Short title

This Act may be cited as the

Effective Immigration Enforcement Partnerships Act of 2008

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)).

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.

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who has remained in the United States beyond the alien’s authorized period of stay; and (D)any alien whose visa has been revoked.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.

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:

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.

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..

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.

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.

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.