Bill Summary
The "State Partnerships to Enhance Removal of Criminal Aliens Act" seeks to amend the Immigration and Nationality Act to allow state officers and employees, specifically licensed attorneys, to perform certain legal functions for the Department of Homeland Security (DHS) in immigration removal proceedings. This legislation enables states to enter into agreements with DHS, allowing state attorneys to represent DHS in specific cases involving the removal of individuals deemed criminal aliens.
Key provisions include:
1. **State Representation**: Licensed state attorneys can represent DHS in removal proceedings, provided they are qualified and trained in federal immigration law.
2. **State Expenses**: The costs for these services will be borne by the state rather than the federal government.
3. **Limitations on Authority**: State attorneys must operate under DHS supervision, without independent prosecutorial discretion, and cannot displace federal employees.
4. **Expanded Definition of Aggravated Felonies**: The bill broadens the definition of aggravated felonies to include a wider range of crimes, increasing the grounds for deportation.
5. **Inadmissibility for Aggravated Felonies**: It establishes that individuals convicted of aggravated felonies are inadmissible to the United States.
The legislation aims to enhance state involvement in immigration enforcement while increasing the efficiency and effectiveness of removal proceedings for criminal aliens. It also includes a severability clause to ensure that if any part of the act is found unconstitutional, the remainder remains in effect.
Possible Impacts
The "State Partnerships to Enhance Removal of Criminal Aliens Act" could affect people in the following ways:
1. **Increased State Involvement in Immigration Enforcement**: The legislation allows state officers and employees, specifically licensed attorneys, to perform certain functions typically reserved for federal Department of Homeland Security (DHS) personnel in immigration removal proceedings. This could lead to increased state-level enforcement of immigration laws, which may result in more individuals being processed for removal. As a consequence, immigrant communities might experience heightened fear and anxiety about interactions with state authorities, potentially leading to a chilling effect on reporting crimes or accessing essential services.
2. **Changes in Legal Representation and Due Process**: Since state employees may represent DHS in immigration proceedings, this could impact the quality of legal representation available to individuals facing removal. If state officers lack the specialized training or experience that federal attorneys possess, it could lead to inadequate defense for individuals in removal proceedings, compromising their ability to navigate complex immigration laws and potentially resulting in unjust outcomes.
3. **Expansion of Aggravated Felony Definitions**: The legislation amends the definition of aggravated felonies, broadening the scope of crimes that could trigger severe immigration consequences for non-citizens. For individuals who commit offenses classified as aggravated felonies, the penalties could include mandatory detention and expedited removal without the possibility of relief. This expansion could disproportionately affect individuals with minor criminal records or those who may not have previously been subject to such harsh immigration penalties, leading to increased deportations and family separations within communities.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7664 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7664
To amend the Immigration and Nationality Act to provide for the
performance of certain Department of Homeland Security counsel
functions by State officers and employees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2026
Mr. Schmidt introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for the
performance of certain Department of Homeland Security counsel
functions by State officers and employees, 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 ``State Partnerships to Enhance
Removal of Criminal Aliens Act''.
SEC. 2. PERFORMANCE OF CERTAIN DEPARTMENT OF HOMELAND SECURITY COUNSEL
FUNCTIONS BY STATE OFFICERS AND EMPLOYEES.
Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357)
is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting the following after subsection (g):
``(h) Performance of Certain Department of Homeland Security
Counsel Functions by State Officers and Employees.--
``(1) Notwithstanding section 1342 of title 31, United
States Code, the Secretary of Homeland Security, in
coordination with the Attorney General, may enter into a
written agreement with a State pursuant to which an officer or
employee of the State, who is a licensed attorney and who is
determined by the Secretary of Homeland Security to be
qualified to perform the function of an Office of the Principal
Legal Advisor attorney in representing the Department of
Homeland Security in removal proceedings described in paragraph
(9), may carry out such function at the expense of the State.
``(2) An agreement under this subsection shall--
``(A) require that an officer or employee of a
State performing a function under the agreement have
knowledge of, and adhere to, Federal law relating to
the function;
``(B) contain a written certification that the
officers or employees of a State performing the
function under the agreement have received adequate
training regarding the enforcement of relevant Federal
immigration laws; and
``(C) state that an officer or employee of a State
performing a function under the agreement has no
independent prosecutorial or policymaking discretion.
``(3) In performing a function under this subsection, an
officer or employee of a State shall be subject to the
direction and supervision of the Secretary of Homeland
Security.
``(4) In performing a function under this subsection, an
officer or employee of a State may use Federal property or
facilities, as provided in a written agreement between the
Secretary and the State.
``(5) With respect to each officer or employee of a State
who is authorized to perform a function under this subsection,
the specific powers and duties that may be, or are required to
be, exercised or performed by the individual, the duration of
the authority of the individual, and the position of the agency
of the Secretary of Homeland Security who is required to
supervise and direct the individual, shall be set forth in a
written agreement between the Secretary of Homeland Security
and the State.
``(6) The Secretary of Homeland Security may not accept a
service under this subsection if the service will be used to
displace any Federal employee.
``(7) Except as provided in paragraph (8), an officer or
employee of a State performing functions under this subsection
shall not be treated as a Federal employee for any purpose
other than for purposes of chapter 81 of title 5 (relating to
compensation for injury) and sections 2671 through 2680 of
title 28, United States Code (relating to tort claims).
``(8) An officer or employee of a State acting under color
of authority under this subsection, or any agreement entered
into under this subsection, shall be considered to be acting
under color of Federal authority for purposes of determining
the liability, and immunity from suit, of the officer or
employee in a civil action brought under Federal, State, local,
or tribal law.
``(9) The removal proceedings described in paragraph (1)
are proceedings under--
``(A) section 238 if the alien is located in a
Federal, State, or local correctional facility in the
State with which the Secretary of Homeland Security has
entered into a written agreement described in this
section; or
``(B) section 240 if--
``(i) the alien is charged with a ground of
inadmissibility under section 212(a) or a
ground of deportability under section 237(a)
that is based on a violation of State law, to
the extent the Secretary of Homeland Security
has entered into a written agreement described
in this section with that State; or
``(ii) the alien's eligibility for
immigration relief may be affected by such a
violation of State law, to the extent the
Secretary of Homeland Security has entered into
a written agreement described in this section
with that State.''.
SEC. 3. AGGRAVATED FELONY.
(a) Definition.--Paragraph (43) of section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(1) in subparagraph (A), by striking ``minor'' and
inserting ``minor, or an offense involving any of the preceding
offenses'';
(2) by amending subparagraph (B) to read as follows:
``(B) an offense involving--
``(i) illicit trafficking in a controlled
substance (as defined in section 102 of the
Controlled Substances Act), including a drug
trafficking crime (as defined in section 924(c)
of title 18, United States Code); or
``(ii) any other crime classified as a
felony in the jurisdiction of conviction, or
punishable by a maximum term of imprisonment of
more than 1 year in the jurisdiction of
conviction, involving--
``(I) in the case of an offense
under State, local, or tribal law, a
substance that is classified as a
controlled substance under such law, as
applicable, regardless of whether the
substance is a controlled substance (as
defined in section 102 of such Act); or
``(II) in the case of an offense
under Federal law or foreign law, a
controlled substance (as defined in
section 102 of such Act);'';
(3) in subparagraph (C), by inserting ``an offense
involving'' before ``illicit trafficking in firearms'';
(4) in subparagraph (E)--
(A) in clause (ii), by striking ``or'' at the end;
(B) by redesignating clause (iii) as clause (iv);
and
(C) by inserting after clause (ii) the following:
``(iii) sections 932 and 933 of title 18
(relating to straw purchasing of firearms and
trafficking in firearms); or'';
(5) in subparagraph (I), by striking ``or 2252'' and
inserting ``2252, or 2252A'';
(6) by amending subparagraph (F) to read as follows:
``(F) an offense that is--
``(i) a crime of violence (as defined in
section 16 of title 18, United States Code, but
not including a purely political offense) for
which the term of imprisonment is at least one
year;
``(ii) any crime, for which the term of
imprisonment is at least one year, where
evidence establishes the circumstances of the
crime as actually committed by the alien
involved the use, attempted use, or threatened
use of physical force against the person or
property of another;
``(iii) assault, battery, or robbery, as
defined under the jurisdiction of conviction,
for which the term of imprisonment is at least
one year; or
``(iv) described in section 2119 of title
18, United States Code (relating to
carjacking);'';
(7) by amending subparagraph (G) to read as follows:
``(G)(i) an offense involving burglary (regardless
of whether a structure was involved) or theft
(including theft by deceit, theft by fraud,
embezzlement, or receipt, possession, or use of stolen
property), regardless of whether any taking was
temporary or permanent, for which the term of
imprisonment is at least one year; or
``(ii) any crime, for which the term of
imprisonment is at least one year, where evidence
establishes the circumstances of the crime as actually
committed by the alien was an offense involving
burglary (regardless of whether a structure was
involved) or theft (including theft by deceit, theft by
fraud, embezzlement, or receipt, possession, or use of
stolen property), regardless of whether any taking was
temporary or permanent;'';
(8) in subparagraph (N)--
(A) by striking ``paragraph (1)(A) or (2) of''; and
(B) by inserting a semicolon at the end;
(9) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275 or
276 for which the term of imprisonment is at least 1 year'';
(10) in subparagraph (P)--
(A) by striking ``(i) which either is falsely
making, forging, counterfeiting, mutilating, or
altering a passport or instrument in violation of
section 1543 of title 18, United States Code, or is
described in section 1546(a) of such title (relating to
document fraud) and (ii)'' and inserting ``described in
any section of chapter 75 of title 18, United States
Code, and''; and
(B) by striking ``, except in the case of a first
offense for which the alien has affirmatively shown
that the alien committed the offense for the purpose of
assisting, abetting, or aiding only the alien's spouse,
child, or parent (and no other individual) to violate a
provision of this Act'';
(11) in subparagraph (T), by striking ``and'' at the end;
(12) by striking subparagraph (U); and
(13) by adding at the end the following:
``(U) an offense described in--
``(i) section 2441 of title 18, United
States Code (relating to war crimes);
``(ii) section 2340A of title 18, United
States Code (relating to torture);
``(iii) section 1091 of title 18, United
States Code (relating to genocide); or
``(iv) section 2442 of title 18, United
States Code (relating to use and recruitment of
child soldiers);
``(V) any offense not otherwise listed in this
paragraph that is--
``(i) defined as a felony by the
jurisdiction of conviction; or
``(ii) punishable by a maximum term of
imprisonment of more than 1 year; and
``(W) an offense, either classified in the
jurisdiction of conviction as or consisting of, a
conspiracy, attempt, or solicitation to commit an
offense described in this paragraph, or aiding,
abetting, counseling, procuring, commanding, or
inducing the commission of such an offense.''.
(b) Inadmissibility.--Section 212(a)(2)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by adding ``or'' at the end; and
(3) by inserting after subclause (II) the following:
``(III) an aggravated felony,''.
(c) Conforming Amendments.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended--
(1) in section 208(b)(2)(B)(i), by adding after the period
the following ``An alien may be determined to have been
convicted of a particularly serious crime even if the alien's
conviction does not constitute an aggravated felony.'';
(2) in section 238(a)(1), by striking ``for aliens
convicted of any criminal offense covered in'' and all that
follows through ``otherwise covered by section
241(a)(2)(A)(i)'' and inserting ``for aliens convicted of any
criminal offense covered in section 237(a)(2)'';
(3) in section 241(b)(3)(B), in the matter following clause
(iv), by striking ``For purposes of clause (ii), an alien who
has been convicted of an aggravated felony (or felonies) for
which the alien has been sentenced to an aggregate term of
imprisonment of at least 5 years shall be considered to have
committed a particularly serious crime. The previous sentence
shall not preclude the Attorney General from determining that,
notwithstanding the length of sentence imposed, an alien has
been convicted of a particularly serious crime.'' and inserting
``For purposes of clause (ii), an alien who has been convicted
of an aggravated felony shall be considered to have been
convicted of a particularly serious crime. The Attorney General
and Secretary of Homeland Security may jointly designate, by
regulation, offenses that will be considered to be a crime
described in clause (ii) or (iii). An alien may be determined
to have been convicted of a particularly serious crime without
regard to whether the offense for which the alien was convicted
is an aggravated felony or an offense designated under the
previous sentence.''; and
(4) in section 242(a)(2)(C), by striking
``237(a)(2)(A)(iii)'' and all that follows through the period
at the end and inserting ``section 237(a)(2)''.
(d) Applicability.--This section, and the amendments made by this
section, shall apply with respect to the commission of an offense
before, on, or after the date of enactment of this section, and with
respect to removal proceedings commenced before, on, or after the date
of enactment of this section.
SEC. 4. SEVERABILITY.
If any provision of this Act, or any amendment made by this Act, or
the application of such provision to any person, entity, government, or
circumstance, is held to be unconstitutional, the remainder of this
Act, or any amendment made thereby, or the application of such
provision to all other persons, entities, governments, or
circumstances, shall not be affected thereby.
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