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HR 3851 IH

To amend various laws imposing criminal penalties to double the maximum penalty for illegal aliens who commit those crimes, and for other purposes.

October 16, 2007

Mr. CARTER introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

To amend various laws imposing criminal penalties to double the maximum penalty for illegal aliens who commit those crimes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Non-Citizen Enforcement Act of 2007'.

(b) Table of Contents- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Continued increase in full-time border patrol agents.

Sec. 3. Powers of State officers and employees.

Sec. 4. Listing on NCIC of aliens ordered removed in absentia.

Sec. 5. Penalties for aliens unlawfully present in the United States.

Sec. 6. State Criminal Alien Assistance Program (SCAAP).

Sec. 7. Increased penalties for certain crimes by illegal aliens.

Sec. 8. Increased penalties for smuggling previously deported aliens.

SEC. 2. CONTINUED INCREASE IN NUMBER OF FULL-TIME BORDER PATROL AGENTS.

Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is amended by adding at the end the following: `The Secretary of Homeland Security shall continue to increase by not less than 2,000 the number of positions for full-time active-duty border patrol agents in each fiscal year after fiscal year 2010, until the Secretary certifies to the Congress effective control of the border through the Secure Border Initiative has been achieved. Such certification shall include a description of following:

`(1) The recruitment incentives being implemented for Border Patrol agents.

`(2) The plan, including payment of bonuses, being implemented for retention of Border Patrol agents.

`(3) The methodology used in determining that effective control of the border has been achieved.'.

SEC. 3. POWERS OF STATE OFFICERS AND EMPLOYEES.

Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a)) is amended by adding at the end the following: `Notwithstanding subsection (g), and in addition to other authority under law, an officer or employee of a State, or any political subdivision of a State, shall have the authority, and is directed, to arrest any alien unlawfully present in the United States who has been ordered removed in absentia. Such State or political subdivision shall coordinate with the Secretary of Homeland Security the transportation and detention of aliens so arrested.'.

SEC. 4. LISTING ON NCIC OF ALIENS ORDERED REMOVED IN ABSENTIA.

Section 240(b)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1229a(b)(4)(A)) is amended by adding at the end the following: `In the case of an alien who is ordered removed in absentia under this subparagraph, if a motion to reopen the order is not filed within the 180-day period beginning on the date the order is issued, the Secretary of Homeland Security, through Immigration and Customs Enforcement, shall provide at the end of such period for the posting of the name of the alien on the Absconder Category of the National Criminal Information Center database.'.

SEC. 5. PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.

(a) In General- Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)is amended--

(1) in the heading, by inserting `UNLAWFUL PRESENCE' after `IMPROPER TIME OR PLACE;'; and

(2) in subsection (a)--

(A) by striking `Any alien' and inserting `Except as provided in subsection (b), any alien';

(B) by striking `or' before `(3)'; and

(C) by inserting after `concealment of a material fact,' the following: `or (4) is otherwise present in the United States in violation of the immigration laws or the regulations prescribed thereunder'.

(b) Clerical Amendment- The item in the table of contents of such Act relating to section 275 is amended by inserting `unlawful presence' after `improper time or place;'.

SEC. 6. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

(a) Increase in Authorized Funding- Paragraph (5)(C) of section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by striking `$950,000,000' and inserting `$1,500,000,000'.

(b) Clarification of Use of Funds for Transportation and Related Costs- Paragraph (6) of such section is amended by inserting `, including for transportation and related costs' after `for correctional purposes'.

SEC. 7. INCREASED PENALTIES FOR CERTAIN CRIMES BY ILLEGAL ALIENS.

(a) Possession of Firearms- Section 924(a)(2) of title 18, United States Code, is amended by adding at the end the following: `If the person described in section 922(g) is an alien who is not lawfully in this country and the offense is an offense under section 922(g), then the maximum term of imprisonment that may be imposed for that offense is 20 years.'.

(b) Distribution of Controlled Substances and Related Offenses- Section 404(a) of the Controlled Substances Act (21 U.S.C. 844) is amended by adding at the end the following: `If the offense under this section is committed by an alien who is not lawfully in this country, the maximum term of imprisonment that may be imposed for the offense is twice the maximum otherwise provided by this section.'.

SEC. 8. INCREASED PENALTIES FOR SMUGGLING PREVIOUSLY DEPORTED ALIENS.

Section 274(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(B)) is amended by inserting, `, but if the alien with respect to whom the violation occurs has a criminal conviction as recorded in the National Crime Information Center, the maximum term of imprisonment is 20 years' after `or both'.