4.7 Immigration and Enforcement Partnership Act of 2022

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(Original Signature of Member)

H. R. ll
117TH CONGRESS
2D SESSION

To authorize States to request that the Secretary of Homeland Security


enforce the Immigration and Nationality Act, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

Mr. POSEY introduced the following bill; which was referred to the Committee
on llllllllllllll

A BILL
To authorize States to request that the Secretary of Home-
land Security enforce the Immigration and Nationality
Act, and for other purposes.

1 Be it enacted by the Senate and House of Representa-


2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration and En-


5 forcement Partnership Act of 2022’’.

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1 SEC. 2. AUTHORIZING STATES TO REQUEST THE ENFORCE-

2 MENT OF THE IMMIGRATION LAWS.

3 (a) REQUEST TO FULFILL DUTIES.—If a State attor-


4 ney general finds that the Secretary of Homeland Security
5 is not adequately fulfilling his non-discretionary duties
6 under title II of the Immigration and Nationality Act (8
7 U.S.C. 1151 et seq.), such as the arrest, detention, and
8 removal of criminal aliens and arriving aliens, such officer
9 may request in writing that the Secretary do so.
10 (b) REQUIREMENT TO FULFILL DUTIES.—Not later
11 than 30 days after receiving a request under subsection
12 (a), the Secretary shall either—
13 (1) ensure that any such duties are adequately
14 fulfilled by officers and employees of the Department
15 of Homeland Security; or
16 (2) exercise his authority under section 287(g)
17 of the Immigration and Nationality Act (8 U.S.C.
18 1357) to authorize officials in the State to perform
19 functions of an immigration officer related to the in-
20 vestigation, apprehension, or detention of aliens in
21 that State, and fulfill such duties on behalf of the
22 Secretary.
23 (c) CIVIL ACTION.—If the Secretary does not comply
24 with subsection (b), the State attorney general may file
25 a civil action in an appropriate district court of the United
26 States to enforce the requirements under such subsection.
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1 The court shall advance on the docket and expedite the
2 disposition of a civil action filed under this subsection to
3 the greatest extent practicable.

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