Sponsors
I'll give you the short version of this bill.
This is not an official government website.
Copyright © 2026 PLEJ LC. All rights reserved.
Redesignates existing paragraphs (4) and (5) of 28 U.S.C. 534(a) as paragraphs (5) and (6), and inserts a new paragraph (4) authorizing the acquisition, collection, classification, and preservation of records of violations by aliens of the immigration laws of the United States regardless of notice, sufficiency of identifying information, or whether the alien has been removed.
Inserts a new section 240D into Chapter 4 of title II of the Immigration and Nationality Act establishing (a) a definition of 'alien who is unlawfully present in the United States'; (b) requirements for State or local requests and Federal transfer of custody (including a 48-hour transfer requirement); (c) detention policy and facility standards; (d) reimbursement to States and political subdivisions for incarceration and transportation costs and a formula for calculation of such reimbursement; (e) requirement that Federal facilities provide appropriate security; (f) a requirement to establish a regular circuit and schedule for prompt transfer from State/local custody to Federal custody; and (g) contracting authority to implement transfers.
Amends the table of contents of the Immigration and Nationality Act by inserting an item for the newly added section 240D after the item relating to section 240C.
Amends section 241(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) by striking and inserting new text (specific text to be struck/inserted is not provided in this section).
Revises subsection (i)(5) of 8 U.S.C. 1231 to read that there are authorized to be appropriated such sums as may be necessary for fiscal year 2025 and for each subsequent fiscal year to carry out that subsection (the State Criminal Alien Assistance Program).
Requires the Department of Homeland Security to produce training materials and an e-learning portal for State and local law enforcement and expands and funds state/local participation in federal immigration enforcement. The law gives civil‑immunity protections to state and local officers acting to enforce immigration law, mandates data sharing with national law‑enforcement databases, creates grants for equipment and facilities, authorizes construction or acquisition of detention capacity, and conditions certain federal funds on state/local cooperation. It also expands an institutional removal program to identify and transfer removable noncitizens from prisons to federal custody and creates reporting, reimbursement, audit, and oversight requirements.
Not later than 180 days after enactment, the Secretary shall develop a manual to train State or local law enforcement personnel on investigating, identifying, apprehending, arresting, detaining, and transferring to Federal custody aliens unlawfully present in the United States, including transportation across State lines to detention centers and identification of fraudulent documents.
Not later than 180 days after enactment, the Secretary shall develop an immigration enforcement pocket guide for State or local law enforcement personnel as a quick reference to use while carrying out duties.
The training manual and pocket guide developed must be made available to all State and local law enforcement personnel.
The Secretary is responsible for any costs incurred in developing the training manual and the pocket guide.
Nothing in this section may be construed to require State or local law enforcement personnel to carry the training manual or pocket guide while on duty.
Who is affected and how:
State and local law enforcement: The law supplies training materials, an e‑learning portal, and potential grants for equipment and facilities, but also requires cooperation with federal immigration enforcement to remain eligible for certain funds. Officers gain expanded civil‑liability protections when assisting immigration enforcement, which may encourage participation. Agencies must adopt written policies permitting assistance to qualify for grants.
State governments and local jurisdictions: States face a choice to permit local/state cooperation with federal immigration enforcement or risk loss of specified federal funds after a one‑year grace period. Complying jurisdictions may receive reallocations of withheld funds and grant opportunities. States also may be required to accept detainers/transfers and help hold removable noncitizens if facilities meet standards; DHS must reimburse incarceration and transport costs.
Noncitizens (including lawful status holders, visa overstays, people with final orders): The law expands identification, reporting, and transfer mechanisms that increase the probability of detection, custody transfer to federal authorities, detention, and removal. Broad NCIC data entry rules could include individuals with incomplete identifiers or prior removal status.
Federal agencies (DHS, CBP, DOJ/NCIC): DHS and CBP gain new operational duties (training production, data collection, custody transfers, detention expansion) and must implement data shares and reimbursements. DOJ/NCIC must accept and maintain expanded immigration records. GAO oversight and reporting obligations increase administrative workloads.
State and local detention facilities and correctional systems: Facilities may be used to hold transferred noncitizens meeting DHS standards; states are to be reimbursed for incarceration and transport costs. Creating or acquiring 20 federal detention facilities may change bed demand patterns.
Courts and civil‑rights plaintiffs: Expanded immunity for officers and agencies may reduce some civil litigation outcomes, but exceptions for criminal acts remain. The law’s broad data collection and reallocation of funds could prompt legal challenges on federalism, preemption, privacy, and due process grounds.
Operational and fiscal effects:
Administrative burden: Agencies must build data flows, annual reporting, reimbursement systems, and training deployment. States must develop or amend written policies to be grant‑eligible and may need to adapt detention standards.
Fiscal effects: The Act authorizes recurring appropriations (starting FY2025) and grants, increases detention capacity, and mandates reimbursements; these carry federal spending implications. States may incur transitional compliance costs despite some reimbursement provisions.
Legal and political risks: The law alters federal‑state boundaries of immigration enforcement, encourages cooperation via funding conditions, and provides immunity protections—features that are likely to produce legal challenges and political debate. Privacy and data‑quality concerns arise from NCIC entries of persons with incomplete identifiers or who have been removed.
Expand sections to see detailed analysis
CLEAR Act of 2025
Read twice and referred to the Committee on the Judiciary.
Introduced January 16, 2025 by Marsha Blackburn · Last progress January 16, 2025
Read twice and referred to the Committee on the Judiciary.
Introduced in Senate