What This Bill Does
This bill allows state attorneys general to request that the Secretary of Homeland Security enforce immigration laws. If the Secretary does not respond adequately within 30 days, the state can ask a federal court to force compliance.
Who It Affects
State attorneys general, the Secretary of Homeland Security, the Department of Homeland Security, state officials, and individuals subject to immigration enforcement actions like arrest, detention or removal.
Key Provisions
• A state attorney general can request in writing that the Secretary of Homeland Security enforce immigration duties, including arrest, detention and removal of certain individuals, if the attorney general believes these duties are not being adequately fulfilled (Sec. 2(a))
• Within 30 days of receiving a request, the Secretary must either ensure immigration duties are adequately fulfilled by federal officers and employees or authorize state officials to perform immigration officer functions (Sec. 2(b))
• If the Secretary does not comply within 30 days, the state attorney general can file a lawsuit in federal district court to enforce these requirements, and the court must prioritize the case (Sec. 2(c))
What Changes
States gain the ability to formally request federal immigration enforcement and pursue legal action if the federal government does not respond within 30 days.
Important Definitions
None defined in the bill.
I
118TH CONGRESS
1ST SESSION H. R. 1337
To authorize States to request that the Secretary of Homeland Security
enforce the Immigration and Nationality Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 2023
Mr. POSEY introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To authorize States to request that the Secretary of Home-
land Security enforce the Immigration and Nationality
Act, and for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Immigration Enforce-
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ment Partnership Act of 2023’’.
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SEC. 2. AUTHORIZING STATES TO REQUEST THE ENFORCE-
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MENT OF THE IMMIGRATION LAWS.
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(a) REQUEST TO FULFILL DUTIES.—If a State at-
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torney general finds that the Secretary of Homeland Secu-
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rity is not adequately fulfilling his non-discretionary duties
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•HR 1337 IH
under title II of the Immigration and Nationality Act (8
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U.S.C. 1151 et seq.), such as the arrest, detention, and
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removal of criminal aliens and arriving aliens, such officer
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may request in writing that the Secretary do so.
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(b) REQUIREMENT TO FULFILL DUTIES.—Not later
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than 30 days after receiving a request under subsection
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(a), the Secretary shall either—
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(1) ensure that any such duties are adequately
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fulfilled by officers and employees of the Department
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of Homeland Security; or
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(2) exercise his authority under section 287(g)
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of the Immigration and Nationality Act (8 U.S.C.
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1357) to authorize officials in the State to perform
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functions of an immigration officer related to the in-
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vestigation, apprehension, or detention of aliens in
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that State, and fulfill such duties on behalf of the
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Secretary.
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(c) CIVIL ACTION.—If the Secretary does not comply
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with subsection (b), the State attorney general may file
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a civil action in an appropriate district court of the United
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States to enforce the requirements under such subsection.
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The court shall advance on the docket and expedite the
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disposition of a civil action filed under this subsection to
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the greatest extent practicable.
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Æ
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