I 

111TH CONGRESS 

1ST SESSION H. R. 2406 

To provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality 

Act, to authorize appropriations to carry out the State Criminal Alien 

Assistance Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2009 

Mrs. BLACKBURN (for herself, Mr. BILBRAY, Mr. HELLER, Mr. ROYCE, Mr. 

AKIN, Mr. SIMPSON, Mr. BROWN of South Carolina, Mr. ROHRABACHER, 

Mr. BROUN of Georgia, Mr. MARCHANT, Mr. ROGERS of Michigan, Mr. 

FRANKS of Arizona, Mr. PENCE, Mr. COLE, Mr. LAMBORN, Mr. PITTS, 

Mr. MCCLINTOCK, Mr. FLEMING, Ms. GINNY BROWN-WAITE of Florida, 

and Mr. PRICE 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 assistance 

in the enforcement of the immigration laws, to amend 

the Immigration and Nationality Act, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; STATE DE2 FINED; SEVERABILITY. 

3 (a) SHORT TITLE.—This Act may be cited as the 

4 ‘‘Clear Law Enforcement for Criminal Alien Removal Act 

5 of 2009’’ or the ‘‘Charlie Norwood CLEAR Act of 2009’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents; State defined; severability. 

Sec. 2. Federal affirmation of assistance in the immigration law enforcement by 

States and political subdivisions of States. 

Sec. 3. State authorization for assistance in the enforcement of immigration 

laws encouraged. 

Sec. 4. Listing of immigration violators in the National Crime Information Center database. 

Sec. 5. State and local law enforcement provision of information about apprehended aliens. 

Sec. 6. Financial assistance to State and local police agencies that assist in the 

enforcement of immigration laws. 

Sec. 7. Increased Federal detention space. 

Sec. 8. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement. 

Sec. 9. Training of State and local law enforcement personnel relating to the 

enforcement of immigration laws. 

Sec. 10. Immunity. 

Sec. 11. Institutional removal program (IRP). 

Sec. 12. State criminal alien assistance program (SCAAP). 

Sec. 13. Authorization of appropriations. 

8 (c) STATE DEFINED.—For purposes of this Act, the 

9 term ‘‘State’’ has the meaning given such term in section 

10 101(a)(36) of the Immigration and Nationality Act (8 

11 U.S.C. 1101(a)(36)). 

12 (d) SEVERABILITY.—If any provision of this Act, or 

13 the application of such provision to any person or cir14 cumstance, is held invalid, the remainder of this Act, and 

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1 larly situated or to other circumstances, shall not be af2 fected by such invalidation. 

3 SEC. 2. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IM4 MIGRATION LAW ENFORCEMENT BY STATES 

5 AND POLITICAL SUBDIVISIONS OF STATES. 

6 Notwithstanding any other provision of law and re7 affirming the existing inherent authority of States, law en8 forcement personnel of a State, or of a political subdivision 

9 of a State, have the inherent authority of a sovereign enti10 ty to investigate, identify, apprehend, arrest, detain, or 

11 transfer to Federal custody aliens in the United States 

12 (including the transportation of such aliens across State 

13 lines to detention centers), for the purposes of assisting 

14 in the enforcement of the immigration laws of the United 

15 States in the course of carrying out routine duties. This 

16 State authority has never been displaced or preempted by 

17 Congress. 

18 SEC. 3. STATE AUTHORIZATION FOR ASSISTANCE IN THE 

19 ENFORCEMENT OF IMMIGRATION LAWS EN20 COURAGED. 

21 (a) IN GENERAL.—Effective two years after the date 

22 of the enactment of this Act, a State, or a political subdivi23 sion of a State, that has in effect a statute, policy, or prac24 tice that prohibits law enforcement officers of the State, 

25 or of a political subdivision of the State, from assisting 


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1 or cooperating with Federal immigration law enforcement 

2 in the course of carrying out the officers’ routine law en3 forcement duties shall not receive any of the funds that 

4 would otherwise be allocated to the State under section 

5 241(i) of the Immigration and Nationality Act (8 U.S.C. 

6 1231(i)). 

7 (b) CONSTRUCTION.—Nothing in this section shall 

8 require law enforcement officials from States, or from po9 litical subdivisions of States, to report or arrest victims 

10 or witnesses of a criminal offense. 

11 (c) REALLOCATION OF FUNDS.—Any funds that are 

12 not allocated to a State, or to a political subdivision of 

13 a State, due to the failure of the State, or of the political 

14 subdivision of the State, to comply with subsection (a) 

15 shall be reallocated to States, or to political subdivisions 

16 of States, that comply with such subsection. 

17 SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NA18 TIONAL CRIME INFORMATION CENTER DATA19 BASE. 

20 (a) PROVISION OF INFORMATION TO THE NCIC.— 

21 Not later than 180 days after the date of the enactment 

22 of this Act and periodically thereafter as updates may re23 quire, the Under Secretary for Border and Transportation 

24 Security of the Department of Homeland Security shall 

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1 partment of Justice with such information as the Under 

2 Secretary may possess regarding any aliens against whom 

3 a final order of removal has been issued, any aliens who 

4 have signed a voluntary departure agreement, any aliens 

5 who have overstayed their authorized period of stay, and 

6 any aliens whose visas have been revoked. The National 

7 Crime Information Center shall enter such information 

8 into the Immigration Violators File of the National Crime 

9 Information Center database, regardless of whether— 

10 (1) the alien concerned received notice of a final 

11 order of removal; 

12 (2) the alien concerned has already been re13 moved; or 

14 (3) sufficient identifying information is avail15 able with respect to the alien concerned. 

16 (b) INCLUSION OF INFORMATION IN THE NCIC 

17 DATABASE.— 

18 (1) IN GENERAL.—Section 534(a) of title 28, 

19 United States Code, is amended— 

20 (A) in paragraph (3), by striking ‘‘and’’ at 

21 the end; 

22 (B) by redesignating paragraph (4) as 

23 paragraph (5); and 

24 (C) by inserting after paragraph (3) the 

25 following new paragraph: 


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1 ‘‘(4) acquire, collect, classify, and preserve 

2 records of violations by aliens of the immigration 

3 laws of the United States, regardless of whether any 

4 such alien has received notice of the violation or 

5 whether sufficient identifying information is avail6 able with respect to any such alien and even if any 

7 such alien has already been removed from the 

8 United States; and’’. 

9 (2) EFFECTIVE DATE.—The Attorney General 

10 shall ensure that the amendment made by paragraph 

11 (1) is implemented by not later than 6 months after 

12 the date of the enactment of this Act. 

13 SEC. 5. STATE AND LOCAL LAW ENFORCEMENT PROVISION 

14 OF INFORMATION ABOUT APPREHENDED 

15 ALIENS. 

16 (a) PROVISION OF INFORMATION.—In compliance 

17 with section 642(a) of the Illegal Immigration Reform and 

18 Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 

19 and section 434 of the Personal Responsibility and Work 

20 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), 

21 each State, and each political subdivision of a State, shall 

22 provide the Secretary of Homeland Security in a timely 

23 manner with the information specified in subsection (b) 

24 with respect to each alien apprehended in the jurisdiction 

25 of the State, or in the political subdivision of the State, 


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1 who is believed to be in violation of the immigration laws 

2 of the United States. 

3 (b) INFORMATION REQUIRED.—The information re4 ferred to in subsection (a) is as follows: 

5 (1) The alien’s name. 

6 (2) The alien’s address or place of residence. 

7 (3) A physical description of the alien. 

8 (4) The date, time, and location of the encoun9 ter with the alien and reason for stopping, detaining, 

10 apprehending, or arresting the alien. 

11 (5) If applicable, the alien’s driver’s license 

12 number and the State of issuance of such license. 

13 (6) If applicable, the type of any other identi14 fication document issued to the alien, any designa15 tion number contained on the identification docu16 ment, and the issuing entity for the identification 

17 document. 

18 (7) If applicable, the license plate number, 

19 make, and model of any automobile registered to, or 

20 driven by, the alien. 

21 (8) A photo of the alien, if available or readily 

22 obtainable. 

23 (9) The alien’s fingerprints, if available or read24 ily obtainable. 


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1 (c) ANNUAL REPORT ON REPORTING.—The Sec2 retary shall maintain and annually submit to Congress a 

3 detailed report listing the States, or the political subdivi4 sions of States, that have provided information under sub5 section (a) in the preceding year. 

6 (d) REIMBURSEMENT.—The Secretary of Homeland 

7 Security shall reimburse States, and political subdivisions 

8 of a State, for all reasonable costs, as determined by the 

9 Secretary, incurred by the State, or the political subdivi10 sion of a State, as a result of providing information under 

11 subsection (a). 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated to the Secretary such sums 

14 as are necessary to carry out this section. 

15 (f) CONSTRUCTION.—Nothing in this section shall re16 quire law enforcement officials of a State, or of a political 

17 subdivision of a State, to provide the Secretary of Home18 land Security with information related to a victim of a 

19 crime or witness to a criminal offense. 

20 SEC. 6. FINANCIAL ASSISTANCE TO STATE AND LOCAL PO21 LICE AGENCIES THAT ASSIST IN THE EN22 FORCEMENT OF IMMIGRATION LAWS. 

23 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

24 AND PROCESSING CERTAIN ALIENS.—From amounts 

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1 retary of Homeland Security shall make grants to States, 

2 and to political subdivisions of States, for procurement of 

3 equipment, technology, facilities, and other products that 

4 facilitate and are directly related to investigating, appre5 hending, arresting, detaining, or transporting aliens who 

6 have violated the immigration law of the United States, 

7 including additional administrative costs incurred under 

8 this Act. 

9 (b) ELIGIBILITY.—To be eligible to receive a grant 

10 under this section, a State, or a political subdivision of 

11 a State, must have the authority to, and shall have a writ12 ten policy and a practice to, assist in the enforcement of 

13 the immigration laws of the United States in the course 

14 of carrying out the routine law enforcement duties of such 

15 State or political subdivision of a State. Entities covered 

16 under this section may not have any policy or practice that 

17 prevents local law enforcement from inquiring about a sus18 pect’s immigration status. 

19 (c) FUNDING.—There is authorized to be appro20 priated to the Secretary for grants under this section such 

21 sums as may be necessary for fiscal year 2010 and each 

22 subsequent fiscal year. 

23 (d) GAO AUDIT.—Not later than three years after 

24 the date of the enactment of this Act, the Comptroller 

25 General of the United States shall conduct an audit of 


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1 funds distributed to States, and to political subdivisions 

2 of a State, under subsection (a). 

3 SEC. 7. INCREASED FEDERAL DETENTION SPACE. 

4 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

5 FACILITIES.— 

6 (1) IN GENERAL.—The Secretary of Homeland 

7 Security shall construct or acquire, in addition to ex8 isting facilities for the detention of aliens, 20 deten9 tion facilities in the United States, for aliens de10 tained pending removal from the United States or a 

11 decision regarding such removal. Each facility shall 

12 have a number of beds necessary to effectuate this 

13 purposes of this Act. 

14 (2) DETERMINATIONS.—The location of any de15 tention facility built or acquired in accordance with 

16 this subsection shall be determined by the Deputy 

17 Assistant Director of the Detention Management Di18 vision of the Immigration and Customs Enforcement 

19 Office of Detention and Removal within United 

20 States Immigration and Customs Enforcement. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary such 

23 sums as are necessary to carry out this section. 

24 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

25 Section 241(g)(1) of the Immigration and Nationality Act 


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1 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex2 pend’’ and inserting ‘‘shall expend’’. 

3 SEC. 8. FEDERAL CUSTODY OF ALIENS UNLAWFULLY 

4 PRESENT IN THE UNITED STATES APPRE5 HENDED BY STATE OR LOCAL LAW ENFORCE6 MENT. 

7 (a) STATE APPREHENSION.— 

8 (1) IN GENERAL.—Title II of the Immigration 

9 and Nationality Act (8 U.S.C. 1151 et seq.) is 

10 amended by inserting after section 240C the fol11 lowing: 

12 ‘‘CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE

13 UNITED STATES

14 ‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE

15 AND LOCAL OFFICIALS.—If a State, or a political subdivi16 sion of the State, exercising authority with respect to the 

17 apprehension or arrest of an alien who is unlawfully 

18 present in the United States submits to the Secretary of 

19 Homeland Security a request that the alien be taken into 

20 Federal custody, the Secretary— 

21 ‘‘(1) not later than 48 hours after the conclu22 sion of the State, or the political subdivision of a 

23 State, charging process or dismissal process, or if no 

24 State or political subdivision charging or dismissal 

25 process is required, not later than 48 hours after the 

26 alien is apprehended, shall take the alien into the 


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1 custody of the Federal Government and incarcerate 

2 the alien; or 

3 ‘‘(2) shall request that the relevant State or 

4 local law enforcement agency temporarily incarcerate 

5 or transport the alien for transfer to Federal cus6 tody; and 

7 ‘‘(b) POLICY ON DETENTION IN STATE AND LOCAL

8 DETENTION FACILITIES.—In carrying out section 

9 241(g)(1), the Attorney General or Secretary of Homeland 

10 Security shall ensure that an alien arrested under this Act 

11 shall be detained, pending the alien’s being taken for the 

12 examination under this section, in a State or local prison, 

13 jail, detention center, or other comparable facility. Not14 withstanding any other provision of law or regulation, 

15 such facility is adequate for detention, if— 

16 ‘‘(1) such a facility is the most suitably located 

17 Federal, State, or local facility available for such 

18 purpose under the circumstances; 

19 ‘‘(2) an appropriate arrangement for such use 

20 of the facility can be made; and 

21 ‘‘(3) such facility satisfies the standards for the 

22 housing, care, and security of persons held in cus23 tody of a United States marshal. 

24 ‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 

25 Security shall reimburse States, and political subdivisions 


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1 of a State, for all reasonable expenses, as determined by 

2 the Secretary, incurred by the State, or political subdivi3 sion, as a result of the incarceration and transportation 

4 of an alien who is unlawfully present in the United States 

5 as described in subparagraphs (A) and (B) of subsection 

6 (a)(1). Compensation provided for costs incurred under 

7 such subparagraphs shall be the average cost of incarcer8 ation of a prisoner in the relevant State, as determined 

9 by the chief executive officer of a State, or of a political 

10 subdivision of a State, plus the cost of transporting the 

11 alien from the point of apprehension to the place of deten12 tion, and to the custody transfer point if the place of de13 tention and place of custody are different. 

14 ‘‘(d) SECURE FACILITIES.—The Secretary of Home15 land Security shall ensure that aliens incarcerated in Fed16 eral facilities pursuant to this Act are held in facilities 

17 that provide an appropriate level of security. 

18 ‘‘(e) TRANSFER.— 

19 ‘‘(1) IN GENERAL.—In carrying out this sec20 tion, the Secretary of Homeland Security shall es21 tablish a regular circuit and schedule for the prompt 

22 transfer of apprehended aliens from the custody of 

23 States, and political subdivisions of a State, to Fed24 eral custody. 


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1 ‘‘(2) CONTRACTS.—The Secretary may enter 

2 into contracts, including appropriate private con3 tracts, to implement this subsection. 

4 ‘‘(f) DEFINITION.—For purposes of this section, the 

5 term ‘alien who is unlawfully present in the United States’ 

6 means an alien who— 

7 ‘‘(1) entered the United States without inspec8 tion or at any time, manner or place other than that 

9 designated by the Secretary of Homeland Security; 

10 ‘‘(2) was admitted as a nonimmigrant and who, 

11 at the time the alien was taken into custody by the 

12 State, or a political subdivision of the State, had 

13 failed to— 

14 ‘‘(A) maintain the nonimmigrant status in 

15 which the alien was admitted or to which it was 

16 changed under section 248; or 

17 ‘‘(B) comply with the conditions of any 

18 such status; 

19 ‘‘(3) was admitted as an immigrant and has 

20 subsequently failed to comply with the requirements 

21 of that status; or 

22 ‘‘(4) failed to depart the United States under a 

23 voluntary departure agreement or under a final 

24 order of removal.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents of such Act is amended by inserting after the 

3 item relating to section 240C the following new item: 

‘‘Sec. 240D. Custody of aliens unlawfully present in the United States.’’. 

4 (b) GAO AUDIT.—Not later than three years after 

5 the date of the enactment of this Act, the Comptroller 

6 General of the United States shall conduct an audit of 

7 compensation to States, and to political subdivisions of a 

8 State, for the incarceration of aliens unlawfully present 

9 in the United States under section 240D(a) of the Immi10 gration and Nationality Act (as added by subsection 

11 (a)(1)). 

12 SEC. 9. TRAINING OF STATE AND LOCAL LAW ENFORCE13 MENT PERSONNEL RELATING TO THE EN14 FORCEMENT OF IMMIGRATION LAWS. 

15 (a) ESTABLISHMENT OF TRAINING MANUAL AND

16 POCKET GUIDE.—Not later than 180 days after the date 

17 of the enactment of this Act, the Secretary of Homeland 

18 Security shall establish— 

19 (1) a training manual for law enforcement per20 sonnel of a State, or of a political subdivision of a 

21 State, to train such personnel in the investigation, 

22 identification, apprehension, arrest, detention, and 

23 transfer to Federal custody of aliens unlawfully 

24 present in the United States (including the transpor25 tation of such aliens across State lines to detention 


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1 centers and the identification of fraudulent docu2 ments); and 

3 (2) an immigration enforcement pocket guide 

4 for law enforcement personnel of a State, or of a po5 litical subdivision of a State, to provide a quick ref6 erence for such personnel in the course of duty. 

7 (b) AVAILABILITY.—The training manual and pocket 

8 guide established in accordance with subsection (a) shall 

9 be made available to all State and local law enforcement 

10 personnel. 

11 (c) APPLICABILITY.—Nothing in this section shall be 

12 construed to require State or local law enforcement per13 sonnel to carry the training manual or pocket guide with 

14 them while on duty. 

15 (d) COSTS.—The Secretary of Homeland Security 

16 shall be responsible for any costs incurred in establishing 

17 the training manual and pocket guide. 

18 (e) TRAINING FLEXIBILITY.— 

19 (1) IN GENERAL.—The Secretary of Homeland 

20 Security shall make training of State and local law 

21 enforcement officers available through as many 

22 means as possible, including through residential 

23 training at the Center for Domestic Preparedness, 

24 onsite training held at State or local police agencies 

25 or facilities, online training courses by computer, 


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1 teleconferencing, and videotape, or the digital video 

2 display (DVD) of a training course or courses. E3 learning through a secure, encrypted distributed 

4 learning system that has all its servers based in the 

5 United States, is scalable, survivable, and can have 

6 a portal in place not later than 30 days after the 

7 date of the enactment of this Act, shall be made 

8 available by the Federal Law Enforcement Training 

9 Center Distributed Learning Program for State and 

10 local law enforcement personnel. 

11 (2) FEDERAL PERSONNEL TRAINING.—The 

12 training of State and local law enforcement per13 sonnel under this section shall not displace the train14 ing of Federal personnel. 

15 (3) CLARIFICATION.—Nothing in this Act or 

16 any other provision of law shall be construed as 

17 making any immigration-related training a require18 ment for, or prerequisite to, any State or local law 

19 enforcement officer to assist in the enforcement of 

20 Federal immigration laws in the normal course of 

21 carrying out the normal law enforcement duties of 

22 such officers. 

23 In carrying out this section, priority funding shall be given 

24 for existing web-based immigration enforcement training 

25 systems. 


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1 SEC. 10. IMMUNITY. 

2 (a) PERSONAL IMMUNITY.—Notwithstanding any 

3 other provision of law, a law enforcement officer of a State 

4 or local law enforcement agency who is acting within the 

5 scope of the officer’s official duties shall be immune, to 

6 the same extent as a Federal law enforcement officer, 

7 from personal liability arising out of the performance of 

8 any duty described in this Act. 

9 (b) AGENCY IMMUNITY.—Notwithstanding any other 

10 provision of law, a State or local law enforcement agency 

11 shall be immune from any claim for money damages based 

12 on Federal, State, or local civil rights law for an incident 

13 arising out of the enforcement of any immigration law, 

14 except to the extent a law enforcement officer of such 

15 agency committed a violation of Federal, State, or local 

16 criminal law in the course of enforcing such immigration 

17 law. 

18 SEC. 11. INSTITUTIONAL REMOVAL PROGRAM (IRP). 

19 (a) CONTINUATION AND EXPANSION.— 

20 (1) IN GENERAL.—The Secretary of Homeland 

21 Security shall continue to operate and implement the 

22 program known as the Institutional Removal Pro23 gram (IRP) which— 

24 (A) identifies removable criminal aliens in 

25 Federal and State correctional facilities; 


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1 (B) ensures such aliens are not released 

2 into the community; and 

3 (C) removes such aliens from the United 

4 States after the completion of their sentences. 

5 (2) EXPANSION.—The Institutional Removal 

6 Program shall be extended to all States. Any State 

7 that receives Federal funds for the incarceration of 

8 criminal aliens shall— 

9 (A) cooperate with officials of the Institu10 tional Removal Program; 

11 (B) expeditiously and systematically iden12 tify criminal aliens in its prison and jail popu13 lations; and 

14 (C) promptly convey such information to 

15 officials of such Program as a condition of re16 ceiving such funds. 

17 (b) AUTHORIZATION FOR DETENTION AFTER COM18 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

19 enforcement officers of a State, or of a political subdivision 

20 of a State, are authorized to— 

21 (1) hold a criminal alien for a period of up to 

22 14 days after the alien has completed the alien’s 

23 State prison sentence in order to effectuate the 

24 transfer of the alien to Federal custody when the 


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1 alien is removable or not lawfully present in the 

2 United States; or 

3 (2) issue a detainer that would allow aliens who 

4 have served a State prison sentence to be detained 

5 by the State prison until personnel from United 

6 States Immigration and Customs Enforcement can 

7 take the alien into custody. 

8 (c) TECHNOLOGY USAGE.—Technology such as video 

9 conferencing shall be used to the maximum extent prac10 ticable in order to make the Institutional Removal Pro11 gram available in remote locations. Mobile access to Fed12 eral databases of aliens, such as IDENT, and live scan 

13 technology shall be used to the maximum extent prac14 ticable in order to make these resources available to State 

15 and local law enforcement agencies in remote locations. 

16 SEC. 12. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

17 (SCAAP). 

18 Section 241(i)(5) of the Immigration and Nationality 

19 Act (8 U.S.C.1231(i)) is amended to read as follows: 

20 ‘‘(5) There are authorized to be appropriated to 

21 carry out this subsection such sums as may be nec22 essary for fiscal year 2010 and each subsequent fis23 cal year.’’. 


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1 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary for fiscal year 2010 and each subsequent fiscal year 

4 such sums as may be necessary to carry out this Act. 

Æ 


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