Section 1 Short title
This Act may be cited as the “Detain and Deport Illegal Aliens Who Assault Cops Act”.
Detain and Deport Illegal Aliens Who Assault Cops Act
AN ACT
To amend the Immigration and Nationality Act to provide for the detention of certain aliens who commit assault against law enforcement officers.
Sec. 2 Detention of certain aliens who commit assault against law enforcement officers
Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)) is amended—
in paragraph (1)—
in the matter preceding subparagraph (A), by striking “Attorney General” and inserting “Secretary of Homeland Security”;
in subparagraph (C), by striking “, or” and inserting a comma;
in subparagraph (D), by adding “or” at the end; and
by inserting after subparagraph (D) the following:
“(E)
“(i) is inadmissible under section 212(a)(6)(A) or (C) or under section 212(a)(7); and
“(ii) is charged with, is arrested for, is convicted of, admits having committed, or admits committing acts which constitute the essential elements of any offense involving assault of a law enforcement officer,”
by redesignating paragraph (2) as paragraph (4); and
by inserting after paragraph (1) the following:
“(2) Circumstances
“(A) In general—The circumstances referred to in paragraph (1)(E) are that the law enforcement officer was assaulted—
“(i) while he or she was engaged in the performance of his or her official duties;
“(ii) because of the performance of his or her official duties; or
“(iii) because of his or her status as a law enforcement officer.
“(B) Definitions—For purposes of paragraph (1)(E)—
“(i) the term “assault” has the meaning given that term in the jurisdiction where the acts occurred; and
“(ii) the term “law enforcement officer” is a person authorized by law—
“(I) to engage in or supervise the prevention, detention, investigation, or prosecution, or the incarceration of any person for any criminal violation of law;
“(II) to apprehend, arrest, or prosecute an individual for any criminal violation of law;
“(III) to be a firefighter or other first responder; or
“(IV) to be a campus police officer or a school resource officer.
“(3) Detainer—The Secretary of Homeland Security shall issue a detainer for an alien described in paragraph (1)(E) and, if the alien is not otherwise detained by Federal, State, or local officials, shall effectively and expeditiously take custody of the alien.
“(4) Annual report of the Secretary of Homeland Security—The Secretary of Homeland Security shall on an annual basis report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives the number of aliens described in paragraph (1)(E) who were detained in the custody of the Department of Homeland Security in the preceding year pursuant to such section.”
Sec. 3 GAO Study
Not later than 180 days after the date of enactment of this Act, the Comptroller General of the United States shall complete a study and submit a report to Congress on the number of aliens present in the United States who are inadmissible under section 212(a)(6)(A) or (C) or under section 212(a)(7) of the Immigration and Nationality Act who were detained, during the 5 year period preceding the date of the report, for committing an assault against a law enforcement officer.