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CLEAR Act of 2025

USA119th CongressS-114| Senate 
| Updated: 1/16/2025
Marsha Blackburn

Marsha Blackburn

Republican Senator

Tennessee

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The Clear Law Enforcement for Criminal Alien Removal Act of 2025, or CLEAR Act of 2025, seeks to significantly enhance the enforcement of federal immigration laws by increasing the participation and cooperation of State and local law enforcement agencies. It explicitly reaffirms the inherent authority of State and local personnel to investigate, identify, apprehend, arrest, detain, or transfer aliens to federal custody for immigration enforcement purposes. The bill encourages State and local assistance by penalizing non-cooperation; States or political subdivisions with policies prohibiting such assistance will lose federal funds otherwise allocated under the State Criminal Alien Assistance Program (SCAAP). The legislation mandates improved information sharing, requiring U.S. Customs and Border Protection to provide data on immigration violators, including those with final removal orders or visa revocations, to the National Crime Information Center (NCIC) for inclusion in an "Immigration Violators File." Additionally, State and local law enforcement agencies are required to submit timely information about apprehended aliens believed to be in violation of immigration laws to the Secretary of Homeland Security, with the federal government reimbursing reasonable costs incurred for this reporting. To support increased enforcement, the bill authorizes grants to States and political subdivisions for equipment, technology, and facilities related to investigating, apprehending, and detaining aliens. It also mandates the construction or acquisition of 20 new federal detention facilities to increase capacity for aliens detained pending removal. Furthermore, it establishes a process for federal custody of unlawfully present aliens apprehended by State or local law enforcement, requiring the Secretary of Homeland Security to take custody within 48 hours and reimburse States for incarceration and transportation costs. The Act also focuses on training and legal protections for cooperating officers. It directs the Secretary to develop a training manual and pocket guide for State and local law enforcement on immigration enforcement, making training available through various flexible means. Significantly, the bill grants personal immunity to State and local law enforcement officers acting within their official duties, to the same extent as federal officers, and provides agency immunity from civil rights claims arising from immigration enforcement, except in cases of criminal law violations. Finally, the bill continues and expands the Institutional Removal Program to all States, requiring States receiving federal funds for criminal alien incarceration to cooperate in identifying and removing such aliens. It authorizes State and local officers to hold criminal aliens for up to 14 days after their State sentence completion to facilitate transfer to federal custody. The bill also authorizes necessary appropriations for its implementation and for the State Criminal Alien Assistance Program.
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Timeline

Bill from Previous Congress

S 116-547
CLEAR Act

Bill from Previous Congress

S 117-4333
CLEAR Act

Bill from Previous Congress

S 118-3881
CLEAR Act of 2024
Jan 16, 2025
Introduced in Senate
Jan 16, 2025
Read twice and referred to the Committee on the Judiciary.
Feb 6, 2025

Latest Companion Bill Action

HR 119-1099
Introduced in House
  • Bill from Previous Congress

    S 116-547
    CLEAR Act


  • Bill from Previous Congress

    S 117-4333
    CLEAR Act


  • Bill from Previous Congress

    S 118-3881
    CLEAR Act of 2024


  • January 16, 2025
    Introduced in Senate


  • January 16, 2025
    Read twice and referred to the Committee on the Judiciary.


  • February 6, 2025

    Latest Companion Bill Action

    HR 119-1099
    Introduced in House

Immigration

Related Bills

  • HR 119-1927: CLEAR Act of 2025

CLEAR Act of 2025

USA119th CongressS-114| Senate 
| Updated: 1/16/2025
The Clear Law Enforcement for Criminal Alien Removal Act of 2025, or CLEAR Act of 2025, seeks to significantly enhance the enforcement of federal immigration laws by increasing the participation and cooperation of State and local law enforcement agencies. It explicitly reaffirms the inherent authority of State and local personnel to investigate, identify, apprehend, arrest, detain, or transfer aliens to federal custody for immigration enforcement purposes. The bill encourages State and local assistance by penalizing non-cooperation; States or political subdivisions with policies prohibiting such assistance will lose federal funds otherwise allocated under the State Criminal Alien Assistance Program (SCAAP). The legislation mandates improved information sharing, requiring U.S. Customs and Border Protection to provide data on immigration violators, including those with final removal orders or visa revocations, to the National Crime Information Center (NCIC) for inclusion in an "Immigration Violators File." Additionally, State and local law enforcement agencies are required to submit timely information about apprehended aliens believed to be in violation of immigration laws to the Secretary of Homeland Security, with the federal government reimbursing reasonable costs incurred for this reporting. To support increased enforcement, the bill authorizes grants to States and political subdivisions for equipment, technology, and facilities related to investigating, apprehending, and detaining aliens. It also mandates the construction or acquisition of 20 new federal detention facilities to increase capacity for aliens detained pending removal. Furthermore, it establishes a process for federal custody of unlawfully present aliens apprehended by State or local law enforcement, requiring the Secretary of Homeland Security to take custody within 48 hours and reimburse States for incarceration and transportation costs. The Act also focuses on training and legal protections for cooperating officers. It directs the Secretary to develop a training manual and pocket guide for State and local law enforcement on immigration enforcement, making training available through various flexible means. Significantly, the bill grants personal immunity to State and local law enforcement officers acting within their official duties, to the same extent as federal officers, and provides agency immunity from civil rights claims arising from immigration enforcement, except in cases of criminal law violations. Finally, the bill continues and expands the Institutional Removal Program to all States, requiring States receiving federal funds for criminal alien incarceration to cooperate in identifying and removing such aliens. It authorizes State and local officers to hold criminal aliens for up to 14 days after their State sentence completion to facilitate transfer to federal custody. The bill also authorizes necessary appropriations for its implementation and for the State Criminal Alien Assistance Program.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 116-547
CLEAR Act

Bill from Previous Congress

S 117-4333
CLEAR Act

Bill from Previous Congress

S 118-3881
CLEAR Act of 2024
Jan 16, 2025
Introduced in Senate
Jan 16, 2025
Read twice and referred to the Committee on the Judiciary.
Feb 6, 2025

Latest Companion Bill Action

HR 119-1099
Introduced in House
  • Bill from Previous Congress

    S 116-547
    CLEAR Act


  • Bill from Previous Congress

    S 117-4333
    CLEAR Act


  • Bill from Previous Congress

    S 118-3881
    CLEAR Act of 2024


  • January 16, 2025
    Introduced in Senate


  • January 16, 2025
    Read twice and referred to the Committee on the Judiciary.


  • February 6, 2025

    Latest Companion Bill Action

    HR 119-1099
    Introduced in House
Marsha Blackburn

Marsha Blackburn

Republican Senator

Tennessee

Judiciary Committee

Immigration

Related Bills

  • HR 119-1927: CLEAR Act of 2025
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted