,,ii #aahth ,,congress #ast ,session ,s4 #afdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ag1 #bjbc,mr4 ,tuberville 7for himself1 ,mrs4 ,blackburn1 and ,mr4 ,cassidy7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to provide for enhanced ,federal enforcement of1 and ,state and local assistance in the enforcement of1 the immigration laws of the ,united ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,empowering ,law ,enforcement ,act of #bjbc4 #b4 ,state defined ,in 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 #c4 ,federal affirmation of 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 ,state or a political subdivision of a ,state 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 purpose of assisting in the enforcement of the immigration laws of the ,united ,states in the normal course of carrying out their law enforcement duties4 ,this ,state authority has never been displaced or preempted by ,federal law4 #d4 ,listing of immigration violators in the national crime information center database 7a7 ,provision of information to the ,national ,crime ,information ,center 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the ,national ,crime ,information ,center of the ,department of ,justice 7referred to in this section as the ,,ncic7 any information in the possession of the ,secretary related to-- 7,a7 any alien against whom a final order of removal has been issued2 7,b7 any alien who is subject to a voluntary departure agreement2 7,c7 any alien who has remained in the ,united ,states beyond the alien's authorized period of stay2 and 7,d7 any alien whose visa has been revoked4 7#b7 ,requirement to provide and use information ,the information described in paragraph 7#a7 shall be submitted to the ,,ncic1 and the ,,ncic shall enter such information into the ,immigration ,violators ,file of the ,,ncic database1 regardless of whether-- 7,a7 the alien received notice of a final order of removal2 7,b7 the alien has already been removed2 or 7,c7 sufficient identifying information is available for the alien1 such as a physical description of the alien4 7b7 ,inclusion of information about immigration law violations in the ,,ncic database ,section #ecd7;a7 of title #bh1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 7#b7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7#c7 by inserting after paragraph 7#d7 the following3 7#e7 acquire1 collect1 classify1 and preserve records of violations of the immigration laws of the ,united ,states1 regardless of whether the alien has received notice of the violation1 sufficient identifying information is available for the alien1 or the alien has already been removed2 and4 4 7c7 ,permission ,to depart voluntarily ,section #bdj;,b of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbi;c7 is amended-- 7#a7 by striking ,attorney ,general each place that term appears and inserting ,secretary of ,homeland ,security2 and 7#b7 in subsection 7a77#b77;,a71 by striking #abj days and inserting #cj days4 #e4 ,federal custody of illegal aliens apprehended by ,state or local law enforcement 7a7 ,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 ,transfer of illegal aliens from ,state to ,federal custody 7a7 ,defined term ,in this section1 the term illegal alien means an alien who-- 7#a7 entered the ,united ,states without inspection or at any time or place other than that designated by the ,secretary of ,homeland ,security2 7#b7 after entering the ,united ,states with inspection at a time and place designated by the ,secretary of ,homeland ,security1 was granted parole into the ,united ,states2 7#c7 was admitted as a nonimmigrant and1 at the time the alien was taken into custody by the ,state or political subdivision1 had failed-- 7,a7 to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section #bdh2 or 7,b7 to comply with the conditions of the status described in subparagraph 7,a72 7#d7 was admitted as an immigrant and subsequently failed to comply with the requirements of such status2 or 7#e7 failed to depart the ,united ,states as required under a voluntary departure agreement or under a final order of removal4 7b7 ,in general ,if a member of a law enforcement entity of a ,state 7or1 if appropriate1 a political subdivision of the ,state71 exercising authority with respect to the apprehension or arrest of an illegal alien1 submits a request to the ,secretary of ,homeland ,security that the alien be taken into ,federal custody1 the ,secretary shall-- 7#a7 7,a7 not later than #dh hours after the conclusion of the ,state charging process or dismissal process 7or if no ,state charging or dismissal process is required1 not later than #dh hours after the alien is apprehended71 take the alien into the custody of the ,federal ,government and incarcerate the alien2 or 7,b7 request that the relevant ,state or local law enforcement agency temporarily detain or transport the alien to a location for transfer to ,federal custody2 and 7#b7 designate at least #a ,federal1 ,state1 or local prison or jail or a private contracted prison or detention facility within each ,state as the central facility for law enforcement entities of such ,state to transfer custody of criminal or illegal aliens to the ,department of ,homeland ,security4 7c7 ,reimbursement 7#a7 ,in general ,the ,secretary of ,homeland ,security shall reimburse a ,state or a political subdivision of a ,state for all reasonable expenses1 as determined by the ,secretary1 incurred by the ,state or political subdivision in the detention and transportation of a criminal or illegal alien under subsection 7b77#a74 7#b7 ,cost computation ,the amount reimbursed for costs incurred in the detention and transportation of a criminal or illegal alien under subsection 7b77#a7 shall be equal to the sum of-- 7,a7 the product of-- 7i7 the average cost of incarceration of a prisoner in the relevant ,state1 as determined by the chief executive officer of the ,state 7or1 as appropriate1 a political subdivision of the ,state72 and 7ii7 the number of days that the alien was in the custody of the ,state or political subdivision2 and 7,b7 the cost of transporting the criminal or illegal alien from the point of apprehension or arrest to-- 7i7 the location of detention2 and 7ii7 if the location of detention and of custody transfer are different1 to the custody transfer point4 7d7 ,requirement for appropriate security ,the ,secretary of ,homeland ,security shall ensure that illegal aliens incarcerated in ,federal facilities under this section are held in facilities that provide an appropriate level of security4 7e7 ,schedule requirement 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 illegal aliens from the custody of ,states and political subdivisions of ,states to ,federal custody4 7#b7 ,authority for contracts ,the ,secretary of ,homeland ,security may enter into contracts with appropriate ,state and local law enforcement and detention officials to implement this section4 4 7b7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bdj;,c the following3 ,sec4 #bdj;,d4 ,transfer of illegal aliens from ,state to ,federal custody4 4 #f4 ,detention of dangerous aliens 7a7 ,in general ,section #bda7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abca7;a77 is amended-- 7#a7 by striking ,attorney ,general each place such term appears1 except for the first reference in paragraph 7#d77;,b77i71 and inserting ,secretary of ,homeland ,security2 7#b7 in paragraph 7#a7-- 7,a7 by striking #ij and inserting #fj2 and 7,b7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 ,beginning of period ,the removal period begins on the latest of-- 7i7 the date on which the order of removal becomes administratively final2 7ii7 if the alien is not in the custody of the ,secretary of ,homeland ,security on the date on which the order of removal becomes administratively final1 the date on which the alien is taken into such custody2 or 7iii7 if the alien is detained or confined 7except under an immigration process7 on the date on which the order of removal becomes administratively final1 the date on which the alien is taken into the custody of the ,secretary of ,homeland ,security after the alien is released from such detention or confinement4 7,c7 ,extension of period 7i7 ,in general ,the removal period shall be extended beyond a period of #fj days and the ,secretary of ,homeland ,security may1 in the ,secretary's sole discretion1 keep the alien in detention during such extended period if-- 7,i7 the alien fails or refuses to make all reasonable efforts to comply with the removal order1 or to fully cooperate with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including-- 7aa7 making timely application in good faith for travel or other documents necessary for the alien's departure2 or 7bb7 conspiring or acting to prevent the removal of an alien that is subject to an order of removal2 7,,ii7 a court1 the ,board of ,immigration ,appeals1 or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal2 7,,iii7 the ,secretary lawfully transfers custody of the alien to another ,federal agency or to a ,state or local government agency in connection with the official duties of such agency2 or 7,,iv7 a court or the ,board of ,immigration ,appeals orders a remand to the immigration judge or to the ,board of ,immigration ,appeals while the case is pending a decision on remand 7with the removal period beginning anew on the date on which the alien is ordered removed on remand74 7ii7 ,renewal ,if the removal period has been extended pursuant to clause 7i71 a new removal period shall begin on the date on which-- 7,i7 the alien makes all reasonable efforts to comply with the removal order or to fully cooperate with the ,secretary of ,homeland ,security's efforts to establish the alien's identity and carry out the removal order2 7,,ii7 the stay of removal is no longer in effect2 or 7,,iii7 the alien is returned to the custody of the ,secretary4 7iii7 ,mandatory detention for certain aliens ,the ,secretary shall keep an alien described in section #bcf7;c77#a7 in detention during the extended period described in clause 7i74 7iv7 ,sole form of relief ,an alien may seek relief from detention under this subparagraph by filing an application for a writ of habeas corpus in accordance with chapter #aec of title #bh1 ,united ,states ,code4 ,no alien whose period of detention is extended under this subparagraph shall have the right to seek release on bond4 2 7#c7 in paragraph 7#c7-- 7,a7 by inserting or is not detained pursuant to paragraph 7#f7 after removal period2 and 7,b7 in subparagraph 7,d71 by inserting in order to prevent the alien from absconding1 for the protection of the community1 or for other purposes related to the enforcement of the immigration laws before the period at the end2 7#d7 in paragraph 7#d77;,a71 by striking paragraph 7#b7 and inserting in subparagraph 7,b72 and 7#e7 by amending paragraph 7#f7 to read as follows3 7#f7 ,additional rules for detention or release of certain aliens 7,a7 ,detention review process for cooperative aliens 7i7 ,in general ,the ,secretary of ,homeland ,security shall establish an administrative review process to determine whether an alien who is not otherwise subject to mandatory detention1 who has made all reasonable efforts to comply with a removal order and to cooperate fully with the ,secretary's efforts to establish the alien's identity and to carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 and who has not conspired or acted to prevent removal1 should be detained or released on conditions4 7ii7 ,determination ,the ,secretary of ,homeland ,security shall determine whether to release an alien after the removal period in accordance with subparagraph 7,b74 ,such determination shall include the consideration of any evidence submitted by the alien and may include the consideration of any other evidence1 including any information or assistance provided by the ,secretary of ,state or other ,federal official and any other information available to the ,secretary of ,homeland ,security pertaining to the ability to remove the alien4 7,b7 ,authority to detain beyond removal period 7i7 ,in general ,the ,secretary of ,homeland ,security1 in the sole discretion of the ,secretary1 may continue to detain an alien for #ij days beyond the removal period 7including any extension of the removal period under paragraph 7#a77;,c774 ,an alien whose detention is extended under this subparagraph is not entitled to seek release on bond4 7ii7 ,specific circumstances ,the ,secretary of ,homeland ,security1 in the sole discretion of the ,secretary1 may continue to detain an alien beyond the #ij days authorized under clause 7i7-- 7,i7 until the alien is removed1 if the ,secretary1 in the sole discretion of the ,secretary1 determines that there is a significant likelihood that the alien-- 7aa7 will be removed in the reasonably foreseeable future2 or 7bb7 would be removed in the reasonably foreseeable future1 or would have been removed1 but for the alien's failure or refusal to make all reasonable efforts to comply with the removal order1 or to cooperate fully with the ,secretary's efforts to establish the alien's identity and carry out the removal order1 including making timely application in good faith for travel or other documents necessary to the alien's departure1 or conspires or acts to prevent removal2 7,,ii7 until the alien is removed1 if the ,secretary of ,homeland ,security certifies in writing-- 7aa7 in consultation with the ,secretary of ,health and ,human ,services1 that the alien has a highly contagious disease that poses a threat to public safety2 7bb7 after receipt of a written recommendation from the ,secretary of ,state1 that release of the alien is likely to have serious adverse foreign policy consequences for the ,united ,states2 7cc7 based on information available to the ,secretary of ,homeland ,security 7including classified1 sensitive1 or national security information1 and without regard to the grounds upon which the alien was ordered removed71 that there is reason to believe that the release of the alien would threaten the national security of the ,united ,states2 or 7dd7 that the release of the alien will threaten the safety of the community or any person1 conditions of release cannot reasonably be expected to ensure the safety of the community or any person1 or either-- 7,,aa7 the alien has been convicted of #a or more aggravated felonies 7as defined in section #aja7;a77#dc77;,a771 of #a or more crimes identified by the ,secretary of ,homeland ,security by regulation1 or of #a or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes1 if the aggregate term of imprisonment for such attempts or conspiracies is at least #e years2 or 7,,bb7 the alien has committed #a or more crimes of violence 7as defined in section #af of title #ah1 ,united ,states ,code71 excluding purely political offenses1 and the alien1 because of a mental condition or personality disorder and behavior associated with such condition or disorder1 is likely to engage in acts of violence in the future2 or 7,,iii7 pending a certification under subclause 7,,ii71 if the ,secretary of ,homeland ,security initiates the administrative review process not later than #cj days after the expiration of the removal period 7including any extension of the removal period under paragraph 7#a77;,c774 7iii7 ,no right to bond hearing ,an alien whose detention is extended under this subparagraph is not entitled to seek release on bond1 including by reason of a certification under clause 7ii77,,ii74 7,c7 ,renewal and delegation of certification 7i7 ,renewal ,the ,secretary of ,homeland ,security may renew a certification under subparagraph 7,b77ii77,,ii7 every #f months1 after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request4 ,if the ,secretary does not renew the certification1 the ,secretary may not continue to detain the alien under subparagraph 7,b77ii77,,ii74 7ii7 ,delegation ,notwithstanding section #ajc1 the ,secretary of ,homeland ,security may not delegate the authority to make or renew a certification described in item 7bb71 7cc71 or 7dd7 of subparagraph 7,b77ii77,,ii7 below the level of the ,assistant ,secretary for ,immigration and ,customs ,enforcement4 7iii7 ,hearing ,the ,secretary of ,homeland ,security may request that the ,attorney ,general or the ,attorney ,general's designee provide for a hearing to make the determination described in item 7dd77,,bb7 of subparagraph 7,b77ii77,,ii74 7,d7 ,release on conditions ,if a ,federal court or the ,board of ,immigration ,appeals determines that an alien should be released from detention or if an immigration judge orders a stay of removal1 the ,secretary of ,homeland ,security1 in discretion of the ,secretary1 may impose conditions on release in accordance with paragraph 7#c74 7,e7 ,redetention 7i7 ,in general ,the ,secretary of ,homeland ,security1 in the discretion of the ,secretary1 without any limitations other than those specified in this section1 may redetain any alien subject to a final removal order who is released from custody if-- 7,i7 removal becomes likely in the reasonably foreseeable future2 7,,ii7 the alien fails to comply with the conditions of release or to continue to satisfy the conditions described in subparagraph 7,a72 or 7,,iii7 upon reconsideration1 the ,secretary1 in the sole discretion of the ,secretary1 determines that the alien can be detained under subparagraph 7,b74 7ii7 ,applicability ,this section shall apply to any alien returned to custody pursuant to this subparagraph as if the removal period terminated on the first day of such redetention4 7,f7 ,review of determinations by secretary ,a determination by the ,secretary of ,homeland ,security under this paragraph shall not be subject to review by any other agency4 4 7b7 ,detention of aliens during removal proceedings ,section #bcf of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #abbf7 is amended-- 7#a7 by striking ,attorney ,general each place such term appears 7except in the second place the term appears in subsection 7a77 and inserting ,secretary of ,homeland ,security2 7#b7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by inserting the ,secretary of ,homeland ,security or before the ,attorney ,general--2 and 7,b7 in paragraph 7#b77;,b71 by striking conditional parole2 and inserting recognizance22 7#c7 in subsection 7b71 by striking parole and inserting recognizance2 7#d7 in subsection 7c71 by amending paragraph 7#a7 to read as follows3 7#a7 ,custody 7,a7 ,in general ,the ,secretary of ,homeland ,security shall take into custody any alien described in paragraph 7#b7 or 7#c7 of section #bab7;a7 or paragraph 7#b7 or 7#d7 of section #bcg7;a71 or who has no lawful status in the ,united ,states and has been convicted for driving while intoxicated 7including a conviction for driving while under the influence or impaired by alcohol or drugs71 any time after the alien is released1 regardless of whether the alien-- 7i7 is released related to any activity1 offense1 or conviction described in this paragraph2 7ii7 is released on parole1 supervised release1 or probation2 or 7iii7 may be arrested or imprisoned again for the same offense4 7,b7 ,subsequent custody ,if activity1 offense1 or conviction described in subparagraph 7,a7 does not result in the alien being taken into custody1 the ,secretary of ,homeland ,security shall take such alien into custody-- 7i7 when the alien is brought to the attention of the ,secretary2 or 7ii7 when the ,secretary determines it is practical to take such alien into custody4 4 7#e7 in subsection 7e71 by striking ,attorney ,general's and inserting ,secretary of ,homeland ,security's2 and 7#f7 by adding at the end the following3 7f7 ,length of detention 7#a7 ,in general ,notwithstanding any other provision of this section1 an alien may be detained under this section1 and an alien described in subsection 7c7 shall be detained1 without time limitation1 except as provided in subsection 7g71 during the pendency of removal proceedings4 7#b7 ,construction ,the length of detention under this section shall not affect a detention authorized under section #bda4 7g7 ,release on bond 7#a7 ,in general ,an alien detained under subsection 7a7 may seek release on bond in an amount that is not less than #aj1jjj4 ,no bond may be granted under this paragraph unless the alien establishes1 by clear and convincing evidence1 that the alien is not a flight risk or a risk to another person or to the community4 7#b7 ,certain aliens ineligible ,no alien detained pursuant to subsection 7c7 may seek release on bond4 4 7c7 ,effective dates 7#a7 ,subsection 7a7 ,the amendments made by subsection 7a7 shall take effect upon the date of the enactment of this ,act1 and section #bda of the ,immigration and ,nationality ,act1 as amended by subsection 7a71 shall apply to-- 7,a7 all aliens subject to a final administrative removal1 deportation1 or exclusion order that was issued before1 on1 or after the date of the enactment of this ,act2 and 7,b7 acts and conditions occurring or existing before1 on1 or after such date4 7#b7 ,subsection 7b7 ,the amendments made by subsection 7b7 shall take effect upon the date of the enactment of this ,act1 and section #bcf of the ,immigration and ,nationality ,act1 as amended by subsection 7b71 shall apply to any alien in detention under provisions of such section on or after such date4 #g4 ,immigration law enforcement training of ,state and local law enforcement personnel 7a7 ,training manual and pocket guide 7#a7 ,publication ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall publish-- 7,a7 a training manual for ,state and local law enforcement personnel to train such personnel in the investigation1 identification1 apprehension1 arrest1 detention1 and transfer to ,federal custody of aliens in the ,united ,states1 including-- 7i7 the transportation of such aliens across ,state lines to detention centers2 and 7ii7 the identification of fraudulent documents2 and 7,b7 an immigration enforcement pocket guide for ,state and local law enforcement personnel to provide a quick reference for such personnel in the course of duty4 7#b7 ,availability ,the training manual and pocket guide published under paragraph 7#a7 shall be made available to all ,state and local law enforcement personnel4 7#c7 ,applicability ,nothing in this subsection may be construed to require ,state or local law enforcement personnel to keep the training manual or pocket guide with them while on duty4 7#d7 ,costs ,the ,secretary shall be responsible for all costs incurred in the publication of the training manual and pocket guide under this subsection4 7b7 ,training flexibility 7#a7 ,in general ,the ,secretary of ,homeland ,security shall make training available to ,state and local law enforcement officers through as many means as possible1 including-- 7,a7 residential training at-- 7i7 the ,federal ,law ,enforcement ,training ,center 7referred to in this subsection as ,,fletc7 of the ,department of ,homeland ,security in ,glynco1 ,georgia2 and 7ii7 the ,center for ,domestic ,preparedness of the ,federal ,emergency ,management ,agency in ,anniston1 ,alabama2 7,b7 onsite training held at ,state or local police agencies or facilities2 7,c7 online training courses by computer1 teleconferencing1 and videotape2 and 7,d7 recording training courses on ,,dvd4 7#b7 ,online training ,the head of the ,,fletc ,learning ,center shall make training available for ,state and local law enforcement personnel through the internet using a secure1 encrypted distributed learning system that-- 7,a7 has all its servers based in the ,united ,states2 7,b7 is sealable and survivable2 and 7,c7 is capable of having a portal in place not later than #cj days after the date of the enactment of this ,act4 7#c7 ,federal personnel training ,the training of ,state and local law enforcement personnel under this section may not displace the training of ,federal personnel4 7c7 ,rule of construction ,nothing in this ,act or in any other provision of law may be construed as making any immigration-related training a requirement for1 or a prerequisite to1 any ,state or local law enforcement officer exercising the inherent authority of the officer to investigate1 identify1 apprehend1 arrest1 detain1 or transfer to ,federal custody illegal aliens during the normal course of carrying out the law enforcement duties of the officer4 7d7 ,training limitation ,section #bhg7;g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aceg7;g77 is amended-- 7#a7 by striking ,attorney ,general each place that term appears and inserting ,secretary of ,homeland ,security2 and 7#b7 in paragraph 7#b71 by adding at the end the following3 ,training described in this paragraph may not exceed #ad days or #hj hours1 whichever is longer44 #h4 ,immunity 7a7 ,personal immunity 7#a7 ,in general ,notwithstanding any other provision of law1 a law enforcement officer of a ,state or of a political subdivision of a ,state shall be immune from personal liability arising out of the enforcement of any immigration law to the same extent as a ,federal law enforcement officer is immune4 7#b7 ,applicability ,the immunity provided under paragraph 7#a7 only applies to an officer of a ,state1 or of a political subdivision of a ,state1 who is acting within the scope of such officer's official duties4 7b7 ,agency immunity ,notwithstanding any other provision of law1 a law enforcement agency of a ,state1 or of a political subdivision of a ,state1 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 that the law enforcement officer of that agency1 whose action the claim involves1 committed a violation of ,federal1 ,state1 or local criminal law in the course of enforcing such immigration law4