How HR 7664 changes current law

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

The bill allows state officers and employees to perform certain legal functions for the Department of Homeland Security regarding immigration enforcement and modifies definitions related to aggravated felonies.

• 8 U.S.C. 1357

  (h) Performance of Certain Department of Homeland Security Counsel Functions by State Officers and Employees.-- Notwithstanding section 1342 of title 31, United States Code, the Secretary of Homeland Security, in coordination with the Attorney General, may enter into a written agreement with a State pursuant to which an officer or employee of the State, who is a licensed attorney and who is determined by the Secretary of Homeland Security to be qualified to perform the function of an Office of the Principal Legal Advisor attorney in representing the Department of Homeland Security in removal proceedings described in paragraph (9), may carry out such function at the expense of the State.

  This adds provisions allowing state attorneys to represent the DHS in immigration removal proceedings.

• 8 U.S.C. 1101(a)(43)

  minor → minor, or an offense involving any of the preceding offenses

  This change broadens the definition of aggravated felonies to include offenses involving previously listed offenses.

• 8 U.S.C. 1101(a)(43)

  an offense involving illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act), including a drug trafficking crime (as defined in section 924(c) of title 18, United States Code); → an offense involving-- (i) illicit trafficking in a controlled substance (as defined in section 102 of the Controlled Substances Act), including a drug trafficking crime (as defined in section 924(c) of title 18, United States Code); or (ii) any other crime classified as a felony in the jurisdiction of conviction, or punishable by a maximum term of imprisonment of more than 1 year in the jurisdiction of conviction, involving-- (I) in the case of an offense under State, local, or tribal law, a substance that is classified as a controlled substance under such law, as applicable, regardless of whether the substance is a controlled substance (as defined in section 102 of such Act); or (II) in the case of an offense under Federal law or foreign law, a controlled substance (as defined in section 102 of such Act);

  This modifies the definition of aggravated felonies to include a broader range of felony offenses related to either controlled substances or state law.

• 8 U.S.C. 1182(a)(2)(A)(i)

  (III) an aggravated felony,

  This adds aggravated felonies to the list of reasons for inadmissibility under immigration law.