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108th CONGRESS
1st Session*
H. R. 2671
To provide for enhanced Federal, State, and local enforcement of the
immigration laws of the United States.
IN THE HOUSE OF REPRESENTATIVES
July 9, 2003
Mr. NORWOOD (for himself, Mr. BOYD, Ms. HART, and Mr. DEAL of Georgia)
introduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To provide for enhanced Federal, State, and local enforcement of the
immigration laws of the United States.
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 "Clear Law Enforcement for Criminal Alien
Removal Act of 2003" or the "CLEAR Act of 2003".
TITLE I--ENHANCING FEDERAL, STATE, AND LOCAL ENFORCEMENT OF THE IMMIGRATION
LAWS
SEC. 101. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES AND
POLITICAL SUBDIVISIONS OF STATES.
Notwithstanding any other provision of law and reaffirming the existing
general authority, law enforcement personnel of a State or a political
subdivision of a State are fully authorized to investigate, apprehend, detain,
or remove aliens in the United States (including the transportation of such
aliens across State lines to detention centers), in the enforcement of the
immigration laws of the United States.
SEC. 102. STATE AUTHORIZATION FOR ENFORCEMENT OF FEDERAL IMMIGRATION LAWS
ENCOURAGED.
(a) IN GENERAL- Effective 2 years after the date of the enactment of this
Act, a State (or political subdivision of a State) that fails to have in
effect a statute that expressly authorizes law enforcement officers of the
State, or of a political subdivision within the State, to enforce Federal
immigration laws in the course of carrying out the officer's 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) REALLOCATION OF FUNDS- Any funds that are not allocated due to failure
to comply with this section shall be reallocated to States that comply with
this section.
SEC. 103. ESTABLISHMENT OF CRIMINAL PENALTIES AND FORFEITURE FOR ALIENS
UNLAWFULLY PRESENT IN THE UNITED STATES, ENHANCEMENT OF CRIMINAL AND CIVIL
PENALTIES FOR ALIENS WHO ILLEGALLY ENTER THE UNITED STATES, AND STATE AND LOCAL
ENTITLEMENT TO CIVIL PENALTIES COLLECTED DUE TO STATE AND LOCAL IMMIGRATION LAW
ENFORCEMENT AND APPREHENSION OF VIOLATORS.
(a) ALIENS UNLAWFULLY PRESENT- The Immigration and Nationality Act is
amended by adding after section 275 the following new section:
CRIMINAL PENALTIES AND FORFEITURE FOR UNLAWFUL PRESENCE IN THE UNITED STATES
SEC. 275A. Any alien present in the United States in violation of this Act
shall be fined under title 18, United States Code, imprisoned not more than
one year, or both. The assets of any alien present in the United States in
violation of this Act shall be subject to forfeiture under title 18, United
States Code.
(b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL ENTRY- Section 275(a) of the
Immigration and Nationality Act (8 U.S.C. 1325(a)) is amended by striking "6
months," and inserting "one year"
(c) INCREASE IN CIVIL PENALTIES FOR VARIOUS VIOLATIONS OF THE IMMIGRATION
LAWS OF THE UNITED STATES- Section 275(b) of the Immigration and Nationality
Act (8 U.S.C. 1325(b)) is amended to read as follows:
(b)(1) Any alien described in paragraph (2) shall be subject to a civil
penalty of--
(B) $2,500 in the case of an alien who has been once previously subject
to a civil penalty under this subsection;
(C) $5,000 in the case of an alien who has been twice previously subject
to a civil penalty under this subsection; and
(D) $10,000 in the case of an alien who has been three or more times
previously subject to a civil penalty under this subsection.
(2)(A) An alien described--
(i) is apprehended while entering (or attempting to enter) the United
States at a time or place other than as designated by immigration officers;
(iii) fails to depart the United States within 30 days after the
expiration of a nonimmigrant visa or a voluntary departure agreement and is
not in other lawful status; or
(iv) fails to depart the United States within 30 days after a final order
of removal and is not in other lawful status.
(B) In the case of an alien described in subparagraph (A)(iv) who fails
to depart the United States within 30 days after a final order of removal,
the alien shall be subject to civil penalties under this subsection that are
5 times the amounts set forth under paragraph (1).
(3) Civil penalties under this subsection are in addition to, and not in
lieu of any criminal or other civil penalties that may be imposed.
(d) INCREASE IN CIVIL PENALTIES FOR FAILURE TO DEPART- Section 274D(a) of
the Immigration and Nationality Act (8 U.S.C. 1324d(a)) is amended by striking
"not more than".
(e) FORFEITURE FOR FAILURE TO DEPART FOR MORE THAN ONE YEAR- Section 274D
of the Immigration and Nationality Act (8 U.S.C. 1324d) is amended--
(b) FORFEITURE FOR LONG-TERM FAILURE TO DEPART- The assets of any alien in
violation of subsection (a) for more than one year shall be subject to
forfeiture under title 18, United States Code.
(f) PAYMENT OF CIVIL PENALTIES WHEN ILLEGAL ALIENS APPREHENDED BY STATE AND
LOCAL LAW ENFORCEMENT- Section 280 of the Immigration and Nationality Act (8
U.S.C. 1330) is amended by adding at the end the following:
(c) Notwithstanding any other provision of law, half of the amounts
deposited in the Immigration Enforcement Account from the payment of any civil
penalties or asset forfeiture collected under section 274D, 275, or 276 as a
result of the
apprehension of a violator by law enforcement officials of a
State or a political subdivision of a State shall be paid to the appropriate
law enforcement agency of a State or a political subdivision of a State
responsible for the apprehension of the violator.
(g) PERMISSION TO DEPART VOLUNTARILY- Section 240B(a)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1229c(a)(2)(A)) is amended by
striking "120" and inserting "30".
SEC. 104. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION
CENTER DATABASE.
(a) PROVISION OF INFORMATION TO THE NCIC- Within 180 days after the date of
the enactment of this section, the Director of 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 Commissioner may have on any person who has violated any immigration law
of the United States.
(b) INCLUSION OF INFORMATION IN THE NCIC DATABASE- Section 534(a) of title
28, United States Code, is amended by redesignating paragraph (4) as paragraph
(5) and inserting after paragraph (3) the following:
(4) acquire, collect, classify, and preserve records of violations of the
immigration laws of the United States; and
SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION ABOUT
APPREHENDED ILLEGAL ALIENS.
(a) IN GENERAL- Every state or locality must have a policy that requires
the State or entity (as applicable) to provide to the Department of Justice
and the Department of Homeland Security the information under subsection (b)
on each alien in violation of the immigration laws of the United States
apprehended in the jurisdiction. Information required by this subsection
shall be provided not later than 10 days after the alien was encountered
within such jurisdiction and shall be provided in such form and in such
manner as the Attorney General may by regulation or guideline require.
Failure to have such a policy and practice by any State or locality shall
result in ineligibility for funds under section 241(i) of the Immigration
and Nationality Act until such a policy is implemented.
(b) INFORMATION REQUIRED- The information required by subsection (a) is as
follows:
(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.
(9) The alien's fingerprints, if available or readily obtainable.
(c) INCOMPLETE REPORTING- If the Attorney General finds that a State or a
political subdivision of a State engages in a pattern or practice of
submission of incomplete information under subsection (b) or noncompliance
under subsection (a), the Attorney General shall notify the State or political
subdivision of a State of such finding (and detail the instances and areas of
deficiency). Not later than 30 days after a notification under this paragraph,
the State or political subdivision of a State shall submit to the Attorney
General a detailed written response to the notification (which addresses each
instance and area of deficiency under the notification) and a detailed plan
for correcting any deficiencies in the submission of such information.
SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT ENFORCE
IMMIGRATION LAWS.
(a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING AND PROCESSING ILLEGAL ALIENS-
From amounts made available to make grants under this section, the Attorney
General shall make grants to local law enforcement agencies for procurement of
equipment, technology, facilities, and other products that facilitate and are
directly related to housing and processing illegal aliens in custody for
immigration law violations, including additional administrative costs incurred
under this Act.
(b) ELIGIBILITY- To be eligible to receive a grant under this section, the
local law enforcement agency must have the authority to, and have in effect
the policy and practice to, enforce Federal immigration laws in the course of
carrying out such agency's law enforcement duties.
(c) FUNDING- There is authorized to be appropriated for grants under this
section $1,000,000,000 for each fiscal year.
SEC. 107. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL LAW
ENFORCEMENT.
(a) AMENDMENT TO IMMIGRATION AND NATIONALITY ACT- The Immigration and
Nationality Act is amended by adding after section 240C the following new
section:
CUSTODY OF ILLEGAL ALIENS
SEC. 240D.
(a) If the chief executive officer of a State (or, if appropriate, a
political subdivision of the State) exercising authority with respect to the
apprehension of an illegal alien submits a request to the Attorney General or
the Secretary of the Department of Homeland Security, the Attorney General or
Secretary shall--
(1) enter into a contractual arrangement which provides for compensation
to the State or a political subdivision of the State, as may be appropriate,
with respect to the incarceration of the illegal alien;
(3) designate a Federal, State, or local prison or jail or a private
contracted prison or detention facility within a region as the central
facility for that region to maintain custody of the criminal or illegal
aliens.
(b) Compensation under subsection (a)(1) 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, as appropriate, a political subdivision of
the State).
(c) For purposes of 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 as designated by the Attorney General or the Secretary of the
Department of Homeland Security;
(2) was admitted as a nonimmigrant and at the time he or she was taken
into custody by the State or a political subdivision of the State has failed
to maintain the nonimmigrant status in which the alien was admitted or to
which it was changed under section 248, or to comply with the conditions of
any such status; or
(3) failed to depart the United States under a voluntary departure
agreement or under a final order of removal.
(d) The Attorney General or the Secretary of the Department of Homeland
Security shall ensure that undocumented aliens incarcerated in Federal
facilities pursuant to this subsection are held in facilities which provide an
appropriate level of security.
(e) In carrying out this section, the Attorney General or the Secretary of
the Department of Homeland Security will establish a regular circuit and
schedule for the prompt collection of apprehended undocumented aliens from the
custody of States and political subdivisions of States to Federal custody. The
Attorney General or the Secretary of the Department of Homeland Security is
authorized to enter into contracts to implement this subsection.
(f) Notwithstanding any other provision of this Act or any other law,
one-third of immigrant and nonimmigrant visa fees and adjustment of status
fees, as designated by the Attorney General or the Secretary of the Department
of Homeland Security in regulations, shall be deposited as offsetting receipts
into a separate account entitled "State and Local Immigration Law Enforcement
Fee Account" in the Treasury of the United States. The Attorney General or the
Secretary of the Department of Homeland Security shall set all such fees at a
level that will ensure receipt of amounts sufficient to pay the full costs of
carrying out the provisions of this section, the full costs of processing
visas, and a significant portion of the costs of Federal enforcement of immigration violations. Amounts deposited into the
fee account shall be available, without further appropriation, to the Attorney
General or the Secretary of the Department of Homeland Security to carry out the
provisions of this section. All deposits into the fee account shall remain
available until expended.
(b) GAO AUDIT- Not later than 3 years after the date of the enactment of
this Act, the General Accounting Office shall conduct an audit of compensation
to States and political subdivisions of States for the incarceration of
illegal aliens under section 240D(a) of the Immigration and Nationality Act
(as amended by subsection (a)).
SEC. 108. ESTABLISHMENT OF PROCESS FOR CLAIMS BY STATES AND LOCALITIES
AGAINST THE FEDERAL GOVERNMENT FOR FAILURE TO FACILITATE THE COOPERATION OF
STATES AND LOCALITIES IN THE ENFORCEMENT OF THE IMMIGRATION LAWS OF THE UNITED
STATES.
(a) CLAIMS BY STATES AND LOCALITIES AGAINST THE FEDERAL GOVERNMENT FOR
FAILURE TO COOPERATE IN THE ENFORCEMENT OF THE IMMIGRATION LAWS-
(1) IN GENERAL- A State or a political subdivision of a State adversely
affected may file a claim against any Federal agency for failure to
cooperate with a State or a political subdivision of a State to enforce or
comply in a reasonable manner with certain enforcement provisions of the
immigration laws of the United States relating to the identification,
apprehension, arrest, detention, and removal of aliens who are in violation
of the immigration laws.
(2) ADJUDICATION OF CLAIMS- Claims under this section shall be filed only
with the administrative law judge established under subsection (b). Claims
under this section shall be adjudicated only by such judge. The validity and
appropriateness of the decision of the judge may be appealed only to the
Attorney General or the Secretary of the Department of Homeland Security and
shall not be subject to judicial review.
(3) ADMINISTRATIVE PROCEDURE ACT- Except as otherwise provided, the
Administrative Procedure Act shall apply to the adjudication of claims under
this section.
(B) In addition to fines under subparagraph (A), if in a decision on
any claim the judge determines that a Federal agency has entered into a
pattern or practice of nonenforcement of, or noncompliance with a State or
local law enforcement agency's enforcement of, the immigration laws, that
Federal Agency shall be fined $10,000.
(A) Notwithstanding any other provision of law, only amounts deposited
into the Immigration Examination Fee Account (under section 286(m) of the
Immigration and Nationality Act) shall be available to the Attorney
General or the Secretary of the Department of Homeland Security for the
payment of fines levied against a Federal agency under this section.
(C) The Attorney General or the Secretary of the Department of Homeland
Security is authorized to increase the amount of any of the adjudication
fees designated by the Attorney General or the Secretary of the Department
of Homeland Security under section 286(m) of the Immigration and
Nationality Act in order to ensure that funds sufficient for the payment
of fines pursuant to this section are available. Notwithstanding any other
provision of law, amounts in the Immigration Examination Fee Account shall
be available without further appropriation or fiscal year limitation.
(b) ESTABLISHMENT OF ADMINISTRATIVE LAW JUDGE FOR FEDERAL, STATE, AND LOCAL
IMMIGRATION LAW ENFORCEMENT COOPERATION- There is established within the
Department of Justice the position of Administrative Law Judge for Federal,
State, and Local Immigration Law Enforcement Cooperation (hereafter in this
section referred to as the "judge").
SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL RELATING TO
THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) ESTABLISHMENT OF TRAINING MANUAL- Not later than 180 days after the
date of the enactment of this Act, the Attorney General or the Secretary of
the Department of Homeland Security shall establish a training manual for law enforcement personnel of a State or a political subdivision of
a State that has in effect a statute under section 102 or a policy under section
105 to train such personnel in the investigation, identification, apprehension,
arrest, detention, and removal of aliens in the United States (including the
transportation of such aliens across State lines to detention centers and
identification of fraudulent documents).
(b) ADMINISTRATION-
(1) The Attorney General or Secretary may charge a fee for training under
subsection (a) which is not more than half the actual costs of such
training.
(2) The training of State and local law enforcement personnel under this
section shall not displace or otherwise adversely affect the training of
Federal personnel.
(c) TRAINING FLEXIBILITY- The Department of Justice or the Department of
Homeland Security shall make such training of State and local law enforcement
officers available through as many means as possible, including but not
limited to residential training at a Federal facility, on-site training held
at a State or local police agency or facility, online training courses by
computer, teleconferencing, and videotape or DVD of a training course or
courses.
(d) 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 enforce Federal
immigration laws in the normal course of carrying out their law enforcement
duties.
SEC. 110. IMMUNITY.
(a) PERSONAL IMMUNITY- Notwithstanding any other provision of law, a law
enforcement officer of a Federal, State, or local law enforcement agency shall
be immune from personal liability arising out of the enforcement of any
immigration law if the officer is acting within the scope of his or her
official duties.
(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 that agency committed a violation of Federal, State, or
local criminal law in the course of enforcing such immigration law.
SEC. 111. PLACES OF DETENTION FOR ALIENS ARRESTED PENDING EXAMINATION AND
DECISION ON REMOVAL.
Section 241(g) of the Immigration and Nationality Act (8 U.S.C. 1231(g)) is
amended by adding at the end the following:
(3) POLICY ON DETENTION IN STATE AND LOCAL DETENTION FACILITIES- In
carrying out paragraph (1), the Attorney General or Secretary of the
Department of Homeland Security shall ensure that an alien arrested under
this Act shall be detained, pending the alien's being taken for the
examination described in such 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--
SEC. 112. INSTITUTIONAL REMOVAL PROGRAM.
(a) CONTINUATION AND EXPANSION- The Department of Justice and the
Department of Homeland Security shall continue to operate and implement the
program known as the Institutional Removal Program (IRP) which identifies
removable criminal aliens in Federal and State correctional facilities,
ensures such aliens are not released into the community, and removes such
aliens from the United States after the completion of their sentences. The
Institutional Removal Program shall be extended to all States. Any State that
receives Federal funds for the incarceration of criminal aliens shall
cooperate with Federal Institutional Removal Program officials, expeditiously
and systematically identify criminal aliens in its prison and jail
populations, and promptly convey such information to Federal IRP authorities
as a condition for receiving such funds.
(b) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out the Institutional Removal Program $10,000,000 for the fiscal year
2004, $20,000,000 for the fiscal year 2005, $30,000,000 for the fiscal year
2006, $40,000,000 for the fiscal year 2007, $50,000,000 for the fiscal year
2008, $60,000,000 for the fiscal year 2009, $70,000,000 for the fiscal year
2010, and $80,000,000 for the fiscal year 2011.
(c) TECHNOLOGY USAGE- Technology such as videoconferencing shall be used to
the maximum extent possible in order to make IRP 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. 113. AUTHORIZATIONS OF APPROPRIATIONS.
(a) State Criminal Alien Assistance Program (SCAAP)- Section 241(i)(5) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by inserting
before the period at the end "and $1,000,000,000 for each of the subsequent
fiscal years".
(b) AUTHORIZATION OF APPROPRIATIONS FOR THE DETENTION AND REMOVAL OF ALIENS
NOT LAWFULLY PRESENT- There are authorized to be appropriated for each fiscal
year $500,000,000 for the detention and removal of aliens not lawfully present
in the United States under the Immigration and Nationality Act.
(c) IN GENERAL- There are authorized to be appropriated such sums as may be
necessary to carry out all of title I.
END
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*
See original at "Thomas Legislative Information on the Internet" <
http://thomas.loc.gov/ >.
In "search" type HR-2671.
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