CLEAR Act of 2025
Sponsored By: Representative Issa
Introduced
Summary
Expands state and local role in immigration enforcement. This bill would create a federal framework that pushes state and local agencies to assist immigration enforcement, links federal funding to that cooperation, expands data sharing and detention capacity, and funds training and equipment.
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- Families and noncitizens: States would have to submit detailed information about each apprehended person, including photos and fingerprints when available, which could affect how quickly cases move into federal custody. The bill bars forcing disclosure of information about crime victims and witnesses.
- State and local law enforcement: Agencies could get grants for equipment, technology, and facilities and must be offered training and an e-learning portal. Officers acting within official duties would get personal and agency immunity and federal custody of an apprehended alien must be sought within 48 hours.
- States and federal operations: The bill conditions certain federal payments on cooperation starting 1 year after enactment and directs DHS to build or acquire 20 detention facilities and expand the Institutional Removal Program across all States.
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 5 benefits, 0 costs, 2 mixed.
Faster federal custody and more beds
If enacted, Homeland Security would build or buy 20 more detention facilities in the U.S. for people held for immigration removal. ICE would choose the locations and could use ICE operations funds. When a state asks, DHS would have to take unlawful immigrants into federal custody within 48 hours after state charges end or within 48 hours of apprehension if no charges. If a state holds or transports the person at DHS’s request, DHS would repay the state’s average incarceration cost for that time plus transport costs. DHS would set regular transfer routes, and the GAO would audit payments within three years.
Immigration violators added to NCIC
If enacted, Customs and Border Protection would send the Justice Department’s NCIC data on people with final removal orders, overstays, revoked visas, or voluntary departures within 180 days and then update it. NCIC would put the data in an Immigration Violators File even if the person did not get notice or was already removed. The Attorney General would implement the update within six months.
Prison-to-federal transfer program expanded
If enacted, the Institutional Removal Program would expand to all states to find and process removable criminal aliens in prisons and jails. States that get federal incarceration funds would need to help identify and report these people to keep that funding. Officers could hold someone up to 14 days after a state sentence ends to transfer the person to federal custody. The bill would encourage video calls, IDENT access, and live‑scan fingerprints.
Ongoing Homeland Security funding authority
If enacted, Congress could give Homeland Security “such sums as may be necessary” in 2025 and later years to carry out this bill and related INA grants. The bill would not set a dollar amount. Congress would still need to approve the actual spending each year.
State grants tied to immigration cooperation
If enacted, the government would offer grants to states and cities to buy gear, tech, and facilities for immigration enforcement. To qualify, a place would need a written policy to help federal officers and no rule that blocks asking about immigration status. States and cities would also have to report set info on each person they apprehend who is believed to violate immigration laws. DHS would repay reasonable reporting costs, as DHS decides. Reports about crime victims or witnesses would not be required. Starting 1 year after enactment, places that bar cooperation would lose certain immigration grant funds, which would be given to places that do cooperate.
State police role and legal shield
If enacted, states and their officers would be affirmed to investigate, arrest, detain, and transfer noncitizens during routine duties, including moving them across state lines to a detention center. Officers acting in their official duties would get the same personal legal immunity as federal officers for these duties. State and local agencies would be shielded from money damages under civil rights laws, except when an officer committed a criminal violation.
Training tools for local officers
If enacted, DHS would create a training manual and pocket guide for state and local officers within 180 days. An online training portal would be ready within 120 days and hosted on U.S. servers. DHS would pay to develop these tools and prioritize existing web training systems. Taking this training would not be required to help with federal immigration enforcement.
Sponsors & CoSponsors
Sponsor
Issa
CA • R
Cosponsors
Crane
AZ • R
Sponsored 3/6/2025
Gooden
TX • R
Sponsored 3/6/2025
Haridopolos
FL • R
Sponsored 3/6/2025
Feenstra
IA • R
Sponsored 3/6/2025
Roll Call Votes
No roll call votes available for this bill.
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