[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8430 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8430
To make certain adjustments pertaining to the Alternatives to Detention
program, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2024
Mr. Donalds (for himself, Mr. Biggs, Mr. Pfluger, Mr. Clyde, Mr.
Obernolte, Mr. Hunt, Mr. Higgins of Louisiana, Mr. Moore of Alabama,
Mr. Nehls, Mr. Gosar, Mr. Timmons, Mrs. Miller of Illinois, Ms.
Boebert, and Ms. Mace) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To make certain adjustments pertaining to the Alternatives to Detention
program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reshape Alternatives to Detention
Act of 2024''.
SEC. 2. TERMINATION OF CERTAIN ALTERNATIVES TO DETENTION.
(a) In General.--Beginning on the date of enactment of this Act,
the Secretary of Homeland Security shall terminate each of the
following programs carried out as part of the Alternatives to Detention
program of the Secretary:
(1) The Case Management Pilot program.
(2) The Young Adult Case Management program.
(b) No Similar Programs.--In the case of any program referred to in
subsection (a), no substantially similar program may be established or
carried out, and no funds may be made available for such a program.
SEC. 3. REPROGRAMMING OF FUNDS.
Any amounts made available in advance in appropriations Acts for
either program referred to in section 2 shall be made available to the
Secretary of Homeland Security to increase the amount of detention beds
at immigration detention facilities.
SEC. 4. PLACEMENT IN DETENTION.
The Secretary of Homeland Security shall take such steps as may be
necessary to promptly detain each individual who has been released into
the United States as part of a program referred to in section 2(a).
SEC. 5. LIMITATION ON PARTICIPATION IN ALTERNATIVES TO DETENTION.
No alien may be released as part of any Alternatives to Detention
program unless all detention beds available to the Secretary have been
filled.
SEC. 6. CLARIFICATION OF IMMIGRATION AND CUSTOMS ENFORCEMENT AUTHORITY
OVER CERTAIN ALIENS.
Nothing in this or any other Act may be construed to impose any
limitation on the authority of U.S. Immigration and Customs Enforcement
over any alien who is a participant in any program under the
Alternatives to Detention program, including with regard to any action
of the Office for Civil Rights and Civil Liberties of the Department of
Homeland Security.
SEC. 7. GPS TRACKING OF CERTAIN ALIENS.
Every alien on the non-detained docket shall be enrolled into the
Alternatives to Detention program with mandatory GPS monitoring
throughout the duration of all applicable immigration proceedings
(including any appeals) and until removal, if order removed.
SEC. 8. MANDATORY INCLUSION IN THE FAMILY EXPEDITED REMOVAL MANAGEMENT
PROGRAM OF CERTAIN ALIENS.
In the case of any alien who, as part of a family unit, entered or
attempted to enter the United States at any time or place other than as
designated by immigration officers, eluded examination or inspection by
immigration officers, or attempted to enter or obtained entry to the
United States by a false or misleading representation or the
concealment of a material fact, that alien and each other alien who is
part of that family unit shall participate in the Family Expedited
Removal Management program.
SEC. 9. NOTICE OF VIOLATION.
On each occasion that an alien participating in the Alternatives to
Detention program violates a condition of such participation and
thereby becomes eligible for detention, the Secretary of Homeland
Security shall immediately publish notice thereof, and shall
immediately transmit such notice to all relevant law enforcement
agencies in the vicinity of the alien's last known whereabouts.
SEC. 10. MOVEMENT TO SANCTUARY JURISDICTION.
In the case of any alien who participates in or is eligible to
participate in the Alternatives to Detention program, if that alien
resides or seeks to reside in any State or political subdivision of a
State that has in effect a statute, ordinance, policy, or practice that
prohibits or restricts any government entity or official from--
(1) sending, receiving, maintaining, or exchanging with any
Federal, State, or local government entity information
regarding the citizenship or immigration status (lawful or
unlawful) of any individual, or
(2) complying with a request lawfully made by the
Department of Homeland Security under section 236 or 287 of the
Immigration and Nationality Act (8 U.S.C. 1226 and 1357) to
comply with a detainer for, or notify about the release of, an
individual,
that alien shall be ineligible to participate in the Alternatives to
Detention program. If any alien participating in the Alternatives to
Detention program changes residence to such a State or political
subdivision without prior notification to the Secretary of Homeland
Security, the Secretary shall immediately detain the alien.
SEC. 11. CHECK-IN REQUIRED FOR PARTICIPANTS IN THE ISAP.
(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Secretary of Homeland Security shall issue a notice in
a manner determined appropriate by the Secretary to each covered alien
to require that each such alien check in with the Secretary not later
than 14 days after the issuance of such notice.
(b) Penalty.--
(1) In general.--Notwithstanding any other provision of
law, if a covered alien fails to check in with the Secretary of
Homeland Security as required under subsection (a), the
Secretary shall revoke the bond or parole under section 236(a)
of the Immigration and Nationality Act (8 U.S.C. 1226(a)),
pursuant to which the alien was participating in the Intensive
Supervision Appearance Program, rearrest the alien under the
original warrant, and detain the alien.
(2) Removal proceedings.--
(A) In general.--The immigration court shall
advance on the docket and expedite to the greatest
possible extent the disposition of the removal
proceedings of an alien who is rearrested and detained
under paragraph (1). If the immigration court finds
that the alien should be removed, it shall enter an
administrative order of removal.
(B) Appeal.--Not later than 7 days after the entry
of an administrative order of removal under
subparagraph (A), an alien may appeal such order to the
board of immigration appeals. Not later than 7 days
after such an appeal is filed, the board of immigration
appeals shall hear the appeal. Not later than 7 days
after hearing such an appeal, the board shall issue a
decision. If the board issues a final administrative
order of removal, the alien shall be removed from the
United States not later than 7 days after such
issuance.
(c) Report.--Not later than 120 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to Congress a
report on the numbers and percentages of covered aliens who have
checked in with the Secretary as required under subsection (a).
SEC. 12. REQUIREMENT TO SUBMIT BIOMETRIC INFORMATION.
(a) In General.--The Secretary of Homeland Security shall require
an alien arriving in the United States to submit biometric information
to the Secretary in order to be eligible to participate in the
Alternative to Detention program.
(b) Interoperability and Information Matching.--The Secretary of
Homeland Security shall ensure, to the extent practicable, that any
biometric information collected pursuant to subsection (a) is stored in
a manner that is interoperable with, and allows matching against, other
Federal, State, and local law enforcement databases that store
biometric information of known or suspected terrorists or identify visa
holders who violate the terms of their visas.
SEC. 13. DEFINITIONS.
In this Act:
(1) Except as otherwise provided, the terms used in this
Act have the meanings given such terms in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(2) The term ``covered alien'' means an alien who is
present in the United States and enrolled in the Intensive
Supervision Appearance Program on the date of enactment of this
Act.
(3) The terms ``Intensive Supervision Appearance Program''
and ``ISAP'' include GPS monitoring (both ankle worn GPS and
wrist worn GPS), telephonic reporting, and home visits.
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