H.R. 3494 would 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.
Detailed Summary
Clear Law Enforcement for Criminal Alien Removal Act of 2007 or the Charlie Norwood CLEAR Act of 2007 - States that: (1) state and local law enforcement personnel, in the course of their routine duties, have the inherent authority to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws; and (2) effective two years after enactment of this Act, a state that has in effect a statute, policy, or practice prohibiting such law enforcement assistance shall not receive certain federal incarceration assistance.
Provides for the listing of immigration violators in the National Crime Information Center database.
Encourages states and localities to provide the Department of Homeland Security (DHS) with specified information about apprehended illegal aliens. Provides federal reimbursement for related state and local costs. (States that such provision shall not require state or local enforcement officials to provide DHS with information related to a victim of a crime or witness to a criminal offense.)
Directs the Secretary of Homeland Security to make grants to states and political subdivisions that enforce immigration laws in the course of their routine law enforcement duties for special equipment and facilities related to arresting, detaining, or transporting illegal aliens.
Directs the Secretary to: (1) construct or acquire 20 additional detention facilities for aliens detained pending removal (or a decision on removal); and (2) consider the transfer of military installations under base closure laws for such purposes.
Amends the Immigration and Nationality Act with respect to illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local request; and (2) state or local compensation for related incarceration and transportation costs.
States with respect to an alien subject to removal that the Attorney General or Secretary shall ensure such alien's detention in an adequate (as defined by this Act) state or local prison, detention center, or other comparable facility prior to his or her removal examination.
Directs the Secretary to establish immigration-related training for state and local personnel.
Provides: (1) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties under this Act; and (2) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement.
Continues the institutional removal program (IRP), which shall be expanded to all states.
Authorizes state or local detention of an illegal alien after completion of such alien's prison sentence for: (1) up to 14 days to facilitate federal transfer; or (2) until transfer to the U.S. Immigration and Customs Enforcement.
Authorizes appropriations for FY2008 and subsequent fiscal years for the state criminal alien assistance program (SCAAP).
Status of the Legislation
Latest Major Action: 10/12/2007: Referred to House subcommittee. Status: Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
Points in Favor
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Points Against
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Visitor Comments
Bob Odom
It's about time they brought this law up to the times. "Sanctuary Cities" need to be put in their palace, "broke". Take their cash away and they will come into line.
Every village,town,city,county and state should send all the illegal aliens to New Haven, CT and build a very high electrical fence around it.
Melvin
The Democrats will never allow this to get out of the gate. They
are counting on all these violent thugs becoming registered in the Donkey Party
M.F.
It all sounds like a wonderful bill, as with others that never got out of the gate. It seems that the wants and opinions of the (legal) Americans is the total oppisite of what these yahoos in Washington are passing. After all, aren't they elected officials? Who elected them to represent them? The American public!!! Let's be fair and put all these issues to the American public for a vote. Better yet, actually ENFORCE laws already on the books.
Keystone
This is the root cause of voter apathy. Mayors, Governors and City councils break the law by aiding and assisting illegals while the people are held to a higher standard. As Thomas Jefferson once proclaimed, "A little revolution from time to time is a good thing." We need a "little revolution" and throw how politicians and lawyers who write laws that benefit themselves at the expense of the taxpayers.