Christopher Murphy (D-CT)

S.Amdt. 56

S.Amdt. 56 · Senate amendment

A Democratic amendment with 4 Democratic cosponsors · See all 5 cosponsors

Changes S. 5 — Laken Riley Act

Not adopted

This amendment was never taken up, and the bill finished without it. It was never voted on.

Its path through Congress

  1. Introduced
  2. Pending Consideration
  3. Failed

What this amendment would do

This amendment would add a new section to the Immigration and Nationality Act regarding the authorization of federal courts to issue arrest warrants.

  • It allows a magistrate judge, which is a federal judicial officer, to issue a warrant to seize an alien if there is probable cause to believe the individual is removable and has been charged with or convicted of a felony, a crime of violence, or is a threat to national security.

  • The amendment permits a magistrate judge to order a state or local jurisdiction to transfer an alien to federal custody, notify the federal government of an impending release, or hold the alien for up to 48 hours to facilitate a transfer.

  • These orders can be issued at the same time as the arrest warrant if there is reliable evidence that a state or local jurisdiction is unlikely to assist in carrying out the warrant.

  • The process for obtaining a warrant may be conducted ex parte, meaning the legal proceedings can occur without all parties being present.

  • A magistrate judge may issue a warrant based on information provided through a telephone call or other reliable electronic means.