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

S. 114 is a plan to help police work together to follow immigration rules by sharing more tools and training, but if some places choose not to help, they might not get certain money from the government.

Summary AI

S. 114 aims to boost the collaboration between federal, state, and local authorities in enforcing immigration laws. It encourages states and localities to aid federal efforts by providing training, equipment funding, and additional detention facilities. The bill mandates that any state restricting law enforcement from cooperating with federal immigration enforcement won't receive certain federal funds. It also envisions a tracking system for immigration violators and offers protection against liability for officers involved in enforcing immigration laws.

Published

2025-01-16
Congress: 119
Session: 1
Chamber: SENATE
Status: Introduced in Senate
Date: 2025-01-16
Package ID: BILLS-119s114is

Bill Statistics

Size

Sections:
15
Words:
4,444
Pages:
21
Sentences:
114

Language

Nouns: 1,414
Verbs: 299
Adjectives: 248
Adverbs: 43
Numbers: 120
Entities: 326

Complexity

Average Token Length:
4.40
Average Sentence Length:
38.98
Token Entropy:
5.20
Readability (ARI):
22.37

AnalysisAI

The bill titled the “Clear Law Enforcement for Criminal Alien Removal Act of 2025” (CLEAR Act of 2025) aims to bolster the enforcement of immigration laws by enhancing the cooperation between federal, state, and local agencies. This legislative measure seeks to amend the Immigration and Nationality Act to encourage local law enforcement to actively participate in immigration enforcement, and it authorizes funding to carry out these initiatives.

General Summary of the Bill

The CLEAR Act of 2025 includes several significant components. It emphasizes the role of state and local law enforcement in assisting federal efforts to enforce immigration laws. It proposes adding immigration violators to the National Crime Information Center database to facilitate the tracking and enforcement of immigration rules. The bill also plans to construct or acquire additional detention facilities nationwide. Furthermore, it mandates training for local and state law enforcement on immigration law enforcement tasks and provides financial grants to support these local entities. It also introduces the Institutional Removal Program to help manage the location, detention, and removal of criminal aliens.

Summary of Significant Issues

One of the most notable issues is the potential withholding of federal funds from states that do not comply with immigration enforcement, which raises concerns about states' rights and possible federal overreach. The bill’s provisions for new detention facilities lack detailed cost estimates, posing risks of financial mismanagement. The immunity granted to law enforcement may lead to accountability issues, as its scope remains unclear. The listing of immigration violators in the national database without adequate accuracy assurances further presents privacy concerns, potentially leading to misinformation and misuse. The broad authorization for appropriations under the bill signals risks of unchecked spending. Additionally, the requirement for states to collaborate with the Institutional Removal Program to access federal funds might be seen as coercive.

Impact on the Public

The general public might see varied impacts from this bill. On one hand, the enhanced enforcement of immigration laws could translate into more secure borders and reduced illegal immigration, which some sectors of the public might find favorable. On the other hand, the financial implications like building new detention centers could increase the taxpayer burden, particularly if fiscal measures are not clearly delineated or managed properly. Privacy concerns highlighted by the possible misuse of immigration databases might affect public trust in law enforcement.

Impacts on Stakeholders

State and Local Governments: These entities could face increased responsibilities and potential financial burdens due to the bill’s directives. They may have to divert resources to comply with its requirements or risk losing federal funding. For states with progressive immigration policies, this bill could be particularly contentious.

Law Enforcement Agencies: These agencies might receive additional resources and support for immigration enforcement. However, the unclear scope of immunity might create legal ambiguities and challenges if officers misuse their enhanced powers.

Immigrant Communities: There is potential for increased fear and mistrust in these communities as local law enforcement becomes more involved in immigration enforcement, possibly leading to reduced cooperation with police in community safety matters.

Federal Government: While the government might achieve greater alignment and cooperation in immigration enforcement, the bill's lack of financial caps and oversight could strain federal resources.

In conclusion, while the CLEAR Act of 2025 intends to fortify the enforcement of immigration laws, its implementation may present complexities and challenges from legal, financial, and societal perspectives. Stakeholders might experience both positive reinforcement of security measures and potential negative implications related to civil liberties and state autonomy.

Issues

  • Section 4: There is concern over federal funds being withheld from states or local governments that do not assist with federal immigration enforcement, which might impact their budgets and operations. This could raise significant debate over states' rights and the potential for federal overreach.

  • Section 8: The bill mandates the construction or acquisition of 20 new detention facilities without detailed cost estimates or funding sources, potentially leading to financial mismanagement and increased taxpayer burden.

  • Section 11: The immunity provision lacks clarity on the extent and scope of immunity granted to law enforcement officers, raising legal concerns about accountability, oversight, and the potential for misuse of power when enforcing immigration laws.

  • Section 5: The listing of immigration violators in the National Crime Information Center database without ensuring the accuracy and timeliness of the information raises privacy concerns and risks of data misuse.

  • Section 10: The mandate for developing a training manual for law enforcement includes unspecified costs and does not address potential redundancies, raising financial concerns regarding wasteful spending.

  • Section 9: The process for federal custody of aliens apprehended by state or local law enforcement is vague on standards for facilities and reimbursement of expenses, potentially leading to inconsistencies and disputes.

  • Section 12: The requirement for states to cooperate with the Institutional Removal Program to receive federal funds could be considered coercive, affecting the balance of state and federal responsibilities.

  • Section 7: The lack of detailed guidelines and oversight mechanisms for the financial assistance grants to state and local law enforcement agencies poses risks of fund misuse and unequal distribution.

  • Section 13: The phrase 'such sums as may be necessary' for appropriations is vague and could lead to unchecked government spending without clear budgetary limits.

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 the development of a training manual and pocket guide for State and local law enforcement on immigration law enforcement, which will be created by the Secretary within six months. It specifies that training will be accessible through various methods, such as residential, onsite, online, or DVD, and an e-learning system will be implemented within 120 days, all at no cost to State and local officers, and it does not obligate them to carry the training materials while on duty.

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.