H.R. 7664 — State Partnerships to Enhance Removal of Criminal Aliens Act

This section establishes an exception to the prohibition on accepting voluntary services for the federal government under 31 U.S.C. 1342 (i.e., the voluntary services provision of the Antideficiency Act). Under the exception, the Secretary of Homeland Security, in coordination with the Attorney General, may enter into written agreements with a state allowing qualified state-licensed attorneys to represent the Department of Homeland Security in specified removal proceedings at state expense. Agreements must (1) ensure state attorneys have knowledge of and adhere to relevant federal immigration law, receive adequate training, and lack independent prosecutorial or policymaking discretion; (2) subject state attorneys to DHS direction and supervision, including specified powers, duties, duration, and supervisory position; and (3) prohibit displacing federal employees. State attorneys may use federal property or facilities per the agreement and, while not treated as federal employees except for workers' compensation and tort claims purposes, are considered to act under federal authority for civil liability and immunity. The specified removal proceedings are (1) expedited removal under INA §238 for aliens in federal, state, or local correctional facilities in the state or (2) standard removal under INA §240 for aliens charged with inadmissibility or deportability grounds based on state law violations, or whose relief eligibility may be affected by such violations, to the extent covered by the agreement. (Thus, states may voluntarily support DHS litigation in state correctional facilities or state-law-related cases without violating federal restrictions on unpaid services.)

This section revises the definition of aggravated felony in INA §101(a)(43) to broaden multiple categories and add new ones, including— (1) in subparagraph (A), offenses involving murder, rape, sexual abuse, or sexual exploitation of a minor; (2) in subparagraph (B), any state, local, tribal, federal, or foreign felony involving controlled substances (regardless of federal scheduling for non-federal offenses); (3) in subparagraph (C), an offense involving illicit trafficking in firearms or destructive devices; (4) in subparagraph (E), straw purchasing of firearms (18 USC 932) and firearms trafficking (18 USC 933); (5) in subparagraph (F), crimes of violence (as defined in 18 USC 16) with at least one year imprisonment, assault/battery/robbery with at least one year imprisonment, or carjacking (18 USC 2119); (6) in subparagraph (G), burglary (regardless of structure involvement) or theft (including by deceit/fraud/embezzlement/receipt/use of stolen property, temporary or permanent) with at least one year imprisonment; (7) expanded document fraud under chapter 75 of title 18 USC (subparagraph P) and reentry after deportation (INA §275/276) with at least one year imprisonment (subparagraph O); (8) war crimes (18 USC 2441), torture (18 USC 2340A), genocide (18 USC 1091), and recruitment/use of child soldiers (18 USC 2442) (new subparagraph U); (9) any other felony or offense punishable by more than one year imprisonment (new subparagraph V); and (10) conspiracies, attempts, solicitations, or aiding/abetting any aggravated felony (new subparagraph W). The section also renders noncitizens inadmissible for any aggravated felony under INA §212(a)(2)(A)(i)(III) (previously limited to crimes of moral turpitude) and makes conforming amendments, including clarifying that non-aggravated felonies may still qualify as particularly serious crimes barring asylum (INA §208(b)(2)(B)(i)). (Thus, these changes expand grounds for inadmissibility, deportation, and ineligibility for relief for noncitizens convicted of a wider range of offenses.)

This section establishes a severability clause, providing that if any provision of the Act or its amendments, or its application to any person, entity, government, or circumstance, is held unconstitutional, the remainder of the Act and its amendments remain in effect.