Clear Law Enforcement for Criminal Alien Removal Act of 2005 or CLEAR Act of 2005 - States that: (1) state and local law enforcement personnel are fully authorized to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws; and (2) a state that does not have a statute permitting enforcement of federal immigration laws within two years of enactment of this Act shall not receive certain federal incarceration assistance.
Amends the Immigration and Nationality Act with respect to illegal aliens to: (1) establish criminal penalties for aliens unlawfully present in the United States; (2) increase specified criminal penalties for illegal entry and failure to depart violations; and (3) expand the scope of, and increase, civil penalties for improper entry or failure to depart.
Provides for the listing of immigration violators in the National Crime Information Center database.
Encourages states and localities to provide the Department of Homeland Security with specified information about apprehended illegal aliens. Provides federal reimbursement for related State and local costs. (States that such provision shall not require state or local enforcement officials to provide the Department with information related to a victim of a crime or witness to a criminal offense.)
Directs the Secretary of Homeland Security to make grants to states and political subdivisions that enforce immigration laws in the course of their routine law enforcement duties for special equipment and facilities related to arresting, detaining, or transporting illegal aliens.
Directs the Secretary to: (1) construct or acquire 20 additional detention facilities for aliens detained pending removal (or a decision on removal); and (2) consider the transfer of military installations under base closure laws for such purposes.
Amends the Immigration and Nationality Act with respect to illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local request; and (2) state or local compensation for related incarceration and transportation costs.
States with respect to an alien subject to removal that the Attorney General or Secretary shall ensure such alien's detention in an adequate (as defined by this Act) state or local prison, detention center, or other comparable facility prior to his or her removal examination.
Directs the Secretary to establish immigration-related training for state and local personnel.
Provides: (1) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties under this Act; and (2) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement.
States that the Department shall continue to operate the institutional removal program (IRP), which shall be expanded to all states.
Authorizes state or local detention of an illegal alien after completion of such alien's prison sentence for: (1) up to 14 days to facilitate federal transfer; or (2) until transfer to the U.S. Immigration and Customs Enforcement.
Amends the Immigration and Nationality Act to permanently authorize appropriations for the state criminal alien assistance program (SCAAP).
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3137 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3137
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
June 30, 2005
Mr. Norwood (for himself, Mr. Boyd, Mr. Hyde, Mr. Coble, Mr. Smith of
Texas, Mr. Jenkins, Mr. Bachus, Mr. McIntyre, Mr. Gallegly, Mr.
Hostettler, Mr. Issa, Mr. Forbes, Mr. King of Iowa, Mr. Franks of
Arizona, Mr. Westmoreland, Mr. Gingrey, Mr. Price of Georgia, Mr.
Kingston, Mr. Deal of Georgia, Mr. Linder, Mr. Sullivan, Mr. Garrett of
New Jersey, Mr. Hayworth, Mr. Royce, Mr. Bass, Ms. Hart, Mr. Duncan,
Mr. Jones of North Carolina, Mr. McCaul of Texas, Mr. Gary G. Miller of
California, Mr. Culberson, Mr. Simpson, Mrs. Musgrave, Mr. Burton of
Indiana, Mr. Otter, Mr. Hoekstra, Mrs. Myrick, Mr. Lewis of Kentucky,
Mrs. Kelly, Mr. Pitts, Mr. Ford, Mr. Keller, Mr. Weldon of Florida, Mr.
Graves, and Mr. Goode) 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 2005'' or ``CLEAR Act of
2005''.
(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 illegal 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 illegal aliens 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 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 the Congress.
SEC. 3. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF
IMMIGRATION LAWS ENCOURAGED.
(a) In General.--Effective 2 years after the date of the enactment
of this Act, a State (or 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 within 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 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 political subdivision of a State due to the failure of the
State to comply with subsection (a) shall be reallocated to States that
comply with such subsection.
SEC. 4. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN
THE UNITED STATES.
(a) Aliens Unlawfully Present.--
(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 guilty of a felony and shall be fined under title 18, United
States Code, imprisoned not less than 1 year and a day, 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 ``1 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 been once
previously been subject to a civil penalty under this
subsection;
``(C) $2,500 in the case of an alien who has been twice
previously been subject to a civil penalty under this
subsection; or
``(D) $5,000 in the case of an alien who has been three or
more times previously been subject to a civil penalty under
this subsection.
``(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 5 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, 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
have on any and all aliens against whom a final order of removal has
been issued, any and all aliens who have signed a voluntary departure
agreement, any and all aliens who have overstayed their authorized
period of stay, and any and all aliens whose visas have been revoked.
Such information shall be provided to the National Crime Information
Center, and 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 received notice of a final order of removal;
(2) the alien has already been removed; or
(3) sufficient identifying information is available on 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 or whether sufficient identifying information is
available on the alien and even if the alien has already been
removed; and''.
SEC. 6. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION ABOUT
APPREHENDED ILLEGAL 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
Department of Homeland Security in a timely manner with the information
listed in subsection (b) on each alien apprehended in the jurisdiction
of the State or political subdivision who is believed to be in
violation of the immigration laws of the United States.
(b) Information Required.--The information listed in this
subsection 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
political subdivisions of States that are providing information under
subsection (a).
(d) Reimbursement.--The Department of Homeland Security shall
reimburse States and political subdivisions of a State for all
reasonable costs, as determined by the Secretary of Homeland Security,
incurred by that State or political subdivision as a result of
providing information under this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated 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 political subdivision of a State to
provide the Department 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 Illegal
Aliens.--From amounts made available to make grants under this section,
the Secretary of Homeland Security shall make grants to States and
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 immigration law violators, including additional
administrative costs incurred under this Act.
(b) Eligibility.--To be eligible to receive a grant under this
section, a State or 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 such agency's routine law enforcement duties.
(c) Funding.--There is authorized to be appropriated for grants
under this section $1,000,000,000 for each fiscal year.
(d) 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 States 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 or a decision on removal of such alien
from the United States.
(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 the U.S. 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 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 ILLEGAL ALIENS 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 illegal aliens
``Sec. 240D. (a) Transfer of Custody by State and Local
Officials.--If 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 of Homeland Security--
``(1) shall--
``(A) not later than 48 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 48 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 incarcerate or transport
the illegal 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 the criminal or illegal 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 States for all
reasonable expenses, as determined by the Secretary, incurred by the
State or political subdivision in the incarceration and transportation
of an illegal alien 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, as appropriate, a political subdivision of the State) plus
the cost of transporting the criminal or illegal 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 illegal 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
illegal aliens from the custody of States and political
subdivisions of States to Federal custody.
``(2) Contracts.--The Secretary of Homeland Security may
enter into contracts, including appropriate private contracts,
to implement this subsection.
``(f) Definition.--For purposes of this section, the term `illegal
alien' 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 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
this Act for fiscal year 2006 and each subsequent fiscal year.''.
(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 illegal aliens.''.
(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 States for the incarceration of illegal aliens under
section 240D(a) of the Immigration and Nationality Act (as inserted 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 political subdivision of a State to train such
personnel in the investigation, identification, apprehension,
arrest, detention, and transfer to Federal custody of aliens 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 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 established under subsection (a)(2) with them
while on duty.
(d) Costs.--The Department of Homeland Security shall be
responsible for any and all costs incurred in establishing the training
manual and pocket guide under subsection (a).
(e) Training Flexibility.--
(1) In general.--The Department of Homeland Security shall
make training of State and local law enforcement officers
available through as many means as possible, including
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 within 30 days, 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 their normal law enforcement duties.
(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:
``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 that 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 Department 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 for receiving such
funds.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State or political
subdivision of a State have the authority to--
(1) hold an illegal 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 the U.S. 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 possible in order to make the
Institutional Removal Program (IRP) 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) $100,000,000 for fiscal year 2007;
(2) $115,000,000 for fiscal year 2008;
(3) $130,000,000 for fiscal year 2009;
(4) $145,000,000 for fiscal year 2010; and
(5) $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 by inserting before the period at the end the
following: ``and $1,000,000,000 for each subsequent fiscal year''.
<all>
Sponsor introductory remarks on measure. (CR H5078)
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
Sponsor introductory remarks on measure. (CR H8067)
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line