congressional_record: CREC-2025-01-16-pt1-PgS232-3
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| CREC-2025-01-16-pt1-PgS232-3 | 2025-01-16 | 119 | 1 | TEXT OF AMENDMENTS | SENATE | SENATE | SAMENDMENTTEXT | S232 | S234 | [{"congress": "119", "type": "S", "number": "5"}, {"congress": "119", "type": "S", "number": "5"}] | 171 Cong. Rec. S232 | Congressional Record, Volume 171 Issue 9 (Thursday, January 16, 2025) [Congressional Record Volume 171, Number 9 (Thursday, January 16, 2025)] [Senate] [Pages S232-S234] From the Congressional Record Online through the Government Publishing Office [www.gpo.gov] TEXT OF AMENDMENTS SA 79. Mr. KELLY 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) Cooperation on judicial proceedings; request for release.-- ``(A) Cooperation.--The Secretary of Homeland Security shall establish rules for cooperating with requests from a Federal, State, Tribal or local official and for complying with court orders to ensure that any alien in the custody of the Department of Homeland Security who is required to appear in a court for another matter in which the alien is a defendant, victim, witness, potential witness, or person cooperating with an investigation of a major criminal activity, including proceedings for an offense described in paragraph (1)(E), is transported or transferred by an officer or employee of the Department for such court proceeding. ``(B) Release.--Any alien being held in custody pursuant to an arrest or charge described in paragraph (1)(E) who is acquitted or not otherwise convicted of such charge within 90 days after the alien's first day of detention shall be entitled to a hearing to challenge the basis for the alien's custody under paragraph (1)(E) or to request to be released under subsection (a)(2).''. ______ SA 80. 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 appropriate place, insert the following: SEC. __. 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. ______ SA 81. 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 2, line 19, strike the end quote and semicolon and all that follows through ``have the meaning'' on page 3, line 1, and insert the following: "or arson"; (2) by redesignating paragraph (2) as paragraph (4); and (3) by inserting after paragraph (1) the following: [[Page S233]] ``(2) Definition.--For purposes of paragraph (1)(E), the terms `burglary', `theft', `larceny', `shoplifting', and `arson' have the meanings ______ SA 82. Ms. HIRONO 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 3, line 8, strike the period and insert the following: ``; and (4) by adding at the end the following: ``(5) Protections for victims of trafficking.-- ``(A) In general.--Except as provided by subparagraph (C), paragraphs (1)(E) and (3) shall not apply with respect to an alien if the alien is a victim or witness in an active human trafficking investigation or makes a credible claim that the alien is a victim of or witness to human trafficking. ``(B) Examples.--Examples of circumstances in which paragraphs (1)(E) and (3) do not apply with respect to an alien include if-- ``(i) a Federal, State, or local law enforcement agency informs the Secretary that the alien may be a victim of human trafficking; ``(ii) the arrest or charges described in paragraph (1)(E) were based on acts committed under duress or as the result of force, fraud, or coercion, or based on information furnished solely by a human trafficker; or ``(iii) the alien has been approved for relief under section 101(a)(15)(T) or has a bona fide petition pending pursuant to such section. ``(C) Exception.--Notwithstanding subparagraph (A) or (B), paragraphs (1)(E) and (3) shall apply with respect to an alien if the Secretary determines that the alien is a threat to public safety or national security.''. ______ SA 83. Ms. HIRONO 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 3, line 8, strike the period and insert the following: ``; and (4) by adding at the end the following: ``(5) Protections for victims of domestic violence or human trafficking.-- ``(A) In general.--Except as provided by subparagraph (C), paragraphs (1)(E) and (3) shall not apply with respect to an alien if the alien is a victim or witness in an active domestic violence or human trafficking investigation or makes a credible claim that the alien is a victim of or witness to domestic violence or human trafficking. ``(B) Examples.--Examples of circumstances in which paragraphs (1)(E) and (3) do not apply with respect to an alien include if-- ``(i) a Federal, State, or local law enforcement agency informs the Secretary that the alien may be a victim of domestic violence or human trafficking, and the arrest or charges described in paragraph (1)(E) were based on acts committed under duress or as the result of force, fraud, or coercion, or based on information furnished solely by an abuser or human trafficker; ``(ii) the alien has received a certification pursuant to section 214(p) certifying that the alien is a victim of or witness to domestic violence; ``(iii) the alien has an approved or bona fide petition pending for immigration relief pursuant to section 101(a)(51) or another provision of this Act based on being battered or subjected to extreme cruelty by a current or former spouse, partner, parent, son, or daughter; or ``(iv) the alien has been approved for relief under section 101(a)(15)(T) or has a bona fide petition pending pursuant to such section. ``(C) Exception.--Notwithstanding subparagraph (A) or (B), paragraphs (1)(E) and (3) shall apply with respect to an alien if the Secretary determines that the alien is a threat to public safety or national security.''. ______ SA 84. 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, between lines 8 and 9, insert the following: (b) Effective Date.-- (1) In general.--Section 236(c)(1)(E) of the Immigration and Nationality, as added by this section, shall take effect upon the earlier of-- (A) the date on which the Secretary of Homeland Security certifies to the appropriate congressional committees that sufficient Federal funds are available to carry out such section 236(c)(1)(E); or (B) the first day of a fiscal year for which sufficient Federal funds have been appropriated to carry out such section 236(c)(1)(E). (2) Contents.--The certification described in paragraph (1)(A) shall include a detailed list of the amounts and programs, including any congressionally-directed spending, that are necessary to carry out such section 236(c)(1)(E). ______ SA 85. Ms. HIRONO 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 3, line 8, strike the period and insert the following: ``; and (4) by adding at the end the following: ``(5) Protections for victims of domestic violence.-- ``(A) In general.--Except as provided by subparagraph (C), paragraphs (1)(E) and (3) shall not apply with respect to an alien if the alien is a victim or witness in an active domestic violence investigation or makes a credible claim that the alien is a victim of or witness to domestic violence. ``(B) Examples.--Examples of circumstances in which paragraphs (1)(E) and (3) do not apply with respect to an alien include if-- ``(i) the alien has received a certification pursuant to section 214(p) certifying that the alien is a victim of or witness to domestic violence; ``(ii) the alien has an approved or bona fide petition pending for immigration relief pursuant to section 101(a)(51) or another provision of this Act based on being battered or subjected to extreme cruelty by a current or former spouse, partner, parent, son, or daughter; or ``(iii) a Federal, State, or local law enforcement agency informs the Secretary that the alien may be a victim of domestic violence, and the arrest or charges described in paragraph (1)(E) were falsely made, based on acts committed under duress or as the result of force, fraud, or coercion, or based on information furnished solely by an abuser. ``(C) Exception.--Notwithstanding subparagraph (A) or (B), paragraphs (1)(E) and (3) shall apply with respect to an alien if the Secretary determines that the alien is a threat to public safety or national security.''. ______ SA 86. Mr. PAUL 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 2, strike line 7 and all that follows through page 3, line 8, and insert the following: (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``, or'' and inserting a semicolon; and (B) 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) 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; or ``(F) is unlawfully present in the United States and who has voted in a Federal election in violation of section 611 of title 18, United States Code,''; (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). ``(3) Detainer.--The Secretary of Homeland Security shall-- ``(A) issue a detainer for an alien described in subparagraph (E) or (F) of paragraph (1); and ``(B) if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.''. ______ SA 87. 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 [[Page S234]] (1)(E) shall not apply if such detention would result in the release of an alien determined to be a more serious public safety threat or flight risk.''. ______ SA 88. Mr. KING (for himself and Ms. Blunt Rochester) 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, strike lines 15 through 19 and insert the following: ``(ii) has been convicted of burglary, theft, larceny, shoplifting, or assault of a law enforcement officer,''; ______ SA 89. Mr. KENNEDY 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. CONTEMPT AUTHORITY OF IMMIGRATION JUDGES. (a) Short Title.--This section may be cited as the ``Empowering Immigration Courts Act''. (b) In General.--Section 240(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(1)) is amended by striking the last sentence and inserting the following: ``The immigration judge is authorized to sanction, by fine, any conduct constituting contempt of the judge's authority under this Act, in accordance with section 401 of title 18, United States Code.''. ______ SA 90. Mr. BENNET 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. ___. CLARIFICATION WITH RESPECT TO CERTAIN ALIENS WHO CAME TO THE UNITED STATES AS CHILDREN AND ALIENS WHO ARE 16 YEARS OF AGE OR YOUNGER. 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) Exclusions.-- ``(A) In general.--An alien described in subparagraph (B) shall not be subject to custody or detention under paragraph (1)(E). ``(B) Alien described.--An alien described in this subparagraph is any alien who-- ``(i)(I) has been granted deferred action pursuant to 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; ``(II) has been granted deferred action pursuant to the final rule of the Department of Homeland Security entitled `Deferred Action for Childhood Arrivals' (87 Fed. Reg. 53152 (August 30, 2022)); or ``(III) is 16 years of age or younger; and ``(ii) is charged with, is arrested for, admits having committed, or admits committing acts which constitute the essential elements of any burglary, theft, larceny, or shoplifting offense.''. ______ SA 91. Mr. HAWLEY 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, a felony crime against a minor, 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', `felony', 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 92. Mr. PAUL 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 2, strike line 7 and all that follows through page 3, line 8, and insert the following: (1) in paragraph (1)-- (A) in subparagraph (C), by striking ``, or'' and inserting a semicolon; and (B) 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) 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, or any crime that results in death or serious bodily injury to another person; or ``(F) is unlawfully present in the United States and who has voted in a Federal election in violation of section 611 of title 18, United States Code,''; (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), 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 ``(3) Detainer.--The Secretary of Homeland Security shall-- ``(A) issue a detainer for an alien described in subparagraph (E) or (F) of paragraph (1); and ``(B) if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.''. ____________________ |