of fiscal years 2010 through 2014 to carry out this sec-
tion.’’. 
SEC. 803. INCREASE IN NUMBER OF ICE AGENTS. 
Section 5203 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458; 118 
Stat. 3734) is amended to read as follows: 
‘‘SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND 
CUSTOMS ENFORCEMENT INVESTIGATORS. 
‘‘(a) IN GENERAL.—By not later than September 30, 
2013, the Secretary of Homeland Security shall, subject 
to the availability of appropriations for such purpose, in-
crease by 3,000 the number of positions for full-time ac-
tive-duty investigators within the Department of Home-
land Security investigating violations of immigration laws 
(as defined in section 101(a)(17) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(17))) above the number 
of such positions for which funds were made available dur-
ing the preceding fiscal year. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section such sums as may be necessary for each 
fo fiscal years 2010 through 2013.’’. 
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TITLE IX—STATE AND LOCAL 
GOVERNMENT AUTHORITY 
Subtitle A—General Provisions 
SEC. 901. STATE DEFINED; SEVERABILITY. 
(a) STATE DEFINED.—For purposes of this title 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)). 
(b) SEVERABILITY.—If any provision of this title, or 
the application of such provision to any person or cir-
cumstance, is held invalid, the remainder of this title and 
the application of such provision to other persons not simi-
larly situated or to other circumstances, shall not be af-
fected by such invalidation. 
SEC. 902. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 
IMMIGRATION 
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 
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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. 903. 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 
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 
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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. 904. 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-
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; 
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(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.—Section 534(a) of title 28, United States 
Code, is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(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’’. 
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