Clarification of congressional intent

Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended— (1) by amending paragraph (1) to read as follows: (1) (A) Notwithstanding section 1342 of title 31, United States Code, the Secretary of Homeland Security shall enter into a written agreement with a State, or any political subdivision of a State, upon request of the State or political subdivision, pursuant to which law enforcement officers of such State or subdivision, who the Secretary determines are qualified to perform a function of an immigration officer in relation to the investigation, apprehension, or detention of aliens in the United States (including the transportation of such aliens across State lines to detention centers), may carry out such function at the expense of the State or political subdivision. (B) All requests described in subparagraph (A) from a bona fide State or political subdivision or a bona fide law enforcement agency shall be approved absent a compelling reason. If the Secretary denies a request described in subparagraph (A), the Secretary, not later than 180 days before finalizing such denial, shall— (i) submit to Congress an explanation containing the reasons for denying such request; and (ii) publish such explanation in the Federal Register. (C) The Secretary may not place any limit on the number of agreements that may be approved under this subsection. The Secretary shall process each request for such an agreement as expeditiously as possible and never later than the date that is 90 days after the date on which the request is received. (D) In this subsection, any reference to a political subdivision shall be construed to include any law enforcement or corrections agency of such political subdivision.; (2) by striking Attorney General each place such term appears and inserting Secretary; (3) by redesignating paragraphs (2) through (10) as paragraphs (5) through (13), respectively; (4) by inserting after paragraph (1) the following: (2) An agreement under this subsection shall accommodate a requesting State or political subdivision with respect to the enforcement model or combination of models, and shall accommodate a patrol model, task force model, jail model, any combination thereof, or any other reasonable model the State or political subdivision believes is best suited to the immigration enforcement needs of its jurisdiction. (3) No Federal program or technology directed broadly at identifying inadmissible or deportable aliens shall substitute for such agreements, including those establishing a jail model, and shall operate in addition to any agreement under this subsection. (4) (A) No agreement under this subsection may be terminated absent a compelling reason. (B) (i) The Secretary shall provide a State or political subdivision written notice of intent to terminate at least 180 days prior to date of intended termination, and the notice shall fully explain the grounds for termination, along with providing evidence substantiating the Secretary’s allegations. (ii) In order to determine whether the requirements of this paragraph have been satisfied, the State or political subdivision shall have the right— (I) to appeal the decision of the Secretary to an administrative law judge for a hearing and decision; or (II) to bring a civil action in an appropriate court of jurisdiction. (C) The agreement shall remain in full effect during the course of any and all legal proceedings.; and (5) in paragraph (6), as redesignated, by adding at the end the following: The Secretary of Homeland Security shall implement uniform training requirements for law enforcement officers who are, or will be, performing a function of an immigration officer authorized under this subsection. The training requirements shall align with Federal Law Enforcement Training Center standards for training under this subsection (as in effect on the date of the enactment of the 287(g) Program Protection Act)..