H.R. 7664

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7664 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 7664

To amend the Immigration and Nationality Act to provide for the 
performance of certain Department of Homeland Security counsel 
functions by State officers and employees, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 24, 2026

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

_______________________________________________________________________

A BILL

To amend the Immigration and Nationality Act to provide for the 
performance of certain Department of Homeland Security counsel 
functions by State officers and employees, and for other purposes.

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 the ``State Partnerships to Enhance 
Removal of Criminal Aliens Act''.

SEC. 2. PERFORMANCE OF CERTAIN DEPARTMENT OF HOMELAND SECURITY COUNSEL 
FUNCTIONS BY STATE OFFICERS AND EMPLOYEES.

Section 287 of the Immigration and Nationality Act (8 U.S.C. 1357) 
is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting the following after subsection (g):
``(h) Performance of Certain Department of Homeland Security 
Counsel Functions by State Officers and Employees.--
``(1) 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.
``(2) An agreement under this subsection shall--
``(A) require that an officer or employee of a 
State performing a function under the agreement have 
knowledge of, and adhere to, Federal law relating to 
the function;
``(B) contain a written certification that the 
officers or employees of a State performing the 
function under the agreement have received adequate 
training regarding the enforcement of relevant Federal 
immigration laws; and
``(C) state that an officer or employee of a State 
performing a function under the agreement has no 
independent prosecutorial or policymaking discretion.
``(3) In performing a function under this subsection, an 
officer or employee of a State shall be subject to the 
direction and supervision of the Secretary of Homeland 
Security.
``(4) In performing a function under this subsection, an 
officer or employee of a State may use Federal property or 
facilities, as provided in a written agreement between the 
Secretary and the State.
``(5) With respect to each officer or employee of a State 
who is authorized to perform a function under this subsection, 
the specific powers and duties that may be, or are required to 
be, exercised or performed by the individual, the duration of 
the authority of the individual, and the position of the agency 
of the Secretary of Homeland Security who is required to 
supervise and direct the individual, shall be set forth in a 
written agreement between the Secretary of Homeland Security 
and the State.
``(6) The Secretary of Homeland Security may not accept a 
service under this subsection if the service will be used to 
displace any Federal employee.
``(7) Except as provided in paragraph (8), an officer or 
employee of a State performing functions under this subsection 
shall not be treated as a Federal employee for any purpose 
other than for purposes of chapter 81 of title 5 (relating to 
compensation for injury) and sections 2671 through 2680 of 
title 28, United States Code (relating to tort claims).
``(8) An officer or employee of a State acting under color 
of authority under this subsection, or any agreement entered 
into under this subsection, shall be considered to be acting 
under color of Federal authority for purposes of determining 
the liability, and immunity from suit, of the officer or 
employee in a civil action brought under Federal, State, local, 
or tribal law.
``(9) The removal proceedings described in paragraph (1) 
are proceedings under--
``(A) section 238 if the alien is located in a 
Federal, State, or local correctional facility in the 
State with which the Secretary of Homeland Security has 
entered into a written agreement described in this 
section; or
``(B) section 240 if--
``(i) the alien is charged with a ground of 
inadmissibility under section 212(a) or a 
ground of deportability under section 237(a) 
that is based on a violation of State law, to 
the extent the Secretary of Homeland Security 
has entered into a written agreement described 
in this section with that State; or
``(ii) the alien's eligibility for 
immigration relief may be affected by such a 
violation of State law, to the extent the 
Secretary of Homeland Security has entered into 
a written agreement described in this section 
with that State.''.

SEC. 3. AGGRAVATED FELONY.

(a) Definition.--Paragraph (43) of section 101(a) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(1) in subparagraph (A), by striking ``minor'' and 
inserting ``minor, or an offense involving any of the preceding 
offenses'';
(2) by amending subparagraph (B) to read as follows:
``(B) 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);'';
(3) in subparagraph (C), by inserting ``an offense 
involving'' before ``illicit trafficking in firearms'';
(4) in subparagraph (E)--
(A) in clause (ii), by striking ``or'' at the end;
(B) by redesignating clause (iii) as clause (iv); 
and
(C) by inserting after clause (ii) the following:
``(iii) sections 932 and 933 of title 18 
(relating to straw purchasing of firearms and 
trafficking in firearms); or'';
(5) in subparagraph (I), by striking ``or 2252'' and 
inserting ``2252, or 2252A'';
(6) by amending subparagraph (F) to read as follows:
``(F) an offense that is--
``(i) a crime of violence (as defined in 
section 16 of title 18, United States Code, but 
not including a purely political offense) for 
which the term of imprisonment is at least one 
year;
``(ii) any crime, for which the term of 
imprisonment is at least one year, where 
evidence establishes the circumstances of the 
crime as actually committed by the alien 
involved the use, attempted use, or threatened 
use of physical force against the person or 
property of another;
``(iii) assault, battery, or robbery, as 
defined under the jurisdiction of conviction, 
for which the term of imprisonment is at least 
one year; or
``(iv) described in section 2119 of title 
18, United States Code (relating to 
carjacking);'';
(7) by amending subparagraph (G) to read as follows:
``(G)(i) an offense involving burglary (regardless 
of whether a structure was involved) or theft 
(including theft by deceit, theft by fraud, 
embezzlement, or receipt, possession, or use of stolen 
property), regardless of whether any taking was 
temporary or permanent, for which the term of 
imprisonment is at least one year; or
``(ii) any crime, for which the term of 
imprisonment is at least one year, where evidence 
establishes the circumstances of the crime as actually 
committed by the alien was an offense involving 
burglary (regardless of whether a structure was 
involved) or theft (including theft by deceit, theft by 
fraud, embezzlement, or receipt, possession, or use of 
stolen property), regardless of whether any taking was 
temporary or permanent;'';
(8) in subparagraph (N)--
(A) by striking ``paragraph (1)(A) or (2) of''; and
(B) by inserting a semicolon at the end;
(9) in subparagraph (O), by striking ``section 275(a) or 
276 committed by an alien who was previously deported on the 
basis of a conviction for an offense described in another 
subparagraph of this paragraph'' and inserting ``section 275 or 
276 for which the term of imprisonment is at least 1 year'';
(10) in subparagraph (P)--
(A) by striking ``(i) which either is falsely 
making, forging, counterfeiting, mutilating, or 
altering a passport or instrument in violation of 
section 1543 of title 18, United States Code, or is 
described in section 1546(a) of such title (relating to 
document fraud) and (ii)'' and inserting ``described in 
any section of chapter 75 of title 18, United States 
Code, and''; and
(B) by striking ``, except in the case of a first 
offense for which the alien has affirmatively shown 
that the alien committed the offense for the purpose of 
assisting, abetting, or aiding only the alien's spouse, 
child, or parent (and no other individual) to violate a 
provision of this Act'';
(11) in subparagraph (T), by striking ``and'' at the end;
(12) by striking subparagraph (U); and
(13) by adding at the end the following:
``(U) an offense described in--
``(i) section 2441 of title 18, United 
States Code (relating to war crimes);
``(ii) section 2340A of title 18, United 
States Code (relating to torture);
``(iii) section 1091 of title 18, United 
States Code (relating to genocide); or
``(iv) section 2442 of title 18, United 
States Code (relating to use and recruitment of 
child soldiers);
``(V) any offense not otherwise listed in this 
paragraph that is--
``(i) defined as a felony by the 
jurisdiction of conviction; or
``(ii) punishable by a maximum term of 
imprisonment of more than 1 year; and
``(W) an offense, either classified in the 
jurisdiction of conviction as or consisting of, a 
conspiracy, attempt, or solicitation to commit an 
offense described in this paragraph, or aiding, 
abetting, counseling, procuring, commanding, or 
inducing the commission of such an offense.''.
(b) Inadmissibility.--Section 212(a)(2)(A)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by adding ``or'' at the end; and
(3) by inserting after subclause (II) the following:
``(III) an aggravated felony,''.
(c) Conforming Amendments.--The Immigration and Nationality Act (8 
U.S.C. 1101 et seq.) is amended--
(1) in section 208(b)(2)(B)(i), by adding after the period 
the following ``An alien may be determined to have been 
convicted of a particularly serious crime even if the alien's 
conviction does not constitute an aggravated felony.'';
(2) in section 238(a)(1), by striking ``for aliens 
convicted of any criminal offense covered in'' and all that 
follows through ``otherwise covered by section 
241(a)(2)(A)(i)'' and inserting ``for aliens convicted of any 
criminal offense covered in section 237(a)(2)'';
(3) in section 241(b)(3)(B), in the matter following clause 
(iv), by striking ``For purposes of clause (ii), an alien who 
has been convicted of an aggravated felony (or felonies) for 
which the alien has been sentenced to an aggregate term of 
imprisonment of at least 5 years shall be considered to have 
committed a particularly serious crime. The previous sentence 
shall not preclude the Attorney General from determining that, 
notwithstanding the length of sentence imposed, an alien has 
been convicted of a particularly serious crime.'' and inserting 
``For purposes of clause (ii), an alien who has been convicted 
of an aggravated felony shall be considered to have been 
convicted of a particularly serious crime. The Attorney General 
and Secretary of Homeland Security may jointly designate, by 
regulation, offenses that will be considered to be a crime 
described in clause (ii) or (iii). An alien may be determined 
to have been convicted of a particularly serious crime without 
regard to whether the offense for which the alien was convicted 
is an aggravated felony or an offense designated under the 
previous sentence.''; and
(4) in section 242(a)(2)(C), by striking 
``237(a)(2)(A)(iii)'' and all that follows through the period 
at the end and inserting ``section 237(a)(2)''.
(d) Applicability.--This section, and the amendments made by this 
section, shall apply with respect to the commission of an offense 
before, on, or after the date of enactment of this section, and with 
respect to removal proceedings commenced before, on, or after the date 
of enactment of this section.

SEC. 4. SEVERABILITY.

If any provision of this Act, or any amendment made by this Act, or 
the application of such provision to any person, entity, government, or 
circumstance, is held to be unconstitutional, the remainder of this 
Act, or any amendment made thereby, or the application of such 
provision to all other persons, entities, governments, or 
circumstances, shall not be affected thereby.
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