[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2671 Introduced in House (IH)]
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--
``(A) $500 for the first violation;
``(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;
``(ii) enters the United States without inspection;
``(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--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(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:
(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) 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;
``(2) take the illegal alien into the custody of the
Federal Government and incarcerate the alien; or
``(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.
(4) Fines.--
(A) The appropriate Federal agency shall be fined
$1,000 for each instance of nonenforcement determined
to be valid in a decision by the judge on a claim.
(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.
(5) Payment of fines.--
(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.
(B) Fines levied against a Federal agency pursuant
to this section shall be paid to the State or political
subdivision of the State that brought the claim for
noncooperation not later than 90 days after the entry
of a final judgment.
(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--
``(A) such a facility is the most suitably located
Federal, State, or local facility available for such
purpose under the circumstances;
``(B) an appropriate arrangement for such use of
the facility can be made; and
``(C) such facility satisfies the standards for the
housing, care, and security of persons held in custody
of a United States marshal.''.
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.
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