CLEAR Act of 2025
Sponsored By: Senator Marsha Blackburn
Introduced
Summary
Expands state and local authority to enforce immigration laws and increases detention capacity. The bill would let state and local officers identify, apprehend, detain, and transfer people unlawfully present to federal custody, speed transfers, and add detention space.
Show full summary
- People facing removal could be held in local facilities that meet federal standards and transferred to federal custody within 48 hours of a state or local request. The Institutional Removal Program would expand nationwide and allows up to 14 days of detention after a state sentence to arrange transfer.
- The Department of Homeland Security must construct or acquire 20 detention facilities and expand law-enforcement databases with immigration status and violation records. The bill authorizes reimbursements to jurisdictions for detention and transportation costs and requires Government Accountability Office audits of those payments.
- Participating states and localities become eligible for grants and federal training materials and must share detainee information. Officers and agencies get expanded immunity for enforcement actions, and jurisdictions that bar cooperation can lose certain federal funds under INA 241(i).
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Bill Overview
Analyzed Economic Effects
8 provisions identified: 4 benefits, 3 costs, 1 mixed.
More transfers from prisons
This bill would expand the Institutional Removal Program to every State. If enacted, states that get federal prison money would have to identify and share information about removable inmates. Local authorities could hold a person up to 14 days after a state sentence to let Federal immigration agents take custody. The change would increase national immigration enforcement.
Grants for local enforcement gear
This bill would let the Secretary give grants to States and local governments to buy equipment, technology, and facilities for immigration enforcement. Applicants must have authority and a written practice of assisting Federal enforcement and may not bar officers from asking about immigration status. The Comptroller General would audit the grants within three years.
More DHS funding authority
This bill would authorize the Department of Homeland Security to receive 'such sums as may be necessary' for FY2025 and each year after to carry out the Act. It would also authorize annual 'such sums as may be necessary' for the State Criminal Alien Assistance Program. Congress would still need to appropriate any money.
More immigration records in NCIC
This bill would require Customs and Border Protection to give CBP removal, overstay, and visa-revocation information to the National Crime Information Center within 180 days. The NCIC would add those records to the Immigration Violators File even if a person already left the U.S. or did not get formal notice. The Attorney General would implement the change within six months.
New federal detention centers
This bill would require Homeland Security to build or buy 20 detention facilities in the United States. Each facility would need enough beds for the bill's purposes. The Custody Management Division would pick the locations. If enacted, this would increase federal detention capacity.
Payments and reporting rules for states
This bill would require states and localities to send details about aliens they arrest and reimburse them for reasonable submission costs. It would create a new custody process that generally requires Federal custody within 48 hours or lets the State temporarily hold someone for transfer. One year after enactment, jurisdictions that ban routine cooperation could lose certain federal incarceration funds, and withheld funds would go to cooperating places.
Immunity for state officers
This bill would say State and local officers helping with Federal immigration enforcement have the same personal immunity as Federal officers when acting within their duties. It would also shield agencies from money-damage claims under civil rights law for enforcement actions, except where an officer broke criminal law. If enacted, the change aims to reduce civil liability for local enforcement.
Training and online guides for officers
This bill would require DHS to make a training manual and pocket guide for State and local officers within 180 days. It would also require an e-learning portal through the Federal Law Enforcement Training Center within 120 days. The training must be secure, U.S.-based, and available in several formats. The Secretary would pay to develop the materials.
Sponsors & CoSponsors
Sponsor
Marsha Blackburn
TN • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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