Rep. Calvert Reintroduces Bill to Prevent Dangerous Criminal Illegal Immigrants from Being Released in our Communities

Today, Congressman Ken Calvert (CA-42) reintroduced legislation aimed at preventing criminal illegal immigrants from being released back in our communities. The Help Ensure Legal Detainers (HELD) Act, H.R. 438, would require state and localities to adhere to Immigration and Customs Enforcement (ICE) detainers.

"The safety of American families is jeopardized by states and localities that require their law enforcement officers to ignore ICE detainers," said Rep. Calvert. "One of the few areas of widespread agreement regarding illegal immigrants is the desire to see dangerous and violent criminal illegal immigrants deported from our country. Congress should pass the HELD Act and send a strong message that the safety of our communities – including our immigrant communities – comes before political games."

The HELD Act would deny all federal funding to any locality that has a law, policy or procedure in place that prevents local law enforcement from maintaining the custody of an alien pursuant to an ICE detainer. Specifically the bill:

• Would require local municipalities to promptly respond to an ICE Detainer notice issued by the Secretary of Homeland Security (DHS) that requests information about alien in custody in order for the Secretary to arrange for custody of the alien.

• Would require local municipalities to maintain custody of an alien for up to 48 hours pursuant to an immigration Detainer so that the alien can be transferred to the custody of DHS.

The HELD Act includes an exception in the bill in cases where counties may have a policy in place that prevents local law enforcement from working with ICE while cities within that county may have no such policy. In these cases, the flow of federal funding that would normally go through the county would go directly to the city.

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