[Pages S194-S195]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 77. Mr. SCHMITT submitted an amendment intended to be proposed by 
him to the bill S. 5, to require the Secretary of Homeland Security to 
take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       Beginning on page 3, strike line 9 and all that follows 
     through page 8, line 10, and insert the following:

     SEC. 3. ENFORCEMENT BY ATTORNEY GENERAL OF A STATE.

       (a) Inspection of Applicants for Admission.--Section 235(b) 
     of the Immigration and

[[Page S195]]

     Nationality Act (8 U.S.C. 1225(b)) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Enforcement by attorney general of a state.--The 
     attorney general of a State, or other authorized State 
     officer, alleging a violation of the detention and removal 
     requirements under paragraph (1) or (2) that will harm such 
     State or its residents shall have standing to bring an action 
     against the Secretary of Homeland Security on behalf of such 
     State or the residents of such State in an appropriate 
     district court of the United States to obtain appropriate 
     injunctive relief. The court shall advance on the docket and 
     expedite the disposition of a civil action filed under this 
     paragraph to the greatest extent practicable. For purposes of 
     this paragraph, the attorney general of a State, or other 
     authorized State officer, shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to a violation of any such detention 
     or removal requirement or an intent to commit such violation, 
     including--
       ``(A) financial harm in excess of $1; or
       ``(B) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (b) Apprehension and Detention of Aliens.--Section 236 of 
     the Immigration and Nationality Act (8 U.S.C. 1226), as 
     amended by this Act, is further amended--
       (1) in subsection (e)--
       (A) by striking ``or release''; and
       (B) by striking ``grant, revocation, or denial'' and insert 
     ``revocation or denial''; and
       (2) by adding at the end the following:
       ``(f) Enforcement by Attorney General of a State.--The 
     attorney general of a State, or other authorized State 
     officer, alleging an action or decision by the Attorney 
     General or Secretary of Homeland Security under this section 
     to release any alien or grant bond or parole to any alien 
     that will harm such State or its residents shall have 
     standing to bring an action against the Attorney General or 
     Secretary of Homeland Security on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States to obtain appropriate injunctive relief. 
     The court shall advance on the docket and expedite the 
     disposition of a civil action filed under this subsection to 
     the greatest extent practicable. For purposes of this 
     subsection, the attorney general of a State, or other 
     authorized State officer, shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to such action or decision to 
     release or grant bond or parole to an alien or an intent to 
     take such action or make such decision, including--
       ``(1) financial harm in excess of $1; or
       ``(2) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (c) Penalties.--Section 243 of the Immigration and 
     Nationality Act (8 U.S.C. 1253) is amended by adding at the 
     end the following:
       ``(e) Enforcement by Attorney General of a State.--The 
     attorney general of a State, or other authorized State 
     officer, alleging a violation of the requirement to 
     discontinue granting visas to citizens, subjects, nationals, 
     and residents as described in subsection (d) that will harm 
     such State or its residents shall have standing to bring an 
     action against the Secretary of State on behalf of such State 
     or the residents of such State in an appropriate district 
     court of the United States to obtain appropriate injunctive 
     relief. The court shall advance on the docket and expedite 
     the disposition of a civil action filed under this subsection 
     to the greatest extent practicable. For purposes of this 
     subsection, the attorney general of a State or other 
     authorized State officer shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to a violation of the requirement to 
     discontinue granting visas to aliens described in subsection 
     (d) or an intent to commit such violation, including--
       ``(1) financial harm in excess of $1; or
       ``(2) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (d) Certain Classes of Aliens.--Section 212(d)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) is 
     amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(C) The attorney general of a State, or other authorized 
     State officer, alleging a violation of the limitation under 
     subparagraph (A) that parole solely be granted on a case-by-
     case basis and solely for urgent humanitarian reasons or a 
     significant public benefit, that will harm such State or its 
     residents shall have standing to bring an action against the 
     Secretary of Homeland Security on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States to obtain appropriate injunctive relief. 
     The court shall advance on the docket and expedite the 
     disposition of a civil action filed under this subparagraph 
     to the greatest extent practicable. For purposes of this 
     subparagraph, the attorney general of a State, or other 
     authorized State officer, shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to a violation of the limitation 
     under subparagraph (A) or an intent to commit such violation, 
     including--
       ``(i) financial harm in excess of $1; or
       ``(ii) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (e) Detention.--Section 241(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)(2)) is amended--
       (1) by striking ``During the removal period,'' and 
     inserting the following:
       ``(A) In general.--During the removal period,''; and
       (2) by adding at the end the following:
       ``(B) Enforcement by attorney general of a state.--The 
     attorney general of a State, or other authorized State 
     officer, alleging a violation of the detention requirement 
     under subparagraph (A) that will harm such State or its 
     residents shall have standing to bring an action against the 
     Secretary of Homeland Security on behalf of such State or the 
     residents of such State in an appropriate district court of 
     the United States to obtain appropriate injunctive relief. 
     The court shall advance on the docket and expedite the 
     disposition of a civil action filed under this subparagraph 
     to the greatest extent practicable. For purposes of this 
     subparagraph, the attorney general of a State, or other 
     authorized State officer, shall have standing if the State or 
     its residents are experiencing harm or will experience harm 
     that is fairly traceable to a violation of the detention 
     requirement under subparagraph (A) or an intent to commit 
     such violation, including--
       ``(i) financial harm in excess of $1; or
       ``(ii) an increased probability of future harm, including 
     future encounters or interactions with aliens who are 
     unlawfully present in the United States.''.
       (f) Limit on Injunctive Relief.--Section 242(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1252(f)) is amended 
     by adding at the end following:
       ``(3) Certain actions.--Paragraph (1) shall not apply to an 
     action brought pursuant to section 235(b)(3), subsections (e) 
     or (f) of section 236, or section 241(a)(2)(B).''.
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