[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2717 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 602
110th CONGRESS
  2d Session
                                S. 2717

  To provide for enhanced Federal enforcement of, and State and local 
 assistance in the enforcement of, the immigration laws of the United 
                    States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2008

 Mr. Chambliss (for himself and Mr. Isakson) introduced the following 
                  bill; which was read the first time

                             March 6, 2008

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
  To provide for enhanced Federal enforcement of, and State and local 
 assistance in the enforcement of, the immigration laws of the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Effective Immigration Enforcement 
Partnerships Act of 2008''.

SEC. 2. STATE DEFINED.

    In this Act, the term ``State'' has the meaning given the term in 
section 101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(36)).

SEC. 3. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES 
              AND POLITICAL SUBDIVISIONS OF STATES.

    Notwithstanding any other provision of law and reaffirming the 
existing inherent authority of States, law enforcement personnel of a 
State or a political subdivision of a State have the inherent authority 
of a sovereign entity to investigate, identify, apprehend, arrest, 
detain, or transfer to Federal custody aliens in the United States 
(including the transportation of such aliens across State lines to 
detention centers), for the purpose of assisting in the enforcement of 
the immigration laws of the United States in the normal course of 
carrying out their law enforcement duties. This State authority has 
never been displaced or preempted by Federal law.

SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Commissioner, United States 
        Customs and Border Protection shall provide the National Crime 
        Information Center of the Department of Justice with any 
        information in the possession of the Commissioner that is 
        related to--
                    (A) any alien against whom a final order of removal 
                has been issued;
                    (B) any alien who is subject to a voluntary 
                departure agreement;
                    (C) any alien who has remained in the United States 
                beyond the alien's authorized period of stay; and
                    (D) any alien whose visa has been revoked.
            (2) Requirement to provide and use information.--The 
        information described in paragraph (1) shall be provided to the 
        National Crime Information Center, and the Center shall enter 
        the information into the Immigration Violators File of the 
        National Crime Information Center database, regardless of 
        whether--
                    (A) the alien received notice of a final order of 
                removal;
                    (B) the alien has already been removed; or
                    (C) sufficient identifying information is available 
                for the alien, such as a physical description of the 
                alien.
    (b) Inclusion of Information in the NCIC Database.--Section 534(a) 
of title 28, United States Code, is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether the alien has received notice of the 
        violation, sufficient identifying information is available for 
        the alien, or the alien has already been removed; and.''.
    (c) Permission To Depart Voluntarily.--Section 240B of the 
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in subsection (a)(2)(A), by striking ``120'' and 
        inserting ``30''.

SEC. 5. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL 
              LAW ENFORCEMENT.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by inserting after section 240C the 
following:

``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY.

    ``(a) In General.--If the head of a law enforcement entity of a 
State (or, if appropriate, a political subdivision of the State) 
exercising authority with respect to the apprehension or arrest of an 
illegal alien, submits a request to the Secretary of Homeland Security 
that the alien be taken into Federal custody, the Secretary shall--
            ``(1)(A) not later than 72 hours after the conclusion of 
        the State charging process or dismissal process, or if no State 
        charging or dismissal process is required, not later than 72 
        hours after the illegal alien is apprehended, take the illegal 
        alien into the custody of the Federal Government and 
        incarcerate the alien; or
            ``(B) request that the relevant State or local law 
        enforcement agency temporarily detain or transport the illegal 
        alien to a location for transfer to Federal custody; and
            ``(2) designate at least 1 Federal, State, or local prison 
        or jail or a private contracted prison or detention facility 
        within each State as the central facility for law enforcement 
        entities of that State to transfer custody of criminal or 
        illegal aliens to the Department of Homeland Security.
    ``(b) Reimbursement.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        reimburse a State or a political subdivision of a State for all 
        reasonable expenses, as determined by the Secretary, incurred 
        by the State or political subdivision in the detention and 
        transportation of a criminal or illegal alien under subsection 
        (a)(1).
            ``(2) Cost computation.--The amount reimbursed for costs 
        incurred under subsection (a)(1) shall be equal to the sum of--
                    ``(A) the product of--
                            ``(i) the average cost of incarceration of 
                        a prisoner in the relevant State, as determined 
                        by the chief executive officer of a State (or, 
                        as appropriate, a political subdivision of the 
                        State); and
                            ``(ii) the number of days that the alien 
                        was in the custody of the State or political 
                        subdivision; and
                    ``(B) the cost of transporting the criminal or 
                illegal alien from the point of apprehension or arrest 
                to--
                            ``(i) the location of detention; and
                            ``(ii) if the location of detention and of 
                        custody transfer are different, to the custody 
                        transfer point.
    ``(c) Requirement for Appropriate Security.--The Secretary of 
Homeland Security shall ensure that illegal aliens incarcerated in 
Federal facilities under this subsection are held in facilities which 
provide an appropriate level of security.
    ``(d) Requirement for Schedule.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall establish a regular 
        circuit and schedule for the prompt transfer of apprehended 
        illegal aliens from the custody of States and political 
        subdivisions of States to Federal custody.
            ``(2) Authority for contracts.--The Secretary of Homeland 
        Security may enter into contracts with appropriate State and 
        local law enforcement and detention officials to implement this 
        subsection.
    ``(e) Illegal Alien Defined.--In this section, the term `illegal 
alien' means an alien who--
            ``(1) entered the United States without inspection or at 
        any time or place other than that designated by the Secretary 
        of Homeland Security;
            ``(2) was admitted as a nonimmigrant and, at the time the 
        alien was taken into custody by the State or political 
        subdivision, had failed to--
                    ``(A) maintain the nonimmigrant status in which the 
                alien was admitted or to which it was changed under 
                section 248; or
                    ``(B) comply with the conditions of the status 
                described in subparagraph (A);
            ``(3) was admitted as an immigrant and subsequently failed 
        to comply with the requirements of that status; or
            ``(4) failed to depart the United States as required under 
        a voluntary departure agreement or under a final order of 
        removal.''.
    (b) Authorization of Appropriations for the Detention and 
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There is authorized to be appropriated $500,000,000 for the detention 
and removal of aliens not lawfully present in the United States under 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal 
year 2009 and for each subsequent fiscal year.

SEC. 6. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW 
              ENFORCEMENT PERSONNEL.

    (a) Training Manual and Pocket Guide.--
            (1) Publication.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall publish--
                    (A) a training manual for State and local law 
                enforcement personnel to train such personnel in the 
                investigation, identification, apprehension, arrest, 
                detention, and transfer to Federal custody of aliens in 
                the United States, including--
                            (i) the transportation of such aliens 
                        across State lines to detention centers; and
                            (ii) the identification of fraudulent 
                        documents; and
                    (B) an immigration enforcement pocket guide for 
                State and local law enforcement personnel to provide a 
                quick reference for such personnel in the course of 
                duty.
            (2) Availability.--The training manual and pocket guide 
        published under paragraph (1) shall be made available to all 
        State and local law enforcement personnel.
            (3) Applicability.--Nothing in this subsection may be 
        construed to require State or local law enforcement personnel 
        to keep the training manual or pocket guide with them while on 
        duty.
            (4) Costs.--The Secretary shall be responsible for all 
        costs incurred in the publication of the training manual and 
        pocket guide under this subsection.
    (b) Training Flexibility.--
            (1) In general.--The Secretary of Homeland Security shall 
        make available training of State and local law enforcement 
        officers through as many means as possible, including--
                    (A) residential training at--
                            (i) the Federal Law Enforcement Training 
                        Center of the Department of Homeland Security 
                        in Glynco, Georgia; and
                            (ii) the Center for Domestic Preparedness 
                        of the Department of Homeland Security;
                    (B) onsite training held at State or local police 
                agencies or facilities;
                    (C) online training courses by computer, 
                teleconferencing, and videotape; and
                    (D) recording training courses on DVD.
            (2) Online training.--The head of the Distributed Learning 
        Program of the Federal Law Enforcement Training Center shall 
        make training available for State and local law enforcement 
        personnel via the Internet through a secure, encrypted 
        distributed learning system that--
                    (A) has all its servers based in the United States;
                    (B) is sealable and survivable; and
                    (C) is capable of having a portal in place not 
                later than 30 days after the date of the enactment of 
                this Act.
            (3) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section may not 
        displace the training of Federal personnel.
    (c) Clarification.--Nothing in this Act or in any other provision 
of law may be construed as making any immigration-related training a 
requirement for, or a prerequisite to, any State or local law 
enforcement officer exercising the inherent authority of the officer to 
investigate, identify, apprehend, arrest, detain, or transfer to 
Federal custody illegal aliens during the normal course of carrying out 
the law enforcement duties of the officer.
    (d) Training Limitation.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (2), by adding at the end the following: 
        ``Such training may not exceed 14 days or 80 hours, whichever 
        is longer.''.

SEC. 7. IMMUNITY.

    (a) Personal Immunity.--
            (1) In general.--Notwithstanding any other provision of 
        law, a law enforcement officer of a State or of a political 
        subdivision of a State, shall be immune from personal liability 
        arising out of the enforcement of any immigration law to the 
        same extent as a Federal law enforcement officer.
            (2) Applicability.--The immunity provided under paragraph 
        (1) only applies to an officer of a State, or of a political 
        subdivision of a State, who is acting within the scope of the 
        officer's official duties.
    (b) Agency Immunity.--Notwithstanding any other provision of law, a 
law enforcement agency of a State, or of a political subdivision of a 
State, shall be immune from any claim for money damages based on 
Federal, State, or local civil rights law for an incident arising out 
of the enforcement of any immigration law, except to the extent that 
the law enforcement officer of that agency, whose action the claim 
involves, committed a violation of Federal, State, or local criminal 
law in the course of enforcing such immigration law.

SEC. 8. CRIMINAL ALIEN PROGRAM.

    (a) Continuation.--
            (1) In general.--The Secretary of Homeland Security shall 
        continue to operate the program commonly known as the Criminal 
        Alien Program by--
                    (A) identifying all removable criminal aliens in 
                Federal and State correctional facilities;
                    (B) ensuring that aliens identified under 
                subparagraph (A) are not released into the United 
                States; and
                    (C) removing aliens identified under subparagraph 
                (A) from the United States after the completion of 
                their sentences.
            (2) Expansion.--Not later than 9 months after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall expand the Criminal Alien Program to all States.
            (3) State responsibilities.--Appropriate officials of each 
        State that receives Federal funds for the incarceration of 
        criminal aliens shall--
                    (A) cooperate with the Federal officials who carry 
                out the Criminal Alien Program;
                    (B) expeditiously and systematically identify 
                criminal aliens in the State's prison and jail 
                populations; and
                    (C) promptly convey information regarding such 
                aliens to the Federal officials who carry out the 
                Criminal Alien Program as a condition for receiving 
                such Federal funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--State and local law enforcement officers are 
authorized to--
            (1) hold an illegal alien for a period not to exceed 14 
        days after the alien has completed the alien's State prison 
        sentence in order to effectuate the transfer of the alien to 
        Federal custody when the alien is removable or not lawfully 
        present in the United States; and
            (2) issue a detainer that would allow aliens who have 
        served a State prison sentence to be detained by the State 
        prison until personnel from United States Immigration and 
        Customs Enforcement take the alien into custody.
    (c) Technology Usage.--
            (1) In general.--The Secretary of Homeland Security shall 
        use available technology, including videoconferencing, to the 
        maximum extent possible, in order to make the Criminal Alien 
        Program available in remote locations.
            (2) Mobile access.--Mobile access to Federal databases of 
        aliens, such as the IDENT database maintained by the Secretary 
        of Homeland Security, and live scan technology shall be used to 
        the maximum extent practicable in order to make these resources 
        available to State and local law enforcement agencies in remote 
        locations.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the Criminal Alien Program--
            (1) $40,000,000 for fiscal year 2009;
            (2) $50,000,000 for fiscal year 2010;
            (3) $60,000,000 for fiscal year 2011;
            (4) $70,000,000 for fiscal year 2012; and
            (5) $80,000,000 for fiscal year 2013 and each succeeding 
        fiscal year.

SEC. 9. CONSTRUCTION.

    Nothing in this Act may be construed to require State or local law 
enforcement personnel to--
            (1) report the identity of a victim of, or a witness to, a 
        criminal offense to the Secretary of Homeland Security for 
        immigration enforcement purposes;
            (2) arrest such victim or witness for a violation of the 
        immigration laws of the United States; or
            (3) enforce the immigration laws of the United States.
                                                       Calendar No. 602

110th CONGRESS

  2d Session

                                S. 2717

_______________________________________________________________________

                                 A BILL

  To provide for enhanced Federal enforcement of, and State and local 
 assistance in the enforcement of, the immigration laws of the United 
                    States, and for other purposes.

_______________________________________________________________________

                             March 6, 2008

            Read the second time and placed on the calendar