Section 241(g)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1231(g)(1) ) is amended by striking may expend and inserting shall expend . 8. Federal custody of aliens unlawfully present in the United States apprehended by State or local law enforcement (a) State apprehension (1) In general Title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq.) is amended by inserting after section 240C the following: 240D. Custody of aliens unlawfully present in the United States (a) 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 the 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