Sec. 2. Clarifying the authority of ICE detainers
402 words·~2 min read·
/bill/116/hr/2988/ih/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as otherwise provided by Federal law or rule of procedure, the Secretary shall execute all lawful writs, process, and orders issued under the authority of the United States, and shall command all necessary assistance to execute the Secretary’s duties. A State, or a political subdivision of a State, that has in effect a statute or policy or practice providing that it not comply with any Department detainer ordering that it temporarily hold an alien in their custody so that the alien may be taken into Federal custody, or transport the alien for transfer to Federal custody, shall not be eligible to receive— any of the funds that would otherwise be allocated to the State or political subdivision under section 241(i) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i) ), the Cops on the Beat program under part Q of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 et seq.), or the Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq.); or any other grant administered by the Department of Justice that is substantially related to law enforcement (including enforcement of the immigration laws), immigration, enforcement of the immigration laws, or naturalization or administered by the Department of Homeland Security that is substantially related to immigration, the enforcement of the immigration laws, or naturalization.
A State or unit of local government, and any law enforcement officer of such State or unit of local government, acting in compliance with a detainer issued by the Secretary of Homeland Security, shall be considered to be acting under color of Federal authority for purposes of determining liability, and immunity from suit, in any civil action brought by the alien under Federal or State law. It is the sense of Congress that the Department has probable cause to believe that an alien is inadmissible or deportable when it issues a detainer regarding such alien under the standards in place on the date of introduction of this Act.
In this section: The term Department means the Department of Homeland Security. The term Secretary means the Secretary of Homeland Security. The term State has the meaning given to such term in section 101(a)(36) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(36) ).
Connectionstraces to 4
Citation graph
cites case law
Cites 4Cited by 0 across 0 sources