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, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes.

ELI5 AI

S. 3881, the CLEAR Act of 2024, is a bill that wants local police to help the government with immigration rules by giving them more money and tools, and it also plans to build more places to hold people who don't follow these rules.

Summary AI

S. 3881, also known as the "CLEAR Act of 2024," aims to enhance cooperation between federal, state, and local governments in enforcing immigration laws in the United States. The bill encourages state and local law enforcement to assist federal immigration authorities by providing them with necessary training, resources, and financial support. It also includes provisions for increasing detention facilities, listing immigration violators in national databases, and ensuring the timely transfer of custody for aliens apprehended by state or local officials. Additionally, the bill outlines immunity for law enforcement officers acting within their official duties while enforcing immigration laws.

Published

2024-03-06
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-03-06
Package ID: BILLS-118s3881is

Bill Statistics

Size

Sections:
15
Words:
4,462
Pages:
21
Sentences:
97

Language

Nouns: 1,399
Verbs: 298
Adjectives: 257
Adverbs: 42
Numbers: 132
Entities: 264

Complexity

Average Token Length:
4.40
Average Sentence Length:
46.00
Token Entropy:
5.20
Readability (ARI):
25.90

AnalysisAI

General Summary of the Bill

The proposed legislation, known as the "Clear Law Enforcement for criminal Alien Removal Act of 2024," or "CLEAR Act of 2024," aims to enhance cooperation between federal, state, and local governments in enforcing immigration laws. The bill outlines various measures, including financial assistance for law enforcement agencies, the inclusion of immigration violators in a national crime database, expansion of detention facilities, training for law enforcement personnel, and protections for officers involved in immigration enforcement. Additionally, the bill authorizes appropriations for the implementation of these measures.

Summary of Significant Issues

Several significant issues emerge from the text of the bill. First, the bill's title and objectives may be seen as politically charged, potentially exacerbating political tensions and impacting community relations. Second, the provision that withholds federal funding from states that do not cooperate with federal immigration enforcement could have unintended financial consequences for state and local law enforcement agencies. Third, the inclusion of individuals in the National Crime Information Center database without sufficient identifying information could raise privacy and legal concerns. Furthermore, the requirement to construct new detention facilities without a demonstrated need may lead to unnecessary federal spending. Another concern is the 48-hour requirement for federal custody of apprehended aliens, which might be difficult to achieve, leading to potential logistical and financial challenges for states and localities. The bill also grants immunity to law enforcement officers and agencies, which could limit accountability and raise civil rights concerns.

Impact on the Public

The bill, if enacted, could have a broad impact on the public, particularly in communities with significant immigrant populations. The increased involvement of state and local law enforcement in immigration matters may lead to heightened tensions in these communities, potentially affecting the relationship between law enforcement and residents. Privacy concerns may arise due to data-sharing mandates, particularly if individuals are entered into the national database without adequate justification. On the other hand, supporters might argue that the bill offers additional resources and support to local authorities in managing immigration enforcement, potentially improving compliance with federal laws.

Impact on Specific Stakeholders

For state and local law enforcement agencies, the bill presents both opportunities and challenges. Financial aid for equipment and training could enhance their capability to manage immigration-related issues. However, agencies in states with restrictive immigration policies might face budgetary shortfalls due to the loss of federal funds if they choose not to participate in federal immigration enforcement.

Immigrant communities may experience increased scrutiny and legal challenges, potentially affecting their level of trust in law enforcement and their willingness to report crimes or cooperate in investigations. Legal concerns might also arise, given the implications for civil rights and the potential for errors in the enforcement process.

Overall, the bill seeks to tackle complex issues surrounding immigration enforcement; however, the outlined measures could lead to unintended economic, social, and legal implications for a range of stakeholders involved. To mitigate these challenges, more detailed guidelines and transparency in implementation may be necessary.

Issues

  • Section 1: The short title 'Clear Law Enforcement for criminal Alien Removal Act of 2024' may be politically charged and polarizing, potentially impacting community relations and contributing to political divisiveness.

  • Section 4: The stipulation that states with statutes or policies prohibiting cooperation with federal immigration enforcement may not receive certain funds is a strong stance that could severely impact state or local law enforcement budgets, leading to potential unintended negative consequences.

  • Section 5: Including aliens in the National Crime Information Center database without a final order of removal or sufficient identifying information could raise legal and privacy issues, potentially affecting individuals' rights.

  • Section 8: Mandating the construction of 20 new detention facilities without detailed justification or a needs analysis may imply significant federal spending without evidence of necessity, raising concerns over wasteful expenditure.

  • Section 9: The requirement for federal custody of apprehended aliens within 48 hours might be challenging to meet, potentially leading to additional costs or legal liabilities for state and local jurisdictions.

  • Section 11: Granting immunity to state and local law enforcement officers and agencies from claims arising out of federal immigration law enforcement might impede accountability, particularly in civil rights cases, creating concerns regarding oversight and enforcement of misconduct.

  • Section 13: Authorized appropriations lack specific spending limits or guidelines, potentially leading to uncontrolled expenditure, which may not promote fiscal responsibility.

  • Section 12: The requirement for states to identify all criminal aliens and cooperate with the Institutional Removal Program in exchange for federal funds might be seen as coercive and burdensome, raising ethical and legal concerns.

  • Section 7: The section lacks clarity on eligibility criteria and oversight mechanisms for financial assistance, which could lead to inequitable distribution of funds or misuse.

  • Section 6: The reimbursement clause for reasonable costs incurred by states lacks specificity, which could lead to inconsistencies in determining and disputing what qualifies as reasonable expenses.

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; State defined; severability Read Opens in new tab

Summary AI

The Act, known as the "CLEAR Act of 2024," aims to improve cooperation between federal, state, and local authorities in enforcing immigration laws, offers financial support for their involvement, and outlines measures like adding immigration violators to national databases and increasing detention space. It also includes training for law enforcement, provisions for immunity, and allows for state and local input in federal immigration efforts, ensuring its parts can stand alone if any are found invalid.

2. Definitions Read Opens in new tab

Summary AI

In this section, the term "Secretary" refers to the Secretary of Homeland Security, and the term "State" is defined as it is in section 101(a)(36) 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

The section affirms that States and their local law enforcement have the authority to enforce immigration laws. They can investigate, arrest, and transfer immigrants to federal custody as part of their regular duties, and this authority has not been overruled by Congress.

4. State authorization for assistance in the enforcement of immigration laws encouraged Read Opens in new tab

Summary AI

The section encourages states to allow their law enforcement officers to assist with federal immigration law enforcement. If a state prevents its officers from helping, it will lose certain federal funds, which will be reallocated to states that do cooperate. However, the section clarifies that it does not require officers to report or arrest crime victims or witnesses.

5. Listing of immigration violators in the National Crime Information Center database Read Opens in new tab

Summary AI

The section requires the U.S. Customs and Border Protection to supply information about certain immigration violators, like those with orders of removal, to the National Crime Information Center (NCIC). This information will be stored even if the violator hasn't been notified, lacks identifying details, or has already left the U.S., and the Attorney General must update relevant legal procedures to reflect this change 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 must provide information about apprehended individuals suspected of breaking U.S. immigration laws to the Secretary of Homeland Security, including details like names, addresses, and physical descriptions. Additionally, the Secretary will report yearly to Congress on compliance, reimburse reasonable costs incurred by states, and ensure that victims or witnesses of crimes are not included.

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 provides grants to state and local law enforcement agencies to buy equipment and facilities to help manage and transport individuals who break U.S. immigration laws. To be eligible, these agencies must have policies that allow them to help enforce immigration laws, and they cannot have rules preventing officers from checking a person's immigration status. Additionally, an audit of the funds distributed will be conducted within three years after the law is enacted.

8. Increased Federal detention space Read Opens in new tab

Summary AI

The section mandates the construction or acquisition of 20 additional detention facilities in the U.S. for detaining aliens awaiting removal. It specifies that decisions about the location of these facilities will be made by the Assistant Director of the Custody Management Division and requires funds to be spent as amended in the Immigration and Nationality Act.

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 procedures for taking into federal custody those who are found unlawfully present in the U.S. after being apprehended by state or local law enforcement. It mandates that the federal government take custody of these individuals within 48 hours, provides for the reimbursement of states and localities for costs incurred, and ensures secure detention facilities are used.

240D. Custody of aliens unlawfully present in the United States Read Opens in new tab

Summary AI

The section explains the process for handling aliens who are unlawfully present in the United States. It outlines the responsibilities of the Secretary of Homeland Security to take custody of such aliens when requested by state or local authorities, manage their detention in suitable facilities, reimburse expenses incurred by states or local communities for holding and transporting the aliens, and ensure secure detention in federal facilities.

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 a plan to develop a training manual and pocket guide for state and local law enforcement to help them enforce immigration laws. It mandates that training be available through various formats, like online courses and DVDs, with no requirement for officers to carry the materials, and ensures that it won't replace training for federal personnel.

11. Immunity Read Opens in new tab

Summary AI

In Section 11, the bill states that law enforcement officers from state or local agencies have personal immunity from being sued while doing their jobs, just like federal officers. Additionally, these agencies themselves are protected from lawsuits for enforcing federal immigration laws, unless an officer violates criminal laws during enforcement.

12. Institutional Removal Program Read Opens in new tab

Summary AI

The Institutional Removal Program is a federal initiative that identifies and removes criminal aliens in federal and state prisons, preventing their release into communities and deporting them after their sentences. The program will expand to all states, requiring cooperation to identify criminal aliens, and use technology to enhance access, with provisions allowing local law enforcement to detain such individuals temporarily until federal custody is arranged.

13. Authorization of appropriations Read Opens in new tab

Summary AI

The section authorizes funds to be allocated to the Department of Homeland Security for the 2025 fiscal year and beyond to implement the Act. It also updates the Immigration and Nationality Act to allow for funding as needed for the State Criminal Alien Assistance Program for 2025 and future years.

14. Severability Read Opens in new tab

Summary AI

If any part of this Act or its amendments is found to be invalid, the rest of the Act and its amendments remain effective and are not impacted, allowing them to continue to apply to others or different situations.