US Federal 2023-2024 Regular Session

US Federal 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 A3267

Establishes law enforcement procedures for responding to immigration detainers and certain requests issued by federal immigration authorities.

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 H2058

Relative to state compliance with detainer requests

US HB578

Sarah's LawThis bill requires the Department of Justice or the Department of Homeland Security (DHS) to detain a non-U.S. national (alien under federal law) who is unlawfully present in the United States and has been charged with, arrested for, convicted of, or admits to having committed acts that constitute the essential elements of a crime that resulted in the death or serious bodily injury of another person.DHS must obtain information about the identity of any victims of the crimes for which the detained individual was charged or convicted. DHS shall provide the victim, or a relative or guardian of a deceased victim, with information about the detained individual, including name, date of birth, nationality, immigration status, criminal history, and a description of any related removal efforts.

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 HB3000

Modifies procedure for requesting audits of political subdivisions

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 SB644

Modifies procedure for requesting audits of political subdivisions

US S09164

Prohibits the detainment of minors with adult detainees in the city of New York.

Similar Bills

No similar bills found.