200,000 individuals at any time for aliens detained 
pending removal or a decision on removal of such 
alien from the United States. 
(2) DETERMINATION OF LOCATION.—The loca-
tion of any detention facility built or acquired in ac-
cordance with this subsection shall be determined 
with the concurrence of the Secretary by the senior 
officer responsible for Detention and Removal Oper-
ations in the Department of Homeland Security. 
The detention facilities shall be located so as to en-
able the Department to increase to the maximum ex-
tent practicable the annual rate and level of remov-
als of illegal aliens from the United States. 
(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) 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’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section. 
SEC. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE-
HENDED BY STATE OR LOCAL LAW ENFORCE-
MENT. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
adding after section 240C the following new section: 
‘‘TRANSFER OF ILLEGAL ALIENS FROM STATE TO 
FEDERAL CUSTODY 
‘‘SEC. 240D. (a) IN GENERAL.—If the head of a law 
enforcement entity of a State (or, if appropriate, a polit-
ical subdivision of the State) exercising authority with re-
spect to the apprehension or arrest of an illegal alien sub-
mits a request to the Secretary of Homeland Security that 
the alien be taken into Federal custody, the Secretary of 
Homeland Security— 
‘‘(1) shall— 
‘‘(A) deem the request to include the in-
quiry to verify immigration status described in 
section 642(c) of the Immigration Reform and 
Immigrant Responsibility Act of 1996, and ex-
peditiously inform the requesting entity whether 
such individual is an illegal alien; and 
‘‘(B) either— 
‘‘(i) not later than 72 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 72 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 
detain or transport the illegal alien to a lo-
cation 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 criminal 
or illegal aliens to the Department of Homeland Se-
curity. 
‘‘(b) REIMBURSEMENT.— 
‘‘(1) IN GENERAL.—The Department of Home-
land Security shall reimburse a State or a political 
subdivision of a State for expenses, as verified by
the Secretary of Homeland Security, incurred by the 
State or political subdivision in the detention and 
transportation of a criminal or illegal alien as de-
scribed in subparagraphs (A) and (B) of subsection 
(a)(1). 
‘‘(2) COST COMPUTATION.—Compensation pro-
vided for costs incurred under subparagraphs (A) 
and (B) of subsection (a)(1) shall be— 
‘‘(A) the product of— 
‘‘(i) the average daily cost of incarcer-
ation of a prisoner in the relevant State, as 
determined by the chief executive officer of 
a State (or, as appropriate, a political sub-
division of the State); multiplied by 
‘‘(ii) the number of days that the alien 
was in the custody of the State or political 
subdivision; plus 
‘‘(B) the cost of transporting the criminal 
or illegal alien from the point of apprehension 
or arrest to the location of detention, and if the 
location of detention and of custody transfer 
are different, to the custody transfer point; plus 
‘‘(C) the cost of uncompensated emergency 
medical care provided to a detained illegal alien 
during the period between the time of trans-
mittal of the request described in subsection (a) 
and the time of transfer into Federal custody. 
‘‘(c) REQUIREMENT FOR APPROPRIATE SECURITY.— 
The Secretary of Homeland Security shall ensure that ille-
gal aliens incarcerated in a Federal facility pursuant to 
this subsection are held in facilities which provide an ap-
propriate level of security, and that, where practicable, 
aliens detained solely for civil violations of Federal immi-
gration law are separated within a facility or facilities. 
‘‘(d) REQUIREMENT FOR SCHEDULE.—In carrying 
out this section, the Secretary of Homeland Security shall 
establish a regular circuit and schedule for the prompt 
transportation of apprehended illegal aliens from the cus-
tody of those States and political subdivisions of States 
which routinely submit requests described in subsection 
(a) into Federal custody. 
‘‘(e) AUTHORITY FOR CONTRACTS.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security may enter into contracts or cooperative 
agreements with appropriate State and local law en-
forcement and detention agencies to implement this 
section. 
‘‘(2) DETERMINATION
BY
SECRETARY.—Prior 
to entering into a contract or cooperative agreement 
with a State or political subdivision of a State under
paragraph (1), the Secretary shall determine wheth-
er the State, or where appropriate, the political sub-
division in which the agencies are located has in 
place any formal or informal policy that violates sec-
tion 642 of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1373). 
The Secretary shall not allocate any of the funds 
made available under this section to any State or po-
litical subdivision that has in place a policy that vio-
lates such section. 
‘‘(f) ILLEGAL ALIEN DEFINED.—For purposes of 
this section, the term ‘illegal alien’ means an alien who— 
‘‘(1) entered the United States without inspec-
tion or at any time or place other than that des-
ignated 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.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS FOR THE 
DETENTION AND TRANSPORTATION TO FEDERAL CUS-
TODY OF ALIENS NOT LAWFULLY PRESENT.—There is 
authorized to be appropriated $850,000,000 for the deten-
tion and removal of aliens not lawfully present in the 
United States under the Immigration and Nationality Act 
(8 U.S.C. 1101 et seq.) for fiscal year 2007 and each sub-
sequent fiscal year. 
SEC. 223. INSTITUTIONAL REMOVAL PROGRAM. 
(a) INSTITUTIONAL REMOVAL PROGRAM.— 
(1) CONTINUATION.—The Secretary of Home-
land Security shall continue to operate the Institu-
tional Removal Program or develop and implement 
any other program to— 
(A) identify removable criminal aliens in 
Federal and State correctional facilities; 
(B) ensure that such aliens are not re-
leased into the community; and
(C) remove such aliens from the United 
States after the completion of their sentences. 
(2) EXPANSION.—the Secretary of Homeland 
Security shall extend the institutional removal pro-
gram to all States. Each state should— 
(A) cooperate with officials of the Federal 
Institutional Removal Program; 
(B) expeditiously and systematically iden-
tify criminal aliens in its prison and jail popu-
lations; and 
(C) promptly convey the information col-
lected under subparagraph (B) to officials of 
the Institutional Removal Program. 
(b) IMPLEMENTATION
OF COOPERATIVE INSTITU-
TIONAL REMOVAL PROGRAMS.—Section 642 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1373) is designated as section 296 of the 
Immigration and Nationality Act, and inserted into such 
Act after section 295 and is amended by adding at the 
end the following: 
‘‘(c) AUTHORIZATION FOR DETENTION AFTER COM-
PLETION OF STATE OR LOCAL PRISON SENTENCE .—Law 
enforcement officers of a State or political subdivision of 
a State are authorized to—
‘‘(1) hold an illegal 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 de-
tained by the State prison until personnel from the 
Bureau of Immigration and Customs Enforcement 
can take the alien into custody. 
‘‘(d) TECHNOLOGY USAGE.—Technology such as 
videoconferencing shall be used to the maximum extent 
practicable in order to make the Institutional Removal 
Program (IRP) available in remote locations. Mobile ac-
cess to Federal databases of aliens, such as IDENT, and 
live scan technology shall be used to the maximum extent 
practicable in order to make these resources available to 
State and local law enforcement agencies in remote loca-
tions. 
‘‘(e) REPORT
TO CONGRESS.—The Secretary of 
Homeland Security shall submit to Congress a report on 
the participation of States in the Institutional Removal 
Program and in any other program under subsection (a).
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out the Institu-
tional Removal Program— 
‘‘(1) $30,000,000 for fiscal year 2007; 
‘‘(2) $40,000,000 for fiscal year 2008; 
‘‘(3) $50,000,000 for fiscal year 2009; 
‘‘(4) $60,000,000 for fiscal year 2010; and 
‘‘(5) $70,000,000 for fiscal year 2011.’’. 
Subtitle D—State, Local, and Tribal 
Enforcement of Immigration Laws 
SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION 
LAW ENFORCEMENT AUTHORITY 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 a political subdivision 
of a State have the inherent authority of a sovereign entity 
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 purpose of assisting in 
the enforcement of the immigration laws of the United 
States in the normal course of carrying out the law en-
forcement duties of such personnel. This State authority 
has never been displaced or preempted by a Federal law.
SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF 
STATE AND LOCAL LAW ENFORCEMENT PER-
SONNEL. 
(a) 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 residential training at 
the Center for Domestic Preparedness of the De-
partment of Homeland Security, onsite training held 
at State or local police agencies or facilities, on-line 
training courses by computer, teleconferencing, and 
videotape, or the digital video display (DVD) of a 
training course or courses. 
(2) ON-LINE TRAINING.—The head of the Dis-
tributed Learning Program of the Federal Law En-
forcement Training Center shall make training avail-
able for State and local law enforcement personnel 
via the Internet through a secure, encrypted distrib-
uted learning system that has all its servers based 
in the United States. 
(3) 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.
(b) COOPERATIVE ENFORCEMENT PROGRAMS.—The 
Secretary shall negotiate and execute, where practicable, 
a cooperative enforcement agreement described in section 
287(g) of the Immigration and Nationality Act (8 U.S.C. 
1375(g)) with at least one law enforcement agency in each 
State, to train law enforcement officers in the detection 
and apprehension of individuals engaged in transporting, 
harboring, sheltering, or encouraging aliens in violation of 
section 274 of such Act (8 U.S.C. 1324). 
(c) CLARIFICATION.—Nothing in this Act or any 
other provision of law shall be construed as making any 
immigration-related training a requirement for, or pre-
requisite to, any State or local law enforcement officer ex-
ercising the inherent authority of the officer to investigate, 
identify, apprehend, arrest, detain, or transfer to Federal 
custody illegal aliens during the normal course of carrying 
out the law enforcement duties of the officer. 
(d) TECHNICAL AMENDMENT.—Section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)) is 
amended by striking ‘‘Attorney General’’ each place it ap-
pears and inserting ‘‘Secretary of Homeland Security’’.
SEC. 233. COMMUNICATION BETWEEN GOVERNMENT AGEN-
CIES AND THE DEPARTMENT OF HOMELAND 
SECURITY. 
Section 642 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is 
amended by adding at the end the following new sub-
sections: 
‘‘(d) ENFORCEMENT.— 
‘‘(1) INELIGIBILITY
FOR
FEDERAL
LAW
EN-
FORCEMENT AID.—Upon a determination that any 
person, or any Federal, State, or local government 
agency or entity, is in violation of subsection (a) or 
(b), the Attorney General shall not provide to such 
person, agency, or entity any grant amount pursuant 
to any law enforcement grant program carried out 
by any element of the Department of Justice, includ-
ing the program under section 241(i) of the Immi-
gration and Nationality Act (8 U.S.C. 241(i)), or 
pursuant to any grant program authorized under 
title I of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5301 et seq.), and shall en-
sure that no such grant amounts are provided, di-
rectly or indirectly, to such person, agency, or entity. 
In the case of grant amounts that otherwise would 
be provided to such person, agency, or entity pursu-
ant to a formula, such amounts shall be reallocated 
among eligible recipients. 
‘‘(2) VIOLATIONS
BY
GOVERNMENT
OFFI-
CIALS.—In any case in which a Federal, State, or 
local government official is in violation of subsection 
(a) or (b), the government agency or entity that em-
ploys (or, at the time of the violation, employed) the 
official shall be subject to the sanction described in 
paragraph (1). 
‘‘(3) DURATION.—The sanction described in 
paragraph (1) shall remain in effect until the Sec-
retary of Homeland Security determines that the 
person, agency, or entity has ceased violating sub-
sections (a) and (b). 
‘‘(e) PRIVATE RIGHT OF ACTION.—A citizen or na-
tional of the United States who is domiciled in a State 
or in a political subdivision of a State shall have a right 
of action in the United States district court of the State 
in which such citizen or national is domicilied to obtain 
declaratory and injunctive relief to remedy a violation of 
subsection (a) or (b) by an agency, agent, or official of 
the State or political subdivision.’’.
SEC. 234. REDUCING ILLEGAL IMMIGRATION AND ALIEN 
SMUGGLING ON TRIBAL LANDS. 
(a) GRANTS AUTHORIZED.—The Secretary of Home-
land Security may award grants to Indian tribes with 
lands adjacent to an international border of the United 
States that have been adversely affected by illegal immi-
gration. 
(b) USE OF FUNDS.—Grants awarded under sub-
section (a) may be used for— 
(1) law enforcement activities; 
(2) health care services; 
(3) environmental restoration; and 
(4) the preservation of cultural resources. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Homeland Secu-
rity shall submit to the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House 
of Representatives a report that— 
(1) describes the level of access of Border Pa-
trol agents on tribal lands; 
(2) describes the extent to which enforcement of 
immigration laws may be improved by enhanced ac-
cess to tribal lands; 
(3) contains a strategy for improving such ac-
cess through cooperation with tribal authorities; and
(4) identifies grants provided by the Depart-
ment of Homeland Security for Indian tribes, either 
directly or through State or local grants, relating to 
border security expenses. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated $10,000,000 for each 
of fiscal years 2007 through 2011 to carry out this sec-
tion. 
SEC. 235. IMMUNITY. 
(a) PERSONAL
IMMUNITY.—Notwithstanding any 
other provision of law, a law enforcement officer of a 
State, or of a political subdivision of a State, shall be im-
mune, to the same extent as a Federal law enforcement 
officer, from personal liability arising out of the enforce-
ment of any immigration law. The immunity provided by 
this subsection shall only apply to an officer of a State, 
or of a political subdivision of a State, who is acting within 
the scope of such officer’s official duties. 
(b) AGENCY IMMUNITY.—Notwithstanding any other 
provision of law, a law enforcement agency of a State, or 
of a political subdivision of a State, shall be immune from 
any claim for money damages based on Federal, State, 
or local civil rights law for an incident arising out of the 
enforcement of any immigration law, except to the extent 
that the law enforcement officer of such agency, whose ac-
tion the claim involves, committed a violation of Federal, 
State, or local criminal law in the course of enforcing such 
immigration law. 
Subtitle E—Additional Provisions 
SEC. 241. NO PREFERENTIAL TREATMENT OF ALIENS NOT 
LAWFULLY PRESENT FOR PUBLIC BENEFITS. 
(a) POST-SECONDARY EDUCATION BENEFITS.—Sec-
tion 505 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (division C of Public Law 
104–208) is amended— 
(1) in subsection (a), by striking ‘‘on the basis 
of residence within a State (or a political subdivi-
sion)’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(c) ANNUAL REPORT.—The Office of Civil Rights 
of the United States Department of Justice shall annually 
submit to Congress a report on which, if any, post-sec-
ondary educational institutions have provided benefits in 
contravention of this section. 
‘‘(d) LIMITATION ON FEDERAL FINANCIAL ASSIST-
ANCE.—No Federal agency shall provide any grant, reim-
bursement, or other financial assistance to a post-sec-
ondary educational institution determined under sub-
section (c) to continue to provide benefits in contravention
of this section. Any funds withheld under this subsection 
shall be reallocated among qualifying educational institu-
tions that are in compliance with subsection (a).’’. 
(b) PUBLIC BENEFITS.—The Personal Responsibility 
and Work Opportunity Reconciliation Act of 1996 (Public 
Law 104–193) is amended— 
(1) in section 411(d) (8 U.S.C. 1621(d)), by 
striking ‘‘provides for such eligibility.’’ and inserting 
‘‘provides for the eligibility of United States citizens 
and nationals for such benefit regardless of state 
residence.’’; 
(2) by amending subsection (d) of section 432 
(8 U.S.C. 1642) to read as follows: 
‘‘(d) DECLARATIVE RIGHTS.—A lawful resident of a 
State may, after exhausting any available administrative 
remedies, seek declarative and injunctive relief in Federal 
district court from a practice of a government agency or 
agent of such State or of a political subdivision therein 
that provides a Federal, State, or local public benefit to 
an alien in violation of immigration laws, including the 
Immigration and Nationality Act.’’; and 
(3) in section 433(a) (8 U.S.C. 1643(a))— 
(A) by striking paragraph (2); and
(B) by striking ‘‘LIMITATION’’ and all that 
follows through ‘‘Nothing’’ and inserting ‘‘LIMI-
TATION.—Nothing’’. 
SEC. 242. AUTHORIZED APPROPRIATIONS. 
In addition to amounts otherwise authorized to be ap-
propriated, there are authorized to be appropriated such 
sums as may be necessary for each of fiscal years 2007 
through 2011 to carry out this title. 
TITLE III—VISA REFORM AND 
ALIEN STATUS 
Subtitle A—Limitations on Visa 
Issuance, Validity Due to Abuse, 
and Suspension of the Visa 
Waiver Program 
SEC. 301. CURTAILMENT OF VISAS FOR COUNTRIES DENY-
ING OR DELAYING REPATRIATION OF NA-
TIONALS. 
Section 244 of the Immigration and Nationality Act 
(8 U.S.C. 1253) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) PUBLIC LISTING OF ALIENS WITH NO SIGNIFI-
CANT LIKELIHOOD OF REMOVAL.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish and maintain a public listing 
of every alien who is subject to a final order of re-