H.R. 1821: Help Ensure Legal Detainers Act

The bill, titled the Help Ensure Legal Detainers Act (or HELD Act), aims to restrict federal funding to states and local governments that do not comply with certain immigration detainers issued by the Secretary of Homeland Security. Here is a summary of its main provisions:

Denial of Federal Funding

The bill stipulates that, starting from fiscal years following its enactment, federal funds cannot be allocated to any project or activity within a state or local government that has laws, policies, or procedures in place that hinder state or local law enforcement officials from:

• Responding Timely: Quickly responding to immigration notices from the Secretary of Homeland Security. These notices seek information about individuals in custody regarding their immigration status, including when they are expected to be released.
• Maintaining Custody: Holding an individual for up to 48 hours (not counting weekends and holidays) under an immigration detainer. This is intended to allow the federal authorities time to take custody of the individual and conduct further proceedings regarding their immigration status.

Applicability of the Bill

The legislation specifically targets those states or local jurisdictions that have laws or policies preventing compliance with the above requirements. In addition, a political subdivision (such as a city or county) that is not eligible for federal funds because of its state's non-compliance may apply directly for federal funds that it would typically receive through its state government.

Impact of Non-Compliance

States or local governments that do not make necessary adjustments to comply with the requirements of this bill would face budgetary constraints due to the loss of federal financial assistance for various projects and activities.

Conclusion of the Bill’s Provisions

The bill effectively incentivizes states and local governments to align their laws and procedures with federal immigration enforcement standards regarding detainers, thereby potentially increasing cooperation between state and federal authorities on immigration issues.

Relevant Companies

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