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H.R.2671
Title: To provide for enhanced Federal, State, and ]ocal enforcement of the
immigration laws of the United States.
Sponsor: Rep Norwood, Charlie [GA-9] (introduced 7/9/2003) Cosponsors:
111
Latest Major Action: 10/1/2003 House committee/subcommittee actions. Status:
Subcommittee Hearings Held.
SUMMARY AS OF:
7/9/2003--Introduced.
Clear Law Enforcement for Criminal Alien Removal Act of 2003 or the CLEAR
Act of 2003 - States that: (1) State and local law enforcement personnel are fully
authorized to investigate, apprehend, or remove aliens in the United States
(including interstate transportat~on of such aliens to detention centers) in the
enforcement of U.S. immigration laws; and (2) a State that does not have a statute
permitting enforcement of Federal immigration laws within two years of enactment
of this Act shall not receive certain Federal incarceration assistance.
Amends the Immigration and Nat~onality Act with respect to illegal aliens to: (1)
establish criminal penalties and forfeiture for aliens unlawfully present in the United
States; (2) increase specified crimmal and civil penalties for illega] entry and failure
to depart violations; and (3) provide for payment of funds from certain civil
penalties to State and ]ocal law enforcement agencies for apprehension of such
aIiens.
Provides for the listing of immigration violators in the National Crime Information
Center database.
Requires States and localities to provide the Department of Homeland Security with
specified information about apprehended illegal aliens. Eliminates certain Federal
incarceration assistance for noneompliance.
Directs the Attorney General to make grants to ]ocal police agencies for equipment
and facilities related to housing and processing illegal aliens.
ivionnn~ i~•ns vra
uup.innomas ioc.govicg~-bm/bqquery/z7d108.h1R0267.,.
Amends the Act to provide for Federal custody and State or ]ocal compensation of
State or ]ocally apprehended illegal aliens.
Establishes a process for State and local claims against the Federal Government for
failure to cooperate in enforcing immigration laws,
Directs the Seci•etary or the Attorney General to establish immigration-related
training for State and ]ocal personnel.
Provides: (1) personal liability immunity for Federal, State, or local personnel
enforcing imm~gration laws within the scope of the~r duties; and (2) civil rights
money damage immunity for Federal, State, or loca] agencies enforcing immigration
]aws unless the~r personnel violated criminal law in such enforcement.
States that the Depariment of Justice and the Department of Homeland Security
shall continue to operate the Institutional Removal Program, which shall be
expanded to all States.
f 2 11/19/2003 12.05 PM
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~~~~-r» co~T~a~z~~s~ H. R. 2671
, ~-r s~~.~~~or
7`o prov~de for enhanced Pei]c~ al, Sttite, and loct~l enforcement of the
nnnugrntion laws of the Unitsd States
IN TI3E HOUS~ OF R~PR~SENTATIVES
Jui,Y 9, 2003
n4r NoawuoD (1'or h~mself, Mr I3oYD, Ms. HART, and Mr llLnL oY Georgia)
mt~•oduced the folla~~m~g bill; ~vh~ch was referred to the Comm~ttee on the
Judic~ary
A BILL
To provide for enhanced Federal, State, and local
enforcement of the mlmigrat~on la~~~s of the United States.
1 Be 2t e~tia,cted by the Senate a~ad House of Representa-
2 taves of the U~ivted States of A~~ieraca in Congress assembled,
3 S~CTION 1, SHORT TITLE.
4 This Act may be cited as the "Clear Law Enforce-
5 ment for Criminal Alien Removal Act of 2003" or the
6 "CLEAR Act of 2003".
2
r TITLE I-ENI3ANCING FEDER,t~,L,
z STATE, ,AND LOCAL ENFORCE-
3 MENT OF THE IMMIGRATION
4 LAWS
5 SEC. 101. F~DERAL AFFIRMATION OF IMMIGR.ATION LAW
6 ENFOItCEMENT BY STATES AND POLITICAL
? SUBDIVISIONS OF STATES.
8 Not~~ithstandmg any otl~er provision of law and re-
9 af~rming the e~isting general authority, law enforcement
10 personnel of a State or a polit~cal subdivision of a State
11 are fully authorized to investigate, apprehend, detam, or
l2 remove aliens in the United States (including the trans-
13 portation of such al~ens across State lines to detention
14 centers), in the enforcement of the immigration laws of
15 the United States.
i b SEC. 102. STATE AUTHORIZATION FOR ,ENFORCEMENT OF
17 FEDER.AI, IMMJGRATION LAWS ENCOUItAGED.
18 (a) IN G~nT~r~L.-~f£ective 2 years after the date
19 of the enactment of this Act, a State (or political subdivi-
20 sion of a State) that fails to have in effect a statute that
21 ea~ressly autl~orizes law enforcement of~cers of the State,
22 or of a political subdi~rision 1a~itJ7~n the State, to enforce
23 Federal immigration ]aws in the course of carrying out
24 the officer's law enforcement duties shall not receive any
25 of the fui7ds that would othei-~~ise be allocated to the State
i
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1 under section 241(i) of the Immigration and Nationality
2 Act (8 U.S.C. 1231(i)).
3 (b) 1Zi~ALLOCATION OF FUNDS.-Any funds that are
4 not allocated due to failure to comply with this section
5 shall be reallocated to States that comply with this section.
E) S~C. 103. ~STAI3LISHMENT OF CRIMINAL PENALTIES AND
'7 I'ORr~ITURE I'OR ALIENS UNLAV-~FULL1'
$ PR~SENT IN THE UNIT~D STATES, ENIiANCE-
9 MENT OF CRTMINAL AND CNIL PENALTIES
lO rOR ALIENS WHO ILL~GALLY ENTER THE
] 1 UNIT~D STATES, AND STATE AND LOCAL EN-
12 TITL~MENT TO CIVIL PENALTIES COL-
13 LECT~D DUE TO STATE AND LOCAL IMMIGRA-
14 TION LAW ~NPOItC~MENT AND APPREHEN-
15 SION OF VIOLATORS.
16 (a) AT~irrs UNi,nwruLLy P~t~~~sLNT.-The Immigra-
17 tion and Nationality Act is amended by adding after sec-
18 tion 275 the follo~n~ng new section:
]9 "CRIMTNAL PENAI,TI~S ANll FORFEITUItL POR
ZO UNI.AVVP'UL PIZ~SENCE IN THE UNITED STATES
21 "S~c. 275A Any alien present m the United States
22 in ~~iolation of this Act shall be fined under title 18, United
23 States Code, inlprisoned not more than one year, or both.
24 The assets of any alien ~resent in the United States in
25 ~~iolation of this Act shall be subject to forfeiture under
26 title 18, United States Code.".
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1 (b~ INC]t~ASE IN CRIn4INAL P~Nt1LTIES FOIt ILLE(~AL
2 ENT~tY.-Section 275(a) of the Immigration and Nation-
3 al~ty Act (8 U.S.C. 1325(a)) is amended by striking "6
4 months," and inserting "one year,".
S (C) INCRI~]ASI; IA~ CIVIL PENALTTES FOR VAli,IOUS
6 VIOLA7'IONS OF 7'H~ In4MIGItATION I~AWS OF THE UNITED
7 STnT~s.-Section 275(b) of the Immigration and Nation-
8 ality Act (8 U S.C 1325(b)) is Amended to read as fol-
9 ]ows:
10 "(b)(1) Any a]ien described in paragraph (2) shall be
11 subject to a civil penalty of-
12 "(A) $500 for the ~rst violation;
13 "(B) $2,500 in the case of an tilien who has
14 been once ~reviously subject to a civil penalty under
15 this subsection;
16 "(C) $5,000 in the case of an alien who has
17 been twice previously subject to a civil penalty under
18 this subsection; and
19 "(D) $10,000 in the case of an ahen who has
20 been three or more times previously subject to a civil
21 penalty under this subsection.
22 "(2)(A) An alien described-
23 "(i) is apprehended while entering (or attenlpt-
24 ing to enter) the Umted States at a time or place
25 other than as designated by immigration officers;
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1 "(ii) enters the United States without inspec-
2 tion;
3 "(iii) fails to depart the United States within
4 30 days after the e~1~iration of a nonimmigrant visa
5 or a voluntary departure agreement and is not in
6 other ]auvfizl status; or
7 "(iv) fa~ls to depart the United States within 30
8 days after a fmai order of removal and is not in
9 other lawful status
10 "(B) In the case of an al~en described in sub-
11 paragraph (A)(iv) who fails to depart the Unrted
12 States ~~~thm 30 days after a fmal order of removal,
13 the al~en shall be subject to civil penalties under this
14 subsection that are 5 times the an~ounts set forth
15 under paragraph (1)
16 "(3) Crvil penalt~es under this subsection are in addi-
17 tion to, and not in l~eu of any criminal or other civil pen-
18 alties that may be imposed.".
19 (d) InTcii~AS~ iN CrvrL P~rT~~ri~s roi~ FniLUhE To
20 D~P~vtT -Section 274D(a) of the Immigration and Na-
21 tionality Act (8 U.S.C. 1324d(a)) is amended by striking
22 "not more than".
23 (0) FORFEITUItE FOR FAILUItE TO DEPAItT FOR
24 Mo~t~ Ti~T ON~ Y~n~.-Section 274D of the Immigra-
25 tion aild Nationality Act (8 U.S.C. 1324d) is amended-
.~ ~s~i ut
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1 (1) by redesignating subsection (b) as sub-
2 sect~on (c); and
3 (2) by inserting after subsect~on (a) the fol-
4 lo~nring new subsection:
5 "(b) FoizrrrrunE ro~~ LonTG-Tri~M FAILURE To
6 Drl~nlt'r.-The assets of any alien in violat~on of sub-
7 sect~on (a) for more than one year shall be subject to for-
8 fe~ture under title 18, United States Code.".
9 (f) PnYA7I~NT OF CNIL PLATALTI~S WHEN ILLEGAL
IO ALI~NS Al'PItLHLND~D BS' STA7'L AND LOCt1L LAW EN-
11 roRCrNt~N'r.-Section 280 of the Immigration and Na-
12 tionality Act (8 U.S.C 1330) is amended by adding at
13 the end the follouring:
14 "(c) Not~~athstanding any other protasion of law, half
15 of the amounts deposited in the Immigration Enforcement
16 Account from the payment of any civil penalties or asset
17 forfeiture collected under section 274D, 275, or 276 as
18 a result of the apprehension of a, ~riolator b,y law enforce-
19 ment of~cials of a State or a political subdivision of a
20 State shall be paid to the appropriate law enforcement
21 agency of a State or a political subdivision of a State re-
22 sponsible for the apprehension of the violator.".
23 (g) PI~:I~D4ISSION TO DPPART VOLTINTARILY.-SCC-
24 tion 240B(a)(2)(A) of the Immigration and Nationality
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1 Act (8 U.S.C. 1229c(a)(2)(A)) is aillended by striking
2 "120" and inserting "30".
3 S~C. 109. LISTING OF IMMIGRATION VIOLATORS IN THE NA•
4 T10NAL CRIME INrORMATION CENTER DATA-
S BASE.
6 (a) PROVISION oI~~ TNFO1tn4A~1'ION TO TH~ NCIC.-
7~~~itl~in 180 days after the date of the enactment of this
8 section, the Director of Border and Transportation Secu-
9 rit,y of the Department of Homeland Securrty shall provide
10 the National Crime Information Center of the Department
11 of Justice w~ith such information as the Commiss~oner may
12 have on any person ~~~ho I~as ~riolated any immigration law
13 of the United States.
14 (b) Inici~usioN or Irror~Mn~rioN irr mx~ NCIC
15 Dn'rnr~nsr.-Sect~on 534(a) of t~tle 28, Umted States
16 Code, is amended by redesignating paragraph (4) as para-
17 graph (5) avd inserting after par~gi°aph (3) the follo~nng:
18 "(4) aequire, collect, classify, and preserve
19 records of ~~iolations of the immigration laws of the
20 United States; and".
21 SEC. 106. STATE AND LOCAT. LAW ENFORC~MENT PROVI-
22 SION OF INFORMATION ABOUT APPR.E-
23 HENDED ILLEGAL ALIEN6.
24 (a) IN G~N~~.-Every state or locality must
25 ha~e a policy that requires the State or entity (as
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1 al~plicable) to pro~ride to the Department of Justice
2 and the Department of I3omeland Security the infor-
3 mation under subsection (b) on each alien in viola-
4 tion of the immigration ]a«~s of the United States
5 ap~reJ~ended in the jurisdiction. Information re-
6 quired by th~s subsect~on shall be provided not later
7 than 10 days after the alien was encountered within
8 such jurisdiction and shall be provided in such form
9 and in such manner as the Attorney General may by
10 regulation or guideline require. Failure to have such
11 a policy and practice by any State or locality shall
12 result in ineligibility for funds under section 241(i)
13 of the Imnvgration and Nationality Act until such a
14 policy is implemented.
15 (b) InTroI~MA'r70N R~RUII~ED.-The information re-
16 quired by subsection (a) is as follows:
17 (1) The alien's name.
18 (2) The alien's address or place of residence.
19 (3) A physical description of the alien.
20 (4) The date, time, and ]ocation of the encoun-
21 ter with the alien and reason for stopping, detaining,
22 apprehending, or arresting the alien.
23 (5) If applicable, the alien's driver's license
24 number and the State of issuance of such license.
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1 (6) If applicabie, tl~e t}~e of any other identi-
2 fication document ~ssued to the al~en, any designa-
3 tion numUer contained on the identi~cation docu-
4 ment, and the ~ssuing entit,y for the identification
5 docunlent.
6 (7) If applicable, the license plate number,
7 make and model of any automobile reg~istered to, or
8 dr~ven by, the alien.
9 (8) A photo of the alien if auailable or readily
10 obtainable.
11 (9) The alien's ~ngerprints, i£ available or read-
12 ~ly obtainable
13 (c) INronii~l.~~,~rL I~r>>oi~~rir~G.-If the Attorney Gen-
14 eral ~nds tl~at a State or a political subdivision of a State
15 engages ~n a pattern or pract~ce of suUmiss~on of incom-
16 plete information under subsection (b} or noncompliance
17 under subsection (a), the Attorney General shall notify the
18 State or pol~tical subdnrision of a State of such finding
19 (and detail the instances and areas of deficiency). Not
20 later than 30 days after a notification under this para-
21 graph, the State or political subdi~rision of a State shall
22 subm~t to the Attorney General a detailed written response
23 to the notification (which addresses each instance and
24 area of de~ciency under tlie noti~cation) and a detailed
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1 plan for correcting any de~ciencies in the submission of
2 such information,
3 SEC. J06. FINANCIAL ASSISTANCE TO STATE AND LOCAL
4 POLICE AG~NCIES THAT ENF'ORCE IMMIGRA-
S TION LAWS.
C (a) GR,ANTS FOR SP~C1A7. E(~1UIPMEA'T POIt HOUSIN(3
7 ANi~ P~~ocrssiNC IY~T~~cni, Ai~v~NS.-From amounts
8 naade available to make grants under this section, the At-
9 torney Genera] shall make grants to local law enforcement
10 agencies for procurement of equipment, technology, facili-
11 ties, and otl~er products tlaat facilitate and are directly re-
12 lated to housing and processing illegal aliens in custody
13 for mlmigration law violat~ons, including additional ad-
14 min~strat~ve costs incurred under this Act.
15 (b) EL1a~r~~LiTY.-To be eligible to receive a grant
16 under this sect~on, the local law enforcement agency must
17 have the authority to, and l~ave in effect the policy and
l8 practice to, enforce Federal immigration laws in the
19 course of carr~ring out such agency's law enforcement du-
20 ties.
21 (c) FuNniNG.-There is authorized to be appro-
22 ~riated for grants under this section $1,000,000,000 for
23 each ~scal ~year.
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1 S~C. 107. I~'IsD~RAL CUSTODY OP ILL~GAL ALIENS APPRE-
,
2 II~NDED BY STAT~ OR LOCAL LAW ENFORCE•
3 MENT.
4 (a) A.n4LNDn2LN~1~ TO IA4n4IGR,ATION AND NATION-
5 ni,1'rl~ Ac'r.-Tl~e Imn7i~~ation and Nationality Act is
6 ameiided b,y ~dding after sect,ion 240C the following new
7 section:
$ "CUS7'ODY OF ILLPGAL ALILNS
9 "Scc.240D.
10 "(a) If the chief executive officer of a State (or, if
11 appropriate, a political subdi~rision of the State) exercising
12 authority writh i°espect to the apprehension of an illegal
13 alien subnvts a request to the Attorney General or the
l4 Secretary of the Department of Homeland Security, the
15 Attorney General or Secretary shall-
16 "(1) enter into a contractual arrangement
17 «~hich pro~rides for compensation to the State or a
18 polit~cal subd~~rision of the State, as may be appro-
19 priate, ~~nth respect to the mcarceration of the illegal
20 alien;
21 "(2) take the illegal alien into the custody of
22 the Federal Goveri7n~ent and ii7carcerate the alien;
23 or
24 "(3) desig77ate a Federal, State, or local prison
25 or jail or a private contracted prison or detention fa-
26 cility ~~vithin a region as the ceiztral facility for that
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1 region to maintain custody of the crinlinal or illegal
2 aliens.".
3 "(b) Compensa,tion under subsection (a)(1) sha11 be
4 the average cost of mcarceration of a prisoner in the rel-
5 evant State as determined by the chief executive officer
6 of a State (or, as appropriate, a political subdivision of
7 the State).
8 "(c) Por purposes of th~s section, the term `illegal
9 al~en' means an alien who-
10 "(1) entered the United States without inspec-
1] tion or at any time or place other than as designated
12 by the Attorney General or the Secretary of the De-
13 partment of Homeland Security;
14 "(2) was ~dmitted as a nonimmigrant and at
]5 the tmle he or she was taken into custody by the
16 State or a political subdivision of the State has
17 failed to ma~z~tain the nonimmigrant status in which
18 the alien ~a~as admitted or to ~~~hich it was changed
19 under section 248, or to comply with the conditions
20 of any such status; or
21 "(3) failed to depart the United States under a
22 voluntary departure agreement or under a final
23 order of removal.
24 "(d) The Attorney General or the Secretary of the
25 Department of Homeland Security shall ensure that un-
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1 documented al~ens incarcerated m Federal facilities pursu-
2 ant to this subsection are held in facilities which provide
3 an appro~r~ate level of security.
4 "(e) In cari~yring out this sect~on, the Attorney Gen-
5 eral or the Secretary of the Department of Homeland Se-
6 curity ~~all establ~sh a regular circuit and schedule for the
7 prompt collection of apprehended undocumented aliens
8 from the custody of States and political subdivisions of
9 States to Federal custody. The Attorne,y General or the
] 0 Secretary of the Department of Homeland Security is au-
11 thorized to enter into contracts to implement this sub-
12 section.
13 "(f) Not~~thstai~ding any otl~er pro~nsion of this Act
14 or any other law, one-third of unnngrant and non-
15 imm~grant ~nsa fees and adjustment of status fees, as des-
16 ig~~ated by the Attorney General or the Secretary of the
17 Department of Homeland Securit>> in regulations, shall be
18 depos~ted as offsetting receipts into a separate account en-
19 titled `State and Local Innnigration Law Enforcement Fee
20 Account' in the Treasury of the United States. The Attor-
21 ney General or the Secretary of the De~artment of Home-
22 land Security shall set all such fees at a level that will
23 ensure receipt of amoui7ts suff~c~ent to pay the full costs
24 of carrying out the provisions of this section, the full costs
25 of processing tdsas, and a siglzificant portion of the costs
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1 of Federal enforcement of imnvgration violations.
2 Amow~ts deposited into the fee account shall be available,
3~n~ithout further appro~riation, to the Attorney General or
4 the Secretary of the Department of Homeland Security
5 to carr,y out the pro~risions of this section. All deposits into
6 the fee account shall remain available until expended.".
7 (b) GAO Auni7~ -Not later than 3 years after the
8 date of tl~e enactment of this Act, the General Accounting
9 Of~ce shall conduct an aud~t of compensation to States
10 and political subdi~dsions of States for the incarceration
11 of illega] aliens under section 240D(a) of the Immigration
12 and Nationality Act (as amended b,y subsection (a)).
] 3 SEC. ]O8. ESTABLISHM~NT OF PROCESS FOR CLAIMS BY
14 STATES AND LOCALITI~S AGAINST THE FED-
IS ~RAL GOVERNMENT FOR FAILUItE TO FA-
16 CILITATE THE COOP~RATION OF STATES AND
1~ LOCALITI~S IN THE ~NrORCEMENT OF THE
1H IMMIGRATION LAWS OF TI3E UNITED STATE3.
19 (a~ G'I,AIMS I3Y ~'TAT~S AND LOCALITIES 1~C~AINS7`
ZO 7`HP FI:D~R,AL GO\~1ZNA4~NT FOli FAILUR~ TO COOPER-
21 A7'~ IN THIP l;NFOItCEA4PNT OF THE IMMIGRATION
22 LAws.-
23 (1) IN G~n~~~tni,.-A State or a politica,l sub-
24 di`rision of a State adversely affected may ~le a
25 claim against any Federal agency for failure to co-
.HIt as~i ut
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1 operate «rith a State or a political subdi~rision of a
2 State to enforce or comp]>> in a reasonable manner
3 ~~~ith ce~~tain ei7forcement pro~risions of the inzmigra-
4 tion laws of the United S1.ates relating to the identi-
5 ~cation, ap~reheils~on, arrest, detention, and re-
6 moval of al~ens ~~~ho are m wolation of the immigra-
7 tion laws.
8 (2) Anau~~r,n7`TOn o~~' r,l,niMS.-Claims under
9 this section shall be filed only ~~rith the administra-
10 tive law judge established under subsection (b).
11 Claims under this section shall be adjudicated only
12 by such ~udge. The val~dit,y and appropriateness of
13 the decision of the judge inay be appealed only to
14 the Attorne,y General or the Secretary of the Depart-
15 ment of Homeland Security and shall not be subjeet
16 to judicial review.
17 (3) ~~n~Tn~is~rr~n~rrvr ~~~~or,rnu~,~ nc~~.-Except
18 as other~~~ise pro~rided, the Administrative Procedure
19 Act sl~all apply to the adjudication of claims under
20 this sect~on.
21 (4) FiN~s.-
22 (A) The appropriate Federal agency shall
23 be fined $1,000 for each instance of non-
24 enforcement determii~ed to be valid in a deci-
25 sion by the judge on a claim.
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1 (B) In addition to fines under subpara-
2 gra}~h (A), if in a decision on any claim the
3 judge determines that a Pederal agency has en-
4 tered into a pattern or practice of nonenforce-
5 ment of, or noncompliance ~~ath a State or local
6 law enforcement agency's enforcenaent of, the
7 immigration ]aws, that Pederal Agency sha11 be
8 ~ned $10,000.
9 (5) PnYMPNT OF FINES.-
10 (A) Not~~rithstanding any other provision of
11 law, only amounts depos~ted into the Immigra-
12 tion Esammation Fee Account (under section
13 286(m) of the Immigration and Nationality
14 Act) shall be auailable to the Attorney General
15 or the Secretary of the Department of Home-
16 land Security for the pa,yment of ~nes levied
17 against a Federal agency under this section.
18 (B) F3nes le~ried against a Federal agency
19 pursuant to this section shall be paid to the
20 State or political subdi~rision of the State that
21 brought the claim for noncooperation not later
22 than 90 days after the entry of a~nal judg-
23 ment.
24 (C) The Attorney General or the Secretary
25 of tl~e Depai•tment of Homeland Security is au-
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1 thor~zed to increase the amount of any of the
2 adjudicat~on fees desig-~Zated by the Attorney
3 General or the Secretary of the Department of
4 IIomeland Security under section 286(m) of the
5 Immigrat~on and Natioi7ality Act in order to en-
6 sure that funds sufficient for the payment of
7 ~nes pursuant to this section are available.
8 Notwithstanding any other pro~rision of law,
9 ~tmounts in the Immigration Examination Fee
10 Account shall be available ~~~thout further ap-
I1 propriation or fiscal year l~m~tation.
IZ (b~ I'LSTABLISIIP4PNT OF 1~Dn4INISTRATIVE LA\~1~
13 JUDGL FOR FEDI773A1~, STATP, AND LOCAL IMMIGItATION
14 LAw EnTroi~CrnirrT'r Cooni.itnT~oN -There is estab-
15 lished wnthin the Department of Just~ce the pos~tion of
16 Admin~stratrve Law Judge for I+'ederal, State, and Local
17 lmm~gration Law Enfoi°cement Cooperation (hereafter in
18 this section referred to as Lhe "judge").
19 S~C. 109. TRAINING OF STATE AND LOCAL LAW ENFORCE-
20 MENT P~ItSONNEL RELATING TO THE EN-
21 rORC~M~NT OF IMMIGRATION LAWS.
22 (a~ ESTAI3LISII-4~NT OF TItAINING MANUAL.-NOt ~
23 later than 180 days after tl~e date of the enactment of
24 this Act, the Attorney General or the Secretary of the De-
25 partment of Homeland Security shall establish a training
.HIt 2671 IA
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1 manual for ]aw enforcement personnel of a State or a po-
2 litical subdi~rision of a State that has in effect a statute
3 under section 102 or a policy w~der section 105 to train
4 such personnel in the im~estigation, identi~cation, appre-
5 hension, arrest, detention, and removal of aliens in the
6 United States (inc]uding the transportation of such aliens
7 across State lines to detention centers and identi~cation
8 of fraudulent documents).
9 (b~ 1~DMINIS7`RATION.-
10 (1) The Attorney General or Secretary may
11 charge a fee for training under subsection (a) which
12 is not more than half the actual costs of such train-
13 mg.
14 (2) The traming of State and local law enforce-
15 ment personnel uvder this section shall not displace
16 or othei~~ase ad~~ersely affect the training of Federal
17 personnel.
18 (c) TI~NING FI~~~~r~II~ITI~ -The Department of
19 Just~ce or the De~artment of Homeland Security shall
20 make such training of State and ]ocal law enforcement of-
21 ficers a~~ailable through as many means as possible, includ-
22 ing but not limited to residential training at a Federal
23 facility, on-site training held at a State or local police
24 agency or facility, online training courses by computer,
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1 teleconferencing, and ~rideota~e or DVD of a training
2 course or courses
3 (d) C~,n~3n~~irnTloN -Nothmg in this Act or any
4 other pro~~s~on of law shall be construed as mal~ing any
5 m~mig~°at~on-related traming a requirement for or pre-
6 requisite to any State or local ]a~~~ enforcement of~cer to
7 enforce Federal imm~gration la«~s in the normal course of
8 carrying out the~r law enforcement duties.
9 SEC.110.IMMUNITY.
10 (a) Pr~tsoNA~~ In7n~un1'rr -Notw~thstanding any
11 other pro~ns~on of law, a la~n~ enforcement officer of a Fed-
12 eral, State, or local ]aw enforcement agene,y shall be im-
13 mune from personal liabil~ty arising out of the enforce-
14 ment of an~~ m7m~gration la~~~ if the officer is acting within
15 the scope of his or her offic~al duties.
16 (b) AG~rTCI' In~n~Utvir7'-I~TOtwathstanding any other
17 pro~ris~oi~ of la~~~, a State or ]oca] ]aw enforcement agency
18 shall be ~mmune from any cla~m for money damages based
19 on Pederal, State, or ]ocal civil rights law for an ineident
20 arising out of the enforcement of any innnigration law,
21 except to the e~-tent a la~~~ enforcement of~cer of that
22 agency comm~tted a~riolation of Federal, State, or local
23 crimii7al law in the course of ei~forc~ng such immigration
24 law.
.iix zs~i nt
20 .~
1 SEC. 111. PLAC~S OF D~TENTION FOR ALIENS AItRESTED
2 P~NDING ~XAA~INATION AND DECISION ON
3 nEmovnr..
4 Sect~on 241(g) of the Immigration and Nationality
5 Act (8 U S.C. 1231(g)) is amended Uy adding at the end
6 the following:
7 "(3~ POLICY ON ll1:7`]~N'1'ION IAT STATE AND
8 LOCAL DE7'LA~TION FACI],ITIES.-In carrying out
9 paragraph (1), the Attorney General or Secretary of
10 the Department of Homeland Security shall ensure
11 that an alien arrested under this Act shall be de-
12 taSned, pending the alien's being taken for the exam-
13 ination described in such sect~on, in a State or local
14 prison, jail, detention center, or other comparable fa-
15 cility notwathstanding an,y other provision of law or
]6 regulat~on, such facility ~s adequate for detention,
17 if-
18 "(A) such a facility is the most suitably lo-
19 cated Federal, State, or local facility available
20 for such ~urpose under the circumstances;
21 "(B) an appropriate arrangement for such
22 use of the facility can be made; and
23 "(C) such facility satis~es the standards
24 for the housing, care, and security of persons
25 l~eld in custody of a United States marshal.".
•fnt zs~i ix
21
1 S~C. 112. INSTPI'UTIONAL R~MOVAL PROGR.AM.
2 (a) Con~'rin'un~r~on~ ~n» ~ai~anTsioN.-The Depart-
3 ment of Justice and tl~e Department of Honleland Secu-
4 r~t,y shall continue to operate and implen~ent the prog~•am
5]cno~m as the InsYatut~m~al Removal Prograni (IRP) which
6~dentifies removable criminal al~ens ~n Federal and State
7 correct~onal fac~lities, ensures such aliens are not released
8 into the communit~~, and removes such aliens from the
9 Unitea States after the coml~letion of tl~eir sentences. The
10 Inst~tutional Removal Pro~ram shall be extended to all
11 States Any State that receives Pederal funcls for the m-
12 carceration of crimi»al aliens shall cooperate with Federal
13 Iz7stitut~onal R,emo~~al Program officials, ea~editiously and
14 systematically ~dentify crimmal aliens m its prison and jail
15 populations, and promptly convey such informat~on to
16 I`ederal IRP autl~orit~es as a cmid~t~on for receiving such
17 funds.
18 (b) Au~r~~ox~zn~rior ar Ani>>~on~~ia~rioNS.-There is
19 autl~orized to be appropriated to carry out the Institu-
20 tional R,emoval Program $10,000,000 for the fiscal year
21 2004, $20,000,000 for the ~scal year 2005, $30,000,000
22 for the ~scal year 2006, $40,000,000 for the fiscal year
23 2007, $50,000,000 for the fiscal year 2008, $60,000,000
24 for tlle fiscal year 2009, $70,000,000 for the fiscal year
25 2010, and $80,000,000 for the ~scal year 2011.
•13R 2671 IH
22
1 (c) Trclirro~~oU1~ Usac~.-Tec]mology such as
2~~ideoconferencing shal] be used to the maximum extent
3 possible in order to ~nake IRP available in remote loca-
4 tions 1~Zobile access to Pederal databases of aliens, such
5 as IDENT, and live scan technology shall be used to the
6 ma~mum extent pract~cable in order to make these re-
7 sources avaalable to State and local ]aw enforcement agen-
8 cies in remote ]ocat~ons.
9 SEC. 113. AUTHORIZATIONS OF APPROPRIATIONS.
IO (a~ STA1`L CIZIMINAL ALIEN ASSISTANCE PROQRAM
11 (SCAAI') -Section 241(i)(5) of the Inmligration and Na-
12 tionality Act (8 U.S.C. 1231(i)) is amended by inserting
13 Uefore the period at the end "and $1,000,000,000 for each
14 of the subsequent ~scal years"
15 (b) Au~~J3o~izA~,~on~ or Ai>>>>~onRin~rioNS roR TxE
IE) Dl~'17:N7`ION AND RPMOVAL OF ALI~NS NOT LAWFULLY
17 PRrS~A~7'.-There are autl~or~zed to be appropriated for
18 each f~scal year $500,000,000 for the detention and re-
19 moval of aliens not lawfully present in the United States
20 under the Immigration and Nationality Act.
2l (c) InT GrrTrrtal, -Tl~ere are autl~orized to be appro-
22 priated such sums as ma3~ be necessary to carry out all
23 of title I. ~
O
•~nt 2svi ix