Overview
Title
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.
ELI5 AI
The CLEAR Act of 2025 is a plan to let local police help with immigration rules by catching and holding people who might not have the right papers to live in the country. It also offers money to these police groups to make it easier for everyone to work together.
Summary AI
H.R. 1927, the "CLEAR Act of 2025," seeks to strengthen the enforcement of U.S. immigration laws by allowing state and local law enforcement agencies to assist federal officers. The bill enables these agencies to report immigration violations, transport and detain suspected unauthorized immigrants, and receive financial support for assisting in immigration enforcement. It also mandates expanded federal detention facilities and provides training for state and local officers on handling immigration-related duties. Additionally, the legislation includes provisions to protect officers from personal liability and encourages state and local cooperation through financial incentives.
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AnalysisAI
General Summary of the Bill
The proposed legislation, referred to as the Clear Law Enforcement for Criminal Alien Removal Act of 2025 or the CLEAR Act of 2025, seeks to bolster the enforcement of immigration laws at the federal, state, and local levels. Key provisions of the bill allow state and local law enforcement agencies to participate actively in identifying and detaining individuals who are allegedly in violation of immigration laws. The bill also proposes amendments to integrate immigration violators into the National Crime Information Center database and creates financial incentives for states that comply with federal immigration enforcement. Additionally, the bill aims to expand detention facilities, improve training for law enforcement personnel, and authorizes the necessary funding to implement these actions.
Summary of Significant Issues
A number of significant issues arise from the provisions within the bill. The section defining "Immunity" provides broad protections to state and local officers, raising concerns about potential civil rights violations and lack of accountability. The bill further pressures states to cooperate with federal immigration enforcement by withholding funds from non-compliant states, which could be seen as an overreach of federal power. The proposal for building new detention centers lacks detailed financial plans or justifications, potentially leading to budget concerns. Additionally, measures related to data sharing on immigration violators are not accompanied by comprehensive privacy oversight, potentially risking violations of individual rights. Also, the bill seems to limit collaboration exclusively to the Secretary of Homeland Security, reducing inputs from other relevant agencies, which might stifle effective implementation.
Impact on the Public
This bill could have a broad impact on various segments of the public. By potentially enhancing immigration enforcement, it might address the enforcement of existing immigration laws and perhaps curtail illegal immigration. However, it raises significant concerns related to individual privacy, civil liberties, and human rights. The potential for increased federal detention facilities may affect communities where these facilities would be sited, raising issues of local infrastructure impact and taxpayer expenditures. The threat of withdrawing federal funds from non-complying states could affect public services, including education and health, which are often subsidized by such funds.
Impact on Specific Stakeholders
Law Enforcement Agencies: The bill offers financial support and training opportunities to law enforcement agencies willing to align with federal immigration enforcement efforts. However, it may strain these agencies due to increased responsibilities without a commensurate increase in oversight and support, particularly where privacy and civil rights are concerned.
Federal and State Governments: The law proposes a shift in more immigration enforcement responsibilities to state and local agencies, which might reduce the financial and operational burden on federal resources. Yet, it could also push states into compliance through financial coercion, potentially leading to tensions between federal and state jurisdictions and eroding states' rights.
Undocumented and Immigrant Communities: These groups might experience significant impacts, with increased likelihood of detention and deportation. They may also face heightened discrimination or incidents of profiling by law enforcement due to the broad enforcement powers granted by this bill.
Legal and Human Rights Groups: These entities may raise serious concerns about civil rights violations, unfair treatment, and the potential misuse of the broad powers granted by the bill. Legal challenges could ensue, focusing on the bill's implications for personal freedoms and due process.
Conclusion
While the CLEAR Act of 2025 endeavors to address issues related to immigration enforcement by enhancing coordination among federal, state, and local authorities, it presents challenges around civil rights, state-federal power dynamics, and fiscal responsibility. The potential effects on various stakeholders warrant thorough scrutiny and debate to ensure that the legislation effectively balances national security interests with the protection of individual rights and state sovereignty.
Issues
The definition of 'Immunity' in Section 11 is vague, providing broad protections to state and local law enforcement officers and agencies. This lack of clarity could lead to a reduction in accountability and potential violations of civil rights, raising significant legal and ethical concerns.
Section 4 might pressure states to comply with federal immigration law enforcement by withholding federal funds from those that do not cooperate. This could be perceived as federal overreach, impacting states' rights and leading to political and fiscal imbalances between states.
Section 8 mandates significant expansion in detention facilities without providing detailed cost estimates or funding sources for the construction or acquisition of new facilities. This could lead to budget overruns and wasteful spending, raising financial concerns.
Sections 5 and 6 involve the sharing and handling of immigration violators' information, which lacks clear oversight and accountability measures. This raises issues around privacy, data misuse, and the accuracy of records, which have significant legal and ethical implications.
Section 2 defines 'Secretary' as solely the Secretary of Homeland Security, potentially excluding important collaboration with other agencies that could be essential for effective implementation, which might be seen as limiting comprehensive enforcement oversight.
Section 13 uses the phrase 'such sums as may be necessary' for appropriations without clear budget limits or oversight, creating potential for unchecked spending and fiscal irresponsibility over the long term.
Section 3 reaffirms state and local law enforcement authority in immigration matters without specifying limits, which could lead to conflicts with federal law and inconsistent enforcement across states, raising legal and practical concerns.
Section 9 provides for federal custody of aliens apprehended by state or local law enforcement but lacks clear definitions for reimbursement limits and appropriate security standards, potentially leading to fiscal inequalities and security risks.
The 'Institutional Removal Program' described in Section 12 could lead to coercive federal funding conditions for states, pressuring them to identify and report all removable criminal aliens, potentially straining state resources and raising ethical issues.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short titles; table of contents Read Opens in new tab
Summary AI
The introduction of this Act provides its short titles, the "Clear Law Enforcement for Criminal Alien Removal Act of 2025" or "CLEAR Act of 2025," and lists the sections of the Act, which cover topics including the role of states in immigration law enforcement, information sharing with federal entities, financial assistance for law enforcement, and related procedures and authorizations.
2. Definitions Read Opens in new tab
Summary AI
The section defines terms used in the Act, specifying that "Secretary" refers to the Secretary of Homeland Security, and "State" is defined according to a specific section of the Immigration and Nationality Act.
3. Federal affirmation of assistance in the immigration law enforcement by States and political subdivisions of States Read Opens in new tab
Summary AI
State and local law enforcement officers have the power to help enforce U.S. immigration laws by identifying, arresting, and transferring immigrants to federal custody. This authority is confirmed as natural to states and has not been overridden by Congress.
4. State authorization for assistance in the enforcement of immigration laws encouraged Read Opens in new tab
Summary AI
This section encourages States to allow their law enforcement officers to help enforce federal immigration laws, as those that don't won't receive certain federal funds. It also clarifies that law enforcement officers are not required to report or arrest crime victims or witnesses, and any funding removed from non-complying States will be redirected to those that comply.
5. Listing of immigration violators in the National Crime Information Center database Read Opens in new tab
Summary AI
The section mandates that the Commissioner for U.S. Customs and Border Protection must regularly give the National Crime Information Center (NCIC) details about certain immigration violators, such as those with removal orders or expired visas. The NCIC will add this data to their Immigration Violators File, even if the person hasn't been notified, has already been deported, or if there's limited identification available. Moreover, the law requires modifications to the U.S. Code to ensure that records of immigration violations are collected and preserved, with these changes being enforced within six months.
6. State and local law enforcement provision of information about apprehended aliens Read Opens in new tab
Summary AI
State and local law enforcement agencies are required to share information with the Secretary of Homeland Security about apprehended individuals suspected of violating U.S. immigration laws. This includes details like the person's name, address, physical description, and, if available, additional identification. The Secretary must report annually to Congress on compliance and reimburse law enforcement for related expenses but does not require sharing information about crime victims or witnesses.
7. Financial assistance to State and local law enforcement agencies that assist in the enforcement of immigration laws Read Opens in new tab
Summary AI
The section outlines that the Secretary can give grants to state and local law enforcement for equipment and facilities to help enforce immigration laws. To be eligible, these agencies must assist in immigration enforcement and not have policies stopping officers from checking a person's immigration status. It also mandates an audit of the funds used, three years after the law's enactment.
8. Increased Federal detention space Read Opens in new tab
Summary AI
The section mandates the Secretary to build or acquire 20 new detention facilities in the U.S. for housing aliens awaiting removal. It also updates a legal provision to specify that funding for these facilities comes from U.S. Immigration and Customs Enforcement's budget.
9. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement Read Opens in new tab
Summary AI
The section outlines the procedures for transferring custody of undocumented immigrants from state or local law enforcement to federal authorities. It specifies timely detention requirements, reimbursement to states for associated costs, and the provision of secure facilities to ensure appropriate handling throughout the process.
240D. Custody of aliens unlawfully present in the United States Read Opens in new tab
Summary AI
The text outlines the handling of aliens unlawfully present in the U.S. It defines the term "alien unlawfully present," describes the process for state and local officials to request federal custody of such persons, and mandates prompt federal incarceration or detention while providing guidelines for facilities and reimbursement for states.
10. Training of State and local law enforcement personnel relating to the enforcement of immigration laws Read Opens in new tab
Summary AI
The section outlines that the Secretary will create a training manual and pocket guide for state and local law enforcement to help them handle cases involving individuals who are unlawfully in the U.S. It explains the different ways this training will be offered, including online options, and clarifies that this training is not required for law enforcement officers to perform their regular duties related to immigration enforcement.
11. Immunity Read Opens in new tab
Summary AI
Law enforcement officers and agencies in a state or local area are protected from being personally sued while doing their job, just like federal officers. However, an agency can still be sued if one of its officers breaks the law while enforcing immigration laws.
12. Institutional Removal Program Read Opens in new tab
Summary AI
The Institutional Removal Program is designed to identify, detain, and remove criminal aliens from the U.S. after they complete their prison sentences. The program will be expanded to every state, and each state that gets federal money for holding criminal aliens must work with the program. Local officers can detain these aliens for up to 14 days after they finish their state prison sentence so federal agents can take custody. Additionally, technology like video conferencing and mobile access to federal databases will be used to support remote locations.
13. Authorization of appropriations Read Opens in new tab
Summary AI
The text authorizes the U.S. Department of Homeland Security to receive whatever funds are necessary from the government for the year 2025 and every year after to implement this Act. It also updates a section of the Immigration and Nationality Act to allow necessary funding for a specific program each year starting in 2025.
14. Severability Read Opens in new tab
Summary AI
If any part of this law or its amendments is found to be invalid, the rest of the law and its amendments will still remain in effect and apply to those not affected by the invalidity.