S4032-118

1. Short title This Act may be cited as the Improving Public Safety Through Immigration Warrant Issuance Act.

2. Warrant authority Chapter 9 of title II of the Immigration and Nationality Act (8 U.S.C. 1351 et seq.) is amended by inserting after section 287 the following: Upon receiving an application from a Federal law enforcement officer or an attorney for the Federal Government, a magistrate judge is authorized to issue a warrant to seize an alien located within the district over which the magistrate judge has jurisdiction if there is probable cause to believe that the alien— is removable (as defined in section 240(e)(2)); and has been charged with, or convicted of, a felony; has been charged with, or convicted of, a crime of violence, including any crime that endangers the safety or welfare of children; or is a threat to national security. If such actions are reasonably necessary to ensure the effectiveness of an arrest warrant issued pursuant to subsection (a), a magistrate judge may order the State or local jurisdiction with custody over the alien subject to such warrant— to transfer the alien to Federal custody; to notify the Federal Government of the impending release of the alien to facilitate such transfer; and to hold the alien for such time as may be necessary to facilitate such transfer, which may not exceed 48 hours. An order described in paragraph (1) may be issued contemporaneously with an arrest warrant issued pursuant to subsection (a) if, based on reliable evidence, a State or local jurisdiction with custody over the alien subject to such warrant is unlikely to assist in effectuating the warrant. Nothing in this subsection may be construed— to limit any inherent or statutory power of the Federal courts to issue orders in aid of their jurisdiction, including writs of habeas corpus and writs authorized under section 1651 of title 28, United States Code (commonly known as the All Writs Act); or to interfere with the Department of Homeland Security’s ability to issue detainer requests, as authorized by law. Each warrant issued pursuant to this section shall— be issued to an officer authorized to execute it; identify the alien to be seized and designate the magistrate judge to whom the warrant shall be returned; require the officer to submit the issued warrant to any State or locality with custody over the alien subject to the warrant as quickly as practicable; and be returned to the magistrate judge designated in the warrant. Warrant proceedings under this section may be conducted ex parte. When a Federal law enforcement officer or an attorney for the Federal Government presents an affidavit in support of a warrant, the magistrate judge may— require the affiant to appear personally before the judge; and examine under oath the affiant and any witness produced by the affiant. Testimony taken in support of a warrant shall be recorded by a court reporter or by a suitable recording device. The magistrate judge shall file the transcript or recording with the clerk, along with any related affidavit. In accordance with rule 4.1 of the Federal Rules of Criminal Procedure, a magistrate judge may issue a warrant based on information communicated by telephone or other reliable electronic means. In this section: The term attorney for the Federal Government means an attorney representing the Federal Government, as authorized by the Attorney General. The term crime of violence has the meaning given such term in section 16 of title 18, United States Code. The term felony means a crime classified as a felony in the convicting jurisdiction, excluding Federal, State, or local offenses for which an essential element was the alien’s immigration status. The term magistrate judge means a United States magistrate judge appointed pursuant to section 631 of title 28, United States Code. The table of contents for the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 287 the following: 287A.Authorization of Federal courts to issue arrest warrants(a)Authorization of Federal courts To issue arrest warrantsUpon receiving an application from a Federal law enforcement officer or an attorney for the Federal Government, a magistrate judge is authorized to issue a warrant to seize an alien located within the district over which the magistrate judge has jurisdiction if there is probable cause to believe that the alien—(1)is removable (as defined in section 240(e)(2)); and(2)(A)has been charged with, or convicted of, a felony;(B)has been charged with, or convicted of, a crime of violence, including any crime that endangers the safety or welfare of children; or(C)is a threat to national security.(b)Ensuring the effectiveness of warrants for persons in State or local custody(1)Additional authoritiesIf such actions are reasonably necessary to ensure the effectiveness of an arrest warrant issued pursuant to subsection (a), a magistrate judge may order the State or local jurisdiction with custody over the alien subject to such warrant—(A)to transfer the alien to Federal custody; (B)to notify the Federal Government of the impending release of the alien to facilitate such transfer; and(C)to hold the alien for such time as may be necessary to facilitate such transfer, which may not exceed 48 hours.(2)Timing of orderAn order described in paragraph (1) may be issued contemporaneously with an arrest warrant issued pursuant to subsection (a) if, based on reliable evidence, a State or local jurisdiction with custody over the alien subject to such warrant is unlikely to assist in effectuating the warrant.(3)Rules of constructionNothing in this subsection may be construed—(A)to limit any inherent or statutory power of the Federal courts to issue orders in aid of their jurisdiction, including writs of habeas corpus and writs authorized under section 1651 of title 28, United States Code (commonly known as the All Writs Act); or(B)to interfere with the Department of Homeland Security’s ability to issue detainer requests, as authorized by law.(c)Issuing the warrantEach warrant issued pursuant to this section shall—(1)be issued to an officer authorized to execute it;(2)identify the alien to be seized and designate the magistrate judge to whom the warrant shall be returned;(3)require the officer to submit the issued warrant to any State or locality with custody over the alien subject to the warrant as quickly as practicable; and(4)be returned to the magistrate judge designated in the warrant.(d)Procedure for obtaining a warrant(1)Ex parte proceedingsWarrant proceedings under this section may be conducted ex parte.(2)Warrant on an affidavitWhen a Federal law enforcement officer or an attorney for the Federal Government presents an affidavit in support of a warrant, the magistrate judge may—(A)require the affiant to appear personally before the judge; and (B)examine under oath the affiant and any witness produced by the affiant.(3)Recording testimonyTestimony taken in support of a warrant shall be recorded by a court reporter or by a suitable recording device. The magistrate judge shall file the transcript or recording with the clerk, along with any related affidavit.(4)Requesting a warrant by telephonic or other reliable electronic meansIn accordance with rule 4.1 of the Federal Rules of Criminal Procedure, a magistrate judge may issue a warrant based on information communicated by telephone or other reliable electronic means.(e)DefinitionsIn this section:(1)Attorney for the federal governmentThe term attorney for the Federal Government means an attorney representing the Federal Government, as authorized by the Attorney General.(2)Crime of violenceThe term crime of violence has the meaning given such term in section 16 of title 18, United States Code.(3)FelonyThe term felony means a crime classified as a felony in the convicting jurisdiction, excluding Federal, State, or local offenses for which an essential element was the alien’s immigration status.(4)Magistrate judgeThe term magistrate judge means a United States magistrate judge appointed pursuant to section 631 of title 28, United States Code.. Sec. 287A. Authorization of Federal courts to issue arrest warrants..

287A. Authorization of Federal courts to issue arrest warrants Upon receiving an application from a Federal law enforcement officer or an attorney for the Federal Government, a magistrate judge is authorized to issue a warrant to seize an alien located within the district over which the magistrate judge has jurisdiction if there is probable cause to believe that the alien— is removable (as defined in section 240(e)(2)); and has been charged with, or convicted of, a felony; has been charged with, or convicted of, a crime of violence, including any crime that endangers the safety or welfare of children; or is a threat to national security. If such actions are reasonably necessary to ensure the effectiveness of an arrest warrant issued pursuant to subsection (a), a magistrate judge may order the State or local jurisdiction with custody over the alien subject to such warrant— to transfer the alien to Federal custody; to notify the Federal Government of the impending release of the alien to facilitate such transfer; and to hold the alien for such time as may be necessary to facilitate such transfer, which may not exceed 48 hours. An order described in paragraph (1) may be issued contemporaneously with an arrest warrant issued pursuant to subsection (a) if, based on reliable evidence, a State or local jurisdiction with custody over the alien subject to such warrant is unlikely to assist in effectuating the warrant. Nothing in this subsection may be construed— to limit any inherent or statutory power of the Federal courts to issue orders in aid of their jurisdiction, including writs of habeas corpus and writs authorized under section 1651 of title 28, United States Code (commonly known as the All Writs Act); or to interfere with the Department of Homeland Security’s ability to issue detainer requests, as authorized by law. Each warrant issued pursuant to this section shall— be issued to an officer authorized to execute it; identify the alien to be seized and designate the magistrate judge to whom the warrant shall be returned; require the officer to submit the issued warrant to any State or locality with custody over the alien subject to the warrant as quickly as practicable; and be returned to the magistrate judge designated in the warrant. Warrant proceedings under this section may be conducted ex parte. When a Federal law enforcement officer or an attorney for the Federal Government presents an affidavit in support of a warrant, the magistrate judge may— require the affiant to appear personally before the judge; and examine under oath the affiant and any witness produced by the affiant. Testimony taken in support of a warrant shall be recorded by a court reporter or by a suitable recording device. The magistrate judge shall file the transcript or recording with the clerk, along with any related affidavit. In accordance with rule 4.1 of the Federal Rules of Criminal Procedure, a magistrate judge may issue a warrant based on information communicated by telephone or other reliable electronic means. In this section: The term attorney for the Federal Government means an attorney representing the Federal Government, as authorized by the Attorney General. The term crime of violence has the meaning given such term in section 16 of title 18, United States Code. The term felony means a crime classified as a felony in the convicting jurisdiction, excluding Federal, State, or local offenses for which an essential element was the alien’s immigration status. The term magistrate judge means a United States magistrate judge appointed pursuant to section 631 of title 28, United States Code.