H.R. 842 would provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, amend the Immigration and Nationality Act, and authorize appropriations to carry out the State Criminal Alien Assistance Program.
Detailed Summary
Clear Law Enforcement for Criminal Alien Removal Act of 2007 or 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.
Amends the Immigration and Nationality Act with respect to illegal aliens to: (1) establish criminal penalties for aliens unlawfully present in the United States; (2) increase specified criminal penalties for illegal entry and failure to depart violations; and (3) expand the scope of, and increase, civil penalties for improper entry or failure to depart.
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 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 the Department 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.
States that the Department shall continue to operate 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.
Amends the Immigration and Nationality Act to authorize appropriations at a specified level for FY2012 and subsequent fiscal years for the state criminal alien assistance program (SCAAP).
Status of the Legislation
H.R. 842 was introduced by Representative Charles
Norwood [R-GA] on February 6, 2007. On March 1, it was referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. No further action has been taken on this bill.
Points in Favor
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Points Against
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Visitor Comments
Rebecca
On the surface CLEAR sounds like a great idea, enforcing our immigration laws and all. However, we need to be sure that we're enforcing a good law. Is this something that we should be standing by? Aliens, legal or illegal, are just as much humans as citizens are. Why should we put restrictions on our borders? They're going to come no matter what and actually these aliens are helping the U.S.
win
Since all other countries put restrictions on their borders, if we fail to do so, then we become the place where everyone that wants to get away from their country for whatever reason would try to go.
Taking it to the extreme, if the rest of the world were utopia with closed borders, we were a poor country with open borderes, then you just invited all the axe murdering, pedophile, crack addict, mass murdering, war criminals into the country you love and care about so deeply.
See some ideas sound good, until you really think about them and put them in practice.
jer M.
The Immigration proposal by U.S. House Rep.'s KING-SMITH is by far the BEST...!!!
If reflects more what the majority of Americans want than any other immigration Bills offered. NO AMENESTY.
Return home and re-apply LEGALLY...the sooner, the better, they can apply to be 'legals.'
Those who dont want to, are exactly the lawbreakers we dont want here.!!!
What is here now are the ones who only want the Free goodies the US offers....and they dont have to work...Not Good ...
If they are good people, then do it legally. By not doing it legally, it tells you what type they really are, "Freeloaders...good people do 'not' break laws....!!! Simple as that .!
jer M
Waiting in line to become "LEGAL" are those immigrants that are already the English speaking people, well educated Doctors, Engineers, Lawyers,
Accountants, those who would be an asset to our country and to upgrade our immediate country status.
They would warn and strongly contributr, but those here now have shown their colors, the scum who ownly want to Free-load, not contribute, but cost us billions to date. Send them home and lets get the law-abiding ones who will immidiately begin to up-grade this country. Try looking uo :www. immigrationcounters.com
Jay
On the surface some comments
may seem great but in fact are
deceitful, treasonous and cause
deaths, murders, rapes, robberies
abductions, kidnappings of US citizens...This is not immigration
this is INVASION !!!
Johnny
It's about time. Get those illegals out.
Erick
I have mixed feelings on this bill. It's great in the sense that it will be a leap to reduce the illegal immigrant population which drains billions and billions of taxpayers' dollars each year. However, this particular bill will expand the government (which I abhor).
City police departments can apply for federal funding which gives the tools and training to fight against the flood of illegal immigrants (I believe its called 207(g) ?)
There are already laws that should solve this dilemma. More laws/policies/agencies are not necessarily the best answer. The current laws just need to be enforced; and amend the laws that are lax or contain loopholes. That is where the problem lies (especially with cities like San Francisco and New York City which blatantly disregard U.S. law)
Erick
www.patriot-fire.org
P.S. Overall, I do support this bill; though I wish it could be done without expanding the government. (which it can be done)
Bezz
In the US we look around lots of places & see plenty of room. However, the US is considered to be the 13th most overpopulated country in the world, behind Haiti --with Arizona & California having the "mostest" overpopulation. The term overpopulation takes into account the resourses available for the given numbers in a particular region.
How will the world be in 50 years, when our great-grandchildren may be young adults? Estimates are not doubled for 2050, but given at around 9.4 billion. By then we likely could have climbed to second or first "most populous country." We are a very popular place to be. We rank third in contributing to that 6.7 billion (world) figure, with China & India ahead of us.
Mary
We have a great country with many opportunities.However those who are invading our country (they are illegally here)have No REGARD FOR OUR LAWS ! If we allow them to stay and feed off our generosity that WE THE TAXPAYERS PAY FOR, we will become a weak third world country or no country at all if those who wish to harm us are allowed to "skip" across our borders undetected. How are these illegals "helping our country" as stated by Rebecca ?? Erik is correct "...there are laws already on the books.." We should just enforce those !!
Mia
Wow, it is incredible how virulent some of these opinions are. I am ashamed of the God-fearing democracy loving Americans who have decided to demonize and dehumanize undocumented individuals. Let's have some "ethnic (read undocumented individuals) cleansing" in the US. That seems to be the prevailing wind in all of the comments I read. I am truly fearful of what our nation has become and will continue to become when I read the attitudes expressed in these comments.
Stop stereotyping, and consider for a minute that neither complete "amnesty" nor criminalization and detention of these individuals is a viable, humane, reasonable option,