S.Amdt. 1415
What it does: Replaces the bill's text with a full substituteWhat it changes
1 change to S. 937 · shown in the bill's text
Replaces the bill's text with a full substitute
Replaces the full textEverything after the enacting clauseIn S. 937 · Placed on Calendar Senate
Struck: SECTION 1. SHORT TITLE.
Struck: This Act may be cited as the "COVID-19 Hate Crimes Act".
Struck: SEC. 2. REVIEW OF COVID-19 HATE CRIMES.
Struck: (a) In General.--Not later than 1 day after the date of enactment of this Act, the Attorney General shall designate an officer or employee of the Department of Justice whose sole responsibility during the applicable period shall be to facilitate the expedited review of COVID-19 hate crimes and reports of any such crime to Federal, State, or local law enforcement agencies.
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Struck: (b) Definitions.--In this section:
Struck: (1) Applicable period.--The term "applicable period" means the period beginning on the date on which the officer or employee is designated under subsection (a), and ending on the date that is 1 year after the date on which the emergency period described in subparagraph (B) of section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)) ends, except that the Attorney General may extend such period as appropriate.
Struck: (2) COVID-19 hate crime.--The term "COVID-19 hate crime" means a crime of violence (as such term is defined in section 16 of 18, United States Code) that is motivated by--
Struck: (A) the actual or perceived race, ethnicity, age, color, religion, national origin, sexual orientation, gender, gender identity, or disability of any person; and
Struck: (B) the actual or perceived relationship to the spread of COVID-19 of any person because of the characteristic described in subparagraph (A).
Struck: SEC. 3. GUIDANCE.
Struck: (a) Guidance for Law Enforcement Agencies.--The Attorney General shall issue guidance for State and local law enforcement agencies on how to--
Struck: (1) establish online reporting of hate crimes or incidents, and to have online reporting available in multiple languages as determined by the Attorney General; and
Struck: (2) expand culturally competent and linguistically appropriate public education campaigns, and collection of data and public reporting of hate crimes.
Struck: (b) Guidance Relating to COVID-19 Pandemic.--The Attorney General and the Secretary of Health and Human Services, in coordination with the COVID-19 Health Equity Task Force and community-based organizations, shall issue guidance describing best practices to mitigate racially discriminatory language in describing the COVID-19 pandemic.
Inserted: SECTION 1. RESTRICTION ON THE RELEASE OF INDIVIDUALS WHO UNLAWFULLY ENTER THE UNITED STATES.
Inserted: (a) Findings.--Congress finds the following:
Inserted: (1) There was a 71 percent increase in the number of illegal immigrant encounters by U.S Customs and Border Protection agents between February and March 2021.
Inserted: (2) In March 2021, more than 172,000 illegal immigrants were intercepted by U.S. Customs and Border Protection agents, including 53,000 illegal immigrants who entered the United States as part of a family group.
Inserted: (3) Although Federal law requires the Department of Homeland Security to detain, pending the completion of removal proceedings, any alien who is not "clearly and beyond a doubt entitled to be admitted", as of April 2021, the Department of Homeland Security is releasing many such individuals into communities in Texas and other border States, which has caused a significant strain on such communities and on State and local governments that lack the resources and infrastructure to care for so many individuals.
Inserted: (b) Restriction.--The Department of Homeland Security may not release any individual who unlawfully entered the United States into any State, county, or city in the United States unless the governor of such State and the governing body of such county and city expressly consent to such release.
Inserted: (c) Cause of Action.--A violation of subsection (b) shall give rise to a cause of action against the Federal Government by a State, county, or city into which jurisdiction such individual was released.
Original wording
Strike all after the enacting clause and insert the following:
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As printed
SA 1415. Mr. CRUZ submitted an amendment intended to be proposed by him to the bill S. 937, to facilitate the expedited review of COVID-19 hate crimes, and for other purposes; which was ordered to lie on the table; as follows:
Strike all after the enacting clause and insert the following:
SECTION 1. RESTRICTION ON THE RELEASE OF INDIVIDUALS WHO UNLAWFULLY ENTER THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) There was a 71 percent increase in the number of illegal immigrant encounters by U.S Customs and Border Protection agents between February and March 2021.
(2) In March 2021, more than 172,000 illegal immigrants were intercepted by U.S. Customs and Border Protection agents, including 53,000 illegal immigrants who entered the United States as part of a family group.
(3) Although Federal law requires the Department of Homeland Security to detain, pending the completion of removal proceedings, any alien who is not “clearly and beyond a doubt entitled to be admitted”, as of April 2021, the Department of Homeland Security is releasing many such individuals into communities in Texas and other border States, which has caused a significant strain on such communities and on State and local governments that lack the resources and infrastructure to care for so many individuals.
(b) Restriction.--The Department of Homeland Security may not release any individual who unlawfully entered the United States into any State, county, or city in the United States unless the governor of such State and the governing body of such county and city expressly consent to such release.
(c) Cause of Action.--A violation of subsection (b) shall give rise to a cause of action against the Federal Government by a State, county, or city into which jurisdiction such individual was released.
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Senate amendment submitted
April 14, 2021