[Pages S188-S190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 51. Mrs. BLACKBURN submitted an amendment intended to be proposed 
by her to the bill S. 5, to require the Secretary of Homeland Security 
to take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end of the bill, add the following:

     SEC. 4. SHORT TITLES.

       Sections 4 through 17 of this Act may be cited as the 
     ``Clear Law Enforcement for Criminal Alien Removal Act of 
     2025'' or the ``CLEAR Act''.

     SEC. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. INCREASED FEDERAL DETENTION SPACE.

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

[[Page S189]]

       (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'' and inserting ``shall 
     expend''.

     SEC. 12. 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. 13. 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. 14. 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. 15. 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--

[[Page S190]]

       (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. 16. 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 sections 4 through 15 of 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. 17. 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.
                                 ______