,i #aacth ,,congress #ast ,session ,h4 ,r4 #bbfd ,,in ,,the ,,house ,,of ,,representatives ,june #e1 #bjac ,mrs4 ,blackburn introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for enhanced ,federal1 ,state1 and local assistance in the enforcement of the immigration laws1 to amend the ,immigration and ,nationality ,act1 to authorize appropriations to carry out the ,state ,criminal ,alien ,assistance ,program1 and for other purposes4 #a4 ,short title2 table of contents2 ,state defined2 severability 7a7 ,short title ,this ,act may be cited as the ,clear ,law ,enforcement for ,criminal ,alien ,removal ,act of #bjac or the ,,clear ,act of #bjac4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 ,state defined2 severability4 ,sec4 #b4 ,federal affirmation of assistance in the immigration law enforcement by ,states and political subdivisions of ,states4 ,sec4 #c4 ,state authorization for assistance in the enforcement of immigration laws encouraged4 ,sec4 #d4 ,listing of immigration violators in the ,national ,crime ,information ,center database4 ,sec4 #e4 ,state and local law enforcement provision of information about apprehended aliens4 ,sec4 #f4 ,financial assistance to ,state and local police agencies that assist in the enforcement of immigration laws4 ,sec4 #g4 ,increased ,federal detention space4 ,sec4 #h4 ,federal custody of aliens unlawfully present in the ,united ,states apprehended by ,state or local law enforcement4 ,sec4 #i4 ,training of ,state and local law enforcement personnel relating to the enforcement of immigration laws4 ,sec4 #aj4 ,immunity4 ,sec4 #aa4 ,institutional removal program 7,,irp74 ,sec4 #ab4 ,state criminal alien assistance program 7,,scaap74 ,sec4 #ac4 ,authorization of appropriations4 7c7 ,state defined ,for purposes of this ,act1 the term ,state has the meaning given such term in section #aja7;a77#cf7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#cf774 7d7 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held invalid1 the remainder of this ,act1 and the application of such provision to other persons not similarly situated or to other circumstances1 shall not be affected by such invalidation4 #b4 ,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 ,states1 law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 have the inherent authority of a sovereign entity to investigate1 identify1 apprehend1 arrest1 detain1 or transfer to ,federal custody aliens in the ,united ,states 7including the transportation of such aliens across ,state lines to detention centers71 for the purposes of assisting in the enforcement of the immigration laws of the ,united ,states in the course of carrying out routine duties4 ,this ,state authority has never been displaced or preempted by ,congress4 #c4 ,state authorization for assistance in the enforcement of immigration laws encouraged 7a7 ,in general ,effective two years after the date of the enactment of this ,act1 a ,state1 or a political subdivision of a ,state1 that has in effect a statute1 policy1 or practice that prohibits law enforcement officers of the ,state1 or of a political subdivision of the ,state1 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 #bda7;i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i774 7b7 ,construction ,nothing in this section shall require law enforcement officials from ,states1 or from political subdivisions of ,states1 to report or arrest victims or witnesses of a criminal offense4 7c7 ,reallocation of funds ,any funds that are not allocated to a ,state1 or to a political subdivision of a ,state1 due to the failure of the ,state1 or of the political subdivision of the ,state1 to comply with subsection 7a7 shall be reallocated to ,states1 or to political subdivisions of ,states1 that comply with such subsection4 #d4 ,listing of immigration violators in the ,national ,crime ,information ,center database 7a7 ,provision of information to the ,,ncic ,not later than #ahj days after the date of the enactment of this ,act and periodically thereafter as updates may require1 the ,under ,secretary for ,border and ,transportation ,security of the ,department of ,homeland ,security shall provide the ,national ,crime ,information ,center of the ,department of ,justice with such information as the ,under ,secretary may possess regarding any aliens against whom a final order of removal has been issued1 any aliens who have signed a voluntary departure agreement1 any aliens who have overstayed their authorized period of stay1 and any aliens whose visas have been revoked4 ,the ,national ,crime ,information ,center shall enter such information into the ,immigration ,violators ,file of the ,national ,crime ,information ,center database1 regardless of whether-- 7#a7 the alien concerned received notice of a final order of removal2 7#b7 the alien concerned has already been removed2 or 7#c7 sufficient identifying information is available with respect to the alien concerned4 7b7 ,inclusion of information in the ,,ncic database 7#a7 ,in general ,section #ecd7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#c71 by striking and at the end2 7,b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,c7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 acquire1 collect1 classify1 and preserve records of violations by aliens of the immigration laws of the ,united ,states1 regardless of whether any such alien has received notice of the violation or whether sufficient identifying information is available with respect to any such alien and even if any such alien has already been removed from the ,united ,states2 and 4 7#b7 ,effective date ,the ,attorney ,general shall ensure that the amendment made by paragraph 7#a7 is implemented by not later than #f months after the date of the enactment of this ,act4 #e4 ,state and local law enforcement provision of information about apprehended aliens 7a7 ,provision of information ,in compliance with section #fdb7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acgc7 and section #dcd of the ,personal ,responsibility and ,work ,opportunity ,reconciliation ,act of #aiif 7#h ,u4,s4,c4 #afdd71 each ,state1 and each political subdivision of a ,state1 shall provide the ,secretary of ,homeland ,security in a timely manner with the information specified in subsection 7b7 with respect to each alien apprehended in the jurisdiction of the ,state1 or in the political subdivision of the ,state1 who is believed to be in violation of the immigration laws of the ,united ,states4 7b7 ,information required ,the information referred to in subsection 7a7 is as follows3 7#a7 ,the alien's name4 7#b7 ,the alien's address or place of residence4 7#c7 ,a physical description of the alien4 7#d7 ,the date1 time1 and location of the encounter with the alien and reason for stopping1 detaining1 apprehending1 or arresting the alien4 7#e7 ,if applicable1 the alien's driver's license number and the ,state of issuance of such license4 7#f7 ,if applicable1 the type of any other identification document issued to the alien1 any designation number contained on the identification document1 and the issuing entity for the identification document4 7#g7 ,if applicable1 the license plate number1 make1 and model of any automobile registered to1 or driven by1 the alien4 7#h7 ,a photo of the alien1 if available or readily obtainable4 7#i7 ,the alien's fingerprints1 if available or readily obtainable4 7c7 ,annual report on reporting ,the ,secretary shall maintain and annually submit to ,congress a detailed report listing the ,states1 or the political subdivisions of ,states1 that have provided information under subsection 7a7 in the preceding year4 7d7 ,reimbursement ,the ,secretary of ,homeland ,security shall reimburse ,states1 and political subdivisions of a ,state1 for all reasonable costs1 as determined by the ,secretary1 incurred by the ,state1 or the political subdivision of a ,state1 as a result of providing information under subsection 7a74 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary such sums as are necessary to carry out this section4 7f7 ,construction ,nothing in this section shall require law enforcement officials of a ,state1 or of a political subdivision of a ,state1 to provide the ,secretary of ,homeland ,security with information related to a victim of a crime or witness to a criminal offense4 #f4 ,financial assistance to ,state and local police agencies that assist in the enforcement of immigration laws 7a7 ,grants for special equipment for housing and processing certain aliens ,from amounts made available to make grants under this section1 the ,secretary of ,homeland ,security shall make grants to ,states1 and to political subdivisions of ,states1 for procurement of equipment1 technology1 facilities1 and other products that facilitate and are directly related to investigating1 apprehending1 arresting1 detaining1 or transporting aliens who have violated the immigration law of the ,united ,states1 including additional administrative costs incurred under this ,act4 7b7 ,eligibility ,to be eligible to receive a grant under this section1 a ,state1 or a political subdivision of a ,state1 must have the authority to1 and shall have a written policy and a practice to1 assist in the enforcement of the immigration laws of the ,united ,states in the course of carrying out the routine law enforcement duties of such ,state or political subdivision of a ,state4 ,entities covered under this section may not have any policy or practice that prevents local law enforcement from inquiring about a suspect's immigration status4 7c7 ,funding ,there is authorized to be appropriated to the ,secretary for grants under this section such sums as may be necessary for fiscal year #bjad and each subsequent fiscal year4 7d7 ,,gao audit ,not later than three years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct an audit of funds distributed to ,states1 and to political subdivisions of a ,state1 under subsection 7a74 #g4 ,increased ,federal detention space 7a7 ,construction or acquisition of detention facilities 7#a7 ,in general ,the ,secretary of ,homeland ,security shall construct or acquire1 in addition to existing facilities for the detention of aliens1 #bj detention facilities in the ,united ,states1 for aliens detained pending removal from the ,united ,states or a decision regarding such removal4 ,each facility shall have a number of beds necessary to effectuate this purposes of this ,act4 7#b7 ,determinations ,the location of any detention facility built or acquired in accordance with this subsection shall be determined by the ,deputy ,assistant ,director of the ,detention ,management ,division of the ,immigration and ,customs ,enforcement ,office of ,detention and ,removal within ,united ,states ,immigration and ,customs ,enforcement4 7b7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this section4 7c7 ,technical and conforming amendment ,section #bda7;g77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;g77#a77 is amended by striking may expend and inserting shall expend4 #h4 ,federal custody of aliens unlawfully present in the ,united ,states apprehended by ,state or local law enforcement 7a7 ,state apprehension 7#a7 ,in general ,title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaea et seq47 is amended by inserting after section #bdj;,c the following3 #bdj;,d4 ,custody of aliens unlawfully present in the ,united ,states 7a7 ,transfer of custody by ,state and local officials ,if a ,state1 or a political subdivision of the ,state1 exercising authority with respect to the apprehension or arrest of an alien who is unlawfully present in the ,united ,states submits to the ,secretary of ,homeland ,security a request that the alien be taken into ,federal custody1 the ,secretary-- 7#a7 not later than #dh hours after the conclusion of the ,state1 or the political subdivision of a ,state1 charging process or dismissal process1 or if no ,state or political subdivision charging or dismissal process is required1 not later than #dh hours after the alien is apprehended1 shall take the alien into the custody of the ,federal ,government and incarcerate the alien2 or 7#b7 shall request that the relevant ,state or local law enforcement agency temporarily incarcerate or transport the alien for transfer to ,federal custody4 7b7 ,policy on detention in ,state and local detention facilities ,in carrying out section #bda7;g77#a71 the ,attorney ,general or ,secretary of ,homeland ,security shall ensure that an alien arrested under this ,act shall be detained1 pending the alien's being taken for the examination under this section1 in a ,state or local prison1 jail1 detention center1 or other comparable facility4 ,notwithstanding any other provision of law or regulation1 such facility is adequate for detention1 if-- 7#a7 such a facility is the most suitably located ,federal1 ,state1 or local facility available for such purpose under the circumstances2 7#b7 an appropriate arrangement for such use of the facility can be made2 and 7#c7 such facility satisfies the standards for the housing1 care1 and security of persons held in custody of a ,united ,states marshal4 7c7 ,reimbursement ,the ,secretary of ,homeland ,security shall reimburse ,states1 and political subdivisions of a ,state1 for all reasonable expenses1 as determined by the ,secretary1 incurred by the ,state1 or political subdivision1 as a result of the incarceration and transportation of an alien who is unlawfully present in the ,united ,states as described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a74 ,compensation provided for costs incurred under such subparagraphs shall be the average cost of incarceration of a prisoner in the relevant ,state1 as determined by the chief executive officer of a ,state1 or of a political subdivision of a ,state1 plus the cost of transporting the alien from the point of apprehension to the place of detention1 and to the custody transfer point if the place of detention and place of custody are different4 7d7 ,secure facilities ,the ,secretary of ,homeland ,security shall ensure that aliens incarcerated in ,federal facilities pursuant to this ,act are held in facilities that provide an appropriate level of security4 7e7 ,transfer 7#a7 ,in general ,in carrying out this section1 the ,secretary of ,homeland ,security shall establish a regular circuit and schedule for the prompt transfer of apprehended aliens from the custody of ,states1 and political subdivisions of a ,state1 to ,federal custody4 7#b7 ,contracts ,the ,secretary may enter into contracts1 including appropriate private contracts1 to implement this subsection4 7f7 ,definition ,for purposes of this section1 the term alien who is unlawfully present in the ,united ,states means an alien who-- 7#a7 entered the ,united ,states without inspection or at any time1 manner or place other than that designated by the ,secretary of ,homeland ,security2 7#b7 was admitted as a nonimmigrant and who1 at the time the alien was taken into custody by the ,state1 or a political subdivision of the ,state1 had failed to-- 7,a7 maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section #bdh2 or 7,b7 comply with the conditions of any such status2 7#c7 was admitted as an immigrant and has subsequently failed to comply with the requirements of that status2 or 7#d7 failed to depart the ,united ,states under a voluntary departure agreement or under a final order of removal4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #bdj;,c the following new item3 ,sec4 #bdj;,d4 ,custody of aliens unlawfully present in the ,united ,states4 4 7b7 ,,gao audit ,not later than three years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct an audit of compensation to ,states1 and to political subdivisions of a ,state1 for the incarceration of aliens unlawfully present in the ,united ,states under section #bdj;,d7a7 of the ,immigration and ,nationality ,act 7as added by subsection 7a77#a774 #i4 ,training of ,state and local law enforcement personnel relating to the enforcement of immigration laws 7a7 ,establishment of training manual and pocket guide ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall establish-- 7#a7 a training manual for law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 to train such personnel in the investigation1 identification1 apprehension1 arrest1 detention1 and transfer to ,federal custody of aliens unlawfully present in the ,united ,states 7including the transportation of such aliens across ,state lines to detention centers and the identification of fraudulent documents72 and 7#b7 an immigration enforcement pocket guide for law enforcement personnel of a ,state1 or of a political subdivision of a ,state1 to provide a quick reference for such personnel in the course of duty4 7b7 ,availability ,the training manual and pocket guide established in accordance with subsection 7a7 shall be made available to all ,state and local law enforcement personnel4 7c7 ,applicability ,nothing in this section shall be construed to require ,state or local law enforcement personnel to carry the training manual or pocket guide with them while on duty4 7d7 ,costs ,the ,secretary of ,homeland ,security shall be responsible for any costs incurred in establishing the training manual and pocket guide4 7e7 ,training flexibility 7#a7 ,in general ,the ,secretary of ,homeland ,security shall make training of ,state and local law enforcement officers available through as many means as possible1 including through residential training at the ,center for ,domestic ,preparedness1 onsite training held at ,state or local police agencies or facilities1 online training courses by computer1 teleconferencing1 and videotape1 or the digital video display 7,,dvd7 of a training course or courses4 ,e-learning through a secure1 encrypted distributed learning system that has all its servers based in the ,united ,states1 is scalable1 survivable1 and can have a portal in place not later than #cj days after the date of the enactment of this ,act1 shall be made available by the ,federal ,law ,enforcement ,training ,center ,distributed ,learning ,program for ,state and local law enforcement personnel4 7#b7 ,federal personnel training ,the training of ,state and local law enforcement personnel under this section shall not displace the training of ,federal personnel4 7#c7 ,clarification ,nothing in this ,act or any other provision of law shall be construed as making any immigration-related training a requirement for1 or prerequisite to1 any ,state or local law enforcement officer to assist in the enforcement of ,federal immigration laws in the normal course of carrying out the normal law enforcement duties of such officers4 ,in carrying out this section1 priority funding shall be given for existing web-based immigration enforcement training systems4 #aj4 ,immunity 7a7 ,personal immunity ,notwithstanding any other provision of law1 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 immune1 to the same extent as a ,federal law enforcement officer1 from personal liability arising out of the performance of any duty described in this ,act4 7b7 ,agency immunity ,notwithstanding any other provision of law1 a ,state or local law enforcement agency shall be immune from any claim for money damages based on ,federal1 ,state1 or local civil rights law for an incident arising out of the enforcement of any immigration law1 except to the extent a law enforcement officer of such agency committed a violation of ,federal1 ,state1 or local criminal law in the course of enforcing such immigration law4 #aa4 ,institutional removal program 7,,irp7 7a7 ,continuation and expansion 7#a7 ,in general ,the ,secretary of ,homeland ,security shall continue to operate and implement the program known as the ,institutional ,removal ,program 7,,irp7 which-- 7,a7 identifies removable criminal aliens in ,federal and ,state correctional facilities2 7,b7 ensures such aliens are not released into the community2 and 7,c7 removes such aliens from the ,united ,states after the completion of their sentences4 7#b7 ,expansion ,the ,institutional ,removal ,program shall be extended to all ,states4 ,any ,state that receives ,federal funds for the incarceration of criminal aliens shall-- 7,a7 cooperate with officials of the ,institutional ,removal ,program2 7,b7 expeditiously and systematically identify criminal aliens in its prison and jail populations2 and 7,c7 promptly convey such information to officials of such ,program as a condition of receiving such funds4 7b7 ,authorization for detention after completion of ,state or local prison sentence ,law enforcement officers of a ,state1 or of a political subdivision of a ,state1 are authorized to-- 7#a7 hold a criminal alien for a period of up to #ad 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 ,states2 or 7#b7 issue a detainer that would allow aliens who have served a ,state prison sentence to be detained by the ,state prison until personnel from ,united ,states ,immigration and ,customs ,enforcement can take the alien into custody4 7c7 ,technology usage ,technology such as video conferencing shall be used to the maximum extent practicable in order to make the ,institutional ,removal ,program available in remote locations4 ,mobile access to ,federal databases of aliens1 such as ,,ident1 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 locations4 #ab4 ,state criminal alien assistance program 7,,scaap7 ,section #bda7;i77#e7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;i77 is amended to read as follows3 7#e7 ,there are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year #bjad and each subsequent fiscal year4 4 #ac4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for fiscal year #bjad and each subsequent fiscal year such sums as may be necessary to carry out this ,act4