This bill would require the Department of Homeland Security (DHS) to take custody of certain non-U.S. nationals who are involved in assaulting a police officer, firefighter, or other first responder, if they also meet specific inadmissibility rules under immigration law. It shifts this duty from the Department of Justice to DHS. It also says DHS must take custody quickly if the person isn’t already being held by other officials.

The assault must be while the officer or responder is on duty, because of their duties, or because of their status. “Assault” follows the definition used where the incident happened, and “law enforcement officer” also includes firefighters and other first responders.

• Who is affected: Non-U.S. nationals who meet certain inadmissibility rules and are arrested for, charged with, convicted of, or admit to assaulting an officer, firefighter, or other first responder.
• What changes: DHS, not the Department of Justice, must take custody, and do so quickly if the person isn’t already detained.
• When it applies: When the assault is tied to the victim’s official duties or status, and once the person is arrested, charged, convicted, or admits to the assault.