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Secure America Act › Section 202

U.S. Immigration and Customs Enforcement

Section 202 · Sec. 202 ·

What this chapter is about

This part sets aside $31,075,000,000 for ICE. It lists nine uses for the money. They cover staff, travel, computers, buildings, cars, lawyers, and deals with state and local police. The last use sets a floor of $350,000,000 for arrest work, and says who may be arrested and who may not be let go.

10 proposals indexed from this chapter.

The document says “shallWho acts: Director of U.S. Immigration and Customs EnforcementHow: statuteSec. 202 in the PDF
What the document says

“there is appropriated to the Director of U.S. Immigration and Customs Enforcement for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, $31,075,000,000, to remain available until September 30, 2029, for the following purposes:”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202

The section appropriates $31,075,000,000 to the Director of U.S. Immigration and Customs Enforcement for fiscal year 2026, in addition to amounts otherwise available. The money remains available until September 30, 2029. Nine numbered purposes follow. Only one of them, paragraph (9), carries an amount of its own, and that amount is a floor rather than a share.

What the document actually says

“there is appropriated to the Director of U.S. Immigration and Customs Enforcement for fiscal year 2026, out of any money in the Treasury not otherwise appropriated, $31,075,000,000, to remain available until September 30, 2029, for the following purposes:”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202
That sentence, in plain words

Congress sets aside $31,075,000,000 for the head of ICE. It may be spent up to September 30, 2029. Nine uses for it come next.

What this is about

This is the biggest sum in the law. The law does not split it nine ways. Only one of the nine uses has a set amount, and that is a floor.

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 document says “shallWho acts: Director of U.S. Immigration and Customs EnforcementHow: statuteSec. 202 in the PDF
What the document says

“(1) Hiring, paying, and training.--Hiring, paying, training, and equipping U.S. Immigration and Customs Enforcement personnel and the personnel for all its directorates, including officers, agents, investigators, attorneys and support staff, to carry out immigration enforcement activities.”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202

The first listed purpose. It covers hiring, paying, training and equipping personnel of U.S. Immigration and Customs Enforcement and of all its directorates, and names officers, agents, investigators, attorneys and support staff. The stated end is carrying out immigration enforcement activities.

What the document actually says

“(1) Hiring, paying, and training.--Hiring, paying, training, and equipping U.S. Immigration and Customs Enforcement personnel and the personnel for all its directorates, including officers, agents, investigators, attorneys and support staff, to carry out immigration enforcement activities.”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202
That sentence, in plain words

The money pays to hire, pay, train, and equip the people who work at ICE. That covers every part of it. The list names officers, agents, lawyers, and the staff who back them up.

What this is about

A directorate is a branch inside ICE. Each one does a different job. This use of the money reaches all of them at once.

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 document says “shallWho acts: Director of U.S. Immigration and Customs EnforcementHow: statuteSec. 202 in the PDF
What the document says

“(2) Transportation.--Funding for transportation costs and related costs associated with alien departure or removal operations. (3) Information technology.--Funding for information technology maintenance and sustainment to support enforcement and removal operations, including improvements to fee collections and body-worn cameras. (4) Facility maintenance and sustainment.--Funding for facility maintenance and sustainment to support enforcement and removal operations. (5) Fleet maintenance and sustainment.--Funding for fleet maintenance and sustainment to support enforcement and removal operations.”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202

The second through fifth listed purposes. Paragraph (2) funds transportation costs and related costs associated with alien departure or removal operations. Paragraphs (3), (4) and (5) fund the maintenance and sustainment of information technology, of facilities and of the vehicle fleet, each to support enforcement and removal operations. Paragraph (3) names improvements to fee collections and body-worn cameras.

What the document actually says

“(2) Transportation.--Funding for transportation costs and related costs associated with alien departure or removal operations. (3) Information technology.--Funding for information technology maintenance and sustainment to support enforcement and removal operations, including improvements to fee collections and body-worn cameras. (4) Facility maintenance and sustainment.--Funding for facility maintenance and sustainment to support enforcement and removal operations. (5) Fleet maintenance and sustainment.--Funding for fleet maintenance and sustainment to support enforcement and removal operations.”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202
That sentence, in plain words

The money pays travel costs when a person is sent out of the country. It also keeps up the computers, the buildings, and the cars. Some of it goes to better fee collection and to body cameras.

What this is about

These four uses are all upkeep. They do not add staff. A body camera is worn by a staff member and records what happens.

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 document says “shallWho acts: Director of U.S. Immigration and Customs EnforcementHow: statuteSec. 202 in the PDF
What the document says

“(6) 287(g) agreements.--Supporting coordination with state and local authorities by expanding, facilitating, and implementing agreements under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202

The sixth listed purpose. It covers supporting coordination with State and local authorities, by expanding, facilitating and implementing agreements under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)). That older Act is not indexed here, so nothing recorded says what such an agreement contains or permits.

What the document actually says

“(6) 287(g) agreements.--Supporting coordination with state and local authorities by expanding, facilitating, and implementing agreements under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)).”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202
That sentence, in plain words

The money pays for ICE to work with state and local bodies. It funds the deals they sign, and it helps make more of them.

What this is about

The deals are named for a part of an older law. That law is not covered on this site, so what a deal says is not set out here. This law only pays for the deals.

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 document says “shallWho acts: Director of U.S. Immigration and Customs EnforcementHow: statuteSec. 202 in the PDF
What the document says

“(8) Operation and maintenance.--Necessary expenses for U.S. Immigration and Customs Enforcement's mission support, including awards, and operations and maintenance for its immigration enforcement functions.”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202

The eighth listed purpose. It covers necessary expenses for mission support, and for operations and maintenance, for the immigration enforcement functions of U.S. Immigration and Customs Enforcement. The paragraph names awards as part of mission support.

What the document actually says

“(8) Operation and maintenance.--Necessary expenses for U.S. Immigration and Customs Enforcement's mission support, including awards, and operations and maintenance for its immigration enforcement functions.”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202
That sentence, in plain words

The money pays the plain running costs of ICE. That includes awards. It is for the immigration side of its work.

What this is about

An award here is a payment made to a member of staff. The rest of this use is the day to day cost of keeping the agency going.

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 document says “shallWho acts: Director of U.S. Immigration and Customs EnforcementHow: statuteSec. 202 in the PDF
What the document says

“(A) In general.--Not less than $350,000,000 for U.S. Immigration and Customs Enforcement for necessary expenses, in accordance with existing law, of detainer management, detainer issuance, custodial transfer, release monitoring, transportation, and arrests of covered unlawful aliens encountered in jurisdictions that are not qualified cooperating jurisdictions”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202

The ninth listed purpose sets a floor rather than a ceiling. Not less than $350,000,000 goes to necessary expenses, in accordance with existing law, of detainer management, detainer issuance, custodial transfer, release monitoring, transportation and arrests of covered unlawful aliens encountered in jurisdictions that are not qualified cooperating jurisdictions. The subparagraph adds that, for its purposes, no Indian tribal government is to be treated as a jurisdiction that is not a qualified cooperating jurisdiction. Both terms are defined later in the paragraph.

What the document actually says

“(A) In general.--Not less than $350,000,000 for U.S. Immigration and Customs Enforcement for necessary expenses, in accordance with existing law, of detainer management, detainer issuance, custodial transfer, release monitoring, transportation, and arrests of covered unlawful aliens encountered in jurisdictions that are not qualified cooperating jurisdictions”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202
That sentence, in plain words

At least $350,000,000 goes to arrest work. It covers holds, transfers, watching after release, and travel. It applies where a state or town has not signed up to work with ICE.

What this is about

This is a floor, not a cap. More may be spent, but not less. Tribal governments are left out of this rule. Land they run does not count as a place that has not signed up.

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 document says “meansWho acts: CongressHow: statuteSec. 202 in the PDF
What the document says

“(B) Qualified cooperating jurisdiction defined.--In this paragraph, the term ``qualified cooperating jurisdiction'' means a State or political subdivision of a State that, as of the date of the enactment of this Act”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202

The definition that decides where the money in paragraph (9) is aimed. A qualified cooperating jurisdiction is a State or political subdivision of a State that, as of the date this Act was enacted, either is party to a written agreement in effect under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)), or has in effect, and has filed with the Secretary in the form and manner the Secretary prescribes, a certification that it is in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) and section 434 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644). Those statutes are not indexed here.

What the document actually says

“(B) Qualified cooperating jurisdiction defined.--In this paragraph, the term ``qualified cooperating jurisdiction'' means a State or political subdivision of a State that, as of the date of the enactment of this Act”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202
That sentence, in plain words

Here is what counts as a state or town that works with ICE. The test is met on the day this law is signed, or not at all.

What this is about

There are two ways to meet it. One is to have signed a deal with ICE. The other is to file a paper with the department saying the place follows two older laws.

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 document says “may notWho acts: Director of U.S. Immigration and Customs EnforcementHow: statuteSec. 202 in the PDF
What the document says

“(C) Limitation on use of funds.--None of the funds appropriated pursuant to this paragraph may be used, except as required by existing law, to release, parole, place on alternatives to detention, transport for purposes of release, or otherwise facilitate the release into the community of any covered unlawful alien encountered.”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202

A limit on the money in paragraph (9) alone. None of it may be used to release, parole, place on alternatives to detention, transport for purposes of release, or otherwise facilitate the release into the community of any covered unlawful alien encountered. The limit gives way where existing law requires the release.

What the document actually says

“(C) Limitation on use of funds.--None of the funds appropriated pursuant to this paragraph may be used, except as required by existing law, to release, parole, place on alternatives to detention, transport for purposes of release, or otherwise facilitate the release into the community of any covered unlawful alien encountered.”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202
That sentence, in plain words

This money may not be used to let such a person go free. That covers letting them out, putting them under watch instead of a cell, or driving them out to be let go. The bar lifts where the law says they must be let go.

What this is about

The bar reaches only the money in this one use. It does not reach the rest of the sum. The next part says who counts as such a person.

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 document says “meansWho acts: CongressHow: statuteSec. 202 in the PDF
What the document says

“(D) Covered unlawful alien defined.--In this paragraph, the term ``covered unlawful alien'' means an adult alien who”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202

The definition that carries paragraph (9). A covered unlawful alien is an adult alien who meets any one of five listed grounds: is described in section 236(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1226(c)(1)); is inadmissible under section 212(a)(2) of that Act (8 U.S.C. 1182(a)(2)); is deportable under section 237(a)(2) of that Act (8 U.S.C. 1227(a)(2)); following an arrest, charge, booking or conviction for a criminal offense under Federal, State or local law, other than a minor traffic offense, is the subject of an immigration detainer, notice request or custody-transfer request issued by the Department of Homeland Security under section 236, 241(a) or 287 of that Act; or has been charged with or convicted of an offense described in section 275 or 276 of that Act (8 U.S.C. 1325 or 1326). None of those sections is indexed here, so nothing recorded says whom they describe.

What the document actually says

“(D) Covered unlawful alien defined.--In this paragraph, the term ``covered unlawful alien'' means an adult alien who”

To provide for reconciliation pursuant to title II of S. Con. Res. 33, Sec. 202
That sentence, in plain words

Here is what the term means in this part. The person must be an adult. Five grounds follow, and one of them is enough.

What this is about

All five grounds point into an older law. That law is not covered on this site. One ground is about a person held on a request from the department. That request follows an arrest or a charge. A small traffic matter does not count.

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 appropriation itself, each of the nine numbered purposes, and the four subparagraphs of paragraph (9): the floor placed on arrest operations, the definition of a qualified cooperating jurisdiction, the limit on releasing a person encountered, and the definition of a covered unlawful alien.

Nothing in the section is left out. The appropriation, all nine purposes and all four subparagraphs are recorded.

The section cites several older statutes, among them section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)), 8 U.S.C. 1373 and 8 U.S.C. 1644, and sections 212(a)(2), 236(c)(1), 237(a)(2), 275 and 276 of the Immigration and Nationality Act. None of those is indexed here, so nothing recorded says what they provide or who they describe.