Empowering Law Enforcement Act of 2021
Bill: H.R.4796 | Sponsor: Rep. Carter, Earl L. "Buddy" (R-GA)
Policy area: Immigration

Summary:
Empowering Law Enforcement Act of 2021
This bill addresses issues relating to immigration enforcement.
The bill declares that state and local law enforcement have inherent authority to investigate and arrest individuals to assist federal immigration enforcement. (Currently, state and local law enforcement may take certain immigration enforcement actions upon entering into an agreement with U.S. Immigration and Customs Enforcement.)
The Department of Homeland Security (DHS) must reimburse state and local law enforcement for the costs of holding or transporting a detained alien.
DHS may detain an alien beyond the removal period (generally the window in which DHS must remove an alien after a final order of removal) upon making certain certifications, such as a certification that the alien's release would threaten community safety. DHS may renew this certification every six months after giving the alien an opportunity to request reconsideration of the certification. An alien challenging such detention may only do so by filing an application for a writ of habeas corpus.
Certain aliens subject to mandatory detention may be held without time limitation while removal proceedings are pending.
DHS must detain an alien who is present in the United States without lawful status if the alien has been convicted for driving while intoxicated.
DHS must establish a process to determine whether an alien not subject to mandatory detention and who has tried to comply with a removal order should be detained or released with conditions.
The Department of Justice must include information about immigration law violations in the National Crime Information Center database.

To provide for enhanced Federal enforcement of, and State and local 
 assistance in the enforcement of, the immigration laws of the United 
                    States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Law Enforcement Act of 
2021''.

SEC. 2. STATE DEFINED.

    In 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)).

SEC. 3. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES 
              AND POLITICAL SUBDIVISIONS OF STATES.

    Notwithstanding any other provision of law and reaffirming the 
existing inherent authority of States, law enforcement personnel of a 
State or a political subdivision of a State have the inherent authority 
of a sovereign entity 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 purpose of assisting in the enforcement of 
the immigration laws of the United States in the normal course of 
carrying out their law enforcement duties. This State authority has 
never been displaced or preempted by Federal law.

SEC. 4. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the National Crime Information 
Center.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall submit to the National Crime Information Center of the 
        Department of Justice (referred to in this section as the 
        ``NCIC'') any information in the possession of the Secretary 
        related to--
                    (A) any alien against whom a final order of removal 
                has been issued;
                    (B) any alien who is subject to a voluntary 
                departure agreement;
                    (C) any alien who has remained in the United States 
                beyond the alien's authorized period of stay; and
                    (D) any alien whose visa has been revoked.
            (2) Requirement to provide and use information.--The 
        information described in paragraph (1) shall be submitted to 
        the NCIC, and the NCIC shall enter such information into the 
        Immigration Violators File of the NCIC database, regardless of 
        whether--
                    (A) the alien received notice of a final order of 
                removal;
                    (B) the alien has already been removed; or
                    (C) sufficient identifying information is available 
                for the alien, such as a physical description of the 
                alien.
    (b) Inclusion of Information About Immigration Law Violations 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 paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether the alien has received notice of the 
        violation, sufficient identifying information is available for 
        the alien, or the alien has already been removed; and.''.
    (c) Permission To Depart Voluntarily.--Section 240B of the 
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in subsection (a)(2)(A), by striking ``120 days'' and 
        inserting ``30 days''.

SEC. 5. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL 
              LAW ENFORCEMENT.

    (a) 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 
following:

``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY.

    ``(a) Illegal Alien Defined.--In this section, the term `illegal 
alien' means an alien who--
            ``(1) entered the United States without inspection or at 
        any time or place other than that designated by the Secretary 
        of Homeland Security;
            ``(2) was admitted as a nonimmigrant and, at the time the 
        alien was taken into custody by the State or political 
        subdivision, had failed--
                    ``(A) to maintain the nonimmigrant status in which 
                the alien was admitted or to which it was changed under 
                section 248; or
                    ``(B) to comply with the conditions of the status 
                described in subparagraph (A);
            ``(3) was admitted as an immigrant and subsequently failed 
        to comply with the requirements of such status; or
            ``(4) failed to depart the United States as required under 
        a voluntary departure agreement or under a final order of 
        removal.
    ``(b) In General.--If the head of a law enforcement entity of a 
State (or, if appropriate, a political subdivision of the State), 
exercising authority with respect to the apprehension or arrest of an 
illegal alien, submits a request to the Secretary of Homeland Security 
that the alien be taken into Federal custody, the Secretary shall--
            ``(1)(A) not later than 72 hours after the conclusion of 
        the State charging process or dismissal process (or if no State 
        charging or dismissal process is required, not later than 72 
        hours after the alien is apprehended), take the alien into the 
        custody of the Federal Government and incarcerate the alien; or
            ``(B) request that the relevant State or local law 
        enforcement agency temporarily detain or transport the alien to 
        a location for transfer to Federal custody; and
            ``(2) designate at least 1 Federal, State, or local prison 
        or jail or a private contracted prison or detention facility 
        within each State as the central facility for law enforcement 
        entities of such State to transfer custody of criminal or 
        illegal aliens to the Department of Homeland Security.
    ``(c) Reimbursement.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        reimburse a State or a political subdivision of a State for all 
        reasonable expenses, as determined by the Secretary, incurred 
        by the State or political subdivision in the detention and 
        transportation of a criminal or illegal alien under subsection 
        (b)(1).
            ``(2) Cost computation.--The amount reimbursed for costs 
        incurred in the detention and transportation of a criminal or 
        illegal alien under subsection (b)(1) shall be equal to the sum 
        of--
                    ``(A) the product of--
                            ``(i) the average cost of incarceration of 
                        a prisoner in the relevant State, as determined 
                        by the chief executive officer of the State 
                        (or, as appropriate, a political subdivision of 
                        the State); and
                            ``(ii) the number of days that the alien 
                        was in the custody of the State or political 
                        subdivision; and
                    ``(B) the cost of transporting the criminal or 
                illegal alien from the point of apprehension or arrest 
                to--
                            ``(i) the location of detention; and
                            ``(ii) if the location of detention and of 
                        custody transfer are different, to the custody 
                        transfer point.
    ``(d) Requirement for Appropriate Security.--The Secretary of 
Homeland Security shall ensure that illegal aliens incarcerated in 
Federal facilities under this section are held in facilities that 
provide an appropriate level of security.
    ``(e) Schedule Requirement.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security shall establish a regular 
        circuit and schedule for the prompt transfer of apprehended 
        illegal aliens from the custody of States and political 
        subdivisions of States to Federal custody.
            ``(2) Authority for contracts.--The Secretary of Homeland 
        Security may enter into contracts with appropriate State and 
        local law enforcement and detention officials to implement this 
        section.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting 
after the item relating to section 240C the following:

``Sec. 240D. Transfer of illegal aliens from State to Federal 
                            custody.''.

SEC. 6. DETENTION OF DANGEROUS ALIENS.

    (a) In General.--Section 241(a) of the Immigration and Nationality 
Act (8 U.S.C. 1231(a)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears, except for the first reference in paragraph (4)(B)(i), 
        and inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1), by striking subparagraphs (B) and (C) 
        and inserting the following:
                    ``(B) Beginning of period.--The removal period 
                begins on the latest of--
                            ``(i) the date on which the order of 
                        removal becomes administratively final;
                            ``(ii) if the alien is not in the custody 
                        of the Secretary of Homeland Security on the 
                        date on which the order of removal becomes 
                        administratively final, the date on which the 
                        alien is taken into such custody; or
                            ``(iii) if the alien is detained or 
                        confined (except under an immigration process) 
                        on the date on which the order of removal 
                        becomes administratively final, the date on 
                        which the alien is taken into the custody of 
                        the Secretary of Homeland Security after the 
                        alien is released from such detention or 
                        confinement.
                    ``(C) Extension of period.--
                            ``(i) In general.--The removal period shall 
                        be extended beyond a period of 90 days and the 
                        Secretary of Homeland Security may, in the 
                        Secretary's sole discretion, keep the alien in 
                        detention during such extended period if--
                                    ``(I) the alien fails or refuses to 
                                make all reasonable efforts to comply 
                                with the removal order, or to fully 
                                cooperate with the Secretary's efforts 
                                to establish the alien's identity and 
                                carry out the removal order, 
                                including--
                                            ``(aa) making timely 
                                        application in good faith for 
                                        travel or other documents 
                                        necessary for the alien's 
                                        departure; or
                                            ``(bb) conspiring or acting 
                                        to prevent the removal of an 
                                        alien that is subject to an 
                                        order of removal;
                                    ``(II) a court, the Board of 
                                Immigration Appeals, or an immigration 
                                judge orders a stay of removal of an 
                                alien who is subject to an 
                                administratively final order of 
                                removal;
                                    ``(III) the Secretary lawfully 
                                transfers custody of the alien to 
                                another Federal agency or to a State or 
                                local government agency in connection 
                                with the official duties of such 
                                agency; or
                                    ``(IV) a court or the Board of 
                                Immigration Appeals orders a remand to 
                                the immigration judge or to the Board 
                                of Immigration Appeals while the case 
                                is pending a decision on remand (with 
                                the removal period beginning anew on 
                                the date on which the alien is ordered 
                                removed on remand).
                            ``(ii) Renewal.--If the removal period has 
                        been extended pursuant to clause (i), a new 
                        removal period shall begin on the date on 
                        which--
                                    ``(I) the alien makes all 
                                reasonable efforts to comply with the 
                                removal order or to fully cooperate 
                                with the Secretary of Homeland 
                                Security's efforts to establish the 
                                alien's identity and carry out the 
                                removal order;
                                    ``(II) the stay of removal is no 
                                longer in effect; or
                                    ``(III) the alien is returned to 
                                the custody of the Secretary.
                            ``(iii) Mandatory detention for certain 
                        aliens.--The Secretary shall keep an alien 
                        described in section 236(c)(1) in detention 
                        during the extended period described in clause 
                        (i).
                            ``(iv) Sole form of relief.--An alien may 
                        seek relief from detention under this 
                        subparagraph by filing an application for a 
                        writ of habeas corpus in accordance with 
                        chapter 153 of title 28, United States Code. No 
                        alien whose period of detention is extended 
                        under this subparagraph shall have the right to 
                        seek release on bond.'';
            (3) in paragraph (3)--
                    (A) by inserting ``or is not detained pursuant to 
                paragraph (6)'' after ``removal period''; and
                    (B) in subparagraph (D), by inserting ``in order to 
                prevent the alien from absconding, for the protection 
                of the community, or for other purposes related to the 
                enforcement of the immigration laws'' before the period 
                at the end;
            (4) in paragraph (4)(A), by striking ``paragraph (2)'' and 
        inserting ``in subparagraph (B)''; and
            (5) by amending paragraph (6) to read as follows:
            ``(6) Additional rules for detention or release of certain 
        aliens.--
                    ``(A) Detention review process for cooperative 
                aliens.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security shall establish an 
                        administrative review process to determine 
                        whether an alien who is not otherwise subject 
                        to mandatory detention, who has made all 
                        reasonable efforts to comply with a removal 
                        order and to cooperate fully with the 
                        Secretary's efforts to establish the alien's 
                        identity and to carry out the removal order, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        to the alien's departure, and who has not 
                        conspired or acted to prevent removal, should 
                        be detained or released on conditions.
                            ``(ii) Determination.--The Secretary of 
                        Homeland Security shall determine whether to 
                        release an alien after the removal period in 
                        accordance with subparagraph (B). Such 
                        determination shall include the consideration 
                        of any evidence submitted by the alien and may 
                        include the consideration of any other 
                        evidence, including any information or 
                        assistance provided by the Secretary of State 
                        or other Federal official and any other 
                        information available to the Secretary of 
                        Homeland Security pertaining to the ability to 
                        remove the alien.
                    ``(B) Authority to detain beyond removal period.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the sole discretion of 
                        the Secretary, may continue to detain an alien 
                        for 90 days beyond the removal period 
                        (including any extension of the removal period 
                        under paragraph (1)(C)). An alien whose 
                        detention is extended under this subparagraph 
                        is not entitled to seek release on bond.
                            ``(ii) Specific circumstances.--The 
                        Secretary of Homeland Security, in the sole 
                        discretion of the Secretary, may continue to 
                        detain an alien beyond the 90 days authorized 
                        under clause (i)--
                                    ``(I) until the alien is removed, 
                                if the Secretary, in the sole 
                                discretion of the Secretary, determines 
                                that there is a significant likelihood 
                                that the alien--
                                            ``(aa) will be removed in 
                                        the reasonably foreseeable 
                                        future; or
                                            ``(bb) would be removed in 
                                        the reasonably foreseeable 
                                        future, or would have been 
                                        removed, but for the alien's 
                                        failure or refusal to make all 
                                        reasonable efforts to comply 
                                        with the removal order, or to 
                                        cooperate fully with the 
                                        Secretary's efforts to 
                                        establish the alien's identity 
                                        and carry out the removal 
                                        order, including making timely 
                                        application in good faith for 
                                        travel or other documents 
                                        necessary to the alien's 
                                        departure, or conspires or acts 
                                        to prevent removal;
                                    ``(II) until the alien is removed, 
                                if the Secretary of Homeland Security 
                                certifies in writing--
                                            ``(aa) in consultation with 
                                        the Secretary of Health and 
                                        Human Services, that the alien 
                                        has a highly contagious disease 
                                        that poses a threat to public 
                                        safety;
                                            ``(bb) after receipt of a 
                                        written recommendation from the 
                                        Secretary of State, that 
                                        release of the alien is likely 
                                        to have serious adverse foreign 
                                        policy consequences for the 
                                        United States;
                                            ``(cc) based on information 
                                        available to the Secretary of 
                                        Homeland Security (including 
                                        classified, sensitive, or 
                                        national security information, 
                                        and without regard to the 
                                        grounds upon which the alien 
                                        was ordered removed), that 
                                        there is reason to believe that 
                                        the release of the alien would 
                                        threaten the national security 
                                        of the United States; or
                                            ``(dd) that the release of 
                                        the alien will threaten the 
                                        safety of the community or any 
                                        person, conditions of release 
                                        cannot reasonably be expected 
                                        to ensure the safety of the 
                                        community or any person, and 
                                        either--

                                                    ``(AA) the alien 
                                                has been convicted of 1 
                                                or more aggravated 
                                                felonies (as defined in 
                                                section 101(a)(43)(A)), 
                                                of 1 or more crimes 
                                                identified by the 
                                                Secretary of Homeland 
                                                Security by regulation, 
                                                or of 1 or more 
                                                attempts or 
                                                conspiracies to commit 
                                                any such aggravated 
                                                felonies or such 
                                                identified crimes, if 
                                                the aggregate term of 
                                                imprisonment for such 
                                                attempts or 
                                                conspiracies is at 
                                                least 5 years; or

                                                    ``(BB) the alien 
                                                has committed 1 or more 
                                                crimes of violence (as 
                                                defined in section 16 
                                                of title 18, United 
                                                States Code, excluding 
                                                purely political 
                                                offenses, and the 
                                                alien, because of a 
                                                mental condition or 
                                                personality disorder 
                                                and behavior associated 
                                                with such condition or 
                                                disorder, is likely to 
                                                engage in acts of 
                                                violence in the future; 
                                                or

                                    ``(III) pending a certification 
                                under subclause (II), if the Secretary 
                                of Homeland Security initiates the 
                                administrative review process not later 
                                than 30 days after the expiration of 
                                the removal period (including any 
                                extension of the removal period under 
                                paragraph (1)(C)).
                            ``(iii) No right to bond hearing.--An alien 
                        whose detention is extended under this 
                        subparagraph is not entitled to seek release on 
                        bond, including by reason of a certification 
                        under clause (ii)(II).
                    ``(C) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary of Homeland 
                        Security may renew a certification under 
                        subparagraph (B)(ii)(II) every 6 months, after 
                        providing an opportunity for the alien to 
                        request reconsideration of the certification 
                        and to submit documents or other evidence in 
                        support of that request. If the Secretary does 
                        not renew the certification, the Secretary may 
                        not continue to detain the alien under 
                        subparagraph (B)(ii)(II).
                            ``(ii) Delegation.--Notwithstanding section 
                        103, the Secretary of Homeland Security may not 
                        delegate the authority to make or renew a 
                        certification described in item (bb), (cc), or 
                        (dd) of subparagraph (B)(ii)(II) below the 
                        level of the Assistant Secretary for 
                        Immigration and Customs Enforcement.
                            ``(iii) Hearing.--The Secretary of Homeland 
                        Security may request that the Attorney General 
                        or the Attorney General's designee provide for 
                        a hearing to make the determination described 
                        in item (dd)(BB) of subparagraph (B)(ii)(II).
                    ``(D) Release on conditions.--If a Federal court or 
                the Board of Immigration Appeals determines that an 
                alien should be released from detention or if an 
                immigration judge orders a stay of removal, the 
                Secretary of Homeland Security, in discretion of the 
                Secretary, may impose conditions on release in 
                accordance with paragraph (3).
                    ``(E) Redetention.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the discretion of the 
                        Secretary, without any limitations other than 
                        those specified in this section, may redetain 
                        any alien subject to a final removal order who 
                        is released from custody if--
                                    ``(I) removal becomes likely in the 
                                reasonably foreseeable future;
                                    ``(II) the alien fails to comply 
                                with the conditions of release or to 
                                continue to satisfy the conditions 
                                described in subparagraph (A); or
                                    ``(III) upon reconsideration, the 
                                Secretary, in the sole discretion of 
                                the Secretary, determines that the 
                                alien can be detained under 
                                subparagraph (B).
                            ``(ii) Applicability.--This section shall 
                        apply to any alien returned to custody pursuant 
                        to this subparagraph as if the removal period 
                        terminated on the first day of such 
                        redetention.
                    ``(F) Review of determinations by secretary.--A 
                determination by the Secretary of Homeland Security 
                under this paragraph shall not be subject to review by 
                any other agency.''.
    (b) Detention of Aliens During Removal Proceedings.--Section 236 of 
the Immigration and Nationality Act (8 U.S.C. 1226) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears (except in the second place the term appears in 
        subsection (a)) and inserting ``Secretary of Homeland 
        Security'';
            (2) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``the Secretary of Homeland Security or'' 
                before ``the Attorney General--''; and
                    (B) in paragraph (2)(B), by striking ``conditional 
                parole;'' and inserting ``recognizance;'';
            (3) in subsection (b), by striking ``parole'' and inserting 
        ``recognizance'';
            (4) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) Custody.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall take into custody any alien described in 
                paragraph (2) or (3) of section 212(a) or paragraph (2) 
                or (4) of section 237(a), or who has no lawful status 
                in the United States and has been convicted for driving 
                while intoxicated (including a conviction for driving 
                while under the influence or impaired by alcohol or 
                drugs), any time after the alien is released, 
                regardless of whether the alien--
                            ``(i) is released related to any activity, 
                        offense, or conviction described in this 
                        paragraph;
                            ``(ii) is released on parole, supervised 
                        release, or probation; or
                            ``(iii) may be arrested or imprisoned again 
                        for the same offense.
                    ``(B) Subsequent custody.--If activity, offense, or 
                conviction described in subparagraph (A) does not 
                result in the alien being taken into custody, the 
                Secretary of Homeland Security shall take such alien 
                into custody--
                            ``(i) when the alien is brought to the 
                        attention of the Secretary; or
                            ``(ii) when the Secretary determines it is 
                        practical to take such alien into custody.'';
            (5) in subsection (e), by striking ``Attorney General's'' 
        and inserting ``Secretary of Homeland Security's''; and
            (6) by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, an alien may be detained under this section, and 
        an alien described in subsection (c) shall be detained, without 
        time limitation, except as provided in subsection (g), during 
        the pendency of removal proceedings.
            ``(2) Construction.--The length of detention under this 
        section shall not affect a detention authorized under section 
        241.
    ``(g) Release on Bond.--
            ``(1) In general.--An alien detained under subsection (a) 
        may seek release on bond. No bond may be granted unless the 
        alien establishes, by clear and convincing evidence, that the 
        alien is not a flight risk or a risk to another person or to 
        the community.
            ``(2) Certain aliens ineligible.--No alien detained under 
        subsection (c) may seek release on bond.''.
    (c) Effective Dates.--
            (1) Subsection (a).--The amendments made by subsection (a) 
        shall take effect upon the date of the enactment of this Act, 
        and section 241 of the Immigration and Nationality Act, as 
        amended, shall apply to--
                    (A) all aliens subject to a final administrative 
                removal, deportation, or exclusion order that was 
                issued before, on, or after the date of the enactment 
                of this Act; and
                    (B) acts and conditions occurring or existing 
                before, on, or after such date.
            (2) Subsection (b).--The amendments made by subsection (b) 
        shall take effect upon the date of the enactment of this Act, 
        and section 236 of the Immigration and Nationality Act, as 
        amended, shall apply to any alien in detention under provisions 
        of such section on or after such date.

SEC. 7. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW 
              ENFORCEMENT PERSONNEL.

    (a) Training Manual and Pocket Guide.--
            (1) Publication.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary of Homeland Security 
        shall publish--
                    (A) a training manual for State and local law 
                enforcement personnel to train such personnel in the 
                investigation, identification, apprehension, arrest, 
                detention, and transfer to Federal custody of aliens in 
                the United States, including--
                            (i) the transportation of such aliens 
                        across State lines to detention centers; and
                            (ii) the identification of fraudulent 
                        documents; and
                    (B) an immigration enforcement pocket guide for 
                State and local law enforcement personnel to provide a 
                quick reference for such personnel in the course of 
                duty.
            (2) Availability.--The training manual and pocket guide 
        published under paragraph (1) shall be made available to all 
        State and local law enforcement personnel.
            (3) Applicability.--Nothing in this subsection may be 
        construed to require State or local law enforcement personnel 
        to keep the training manual or pocket guide with them while on 
        duty.
            (4) Costs.--The Secretary shall be responsible for all 
        costs incurred in the publication of the training manual and 
        pocket guide under this subsection.
    (b) Training Flexibility.--
            (1) In general.--The Secretary of Homeland Security shall 
        make training available to State and local law enforcement 
        officers through as many means as possible, including--
                    (A) residential training at--
                            (i) the Federal Law Enforcement Training 
                        Center (FLETC) of the Department of Homeland 
                        Security in Glynco, Georgia; and
                            (ii) the Center for Domestic Preparedness 
                        of the Federal Emergency Management Agency in 
                        Anniston, Alabama;
                    (B) onsite training held at State or local police 
                agencies or facilities;
                    (C) online training courses by computer, 
                teleconferencing, and videotape; and
                    (D) recording training courses on DVD.
            (2) Online training.--The head of the FLETC Learning Center 
        shall make training available for State and local law 
        enforcement personnel through the Internet using a secure, 
        encrypted distributed learning system that--
                    (A) has all its servers based in the United States;
                    (B) is sealable and survivable; and
                    (C) is capable of having a portal in place not 
                later than 30 days after the date of the enactment of 
                this Act.
            (3) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section may not 
        displace the training of Federal personnel.
    (c) Rule of Construction.--Nothing in this Act or in any other 
provision of law may be construed as making any immigration-related 
training a requirement for, or a prerequisite to, any State or local 
law enforcement officer exercising the inherent authority of the 
officer to investigate, identify, apprehend, arrest, detain, or 
transfer to Federal custody illegal aliens during the normal course of 
carrying out the law enforcement duties of the officer.
    (d) Training Limitation.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (2), by adding at the end the following: 
        ``Training described in this paragraph may not exceed 14 days 
        or 80 hours, whichever is longer.''.

SEC. 8. IMMUNITY.

    (a) Personal Immunity.--
            (1) In general.--Notwithstanding any other provision of 
        law, a law enforcement officer of a State or of a political 
        subdivision of a State shall be immune from personal liability 
        arising out of the enforcement of any immigration law to the 
        same extent as a Federal law enforcement officer is immune.
            (2) Applicability.--The immunity provided under paragraph 
        (1) only applies to an officer of a State, or of a political 
        subdivision of a State, who is acting within the scope of such 
        officer's official duties.
    (b) Agency Immunity.--Notwithstanding any other provision of law, a 
law enforcement agency of a State, or of a political subdivision of a 
State, 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 that 
the law enforcement officer of that agency, whose action the claim 
involves, committed a violation of Federal, State, or local criminal 
law in the course of enforcing such immigration law.
                                 <all>