What This Bill Does
This bill requires U.S. Immigration and Customs Enforcement (ICE, a federal agency that handles immigration matters) to take into custody certain foreign nationals who have been charged with crimes that caused someone's death or serious bodily injury. The bill also requires ICE to notify crime victims about these cases.
Who It Affects
Foreign nationals charged with crimes resulting in death or serious bodily injury in the United States. Crime victims and their family members. The Assistant Secretary of Homeland Security for Immigration and Customs Enforcement. Law enforcement agencies.
Key Provisions
• ICE must take into custody foreign nationals who were not inspected when entering the U.S., or whose nonimmigrant visa (a document allowing temporary entry to the country) was revoked, and who have been charged with any crime that resulted in someone's death or serious bodily injury (Sec. 2)
• When ICE encounters or learns about a foreign national matching this description, ICE must make reasonable efforts to find information about crime victims from law enforcement and other sources (Sec. 2)
• ICE must provide victims, or their deceased victim's closest living family member, with timely and ongoing information including the foreign national's full name, aliases, date of birth, country of nationality, immigration status, criminal history, custody status, and removal efforts (Sec. 2)
What Changes
The law changes which foreign nationals ICE must hold in custody by expanding requirements to include those charged with crimes causing death or serious bodily injury. ICE must also actively notify victims and their families about these cases.
Important Definitions
"Serious bodily injury" is defined as the term used in section 1365(h)(3) of title 18 of the United States Code. The bill does not provide its own separate definition of this term.
II
118TH CONGRESS
1ST SESSION
S. 160
To require U.S. Immigration and Customs Enforcement to take into custody
certain aliens who have been charged in the United States with a crime
that resulted in the death or serious bodily injury of another person,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
JANUARY 31, 2023
Ms. ERNST (for herself, Mr. GRASSLEY, Mrs. FISCHER, Mr. RICKETTS, Mr.
TILLIS, Mr. CORNYN, Mrs. BLACKBURN, Mr. SCOTT of Florida, Mr.
MORAN, Mr. LANKFORD, Mr. HOEVEN, and Mr. CRUZ) introduced the
following bill; which was read twice and referred to the Committee on the
Judiciary
A BILL
To require U.S. Immigration and Customs Enforcement to
take into custody certain aliens who have been charged
in the United States with a crime that resulted in the
death or serious bodily injury of another person, 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 ‘‘Sarah’s Law’’.
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•S 160 IS
SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS
1
CHARGED WITH A CRIME RESULTING IN
2
DEATH OR SERIOUS BODILY INJURY.
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Section 236(c) of the Immigration and Nationality
4
Act (8 U.S.C. 1226(c)) is amended—
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(1) in paragraph (1)—
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(A) in subparagraph (A), by striking the
7
comma at the end and inserting a semicolon;
8
(B) in subparagraph (B), by striking the
9
comma at the end and inserting a semicolon;
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(C) in subparagraph (C)—
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(i) by striking ‘‘sentence’’ and insert-
12
ing ‘‘sentenced’’; and
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(ii) by striking ‘‘, or’’ and inserting a
14
semicolon;
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(D) in subparagraph (D), by striking the
16
comma at the end and inserting ‘‘; or’’; and
17
(E) by inserting after subparagraph (D)
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the following:
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‘‘(E)(i)(I) was not inspected and admitted
20
into the United States;
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‘‘(II) held a nonimmigrant visa (or other
22
documentation authorizing admission into the
23
United States as a nonimmigrant) that has
24
been revoked under section 221(i); or
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•S 160 IS
‘‘(III)
is
described
in
section
1
237(a)(1)(C)(i); and
2
‘‘(ii) has been charged by a prosecuting au-
3
thority in the United States with any crime
4
that resulted in the death or serious bodily in-
5
jury (as defined in section 1365(h)(3) of title
6
18, United States Code) of another person,’’;
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and
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(2) by adding at the end the following:
9
‘‘(3) NOTIFICATION REQUIREMENT.—Upon en-
10
countering or gaining knowledge of an alien de-
11
scribed in paragraph (1), the Assistant Secretary of
12
Homeland Security for Immigration and Customs
13
Enforcement shall make reasonable efforts—
14
‘‘(A) to obtain information from law en-
15
forcement agencies and from other available
16
sources regarding the identity of any victims of
17
the crimes for which such alien was charged or
18
convicted; and
19
‘‘(B) to provide the victim or, if the victim
20
is deceased, a parent, guardian, spouse, or clos-
21
est living relative of such victim, with informa-
22
tion, on a timely and ongoing basis, including—
23
‘‘(i) the alien’s full name, aliases, date
24
of birth, and country of nationality;
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•S 160 IS
‘‘(ii) the alien’s immigration status
1
and criminal history;
2
‘‘(iii) the alien’s custody status and
3
any changes related to the alien’s custody;
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and
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‘‘(iv) a description of any efforts by
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the United States Government to remove
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the alien from the United States.’’.
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SEC. 3. SAVINGS PROVISION.
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Nothing in this Act, or the amendments made by this
10
Act, may be construed to limit the rights of crime victims
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under any other provision of law, including section 3771
12
of title 18, United States Code.
13
Æ
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