H.R. 7664: State Partnerships to Enhance Removal of Criminal Aliens Act

This bill, titled the State Partnerships to Enhance Removal of Criminal Aliens Act, proposes changes to the Immigration and Nationality Act to allow certain functions of the Department of Homeland Security (DHS) to be performed by state officers and employees, specifically in relation to removal (deportation) proceedings for individuals categorized as 'criminal aliens.' Here are the key points from the bill:

Key Provisions

• Agreement Between DHS and States: The Secretary of Homeland Security can enter into written agreements with states allowing state officers, who are licensed attorneys and qualified, to perform specific legal functions currently reserved for federal attorneys in DHS removal proceedings.
• Limitations on Authority: State officers given authority under this agreement cannot exercise independent prosecutorial or policymaking discretion. They must act under the supervision of the Secretary of Homeland Security.
• Training and Compliance: State personnel performing these functions must be trained in federal immigration laws and adhere to all relevant federal statutes.
• Use of Federal Resources: Under the agreements, state officers may access federal property or facilities necessary for conducting their duties.
• No Displacement of Federal Employees: The bill stipulates that the services provided by state officers cannot displace any federal employees.
• Liability Protection: State officers acting under this provision will be treated as acting under federal authority for liability and immunity purposes in civil actions.
• Focus on Criminal Aliens: The bill defines removal proceedings applicable to individuals convicted of serious crimes, especially those involving controlled substances, firearms, or violent crimes, reinforcing that these individuals can be removed based on state law violations.
• Definition of Aggravated Felony: The bill expands the definition of aggravated felony under immigration law to include a wider range of serious offenses and makes several amendments to existing definitions to strengthen enforcement against criminal activity.
• Inadmissibility Rule Updates: It includes changes to rules regarding inadmissibility of aliens based on specific criminal record criteria, making it more stringent for certain categories of felony offenses.
• Applicability: The revisions apply to actions taken before, on, or after the enactment of the law, suggesting retroactive enforcement for cases involving relevant offenses.

Summary of Amendments

• Revisions to the definition of aggravated felonies to encompass a broader range of violent crimes and certain drug-related offenses.
• Modification of removal proceedings participation to include violations of state law in conjunction with federal immigration violations.
• Clarifications on the liability of state employees performing these functions under federal oversight.

Oversight and Coordination

The bill emphasizes the role of the Secretary of Homeland Security in coordinating with state officials, ensuring all functions performed under the agreement align with federal laws and regulations.

Enforcement and Compliance

State personnel must receive adequate training and certification in enforcing federal immigration laws to ensure compliance with the law during prevention and removal activities related to criminal aliens.

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