S.Amdt. 5642

This amendment, submitted by Mr. Warnock, aims to replace section 202 of the bill. Its purpose is to provide additional funding to the Director of U.S. Immigration and Customs Enforcement (ICE).

Funding and Purpose

The amendment proposes appropriating $31,074,000,000 for fiscal year 2026, available until September 30, 2029, for the following:

• Personnel: Hiring, paying, training, and equipping staff, including officers, agents, investigators, attorneys, and support staff.
• Operations: Funding for transportation for alien removal, information technology (including body-worn cameras and fee collections), and the maintenance of facilities and fleets.
• Legal and Coordination: Supporting the Office of the Principal Legal Advisor and expanding 287(g) agreements with state and local authorities.
• General Support: Mission support expenses, including awards and operations maintenance.
• Arrests of Covered Unlawful Aliens: At least $350,000,000 for expenses related to detainer management, custodial transfer, release monitoring, transportation, and arrests of "covered unlawful aliens" in jurisdictions that are not "qualified cooperating jurisdictions." The text notes that Indian tribal governments will not be treated as non-cooperating jurisdictions.

Restrictions and Definitions

• Use of Funds: Money used for arresting covered unlawful aliens cannot be used to release, parole, or facilitate the release of those aliens into the community, unless required by existing law.
• Covered Unlawful Alien: This refers to adult aliens who meet specific criteria regarding inadmissibility, deportability, criminal offenses (other than minor traffic offenses), or those subject to specific immigration detainers and notices.
• Qualified Cooperating Jurisdiction: A State or political subdivision that has a written 287(g) agreement or has certified compliance with specific sections of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Detainee Services

The amendment also appropriates $50,000,000 for fiscal year 2026, available until September 30, 2029, to improve standards of care in detention facilities. This includes access to:

• Medical care
• Disability accommodations
• Adequate nutrition
• Legal and translation services