S.Amdt. 77

SA 77. Mr. SCHMITT 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:

Beginning on page 3, strike line 9 and all that follows
through page 8, line 10, and insert the following:

SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.

(a) Inspection of Applicants for Admission.--Section 235(b)
of the Immigration and

[[Page S195]]

Nationality Act (8 U.S.C. 1225(b)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following:
``(3) Enforcement by attorney general of a state.--The
attorney general of a State, or other authorized State
officer, alleging a violation of the detention and removal
requirements under paragraph (1) or (2) that will harm such
State or its residents 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
paragraph to the greatest extent practicable. For purposes of
this paragraph, the attorney general of a State, or other
authorized State officer, shall have standing if the State or
its residents are experiencing harm or will experience harm
that is fairly traceable to a violation of any such detention
or removal requirement or an intent to commit such violation,
including--
``(A) financial harm in excess of $1; or
``(B) an increased probability of future harm, including
future encounters or interactions with aliens who are
unlawfully present in the United States.''.
(b) Apprehension and Detention of Aliens.--Section 236 of
the Immigration and Nationality Act (8 U.S.C. 1226), as
amended by this Act, is further amended--
(1) in subsection (e)--
(A) by striking ``or release''; and
(B) by striking ``grant, revocation, or denial'' and insert
``revocation or denial''; and
(2) by adding at the end the following:
``(f) Enforcement by Attorney General of a State.--The
attorney general of a State, or other authorized State
officer, alleging an action or decision by the Attorney
General or Secretary of Homeland Security under this section
to release any alien or grant bond or parole to any alien
that will harm such State or its residents shall have
standing to bring an action against the Attorney General or
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 practicable. For purposes of this
subsection, the attorney general of a State, or other
authorized State officer, shall have standing if the State or
its residents are experiencing harm or will experience harm
that is fairly traceable to such action or decision to
release or grant bond or parole to an alien or an intent to
take such action or make such decision, including--
``(1) financial harm in excess of $1; or
``(2) an increased probability of future harm, including
future encounters or interactions with aliens who are
unlawfully present in the United States.''.
(c) Penalties.--Section 243 of the Immigration and
Nationality Act (8 U.S.C. 1253) is amended by adding at the
end the following:
``(e) Enforcement by Attorney General of a State.--The
attorney general of a State, or other authorized State
officer, alleging a violation of the requirement to
discontinue granting visas to citizens, subjects, nationals,
and residents as described in subsection (d) that will harm
such State or its residents shall have standing to bring an
action against the Secretary of State 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 practicable. For purposes of this
subsection, the attorney general of a State or other
authorized State officer shall have standing if the State or
its residents are experiencing harm or will experience harm
that is fairly traceable to a violation of the requirement to
discontinue granting visas to aliens described in subsection
(d) or an intent to commit such violation, including--
``(1) financial harm in excess of $1; or
``(2) an increased probability of future harm, including
future encounters or interactions with aliens who are
unlawfully present in the United States.''.
(d) Certain Classes of Aliens.--Section 212(d)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is
amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(C) The attorney general of a State, or other authorized
State officer, alleging a violation of the limitation under
subparagraph (A) that parole solely be granted on a case-by-
case basis and solely for urgent humanitarian reasons or a
significant public benefit, that will harm such State or its
residents 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 subparagraph
to the greatest extent practicable. For purposes of this
subparagraph, the attorney general of a State, or other
authorized State officer, shall have standing if the State or
its residents are experiencing harm or will experience harm
that is fairly traceable to a violation of the limitation
under subparagraph (A) or an intent to commit such violation,
including--
``(i) financial harm in excess of $1; or
``(ii) an increased probability of future harm, including
future encounters or interactions with aliens who are
unlawfully present in the United States.''.
(e) Detention.--Section 241(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(2)) is amended--
(1) by striking ``During the removal period,'' and
inserting the following:
``(A) In general.--During the removal period,''; and
(2) by adding at the end the following:
``(B) Enforcement by attorney general of a state.--The
attorney general of a State, or other authorized State
officer, alleging a violation of the detention requirement
under subparagraph (A) that will harm such State or its
residents 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 subparagraph
to the greatest extent practicable. For purposes of this
subparagraph, the attorney general of a State, or other
authorized State officer, shall have standing if the State or
its residents are experiencing harm or will experience harm
that is fairly traceable to a violation of the detention
requirement under subparagraph (A) or an intent to commit
such violation, including--
``(i) financial harm in excess of $1; or
``(ii) an increased probability of future harm, including
future encounters or interactions with aliens who are
unlawfully present in the United States.''.
(f) Limit on Injunctive Relief.--Section 242(f) of the
Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended
by adding at the end following:
``(3) Certain actions.--Paragraph (1) shall not apply to an
action brought pursuant to section 235(b)(3), subsections (e)
or (f) of section 236, or section 241(a)(2)(B).''.
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