The Clear Law Enforcement for Criminal Alien Removal Act of 2025, or CLEAR Act, seeks to significantly enhance federal, state, and local assistance in enforcing immigration laws. It explicitly affirms the inherent authority of state and local law enforcement to investigate, apprehend, and transfer aliens to federal custody for immigration enforcement purposes. To encourage cooperation, the bill stipulates that states or political subdivisions with policies prohibiting assistance to federal immigration enforcement will lose certain federal funds, which will then be reallocated to compliant jurisdictions. The Act mandates that U.S. Customs and Border Protection provide information on immigration violators, including those with final removal orders or visa revocations, to the National Crime Information Center (NCIC) database, creating an "Immigration Violators File." State and local law enforcement agencies are required to submit detailed information about apprehended aliens believed to be in violation of immigration laws to the Secretary of Homeland Security, with reimbursement for associated costs. Furthermore, the bill directs the construction or acquisition of 20 new federal detention facilities to increase capacity for detained aliens. The legislation amends the Immigration and Nationality Act to require the Secretary of Homeland Security to take federal custody of unlawfully present aliens apprehended by state or local law enforcement within 48 hours, or request temporary state/local incarceration. It also mandates the development of training manuals and pocket guides for state and local personnel on immigration enforcement, making this training widely available. Importantly, the Act grants state and local law enforcement officers acting within their official duties immunity from personal liability to the same extent as federal officers, and provides agency immunity from civil rights claims, except in cases of criminal law violations. The bill continues and expands the Institutional Removal Program (IRP) to all states, requiring states receiving federal funds for criminal alien incarceration to cooperate in identifying and removing criminal aliens. It authorizes state and local officers to hold criminal aliens for up to 14 days or issue detainers for transfer to federal custody. Finally, the Act authorizes necessary appropriations for its implementation and for the State Criminal Alien Assistance Program (SCAAP) for fiscal year 2025 and subsequent years.
The Clear Law Enforcement for Criminal Alien Removal Act of 2025, or CLEAR Act, seeks to significantly enhance federal, state, and local assistance in enforcing immigration laws. It explicitly affirms the inherent authority of state and local law enforcement to investigate, apprehend, and transfer aliens to federal custody for immigration enforcement purposes. To encourage cooperation, the bill stipulates that states or political subdivisions with policies prohibiting assistance to federal immigration enforcement will lose certain federal funds, which will then be reallocated to compliant jurisdictions. The Act mandates that U.S. Customs and Border Protection provide information on immigration violators, including those with final removal orders or visa revocations, to the National Crime Information Center (NCIC) database, creating an "Immigration Violators File." State and local law enforcement agencies are required to submit detailed information about apprehended aliens believed to be in violation of immigration laws to the Secretary of Homeland Security, with reimbursement for associated costs. Furthermore, the bill directs the construction or acquisition of 20 new federal detention facilities to increase capacity for detained aliens. The legislation amends the Immigration and Nationality Act to require the Secretary of Homeland Security to take federal custody of unlawfully present aliens apprehended by state or local law enforcement within 48 hours, or request temporary state/local incarceration. It also mandates the development of training manuals and pocket guides for state and local personnel on immigration enforcement, making this training widely available. Importantly, the Act grants state and local law enforcement officers acting within their official duties immunity from personal liability to the same extent as federal officers, and provides agency immunity from civil rights claims, except in cases of criminal law violations. The bill continues and expands the Institutional Removal Program (IRP) to all states, requiring states receiving federal funds for criminal alien incarceration to cooperate in identifying and removing criminal aliens. It authorizes state and local officers to hold criminal aliens for up to 14 days or issue detainers for transfer to federal custody. Finally, the Act authorizes necessary appropriations for its implementation and for the State Criminal Alien Assistance Program (SCAAP) for fiscal year 2025 and subsequent years.