HR 2406 · 111th Congress 2009–2011, ended

Charlie Norwood CLEAR Act of 2009

Fact sheet

Latest action · Jun 12, 2009 Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMay 14, 2009
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

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).

Cosponsors 83

Members who signed on, in the order they did. Signatures ran from May 14, 2009 to Sep 22, 2010, with 19 there on the day it was introduced.

SeatCosponsorSigned on
R-CABrian P. BilbrayOriginalMay 14, 2009
R-CADana RohrabacherOriginalMay 14, 2009
R-NVDean HellerOriginalMay 14, 2009
R-CODoug LambornOriginalMay 14, 2009
R-CAEdward R. RoyceOriginalMay 14, 2009
R-FLGinny Brown-WaiteOriginalMay 14, 2009
R-SCHenry E. Brown, Jr.OriginalMay 14, 2009
R-LAJohn FlemingOriginalMay 14, 2009
R-PAJoseph R. PittsOriginalMay 14, 2009
R-TXKenny MarchantOriginalMay 14, 2009
R-IDMichael K. SimpsonOriginalMay 14, 2009
R-INMike PenceOriginalMay 14, 2009
R-MIMike RogersOriginalMay 14, 2009
R-GAPaul C. BrounOriginalMay 14, 2009
R-OKTom ColeOriginalMay 14, 2009

Actions 3

Everything that happened, newest first.

  1. Jun 12, 2009Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
  2. May 14, 2009Introduced in House
  3. May 14, 2009Referred to the House Committee on the Judiciary.

Subjects

Assigned by the Library of Congress. Policy area: Immigration.

Text 1

Each version as it was printed, newest first.

  1. May 14, 2009Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.