Section 1 Short title
This Act may be cited as the “Empowering States to Deport Illegal Immigrants Act”.
Empowering States to Deport Illegal Immigrants Act
A BILL
To allow States to authorize State and local law enforcement officers to enforce the provisions of Federal immigration law relating to unlawful entry into the United States.
Sec. 2 Authorization of State and local law enforcement officers to enforce certain Federal immigration laws
In general— States may authorize State and local law enforcement officers to enforce provisions of Federal immigration law that prohibit the unlawful entry into the United States, including sections 271 through 280 of the Immigration and Nationality Act (8 U.S.C. 1321 through 1330).
Effect of authorization on Supreme Court ruling— Subsection (a) effectively abrogates the 2012 decision of the Supreme Court in Arizona v. United States (567 U.S. 387).
Prosecution authority— Notwithstanding any other provision of law, State prosecutors are authorized to initiate prosecutions for violations of Federal immigration law referred to in subsection (a) in a United States District Court that has jurisdiction over—
the place at which any such violation occurred; or
the place at which the person charged for any such violation is apprehended.
Conforming amendment— Section 279 of the Immigration and Nationality Act (8 U.S.C. 1329) is amended—
by inserting “, or by a State prosecutor pursuant to section 2(c) of the Empowering States to Deport Illegal Immigrants Act,” before “that arise”; and
by inserting “It shall be the duty of the State prosecutor of the appropriate State to prosecute every such suit when brought by a State.” after “United States.”