What This Bill Does
This bill requires U.S. Immigration and Customs Enforcement to hold in custody certain people who are not U.S. citizens and have been charged with crimes that caused someone's death or serious physical harm. The bill also requires the government to notify crime victims about the custody and removal efforts for these individuals.
Who It Affects
- Non-U.S. citizens charged with crimes resulting in death or serious bodily injury to another person
- Crime victims and their family members
- U.S. Immigration and Customs Enforcement
- The Secretary of Homeland Security
- Law enforcement agencies
Key Provisions
- The government must hold in custody non-U.S. citizens who are charged with, arrested for, or convicted of crimes that resulted in someone's death or serious physical injury (Sec. 2)
- The Secretary of Homeland Security must gather information about crime victims from law enforcement and other sources (Sec. 2)
- Crime victims, or their family members if the victim died, must receive timely information about the non-citizen's name, aliases, birth date, country of origin, immigration status, criminal history, custody status and any changes to that status, and government efforts to remove the person from the United States (Sec. 2)
- The Secretary of Homeland Security must issue a detainer (a legal hold) for qualifying individuals and take custody of them if no other federal, state or local officials are holding them (Sec. 2)
What Changes
The immigration detention law will be amended to require mandatory custody for non-U.S. citizens charged with crimes causing death or serious bodily injury. Crime victims' families will receive ongoing information about the person's immigration case.
Important Definitions
The bill references "serious bodily injury" as defined in federal criminal law but does not define it within the bill text itself.
IB
Union Calendar No. 366
118TH CONGRESS
2D SESSION
H. R. 661
[Report No. 118–442]
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 HOUSE OF REPRESENTATIVES
JANUARY 31, 2023
Mr. FEENSTRA (for himself, Mr. BUCK, Mr. DONALDS, Ms. SALAZAR, Mr.
JOHNSON of Ohio, Mrs. HINSON, Mr. BABIN, Mr. HIGGINS of Louisiana,
Mrs. MILLER-MEEKS, Ms. TENNEY, Mr. SMITH of New Jersey, Mr. LAM-
BORN, Mr. BACON, Mr. POSEY, Mrs. LESKO, Mr. OBERNOLTE, Mr.
BOST, Mr. MOORE of Alabama, Mr. RUTHERFORD, Mr. NORMAN, Mr.
FINSTAD, Mr. SESSIONS, Mr. JOHNSON of Louisiana, Mr. BURCHETT,
Mr. OGLES, Mr. WEBER of Texas, Mr. SCOTT FRANKLIN of Florida, Mr.
CLINE, Mr. ROUZER, Mr. DUNCAN, Mr. CRENSHAW, Mr. HUDSON, Mr.
GARBARINO, Mr. DESJARLAIS, Mr. FRY, Mr. MIKE GARCIA of California,
Mr. WALBERG, and Mr. STEUBE) introduced the following bill; which was
referred to the Committee on the Judiciary
APRIL 5, 2024
Additional sponsors: Mr. NUNN of Iowa, Mr. LOUDERMILK, Mr. TIMMONS,
Mr. GROTHMAN, Mr. CISCOMANI, Mr. ADERHOLT, Mr. MCCAUL, Mr.
GOODEN of Texas, Mrs. MILLER of Illinois, Mr. ESTES, Mr. DUNN of
Florida, Mr. WILLIAMS of Texas, Mr. CARTER of Texas, Mr. TONY
GONZALES of Texas, Mr. NEHLS, Mr. MCCLINTOCK, Mr. PFLUGER, Mrs.
HOUCHIN, Mr. ROSENDALE, and Mrs. SPARTZ
APRIL 5, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
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•HR 661 RH
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on January 31, 2023]
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.
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•HR 661 RH
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’’.
4
SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS
5
CHARGED WITH A CRIME RESULTING IN
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DEATH OR SERIOUS BODILY INJURY.
7
Section 236(c) of the Immigration and Nationality Act
8
(8 U.S.C. 1226(c)) is amended—
9
(1) in paragraph (1)—
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(A) in subparagraph (C)—
11
(i) by striking ‘‘sentence’’ and insert-
12
ing ‘‘sentenced’’; and
13
(ii) by striking ‘‘or’’;
14
(B) in subparagraph (D), by striking the
15
comma at the end and inserting ‘‘, or’’; and
16
(C) by inserting after subparagraph (D) the
17
following:
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‘‘(E)(i)(I) is inadmissible under paragraph
19
(6)(A), (6)(C), or (7) of section 212(a),
20
‘‘(II)
is
deportable
under
section
21
237(a)(1)(B) as an alien whose nonimmigrant
22
visa (or other documentation authorizing admis-
23
sion into the United States as a nonimmigrant)
24
has been revoked under section 221(i), or
25
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•HR 661 RH
‘‘(III)
is
deportable
under
section
1
237(a)(1)(C)(i), and
2
‘‘(ii) is charged with, is arrested for, is con-
3
victed of, admits having committed, or admits
4
committing acts which constitute the essential
5
elements of any offense that resulted in the death
6
or serious bodily injury (as defined in section
7
1365(h)(3) of title 18, United States Code) of an-
8
other person,’’; and
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(2) by adding at the end the following:
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‘‘(3) NOTIFICATION
REQUIREMENT.—Upon en-
11
countering or gaining knowledge of an alien described
12
in paragraph (1), the Secretary of Homeland Secu-
13
rity shall—
14
‘‘(A) obtain information from law enforce-
15
ment agencies and from other available sources
16
regarding the identity of any victims of the
17
crimes for which such alien was charged, ar-
18
rested, or convicted; and
19
‘‘(B) provide the victim or, if the victim is
20
deceased, a parent, guardian, spouse, or closest
21
living relative of such victim, with information,
22
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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•HR 661 RH
‘‘(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;
4
and
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‘‘(iv) a description of any efforts by the
6
United States Government to remove the
7
alien from the United States.
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‘‘(4) DETAINER.—The Secretary of Homeland
9
Security shall issue a detainer for an alien described
10
in paragraph (1)(E) and, if the alien is not otherwise
11
detained by Federal, State, or local officials, shall ef-
12
fectively and expeditiously take custody of the alien.’’.
13
SEC. 3. SAVINGS PROVISION.
14
Nothing in this Act, or the amendments made by this
15
Act, may be construed to limit the rights of crime victims
16
under any other provision of law, including section 3771
17
of title 18, United States Code.
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Union Calendar No. 366
118TH CONGRESS
2D SESSION
H. R. 661
[Report No. 118–442]
A BILL
To require U.S. Immigration and Customs Enforce-
ment 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.
APRIL 5, 2024
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
VerDate Sep 11 2014
22:26 Apr 05, 2024
Jkt 049200
PO 00000
Frm 00006
Fmt 6651
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