[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1927 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1927
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 HOUSE OF REPRESENTATIVES
March 6, 2025
Mr. Issa (for himself, Mr. Crane, Mr. Gooden, Mr. Haridopolos, and Mr.
Feenstra) 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, 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.
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