,,ii  #aaith ,,congress  #ast ,session  
,s4 #aad  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,january #af1       
#bjbe,mrs4 ,blackburn introduced the    
following bill2 which was read twice and
 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 and 
to authorize appropriations to carry out
 the ,state ,criminal ,alien ,assistance
 ,program4  #a4 ,short titles2 table of 
contents  7a7 ,short titles ,this ,act  
may be cited as the ,clear ,law         
,enforcement for ,criminal ,alien       
,removal ,act of #bjbe or the ,,clear   
,act of #bjbe4  7b7 ,table of contents  
,the table of contents for this ,act is 
as follows3 ,sec4 #a4 ,short titles2    
table of contents4,sec4 #b4             
,definitions4,sec4 #c4 ,federal         
affirmation of assistance in the        
immigration law enforcement by ,states  

and political subdivisions of           
,states4,sec4 #d4 ,state authorization  
for assistance in the enforcement of    
immigration laws encouraged4,sec4 #e4   
,listing of immigration violators in the
 ,national ,crime ,information ,center  
database4,sec4 #f4 ,state and local law 
enforcement provision of information    
about apprehended aliens4,sec4 #g4      
,financial assistance to ,state and     
local law enforcement agencies that     
assist in the enforcement of immigration
 laws4,sec4 #h4 ,increased ,federal     
detention space4,sec4 #i4 ,federal      
custody of aliens unlawfully present in 
the ,united ,states apprehended by      
,state or local law enforcement4,sec4   
#aj4 ,training of ,state and local law  
enforcement personnel relating to the   
enforcement of immigration laws4,sec4   
#aa4 ,immunity4,sec4 #ab4 ,institutional
 ,removal ,program4,sec4 #ac4           
,authorization of appropriations4,sec4  
#ad4 ,severability4  #b4 ,definitions   
,in this ,act3 7#a7 ,secretary ,the term

 ,secretary means the ,secretary of     
,homeland ,security4  7#b7 ,state ,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 assistance in the       
immigration law enforcement by ,states  
and political subdivisions of ,states   
,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    

#d4 ,state authorization for assistance 
in the enforcement of immigration laws  
encouraged  7a7 ,in general ,beginning  
on the date that is #a year 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 may 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 ,rule of construction  
,nothing in this section may be         
construed to 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 such ,state1 or of the       
political subdivision of such ,state1 to
 comply with subsection 7a7 shall be    
reallocated to ,states1 or to political 
subdivisions of ,states1 that comply    
with such subsection4  #e4 ,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 ,act and periodically thereafter as
 updates may require1 the ,commissioner 
for ,u4,s4 ,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-- 7,a7     
against whom a final order of removal   

has been issued2  7,b7 who have signed a
 voluntary departure agreement2  7,c7   
who have overstayed their authorized    
period of stay2 or  7,d7 whose visas    
have been revoked4  7#b7 ,immigration   
violators file ,the ,national ,crime    
,information ,center shall enter all of 
the information received pursuant to    
paragraph 7#a7 into the ,immigration    
,violators ,file 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 index  7#a7 ,in general ,section 
#ecd7;a7 of title #bh1 ,united ,states  
,code1 is amended-- 7,a7 by             
redesignating paragraphs 7#d7 and 7#e7  
as paragraphs 7#e7 and 7#f71            
respectively2 and  7,b7 by inserting    
after paragraph 7#c7 the following3     
7#d7 acquire1 collect1 classify1 and    

preserve records of violations by aliens
 of the immigration laws of the ,united 
,states1 regardless of whether-- 7,a7   
any such alien has received notice of   
any such violation2  7,b7 sufficient    
identifying information is available    
with respect to any such alien2 and     
7,c7 any such alien has already been    
removed from the ,united ,states2  4    
7#b7 ,effective date ,the ,attorney     
,general shall implement the amendment  
made by paragraph 7#a7 not later than #f
 months after the date of the enactment 
of this ,act4  #f4 ,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;a77 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 submit to the ,secretary1 
in a timely manner1 the information     
specified in subsection 7b7 with respect
 to each alien apprehended in the       
jurisdiction of the ,state1 or of a     
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 specified in this subsection
 is-- 7#a7 the alien's name2  7#b7 the  
alien's address or place of residence2  
7#c7 a physical description of the      
alien2  7#d7 the date1 time1 and        
location of the encounter with the alien
 and reason for stopping1 detaining1    
apprehending1 or arresting the alien2   
7#e7 if applicable-- 7,a7 the alien's   
driver's license number and the ,state  
of issuance of such license2  7,b7 the  
type of any other identification        
document issued to the alien1 the       
designation number contained on the     
identification document1 and the issuing
 entity for the identification document2

 and  7,c7 the license plate number1    
make1 and model of any automobile       
registered to1 or driven by1 the alien2 
and  7#f7 if available or readily       
obtainable-- 7,a7 a photo of the alien2 
and  7,b7 the alien's fingerprints4  7c7
 ,annual report ,the ,secretary shall   
annually submit to ,congress a detailed 
report listing the ,states1 and the     
political subdivisions of ,states1 that 
provided information pursuant to        
subsection 7a7 with respect to the      
preceding year4  7d7 ,reimbursement ,the
 ,secretary shall reimburse ,states1 and
 political subdivisions of a ,state1 for
 all reasonable costs1 as determined by 
the ,secretary1 incurred by each ,state1
 and each political subdivision of a    
,state1 as a result of submitting the   
information required to be submitted    
pursuant to subsection 7a74  7e7 ,rule  
of construction ,nothing in this section
 may be construed to require law        
enforcement officials of a ,state1 or of
 a political subdivision of a ,state1 to

 submit to the ,secretary information   
related to a victim of a crime or       
witness to a criminal offense4  #g4     
,financial assistance to ,state and     
local law enforcement agencies that     
assist in the enforcement of immigration
 laws  7a7 ,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 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 laws of   
the ,united ,states1 including          
additional administrative costs incurred
 to comply with the requirements under  
this ,act4  7b7 ,eligibility ,a ,state  
or political subdivision of a ,state    
desiring a grant under this section     
shall have the authority to assist1 and 
shall have a written policy and practice

 of assisting1 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 subdivision4        
,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 ,,gao audit ,not later than
 #c 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
 ,states and political subdivisions of a
 ,state pursuant to subsection 7a74  #h4
 ,increased ,federal detention space    
7a7 ,construction or acquisition of     
detention facilities  7#a7 ,in general  
,the ,secretary 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 sufficient number 
of beds necessary to effectuate the     
purposes of this ,act4  7#b7            
,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          
,directorate4  7b7 ,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 from the appropriation       
,immigration and ,naturalization        
,service--,salaries and ,expenses1 and  
inserting shall expend from the         
appropriation ,u4,s4 ,immigration and   
,customs ,enforcement--,operations and  
,support14  #i4 ,federal custody of     
aliens unlawfully present in the ,united
 ,states apprehended by ,state or local 
law enforcement  7a7 ,state apprehension

  7#a7 ,in general ,chapter #d of title 
,,ii of the ,immigration and            
,nationality ,act 7#h ,u4,s4,c4 #abba et
 seq47 is amended by inserting after    
section #bdj;,c the following3  #bdj;,d4
 ,custody of aliens unlawfully present  
in the ,united ,states  7a7 ,defined    
term ,in 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 manner1 or   
place not 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 failed-- 7,a7
 to maintain the nonimmigrant status in 
which the alien was admitted or to which
 it was changed pursuant to section     
#bdh2 or  7,b7 to comply with the       
conditions of any such status2  7#c7 was
 admitted as an immigrant and           
subsequently failed to comply with the  

requirements of such status2 or  7#d7   
failed to depart the ,united ,states    
under a voluntary departure agreement or
 under a final order of removal4  7b7   
,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    
,states1 submits to the ,secretary of   
,homeland ,security a request that such 
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  7c7      
,policy on detention in ,state and local
 detention facilities ,in carrying out  
section #bda7;g77#a71 the ,attorney     
,general or the ,secretary of ,homeland 
,security shall ensure that an alien    
arrested pursuant to this ,act is       
detained1 pending the alien being taken 
for an examination under this section1  
in a ,state or local prison1 jail1      
detention center1 or other comparable   
facility4 ,such a facility is adequate  
for detention if-- 7#a7 the 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 the facility satisfies the         
standards for the housing1 care1 and    
security of persons held in custody of a
 ,united ,states marshal4  7d7          
,reimbursement  7#a7 ,in general ,the   

,secretary of ,homeland ,security shall 
reimburse ,states and political         
subdivisions of a ,state for all        
reasonable expenses1 as determined by   
the ,secretary1 incurred by the ,state1 
or political subdivision as a result of 
the incarceration and transportation of 
an alien who is unlawfully present in   
the ,united ,states4  7#b7 ,calculation 
,compensation provided pursuant to      
paragraph 7#a7 shall be equal to the sum
 of-- 7,a7 the average cost of          
incarceration of a prisoner in the      
relevant ,state for the period the alien
 was incarcerated1 as determined by the 
chief executive officer of a ,state1 or 
of a political subdivision of a ,state2 
and  7,b7 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 the place of custody are  
different4  7e7 ,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         
security4  7f7 ,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  
,states and political subdivisions of a 
,state to ,federal custody4  7#b7       
,contracts ,the ,secretary of ,homeland 
,security may enter into contracts1     
including appropriate private contracts1
 to implement this subsection4  4  7#b7 
,clerical amendment ,the table of       
contents of 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 ,custody of  
aliens unlawfully present in the ,united
 ,states4  4  7b7 ,,gao audit ,not later
 than #c years after the date of the    
enactment of this ,act1 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 #bdj;,d of the    
,immigration and ,nationality ,act1 as  
added by subsection 7a77#a74  #aj4      
,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 shall develop--    
7#a7 a manual to train law enforcement  
personnel of a ,state1 or of a political
 subdivision of a ,state1 on 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        
carrying out their duties4  7b7         
,availability ,the training manual and  
pocket guide developed pursuant to      
subsection 7a7 shall be made available  
to all ,state and local law enforcement 
personnel4  7c7 ,costs ,the ,secretary  
shall be responsible for any costs      
incurred in developing the training     
manual and pocket guide pursuant to     
subsection 7a74  7d7 ,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 duty4  7e7 ,training 
flexibility  7#a7 ,in general ,the      
,secretary shall make training of ,state
 and local law enforcement officers     
available through as many means as      

possible1 including through-- 7,a7      
residential training at the ,center for 
,domestic ,preparedness of the ,federal 
,emergency ,management ,agency2  7,b7   
onsite training held at ,state or local 
police agencies or facilities2  7,c7    
online training courses by computer1    
teleconferencing1 and videotape2 or     
7,d7 training courses made available on 
,,dvd4  7#b7 ,e-learning ,not later than
 #abj days after the date of the        
enactment of this ,act1 the ,secretary  
shall ensure that-- 7,a7 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 secure1  
encrypted distributed learning system2  
and  7,b7 the system described in       
subparagraph 7,a7 is scalable and       
survivable and has all its servers based
 in the ,united ,states4  7#c7 ,priority
 ,in carrying out this section1 priority
 funding shall be given for existing    

web-based immigration enforcement       
training systems4  7#d7 ,federal        
personnel training ,the training of     
,state and local law enforcement        
personnel under this section shall not  
displace the training of ,federal       
personnel4  7#e7 ,savings provision     
,nothing in this ,act or in any other   
provision of law may be construed as    
making any immigration-related training 
a requirement for1 or prerequisite to1  
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 officers4    
#aa4 ,immunity  7a7 ,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 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 ,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 ,federal      
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  #ab4 ,institutional ,removal      
,program  7a7 ,continuation and         
expansion  7#a7 ,in general ,the        
,secretary shall continue to operate and
 implement the program known as the     
,institutional ,removal ,program1       
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 respective          
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 all criminal aliens in its     
prison and jail populations2 and  7,c7  
promptly convey such information to     
officials of the ,institutional ,removal
 ,program as a condition of receiving   
such ,federal 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    
may-- 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 
,u4,s4 ,immigration and ,customs        
,enforcement can take such alien into   
custody4  7c7 ,technology usage         
,technology1 such as video conferencing1
 shall be used to the maximum extent    
practicable 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 used1 
to the maximum extent practicable1 to   
make such resources available to ,state 
and local law enforcement agencies in   
remote locations4  #ac4 ,authorization  
of appropriations  7a7 ,in general      
,there are authorized to be appropriated
 to the ,department of ,homeland        
,security1 for fiscal year #bjbe1 and   
for each subsequent fiscal year1 such   
sums as may be necessary to carry out   
this ,act4  7b7 ,state ,criminal ,alien 
,assistance ,program ,section           

#bda7;i77#e7 of the ,immigration and    
,nationality ,act 7#h ,u4,s4,c4         
#abca7;i77#e77 is amended to read as    
follows3  7#e7 ,authorization of        
appropriations ,there are authorized to 
be appropriated to carry out this       
subsection such sums as may be necessary
 for fiscal year #bjbe and for each     
subsequent fiscal year4  4  #ad4        
,severability ,if any provision of this 
,act or of any amendment made by this   
,act1 or the application of such        
provision or amendment to any person or 
circumstance1 is held to be invalid1 the
 remainder of the provisions of this    
,act and of the amendments made by this 
,act1 and the application of any such   
provision or amendment to other persons 
not similarly situated or to other      
circumstances1 shall not be affected4