Us Congress 2023-2024 Regular Session

Us Congress House Bill HB92

Introduced
1/9/23  

Caption

State Immigration Enforcement Act This bill authorizes state and local governments to enact and enforce laws that penalize conduct prohibited under federal immigration law. Such state and local laws may only impose civil and criminal penalties that do not exceed the penalties imposed by federal law. The bill also revokes a federal law that preempts (blocks) state and local laws that impose civil or criminal penalties for employing non-U.S. nationals who are not authorized to work in the United States.

Impact

The proposed legislation would amend existing structures related to the enforcement of immigration laws by allowing states to take direct action against conduct that is traditionally managed at the federal level. Notably, the bill also contains provisions to revoke federal protections that prevent state or local penalties against employers who hire unauthorized workers. This shift could result in a more fragmented immigration enforcement landscape across the United States, with varying degrees of enforcement depending on state policies.

Summary

House Bill 92, known as the State Immigration Enforcement Act, aims to authorize state and local governments to enact and enforce laws that impose civil and criminal penalties for violations of immigration laws. This bill allows states and their subdivisions to match the penalties outlined in federal immigration law but prohibits them from exceeding these federally established penalties. This legislative move seeks to empower state-level enforcement of immigration laws, potentially enabling local jurisdictions to take a more active role in immigration regulation within their communities.

Contention

While proponents of HB 92 argue that it empowers local authorities to better manage immigration concerns and enhances public safety through adherence to federal laws, critics raise significant concerns regarding the potential for increased discrimination and the burden on local resources. Opponents contend that such enforcement can lead to racial profiling and undermine community trust in local law enforcement. Furthermore, there is apprehension that inconsistent enforcement could exacerbate the challenges faced by immigrants and their families, creating a climate of fear and uncertainty.

Companion Bills

No companion bills found.

Previously Filed As

US HB218

State Immigration Enforcement Act This bill authorizes state and local governments to enact and enforce laws that penalize conduct prohibited under federal immigration law. Such state and local laws may only impose civil and criminal penalties that do not exceed the penalties imposed by federal law. The bill also revokes a federal law that preempts (blocks) state and local laws that impose civil or criminal penalties for employing non-U.S. nationals who are not authorized to work in the United States.

US HB28

Illegal Alien NICS Alert Act This bill requires the national instant criminal background check system to notify U.S. Immigration and Customs Enforcement and relevant state and local law enforcement agencies when the system indicates that a prospective firearm transferee is illegally or unlawfully in the United States.

US HB36

Patrick Underwood Federal Law Enforcement Protection Act of 2023 This bill revises the federal criminal statute that prohibits assaulting, resisting, or impeding certain federal officers or employees. Among other changes, the bill increases the applicable penalties for such offenses.

US HB47

Victims Of Immigration Crime Engagement Restoration Act or the VOICE Restoration Act This bill establishes the Victims of Immigration Crime Engagement Office within U.S. Immigration and Customs Enforcement. The office shall provide assistance to victims of crimes committed by non-U.S. nationals (aliens under federal law) who are present in the United States without lawful immigration status.

US HB58

Federal Information Resource to Strengthen Ties with State and Local Law Enforcement Act of 2023 or the FIRST State and Local Law Enforcement Act of 2023 This bill requires the Department of Homeland Security's Office for State and Local Law Enforcement to report annually on its activities.

US HB10415

To amend the Immigration and Nationality Act to provide that employment authorization is only available to aliens who are lawfully present in the United States, and for other purposes.

US HB47

Victims Of Immigration Crime Engagement Restoration Act or the VOICE Restoration Act This bill establishes the Victims of Immigration Crime Engagement Office within U.S. Immigration and Customs Enforcement. The office shall provide assistance to victims of crimes committed by non-U.S. nationals (aliens under federal law) who are present in the United States without lawful immigration status.

US HB283

Preventing Unjust Red Flag Laws Act of 2023 This bill prohibits the use of federal funds to implement or enforce red flag laws. The term red flag law means a risk-based, temporary, and preemptive protective order that authorizes the removal of a firearm without due process.

US HB89

Injunctive Authority Clarification Act of 2023 This bill prohibits federal courts from issuing injunctive orders that bar enforcement of a federal law or policy against a nonparty, unless the nonparty is represented by a party in a class action lawsuit.

US HB233

Qualified Immunity Act of 2023 This bill provides statutory authority for qualified immunity for law enforcement officers in civil cases involving constitutional violations. Current law provides a statutory civil cause of action against state and local government actors (e.g., law enforcement officers) for violations of constitutional rights, also known as Section 1983 lawsuits. The Supreme Court has also found an implied cause of action against federal law enforcement officers in certain situations (e.g., Fourth Amendment violations), also known as Bivens lawsuits. However, under the judicial doctrine of qualified immunity, government officials performing discretionary duties are generally shielded from civil liability, unless their actions violate clearly established rights of which a reasonable person would have known. The bill provides statutory authority for these principles with respect to law enforcement officers. Specifically, under the bill, law enforcement officers are entitled to qualified immunity if (1) at the time of the alleged violation, the constitutional right at issue was not clearly established or the state of the law was not sufficiently clear for every reasonable officer to know that the conduct was unconstitutional; or (2) a court has held that the specific conduct at issue is constitutional. The bill applies to federal, state, and local law enforcement officers. It also specifies that law enforcement agencies and local governments may not be held liable if their officers are entitled to qualified immunity.

Similar Bills

No similar bills found.