Empowering Law Enforcement Act of 2021 This bill addresses issues relating to immigration enforcement. The bill declares that state and local law enforcement have inherent authority to investigate and arrest individuals to assist federal immigration enforcement. (Currently, state and local law enforcement may take certain immigration enforcement actions upon entering into an agreement with U.S. Immigration and Customs Enforcement.) The Department of Homeland Security (DHS) must reimburse state and local law enforcement for the costs of holding or transporting a detained alien. DHS may detain an alien beyond the removal period (generally the window in which DHS must remove an alien after a final order of removal) upon making certain certifications, such as a certification that the alien's release would threaten community safety. DHS may renew this certification every six months after giving the alien an opportunity to request reconsideration of the certification. An alien challenging such detention may only do so by filing an application for a writ of habeas corpus. Certain aliens subject to mandatory detention may be held without time limitation while removal proceedings are pending. DHS must detain an alien who is present in the United States without lawful status if the alien has been convicted for driving while intoxicated. DHS must establish a process to determine whether an alien not subject to mandatory detention and who has tried to comply with a removal order should be detained or released with conditions. The Department of Justice must include information about immigration law violations in the National Crime Information Center database.
Sponsored bills
Criminal Alien Removal Clarification Act of 2021 This bill subjects to deportation an alien who at any time after admission has been convicted of a felony or two misdemeanors under state or federal law. Currently, an alien is subject to deportation for a single conviction for certain felonies (such as an aggravated felony), two or more convictions for crimes involving moral turpitude, or being a drug addict.
Ensuring Accountability in Agency Rulemaking Act This bill requires, subject to limited exception, that any agency rule promulgated under notice and comment procedures must be issued and signed by the head of the agency. The Office of Information and Regulatory Affairs must issue guidance for agencies to implement this requirement.
Securing the Homeland from International Entrants with Life-threatening Diseases Act or the SHIELD Act This bill suspends for one year the admission and parole into the United States of certain categories of individuals who are from or were recently in a country that fails to meet certain criteria related to COVID-19. This restriction applies to certain individuals entering the United States from Mexico or Canada through a port of entry or U.S. Border Patrol station and (1) whose country of origin has not been categorized by the Centers for Disease Control and Prevention as a low-risk country for COVID-19, or (2) who was in such a country at any time in the 30 days before arriving in the United States. The bill exempts certain individuals from this restriction, including U.S. citizens and lawful permanent residents, members of the Armed Forces, and persons from a foreign country who arrive at a designated port of entry with valid travel documents. The Department of Homeland Security shall transport barred individuals to a foreign location, such as an individual's country of origin, to the extent practicable.
No Frivolous Application for Short-Barreled Shotguns Act or the NFA SBS Act This bill removes certain short-barreled shotguns from the definition of firearms for purposes of the National Firearms Act. It also eliminates the prohibition on the sale or transportation of such shotguns in interstate commerce and treats persons who acquire or possess a short-barreled shotgun as meeting the registration or licensing requirements for such shotguns where such requirements are determined by reference to the National Firearms Act. The bill preempts state or local laws that impose a tax or recordkeeping requirements on short-barreled shotguns. The Department of Justice must destroy records relating to the registration of shotguns described by this bill within one year after the enactment of this bill.
Flag Code Modernization Act of 2021 This bill revises provisions regarding customs and practices with respect to the American flag. Among other changes, the bill permits U.S. postal workers to wear the flag on their uniforms and modifies provisions regarding the position and manner of display of the flag.
No Taxpayer Funding for the Central American Minors Program Act This bill prohibits using federal funds to carry out the Central American Minors program, a Department of Homeland Security and Department of State program that reunites qualified children from El Salvador, Guatemala, and Honduras with their parent who is lawfully present in the United States.
Transparency of Migration Act This bill requires the Department of Homeland Security and the Department of Health and Human Services (HHS) to make publicly available online certain information about individuals unlawfully present in the United States who are (1) apprehended by U.S. Customs and Border Protection and sent to a federal detention center or released into the United States, or (2) processed through an HHS facility. This information must be updated weekly and must include daily numbers, the country of origin of such individuals, and other details.
Second Amendment is Essential Act of 2021 This bill directs the Department of Homeland Security to designate the business of importing, manufacturing, or dealing firearms, or importing or manufacturing ammunition, as a critical infrastructure sector. Additionally, the bill states that individuals who are employed by those entities are critical infrastructure workers. The term critical infrastructure means systems and assets, physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health and safety, or any combination of those matters.
Firearm Due Process Protection Act This bill expands the grounds for pursuing judicial remedies related to certain firearm transfers. Additionally, the bill establishes procedural rules applicable to actions for judicial remedies. Current law authorizes judicial remedies for an individual who is erroneously denied a firearm (e.g., an individual is denied a firearm but the individual is eligible to receive or possess a firearm). This bill authorizes remedies for an individual who experiences an extended delay (i.e., a delay of more than 60 days) on a firearm transfer. Additionally, the bill requires an expedited hearing on an action for judicial remedies and places the burden of proof on the respondent to show by clear and convincing evidence that the individual was ineligible to receive or possess a firearm.