(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. Civil and criminal penalties for aliens unlawfully present in the United 
States. 
Sec. 5. Listing of immigration violators in the National Crime Information Cen-
ter database. 
Sec. 6. State and local law enforcement provision of information about appre-
hended aliens. 
Sec. 7. Financial assistance to State and local police agencies that assist in the 
enforcement of immigration laws. 
Sec. 8. Increased Federal detention space. 
Sec. 9. Federal custody of aliens unlawfully present in the United States appre-
hended by State or local law enforcement. 
Sec. 10. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 11. Immunity. 
Sec. 12. Institutional removal program (IRP). 
Sec. 13. State criminal alien assistance program (SCAAP). 
(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. 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 
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 
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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. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UN-
LAWFULLY PRESENT IN THE UNITED STATES. 
(a) ALIENS UNLAWFULLY PRESENT IN THE UNITED 
STATES.— 
(1) IN GENERAL.—Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended by inserting after section 275 the fol-
lowing: 
‘‘CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN 
THE UNITED STATES 
‘‘SEC. 275A. (a) IN GENERAL.—In addition to any 
other penalty, an alien who is present in the United States 
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in violation of this Act shall be fined under title 18, United 
States Code, imprisoned not less than one year, or both. 
‘‘(b) DEFENSE.—It shall be an affirmative defense 
to a violation of subsection (a) that the alien overstayed 
the time allotted under a visa due to an exceptional and 
extremely unusual hardship or physical illness that pre-
vented the alien from leaving the United States by the 
required date.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the 
item relating to section 275 the following new item: 
‘‘Sec. 275A. Criminal penalties for unlawful presence in the United States.’’. 
(b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL 
ENTRY.—Section 275(a) of such Act (8 U.S.C. 1325(a)) 
is amended by striking ‘‘6 months,’’ and inserting ‘‘one 
year,’’. 
(c) INCREASE IN CIVIL PENALTIES FOR VARIOUS 
VIOLATIONS OF THE IMMIGRATION LAWS OF THE UNITED 
STATES.—Section 275(b) of such Act (8 U.S.C. 1325(b)) 
is amended to read as follows: 
‘‘(b)(1) Subject to paragraph (2), any alien described 
in paragraph (3) shall be subject to a civil penalty of— 
‘‘(A) $500 for the first violation; 
‘‘(B) $1,000 in the case of an alien who has 
once previously been subject to a civil penalty under 
this subsection, in addition to forfeiture of all civil 
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assets and permanent disbarment from entry into 
the United States; 
‘‘(C) $5,000 in the case of an alien who has 
twice previously been subject to a civil penalty under 
this subsection, in addition to forfeiture of all civil 
assets and permanent disbarment from entry into 
the United States. 
‘‘(2) In the case of an alien described in paragraph 
(3)(D), the alien shall be subject to civil penalties under 
this subsection that are five times the amounts set forth 
under paragraph (1). 
‘‘(3) An alien described in this paragraph is an alien 
who— 
‘‘(A) is apprehended while entering (or attempt-
ing to enter) the United States at a time or place 
other than as designated by immigration officers; 
‘‘(B) enters the United States without inspec-
tion; 
‘‘(C) fails to depart the United States within 30 
days after the expiration date of a nonimmigrant 
visa or a voluntary departure agreement and is not 
in other lawful status; or 
‘‘(D) fails to depart the United States within 
30 days after the date of a final order of removal 
and is not in other lawful status. 
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‘‘(4) Civil penalties under this subsection are in addi-
tion to, and not in lieu of, any criminal or other civil pen-
alties that may be imposed.’’. 
(d) PERMISSION TO DEPART VOLUNTARILY.—Sec-
tion 240B of such Act (8 U.S.C. 1229c) is amended— 
(1) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’ each place it 
appears; and 
(2) in subsection (a)(2)(A), by striking ‘‘120 
days’’ and inserting ‘‘30 days’’. 
SEC. 5. 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-
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 
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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.—Section 534(a) of title 28, United States 
Code, is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(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 
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such alien has already been removed from the 
United States; and’’. 
SEC. 6. 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, is 
encouraged to provide the Secretary of Homeland Security 
in a timely manner with the information specified in sub-
section (b) with respect to each alien apprehended in the 
jurisdiction of the State, or in the political subdivision of 
the State, who is believed to be in violation of the immigra-
tion 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. 
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(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. 
(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). 
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(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. 7. 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-
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 have in effect 
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the policy and 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. 
(c) FUNDING.—There is authorized to be appro-
priated to the Secretary for grants under this section 
$1,000,000,000 for fiscal year 2008 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 
funds distributed to States, and to political subdivisions 
of a State, under subsection (a). 
SEC. 8. 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, with at least 500 
beds per facility, for aliens detained pending removal 
from the United States or a decision regarding such 
removal. 
(2) DETERMINATIONS.—The location of any de-
tention facility built or acquired in accordance with 
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