congressional_record: CREC-2025-01-15-pt1-PgS187-3
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| CREC-2025-01-15-pt1-PgS187-3 | 2025-01-15 | 119 | 1 | TEXT OF AMENDMENTS | SENATE | SENATE | SAMENDMENTTEXT | S187 | S195 | [{"congress": "119", "type": "S", "number": "5"}, {"congress": "119", "type": "S", "number": "5"}] | 171 Cong. Rec. S187 | Congressional Record, Volume 171 Issue 8 (Wednesday, January 15, 2025) [Congressional Record Volume 171, Number 8 (Wednesday, January 15, 2025)] [Senate] [Pages S187-S195] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 50. Mrs. BLACKBURN submitted an amendment intended to be proposed by her to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 2, line 5, strike ``Section'' and insert the following: (a) In General.--Section On page 2, line 21, strike ``(4)'' and insert ``(5)''. [[Page S188]] On page 3, line 8, strike the end quote and final period and insert the following: ``(4) Construction or acquisition of federal detention facilities.-- ``(A) In general.--The Secretary of Homeland Security shall construct or acquire, in addition to existing facilities for the detention of aliens, as provided in paragraph (3), 20 detention facilities in the United States, which shall be used to temporarily house aliens detained pending removal from the United States or a decision regarding such removal. Each facility shall have a sufficient number of beds necessary to house such aliens. ``(B) Determinations.--The location of any detention facility built or acquired pursuant to this subsection shall be determined by the Assistant Director of the Custody Management Division of Enforcement and Removal Operations.''. (b) Technical and Conforming Amendment.--Section 241(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by striking ``may expend from the appropriation `Immigration and Naturalization Service--Salaries and Expenses','' and inserting ``shall expend from the appropriation `U.S. Immigration and Customs Enforcement-- Operations and Support',''. ______ SA 51. Mrs. BLACKBURN submitted an amendment intended to be proposed by her to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. SHORT TITLES. Sections 4 through 17 of this Act may be cited as the ``Clear Law Enforcement for Criminal Alien Removal Act of 2025'' or the ``CLEAR Act''. SEC. 5. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security. (2) State.--The term ``State'' has the meaning given such term in section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)). SEC. 6. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES. Reaffirming the existing inherent authority of States, law enforcement personnel of a State, or of a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), for the purposes of assisting in the enforcement of the immigration laws of the United States in the course of carrying out routine duties. This State authority has never been displaced or preempted by Congress. SEC. 7. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF IMMIGRATION LAWS ENCOURAGED. (a) In General.--Beginning on the date that is 1 year after the date of the enactment of this Act, a State, or a political subdivision of a State, that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision of the State, from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers' routine law enforcement duties may not receive any of the funds that would otherwise be allocated to the State under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)). (b) Rule of Construction.--Nothing in this section may be construed to require law enforcement officials from States, or from political subdivisions of States, to report or arrest victims or witnesses of a criminal offense. (c) Reallocation of Funds.--Any funds that are not allocated to a State, or to a political subdivision of a State, due to the failure of such State, or of the political subdivision of such State, to comply with subsection (a) shall be reallocated to States, or to political subdivisions of States, that comply with such subsection. SEC. 8. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE. (a) Provision of Information to the National Crime Information Center.-- (1) In general.--Not later than 180 days after the date of the enactment of this Act and periodically thereafter as updates may require, the Commissioner for U.S. Customs and Border Protection shall provide the National Crime Information Center of the Department of Justice with such information as the Commissioner may possess regarding any aliens-- (A) against whom a final order of removal has been issued; (B) who have signed a voluntary departure agreement; (C) who have overstayed their authorized period of stay; or (D) whose visas have been revoked. (2) Immigration violators file.--The National Crime Information Center shall enter all of the information received pursuant to paragraph (1) into the Immigration Violators File regardless of whether-- (A) the alien concerned received notice of a final order of removal; (B) the alien concerned has already been removed; or (C) sufficient identifying information is available with respect to the alien concerned. (b) Inclusion of Information in the NCIC Index.-- (1) In general.--Section 534(a) of title 28, United States Code, is amended-- (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: ``(4) acquire, collect, classify, and preserve records of violations by aliens of the immigration laws of the United States, regardless of whether-- ``(A) any such alien has received notice of any such violation; ``(B) sufficient identifying information is available with respect to any such alien; and ``(C) any such alien has already been removed from the United States;''. (2) Effective date.--The Attorney General shall implement the amendment made by paragraph (1) not later than 6 months after the date of the enactment of this Act. SEC. 9. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION ABOUT APPREHENDED ALIENS. (a) Provision of Information.--In compliance with section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State, and each political subdivision of a State, shall submit to the Secretary, in a timely manner, the information specified in subsection (b) with respect to each alien apprehended in the jurisdiction of the State, or of a political subdivision of the State, who is believed to be in violation of the immigration laws of the United States. (b) Information Required.--The information specified in this subsection is-- (1) the alien's name; (2) the alien's address or place of residence; (3) a physical description of the alien; (4) the date, time, and location of the encounter with the alien and reason for stopping, detaining, apprehending, or arresting the alien; (5) if applicable-- (A) the alien's driver's license number and the State of issuance of such license; (B) the type of any other identification document issued to the alien, the designation number contained on the identification document, and the issuing entity for the identification document; and (C) the license plate number, make, and model of any automobile registered to, or driven by, the alien; and (6) if available or readily obtainable-- (A) a photo of the alien, ; and (B) the alien's fingerprints. (c) Annual Report.--The Secretary shall annually submit to Congress a detailed report listing the States, and the political subdivisions of States, that provided information pursuant to subsection (a) with respect to the preceding year. (d) Reimbursement.--The Secretary shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by each State, and each political subdivision of a State, as a result of submitting the information required to be submitted pursuant to subsection (a). (e) Rule of Construction.--Nothing in this section may be construed to require law enforcement officials of a State, or of a political subdivision of a State, to submit to the Secretary information related to a victim of a crime or witness to a criminal offense. SEC. 10. FINANCIAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES THAT ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS. (a) Grants for Special Equipment for Housing and Processing Certain Aliens.--The Secretary shall award grants to States and political subdivisions of States for the procurement of equipment, technology, facilities, and other products that facilitate and are directly related to investigating, apprehending, arresting, detaining, or transporting aliens who have violated the immigration laws of the United States, including additional administrative costs incurred to comply with the requirements under this Act. (b) Eligibility.--A State or political subdivision of a State desiring a grant under this section shall have the authority to assist, and shall have a written policy and practice of assisting, in the enforcement of the immigration laws of the United States in the course of carrying out the routine law enforcement duties of such State or political subdivision. Entities covered under this section may not have any policy or practice that prevents local law enforcement from inquiring about a suspect's immigration status. (c) GAO Audit.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of funds distributed to States and political subdivisions of a State pursuant to subsection (a). SEC. 11. INCREASED FEDERAL DETENTION SPACE. (a) Construction or Acquisition of Detention Facilities.-- [[Page S189]] (1) In general.--The Secretary shall construct or acquire, in addition to existing facilities for the detention of aliens, 20 detention facilities in the United States, for aliens detained pending removal from the United States or a decision regarding such removal. Each facility shall have a sufficient number of beds necessary to effectuate the purposes of this Act. (2) Determinations.--The location of any detention facility built or acquired pursuant to this subsection shall be determined by the Assistant Director of the Custody Management Division of the Enforcement and Removal Directorate. (b) Technical and Conforming Amendment.--Section 241(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting ``shall expend''. SEC. 12. FEDERAL CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT. (a) State Apprehension.-- (1) In general.--Chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after section 240C the following: ``SEC. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES. ``(a) Defined Term.--In this section, the term `alien who is unlawfully present in the United States' means an alien who-- ``(1) entered the United States without inspection or at any time, manner, or place not designated by the Secretary of Homeland Security; ``(2) was admitted as a nonimmigrant and who, at the time the alien was taken into custody by the State, or a political subdivision of the State, failed-- ``(A) to maintain the nonimmigrant status in which the alien was admitted or to which it was changed pursuant to section 248; or ``(B) to comply with the conditions of any such status; ``(3) was admitted as an immigrant and subsequently failed to comply with the requirements of such status; or ``(4) failed to depart the United States under a voluntary departure agreement or under a final order of removal. ``(b) Transfer of Custody by State and Local Officials.--If a State, or a political subdivision of the State, exercising authority with respect to the apprehension or arrest of an alien who is unlawfully present in the United States, submits to the Secretary of Homeland Security a request that such alien be taken into Federal custody, the Secretary-- ``(1) not later than 48 hours after the conclusion of the State, or the political subdivision of a State, charging process or dismissal process, or if no State or political subdivision charging or dismissal process is required, not later than 48 hours after the alien is apprehended, shall take the alien into the custody of the Federal Government and incarcerate the alien; or ``(2) shall request that the relevant State or local law enforcement agency temporarily incarcerate or transport the alien for transfer to Federal custody. ``(c) Policy on Detention in State and Local Detention Facilities.--In carrying out section 241(g)(1), the Attorney General or the Secretary of Homeland Security shall ensure that an alien arrested pursuant to this Act is detained, pending the alien being taken for an examination under this section, in a State or local prison, jail, detention center, or other comparable facility. Such a facility is adequate for detention if-- ``(1) the facility is the most suitably located Federal, State, or local facility available for such purpose under the circumstances; ``(2) an appropriate arrangement for such use of the facility can be made; and ``(3) the facility satisfies the standards for the housing, care, and security of persons held in custody of a United States marshal. ``(d) Reimbursement.-- ``(1) In general.--The Secretary of Homeland Security shall reimburse States and political subdivisions of a State for all reasonable expenses, as determined by the Secretary, incurred by the State, or political subdivision as a result of the incarceration and transportation of an alien who is unlawfully present in the United States. ``(2) Calculation.--Compensation provided pursuant to paragraph (1) shall be equal to the sum of-- ``(A) the average cost of incarceration of a prisoner in the relevant State for the period the alien was incarcerated, as determined by the chief executive officer of a State, or of a political subdivision of a State; and ``(B) the cost of transporting the alien from the point of apprehension to the place of detention, and to the custody transfer point if the place of detention and the place of custody are different. ``(e) Secure Facilities.--The Secretary of Homeland Security shall ensure that aliens incarcerated in Federal facilities pursuant to this section are held in facilities that provide an appropriate level of security. ``(f) Transfer.-- ``(1) In general.--In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended aliens from the custody of States and political subdivisions of a State to Federal custody. ``(2) Contracts.--The Secretary of Homeland Security may enter into contracts, including appropriate private contracts, to implement this subsection.''. (2) Clerical amendment.--The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 240C the following: ``Sec. 240D. Custody of aliens unlawfully present in the United States.''. (b) GAO Audit.--Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of compensation to States and political subdivisions of a State for the incarceration of aliens unlawfully present in the United States under section 240D of the Immigration and Nationality Act, as added by subsection (a)(1). SEC. 13. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS. (a) Establishment of Training Manual and Pocket Guide.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall develop-- (1) a manual to train law enforcement personnel of a State, or of a political subdivision of a State, on the investigation, identification, apprehension, arrest, detention, and transfer to Federal custody of aliens unlawfully present in the United States (including the transportation of such aliens across State lines to detention centers and the identification of fraudulent documents); and (2) an immigration enforcement pocket guide for law enforcement personnel of a State, or of a political subdivision of a State, to provide a quick reference for such personnel in the course of carrying out their duties. (b) Availability.--The training manual and pocket guide developed pursuant to subsection (a) shall be made available to all State and local law enforcement personnel. (c) Costs.--The Secretary shall be responsible for any costs incurred in developing the training manual and pocket guide pursuant to subsection (a). (d) Rule of Construction.--Nothing in this section may be construed to require State or local law enforcement personnel to carry the training manual or pocket guide with them while on duty. (e) Training Flexibility.-- (1) In general.--The Secretary shall make training of State and local law enforcement officers available through as many means as possible, including through-- (A) residential training at the Center for Domestic Preparedness of the Federal Emergency Management Agency; (B) onsite training held at State or local police agencies or facilities; (C) online training courses by computer, teleconferencing, and videotape; or (D) training courses made available on DVD. (2) E-learning.--Not later than 120 days after the date of the enactment of this Act, the Secretary shall ensure that-- (A) an e-learning portal is made available through the Federal Law Enforcement Training Center's Distributed Learning Program to train State and local law enforcement officers through a secure, encrypted distributed learning system; and (B) the system described in subparagraph (A) is scalable and survivable and has all its servers based in the United States. (3) Priority.--In carrying out this section, priority funding shall be given for existing web-based immigration enforcement training systems. (4) Federal personnel training.--The training of State and local law enforcement personnel under this section shall not displace the training of Federal personnel. (5) Savings provision.--Nothing in this Act or in any other provision of law may be construed as making any immigration- related training a requirement for, or prerequisite to, any State or local law enforcement officer assisting in the enforcement of Federal immigration laws in the normal course of carrying out the law enforcement duties of such officers. SEC. 14. IMMUNITY. (a) Personal Immunity.--A law enforcement officer of a State or local law enforcement agency who is acting within the scope of the officer's official duties shall be immune, to the same extent as a Federal law enforcement officer, from personal liability arising out of the performance of any duty described in this Act. (b) Agency Immunity.--A State or local law enforcement agency shall be immune from any claim for money damages based on Federal, State, or local civil rights law for an incident arising out of the enforcement of any Federal immigration law, except to the extent a law enforcement officer of such agency committed a violation of Federal, State, or local criminal law in the course of enforcing such immigration law. SEC. 15. INSTITUTIONAL REMOVAL PROGRAM. (a) Continuation and Expansion.-- (1) In general.--The Secretary shall continue to operate and implement the program known as the Institutional Removal Program, which-- (A) identifies removable criminal aliens in Federal and State correctional facilities; (B) ensures such aliens are not released into the community; and (C) removes such aliens from the United States after the completion of their respective sentences. (2) Expansion.--The Institutional Removal Program shall be extended to all States. Any State that receives Federal funds for the incarceration of criminal aliens shall-- [[Page S190]] (A) cooperate with officials of the Institutional Removal Program; (B) expeditiously and systematically identify all criminal aliens in its prison and jail populations; and (C) promptly convey such information to officials of the Institutional Removal Program as a condition of receiving such Federal funds. (b) Authorization for Detention After Completion of State or Local Prison Sentence.--Law enforcement officers of a State, or of a political subdivision of a State, may-- (1) hold a criminal alien for a period of up to 14 days after the alien has completed the alien's State prison sentence in order to effectuate the transfer of the alien to Federal custody when the alien is removable or not lawfully present in the United States; or (2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until personnel from U.S. Immigration and Customs Enforcement can take such alien into custody. (c) Technology Usage.--Technology, such as video conferencing, shall be used to the maximum extent practicable to make the Institutional Removal Program available in remote locations. Mobile access to Federal databases of aliens, such as IDENT, and live scan technology shall be used, to the maximum extent practicable, to make such resources available to State and local law enforcement agencies in remote locations. SEC. 16. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Department of Homeland Security, for fiscal year 2025 and for each subsequent fiscal year, such sums as may be necessary to carry out sections 4 through 15 of this Act. (b) State Criminal Alien Assistance Program.--Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is amended to read as follows: ``(5) Authorization of appropriations.--There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2025 and for each subsequent fiscal year.''. SEC. 17. SEVERABILITY. If any provision of this Act or of any amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of the provisions of this Act and of the amendments made by this Act, and the application of any such provision or amendment to other persons not similarly situated or to other circumstances, shall not be affected. ______ SA 52. Mr. HAWLEY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 2, line 19, insert ``any crime involving the use or operation of a motor vehicle, or any crime that victimizes a minor child,'' after ``offense,''. ______ SA 53. Mr. KAINE (for himself, Mr. Bennet, Mr. Hickenlooper, Mr. King, Mrs. Shaheen, Mr. Van Hollen, Mr. Welch, Mr. Merkley, Mr. Warner, and Mr. Lujan) submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: Strike all after the enacting clause and insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Laken Riley Act''. SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS. Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``or''; (B) in subparagraph (D), by striking the comma at the end and inserting a semicolon; and (C) by inserting after subparagraph (D) the following: ``(E)(i) is inadmissible under paragraph (6)(A), (6)(C), or (7) of section 212(a); and ``(ii)(I) is convicted of a crime resulting in serious bodily injury; ``(II) is convicted of any burglary, theft, or larceny offense; or ``(III) has been arrested for, or is charged with, a criminal offense described in subclause (I) or (II) and was ordered removed in absentia under section 240(b)(5) or is subject to a bench warrant for failing to appear in connection with a criminal charge or citation described in subclause (I) or (II),''; (2) by redesignating paragraph (2) as paragraph (6); and (3) by inserting after paragraph (1) the following: ``(2) Definitions.--For purposes of paragraph (1)(E), the terms `burglary', `theft', and `larceny', have the meanings given such terms in the jurisdiction in which the acts occurred. ``(3) Treatment of children.--No child who is younger than 16 years of age may be detained pursuant to subclause (II) or (III) of paragraph (1)(E)(ii). A child who is 17 or 18 years of age may not be detained pursuant to subclause (II) or (III) of paragraph (1)(E) unless the Secretary of Homeland Security determines, based on available evidence, that the child poses a danger to the community or is a flight risk. ``(4) Procedure.--Any alien detained longer than 3 months pursuant to paragraph (1)(E) may request a custody determination hearing before an immigration judge, who shall determine bond or other conditions for release only after determining that such alien does not poses a danger to the community. ``(5) Detainer.--The Secretary of Homeland Security shall-- ``(A) issue a detainer for any alien described in paragraph (1)(E); and ``(B) if such alien is not otherwise being detained by Federal, State, or local law enforcement officials, effectively and expeditiously take custody of such alien.''. ______ SA 54. Mr. COONS submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 2, line 21, strike ``(4)'' and insert ``(5)''. On page 3, line 8, strike the end quote and final period and insert the following: ``(4) Exception.--The requirement to take into custody an alien described in paragraph (1)(E) shall not apply if such detention would result in the release of, or the inability to detain or remove, an alien determined to be a more serious public safety threat or flight risk.''. ______ SA 55. Mrs. SHAHEEN submitted an amendment intended to be proposed by her to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 7, line 2, strike the period at the end. On page 7, between lines 2 and 3, insert the following: ``(D) Rule of construction with respect to ukrainian and afghan nationals.--Nothing in subparagraph (C) may be construed to limit the authority or impose liability on any Department or officer of the Federal Government pursuant to a determination to provide humanitarian parole to Afghan nationals who entered the United States after August 1, 2021 or Ukrainian nationals who entered the United States after February 24, 2022.''. ______ SA 56. Mr. MURPHY (for himself, Mr. Kaine, Mr. King, Mr. Warnock, Ms. Klobuchar, and Ms. Baldwin) submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. IMMIGRATION-RELATED ARREST WARRANTS. (a) Short Title.--This section may be cited as the ``Improving Public Safety Through Immigration Warrant Issuance Act''. (b) Warrant Authority.-- (1) In general.--Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by inserting after section 287 the following: ``SEC. 287A. AUTHORIZATION OF FEDERAL COURTS TO ISSUE ARREST WARRANTS. ``(a) Authorization of Federal Courts To Issue Arrest Warrants.--Upon receiving an application from a Federal law enforcement officer or an attorney for the Federal Government, a magistrate judge is authorized to issue a warrant to seize an alien located within the district over which the magistrate judge has jurisdiction if there is probable cause to believe that the alien-- ``(1) is removable (as defined in section 240(e)(2)); and ``(2)(A) has been charged with, or convicted of, a felony; ``(B) has been charged with, or convicted of, a crime of violence, including any crime that endangers the safety or welfare of children; or ``(C) is a threat to national security. ``(b) Ensuring the Effectiveness of Warrants for Persons in State or Local Custody.-- ``(1) Additional authorities.--If such actions are reasonably necessary to ensure the effectiveness of an arrest warrant issued pursuant to subsection (a), a magistrate judge may order the State or local jurisdiction with custody over the alien subject to such warrant-- ``(A) to transfer the alien to Federal custody; [[Page S191]] ``(B) to notify the Federal Government of the impending release of the alien to facilitate such transfer; and ``(C) to hold the alien for such time as may be necessary to facilitate such transfer, which may not exceed 48 hours. ``(2) Timing of order.--An order described in paragraph (1) may be issued contemporaneously with an arrest warrant issued pursuant to subsection (a) if, based on reliable evidence, a State or local jurisdiction with custody over the alien subject to such warrant is unlikely to assist in effectuating the warrant. ``(3) Rules of construction.--Nothing in this subsection may be construed-- ``(A) to limit any inherent or statutory power of the Federal courts to issue orders in aid of their jurisdiction, including writs of habeas corpus and writs authorized under section 1651 of title 28, United States Code (commonly known as the `All Writs Act'); or ``(B) to interfere with the Department of Homeland Security's ability to issue detainer requests, as authorized by law. ``(c) Issuing the Warrant.--Each warrant issued pursuant to this section shall-- ``(1) be issued to an officer authorized to execute it; ``(2) identify the alien to be seized and designate the magistrate judge to whom the warrant shall be returned; ``(3) require the officer to submit the issued warrant to any State or locality with custody over the alien subject to the warrant as quickly as practicable; and ``(4) be returned to the magistrate judge designated in the warrant. ``(d) Procedure for Obtaining a Warrant.-- ``(1) Ex parte proceedings.--Warrant proceedings under this section may be conducted ex parte. ``(2) Warrant on an affidavit.--When a Federal law enforcement officer or an attorney for the Federal Government presents an affidavit in support of a warrant, the magistrate judge may-- ``(A) require the affiant to appear personally before the judge; and ``(B) examine under oath the affiant and any witness produced by the affiant. ``(3) Recording testimony.--Testimony taken in support of a warrant shall be recorded by a court reporter or by a suitable recording device. The magistrate judge shall file the transcript or recording with the clerk, along with any related affidavit. ``(4) Requesting a warrant by telephonic or other reliable electronic means.--In accordance with rule 4.1 of the Federal Rules of Criminal Procedure, a magistrate judge may issue a warrant based on information communicated by telephone or other reliable electronic means. ``(e) Definitions.--In this section: ``(1) Attorney for the federal government.--The term `attorney for the Federal Government' means an attorney representing the Federal Government, as authorized by the Attorney General. ``(2) Crime of violence.--The term `crime of violence' has the meaning given such term in section 16 of title 18, United States Code. ``(3) Felony.--The term `felony' means a crime classified as a felony in the convicting jurisdiction, excluding Federal, State, or local offenses for which an essential element was the alien's immigration status. ``(4) Magistrate judge.--The term `magistrate judge' means a United States magistrate judge appointed pursuant to section 631 of title 28, United States Code.''. (2) Clerical amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 287 the following: ``Sec. 287A. Authorization of Federal courts to issue arrest warrants.''. ______ SA 57. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 3, strike line 9 and all that follows through page 8, line 10, and insert the following: SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE. (a) Standing.--The attorney general of a State, or other authorized State officer, alleging that firearms shipped, transported, transferred, or otherwise disposed to another person across the border of the United States in or otherwise affecting interstate or foreign commerce, harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. (b) Disposition of Civil Action.--The court shall advance on the docket and expedite the disposition of a civil action filed pursuant to subsection (a) to the greatest extent practicable. (c) Harm Defined.--For purposes of this section, a State or its residents shall be considered to have been harmed if such State or its residents experience harm, including financial harm in excess of $100. ______ SA 58. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 2, line 15, insert ``after the date of the enactment of the Laken Riley Act,'' before ``is charged with''. ______ SA 59. Mr. DURBIN (for himself and Mr. Sanders) submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. NONDISPLACEMENT REQUIREMENT FOR UNITED STATES WORKERS. Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended by inserting ``will not displace United States workers capable of performing such occupations and'' after ``the intending employer''. ______ SA 60. Mr. KING submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: SEC. 4. ALTERNATIVES TO DETENTION FOR CERTAIN ALIENS. Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)), as amended by this Act, is further amended by adding at the end the following: ``(5) Alternatives to detention for certain aliens.-- ``(A) In general.--The Secretary of Homeland Security shall impose ankle monitoring or a similar level of supervision, as an alternative to detention, in the case of an alien described in paragraph (1)(E)-- ``(i) who does not pose a threat to public safety; and ``(ii) with respect to whom there are extenuating circumstances. ``(B) Extenuating circumstances.--In determining whether there are extenuating circumstances for purposes of subparagraph (A)(ii), the Secretary shall consider as relevant factors-- ``(i) whether the alien's detention would result in the loss of a provider or caregiver for a child or dependent; and ``(ii) whether the alien is pregnant or suffering from a serious medical condition. ``(C) Procedures and guidance.--The Secretary of Homeland Security, in consultation with the Director of U.S. Immigration and Customs Enforcement, shall-- ``(i) establish procedures for an alien detained pursuant to paragraph (1)(E) to petition U.S. Immigration and Customs Enforcement for an alternative mandatory custodial arrangement; and ``(ii) issue guidance to U.S. Immigration and Customs Enforcement for determining whether an alien described in paragraph (1)(E) poses a threat to public safety.''. ______ SA 61. Mr. KING submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 2, line 21, strike ``and''. On page 3, line 8, strike the period at the end and insert ``; and''. On page 3, between lines 8 and 9, insert the following: (4) by inserting after paragraph (4) the following: ``(5) Exception.--Paragraph (1)(E) shall not apply with respect to the following individuals: ``(A) An individual under the age of 18. ``(B) An individual eligible for relief under the deferred action for childhood arrivals program described in the memorandum of the Department of Homeland Security entitled `Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children' issued on June 15, 2012 (commonly known as the `DACA program').''. ______ SA 62. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 3, strike lines 9 and 10 and insert the following: [[Page S192]] SEC. 3. CONTINUANCE FOR IMMIGRATION PROCEEDINGS. The Executive Office of Immigration Review shall grant at least 1 motion for a continuance of any hearing for a period of not less 6 months if such continuance is requested in writing before such scheduled hearing, on behalf of an alien detained pursuant to section 236(c)(1)(E) of the Immigration and Nationality Act, as added by section 2(1)(C). SEC. 4. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE. ______ SA 63. Mr. SANDERS (for himself and Mr. Durbin) submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. PROTECTING WORKERS. (a) Median Local Wage Level for H-1B Nonimmigrants.-- Section 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended-- (1) in subsection (n)-- (A) in paragraph (1)(A)(i)(II), by striking ``prevailing wage level'' and inserting ``the higher of the median local wage level or the actual wage of similarly employed workers''; and (B) in paragraph (2)(H)(iii), by striking ``prevailing wage'' each place such term appears and inserting ``the higher of the median local wage level or the actual wage of similarly employed workers''; (2) by striking subsection (p); (3) by redesignating subsections (q), (r), and (s) as subsections (p), (q), and (r), respectively; and (4) by redesignating subsection (t), as added by section 1(b)(2)(B) of Public Law 108-449, as subsection (s). (b) Increase of H-1B Fees and Use of Fees for National Science Foundation Scholarships.-- (1) In general.--Section 214(c)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(9)(B)) is amended by striking ``$1,500'' and inserting ``$3,000''. (2) National science foundation scholarships in science, technology, engineering, and mathematics program.--Fifty percent of the funds available under section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 1356(s)(2)), shall be made available for the Scholarships in Science, Technology, Engineering, and Mathematics program of the National Science Foundation. (c) Certification Requirement.--Section 214(c)(14) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(14)) is amended-- (1) by redesignating subparagraph (D) as subparagraph (G); and (2) by inserting after subparagraph (C) the following: ``(D) Except as provided in subparagraph (F), a petition by an employer seeking to hire an alien described in section 101(a)(15)(H)(i)(b) may not be approved until such employer has provided written certification, under penalty of perjury, to the Secretary of Labor that-- ``(i) the employer or employer under common law has not been required by law to provide a notice of a mass layoff pursuant to the Worker Adjustment and Retraining Notification Act (29 U.S.C. 2101 et seq.) during the 12-month period immediately preceding the date on which the alien is to be hired; and ``(ii) the employer or employer under common law does not intend to provide a notice of a mass layoff pursuant to such Act. ``(E) Except as provided in subparagraph (F), if an employer or employer under common law is required by law to provide a notice of a mass layoff pursuant to such Act after hiring nonimmigrants granted status pursuant to section 101(a)(15)(H)(i)(b), the status of such nonimmigrants shall expire on the date that is 120 days after the date on which such notice is provided. ``(F) An employer shall be exempt from the requirements under subparagraphs (D) and (E) if such employer provides written certification, under penalty of perjury, that the total number of the employees of the employer or the employer under common law in the United States will not be reduced as a result of a mass layoff.''. (d) Eliminating Impediments to Worker Mobility.-- (1) Effect of ending employment relationship.--Section 214(n) of such Act (8 U.S.C. 1184(n)) is amended by adding at the end the following: ``(3) A nonimmigrant admitted under section 101(a)(15)(H)(i)(b) whose employment relationship ends (either voluntarily or involuntarily) before the expiration of the nonimmigrant's period of authorized admission shall be deemed to have retained such legal status throughout the 120- day period beginning on such employment ending date if an employer files a petition to extend, change, or adjust the status of the nonimmigrant during such period.''. (2) Visa revalidation.--Section 222(c) of the Immigration and Nationality Act (8 U.S.C. 1202(c)) is amended by adding at the end the following ``The Secretary of State shall authorize an alien admitted under subparagraph (E), (H), (L), (O), or (P) of section 101(a)(15) to renew his or her nonimmigrant visa in the United States if the alien has remained eligible for such status.''. ______ SA 64. Mr. HEINRICH submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. IMPROVING BORDER SECURITY. (a) Short Title.--This section may be cited as the ``Stop Fentanyl at the Border Act''. (b) Funding.-- (1) Enhancing law enforcement capabilities at the border.-- There is appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2026, $3,409,000,000, to remain available until September 30, 2028, to support and enhance law enforcement capabilities at land borders of the United States, of which-- (A) $300,000,000 shall be for additional civilian U.S. Border Patrol processing coordinators; (B) $1,750,000,000 shall be for additional U.S. Customs and Border Protection officers, U.S. Border Patrol agents, and mission support staff within the Office of Field Operations and U.S. Border Patrol; (C) $950,000,000 shall be for hiring bonuses, retention bonuses, and retention-focused support services, including mental health services, for U.S. Customs and Border Protection officers, U.S. Border Patrol agents, U.S. Border Patrol processing coordinators, and any other U.S. Customs and Border Protection staff whose work supports operations at the land borders of the United States; and (D) $409,000,000 shall be for ``U.S. Citizenship and Immigration Services-Operations and Support'' to contribute to improved operations along the land borders of the United States. (2) Increasing fentanyl interdiction and enhancing processing capabilities at the border.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for U.S. Customs and Border Protection for the fiscal year ending September 30, 2026, $1,090,000,000, to remain available until September 30, 2028, to increase drug interdiction and processing capabilities at land borders of the United States, of which-- (A) $960,000,000 shall be for technology improvements and upgrades, which may include-- (i) the procurement and deployment of large-scale, small- scale, and handheld non-intrusive inspection scanning systems at ports of entry along the land borders of the United States; and (ii) upgrades to the information technology infrastructure upon which these systems and associated software are operated; (B) $30,000,000 shall be for technological and procedural improvements to the process of analyzing and adjudicating images from non-intrusive inspection scanning technology at land ports of entry, which may include support for the continued development of anomaly detection algorithms to enhance detection of illegal drugs at land ports of entry; and (C) $100,000,000 shall be for other technology and infrastructure upgrades that the Commissioner for U.S. Customs and Border Protection deems necessary for the agency's drug interdiction work. (3) Disrupting the outbound flow of firearms and currency from the united states.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for U.S. Customs and Border Protection for the fiscal year ending September 30, 2026, $285,000,000, to remain available until September 30, 2028, for increasing outbound inspection capabilities, including disrupting the flow of firearms and currency out of the United States, of which-- (A) $10,000,000 shall be for supporting the Outbound Enforcement Branch within the Office of Field Operations to develop and implement a comprehensive outbound inspection policy and performance metrics to measure the impact of outbound inspections; and (B) $275,000,000 shall be for outbound inspections infrastructure projects at the land borders of the United States, including-- (i) technology and connectivity improvements at rural ports of entry; and (ii) safety and technology upgrades to outbound inspection lanes at ports of entry. (4) Disrupting transnational fentanyl networks.--There is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2026-- (A) $223,000,000, to remain available until September 30, 2028, to U.S. Immigration and Customs Enforcement to expand efforts to interdict fentanyl and other illegal drugs, and disrupt networks operated by transnational criminal organizations within the United States, of which-- (i) $113,000,000 shall be for additional Homeland Security Investigations special agents; (ii) $80,000,000 shall be for the implementation of Homeland Security Investigations' Strategy for Combating Illicit Opioids; and (iii) $30,000,000 shall be for joint surge operations along the land borders of the United States by Homeland Security Investigations and U.S. Customs and Border Protection; (B) $68,000,000, to remain available until September 30, 2028, to the Drug Enforcement Administration, which shall be used for salaries and expenses relating to increased law [[Page S193]] enforcement activities along the land borders of the United States; (C) $60,000,000, to remain available until September 30, 2028, to the White House Office of National Drug Control Policy for the High Intensity Drug Trafficking Areas Program; (D) $110,000,000, to remain available until September 30, 2028, to the Department of Justice for the Organized Crime Drug Enforcement Task Forces; and (E) $50,000,000, to remain available until September 30, 2028, to the U.S. Marshals Service for salaries and expenses relating to increased law enforcement activities along the land borders of the United States. (c) Reporting Requirements.-- (1) Report on u.s. border patrol processing coordinators.-- Not later than March 31, 2028, the Commissioner for U.S. Customs and Border Protection shall submit a report to Congress that-- (A) details the impacts of Border Patrol Processing Coordinator positions; and (B) describes how such positions are supporting the mission of U.S. Customs and Border Protection. (2) Report on new outbound inspections program.--Not later than March 31, 2028, the Executive Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection shall submit a report to Congress that details the equipment that would be needed to establish a permanent outbound inspections program to increase the rate of scanning of motor vehicles departing the United States. (3) Report on existing and planned scanning technology.-- Not later than March 31, 2028, the Executive Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection shall submit a report to Congress that details, for each United States land port of entry-- (A) a summary of the non-intrusive inspection technology that is in use or is being built out; and (B) the major factors to consider regarding the future procurement and deployment of large-scale, non-intrusive inspection machines at the port of entry, including-- (i) existing limitations, including-- (I) the footprint of the port of entry; (II) land that is available for use by U.S. Customs and Border Protection at the port of entry; and (III) any geological or environmental factors that would affect construction timelines or costs; (ii) the volume and modes of traffic at the port of entry, and an estimate of the potential impacts of additional large- scale, non-intrusive inspection systems being deployed, in terms of additional seizures and impacts on transit times; and (iii) an analysis of the cost-effectiveness of deploying additional large-scale non-intrusive inspection systems at the port of entry. (d) Penalties for Hindering Immigration, Border, and Customs Controls.-- (1) Personnel and structures.--Chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) is amended by inserting after section 274D the following: ``SEC. 274E. DESTROYING OR EVADING BORDER CONTROLS. ``(a) In General.--It shall be unlawful to knowingly and without lawful authorization-- ``(1)(A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or ``(B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; and ``(2) in carrying out an act described in paragraph (1), have the intent to knowingly and willfully-- ``(A) secure a financial gain; ``(B) further the objectives of a criminal organization; and ``(C) violate-- ``(i) section 274(a)(1)(A)(i); ``(ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4301(4))); ``(iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or ``(iv) any Federal law relating to border control measures of the United States. ``(b) Penalty.--Any person who violates subsection (a) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.''. (2) Clerical amendment.--The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 274D the following: ``Sec. 274E. Destroying or evading border controls.''. ______ SA 65. Mr. CASSIDY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. EXPANSION OF REIMBURSEMENTS UNDER STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. (a) Reimbursements Under Immigration and Nationality Act.-- (1) In general.--Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended-- (A) by striking paragraph (2) and inserting the following: ``(2)(A) Except as provided in subparagraph (B), compensation under paragraph (1)(A) shall be the average cost of incarceration of a prisoner in the relevant State as determined by the Attorney General. ``(B) Compensation under paragraph (1)(A) with respect to an undocumented criminal alien described under paragraph (3)(A) shall-- ``(i) be provided for each day such undocumented criminal alien is detained by a State or a political subdivision of a State; and ``(ii) be equal to the average daily cost of incarceration of a prisoner at facilities in the same level of security as such undocumented criminal alien for the relevant State, as determined by the Attorney General.''; and (B) in paragraph (3)-- (i) in subparagraph (B), by redesignating clauses (ii) and (iii) as subclauses (II) and (III), respectively; (ii) by redesignating subparagraphs (A) and (B)(i) as subparagraph (B)(i) and clause (ii)(I), respectively; and (iii) by inserting after the matter preceding subparagraph (B)(i), as so redesignated, the following: ``(A) is described in section 236(c)(E); or''. (2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary such sums as are necessary to carry out the amendments made by this subsection. (b) Reimbursements Under Immigration Reform and Control Act of 1986.--Section 501(a) of the Immigration Reform and Control Act of 1986 (8 U.S.C. 1365(a)) is amended by inserting ``or any alien described in section 236(c)(E) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(E)'' after ``by such State''. ______ SA 66. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 3, line 8, strike the end quote and final period and insert the following: ``(4) Exemption for young children.--The mandatory detention requirement set forth in paragraph (1)(E) shall not apply to children who are younger than 14 years of age.''. (b) Special Rule.-- Nothing in this Act, or the amendments made by this Act, may be construed to supersede or modify the Stipulated Settlement Agreement filed in Reno v. Flores in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''), or subsequent court decisions related to such agreement. ______ SA 67. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 3, line 9, strike ``sec. 3'' and insert the following: SEC. 3. PROTECTION OF CHILDREN. (a) Exemption for Young Children.--Section 236(c) of the Immigration and Nationality Act, as amended by section 2, is further amended by adding at the end the following: ``(5) Exemption for young children.--The mandatory detention requirement set forth in paragraph (1)(E) shall not apply to children who are younger than 14 years of age.''. (b) Special Rule.-- Nothing in this Act, or the amendments made by this Act, may be construed to supersede or modify the Stipulated Settlement Agreement filed in Reno v. Flores in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''), or subsequent court decisions related to such agreement. SEC. 4. ______ SA 68. Mr. MURPHY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 2, line 5, strike ``Section'' and insert the following: (a) In General.--Section On page 2, beginning on line 14, strike ``and'' and all that follows through ``(ii)'' on line 15, and insert the following: ``(ii) is 14 years of age or older; and [[Page S194]] ``(iii) On page 3, between lines 8 and 9, insert the following: (b) Special Rule.-- Nothing in this Act, or the amendments made by this Act, may be construed to supersede or modify the Stipulated Settlement Agreement filed in Reno v. Flores in the United States District Court for the Central District of California on January 17, 1997 (CV 85-4544-RJK) (commonly known as the ``Flores Settlement Agreement''), or subsequent court decisions related to such agreement. ______ SA 69. Mr. MARSHALL (for himself and Mr. Graham) submitted an amendment intended to be proposed to amendment SA 8 proposed by Mr. Thune (for Ms. Ernst (for herself and Mr. Grassley)) to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: In lieu of the matter proposed to be inserted, insert the following: ``(ii) is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, or shoplifting offense, a crime of domestic violence, or any crime that results in death or serious bodily injury to another person,''; (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following: ``(2) Definitions.--For purposes of paragraph (1)(E)-- ``(A) the terms `burglary', `theft', `larceny', `shoplifting', and `serious bodily injury' have the meanings given such terms in the jurisdiction in which the acts occurred; and ``(B) the term `crime of domestic violence' has the meaning given such term in section 237(a)(2)(E)(i). ______ SA 70. Mr. MARSHALL (for himself and Mr. Graham) submitted an amendment intended to be proposed to amendment SA 8 proposed by Mr. Thune (for Ms. Ernst (for herself and Mr. Grassley)) to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: In lieu of the matter proposed to be inserted, insert the following: ``(ii) is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, a crime of domestic violence, or any crime that results in death or serious bodily injury to another person,''; (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following: ``(2) Definitions.--For purposes of paragraph (1)(E)-- ``(A) the terms `burglary', `theft', `larceny', `shoplifting', `assault of a law enforcement officer', and `serious bodily injury' have the meanings given such terms in the jurisdiction in which the acts occurred; and ``(B) the term `crime of domestic violence' has the meaning given such term in section 237(a)(2)(E)(i). ______ SA 71. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 3, line 8, strike the end quote and final period and insert the following: ``(4) Child custody determination hearing.--If any noncitizen who is 18 years of age or older and is the parent or guardian of a child who is younger than 17 years of age remains in custody pursuant to paragraph (1)(E) for 30 consecutive days, the Secretary of Homeland Security shall provide a custody determination hearing to determine whether it is in the best interests of such child for such noncitizen to be released in order to care for such child. The Secretary shall determine bond or other conditions for release only after determining that the noncitizen does not pose a flight risk or a danger to the community.''. ______ SA 72. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. BEST INTEREST OF THE CHILD STANDARD. Notwithstanding any other provision of the Act, the Secretary of Homeland Security shall detain noncitizen children younger than 18 years of age in a manner that-- (1) is consistent with the best interest of such noncitizen children; and (2) does not abrogate, modify, or replace protections for children in applicable Federal law, Federal regulations, court orders, or consent decrees. ______ SA 73. Mr. MERKLEY submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 2, beginning on line 14, strike ``and'' and all that follows through ``(ii)'' on line 15, and insert the following: ``(ii) is 18 years of age or older; and ``(iii) ______ SA 74. Mr. VAN HOLLEN submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: On page 2, line 5, strike ``Section'' and insert the following: (a) In General.--Section On page 3, between lines 8 and 9, insert the following: (b) Waiver.-- (1) Authorization.--The Secretary of Homeland Security or the Attorney General shall waive the mandatory detention requirement set forth in section 236(c)(1)(E) of the Immigration and Nationality Act, as added by subsection (a)(1), upon determining that the implementation of such requirement would require the diversion of resources away from the apprehension, detention, and removal of aliens convicted of violent crimes. (2) Quarterly assessments.--Not less frequently than quarterly, the Secretary of Homeland Security or the Attorney General shall conduct an assessment to determine whether resources are being diverted from the apprehension, detention, and removal of violent criminals due to the implementation of the mandatory detention requirement under such section 236(c)(1)(E). (3) Report requirement.--Not later than 90 days after the first date on which resources are diverted from the deportation of violent criminals due to the implementation of the mandatory detention requirement under such section 236(c)(1)(E), the Secretary of Homeland Security, in consultation with the Attorney General, shall submit a report to Congress that identifies which resources were so diverted. ______ SA 75. Mr. SCHMITT submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. SEVERABILITY. If any provision of this Act, or the application of such provision to any person or circumstance, is held by a Federal court to be unconstitutional, the remainder of this Act, and the application of such provisions to any other person or circumstance shall not be affected. ______ SA 76. Mr. SCHMITT submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. JUDICIAL AUTHORIZATION. Any Federal district court or immigration court is authorized to enter appropriate orders related to this Act, or the amendments made by this Act, requiring Federal law enforcement authorities to arrest and prosecute aliens violating Federal law. ______ SA 77. Mr. SCHMITT submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: Beginning on page 3, strike line 9 and all that follows through page 8, line 10, and insert the following: SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE. (a) Inspection of Applicants for Admission.--Section 235(b) of the Immigration and [[Page S195]] Nationality Act (8 U.S.C. 1225(b)) is amended-- (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: ``(3) Enforcement by attorney general of a state.--The attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraph (1) or (2) that will harm such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, the attorney general of a State, or other authorized State officer, shall have standing if the State or its residents are experiencing harm or will experience harm that is fairly traceable to a violation of any such detention or removal requirement or an intent to commit such violation, including-- ``(A) financial harm in excess of $1; or ``(B) an increased probability of future harm, including future encounters or interactions with aliens who are unlawfully present in the United States.''. (b) Apprehension and Detention of Aliens.--Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226), as amended by this Act, is further amended-- (1) in subsection (e)-- (A) by striking ``or release''; and (B) by striking ``grant, revocation, or denial'' and insert ``revocation or denial''; and (2) by adding at the end the following: ``(f) Enforcement by Attorney General of a State.--The attorney general of a State, or other authorized State officer, alleging an action or decision by the Attorney General or Secretary of Homeland Security under this section to release any alien or grant bond or parole to any alien that will harm such State or its residents shall have standing to bring an action against the Attorney General or Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, the attorney general of a State, or other authorized State officer, shall have standing if the State or its residents are experiencing harm or will experience harm that is fairly traceable to such action or decision to release or grant bond or parole to an alien or an intent to take such action or make such decision, including-- ``(1) financial harm in excess of $1; or ``(2) an increased probability of future harm, including future encounters or interactions with aliens who are unlawfully present in the United States.''. (c) Penalties.--Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by adding at the end the following: ``(e) Enforcement by Attorney General of a State.--The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection (d) that will harm such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, the attorney general of a State or other authorized State officer shall have standing if the State or its residents are experiencing harm or will experience harm that is fairly traceable to a violation of the requirement to discontinue granting visas to aliens described in subsection (d) or an intent to commit such violation, including-- ``(1) financial harm in excess of $1; or ``(2) an increased probability of future harm, including future encounters or interactions with aliens who are unlawfully present in the United States.''. (d) Certain Classes of Aliens.--Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is amended-- (1) by striking ``Attorney General'' each place such term appears and inserting ``Secretary of Homeland Security''; and (2) by adding at the end the following: ``(C) The attorney general of a State, or other authorized State officer, alleging a violation of the limitation under subparagraph (A) that parole solely be granted on a case-by- case basis and solely for urgent humanitarian reasons or a significant public benefit, that will harm such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, the attorney general of a State, or other authorized State officer, shall have standing if the State or its residents are experiencing harm or will experience harm that is fairly traceable to a violation of the limitation under subparagraph (A) or an intent to commit such violation, including-- ``(i) financial harm in excess of $1; or ``(ii) an increased probability of future harm, including future encounters or interactions with aliens who are unlawfully present in the United States.''. (e) Detention.--Section 241(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(2)) is amended-- (1) by striking ``During the removal period,'' and inserting the following: ``(A) In general.--During the removal period,''; and (2) by adding at the end the following: ``(B) Enforcement by attorney general of a state.--The attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph (A) that will harm such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, the attorney general of a State, or other authorized State officer, shall have standing if the State or its residents are experiencing harm or will experience harm that is fairly traceable to a violation of the detention requirement under subparagraph (A) or an intent to commit such violation, including-- ``(i) financial harm in excess of $1; or ``(ii) an increased probability of future harm, including future encounters or interactions with aliens who are unlawfully present in the United States.''. (f) Limit on Injunctive Relief.--Section 242(f) of the Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended by adding at the end following: ``(3) Certain actions.--Paragraph (1) shall not apply to an action brought pursuant to section 235(b)(3), subsections (e) or (f) of section 236, or section 241(a)(2)(B).''. ______ SA 78. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 5, to require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes; which was ordered to lie on the table; as follows: At the end of the bill, add the following: SEC. 4. DETENTION PRIORITIES. (a) In General.--If available Federal detention facilities or Federal detention resources are insufficient to house all of the aliens required to be detained under sections 236(c)(1) and 236A of the Immigration and Naturalization Act (8 U.S.C. 1226(c)(1) and 1226a), U.S. Immigration and Customs Enforcement shall place a higher priority on the detention of aliens described in subparagraphs (A) through (D) of section 236(c)(1) and section 236A of such Act. (b) Permissive Detentions.--U.S. Immigration and Customs Enforcement may detain aliens described in section 236(c)(1)(E) of the Immigration and Nationality Act, as added by section 2, if sufficient detention space and personnel resources are available for such detentions. ____________________ |