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This bill would require immigration authorities to detain certain noncitizens who are involved in assaults on law enforcement officers and to place a detainer on them. In simple terms, if a person is not legally admissible in the United States and is charged with, arrested for, convicted of, or admits to assaulting a law enforcement officer, the Department of Homeland Security would have to take them into custody if they are not already being held by another government authority. The bill is meant to make sure these cases are handled quickly and that people accused of assaulting police or other first responders are not released before immigration authorities act.
- The duty to act would shift from the Attorney General to the Secretary of Homeland Security.
- The rule would apply only to certain noncitizens who are found inadmissible under existing immigration law and who are linked to an assault on a law enforcement officer.
- An assault would be defined by the law of the place where it happened.
- The term “law enforcement officer” would include people authorized to prevent, investigate, arrest, prosecute, or jail offenders, and it would also include firefighters and other first responders.
Official Summaries
Detain and Deport Illegal Aliens Who Assault Cops Act
This bill requires the Department of Homeland Security (DHS) to take custody of any non-U.S. national (alien under federal law) who meets certain inadmissibility criteria and is arrested for, is charged with, is convicted of, or admits to assaulting a law enforcement officer, firefighter, or other first responder.
Further, the bill requires DHS to take into custody certain criminal non-U.S. nationals. Currently, this responsibility belongs to the Department of Justice.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 594 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 594
To amend the Immigration and Nationality Act to provide for the
detention of certain aliens who commit assault against law enforcement
officers.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 21, 2025
Mr. Van Drew introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for the
detention of certain aliens who commit assault against law enforcement
officers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Detain and Deport Illegal Aliens Who
Assault Cops Act''.
SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT ASSAULT AGAINST LAW
ENFORCEMENT OFFICERS.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)) is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by
striking ``Attorney General'' and inserting ``Secretary
of Homeland Security'';
(B) in subparagraph (C), by striking ``, or'' and
inserting a comma;
(C) in subparagraph (D), by adding ``or'' at the
end; and
(D) by inserting after subparagraph (D) the
following:
``(E)(i) is inadmissible under section 212(a)(6)(A)
or (C) or under section 212(a)(7); and
``(ii) is charged with, arrested for, convicted of,
admits having committed, or admits committing acts
which constitute the essential elements of any offense
involving assault of a law enforcement officer,'';
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following:
``(2) Circumstances.--
``(A) In general.--The circumstances referred to in
paragraph (1)(E) are that the law enforcement officer
was assaulted--
``(i) while he or she was engaged in the
performance of his or her official duties;
``(ii) because of the performance of his or
her official duties; or
``(iii) because of his or her status as a
law enforcement officer.
``(B) Definitions.--For purposes of paragraph
(1)(E)--
``(i) the term `assault' has the meaning
given that term in the jurisdiction where the
acts occurred; and
``(ii) the term `law enforcement officer'
is a person authorized by law--
``(I) to engage in or supervise the
prevention, detention, investigation,
or prosecution, or the incarceration of
any person for any criminal violation
of law;
``(II) to apprehend, arrest, or
prosecute an individual for any
criminal violation of law; or
``(III) to be a firefighter or
other first responder.
``(3) Detainer.--The Secretary of Homeland Security shall
issue a detainer for an alien described in paragraph (1)(E)
and, if the alien is not otherwise detained by Federal, State,
or local officials, shall effectively and expeditiously take
custody of the alien.''.
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