SECTION 1. SHORT TITLE; TABLE OF CONTENTS; STATE DE-
FINED; SEVERABILITY. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Clear Law Enforcement for Criminal Alien Removal Act 
of 2017’’ or the ‘‘CLEAR Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
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 Cen-
ter database. 
Sec. 5. State and local law enforcement provision of information about appre-
hended 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 appre-
hended 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. 
(c) STATE DEFINED.—For purposes of this Act, the 
term ‘‘State’’ has the meaning given such term in section 
101(a)(36) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(36)). 
(d) SEVERABILITY.—If any provision of this Act, or 
the application of such provision to any person or cir-
cumstance, is held invalid, the remainder of this Act, and 
the application of such provision to other persons not simi-
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
larly situated or to other circumstances, shall not be af-
fected by such invalidation. 
SEC. 2. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IM-
MIGRATION LAW ENFORCEMENT BY STATES 
AND POLITICAL SUBDIVISIONS OF STATES. 
Notwithstanding any other provision of law and re-
affirming the existing inherent authority of States, law en-
forcement personnel of a State, or of a political subdivision 
of a State, have the inherent authority of a sovereign enti-
ty to investigate, identify, apprehend, arrest, detain, or 
transfer to Federal custody aliens in the United States 
(including the transportation of such aliens across State 
lines to detention centers), for the purposes of assisting 
in the enforcement of the immigration laws of the United 
States in the course of carrying out routine duties. This 
State authority has never been displaced or preempted by 
Congress. 
SEC. 3. STATE AUTHORIZATION FOR ASSISTANCE IN THE 
ENFORCEMENT OF IMMIGRATION LAWS EN-
COURAGED. 
(a) IN GENERAL.—Effective two years after the date 
of the enactment of this Act, a State, or a political subdivi-
sion of a State, that has in effect a statute, policy, or prac-
tice that prohibits law enforcement officers of the State, 
or of a political subdivision of the State, from assisting 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
or cooperating with Federal immigration law enforcement 
in the course of carrying out the officers’ routine law en-
forcement duties shall not receive any of the funds that 
would otherwise be allocated to the State under section 
241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)). 
(b) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States, or from po-
litical subdivisions of States, to report or arrest victims 
or witnesses of a criminal offense. 
(c) REALLOCATION OF FUNDS.—Any funds that are 
not allocated to a State, or to a political subdivision of 
a State, due to the failure of the State, or of the political 
subdivision of the State, to comply with subsection (a) 
shall be reallocated to States, or to political subdivisions 
of States, that comply with such subsection. 
SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE. 
(a) PROVISION OF INFORMATION TO THE NCIC.— 
Not later than 180 days after the date of the enactment 
of this Act and periodically thereafter as updates may re-
quire, the Under Secretary for Border and Transportation 
Security of the Department of Homeland Security shall 
provide the National Crime Information Center of the De-
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
partment of Justice with such information as the Under 
Secretary may possess regarding any aliens against whom 
a final order of removal has been issued, any aliens who 
have signed a voluntary departure agreement, any aliens 
who have overstayed their authorized period of stay, and 
any aliens whose visas have been revoked. The National 
Crime Information Center shall enter such information 
into the Immigration Violators File of the National Crime 
Information Center database, regardless of whether— 
(1) the alien concerned received notice of a final 
order of removal; 
(2) the alien concerned has already been re-
moved; or 
(3) sufficient identifying information is avail-
able with respect to the alien concerned. 
(b) INCLUSION
OF INFORMATION
IN
THE NCIC 
DATABASE.— 
(1) IN GENERAL.—Section 534(a) of title 28, 
United States Code, is amended— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (4) as 
paragraph (5); and 
(C) by inserting after paragraph (3) the 
following new paragraph: 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
‘‘(4) acquire, collect, classify, and preserve 
records of violations by aliens of the immigration 
laws of the United States, regardless of whether any 
such alien has received notice of the violation or 
whether sufficient identifying information is avail-
able with respect to any such alien and even if any 
such alien has already been removed from the 
United States; and’’. 
(2) EFFECTIVE DATE.—The Attorney General 
shall ensure that the amendment made by paragraph 
(1) is implemented by not later than 6 months after 
the date of the enactment of this Act. 
SEC. 5. STATE AND LOCAL LAW ENFORCEMENT PROVISION 
OF 
INFORMATION 
ABOUT 
APPREHENDED 
ALIENS. 
(a) PROVISION
OF INFORMATION.—In compliance 
with section 642(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 
and section 434 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), 
each State, and each political subdivision of a State, shall 
provide the Secretary of Homeland Security in a timely 
manner with the information specified in subsection (b) 
with respect to each alien apprehended in the jurisdiction 
of the State, or in the political subdivision of the State, 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
(c) ANNUAL REPORT
ON REPORTING.—The Sec-
retary shall maintain and annually submit to Congress a 
detailed report listing the States, or the political subdivi-
sions of States, that have provided information under sub-
section (a) in the preceding year. 
(d) REIMBURSEMENT.—The Secretary of Homeland 
Security shall reimburse States, and political subdivisions 
of a State, for all reasonable costs, as determined by the 
Secretary, incurred by the State, or the political subdivi-
sion of a State, as a result of providing information under 
subsection (a). 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this section. 
(f) CONSTRUCTION.—Nothing in this section shall re-
quire law enforcement officials of a State, or of a political 
subdivision of a State, to provide the Secretary of Home-
land Security with information related to a victim of a 
crime or witness to a criminal offense. 
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-
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
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 laws 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 are authorized to be appro-
priated to the Secretary for grants under this section such 
sums as may be necessary for fiscal year 2017 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 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
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, for aliens de-
tained pending removal from the United States or a 
decision regarding such removal. Each facility shall 
have a number of beds necessary to effectuate the 
purposes of this Act. 
(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. 
(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 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
(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: 
‘‘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) not later than 48 hours after the conclu-
sion of the State, or the political subdivision of a 
State, charging process or dismissal process, or if no 
State or political subdivision charging or dismissal 
process is required, not later than 48 hours after the 
alien is apprehended, shall take the alien into the 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
custody of the Federal Government and incarcerate 
the alien; or 
‘‘(2) shall request that the relevant State or 
local law enforcement agency temporarily incarcerate 
or transport the alien for transfer to Federal cus-
tody. 
‘‘(b) POLICY ON DETENTION IN STATE AND LOCAL 
DETENTION
FACILITIES.—In 
carrying 
out 
section 
241(g)(1), the Attorney General or the 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. Notwithstanding any other provision of law or reg-
ulation, 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 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
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-
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. 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
‘‘(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 
‘‘(4) failed to depart the United States under a 
voluntary departure agreement or under a final 
order of removal.’’. 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
(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)). 
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 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
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-
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, 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS
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-
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. 
VerDate Sep 11 2014 
04:10 Nov 10, 2017
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4295.IH
H4295
SSpencer on DSKBBV9HB2PROD with BILLS