Sec. 3. Enforcement by attorney general of a State

893 words·~4 min read·/bill/119/hr/29/pcs/section-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 235(b) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b) ) is amended— by redesignating paragraph

(3)as paragraph (4); and by inserting after paragraph

(2)the following: The attorney general of a State, or other authorized State officer, alleging a violation of the detention and removal requirements under paragraphs

(1)or

(2)that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this paragraph to the greatest extent practicable. For purposes of this paragraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), as amended by this Act, is further amended— in subsection (e)— by striking or release ; and by striking grant, revocation, or denial and insert revocation or denial ; and by adding at the end the following: The attorney general of a State, or other authorized State officer, alleging an action or decision by the Attorney General or Secretary of Homeland Security under this section to release any alien or grant bond or parole to any alien that harms such State or its residents shall have standing to bring an action against the Attorney General or Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . Section 243 of the Immigration and Nationality Act ( 8 U.S.C. 1253 ) is amended by adding at the end the following: The attorney general of a State, or other authorized State officer, alleging a violation of the requirement to discontinue granting visas to citizens, subjects, nationals, and residents as described in subsection

(d)that harms such State or its residents shall have standing to bring an action against the Secretary of State on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable. For purposes of this subsection, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . Section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) is amended— by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; and by adding at the end the following: The attorney general of a State, or other authorized State officer, alleging a violation of the limitation under subparagraph

(A)that parole solely be granted on a case-by-case basis and solely for urgent humanitarian reasons or a significant public benefit, that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . Section 241(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1231(a)(2) ) is amended— by striking During the removal period, and inserting the following: During the removal period, ; and by adding at the end the following: The attorney general of a State, or other authorized State officer, alleging a violation of the detention requirement under subparagraph

(A)that harms such State or its residents shall have standing to bring an action against the Secretary of Homeland Security on behalf of such State or the residents of such State in an appropriate district court of the United States to obtain appropriate injunctive relief. The court shall advance on the docket and expedite the disposition of a civil action filed under this subparagraph to the greatest extent practicable. For purposes of this subparagraph, a State or its residents shall be considered to have been harmed if the State or its residents experience harm, including financial harm in excess of $100. . Section 242(f) of the Immigration and Nationality Act ( 8 U.S.C. 1252(f) ) is amended by adding at the end following: Paragraph

(1)shall not apply to an action brought pursuant to section 235(b)(3), subsections

(e)or

(f)of section 236, or section 241(a)(2)(B). .

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