Us Congress 2023-2024 Regular Session

Us Congress House Bill HB136

Introduced
1/9/23  

Caption

Help Ensure Legal Detainers Act or the HELD Act This bill prohibits the use of federal funds by a state or local subdivision that has in effect a law, policy, or procedure that prevents or impedes a timely response to a request by the Department of Homeland Security for information about an alien in custody, including the alien's estimated release date; or compliance with a detainer request.

Impact

If passed, HB 136 would significantly impact state and local law enforcement policies regarding immigration enforcement. Any state that refuses to comply with the requirements set forth in the bill would face a loss of federal funding, which could affect various public services and programs. This creates a strong financial incentive for states to align their immigration policies with federal guidelines, thereby limiting local autonomy on immigration-related matters and compelling adherence to federal priorities.

Summary

House Bill 136, also known as the Help Ensure Legal Detainers Act or the HELD Act, seeks to deny federal funding to any state or local government that has laws or policies impeding law enforcement officials from complying with immigration detainer requests from the Department of Homeland Security. The bill emphasizes the importance of cooperation between state and federal entities in managing immigration enforcement and aims to reinforce the role of local law enforcement in this context.

Contention

The bill has sparked considerable debate among lawmakers and advocacy groups. Supporters argue that the legislation is necessary to ensure a unified approach to immigration enforcement and to prevent states from enacting policies that might undermine federal efforts to control immigration. Conversely, opponents contend that the bill infringes upon local governance and could lead to a chilling effect on community policing efforts, making undocumented individuals less likely to interact with law enforcement for fear of deportation.

Companion Bills

No companion bills found.

Previously Filed As

US HB1821

HELD Act Help Ensure Legal Detainers Act

US HB194

Safeguards Ensuring Criminal and Unvetted Refugees don't Enter America Act or the SECURE America Act This bill imposes restrictions on the admission of aliens, including refugees, and addresses related issues. Specifically, no refugees may be admitted until Congress enacts a joint resolution setting the maximum number of refugees allowed to be admitted in a particular fiscal year. Currently, that number is set each fiscal year by the President. The Department of Homeland Security (DHS) must notify Congress at least 30 days before determining that an alien or class of aliens is eligible for refugee status. Congress may nullify the determination by enacting a joint resolution of disapproval. Further, an alien shall be inadmissible for holding certain beliefs, such as (1) believing that a system of religious law should be implemented in the United States, (2) believing that the alien does not need to learn English if the alien is not already fluent, or (3) any belief that the Department of State determines is incompatible with the principles of the United States. DHS may not parole into the United States an alien who does not have status under immigration law. Currently, DHS may provide parole in certain instances, including for urgent humanitarian reasons. Federal agencies must notify a state at least 30 days before resettling a refugee in that state. The refugee may not be resettled in that state if the state expresses disapproval. An alien who has committed a crime of violence (generally one involving the use or threat of physical violence against person or property) may not be eligible for refugee status and must be removed.

US HB143

This bill prohibits the Department of Defense (DOD) from using funds to transfer or release within the United States (including its territories or possessions) any detainee (1) who is not a U.S. citizen or member of the U.S. Armed Forces; and (2) who is or was held by DOD at U.S. Naval Station, Guantanamo Bay, Cuba, on or after January 20, 2009.

US HB205

No Congressional Funds for Sanctuary Cities ActThis bill prohibits federal funds from being used as congressionally directed spending (i.e., an earmark) for jurisdictions that withhold information about citizenship or immigration status or do not cooperate with immigration detainers.Specifically, such funds are denied to any jurisdiction that has a law, policy, or practice that prohibits or restricts any government entity frommaintaining, sending, or receiving information regarding the citizenship or immigration status of any individual;exchanging information regarding an individual's citizenship or immigration status with a federal, state, or local government entity;complying with a valid immigration detainer from the Department of Homeland Security (DHS); ornotifying DHS about an individual's release from custody.The funding restriction does not apply to a law, policy, or practice that only applies to an individual who comes forward as a victim of or a witness to a criminal offense.This prohibition begins in FY2026.

US HB61

Ensuring United Families at the Border ActThis bill addresses the treatment of children who are non-U.S. nationals (aliens under federal law), including by statutorily establishing that there is no presumption that such a child (other than an unaccompanied child) should not be detained for immigration purposes.Specifically, the bill states that the detention of such minors shall be governed by specified sections of the Immigration and Nationality Act and not any other provision of law, judicial ruling, or settlement agreement.(A 1997 settlement agreement, commonly known as the Flores agreement, imposes requirements relating to the treatment of detained alien minors, including requiring such minors to be released or placed in a nonsecure facility after a certain amount of time in detention.)If an adult enters the United States unlawfully with their child, the Department of Homeland Security must detain the adult and child together if the only criminal charge against the adult is a misdemeanor for unlawful entry.This bill also prohibits states from imposing licensing requirements on immigration detention facilities used to detain minors or families with minors.

US HB402

Protect Communities from a Porous Border Act of 2023 This bill requires the Department of Homeland Security (DHS) to notify a state before placing a non-U.S. national (alien under federal law) in that state and gives the state final authority to prohibit such a placement. At least 10 business days before placing (e.g., detaining or housing) such an individual in a state, DHS must provide certain information to that state, including (1) the individual's biographic and biometric information, including DNA; and (2) a certification that the biometric and biographic information has been checked in various law enforcement and counterterrorism databases. No federal court shall have jurisdiction to review (1) the requirements and procedures established under this bill, or (2) a decision by a state to prohibit the placement of such an individual in the state. The bill also prohibits any federal official from waiving any of the bill's requirements.

US HB367

Criminal Alien Gang Member Removal Act This bill makes non-U.S. nationals (aliens under federal law) associated with criminal gangs inadmissible for entry into the United States and deportable. The bill also establishes procedures to designate groups with criminal gang status. An individual shall be inadmissible if a consular officer, the Department of Homeland Security (DHS), or the Department of Justice knows or has reason to believe that the individual is or was a criminal gang member or has participated or aided such a group's illegal activities. An individual who is or was a member of such a gang, or has participated or aided such a group's illegal activities, shall be deportable. Such individuals must be subject to mandatory detention. Furthermore, such individuals shall not be eligible for (1) asylum; (2) temporary protected status; (3) special immigrant juvenile visas; or (4) parole, unless they are assisting the government in a law enforcement matter. The bill defines a criminal gang as a group of five or more persons (1) where one of its primary purposes is committing specified criminal offenses and its members have engaged in a continuing series of such offenses within the past five years, or (2) that has been designated as a criminal gang by DHS. The bill also establishes procedures for DHS to designate a group as a criminal gang, including notifying Congress, publishing a notice in the Federal Register, and providing an opportunity for the group to petition for administrative and judicial review of the designation.

US HB58

Federal Information Resource to Strengthen Ties with State and Local Law Enforcement Act of 2023 or the FIRST State and Local Law Enforcement Act of 2023 This bill requires the Department of Homeland Security's Office for State and Local Law Enforcement to report annually on its activities.

US HB87

Grant's Law This bill requires the Department of Justice to detain any alien found to be unlawfully present in the United States and arrested for various crimes that would render the alien deportable or inadmissible. The Department of Homeland Security (DHS) may release the alien to an appropriate authority for proceedings related to the arrest, but DHS must resume custody for any period that the alien is not in such authority's custody. If the alien is not convicted of crimes for which the alien was arrested, DHS must continue to detain the alien until removal proceedings are completed. DHS must complete such removal proceedings within 90 days.

US HB594

Detain and Deport Illegal Aliens Who Assault Cops ActThis bill requires the Department of Homeland Security (DHS) to take custody of any non-U.S. national (alien under federal law) who meets certain inadmissibility criteria and is arrested for, is charged with, is convicted of, or admits to assaulting a law enforcement officer, firefighter, or other first responder.Further, the bill requires DHS to take into custody certain criminal non-U.S. nationals. Currently, this responsibility belongs to the Department of Justice.

Similar Bills

No similar bills found.