I 

112TH CONGRESS 

1ST SESSION H. R. 100 

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 

JANUARY 5, 2011 

Mrs. BLACKBURN 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; STATE DE4 FINED; SEVERABILITY. 

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

6 ‘‘Clear Law Enforcement for Criminal Alien Removal Act 

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


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

2 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. 

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. 2. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IM2 MIGRATION LAW ENFORCEMENT BY STATES 

3 AND POLITICAL SUBDIVISIONS 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 of a political subdivision 

7 of a State, have the inherent authority of a sovereign enti8 ty 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 purposes of assisting 

12 in the enforcement of the immigration laws of the United 

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

14 State authority has never been displaced or preempted by 

15 Congress. 

16 SEC. 3. STATE AUTHORIZATION FOR ASSISTANCE IN THE 

17 ENFORCEMENT OF IMMIGRATION LAWS EN18 COURAGED. 

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

20 of the enactment of this Act, a State, or a political subdivi21 sion of a State, that has in effect a statute, policy, or prac22 tice that prohibits law enforcement officers of the State, 

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

24 or cooperating with Federal immigration law enforcement 

25 in the course of carrying out the officers’ routine law en26 forcement duties shall not receive any of the funds that 


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1 would otherwise be allocated to the State under section 

2 241(i) of the Immigration and Nationality Act (8 U.S.C. 

3 1231(i)). 

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

5 require law enforcement officials from States, or from po6 litical subdivisions of States, to report or arrest victims 

7 or witnesses of a criminal offense. 

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

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

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

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

12 shall be reallocated to States, or to political subdivisions 

13 of States, that comply with such subsection. 

14 SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NA15 TIONAL CRIME INFORMATION CENTER DATA16 BASE. 

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

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

19 of this Act and periodically thereafter as updates may re20 quire, the Under Secretary for Border and Transportation 

21 Security of the Department of Homeland Security shall 

22 provide the National Crime Information Center of the De23 partment of Justice with such information as the Under 

24 Secretary may possess regarding any aliens against whom 

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


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1 have signed a voluntary departure agreement, any aliens 

2 who have overstayed their authorized period of stay, and 

3 any aliens whose visas have been revoked. The National 

4 Crime Information Center shall enter such information 

5 into the Immigration Violators File of the National Crime 

6 Information Center database, regardless of whether— 

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

8 order of removal; 

9 (2) the alien concerned has already been re10 moved; or 

11 (3) sufficient identifying information is avail12 able with respect to the alien concerned. 

13 (b) INCLUSION OF INFORMATION IN THE NCIC 

14 DATABASE.— 

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

16 United States Code, is amended— 

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

18 the end; 

19 (B) by redesignating paragraph (4) as 

20 paragraph (5); and 

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

22 following new paragraph: 

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

24 records of violations by aliens of the immigration 

25 laws of the United States, regardless of whether any 


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1 such alien has received notice of the violation or 

2 whether sufficient identifying information is avail3 able with respect to any such alien and even if any 

4 such alien has already been removed from the 

5 United States; and’’. 

6 (2) EFFECTIVE DATE.—The Attorney General 

7 shall ensure that the amendment made by paragraph 

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

9 the date of the enactment of this Act. 

10 SEC. 5. STATE AND LOCAL LAW ENFORCEMENT PROVISION 

11 OF INFORMATION ABOUT APPREHENDED 

12 ALIENS. 

13 (a) PROVISION OF INFORMATION.—In compliance 

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

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

16 and section 434 of the Personal Responsibility and Work 

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

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

19 provide the Secretary of Homeland Security in a timely 

20 manner with the information specified in subsection (b) 

21 with respect to each alien apprehended in the jurisdiction 

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

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

24 of the United States. 


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1 (b) INFORMATION REQUIRED.—The information re2 ferred to in subsection (a) is as follows: 

3 (1) The alien’s name. 

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

5 (3) A physical description of the alien. 

6 (4) The date, time, and location of the encoun7 ter with the alien and reason for stopping, detaining, 

8 apprehending, or arresting the alien. 

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

10 number and the State of issuance of such license. 

11 (6) If applicable, the type of any other identi12 fication document issued to the alien, any designa13 tion number contained on the identification docu14 ment, and the issuing entity for the identification 

15 document. 

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

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

18 driven by, the alien. 

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

20 obtainable. 

21 (9) The alien’s fingerprints, if available or read22 ily obtainable. 

23 (c) ANNUAL REPORT ON REPORTING.—The Sec24 retary shall maintain and annually submit to Congress a 

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1 sions of States, that have provided information under sub2 section (a) in the preceding year. 

3 (d) REIMBURSEMENT.—The Secretary of Homeland 

4 Security shall reimburse States, and political subdivisions 

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

6 Secretary, incurred by the State, or the political subdivi7 sion of a State, as a result of providing information under 

8 subsection (a). 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated to the Secretary such sums 

11 as are necessary to carry out this section. 

12 (f) CONSTRUCTION.—Nothing in this section shall re13 quire law enforcement officials of a State, or of a political 

14 subdivision of a State, to provide the Secretary of Home15 land Security with information related to a victim of a 

16 crime or witness to a criminal offense. 

17 SEC. 6. FINANCIAL ASSISTANCE TO STATE AND LOCAL PO18 LICE AGENCIES THAT ASSIST IN THE EN19 FORCEMENT OF IMMIGRATION LAWS. 

20 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

21 AND PROCESSING CERTAIN ALIENS.—From amounts 

22 made available to make grants under this section, the Sec23 retary of Homeland Security shall make grants to States, 

24 and to political subdivisions of States, for procurement of 

25 equipment, technology, facilities, and other products that 


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1 facilitate and are directly related to investigating, appre2 hending, arresting, detaining, or transporting aliens who 

3 have violated the immigration law of the United States, 

4 including additional administrative costs incurred under 

5 this Act. 

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

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

8 a State, must have the authority to, and shall have a writ9 ten policy and a practice to, assist in the enforcement of 

10 the immigration laws of the United States in the course 

11 of carrying out the routine law enforcement duties of such 

12 State or political subdivision of a State. Entities covered 

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

14 prevents local law enforcement from inquiring about a sus15 pect’s immigration status. 

16 (c) FUNDING.—There is authorized to be appro17 priated to the Secretary for grants under this section such 

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

19 subsequent fiscal year. 

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

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

22 General of the United States shall conduct an audit of 

23 funds distributed to States, and to political subdivisions 

24 of a State, under subsection (a). 


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1 SEC. 7. INCREASED FEDERAL DETENTION SPACE. 

2 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

3 FACILITIES.— 

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

5 Security shall construct or acquire, in addition to ex6 isting facilities for the detention of aliens, 20 deten7 tion facilities in the United States, for aliens de8 tained pending removal from the United States or a 

9 decision regarding such removal. Each facility shall 

10 have a number of beds necessary to effectuate this 

11 purposes of this Act. 

12 (2) DETERMINATIONS.—The location of any de13 tention facility built or acquired in accordance with 

14 this subsection shall be determined by the Deputy 

15 Assistant Director of the Detention Management Di16 vision of the Immigration and Customs Enforcement 

17 Office of Detention and Removal within United 

18 States Immigration and Customs Enforcement. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary such 

21 sums as are necessary to carry out this section. 

22 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

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

24 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex25 pend’’ and inserting ‘‘shall expend’’. 


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1 SEC. 8. FEDERAL CUSTODY OF ALIENS UNLAWFULLY 

2 PRESENT IN THE UNITED STATES APPRE3 HENDED BY STATE OR LOCAL LAW ENFORCE4 MENT. 

5 (a) STATE APPREHENSION.— 

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

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

8 amended by inserting after section 240C the fol9 lowing: 

10 ‘‘CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE

11 UNITED STATES

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

13 AND LOCAL OFFICIALS.—If a State, or a political subdivi14 sion of the State, exercising authority with respect to the 

15 apprehension or arrest of an alien who is unlawfully 

16 present in the United States submits to the Secretary of 

17 Homeland Security a request that the alien be taken into 

18 Federal custody, the Secretary— 

19 ‘‘(1) not later than 48 hours after the conclu20 sion of the State, or the political subdivision of a 

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

22 State or political subdivision charging or dismissal 

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

24 alien is apprehended, shall take the alien into the 

25 custody of the Federal Government and incarcerate 

26 the alien; or 


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

2 local law enforcement agency temporarily incarcerate 

3 or transport the alien for transfer to Federal cus4 tody; and 

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

6 DETENTION FACILITIES.—In carrying out section 

7 241(g)(1), the Attorney General or Secretary of Homeland 

8 Security shall ensure that an alien arrested under this Act 

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

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

11 jail, detention center, or other comparable facility. Not12 withstanding any other provision of law or regulation, 

13 such facility is adequate for detention, if— 

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

15 Federal, State, or local facility available for such 

16 purpose under the circumstances; 

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

18 of the facility can be made; and 

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

20 housing, care, and security of persons held in cus21 tody of a United States marshal. 

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

23 Security shall reimburse States, and political subdivisions 

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

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1 sion, as a result of the incarceration and transportation 

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

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

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

5 such subparagraphs shall be the average cost of incarcer6 ation of a prisoner in the relevant State, as determined 

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

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

9 alien from the point of apprehension to the place of deten10 tion, and to the custody transfer point if the place of de11 tention and place of custody are different. 

12 ‘‘(d) SECURE FACILITIES.—The Secretary of Home13 land Security shall ensure that aliens incarcerated in Fed14 eral facilities pursuant to this Act are held in facilities 

15 that provide an appropriate level of security. 

16 ‘‘(e) TRANSFER.— 

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 aliens from the custody of 

21 States, and political subdivisions of a State, to Fed22 eral custody. 

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

24 into contracts, including appropriate private con25 tracts, to implement this subsection. 


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

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

3 means an alien who— 

4 ‘‘(1) entered the United States without inspec5 tion or at any time, manner or place other than that 

6 designated by the Secretary of Homeland Security; 

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

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

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

10 failed to— 

11 ‘‘(A) maintain the nonimmigrant status in 

12 which the alien was admitted or to which it was 

13 changed under section 248; or 

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

15 such status; 

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

17 subsequently failed to comply with the requirements 

18 of that status; or 

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

20 voluntary departure agreement or under a final 

21 order of removal.’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents of such Act is amended by inserting after the 

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

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


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

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

3 General of the United States shall conduct an audit of 

4 compensation to States, and to political subdivisions of a 

5 State, for the incarceration of aliens unlawfully present 

6 in the United States under section 240D(a) of the Immi7 gration and Nationality Act (as added by subsection 

8 (a)(1)). 

9 SEC. 9. TRAINING OF STATE AND LOCAL LAW ENFORCE10 MENT PERSONNEL RELATING TO THE EN11 FORCEMENT OF IMMIGRATION LAWS. 

12 (a) ESTABLISHMENT OF TRAINING MANUAL AND

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

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

15 Security shall establish— 

16 (1) a training manual for law enforcement per17 sonnel of a State, or of a political subdivision of a 

18 State, to train such personnel in the investigation, 

19 identification, apprehension, arrest, detention, and 

20 transfer to Federal custody of aliens unlawfully 

21 present in the United States (including the transpor22 tation of such aliens across State lines to detention 

23 centers and the identification of fraudulent docu24 ments); and 


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1 (2) an immigration enforcement pocket guide 

2 for law enforcement personnel of a State, or of a po3 litical subdivision of a State, to provide a quick ref4 erence for such personnel in the course of duty. 

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

6 guide established in accordance with subsection (a) shall 

7 be made available to all State and local law enforcement 

8 personnel. 

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

10 construed to require State or local law enforcement per11 sonnel to carry the training manual or pocket guide with 

12 them while on duty. 

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

14 shall be responsible for any costs incurred in establishing 

15 the training manual and pocket guide. 

16 (e) 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 through residential 

21 training at the Center for Domestic Preparedness, 

22 onsite training held at State or local police agencies 

23 or facilities, online training courses by computer, 

24 teleconferencing, and videotape, or the digital video 

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1 learning through a secure, encrypted distributed 

2 learning system that has all its servers based in the 

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

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

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

6 available by the Federal Law Enforcement Training 

7 Center Distributed Learning Program for State and 

8 local law enforcement personnel. 

9 (2) FEDERAL PERSONNEL TRAINING.—The 

10 training of State and local law enforcement per11 sonnel under this section shall not displace the train12 ing of Federal personnel. 

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

14 any other provision of law shall be construed as 

15 making any immigration-related training a require16 ment for, or prerequisite to, any State or local law 

17 enforcement officer to assist in the enforcement of 

18 Federal immigration laws in the normal course of 

19 carrying out the normal law enforcement duties of 

20 such officers. 

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

22 for existing web-based immigration enforcement training 

23 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 2012 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 2012 and each subsequent fiscal year 

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

Æ 


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