I
119THCONGRESS
1
STSESSION H. R. 1927
To provide for enhanced Federal, State, and local assistance in the enforce-
ment of the immigration laws, to amend the Immigration and Nationality
Act, and to authorize appropriations to carry out the State Criminal
Alien Assistance Program.
IN THE HOUSE OF REPRESENTATIVES
MARCH6, 2025
Mr. I
SSA(for himself, Mr. CRANE, Mr. GOODEN, Mr. HARIDOPOLOS, and Mr.
F
EENSTRA) introduced the following bill; which was referred to the Com-
mittee 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, and to authorize
appropriations to carry out the State Criminal Alien
Assistance Program.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLES; TABLE OF CONTENTS. 3
(a) S
HORTTITLES.—This Act may be cited as the 4
‘‘Clear Law Enforcement for Criminal Alien Removal Act 5
of 2025’’ or the ‘‘CLEAR Act of 2025’’. 6
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(b) TABLE OFCONTENTS.—The table of contents for 1
this Act is as follows: 2
Sec. 1. Short titles; table of contents.
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 Cen-
ter database.
Sec. 6. State and local law enforcement provision of information about appre-
hended 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 appre-
hended 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.
SEC. 2. DEFINITIONS.
3
In this Act: 4
(1) S
ECRETARY.—The term ‘‘Secretary’’ means 5
the Secretary of Homeland Security. 6
(2) S
TATE.—The term ‘‘State’’ has the mean-7
ing given such term in section 101(a)(36) of the Im-8
migration and Nationality Act (8 U.S.C. 9
1101(a)(36)). 10
SEC. 3. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IM-11
MIGRATION LAW ENFORCEMENT BY STATES 12
AND POLITICAL SUBDIVISIONS OF STATES. 13
Reaffirming the existing inherent authority of States, 14
law enforcement personnel of a State, or of a political sub-15
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division of a State, have the inherent authority of a sov-1
ereign entity to investigate, identify, apprehend, arrest, 2
detain, or transfer to Federal custody aliens in the United 3
States (including the transportation of such aliens across 4
State lines to detention centers), for the purposes of as-5
sisting in the enforcement of the immigration laws of the 6
United States in the course of carrying out routine duties. 7
This State authority has never been displaced or pre-8
empted by Congress. 9
SEC. 4. STATE AUTHORIZATION FOR ASSISTANCE IN THE 10
ENFORCEMENT OF IMMIGRATION LAWS EN-11
COURAGED. 12
(a) I
NGENERAL.—Beginning on the date that is 1 13
year after the date of the enactment of this Act, a State, 14
or a political subdivision of a State, that has in effect a 15
statute, policy, or practice that prohibits law enforcement 16
officers of the State, or of a political subdivision of the 17
State, from assisting or cooperating with Federal immi-18
gration law enforcement in the course of carrying out the 19
officers’ routine law enforcement duties may not receive 20
any of the funds that would otherwise be allocated to the 21
State under section 241(i) of the Immigration and Nation-22
ality Act (8 U.S.C. 1231(i)). 23
(b) R
ULE OFCONSTRUCTION.—Nothing in this sec-24
tion may be construed to require law enforcement officials 25
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from States, or from political subdivisions of States, to 1
report or arrest victims or witnesses of a criminal offense. 2
(c) R
EALLOCATION OFFUNDS.—Any funds that are 3
not allocated to a State, or to a political subdivision of 4
a State, due to the failure of such State, or of the political 5
subdivision of such State, to comply with subsection (a) 6
shall be reallocated to States, or to political subdivisions 7
of States, that comply with such subsection. 8
SEC. 5. LISTING OF IMMIGRATION VIOLATORS IN THE NA-9
TIONAL CRIME INFORMATION CENTER DATA-10
BASE. 11
(a) P
ROVISION OFINFORMATION TO THE NATIONAL 12
C
RIMEINFORMATIONCENTER.— 13
(1) I
N GENERAL.—Not later than 180 days 14
after the date of the enactment of this Act and peri-15
odically thereafter as updates may require, the Com-16
missioner for U.S. Customs and Border Protection 17
shall provide the National Crime Information Center 18
of the Department of Justice with such information 19
as the Commissioner may possess regarding any 20
aliens— 21
(A) against whom a final order of removal 22
has been issued; 23
(B) who have signed a voluntary departure 24
agreement; 25
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(C) who have overstayed their authorized 1
period of stay; or 2
(D) whose visas have been revoked. 3
(2) I
MMIGRATION VIOLATORS FILE .—The Na-4
tional Crime Information Center shall enter all of 5
the information received pursuant to paragraph (1) 6
into the Immigration Violators File regardless of 7
whether— 8
(A) the alien concerned received notice of 9
a final order of removal; 10
(B) the alien concerned has already been 11
removed; or 12
(C) sufficient identifying information is 13
available with respect to the alien concerned. 14
(b) I
NCLUSION OF INFORMATION IN THE NCIC 15
I
NDEX.— 16
(1) I
N GENERAL.—Section 534(a) of title 28, 17
United States Code, is amended— 18
(A) by redesignating paragraphs (4) and 19
(5) as paragraphs (5) and (6), respectively; and 20
(B) by inserting after paragraph (3) the 21
following: 22
‘‘(4) acquire, collect, classify, and preserve 23
records of violations by aliens of the immigration 24
laws of the United States, regardless of whether— 25
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‘‘(A) any such alien has received notice of 1
any such violation; 2
‘‘(B) sufficient identifying information is 3
available with respect to any such alien; and 4
‘‘(C) any such alien has already been re-5
moved from the United States;’’. 6
(2) E
FFECTIVE DATE.—The Attorney General 7
shall implement the amendment made by paragraph 8
(1) not later than 6 months after the date of the en-9
actment of this Act. 10
SEC. 6. STATE AND LOCAL LAW ENFORCEMENT PROVISION 11
OF INFORMATION ABOUT APPREHENDED 12
ALIENS. 13
(a) P
ROVISION OFINFORMATION.—In compliance 14
with section 642(a) of the Illegal Immigration Reform and 15
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)) 16
and section 434 of the Personal Responsibility and Work 17
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), 18
each State, and each political subdivision of a State, shall 19
submit to the Secretary, in a timely manner, the informa-20
tion specified in subsection (b) with respect to each alien 21
apprehended in the jurisdiction of the State, or of a polit-22
ical subdivision of the State, who is believed to be in viola-23
tion of the immigration laws of the United States. 24
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(b) INFORMATION REQUIRED.—The information 1
specified in this subsection is— 2
(1) the alien’s name; 3
(2) the alien’s address or place of residence; 4
(3) a physical description of the alien; 5
(4) the date, time, and location of the encounter 6
with the alien and reason for stopping, detaining, 7
apprehending, or arresting the alien; 8
(5) if applicable— 9
(A) the alien’s driver’s license number and 10
the State of issuance of such license; 11
(B) the type of any other identification 12
document issued to the alien, the designation 13
number contained on the identification docu-14
ment, and the issuing entity for the identifica-15
tion document; and 16
(C) the license plate number, make, and 17
model of any automobile registered to, or driven 18
by, the alien; and 19
(6) if available or readily obtainable— 20
(A) a photo of the alien; and 21
(B) the alien’s fingerprints. 22
(c) A
NNUALREPORT.—The Secretary shall annually 23
submit to Congress a detailed report listing the States, 24
and the political subdivisions of States, that provided in-25
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formation pursuant to subsection (a) with respect to the 1
preceding year. 2
(d) R
EIMBURSEMENT.—The Secretary shall reim-3
burse States, and political subdivisions of a State, for all 4
reasonable costs, as determined by the Secretary, incurred 5
by each State, and each political subdivision of a State, 6
as a result of submitting the information required to be 7
submitted pursuant to subsection (a). 8
(e) R
ULE OFCONSTRUCTION.—Nothing in this sec-9
tion may be construed to require law enforcement officials 10
of a State, or of a political subdivision of a State, to sub-11
mit to the Secretary information related to a victim of a 12
crime or witness to a criminal offense. 13
SEC. 7. FINANCIAL ASSISTANCE TO STATE AND LOCAL LAW 14
ENFORCEMENT AGENCIES THAT ASSIST IN 15
THE ENFORCEMENT OF IMMIGRATION LAWS. 16
(a) G
RANTS FORSPECIALEQUIPMENT FORHOUSING 17
ANDPROCESSINGCERTAINALIENS.—The Secretary shall 18
award grants to States and political subdivisions of States 19
for the procurement of equipment, technology, facilities, 20
and other products that facilitate and are directly related 21
to investigating, apprehending, arresting, detaining, or 22
transporting aliens who have violated the immigration 23
laws of the United States, including additional administra-24
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tive costs incurred to comply with the requirements under 1
this Act. 2
(b) E
LIGIBILITY.—A State or political subdivision of 3
a State desiring a grant under this section shall have the 4
authority to assist, and shall have a written policy and 5
practice of assisting, in the enforcement of the immigra-6
tion laws of the United States in the course of carrying 7
out the routine law enforcement duties of such State or 8
political subdivision. Entities covered under this section 9
may not have any policy or practice that prevents local 10
law enforcement from inquiring about a suspect’s immi-11
gration status. 12
(c) GAO A
UDIT.—Not later than 3 years after the 13
date of the enactment of this Act, the Comptroller General 14
of the United States shall conduct an audit of funds dis-15
tributed to States and political subdivisions of a State pur-16
suant to subsection (a). 17
SEC. 8. INCREASED FEDERAL DETENTION SPACE. 18
(a) C
ONSTRUCTION OR ACQUISITION OFDETENTION 19
F
ACILITIES.— 20
(1) I
N GENERAL.—The Secretary shall con-21
struct or acquire, in addition to existing facilities for 22
the detention of aliens, 20 detention facilities in the 23
United States, for aliens detained pending removal 24
from the United States or a decision regarding such 25
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removal. Each facility shall have a sufficient number 1
of beds necessary to effectuate the purposes of this 2
Act. 3
(2) D
ETERMINATIONS.—The location of any de-4
tention facility built or acquired pursuant to this 5
subsection shall be determined by the Assistant Di-6
rector of the Custody Management Division of the 7
Enforcement and Removal Directorate. 8
(b) T
ECHNICAL AND CONFORMINGAMENDMENT.— 9
Section 241(g)(1) of the Immigration and Nationality Act 10
(8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex-11
pend from the appropriation ‘Immigration and Naturaliza-12
tion Service—Salaries and Expenses’,’’ and inserting 13
‘‘shall expend from the appropriation ‘U.S. Immigration 14
and Customs Enforcement—Operations and Support’,’’. 15
SEC. 9. FEDERAL CUSTODY OF ALIENS UNLAWFULLY 16
PRESENT IN THE UNITED STATES APPRE-17
HENDED BY STATE OR LOCAL LAW ENFORCE-18
MENT. 19
(a) S
TATEAPPREHENSION.— 20
(1) I
N GENERAL.—Chapter 4 of title II of the 21
Immigration and Nationality Act (8 U.S.C. 1221 et 22
seq.) is amended by inserting after section 240C the 23
following: 24
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‘‘SEC. 240D. CUSTODY OF ALIENS UNLAWFULLY PRESENT 1
IN THE UNITED STATES. 2
‘‘(a) D
EFINEDTERM.—In this section, the term 3
‘alien who is unlawfully present in the United States’ 4
means an alien who— 5
‘‘(1) entered the United States without inspec-6
tion or at any time, manner, or place not designated 7
by the Secretary of Homeland Security; 8
‘‘(2) was admitted as a nonimmigrant and who, 9
at the time the alien was taken into custody by the 10
State, or a political subdivision of the State, failed— 11
‘‘(A) to maintain the nonimmigrant status 12
in which the alien was admitted or to which it 13
was changed pursuant to section 248; or 14
‘‘(B) to comply with the conditions of any 15
such status; 16
‘‘(3) was admitted as an immigrant and subse-17
quently failed to comply with the requirements of 18
such status; or 19
‘‘(4) failed to depart the United States under a 20
voluntary departure agreement or under a final 21
order of removal. 22
‘‘(b) T
RANSFER OFCUSTODY BYSTATE ANDLOCAL 23
O
FFICIALS.—If a State, or a political subdivision of the 24
State, exercising authority with respect to the apprehen-25
sion or arrest of an alien who is unlawfully present in the 26
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United States, submits to the Secretary of Homeland Se-1
curity a request that such alien be taken into Federal cus-2
tody, the Secretary— 3
‘‘(1) not later than 48 hours after the conclu-4
sion of the State, or the political subdivision of a 5
State, charging process or dismissal process, or if no 6
State or political subdivision charging or dismissal 7
process is required, not later than 48 hours after the 8
alien is apprehended, shall take the alien into the 9
custody of the Federal Government and incarcerate 10
the alien; or 11
‘‘(2) shall request that the relevant State or 12
local law enforcement agency temporarily incarcerate 13
or transport the alien for transfer to Federal cus-14
tody. 15
‘‘(c) P
OLICY ONDETENTION INSTATE ANDLOCAL 16
D
ETENTION FACILITIES.—In carrying out section 17
241(g)(1), the Attorney General or the Secretary of 18
Homeland Security shall ensure that an alien arrested 19
pursuant to this Act is detained, pending the alien being 20
taken for an examination under this section, in a State 21
or local prison, jail, detention center, or other comparable 22
facility. Such a facility is adequate for detention if— 23
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‘‘(1) the facility is the most suitably located 1
Federal, State, or local facility available for such 2
purpose under the circumstances; 3
‘‘(2) an appropriate arrangement for such use 4
of the facility can be made; and 5
‘‘(3) the facility satisfies the standards for the 6
housing, care, and security of persons held in cus-7
tody of a United States marshal. 8
‘‘(d) R
EIMBURSEMENT.— 9
‘‘(1) I
N GENERAL.—The Secretary of Homeland 10
Security shall reimburse States and political subdivi-11
sions of a State for all reasonable expenses, as deter-12
mined by the Secretary, incurred by the State, or 13
political subdivision as a result of the incarceration 14
and transportation of an alien who is unlawfully 15
present in the United States. 16
‘‘(2) C
ALCULATION.—Compensation provided 17
pursuant to paragraph (1) shall be equal to the sum 18
of— 19
‘‘(A) the average cost of incarceration of a 20
prisoner in the relevant State for the period the 21
alien was incarcerated, as determined by the 22
chief executive officer of a State, or of a polit-23
ical subdivision of a State; and 24
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‘‘(B) the cost of transporting the alien 1
from the point of apprehension to the place of 2
detention, and to the custody transfer point if 3
the place of detention and the place of custody 4
are different. 5
‘‘(e) S
ECUREFACILITIES.—The Secretary of Home-6
land Security shall ensure that aliens incarcerated in Fed-7
eral facilities pursuant to this section are held in facilities 8
that provide an appropriate level of security. 9
‘‘(f) T
RANSFER.— 10
‘‘(1) I
N GENERAL.—In carrying out this sec-11
tion, the Secretary of Homeland Security shall es-12
tablish a regular circuit and schedule for the prompt 13
transfer of apprehended aliens from the custody of 14
States and political subdivisions of a State to Fed-15
eral custody. 16
‘‘(2) C
ONTRACTS.—The Secretary of Homeland 17
Security may enter into contracts, including appro-18
priate private contracts, to implement this sub-19
section.’’. 20
(2) C
LERICAL AMENDMENT .—The table of con-21
tents of the Immigration and Nationality Act (8 22
U.S.C. 1101 et seq.) is amended by inserting after 23
the item relating to section 240C the following: 24
‘‘Sec. 240D. Custody of aliens unlawfully present in the United States.’’.
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(b) GAO AUDIT.—Not later than 3 years after the 1
date of the enactment of this Act, the Comptroller General 2
of the United States shall conduct an audit of compensa-3
tion to States and political subdivisions of a State for the 4
incarceration of aliens unlawfully present in the United 5
States under section 240D of the Immigration and Na-6
tionality Act, as added by subsection (a)(1). 7
SEC. 10. TRAINING OF STATE AND LOCAL LAW ENFORCE-8
MENT PERSONNEL RELATING TO THE EN-9
FORCEMENT OF IMMIGRATION LAWS. 10
(a) E
STABLISHMENT OF TRAININGMANUAL AND 11
P
OCKETGUIDE.—Not later than 180 days after the date 12
of the enactment of this Act, the Secretary shall develop— 13
(1) a manual to train law enforcement per-14
sonnel of a State, or of a political subdivision of a 15
State, on the investigation, identification, apprehen-16
sion, arrest, detention, and transfer to Federal cus-17
tody of aliens unlawfully present in the United 18
States (including the transportation of such aliens 19
across State lines to detention centers and the iden-20
tification of fraudulent documents); and 21
(2) an immigration enforcement pocket guide 22
for law enforcement personnel of a State, or of a po-23
litical subdivision of a State, to provide a quick ref-24
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erence for such personnel in the course of carrying 1
out their duties. 2
(b) A
VAILABILITY.—The training manual and pocket 3
guide developed pursuant to subsection (a) shall be made 4
available to all State and local law enforcement personnel. 5
(c) C
OSTS.—The Secretary shall be responsible for 6
any costs incurred in developing the training manual and 7
pocket guide pursuant to subsection (a). 8
(d) R
ULE OFCONSTRUCTION.—Nothing in this sec-9
tion may be construed to require State or local law en-10
forcement personnel to carry the training manual or pock-11
et guide with them while on duty. 12
(e) T
RAININGFLEXIBILITY.— 13
(1) I
N GENERAL.—The Secretary shall make 14
training of State and local law enforcement officers 15
available through as many means as possible, includ-16
ing through— 17
(A) residential training at the Center for 18
Domestic Preparedness of the Federal Emer-19
gency Management Agency; 20
(B) onsite training held at State or local 21
police agencies or facilities; 22
(C) online training courses by computer, 23
teleconferencing, and videotape; or 24
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(D) training courses made available on 1
DVD. 2
(2) E-
LEARNING.—Not later than 120 days 3
after the date of the enactment of this Act, the Sec-4
retary shall ensure that— 5
(A) an e-learning portal is made available 6
through the Federal Law Enforcement Training 7
Center’s Distributed Learning Program to train 8
State and local law enforcement officers 9
through a secure, encrypted distributed learning 10
system; and 11
(B) the system described in subparagraph 12
(A) is scalable and survivable and has all its 13
servers based in the United States. 14
(3) P
RIORITY.—In carrying out this section, 15
priority funding shall be given for existing web-based 16
immigration enforcement training systems. 17
(4) F
EDERAL PERSONNEL TRAINING .—The 18
training of State and local law enforcement per-19
sonnel under this section shall not displace the train-20
ing of Federal personnel. 21
(5) S
AVINGS PROVISION.—Nothing in this Act 22
or in any other provision of law may be construed 23
as making any immigration-related training a re-24
quirement for, or prerequisite to, any State or local 25
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law enforcement officer assisting in the enforcement 1
of Federal immigration laws in the normal course of 2
carrying out the law enforcement duties of such offi-3
cers. 4
SEC. 11. IMMUNITY. 5
(a) P
ERSONALIMMUNITY.—A law enforcement offi-6
cer of a State or local law enforcement agency who is act-7
ing within the scope of the officer’s official duties shall 8
be immune, to the same extent as a Federal law enforce-9
ment officer, from personal liability arising out of the per-10
formance of any duty described in this Act. 11
(b) A
GENCYIMMUNITY.—A State or local law en-12
forcement agency shall be immune from any claim for 13
money damages based on Federal, State, or local civil 14
rights law for an incident arising out of the enforcement 15
of any Federal immigration law, except to the extent a 16
law enforcement officer of such agency committed a viola-17
tion of Federal, State, or local criminal law in the course 18
of enforcing such immigration law. 19
SEC. 12. INSTITUTIONAL REMOVAL PROGRAM. 20
(a) C
ONTINUATION ANDEXPANSION.— 21
(1) I
N GENERAL.—The Secretary shall continue 22
to operate and implement the program known as the 23
Institutional Removal Program, which— 24
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(A) identifies removable criminal aliens in 1
Federal and State correctional facilities; 2
(B) ensures such aliens are not released 3
into the community; and 4
(C) removes such aliens from the United 5
States after the completion of their respective 6
sentences. 7
(2) E
XPANSION.—The Institutional Removal 8
Program shall be extended to all States. Any State 9
that receives Federal funds for the incarceration of 10
criminal aliens shall— 11
(A) cooperate with officials of the Institu-12
tional Removal Program; 13
(B) expeditiously and systematically iden-14
tify all criminal aliens in its prison and jail pop-15
ulations; and 16
(C) promptly convey such information to 17
officials of the Institutional Removal Program 18
as a condition of receiving such Federal funds. 19
(b) A
UTHORIZATION FOR DETENTIONAFTERCOM-20
PLETION OFSTATE ORLOCALPRISONSENTENCE.—Law 21
enforcement officers of a State, or of a political subdivision 22
of a State, may— 23
(1) hold a criminal alien for a period of up to 24
14 days after the alien has completed the alien’s 25
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State prison sentence in order to effectuate the 1
transfer of the alien to Federal custody when the 2
alien is removable or not lawfully present in the 3
United States; or 4
(2) issue a detainer that would allow aliens who 5
have served a State prison sentence to be detained 6
by the State prison until personnel from U.S. Immi-7
gration and Customs Enforcement can take such 8
alien into custody. 9
(c) T
ECHNOLOGYUSAGE.—Technology, such as video 10
conferencing, shall be used to the maximum extent prac-11
ticable to make the Institutional Removal Program avail-12
able in remote locations. Mobile access to Federal data-13
bases of aliens, such as IDENT, and live scan technology 14
shall be used, to the maximum extent practicable, to make 15
such resources available to State and local law enforce-16
ment agencies in remote locations. 17
SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 18
(a) I
NGENERAL.—There are authorized to be appro-19
priated to the Department of Homeland Security, for fis-20
cal year 2025, and for each subsequent fiscal year, such 21
sums as may be necessary to carry out this Act. 22
(b) S
TATECRIMINALALIENASSISTANCEPRO-23
GRAM.—Section 241(i)(5) of the Immigration and Nation-24
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•HR 1927 IH
ality Act (8 U.S.C. 1231(i)(5)) is amended to read as fol-1
lows: 2
‘‘(5) A
UTHORIZATION OF APPROPRIATIONS .— 3
There are authorized to be appropriated to carry out 4
this subsection such sums as may be necessary for 5
fiscal year 2025 and for each subsequent fiscal 6
year.’’. 7
SEC. 14. SEVERABILITY. 8
If any provision of this Act or of any amendment 9
made by this Act, or the application of such provision or 10
amendment to any person or circumstance, is held to be 11
invalid, the remainder of the provisions of this Act and 12
of the amendments made by this Act, and the application 13
of any such provision or amendment to other persons not 14
similarly situated or to other circumstances, shall not be 15
affected. 16
Æ
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