S.Amdt. 40

SA 40. Mr. HICKENLOOPER submitted an amendment intended to be
proposed by him to the bill S. 5, to require the Secretary of Homeland
Security to take into custody aliens who have been charged in the
United States with theft, and for other purposes; which was ordered to
lie on the table; as follows:

In section 3, add at the end the following:
(g) Protection of Constitutional Rights.--The attorney
general of a State, or other authorized State officer,
alleging a violation of one or more constitutionally
protected rights, including due process rights, of any
individual in such State by the Department of Homeland
Security or any agency within the Department of Homeland
Security, shall have standing to bring an action against the
Secretary of Homeland Security on behalf of such State or the
residents of such State in an appropriate district court of
the United States to obtain appropriate injunctive relief.
The court shall advance on the docket and expedite the
disposition of a civil action filed under this subsection to
the greatest extent possible.
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