S 1269 ISCommentsClose CommentsPermalink

To improve border security in the United States and for other purposes.CommentsClose CommentsPermalink

May 2, 2007

Mr. INHOFE introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To improve border security in the United States and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the `Engaging the Nation to Fight for Our Right to Control Entry Act' or the `ENFORCE Act'.CommentsClose CommentsPermalink





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





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM

Sec. 101. National Border Neighborhood Watch Program.CommentsClose CommentsPermalink





Sec. 102. Definitions.CommentsClose CommentsPermalink





Sec. 103. BRAVE Force.CommentsClose CommentsPermalink





Sec. 104. Civilian volunteers.CommentsClose CommentsPermalink





Sec. 105. Liability of BRAVE Force employees and civilian volunteers.CommentsClose CommentsPermalink





Sec. 106. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE II--CRIMINAL PENALTIES

Sec. 201. Forgery of Federal documents.CommentsClose CommentsPermalink





Sec. 202. Penalties for aliens unlawfully present in the United States and for illegal entry.CommentsClose CommentsPermalink

TITLE III--ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT FIELD OFFICE

Sec. 301. Findings.CommentsClose CommentsPermalink





Sec. 302. Requirement to establish a field office in Tulsa, Oklahoma.CommentsClose CommentsPermalink

TITLE IV--IMMIGRATION ENFORCEMENT TRAINING

Sec. 401. Immigration enforcement training demonstration project.CommentsClose CommentsPermalink





Sec. 402. Expansion of program.CommentsClose CommentsPermalink





Sec. 403. Authorization of appropriations.CommentsClose CommentsPermalink

TITLE V--CITIZENSHIP

Sec. 501. Short title.CommentsClose CommentsPermalink





Sec. 502. Purpose.CommentsClose CommentsPermalink





Sec. 503. Citizenship at birth for children of noncitizen, nonpermanent resident aliens.CommentsClose CommentsPermalink

TITLE VI--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM

Subtitle A--Identification Standards

Sec. 601. Identification standards for Federal benefits.CommentsClose CommentsPermalink





Sec. 602. Independent verification of birth records provided in support of applications for social security account numbers.CommentsClose CommentsPermalink





Sec. 603. Electronic birth and death registration systems.CommentsClose CommentsPermalink

Subtitle B--Reversing Unlawful Immigration

Sec. 611. Limited duration social security account numbers for nonimmigrants.CommentsClose CommentsPermalink





Sec. 612. Mandatory notification of social security account number mismatches and multiple uses.CommentsClose CommentsPermalink





Sec. 613. No social security credit for work performed while unlawfully present.CommentsClose CommentsPermalink





Sec. 614. Reducing individual taxpayer identification number abuse.CommentsClose CommentsPermalink





Sec. 615. Limited eligibility for tax credits.CommentsClose CommentsPermalink





Sec. 616. Penalties for failure to file correct information returns.CommentsClose CommentsPermalink





Sec. 617. Clarification of inherent authority of State and local law enforcement.CommentsClose CommentsPermalink





Sec. 618. United States Immigration and Customs Enforcement response to requests for assistance from State and local law enforcement.CommentsClose CommentsPermalink

Subtitle C--Technology

Sec. 621. Construction of fencing and security improvements in border area from Pacific Ocean to Gulf of Mexico.CommentsClose CommentsPermalink





Sec. 622. Study and report on the use of technology to prevent unlawful immigration.CommentsClose CommentsPermalink

TITLE VII--DAY LABORER CENTERS

Sec. 701. Use of day laborer centers to secure employment for illegal aliens.CommentsClose CommentsPermalink





Sec. 702. Investigation of illegal aliens.CommentsClose CommentsPermalink





Sec. 703. Referrals to the IRS.CommentsClose CommentsPermalink





Sec. 704. Amendments to Immigration and Nationality Act.CommentsClose CommentsPermalink





Sec. 705. Amendment to Personal Responsibility and Work Opportunity Reconciliation Act of 1996.CommentsClose CommentsPermalink

TITLE VIII--HIGHER EDUCATION BENEFITS FOR ILLEGAL ALIENS

Sec. 801. Limitation on eligibility.CommentsClose CommentsPermalink

TITLE IX--IMMIGRATION LITIGATION PROCEDURES

Sec. 901. Short title.CommentsClose CommentsPermalink





Sec. 902. Appropriate remedies for immigration litigation.CommentsClose CommentsPermalink





Sec. 903. Severability.CommentsClose CommentsPermalink





Sec. 904. Effective date.CommentsClose CommentsPermalink

TITLE I--NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM

SEC. 101. NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM.

The Commissioner shall establish a National Border Neighborhood Watch Program to combat illegal immigration and shall permit retired law enforcement officers and civilian volunteers to assist in carrying out the NBNW Program, as described in this title.CommentsClose CommentsPermalink

SEC. 102. DEFINITIONS.

In this title:CommentsClose CommentsPermalink





(1) BRAVE FORCE- The term `BRAVE Force' means the Border Regiment Assisting in Valuable Enforcement Force established pursuant to section 103. The term `Commissioner' means the Commissioner responsible for United States Customs and Border Protection.CommentsClose CommentsPermalink





(2) DEPARTMENT- The term `Department' means the Department of Homeland Security.CommentsClose CommentsPermalink





(3) NBNW PROGRAM- The term `NBNW Program' means the National Border Neighborhood Watch Program established pursuant to section 101.CommentsClose CommentsPermalink





(4) UNITED STATES CUSTOMS AND BORDER PROTECTION- The term `United States Customs and Border Protection' means the United States Customs and Border Protection of the Department.CommentsClose CommentsPermalink

SEC. 103. BRAVE FORCE.

(a) Establishment- The Commissioner shall establish a Border Regiment Assisting in Valuable Enforcement Force to assist the Commissioner in carrying out the NBNW Program.CommentsClose CommentsPermalink





(b) Composition of BRAVE Force-CommentsClose CommentsPermalink





(1) IN GENERAL- The BRAVE force shall be composed of retired law enforcement officers hired by the Commissioner.CommentsClose CommentsPermalink





(2) RETIRED LAW ENFORCEMENT OFFICERS DEFINED- In this subsection, the term `retired law enforcement officer' means an individual who--CommentsClose CommentsPermalink





(A) has retired from employment as a Federal, State, or local law enforcement officer; andCommentsClose CommentsPermalink





(B) has not reached retirement age (as that term is defined in section 216(l) of the Social Security Act (42 U.S.C. 416(l)).CommentsClose CommentsPermalink





(c) Effect on Personnel Caps- Employees of the BRAVE Force shall not count against any limit on the number of employees of United States Customs and Border Protection or of the Department.CommentsClose CommentsPermalink





(d) Retired Annuitants- An employee of the BRAVE Force who was employed by an agency or department of the United States prior to employment in the BRAVE Force shall be considered a rehired annuitant and shall have no reduction in annuity as a result of employment in the BRAVE Force.CommentsClose CommentsPermalink

SEC. 104. CIVILIAN VOLUNTEERS.

(a) In General- The Commissioner shall provide the opportunity for civilian volunteers to participate in the NBNW Program under the terms and conditions that the Commissioner determines are appropriate.CommentsClose CommentsPermalink





(b) Organization- To the extent possible, not less than 3 civilian volunteers participating in the NBNW Program may report to each employee of BRAVE Force.CommentsClose CommentsPermalink





(c) Duties of Volunteers- A civilian volunteer who is participating in the NBNW Program shall report any violation of Federal immigration law to an appropriate employee of BRAVE Force as soon as possible after observing such violation.CommentsClose CommentsPermalink





(d) Reimbursement- The Commissioner shall reimburse any civilian volunteer participating in the NBNW Program for any reasonable expenses incurred by the volunteer related to such participation.CommentsClose CommentsPermalink

SEC. 105. LIABILITY OF BRAVE FORCE EMPLOYEES AND CIVILIAN VOLUNTEERS.

(a) Civilians- A civilian volunteer participating in the NBNW Program under this title shall not be entitled to any immunity from personal liability by virtue of such volunteer's participation in the NBNW Program.CommentsClose CommentsPermalink





(b) Employees- No employee of the BRAVE Force or of the Department may be held liable for any act of a civilian volunteer participating in the NBNW Program under this title.CommentsClose CommentsPermalink

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be necessary to carry out this title.CommentsClose CommentsPermalink

TITLE II--CRIMINAL PENALTIES

SEC. 201. FORGERY OF FEDERAL DOCUMENTS.

(a) In General- Chapter 25 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink

`Sec. 515. Federal records, documents, and writings, generally

`Any person who--CommentsClose CommentsPermalink





`(1) falsely makes, alters, forges, or counterfeits any Federal record, Federal document, Federal writing, or record, document, or writing characterizing, or purporting to characterize, official Federal activity, service, contract, obligation, duty, property, or chose;CommentsClose CommentsPermalink





`(2) utters or publishes as true, or possesses with intent to utter or publish as true, any record, document, or writing described in paragraph (1), knowing, or negligently failing to know, that such record, document, or writing has not been verified, has been inconclusively verified, is unable to be verified, or is false, altered, forged, or counterfeited;CommentsClose CommentsPermalink





`(3) transmits to, or presents at any office, or to any officer, of the United States, any record, document, or writing described in paragraph (1), knowing, or negligently failing to know, that such record, document, or writing has not been verified, has been inconclusively verified, is unable to be verified, or is false, altered, forged, or counterfeited;CommentsClose CommentsPermalink





`(4) attempts, or conspires to commit, any of the acts described in paragraphs (1) through (3); orCommentsClose CommentsPermalink





`(5) while outside of the United States, engages in any of the acts described in paragraphs (1) through (3),CommentsClose CommentsPermalink





shall be fined under this title, imprisoned not more than 10 years, or both.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents for chapter 25 of title 18, United States Code, is amended by inserting after the item relating to section 514 the following:CommentsClose CommentsPermalink





`515. Federal records, documents, and writings, generally.'.CommentsClose CommentsPermalink

SEC. 202. PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES AND FOR ILLEGAL ENTRY.

(a) Aliens Unlawfully Present-CommentsClose CommentsPermalink





(1) IN GENERAL- Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after section 275 the following:CommentsClose CommentsPermalink

`CRIMINAL PENALTIES AND FORFEITURE FOR UNLAWFUL PRESENCE IN THE UNITED STATES

`Sec. 275A. (a) In General- In addition to any other penalty, an alien who is present in the United States in violation of this Act shall be guilty of a felony and shall be fined under title 18, United States Code, imprisoned not less than 1 year, or both, and the assets of such an alien shall be subject to forfeiture under title 18, United States Code.CommentsClose CommentsPermalink





`(b) Defense- An alien who is present in the United States in violation of this Act shall not be subject to the penalties described in subsection (a), if such period of unlawful presence began upon the expiration of a period of the alien's lawful presence in the United States and the alien failed to depart the United States at the expiration of the period of lawful presence due to an exceptional and extremely unusual hardship or physical illness that prevented the alien from departing the United States.'.CommentsClose CommentsPermalink





(2) CLERICAL AMENDMENT- The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 275 the following:CommentsClose CommentsPermalink





`Sec. 275A. Criminal penalties and forfeiture for unlawful presence in the United States.'.CommentsClose CommentsPermalink





(b) Increase in Criminal Penalties for Illegal Entry- Section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is amended by striking `not more than 6 months,' and inserting `not less than 1 year,'.CommentsClose CommentsPermalink

TITLE III--ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT FIELD OFFICE

SEC. 301. FINDINGS.

Congress makes the following findings:CommentsClose CommentsPermalink





(1) On July 17, 2002, 18 aliens who were illegally present in the United States, including 3 minors, were taken into custody by the Tulsa County Sheriff's Department. The aliens were later released by officials of the former Immigration and Naturalization Service.CommentsClose CommentsPermalink





(2) On August 13, 2002, an immigration task force meeting convened in Tulsa, Oklahoma, with the goal of bringing together local law enforcement and the Immigration and Naturalization Service to open a dialogue to find effective ways to better enforce Federal immigration laws in Oklahoma.CommentsClose CommentsPermalink





(3) On January 22, 2003, 4 new agents were hired for duty at the Immigration and Naturalization Service office in Oklahoma City.CommentsClose CommentsPermalink





(4) On January 30, 2003, 6 new special agents were added to the staff of Immigration and Naturalization Service in Oklahoma.CommentsClose CommentsPermalink





(5) Officers of the police department of the City of Catoosa, Oklahoma stopped a truck carrying 18 individuals, including children, in the early morning hours of September 22, 2004. Only 2 of the individuals produced identification. Officials of United States Immigration and Customs Enforcement of the Department of Homeland Security authorized the release of the 18 individuals, who may have been present in the United States illegally. Catoosa police arrested one adult on drug possession charges and the remaining individuals were released.CommentsClose CommentsPermalink





(6) Oklahoma has 1 Office of Investigations of United States Immigration and Customs Enforcement, which is located in Oklahoma City. In 2005, 12 agents of United States Immigration and Customs Enforcement served the 3,500,000 people residing in Oklahoma.CommentsClose CommentsPermalink





(7) Highway I-44 and U.S.-75 are major roads that run through Tulsa, Oklahoma, and are used to transport illegal aliens to all areas of the United States.CommentsClose CommentsPermalink





(8) Seven agents of the Drug Enforcement Administration and an estimated 22 agents of the Federal Bureau of Investigation are assigned to duty stations in Tulsa, Oklahoma, and there are no agents of United States Immigration and Customs Enforcement who are assigned to a duty station in Tulsa, Oklahoma.CommentsClose CommentsPermalink





(9) The establishment of a field office of the Office of Investigations of United States Immigration and Customs Enforcement in Tulsa, Oklahoma, will help enforce Federal immigration laws in eastern Oklahoma.CommentsClose CommentsPermalink

SEC. 302. REQUIREMENT TO ESTABLISH A FIELD OFFICE IN TULSA, OKLAHOMA.

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish a field office of the Office of Investigations of United States Immigration and Customs Enforcement in Tulsa, Oklahoma.CommentsClose CommentsPermalink

TITLE IV--IMMIGRATION ENFORCEMENT TRAINING

SEC. 401. IMMIGRATION ENFORCEMENT TRAINING DEMONSTRATION PROJECT.

(a) In General-CommentsClose CommentsPermalink





(1) AUTHORITY- The Secretary of Homeland Security shall provide assistance to the President of Cameron University, located in Lawton, Oklahoma, to establish and implement the demonstration project described in this title (referred to in this title as the `Project').CommentsClose CommentsPermalink





(2) PURPOSE- The purposes of the Project shall be to assess the feasibility of establishing a nationwide training curriculum that is provided electronically through the Internet that covers basic immigration law enforcement issues to be used by State, local, and tribal law enforcement officers in order to improve and enhance the ability of such officers, during the routine course of duties, to assist Federal immigration officers in the enforcement of immigration laws of the United States.CommentsClose CommentsPermalink





(b) Project Director Responsibilities- The Project shall be carried out by the Project Director, who shall, not later than 90 days after the date that assistance is provided to the President of Cameron University under subsection (a)(1)--CommentsClose CommentsPermalink





(1) develop an interactive website that--CommentsClose CommentsPermalink





(A) provides State, local, and tribal law enforcement officers access to the training curriculum described in paragraph (2);CommentsClose CommentsPermalink





(B) enrolls officers in such curriculum;CommentsClose CommentsPermalink





(C) records the performance of officers who complete the curriculum;CommentsClose CommentsPermalink





(D) tracks officers' proficiency in learning the concepts taught in the curriculum;CommentsClose CommentsPermalink





(E) ensures a high-level of security; andCommentsClose CommentsPermalink





(F) encrypts personal and sensitive information;CommentsClose CommentsPermalink





(2) develop a training curriculum that--CommentsClose CommentsPermalink





(A) is comprised of not more than 4 hours of training;CommentsClose CommentsPermalink





(B) is accessible through the website described in paragraph (1);CommentsClose CommentsPermalink





(C) covers the basic principles and practices of immigration law and the policies that relate to the enforcement of immigration laws;CommentsClose CommentsPermalink





(D) includes instruction related to immigration matters including--CommentsClose CommentsPermalink





(i) employment-based and family-based immigration;CommentsClose CommentsPermalink





(ii) the types of nonimmigrant visas available to aliens;CommentsClose CommentsPermalink





(iii) the differences between immigrant and nonimmigrant status;CommentsClose CommentsPermalink





(iv) the differences between lawful and unlawful presence in the United States;CommentsClose CommentsPermalink





(v) the criminal and civil consequences of unlawful presence in the United States;CommentsClose CommentsPermalink





(vi) the grounds for removal of aliens;CommentsClose CommentsPermalink





(vii) the types of false identification commonly used by illegal and criminal aliens;CommentsClose CommentsPermalink





(viii) the common methods of smuggling aliens into the United States and groups that commonly participate in alien smuggling rings;CommentsClose CommentsPermalink





(ix) the inherent legal authority of local law enforcement officers to enforce Federal immigration laws; andCommentsClose CommentsPermalink





(x) detention and removal procedures for aliens, including expeditious removal;CommentsClose CommentsPermalink





(E) is accessible through the website described in paragraph (1); andCommentsClose CommentsPermalink





(F) incorporates content similar to that covered in the 4-hour training course provided by the employees of the Immigration and Naturalization Service to Alabama State Troopers during 2003, and content similar to that in the training given pursuant to an agreement by the State under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)), including training in identifying fraudulent immigration documents; andCommentsClose CommentsPermalink





(3) assess the feasibility of expanding to State, local, and tribal law enforcement agencies throughout the United States the website described in paragraph (1) and the training curriculum described in paragraph (2).CommentsClose CommentsPermalink





(c) Duration of the Project- Subsection to section 402, the Project Director shall carry out the Project during the 2-year period beginning 90 days after the date that assistance is provided to the President of Cameron University under subsection (a)(1).CommentsClose CommentsPermalink





(d) Participation-CommentsClose CommentsPermalink





(1) TOTAL PARTICIPATION- The Project Director shall design the Project to provide the training course described in subsection (b)(2) to a total of 100,000 law enforcement officers.CommentsClose CommentsPermalink





(2) PARTICIPATION BY STATE- The Project Director shall make the training course described in subsection (b)(2) available to State, local, or tribal law enforcement officers from--CommentsClose CommentsPermalink





(A) Alabama;CommentsClose CommentsPermalink





(B) Colorado;CommentsClose CommentsPermalink





(C) Florida;CommentsClose CommentsPermalink





(D) Oklahoma;CommentsClose CommentsPermalink





(E) Texas; andCommentsClose CommentsPermalink





(F) at least 1, but not more than 3, other States.CommentsClose CommentsPermalink





(3) SELECTION OF PARTICIPANTS- The Project Director shall ensure that participation in the Project--CommentsClose CommentsPermalink





(A) is apportioned among the States described in paragraph (2) according the population of each such State;CommentsClose CommentsPermalink





(B) is equally apportioned between State, county, and municipal law enforcement agency officers;CommentsClose CommentsPermalink





(C) includes, when practicable, a significant number of tribal law enforcement officers; andCommentsClose CommentsPermalink





(D) includes law enforcement officers from urban, rural, and highly rural areas.CommentsClose CommentsPermalink





(4) RECRUITMENT- The Project Director shall begin recruitment of participants for the Project as soon as possible and shall conduct such recruitment concurrently with the establishment and implementation of the training curriculum described in subsection (b)(2).CommentsClose CommentsPermalink





(5) LIMITATION ON PARTICIPATION- An officer is ineligible to participate in the demonstration project if the officer is employed by a State, local, or tribal law enforcement agency that--CommentsClose CommentsPermalink





(A) has in effect a statute, policy, or practice that prohibits its law enforcement officers from cooperating with Federal immigration enforcement agents; orCommentsClose CommentsPermalink





(B) is otherwise not in compliance with the requirements of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).CommentsClose CommentsPermalink





(6) ADDITIONAL REQUIREMENTS- Each law enforcement officer selected to participate in the training course described in subsection (b)(2)--CommentsClose CommentsPermalink





(A) shall undergo standard vetting procedures, similar to the procedures in the Federal Law Enforcement Training Center Distributed Learning Program, to ensure that each participant is a bona fide law enforcement officer; andCommentsClose CommentsPermalink





(B) shall be granted continuous access, throughout the 2-year period of the Project, to the training curriculum and to other training and reference resources accessible through the website described in subsection (b)(1).CommentsClose CommentsPermalink





(e) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than the date of expiration of the 2-year period described in subsection (c), the Project Director shall submit to the appropriate congressional committees a report on the participation of State, local, and tribal law enforcement officers in the Project, including an estimate of--CommentsClose CommentsPermalink





(A) the cost savings realized by offering training through the training course described in subsection (b)(2) instead of through the residential classroom method;CommentsClose CommentsPermalink





(B) the difference between the number of law enforcement officers who received training through such training course and the number of law enforcement officers who could have received training through the residential classroom method in the same 2-year period;CommentsClose CommentsPermalink





(C) the effectiveness of such training course with respect to the performance of officers who participated in such training course;CommentsClose CommentsPermalink





(D) the convenience afforded to officers who participated in such training course as a result of the officers' ability to access the course at their own convenience and to return to the website described in subsection (b)(1) for refresher training and reference; andCommentsClose CommentsPermalink





(E) the ability of such website to safeguard the private and personal information of officers who took such training course while providing supervisors with appropriate information about the officers' performance and course completion.CommentsClose CommentsPermalink





(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this subsection the term `appropriate congressional committees' means the Committee on the Judiciary and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on the Judiciary and the Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink

SEC. 402. EXPANSION OF PROGRAM.

(a) In General- After the completion of the Project, the Secretary of Homeland Security shall--CommentsClose CommentsPermalink





(1) continue to make the website described in section 401(b)(1) and the training course described in section 401(b)(2) available to law enforcement officers;CommentsClose CommentsPermalink





(2) annually enroll up to 100,000 additional State, local, or tribal law enforcement officers in such training course; andCommentsClose CommentsPermalink





(3) consult with Congress regarding the addition, substitution, or removal of States eligible to participate in such training course.CommentsClose CommentsPermalink





(b) Limitation on Participation- A law enforcement officer is ineligible to participate in the expansion of the Project if the law enforcement officer is employed by a State, local, or tribal law enforcement agency that--CommentsClose CommentsPermalink





(1) has in effect a statute, policy, or practice that prohibits its law enforcement officers from cooperating with Federal immigration enforcement agents; orCommentsClose CommentsPermalink





(2) is otherwise not in compliance with the requirements of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).CommentsClose CommentsPermalink

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

(a) Fiscal Year 2008- There are authorized to be appropriated $3,000,000 to the Secretary of Homeland Security in fiscal year 2008 to carry out this title.CommentsClose CommentsPermalink





(b) Subsequent Fiscal Years- There are authorized to be appropriated to the Secretary of Homeland Security during each fiscal year after fiscal year 2008 such sums as may be necessary to continue to operate, promote, and recruit participants for the Project and the expansion of the Project described in section 402.CommentsClose CommentsPermalink





(c) Availability of Funds- Funds appropriated under this section are authorized to remain available until expended.CommentsClose CommentsPermalink

TITLE V--CITIZENSHIP

SEC. 501. SHORT TITLE.

This title may be cited as the `Citizenship Reform Act of 2007'.CommentsClose CommentsPermalink

SEC. 502. PURPOSE.

The purpose of this title is to clarify that citizenship at birth is available to a child born in the United States to a parent who is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States.CommentsClose CommentsPermalink

SEC. 503. CITIZENSHIP AT BIRTH FOR CHILDREN OF NONCITIZEN, NONPERMANENT RESIDENT ALIENS.

(a) In General- Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended--CommentsClose CommentsPermalink





(1) by redesignating subsections (a) through (h) as paragraphs (1) through (8); andCommentsClose CommentsPermalink





(2) by striking `The following' and inserting `(a) In General- Except as otherwise provided in subsection (b), the following'; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(b) Children Born to Nationals of the United States or to Aliens Lawfully Admitted for Permanent Residence in the United States- For the purposes of subsection (a)(1), a person born in the United States shall be considered to be subject to the jurisdiction of the United States only if the person was born in the United States to parents, one of whom is--CommentsClose CommentsPermalink





`(1) a national of the United States; orCommentsClose CommentsPermalink





`(2) an alien who is lawfully admitted for permanent residence and maintains his or her residence in the United States.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall apply only to individuals born on or after the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE VI--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM

Subtitle A--Identification Standards

SEC. 601. IDENTIFICATION STANDARDS FOR FEDERAL BENEFITS.

(a) Federal Agencies- No department, agency, commission, other entity, or employee of the Federal Government may, for the purpose of establishing identity, accept, recognize, rely on, or authorize the acceptance, recognition, or reliance on, any document not described in subsection (c).CommentsClose CommentsPermalink





(b) State and Local Agencies- No department, agency, commission, other entity, or employee of a State or local government charged with providing or approving applications for public benefits or services funded in whole or in part with Federal funds may, for the purpose of establishing identity, accept, recognize, rely on, or authorize the acceptance, recognition, or reliance on, any document except those described in subsection (c).CommentsClose CommentsPermalink





(c) Acceptable Identification- Documents acceptable for the purpose of establishing identity are--CommentsClose CommentsPermalink





(1) a valid, unexpired United States passport, immigration document, and other identity document issued by a Federal authority, excluding an individual taxpayer identification number issued by the Internal Revenue Service;CommentsClose CommentsPermalink





(2) a valid, unexpired driver's license or identification card (as those terms are defined in section 201 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note)) issued by a State, if the State--CommentsClose CommentsPermalink





(A) is in compliance with the minimum standards for the issuance of a driver's license or identification card set forth in title II of the REAL ID Act of 2005 (49 U.S.C. 30301 note); orCommentsClose CommentsPermalink





(B)(i) statutorily bars issuance of a driver's license or identification card to an alien who is unlawfully present in the United States; andCommentsClose CommentsPermalink





(ii) requires independent verification with the issuing agency of records provided by the applicant in support of the application for a driver's license or identification card; andCommentsClose CommentsPermalink





(3) valid, unexpired foreign passports, if such passports include, or are accompanied by, proof of lawful presence in the United States.CommentsClose CommentsPermalink

SEC. 602. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.

(a) Applications for Social Security Account Numbers- Section 205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended--CommentsClose CommentsPermalink





(1) by inserting `(I)' after `(ii)'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(II) With respect to an application for a social security account number for an individual, other than for purposes of enumeration at birth, the Commissioner of Social Security shall require independent verification of any birth record provided by the applicant in support of the application from the agency that issued such record.'.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 603. ELECTRONIC BIRTH AND DEATH REGISTRATION SYSTEMS.

(a) Establishment- The Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, shall work cooperatively with the States--CommentsClose CommentsPermalink





(1) to establish a common data set and common data exchange protocol among the States for electronic birth registration systems and death registration systems;CommentsClose CommentsPermalink





(2) to coordinate requirements for such systems to align with a national model;CommentsClose CommentsPermalink





(3) to ensure that fraud prevention is built into the design of such systems to prevent fraud related to the collection of vital event data, the issuance of birth certificates, and the exchange of data among government agencies;CommentsClose CommentsPermalink





(4) to ensure that electronic systems for issuing birth certificates, in the form of printed abstracts of birth records or digitized images, employ a common format for the printing of a certified copy of such a certificate, so that an authorized person may quickly confirm the validity of such a certificate;CommentsClose CommentsPermalink





(5) not later than 5 years after the date of the enactment of this Act, to establish procedures for authorized Federal and State agency users to use a single interface to generate an electronic query to any participating vital records jurisdiction throughout the United States to verify the contents of a paper birth certificate that require each participating jurisdiction to provide an electronic response to a request for information regarding an individual that indicates--CommentsClose CommentsPermalink





(A) whether the information in a birth record for such individual in the database of such jurisdiction is consistent with the information contained on the paper birth certificate; andCommentsClose CommentsPermalink





(B) whether the information for such individual in the database of such jurisdiction indicates that the individual is deceased;CommentsClose CommentsPermalink





(6) establish and implement uniform field requirements for State birth registries to be included in such systems and such requirements may not require the utilization of biometric identifiers;CommentsClose CommentsPermalink





(7) not later than 6 months after the date of the enactment of this Act, submit to Congress a report regarding--CommentsClose CommentsPermalink





(A) the need for Federal laws to address penalties for fraud and misuse of vital records; andCommentsClose CommentsPermalink





(B) the sufficiency of the enforcement of such violations;CommentsClose CommentsPermalink





(8) not later than 1 year after the date of the enactment of this Act, establish--CommentsClose CommentsPermalink





(A) in consultation with the Secretary of Defense, a process to share data with the States and the Commissioner of Social Security regarding deaths of United States military personnel and the births and deaths of the dependents of such personnel; andCommentsClose CommentsPermalink





(B) in consultation with the Secretary of State, a process to improve registration, notification, and the sharing of data with the States and the Commissioner of Social Security regarding births and deaths of United States citizens abroad; andCommentsClose CommentsPermalink





(9) not later than 3 years after the establishment of the birth and death registration systems under this section, to require States to record and retain electronic records of pertinent identification information collected from requesters who are not the registrants.CommentsClose CommentsPermalink





(b) Grants to States- The Secretary of Homeland Security may award grants to States to assist the States in participating in the systems referred to in this section.CommentsClose CommentsPermalink





(c) Authority- All authority to issue regulations, certify standards, and issue grants under this section shall be carried out by the Secretary of Homeland Security, with the concurrence of the Secretary of Health and Human Services and in consultation with State vital statistics offices and appropriate Federal agencies.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security for each of the fiscal years 2008 through 2010 such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink

Subtitle B--Reversing Unlawful Immigration

SEC. 611. LIMITED DURATION SOCIAL SECURITY ACCOUNT NUMBERS FOR NONIMMIGRANTS.

(a) Timing of Issuance to Aliens- Section 205(c)(2)(B)(i)(I) of the Social Security Act (42 U.S.C. 405(c)(2)(B)(i)(I)) is amended to read as follows:CommentsClose CommentsPermalink





`(I) to aliens at the time of their lawful admission to the United States for, or adjustment of status to--CommentsClose CommentsPermalink





`(aa) permanent residence; orCommentsClose CommentsPermalink





`(bb) temporary or other short-term residence in a category that permits them to engage in employment in the United States, except that such aliens shall be issued the social security cards described in the second sentence of subparagraph (G);'.CommentsClose CommentsPermalink





(b) Temporary Social Security Cards for Nonimmigrants- Section 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is amended--CommentsClose CommentsPermalink





(1) by inserting `(i)' after `(G)'; andCommentsClose CommentsPermalink





(2) by striking `The social security card' and inserting the following:CommentsClose CommentsPermalink





`(ii) A social security card issued to an alien who is not a lawful permanent resident, but who is authorized to engage in employment in the United States, shall bear on its face an expiration date that coincides with the expiration of the alien's permission to be employed in the United States. The social security account number on such card shall not be valid to prove work authorization, either through the Employment Authorization Status Instant Check or otherwise, following the expiration of the card.CommentsClose CommentsPermalink





`(iii) The social security card'.CommentsClose CommentsPermalink

SEC. 612. MANDATORY NOTIFICATION OF SOCIAL SECURITY ACCOUNT NUMBER MISMATCHES AND MULTIPLE USES.

(a) Notification of Mismatched Name and Social Security Account Number-CommentsClose CommentsPermalink





(1) EMPLOYER NOTIFICATION- Not less frequently than once each year, the Commissioner of Social Security shall provide a notification to each United States employer with 1 or more employees whom the Commissioner has determined to have a social security account number that does not match the name or date of birth of each such employee in the Commissioner's records.CommentsClose CommentsPermalink





(2) EMPLOYEE NOTIFICATION- The notification under paragraph (1) shall--CommentsClose CommentsPermalink





(A) instruct an employer to inform an employee described in paragraph (1) that if the employee fails to correct the information related to the employee's social security account number with the Commissioner within a period of 10 business days, the employer will be required to terminate the employment of such employee; andCommentsClose CommentsPermalink





(B) prohibit the employer from terminating such employment prior to the conclusion of such 10-day period, unless the employee admits that the employee fraudulently obtained a social security account number.CommentsClose CommentsPermalink





(b) Notification of Multiple Uses of Individual Social Security Account Numbers-CommentsClose CommentsPermalink





(1) IN GENERAL- The Commissioner of Social Security may not credit any individual with concurrent earnings from more than 1 employer before notifying the individual that earnings from 2 or more employers are being reported under the individual's social security account number.CommentsClose CommentsPermalink





(2) CONTENTS OF NOTICE- Notice under paragraph (1) shall--CommentsClose CommentsPermalink





(A) include the name and location of each employer;CommentsClose CommentsPermalink





(B) direct the individual to--CommentsClose CommentsPermalink





(i) contact the Commissioner of Social Security to present proof that the individual is the person to whom the social security account number was issued; andCommentsClose CommentsPermalink





(ii) if applicable, present a pay stub or other documentation showing that such individual is employed by all employers reporting earnings to that social security account number.CommentsClose CommentsPermalink

SEC. 613. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED WHILE UNLAWFULLY PRESENT.

Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 214(c)(1), by striking `at the time of assignment, or at any later time' and inserting `at the time any such quarters of coverage are earned'; andCommentsClose CommentsPermalink





(2) in section 223(a)(1)(C)(i), by striking `at the time of assignment, or at any later time' and inserting `at the time any quarters of coverage are earned'.CommentsClose CommentsPermalink

SEC. 614. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.

(a) Modified Format and Lawful Presence Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 6109(c) of the Internal Revenue Code of 1986 is amended to read as follows:CommentsClose CommentsPermalink





`(c) Requirement of Information-CommentsClose CommentsPermalink





`(1) IN GENERAL- For purposes of this section, the Secretary is authorized to require from any person such information as may be necessary to assign an identifying number.CommentsClose CommentsPermalink





`(2) SEPARATE FROM SOCIAL SECURITY ACCOUNT NUMBERS- Any identifying number assigned by the Secretary shall be comprised of a sequence of numerals and dashes that is visually distinguishable from, and will not be mistaken for, a social security account number.CommentsClose CommentsPermalink





`(3) VERIFICATION OF STATUS FOR ALIENS- Prior to issuing any identifying number, the Secretary shall verify with the Secretary of Homeland Security that the applicant for such number is lawfully present in the United States.'.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- Section 6109(c)(2) of the Internal Revenue Code of 1986, as added by paragraph (1), shall take effect on the date that is 30 days after the date of the enactment of this Act.CommentsClose CommentsPermalink





(b) Information Sharing-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 6103(i)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following:CommentsClose CommentsPermalink





`(D) POSSIBLE VIOLATIONS OF FEDERAL IMMIGRATION LAW- The Secretary shall disclose, in electronic format to the Secretary of Homeland Security, the taxpayer identity of each taxpayer who has been assigned an individual taxpayer identification number. The Secretary of Homeland Security may disclose such information to officers and employees of the Department to the extent necessary to enforce Federal immigration laws.'.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The Secretary of the Treasury shall disclose information under the amendment made by paragraph (1) not later than 60 days after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 615. LIMITED ELIGIBILITY FOR TAX CREDITS.

Notwithstanding any other provision of law, an individual who submits to the Internal Revenue Service an income tax return that relies on an individual taxpayer identification number in lieu of a social security account number shall not be eligible for any tax credit, including the earned income tax credit under section 32 of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink

SEC. 616. PENALTIES FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.

(a) Penalties for Egregious Noncompliance of Employers- Section 6721 of the Internal Revenue Code of 1986 is amended--CommentsClose CommentsPermalink





(1) by striking subsections (b), (c), and (d);CommentsClose CommentsPermalink





(2) by redesignating subsection (e) as subsection (b); andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(c) Penalty for Egregious Noncompliance of Employers- The Secretary shall assess the maximum allowable penalties from each employer--CommentsClose CommentsPermalink





`(1) designated in any taxable year by the Social Security Administration as 1 of the most egregious noncompliant employers; andCommentsClose CommentsPermalink





`(2) whose noncompliance was either willful or resulted from gross negligence.'.CommentsClose CommentsPermalink





(b) Standard Compliance Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Commissioner of Social Security and the Secretary of Homeland Security, shall implement a regularly scheduled program for proposing, assessing, and collecting penalties from persons who include incorrect information in tax returns filed under the Internal Revenue Code of 1986, if such information was included either willfully or through gross negligence.CommentsClose CommentsPermalink





(2) REPORT- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall submit to Congress a report on the results of the program required under paragraph (1), including--CommentsClose CommentsPermalink





(A) the total number of filers who submitted incorrect information returns;CommentsClose CommentsPermalink





(B) the number of incorrect information returns submitted by such filers;CommentsClose CommentsPermalink





(C) the total amount of penalties proposed, assessed, and collected through the program; andCommentsClose CommentsPermalink





(D) the number of waivers granted to filers of incorrect information returns.CommentsClose CommentsPermalink

SEC. 617. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW ENFORCEMENT.

Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to apprehend, arrest, detain, or transfer to Federal custody aliens in the United States, including the transportation of such aliens across State lines to detention centers, in the enforcement of the immigration laws of the United States.CommentsClose CommentsPermalink

SEC. 618. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT RESPONSE TO REQUESTS FOR ASSISTANCE FROM STATE AND LOCAL LAW ENFORCEMENT.

(a) 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:CommentsClose CommentsPermalink

`CUSTODY OF ILLEGAL ALIENS

`Sec. 240D. (a) Transfer of Custody to the Federal Government- If the chief executive officer of a State or, if appropriate, a political subdivision of a State, exercising authority with respect to the apprehension of an illegal alien submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary of Homeland Security--CommentsClose CommentsPermalink





`(1) shall--CommentsClose CommentsPermalink





`(A) not later than 48 hours after the conclusion of the State charging process or dismissal process, or if no State charging or dismissal process is required, not later than 48 hours after the illegal alien is apprehended, take the illegal alien into the custody of the Federal Government and incarcerate the alien; orCommentsClose CommentsPermalink





`(B) request that the relevant State or local law enforcement agency temporarily incarcerate or transport the illegal alien for transfer to Federal custody; andCommentsClose CommentsPermalink





`(2) shall designate a 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 criminal or illegal aliens to the Department of Homeland Security.CommentsClose CommentsPermalink





`(b) Reimbursement of States-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary of Homeland Security shall reimburse States, units of local government, and any private contractors for all reasonable expenses, as determined by the Secretary, incurred in the incarceration and transportation of an illegal alien as described in subsection (a)(1).CommentsClose CommentsPermalink





`(2) AMOUNT OF REIMBURSEMENT- Compensation provided for costs incurred under subsection (a)(1) shall be equal to the sum of--CommentsClose CommentsPermalink





`(A) the average 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; andCommentsClose CommentsPermalink





`(B) the cost of transporting the criminal or illegal alien from the point of apprehension, to the place of detention, and to the custody transfer point if the place of detention and place of custody are different.CommentsClose CommentsPermalink





`(c) Detention Facility Security- The Secretary of Homeland Security shall ensure that illegal aliens incarcerated in facilities pursuant to this section are held in facilities that provide an appropriate level of security.CommentsClose CommentsPermalink





`(d) Management of Transfers-CommentsClose CommentsPermalink





`(1) IN GENERAL- In carrying out this section, the Secretary of Homeland Security may establish a regular circuit and schedule for the prompt transfer of apprehended illegal aliens from the custody of States, political subdivisions of States, and private contractors to Federal custody.CommentsClose CommentsPermalink





`(2) CONTRACTS WITH STATE AND LOCAL LAW ENFORCEMENT- The Secretary of Homeland Security may enter into contracts with appropriate State and local law enforcement and detention officials to implement this section.CommentsClose CommentsPermalink





`(e) Illegal Alien Defined- For purposes of this section, the term `illegal alien' means an alien--CommentsClose CommentsPermalink





`(1) who entered the United States without inspection or at any time or place other than that designated by the Secretary of Homeland Security;CommentsClose CommentsPermalink





`(2) who was admitted as a nonimmigrant, or whose status was adjusted to that of a nonimmigrant under section 248, and who, at the time the alien was taken into custody by the State or a political subdivision of the State, had failed to--CommentsClose CommentsPermalink





`(A) maintain such nonimmigrant status; orCommentsClose CommentsPermalink





`(B) comply with the conditions of such nonimmigrant status;CommentsClose CommentsPermalink





`(3) who was admitted as an immigrant and has subsequently failed to comply with the requirements of such immigrant status; orCommentsClose CommentsPermalink





`(4) who failed to depart the United States under a voluntary departure agreement or under a final order of removal.'.CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated $500,000,000 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.).CommentsClose CommentsPermalink

Subtitle C--Technology

SEC. 621. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.

Section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1103 note) is amended--CommentsClose CommentsPermalink





(1) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink





`(1) SECURITY FEATURES-CommentsClose CommentsPermalink





`(A) REINFORCED FENCING-CommentsClose CommentsPermalink





`(i) IN GENERAL- In carrying out subsection (a), the Secretary of Homeland Security shall provide for--CommentsClose CommentsPermalink





`(I) the construction, along the southern international land border of the United States, starting at the Pacific Ocean and extending eastward to the Gulf of Mexico, of at least 2 layers of reinforced fencing; andCommentsClose CommentsPermalink





`(II) the installation of such additional physical barriers, roads, lighting, and sensors along such border as may be necessary to eliminate illegal crossings along such border, including--CommentsClose CommentsPermalink

`(aa) 2 coils of barbed wire;CommentsClose CommentsPermalink

`(bb) 2 tall, sturdy wire fences, with sensors to warn of any incursion;CommentsClose CommentsPermalink

`(cc) a patrol path for vehicles between the fences described in item (bb);CommentsClose CommentsPermalink

`(dd) a smoothed strip of sand that runs parallel to the fences to detect footprints;CommentsClose CommentsPermalink

`(ee) 2 ditches to prevent vehicles from approaching either fence;CommentsClose CommentsPermalink

`(ff) closed circuit television cameras; andCommentsClose CommentsPermalink

`(gg) motion detectors.CommentsClose CommentsPermalink

`(ii) PRIORITY AREAS- With respect to the border described in clause (i), the Secretary shall ensure that initial fence construction occurs in high traffic and smuggling areas along such border.CommentsClose CommentsPermalink





`(iii) CONSULTATION- Before installing any fencing or other physical barriers, roads, lighting, or sensors under clause (i) on land transferred by the Secretary of Defense under subparagraph (B), the Secretary shall consult with the Secretary of Defense for purposes of mitigating or limiting the impact of the fencing, barriers, roads, lighting, and sensors on military training and operations.CommentsClose CommentsPermalink





`(B) BORDER ZONE CREATION AND ACQUISITION-CommentsClose CommentsPermalink





`(i) IN GENERAL- In carrying out subsection (a), the Secretary of Homeland Security shall create and control a border zone, along the international land border described in subparagraph (A)(i)(I), subject to the following conditions:CommentsClose CommentsPermalink





`(I) SIZE- The border zone shall consist of the United States land area within 100 yards of the international land border described in subparagraph (A)(i)(I), except that with respect to areas of the border zone that are contained within an organized subdivision of a State or local government, the Secretary may adjust the area included in the border zone to accommodate existing public and private structures.CommentsClose CommentsPermalink





`(II) TREATMENT OF FEDERAL LAND- Not later than 30 days after the date of the enactment of the Southwest Border Security Act, the head of each Federal agency having jurisdiction over Federal land included in the border zone shall transfer such land, without reimbursement, to the administrative jurisdiction of the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(III) TREATMENT OF INDIAN LANDS- With respect to Indian lands included within the border zone, the Secretary shall obtain, through agreement, donation, purchase, or condemnation, the rights, titles, or interests in such real property that are sufficient to provide for the construction of the security features described in subparagraph (A)(i) and access to the border zone as may be necessary to deter illegal crossings into the United States. In this subclause, the terms `Indian lands' and `Indian tribe' shall have the meaning given such terms in section 2103 of the Revised Statutes (25 U.S.C. 81).CommentsClose CommentsPermalink





`(ii) PROPERTY REVIEW AND ACQUISITION-CommentsClose CommentsPermalink





`(I) PROPERTY REVIEW- The Secretary shall conduct a comprehensive review and value assessment of all property in the border zone owned by private parties, States, and local governments.CommentsClose CommentsPermalink





`(II) COMPLETION OF REVIEW- The Secretary shall complete the review required by subclause (I)--CommentsClose CommentsPermalink

`(aa) not later than 180 days after the date of the enactment of the Southwest Border Security Act, in the case of priority areas identified by subparagraph (A)(ii); andCommentsClose CommentsPermalink

`(bb) not later than 360 days after the date of the enactment of the Southwest Border Security Act in the case of other land in the border zone.CommentsClose CommentsPermalink

`(III) ACQUISITION- As soon as practicable after the date of the enactment of the Southwest Border Security Act, the Secretary shall commence proceedings for the acquisition of the rights, titles, or interest in such real property covered by the review described in subclause (I) in accordance with section 103(b) of the Immigration and Nationality Act (8 U.S.C. 1103(b)), and that are sufficient to provide for the construction of the security features described in subparagraph (A)(i) and access to the border zone as may be necessary to deter illegal crossings into the United States.CommentsClose CommentsPermalink





`(iii) OTHER USES- The Secretary may authorize the use of land included in the border zone for other purposes so long as such use does not impede the operation or effectiveness of the security features installed under subparagraph (A)(i) or the ability of the Secretary to carry out subsection (a).'; andCommentsClose CommentsPermalink





(2) by striking `Attorney General' and inserting `Secretary of Homeland Security' each place it appears.CommentsClose CommentsPermalink

SEC. 622. STUDY AND REPORT ON THE USE OF TECHNOLOGY TO PREVENT UNLAWFUL IMMIGRATION.

(a) Study- The Secretary of Homeland Security shall conduct a study of available technology, including radar animal detection systems, that could be utilized to increase the security of the international borders of the United States and to permit law enforcement officials to detect and prevent illegal immigration.CommentsClose CommentsPermalink





(b) Report- Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report on the study carried out under subsection (a). The report shall include the recommendations of the Secretary related to the efficacy of the technologies studied.CommentsClose CommentsPermalink

TITLE VII--DAY LABORER CENTERS

SEC. 701. USE OF DAY LABORER CENTERS TO SECURE EMPLOYMENT FOR ILLEGAL ALIENS.

It shall be unlawful for any person to operate a day laborer center if the person knows, or reasonably should know, that the center is being used to secure employment for aliens who are not authorized to work in the United States.CommentsClose CommentsPermalink

SEC. 702. INVESTIGATION OF ILLEGAL ALIENS.

If any employee of the Department of Homeland Security is notified of the presence, at a specific location, of more than one alien who may be in the United States in violation of any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--CommentsClose CommentsPermalink





(1) the employee shall notify the appropriate investigative authority of the Department; andCommentsClose CommentsPermalink





(2) such authority shall investigate the violation and enforce, to the fullest extent possible, all applicable immigration, employment, tax, and other laws against employers, illegal workers, and day labor center operators and managers.CommentsClose CommentsPermalink

SEC. 703. REFERRALS TO THE IRS.

Any investigative authority of the Department of Homeland Security conducting an investigation under section 702(2) shall provide relevant information obtained through such investigation to the appropriate investigative authority of the Internal Revenue Service to further investigate all tax evasion violations by employers or illegal workers using the day laborer center for a hiring arrangement.CommentsClose CommentsPermalink

SEC. 704. AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.

Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)--CommentsClose CommentsPermalink





(A) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink





`(A)(i) to hire, recruit, or refer an alien for employment in the United States, knowing or having reason to know that the alien is an unauthorized alien (as defined in subsection (h)(3)) with respect to such employment; orCommentsClose CommentsPermalink





`(ii) to provide services intended to assist an alien in obtaining employment in the United States, knowing or having reason to know that the alien is an unauthorized alien; or';CommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) by striking `subsection (b) or' and all that follows and inserting `subsection (b); or'; andCommentsClose CommentsPermalink





(ii) by inserting at the end the following:CommentsClose CommentsPermalink





`(ii) if the person or entity is an agricultural association, agricultural employer, farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802)), or an entity providing employment services, to hire, recruit, or refer an individual for employment in the United States in violation of the requirements of subsection (b).';CommentsClose CommentsPermalink





(2) in subsection (b)(3)(A) by striking `for a fee';CommentsClose CommentsPermalink





(3) in subsection (e)(4)(B)(i), by striking `for a fee'; andCommentsClose CommentsPermalink





(4) in subsection (h)(2), by striking `or recruit or refer for a fee' and inserting `recruit, or refer'.CommentsClose CommentsPermalink

SEC. 705. AMENDMENT TO PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996.

Section 411(c)(1)(B) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)(1)(B)) is amended by inserting `employment services,' after `unemployment benefit,'.CommentsClose CommentsPermalink

TITLE VIII--HIGHER EDUCATION BENEFITS FOR ILLEGAL ALIENS

SEC. 801. LIMITATION ON ELIGIBILITY.

Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is amended--CommentsClose CommentsPermalink





(1) in subsection (a), by striking `on the basis of residence' and all that follows and inserting `for any postsecondary education benefit unless every citizen or national of the United States is entitled to such a benefit in an amount, duration, and scope that is not less than the benefit available to the alien without regard to whether the citizen or national is a resident of the State or has attended or graduated from a school in the State.';CommentsClose CommentsPermalink





(2) by redesignating subsection (b) as subsection (c); andCommentsClose CommentsPermalink





(3) by inserting after subsection (a) the following:CommentsClose CommentsPermalink





`(b) Private Cause of Action-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any citizen or national of the United States who is attending, or is enrolled in, a postsecondary educational institution alleged to have violated subsection (a) may commence a civil action in a court of competent jurisdiction, to enforce the terms of subsection (a), against--CommentsClose CommentsPermalink





`(A) any official of the State agency that governs such postsecondary educational institutions; orCommentsClose CommentsPermalink





`(B) the postsecondary educational institution.CommentsClose CommentsPermalink





`(2) FEES AND COSTS- If an individual described in paragraph (1) establishes a violation of subsection (a) to the satisfaction of the court, the court shall--CommentsClose CommentsPermalink





`(A) provide all appropriate relief to the individual; andCommentsClose CommentsPermalink





`(B) award attorney's fees and costs to the individual.'.CommentsClose CommentsPermalink

TITLE IX--IMMIGRATION LITIGATION PROCEDURES

SEC. 901. SHORT TITLE.

This title may be cited as the `Fairness in Immigration Litigation Act of 2007'.CommentsClose CommentsPermalink

SEC. 902. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

(a) Limitation on Civil Actions- No court may certify an action as a class action under Rule 23 of the Federal Rules of Civil Procedure in any civil action filed after the date of the enactment of this Act pertaining to the administration or enforcement of the immigration laws of the United States.CommentsClose CommentsPermalink





(b) Requirements for Relief-CommentsClose CommentsPermalink





(1) PROSPECTIVE RELIEF-CommentsClose CommentsPermalink





(A) IN GENERAL- In the case that a court determines that prospective relief should be ordered against the Government in a civil action with respect to the administration or enforcement of the immigration laws of the United States, the court may order such relief only if the following requirements are met:CommentsClose CommentsPermalink





(i) The court limits the relief to the minimum necessary to correct the violation.CommentsClose CommentsPermalink





(ii) The relief is the least intrusive means necessary to correct the violation.CommentsClose CommentsPermalink





(iii) The court minimizes, to the greatest practical extent, any adverse impact on national security, border security, immigration administration and enforcement, and public safety caused by the relief.CommentsClose CommentsPermalink





(iv) The court provides for the expiration of the relief on a specific date which allows for the minimum practical time needed to remedy the violation.CommentsClose CommentsPermalink





(B) WRITTEN EXPLANATION REQUIRED WITH COURT ORDER- Each court order granting prospective relief shall include in writing an explanation of how the relief meets each requirement under subparagraph (A). Such explanation must be sufficiently detailed to allow review by another court.CommentsClose CommentsPermalink





(2) DURATION OF PRELIMINARY INJUNCTIVE RELIEF- In the case of prospective relief that is preliminary injunctive relief, such preliminary injunctive relief shall automatically expire on the date that is 90 days after its entry, unless the court determines that the relief meets all legal requirements, including those under paragraph (1)(A), for the entry of prospective relief and makes the order for the prospective relief involved final before expiration of the 90-day period.CommentsClose CommentsPermalink





(c) Procedure for Motions Affecting Prospective Relief Against the Government-CommentsClose CommentsPermalink





(1) IN GENERAL- A court shall promptly rule on any motion by the Government to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil action with respect to the administration or enforcement of the immigration laws of the United States.CommentsClose CommentsPermalink





(2) AUTOMATIC STAYS-CommentsClose CommentsPermalink





(A) IN GENERAL- A motion described in paragraph (1), with respect to an order granting prospective relief in a civil action described in such paragraph shall automatically, and without further order of the court, stay the order granting prospective relief during the period beginning on the date that is 15 days after the date on which such motion is filed and ending on the date on which the court enters a final order granting or denying the motion.CommentsClose CommentsPermalink





(B) RULE OF CONSTRUCTION- A motion described in paragraph (1) shall not operate as a stay under subparagraph (A) if the court involved enters a final order ruling on the motion before the first day of the period described in subparagraph (A).CommentsClose CommentsPermalink





(C) TREATMENT OF MOTIONS PENDING FOR NOT MORE THAN 45 DAYS ON DATE OF ENACTMENT- For purposes of this subsection, a motion described in paragraph (1) that was filed during the 45-day period before the date of the enactment of this Act and for which the court has not, as of such date of enactment, entered a final order ruling on the motion shall be treated as if the motion had been filed on such date of enactment.CommentsClose CommentsPermalink





(D) TREATMENT OF MOTIONS PENDING FOR MORE THAN 45 DAYS ON DATE OF ENACTMENT- For purposes of this subsection, a motion described in paragraph (1) that was filed more than 45 days before the date of the enactment of this Act and for which, as of the date that is 10 days after such date of enactment, the court involved has not entered a final order granting or denying the motion, shall operate as an automatic stay of the prospective relief, without further order of the court. An automatic stay under this subparagraph shall be effective beginning on such date that is 10 days after the date of enactment and ending on the date on which the court involved enters a final order granting or denying the motion. The effective date of an automatic stay under this subparagraph may not be postponed under paragraph (3).CommentsClose CommentsPermalink





(3) POSTPONEMENT OF AUTOMATIC STAYS- The court may, for good cause, enter an order to postpone the effective date of an automatic stay under paragraph (2). No effective date of an automatic stay under paragraph (2) may be postponed for more than 15 days.CommentsClose CommentsPermalink





(4) AUTOMATIC STAYS DURING REMANDS FROM HIGHER COURTS- Whenever a higher court orders that a decision on a motion subject to this section shall be remanded to a lower court, the order granting prospective relief that is the subject of the motion shall be automatically stayed until the district court enters an order granting or denying the motion. The effective date of an automatic stay under this subparagraph may not be postponed under paragraph (3).CommentsClose CommentsPermalink





(5) ORDERS BLOCKING AUTOMATIC STAYS- Any order staying, suspending, delaying, or otherwise barring the effective date of an automatic stay under this subsection, other than an order to postpone the effective date under paragraph (3), shall be treated as an order refusing to vacate, modify, dissolve, or otherwise terminate an injunction and immediately shall be appealable pursuant to section 1292(a)(1) of title 28, United States Code.CommentsClose CommentsPermalink





(6) REQUIREMENTS FOR ORDER DENYING MOTION- Subsection (b) shall apply to an order entered by a court to deny a motion described in paragraph (1) in the same manner that such subsection applies to a grant of prospective relief under such subsection.CommentsClose CommentsPermalink





(d) Rules for Prospective Relief Affecting Expedited Removal-CommentsClose CommentsPermalink





(1) IN GENERAL- Notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of Title 28, United States Code, or any other habeas provision, and sections 1361 and 1651 of such title, no court has jurisdiction to grant or continue an order or part of an order granting prospective relief if the order or part of the order interferes with, affects, or impacts any determination pursuant to, or the implementation of, section 235(b)(1) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)).CommentsClose CommentsPermalink





(2) DETERMINATION OF CONTINUING JURISDICTION- Upon the Government's filing of a motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil action described in subsection (b)(1)(A), the court involved shall promptly determine whether it continues to have jurisdiction and shall promptly vacate any order or part of an order granting prospective relief that is not within the jurisdiction of the court.CommentsClose CommentsPermalink





(3) SAFE HARBOR FOR CONTINUING PROSPECTIVE RELIEF TO REMEDY VIOLATION OF CONSTITUTIONAL RIGHTS- Paragraphs (1) and (2) shall not apply to an order granting prospective relief in a civil action described in subsection (b)(1)(A) to the extent that the order was entered before the date of the enactment of this Act and the prospective relief is necessary to remedy the violation of a right guaranteed by the Constitution of the United States.CommentsClose CommentsPermalink





(e) Settlements-CommentsClose CommentsPermalink





(1) CONSENT DECREES- In any civil action with respect to the administration or enforcement of the immigration laws of the United States, the court involved shall not enter, approve, or continue a consent decree unless the decree complies with the requirements under clauses (i) through (iv) of subparagraph (A) of subsection (b)(1) and includes the written explanation required under subparagraph (B) of such subsection.CommentsClose CommentsPermalink





(2) PRIVATE SETTLEMENT AGREEMENTS- Nothing in this subsection shall preclude parties from entering into a private settlement agreement that does not comply with the requirements under clauses (i) through (iv) of subparagraph (A) of subsection (b)(1) or that does not include the written explanation required under subparagraph (B) of such subsection.CommentsClose CommentsPermalink





(f) Expedited Proceedings- Each court shall take measures to advance on the docket and to expedite the disposition of any civil action described in subsection (b)(1)(A) or motion described in subsection (c) or (d).CommentsClose CommentsPermalink





(g) Definitions- For purposes of this section:CommentsClose CommentsPermalink





(1) CONSENT DECREE- The term `consent decree' means any relief entered by a court that is based in whole or in part on the consent or acquiescence of the parties involved but does not include private settlements.CommentsClose CommentsPermalink





(2) GOOD CAUSE- The term `good cause' does not include any cause related to discovery or congestion of the court's calendar.CommentsClose CommentsPermalink





(3) GOVERNMENT- The term `Government' means the United States, any Federal department or agency, or any Federal agent or official acting within the scope of official duties.CommentsClose CommentsPermalink





(4) PERMANENT RELIEF- The term `permanent relief' means relief issued in connection with a final decision of a court.CommentsClose CommentsPermalink





(5) PRIVATE SETTLEMENT AGREEMENT- The term `private settlement agreement' means an agreement entered into among the parties involved that is not subject to judicial enforcement other than the reinstatement of the civil proceedings that the agreement settled.CommentsClose CommentsPermalink





(6) PROSPECTIVE RELIEF- The term `prospective relief' means temporary, preliminary, or permanent relief other than compensatory monetary damages.CommentsClose CommentsPermalink

SEC. 903. SEVERABILITY.

If any provision of this title or the application of such provision to any person or circumstance is found to be unconstitutional, the remainder of this title and the application of the provisions of such remainder of this title to any person or circumstance shall not be affected by such finding.CommentsClose CommentsPermalink

SEC. 904. EFFECTIVE DATE.

Except as otherwise provided under section 902(a), the provisions of this title apply to all orders granting prospective relief entered by a court before, on, or after the date of the enactment of this Act.CommentsClose CommentsPermalink