A bill to identify and remove criminal aliens incarcerated in correctional facilities in the United States and for other purposes.

Summary: Criminal Alien Removal Act of 2008 - Directs the the Secretary of Homeland Security to carry out a Criminal Alien Program to: (1) identify incarcerated criminal aliens (as defined by this Act); (2) ensure that such aliens are not released into the community; and (3) remove such aliens from the United States upon release.

Makes a state that does not cooperate with the Secretary of Homeland Security to carry out the Program ineligible for Department of Justice law enforcement grant programs (including the criminal alien incarceration program under the Immigration and Nationality Act).

Authorizes appropriate state officials to: (1) hold an illegal alien for up to 14 days after completion of the term of incarceration in order to effectuate transfer to federal custody if the alien is removable or not lawfully present in the United States; and (2) issue a detainer permitting an alien who completes a term of incarceration to be held until U.S. Immigration and Customs Enforcement takes the alien into custody.

Directs the Secretary to carry out the Program as follows: (1) by December 31, 2010, identify each criminal alien incarcerated in a federal facility who will be deportable or removable upon release; and (2) by December 31, 2012, identify each criminal alien serving a term of three or more years in a state or local facility who will be deportable or removable upon release.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Criminal Alien Removal Act of 
2008''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Criminal alien.--Except as otherwise provided, the term 
        ``criminal alien'' means an alien who--
                    (A) is inadmissible by reason of having committed 
                any offense covered in section 212(a)(2) of the 
                Immigration and Nationality Act (8 U.S.C. 182(a)(2));
                    (B) is deportable by reason of having committed any 
                offense covered in subparagraph (A)(ii), (A)(iii), (B), 
                (C), or (D) of section 237(a)(2) of such Act (8 U.S.C. 
                1227(a)(2));
                    (C) is deportable under section 237(a)(2)(A)(i) of 
                such Act (8 U.S.C. 1227(a)(2)(A)(i)) on the basis of an 
                offense for which the alien has been sentenced to a 
                term of imprisonment of at least 1 year; or
                    (D) is inadmissible under section 212(a)(3)(B) (8 
                U.S.C. 1182(a)(3)(B)) or deportable under section 
                237(a)(4)(B) (8 U.S.C.1227 (a)(4)(B)).
            (2) Criminal alien program.--The term ``Criminal Alien 
        Program'' means the Criminal Alien Program required by section 
        3.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. CRIMINAL ALIEN PROGRAM.

    (a) Requirement for Criminal Alien Program.--The Secretary shall 
carry out a program known as the ``Criminal Alien Program'' for the 
purposes described in subsection (b).
    (b) Purposes.--The purposes of the Criminal Alien Program are to--
            (1) identify criminal aliens who are incarcerated in a 
        Federal, State, or local correctional facility;
            (2) ensure that such aliens are not released into the 
        community upon the alien's release from such incarceration, 
        without regard to whether the alien is released on parole, 
        supervised release, or probation, and without regard to whether 
        the alien may be arrested or imprisoned again for the same 
        offense; and
            (3) remove such aliens from the United States upon such 
        release.
    (c) Technology Usage.--To carry out the Criminal Alien Program in 
remote locations, the Secretary shall, to the maximum extent 
practicable--
            (1) employ technology, such as videoconferencing in such 
        locations;
            (2) utilize mobile access to Federal databases of aliens, 
        such as the Automated Biometric Fingerprint Identification 
        System (IDENT); and
            (3) utilize electronic Livescan fingerprinting technology 
        in order to make such resources available to State and local 
        law enforcement agencies in such locations.
    (d) Participation by States.--
            (1) In general.--Notwithstanding any other provision of 
        law, a State shall not be eligible to receive funds pursuant to 
        a program described in paragraph (2) unless the appropriate 
        officials of such State--
                    (A) cooperate with the Secretary to carry out the 
                Criminal Alien Program;
                    (B) expeditiously and systematically identify 
                criminal aliens who are incarcerated in a prison or 
                jail located in such State; and
                    (C) promptly convey the information collected under 
                subparagraph (B) to the Secretary to carry out the 
                Criminal Alien Program.
            (2) Programs.--The programs described in this section are 
        any law enforcement grant program carried out by personnel of 
        any element of the Department of Justice, including the program 
        described in section 241(i) of the Immigration and Nationality 
        Act (8 U.S.C. 1231(i)).
            (3) Other authorities.--To assist States in participating 
        in the Criminal Alien Program, appropriate officials of a 
        State--
                    (A) are authorized to hold an illegal alien for a 
                period of up to 14 days after the date such alien 
                completes a term of incarceration within the State in 
                order to effectuate the transfer of such alien to 
                Federal custody if the alien is removable or not 
                lawfully present in the United States; and
                    (B) are authorized to issue a detainer that would 
                allow an alien who completes a term of incarceration 
                within the State to be detained by the State prison 
                until personnel from U.S. Immigration and Customs 
                Enforcement is able to take the alien into custody.
    (e) Evaluation of Incarcerated Alien Populations.--The Secretary, 
acting in conjunction with the Attorney General and the appropriate 
officials of the States, as appropriate, shall carry out the Criminal 
Alien Program as follows:
            (1) Not later than December 31, 2010, identify each 
        criminal aliens who--
                    (A) is incarcerated in a Federal correctional 
                facility; and
                    (B) will be deportable or removable upon release 
                from such incarceration.
            (2) Not later than December 31, 2012, identify each 
        criminal alien who--
                    (A) is incarcerated in State or local correctional 
                facility;
                    (B) is serving a term of 3 or more years; and
                    (C) will be deportable or removable upon release 
                from such incarceration.

SEC. 4. REDESIGNATION.

    Section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373) is--
            (1) redesignated as section 296 of the Immigration and 
        Nationality Act; and
            (2) inserted into such Act after section 295 of such Act.

SEC. 5. ANNUAL REPORTS TO CONGRESS.

    The Secretary shall submit to Congress an annual report on the 
implementation of the Criminal Alien Program and the other provisions 
of this Act, including the Secretary's progress in meeting the 
deadlines set out in section 3(e).