[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3881 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 3881

  To provide for enhanced Federal, State, and local assistance in the 
   enforcement of the immigration laws, to amend the Immigration and 
  Nationality Act, to authorize appropriations to carry out the State 
       Criminal Alien Assistance Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2024

Mrs. Blackburn introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for enhanced Federal, State, and local assistance in the 
   enforcement of the immigration laws, to amend the Immigration and 
  Nationality Act, to authorize appropriations to carry out the State 
       Criminal Alien Assistance Program, 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 TITLES; TABLE OF CONTENTS; STATE DEFINED; 
              SEVERABILITY.

    (a) Short Titles.--This Act may be cited as the ``Clear Law 
Enforcement for criminal Alien Removal Act of 2024'' or the ``CLEAR Act 
of 2024''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short titles; table of contents; State defined; severability.
Sec. 2. Definitions.
Sec. 3. Federal affirmation of assistance in the immigration law 
                            enforcement by States and political 
                            subdivisions of States.
Sec. 4. State authorization for assistance in the enforcement of 
                            immigration laws encouraged.
Sec. 5. Listing of immigration violators in the National Crime 
                            Information Center database.
Sec. 6. State and local law enforcement provision of information about 
                            apprehended aliens.
Sec. 7. Financial assistance to State and local law enforcement 
                            agencies that assist in the enforcement of 
                            immigration laws.
Sec. 8. Increased Federal detention space.
Sec. 9. Federal custody of aliens unlawfully present in the United 
                            States apprehended by State or local law 
                            enforcement.
Sec. 10. Training of State and local law enforcement personnel relating 
                            to the enforcement of immigration laws.
Sec. 11. Immunity.
Sec. 12. Institutional Removal Program.
Sec. 13. Authorization of appropriations.
Sec. 14. Severability.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (2) State.--The term ``State'' has the meaning given such 
        term in section 101(a)(36) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(36)).

SEC. 3. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 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 of 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 purposes of assisting in the enforcement 
of the immigration laws of the United States in the course of carrying 
out routine duties. This State authority has never been displaced or 
preempted by Congress.

SEC. 4. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF 
              IMMIGRATION LAWS ENCOURAGED.

    (a) In General.--Beginning on the date that is 1 year after the 
date of the enactment of this Act, a State, or a political subdivision 
of a State, that has in effect a statute, policy, or practice that 
prohibits law enforcement officers of the State, or of a political 
subdivision of the State, from assisting or cooperating with Federal 
immigration law enforcement in the course of carrying out the officers' 
routine law enforcement duties may not receive any of the funds that 
would otherwise be allocated to the State under section 241(i) of the 
Immigration and Nationality Act (8 U.S.C. 1231(i)).
    (b) Rule of Construction.--Nothing in this section may be construed 
to require law enforcement officials from States, or from political 
subdivisions of States, to report or arrest victims or witnesses of a 
criminal offense.
    (c) Reallocation of Funds.--Any funds that are not allocated to a 
State, or to a political subdivision of a State, due to the failure of 
such State, or of the political subdivision of such State, to comply 
with subsection (a) shall be reallocated to States, or to political 
subdivisions of States, that comply with such subsection.

SEC. 5. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the National Crime Information 
Center.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act and periodically thereafter as 
        updates may require, the Commissioner for U.S. Customs and 
        Border Protection shall provide the National Crime Information 
        Center of the Department of Justice with such information as 
        the Commissioner may possess regarding any aliens--
                    (A) against whom a final order of removal has been 
                issued;
                    (B) who have signed a voluntary departure 
                agreement;
                    (C) who have overstayed their authorized period of 
                stay; or
                    (D) whose visas have been revoked.
            (2) Immigration violators file.--The National Crime 
        Information Center shall enter all of the information received 
        pursuant to paragraph (1) into the Immigration Violators File 
        regardless of whether--
                    (A) the alien concerned received notice of a final 
                order of removal;
                    (B) the alien concerned has already been removed; 
                or
                    (C) sufficient identifying information is available 
                with respect to the alien concerned.
    (b) Inclusion of Information in the NCIC Index.--
            (1) In general.--Section 534(a) of title 28, United States 
        Code, is amended--
                    (A) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations by aliens of the immigration laws of the United 
        States, regardless of whether--
                    ``(A) any such alien has received notice of any 
                such violation;
                    ``(B) sufficient identifying information is 
                available with respect to any such alien; and
                    ``(C) any such alien has already been removed from 
                the United States;''.
            (2) Effective date.--The Attorney General shall implement 
        the amendment made by paragraph (1) not later than 6 months 
        after the date of the enactment of this Act.

SEC. 6. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION ABOUT 
              APPREHENDED ALIENS.

    (a) Provision of Information.--In compliance with section 642(a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373(a)) and section 434 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each 
State, and each political subdivision of a State, shall submit to the 
Secretary, in a timely manner, the information specified in subsection 
(b) with respect to each alien apprehended in the jurisdiction of the 
State, or of a political subdivision of the State, who is believed to 
be in violation of the immigration laws of the United States.
    (b) Information Required.--The information specified in this 
subsection is--
            (1) the alien's name;
            (2) the alien's address or place of residence;
            (3) a physical description of the alien;
            (4) the date, time, and location of the encounter with the 
        alien and reason for stopping, detaining, apprehending, or 
        arresting the alien;
            (5) if applicable--
                    (A) the alien's driver's license number and the 
                State of issuance of such license;
                    (B) the type of any other identification document 
                issued to the alien, the designation number contained 
                on the identification document, and the issuing entity 
                for the identification document; and
                    (C) the license plate number, make, and model of 
                any automobile registered to, or driven by, the alien; 
                and
            (6) if available or readily obtainable--
                    (A) a photo of the alien; and
                    (B) the alien's fingerprints.
    (c) Annual Report.--The Secretary shall annually submit to Congress 
a detailed report listing the States, and the political subdivisions of 
States, that provided information pursuant to subsection (a) with 
respect to the preceding year.
    (d) Reimbursement.--The Secretary shall reimburse States, and 
political subdivisions of a State, for all reasonable costs, as 
determined by the Secretary, incurred by each State, and each political 
subdivision of a State, as a result of submitting the information 
required to be submitted pursuant to subsection (a).
    (e) Rule of Construction.--Nothing in this section may be construed 
to require law enforcement officials of a State, or of a political 
subdivision of a State, to submit to the Secretary information related 
to a victim of a crime or witness to a criminal offense.

SEC. 7. FINANCIAL ASSISTANCE TO STATE AND LOCAL LAW ENFORCEMENT 
              AGENCIES THAT ASSIST IN THE ENFORCEMENT OF IMMIGRATION 
              LAWS.

    (a) Grants for Special Equipment for Housing and Processing Certain 
Aliens.--The Secretary shall award grants to States and political 
subdivisions of States for the procurement of equipment, technology, 
facilities, and other products that facilitate and are directly related 
to investigating, apprehending, arresting, detaining, or transporting 
aliens who have violated the immigration laws of the United States, 
including additional administrative costs incurred to comply with the 
requirements under this Act.
    (b) Eligibility.--A State or political subdivision of a State 
desiring a grant under this section shall have the authority to assist, 
and shall have a written policy and practice of assisting, in the 
enforcement of the immigration laws of the United States in the course 
of carrying out the routine law enforcement duties of such State or 
political subdivision. Entities covered under this section may not have 
any policy or practice that prevents local law enforcement from 
inquiring about a suspect's immigration status.
    (c) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of funds distributed to States and political 
subdivisions of a State pursuant to subsection (a).

SEC. 8. INCREASED FEDERAL DETENTION SPACE.

    (a) Construction or Acquisition of Detention Facilities.--
            (1) In general.--The Secretary shall construct or acquire, 
        in addition to existing facilities for the detention of aliens, 
        20 detention facilities in the United States, for aliens 
        detained pending removal from the United States or a decision 
        regarding such removal. Each facility shall have a sufficient 
        number of beds necessary to effectuate the purposes of this 
        Act.
            (2) Determinations.--The location of any detention facility 
        built or acquired pursuant to this subsection shall be 
        determined by the Assistant Director of the Custody Management 
        Division of the Enforcement and Removal Directorate.
    (b) Technical and Conforming Amendment.--Section 241(g)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by 
striking ``may expend'' and inserting ``shall expend''.

SEC. 9. FEDERAL CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED 
              STATES APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT.

    (a) State Apprehension.--
            (1) In general.--Chapter 4 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1221 et seq.) is amended by 
        inserting after section 240C the following:

``SEC. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.

    ``(a) Defined Term.--In this section, the term `alien who is 
unlawfully present in the United States' means an alien who--
            ``(1) entered the United States without inspection or at 
        any time, manner, or place not designated by the Secretary of 
        Homeland Security;
            ``(2) was admitted as a nonimmigrant and who, at the time 
        the alien was taken into custody by the State, or a political 
        subdivision of the State, failed--
                    ``(A) to maintain the nonimmigrant status in which 
                the alien was admitted or to which it was changed 
                pursuant to section 248; or
                    ``(B) to comply with the conditions of any such 
                status;
            ``(3) was admitted as an immigrant and subsequently failed 
        to comply with the requirements of such status; or
            ``(4) failed to depart the United States under a voluntary 
        departure agreement or under a final order of removal.
    ``(b) Transfer of Custody by State and Local Officials.--If a 
State, or a political subdivision of the State, exercising authority 
with respect to the apprehension or arrest of an alien who is 
unlawfully present in the United States, submits to the Secretary of 
Homeland Security a request that such alien be taken into Federal 
custody, the Secretary--
            ``(1) not later than 48 hours after the conclusion of the 
        State, or the political subdivision of a State, charging 
        process or dismissal process, or if no State or political 
        subdivision charging or dismissal process is required, not 
        later than 48 hours after the alien is apprehended, shall take 
        the alien into the custody of the Federal Government and 
        incarcerate the alien; or
            ``(2) shall request that the relevant State or local law 
        enforcement agency temporarily incarcerate or transport the 
        alien for transfer to Federal custody.
    ``(c) Policy on Detention in State and Local Detention 
Facilities.--In carrying out section 241(g)(1), the Attorney General or 
the Secretary of Homeland Security shall ensure that an alien arrested 
pursuant to this Act is detained, pending the alien being taken for an 
examination under this section, in a State or local prison, jail, 
detention center, or other comparable facility. Notwithstanding any 
other provision of law or regulation, such a facility is adequate for 
detention if--
            ``(1) the facility is the most suitably located Federal, 
        State, or local facility available for such purpose under the 
        circumstances;
            ``(2) an appropriate arrangement for such use of the 
        facility can be made; and
            ``(3) the facility satisfies the standards for the housing, 
        care, and security of persons held in custody of a United 
        States marshal.
    ``(d) Reimbursement.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        reimburse States and political subdivisions of a State for all 
        reasonable expenses, as determined by the Secretary, incurred 
        by the State, or political subdivision as a result of the 
        incarceration and transportation of an alien who is unlawfully 
        present in the United States.
            ``(2) Calculation.--Compensation provided pursuant to 
        paragraph (1) shall be equal to the sum of--
                    ``(A) the average cost of incarceration of a 
                prisoner in the relevant State for the period the alien 
                was incarcerated, as determined by the chief executive 
                officer of a State, or of a political subdivision of a 
                State; and
                    ``(B) the cost of transporting the alien from the 
                point of apprehension to the place of detention, and to 
                the custody transfer point if the place of detention 
                and the place of custody are different.
    ``(e) Secure Facilities.--The Secretary of Homeland Security shall 
ensure that aliens incarcerated in Federal facilities pursuant to this 
section are held in facilities that provide an appropriate level of 
security.
    ``(f) Transfer.--
            ``(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 
        aliens from the custody of States and political subdivisions of 
        a State to Federal custody.
            ``(2) Contracts.--The Secretary of Homeland Security may 
        enter into contracts, including appropriate private contracts, 
        to implement this subsection.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 240C 
        the following:

``Sec. 240D. Custody of aliens unlawfully present in the United 
                            States.''.
    (b) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of compensation to States and political 
subdivisions of a State for the incarceration of aliens unlawfully 
present in the United States under section 240D of the Immigration and 
Nationality Act, as added by subsection (a)(1).

SEC. 10. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL RELATING 
              TO THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Establishment of Training Manual and Pocket Guide.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary shall develop--
            (1) a manual to train law enforcement personnel of a State, 
        or of a political subdivision of a State, on the investigation, 
        identification, apprehension, arrest, detention, and transfer 
        to Federal custody of aliens unlawfully present in the United 
        States (including the transportation of such aliens across 
        State lines to detention centers and the identification of 
        fraudulent documents); and
            (2) an immigration enforcement pocket guide for law 
        enforcement personnel of a State, or of a political subdivision 
        of a State, to provide a quick reference for such personnel in 
        the course of carrying out their duties.
    (b) Availability.--The training manual and pocket guide developed 
pursuant to subsection (a) shall be made available to all State and 
local law enforcement personnel.
    (c) Costs.--The Secretary shall be responsible for any costs 
incurred in developing the training manual and pocket guide pursuant to 
subsection (a).
    (d) Rule of Construction.--Nothing in this section may be construed 
to require State or local law enforcement personnel to carry the 
training manual or pocket guide with them while on duty.
    (e) Training Flexibility.--
            (1) In general.--The Secretary shall make training of State 
        and local law enforcement officers available through as many 
        means as possible, including through--
                    (A) residential training at the Center for Domestic 
                Preparedness of the Federal Emergency Management 
                Agency;
                    (B) onsite training held at State or local police 
                agencies or facilities;
                    (C) online training courses by computer, 
                teleconferencing, and videotape; or
                    (D) training courses made available on DVD.
            (2) E-learning.--Not later than 120 days after the date of 
        the enactment of this Act, the Secretary shall ensure that--
                    (A) an e-learning portal is made available through 
                the Federal Law Enforcement Training Center's 
                Distributed Learning Program to train State and local 
                law enforcement officers through a secure, encrypted 
                distributed learning system; and
                    (B) the system described in subparagraph (A) is 
                scalable and survivable and has all its servers based 
                in the United States.
            (3) Priority.--In carrying out this section, priority 
        funding shall be given for existing web-based immigration 
        enforcement training systems.
            (4) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace the training of Federal personnel.
            (5) Savings provision.--Nothing in this Act or in any other 
        provision of law may be construed as making any immigration-
        related training a requirement for, or prerequisite to, any 
        State or local law enforcement officer assisting in the 
        enforcement of Federal immigration laws in the normal course of 
        carrying out the law enforcement duties of such officers.

SEC. 11. IMMUNITY.

    (a) Personal Immunity.--Notwithstanding any other provision of law, 
a law enforcement officer of a State or local law enforcement agency 
who is acting within the scope of the officer's official duties shall 
be immune, to the same extent as a Federal law enforcement officer, 
from personal liability arising out of the performance of any duty 
described in this Act.
    (b) Agency Immunity.--Notwithstanding any other provision of law, a 
State or local law enforcement agency 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 Federal 
immigration law, except to the extent a law enforcement officer of such 
agency committed a violation of Federal, State, or local criminal law 
in the course of enforcing such immigration law.

SEC. 12. INSTITUTIONAL REMOVAL PROGRAM.

    (a) Continuation and Expansion.--
            (1) In general.--The Secretary shall continue to operate 
        and implement the program known as the Institutional Removal 
        Program, which--
                    (A) identifies removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensures such aliens are not released into the 
                community; and
                    (C) removes such aliens from the United States 
                after the completion of their respective sentences.
            (2) Expansion.--The Institutional Removal Program shall be 
        extended to all States. Any State that receives Federal funds 
        for the incarceration of criminal aliens shall--
                    (A) cooperate with officials of the Institutional 
                Removal Program;
                    (B) expeditiously and systematically identify all 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey such information to officials 
                of the Institutional Removal Program as a condition of 
                receiving such Federal funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State, or of a 
political subdivision of a State, may--
            (1) hold a criminal alien for a period of up to 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; or
            (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 U.S. Immigration and Customs 
        Enforcement can take such alien into custody.
    (c) Technology Usage.--Technology, such as video conferencing, 
shall be used to the maximum extent practicable to make the 
Institutional Removal Program available in remote locations. Mobile 
access to Federal databases of aliens, such as IDENT, and live scan 
technology shall be used, to the maximum extent practicable, to make 
such resources available to State and local law enforcement agencies in 
remote locations.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Department of Homeland Security, for fiscal year 2025 and for each 
subsequent fiscal year, such sums as may be necessary to carry out this 
Act.
    (b) State Criminal Alien Assistance Program.--Section 241(i)(5) of 
the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)) is amended to 
read as follows:
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection such 
        sums as may be necessary for fiscal year 2025 and for each 
        subsequent fiscal year.''.

SEC. 14. SEVERABILITY.

    If any provision of this Act or of any amendment made by this Act, 
or the application of such provision or amendment to any person or 
circumstance, is held to be invalid, the remainder of the provisions of 
this Act and of the amendments made by this Act, and the application of 
any such provision or amendment to other persons not similarly situated 
or to other circumstances, shall not be affected.
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