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Code · BILL · 119th Congress · H.R. 7190 (Introduced in House) — To end detention and electronic monitoring, and redirect funding to community-based wrap-around services. · Sec. 1

Sec. 1. Abolish immigration detention; repeal of detention authority and enforcement

610 words·~3 min read·/bill/119/hr/7190/ih/section-1

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Not later than six months after the date of the enactment of this Act, the Secretary of Homeland Security shall release on their own recognizance any noncitizen detained by the Secretary of Homeland Security. Clauses
(ii)and (iii)(IV) of section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) are repealed. Subparagraphs (A), (B), and
(C)of section 235(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2) ) are repealed. Section 235(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1225(d)(2) ) is amended— by striking subparagraphs
(A)and (B); and by striking United States— and inserting United States to deliver the noncitizen to an immigration officer for inspection or to a medical officer for examination. . Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is repealed. Section 241 of the Immigration and Nationality Act ( 8 U.S.C. 1231 ) is amended— by striking subsection (a); and by redesignating subsections (b), (c), (d), (e), (f), (g), and
(h)as subsections (a), (b), (c), (d), (e), (f), (g), respectively. Section 287 of the Immigration and Nationality Act ( 8 U.S.C. 1357 ) is amended to read as follows: Any officer or employee of the Service authorized under regulations prescribed by the Attorney General shall have power without warrant to arrest any alien who in his presence or view is entering or attempting to enter the United States in violation of any law or regulation made in pursuance of law regulating the admission, exclusion, expulsion or removal of aliens, or to arrest any alien in the United States, if he has reason to believe that the alien so arrested is in the United States in violation of any such law or regulation and is likely to escape before a warrant can be obtained for his arrest, but the alien arrested shall be taken without unnecessary delay for examination before an officer of the Service having authority to examine aliens as to their right to enter or remain in the United States. An alien described in section 101(a)(27)(J) of the Immigration and Nationality Act who has been battered, abused, neglected, or abandoned, shall not be compelled to contact the alleged abuser (or family member of the alleged abuser) at any stage of applying for special immigrant juvenile status, including after a request for the consent of the Secretary of Homeland Security under section 101(a)(27)(J)(iii)(I) of such Act. . Section 439 of the Antiterrorism and Effective Death Penalty Act of 1996 ( 8 U.S.C. 1252C ) is repealed. Section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1644 ) is repealed. Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ) is repealed. Paragraphs
(5)and
(6)of section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227 ) is repealed. Not later than two years after the date of the enactment of this Act, the Secretary of Homeland Security shall terminate any contract entered into by the Secretary of Homeland Security on or before the date of the enactment of this Act with respect to immigration detention and monitoring programs, including any contract with any entity that owns or operates a program or facility that provides services related to detention or monitoring. Beginning on the date that is two years after the date of the enactment of this Act, no Federal funds may be used with respect to immigration detention and monitoring programs, including any contract with any entity that owns or operates a program or facility that provides services related to detention or monitoring.
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