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AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would make the Department of Homeland Security (DHS) required to hold (detain) people who are in the United States unlawfully and are arrested for certain crimes. If the crime is one that would make them removable or inadmissible under current immigration rules, DHS must keep them in custody. The bill moves custody authority to the Secretary of Homeland Security, allows temporary handover to local authorities for criminal proceedings but requires DHS to take back custody if the person is not being held by those authorities, and says that if the person is not convicted of the crime DHS must still keep them detained until their immigration case is finished. It also requires DHS to finish the immigration removal process for these people within 90 days of detention.
- Who is covered: people in the U.S. without authorization who are arrested for crimes that, if convicted, would make them deportable or inadmissible under existing immigration law.
- Mandatory detention: DHS must detain those people instead of leaving detention decisions to the Attorney General or local officials.
- Custody and temporary release: DHS can hand someone over to local authorities for criminal processing, but must take them back when those authorities don’t have custody; if the person is not convicted of the criminal charge, DHS still keeps them in custody until immigration removal proceedings are complete.
- Fast timeline for removal: DHS must complete the person’s immigration removal proceedings within 90 days after detention under this rule.
Official Summaries
Grant's Law
This bill requires the Department of Justice to detain a non-U.S. national (alien under federal law) found to be unlawfully present in the United States and arrested for various crimes that would render the individual deportable or inadmissible.
The Department of Homeland Security (DHS) may release the individual to an appropriate authority for proceedings related to the arrest, but DHS must resume custody for any period that the individual is not in such authority's custody.
If the individual is not convicted of crimes for which the individual was arrested, DHS must continue to detain the individual until removal proceedings are completed. DHS must complete such removal proceedings within 90 days.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 64 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 64
To require the Secretary of Homeland Security to detain any alien who
is unlawfully present in the United States and is arrested for certain
criminal offenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Biggs of Arizona (for himself and Mrs. Luna) introduced the
following bill; which was referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To require the Secretary of Homeland Security to detain any alien who
is unlawfully present in the United States and is arrested for certain
criminal offenses.
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 ``Grant's Law''.
SEC. 2. MANDATORY DETENTION FOR CERTAIN ALIENS ARRESTED FOR THE
COMMISSION OF CERTAIN OFFENSES.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C.
1226(c)(1)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by adding ``or'' at the
end; and
(C) by inserting after subparagraph (D) the
following:
``(E) is--
``(i) determined by the Secretary of
Homeland Security to be unlawfully present in
the United States; and
``(ii) arrested for any offense described
in subparagraphs (A) through (D) the conviction
of which would render the alien inadmissible
under section 212(a) or deportable under
section 237(a),''; and
(2) in paragraph (2)--
(A) by striking ``The Attorney General'' and
inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), the Secretary of Homeland Security'';
(B) by striking ``the Attorney General'' each place
such term appears and inserting ``the Secretary''; and
(C) by adding at the end the following:
``(B) Arrested but not convicted aliens.--The
Secretary of Homeland Security may release any alien
held pursuant to paragraph (1)(E) to the appropriate
authority for any proceedings subsequent to the arrest.
The Secretary shall resume custody of the alien during
any period pending the final disposition of any such
proceedings that the alien is not in the custody of
such appropriate authority. If the alien is not
convicted of the offense for which the alien was
arrested, the Secretary shall continue to detain the
alien until removal proceedings are completed.''.
SEC. 3. EXPEDITED INITIATION OF REMOVAL PROCEEDINGS.
Section 239(d) of the Immigration and Nationality Act (8 U.S.C.
1229(d)) is amended by adding at the end the following:
``(3) In the case of any alien held pursuant to section
236(c)(1)(E), the Secretary of Homeland Security shall complete
removal proceedings by not later than 90 days after such alien
is detained.''.
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