Text: H.R.2671 — 108th Congress (2003-2004)All Information (Except Text)

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Introduced in House (07/09/2003)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 2671 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 2671

 To provide for enhanced Federal, State, and local enforcement of the 
                 immigration laws of the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 9, 2003

Mr. Norwood (for himself, Mr. Boyd, Ms. Hart, and Mr. Deal of Georgia) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for enhanced Federal, State, and local enforcement of the 
                 immigration laws of the United States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Clear Law Enforcement for Criminal 
Alien Removal Act of 2003'' or the ``CLEAR Act of 2003''.

    TITLE I--ENHANCING FEDERAL, STATE, AND LOCAL ENFORCEMENT OF THE 
                            IMMIGRATION LAWS

SEC. 101. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES 
              AND POLITICAL SUBDIVISIONS OF STATES.

    Notwithstanding any other provision of law and reaffirming the 
existing general authority, law enforcement personnel of a State or a 
political subdivision of a State are fully authorized to investigate, 
apprehend, detain, or remove aliens in the United States (including the 
transportation of such aliens across State lines to detention centers), 
in the enforcement of the immigration laws of the United States.

SEC. 102. STATE AUTHORIZATION FOR ENFORCEMENT OF FEDERAL 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 fails 
to have in effect a statute that expressly authorizes law enforcement 
officers of the State, or of a political subdivision within the State, 
to enforce Federal immigration laws in the course of carrying out the 
officer's 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) Reallocation of Funds.--Any funds that are not allocated due to 
failure to comply with this section shall be reallocated to States that 
comply with this section.

SEC. 103. ESTABLISHMENT OF CRIMINAL PENALTIES AND FORFEITURE FOR ALIENS 
              UNLAWFULLY PRESENT IN THE UNITED STATES, ENHANCEMENT OF 
              CRIMINAL AND CIVIL PENALTIES FOR ALIENS WHO ILLEGALLY 
              ENTER THE UNITED STATES, AND STATE AND LOCAL ENTITLEMENT 
              TO CIVIL PENALTIES COLLECTED DUE TO STATE AND LOCAL 
              IMMIGRATION LAW ENFORCEMENT AND APPREHENSION OF 
              VIOLATORS.

    (a) Aliens Unlawfully Present.--The Immigration and Nationality Act 
is amended by adding after section 275 the following new section:

``criminal penalties and forfeiture for unlawful presence in the united 
                                 states

    ``Sec. 275A. Any alien present in the United States in violation of 
this Act shall be fined under title 18, United States Code, imprisoned 
not more than one year, or both. The assets of any alien present in the 
United States in violation of this Act shall be subject to forfeiture 
under title 18, United States Code.''.
    (b) Increase in Criminal Penalties for Illegal Entry.--Section 
275(a) of the Immigration and Nationality 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 the 
Immigration and Nationality Act (8 U.S.C. 1325(b)) is amended to read 
as follows:
    ``(b)(1) Any alien described in paragraph (2) shall be subject to a 
civil penalty of--
            ``(A) $500 for the first violation;
            ``(B) $2,500 in the case of an alien who has been once 
        previously subject to a civil penalty under this subsection;
            ``(C) $5,000 in the case of an alien who has been twice 
        previously subject to a civil penalty under this subsection; 
        and
            ``(D) $10,000 in the case of an alien who has been three or 
        more times previously subject to a civil penalty under this 
        subsection.
    ``(2)(A) An alien described--
            ``(i) is apprehended while entering (or attempting to 
        enter) the United States at a time or place other than as 
        designated by immigration officers;
            ``(ii) enters the United States without inspection;
            ``(iii) fails to depart the United States within 30 days 
        after the expiration of a nonimmigrant visa or a voluntary 
        departure agreement and is not in other lawful status; or
            ``(iv) fails to depart the United States within 30 days 
        after a final order of removal and is not in other lawful 
        status.
            ``(B) In the case of an alien described in subparagraph 
        (A)(iv) who fails to depart the United States within 30 days 
        after a final order of removal, the alien shall be subject to 
        civil penalties under this subsection that are 5 times the 
        amounts set forth under paragraph (1).
    ``(3) 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) Increase in Civil Penalties for Failure To Depart.--Section 
274D(a) of the Immigration and Nationality Act (8 U.S.C. 1324d(a)) is 
amended by striking ``not more than''.
    (e) Forfeiture for Failure To Depart for More Than One Year.--
Section 274D of the Immigration and Nationality Act (8 U.S.C. 1324d) is 
amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Forfeiture for Long-Term Failure To Depart.--The assets of 
any alien in violation of subsection (a) for more than one year shall 
be subject to forfeiture under title 18, United States Code.''.
    (f) Payment of Civil Penalties When Illegal Aliens Apprehended by 
State and Local Law Enforcement.--Section 280 of the Immigration and 
Nationality Act (8 U.S.C. 1330) is amended by adding at the end the 
following:
    ``(c) Notwithstanding any other provision of law, half of the 
amounts deposited in the Immigration Enforcement Account from the 
payment of any civil penalties or asset forfeiture collected under 
section 274D, 275, or 276 as a result of the apprehension of a violator 
by law enforcement officials of a State or a political subdivision of a 
State shall be paid to the appropriate law enforcement agency of a 
State or a political subdivision of a State responsible for the 
apprehension of the violator.''.
    (g) Permission To Depart Voluntarily.--Section 240B(a)(2)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1229c(a)(2)(A)) is amended by 
striking ``120'' and inserting ``30''.

SEC. 104. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--Within 180 days after 
the date of the enactment of this section, the Director of 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 Commissioner may have on any 
person who has violated any immigration law of the United States.
    (b) Inclusion of Information in the NCIC Database.--Section 534(a) 
of title 28, United States Code, is amended by redesignating paragraph 
(4) as paragraph (5) and inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States; and''.

SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION 
              ABOUT APPREHENDED ILLEGAL ALIENS.

            (a) In General.--Every state or locality must have a policy 
        that requires the State or entity (as applicable) to provide to 
        the Department of Justice and the Department of Homeland 
        Security the information under subsection (b) on each alien in 
        violation of the immigration laws of the United States 
        apprehended in the jurisdiction. Information required by this 
        subsection shall be provided not later than 10 days after the 
        alien was encountered within such jurisdiction and shall be 
        provided in such form and in such manner as the Attorney 
        General may by regulation or guideline require. Failure to have 
        such a policy and practice by any State or locality shall 
        result in ineligibility for funds under section 241(i) of the 
        Immigration and Nationality Act until such a policy is 
        implemented.
    (b) Information Required.--The information required by 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) Incomplete Reporting.--If the Attorney General finds that a 
State or a political subdivision of a State engages in a pattern or 
practice of submission of incomplete information under subsection (b) 
or noncompliance under subsection (a), the Attorney General shall 
notify the State or political subdivision of a State of such finding 
(and detail the instances and areas of deficiency). Not later than 30 
days after a notification under this paragraph, the State or political 
subdivision of a State shall submit to the Attorney General a detailed 
written response to the notification (which addresses each instance and 
area of deficiency under the notification) and a detailed plan for 
correcting any deficiencies in the submission of such information.

SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT 
              ENFORCE IMMIGRATION LAWS.

    (a) Grants for Special Equipment for Housing and Processing Illegal 
Aliens.--From amounts made available to make grants under this section, 
the Attorney General shall make grants to local law enforcement 
agencies for procurement of equipment, technology, facilities, and 
other products that facilitate and are directly related to housing and 
processing illegal aliens in custody for immigration law violations, 
including additional administrative costs incurred under this Act.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, the local law enforcement agency must have the authority to, 
and have in effect the policy and practice to, enforce Federal 
immigration laws in the course of carrying out such agency's law 
enforcement duties.
    (c) Funding.--There is authorized to be appropriated for grants 
under this section $1,000,000,000 for each fiscal year.

SEC. 107. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR 
              LOCAL LAW ENFORCEMENT.

    (a) Amendment to Immigration and Nationality Act.--The Immigration 
and Nationality Act is amended by adding after section 240C the 
following new section:

                      ``custody of illegal aliens

    ``Sec. 240D.
    ``(a) If the chief executive officer of a State (or, if 
appropriate, a political subdivision of the State) exercising authority 
with respect to the apprehension of an illegal alien submits a request 
to the Attorney General or the Secretary of the Department of Homeland 
Security, the Attorney General or Secretary shall--
            ``(1) enter into a contractual arrangement which provides 
        for compensation to the State or a political subdivision of the 
        State, as may be appropriate, with respect to the incarceration 
        of the illegal alien;
            ``(2) take the illegal alien into the custody of the 
        Federal Government and incarcerate the alien; or
            ``(3) designate a Federal, State, or local prison or jail 
        or a private contracted prison or detention facility within a 
        region as the central facility for that region to maintain 
        custody of the criminal or illegal aliens.''.
    ``(b) Compensation under subsection (a)(1) 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).
    ``(c) For purposes of this section, the term `illegal alien' means 
an alien who--
            ``(1) entered the United States without inspection or at 
        any time or place other than as designated by the Attorney 
        General or the Secretary of the Department of Homeland 
        Security;
            ``(2) was admitted as a nonimmigrant and at the time he or 
        she was taken into custody by the State or a political 
        subdivision of the State has failed to maintain the 
        nonimmigrant status in which the alien was admitted or to which 
        it was changed under section 248, or to comply with the 
        conditions of any such status; or
            ``(3) failed to depart the United States under a voluntary 
        departure agreement or under a final order of removal.
    ``(d) The Attorney General or the Secretary of the Department of 
Homeland Security shall ensure that undocumented aliens incarcerated in 
Federal facilities pursuant to this subsection are held in facilities 
which provide an appropriate level of security.
    ``(e) In carrying out this section, the Attorney General or the 
Secretary of the Department of Homeland Security will establish a 
regular circuit and schedule for the prompt collection of apprehended 
undocumented aliens from the custody of States and political 
subdivisions of States to Federal custody. The Attorney General or the 
Secretary of the Department of Homeland Security is authorized to enter 
into contracts to implement this subsection.
    ``(f) Notwithstanding any other provision of this Act or any other 
law, one-third of immigrant and nonimmigrant visa fees and adjustment 
of status fees, as designated by the Attorney General or the Secretary 
of the Department of Homeland Security in regulations, shall be 
deposited as offsetting receipts into a separate account entitled 
`State and Local Immigration Law Enforcement Fee Account' in the 
Treasury of the United States. The Attorney General or the Secretary of 
the Department of Homeland Security shall set all such fees at a level 
that will ensure receipt of amounts sufficient to pay the full costs of 
carrying out the provisions of this section, the full costs of 
processing visas, and a significant portion of the costs of Federal 
enforcement of immigration violations. Amounts deposited into the fee 
account shall be available, without further appropriation, to the 
Attorney General or the Secretary of the Department of Homeland 
Security to carry out the provisions of this section. All deposits into 
the fee account shall remain available until expended.''.
    (b) GAO Audit.--Not later than 3 years after the date of the 
enactment of this Act, the General Accounting Office 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 amended by subsection (a)).

SEC. 108. ESTABLISHMENT OF PROCESS FOR CLAIMS BY STATES AND LOCALITIES 
              AGAINST THE FEDERAL GOVERNMENT FOR FAILURE TO FACILITATE 
              THE COOPERATION OF STATES AND LOCALITIES IN THE 
              ENFORCEMENT OF THE IMMIGRATION LAWS OF THE UNITED STATES.

    (a) Claims by States and Localities Against the Federal Government 
for Failure To Cooperate in the Enforcement of the Immigration Laws.--
            (1) In general.--A State or a political subdivision of a 
        State adversely affected may file a claim against any Federal 
        agency for failure to cooperate with a State or a political 
        subdivision of a State to enforce or comply in a reasonable 
        manner with certain enforcement provisions of the immigration 
        laws of the United States relating to the identification, 
        apprehension, arrest, detention, and removal of aliens who are 
        in violation of the immigration laws.
            (2) Adjudication of claims.--Claims under this section 
        shall be filed only with the administrative law judge 
        established under subsection (b). Claims under this section 
        shall be adjudicated only by such judge. The validity and 
        appropriateness of the decision of the judge may be appealed 
        only to the Attorney General or the Secretary of the Department 
        of Homeland Security and shall not be subject to judicial 
        review.
            (3) Administrative procedure act.--Except as otherwise 
        provided, the Administrative Procedure Act shall apply to the 
        adjudication of claims under this section.
            (4) Fines.--
                    (A) The appropriate Federal agency shall be fined 
                $1,000 for each instance of nonenforcement determined 
                to be valid in a decision by the judge on a claim.
                    (B) In addition to fines under subparagraph (A), if 
                in a decision on any claim the judge determines that a 
                Federal agency has entered into a pattern or practice 
                of nonenforcement of, or noncompliance with a State or 
                local law enforcement agency's enforcement of, the 
                immigration laws, that Federal Agency shall be fined 
                $10,000.
            (5) Payment of fines.--
                    (A) Notwithstanding any other provision of law, 
                only amounts deposited into the Immigration Examination 
                Fee Account (under section 286(m) of the Immigration 
                and Nationality Act) shall be available to the Attorney 
                General or the Secretary of the Department of Homeland 
                Security for the payment of fines levied against a 
                Federal agency under this section.
                    (B) Fines levied against a Federal agency pursuant 
                to this section shall be paid to the State or political 
                subdivision of the State that brought the claim for 
                noncooperation not later than 90 days after the entry 
                of a final judgment.
                    (C) The Attorney General or the Secretary of the 
                Department of Homeland Security is authorized to 
                increase the amount of any of the adjudication fees 
                designated by the Attorney General or the Secretary of 
                the Department of Homeland Security under section 
                286(m) of the Immigration and Nationality Act in order 
                to ensure that funds sufficient for the payment of 
                fines pursuant to this section are available. 
                Notwithstanding any other provision of law, amounts in 
                the Immigration Examination Fee Account shall be 
                available without further appropriation or fiscal year 
                limitation.
    (b) Establishment of Administrative Law Judge for Federal, State, 
and Local Immigration Law Enforcement Cooperation.--There is 
established within the Department of Justice the position of 
Administrative Law Judge for Federal, State, and Local Immigration Law 
Enforcement Cooperation (hereafter in this section referred to as the 
``judge'').

SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL 
              RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Establishment of Training Manual.--Not later than 180 days 
after the date of the enactment of this Act, the Attorney General or 
the Secretary of the Department of Homeland Security shall establish a 
training manual for law enforcement personnel of a State or a political 
subdivision of a State that has in effect a statute under section 102 
or a policy under section 105 to train such personnel in the 
investigation, identification, apprehension, arrest, detention, and 
removal of aliens in the United States (including the transportation of 
such aliens across State lines to detention centers and identification 
of fraudulent documents).
    (b) Administration.--
            (1) The Attorney General or Secretary may charge a fee for 
        training under subsection (a) which is not more than half the 
        actual costs of such training.
            (2) The training of State and local law enforcement 
        personnel under this section shall not displace or otherwise 
        adversely affect the training of Federal personnel.
    (c) Training Flexibility.--The Department of Justice or the 
Department of Homeland Security shall make such training of State and 
local law enforcement officers available through as many means as 
possible, including but not limited to residential training at a 
Federal facility, on-site training held at a State or local police 
agency or facility, online training courses by computer, 
teleconferencing, and videotape or DVD of a training course or courses.
    (d) 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 enforce Federal immigration laws in the normal course of 
carrying out their law enforcement duties.

SEC. 110. IMMUNITY.

    (a) Personal Immunity.--Notwithstanding any other provision of law, 
a law enforcement officer of a Federal, State, or local law enforcement 
agency shall be immune from personal liability arising out of the 
enforcement of any immigration law if the officer is acting within the 
scope of his or her official duties.
    (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. 111. PLACES OF DETENTION FOR ALIENS ARRESTED PENDING EXAMINATION 
              AND DECISION ON REMOVAL.

    Section 241(g) of the Immigration and Nationality Act (8 U.S.C. 
1231(g)) is amended by adding at the end the following:
            ``(3) Policy on detention in state and local detention 
        facilities.--In carrying out paragraph (1), the Attorney 
        General or Secretary of the Department of Homeland Security 
        shall ensure that an alien arrested under this Act shall be 
        detained, pending the alien's being taken for the examination 
        described in such 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--
                    ``(A) such a facility is the most suitably located 
                Federal, State, or local facility available for such 
                purpose under the circumstances;
                    ``(B) an appropriate arrangement for such use of 
                the facility can be made; and
                    ``(C) such facility satisfies the standards for the 
                housing, care, and security of persons held in custody 
                of a United States marshal.''.

SEC. 112. INSTITUTIONAL REMOVAL PROGRAM.

    (a) Continuation and Expansion.--The Department of Justice and the 
Department of Homeland Security shall continue to operate and implement 
the program known as the Institutional Removal Program (IRP) which 
identifies removable criminal aliens in Federal and State correctional 
facilities, ensures such aliens are not released into the community, 
and removes such aliens from the United States after the completion of 
their sentences. The Institutional Removal Program shall be extended to 
all States. Any State that receives Federal funds for the incarceration 
of criminal aliens shall cooperate with Federal Institutional Removal 
Program officials, expeditiously and systematically identify criminal 
aliens in its prison and jail populations, and promptly convey such 
information to Federal IRP authorities as a condition for receiving 
such funds.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the Institutional Removal Program $10,000,000 
for the fiscal year 2004, $20,000,000 for the fiscal year 2005, 
$30,000,000 for the fiscal year 2006, $40,000,000 for the fiscal year 
2007, $50,000,000 for the fiscal year 2008, $60,000,000 for the fiscal 
year 2009, $70,000,000 for the fiscal year 2010, and $80,000,000 for 
the fiscal year 2011.
    (c) Technology Usage.--Technology such as videoconferencing shall 
be used to the maximum extent possible in order to make 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.

SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) 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 ``and $1,000,000,000 
for each of the subsequent fiscal years''.
    (b) Authorization of Appropriations for the Detention and Removal 
of Aliens Not Lawfully Present.--There are authorized to be 
appropriated for each fiscal year $500,000,000 for the detention and 
removal of aliens not lawfully present in the United States under the 
Immigration and Nationality Act.
    (c) In General.--There are authorized to be appropriated such sums 
as may be necessary to carry out all of title I.
                                 <all>