I
119THCONGRESS
1
STSESSION H. R. 756
To amend section 287(g) of the Immigration and Nationality Act to clarify
congressional intent with respect to agreements under such section, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY28, 2025
Mr. C
LOUD(for himself, Mr. ROY, Mr. OGLES, Mr. BABIN, Mr. HARRISof
Maryland, Ms. T
ENNEY, Mr. BIGGSof Arizona, and Mr. NEHLS) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To amend section 287(g) of the Immigration and Nationality
Act to clarify congressional intent with respect to agree-
ments under such section, and for other purposes.
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 ‘‘287(g) Program Pro-4
tection Act’’. 5
SEC. 2. CLARIFICATION OF CONGRESSIONAL INTENT. 6
Section 287(g) of the Immigration and Nationality 7
Act (8 U.S.C. 1357(g)) is amended— 8
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(1) in paragraph (1), by striking ‘‘the Attorney 1
General may enter’’ and all that follows through the 2
period at the end and inserting the following: ‘‘the 3
Secretary of Homeland Security shall enter into a 4
written agreement with a State, or any political sub-5
division of a State, upon request of the State or po-6
litical subdivision, pursuant to which law enforce-7
ment officers of the State or subdivision, who are 8
determined by the Secretary to be qualified to per-9
form a function of an immigration officer in relation 10
to the investigation, apprehension, or detention of 11
aliens in the United States (including the transpor-12
tation of such aliens across State lines to detention 13
centers), may carry out such function at the expense 14
of the State or political subdivision. No request from 15
a bona fide State or political subdivision or bona fide 16
law enforcement agency shall be denied absent a 17
compelling reason, and the Secretary shall notify the 18
Congress and publish in the Federal Register an ex-19
planation for those reasons at least 180 days in ad-20
vance of making final the denial. No limit on the 21
number of agreements under this subsection may be 22
imposed. The Secretary shall process requests for 23
such agreements with all due haste, and in no case 24
shall more than 90 days elapse from the date the re-25
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quest is made until the agreement is consummated. 1
For purposes of this subsection, any reference to a 2
political subdivision shall be construed to include any 3
law enforcement or corrections agency of the polit-4
ical subdivision.’’; 5
(2) by striking ‘‘Attorney General’’ each place 6
such term appears and inserting ‘‘Secretary’’; 7
(3) by redesignating paragraphs (2) through 8
(10) as paragraphs (5) through (13), respectively; 9
(4) by inserting after paragraph (1) the fol-10
lowing: 11
‘‘(2) An agreement under this subsection shall 12
accommodate a requesting State or political subdivi-13
sion with respect to the enforcement model or com-14
bination of models, and shall accommodate a patrol 15
model, task force model, jail model, any combination 16
thereof, or any other reasonable model the State or 17
political subdivision believes is best suited to the im-18
migration enforcement needs of its jurisdiction. 19
‘‘(3) No Federal program or technology directed 20
broadly at identifying inadmissible or deportable 21
aliens shall substitute for such agreements, including 22
those establishing a jail model, and shall operate in 23
addition to any agreement under this subsection. 24
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‘‘(4)(A) No agreement under this subsection 1
may be terminated absent a compelling reason. 2
‘‘(B)(i) The Secretary shall provide a State or 3
political subdivision written notice of intent to termi-4
nate at least 180 days prior to date of intended ter-5
mination, and the notice shall fully explain the 6
grounds for termination, along with providing evi-7
dence substantiating the Secretary’s allegations. 8
‘‘(ii) In order to determine whether the require-9
ments of this paragraph have been satisfied, the 10
State or political subdivision shall have the right— 11
‘‘(I) to appeal the decision of the Secretary 12
to an administrative law judge for a hearing 13
and decision; or 14
‘‘(II) to bring a civil action in an appro-15
priate court of jurisdiction. 16
‘‘(C) The agreement shall remain in full effect 17
during the course of any and all legal proceedings.’’; 18
and 19
(5) in paragraph (6) (as redesignated), by add-20
ing at the end the following: ‘‘The Secretary of 21
Homeland Security shall implement uniform training 22
requirements for law enforcement officers who are, 23
or will be, performing a function of an immigration 24
officer under this subsection. The training require-25
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ments shall align with Federal Law Enforcement 1
Training Center standards for training under this 2
subsection (as in effect of the date of the enactment 3
of this sentence).’’. 4
SEC. 3. FUNDING. 5
Section 286(r) of the Immigration and Nationality 6
Act (8 U.S.C. 1356(r)) is amended— 7
(1) in the subsection heading, by striking 8
‘‘B
REACHEDBOND/DETENTIONFUND’’ and insert-9
ing ‘‘B
REACHEDBOND/DETENTION/287(g) FUND’’; 10
(2) by striking ‘‘Attorney General’’ each place 11
such term appears and inserting ‘‘Secretary of 12
Homeland Security’’; 13
(3) in paragraph (1), by striking ‘‘Breached 14
Bond/Detention’’ and inserting ‘‘Breached Bond/De-15
tention/287(g)’’; 16
(4) in paragraph (2), by striking ‘‘Department 17
of Justice’’ and inserting ‘‘Department of Homeland 18
Security’’; and 19
(5) in paragraph (3)— 20
(A) in clause (i), by striking ‘‘, and’’ at the 21
end and inserting a semicolon; 22
(B) in clause (ii), by striking the period at 23
the end and inserting ‘‘; and’’; and 24
(C) by adding at the end the following: 25
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‘‘(iv) for expenses associated with admin-1
istering section 287(g).’’. 2
SEC. 4. REQUIREMENTS ON SECRETARY. 3
(a) A
NNUALPERFORMANCE REPORT.—Not later 4
than December 31 of the first fiscal year that begins after 5
the date of the enactment of this Act, and not later than 6
December 31 of each year thereafter, the Secretary of 7
Homeland Security shall publish an annual performance 8
report on the program under section 287(g) of the Immi-9
gration and Nationality Act (8 U.S.C. 1357(g)) that in-10
cludes at least the following information: 11
(1) The number of aliens apprehended and 12
screened by law enforcement through the program. 13
(2) The number of aliens removed from the 14
United States as a result of the program. 15
(3) The number of aliens described in para-16
graph (1) who were not removed and an explanation 17
for why they were not removed. 18
(4) The methods being used to conduct over-19
sight of each law enforcement agency participating 20
under the program. 21
(5) The number of law enforcement agencies in 22
compliance with the program’s training require-23
ments. 24
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(6) The number of complaints filed against law 1
enforcement agencies claiming they did not comply 2
their written agreement entered into under such sec-3
tion. 4
(7) The number of law enforcement agencies 5
that had such written agreement terminated. 6
(8) The reasons for such termination. 7
(b) A
NNUALRECRUITMENTPLAN.—Not later than 8
December 31 of the first fiscal year that begins after the 9
date of the enactment of this Act, and not later than De-10
cember 31 of each year thereafter, the Secretary of Home-11
land Security shall publish an annual recruitment plan 12
with respect to the program under section 287(g) of the 13
Immigration and Nationality Act (8 U.S.C. 1357(g)) that 14
includes at least the following information: 15
(1) Annual goals for the next five years for re-16
cruitment of new States and political subdivisions of 17
States to participate in the program. 18
(2) The number of new States and political sub-19
divisions of States participating in the program each 20
year. 21
(3) A description of the outreach to States and 22
political subdivisions of States conducted for the 23
program and the other methods used to achieve re-24
cruitment goals. 25
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(4) The number of requests for agreements re-1
ceived, approved, denied, and pending approval. 2
(c) R
ULEMAKING.—Not later than 180 days after the 3
date of the enactment of this Act, the Secretary of Home-4
land Security shall publish a notice of rulemaking with 5
respect to the training requirements under section 6
287(g)(6) of the Immigration and Nationality Act (8 7
U.S.C. 1357(g)(6)), as added by section 2(5). 8
Æ
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