CLEAR Act of 2025

This 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.