SEC. 6. FINANCIAL ASSISTANCE TO STATE AND LOCAL PO-
LICE AGENCIES THAT ASSIST IN THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING 
AND PROCESSING CERTAIN ALIENS.—From amounts 
made available to make grants under this section, the Sec-
retary of Homeland Security shall make grants to States, 
and to political subdivisions of States, for procurement of 
equipment, technology, facilities, and other products that 
facilitate and are directly related to investigating, appre-
hending, arresting, detaining, or transporting aliens who 
have violated the immigration law of the United States, 
including additional administrative costs incurred under 
this Act. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State, or a political subdivision of 
a State, must have the authority to, and shall have a writ-
ten policy and a practice to, assist in the enforcement of 
the immigration laws of the United States in the course 
of carrying out the routine law enforcement duties of such 
State or political subdivision of a State. Entities covered 
under this section may not have any policy or practice that 
prevents local law enforcement from inquiring about a sus-
pect’s immigration status. 
(c) FUNDING.—There is authorized to be appro-
priated to the Secretary for grants under this section such 
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sums as may be necessary for fiscal year 2008 and each 
subsequent fiscal year. 
(d) GAO AUDIT.—Not later than three years after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct an audit of 
funds distributed to States, and to political subdivisions 
of a State, under subsection (a). 
SEC. 7. INCREASED FEDERAL DETENTION SPACE. 
(a) CONSTRUCTION OR ACQUISITION OF DETENTION 
FACILITIES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall construct or acquire, in addition to ex-
isting facilities for the detention of aliens, 20 deten-
tion facilities in the United States, with at least 500 
beds per facility, for aliens detained pending removal 
from the United States or a decision regarding such 
removal. 
(2) DETERMINATIONS.—The location of any de-
tention facility built or acquired in accordance with 
this subsection shall be determined by the Deputy 
Assistant Director of the Detention Management Di-
vision of the Immigration and Customs Enforcement 
Office of Detention and Removal within United 
States Immigration and Customs Enforcement. 
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(3) USE OF INSTALLATIONS UNDER BASE CLO-
SURE LAWS.—In acquiring detention facilities under 
this subsection, the Secretary of Homeland Security 
shall consider the transfer of appropriate portions of 
military installations approved for closure or realign-
ment under the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note) for use in ac-
cordance with paragraph (1). 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this section. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 241(g)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex-
pend’’ and inserting ‘‘shall expend’’. 
SEC. 8. FEDERAL CUSTODY OF ALIENS UNLAWFULLY 
PRESENT IN THE UNITED STATES APPRE-
HENDED BY STATE OR LOCAL LAW ENFORCE-
MENT. 
(a) STATE APPREHENSION.— 
(1) IN GENERAL.—Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended by inserting after section 240C the fol-
lowing: 
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‘‘CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE 
UNITED STATES 
‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE 
AND LOCAL OFFICIALS.—If a State, or a political subdivi-
sion of the State, exercising authority with respect to the 
apprehension or arrest of an alien who is unlawfully 
present in the United States submits to the Secretary of 
Homeland Security a request that the alien be taken into 
Federal custody, the Secretary— 
‘‘(1) shall— 
‘‘(A) not later than 48 hours after the con-
clusion of the State, or the political subdivision 
of a State, charging process or dismissal proc-
ess, or if no State or political subdivision charg-
ing or dismissal process is required, not later 
than 48 hours after the alien is apprehended, 
take the alien into the custody of the Federal 
Government and incarcerate the alien; or 
‘‘(B) request that the relevant State or 
local law enforcement agency temporarily incar-
cerate or transport the alien for transfer to 
Federal custody; and 
‘‘(2) shall designate at least one Federal, State, 
or local prison or jail or a private contracted prison 
or detention facility within each State as the central 
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facility for that State to transfer custody of aliens 
to the Department of Homeland Security. 
‘‘(b) POLICY ON DETENTION IN STATE AND LOCAL 
DETENTION
FACILITIES.—In 
carrying 
out 
section 
241(g)(1), the Attorney General or Secretary of Homeland 
Security shall ensure that an alien arrested under this Act 
shall be detained, pending the alien’s being taken for the 
examination under this section, in a State or local prison, 
jail, detention center, or other comparable facility. Not-
withstanding any other provision of law or regulation, 
such facility is adequate for detention, if— 
‘‘(1) such a facility is the most suitably located 
Federal, State, or local facility available for such 
purpose under the circumstances; 
‘‘(2) an appropriate arrangement for such use 
of the facility can be made; and 
‘‘(3) such facility satisfies the standards for the 
housing, care, and security of persons held in cus-
tody of a United States marshal. 
‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 
Security shall reimburse States, and political subdivisions 
of a State, for all reasonable expenses, as determined by 
the Secretary, incurred by the State, or political subdivi-
sion, as a result of the incarceration and transportation 
of an alien who is unlawfully present in the United States 
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as described in subparagraphs (A) and (B) of subsection 
(a)(1). Compensation provided for costs incurred under 
such subparagraphs shall be the average cost of incarcer-
ation of a prisoner in the relevant State, as determined 
by the chief executive officer of a State, or of a political 
subdivision of a State, plus the cost of transporting the 
alien from the point of apprehension to the place of deten-
tion, and to the custody transfer point if the place of de-
tention and place of custody are different. 
‘‘(d) SECURE FACILITIES.—The Secretary of Home-
land Security shall ensure that aliens incarcerated in Fed-
eral facilities pursuant to this Act are held in facilities 
that provide an appropriate level of security. 
‘‘(e) TRANSFER.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security shall es-
tablish a regular circuit and schedule for the prompt 
transfer of apprehended aliens from the custody of 
States, and political subdivisions of a State, to Fed-
eral custody. 
‘‘(2) CONTRACTS.—The Secretary may enter 
into contracts, including appropriate private con-
tracts, to implement this subsection. 
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‘‘(f) DEFINITION.—For purposes of this section, the 
term ‘alien who is unlawfully present in the United States’ 
means an alien who— 
‘‘(1) entered the United States without inspec-
tion or at any time, manner or place other than that 
designated by the Secretary of Homeland Security; 
‘‘(2) was admitted as a nonimmigrant and who, 
at the time the alien was taken into custody by the 
State, or a political subdivision of the State, had 
failed to— 
‘‘(A) maintain the nonimmigrant status in 
which the alien was admitted or to which it was 
changed under section 248; or 
‘‘(B) comply with the conditions of any 
such status; 
‘‘(3) was admitted as an immigrant and has 
subsequently failed to comply with the requirements 
of that status; or 
‘‘(4) failed to depart the United States under a 
voluntary departure agreement or under a final 
order of removal.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the 
item relating to section 240C the following new item: 
‘‘Sec. 240D. Custody of aliens unlawfully present in the United States.’’. 
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(b) GAO AUDIT.—Not later than three years after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct an audit of 
compensation to States, and to political subdivisions of a 
State, for the incarceration of aliens unlawfully present 
in the United States under section 240D(a) of the Immi-
gration and Nationality Act (as added by subsection 
(a)(1)). 
SEC. 9. TRAINING OF STATE AND LOCAL LAW ENFORCE-
MENT PERSONNEL RELATING TO THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) ESTABLISHMENT
OF TRAINING MANUAL
AND 
POCKET GUIDE.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall establish— 
(1) a training manual for law enforcement per-
sonnel of a State, or of a political subdivision of a 
State, to train such personnel in the investigation, 
identification, apprehension, arrest, detention, and 
transfer to Federal custody of aliens unlawfully 
present in the United States (including the transpor-
tation of such aliens across State lines to detention 
centers and the identification of fraudulent docu-
ments); and 
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(2) an immigration enforcement pocket guide 
for law enforcement personnel of a State, or of a po-
litical subdivision of a State, to provide a quick ref-
erence for such personnel in the course of duty. 
(b) AVAILABILITY.—The training manual and pocket 
guide established in accordance with subsection (a) shall 
be made available to all State and local law enforcement 
personnel. 
(c) APPLICABILITY.—Nothing in this section shall be 
construed to require State or local law enforcement per-
sonnel to carry the training manual or pocket guide with 
them while on duty. 
(d) COSTS.—The Secretary of Homeland Security 
shall be responsible for any costs incurred in establishing 
the training manual and pocket guide. 
(e) TRAINING FLEXIBILITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall make training of State and local law 
enforcement officers available through as many 
means as possible, including through residential 
training at the Center for Domestic Preparedness, 
onsite training held at State or local police agencies 
or facilities, online training courses by computer, 
teleconferencing, and videotape, or the digital video 
display (DVD) of a training course or courses. E- 
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learning through a secure, encrypted distributed 
learning system that has all its servers based in the 
United States, is scalable, survivable, and can have 
a portal in place not later than 30 days after the 
date of the enactment of this Act, shall be made 
available by the Federal Law Enforcement Training 
Center Distributed Learning Program for State and 
local law enforcement personnel. 
(2) FEDERAL
PERSONNEL
TRAINING.—The 
training of State and local law enforcement per-
sonnel under this section shall not displace the train-
ing of Federal personnel. 
(3) CLARIFICATION.—Nothing in this Act or 
any other provision of law shall be construed as 
making any immigration-related training a require-
ment for, or prerequisite to, any State or local law 
enforcement officer to assist in the enforcement of 
Federal immigration laws in the normal course of 
carrying out the normal law enforcement duties of 
such officers. 
In carrying out this section, priority funding shall be given 
for existing web-based immigration enforcement training 
systems. 
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