S.114 - Clear Law Enforcement for Criminal Alien Removal Act of 2025; CLEAR Act of 2025 (119th Congress)
Summary
The Clear Law Enforcement for Criminal Alien Removal Act of 2025 (CLEAR Act) aims to enhance federal, state, and local cooperation in enforcing immigration laws. It seeks to amend the Immigration and Nationality Act and authorize appropriations for the State Criminal Alien Assistance Program. The bill emphasizes the inherent authority of states to assist in immigration law enforcement and encourages cooperation by withholding funds from states that prohibit such assistance.
Expected Effects
The Act would lead to increased state and local involvement in immigration enforcement. This could result in more apprehensions and removals of aliens unlawfully present in the United States. It could also strain relationships between law enforcement and immigrant communities.
Potential Benefits
- Increased apprehension and removal of criminal aliens.
- Enhanced information sharing between federal, state, and local law enforcement agencies.
- Financial assistance to states and localities that cooperate with federal immigration enforcement.
- Improved training for state and local law enforcement personnel on immigration law enforcement.
- Expanded detention capacity for aliens awaiting removal.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased racial profiling and discrimination.
- Strain on state and local resources due to increased involvement in immigration enforcement.
- Erosion of trust between law enforcement and immigrant communities.
- Possible legal challenges based on constitutional concerns.
- Financial penalties for states and localities that do not cooperate with federal immigration enforcement.
Constitutional Alignment
The Act's constitutionality is debatable. Section 4 potentially infringes on the Tenth Amendment by coercing states through conditional funding. The Tenth Amendment reserves powers not delegated to the federal government to the states. Sections related to detention and information sharing must align with the Fourth Amendment's protections against unreasonable searches and seizures and the Fifth Amendment's due process clause.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).