IB
Union Calendar No. 360
118THCONGRESS
2
DSESSION H. R. 7322
[Report No. 118–435]
To amend the Immigration and Nationality Act with respect to enforcement
by an attorney general of a State.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY13, 2024
Mr. B
ISHOPof North Carolina (for himself, Mr. ROY, Mr. OGLES, and Mr.
T
IFFANY) introduced the following bill; which was referred to the Com-
mittee on the Judiciary
A
PRIL2, 2024
Additional sponsors: Ms. H
AGEMAN, Mr. BRECHEEN, Mr. GOSAR, Mr. POSEY,
Mr. H
IGGINSof Louisiana, Mr. ROSENDALE, Mr. DAVIDSON, Mrs.
S
PARTZ, Mr. GREENof Tennessee, and Mr. CRANE
A
PRIL2, 2024
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on February 13, 2024]
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•HR 7322 RH
A BILL
To amend the Immigration and Nationality Act with respect
to enforcement by an attorney general of a State.
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Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Standing Up to the Ex-4
ecutive branch for Immigration Enforcement Act of 2024’’ 5
or the ‘‘SUE for Immigration Enforcement Act of 2024’’. 6
SEC. 2. ENFORCEMENT BY ATTORNEY GENERAL OF A 7
STATE. 8
(a) I
NSPECTION OFAPPLICANTS FORADMISSION.— 9
Section 235(b) of the Immigration and Nationality Act (8 10
U.S.C. 1225(b)) is amended— 11
(1) by redesignating paragraph (3) as para-12
graph (4); and 13
(2) by inserting after paragraph (2) the fol-14
lowing: 15
‘‘(3) E
NFORCEMENT BY ATTORNEY GENERAL OF 16
A STATE.—The attorney general of a State, or other 17
authorized State officer, alleging a violation of the de-18
tention and removal requirements under paragraphs 19
(1) or (2) that harms such State or its residents shall 20
have standing to bring an action against the Sec-21
retary of Homeland Security on behalf of such State 22
or the residents of such State in an appropriate dis-23
trict court of the United States to obtain appropriate 24
injunctive relief. The court shall advance on the dock-25
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•HR 7322 RH
et and expedite the disposition of a civil action filed 1
under this paragraph to the greatest extent prac-2
ticable. For purposes of this paragraph, a State or its 3
residents shall be considered to have been harmed if 4
the State or its residents experience harm, including 5
financial harm in excess of $100.’’. 6
(b) A
PPREHENSION AND DETENTION OFALIENS.— 7
Section 236 of the Immigration and Nationality Act (8 8
U.S.C. 1226) is amended— 9
(1) in subsection (e)— 10
(A) by striking ‘‘or release’’; and 11
(B) by striking ‘‘grant, revocation, or de-12
nial’’ and insert ‘‘revocation or denial’’; and 13
(2) by adding at the end the following: 14
‘‘(f) E
NFORCEMENT BY ATTORNEYGENERAL OF A 15
S
TATE.—The attorney general of a State, or other author-16
ized State officer, alleging an action or decision by the At-17
torney General or Secretary of Homeland Security under 18
this section to release any alien or grant bond or parole 19
to any alien that harms such State or its residents shall 20
have standing to bring an action against the Attorney Gen-21
eral or Secretary of Homeland Security on behalf of such 22
State or the residents of such State in an appropriate dis-23
trict court of the United States to obtain appropriate in-24
junctive relief. The court shall advance on the docket and 25
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•HR 7322 RH
expedite the disposition of a civil action filed under this 1
subsection to the greatest extent practicable. For purposes 2
of this subsection, a State or its residents shall be considered 3
to have been harmed if the State or its residents experience 4
harm, including financial harm in excess of $100.’’. 5
(c) P
ENALTIES.—Section 243 of the Immigration and 6
Nationality Act (8 U.S.C. 1253) is amended by adding at 7
the end the following: 8
‘‘(e) E
NFORCEMENT BY ATTORNEYGENERAL OF A 9
S
TATE.—The attorney general of a State, or other author-10
ized State officer, alleging a violation of the requirement 11
to discontinue granting visas to citizens, subjects, nationals, 12
and residents as described in subsection (d) that harms such 13
State or its residents shall have standing to bring an action 14
against the Secretary of State on behalf of such State or 15
the residents of such State in an appropriate district court 16
of the United States to obtain appropriate injunctive relief. 17
The court shall advance on the docket and expedite the dis-18
position of a civil action filed under this subsection to the 19
greatest extent practicable. For purposes of this subsection, 20
a State or its residents shall be considered to have been 21
harmed if the State or its residents experience harm, includ-22
ing financial harm in excess of $100.’’. 23
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(d) CERTAINCLASSES OFALIENS.—Section 212(d)(5) 1
of the Immigration and Nationality Act (8 U.S.C. 2
1182(d)(5)) is amended— 3
(1) by striking ‘‘Attorney General’’ each place it 4
appears and inserting ‘‘Secretary of Homeland Secu-5
rity’’; and 6
(2) by adding at the end the following: 7
‘‘(C) The attorney general of a State, or other author-8
ized State officer, alleging a violation of the limitation 9
under subparagraph (A) that parole solely be granted on 10
a case-by-case basis and solely for urgent humanitarian 11
reasons or a significant public benefit, that harms such 12
State or its residents shall have standing to bring an action 13
against the Secretary of Homeland Security on behalf of 14
such State or the residents of such State in an appropriate 15
district court of the United States to obtain appropriate 16
injunctive relief. The court shall advance on the docket and 17
expedite the disposition of a civil action filed under this 18
subparagraph to the greatest extent practicable. For pur-19
poses of this subparagraph, a State or its residents shall 20
be considered to have been harmed if the State or its resi-21
dents experience harm, including financial harm in excess 22
of $100.’’. 23
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•HR 7322 RH
(e) DETENTION.—Section 241(a)(2) of the Immigra-1
tion and Nationality Act (8 U.S.C. 1231(a)(2)) is amend-2
ed— 3
(1) by striking ‘‘During the removal period,’’ 4
and inserting the following: 5
‘‘(A) I
N GENERAL.—During the removal pe-6
riod,’’; and 7
(2) by adding at the end the following: 8
‘‘(B) E
NFORCEMENT BY ATTORNEY GEN -9
ERAL OF A STATE.—The attorney general of a 10
State, or other authorized State officer, alleging 11
a violation of the detention requirement under 12
subparagraph (A) that harms such State or its 13
residents shall have standing to bring an action 14
against the Secretary of Homeland Security on 15
behalf of such State or the residents of such State 16
in an appropriate district court of the United 17
States to obtain appropriate injunctive relief. 18
The court shall advance on the docket and expe-19
dite the disposition of a civil action filed under 20
this subparagraph to the greatest extent prac-21
ticable. For purposes of this subparagraph, a 22
State or its residents shall be considered to have 23
been harmed if the State or its residents experi-24
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•HR 7322 RH
ence harm, including financial harm in excess of 1
$100.’’. 2
(f) L
IMIT ONINJUNCTIVERELIEF.—Section 242(f) of 3
the Immigration and Nationality Act (8 U.S.C. 1252(f)) 4
is amended by adding at the end following: 5
‘‘(3) C
ERTAIN ACTIONS.—Paragraph (1) shall 6
not apply to an action brought pursuant to section 7
235(b)(3), subsections (e) or (f) of section 236, or sec-8
tion 241(a)(2)(B).’’. 9
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ssavage on LAPJG3WLY3PROD with BILLS Union Calendar No.
360
118
TH
CONGRESS
2
D
S
ESSION
H. R. 7322
[Report No. 118–435]
A BILL
To amend the Immigration and Nationality Act
with respect to enforcement by an attorney gen-
eral of a State.
A
PRIL
2, 2024
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
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ssavage on LAPJG3WLY3PROD with BILLS