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. 
(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’’. 
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SEC. 9. 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: 
‘‘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, 
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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 
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 
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‘‘(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 
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-
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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 
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 
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