Official Summaries

Public Safety First Act

This bill requires the Department of Homeland Security (DHS) to detain certain non-U.S. nationals (aliens under federal law) who have been arrested for burglary, theft, larceny, or shoplifting. Specifically, DHS must detain an individual who (1) is unlawfully present in the United States or did not possess the necessary documents when applying for admission; and (2) has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of burglary, theft, larceny, or shoplifting.

Current Full Text

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 149 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                 S. 149

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 17, 2025

  Mr. Cornyn introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  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.

    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 ``Public Safety First Act''.

SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT THEFT.

    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 ``, or''; 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) 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,'';
            (2) by redesignating paragraph (2) as paragraph (4); and
            (3) by inserting after paragraph (1) the following:
            ``(2) Definition.--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.
            ``(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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