State Partnerships to Enhance Removal of Criminal Aliens Act
Sponsored By: Representative Schmidt
Introduced
Summary
State attorneys can serve as Department of Homeland Security counsel in certain immigration removal proceedings. Under written agreements with DHS and the Attorney General, licensed state lawyers may represent DHS in defined removal cases at the State's expense while following federal law and DHS supervision.
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- States can sign agreements that let licensed state attorneys perform specific Office of the Principal Legal Advisor functions. Agreements must name duties, duration, and supervision, require training and certification, allow use of Federal facilities as agreed, and the State pays the costs.
- People in removal proceedings who are held in correctional facilities covered by an agreement or whose cases involve state-law violations that affect admissibility or deportability may face DHS representation by state attorneys in those hearings.
- State attorneys act under the Secretary of Homeland Security's direction and are treated as acting under federal authority for liability and immunity. They are not federal employees for most purposes but are covered for injury compensation and certain tort claims, and may not displace Federal staff.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 1 costs, 1 mixed.
More crimes count as aggravated felonies
If enacted, the bill would expand what counts as an "aggravated felony." It would add many violent, property, drug, firearms, document‑fraud, and international crimes, and would include related attempts, conspiracies, and aiding or abetting. Some new items would count only if the sentence was at least one year. The bill would also make aggravated felonies a new ground of inadmissibility, broaden the "particularly serious crime" rule (including treating aggravated felonies as particularly serious), and make these changes apply to past and pending offenses and removal cases.
States can supply lawyers for DHS
If enacted, the bill would let the Homeland Security Secretary, with the Attorney General, sign written agreements with States to let State licensed attorneys perform certain DHS counsel functions in removal proceedings. Service would be at the State's expense, require written certification of training, and be done under DHS direction and supervision. State attorneys would generally not become Federal employees for most purposes, but would be treated as acting under Federal authority for liability. Agreements could only cover specified removal proceedings and must not be used to displace Federal employees.
Sponsors & CoSponsors
Sponsor
Schmidt
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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