CLEAR Act: Deputizing Local Cops for Immigration Enforcement and Expanding Detention

The "Clear Law Enforcement for Criminal Alien Removal Act of 2025," or CLEAR Act, significantly ramps up local and state involvement in federal immigration enforcement. Essentially, it's giving local law enforcement the green light – and federal funding – to act as immigration officers. This includes investigating, arresting, and detaining individuals suspected of being in the U.S. unlawfully during their routine duties (SEC. 3).

Deputizing the Local PD

The CLEAR Act affirms that state and local law enforcement already have the authority to help enforce federal immigration laws. It then incentivizes this by tying federal funding to cooperation. States or cities with "sanctuary" policies that limit cooperation with ICE could lose federal funds allocated under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)), starting one year after the Act's passage (SEC. 4). Think of it as a "play ball or lose the cash" approach.

Data Sharing and the NCIC

This bill turns up the dial on data collection. U.S. Customs and Border Protection must share information with the National Crime Information Center (NCIC) about individuals with final removal orders, those who overstayed visas, or had their visas revoked (SEC. 5). And this information goes into the NCIC's Immigration Violators File regardless of whether the person even knows they have a removal order, has already been removed, or if there's limited info available. States and local law enforcement are also required to hand over detailed information about apprehended individuals believed to be in violation of immigration laws, including their address, physical description, and even photos and fingerprints, if available. (SEC. 6) Imagine getting pulled over for a broken tail light, and suddenly your entire life is under a microscope because of your immigration status.

More Detention Centers, Faster Transfers

The CLEAR Act mandates the construction or acquisition of 20 new detention facilities across the U.S. specifically for immigrants awaiting removal or a decision on their status (SEC. 8). The bill also requires the Department of Homeland Security (DHS) to take custody of individuals detained by state or local law enforcement within 48 hours of the conclusion of state or local processes (SEC. 9). This means a quick transfer from local jails to federal detention, potentially far from family and legal representation. It also means that the Secretary of Homeland Security must reimburse states and their subdivisions for all reasonable incarceration and transportation expenses of unlawfully present aliens. (SEC. 9)

Training and Immunity

The bill requires the Secretary of Homeland Security to develop a training manual and pocket guide (within 180 days) for state and local law enforcement on how to handle "unlawfully present aliens" (SEC. 10). It also offers various training methods, prioritizing existing web-based systems. Crucially, the CLEAR Act provides broad immunity for state and local law enforcement officers acting within their official duties, shielding them from personal liability to the same extent as federal officers (SEC. 11). This could make it harder to hold officers accountable for potential abuses.

Bottom Line

The CLEAR Act represents a major shift towards a more aggressive, decentralized approach to immigration enforcement. It puts significant pressure on states and cities to cooperate with federal authorities, expands surveillance, and increases detention capacity. While proponents might argue this streamlines enforcement, the practical implications raise serious concerns about civil liberties, due process, and the potential for profiling and overreach at the local level. The requirement to take custody of individuals within 48 hours, coupled with expanded detention, points to a system focused on rapid removal, potentially with less emphasis on individual circumstances or legal rights.