SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY. '(a) Transfer- If the head of a law enforcement entity of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the apprehension or arrest of an alien submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary of Homeland Security--'(1) shall--'(A) deem the request to include the inquiry to verify immigration status described in section 642(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(c)), and expeditiously inform the requesting entity whether such individual is an alien lawfully admitted to the United States or is otherwise lawfully present in the United States; and '(B) if the individual is an alien who is not lawfully admitted to the United States or otherwise is not lawfully present in the United States--'(i) take the illegal alien into the custody of the Federal Government not later than 72 hours after--'(I) the conclusion of the State charging process or dismissal process; or '(II) the illegal alien is apprehended, if no State charging or dismissal process is required; or'(ii) request that the relevant State or local law enforcement agency temporarily detain or transport the alien to a location for transfer to Federal custody; and'(2) shall designate at least 1 Federal, State, or local prison or jail or a private contracted prison or detention facility within each State as the central facility for that State to transfer custody of aliens to the Department of Homeland Security.'(b) Reimbursement-'(1) IN GENERAL- The Secretary of Homeland Security shall reimburse a State, or a political subdivision of a State, for expenses, as verified by the Secretary, incurred by the State or political subdivision in the detention and transportation of an alien as described in subparagraphs
(A) and (B) of subsection (c)(1). '(2) COST COMPUTATION- Compensation provided for costs incurred under subparagraphs (A) and (B) of subsection (c)(1) shall be--'(A) the product of--'(i) the average daily cost of incarceration of a prisoner in the relevant State, as determined by the chief executive officer of a State (or, as appropriate, a political subdivision of the State); multiplied by '(ii) the number of days that the alien was in the custody of the State or political subdivision; plus'(B) the cost of transporting the alien from the point of apprehension or arrest to the location of detention, and if the location of detention and of custody transfer are different, to the custody transfer point; plus '(C) the cost of uncompensated emergency medical care provided to a detained alien during the period between the time of transmittal of the request described in subsection (c) and the time of transfer into Federal custody.'(c) Requirement for Appropriate Security- The Secretary ofHomeland Security shall ensure that--'(1) aliens incarcerated in a Federal facility pursuant to this section are held in facilities which provide an appropriate level of security; and '(2) if practicable, aliens detained solely for civil violations of Federal immigration law are separated within a facility or facilities.'(d) Requirement for Schedule- In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transportation of apprehended aliens from the custody of those States, and political subdivisions of States, which routinely submit requests described in subsection (c), into Federal custody. '(e) Authority for Contracts- '(1) IN GENERAL- The Secretary of Homeland Security may enter into contracts or cooperative agreements with appropriate State and local law enforcement and detention agencies to implement this section. '(2) DETERMINATION BY SECRETARY- Prior to entering into a contract or cooperative agreement with a State or political subdivision of a State under paragraph (1), the Secretary shall determine whether the State, or if appropriate, the political subdivision in which the agencies are located, has in place any formal or informal policy that violates section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary shall not allocate any of the funds made available under this section to any State or political subdivision that has in place a policy that violates such section.'.
(b) Authorization of Appropriations for the Detention and Transportation to Federal Custody of Aliens Not Lawfully Present- There are authorized to be appropriated $850,000,000 for fiscal year 2008 and each subsequent fiscal year for the detention and removal of aliens not lawfully present in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et. seq.).
