CLEAR Act of 2005

H.R. 3137, the CLEAR Act of 2005, seeks to expand the role of state and local police in enforcing federal immigration laws. The bill clarifies that local law enforcement has the authority to investigate, arrest, and transport individuals for immigration violations and creates financial incentives for states to participate, including grants for equipment and facilities. Conversely, states that do not pass laws allowing for this type of enforcement within two years would face a loss of certain federal funding for incarcerating undocumented individuals.

For everyday citizens, this bill would likely lead to increased interactions between local police and individuals suspected of being in the country illegally during routine law enforcement activities. To support these changes, the bill mandates the construction of 20 new federal detention facilities and requires the federal government to take custody of undocumented individuals upon the request of local authorities. Additionally, the legislation provides legal immunity to local officers and agencies when they are performing these immigration enforcement duties, provided they do not violate criminal laws in the process.