118th CONGRESS 2d Session |
To amend the Immigration and Nationality Act to provide for the detention of certain aliens who commit assault against law enforcement officers.
February 13, 2024
Mr. Van Drew introduced the following bill; which was referred to the Committee on the Judiciary
To amend the Immigration and Nationality Act to provide for the detention of certain aliens who commit assault against law enforcement officers.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Detain and Deport Illegal Aliens Who Assault Cops Act”.
SEC. 2. Detention of certain aliens who commit assault against law enforcement officers.
Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended—
(A) in the matter preceding subparagraph (A), by striking “Attorney General” and inserting “Secretary of Homeland Security”;
(B) in subparagraph (C), by striking “, or” and inserting a comma;
(C) in subparagraph (D), by adding “or” at the end; and
(D) by inserting after subparagraph (D) the following:
“(E) (i) is inadmissible under section 212(a)(6)(A) or (C) or under section 212(a)(7); and
“(ii) is charged with, arrested for, convicted of, admits having committed, or admits committing acts which constitute the essential elements of any offense involving assault of a law enforcement officer,”;
(2) by redesignating paragraph (2) as paragraph (4); and
(3) by inserting after paragraph (1) the following:
“(A) IN GENERAL.—The circumstances referred to in paragraph (1)(E) are that the law enforcement officer was assaulted—
“(i) while he or she was engaged in the performance of his or her official duties;
“(ii) because of the performance of his or her official duties; or
“(iii) because of his or her status as a law enforcement officer.
“(B) DEFINITIONS.—For purposes of paragraph (1)(E)—
“(i) the term ‘assault’ has the meaning given that term in the jurisdiction where the acts occurred; and
“(ii) the term ‘law enforcement officer’ is a person authorized by law—
“(I) to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law;
“(II) to apprehend, arrest, or prosecute an individual for any criminal violation of law; or
“(III) to be a firefighter or other first responder.
“(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.”.