Se- 2 curity shall complete removal proceedings by not 3 later than 90 days after such alien is detained.’’. 4 Æ VerDate Sep 11 2014 23:00 Jan 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H74.IH H74 kjohnson on DSK79L0C42 with BILLS