II 

109TH CONGRESS 

1ST SESSION S. 1362 

To provide for enhanced Federal enforcement of, and State and local assistance in the enforcement of, the immigration laws of the United States, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 30, 2005 

Mr. SESSIONS (for himself, Mr. CRAIG, Mr. INHOFE, and Mr. ISAKSON) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL

To provide for enhanced Federal enforcement of, and State 

and local assistance in the enforcement of, the immigration laws of the United States, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Enhancement Act of 2005’’. 

6 SEC. 2. STATE DEFINED. 

7 In this Act, the term ‘‘State’’ has the meaning given 

8 that term in section 101(a)(36) of the Immigration and 

9 Nationality Act (8 U.S.C. 1101 (a)(36)). 
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•S 1362 IS

1 SEC. 3. FEDERAL AFFIRMATION OF IMMIGRATION LAW EN2 FORCEMENT BY STATES AND POLITICAL SUB3 DIVISIONS OF STATES. 

4 Notwithstanding any other provision of law and re5 affirming the existing inherent authority of States, law en6 forcement personnel of a State or a political subdivision 

7 of a State have the inherent authority of a sovereign entity 

8 to investigate, identify, apprehend, arrest, detain, or 

9 transfer to Federal custody aliens in the United States 

10 (including the transportation of such aliens across State 

11 lines to detention centers), for the purpose of assisting in 

12 the enforcement of the immigration laws of the United 

13 States in the normal course of carrying out the law en14 forcement duties of such personnel. This State authority 

15 has never been displaced or preempted by a Federal law. 

16 SEC. 4. STATE AND LOCAL LAW ENFORCEMENT PROVISION 

17 OF INFORMATION REGARDING ALIENS. 

18 (a) VIOLATIONS OF FEDERAL LAW.—A statute, pol19 icy, or practice that prohibits a law enforcement officer 

20 of a State, or of a political subdivision of a State, from 

21 enforcing Federal immigration laws or from assisting or 

22 cooperating with Federal immigration law enforcement in 

23 the course of carrying out the law enforcement duties of 

24 the officer or from providing information to an official of 

25 the United States Government regarding the immigration 

26 status of an individual who is believed to be illegally 
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•S 1362 IS

1 present in the United States is in violation of section 

2 642(a) of the Illegal Immigration Reform and Immigrant 

3 Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 

4 434 of the Personal Responsibility and Work Opportunity 

5 Reconciliation Act of 1996 (8 U.S.C. 1644). 

6 (b) PROVISION OF INFORMATION REGARDING AP7 PREHENDED ILLEGAL ALIENS.— 

8 (1) IN GENERAL.—In compliance with section 

9 642(a) of the Illegal Immigration Reform and Immi10 grant Responsibility Act of 1996 (8 U.S.C. 1373(a)) 

11 and section 434 of the Personal Responsibility and 

12 Work Opportunity Reconciliation Act of 1996 (8 

13 U.S.C. 1644), States and localities should provide to 

14 the Secretary of Homeland Security the information 

15 listed in subsection (c) on each alien apprehended or 

16 arrested in the jurisdiction of the State or locality 

17 who is believed to be in violation of an immigration 

18 law of the United States. Such information should 

19 be provided regardless of the reason for the appre20 hension or arrest of the alien. 

21 (2) TIME LIMITATION.—Not later than 10 days 

22 after an alien described in paragraph (1) is appre23 hended, information requested to be provided under 

24 paragraph (1) should be provided in such form and 
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1 in such manner as the Secretary of Homeland Secu2 rity may, by regulation or guideline, require. 

3 (c) INFORMATION REQUIRED.—The information list4 ed in this subsection is as follows: 

5 (1) The name of the alien. 

6 (2) The address or place of residence of the 

7 alien. 

8 (3) A physical description of the alien. 

9 (4) The date, time, and location of the encoun10 ter with the alien and reason for stopping, detaining, 

11 apprehending, or arresting the alien. 

12 (5) If applicable, the driver’s license number 

13 issued to the alien and the State of issuance of such 

14 license. 

15 (6) If applicable, the type of any other identi16 fication document issued to the alien, any designa17 tion number contained on the identification docu18 ment, and the issuing entity for the identification 

19 document. 

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

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

22 driven by, the alien. 

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

24 obtainable. 
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1 (9) The fingerprints of the alien, if available or 

2 readily obtainable, including a full set of 10 rolled 

3 fingerprints if available or readily obtainable. 

4 (d) REIMBURSEMENT.—The Secretary of Homeland 

5 Security shall reimburse States and localities for all rea6 sonable costs, as determined by the Secretary of Home7 land Security, incurred by that State or locality as a result 

8 of providing information required by this section. 

9 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) ILLEGAL IMMIGRATION REFORM AND IMMI11 GRANT RESPONSIBILITY ACT OF 1996.— 

12 (A) TECHNICAL AMENDMENT.—Section 

13 642 of the Illegal Immigration Reform and Im14 migrant Responsibility Act of 1996 (8 U.S.C. 

15 1373) is amended— 

16 (i) in subsections (a), (b)(1), and (c) 

17 by striking ‘‘Immigration and Naturaliza18 tion Service’’ and inserting ‘‘Department 

19 of Homeland Security’’; and 

20 (ii) in the heading by striking ‘‘IMMI21 GRATION AND NATURALIZATION SERV22 ICE’’ and inserting ‘‘DEPARTMENT OF

23 HOMELAND SECURITY’’. 

24 (B) CONFORMING AMENDMENT.—Section 

25 1(d) of the Illegal Immigration Reform and Im-
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•S 1362 IS

1 migrant Responsibility Act of 1996 (division C 

2 of Public Law 104–208; 110 Stat. 3009–546) 

3 is amended by striking the item related to sec4 tion 642 and inserting the following:

‘‘Sec. 642. Communication between government agencies and the Department of Homeland Security.’’.

5 (2) PERSONAL RESPONSIBILITY AND WORK OP6 PORTUNITY RECONCILIATION ACT OF 1996.— 

7 (A) IN GENERAL.—Section 434 of the Per8 sonal Responsibility and Work Opportunity 

9 Reconciliation Act of 1996 (8 U.S.C. 1644) is 

10 amended— 

11 (i) by striking ‘‘Immigration and Nat12 uralization Service’’ and inserting ‘‘Depart13 ment of Homeland Security’’; and 

14 (ii) in the heading by striking ‘‘IMMI15 GRATION AND NATURALIZATION SERV16 ICE’’ and inserting ‘‘DEPARTMENT OF

17 HOMELAND SECURITY’’. 

18 (B) CONFORMING AMENDMENT.—Section 

19 2 of the Personal Responsibility and Work Op20 portunity Reconciliation Act of 1996 (Public 

21 Law 104–193; 110 Stat. 2105) is amended by 

22 striking the item related to section 434 and in23 serting the following:

‘‘Sec. 434. Communication between State and local government agencies 

and the Department of Homeland Security.’’.
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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated such sums as are necessary 

3 to provide the reimbursements required by subsection (d). 

4 SEC. 5. CIVIL AND CRIMINAL PENALTIES AND FORFEITURE 

5 FOR ALIENS UNLAWFULLY PRESENT IN THE 

6 UNITED STATES. 

7 (a) ALIENS UNLAWFULLY PRESENT.—Title II of the 

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

9 is amended by adding after section 275 the following: 

10 ‘‘CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN

11 THE UNITED STATES

12 ‘‘SEC. 275A. (a) IN GENERAL.—In addition to any 

13 other violation, an alien present in the United States in 

14 violation of this Act shall be guilty of a misdemeanor and 

15 shall be fined under title 18, United States Code, impris16 oned not more than 1 year, or both. The assets of any 

17 alien present in the United States in violation of this Act 

18 shall be subject to forfeiture under title 19, United States 

19 Code. 

20 ‘‘(b) AFFIRMATIVE DEFENSE.—It shall be an affirm21 ative defense to a violation of subsection (a) that the alien 

22 overstayed the time allotted under the alien’s visa due to 

23 an exceptional and extremely unusual hardship or physical 

24 illness that prevented the alien from leaving the United 

25 States by the required date.’’. 
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•S 1362 IS

1 (b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL

2 ENTRY.—Section 275(a) of the Immigration and Nation3 ality Act (8 U.S.C. 1325(a)) is amended by striking ‘‘6 

4 months,’’ and inserting ‘‘1 year,’’. 

5 SEC. 6. LISTING OF IMMIGRATION VIOLATORS IN THE NA6 TIONAL CRIME INFORMATION CENTER DATA7 BASE. 

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

9 (1) IN GENERAL.—Not later than 180 days 

10 after the date of enactment of this Act, the Under 

11 Secretary for Border and Transportation Security of 

12 the Department of Homeland Security shall provide 

13 the National Crime Information Center of the De14 partment of Justice with such information as the 

15 Director may have related to— 

16 (A) any alien against whom a final order 

17 of removal has been issued; 

18 (B) any alien who is subject to a voluntary 

19 departure agreement; 

20 (C) any alien who has remained in the 

21 United States beyond the alien’s authorized pe22 riod of stay; and 

23 (D) any alien whose visa has been revoked. 

24 (2) REQUIREMENT TO PROVIDE AND USE IN25 FORMATION.—The information described in para-
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1 graph (1) shall be provided to the National Crime 

2 Information Center, and the Center shall enter the 

3 information into the Immigration Violators File of 

4 the National Crime Information Center database, re5 gardless of whether— 

6 (A) the alien received notice of a final 

7 order of removal; 

8 (B) the alien has already been removed; or 

9 (C) sufficient identifying information is 

10 available for the alien, such as a physical de11 scription of the alien. 

12 (b) INCLUSION OF INFORMATION IN THE NCIC 

13 DATABASE.—Section 534(a) of title 28, United States 

14 Code, is amended— 

15 (1) in paragraph (3), by striking ‘‘and’’ at the 

16 end; 

17 (2) by redesignating paragraph (4) as para18 graph (5); and 

19 (3) by inserting after paragraph (3) the fol20 lowing: 

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

22 records of violations of the immigration laws of the 

23 United States, regardless of whether the alien has 

24 received notice of the violation, sufficient identifying 
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1 information is available for the alien, or the alien 

2 has already been removed; and’’. 

3 (c) PERMISSION TO DEPART VOLUNTARILY.—Sec4 tion 240B of the Immigration and Nationality Act (8 

5 U.S.C. 1229c) is amended— 

6 (1) by striking ‘‘Attorney General’’ each place 

7 that term appears and inserting ‘‘Secretary of 

8 Homeland Security’’; and 

9 (2) in subsection (a)(2)(A), by striking ‘‘120’’ 

10 and inserting ‘‘30’’. 

11 SEC. 7. INCREASE OF FEDERAL DETENTION SPACE AND 

12 THE UTILIZATION OF FACILITIES IDENTIFIED 

13 FOR CLOSURES AS A RESULT OF THE DE14 FENSE BASE CLOSURE REALIGNMENT ACT 

15 OF 1990. 

16 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

17 FACILITIES.— 

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

19 Security shall construct or acquire, in addition to ex20 isting facilities for the detention of aliens, 20 deten21 tion facilities in the United States that have the ca22 pacity to detain a total of not less than 10,000 indi23 viduals at any time for aliens detained pending re24 moval or a decision on removal of such alien from 

25 the United States. 
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1 (2) DETERMINATION OF LOCATION.—The loca2 tion of any detention facility built or acquired in ac3 cordance with this subsection shall be determined by 

4 the Deputy Assistant Director of the Office of De5 tention and Removal Operations within the Bureau 

6 of Immigration and Customs Enforcement. 

7 (3) USE OF INSTALLATIONS UNDER BASE CLO8 SURE LAWS.—In acquiring detention facilities under 

9 this subsection, the Secretary of Homeland Security 

10 shall, to the maximum extent practical, request the 

11 transfer of appropriate portions of military installa12 tions approved for closure or realignment under the 

13 Defense Base Closure and Realignment Act of 1990 

14 (part A of title XXIX of Public Law 101–510; 10 

15 U.S.C. 2687 note) for use in accordance with para16 graph (1). 

17 (b) TECHNICAL AND CONFORMING AMENDMENT.—

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

19 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex20 pend’’ and inserting ‘‘shall expend’’. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as necessary 

23 to carry out this section. 
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•S 1362 IS

1 SEC. 8. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE2 HENDED BY STATE OR LOCAL LAW ENFORCE3 MENT. 

4 (a) IN GENERAL.—Title II of the Immigration and 

5 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

6 adding after section 240C the following: 

7 ‘‘TRANSFER OF ILLEGAL ALIENS FROM STATE TO

8 FEDERAL CUSTODY

9 ‘‘SEC. 240D. (a) IN GENERAL.—If the head of a law 

10 enforcement entity of a State (or, if appropriate, a polit11 ical subdivision of the State) exercising authority with re12 spect to the apprehension or arrest of an illegal alien sub13 mits a request to the Secretary of Homeland Security that 

14 the alien be taken into Federal custody, the Secretary of 

15 Homeland Security— 

16 ‘‘(1) shall— 

17 ‘‘(A) not later than 72 hours after the con18 clusion of the State charging process or dis19 missal process, or if no State charging or dis20 missal process is required, not later than 72 

21 hours after the illegal alien is apprehended, 

22 take the illegal alien into the custody of the 

23 Federal Government and incarcerate the alien; 

24 or 

25 ‘‘(B) request that the relevant State or 

26 local law enforcement agency temporarily detain 
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•S 1362 IS

1 or transport the illegal alien to a location for 

2 transfer to Federal custody; and 

3 ‘‘(2) shall designate at least one Federal, State, 

4 or local prison or jail or a private contracted prison 

5 or detention facility within each State as the central 

6 facility for that State to transfer custody of criminal 

7 or illegal aliens to the Department of Homeland Se8 curity.’’. 

9 ‘‘(b) REIMBURSEMENT.— 

10 ‘‘(1) IN GENERAL.—The Department of Home11 land Security shall reimburse a State or a political 

12 subdivision of a State for all reasonable expenses, as 

13 determined by the Secretary of Homeland Security, 

14 incurred by the State or political subdivision in the 

15 detention and transportation of a criminal or illegal 

16 alien as described in subparagraphs (A) and (B) of 

17 subsection (a)(1). 

18 ‘‘(2) COST COMPUTATION.—Compensation pro19 vided for costs incurred under subparagraphs (A) 

20 and (B) of subsection (a)(1) shall be— 

21 ‘‘(A) the product of— 

22 ‘‘(i) the average cost of incarceration 

23 of a prisoner in the relevant State, as de24 termined by the chief executive officer of a 
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1 State (or, as appropriate, a political sub2 division of the State); multiplied by 

3 ‘‘(ii) the number of days that the alien 

4 was in the custody of the State or political 

5 subdivision; added to 

6 ‘‘(B) the cost of transporting the criminal 

7 or illegal alien from the point of apprehension 

8 or arrest to the location of detention, and if the 

9 location of detention and of custody transfer 

10 are different, to the custody transfer point. 

11 ‘‘(c) REQUIREMENT FOR APPROPRIATE SECURITY.—

12 The Secretary of Homeland Security shall ensure that ille13 gal aliens incarcerated in Federal facilities pursuant to 

14 this subsection are held in facilities which provide an ap15 propriate level of security. 

16 ‘‘(d) REQUIREMENT FOR SCHEDULE.— 

17 ‘‘(1) IN GENERAL.—In carrying out this sec18 tion, the Secretary of Homeland Security shall es19 tablish a regular circuit and schedule for the prompt 

20 transfer of apprehended illegal aliens from the cus21 tody of States and political subdivisions of States to 

22 Federal custody. 

23 ‘‘(2) AUTHORITY FOR CONTRACTS.—The Sec24 retary of Homeland Security may enter into con25 tracts with appropriate State and local law enforce-
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1 ment and detention officials to implement this sub2 section. 

3 ‘‘(e) ILLEGAL ALIEN DEFINED.—For purposes of 

4 this section, the term ‘illegal alien’ means an alien who— 

5 ‘‘(1) entered the United States without inspec6 tion or at any time or place other than that des7 ignated by the Secretary of Homeland Security; 

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

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

10 State or a political subdivision of the State, had 

11 failed to— 

12 ‘‘(A) maintain the nonimmigrant status in 

13 which the alien was admitted or to which it was 

14 changed under section 248; or 

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

16 such status; 

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

18 subsequently failed to comply with the requirements 

19 of that status; or 

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

21 voluntary departure agreement or under a final 

22 order of removal.’’. 

23 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

24 DETENTION AND TRANSPORTATION TO FEDERAL CUS25 TODY OF ALIENS NOT LAWFULLY PRESENT.—There is 
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1 authorized to be appropriated $500,000,000 for the deten2 tion and removal of aliens not lawfully present in the 

3 United States under the Immigration and Nationality Act 

4 (8 U.S.C. 1101 et seq.) for fiscal year 2006 and each sub5 sequent fiscal year. 

6 SEC. 9. IMMIGRATION LAW ENFORCEMENT TRAINING OF 

7 STATE AND LOCAL LAW ENFORCEMENT PER8 SONNEL. 

9 (a) TRAINING MANUAL AND POCKET GUIDE.— 

10 (1) ESTABLISHMENT.—Not later than 180 days 

11 after the date of enactment of this Act, the Sec12 retary of Homeland Security shall establish— 

13 (A) a training manual for law enforcement 

14 personnel of a State or political subdivision of 

15 a State to train such personnel in the investiga16 tion, identification, apprehension, arrest, deten17 tion, and transfer to Federal custody of aliens 

18 in the United States (including the transpor19 tation of such aliens across State lines to deten20 tion centers and the identification of fraudulent 

21 documents); and 

22 (B) an immigration enforcement pocket 

23 guide for law enforcement personnel of a State 

24 or political subdivision of a State to provide a 
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1 quick reference for such personnel in the course 

2 of duty. 

3 (2) AVAILABILITY.—The training manual and 

4 pocket guide established in accordance with para5 graph (1) shall be made available to all State and 

6 local law enforcement personnel. 

7 (3) APPLICABILITY.—Nothing in this sub8 section shall be construed to require State or local 

9 law enforcement personnel to carry the training 

10 manual or pocket guide established in accordance 

11 with paragraph (1) with them while on duty. 

12 (4) COSTS.—The Secretary of Homeland Secu13 rity shall be responsible for any and all costs in14 curred in establishing the training manual and pock15 et guide under this subsection. 

16 (b) TRAINING FLEXIBILITY.— 

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

18 Security shall make training of State and local law 

19 enforcement officers available through as many 

20 means as possible, including residential training at 

21 the Center for Domestic Preparedness of the De22 partment of Homeland Security, onsite training held 

23 at State or local police agencies or facilities, on-line 

24 training courses by computer, teleconferencing, and 
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1 videotape, or the digital video display (DVD) of a 

2 training course or courses. 

3 (2) ON-LINE TRAINING.—The head of the Dis4 tributed Learning Program of the Federal Law En5 forcement Training Center shall make training avail6 able for State and local law enforcement personnel 

7 via the Internet through a secure, encrypted distrib8 uted learning system that has all its servers based 

9 in the United States, is sealable, survivable, and is 

10 capable of having a portal in place within 30 days. 

11 (3) 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 (c) CLARIFICATION.—Nothing in this Act or any 

16 other provision of law shall be construed as making any 

17 immigration-related training a requirement for, or pre18 requisite to, any State or local law enforcement officer ex19 ercising the inherent authority of the officer to investigate, 

20 identify, apprehend, arrest, detain, or transfer to Federal 

21 custody illegal aliens during the normal course of carrying 

22 out the law enforcement duties of the officer. 

23 (d) TRAINING LIMITATION.—Section 287(g) of the 

24 Immigration and Nationality Act (8 U.S.C. 1357(g)) is 

25 amended— 
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1 (1) by striking ‘‘Attorney General’’ each place 

2 that term appears and inserting ‘‘Secretary of 

3 Homeland Security’’; and 

4 (2) in paragraph (2), by adding at the end the 

5 following: ‘‘Such training shall not exceed 14 days or 

6 80 hours, whichever is longer.’’. 

7 SEC. 10. IMMUNITY. 

8 (a) PERSONAL IMMUNITY.—Notwithstanding any 

9 other provision of law, a law enforcement officer of a 

10 State, or of a political subdivision of a State, shall be im11 mune, to the same extent as a Federal law enforcement 

12 officer, from personal liability arising out of the enforce13 ment of any immigration law. The immunity provided in 

14 this subsection shall only apply to an officer of a State, 

15 or of a political subdivision of a State, who is acting within 

16 the scope of such officer’s official duties. 

17 (b) AGENCY IMMUNITY.—Notwithstanding any other 

18 provision of law, a law enforcement agency of a State, or 

19 of a political subdivision of a State, shall be immune from 

20 any claim for money damages based on Federal, State, 

21 or local civil rights law for an incident arising out of the 

22 enforcement of any immigration law, except to the extent 

23 that the law enforcement officer of that agency, whose ac24 tion the claim involves, committed a violation of Federal, 
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1 State, or local criminal law in the course of enforcing such 

2 immigration law. 

3 SEC. 11. PLACES OF DETENTION FOR ALIENS DETAINED 

4 PENDING EXAMINATION OR DECISION ON RE5 MOVAL. 

6 (a) IN GENERAL.—Section 241(g) of the Immigra7 tion and Nationality Act (8 U.S.C. 1231(g)) is amended 

8 by adding at the end the following: 

9 ‘‘(3) POLICY ON DETENTION IN STATE AND

10 LOCAL DETENTION FACILITIES.—In carrying out 

11 paragraph (1), the Secretary of Homeland Security 

12 shall ensure that an alien arrested under section 

13 287(a) is detained, pending the alien being taken for 

14 the examination described in that section, in a State 

15 or local prison, jail, detention center, or other com16 parable facility, if— 

17 ‘‘(A) such a facility is the most suitably lo18 cated Federal, State, or local facility available 

19 for such purpose under the circumstances; 

20 ‘‘(B) an appropriate arrangement for such 

21 use of the facility can be made; and 

22 ‘‘(C) such facility satisfies the standards 

23 for the housing, care, and security of persons 

24 held in custody of a United States marshal.’’. 
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1 (b) DETENTION FACILITY SUITABILITY.—Notwith2 standing any other provision of law, a facility described 

3 in section 241(g)(3)(C) of the Immigration and Nation4 ality Act, as added by subsection (a), is adequate for de5 tention of persons being held for immigration related vio6 lations. 

7 (c) TECHNICAL AND CONFORMING AMENDMENT.—

8 Section 241 of the Immigration and Nationality Act (8 

9 U.S.C. 1231) is amended by striking ‘‘Attorney General’’ 

10 each place that term appears and inserting ‘‘Secretary of 

11 Homeland Security’’. 

12 SEC. 12. INSTITUTIONAL REMOVAL PROGRAM. 

13 (a) CONTINUATION.— 

14 (1) IN GENERAL.—The Department of Home15 land Security shall continue to operate and imple16 ment the program known on the date of the enact17 ment of this Act as the Institutional Removal Pro18 gram which— 

19 (A) identifies removable criminal aliens in 

20 Federal and State correctional facilities; 

21 (B) ensures such aliens are not released 

22 into the community; and 

23 (C) removes such aliens from the United 

24 States after the completion of their sentences. 
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1 (2) EXPANSION.—The Institutional Removal 

2 Program shall be extended to all States. Any State 

3 that receives Federal funds for the incarceration of 

4 criminal aliens shall— 

5 (A) cooperate with Federal officials who 

6 carry out the Institutional Removal Program; 

7 (B) expeditiously and systematically iden8 tify criminal aliens in its prison and jail popu9 lations; and 

10 (C) promptly convey such information to 

11 the Federal officials who carry out the Institu12 tional Removal Program as a condition for re13 ceiving such funds. 

14 (b) AUTHORIZATION FOR DETENTION AFTER COM15 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

16 enforcement officers of a State or political subdivision of 

17 a State have the authority to— 

18 (1) hold an illegal alien for a period of up to 

19 14 days after the alien has completed the alien’s 

20 State prison sentence in order to effectuate the 

21 transfer of the alien to Federal custody when the 

22 alien is removable or not lawfully present in the 

23 United States; or 

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

25 have served a State prison sentence to be detained 
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1 by the State prison until personnel from the Bureau 

2 of Immigration and Customs Enforcement can take 

3 the alien into custody. 

4 (c) TECHNOLOGY USAGE.—Technology such as 

5 videoconferencing shall be used to the maximum extent 

6 possible in order to make the Institutional Removal Pro7 gram available in remote locations. Mobile access to Fed8 eral databases of aliens, such as the IDENT database 

9 maintained by the Secretary of Homeland Security, and 

10 live scan technology shall be used to the maximum extent 

11 practicable in order to make these resources available to 

12 State and local law enforcement agencies in remote loca13 tions. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out the Institu16 tional Removal Program— 

17 (1) $40,000,000 for fiscal year 2007; 

18 (2) $50,000,000 for fiscal year 2008; 

19 (3) $60,000,000 for fiscal year 2009; 

20 (4) $70,000,000 for fiscal year 2010; 

21 (5) $80,000,000 for fiscal year 2011; and 

22 (6) $80,000,000 for each fiscal year after fiscal 

23 year 2011. 
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1 SEC. 13. CONSTRUCTION. 

2 Nothing in this Act may be construed to require law 

3 enforcement personnel of a State or political subdivision 

4 of a State to— 

5 (1) report the identity of a victim of, or a wit6 ness to, a criminal offense to the Secretary of Home7 land Security for immigration enforcement purposes; 

8 (2) arrest such victim or witness for a violation 

9 of the immigration laws of the United States; or 

10 (3) enforce the immigration laws of the United 

11 States. 

12 SEC. 14. SEVERABILITY. 

13 If any provision of this Act, including any amend14 ment made by this Act, or the application of such provi15 sion to any person or circumstance, is held invalid, the 

16 remainder of this Act, and the application of such provi17 sion to other persons not similarly situated or to other 

18 circumstances, shall not be affected by such invalidation.

Æ