CLEAR Act of 2025
CLEAR Act of 2025
Plain Language Summary
# CLEAR Act of 2025 Summary **What the Bill Would Do:** The CLEAR Act would allow state and local police to help enforce federal immigration law by arresting people suspected of being in the country illegally and handing them over to federal authorities. It requires the Department of Homeland Security to pick up these individuals within 48 hours. States and localities that refuse to participate in immigration enforcement would lose certain federal funding. The bill also requires the federal government to reimburse local jurisdictions for costs related to detaining these individuals and mandates an audit of those reimbursements. **Who It Affects:** This bill primarily affects state and local law enforcement agencies, undocumented immigrants, and jurisdictions (called "sanctuary cities") that currently have policies limiting cooperation with federal immigration enforcement.
It also impacts federal budget allocations, as DHS would need to fund additional detention and pickup operations. **Current Status:** The bill is currently in committee (House) and has not yet been voted on by the full chamber. It was introduced by Rep. Darrell Issa (R-CA) in the 119th Congress.
CRS Official Summary
Clear Law Enforcement for Criminal Alien Removal Act of 2025 or the CLEAR Act of 2025This bill establishes requirements and programs related to the detention of individuals unlawfully present in the United States and facing removal, including the role of state and local governments in this process.The bill provides that state and local governments have the authority to assist in the enforcement of federal immigration laws, including by apprehending individuals and transferring them to federal custody. Jurisdictions that prohibit such cooperation are barred from receiving certain federal funding.The Department of Homeland Security (DHS) must within 48 hours of a request by a state or local authority take custody of an individual unlawfully present in the United States. The bill also establishes requirements for state or local detention and provides for reimbursement for reasonable expenses. The Government Accountability Office must also audit such reimbursements.DHS must also construct 20 additional detention facilities in the United States for individuals facing removal.The bill also (1) extends certain federal immunity from liability to state and local law enforcement officers, (2) provides immunity to state or local law enforcement agencies from certain money damages, and (3) requires states to participate in programs to expedite the removal of individuals subject to removal who are serving criminal sentences.The bill also establishes a grant program, provides for the development of state and local law enforcement training materials, and requires state and local governments to provide information about certain detained individuals.
Latest Action
Referred to the House Committee on the Judiciary.