Rep. Calvert Introduces Bill to Prevent Criminal Illegal Immigrants from Being Released

Washington, D.C, Oct 23

Today, Congressman Ken Calvert (CA-42) introduced legislation aimed at preventing criminal illegal immigrants from being released from custody. The HELD Act – Help Ensure Legal Detainers Act – (H.R. 3816) would require localities to adhere to Immigration and Customs Enforcement (ICE) detainers.


“We have a responsibility to protect Americans from illegal immigrants who have committed serious crimes in our country,” said Rep. Calvert. “After the brutal murder of Kate Steinle in San Francisco by an illegal immigrant with a long criminal record, my constituents and families around the country have raised questions about how the federal government can prevent such an event from occurring again. There are a number of complex and challenging immigration policy matters facing our country, however, facilitating the deportation of illegal immigrants with a serious criminal record is just common sense.“

The HELD Act would deny all federal funding – including transportation funding – if a locality has a law, policy or procedure in place that prevents local law enforcement from maintaining the custody of an illegal immigrant 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 illegal immigrant in custody in order for the Secretary to arrange for custody of the individual.



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


The HELD Act included 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.





http://calvert.house.gov/news/docume...umentID=397462