Bills of Congress by U.S. Congress

H.R.756 - 287(g) Program Protection Act (119th Congress)

Summary

H.R.756, the 287(g) Program Protection Act, aims to amend section 287(g) of the Immigration and Nationality Act. The bill seeks to clarify congressional intent regarding agreements between the Department of Homeland Security (DHS) and state/local law enforcement agencies for immigration enforcement. It mandates the Secretary of Homeland Security to enter into agreements upon request, absent compelling reasons, and streamlines the process for establishing and maintaining these partnerships.

Expected Effects

The likely effect of this bill is increased state and local involvement in federal immigration enforcement. It also provides more autonomy to state and local entities in choosing enforcement models. Additionally, it aims to ensure consistent training standards and oversight for participating law enforcement agencies.

Potential Benefits

  • Enhanced cooperation between federal and local law enforcement in immigration enforcement.
  • Increased efficiency in identifying and removing inadmissible or deportable aliens.
  • Greater flexibility for states and political subdivisions in tailoring immigration enforcement strategies to their specific needs.
  • Standardized training requirements for law enforcement officers involved in the 287(g) program.
  • Increased transparency and accountability through annual performance reports and recruitment plans.

Potential Disadvantages

  • Potential for increased strain on state and local resources due to the financial responsibility for the program.
  • Risk of civil rights violations and discriminatory practices by state and local law enforcement agencies.
  • Possible erosion of trust between immigrant communities and local law enforcement.
  • Concerns about the expansion of immigration enforcement activities without sufficient federal oversight.
  • Potential for the program to be used to target specific communities or individuals based on ethnicity or national origin.

Constitutional Alignment

The bill's constitutional alignment is complex. Article I, Section 8, Clause 4 grants Congress the power to establish a uniform Rule of Naturalization. The Tenth Amendment reserves powers not delegated to the federal government to the states, potentially raising questions about the extent to which the federal government can compel state and local enforcement of federal laws. However, the bill seeks to clarify and streamline existing agreements, potentially mitigating some constitutional concerns.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).