110th CONGRESS
1st Session
H. R. 842
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 HOUSE OF REPRESENTATIVES
February 6, 2007
Mr. NORWOOD introduced the following bill; which was 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 TITLE; TABLE OF CONTENTS; STATE DEFINED; SEVERABILITY.
(a) Short Title- This Act may be cited as the `Clear Law Enforcement for
Criminal Alien Removal Act of 2007' or `CLEAR Act of 2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents; State defined; severability.
Sec. 2. Federal affirmation of assistance in the immigration law enforcement
by States and political subdivisions of States.
Sec. 3. State authorization for assistance in the enforcement of immigration
laws encouraged.
Sec. 4. Civil and criminal penalties for aliens unlawfully present in
the United States.
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 police 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. 12. Institutional removal program (IRP).
Sec. 13. State criminal alien assistance program (SCAAP).
(c) State Defined- For purposes of this Act, 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)).
(d) Severability- If any provision of this Act, or the application of such
provision to any person or circumstance, is held invalid, the remainder
of this Act, and the application of such provision to other persons not
similarly situated or to other circumstances, shall not be affected by such
invalidation.
SEC. 2. 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. 3. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF IMMIGRATION
LAWS ENCOURAGED.
(a) In General- Effective two years 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 shall 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) Construction- Nothing in this section shall 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 the State,
or of the political subdivision of the State, to comply with subsection
(a) shall be reallocated to States, or to political subdivisions of States,
that comply with such subsection.
SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN
THE UNITED STATES.
(a) Aliens Unlawfully Present in the United States-
(1) IN GENERAL- Title II of the Immigration and Nationality Act (8 U.S.C.
1151 et seq.) is amended by inserting after section 275 the following:
`CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN THE UNITED STATES
`Sec. 275A. (a) In General- In addition to any other penalty, an alien who
is present in the United States in violation of this Act shall be fined
under title 18, United States Code, imprisoned not less than one year, or
both.
`(b) Defense- It shall be an affirmative defense to a violation of subsection
(a) that the alien overstayed the time allotted under a visa due to an exceptional
and extremely unusual hardship or physical illness that prevented the alien
from leaving the United States by the required date.'.
(2) CLERICAL AMENDMENT- The table of contents of such Act is amended by
inserting after the item relating to section 275 the following new item:
`Sec. 275A. Criminal penalties for unlawful presence in the United States.'.
(b) Increase in Criminal Penalties for Illegal Entry- Section 275(a) of
such Act (8 U.S.C. 1325(a)) is amended by striking `6 months,' and inserting
`one year,'.
(c) Increase in Civil Penalties for Various Violations of the Immigration
Laws of the United States- Section 275(b) of such Act (8 U.S.C. 1325(b))
is amended to read as follows:
`(b)(1) Subject to paragraph (2), any alien described in paragraph (3) shall
be subject to a civil penalty of--
`(A) $500 for the first violation;
`(B) $1,000 in the case of an alien who has once previously been subject
to a civil penalty under this subsection, in addition to forfeiture of
all civil assets and permanent disbarment from entry into the United States;
`(C) $5,000 in the case of an alien who has twice previously been subject
to a civil penalty under this subsection, in addition to forfeiture of
all civil assets and permanent disbarment from entry into the United States.
`(2) In the case of an alien described in paragraph (3)(D), the alien shall
be subject to civil penalties under this subsection that are five times
the amounts set forth under paragraph (1).
`(3) An alien described in this paragraph is an alien who--
`(A) is apprehended while entering (or attempting to enter) the United
States at a time or place other than as designated by immigration officers;
`(B) enters the United States without inspection;
`(C) fails to depart the United States within 30 days after the expiration
date of a nonimmigrant visa or a voluntary departure agreement and is
not in other lawful status; or
`(D) fails to depart the United States within 30 days after the date of
a final order of removal and is not in other lawful status.
`(4) Civil penalties under this subsection are in addition to, and not in
lieu of, any criminal or other civil penalties that may be imposed.'.
(d) Permission To Depart Voluntarily- Section 240B of such Act (8 U.S.C.
1229c) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland
Security' each place it appears; and
(2) in subsection (a)(2)(A), by striking `120 days' and inserting `30
days'.
SEC. 5. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION
CENTER DATABASE.
(a) Provision of Information to the NCIC- Not later than 180 days after
the date of the enactment of this Act and periodically thereafter as updates
may require, the Under Secretary for Border and Transportation Security
of the Department of Homeland Security shall provide the National Crime
Information Center of the Department of Justice with such information as
the Under Secretary may possess regarding any aliens against whom a final
order of removal has been issued, any aliens who have signed a voluntary
departure agreement, any aliens who have overstayed their authorized period
of stay, and any aliens whose visas have been revoked. The National Crime
Information Center shall enter such information into the Immigration Violators
File of the National Crime Information Center database, regardless of whether--
(1) the alien concerned received notice of a final order of removal;
(2) the alien concerned has already been removed; or
(3) sufficient identifying information is available with respect to the
alien concerned.
(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 new paragraph:
`(4) acquire, collect, classify, and preserve records of violations by
aliens of the immigration laws of the United States, regardless of whether
any such alien has received notice of the violation or whether sufficient
identifying information is available with respect to any such alien and
even if any such alien has already been removed from the United States;
and'.
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)
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, is encouraged to provide the Secretary of Homeland Security
in a timely manner with the information specified in subsection (b) with
respect to each alien apprehended in the jurisdiction of the State, or in
the 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 referred to in subsection (a)
is as follows:
(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, the alien's driver's license number and the State of
issuance of such license.
(6) If applicable, the type of any other identification document issued
to the alien, any designation number contained on the identification document,
and the issuing entity for the identification document.
(7) If applicable, the license plate number, make, and model of any automobile
registered to, or driven by, the alien.
(8) A photo of the alien, if available or readily obtainable.
(9) The alien's fingerprints, if available or readily obtainable.
(c) Annual Report on Reporting- The Secretary shall maintain and annually
submit to Congress a detailed report listing the States, or the political
subdivisions of States, that have provided information under subsection
(a) in the preceding year.
(d) Reimbursement- The Secretary of Homeland Security shall reimburse States,
and political subdivisions of a State, for all reasonable costs, as determined
by the Secretary, incurred by the State, or the political subdivision of
a State, as a result of providing information under subsection (a).
(e) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary such sums as are necessary to carry out this section.
(f) Construction- Nothing in this section shall require law enforcement
officials of a State, or of a political subdivision of a State, to provide
the Secretary of Homeland Security with information related to a victim
of a crime or witness to a criminal offense.
SEC. 7. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT ASSIST
IN THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Grants for Special Equipment for Housing and Processing Certain Aliens-
From amounts made available to make grants under this section, the Secretary
of Homeland Security shall make grants to States, and to political subdivisions
of States, for 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
law of the United States, including additional administrative costs incurred
under this Act.
(b) Eligibility- To be eligible to receive a grant under this section, a
State, or a political subdivision of a State, must have the authority to,
and have in effect the policy and practice to, assist 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
of a State.
(c) Funding- There is authorized to be appropriated to the Secretary for
grants under this section $1,000,000,000 for fiscal year 2008 and each subsequent
fiscal year.
(d) GAO Audit- Not later than three 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 to political subdivisions of
a State, under subsection (a).
SEC. 8. INCREASED FEDERAL DETENTION SPACE.
(a) Construction or Acquisition of Detention Facilities-
(1) IN GENERAL- The Secretary of Homeland Security shall construct or
acquire, in addition to existing facilities for the detention of aliens,
20 detention facilities in the United States, with at least 500 beds per
facility, for aliens detained pending removal from the United States or
a decision regarding such removal.
(2) DETERMINATIONS- The location of any detention facility built or acquired
in accordance with this subsection shall be determined by the Deputy Assistant
Director of the Detention Management Division of the Immigration and Customs
Enforcement Office of Detention and Removal within United States Immigration
and Customs Enforcement.
(3) USE OF INSTALLATIONS UNDER BASE CLOSURE LAWS- In acquiring detention
facilities under this subsection, the Secretary of Homeland Security shall
consider the transfer of appropriate portions of military installations
approved for closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10
U.S.C. 2687 note) for use in accordance with paragraph (1).
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out this section.
(c) 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.
(1) 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:
`CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES
`Sec. 240D. (a) 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
the alien be taken into Federal custody, the Secretary--
`(A) 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,
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 incarcerate or transport the alien for transfer to Federal
custody; and
`(2) shall designate at least one Federal, State, or local prison or jail
or a private contracted prison or detention facility within each State
as the central facility for that State to transfer custody of aliens to
the Department of Homeland Security.
`(b) Policy on Detention in State and Local Detention Facilities- In carrying
out section 241(g)(1), the Attorney General or Secretary of Homeland Security
shall ensure that an alien arrested under this Act shall be detained, pending
the alien's being taken for the 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 facility is adequate for
detention, if--
`(1) such a 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) such facility satisfies the standards for the housing, care, and
security of persons held in custody of a United States marshal.
`(c) Reimbursement- 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 as described in subparagraphs (A) and (B) of
subsection (a)(1). Compensation provided for costs incurred under such subparagraphs
shall be the average cost of incarceration of a prisoner in the relevant
State, as determined by the chief executive officer of a State, or of a
political subdivision of a State, plus 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 place of custody are different.
`(d) Secure Facilities- The Secretary of Homeland Security shall ensure
that aliens incarcerated in Federal facilities pursuant to this Act are
held in facilities that provide an appropriate level of security.
`(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 may enter into contracts, including appropriate
private contracts, to implement this subsection.
`(f) Definition- For purposes of 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 other than that 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,
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 any such status;
`(3) was admitted as an immigrant and has subsequently failed to comply
with the requirements of that status; or
`(4) failed to depart the United States under a voluntary departure agreement
or under a final order of removal.
`(g) Authorization of Appropriations for the Detention and Transportation
to Federal Custody of Aliens Unlawfully Present- There is authorized to
be appropriated to the Secretary of Homeland Security $500,000,000 for fiscal
year 2008 and each subsequent fiscal year for the detention and removal
of aliens unlawfully present in the United States under this Act.'.
(2) CLERICAL AMENDMENT- The table of contents of such Act is amended by
inserting after the item relating to section 240C the following new item:
`Sec. 240D. Custody of aliens unlawfully present in the United States.'.
(b) GAO Audit- Not later than three 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 to political subdivisions of a State,
for the incarceration of aliens unlawfully present in the United States
under section 240D(a) 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 of Homeland
Security shall establish--
(1) a training manual for law enforcement personnel of a State, or of
a political subdivision of a State, to train such personnel in 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 duty.
(b) Availability- The training manual and pocket guide established in accordance
with subsection (a) shall be made available to all State and local law enforcement
personnel.
(c) Applicability- Nothing in this section shall be construed to require
State or local law enforcement personnel to carry the training manual or
pocket guide with them while on duty.
(d) Costs- The Secretary of Homeland Security shall be responsible for any
costs incurred in establishing the training manual and pocket guide.
(e) Training Flexibility-
(1) IN GENERAL- The Secretary of Homeland Security shall make training
of State and local law enforcement officers available through as many
means as possible, including through residential training at the Center
for Domestic Preparedness, onsite training held at State or local police
agencies or facilities, online training courses by computer, teleconferencing,
and videotape, or the digital video display (DVD) of a training course
or courses. E-learning through a secure, encrypted distributed learning
system that has all its servers based in the United States, is sealable,
survivable, and can have a portal in place not later than 30 days after
the date of the enactment of this Act, shall be made available by the
Federal Law Enforcement Training Center Distributed Learning Program for
State and local law enforcement personnel.
(2) FEDERAL PERSONNEL TRAINING- The training of State and local law enforcement
personnel under this section shall not displace the training of Federal
personnel.
(3) CLARIFICATION- Nothing in this Act or any other provision of law shall
be construed as making any immigration-related training a requirement
for, or prerequisite to, any State or local law enforcement officer to
assist in the enforcement of Federal immigration laws in the normal course
of carrying out the normal law enforcement duties of such officers.
(f) Training Limitation- Section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland
Security' each place it appears; and
(2) in paragraph (2), by adding at the end the following new sentence:
`Such training shall not exceed 14 days or 80 hours, whichever is longer.'.
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 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 (IRP).
(a) Continuation and Expansion-
(1) IN GENERAL- The Secretary of Homeland Security shall continue to operate
and implement the program known as the Institutional Removal Program (IRP)
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 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 criminal aliens in its
prison and jail populations; and
(C) promptly convey such information to officials of such Program as
a condition of receiving such 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, are authorized to--
(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 United
States Immigration and Customs Enforcement can take the alien into custody.
(c) Technology Usage- Technology such as video conferencing shall be used
to the maximum extent practicable in order 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 in order to make these resources available to
State and local law enforcement agencies in remote locations.
(d) Authorization of Appropriations- There is authorized to be appropriated
to carry out the Institutional Removal Program--
(1) $115,000,000 for fiscal year 2008;
(2) $130,000,000 for fiscal year 2009;
(3) $145,000,000 for fiscal year 2010; and
(4) $160,000,000 for fiscal year 2011.
SEC. 13. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(i))
is amended--
(1) in subparagraph (B), by striking `and' at the end;
(2) in subparagraph (C), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following new subparagraph:
`(D) $1,000,000,000 for fiscal year 2012 and each subsequent fiscal
year.'.
END
