118THCONGRESS
2
DSESSION H. R. 7343
AN ACT
To amend the Immigration and Nationality Act to provide
for the detention of certain aliens who commit assault
against law enforcement officers.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 2
•HR 7343 EH
SECTION 1. SHORT TITLE. 1
This Act may be cited as the ‘‘Detain and Deport 2
Illegal Aliens Who Assault Cops Act’’. 3
SEC. 2. DETENTION OF CERTAIN ALIENS WHO COMMIT AS-4
SAULT AGAINST LAW ENFORCEMENT OFFI-5
CERS. 6
Section 236(c) of the Immigration and Nationality 7
Act (8 U.S.C. 1226(c)) is amended— 8
(1) in paragraph (1)— 9
(A) in the matter preceding subparagraph 10
(A), by striking ‘‘Attorney General’’ and insert-11
ing ‘‘Secretary of Homeland Security’’; 12
(B) in subparagraph (C), by striking ‘‘, 13
or’’ and inserting a comma; 14
(C) in subparagraph (D), by adding ‘‘or’’ 15
at the end; and 16
(D) by inserting after subparagraph (D) 17
the following: 18
‘‘(E)(i) is inadmissible under section 19
212(a)(6)(A) or (C) or under section 212(a)(7); 20
and 21
‘‘(ii) is charged with, is arrested for, is 22
convicted of, admits having committed, or ad-23
mits committing acts which constitute the es-24
sential elements of any offense involving assault 25
of a law enforcement officer,’’; 26 3
•HR 7343 EH
(2) by redesignating paragraph (2) as para-1
graph (4); and 2
(3) by inserting after paragraph (1) the fol-3
lowing: 4
‘‘(2) C
IRCUMSTANCES.— 5
‘‘(A) I
N GENERAL.—The circumstances re-6
ferred to in paragraph (1)(E) are that the law 7
enforcement officer was assaulted— 8
‘‘(i) while he or she was engaged in 9
the performance of his or her official du-10
ties; 11
‘‘(ii) because of the performance of his 12
or her official duties; or 13
‘‘(iii) because of his or her status as 14
a law enforcement officer. 15
‘‘(B) D
EFINITIONS.—For purposes of 16
paragraph (1)(E)— 17
‘‘(i) the term ‘assault’ has the mean-18
ing given that term in the jurisdiction 19
where the acts occurred; and 20
‘‘(ii) the term ‘law enforcement offi-21
cer’ is a person authorized by law— 22
‘‘(I) to engage in or supervise the 23
prevention, detention, investigation, or 24
prosecution, or the incarceration of 25 4
•HR 7343 EH
any person for any criminal violation 1
of law; 2
‘‘(II) to apprehend, arrest, or 3
prosecute an individual for any crimi-4
nal violation of law; 5
‘‘(III) to be a firefighter or other 6
first responder; or 7
‘‘(IV) to be a campus police offi-8
cer or a school resource officer. 9
‘‘(3) D
ETAINER.—The Secretary of Homeland 10
Security shall issue a detainer for an alien described 11
in paragraph (1)(E) and, if the alien is not other-12
wise detained by Federal, State, or local officials, 13
shall effectively and expeditiously take custody of the 14
alien. 15
‘‘(4) A
NNUAL REPORT OF THE SECRETARY OF 16
HOMELAND SECURITY .—The Secretary of Homeland 17
Security shall on an annual basis report to the Com-18
mittee on the Judiciary of the Senate and the Com-19
mittee on the Judiciary of the House of Representa-20
tives the number of aliens described in paragraph 21
(1)(E) who were detained in the custody of the De-22
partment of Homeland Security in the preceding 23
year pursuant to such section.’’. 24 5
•HR 7343 EH
SEC. 3. GAO STUDY. 1
Not later than 180 days after the date of enactment 2
of this Act, the Comptroller General of the United States 3
shall complete a study and submit a report to Congress 4
on the number of aliens present in the United States who 5
are inadmissible under section 212(a)(6)(A) or (C) or 6
under section 212(a)(7) of the Immigration and Nation-7
ality Act who were detained, during the 5 year period pre-8
ceding the date of the report, for committing an assault 9
against a law enforcement officer. 10
Passed the House of Representatives May 15, 2024.
Attest:
Clerk. 118
TH
CONGRESS
2
D
S
ESSION
H. R. 7343
AN ACT
To amend the Immigration and Nationality Act to
provide for the detention of certain aliens who
commit assault against law enforcement officers.