[Congressional Record Volume 171, Number 8 (Wednesday, January 15, 2025)]
[Senate]
[Pages S188-S190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 51. Mrs. BLACKBURN submitted an amendment intended to be proposed
by her to the bill S. 5, to require the Secretary of Homeland Security
to take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:
At the end of the bill, add the following:
SEC. 4. SHORT TITLES.
Sections 4 through 17 of this Act may be cited as the
``Clear Law Enforcement for Criminal Alien Removal Act of
2025'' or the ``CLEAR Act''.
SEC. 5. 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. 6. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION
LAW ENFORCEMENT BY STATES AND POLITICAL
SUBDIVISIONS OF STATES.
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. 7. 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. 8. 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. 9. 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. 10. 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. 11. INCREASED FEDERAL DETENTION SPACE.
(a) Construction or Acquisition of Detention Facilities.--
[[Page S189]]
(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. 12. 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. 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. 13. 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. 14. IMMUNITY.
(a) Personal Immunity.--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.--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. 15. 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--
[[Page S190]]
(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. 16. 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 sections 4 through 15 of 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. 17. 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.
______