‘‘(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 Nov 24 2008 
22:10 May 15, 2009
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H2406.IH
H2406
hsrobinson on PROD1PC76 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 Nov 24 2008 
22:10 May 15, 2009
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H2406.IH
H2406
hsrobinson on PROD1PC76 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 Nov 24 2008 
22:10 May 15, 2009
Jkt 079200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H2406.IH
H2406
hsrobinson on PROD1PC76 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 Nov 24 2008 
22:10 May 15, 2009
Jkt 079200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H2406.IH
H2406
hsrobinson on PROD1PC76 with BILLS
SEC. 10. IMMUNITY. 
(a) PERSONAL
IMMUNITY.—Notwithstanding any 
other provision of law, a law enforcement officer of a State 
or local law enforcement agency who is acting within the 
scope of the officer’s official duties shall be immune, to 
the same extent as a Federal law enforcement officer, 
from personal liability arising out of the performance of 
any duty described in this Act. 
(b) AGENCY IMMUNITY.—Notwithstanding any other 
provision of law, a State or local law enforcement agency 
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 a law enforcement officer of such 
agency committed a violation of Federal, State, or local 
criminal law in the course of enforcing such immigration 
law. 
SEC. 11. INSTITUTIONAL REMOVAL PROGRAM (IRP). 
(a) CONTINUATION AND EXPANSION.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall continue to operate and implement the 
program known as the Institutional Removal Pro-
gram (IRP) which— 
(A) identifies removable criminal aliens in 
Federal and State correctional facilities; 
VerDate Nov 24 2008 
22:10 May 15, 2009
Jkt 079200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H2406.IH
H2406
hsrobinson on PROD1PC76 with BILLS