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. 
‘‘(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 
VerDate Mar 15 2010 
03:00 Apr 01, 2011
Jkt 099200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1274.IH
H1274
tjames on DSKG8SOYB1PROD with BILLS
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.’’. 
(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)). 
VerDate Mar 15 2010 
03:00 Apr 01, 2011
Jkt 099200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1274.IH
H1274
tjames on DSKG8SOYB1PROD with BILLS
SEC. 209. 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 
(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-
VerDate Mar 15 2010 
03:00 Apr 01, 2011
Jkt 099200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1274.IH
H1274
tjames on DSKG8SOYB1PROD with BILLS
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- 
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-
VerDate Mar 15 2010 
03:00 Apr 01, 2011
Jkt 099200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1274.IH
H1274
tjames on DSKG8SOYB1PROD with BILLS
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. 
SEC. 210. IMMUNITY. 
(a) PERSONAL
IMMUNITY.—Notwithstanding any 
other provision of law, a law enforcement officer of a State 
or local law enforcement agency who is acting within the 
scope of the officer’s official duties shall be immune, to 
the same extent as a Federal law enforcement officer, 
from personal liability arising out of the performance of 
any duty described in this Act. 
(b) AGENCY IMMUNITY.—Notwithstanding any other 
provision of law, a State or local law enforcement agency 
shall be immune from any claim for money damages based 
on Federal, State, or local civil rights law for an incident 
VerDate Mar 15 2010 
03:00 Apr 01, 2011
Jkt 099200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1274.IH
H1274
tjames on DSKG8SOYB1PROD with BILLS
arising out of the enforcement of any immigration law, 
except to the extent a law enforcement officer of such 
agency committed a violation of Federal, State, or local 
criminal law in the course of enforcing such immigration 
law. 
SEC. 211. INSTITUTIONAL REMOVAL PROGRAM (IRP). 
(a) CONTINUATION AND EXPANSION.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall continue to operate and implement the 
program known as the Institutional Removal Pro-
gram (IRP) which— 
(A) identifies removable criminal aliens in 
Federal and State correctional facilities; 
(B) ensures such aliens are not released 
into the community; and 
(C) removes such aliens from the United 
States after the completion of their sentences. 
(2) EXPANSION.—The Institutional Removal 
Program shall be extended to all States. Any State 
that receives Federal funds for the incarceration of 
criminal aliens shall— 
(A) cooperate with officials of the Institu-
tional Removal Program; 
VerDate Mar 15 2010 
03:00 Apr 01, 2011
Jkt 099200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1274.IH
H1274
tjames on DSKG8SOYB1PROD with BILLS
(B) expeditiously and systematically iden-
tify criminal aliens in its prison and jail popu-
lations; and 
(C) promptly convey such information to 
officials of such Program as a condition of re-
ceiving such funds. 
(b) AUTHORIZATION FOR DETENTION AFTER COM-
PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 
enforcement officers of a State, or of a political subdivision 
of a State, are authorized to— 
(1) hold a criminal alien for a period of up to 
14 days after the alien has completed the alien’s 
State prison sentence in order to effectuate the 
transfer of the alien to Federal custody when the 
alien is removable or not lawfully present in the 
United States; or 
(2) issue a detainer that would allow aliens who 
have served a State prison sentence to be detained 
by the State prison until personnel from United 
States Immigration and Customs Enforcement can 
take the alien into custody. 
(c) TECHNOLOGY USAGE.—Technology such as video 
conferencing shall be used to the maximum extent prac-
ticable in order to make the Institutional Removal Pro-
gram available in remote locations. Mobile access to Fed-
VerDate Mar 15 2010 
03:00 Apr 01, 2011
Jkt 099200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1274.IH
H1274
tjames on DSKG8SOYB1PROD with BILLS
eral databases of aliens, such as IDENT, and live scan 
technology shall be used to the maximum extent prac-
ticable in order to make these resources available to State 
and local law enforcement agencies in remote locations. 
SEC. 212. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
(SCAAP). 
Section 241(i)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended to read as follows: 
‘‘(5) There are authorized to be appropriated to 
carry out this subsection such sums as may be nec-
essary for fiscal year 2012 and each subsequent fis-
cal year.’’. 
SEC. 213. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary for fiscal year 2012 and each subsequent fiscal year 
such sums as may be necessary to carry out this Act. 
Æ 
VerDate Mar 15 2010 
03:00 Apr 01, 2011
Jkt 099200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6301
E:\BILLS\H1274.IH
H1274
tjames on DSKG8SOYB1PROD with BILLS