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HR7664119th Congress

State Partnerships to Enhance Removal of Criminal Aliens Act

Sponsored By: Representative Schmidt, Derek [R-KS-2]

Introduced

Summary

State attorneys performing DHS counsel functions in certain immigration removal hearings would be authorized through written agreements with the Secretary of Homeland Security, and the bill would also expand which offenses count as aggravated felonies for immigration purposes.

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  • States: Would allow a State to sign a written agreement so a licensed State attorney can represent DHS in specific removal proceedings. The agreement must put the cost on the State, require training and adherence to Federal law, define duties and duration, and keep the attorney under DHS supervision.
  • Noncitizens in removal proceedings: Would broaden the set of crimes that qualify as aggravated felonies and tighten related inadmissibility and conforming rules, which can increase who is deportable or barred from relief or admission.
  • Federal workforce and liability: Bars using this authority to displace Federal employees and treats State officers as non-Federal for most purposes while recognizing limited Federal-employee liability protections and operation under Federal direction.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Broader aggravated-felony rules

If enacted, the bill would expand the list of crimes treated as "aggravated felonies" for immigration law. It would add many drug, firearms, violent, sexual-exploitation, war-crime, torture, and genocide offenses, and would include attempts, conspiracies, and aiding or abetting. The bill would remove the old 5-year aggregate sentence test and say an aggravated-felony conviction is a "particularly serious crime" for asylum and withholding bars. These changes would apply to offenses and removal cases committed or started before, on, or after enactment.

States can supply lawyers to DHS

If enacted, the bill would authorize the Secretary of Homeland Security, with the Attorney General, to make written agreements letting qualified, licensed state attorneys perform certain DHS removal-attorney functions. Agreements would require training, adherence to federal law, DHS supervision, and that the State pay the attorney. State attorneys would generally not become federal employees, could not displace federal staff, and would be treated as acting under federal authority for liability rules. This would take effect upon enactment.

Sponsors & CoSponsors

Sponsor

Schmidt, Derek [R-KS-2]

KS • R

Cosponsors

  • Rep. Moore, Barry [R-AL-1]

    AL • R

    Sponsored 5/7/2026

Roll Call Votes

No roll call votes available for this bill.

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