II 118th CONGRESS 2d Session S. 3881 IN THE SENATE OF THE UNITED STATES March 6, 2024 Mrs. Blackburn introduced the following bill; which was read twice and 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.

1. Short titles; table of contents; State defined; severability (a) Short titles This Act may be cited as the Clear Law Enforcement for criminal Alien Removal Act of 2024 or the CLEAR Act of 2024 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short titles; table of contents; State defined; severability. Sec. 2. Definitions. Sec. 3. Federal affirmation of assistance in the immigration law enforcement by States and political subdivisions of States. Sec. 4. State authorization for assistance in the enforcement of immigration laws encouraged. Sec. 5. Listing of immigration violators in the National Crime Information Center database. Sec. 6. State and local law enforcement provision of information about apprehended aliens. Sec. 7. Financial assistance to State and local law enforcement 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 apprehended 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. Sec. 13. Authorization of appropriations. Sec. 14. Severability. 2. Definitions In this Act: (1) Secretary The term Secretary means the Secretary of Homeland Security. (2) State 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) ). 3. 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. 4. State authorization for assistance in the enforcement of immigration laws encouraged (a) In general Beginning on the date that is 1 year 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 may 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) Rule of construction Nothing in this section may be construed to 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 such State, or of the political subdivision of such State, to comply with subsection (a) shall be reallocated to States, or to political subdivisions of States, that comply with such subsection. 5. 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 and periodically thereafter as updates may require, the Commissioner for U.S. Customs and Border Protection shall provide the National Crime Information Center of the Department of Justice with such information as the Commissioner may possess regarding any aliens— (A) against whom a final order of removal has been issued; (B) who have signed a voluntary departure agreement; (C) who have overstayed their authorized period of stay; or (D) whose visas have been revoked. (2) Immigration violators file The National Crime Information Center shall enter all of the information received pursuant to paragraph (1) into the Immigration Violators File regardless of whether— (A) the alien concerned received notice of a final order of removal; (B) the alien concerned has already been removed; or (C) sufficient identifying information is available with respect to the alien concerned. (b) Inclusion of information in the NCIC index (1) In general Section 534(a) of title 28, United States Code, is amended— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (B) by inserting after paragraph (3) the following: (4) acquire, collect, classify, and preserve records of violations by aliens of the immigration laws of the United States, regardless of whether— (A) any such alien has received notice of any such violation; (B) sufficient identifying information is available with respect to any such alien; and (C) any such alien has already been removed from the United States; . (2) Effective date The Attorney General shall implement the amendment made by paragraph (1) not later than 6 months after the date of the enactment of this Act. 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(a) ) 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 submit to the Secretary, in a timely manner, the information specified in subsection (b) with respect to each alien apprehended in the jurisdiction of the State, or of a 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 specified in this subsection is— (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— (A) the alien’s driver’s license number and the State of issuance of such license; (B) the type of any other identification document issued to the alien, the designation number contained on the identification document, and the issuing entity for the identification document; and (C) the license plate number, make, and model of any automobile registered to, or driven by, the alien; and (6) if available or readily obtainable— (A) a photo of the alien; and (B) the alien’s fingerprints. (c) Annual report The Secretary shall annually submit to Congress a detailed report listing the States, and the political subdivisions of States, that provided information pursuant to subsection (a) with respect to the preceding year. (d) Reimbursement The Secretary shall reimburse States, and political subdivisions of a State, for all reasonable costs, as determined by the Secretary, incurred by each State, and each political subdivision of a State, as a result of submitting the information required to be submitted pursuant to subsection (a). (e) Rule of construction Nothing in this section may be construed to require law enforcement officials of a State, or of a political subdivision of a State, to submit to the Secretary information related to a victim of a crime or witness to a criminal offense. 7. Financial assistance to State and local law enforcement agencies that assist in the enforcement of immigration laws (a) Grants for special equipment for housing and processing certain aliens The Secretary shall award grants to States and political subdivisions of States for the 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 to comply with the requirements under this Act. (b) Eligibility A State or political subdivision of a State desiring a grant under this section shall have the authority to assist, and shall have a written policy and practice of assisting, 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. 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) GAO audit Not later than 3 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 political subdivisions of a State pursuant to subsection (a). 8. Increased Federal detention space (a) Construction or acquisition of detention facilities (1) In general The Secretary 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 sufficient number of beds necessary to effectuate the purposes of this Act. (2) Determinations The location of any detention facility built or acquired pursuant to this subsection shall be determined by the Assistant Director of the Custody Management Division of the Enforcement and Removal Directorate. (b) 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 . 9. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement (a) State apprehension (1) In general Chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. ) is amended by inserting after section 240C the following: 240D. Custody of aliens unlawfully present in the United States (a) Defined term In 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 not 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, failed— (A) to maintain the nonimmigrant status in which the alien was admitted or to which it was changed pursuant to section 248; or (B) to comply with the conditions of any such status; (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 under a voluntary departure agreement or under a final order of removal. (b) 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 such 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. (c) 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 pursuant to this Act is detained, pending the alien being taken for an 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 a facility is adequate for detention if— (1) the 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) the facility satisfies the standards for the housing, care, and security of persons held in custody of a United States marshal. (d) Reimbursement (1) In general 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. (2) Calculation Compensation provided pursuant to paragraph (1) shall be equal to the sum of— (A) the average cost of incarceration of a prisoner in the relevant State for the period the alien was incarcerated, as determined by the chief executive officer of a State, or of a political subdivision of a State; and (B) 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 the place of custody are different. (e) Secure facilities The Secretary of Homeland Security shall ensure that aliens incarcerated in Federal facilities pursuant to this section are held in facilities that provide an appropriate level of security. (f) 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 of Homeland Security may enter into contracts, including appropriate private contracts, to implement this subsection. . (2) Clerical amendment The table of contents of 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. Custody of aliens unlawfully present in the United States. . (b) GAO audit Not later than 3 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 political subdivisions of a State for the incarceration of aliens unlawfully present in the United States under section 240D of the Immigration and Nationality Act, as added by subsection (a)(1). 10. 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 shall develop— (1) a manual to train law enforcement personnel of a State, or of a political subdivision of a State, on 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 carrying out their duties. (b) Availability The training manual and pocket guide developed pursuant to subsection (a) shall be made available to all State and local law enforcement personnel. (c) Costs The Secretary shall be responsible for any costs incurred in developing the training manual and pocket guide pursuant to subsection (a). (d) Rule of construction Nothing in this section may be construed to require State or local law enforcement personnel to carry the training manual or pocket guide with them while on duty. (e) Training flexibility (1) In general The Secretary shall make training of State and local law enforcement officers available through as many means as possible, including through— (A) residential training at the Center for Domestic Preparedness of the Federal Emergency Management Agency; (B) onsite training held at State or local police agencies or facilities; (C) online training courses by computer, teleconferencing, and videotape; or (D) training courses made available on DVD. (2) E-learning Not later than 120 days after the date of the enactment of this Act, the Secretary shall ensure that— (A) an e-learning portal is made available through the Federal Law Enforcement Training Center's Distributed Learning Program to train State and local law enforcement officers through a secure, encrypted distributed learning system; and (B) the system described in subparagraph (A) is scalable and survivable and has all its servers based in the United States. (3) Priority In carrying out this section, priority funding shall be given for existing web-based immigration enforcement training systems. (4) Federal personnel training The training of State and local law enforcement personnel under this section shall not displace the training of Federal personnel. (5) Savings provision Nothing in this Act or in any other provision of law may be construed as making any immigration-related training a requirement for, or prerequisite to, any State or local law enforcement officer assisting in the enforcement of Federal immigration laws in the normal course of carrying out the law enforcement duties of such officers. 11. 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 Federal 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. 12. Institutional Removal Program (a) Continuation and expansion (1) In general The Secretary shall continue to operate and implement the program known as the Institutional Removal Program, 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 respective 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 all criminal aliens in its prison and jail populations; and (C) promptly convey such information to officials of the Institutional Removal Program as a condition of receiving such Federal 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, may— (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 U.S. Immigration and Customs Enforcement can take such alien into custody. (c) Technology usage Technology, such as video conferencing, shall be used to the maximum extent practicable 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, to make such resources available to State and local law enforcement agencies in remote locations. 13. Authorization of appropriations (a) In general There are authorized to be appropriated to the Department of Homeland Security, for fiscal year 2025 and for each subsequent fiscal year, such sums as may be necessary to carry out this Act. (b) State Criminal Alien Assistance Program Section 241(i)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1231(i)(5) ) is amended to read as follows: (5) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as may be necessary for fiscal year 2025 and for each subsequent fiscal year. . 14. Severability If any provision of this Act or of any amendment made by this Act, or the application of such provision or amendment to any person or circumstance, is held to be invalid, the remainder of the provisions of this Act and of the amendments made by this Act, and the application of any such provision or amendment to other persons not similarly situated or to other circumstances, shall not be affected.