Grant’s Law (H.R. 45; 117th Congress)

by Andy Biggs

117th CONGRESS
1st Session

H.R. 45

To require the Secretary of Homeland Security to detain any alien who is unlawfully present in the United States and is arrested for certain criminal offenses.

IN THE HOUSE OF REPRESENTATIVES

January 4, 2021

Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To require the Secretary of Homeland Security to detain any alien who is unlawfully present in the United States and is arrested for certain criminal offenses.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as “Grant’s Law”.

SEC. 2. MANDATORY DETENTION FOR CERTAIN ALIENS ARRESTED FOR THE COMMISSION OF CERTAIN OFFENSES.

Section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) is amended—

(1) in paragraph (1)—

(A) in subparagraph (C), by striking “or” at the end;

(B) in subparagraph (D), by adding “or” at the end; and

(C) by inserting after subparagraph (D) the following:

“(E) is—

“(i) determined by the Secretary of Homeland Security to be unlawfully present in the United States; and

“(ii) arrested for any offense described in subparagraphs (A) through (D) the conviction of which would render the alien inadmissible under section 212(a) or deportable under section 237(a),”; and

(2) in paragraph (2)—

(A) by striking “The Attorney General” and inserting the following:

“(A) IN GENERAL.—Except as provided in subparagraph (B), the Secretary of Homeland Security”;

(B) by striking “the Attorney General” each place such term appears and inserting “the Secretary”; and

(C) by adding at the end the following:

“(B) ARRESTED BUT NOT CONVICTED ALIENS.—The Secretary of Homeland Security may release any alien held pursuant to paragraph (1)(E) to the appropriate authority for any proceedings subsequent to the arrest. The Secretary shall resume custody of the alien during any period pending the final disposition of any such proceedings that the alien is not in the custody of such appropriate authority. If the alien is not convicted of the offense for which the alien was arrested, the Secretary shall continue to detain the alien until removal proceedings are completed.”.

SEC. 3. EXPEDITED INITIATION OF REMOVAL PROCEEDINGS.

Section 239(d) of the Immigration and Nationality Act (8 U.S.C. 1229(d)) is amended by adding at the end the following:

“(3) In the case of any alien held pursuant to section 236(c)(1)(E), the Secretary of Homeland Security shall complete removal proceedings by not later than 90 days after such alien is detained.”.