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H.R. 7343 — what changed

Detain and Deport Illegal Aliens Who Assault Cops Act

From Introduced in House to Reported in House. 1 section amended between Introduced in House and Reported in House.

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—

(1)
in paragraph (1)—
(A)
in the matter preceding subparagraph (A), by striking “Attorney General” and inserting “Secretary of Homeland Security”;
(B)
in subparagraph (C), by striking “, or” and inserting a comma;
(C)
in subparagraph (D), by adding “or” at the end; and
(D)
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

changed “(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,”

(2)
by redesignating paragraph (2) as paragraph (4); and
(3)
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; or

“(III) to be a firefighter or other first responder.

“(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.”