US HB2406 | 2009-2010 | 111th Congress


Status

June 12 2009 - Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

Summary

Clear Law Enforcement for Criminal Alien Removal Act of 2009 or the Charlie Norwood CLEAR Act of 2009 - 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. Directs states and localities to provide the Secretary of Homeland Security (DHS) with specified information about apprehended aliens who are believed to be in violation of U.S. immigration laws. 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 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 regarding 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. Directs the Attorney General or the Secretary to ensure that the detention of an alien subject to removal is in an adequate 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 FY2010 and subsequent fiscal years for the state criminal alien assistance program (SCAAP).

Tracking Information

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Title

Charlie Norwood CLEAR Act of 2009

Sponsors

Rep Boustany, Charles W., Jr.Rep Kline, JohnRep McIntyre, MikeRep Moran, Jerry
Rep Myrick, Sue WilkinsRep Poe, TedRep Rehberg, DennyRep Tiahrt, Todd
Rep Turner, Michael R.Rep King, SteveRep Jenkins, LynnRep Hoekstra, Peter
Rep Brown, Henry E., Jr.Rep Burton, DanRep Deal, NathanRep Dent, Charles W.
Rep Emerson, Jo AnnRep Foxx, VirginiaRep Garrett, ScottRep Gerlach, Jim
Rep Wilson, JoeRep Rohrabacher, DanaRep Linder, JohnRep Pence, Mike
Rep Pitts, Joseph R.Rep Price, TomRep Rogers, Mike J.Rep Sullivan, John
Rep Whitfield, EdRep Wittman, Robert J.Rep Lamborn, DougRep Herger, Wally
Rep Goodlatte, BobRep Westmoreland, Lynn A.Rep Aderholt, Robert B.Rep Akin, W. Todd
Rep Bachus, SpencerRep Barrett, J. GreshamRep Broun, Paul C.Rep Franks, Trent
Rep Gingrey, PhilRep Graves, TomRep Griffith, ParkerRep Miller, Jeff
Rep Neugebauer, RandyRep Posey, BillRep Sessions, PeteRep Wamp, Zach
Rep Bartlett, Roscoe G.Rep Bachmann, MicheleRep Bilirakis, Gus M.Rep McCaul, Michael T.
Rep Marchant, KennyRep Hensarling, JebRep Platts, Todd RussellRep Young, Don
Rep Barton, JoeRep Blackburn, MarshaRep Brown-Waite, GinnyRep Culberson, John Abney
Rep Duncan, John J., Jr.Rep Heller, DeanRep Boozman, JohnRep Calvert, Ken
Rep Dreier, DavidRep Gallegly, EltonRep Hunter, Duncan D.Rep Miller, Gary G.
Rep Royce, Edward R.Rep Sensenbrenner, F. James, Jr.Rep Bilbray, Brian P.Rep Blunt, Roy
Rep Coffman, MikeRep Davis, GeoffRep Simpson, Michael K.Rep Capito, Shelley Moore
Rep Cole, TomRep Fleming, JohnRep Fortenberry, JeffRep McClintock, Tom
Rep McCotter, Thaddeus G.Rep Mica, John L.Rep Shadegg, John B.Rep Bonner, Jo

History

DateChamberAction
2009-06-12 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
2009-05-14 Referred to the House Committee on the Judiciary.

Subjects


US Congress State Sources


Bill Comments

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