Title: CLEAR Act of 2017
Policy area: Immigration

Summary:
Clear Law Enforcement for Criminal Alien Removal Act of 2017 or the CLEAR Act of 2017
This bill reaffirms the existing inherent authority of states and localities to assist in the enforcement of immigration laws by detaining or transferring aliens to federal custody.
The Department of Homeland Security (DHS) shall provide the National Crime Information Center of the Department of Justice with information about aliens in violation of immigration laws. States and localities must provide DHS with specified information about such aliens.
DHS shall: (1) provide grants to states and localities to assist them in enforcing immigration laws, (2) construct or acquire increased space for detention facilities, (3) take illegal aliens into custody within 48 hours after receiving a request from a state or locality, (4) establish a training manual for state and local law enforcement on the enforcement of immigration laws, and (5) continue and expand the Institutional Removal Program for identifying removable criminal aliens in federal and state correctional facilities.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4295 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 4295

  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 appropriations to carry out the State 
       Criminal Alien Assistance Program, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 8, 2017

    Mrs. Blackburn (for herself, Mr. Duncan of South Carolina, Mr. 
 McClintock, Mr. Cole, Mr. Allen, Mr. Franks of Arizona, Mr. Smith of 
    Texas, Mr. Duncan of Tennessee, Mr. Brooks of Alabama, and Mr. 
  Grothman) introduced the following bill; which was referred 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 appropriations to carry out the State 
       Criminal Alien Assistance Program, 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; TABLE OF CONTENTS; STATE DEFINED; SEVERABILITY.

    (a) Short Title.--This Act may be cited as the ``Clear Law 
Enforcement for Criminal Alien Removal Act of 2017'' or the ``CLEAR Act 
of 2017''.
    (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 Center database.
Sec. 5. State and local law enforcement provision of information about 
                            apprehended 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 apprehended 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 circumstance, is held invalid, the 
remainder of this Act, and the application of such provision to other 
persons not similarly situated or to other circumstances, shall not be 
affected by such invalidation.

SEC. 2. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 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 of 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 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 ENCOURAGED.

    (a) In General.--Effective two years after the date of the 
enactment of this Act, a State, or a political subdivision of a State, 
that has in effect a statute, policy, or practice 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 
enforcement 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 political 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 NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (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 require, the Under Secretary for Border and 
Transportation Security of the Department of Homeland Security shall 
provide the National Crime Information Center of the Department 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 removed; or
            (3) sufficient identifying information is available 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:
            ``(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 available 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, who is believed to be in violation of the immigration laws of 
the United States.
    (b) Information Required.--The information referred 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 encounter 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 identification 
        document issued to the alien, any designation number contained 
        on the identification document, 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 readily 
        obtainable.
    (c) Annual Report on Reporting.--The Secretary shall maintain and 
annually submit to Congress a detailed report listing the States, or 
the political subdivisions of States, that have provided information 
under subsection (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 subdivision of a State, as a result of 
providing information under subsection (a).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as are necessary to carry out 
this section.
    (f) Construction.--Nothing in this section shall require law 
enforcement officials of a State, or of a political subdivision of a 
State, to provide the Secretary of Homeland Security with information 
related to a victim of a crime or witness to a criminal offense.

SEC. 6. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT 
              ASSIST IN THE ENFORCEMENT 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 Secretary 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, apprehending, arresting, detaining, 
or transporting aliens who have violated the immigration laws 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 written 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 suspect's immigration status.
    (c) Funding.--There are authorized to be appropriated to the 
Secretary for grants under this section such sums as may be necessary 
for fiscal year 2017 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. 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 existing facilities for 
        the detention of aliens, 20 detention facilities in the United 
        States, for aliens detained pending removal from the United 
        States or a decision regarding such removal. Each facility 
        shall have a number of beds necessary to effectuate the 
        purposes of this Act.
            (2) Determinations.--The location of any detention facility 
        built or acquired in accordance with this subsection shall be 
        determined by the Deputy Assistant Director of the Detention 
        Management Division 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 (8 U.S.C. 1231(g)(1)) is amended by 
striking ``may expend'' and inserting ``shall expend''.

SEC. 8. FEDERAL CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED 
              STATES APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT.

    (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 following:

      ``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 subdivision 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 conclusion 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 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 custody.
    ``(b) Policy on Detention in State and Local Detention 
Facilities.--In carrying out section 241(g)(1), the Attorney General or 
the 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. Notwithstanding 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 custody of a 
        United States marshal.
    ``(c) Reimbursement.--The Secretary of Homeland Security shall 
reimburse States, and political subdivisions of a State, for all 
reasonable expenses, as determined by the Secretary, incurred by the 
State, or political subdivision, 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 incarceration 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 detention, and to 
the custody transfer point if the place of detention and place of 
custody are different.
    ``(d) Secure Facilities.--The Secretary of Homeland Security shall 
ensure that aliens incarcerated in Federal 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 section, the 
        Secretary of Homeland Security shall establish a regular 
        circuit and schedule for the prompt transfer of apprehended 
        aliens from the custody of States, and political subdivisions 
        of a State, to Federal custody.
            ``(2) Contracts.--The Secretary may enter into contracts, 
        including appropriate private contracts, to implement this 
        subsection.
    ``(f) Definition.--For purposes of this section, the term `alien 
who is unlawfully present in the United States' means an alien who--
            ``(1) entered the United States without inspection or at 
        any time, manner or place other than that designated by the 
        Secretary of Homeland Security;
            ``(2) was admitted as a nonimmigrant and who, at the time 
        the alien was taken into custody by the State, or a political 
        subdivision of the State, had failed to--
                    ``(A) maintain the nonimmigrant status in which the 
                alien was admitted or to which it was changed under 
                section 248; or
                    ``(B) comply with the conditions of any such 
                status;
            ``(3) was admitted as an immigrant and has subsequently 
        failed to comply with the requirements of that status; or
            ``(4) failed to depart the United States under a voluntary 
        departure agreement or under a final order of removal.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 240C 
        the following new item:

``Sec. 240D. Custody of aliens unlawfully present in the United 
                            States.''.
    (b) 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 compensation to States, and to political 
subdivisions of a State, for the incarceration of aliens unlawfully 
present in the United States under section 240D(a) of the Immigration 
and Nationality Act (as added by subsection (a)(1)).

SEC. 9. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL RELATING 
              TO THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Establishment of Training Manual and Pocket Guide.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall establish--
            (1) a training manual for law enforcement personnel of a 
        State, or of a political subdivision of a State, to train such 
        personnel in the investigation, identification, apprehension, 
        arrest, detention, and transfer to Federal custody of aliens 
        unlawfully present in the United States (including the 
        transportation of such aliens across State lines to detention 
        centers and the identification of fraudulent documents); and
            (2) an immigration enforcement pocket guide for law 
        enforcement personnel of a State, or of a political subdivision 
        of a State, to provide a quick reference for such personnel in 
        the course of duty.
    (b) Availability.--The training manual and pocket guide established 
in accordance with subsection (a) shall be made available to all State 
and local law enforcement personnel.
    (c) Applicability.--Nothing in this section shall be construed to 
require State or local law enforcement personnel to carry the training 
manual or pocket guide with them while on duty.
    (d) Costs.--The Secretary of Homeland Security shall be responsible 
for any costs incurred in establishing the training manual and pocket 
guide.
    (e) Training Flexibility.--
            (1) In general.--The Secretary of Homeland Security shall 
        make training of State and local law enforcement officers 
        available through as many means as possible, including through 
        residential training at the Center for Domestic Preparedness, 
        onsite training held at State or local police agencies or 
        facilities, online training courses by computer, 
        teleconferencing, and videotape, or the digital video display 
        (DVD) of a training course or courses. E-learning through a 
        secure, encrypted distributed learning system that has all its 
        servers based in the United States, is scalable, survivable, 
        and can have a portal in place not later than 30 days after the 
        date of the enactment of this Act, shall be made available by 
        the Federal Law Enforcement Training Center Distributed 
        Learning Program for State and local law enforcement personnel.
            (2) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace the training of Federal personnel.
            (3) Clarification.--Nothing in this Act or any other 
        provision of law shall be construed as making any immigration-
        related training a requirement for, or prerequisite to, any 
        State or local law enforcement officer to assist in the 
        enforcement of Federal immigration laws in the normal course of 
        carrying out the normal law enforcement duties of such 
        officers.
In carrying out this section, priority funding shall be given for 
existing web-based immigration enforcement training systems.

SEC. 10. IMMUNITY.

    (a) Personal Immunity.--Notwithstanding any other provision of law, 
a law enforcement officer of a State or local law enforcement agency 
who is acting within the scope of the officer's official duties shall 
be immune, to the same extent as a Federal law enforcement officer, 
from personal liability arising out of the performance of any duty 
described in this Act.
    (b) Agency Immunity.--Notwithstanding any other provision of law, a 
State or local law enforcement agency 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 a law enforcement officer of such agency committed 
a violation of Federal, State, or local criminal law in the course of 
enforcing such immigration law.

SEC. 11. INSTITUTIONAL REMOVAL PROGRAM (IRP).

    (a) Continuation and Expansion.--
            (1) In general.--The Secretary of Homeland Security shall 
        continue to operate and implement the program known as the 
        Institutional Removal Program (IRP) which--
                    (A) identifies removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensures such aliens are not released into the 
                community; and
                    (C) removes such aliens from the United States 
                after the completion of their sentences.
            (2) Expansion.--The Institutional Removal Program shall be 
        extended to all States. Any State that receives Federal funds 
        for the incarceration of criminal aliens shall--
                    (A) cooperate with officials of the Institutional 
                Removal Program;
                    (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey such information to officials 
                of such Program as a condition of receiving such funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State, or of a 
political subdivision of a State, are authorized to--
            (1) hold a criminal alien for a period of up to 14 days 
        after the alien has completed the alien's State prison sentence 
        in order to effectuate the transfer of the alien to Federal 
        custody when the alien is removable or not lawfully present in 
        the United States; or
            (2) issue a detainer that would allow aliens who have 
        served a State prison sentence to be detained by the State 
        prison until personnel from United States Immigration and 
        Customs Enforcement can take the alien into custody.
    (c) Technology Usage.--Technology such as video conferencing shall 
be used to the maximum extent practicable in order to make the 
Institutional Removal Program available in remote locations. Mobile 
access to Federal databases of aliens, such as IDENT, and live scan 
technology shall be used to the maximum extent practicable in order to 
make these resources available to State and local law enforcement 
agencies in remote locations.

SEC. 12. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

    Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended to read as follows:
            ``(5) There are authorized to be appropriated to carry out 
        this subsection such sums as may be necessary for fiscal year 
        2017 and each subsequent fiscal year.''.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary for fiscal 
year 2017 and each subsequent fiscal year such sums as may be necessary 
to carry out this Act.
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