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Referenced Laws
8 U.S.C. 1151 et seq.
8 U.S.C. 1357
Section 1
1. Short title This Act may be cited as the Immigration Enforcement Partnership Act of 2023.
Section 2
2. Authorizing States to request the enforcement of the immigration laws If a State attorney general finds that the Secretary of Homeland Security is not adequately fulfilling his non-discretionary duties under title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.), such as the arrest, detention, and removal of criminal aliens and arriving aliens, such officer may request in writing that the Secretary do so. Not later than 30 days after receiving a request under subsection (a), the Secretary shall either— ensure that any such duties are adequately fulfilled by officers and employees of the Department of Homeland Security; or exercise his authority under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357) to authorize officials in the State to perform functions of an immigration officer related to the investigation, apprehension, or detention of aliens in that State, and fulfill such duties on behalf of the Secretary. If the Secretary does not comply with subsection (b), the State attorney general may file a civil action in an appropriate district court of the United States to enforce the requirements under such subsection. The court shall advance on the docket and expedite the disposition of a civil action filed under this subsection to the greatest extent practicable.