I 

112TH CONGRESS 

1ST SESSION H. R. 1274 

To gain operational control of the border, enforce immigration laws, 

strengthen visa security, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2011 

Mr. ROYCE (for himself, Mr. KINGSTON, Mr. WESTMORELAND, Mrs. MYRICK, 

and Mr. SMITH of Texas) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Natural Resources, and Agriculture, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To gain operational control of the border, enforce immigration laws, strengthen visa security, 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 ‘‘Keeping the Pledge 

5 on Immigration Act of 2011’’. 


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1 TITLE I—BORDER CONTROL 

2 SEC. 101. OPERATIONAL CONTROL OF THE BORDER. 

3 (a) ADDITIONAL NATIONAL GUARD SUPPORT FOR

4 DEPARTMENT OF HOMELAND SECURITY BORDER CON5 TROL ACTIVITIES.— 

6 (1) ADDITIONAL DEPLOYMENT OF NATIONAL

7 GUARD ALONG SOUTHERN INTERNATIONAL BOR8 DER.—At the request of the Governor of the State 

9 of Arizona, California, New Mexico, or Texas, the 

10 Secretary of Defense shall provide for the deploy11 ment of members of the National Guard along the 

12 international border between that State and Mexico 

13 in support of the border control activities of the 

14 United States Customs and Border Protection of the 

15 Department of Homeland Security. Members of the 

16 National Guard deployed pursuant to this section 

17 are in addition to the number of members of the Na18 tional Guard deployed along the international border 

19 with Mexico as of the date of the enactment of this 

20 Act. 

21 (2) DURATION.—This section shall apply until 

22 the date on which the Secretary of Homeland Secu23 rity certifies that the Federal Government has 

24 achieved operational control of the international bor25 der between the United States and Mexico. 


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1 (3) LIMITATION ON NUMBER OF MEMBERS DE2 PLOYED; EXCEPTION.—Not more than 4,000 mem3 bers of the National Guard may be deployed pursu4 ant to this section at any one time, except that the 

5 Secretary of Defense may exceed such number if the 

6 Governor of the State involved determines that, de7 spite the deployment of additional members of the 

8 National Guard, operational control of the inter9 national border is not being achieved. The Secretary 

10 of Defense shall accept the determination if the Gov11 ernor makes the determination in consultation with 

12 State, local, and tribal law enforcement authorities. 

13 (4) DEPLOYMENT AUTHORITIES.—Members of 

14 the National Guard deployed pursuant to this sec15 tion may be deployed under section 502(f) of title 

16 32, United States Code, or pursuant to the order of 

17 the Secretary of Defense under any other provision 

18 of law. 

19 (5) EXEMPTION FROM END STRENGTHS AND

20 OTHER LIMITATIONS.—Members of the National 

21 Guard deployed pursuant to this section shall not be 

22 included in the calculation to determine compliance 

23 with— 

24 (A) limits on end strength; or 


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1 (B) limits on the number of National 

2 Guard personal that may be placed on active 

3 duty for operational support. 

4 (6) OPERATIONAL CONTROL DEFINED.—In this 

5 section, the term ‘‘operational control’’ has the 

6 meaning given that term in section 2(b) of the Se7 cure Fence Act of 2006 (Public Law 109–367; 8 

8 U.S.C. 1701 note). 

9 (b) BORDER SECURITY.— 

10 (1) FENCING ALONG SOUTHERN BORDER.—Sec11 tion 102 the Illegal Immigration Reform and Immi12 grant Responsibility Act of 1996 (8 U.S.C. 1103 

13 note) is amended— 

14 (A) in subsection (b)(1)(A)— 

15 (i) by inserting ‘‘, not later than Sep16 tember 30, 2014,’’ before ‘‘construct’’; and 

17 (ii) by inserting ‘‘(such reinforced 

18 fencing consisting of double- and triple19 layer fencing at appropriate locations along 

20 the Arizona-Mexico border)’’ after ‘‘prac21 tical and effective’’; and 

22 (B) by adding at the end the following new 

23 subsection: 

24 ‘‘(d) REPORT.—The Secretary of Homeland Security 

25 shall report periodically to the Committee on Homeland 


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1 Security of the House of Representatives and the Com2 mittee on Homeland Security and Governmental Affairs 

3 of the Senate on the progress of the Secretary to construct 

4 the reinforced fencing required under subsection 

5 (b)(1)(A).’’. 

6 (2) TECHNOLOGY PLAN.—The Secretary of 

7 Homeland Security shall report periodically to the 

8 Committee on Homeland Security of the House of 

9 Representatives and the Committee on Homeland 

10 Security and Governmental Affairs of the Senate on 

11 the implementation of a border security technology 

12 plan. 

13 (3) RAPID DEPLOYMENT UNITS.—The Sec14 retary of Homeland Security shall establish within 

15 the Border Patrol rapid deployment units to respond 

16 to information provided by unmanned aerial vehicles 

17 and radar systems concerning unlawful entries 

18 across the border. 

19 (4) INFORMATION SHARING.— 

20 (A) IN GENERAL.—Federal, State, and 

21 local law enforcement agencies shall notify 

22 United States Immigration and Customs En23 forcement if such law enforcement agencies en24 counter drug operations on public lands involvVerDate Mar 15 2010 03:00 Apr 01, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1274.IH H1274

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1 ing aliens unlawfully present in the United 

2 States. 

3 (B) RULE OF CONSTRUCTION.—Nothing in 

4 subparagraph (A) shall be construed as limiting 

5 in any way any other notification requirements. 

6 (c) PROHIBITION ON IMPEDING CERTAIN ACTIVITIES

7 OF THE SECRETARY OF HOMELAND SECURITY RELATED

8 TO BORDER SECURITY.—On public lands of the United 

9 States, neither the Secretary of the Interior nor the Sec10 retary of Agriculture may impede, prohibit, or restrict ac11 tivities of the Secretary of Homeland Security to achieve 

12 operational control (as defined in section 2(b) of the Se13 cure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 

14 109–367)). 

15 SEC. 102. IMPLEMENTATION OF AUTOMATED EXIT CON16 TROL SYSTEM. 

17 Not later than September 30, 2015, the Secretary of 

18 Homeland Security shall ensure that the automated entry 

19 and exit control system under section 110 of the Illegal 

20 Immigration Reform and Immigrant Responsibility Act of 

21 1996 (8 U.S.C. 1221 note) has been completely imple22 mented, including the implementation of an automated 

23 exit control system. 


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1 SEC. 103. STRENGTHENING VISA SECURITY. 

2 (a) REVIEW OF CERTAIN VISA APPLICATIONS.—The 

3 Secretary of State shall consult with the Secretary of 

4 Homeland Security regarding review by the Secretary of 

5 Homeland Security of visa applications submitted— 

6 (1) at diplomatic or consular posts, or 

7 (2) by applicants, 

8 determined by the Secretary of State to be high-risk. 

9 (b) IN-PERSON INTERVIEWS.—If the Secretary of 

10 State determines pursuant to subsection (a) that a visa 

11 application is high-risk, the Secretary shall require an in12 person interview with the applicant. 

13 (c) INFORMATION SHARING.—The Secretary of 

14 Homeland Security, the Assistant Secretary of Homeland 

15 Security (Transportation Security Administration), the 

16 Secretary of State, and the heads of appropriate Federal, 

17 State, and local law enforcement entities shall share infor18 mation regarding the automatic selectee and no fly lists 

19 referred to in clauses (i) and (ii) of section 44903(j)(2)(C) 

20 of title 49, United States Code. 

21 TITLE II—CLEAR ACT OF 2011 

22 SEC. 201. SHORT TITLE; TABLE OF CONTENTS; STATE DE23 FINED; SEVERABILITY. 

24 (a) SHORT TITLE.—This title may be cited as the 

25 ‘‘Clear Law Enforcement for Criminal Alien Removal Act 

26 of 2011’’ or the ‘‘CLEAR Act of 2011’’. 


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

2 this title is as follows: 

TITLE II—CLEAR ACT OF 2011 

Sec. 201. Short title; table of contents; State defined; severability. 

Sec. 202. Federal affirmation of assistance in the immigration law enforcement 

by States and political subdivisions of States. 

Sec. 203. State authorization for assistance in the enforcement of immigration 

laws encouraged. 

Sec. 204. Listing of immigration violators in the National Crime Information 

Center database. 

Sec. 205. State and local law enforcement provision of information about apprehended aliens. 

Sec. 206. Financial assistance to State and local police agencies that assist in 

the enforcement of immigration laws. 

Sec. 207. Increased Federal detention space. 

Sec. 208. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement. 

Sec. 209. Training of State and local law enforcement personnel relating to the 

enforcement of immigration laws. 

Sec. 210. Immunity. 

Sec. 211. Institutional removal program (IRP). 

Sec. 212. State criminal alien assistance program (SCAAP). 

Sec. 213. Authorization of appropriations. 

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

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

5 101(a)(36) of the Immigration and Nationality Act (8 

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

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

8 the application of such provision to any person or cir9 cumstance, is held invalid, the remainder of this Act, and 

10 the application of such provision to other persons not simi11 larly situated or to other circumstances, shall not be af12 fected by such invalidation. 


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1 SEC. 202. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 

2 IMMIGRATION LAW ENFORCEMENT BY 

3 STATES AND POLITICAL SUBDIVISIONS OF 

4 STATES. 

5 Notwithstanding any other provision of law and re6 affirming the existing inherent authority of States, law en7 forcement personnel of a State, or of a political subdivision 

8 of a State, have the inherent authority of a sovereign enti9 ty to investigate, identify, apprehend, arrest, detain, or 

10 transfer to Federal custody aliens in the United States 

11 (including the transportation of such aliens across State 

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

13 in the enforcement of the immigration laws of the United 

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

15 State authority has never been displaced or preempted by 

16 Congress. 

17 SEC. 203. STATE AUTHORIZATION FOR ASSISTANCE IN THE 

18 ENFORCEMENT OF IMMIGRATION LAWS EN19 COURAGED. 

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

21 of the enactment of this Act, a State, or a political subdivi22 sion of a State, that has in effect a statute, policy, or prac23 tice that prohibits law enforcement officers of the State, 

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

25 or cooperating with Federal immigration law enforcement 

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1 forcement duties shall not receive any of the funds that 

2 would otherwise be allocated to the State under section 

3 241(i) of the Immigration and Nationality Act (8 U.S.C. 

4 1231(i)). 

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

6 require law enforcement officials from States, or from po7 litical subdivisions of States, to report or arrest victims 

8 or witnesses of a criminal offense. 

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

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

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

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

13 shall be reallocated to States, or to political subdivisions 

14 of States, that comply with such subsection. 

15 SEC. 204. LISTING OF IMMIGRATION VIOLATORS IN THE NA16 TIONAL CRIME INFORMATION CENTER DATA17 BASE. 

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

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

20 of this Act and periodically thereafter as updates may re21 quire, the Under Secretary for Border and Transportation 

22 Security of the Department of Homeland Security shall 

23 provide the National Crime Information Center of the De24 partment of Justice with such information as the Under 

25 Secretary may possess regarding any aliens against whom 


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

2 have signed a voluntary departure agreement, any aliens 

3 who have overstayed their authorized period of stay, and 

4 any aliens whose visas have been revoked. The National 

5 Crime Information Center shall enter such information 

6 into the Immigration Violators File of the National Crime 

7 Information Center database, regardless of whether— 

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

9 order of removal; 

10 (2) the alien concerned has already been re11 moved; or 

12 (3) sufficient identifying information is avail13 able with respect to the alien concerned. 

14 (b) INCLUSION OF INFORMATION IN THE NCIC 

15 DATABASE.— 

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

17 United States Code, is amended— 

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

19 the end; 

20 (B) by redesignating paragraph (4) as 

21 paragraph (5); and 

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

23 following new paragraph: 

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

25 records of violations by aliens of the immigration 


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1 laws of the United States, regardless of whether any 

2 such alien has received notice of the violation or 

3 whether sufficient identifying information is avail4 able with respect to any such alien and even if any 

5 such alien has already been removed from the 

6 United States; and’’. 

7 (2) EFFECTIVE DATE.—The Attorney General 

8 shall ensure that the amendment made by paragraph 

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

10 the date of the enactment of this Act. 

11 (c) CERTAIN EXCHANGES OF RECORDS.—The Sec12 retary of State, the Secretary of Homeland Security, the 

13 Administrator of the Social Security Administration, the 

14 Commissioner of the Internal Revenue Service, the Attor15 ney General, and other Federal agencies responsible for 

16 law enforcement shall exchange records in accordance with 

17 section 534 of title 28, United States Code, including 

18 records containing— 

19 (1) visa applications, including photos and fin20 gerprints; and 

21 (2) photographs, fingerprints, or other informa22 tion obtained as a result of the operation of the 

23 automated entry and exit control system developed 

24 under section 110 of the Illegal Immigration Reform 


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1 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

2 1221 note). 

3 SEC. 205. STATE AND LOCAL LAW ENFORCEMENT PROVI4 SION OF INFORMATION ABOUT APPRE5 HENDED ALIENS. 

6 (a) PROVISION OF INFORMATION.—In compliance 

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

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

9 and section 434 of the Personal Responsibility and Work 

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

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

12 provide the Secretary of Homeland Security in a timely 

13 manner with the information specified in subsection (b) 

14 with respect to each alien apprehended in the jurisdiction 

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

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

17 of the United States. 

18 (b) INFORMATION REQUIRED.—The information re19 ferred to in subsection (a) is as follows: 

20 (1) The alien’s name. 

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

22 (3) A physical description of the alien. 

23 (4) The date, time, and location of the encoun24 ter with the alien and reason for stopping, detaining, 

25 apprehending, or arresting the alien. 


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

2 number and the State of issuance of such license. 

3 (6) If applicable, the type of any other identi4 fication document issued to the alien, any designa5 tion number contained on the identification docu6 ment, and the issuing entity for the identification 

7 document. 

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

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

10 driven by, the alien. 

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

12 obtainable. 

13 (9) The alien’s fingerprints, if available or read14 ily obtainable. 

15 (c) ANNUAL REPORT ON REPORTING.—The Sec16 retary shall maintain and annually submit to Congress a 

17 detailed report listing the States, or the political subdivi18 sions of States, that have provided information under sub19 section (a) in the preceding year. 

20 (d) REIMBURSEMENT.—The Secretary of Homeland 

21 Security shall reimburse States, and political subdivisions 

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

23 Secretary, incurred by the State, or the political subdivi24 sion of a State, as a result of providing information under 

25 subsection (a). 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to the Secretary such sums 

3 as are necessary to carry out this section. 

4 (f) CONSTRUCTION.—Nothing in this section shall re5 quire law enforcement officials of a State, or of a political 

6 subdivision of a State, to provide the Secretary of Home7 land Security with information related to a victim of a 

8 crime or witness to a criminal offense. 

9 SEC. 206. FINANCIAL ASSISTANCE TO STATE AND LOCAL 

10 POLICE AGENCIES THAT ASSIST IN THE EN11 FORCEMENT OF IMMIGRATION LAWS. 

12 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

13 AND PROCESSING CERTAIN ALIENS.—From amounts 

14 made available to make grants under this section, the Sec15 retary of Homeland Security shall make grants to States, 

16 and to political subdivisions of States, for procurement of 

17 equipment, technology, facilities, and other products that 

18 facilitate and are directly related to investigating, appre19 hending, arresting, detaining, or transporting aliens who 

20 have violated the immigration law of the United States, 

21 including additional administrative costs incurred under 

22 this Act. 

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

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

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1 ten policy and a practice to, assist in the enforcement of 

2 the immigration laws of the United States in the course 

3 of carrying out the routine law enforcement duties of such 

4 State or political subdivision of a State. Entities covered 

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

6 prevents local law enforcement from inquiring about a sus7 pect’s immigration status. 

8 (c) FUNDING.—There is authorized to be appro9 priated to the Secretary for grants under this section such 

10 sums as may be necessary for fiscal year 2012 and each 

11 subsequent fiscal year. 

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

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

14 General of the United States shall conduct an audit of 

15 funds distributed to States, and to political subdivisions 

16 of a State, under subsection (a). 

17 SEC. 207. INCREASED FEDERAL DETENTION SPACE. 

18 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

19 FACILITIES.— 

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

21 Security shall construct or acquire, in addition to ex22 isting facilities for the detention of aliens, 20 deten23 tion facilities in the United States, for aliens de24 tained pending removal from the United States or a 

25 decision regarding such removal. Each facility shall 


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1 have a number of beds necessary to effectuate this 

2 purposes of this Act. 

3 (2) DETERMINATIONS.—The location of any de4 tention facility built or acquired in accordance with 

5 this subsection shall be determined by the Deputy 

6 Assistant Director of the Detention Management Di7 vision of the Immigration and Customs Enforcement 

8 Office of Detention and Removal within United 

9 States Immigration and Customs Enforcement. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary such 

12 sums as are necessary to carry out this section. 

13 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

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

15 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex16 pend’’ and inserting ‘‘shall expend’’. 

17 SEC. 208. FEDERAL CUSTODY OF ALIENS UNLAWFULLY 

18 PRESENT IN THE UNITED STATES APPRE19 HENDED BY STATE OR LOCAL LAW ENFORCE20 MENT. 

21 (a) STATE APPREHENSION.— 

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

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

24 amended by inserting after section 240C the fol25 lowing: 


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1 ‘‘CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE

2 UNITED STATES

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

4 AND LOCAL OFFICIALS.—If a State, or a political subdivi5 sion of the State, exercising authority with respect to the 

6 apprehension or arrest of an alien who is unlawfully 

7 present in the United States submits to the Secretary of 

8 Homeland Security a request that the alien be taken into 

9 Federal custody, the Secretary— 

10 ‘‘(1) not later than 48 hours after the conclu11 sion of the State, or the political subdivision of a 

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

13 State or political subdivision charging or dismissal 

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

15 alien is apprehended, shall take the alien into the 

16 custody of the Federal Government and incarcerate 

17 the alien; or 

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

19 local law enforcement agency temporarily incarcerate 

20 or transport the alien for transfer to Federal cus21 tody. 

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

23 DETENTION FACILITIES.—In carrying out section 

24 241(g)(1), the Attorney General or Secretary of Homeland 

25 Security shall ensure that an alien arrested under this Act 


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1 shall be detained, pending the alien being taken for the 

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

3 jail, detention center, or other comparable facility. Not4 withstanding any other provision of law or regulation, 

5 such facility is adequate for detention, if— 

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

7 Federal, State, or local facility available for such 

8 purpose under the circumstances; 

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

10 of the facility can be made; and 

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

12 housing, care, and security of persons held in cus13 tody of a United States marshal. 

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

15 Security shall reimburse States, and political subdivisions 

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

17 the Secretary, incurred by the State, or political subdivi18 sion, as a result of the incarceration and transportation 

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

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

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

22 such subparagraphs shall be the average cost of incarcer23 ation of a prisoner in the relevant State, as determined 

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

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


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1 alien from the point of apprehension to the place of deten2 tion, and to the custody transfer point if the place of de3 tention and place of custody are different. 

4 ‘‘(d) SECURE FACILITIES.—The Secretary of Home5 land Security shall ensure that aliens incarcerated in Fed6 eral facilities pursuant to this Act are held in facilities 

7 that provide an appropriate level of security. 

8 ‘‘(e) TRANSFER.— 

9 ‘‘(1) IN GENERAL.—In carrying out this sec10 tion, the Secretary of Homeland Security shall es11 tablish a regular circuit and schedule for the prompt 

12 transfer of apprehended aliens from the custody of 

13 States, and political subdivisions of a State, to Fed14 eral custody. 

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

16 into contracts, including appropriate private con17 tracts, to implement this subsection. 

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

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

20 means an alien who— 

21 ‘‘(1) entered the United States without inspec22 tion or at any time, manner or place other than that 

23 designated by the Secretary of Homeland Security; 

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

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


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

2 failed to— 

3 ‘‘(A) maintain the nonimmigrant status in 

4 which the alien was admitted or to which it was 

5 changed under section 248; or 

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

7 such status; 

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

9 subsequently failed to comply with the requirements 

10 of that status; or 

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

12 voluntary departure agreement or under a final 

13 order of removal.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents of such Act is amended by inserting after the 

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

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

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

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

19 General of the United States shall conduct an audit of 

20 compensation to States, and to political subdivisions of a 

21 State, for the incarceration of aliens unlawfully present 

22 in the United States under section 240D(a) of the Immi23 gration and Nationality Act (as added by subsection 

24 (a)(1)). 


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1 SEC. 209. TRAINING OF STATE AND LOCAL LAW ENFORCE2 MENT PERSONNEL RELATING TO THE EN3 FORCEMENT OF IMMIGRATION LAWS. 

4 (a) ESTABLISHMENT OF TRAINING MANUAL AND

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

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

7 Security shall establish— 

8 (1) a training manual for law enforcement per9 sonnel of a State, or of a political subdivision of a 

10 State, to train such personnel in the investigation, 

11 identification, apprehension, arrest, detention, and 

12 transfer to Federal custody of aliens unlawfully 

13 present in the United States (including the transpor14 tation of such aliens across State lines to detention 

15 centers and the identification of fraudulent docu16 ments); and 

17 (2) an immigration enforcement pocket guide 

18 for law enforcement personnel of a State, or of a po19 litical subdivision of a State, to provide a quick ref20 erence for such personnel in the course of duty. 

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

22 guide established in accordance with subsection (a) shall 

23 be made available to all State and local law enforcement 

24 personnel. 

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

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1 sonnel to carry the training manual or pocket guide with 

2 them while on duty. 

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

4 shall be responsible for any costs incurred in establishing 

5 the training manual and pocket guide. 

6 (e) TRAINING FLEXIBILITY.— 

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

8 Security shall make training of State and local law 

9 enforcement officers available through as many 

10 means as possible, including through residential 

11 training at the Center for Domestic Preparedness, 

12 onsite training held at State or local police agencies 

13 or facilities, online training courses by computer, 

14 teleconferencing, and videotape, or the digital video 

15 display (DVD) of a training course or courses. E16 learning through a secure, encrypted distributed 

17 learning system that has all its servers based in the 

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

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

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

21 available by the Federal Law Enforcement Training 

22 Center Distributed Learning Program for State and 

23 local law enforcement personnel. 

24 (2) FEDERAL PERSONNEL TRAINING.—The 

25 training of State and local law enforcement perVerDate Mar 15 2010 03:00 Apr 01, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1274.IH H1274

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1 sonnel under this section shall not displace the train2 ing of Federal personnel. 

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

4 any other provision of law shall be construed as 

5 making any immigration-related training a require6 ment for, or prerequisite to, any State or local law 

7 enforcement officer to assist in the enforcement of 

8 Federal immigration laws in the normal course of 

9 carrying out the normal law enforcement duties of 

10 such officers. 

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

12 for existing Web-based immigration enforcement training 

13 systems. 

14 SEC. 210. IMMUNITY. 

15 (a) PERSONAL IMMUNITY.—Notwithstanding any 

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

17 or local law enforcement agency who is acting within the 

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

19 the same extent as a Federal law enforcement officer, 

20 from personal liability arising out of the performance of 

21 any duty described in this Act. 

22 (b) AGENCY IMMUNITY.—Notwithstanding any other 

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

24 shall be immune from any claim for money damages based 

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


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1 arising out of the enforcement of any immigration law, 

2 except to the extent a law enforcement officer of such 

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

4 criminal law in the course of enforcing such immigration 

5 law. 

6 SEC. 211. INSTITUTIONAL REMOVAL PROGRAM (IRP). 

7 (a) CONTINUATION AND EXPANSION.— 

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

9 Security shall continue to operate and implement the 

10 program known as the Institutional Removal Pro11 gram (IRP) which— 

12 (A) identifies removable criminal aliens in 

13 Federal and State correctional facilities; 

14 (B) ensures such aliens are not released 

15 into the community; and 

16 (C) removes such aliens from the United 

17 States after the completion of their sentences. 

18 (2) EXPANSION.—The Institutional Removal 

19 Program shall be extended to all States. Any State 

20 that receives Federal funds for the incarceration of 

21 criminal aliens shall— 

22 (A) cooperate with officials of the Institu23 tional Removal Program; 


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1 (B) expeditiously and systematically iden2 tify criminal aliens in its prison and jail popu3 lations; and 

4 (C) promptly convey such information to 

5 officials of such Program as a condition of re6 ceiving such funds. 

7 (b) AUTHORIZATION FOR DETENTION AFTER COM8 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

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

10 of a State, are authorized to— 

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

12 14 days after the alien has completed the alien’s 

13 State prison sentence in order to effectuate the 

14 transfer of the alien to Federal custody when the 

15 alien is removable or not lawfully present in the 

16 United States; or 

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

18 have served a State prison sentence to be detained 

19 by the State prison until personnel from United 

20 States Immigration and Customs Enforcement can 

21 take the alien into custody. 

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

23 conferencing shall be used to the maximum extent prac24 ticable in order to make the Institutional Removal Pro25 gram available in remote locations. Mobile access to FedVerDate Mar 15 2010 03:00 Apr 01, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1274.IH H1274

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1 eral databases of aliens, such as IDENT, and live scan 

2 technology shall be used to the maximum extent prac3 ticable in order to make these resources available to State 

4 and local law enforcement agencies in remote locations. 

5 SEC. 212. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

6 (SCAAP). 

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

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

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

10 carry out this subsection such sums as may be nec11 essary for fiscal year 2012 and each subsequent fis12 cal year.’’. 

13 SEC. 213. AUTHORIZATION OF APPROPRIATIONS. 

14 There are authorized to be appropriated to the Sec15 retary for fiscal year 2012 and each subsequent fiscal year 

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

Æ 


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