[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 842 Introduced in House (IH)]
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. 11. Immunity.
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:
(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, 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.
(a) State Apprehension.--
(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--
``(1) shall--
``(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.
``(e) 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 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.''.
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