I 
109TH CONGRESS 
1ST SESSION H. R. 4172 
To provide for enhanced enforcement of the Federal immigration laws, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2005 
Mr. NEY introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To provide for enhanced enforcement of the Federal 
immigration laws, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Keep Americans Safe 
Act of 2005’’. 
SEC. 2. FEDERAL AFFIRMATION OF STATE AND LOCAL AS-
SISTANCE IN ENFORCEMENT OF FEDERAL 
IMMIGRATION LAWS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and reaffirming the existing inherent authority
of States, law enforcement personnel of a State or a polit-
ical subdivision of a State have the inherent authority of 
a sovereign entity to investigate, 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), in the course of carrying out 
their routine duties for the purpose of assisting in the en-
forcement of the immigration laws of the United States. 
(b) CONSTRUCTION.—Nothing in this section shall be 
construed to require law enforcement officers of a State 
or political subdivision of a State to— 
(1) report the identity of victims of, or wit-
nesses to, a criminal offense to the Secretary of 
Homeland Security; or 
(2) arrest such victims or witnesses for immi-
gration violations. 
SEC. 3. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER (NCIC) 
DATABASE. 
(a) PROVISION OF INFORMATION TO NCIC.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, and con-
tinually thereafter, the Under Secretary for Border 
and Transportation Security of the Department of 
Homeland Security shall provide the National Crime
Information Center of the Department of Justice 
with such information as the Under Secretary may 
have on— 
(A) all aliens against whom a final order of 
removal has been issued; 
(B) all aliens who have signed a voluntary 
departure agreement; and 
(C) all aliens whose visas have been re-
voked. 
(2) CIRCUMSTANCES.—The information de-
scribed in paragraph (1) shall be provided to the 
National Crime Information Center regardless of 
whether— 
(A) the alien received notice of a final 
order of removal; or 
(B) the alien has already been removed. 
(b) INCLUSION OF INFORMATION IN NCIC DATA-
BASE.—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:
‘‘(4) acquire, collect, classify, and preserve 
records of violations of the immigration laws of the 
United States; and’’. 
(c) PERMISSION TO DEPART VOLUNTARILY.—Section 
240B(a)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1229c(a)(2)(A)) is amended by striking ‘‘120’’ and 
inserting ‘‘30’’. 
SEC. 4. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE-
HENDED BY STATE OR LOCAL LAW ENFORCE-
MENT. 
Section 241 of the Immigration and Nationality Act 
(8 U.S.C. 1231) is amended by adding at the end the fol-
lowing: 
‘‘(j) CUSTODY OF ILLEGAL ALIENS.— 
‘‘(1) IN GENERAL.—If the chief executive offi-
cer of a State or, if appropriate, a political subdivi-
sion of the State, exercising authority with respect 
to the apprehension of an illegal alien submits a re-
quest to the Secretary of Homeland Security that 
the alien be taken into Federal custody, the Sec-
retary of Homeland Security— 
‘‘(A) shall— 
‘‘(i) not later than 48 hours after the 
conclusion of the State charging process or 
dismissal process, or if no State charging
or dismissal process is required, not later 
than 48 hours after the illegal alien is ap-
prehended, take the illegal alien into the 
custody of the Federal Government and in-
carcerate the alien; or 
‘‘(ii) request that the relevant State or 
local law enforcement agency temporarily 
incarcerate or transport the illegal alien for 
transfer to Federal custody; and 
‘‘(B) shall designate at least 1 Federal, 
State, or local prison or jail, or a private con-
tracted prison or detention facility, within each 
State as the central facility for that State to 
transfer custody of the criminal or illegal alien 
to the Secretary of Homeland Security. 
‘‘(2) REIMBURSEMENT.— 
‘‘(A) IN
GENERAL.—The Department of 
Homeland Security shall reimburse States and 
political subdivisions for all reasonable ex-
penses, as determined by the Secretary of 
Homeland Security, incurred by a State or po-
litical subdivision in the incarceration and 
transportation of an illegal alien as described in 
subparagraphs (A) and (B) of paragraph (1).