S.Amdt. 5642

SA 5642. Mr. WARNOCK submitted an amendment intended to be proposed
to amendment SA 5453 proposed by Mr. Graham to the bill S. 2, to
provide for reconciliation pursuant to title II of S. Con. Res. 33.;
which was ordered to lie on the table; as follows:

Strike section 202 and insert the following:

SEC. 202. U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT.

(a) In General.--In addition to amounts otherwise
available, there is appropriated to the Director of U.S.
Immigration and Customs Enforcement for fiscal year 2026, out
of any money in the Treasury not otherwise appropriated,
$31,074,000,000, to remain available until September 30,
2029, for the following purposes:
(1) Hiring, paying, and training.--Hiring, paying,
training, and equipping U.S. Immigration and Customs
Enforcement personnel and the personnel for all its
directorates, including officers, agents, investigators,
attorneys and support staff, to carry out immigration
enforcement activities.
(2) Transportation.--Funding for transportation costs and
related costs associated with alien departure or removal
operations.
(3) Information technology.--Funding for information
technology maintenance and sustainment to support enforcement
and removal operations, including improvements to fee
collections and body-worn cameras.
(4) Facility maintenance and sustainment.--Funding for
facility maintenance and sustainment to support enforcement
and removal operations.
(5) Fleet maintenance and sustainment.--Funding for fleet
maintenance and sustainment to support enforcement and
removal operations.
(6) 287(g) agreements.--Supporting coordination with state
and local authorities by expanding, facilitating, and
implementing agreements under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)).
(7) Office of the principal legal advisor.--Hiring and
paying attorneys and the necessary support staff within the
Office of the Principal Legal Advisor to represent the
Department in immigration enforcement and removal
proceedings.
(8) Operation and maintenance.--Necessary expenses for U.S.
Immigration and Customs Enforcement's mission support,
including awards, and operations and maintenance for its
immigration enforcement functions.
(9) Operations by u.s. immigration and customs enforcement
to arrest released covered unlawful aliens.--
(A) In general.--Not less than $350,000,000 for U.S.
Immigration and Customs Enforcement for necessary expenses,
in accordance with existing law, of detainer management,
detainer issuance, custodial transfer, release monitoring,
transportation, and arrests of covered unlawful aliens
encountered in jurisdictions that are not qualified
cooperating jurisdictions, except that no Indian tribal
government shall be treated as a jurisdiction that is not a
qualified cooperating jurisdiction for purposes of this
subparagraph.
(B) Qualified cooperating jurisdiction defined.--In this
paragraph, the term ``qualified cooperating jurisdiction''
means a State or political subdivision of a State that, as of
the date of the enactment of this Act--
(i) is party to a written agreement in effect under section
287(g) of the Immigration and Nationality Act (8 U.S.C.
1357(g)); or
(ii) has in effect, and has filed with the Secretary in
such form and manner as the Secretary may prescribe, a
certification that such State or political subdivision is in
compliance with section 642 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) and
section 434 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644).
(C) Limitation on use of funds.--None of the funds
appropriated pursuant to this paragraph may be used, except
as required by existing law, to release, parole, place on
alternatives to detention, transport for purposes of release,
or otherwise facilitate the release into the community of any
covered unlawful alien encountered.
(D) Covered unlawful alien defined.--In this paragraph, the
term ``covered unlawful alien'' means an adult alien who--
(i) is described in section 236(c)(1) of the Immigration
and Nationality Act (8 U.S.C. 1226(c)(1));
(ii) is inadmissible under section 212(a)(2) of such Act (8
U.S.C. 1182(a)(2));
(iii) is deportable under section 237(a)(2) of such Act (8
U.S.C. 1227(a)(2));
(iv) following an arrest, charge, booking, or conviction
for a criminal offense under Federal, State, or local law,
other than a minor traffic offense, is the subject of an
immigration detainer, notice request, or custody-transfer
request issued by the Department of Homeland Security
pursuant to section 236, 241(a), or 287 of such Act (8 U.S.C.
1226, 1231(a), or 1357); or

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(v) has been charged with or convicted of an offense
described in section 275 or 276 of such Act (8 U.S.C. 1325 or
1326).
(b) Detainee Services.--In addition to amounts otherwise
available, there is appropriated to the Director of U.S.
Immigration and Customs Enforcement for fiscal year 2026, out
of any money in the Treasury not otherwise appropriated,
$50,000,000 for detainee services to increase standards of
care and ensure access to medical care, disability
accommodations, adequate nutrition, legal services, and
translation services in detention facilities, to remain
available until September 30, 2029.
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