Section 1 Short title
This Act may be cited as the “Immigration Transparency and Transit Notification Act of 2022”.
Immigration Transparency and Transit Notification Act of 2022
A BILL
To require the Secretary of Homeland Security and the Secretary of Health and Human Services to notify the relevant Federal, State, and local officials of a jurisdiction before placing a covered alien in such jurisdiction, and for other purposes.
Sec. 2 State involvement in the placement of covered aliens
Notification required—
In general— The Secretary of Homeland Security or the Secretary of Health and Human Services, as applicable, shall notify the relevant Federal, State, and local officials of a jurisdiction at least 7 calendar days before—
transporting a covered alien to such jurisdiction by airplane, motor vehicle, or other means for disembarkment (even if such transporting or related processing is carried out on behalf of the Federal Government by a private entity); or
placing a covered alien in such jurisdiction.
Contents— In the case of a notification under paragraph (1) to the Governor of a State, the Secretary of Homeland Security or the Secretary of Health and Human Services, as applicable, shall supplement the notification, for each covered alien, to include the following:
Name.
Date of birth.
Verification of the covered alien’s country of nationality, consisting of—
a copy of a government-issued identity document of the covered alien from that country; or
if the covered alien does not have such a document, other such verification.
Any biometrics collected from the covered alien.
Proof of completion of any required background check, the results of any background check, and any criminal history information, if applicable.
Final destination.
Sponsor information, if applicable, including the sponsor’s name, date of birth, immigration status, and address.
Opportunity for Governor To object—
Objection— Not later than 3 calendar days after receiving a notification under subsection (a), the Governor of a State in which a covered alien is proposed to be placed or transported for disembarkment may submit to the Secretary of Homeland Security or the Secretary of Health and Human Services, as applicable, a written objection to the proposed placement or disembarkment in that State.
Alternate placement required— In the case that the Governor of a State objects to the placement or disembarkment of a covered alien in that State under paragraph (1), the Secretary of Homeland Security and the Secretary of Health and Human Services may not place or transport for disembarkment the covered alien in that State.
Exception— Paragraph (2) does not apply in the case of placement of an unaccompanied alien child with, or transport of an unaccompanied alien child to, a family member in accordance with section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232).
Definitions— In this section:
The term unaccompanied alien child has the meaning given to such term in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).
The term covered alien means—
an unaccompanied alien child; or
an alien without lawful immigration status.
The term disembarkment excludes disembarking at an airport for transfer to another airplane at that airport unless the final destination is in the same State as the transfer airport.
The term family member means an individual described in any of subparagraphs (1) through (4) of section 410.301 of title 45, Code of Federal Regulations (as in effect on the date of enactment of this Act).
The terms place and placement include placing a covered alien on a temporary basis in juvenile or other housing.
The term relevant Federal, State, and local officials means, with respect to a jurisdiction referred to in subsection (a), the following officials:
The Governor of the State.
The Attorney General of the State.
The head of any county or municipal government that includes such jurisdiction.
The head or heads of local law enforcement in such jurisdiction.
Federal and State legislators elected to represent a State or district including such jurisdiction.
Sec. 3 Quarterly reports to Congress
Not less than quarterly each year, the Secretary of Homeland Security and the Secretary of Health and Human Services shall each submit to the Chair and ranking member of each of the Committee on Homeland Security and the Committee on the Judiciary of the House of Representatives, and the Chair and ranking member of each of the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate, a report—
including—
the notifications made by the respective Secretary pursuant to subsection (a)(1); and
any objections received by the respective Secretary under subsection (b)(1); and
identifying—
each private entity that pays all or part of the costs of, or otherwise assists with, any Federal transport by the respective Secretary’s department of a covered alien (as defined in section 2) between jurisdictions; and
the amount and source of any Federal funding used to pay for such transport.