Us Congress 2023-2024 Regular Session

Us Congress House Bill HB7322 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	IB
2		-	Union Calendar No. 360
	1	+	I
3	2		118THCONGRESS
4	3		2
5	4		DSESSION H. R. 7322
6		-	[Report No. 118–435]
7	5		To amend the Immigration and Nationality Act with respect to enforcement
8	6		by an attorney general of a State.
9	7		IN THE HOUSE OF REPRESENTATIVES
10	8		FEBRUARY13, 2024
11	9		Mr. B
12	10		ISHOPof North Carolina (for himself, Mr. ROY, Mr. OGLES, and Mr.
13	11		T
14	12		IFFANY) introduced the following bill; which was referred to the Com-
15	13		mittee on the Judiciary
16		-	A
17		-	PRIL2, 2024
18		-	Additional sponsors: Ms. H
19		-	AGEMAN, Mr. BRECHEEN, Mr. GOSAR, Mr. POSEY,
20		-	Mr. H
21		-	IGGINSof Louisiana, Mr. ROSENDALE, Mr. DAVIDSON, Mrs.
22		-	S
23		-	PARTZ, Mr. GREENof Tennessee, and Mr. CRANE
24		-	A
25		-	PRIL2, 2024
26		-	Reported with an amendment, committed to the Committee of the Whole
27		-	House on the State of the Union, and ordered to be printed
28		-	[Strike out all after the enacting clause and insert the part printed in italic]
29		-	[For text of introduced bill, see copy of bill as introduced on February 13, 2024]
30		-	VerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H7322.RH H7322
31		-	ssavage on LAPJG3WLY3PROD with BILLS 2
32		-	•HR 7322 RH
33	14		A BILL
34	15		To amend the Immigration and Nationality Act with respect
35	16		to enforcement by an attorney general of a State.
36		-	VerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H7322.RH H7322
37		-	ssavage on LAPJG3WLY3PROD with BILLS 3
38		-	•HR 7322 RH
39	17		Be it enacted by the Senate and House of Representa-1
40	18		tives of the United States of America in Congress assembled, 2
41	19		SECTION 1. SHORT TITLE. 3
42		-	This Act may be cited as the ‘‘Standing Up to the Ex-4
43		-	ecutive branch for Immigration Enforcement Act of 2024’’ 5
44		-	or the ‘‘SUE for Immigration Enforcement Act of 2024’’. 6
45		-	SEC. 2. ENFORCEMENT BY ATTORNEY GENERAL OF A 7
46		-	STATE. 8
	20	+	This Act may be cited as the ‘‘Standing Up to the 4
	21	+	Executive branch for Immigration Enforcement Act’’ or 5
	22	+	the ‘‘SUE for Immigration Enforcement Act’’. 6
	23	+	VerDate Sep 11 2014 01:58 Feb 21, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7322.IH H7322
	24	+	kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
	25	+	•HR 7322 IH
	26	+	SEC. 2. ENFORCEMENT BY ATTORNEY GENERAL OF A 1
	27	+	STATE. 2
47	28		(a) I
48		-	NSPECTION OFAPPLICANTS FORADMISSION.— 9
49		-	Section 235(b) of the Immigration and Nationality Act (8 10
50		-	U.S.C. 1225(b)) is amended— 11
51		-	(1) by redesignating paragraph (3) as para-12
52		-	graph (4); and 13
53		-	(2) by inserting after paragraph (2) the fol-14
54		-	lowing: 15
	29	+	NSPECTION OFAPPLICANTS FORADMISSION.— 3
	30	+	Section 235(b) of the Immigration and Nationality Act (8 4
	31	+	U.S.C. 1225(b)) is amended— 5
	32	+	(1) by redesignating paragraph (3) as para-6
	33	+	graph (4); and 7
	34	+	(2) by inserting after paragraph (2) the fol-8
	35	+	lowing: 9
55	36		‘‘(3) E
56		-	NFORCEMENT BY ATTORNEY GENERAL ~~OF 16~~
57		-	A STATE.—The attorney general of a State, or ~~other 17~~
58		-	authorized State officer, alleging a violation of ~~the de-18~~
59		-	~~tention~~ and removal requirements under ~~paragraphs 19~~
60		-	(1) or (2) that harms such State or its ~~residents shall 20~~
61		-	have standing to bring an action against ~~the Sec-21~~
62		-	~~retary~~ of Homeland Security on behalf of ~~such State 22~~
63		-	or the residents of such State in an ~~appropriate dis-23~~
64		-	~~trict~~ court of the United States to ~~obtain appropriate 24~~
65		-	injunctive relief. The court shall ~~advance on the dock-25~~
66		-	~~VerDate Sep 11 2014 21:45 Apr 02,~~ ~~2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H7322.RH H7322~~
67		-	~~ssavage on LAPJG3WLY3PROD with BILLS 4~~
68		-	~~•HR 7322 RH~~
69		-	~~et and expedite the disposition of~~ a ~~civil action filed 1~~
70		-	~~under this paragraph to~~ the ~~greatest extent prac-2~~
71		-	~~ticable. For purposes~~ of ~~this paragraph, a State or its 3~~
72		-	~~residents shall be considered to have been harmed if 4~~
73		-	~~the State or its residents experience harm~~, ~~including 5~~
74		-	~~financial harm in excess of~~ $~~100.’’. 6~~
75		-	~~(b) A~~
76		-	~~PPREHENSION~~ AND DETENTION OFALIENS.— 7
77		-	Section 236 of the Immigration and Nationality Act (8 8
78		-	U.S.C. 1226) is amended— 9
79		-	(1) in subsection (e)— 10
80		-	(A) by striking ‘‘or release’’; and 11
81		-	(B) by striking ‘‘grant, revocation, or de-12
82		-	nial’’ and insert ‘‘revocation or denial’’; and 13
83		-	(2) by adding at the end the following: 14
	37	+	NFORCEMENT BY ATTORNEY GENERAL 10
	38	+	OF A STATE.—The attorney general of a State, or 11
	39	+	other authorized State officer, alleging a violation of 12
	40	+	the detention and removal requirements under para-13
	41	+	graph (1) or (2) that harms such State or its resi-14
	42	+	dents shall have standing to bring an action against 15
	43	+	the Secretary of Homeland Security on behalf of 16
	44	+	such State or the residents of such State in an ap-17
	45	+	propriate district court of the United States to ob-18
	46	+	tain appropriate injunctive relief. The court shall ad-19
	47	+	vance on the docket and expedite the disposition of 20
	48	+	a civil action filed under this paragraph to the great-21
	49	+	est extent practicable. For purposes of this para-22
	50	+	graph, a State or its residents shall be considered to 23
	51	+	have been harmed if the State or its residents expe-24
	52	+	rience harm, including financial harm in excess of 25
	53	+	$100.’’. 26
	54	+	VerDate Sep 11 2014 01:58 Feb 21, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7322.IH H7322
	55	+	kjohnson on DSK7ZCZBW3PROD with $$_JOB 3
	56	+	•HR 7322 IH
	57	+	(b) APPREHENSION AND DETENTION OFALIENS.— 1
	58	+	Section 236 of the Immigration and Nationality Act (8 2
	59	+	U.S.C. 1226) is amended— 3
	60	+	(1) in subsection (e)— 4
	61	+	(A) by striking ‘‘or release’’; and 5
	62	+	(B) by striking ‘‘grant, revocation, or de-6
	63	+	nial’’ and insert ‘‘revocation or denial’’; and 7
	64	+	(2) by adding at the end the following: 8
84	65		‘‘(f) E
85		-	NFORCEMENT BY ATTORNEYGENERAL OF A 15
86		-	S
87		-	TATE.—The attorney general of a State, or other author-16
88		-	ized State officer, alleging an action or decision by the At-17
89		-	torney General or Secretary of Homeland Security under 18
90		-	this section to release any alien or grant bond or parole 19
91		-	to any alien that harms such State or its residents shall 20
92		-	have standing to bring an action against the Attorney Gen-21
93		-	eral or Secretary of Homeland Security on behalf of such 22
94		-	State or the residents of such State in an appropriate dis-23
95		-	trict court of the United States to obtain appropriate in-24
96		-	junctive relief. The court shall advance on the docket and 25
97		-	VerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H7322.RH H7322
98		-	ssavage on LAPJG3WLY3PROD with BILLS 5
99		-	•HR 7322 RH
100		-	expedite the disposition of a civil action filed under this 1
101		-	subsection to the greatest extent practicable. For purposes 2
102		-	of this subsection, a State or its residents shall be considered 3
103		-	to have been harmed if the State or its residents experience 4
104		-	harm, including financial harm in excess of $100.’’. 5
105		-	(c) P
106		-	ENALTIES.—Section 243 of the Immigration and 6
107		-	Nationality Act (8 U.S.C. 1253) is amended by adding at 7
108		-	the end the following: 8
109		-	‘‘(e) E
110	66		NFORCEMENT BY ATTORNEYGENERAL OF A 9
111	67		S
112	68		TATE.—The attorney general of a State, or other author-10
113		-	ized State officer, alleging a violation of the requirement 11
114		-	to discontinue granting visas to citizens, subjects, nationals, 12
115		-	and residents as described in subsection (d) that harms such 13
116		-	State or its residents shall have standing to bring an action 14
117		-	against the Secretary of State on behalf of such State or 15
118		-	the residents of such State in an appropriate district court 16
119		-	of the United States to obtain appropriate injunctive relief. 17
120		-	The court shall advance on the docket and expedite the dis-18
121		-	position of a civil action filed under this subsection to the 19
122		-	greatest extent practicable. For purposes of this subsection, 20
123		-	a State or its residents shall be considered to have been 21
124		-	harmed if the State or its residents experience harm, includ-22
125		-	ing financial harm in excess of $100.’’. 23
126		-	VerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H7322.RH H7322
127		-	ssavage on LAPJG3WLY3PROD with BILLS 6
128		-	•HR 7322 RH
129		-	(d) CERTAINCLASSES OFALIENS.—Section 212(d)(5) 1
130		-	of the Immigration and Nationality Act (8 U.S.C. 2
131		-	1182(d)(5)) is amended— 3
132		-	(1) by striking ‘‘Attorney General’’ each place it 4
133		-	appears and inserting ‘‘Secretary of Homeland Secu-5
134		-	rity’’; and 6
135		-	(2) by adding at the end the following: 7
136		-	‘‘(C) The attorney general of a State, or other author-8
137		-	ized State officer, alleging a violation of the limitation 9
138		-	under subparagraph (A) that parole solely be granted on 10
139		-	a case-by-case basis and solely for urgent humanitarian 11
140		-	reasons or a significant public benefit, that harms such 12
141		-	State or its residents shall have standing to bring an action 13
142		-	against the Secretary of Homeland Security on behalf of 14
143		-	such State or the residents of such State in an appropriate 15
144		-	district court of the United States to obtain appropriate 16
145		-	injunctive relief. The court shall advance on the docket and 17
146		-	expedite the disposition of a civil action filed under this 18
147		-	subparagraph to the greatest extent practicable. For pur-19
148		-	poses of this subparagraph, a State or its residents shall 20
149		-	be considered to have been harmed if the State or its resi-21
150		-	dents experience harm, including financial harm in excess 22
151		-	of $100.’’. 23
152		-	VerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H7322.RH H7322
153		-	ssavage on LAPJG3WLY3PROD with BILLS 7
154		-	•HR 7322 RH
155		-	(e) DETENTION.—Section 241(a)(2) of the Immigra-1
156		-	tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend-2
157		-	ed— 3
158		-	(1) by striking ‘‘During the removal period,’’ 4
159		-	and inserting the following: 5
	69	+	ized State officer, alleging that an action or decision by 11
	70	+	the Attorney General or Secretary of Homeland Security 12
	71	+	under this section to release any alien or grant bond or 13
	72	+	parole to any alien that harms such State or its residents 14
	73	+	shall have standing to bring an action against the Attor-15
	74	+	ney General or Secretary of Homeland Security on behalf 16
	75	+	of such State or the residents of such State in an appro-17
	76	+	priate district court of the United States to obtain appro-18
	77	+	priate injunctive relief. The court shall advance on the 19
	78	+	docket and expedite the disposition of a civil action filed 20
	79	+	under this subsection to the greatest extent practicable. 21
	80	+	For purposes of this subsection, a State or its residents 22
	81	+	shall be considered to have been harmed if the State or 23
	82	+	its residents experience harm, including financial harm in 24
	83	+	excess of $100.’’. 25
	84	+	VerDate Sep 11 2014 01:58 Feb 21, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7322.IH H7322
	85	+	kjohnson on DSK7ZCZBW3PROD with $$_JOB 4
	86	+	•HR 7322 IH
	87	+	(c) PENALTIES.—Section 243 of the Immigration 1
	88	+	and Nationality Act (8 U.S.C. 1253) is amended by add-2
	89	+	ing at the end the following: 3
	90	+	‘‘(e) E
	91	+	NFORCEMENT BY ATTORNEYGENERAL OF A 4
	92	+	S
	93	+	TATE.—The attorney general of a State, or other author-5
	94	+	ized State officer, alleging a violation of the requirement 6
	95	+	to discontinue granting visas to citizens, subjects, nation-7
	96	+	als, and residents as described in subsection (d) that 8
	97	+	harms such State or its residents shall have standing to 9
	98	+	bring an action against the Secretary of State on behalf 10
	99	+	of such State or the residents of such State in an appro-11
	100	+	priate district court of the United States to obtain appro-12
	101	+	priate injunctive relief. The court shall advance on the 13
	102	+	docket and expedite the disposition of a civil action filed 14
	103	+	under this subsection to the greatest extent practicable. 15
	104	+	For purposes of this subsection, a State or its residents 16
	105	+	shall be considered to have been harmed if the State or 17
	106	+	its residents experience harm, including financial harm in 18
	107	+	excess of $100.’’. 19
	108	+	(d) C
	109	+	ERTAINCLASSES OF ALIENS.—Section 20
	110	+	212(d)(5) of the Immigration and Nationality Act (8 21
	111	+	U.S.C. 1182(d)(5)) is amended— 22
	112	+	(1) by striking ‘‘Attorney General’’ each place 23
	113	+	it appears and inserting ‘‘Secretary of Homeland Se-24
	114	+	curity’’; and 25
	115	+	VerDate Sep 11 2014 01:58 Feb 21, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7322.IH H7322
	116	+	kjohnson on DSK7ZCZBW3PROD with $$_JOB 5
	117	+	•HR 7322 IH
	118	+	(2) by adding at the end the following: 1
	119	+	‘‘(C) The attorney general of a State, or other au-2
	120	+	thorized State officer, alleging a violation of the limitation 3
	121	+	under subparagraph (A) that parole solely be granted on 4
	122	+	a case-by-case basis and solely for urgent humanitarian 5
	123	+	reasons or a significant public benefit, that harms such 6
	124	+	State or its residents shall have standing to bring an ac-7
	125	+	tion against the Secretary of Homeland Security on behalf 8
	126	+	of such State or the residents of such State in an appro-9
	127	+	priate district court of the United States to obtain appro-10
	128	+	priate injunctive relief. The court shall advance on the 11
	129	+	docket and expedite the disposition of a civil action filed 12
	130	+	under this subparagraph to the greatest extent prac-13
	131	+	ticable. For purposes of this subparagraph, a State or its 14
	132	+	residents shall be considered to have been harmed if the 15
	133	+	State or its residents experience harm, including financial 16
	134	+	harm in excess of $100.’’. 17
	135	+	(e) D
	136	+	ETENTION.—Section 241(a)(2) of the Immigra-18
	137	+	tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend-19
	138	+	ed— 20
	139	+	(1) by striking ‘‘During the removal period,’’ 21
	140	+	and inserting the following: 22
160	141		‘‘(A) I
161		-	N GENERAL.—During the removal pe-6
162		-	riod,’’; and 7
163		-	(2) by adding at the end the following: 8
164		-	‘‘(B) E
165		-	NFORCEMENT BY ATTORNEY GEN -9
166		-	ERAL OF A STATE.—The attorney general of a 10
167		-	State, or other authorized State officer, alleging 11
168		-	a violation of the detention requirement under 12
169		-	subparagraph (A) that harms such State or its 13
170		-	residents shall have standing to bring an action 14
171		-	against the Secretary of Homeland Security on 15
172		-	behalf of such State or the residents of such State 16
173		-	in an appropriate district court of the United 17
174		-	States to obtain appropriate injunctive relief. 18
175		-	The court shall advance on the docket and expe-19
176		-	dite the disposition of a civil action filed under 20
177		-	this subparagraph to the greatest extent prac-21
178		-	ticable. For purposes of this subparagraph, a 22
179		-	State or its residents shall be considered to have 23
180		-	been harmed if the State or its residents experi-24
181		-	VerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H7322.RH H7322
182		-	ssavage on LAPJG3WLY3PROD with BILLS 8
183		-	•HR 7322 RH
184		-	ence harm, including financial harm in excess of 1
185		-	$100.’’. 2
	142	+	N GENERAL.—During the removal 23
	143	+	period,’’; and 24
	144	+	(2) by adding at the end the following: 25
	145	+	VerDate Sep 11 2014 01:58 Feb 21, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H7322.IH H7322
	146	+	kjohnson on DSK7ZCZBW3PROD with $$_JOB 6
	147	+	•HR 7322 IH
	148	+	‘‘(B) ENFORCEMENT BY ATTORNEY GEN -1
	149	+	ERAL OF A STATE.—The attorney general of a 2
	150	+	State, or other authorized State officer, alleging 3
	151	+	a violation of the detention requirement under 4
	152	+	subparagraph (A) that harms such State or its 5
	153	+	residents shall have standing to bring an action 6
	154	+	against the Secretary of Homeland Security on 7
	155	+	behalf of such State or the residents of such 8
	156	+	State in an appropriate district court of the 9
	157	+	United States to obtain appropriate injunctive 10
	158	+	relief. The court shall advance on the docket 11
	159	+	and expedite the disposition of a civil action 12
	160	+	filed under this subparagraph to the greatest 13
	161	+	extent practicable. For purposes of this sub-14
	162	+	paragraph, a State or its residents shall be con-15
	163	+	sidered to have been harmed if the State or its 16
	164	+	residents experience harm, including financial 17
	165	+	harm in excess of $100.’’. 18
186	166		(f) L
187		-	IMIT ONINJUNCTIVERELIEF.—Section 242(f) ~~of 3~~
188		-	the Immigration and Nationality Act (8 U.S.C. ~~1252(f)) 4~~
189		-	is amended by adding at the end following: 5
	167	+	IMIT ONINJUNCTIVERELIEF.—Section 242(f) 19
	168	+	of the Immigration and Nationality Act (8 U.S.C. 20
	169	+	1252(f)) is amended by adding at the end following: 21
190	170		‘‘(3) C
191		-	ERTAIN ACTIONS.—Paragraph (1) shall 6
192		-	not apply to an action brought pursuant to section 7
193		-	235(b)(3), subsections (e) or (f) of section 236, or sec-8
194		-	tion 241(a)(2)(B).’’. 9
195		-	VerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H7322.RH H7322
196		-	ssavage on LAPJG3WLY3PROD with BILLS VerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H7322.RH H7322
197		-	ssavage on LAPJG3WLY3PROD with BILLS Union Calendar No.
198		-	360
199		-	118
200		-	TH
201		-	CONGRESS
202		-	2
203		-	D
204		-	S
205		-	ESSION
206		-
207		-	H. R. 7322
208		-	[Report No. 118–435]
209		-	A BILL
210		-	To amend the Immigration and Nationality Act
211		-	with respect to enforcement by an attorney gen-
212		-	eral of a State.
213		-	A
214		-	PRIL
215		-	2, 2024
216		-	Reported with an amendment, committed to the Com-
217		-	mittee of the Whole House on the State of the Union,
218		-	and ordered to be printed
219		-	VerDate Sep 11 2014 21:45 Apr 02, 2024 Jkt 049200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H7322.RH H7322
220		-	ssavage on LAPJG3WLY3PROD with BILLS
	171	+	ERTAIN ACTIONS.—Paragraph (1) shall 22
	172	+	not apply to an action brought pursuant to section 23
	173	+	VerDate Sep 11 2014 01:58 Feb 21, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7322.IH H7322
	174	+	kjohnson on DSK7ZCZBW3PROD with $$_JOB 7
	175	+	•HR 7322 IH
	176	+	235(b)(3), subsection (e) or (f) of section 236, or 1
	177	+	section 241(a)(2)(B).’’. 2
	178	+	Æ
	179	+	VerDate Sep 11 2014 01:58 Feb 21, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H7322.IH H7322
	180	+	kjohnson on DSK7ZCZBW3PROD with $$_JOB