Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement

(a) State apprehension (1) In general Chapter 4 of title II of the Immigration and Nationality Act (8 U.S.C. 1221 et seq.) is amended by inserting after section 240C the following: 240D. Custody of aliens unlawfully present in the United States (a) Defined term In this section, the term alien who is unlawfully present in the United States means an alien who— (1) entered the United States without inspection or at any time, manner, or place not designated by the Secretary of Homeland Security; (2) was admitted as a nonimmigrant and who, at the time the alien was taken into custody by the State, or a political subdivision of the State, failed— (A) to maintain the nonimmigrant status in which the alien was admitted or to which it was changed pursuant to section 248; or (B) to comply with the conditions of any such status; (3) was admitted as an immigrant and subsequently failed to comply with the requirements of such status; or (4) failed to depart the United States under a voluntary departure agreement or under a final order of removal. (b) Transfer of custody by State and local officials If a State, or a political subdivision of the State, exercising authority with respect to the apprehension or arrest of an alien who is unlawfully present in the United States, submits to the Secretary of Homeland Security a request that such alien be taken into Federal custody, the Secretary— (1) not later than 48 hours after the conclusion of the State, or the political subdivision of a State, charging process or dismissal process, or if no State or political subdivision charging or dismissal process is required, not later than 48 hours after the alien is apprehended, shall take the alien into the custody of the Federal Government and incarcerate the alien; or (2) shall request that the relevant State or local law enforcement agency temporarily incarcerate or transport the alien for transfer to Federal custody. (c) Policy on detention in State and local detention facilities In carrying out section 241(g)(1), the Attorney General or the Secretary of Homeland Security shall ensure that an alien arrested pursuant to this Act is detained, pending the alien being taken for an examination under this section, in a State or local prison, jail, detention center, or other comparable facility. Such a facility is adequate for detention if— (1) the facility is the most suitably located Federal, State, or local facility available for such purpose under the circumstances; (2) an appropriate arrangement for such use of the facility can be made; and (3) the facility satisfies the standards for the housing, care, and security of persons held in custody of a United States marshal. (d) Reimbursement (1) In general The Secretary of Homeland Security shall reimburse States and political subdivisions of a State for all reasonable expenses, as determined by the Secretary, incurred by the State, or political subdivision as a result of the incarceration and transportation of an alien who is unlawfully present in the United States. (2) Calculation Compensation provided pursuant to paragraph (1) shall be equal to the sum of— (A) the average cost of incarceration of a prisoner in the relevant State for the period the alien was incarcerated, as determined by the chief executive officer of a State, or of a political subdivision of a State; and (B) the cost of transporting the alien from the point of apprehension to the place of detention, and to the custody transfer point if the place of detention and the place of custody are different. (e) Secure facilities The Secretary of Homeland Security shall ensure that aliens incarcerated in Federal facilities pursuant to this section are held in facilities that provide an appropriate level of security. (f) Transfer (1) In general In carrying out this section, the Secretary of Homeland Security shall establish a regular circuit and schedule for the prompt transfer of apprehended aliens from the custody of States and political subdivisions of a State to Federal custody. (2) Contracts The Secretary of Homeland Security may enter into contracts, including appropriate private contracts, to implement this subsection.. (2) Clerical amendment The table of contents of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after the item relating to section 240C the following: Sec. 240D. Custody of aliens unlawfully present in the United States.. (b) GAO audit Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of compensation to States and political subdivisions of a State for the incarceration of aliens unlawfully present in the United States under section 240D of the Immigration and Nationality Act, as added by subsection (a)(1).