I 
111TH CONGRESS 
1ST SESSION H. R. 2406 
To provide for enhanced Federal, State, and local assistance in the enforce-
ment of the immigration laws, to amend the Immigration and Nationality 
Act, to authorize appropriations to carry out the State Criminal Alien 
Assistance Program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2009 
Mrs. BLACKBURN (for herself, Mr. BILBRAY, Mr. HELLER, Mr. ROYCE, Mr. 
AKIN, Mr. SIMPSON, Mr. BROWN of South Carolina, Mr. ROHRABACHER, 
Mr. BROUN of Georgia, Mr. MARCHANT, Mr. ROGERS of Michigan, Mr. 
FRANKS of Arizona, Mr. PENCE, Mr. COLE, Mr. LAMBORN, Mr. PITTS, 
Mr. MCCLINTOCK, Mr. FLEMING, Ms. GINNY BROWN-WAITE of Florida, 
and Mr. PRICE of Georgia) introduced the following bill; which was re-
ferred to the Committee on the Judiciary 
A BILL 
To provide for enhanced Federal, State, and local assistance 
in the enforcement of the immigration laws, to amend 
the Immigration and Nationality Act, to authorize appro-
priations to carry out the State Criminal Alien Assist-
ance Program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 2009’’ or the ‘‘Charlie Norwood CLEAR Act of 2009’’. 
(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-
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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 
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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-
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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: 
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‘‘(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, 
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who is believed to be in violation of the immigration laws 
of the United States. 
(b) INFORMATION REQUIRED.—The information re-
ferred to in subsection (a) is as follows: 
(1) The alien’s name. 
(2) The alien’s address or place of residence. 
(3) A physical description of the alien. 
(4) The date, time, and location of the encoun-
ter with the alien and reason for stopping, detaining, 
apprehending, or arresting the alien. 
(5) If applicable, the alien’s driver’s license 
number and the State of issuance of such license. 
(6) If applicable, the type of any other identi-
fication document issued to the alien, any designa-
tion number contained on the identification docu-
ment, and the issuing entity for the identification 
document. 
(7) If applicable, the license plate number, 
make, and model of any automobile registered to, or 
driven by, the alien. 
(8) A photo of the alien, if available or readily 
obtainable. 
(9) The alien’s fingerprints, if available or read-
ily obtainable. 
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(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 is 
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-
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