I 
112TH CONGRESS 
1ST SESSION H. R. 1274 
To gain operational control of the border, enforce immigration laws, 
strengthen visa security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2011 
Mr. ROYCE (for himself, Mr. KINGSTON, Mr. WESTMORELAND, Mrs. MYRICK, 
and Mr. SMITH of Texas) introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Commit-
tees on Armed Services, Homeland Security, Natural Resources, and Ag-
riculture, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To gain operational control of the border, enforce immigra-
tion laws, strengthen visa security, and for other pur-
poses. 
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 ‘‘Keeping the Pledge 
on Immigration Act of 2011’’. 
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TITLE I—BORDER CONTROL 
SEC. 101. OPERATIONAL CONTROL OF THE BORDER. 
(a) ADDITIONAL NATIONAL GUARD SUPPORT FOR 
DEPARTMENT OF HOMELAND SECURITY BORDER CON-
TROL ACTIVITIES.— 
(1) ADDITIONAL
DEPLOYMENT
OF
NATIONAL 
GUARD
ALONG
SOUTHERN
INTERNATIONAL
BOR-
DER.—At the request of the Governor of the State 
of Arizona, California, New Mexico, or Texas, the 
Secretary of Defense shall provide for the deploy-
ment of members of the National Guard along the 
international border between that State and Mexico 
in support of the border control activities of the 
United States Customs and Border Protection of the 
Department of Homeland Security. Members of the 
National Guard deployed pursuant to this section 
are in addition to the number of members of the Na-
tional Guard deployed along the international border 
with Mexico as of the date of the enactment of this 
Act. 
(2) DURATION.—This section shall apply until 
the date on which the Secretary of Homeland Secu-
rity certifies that the Federal Government has 
achieved operational control of the international bor-
der between the United States and Mexico. 
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(3) LIMITATION ON NUMBER OF MEMBERS DE-
PLOYED; EXCEPTION.—Not more than 4,000 mem-
bers of the National Guard may be deployed pursu-
ant to this section at any one time, except that the 
Secretary of Defense may exceed such number if the 
Governor of the State involved determines that, de-
spite the deployment of additional members of the 
National Guard, operational control of the inter-
national border is not being achieved. The Secretary 
of Defense shall accept the determination if the Gov-
ernor makes the determination in consultation with 
State, local, and tribal law enforcement authorities. 
(4) DEPLOYMENT AUTHORITIES.—Members of 
the National Guard deployed pursuant to this sec-
tion may be deployed under section 502(f) of title 
32, United States Code, or pursuant to the order of 
the Secretary of Defense under any other provision 
of law. 
(5) EXEMPTION FROM END STRENGTHS AND 
OTHER
LIMITATIONS.—Members of the National 
Guard deployed pursuant to this section shall not be 
included in the calculation to determine compliance 
with— 
(A) limits on end strength; or 
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(B) limits on the number of National 
Guard personal that may be placed on active 
duty for operational support. 
(6) OPERATIONAL CONTROL DEFINED.—In this 
section, the term ‘‘operational control’’ has the 
meaning given that term in section 2(b) of the Se-
cure Fence Act of 2006 (Public Law 109–367; 8 
U.S.C. 1701 note). 
(b) BORDER SECURITY.— 
(1) FENCING ALONG SOUTHERN BORDER.—Sec-
tion 102 the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1103 
note) is amended— 
(A) in subsection (b)(1)(A)— 
(i) by inserting ‘‘, not later than Sep-
tember 30, 2014,’’ before ‘‘construct’’; and 
(ii) by inserting ‘‘(such reinforced 
fencing consisting of double- and triple- 
layer fencing at appropriate locations along 
the Arizona-Mexico border)’’ after ‘‘prac-
tical and effective’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(d) REPORT.—The Secretary of Homeland Security 
shall report periodically to the Committee on Homeland 
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Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate on the progress of the Secretary to construct 
the 
reinforced 
fencing 
required 
under 
subsection 
(b)(1)(A).’’. 
(2) TECHNOLOGY
PLAN.—The Secretary of 
Homeland Security shall report periodically to the 
Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate on 
the implementation of a border security technology 
plan. 
(3) RAPID
DEPLOYMENT
UNITS.—The Sec-
retary of Homeland Security shall establish within 
the Border Patrol rapid deployment units to respond 
to information provided by unmanned aerial vehicles 
and radar systems concerning unlawful entries 
across the border. 
(4) INFORMATION SHARING.— 
(A) IN
GENERAL.—Federal, State, and 
local law enforcement agencies shall notify 
United States Immigration and Customs En-
forcement if such law enforcement agencies en-
counter drug operations on public lands involv-
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ing aliens unlawfully present in the United 
States. 
(B) RULE OF CONSTRUCTION.—Nothing in 
subparagraph (A) shall be construed as limiting 
in any way any other notification requirements. 
(c) PROHIBITION ON IMPEDING CERTAIN ACTIVITIES 
OF THE SECRETARY OF HOMELAND SECURITY RELATED 
TO BORDER SECURITY.—On public lands of the United 
States, neither the Secretary of the Interior nor the Sec-
retary of Agriculture may impede, prohibit, or restrict ac-
tivities of the Secretary of Homeland Security to achieve 
operational control (as defined in section 2(b) of the Se-
cure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 
109–367)). 
SEC. 102. IMPLEMENTATION OF AUTOMATED EXIT CON-
TROL SYSTEM. 
Not later than September 30, 2015, the Secretary of 
Homeland Security shall ensure that the automated entry 
and exit control system under section 110 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1221 note) has been completely imple-
mented, including the implementation of an automated 
exit control system. 
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SEC. 103. STRENGTHENING VISA SECURITY. 
(a) REVIEW OF CERTAIN VISA APPLICATIONS.—The 
Secretary of State shall consult with the Secretary of 
Homeland Security regarding review by the Secretary of 
Homeland Security of visa applications submitted— 
(1) at diplomatic or consular posts, or 
(2) by applicants, 
determined by the Secretary of State to be high-risk. 
(b) IN-PERSON INTERVIEWS.—If the Secretary of 
State determines pursuant to subsection (a) that a visa 
application is high-risk, the Secretary shall require an in- 
person interview with the applicant. 
(c) INFORMATION
SHARING.—The Secretary of 
Homeland Security, the Assistant Secretary of Homeland 
Security (Transportation Security Administration), the 
Secretary of State, and the heads of appropriate Federal, 
State, and local law enforcement entities shall share infor-
mation regarding the automatic selectee and no fly lists 
referred to in clauses (i) and (ii) of section 44903(j)(2)(C) 
of title 49, United States Code. 
TITLE II—CLEAR ACT OF 2011 
SEC. 201. SHORT TITLE; TABLE OF CONTENTS; STATE DE-
FINED; SEVERABILITY. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Clear Law Enforcement for Criminal Alien Removal Act 
of 2011’’ or the ‘‘CLEAR Act of 2011’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this title is as follows: 
TITLE II—CLEAR ACT OF 2011 
Sec. 201. Short title; table of contents; State defined; severability. 
Sec. 202. Federal affirmation of assistance in the immigration law enforcement 
by States and political subdivisions of States. 
Sec. 203. State authorization for assistance in the enforcement of immigration 
laws encouraged. 
Sec. 204. Listing of immigration violators in the National Crime Information 
Center database. 
Sec. 205. State and local law enforcement provision of information about appre-
hended aliens. 
Sec. 206. Financial assistance to State and local police agencies that assist in 
the enforcement of immigration laws. 
Sec. 207. Increased Federal detention space. 
Sec. 208. Federal custody of aliens unlawfully present in the United States ap-
prehended by State or local law enforcement. 
Sec. 209. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 210. Immunity. 
Sec. 211. Institutional removal program (IRP). 
Sec. 212. State criminal alien assistance program (SCAAP). 
Sec. 213. 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-
larly situated or to other circumstances, shall not be af-
fected by such invalidation. 
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SEC. 202. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 
IMMIGRATION 
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. 203. 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 
or cooperating with Federal immigration law enforcement 
in the course of carrying out the officers’ routine law en-
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