National Network for Immigrant and Refugee Rights
310 8th St. Suite 303 * Oakland, CA 94607 * (510)465-1984 * (510)465-1885 fax* www.nnirr.org

What the CLEAR Act Will Do
Prepared by the National Network for Immigrant and Refugee Rights

Clear Law Enforcement for Criminal Alien Removal Act (CLEAR, H.R. 2671)
Introduced in the House of Representatives by Rep. Charles Norwood, July 2003

• If passed, CLEAR would fully authorize state and local police to “investigate, apprehend, or remove aliens.”
• Provides immunity from civil rights complaints or violations for federal, state and local police enforcing immigration laws.
• Undocumented immigrants would be subject to increased criminal penalties and forfeiture of property, including criminal and civil penalties for “illegal entry and failure to depart violations.”
• Funds derived from certain civil penalties would be paid to state and local police for apprehending and detaining undocumented immigrants.
• All “immigration violators” would be listed in the National Crime Information Center (NCIC) database, regularly accessed by police during investigations and routine traffic stops.
• States and cities would be required to report immigrants in detention to DHS. Non-compliance would result in losing federal monies paid for jailing immigrants awaiting deportation.
• Police agencies would receive grants to pay for equipment and facilities needed for jailing and processing immigrants. Additionally, state and local police agencies would be paid for costs of federal custody of immigrants.
• DOJ and DHS would continue being in charge of deportation programs, extended to all states.

What the Homeland Security Enhancement Act (HSE S.1906) Will Do
CLEAR’s counterpart in the Senate was introduced by Senators Jeff Session (R-AL) and Zell Miller (D-GA) in November 2003.

• Driver’s licenses for immigrants would expire the same date as their visas.
• Prohibits states from issuing driver’s licenses to undocumented immigrants.
• Federal government would either jail immigrants or reimburse local police for detaining immigrants
• Increases federal jail facilities and cell space to hold “criminal aliens” until deported.
• Increases amount of immigration information entered in the NCIC databank and facilitates access to state and local police.
• Extends “Institutional Removal Program” so that immigrants who have finished serving sentences are detained until deportation.

Please urge your Representative and Senators in Congress to oppose CLEAR. Contact your representative at www.house.gov and Senators at www.senate.gov

How much will CLEAR cost?
Summarized by the National Network for Immigrant and Refugee Rights

CLEAR Budget and Costs
From the Congressional Budget Office’s Cost Estimate report

• According to the report of the non-partisan Congressional Budget Office (CBO), if CLEAR is passed in 2004, CLEAR would have a budget appropriation of almost $13 billion for 2005-2009 to cover the costs of state and local governments to enforce immigration laws.
• CBO also states that CLEAR would also cost an additional $9 billion over 2005-2009 to implement.
• CLEAR’s budget during 2005-2009 includes:
  $1 billion per year for state and local governments to pay for the equipment and facilities to detain and jail immigrants.
  $200 million would be spent during 2005-2009 to identify certain types of immigrants held in federal and state prisons and deport them after serving their sentences.
  $1 billion per year for state and local governments to pay for the costs of jailing and holding undocumented immigrants.
  $500 million to detain and deport undocumented immigrants.
• CLEAR (H.R. 2671) contains several provisions that would authorize additional funds, including to train state and local police in immigration law enforcement and to expand the information input on alleged immigration violators into federal databanks and access for state and local police. CLEAR would also acquire a new fund created by receiving one-third of all receipts collected by DHS for immigrant and non-immigrant visas and fees for adjustment of status.

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For more information on the campaign to stop the CLEAR Act, please visit: www.nnirr.org or call (510) 465-1984 ext. 305.