S.Amdt. 56

As your legislative analyst, I want to make sure you know what our elected officials are working on. This amendment is called the Improving Public Safety Through Immigration Warrant Issuance Act. It was submitted by Mr. Murphy along with several other senators.

The purpose of this amendment is to add a new section to the Immigration and Nationality Act. It aims to give Federal courts the specific authority to issue arrest warrants for certain individuals under the following rules:

Key Changes and Additions

• A magistrate judge can issue a warrant to seize an alien if there is probable cause to believe the alien is removable and has been charged with or convicted of a felony, has been charged with or convicted of a crime of violence (including crimes endangering the safety or welfare of children), or is a threat to national security.
• The magistrate judge may order a State or local jurisdiction that currently has custody over the alien to transfer them to Federal custody, notify the Federal Government before releasing them, and hold the alien for up to 48 hours to help with the transfer.
• The amendment lays out the exact procedures for how Federal law enforcement or attorneys can request these warrants, including using affidavits, recording testimony, and using electronic or telephonic means.