I 118THCONGRESS 1 STSESSION H. R. 661 To require U.S. Immigration and Customs Enforcement to take into custody certain aliens who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY31, 2023 Mr. F EENSTRA(for himself, Mr. BUCK, Mr. DONALDS, Ms. SALAZAR, Mr. J OHNSONof Ohio, Mrs. HINSON, Mr. BABIN, Mr. HIGGINSof Louisiana, Mrs. M ILLER-MEEKS, Ms. TENNEY, Mr. SMITHof New Jersey, Mr. LAM- BORN, Mr. BACON, Mr. POSEY, Mrs. LESKO, Mr. OBERNOLTE, Mr. B OST, Mr. MOOREof Alabama, Mr. RUTHERFORD, Mr. NORMAN, Mr. F INSTAD, Mr. SESSIONS, Mr. JOHNSONof Louisiana, Mr. BURCHETT, Mr. O GLES, Mr. WEBERof Texas, Mr. C. SCOTTFRANKLINof Florida, Mr. C LINE, Mr. ROUZER, Mr. DUNCAN, Mr. CRENSHAW, Mr. HUDSON, Mr. G ARBARINO, Mr. DESJARLAIS, Mr. FRY, Mr. MIKEGARCIAof Cali- fornia, Mr. W ALBERG, and Mr. STEUBE) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require U.S. Immigration and Customs Enforcement to take into custody certain aliens who have been charged in the United States with a crime that resulted in the death or serious bodily injury of another person, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:17 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H661.IH H661 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 661 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as ‘‘Sarah’s Law’’. 2 SEC. 2. MANDATORY DETENTION OF CERTAIN ALIENS 3 CHARGED WITH A CRIME RESULTING IN 4 DEATH OR SERIOUS BODILY INJURY. 5 Section 236(c) of the Immigration and Nationality 6 Act (8 U.S.C. 1226(c)) is amended— 7 (1) in paragraph (1)— 8 (A) in subparagraphs (A) and (B), by 9 striking the comma at the end of each subpara-10 graph and inserting a semicolon; 11 (B) in subparagraph (C)— 12 (i) by striking ‘‘sentence’’ and insert-13 ing ‘‘sentenced’’; and 14 (ii) by striking ‘‘, or’’ and inserting a 15 semicolon; 16 (C) in subparagraph (D), by striking the 17 comma at the end and inserting ‘‘; or’’; and 18 (D) by inserting after subparagraph (D) 19 the following: 20 ‘‘(E)(i)(I) was not inspected and admitted 21 into the United States; 22 ‘‘(II) held a nonimmigrant visa (or other 23 documentation authorizing admission into the 24 United States as a nonimmigrant) that has 25 been revoked under section 221(i); or 26 VerDate Sep 11 2014 23:17 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H661.IH H661 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 661 IH ‘‘(III) is described in section 1 237(a)(1)(C)(i); and 2 ‘‘(ii) has been charged by a prosecuting au-3 thority in the United States with any crime 4 that resulted in the death or serious bodily in-5 jury (as defined in section 1365(h)(3) of title 6 18, United States Code) of another person,’’; 7 and 8 (2) by adding at the end the following: 9 ‘‘(3) N OTIFICATION REQUIREMENT .—Upon en-10 countering or gaining knowledge of an alien de-11 scribed in paragraph (1), the Assistant Secretary of 12 Homeland Security for Immigration and Customs 13 Enforcement shall make reasonable efforts— 14 ‘‘(A) to obtain information from law en-15 forcement agencies and from other available 16 sources regarding the identity of any victims of 17 the crimes for which such alien was charged or 18 convicted; and 19 ‘‘(B) to provide the victim or, if the victim 20 is deceased, a parent, guardian, spouse, or clos-21 est living relative of such victim, with informa-22 tion, on a timely and ongoing basis, including— 23 ‘‘(i) the alien’s full name, aliases, date 24 of birth, and country of nationality; 25 VerDate Sep 11 2014 23:17 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H661.IH H661 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 661 IH ‘‘(ii) the alien’s immigration status 1 and criminal history; 2 ‘‘(iii) the alien’s custody status and 3 any changes related to the alien’s custody; 4 and 5 ‘‘(iv) a description of any efforts by 6 the United States Government to remove 7 the alien from the United States.’’. 8 SEC. 3. SAVINGS PROVISION. 9 Nothing in this Act, or the amendments made by this 10 Act, may be construed to limit the rights of crime victims 11 under any other provision of law, including section 3771 12 of title 18, United States Code. 13 Æ VerDate Sep 11 2014 23:17 Feb 15, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H661.IH H661 kjohnson on DSK79L0C42PROD with BILLS