Empowering Law Enforcement Act of 2023
The bill significantly modifies the process of immigration enforcement, allowing for extended detention of individuals facing removal orders. Specifically, it grants the Secretary of Homeland Security discretion to detain an alien for an additional 90 days beyond the removal period if certain conditions are met, such as the alien's non-compliance in assisting with their own removal. This change impacts existing laws governing how long and under what circumstances individuals may be held while waiting for removal, thereby increasing the federal government’s authority in such matters.
SB1640, titled the 'Empowering Law Enforcement Act of 2023', aims to enhance federal enforcement of immigration laws while providing greater authority to state and local enforcement agencies. This bill reaffirms the inherent authority of state and local law enforcement to investigate, apprehend, and detain individuals whom they suspect are in violation of immigration laws. By facilitating the transfer of custody from state to federal authorities, the bill emphasizes a cooperative relationship between different levels of law enforcement to ensure compliance with immigration regulations.
Critics of SB1640 argue that the provisions allowing for extended detention without the possibility of bond hearings may lead to human rights concerns, especially for those who may not pose a risk to public safety. Furthermore, the broad authorization for law enforcement to act on immigration matters could lead to racial profiling and abuse of power against immigrant communities. Advocacy groups have raised their concerns, emphasizing the need for balancing effective law enforcement with the protection of civil liberties and due process rights.