Detention of Certain Aliens Who Commit Theft

Section 2 · Sec. 2 ·

What this chapter is about

This part changes an older law about who must be held. It adds people who are not allowed in and who are charged with theft or some other crimes. It tells the head of Homeland Security to put a hold on them and take them in.

3 proposals indexed from this chapter.

A new class of alien is added to section 236(c)(1)

The document says “is amended”Who acts: CongressHow: statuteSec. 2 in the PDF

What the document says
“(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,''”

To require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes, Sec. 2

Section 2 amends section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)) by inserting a new subparagraph (E) after subparagraph (D). The new subparagraph describes an alien who meets two conditions at once: inadmissible under paragraph (6)(A), (6)(C), or (7) of section 212(a), and charged with, arrested for, convicted of, or admitting the essential elements of burglary, theft, larceny, shoplifting, assault of a law enforcement officer, or any crime that results in death or serious bodily injury.

What the document actually says
“(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,''”

To require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes, Sec. 2

That sentence, in plain words

This adds a new group of people to a list in an older law. They are people who are not allowed in under three rules. They are also people charged with theft or a few other crimes.

What this is about

A charge is not the same as being found guilty. The new words count a charge, an arrest, a guilty verdict, or an admission. Both parts must be true for a person to fit.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

The crime terms take their meaning from the place where the acts occurred

The document says “means”Who acts: CongressHow: statuteSec. 2 in the PDF

What the document says
“``(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.''”

To require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes, Sec. 2

Section 2 inserts a new paragraph (2) into section 236(c) of the Immigration and Nationality Act. For purposes of the new subparagraph (1)(E), the terms burglary, theft, larceny, shoplifting, assault of a law enforcement officer, and serious bodily injury carry the meanings given them in the jurisdiction where the acts occurred, rather than a meaning set by this Act.

What the document actually says
“``(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.''”

To require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes, Sec. 2

That sentence, in plain words

The crime names in the new rule get no set meaning here. Each one means what it means where the acts took place.

What this is about

States do not all name crimes the same way. So the same set of acts may fit in one state and not in the next.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

Homeland Security must issue a detainer and take custody

The document says “shall”Who acts: Secretary of Homeland SecurityHow: statuteSec. 2 in the PDF

What the document says
“``(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.''”

To require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes, Sec. 2

Section 2 inserts a new paragraph (3) into section 236(c) of the Immigration and Nationality Act. It requires the Secretary of Homeland Security to issue a detainer for an alien described in the new paragraph (1)(E), and, where the alien is not already detained by Federal, State, or local officials, to take custody of the alien effectively and expeditiously.

What the document actually says
“``(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.''”

To require the Secretary of Homeland Security to take into custody aliens who have been charged in the United States with theft, and for other purposes, Sec. 2

That sentence, in plain words

The head of Homeland Security must file a hold on the person. If no one else is holding them, that office must take them in fast.

What this is about

A hold is a notice asking a jail to keep someone. It gives the federal side time to come and get them.

No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.

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What This Page Covers, and What It Leaves Out

The three things the section adds to section 236(c) of the Immigration and Nationality Act: a new class of alien in subparagraph (1)(E), a definition paragraph for the crime terms used in it, and a detainer duty on the Secretary of Homeland Security.

Purely mechanical amendments. Striking the word 'or' from subparagraph (C), replacing the comma at the end of subparagraph (D) with ', or', and redesignating paragraph (2) as paragraph (4) are conforming changes that create no new duty, so they are named here and not recorded as separate entries.

The section works only by amending section 236(c) of the Immigration and Nationality Act (8 U.S.C. 1226(c)). That statute is not indexed on this site, so what the surrounding paragraphs of it say, before or after this amendment, is not recorded here. The words quoted below are the words this Act inserts.