How S 5 changes current law

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill updates provisions for the detention of aliens charged with theft and enhances the enforcement authority of state attorneys general regarding immigration laws.

• 8 U.S.C. 1226

  (E)(i) is inadmissible under paragraph (6)(A), (6)(C), or (7) of section 212(a); 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 burglary, theft, larceny, shoplifting, or assault of a law enforcement officer offense, or any crime that results in death or serious bodily injury to another person,'';

  Adds grounds for mandatory detention of aliens charged with theft and related offenses.

• 8 U.S.C. 1226

  2) by redesignating paragraph (2) as paragraph (4); and → 2) by inserting after paragraph (1) the following: ``(2) Definition.--For purposes of paragraph (1)(E), the terms `burglary', `theft', `larceny', `shoplifting', `assault of a law enforcement officer', and `serious bodily injury' have the meanings given such terms in the jurisdiction in which the acts occurred.''

  Defines key terms related to theft and related offenses for clarity in the context of detention.

• 8 U.S.C. 1226

  (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.

  Requires the issuance of a detainer for aliens charged with specified offenses.

• 8 U.S.C. 1225

  (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 harms 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.

  Establishes standing for state attorneys general to enforce detention and removal requirements in immigration cases.

• 8 U.S.C. 1226

  or release

  Removes the ability for the Attorney General to release aliens during removal proceedings from subsection (e).

• 8 U.S.C. 1253

  (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 harms 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.

  Grants state attorneys general authority to enforce visa-granting provisions that impact their residents.

• 8 U.S.C. 1182

  Attorney General → Secretary of Homeland Security

  Transfers authority from the Attorney General to the Secretary of Homeland Security regarding the granting of parole.

• 8 U.S.C. 1231

  During the removal period, → In general.--During the removal period,

  Clarifies the general application of the removal period provisions.

• 8 U.S.C. 1231

  (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 harms 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.

  Further enhances enforcement capabilities for state officers concerning detention requirements.

• 8 U.S.C. 1252

  (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).

  Clarifies exemptions for certain actions in immigration enforcement from restrictions on injunctive relief.