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Full Text of this Amendment
In the appropriate place insert the following:
Sec. __. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES.--
(1) AUTHORITY.--Law enforcement personnel of a State, or a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, apprehend, arrest, detain, or transfer to Federal custody (including the transportation across State lines to detention centers) an alien for the purpose of assisting in the enforcement of the immigration laws of the United States including laws related to Visa overstay in the normal course of carrying out the law enforcement duties
of such personnel. This State authority has never been displaced or preempted by Federal law.
(2) CONSTRUCTION.--Nothing in this subsection may be construed to require law enforcement personnel of a State or a political subdivision to assist in the enforcement of the immigration laws of the United States.
Sec. __. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.--
(1) PROVISION OF INFORMATION TO THE NATIONAL CRIME INFORMATION CENTER.--
(A) IN GENERAL.--Except as provided under subparagraph (C), not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the head of the National Crime Information Center of the Department of Justice the information that the Secretary has or maintains related to any alien--
(i) against whom a final order of removal has been issued;
(ii) who enters into a voluntary departure agreement, or is granted voluntary departure by an immigration judge, whose period for departure has expired under subsection (a)(3) of section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c), subsection (b)(2) of such section 240B, or who has violated a condition of a voluntary departure agreement under such section 240B;
(iii) whom a Federal immigration officer has confirmed to be unlawfully present in the United States; and
(iv) whose visa has been revoked.
(B) REMOVAL OF INFORMATION.--The head of the National Crime Information Center shall promptly remove any information provided by the Secretary under subparagraph (A) related to an alien who is lawfully admitted to enter or remain in the United States.
(C) PROCEDURE FOR REMOVAL OF ERRONEOUS INFORMATION.--
(i) IN GENERAL.--The Secretary, in consultation with the head of the National Crime Information Center, shall develop and implement a procedure by which an alien may petition the Secretary or head of the National Crime Information Center, as appropriate, to remove any erroneous information provided by the Secretary under subparagraph (A) related to such alien.
(ii) EFFECT OF FAILURE TO RECEIVE NOTICE.--Under procedures developed under clause (i), failure by the alien to receive notice of a violation of the immigration laws shall not constitute cause for removing information provided by the Secretary under subparagraph (A) related to such alien, unless such information is erroneous.
(iii) INTERIM PROVISION OF INFORMATION.--Notwithstanding the 180-day period set forth in subparagraph (A), the Secretary may not provide the information required under subparagraph (A) until the procedures required under this paragraph have been developed and implemented.
(2) INCLUSION OF INFORMATION IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.--Section 534(a) of title 28, United States Code, is amended--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States; and''.
(As printed in the Congressional Record for the Senate on Jul 19, 2007.)