H.R. 578 — Sarah’s Law

This section expands mandatory detention under INA §236(c) (8 U.S.C. 1226(c))—which requires DHS to detain certain criminal and terrorist aliens pending a removal decision, with release permitted only for witness protection purposes—to include aliens who (1) are inadmissible under INA §212(a)(6)(A) (unlawful presence), (6)(C) (fraud/misrepresentation), or (7) (documentation requirements); deportable under INA §237(a)(1)(B) (revoked nonimmigrant status) or §237(a)(1)(C)(i) (failure to maintain status); and (2) are charged with, arrested for, convicted of, admit having committed, or admit committing acts constituting an offense resulting in another person's death or serious bodily injury (as defined in 18 U.S.C. 1365(h)(3)). It further (1) requires DHS, upon encountering such an alien, to obtain and provide timely victim notifications—including the alien's name, immigration/criminal history, custody status, and removal efforts—and (2) directs DHS to issue a detainer for and take custody of such an alien if not otherwise detained by federal, state, or local officials.

This section provides a savings clause stating that nothing in this Act or the amendments made by this Act limits the rights of crime victims under any other provision of law, including 18 U.S.C. § 3771 (Crime Victims' Rights Act).