S 2717
Calendar No. 602
110th CONGRESS
2d Session
S. 2717
To provide for enhanced Federal enforcement of, and State and
local assistance in the enforcement of, the immigration laws of the
United States, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 5, 2008
Mr. CHAMBLISS (for himself and Mr. ISAKSON) introduced the following
bill; which was read the first time
March 6, 2008
Read the second time and placed on the calendar
A BILL
To provide for enhanced Federal enforcement of, and State and
local assistance in the enforcement of, the immigration laws of the
United States, 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.
This Act may be cited as the `Effective Immigration Enforcement Partnerships
Act of 2008'.
SEC. 2. STATE DEFINED.
In this Act, the term `State' has the meaning given the term in section
101(a)(36) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)).
SEC. 3. 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. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION
CENTER DATABASE.
(a) Provision of Information to the NCIC-
(1) IN GENERAL- Not later than 180 days after the date of the enactment
of this Act, the Commissioner, United States Customs and Border Protection
shall provide the National Crime Information Center of the Department
of Justice with any information in the possession of the Commissioner
that is related to--
(A) any alien against whom a final order of removal has been issued;
(B) any alien who is subject to a voluntary departure agreement;
(C) any alien who has remained in the United States beyond the alien's
authorized period of stay; and
(D) any alien whose visa has been revoked.
(2) REQUIREMENT TO PROVIDE AND USE INFORMATION- The information described
in paragraph (1) shall be provided to the National Crime Information
Center, and the Center shall enter the information into the Immigration
Violators File of the National Crime Information Center database,
regardless of whether--
(A) the alien received notice of a final order of removal;
(B) the alien has already been removed; or
(C) sufficient identifying information is available for the alien,
such as a physical description of the alien.
(b) Inclusion of Information in the NCIC Database- Section 534(a) of
title 28, United States Code, is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
`(4) acquire, collect, classify, and preserve records of violations
of the immigration laws of the United States, regardless of whether
the alien has received notice of the violation, sufficient identifying
information is available for the alien, or the alien has already been
removed; and.'.
(c) Permission To Depart Voluntarily- Section 240B of the Immigration
and Nationality Act (8 U.S.C. 1229c) is amended--
(1) by striking `Attorney General' each place that term appears and
inserting `Secretary of Homeland Security'; and
(2) in subsection (a)(2)(A), by striking `120' and inserting `30'.
SEC. 5. 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) In General- If the head of a law enforcement entity of a State
(or, if appropriate, a political subdivision of the State) exercising
authority with respect to the apprehension or arrest of an illegal alien,
submits a request to the Secretary of Homeland Security that the alien
be taken into Federal custody, the Secretary shall--
`(1)(A) not later than 72 hours after the conclusion of the State
charging process or dismissal process, or if no State charging or
dismissal process is required, not later than 72 hours after the illegal
alien is apprehended, take the illegal alien into the custody of the
Federal Government and incarcerate the alien; or
`(B) request that the relevant State or local law enforcement agency
temporarily detain or transport the illegal alien to a location for
transfer to Federal custody; and
`(2) designate at least 1 Federal, State, or local prison or jail
or a private contracted prison or detention facility within each State
as the central facility for law enforcement entities of that State
to transfer custody of criminal or illegal aliens to the Department
of Homeland Security.
`(1) IN GENERAL- The Secretary of Homeland Security shall reimburse
a State or a political subdivision of a State for all reasonable expenses,
as determined by the Secretary, incurred by the State or political
subdivision in the detention and transportation of a criminal or illegal
alien under subsection (a)(1).
`(2) COST COMPUTATION- The amount reimbursed for costs incurred under
subsection (a)(1) shall be equal to the sum of--
`(i) the average cost of incarceration of a prisoner in the relevant
State, as determined by the chief executive officer of a State
(or, as appropriate, a political subdivision of the State); and
`(ii) the number of days that the alien was in the custody of
the State or political subdivision; and
`(B) the cost of transporting the criminal or illegal alien from
the point of apprehension or arrest to--
`(i) the location of detention; and
`(ii) if the location of detention and of custody transfer are
different, to the custody transfer point.
`(c) Requirement for Appropriate Security- The Secretary of Homeland
Security shall ensure that illegal aliens incarcerated in Federal facilities
under this subsection are held in facilities which provide an appropriate
level of security.
`(d) Requirement for Schedule-
`(1) IN GENERAL- In carrying out this section, the Secretary of Homeland
Security shall establish a regular circuit and schedule for the prompt
transfer of apprehended illegal aliens from the custody of States
and political subdivisions of States to Federal custody.
`(2) AUTHORITY FOR CONTRACTS- The Secretary of Homeland Security may
enter into contracts with appropriate State and local law enforcement
and detention officials to implement this subsection.
`(e) Illegal Alien Defined- In this section, the term `illegal alien'
means an alien who--
`(1) entered the United States without inspection or at any time or
place other than that designated by the Secretary of Homeland Security;
`(2) was admitted as a nonimmigrant and, at the time the alien was
taken into custody by the State or political subdivision, had failed
to--
`(A) maintain the nonimmigrant status in which the alien was admitted
or to which it was changed under section 248; or
`(B) comply with the conditions of the status described in subparagraph
(A);
`(3) was admitted as an immigrant and subsequently failed to comply
with the requirements of that status; or
`(4) failed to depart the United States as required under a voluntary
departure agreement or under a final order of removal.'.
(b) Authorization of Appropriations for the Detention and Transportation
to Federal Custody of Aliens Not Lawfully Present- There is authorized
to be appropriated $500,000,000 for the detention and removal of aliens
not lawfully present in the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) for fiscal year 2009 and for
each subsequent fiscal year.
SEC. 6. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW
ENFORCEMENT PERSONNEL.
(a) Training Manual and Pocket Guide-
(1) PUBLICATION- Not later than 180 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall publish--
(A) a training manual for State and local law enforcement personnel
to train such personnel in the investigation, identification, apprehension,
arrest, detention, and transfer to Federal custody of aliens in
the United States, including--
(i) the transportation of such aliens across State lines to detention
centers; and
(ii) the identification of fraudulent documents; and
(B) an immigration enforcement pocket guide for State and local
law enforcement personnel to provide a quick reference for such
personnel in the course of duty.
(2) AVAILABILITY- The training manual and pocket guide published under
paragraph (1) shall be made available to all State and local law enforcement
personnel.
(3) APPLICABILITY- Nothing in this subsection may be construed to
require State or local law enforcement personnel to keep the training
manual or pocket guide with them while on duty.
(4) COSTS- The Secretary shall be responsible for all costs incurred
in the publication of the training manual and pocket guide under this
subsection.
(b) Training Flexibility-
(1) IN GENERAL- The Secretary of Homeland Security shall make available
training of State and local law enforcement officers through as many
means as possible, including--
(A) residential training at--
(i) the Federal Law Enforcement Training Center of the Department
of Homeland Security in Glynco, Georgia; and
(ii) the Center for Domestic Preparedness of the Department of
Homeland Security;
(B) onsite training held at State or local police agencies or facilities;
(C) online training courses by computer, teleconferencing, and videotape;
and
(D) recording training courses on DVD.
(2) ONLINE TRAINING- The head of the Distributed Learning Program
of the Federal Law Enforcement Training Center shall make training
available for State and local law enforcement personnel via the Internet
through a secure, encrypted distributed learning system that--
(A) has all its servers based in the United States;
(B) is sealable and survivable; and
(C) is capable of having a portal in place not later than 30 days
after the date of the enactment of this Act.
(3) FEDERAL PERSONNEL TRAINING- The training of State and local law
enforcement personnel under this section may not displace the training
of Federal personnel.
(c) Clarification- Nothing in this Act or in any other provision of
law may be construed as making any immigration-related training a requirement
for, or a prerequisite to, any State or local law enforcement officer
exercising the inherent authority of the officer to investigate, identify,
apprehend, arrest, detain, or transfer to Federal custody illegal aliens
during the normal course of carrying out the law enforcement duties
of the officer.
(d) Training Limitation- Section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) is amended--
(1) by striking `Attorney General' each place that term appears and
inserting `Secretary of Homeland Security'; and
(2) in paragraph (2), by adding at the end the following: `Such training
may not exceed 14 days or 80 hours, whichever is longer.'.
SEC. 7. IMMUNITY.
(1) IN GENERAL- Notwithstanding any other provision of law, a law
enforcement officer of a State or of a political subdivision of a
State, shall be immune from personal liability arising out of the
enforcement of any immigration law to the same extent as a Federal
law enforcement officer.
(2) APPLICABILITY- The immunity provided under paragraph (1) only
applies to an officer of a State, or of a political subdivision of
a State, who is acting within the scope of the officer's official
duties.
(b) Agency Immunity- Notwithstanding any other provision of law, a law
enforcement agency of a State, or of a political subdivision of a State,
shall be immune from any claim for money damages based on Federal, State,
or local civil rights law for an incident arising out of the enforcement
of any immigration law, except to the extent that the law enforcement
officer of that agency, whose action the claim involves, committed a
violation of Federal, State, or local criminal law in the course of
enforcing such immigration law.
SEC. 8. CRIMINAL ALIEN PROGRAM.
(1) IN GENERAL- The Secretary of Homeland Security shall continue
to operate the program commonly known as the Criminal Alien Program
by--
(A) identifying all removable criminal aliens in Federal and State
correctional facilities;
(B) ensuring that aliens identified under subparagraph (A) are not
released into the United States; and
(C) removing aliens identified under subparagraph (A) from the United
States after the completion of their sentences.
(2) EXPANSION- Not later than 9 months after the date of the enactment
of this Act, the Secretary of Homeland Security shall expand the Criminal
Alien Program to all States.
(3) STATE RESPONSIBILITIES- Appropriate officials of each State that
receives Federal funds for the incarceration of criminal aliens shall--
(A) cooperate with the Federal officials who carry out the Criminal
Alien Program;
(B) expeditiously and systematically identify criminal aliens in
the State's prison and jail populations; and
(C) promptly convey information regarding such aliens to the Federal
officials who carry out the Criminal Alien Program as a condition
for receiving such Federal funds.
(b) Authorization for Detention After Completion of State or Local Prison
Sentence- State and local law enforcement officers are authorized to--
(1) hold an illegal alien for a period not to exceed 14 days after
the alien has completed the alien's State prison sentence in order
to effectuate the transfer of the alien to Federal custody when the
alien is removable or not lawfully present in the United States; and
(2) issue a detainer that would allow aliens who have served a State
prison sentence to be detained by the State prison until personnel
from United States Immigration and Customs Enforcement take the alien
into custody.
(1) IN GENERAL- The Secretary of Homeland Security shall use available
technology, including videoconferencing, to the maximum extent possible,
in order to make the Criminal Alien Program available in remote locations.
(2) MOBILE ACCESS- Mobile access to Federal databases of aliens, such
as the IDENT database maintained by the Secretary of Homeland Security,
and live scan technology shall be used to the maximum extent practicable
in order to make these resources available to State and local law
enforcement agencies in remote locations.
(d) Authorization of Appropriations- There are authorized to be appropriated
to carry out the Criminal Alien Program--
(1) $40,000,000 for fiscal year 2009;
(2) $50,000,000 for fiscal year 2010;
(3) $60,000,000 for fiscal year 2011;
(4) $70,000,000 for fiscal year 2012; and
(5) $80,000,000 for fiscal year 2013 and each succeeding fiscal year.
SEC. 9. CONSTRUCTION.
Nothing in this Act may be construed to require State or local law enforcement
personnel to--
(1) report the identity of a victim of, or a witness to, a criminal
offense to the Secretary of Homeland Security for immigration enforcement
purposes;
(2) arrest such victim or witness for a violation of the immigration
laws of the United States; or
(3) enforce the immigration laws of the United States.
Calendar No. 602
110th CONGRESS
2d Session
S. 2717
A BILL
To provide for enhanced Federal enforcement of, and State and local
assistance in the enforcement of, the immigration laws of the United
States, and for other purposes.
March 6, 2008
Read the second time and placed on the calendar
END
