[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S715-S718]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1529. Mr. TUBERVILLE submitted an amendment intended to be 
proposed to amendment SA 1388 submitted by Mrs. Murray (for herself and 
Mr. Schumer) and intended to be proposed to the bill H.R. 815, to amend 
title 38, United States Code, to make certain improvements relating to 
the eligibility of veterans to receive reimbursement for emergency 
treatment furnished through the Veterans Community Care program, and 
for other purposes; which was ordered to lie on the table; as follows:

        At the end of division B, add the following:

                  TITLE V--EMPOWERING LAW ENFORCEMENT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Empowering Law Enforcement 
     Act of 2024''.

     SEC. 502. DEFINED TERM.

       In this title, 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. 503. 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. 504. 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, the Secretary of Homeland Security 
     shall submit to the National Crime Information Center of the 
     Department of Justice (referred to in this section as the 
     ``NCIC'') any information in the possession of the Secretary 
     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 NCIC 
     shall enter the information submitted pursuant to paragraph 
     (1) into the Immigration Violators File of the NCIC 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 About Immigration Law 
     Violations in the NCIC Database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) 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.''.

[[Page S716]]

       (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 such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) in subsection (a)(2)(A), by striking ``120 days'' and 
     inserting ``30 days''.

     SEC. 505. 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) Defined Term.--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) after entering the United States with inspection at a 
     time and place designated by the Secretary of Homeland 
     Security, was granted parole into the United States;
       ``(3) was admitted as a nonimmigrant and, at the time the 
     alien was taken into custody by the State or political 
     subdivision, had failed--
       ``(A) to maintain the nonimmigrant status in which the 
     alien was admitted or to which it was changed under section 
     248; or
       ``(B) to comply with the conditions of the status described 
     in subparagraph (A);
       ``(4) was admitted as an immigrant and subsequently failed 
     to comply with the requirements of such status; or
       ``(5) failed to depart the United States as required under 
     a voluntary departure agreement or under a final order of 
     removal.
       ``(b) In General.--If a member 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 48 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 48 hours after the alien is apprehended), take the 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 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 such State to transfer custody of criminal or 
     illegal aliens to the Department of Homeland Security.
       ``(c) 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 (b)(1).
       ``(2) Cost computation.--The amount reimbursed for costs 
     incurred in the detention and transportation of a criminal or 
     illegal alien under subsection (b)(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 the 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.
       ``(d) Requirement for Appropriate Security.--The Secretary 
     of Homeland Security shall ensure that illegal aliens 
     incarcerated in Federal facilities under this section are 
     held in facilities that provide an appropriate level of 
     security.
       ``(e) Schedule Requirement.--
       ``(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 section.''.
       (b) Clerical Amendment.--The table of contents for 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. Transfer of illegal aliens from State to Federal 
              custody.''.

     SEC. 506. DETENTION OF DANGEROUS ALIENS.

       (a) In General.--Section 241(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(a)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears, except for the first reference in paragraph 
     (4)(B)(i), and inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)--
       (A) in subparagraph (A), by striking ``90 days'' and 
     inserting ``60 days''; and
       (B) by striking subparagraphs (B) and (C) and inserting the 
     following:
       ``(B) Beginning of period.--The removal period begins on 
     the latest of--
       ``(i) the date on which the order of removal becomes 
     administratively final;
       ``(ii) if the alien is not in the custody of the Secretary 
     of Homeland Security on the date on which the order of 
     removal becomes administratively final, the date on which the 
     alien is taken into such custody; or
       ``(iii) if the alien is detained or confined (except under 
     an immigration process) on the date on which the order of 
     removal becomes administratively final, the date on which the 
     alien is taken into the custody of the Secretary of Homeland 
     Security after the alien is released from such detention or 
     confinement.
       ``(C) Extension of period.--
       ``(i) In general.--The removal period shall be extended 
     beyond a period of 60 days and the Secretary of Homeland 
     Security may, in the Secretary's sole discretion, keep the 
     alien in detention during such extended period if--

       ``(I) the alien fails or refuses to make all reasonable 
     efforts to comply with the removal order, or to fully 
     cooperate with the Secretary's efforts to establish the 
     alien's identity and carry out the removal order, including--

       ``(aa) making timely application in good faith for travel 
     or other documents necessary for the alien's departure; or
       ``(bb) conspiring or acting to prevent the removal of an 
     alien that is subject to an order of removal;

       ``(II) a court, the Board of Immigration Appeals, or an 
     immigration judge orders a stay of removal of an alien who is 
     subject to an administratively final order of removal;
       ``(III) the Secretary lawfully transfers custody of the 
     alien to another Federal agency or to a State or local 
     government agency in connection with the official duties of 
     such agency; or
       ``(IV) a court or the Board of Immigration Appeals orders a 
     remand to the immigration judge or to the Board of 
     Immigration Appeals while the case is pending a decision on 
     remand (with the removal period beginning anew on the date on 
     which the alien is ordered removed on remand).

       ``(ii) Renewal.--If the removal period has been extended 
     pursuant to clause (i), a new removal period shall begin on 
     the date on which--

       ``(I) the alien makes all reasonable efforts to comply with 
     the removal order or to fully cooperate with the Secretary of 
     Homeland Security's efforts to establish the alien's identity 
     and carry out the removal order;
       ``(II) the stay of removal is no longer in effect; or
       ``(III) the alien is returned to the custody of the 
     Secretary.

       ``(iii) Mandatory detention for certain aliens.--The 
     Secretary shall keep an alien described in section 236(c)(1) 
     in detention during the extended period described in clause 
     (i).
       ``(iv) Sole form of relief.--An alien may seek relief from 
     detention under this subparagraph by filing an application 
     for a writ of habeas corpus in accordance with chapter 153 of 
     title 28, United States Code. No alien whose period of 
     detention is extended under this subparagraph shall have the 
     right to seek release on bond.'';
       (3) in paragraph (3)--
       (A) by inserting ``or is not detained pursuant to paragraph 
     (6)'' after ``removal period''; and
       (B) in subparagraph (D), by inserting ``in order to prevent 
     the alien from absconding, for the protection of the 
     community, or for other purposes related to the enforcement 
     of the immigration laws'' before the period at the end;
       (4) in paragraph (4)(A), by striking ``paragraph (2)'' and 
     inserting ``in subparagraph (B)''; and
       (5) by amending paragraph (6) to read as follows:
       ``(6) Additional rules for detention or release of certain 
     aliens.--
       ``(A) Detention review process for cooperative aliens.--
       ``(i) In general.--The Secretary of Homeland Security shall 
     establish an administrative review process to determine 
     whether an alien who is not otherwise subject to mandatory 
     detention, who has made all reasonable efforts to comply with 
     a removal order and to cooperate fully with the Secretary's 
     efforts to establish the alien's identity and to carry out 
     the removal order, including making timely application in 
     good faith for travel or other documents necessary to the 
     alien's departure, and who has not conspired or acted to 
     prevent removal, should be detained or released on 
     conditions.
       ``(ii) Determination.--The Secretary of Homeland Security 
     shall determine whether to release an alien after the removal 
     period in accordance with subparagraph (B). Such 
     determination shall include the consideration of any evidence 
     submitted by the alien and may include the consideration of 
     any other evidence, including any information or assistance 
     provided by the Secretary of State or other Federal official 
     and any other information available to the Secretary of 
     Homeland Security pertaining to the ability to remove the 
     alien.
       ``(B) Authority to detain beyond removal period.--

[[Page S717]]

       ``(i) In general.--The Secretary of Homeland Security, in 
     the sole discretion of the Secretary, may continue to detain 
     an alien for 90 days beyond the removal period (including any 
     extension of the removal period under paragraph (1)(C)). An 
     alien whose detention is extended under this subparagraph is 
     not entitled to seek release on bond.
       ``(ii) Specific circumstances.--The Secretary of Homeland 
     Security, in the sole discretion of the Secretary, may 
     continue to detain an alien beyond the 90 days authorized 
     under clause (i)--

       ``(I) until the alien is removed, if the Secretary, in the 
     sole discretion of the Secretary, determines that there is a 
     significant likelihood that the alien--

       ``(aa) will be removed in the reasonably foreseeable 
     future; or
       ``(bb) would be removed in the reasonably foreseeable 
     future, or would have been removed, but for the alien's 
     failure or refusal to make all reasonable efforts to comply 
     with the removal order, or to cooperate fully with the 
     Secretary's efforts to establish the alien's identity and 
     carry out the removal order, including making timely 
     application in good faith for travel or other documents 
     necessary to the alien's departure, or conspires or acts to 
     prevent removal;

       ``(II) until the alien is removed, if the Secretary of 
     Homeland Security certifies in writing--

       ``(aa) in consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety;
       ``(bb) after receipt of a written recommendation from the 
     Secretary of State, that release of the alien is likely to 
     have serious adverse foreign policy consequences for the 
     United States;
       ``(cc) based on information available to the Secretary of 
     Homeland Security (including classified, sensitive, or 
     national security information, and without regard to the 
     grounds upon which the alien was ordered removed), that there 
     is reason to believe that the release of the alien would 
     threaten the national security of the United States; or
       ``(dd) that the release of the alien will threaten the 
     safety of the community or any person, conditions of release 
     cannot reasonably be expected to ensure the safety of the 
     community or any person, or either--
       ``(AA) the alien has been convicted of 1 or more aggravated 
     felonies (as defined in section 101(a)(43)(A)), of 1 or more 
     crimes identified by the Secretary of Homeland Security by 
     regulation, or of 1 or more attempts or conspiracies to 
     commit any such aggravated felonies or such identified 
     crimes, if the aggregate term of imprisonment for such 
     attempts or conspiracies is at least 5 years; or
       ``(BB) the alien has committed 1 or more crimes of violence 
     (as defined in section 16 of title 18, United States Code), 
     excluding purely political offenses, and the alien, because 
     of a mental condition or personality disorder and behavior 
     associated with such condition or disorder, is likely to 
     engage in acts of violence in the future; or

       ``(III) pending a certification under subclause (II), if 
     the Secretary of Homeland Security initiates the 
     administrative review process not later than 30 days after 
     the expiration of the removal period (including any extension 
     of the removal period under paragraph (1)(C)).

       ``(iii) No right to bond hearing.--An alien whose detention 
     is extended under this subparagraph is not entitled to seek 
     release on bond, including by reason of a certification under 
     clause (ii)(II).
       ``(C) Renewal and delegation of certification.--
       ``(i) Renewal.--The Secretary of Homeland Security may 
     renew a certification under subparagraph (B)(ii)(II) every 6 
     months, after providing an opportunity for the alien to 
     request reconsideration of the certification and to submit 
     documents or other evidence in support of that request. If 
     the Secretary does not renew the certification, the Secretary 
     may not continue to detain the alien under subparagraph 
     (B)(ii)(II).
       ``(ii) Delegation.--Notwithstanding section 103, the 
     Secretary of Homeland Security may not delegate the authority 
     to make or renew a certification described in item (bb), 
     (cc), or (dd) of subparagraph (B)(ii)(II) below the level of 
     the Assistant Secretary for Immigration and Customs 
     Enforcement.
       ``(iii) Hearing.--The Secretary of Homeland Security may 
     request that the Attorney General or the Attorney General's 
     designee provide for a hearing to make the determination 
     described in item (dd)(BB) of subparagraph (B)(ii)(II).
       ``(D) Release on conditions.--If a Federal court or the 
     Board of Immigration Appeals determines that an alien should 
     be released from detention or if an immigration judge orders 
     a stay of removal, the Secretary of Homeland Security, in 
     discretion of the Secretary, may impose conditions on release 
     in accordance with paragraph (3).
       ``(E) Redetention.--
       ``(i) In general.--The Secretary of Homeland Security, in 
     the discretion of the Secretary, without any limitations 
     other than those specified in this section, may redetain any 
     alien subject to a final removal order who is released from 
     custody if--

       ``(I) removal becomes likely in the reasonably foreseeable 
     future;
       ``(II) the alien fails to comply with the conditions of 
     release or to continue to satisfy the conditions described in 
     subparagraph (A); or
       ``(III) upon reconsideration, the Secretary, in the sole 
     discretion of the Secretary, determines that the alien can be 
     detained under subparagraph (B).

       ``(ii) Applicability.--This section shall apply to any 
     alien returned to custody pursuant to this subparagraph as if 
     the removal period terminated on the first day of such 
     redetention.
       ``(F) Review of determinations by secretary.--A 
     determination by the Secretary of Homeland Security under 
     this paragraph shall not be subject to review by any other 
     agency.''.
       (b) Detention of Aliens During Removal Proceedings.--
     Section 236 of the Immigration and Nationality Act (8 U.S.C. 
     1226) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears (except in the second place the term appears in 
     subsection (a)) and inserting ``Secretary of Homeland 
     Security'';
       (2) in subsection (a)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General--''; and
       (B) in paragraph (2)(B), by striking ``conditional 
     parole;'' and inserting ``recognizance;'';
       (3) in subsection (b), by striking ``parole'' and inserting 
     ``recognizance'';
       (4) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) Custody.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     take into custody any alien described in paragraph (2) or (3) 
     of section 212(a) or in paragraph (2) or (4) of section 
     237(a), or who has no lawful status in the United States and 
     has been convicted for driving while intoxicated (including a 
     conviction for driving while under the influence or impaired 
     by alcohol or drugs), any time after the alien is released, 
     regardless of whether the alien--
       ``(i) is released related to any activity, offense, or 
     conviction described in this paragraph;
       ``(ii) is released on parole, supervised release, or 
     probation; or
       ``(iii) may be arrested or imprisoned again for the same 
     offense.
       ``(B) Subsequent custody.--If activity, offense, or 
     conviction described in subparagraph (A) does not result in 
     the alien being taken into custody, the Secretary of Homeland 
     Security shall take such alien into custody--
       ``(i) when the alien is brought to the attention of the 
     Secretary; or
       ``(ii) when the Secretary determines it is practical to 
     take such alien into custody.''.
       (5) in subsection (e), by striking ``Attorney General's'' 
     and inserting ``Secretary of Homeland Security's''; and
       (6) by adding at the end the following:
       ``(f) Length of Detention.--
       ``(1) In general.--Notwithstanding any other provision of 
     this section, an alien may be detained under this section, 
     and an alien described in subsection (c) shall be detained, 
     without time limitation, except as provided in subsection 
     (g), during the pendency of removal proceedings.
       ``(2) Construction.--The length of detention under this 
     section shall not affect a detention authorized under section 
     241.
       ``(g) Release on Bond.--
       ``(1) In general.--An alien detained under subsection (a) 
     may seek release on bond in an amount that is not less than 
     $10,000. No bond may be granted under this paragraph unless 
     the alien establishes, by clear and convincing evidence, that 
     the alien is not a flight risk or a risk to another person or 
     to the community.
       ``(2) Certain aliens ineligible.--No alien detained 
     pursuant to subsection (c) may seek release on bond.''.
       (c) Effective Dates.--
       (1) Subsection (a).--The amendments made by subsection (a) 
     shall take effect upon the date of the enactment of this Act, 
     and section 241 of the Immigration and Nationality Act, as 
     amended by subsection (a), shall apply to--
       (A) all aliens subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act; and
       (B) acts and conditions occurring or existing before, on, 
     or after such date.
       (2) Subsection (b).--The amendments made by subsection (b) 
     shall take effect upon the date of the enactment of this Act, 
     and section 236 of the Immigration and Nationality Act, as 
     amended by subsection (b), shall apply to any alien in 
     detention under provisions of such section on or after such 
     date.

     SEC. 507. 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.

[[Page S718]]

       (2) Availability.--The training manual and pocket guide 
     published pursuant to 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 training available to State and local law enforcement 
     officers through as many means as possible, including--
       (A) residential training at--
       (i) the Federal Law Enforcement Training Center (referred 
     to in this subsection as ``FLETC'') of the Department of 
     Homeland Security in Glynco, Georgia; and
       (ii) the Center for Domestic Preparedness of the Federal 
     Emergency Management Agency in Anniston, Alabama;
       (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 FLETC Learning Center 
     shall make training available for State and local law 
     enforcement personnel through the internet using 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) Rule of Construction.--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 such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) in paragraph (2), by adding at the end the following: 
     ``Training described in this paragraph may not exceed 14 days 
     or 80 hours, whichever is longer.''.

     SEC. 508. 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 
     is immune.
       (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 
     such 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.
                                 ______