S. 114: Clear Law Enforcement for Criminal Alien Removal Act of 2025

The "Clear Law Enforcement for Criminal Alien Removal Act of 2025", referred to as the CLEAR Act, proposes several measures aimed at enhancing the enforcement of U.S. immigration laws by federal, state, and local authorities. Below is a summary of key provisions of the bill:

Encouragement for State Involvement

The bill reaffirms the authority of states and local law enforcement to assist in immigration enforcement during their regular duties. Specifically, it emphasizes that this authority has not been superseded by federal law. Additionally, states that have laws preventing cooperation with federal immigration enforcement may lose federal funding after one year from the bill's enactment.

Information Sharing

State and local law enforcement agencies would be required to provide timely information about apprehended individuals suspected of violating immigration laws. This includes personal data and circumstances surrounding the encounter. The bill mandates that this information be shared with the Secretary of Homeland Security.

Financial Assistance for Enforcement

The legislation authorizes financial assistance to states and localities that aid in immigration enforcement. Grants would be available for purchasing equipment and technology to support these efforts. However, states that do not cooperate would risk losing these funds.

Increased Detention Capacity

The bill calls for the construction or acquisition of additional federal detention facilities specifically for individuals awaiting removal from the country or decisions regarding their immigration status. There is a plan for 20 new facilities, with the aim of ensuring adequate space for detention.

Custody of Apprehended Individuals

If state or local law enforcement apprehends an individual who is unlawfully present, they can request the federal government take custody of that person. The federal government is obliged to respond to such requests within 48 hours. Furthermore, law enforcement may hold individuals for up to 14 days post-sentence to facilitate transfers to federal custody.

Training for Law Enforcement

The act requires the Secretary of Homeland Security to develop training programs and materials for state and local law enforcement officials regarding immigration law enforcement. This training may be delivered through various methods, including online courses.

Immunity Provisions

Law enforcement officers acting within their official duties will have immunity from personal liability when enforcing immigration laws under this bill, akin to the protections granted to federal officers.

Institutional Removal Program

The bill aims to continue and expand the Institutional Removal Program, which identifies and removes criminal aliens from correctional facilities before their release. States that receive federal funds for detaining criminal aliens are required to cooperate with this program to identify these individuals within their prison populations.

Funding and Appropriations

The bill authorizes necessary appropriations for its implementation and details funding for the State Criminal Alien Assistance Program to ensure ongoing support for state efforts in immigration enforcement.

Severability Clause

A severability clause included in the bill ensures that if any specific provision is found invalid, the remaining provisions will not be affected.

Relevant Companies

None found.