119-s114

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 114 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 114

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

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 16, 2025

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

_______________________________________________________________________

 A BILL

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

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

    (a) Short Titles.--This Act may be cited as the ``Clear Law 
Enforcement for Criminal Alien Removal Act of 2025'' or the ``CLEAR Act 
of 2025''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short titles; table of contents.

Sec. 2. Definitions.

Sec. 3. Federal affirmation of assistance in the immigration law 
 enforcement by States and political 
 subdivisions of States.

Sec. 4. State authorization for assistance in the enforcement of 
 immigration laws encouraged.

Sec. 5. Listing of immigration violators in the National Crime 
 Information Center database.

Sec. 6. State and local law enforcement provision of information about 
 apprehended aliens.

Sec. 7. Financial assistance to State and local law enforcement 
 agencies that assist in the enforcement of 
 immigration laws.

Sec. 8. Increased Federal detention space.

Sec. 9. Federal custody of aliens unlawfully present in the United 
 States apprehended by State or local law 
 enforcement.

Sec. 10. Training of State and local law enforcement personnel relating 
 to the enforcement of immigration laws.

Sec. 11. Immunity.

Sec. 12. Institutional Removal Program.

Sec. 13. Authorization of appropriations.

Sec. 14. Severability.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Secretary.--The term ``Secretary'' means the Secretary 
 of Homeland Security.

    (2) State.--The term ``State'' has the meaning given such 
 term in 

section 101

    (a)

    (36) of the Immigration and Nationality 
 Act (8 U.S.C. 1101

    (a)

    (36) ).

SEC. 3. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW 
 ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF 
 STATES.

 Reaffirming the existing inherent authority of States, law 
enforcement personnel of a State, or of a political subdivision of a 
State, have the inherent authority of a sovereign entity to 
investigate, identify, apprehend, arrest, detain, or transfer to 
Federal custody aliens in the United States (including the 
transportation of such aliens across State lines to detention centers), 
for the purposes of assisting in the enforcement of the immigration 
laws of the United States in the course of carrying out routine duties. 
This State authority has never been displaced or preempted by Congress.

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

    (a) In General.--Beginning on the date that is 1 year after the 
date of the enactment of this Act, a State, or a political subdivision 
of a State, that has in effect a statute, policy, or practice that 
prohibits law enforcement officers of the State, or of a political 
subdivision of the State, from assisting or cooperating with Federal 
immigration law enforcement in the course of carrying out the officers' 
routine law enforcement duties may not receive any of the funds that 
would otherwise be allocated to the State under 

section 241
            (i) of the 
Immigration and Nationality Act (8 U.S.C. 1231
            (i) ).

    (b) Rule of Construction.--Nothing in this section may be construed 
to require law enforcement officials from States, or from political 
subdivisions of States, to report or arrest victims or witnesses of a 
criminal offense.
            (c) Reallocation of Funds.--Any funds that are not allocated to a 
State, or to a political subdivision of a State, due to the failure of 
such State, or of the political subdivision of such State, to comply 
with subsection

    (a) shall be reallocated to States, or to political 
subdivisions of States, that comply with such subsection.

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

    (a) Provision of Information to the National Crime Information 
Center.--

    (1) In general.--Not later than 180 days after the date of 
 the enactment of this Act and periodically thereafter as 
 updates may require, the Commissioner for U.S. Customs and 
 Border Protection shall provide the National Crime Information 
 Center of the Department of Justice with such information as 
 the Commissioner may possess regarding any aliens--
        (A) against whom a final order of removal has been 
 issued;
        (B) who have signed a voluntary departure 
 agreement;
            (C) who have overstayed their authorized period of 
 stay; or
            (D) whose visas have been revoked.

    (2) Immigration violators file.--The National Crime 
 Information Center shall enter all of the information received 
 pursuant to paragraph

    (1) into the Immigration Violators File 
 regardless of whether--
        (A) the alien concerned received notice of a final 
 order of removal;
        (B) the alien concerned has already been removed; 
 or
            (C) sufficient identifying information is available 
 with respect to the alien concerned.

    (b) Inclusion of Information in the NCIC Index.--

    (1) In general.--

Section 534

    (a) of title 28, United States 
 Code, is amended--
        (A) by redesignating paragraphs

    (4) and

    (5) as 
 paragraphs

    (5) and

    (6) , respectively; and
        (B) by inserting after paragraph

    (3) the following:
 ``

    (4) acquire, collect, classify, and preserve records of 
 violations by aliens of the immigration laws of the United 
 States, regardless of whether--
 ``
        (A) any such alien has received notice of any 
 such violation;
 ``
        (B) sufficient identifying information is 
 available with respect to any such alien; and
 ``
            (C) any such alien has already been removed from 
 the United States;''.

    (2) Effective date.--The Attorney General shall implement 
 the amendment made by paragraph

    (1) not later than 6 months 
 after the date of the enactment of this Act.

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

    (a) Provision of Information.--In compliance with 

section 642

    (a) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1373

    (a) ) and 

section 434 of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each 
State, and each political subdivision of a State, shall submit to the 
Secretary, in a timely manner, the information specified in subsection

    (b) with respect to each alien apprehended in the jurisdiction of the 
State, or of a political subdivision of the State, who is believed to 
be in violation of the immigration laws of the United States.

    (b) Information Required.--The information specified in this 
subsection is--

    (1) the alien's name;

    (2) the alien's address or place of residence;

    (3) a physical description of the alien;

    (4) the date, time, and location of the encounter with the 
 alien and reason for stopping, detaining, apprehending, or 
 arresting the alien;

    (5) if applicable--
        (A) the alien's driver's license number and the 
 State of issuance of such license;
        (B) the type of any other identification document 
 issued to the alien, the designation number contained 
 on the identification document, and the issuing entity 
 for the identification document; and
            (C) the license plate number, make, and model of 
 any automobile registered to, or driven by, the alien; 
 and

    (6) if available or readily obtainable--
        (A) a photo of the alien; and
        (B) the alien's fingerprints.
            (c) Annual Report.--The Secretary shall annually submit to Congress 
a detailed report listing the States, and the political subdivisions of 
States, that provided information pursuant to subsection

    (a) with 
respect to the preceding year.
            (d) Reimbursement.--The Secretary shall reimburse States, and 
political subdivisions of a State, for all reasonable costs, as 
determined by the Secretary, incurred by each State, and each political 
subdivision of a State, as a result of submitting the information 
required to be submitted pursuant to subsection

    (a) .

    (e) Rule of Construction.--Nothing in this section may be construed 
to require law enforcement officials of a State, or of a political 
subdivision of a State, to submit to the Secretary information related 
to a victim of a crime or witness to a criminal offense.

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

    (a) Grants for Special Equipment for Housing and Processing Certain 
Aliens.--The Secretary shall award grants to States and political 
subdivisions of States for the procurement of equipment, technology, 
facilities, and other products that facilitate and are directly related 
to investigating, apprehending, arresting, detaining, or transporting 
aliens who have violated the immigration laws of the United States, 
including additional administrative costs incurred to comply with the 
requirements under this Act.

    (b) Eligibility.--A State or political subdivision of a State 
desiring a grant under this section shall have the authority to assist, 
and shall have a written policy and practice of assisting, in the 
enforcement of the immigration laws of the United States in the course 
of carrying out the routine law enforcement duties of such State or 
political subdivision. Entities covered under this section may not have 
any policy or practice that prevents local law enforcement from 
inquiring about a suspect's immigration status.
            (c) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of funds distributed to States and political 
subdivisions of a State pursuant to subsection

    (a) .

SEC. 8. INCREASED FEDERAL DETENTION SPACE.

    (a) Construction or Acquisition of Detention Facilities.--

    (1) In general.--The Secretary shall construct or acquire, 
 in addition to existing facilities for the detention of aliens, 
 20 detention facilities in the United States, for aliens 
 detained pending removal from the United States or a decision 
 regarding such removal. Each facility shall have a sufficient 
 number of beds necessary to effectuate the purposes of this 
 Act.

    (2) Determinations.--The location of any detention facility 
 built or acquired pursuant to this subsection shall be 
 determined by the Assistant Director of the Custody Management 
 Division of the Enforcement and Removal Directorate.

    (b) Technical and Conforming Amendment.--

Section 241

    (g)

    (1) of the 
Immigration and Nationality Act (8 U.S.C. 1231

    (g)

    (1) ) is amended by 
striking ``may expend from the appropriation `Immigration and 
Naturalization Service--Salaries and Expenses','' and inserting ``shall 
expend from the appropriation `U.S. Immigration and Customs 
Enforcement--Operations and Support',''.

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

    (a) State Apprehension.--

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

section 240C the following:

``

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

 ``

    (a) Defined Term.--In this section, the term `alien who is 
unlawfully present in the United States' means an alien who--
 ``

    (1) entered the United States without inspection or at 
 any time, manner, or place not designated by the Secretary of 
 Homeland Security;
 ``

    (2) was admitted as a nonimmigrant and who, at the time 
 the alien was taken into custody by the State, or a political 
 subdivision of the State, failed--
 ``
        (A) to maintain the nonimmigrant status in which 
 the alien was admitted or to which it was changed 
 pursuant to 

section 248; or
 ``
        (B) to comply with the conditions of any such 
 status;
 ``

    (3) was admitted as an immigrant and subsequently failed 
 to comply with the requirements of such status; or
 ``

    (4) failed to depart the United States under a voluntary 
 departure agreement or under a final order of removal.
 ``

    (b) Transfer of Custody by State and Local Officials.--If a 
State, or a political subdivision of the State, exercising authority 
with respect to the apprehension or arrest of an alien who is 
unlawfully present in the United States, submits to the Secretary of 
Homeland Security a request that such alien be taken into Federal 
custody, the Secretary--
 ``

    (1) not later than 48 hours after the conclusion of the 
 State, or the political subdivision of a State, charging 
 process or dismissal process, or if no State or political 
 subdivision charging or dismissal process is required, not 
 later than 48 hours after the alien is apprehended, shall take 
 the alien into the custody of the Federal Government and 
 incarcerate the alien; or
 ``

    (2) shall request that the relevant State or local law 
 enforcement agency temporarily incarcerate or transport the 
 alien for transfer to Federal custody.
 ``
            (c) Policy on Detention in State and Local Detention 
Facilities.--In carrying out 

section 241

    (g)

    (1) , the Attorney General or 
the Secretary of Homeland Security shall ensure that an alien arrested 
pursuant to this Act is detained, pending the alien being taken for an 
examination under this section, in a State or local prison, jail, 
detention center, or other comparable facility. Such a facility is 
adequate for detention if--
 ``

    (1) the facility is the most suitably located Federal, 
 State, or local facility available for such purpose under the 
 circumstances;
 ``

    (2) an appropriate arrangement for such use of the 
 facility can be made; and
 ``

    (3) the facility satisfies the standards for the housing, 
 care, and security of persons held in custody of a United 
 States marshal.
 ``
            (d) Reimbursement.--
 ``

    (1) In general.--The Secretary of Homeland Security shall 
 reimburse States and political subdivisions of a State for all 
 reasonable expenses, as determined by the Secretary, incurred 
 by the State, or political subdivision as a result of the 
 incarceration and transportation of an alien who is unlawfully 
 present in the United States.
 ``

    (2) Calculation.--Compensation provided pursuant to 
 paragraph

    (1) shall be equal to the sum of--
 ``
        (A) the average cost of incarceration of a 
 prisoner in the relevant State for the period the alien 
 was incarcerated, as determined by the chief executive 
 officer of a State, or of a political subdivision of a 
 State; and
 ``
        (B) the cost of transporting the alien from the 
 point of apprehension to the place of detention, and to 
 the custody transfer point if the place of detention 
 and the place of custody are different.
 ``

    (e) Secure Facilities.--The Secretary of Homeland Security shall 
ensure that aliens incarcerated in Federal facilities pursuant to this 
section are held in facilities that provide an appropriate level of 
security.
 ``

    (f) Transfer.--
 ``

    (1) In general.--In carrying out this section, the 
 Secretary of Homeland Security shall establish a regular 
 circuit and schedule for the prompt transfer of apprehended 
 aliens from the custody of States and political subdivisions of 
 a State to Federal custody.
 ``

    (2) Contracts.--The Secretary of Homeland Security may 
 enter into contracts, including appropriate private contracts, 
 to implement this subsection.''.

    (2) Clerical amendment.--The table of contents of the 
 Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
 amended by inserting after the item relating to 

section 240C 
 the following:

``

Sec. 240D. Custody of aliens unlawfully present in the United 
 States.''.

    (b) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of compensation to States and political 
subdivisions of a State for the incarceration of aliens unlawfully 
present in the United States under 

section 240D of the Immigration and 
Nationality Act, as added by subsection

    (a)

    (1) .

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

    (a) Establishment of Training Manual and Pocket Guide.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary shall develop--

    (1) a manual to train law enforcement personnel of a State, 
 or of a political subdivision of a State, on the investigation, 
 identification, apprehension, arrest, detention, and transfer 
 to Federal custody of aliens unlawfully present in the United 
 States (including the transportation of such aliens across 
 State lines to detention centers and the identification of 
 fraudulent documents); and

    (2) an immigration enforcement pocket guide for law 
 enforcement personnel of a State, or of a political subdivision 
 of a State, to provide a quick reference for such personnel in 
 the course of carrying out their duties.

    (b) Availability.--The training manual and pocket guide developed 
pursuant to subsection

    (a) shall be made available to all State and 
local law enforcement personnel.
            (c) Costs.--The Secretary shall be responsible for any costs 
incurred in developing the training manual and pocket guide pursuant to 
subsection

    (a) .
            (d) Rule of Construction.--Nothing in this section may be construed 
to require State or local law enforcement personnel to carry the 
training manual or pocket guide with them while on duty.

    (e) Training Flexibility.--

    (1) In general.--The Secretary shall make training of State 
 and local law enforcement officers available through as many 
 means as possible, including through--
        (A) residential training at the Center for Domestic 
 Preparedness of the Federal Emergency Management 
 Agency;
        (B) onsite training held at State or local police 
 agencies or facilities;
            (C) online training courses by computer, 
 teleconferencing, and videotape; or
            (D) training courses made available on DVD.

    (2) E-learning.--Not later than 120 days after the date of 
 the enactment of this Act, the Secretary shall ensure that--
        (A) an e-learning portal is made available through 
 the Federal Law Enforcement Training Center's 
 Distributed Learning Program to train State and local 
 law enforcement officers through a secure, encrypted 
 distributed learning system; and
        (B) the system described in subparagraph
        (A) is 
 scalable and survivable and has all its servers based 
 in the United States.

    (3) Priority.--In carrying out this section, priority 
 funding shall be given for existing web-based immigration 
 enforcement training systems.

    (4) Federal personnel training.--The training of State and 
 local law enforcement personnel under this section shall not 
 displace the training of Federal personnel.

    (5) Savings provision.--Nothing in this Act or in any other 
 provision of law may be construed as making any immigration-
 related training a requirement for, or prerequisite to, any 
 State or local law enforcement officer assisting in the 
 enforcement of Federal immigration laws in the normal course of 
 carrying out the law enforcement duties of such officers.

SEC. 11. IMMUNITY.

    (a) Personal Immunity.--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. 12. INSTITUTIONAL REMOVAL PROGRAM.

    (a) Continuation and Expansion.--

    (1) In general.--The Secretary shall continue to operate 
 and implement the program known as the Institutional Removal 
 Program, which--
        (A) identifies removable criminal aliens in Federal 
 and State correctional facilities;
        (B) ensures such aliens are not released into the 
 community; and
            (C) removes such aliens from the United States 
 after the completion of their respective sentences.

    (2) Expansion.--The Institutional Removal Program shall be 
 extended to all States. Any State that receives Federal funds 
 for the incarceration of criminal aliens shall--
        (A) cooperate with officials of the Institutional 
 Removal Program;
        (B) expeditiously and systematically identify all 
 criminal aliens in its prison and jail populations; and
            (C) promptly convey such information to officials 
 of the Institutional Removal Program as a condition of 
 receiving such Federal funds.

    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State, or of a 
political subdivision of a State, may--

    (1) hold a criminal alien for a period of up to 14 days 
 after the alien has completed the alien's State prison sentence 
 in order to effectuate the transfer of the alien to Federal 
 custody when the alien is removable or not lawfully present in 
 the United States; or

    (2) issue a detainer that would allow aliens who have 
 served a State prison sentence to be detained by the State 
 prison until personnel from U.S. Immigration and Customs 
 Enforcement can take such alien into custody.
            (c) Technology Usage.--Technology, such as video conferencing, 
shall be used to the maximum extent practicable to make the 
Institutional Removal Program available in remote locations. Mobile 
access to Federal databases of aliens, such as IDENT, and live scan 
technology shall be used, to the maximum extent practicable, to make 
such resources available to State and local law enforcement agencies in 
remote locations.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Department of Homeland Security, for fiscal year 2025, and for each 
subsequent fiscal year, such sums as may be necessary to carry out this 
Act.

    (b) State Criminal Alien Assistance Program.--

Section 241
            (i) (5) of 
the Immigration and Nationality Act (8 U.S.C. 1231
            (i) (5) ) is amended to 
read as follows:
 ``

    (5) Authorization of appropriations.--There are 
 authorized to be appropriated to carry out this subsection such 
 sums as may be necessary for fiscal year 2025 and for each 
 subsequent fiscal year.''.

SEC. 14. SEVERABILITY.

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