retary of Homeland Security shall make grants to States, 
and to political subdivisions of States, for procurement of 
equipment, technology, facilities, and other products that 
facilitate and are directly related to investigating, appre-
hending, arresting, detaining, or transporting aliens who 
have violated the immigration law of the United States, 
including additional administrative costs incurred under 
this Act. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State, or a political subdivision of 
a State, must have the authority to, and shall have a writ-
ten policy and a practice to, assist in the enforcement of 
the immigration laws of the United States in the course 
of carrying out the routine law enforcement duties of such 
State or political subdivision of a State. Entities covered 
under this section may not have any policy or practice that 
prevents local law enforcement from inquiring about a sus-
pect’s immigration status. 
(c) FUNDING.—There is authorized to be appro-
priated to the Secretary for grants under this section such 
sums as may be necessary for fiscal year 2010 and each 
subsequent fiscal year. 
(d) 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 
VerDate Nov 24 2008 
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funds distributed to States, and to political subdivisions 
of a State, under subsection (a). 
SEC. 7. INCREASED FEDERAL DETENTION SPACE. 
(a) CONSTRUCTION OR ACQUISITION OF DETENTION 
FACILITIES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall construct or acquire, in addition to ex-
isting facilities for the detention of aliens, 20 deten-
tion facilities in the United States, for aliens de-
tained pending removal from the United States or a 
decision regarding such removal. Each facility shall 
have a number of beds necessary to effectuate this 
purposes of this Act. 
(2) DETERMINATIONS.—The location of any de-
tention facility built or acquired in accordance with 
this subsection shall be determined by the Deputy 
Assistant Director of the Detention Management Di-
vision of the Immigration and Customs Enforcement 
Office of Detention and Removal within United 
States Immigration and Customs Enforcement. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this section. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 241(g)(1) of the Immigration and Nationality Act 
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(8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex-
pend’’ and inserting ‘‘shall expend’’. 
SEC. 8. FEDERAL CUSTODY OF ALIENS UNLAWFULLY 
PRESENT IN THE UNITED STATES APPRE-
HENDED BY STATE OR LOCAL LAW ENFORCE-
MENT. 
(a) STATE APPREHENSION.— 
(1) IN GENERAL.—Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended by inserting after section 240C the fol-
lowing: 
‘‘CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE 
UNITED STATES 
‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE 
AND LOCAL OFFICIALS.—If a State, or a political subdivi-
sion of the State, exercising authority with respect to the 
apprehension or arrest of an alien who is unlawfully 
present in the United States submits to the Secretary of 
Homeland Security a request that the alien be taken into 
Federal custody, the Secretary— 
‘‘(1) not later than 48 hours after the conclu-
sion of the State, or the political subdivision of a 
State, charging process or dismissal process, or if no 
State or political subdivision charging or dismissal 
process is required, not later than 48 hours after the 
alien is apprehended, shall take the alien into the 
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custody of the Federal Government and incarcerate 
the alien; or 
‘‘(2) shall request that the relevant State or 
local law enforcement agency temporarily incarcerate 
or transport the alien for transfer to Federal cus-
tody; and 
‘‘(b) POLICY ON DETENTION IN STATE AND LOCAL 
DETENTION
FACILITIES.—In 
carrying 
out 
section 
241(g)(1), the Attorney General or Secretary of Homeland 
Security shall ensure that an alien arrested under this Act 
shall be detained, pending the alien’s being taken for the 
examination under this section, in a State or local prison, 
jail, detention center, or other comparable facility. Not-
withstanding any other provision of law or regulation, 
such facility is adequate for detention, if— 
‘‘(1) such a facility is the most suitably located 
Federal, State, or local facility available for such 
purpose under the circumstances; 
‘‘(2) an appropriate arrangement for such use 
of the facility can be made; and 
‘‘(3) such facility satisfies the standards for the 
housing, care, and security of persons held in cus-
tody of a United States marshal. 
‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 
Security shall reimburse States, and political subdivisions 
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of a State, for all reasonable expenses, as determined by 
the Secretary, incurred by the State, or political subdivi-
sion, as a result of the incarceration and transportation 
of an alien who is unlawfully present in the United States 
as described in subparagraphs (A) and (B) of subsection 
(a)(1). Compensation provided for costs incurred under 
such subparagraphs shall be the average cost of incarcer-
ation of a prisoner in the relevant State, as determined 
by the chief executive officer of a State, or of a political 
subdivision of a State, plus the cost of transporting the 
alien from the point of apprehension to the place of deten-
tion, and to the custody transfer point if the place of de-
tention and place of custody are different. 
‘‘(d) SECURE FACILITIES.—The Secretary of Home-
land Security shall ensure that aliens incarcerated in Fed-
eral facilities pursuant to this Act are held in facilities 
that provide an appropriate level of security. 
‘‘(e) TRANSFER.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security shall es-
tablish a regular circuit and schedule for the prompt 
transfer of apprehended aliens from the custody of 
States, and political subdivisions of a State, to Fed-
eral custody. 
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