Sec. 125. Operation Streamline prosecution initiative
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/bill/113/hr/3163/ih/section-125·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall suspend the program pending submission of the report in subsection
(b)to the relevant congressional committees in subsection
(c)and a revaluation of the program’s future viability. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in coordination with the Attorney General, shall submit a report to the relevant congressional committees set forth in subsection
(c)that provides details about— operational goals and oversight mechanisms of Operation Streamline and similar programs; costs of seeking Federal court prosecution and jail time for all illegal entrants prior to referral to immigration court removal proceedings, as compared to initial referral of such entrants to immigration courts upon apprehension; costs of detentions, prosecutions, and incarcerations for immigrant offenses under Operation Streamline programs over the three years prior to enactment of this Act; cost estimates for Federal resources that would be necessary to implement Operation Streamline effectively in each Border Patrol sector, including sufficient judicial resources, Federal Public Defenders, U.S. Marshals, detention facilities, United States Attorneys, and costs already being incurred in active areas; the impact of Operation Streamline programs on Federal prosecutorial initiatives focused on curbing border violence, including enhanced use of investigations and prosecutions for money laundering or other financial offenses to disrupt the illicit firearms trade, human smuggling, and cross-border drug and currency trafficking; the impact of Operation Streamline programs on discretionary prosecutorial decisions; the numbers of Federal prosecutions for drug trafficking, human smuggling, white-collar, civil rights, environmental, and other criminal cases over the three years prior to enactment of this Act in areas utilizing Operation Streamline initiatives; lengths of imprisonment, names, convictions, and locations of prisons used for those arrested under Operation Streamline programs over the three years prior to enactment of this Act; Federal convictions obtained under Operation Streamline including number of non-violent immigration offenses; comparison of rates of Federal prosecutions and convictions in districts along the southern border in relation to other districts nationwide; and interviews with criminal defense attorneys who have represented defendants charged under Operation Streamline, including review of the opportunity of arrestees to consult with immigration attorneys prior to conviction, and the ratio of defendants to defense attorneys. The Committee on Appropriations of the Senate. The Committee on the Judiciary of the Senate. The Committee on Appropriations of the House of Representatives. The Committee on the Judiciary of the House of Representatives. The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on Homeland Security of the House of Representatives. The Secretary of Homeland Security, in coordination with the Attorney General, shall have 180 additional days, after submission of the report in subsection
(b)to the relevant congressional committees, to reevaluate the future viability of the program. At the end of the 180 day period, the Secretary shall determine whether to continue or terminate the program.