U.S. Congress - Text of S.2294 as Placed on Calendar Senate Immigration Enforcement and Border Security Act of 2007
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Donate NowS.2294 - Immigration Enforcement and Border Security Act of 2007
A bill to strengthen immigration enforcement and border security and for other purposes.
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S 2294 PCSCommentsClose CommentsPermalink
To strengthen immigration enforcement and border security and for other purposes.CommentsClose CommentsPermalink
November 1, 2007
Mr. KYL (for himself, Mr. GRAHAM, Mr. CORNYN, Mr. MARTINEZ, Mr. SESSIONS, Mr. SPECTER, and Mr. MCCONNELL) introduced the following bill; which was read the first timeCommentsClose CommentsPermalink
November 2, 2007
Read the second time and placed on the calendarCommentsClose CommentsPermalink
To strengthen immigration enforcement and border security 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 `Immigration Enforcement and Border Security Act of 2007'.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
Sec. 2. Reference to the Immigration and Nationality Act.CommentsClose CommentsPermalink
Sec. 3. Definitions.CommentsClose CommentsPermalink
TITLE I--BORDER SECURITY
Subtitle A--Assets for Controlling United States Borders
Sec. 101. Achieving operational control of the borders.CommentsClose CommentsPermalink
Sec. 102. Enforcement personnel.CommentsClose CommentsPermalink
Sec. 103. Operation jump start.CommentsClose CommentsPermalink
Sec. 104. Technological assets.CommentsClose CommentsPermalink
Sec. 105. Infrastructure.CommentsClose CommentsPermalink
Sec. 106. Ports of entry.CommentsClose CommentsPermalink
Subtitle B--Other Border Security Initiatives
Sec. 112. Unlawful flight from immigration or customs controls.CommentsClose CommentsPermalink
Sec. 113. Catch and return.CommentsClose CommentsPermalink
Sec. 114. Seizure of conveyance with concealed compartment.CommentsClose CommentsPermalink
Subtitle C--Other Measures
Sec. 121. Secure communication.CommentsClose CommentsPermalink
Sec. 122. Unmanned aircraft systems.CommentsClose CommentsPermalink
Sec. 123. Biometric data enhancements.CommentsClose CommentsPermalink
Sec. 124. US-VISIT System.CommentsClose CommentsPermalink
Sec. 125. Listing of immigration violators in the National Crime Information Center database.CommentsClose CommentsPermalink
Sec. 126. Document fraud detection.CommentsClose CommentsPermalink
Sec. 127. Border relief grant program.CommentsClose CommentsPermalink
Sec. 128. Combating human smuggling.CommentsClose CommentsPermalink
Sec. 129. Increase of Federal detention space and the utilization of facilities identified for closures as a result of the Defense Base Closure Realignment Act of 1990.CommentsClose CommentsPermalink
Sec. 130. Northern border prosecution reimbursement.CommentsClose CommentsPermalink
Sec. 131. Limitation on landowner's liability.CommentsClose CommentsPermalink
TITLE II--INTERIOR ENFORCEMENT
Subtitle A--Interior Security Measures
Sec. 201. Additional immigration personnel.CommentsClose CommentsPermalink
Sec. 202. Detention and removal of aliens ordered removed or aliens who overstay.CommentsClose CommentsPermalink
Sec. 203. Aggravated felony.CommentsClose CommentsPermalink
Sec. 204. Inadmissibility and deportability of gang members.CommentsClose CommentsPermalink
Sec. 205. Grounds of inadmissibility and deportability relating to removal and firearm offenses.CommentsClose CommentsPermalink
Sec. 206. Alien smuggling and related offenses.CommentsClose CommentsPermalink
Sec. 207. Illegal entry.CommentsClose CommentsPermalink
Sec. 208. Criminal penalties for aliens unlawfully present in the United States.CommentsClose CommentsPermalink
Sec. 209. Illegal reentry.CommentsClose CommentsPermalink
Sec. 210. Reform of passport, visa, and immigration fraud offenses.CommentsClose CommentsPermalink
Sec. 211. Inadmissibility and removal for passport and immigration fraud offenses.CommentsClose CommentsPermalink
Sec. 212. Incarceration of criminal aliens.CommentsClose CommentsPermalink
Sec. 213. Encouraging aliens to depart voluntarily.CommentsClose CommentsPermalink
Sec. 214. Deterring aliens ordered removed from remaining in the United States unlawfully.CommentsClose CommentsPermalink
Sec. 215. Prohibition of the sale of firearms to, or the possession of firearms by certain aliens.CommentsClose CommentsPermalink
Sec. 216. Uniform statute of limitations for certain immigration, passport, and naturalization offenses.CommentsClose CommentsPermalink
Sec. 217. Diplomatic security service.CommentsClose CommentsPermalink
Sec. 218. Streamlined processing of background checks conducted for immigration benefits.CommentsClose CommentsPermalink
Sec. 219. State criminal alien assistance program.CommentsClose CommentsPermalink
Sec. 220. Reducing illegal immigration and alien smuggling on tribal lands.CommentsClose CommentsPermalink
Sec. 221. Alternatives to detention.CommentsClose CommentsPermalink
Sec. 222. State and local enforcement of Federal immigration laws.CommentsClose CommentsPermalink
Sec. 223. Protecting immigrants from convicted sex offenders.CommentsClose CommentsPermalink
Sec. 224. Law enforcement authority of States and political subdivisions and transfer to Federal custody.CommentsClose CommentsPermalink
Sec. 225. Laundering of monetary instruments.CommentsClose CommentsPermalink
Sec. 226. Cooperative enforcement programs.CommentsClose CommentsPermalink
Sec. 227. Expansion of the justice prisoner and alien transfer system.CommentsClose CommentsPermalink
Sec. 228. Directive to the United States Sentencing Commission.CommentsClose CommentsPermalink
Sec. 229. Cancellation of visas.CommentsClose CommentsPermalink
Sec. 230. Judicial review of visa revocation.CommentsClose CommentsPermalink
Sec. 231. Terrorist bar to good moral character.CommentsClose CommentsPermalink
Sec. 232. Precluding admissibility of aliens convicted of aggravated felonies or other serious offenses.CommentsClose CommentsPermalink
Sec. 233. Removal and denial of benefits to terrorist aliens.CommentsClose CommentsPermalink
Sec. 234. Use of 1986 IRCA legalization information for national security purposes.CommentsClose CommentsPermalink
Sec. 235. Definition of racketeering activity.CommentsClose CommentsPermalink
Sec. 236. Sanctions for countries that delay or prevent repatriation of their nationals.CommentsClose CommentsPermalink
Sec. 237. Appropriate remedies for immigration legislation.CommentsClose CommentsPermalink
Sec. 238. Reporting requirements.CommentsClose CommentsPermalink
Sec. 239. Withholding of removal.CommentsClose CommentsPermalink
Sec. 240. Precluding refugees and asylees who have been convicted of aggravated felonies from adjustment to legal permanent resident status.CommentsClose CommentsPermalink
Sec. 241. Judicial review of discretionary determinations and removal orders relating to criminal aliens.CommentsClose CommentsPermalink
Sec. 242. Information sharing between Federal and local law enforcement officers.CommentsClose CommentsPermalink
Sec. 243. Fraud prevention program.CommentsClose CommentsPermalink
Subtitle B--Worksite Enforcement
Sec. 251. Unlawful employment of aliens.CommentsClose CommentsPermalink
Sec. 252. Disclosure of certain taxpayer information to assist in immigration enforcement.CommentsClose CommentsPermalink
Sec. 253. Increasing security and integrity of Social Security cards.CommentsClose CommentsPermalink
Sec. 254. Increasing security and integrity of identity documents.CommentsClose CommentsPermalink
Sec. 255. Voluntary Advanced Verification Program to Combat Identity Theft.CommentsClose CommentsPermalink
Sec. 256. Responsibilities of the Social Security Administration.CommentsClose CommentsPermalink
Sec. 257. Immigration enforcement support by the Internal Revenue Service and the Social Security Administration.CommentsClose CommentsPermalink
Sec. 258. Additional criminal penalties for misuse of social security account numbers.CommentsClose CommentsPermalink
Sec. 259. Authorization of appropriations.CommentsClose CommentsPermalink
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act (
SEC. 3. DEFINITIONS.
In this Act:CommentsClose CommentsPermalink
(1) DEPARTMENT- The term `Department' means the Department of Homeland Security.CommentsClose CommentsPermalink
(2) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink
TITLE I--BORDER SECURITY
Subtitle A--Assets for Controlling United States Borders
SEC. 101. ACHIEVING OPERATIONAL CONTROL OF THE BORDERS.
(a) In General- Not later than 2 years after the date of the enactment of this Act, the Secretary shall work to achieve operational control of 100 percent of the international land and maritime borders of the United States by--CommentsClose CommentsPermalink
(1) deploying along such borders physical infrastructure enhancements, including additional checkpoints, all weather access roads, and vehicle barriers to gain operational control over such borders and to facilitate access to such borders by United States Customs and Border Protection;CommentsClose CommentsPermalink
(2) installing, along the international land border between the United States and Mexico, at least--CommentsClose CommentsPermalink
(A) 300 miles of vehicle barriers;CommentsClose CommentsPermalink
(B) 700 linear miles of fencing as required under the Secure Fence Act of 2006 (
(C) 105 ground-based radar and camera towers;CommentsClose CommentsPermalink
(3) deploying, for use along the international land border between the United States and Mexico, 4 unmanned aerial vehicles, and the supporting systems for such vehicles; andCommentsClose CommentsPermalink
(4) conducting systematic surveillance of the international land and maritime borders of the United States through more effective use of personnel and technology, including ground-based sensors, satellites, radar coverage, and cameras.CommentsClose CommentsPermalink
(b) Operational Control Defined- In this section, the term `operational control' means the successful prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.CommentsClose CommentsPermalink
SEC. 102. ENFORCEMENT PERSONNEL.
(a) Additional Personnel-CommentsClose CommentsPermalink
(1) UNITED STATES CUSTOMS AND BORDER PROTECTION OFFICERS-CommentsClose CommentsPermalink
(A) IN GENERAL- In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations, shall increase by not less than 500 the number of positions for full-time active duty officers of United States Customs and Border Protection and provide appropriate training, equipment, and support to such additional officers.CommentsClose CommentsPermalink
(B) INTERNATIONAL AIRPORTS- Not later than September 30, 2008, the Secretary, subject to the availability of appropriations, shall employ not less than an additional 200 officers of United States Customs and Border Protection to address staff shortages at the 20 international airports in the United States with the highest number of foreign visitors arriving annually, as determined pursuant to the most recent data collected by United States Customs and Border Protection before the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) IMMIGRATION AND CUSTOMS ENFORCEMENT PERSONNEL- In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(3) DEPUTY UNITED STATES MARSHALS- In each of the fiscal years 2008 through 2012, the Attorney General shall, subject to the availability of appropriations, increase by not less than 50 the number of positions for full-time active duty Deputy United States Marshals that assist in matters related to immigration.CommentsClose CommentsPermalink
(4) RECRUITMENT OF FORMER MILITARY PERSONNEL- The Commissioner of United States Customs and Border Protection, in conjunction with the Secretary of Defense or a designee of the Secretary of Defense, shall establish a program to actively recruit members of the Army, Navy, Air Force, Marine Corps, and Coast Guard who have elected to separate from active duty.CommentsClose CommentsPermalink
(b) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) UNITED STATES CUSTOMS AND BORDER PROTECTION OFFICERS- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a)(1).CommentsClose CommentsPermalink
(2) DEPUTY UNITED STATES MARSHALS- There are authorized to be appropriated to the Attorney General such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a)(3).CommentsClose CommentsPermalink
(3) BORDER PATROL AGENTS- Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as follows:CommentsClose CommentsPermalink
`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
`(a) In General- The Secretary of Homeland Security shall acquire sufficient training staff and training facilities to increase the capacity of the Department of Homeland Security to train 2,400 new, full-time, active duty Border Patrol agents per year.CommentsClose CommentsPermalink
`(b) Northern Border- In each of the fiscal years 2008 through 2012, in addition to the border patrol agents assigned along the northern border of the United States during the previous fiscal year, the Secretary shall assign a number of border patrol agents equal to not less than 20 percent of the net increase in border patrol agents during each such fiscal year.CommentsClose CommentsPermalink
`(c) Annual Increases- The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active duty border patrol agents within the Department of Homeland Security (above the number of such positions for which funds were appropriated for the preceding fiscal year), by not less than--CommentsClose CommentsPermalink
`(1) 2,000 in fiscal year 2007;CommentsClose CommentsPermalink
`(2) 2,400 in fiscal year 2008;CommentsClose CommentsPermalink
`(3) 2,400 in fiscal year 2009;CommentsClose CommentsPermalink
`(4) 2,400 in fiscal year 2010;CommentsClose CommentsPermalink
`(5) 2,400 in fiscal year 2011; andCommentsClose CommentsPermalink
`(6) 2,400 in fiscal year 2012.CommentsClose CommentsPermalink
`(d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this section.'.CommentsClose CommentsPermalink
SEC. 103. OPERATION JUMP START.
(a) In General- The Secretary of Defense, in conjunction with the Commissioner of United States Customs and Border Protection, shall provide not fewer than 6,000 National Guard members on the southern land border of the United States to assist the United States Border Patrol in gaining operational control of that border.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated to the Department of Defense such sums as may be necessary for each of the fiscal years 2008 through 2010 to carry out subsection (a).CommentsClose CommentsPermalink
SEC. 104. TECHNOLOGICAL ASSETS.
(a) Acquisition- Subject to the availability of appropriations for such purpose, the Secretary shall procure additional unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the borders of the United States.CommentsClose CommentsPermalink
(b) Increased Availability of Equipment- The Secretary and the Secretary of Defense shall develop and implement a plan to use authorities provided to the Secretary of Defense under chapter 18 of title 10, United States Code, to increase the availability and use of Department of Defense equipment, including unmanned aerial vehicles, tethered aerostat radars, and other surveillance equipment, to assist the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a).CommentsClose CommentsPermalink
SEC. 105. INFRASTRUCTURE.
Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(1) in subsection (a), by striking `Attorney General, in consultation with the Commissioner of Immigration and Naturalization,' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively;CommentsClose CommentsPermalink
(B) by inserting before paragraph (2), as redesignated, the following:CommentsClose CommentsPermalink
`(1) FENCING NEAR SAN DIEGO, CALIFORNIA- In carrying out subsection (a), the Secretary shall provide for the construction of second and third fences, in addition to the existing reinforced fence, along the first 14 miles of the international land border between the United States and Mexico extending east from the Pacific Ocean, and for roads between the fences.';CommentsClose CommentsPermalink
(C) in paragraph (2), as redesignated--CommentsClose CommentsPermalink
(i) in the heading, by striking `security features' and inserting--`additional fencing along southwest border'; andCommentsClose CommentsPermalink
(ii) by striking subparagraphs (A) through (C) and inserting the following:CommentsClose CommentsPermalink
`(A) REINFORCED FENCING- In carrying out subsection (a), the Secretary of Homeland Security shall construct reinforced fencing along not less than 700 miles of the southwest border where fencing would be most practical and effective and provide for the installation of additional physical barriers, roads, lighting, cameras, and sensors to gain operational control of the southwest border.CommentsClose CommentsPermalink
`(B) PRIORITY AREAS- In carrying out this section, the Secretary of Homeland Security shall--CommentsClose CommentsPermalink
`(i) identify the 370 miles along the southwest border where fencing would be most practical and effective in deterring smugglers and aliens attempting to gain illegal entry into the United States; andCommentsClose CommentsPermalink
`(ii) not later than December 31, 2008, complete construction of reinforced fencing along the 370 miles identified under clause (i) before completing the construction of the remaining 330 miles of fencing.CommentsClose CommentsPermalink
`(C) CONSULTATION-CommentsClose CommentsPermalink
`(i) IN GENERAL- In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of Interior, the Secretary of Agriculture, States, local governments, Indian tribes, and property owners in the United States to minimize the impact on the environment, culture, commerce, and quality of life for the communities and residents located near the sites at which such fencing is to be constructed.CommentsClose CommentsPermalink
`(ii) SAVINGS PROVISION- Nothing in this subparagraph may be construed to--CommentsClose CommentsPermalink
`(I) create any right of action for a State, local government, or other person or entity affected by this subsection; orCommentsClose CommentsPermalink
`(II) affect the eminent domain laws of the United States or of any State.'; andCommentsClose CommentsPermalink
(D) in paragraph (5), as redesignated, by striking `to carry out this subsection not to exceed $12,000,000' and inserting `such sums as may be necessary to carry out this subsection'.CommentsClose CommentsPermalink
SEC. 106. PORTS OF ENTRY.
Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Division C of
`(e) Construction and Improvements- The Secretary is authorized to--CommentsClose CommentsPermalink
`(1) construct additional ports of entry along the international land borders of the United States, at locations to be determined by the Secretary; andCommentsClose CommentsPermalink
`(2) make necessary improvements to the ports of entry.'.CommentsClose CommentsPermalink
Subtitle B--Other Border Security Initiatives
SEC. 112. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS.
(a) In General-
`Sec. 758. Unlawful flight from immigration or customs controls
`(a) Evading a Checkpoint- Any person who, while operating a motor vehicle or vessel, knowingly flees or evades a checkpoint operated by the Department of Homeland Security or any other Federal law enforcement agency, and knowingly or recklessly disregards or disobeys the lawful command of any law enforcement agent, shall be fined under this title, imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink
`(b) Failure To Stop- Any person who, while operating a motor vehicle, aircraft, or vessel, knowingly or recklessly disregards or disobeys the lawful command of an officer of the Department of Homeland Security engaged in the enforcement of the immigration, customs, or maritime laws, or the lawful command of any law enforcement agent assisting such officer, shall be fined under this title, imprisoned not more than 2 years, or both.CommentsClose CommentsPermalink
`(c) Alternative Penalties- Notwithstanding the penalties provided in subsection (a) or (b), any person who violates such subsection shall--CommentsClose CommentsPermalink
`(1) be fined under this title, imprisoned not more than 10 years, or both, if the violation involved the operation of a motor vehicle, aircraft, or vessel--CommentsClose CommentsPermalink
`(A) in excess of the applicable or posted speed limit,CommentsClose CommentsPermalink
`(B) in excess of the rated capacity of the motor vehicle, aircraft, or vessel, orCommentsClose CommentsPermalink
`(C) in an otherwise dangerous or reckless manner;CommentsClose CommentsPermalink
`(2) be fined under this title, imprisoned not more than 20 years, or both, if the violation created a substantial and foreseeable risk of serious bodily injury or death to any person;CommentsClose CommentsPermalink
`(3) be fined under this title, imprisoned not more than 30 years, or both, if the violation caused serious bodily injury to any person; orCommentsClose CommentsPermalink
`(4) be fined under this title, imprisoned for any term of years or life, or both, if the violation resulted in the death of any person.CommentsClose CommentsPermalink
`(d) Attempt and Conspiracy- Any person who attempts or conspires to commit any offense under this section shall be punished in the same manner as a person who completes the offense.CommentsClose CommentsPermalink
`(e) Forfeiture- Any property, real or personal, constituting or traceable to the gross proceeds of the offense and any property, real or personal, used or intended to be used to commit or facilitate the commission of the offense shall be subject to forfeiture.CommentsClose CommentsPermalink
`(f) Forfeiture Procedures- Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 of this title, relating to civil forfeitures, including section 981(d) of such title, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. Nothing in this section shall limit the authority of the Secretary to seize and forfeit motor vehicles, aircraft, or vessels under the Customs laws or any other laws of the United States.CommentsClose CommentsPermalink
`(g) Definitions- In this section:CommentsClose CommentsPermalink
`(1) CHECKPOINT- The term `checkpoint' includes any customs or immigration inspection at a port of entry.CommentsClose CommentsPermalink
`(2) LAWFUL COMMAND- The term `lawful command' includes a command to stop, decrease speed, alter course, or land, whether communicated orally, visually, by means of lights or sirens, or by radio, telephone, or other wire communication.CommentsClose CommentsPermalink
`(3) LAW ENFORCEMENT AGENT- The term `law enforcement agent' means any Federal, State, local or tribal official authorized to enforce criminal law, and, when conveying a command covered under subsection (b), an air traffic controller.CommentsClose CommentsPermalink
`(4) MOTOR VEHICLE- The term `motor vehicle' means any motorized or self-propelled means of terrestrial transportation.CommentsClose CommentsPermalink
`(5) SERIOUS BODILY INJURY- The term `serious bodily injury' has the meaning given in section 2119(2) of this title.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections for chapter 35 of title 18, United States Code, is amended by striking the item relating to section 758 and inserting the following:CommentsClose CommentsPermalink
`758. Unlawful flight from immigration or customs controls.'.CommentsClose CommentsPermalink
SEC. 113. CATCH AND RETURN.
(a) Mandatory Detention- To deter illegal immigration, the Secretary shall detain, until the Secretary has effected the removal of every alien, who--CommentsClose CommentsPermalink
(1) is a national of a noncontiguous country;CommentsClose CommentsPermalink
(2) has not been admitted or paroled into the United States; andCommentsClose CommentsPermalink
(3) was apprehended within 100 miles of the international border of the United States.CommentsClose CommentsPermalink
(b) Supervised Release- The Secretary may, for urgent humanitarian reasons, grant an alien described in subparagraph (a) supervised release with conditions during a pending removal proceeding if the alien--CommentsClose CommentsPermalink
(1) does not pose a flight risk;CommentsClose CommentsPermalink
(2) does not pose a danger to the community; andCommentsClose CommentsPermalink
(3) gives a bond of not less than $5,000, with security approved by, and containing conditions prescribed by, the Secretary.CommentsClose CommentsPermalink
SEC. 114. SEIZURE OF CONVEYANCE WITH CONCEALED COMPARTMENT.
Section 3 of the Act of August 5, 1935 (
(1) by amending the section heading to read as follows:CommentsClose CommentsPermalink
`Sec. 1703. Seizure and forfeiture of vessels, vehicles, other conveyances and instruments of international traffic';
(2) in subsection (a), by amending the subsection heading to read as follows:CommentsClose CommentsPermalink
`(a) Vessels, Vehicles, Other Conveyances, and Instruments of International Traffic Subject to Seizure and Forfeiture- ';CommentsClose CommentsPermalink
(3) in subsections (a) and (b), by inserting `, vehicle, other conveyance, or instrument of international traffic' after `vessel' each place it appears;CommentsClose CommentsPermalink
(4) in subsection (b), by amending the subsection heading to read as follows:CommentsClose CommentsPermalink
`(b) Vessels, Vehicles, Other Conveyances, and Instruments of International Traffic Defined- '; andCommentsClose CommentsPermalink
(5) by amending subsection (c) to read as follows:CommentsClose CommentsPermalink
`(c) Acts Constituting Prima Facie Evidence of Vessel, Vehicle, or Other Conveyance or Instrument of International Traffic Engaged in Smuggling- For the purposes of this section, prima facie evidence that a conveyance is being, has been, or is attempted to be employed in smuggling or to defraud the revenue of the United States shall be--CommentsClose CommentsPermalink
`(1) in the case of a vessel, the fact that a vessel has become subject to pursuit as provided in section 1581, or is a hovering vessel, or that a vessel fails, at any place within the customs waters of the United States or within a customs-enforcement area, to display light as required by law; andCommentsClose CommentsPermalink
`(2) in the case of a vehicle, other conveyance, or instrument of international traffic, the fact that a vehicle, other conveyance or instrument of international traffic has any compartment or equipment that is built or fitted out for smuggling.'.CommentsClose CommentsPermalink
Subtitle C--Other Measures
SEC. 121. SECURE COMMUNICATION.
The Secretary shall, as expeditiously as practicable, develop and implement a plan to improve the use of satellite communications and other technologies to ensure clear and secure 2-way communication capabilities--CommentsClose CommentsPermalink
(1) among all Border Patrol agents conducting operations between ports of entry;CommentsClose CommentsPermalink
(2) between Border Patrol agents and their respective Border Patrol stations; andCommentsClose CommentsPermalink
(3) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies.CommentsClose CommentsPermalink
SEC. 122. UNMANNED AIRCRAFT SYSTEMS.
(a) Unmanned Aircraft and Associated Infrastructure- The Secretary shall acquire and maintain unmanned aircraft systems for use on the border, including related equipment such as--CommentsClose CommentsPermalink
(1) additional sensors;CommentsClose CommentsPermalink
(2) critical spares;CommentsClose CommentsPermalink
(3) satellite command and control; andCommentsClose CommentsPermalink
(4) other necessary equipment for operational support.CommentsClose CommentsPermalink
(b) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to the Secretary to carry out subsection (a)--CommentsClose CommentsPermalink
(A) $178,400,000 for fiscal year 2008; andCommentsClose CommentsPermalink
(B) $276,000,000 for fiscal year 2009.CommentsClose CommentsPermalink
(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to paragraph (1) shall remain available until expended.CommentsClose CommentsPermalink
SEC. 123. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2008, the Secretary shall--CommentsClose CommentsPermalink
(1) in consultation with the Attorney General, enhance connectivity between the Automated Biometric Fingerprint Identification System of the Department and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation to ensure more expeditious data searches; andCommentsClose CommentsPermalink
(2) in consultation with the Secretary of State, and the Secretary of State, collect all fingerprints from each alien required to provide fingerprints during the alien's initial enrollment in the integrated entry and exit data system described in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
SEC. 124. US-VISIT SYSTEM.
(a) In General- Not later than 6 months after the date of the enactment of this Act, the Secretary, in consultation with the heads of other appropriate Federal agencies, shall submit to Congress a schedule for--CommentsClose CommentsPermalink
(1) equipping all ports of entry of the United States with the United States-Visitor and Immigrant Status Indicator Technology system (referred to in this section as `US-VISIT') implemented under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
(2) developing and deploying at such ports of entry the exit component of US-VISIT; andCommentsClose CommentsPermalink
(3) making interoperable all immigration screening systems operated by the Secretary.CommentsClose CommentsPermalink
(b) Visa Exit Tracking System- In addition to the requirements under subsection (a), the Secretary shall, not later than 18 months after the date of the enactment of this Act, establish and deploy a system capable of recording the departure, at designated ports of entry, and, in coordination with the Secretary of State, at designated United States consulates, of aliens admitted on temporary nonimmigrant visas under the Immigration and Nationality Act (
(c) Prompt Removal Proceedings- Subject to the availability of appropriations, the Secretary shall promptly identify, investigate, and initiate removal proceedings against every alien admitted into the United States on a temporary nonimmigrant visa under the Immigration and Nationality Act and who exceeds the alien's period of authorized admission or otherwise violates any terms of the alien's nonimmigrant status. In conducting such removal proceedings, the Secretary shall give priority to aliens who may pose a threat to the national security, and those convicted of criminal offenses.CommentsClose CommentsPermalink
(d) Report to Governors-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the governor of each State that shares a land border with Mexico and a separate report to the governor of each State that shares a land border with Canada that describes the progress made in establishing, funding, and implementing the border security and other measures set forth under this title.CommentsClose CommentsPermalink
(2) GOVERNOR'S RESPONSE- Not later than 60 days after receiving a report from the Secretary under paragraph (1), a governor may submit a report to Congress that--CommentsClose CommentsPermalink
(A) analyzes the accuracy of the information received by the Secretary;CommentsClose CommentsPermalink
(B) indicates whether the governor agrees with the Secretary that the border security and other measures described in this title will be established, funded, and operational; andCommentsClose CommentsPermalink
(C) makes recommendations regarding new border enforcement policies, strategies, and additional programs needed to secure the border.CommentsClose CommentsPermalink
(e) Biometric Entry-Exit System-CommentsClose CommentsPermalink
(1) COLLECTION OF BIOMETRIC DATA FROM ALIENS ENTERING AND DEPARTING THE UNITED STATES- Section 215 (
(A) by redesignating subsection (c) as subsection (g);CommentsClose CommentsPermalink
(B) by moving subsection (g), as redesignated by paragraph (1), to the end of the section; andCommentsClose CommentsPermalink
(C) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
`(c) The Secretary is authorized to require aliens entering and departing the United States to provide biometric data and other information relating to their immigration status.'.CommentsClose CommentsPermalink
(2) INSPECTION OF APPLICANTS FOR ADMISSION- Section 235(d) (
`(5) AUTHORITY TO COLLECT BIOMETRIC DATA- In conducting inspections under subsections (a) and (b), immigration officers are authorized to collect biometric data from--CommentsClose CommentsPermalink
`(A) any applicant for admission, including refugees and asylees, or any alien who is paroled under section 212(d)(5), seeking to or permitted to land temporarily as an alien crewman, or seeking to or permitted transit through the United States; orCommentsClose CommentsPermalink
`(B) any lawful permanent resident who is entering the United States and who is not regarded as seeking admission pursuant to section 101(a)(13)(C).'.CommentsClose CommentsPermalink
(3) COLLECTION OF BIOMETRIC DATA FROM ALIEN CREWMEN- Section 252 (
`(d) An immigration officer is authorized to collect biometric data from an alien crewman seeking permission to land temporarily in the United States.'.CommentsClose CommentsPermalink
(4) GROUNDS OF INADMISSIBILITY- Section 212 (
(A) in subsection (a)(7), by adding at the end the following:CommentsClose CommentsPermalink
`(C) WITHHOLDERS OF BIOMETRIC DATA- Except as provided under subsection (d)(2), any alien who fails or has failed to comply with a lawful request for biometric data under section 215(c), 235(d), or 252(d) is inadmissible.'; andCommentsClose CommentsPermalink
(B) in subsection (d), by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) The Secretary may waive the application of subsection (a)(7)(C) for an individual alien or class of aliens.'.CommentsClose CommentsPermalink
(5) IMPLEMENTATION- Section 7208 of the 9/11 Commission Implementation Act of 2004 (
(A) in subsection (c), by adding at the end the following:CommentsClose CommentsPermalink
`(3) IMPLEMENTATION- In fully implementing the automated biometric entry and exit data system under this section, the Secretary is not required to comply with the requirements of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedure Act) or any other law relating to rulemaking, information collection, or publication in the Federal Register.'; andCommentsClose CommentsPermalink
(B) in subsection (l)--CommentsClose CommentsPermalink
(i) by striking `There are authorized' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- There are authorized'; andCommentsClose CommentsPermalink
(ii) by adding at the end the following:CommentsClose CommentsPermalink
`(2) IMPLEMENTATION AT ALL PORTS OF ENTRY-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary shall ensure that the biometric entry-exit system is operational and ready for use at all border ports of entry not later than December 13, 2013.CommentsClose CommentsPermalink
`(B) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2012 to implement the automated biometric entry and exit data system at all border ports of entry.'.CommentsClose CommentsPermalink
(f) Collection of Departure Data From Certain Nonimmigrants-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall require an alien who was admitted to the United States on a temporary nonimmigrant visa to record the alien's departure at a designated port of entry or at a designated United States consulate abroad.CommentsClose CommentsPermalink
(2) FAILURE TO RECORD DEPARTURE- If an alien does not record the alien's departure as required under paragraph (1), the Secretary, not later than 48 hours after the expiration of the alien's period of authorized admission, shall enter the name of the alien into the National Crime Information Center database as having overstayed the alien's period of authorized admission.CommentsClose CommentsPermalink
(3) INFORMATION SHARING WITH LAW ENFORCEMENT AGENCIES- Consistent with the authority of State and local police to assist the Federal Government in the enforcement of Federal immigration laws, the information in the database described in paragraph (2) shall be made available to the Department of State and to State and local law enforcement agencies pursuant to the provisions of section 240D of the Immigration and Nationality Act, as added by section 224 of this Act.CommentsClose CommentsPermalink
SEC. 125. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.
(1) PROVISION OF INFORMATION TO THE NATIONAL CRIME INFORMATION CENTER-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided under subparagraph (C), not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the head of the National Crime Information Center of the Department of Justice, and the head of the National Crime Information Center shall input into the National Crime Information Center Database, the information that the Secretary has or maintains related to any alien--CommentsClose CommentsPermalink
(i) against whom a final order of removal has been issued;CommentsClose CommentsPermalink
(ii) who enters into a voluntary departure agreement, or is granted voluntary departure by an immigration judge, whose period for departure has expired under subsection (a)(3) of section 240B of the Immigration and Nationality Act (
(iii) whom a Federal immigration officer has confirmed to be unlawfully present in the United States or removable from the United States;CommentsClose CommentsPermalink
(iv) whose visa has expired; orCommentsClose CommentsPermalink
(v) whose visa has been revoked.CommentsClose CommentsPermalink
(B) REMOVAL OF INFORMATION- The head of the National Crime Information Center shall promptly remove any information provided by the Secretary under subparagraph (A) related to an alien who is lawfully admitted to enter or lawfully permitted to remain in the United States.CommentsClose CommentsPermalink
(C) PROCEDURE FOR REMOVAL OF ERRONEOUS INFORMATION-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary, in consultation with the head of the National Crime Information Center, shall develop and implement a procedure by which an alien may petition the Secretary or head of the National Crime Information Center, as appropriate, to remove any erroneous information provided by the Secretary under subparagraph (A) related to such alien.CommentsClose CommentsPermalink
(ii) EFFECT OF FAILURE TO RECEIVE NOTICE- Under procedures developed under clause (i), failure by the alien to receive notice of a violation of the immigration laws shall not constitute cause for removing information provided by the Secretary under subparagraph (A) related to such alien, unless such information is erroneous.CommentsClose CommentsPermalink
(iii) INTERIM PROVISION OF INFORMATION- Notwithstanding the 180-day period set forth in subparagraph (A), the Secretary may not provide the information required under subparagraph (A) until the procedures required under this paragraph have been developed and implemented.CommentsClose CommentsPermalink
(2) INCLUSION OF INFORMATION IN THE NATIONAL CRIME INFORMATION CENTER DATABASE-
(A) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (4) as paragraph (5); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink
`(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States; and'.CommentsClose CommentsPermalink
SEC. 126. DOCUMENT FRAUD DETECTION.
(a) Training- Subject to the availability of appropriations, the Secretary shall provide all United States Customs and Border Protection officers with training in identifying and detecting fraudulent travel documents. Such training shall be developed in consultation with the head of the Forensic Document Laboratory of United States Immigration and Customs Enforcement.CommentsClose CommentsPermalink
(b) Forensic Document Laboratory- The Secretary shall provide all United States Customs and Border Protection officers with access to the Forensic Document Laboratory.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section during each of the fiscal years 2008 through 2012.CommentsClose CommentsPermalink
SEC. 127. BORDER RELIEF GRANT PROGRAM.
(a) Grants Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to award grants, subject to the availability of appropriations, to an eligible law enforcement agency to provide assistance to such agency to address--CommentsClose CommentsPermalink
(A) criminal activity that occurs in the jurisdiction of such agency by virtue of such agency's proximity to the international border of the United States; andCommentsClose CommentsPermalink
(B) the impact of any lack of security along such border.CommentsClose CommentsPermalink
(2) DURATION- Grants may be awarded under this subsection during each of fiscal years 2008 through 2012.CommentsClose CommentsPermalink
(3) COMPETITIVE BASIS- The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community--CommentsClose CommentsPermalink
(A) with a population of fewer than 50,000 residents; andCommentsClose CommentsPermalink
(B) located not farther than 100 miles from a United States border with--CommentsClose CommentsPermalink
(i) Canada; orCommentsClose CommentsPermalink
(ii) Mexico.CommentsClose CommentsPermalink
(b) Use of Funds- Grants awarded pursuant to subsection (a) may only be used to provide additional resources for an eligible law enforcement agency to address criminal activity occurring along any such border, including--CommentsClose CommentsPermalink
(1) to obtain equipment;CommentsClose CommentsPermalink
(2) to hire additional personnel;CommentsClose CommentsPermalink
(3) to upgrade and maintain law enforcement technology;CommentsClose CommentsPermalink
(4) to cover operational costs, including overtime and transportation costs; andCommentsClose CommentsPermalink
(5) such other resources as are available to assist that agency.CommentsClose CommentsPermalink
(c) Application-CommentsClose CommentsPermalink
(1) IN GENERAL- Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.CommentsClose CommentsPermalink
(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--CommentsClose CommentsPermalink
(A) describe the activities for which assistance under this section is sought; andCommentsClose CommentsPermalink
(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) ELIGIBLE LAW ENFORCEMENT AGENCY- The term `eligible law enforcement agency' means a tribal, State, or local law enforcement agency located in a county that--CommentsClose CommentsPermalink
(A) is not farther than 100 miles from a United States border with--CommentsClose CommentsPermalink
(i) Canada; orCommentsClose CommentsPermalink
(ii) Mexico; orCommentsClose CommentsPermalink
(B) has been certified by the Secretary as a High Impact Area.CommentsClose CommentsPermalink
(2) HIGH IMPACT AREA- The term `High Impact Area' means any county designated by the Secretary as such, taking into consideration--CommentsClose CommentsPermalink
(A) whether local law enforcement agencies in that county have the resources to protect the lives, property, safety, or welfare of the residents of that county;CommentsClose CommentsPermalink
(B) the relationship between any lack of security along the United States border and the rise, if any, of criminal activity in that county; andCommentsClose CommentsPermalink
(C) any other unique challenges that local law enforcement face due to a lack of security along the United States border.CommentsClose CommentsPermalink
(e) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated $250,000,000 for each of that fiscal years 2008 through 2012 to carry out the provisions of this section.CommentsClose CommentsPermalink
(2) DIVISION OF AUTHORIZED FUNDS- Of the amounts appropriated pursuant to paragraph (1)--CommentsClose CommentsPermalink
(A) 2/3 shall be set aside for eligible law enforcement agencies located in the 6 States with the largest number of undocumented alien apprehensions; andCommentsClose CommentsPermalink
(B) 1/3 shall be set aside for areas designated as a High Impact Area under subsection (d).CommentsClose CommentsPermalink
(f) Supplement Not Supplant- Amounts appropriated for grants under this section shall be used to supplement and not to supplant other State and local public funds obligated for the purposes provided under this title.CommentsClose CommentsPermalink
SEC. 128. COMBATING HUMAN SMUGGLING.
(a) Requirement for Plan- The Secretary shall develop and implement a plan to improve coordination between the United States Immigration and Customs Enforcement and the United States Customs and Border Protection of the Department and any other Federal, State, local, or tribal authorities, as determined appropriate by the Secretary, to improve coordination efforts to combat human smuggling.CommentsClose CommentsPermalink
(b) Content- In developing the plan required by subsection (a), the Secretary shall consider--CommentsClose CommentsPermalink
(1) the interoperability of databases utilized to prevent human smuggling;CommentsClose CommentsPermalink
(2) adequate and effective personnel training;CommentsClose CommentsPermalink
(3) methods and programs to effectively target networks that engage in such smuggling;CommentsClose CommentsPermalink
(4) effective utilization of--CommentsClose CommentsPermalink
(A) visas for victims of trafficking and other crimes; andCommentsClose CommentsPermalink
(B) investigatory techniques, equipment, and procedures that prevent, detect, and prosecute international money laundering and other operations that are utilized in smuggling;CommentsClose CommentsPermalink
(5) joint measures, with the Secretary of State, to enhance intelligence sharing and cooperation with foreign governments whose citizens are preyed on by human smugglers; andCommentsClose CommentsPermalink
(6) other measures that the Secretary considers appropriate to combating human smuggling.CommentsClose CommentsPermalink
(c) Report- Not later than 1 year after implementing the plan described in subsection (a), the Secretary shall submit to Congress a report on such plan, including any recommendations for legislative action to improve efforts to combating human smuggling.CommentsClose CommentsPermalink
(d) Savings Provision- Nothing in this section may be construed to provide additional authority to any State or local entity to enforce Federal immigration laws.CommentsClose CommentsPermalink
SEC. 129. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.
(a) Construction or Acquisition of Detention Facilities- In addition to existing facilities for the detention of aliens, the Secretary, subject to available appropriations, shall construct or acquire not fewer than 20 detention facilities in the United States that have the capacity to detain a combined total of not fewer than 45,000 individuals at any time for aliens detained pending removal or a decision on removal of such aliens from the United States.CommentsClose CommentsPermalink
(b) Construction or Acquisition of Detention Facilities-CommentsClose CommentsPermalink
(1) REQUIREMENT TO CONSTRUCT OR ACQUIRE- Subject to available appropriations, the Secretary shall construct or acquire additional detention facilities in the United States to accommodate the detention beds required under section 5204(a) of the Intelligence Reform and Terrorism Protection Act of 2004 (
(2) USE OF ALTERNATE DETENTION FACILITIES- Subject to the availability of appropriations, the Secretary shall fully utilize all possible options to cost effectively increase available detention capacities, and shall utilize detention facilities that are owned and operated by the Federal Government if the use of such facilities is cost effective.CommentsClose CommentsPermalink
(3) USE OF INSTALLATIONS UNDER BASE CLOSURE LAWS- In acquiring additional detention facilities under this subsection, the Secretary shall consider the transfer of appropriate portions of military installations approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (
(4) DETERMINATION OF LOCATION- The location of any detention facility constructed or acquired in accordance with this subsection shall be determined, with the concurrence of the Secretary, by the senior officer responsible for Detention and Removal Operations in the Department. The detention facilities shall be located so as to enable the officers and employees of the Department to increase to the maximum extent practicable the annual rate and level of removals of illegal aliens from the United States.CommentsClose CommentsPermalink
(c) Annual Report to Congress- Not later than 1 year after the date of the enactment of this Act, and annually thereafter, in consultation with the heads of other appropriate Federal agencies, the Secretary shall submit to Congress an assessment of the additional detention facilities and bed space needed to detain unlawful aliens apprehended at the United States ports of entry or along the international land borders of the United States.CommentsClose CommentsPermalink
(d) Technical and Conforming Amendment- Section 241(g)(1) (
(e) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 130. NORTHERN BORDER PROSECUTION REIMBURSEMENT.
(a) Short Title- This section may be cited as the `Northern Border Prosecution Initiative Reimbursement Act'.CommentsClose CommentsPermalink
(b) Northern Border Prosecution Initiative-CommentsClose CommentsPermalink
(1) INITIATIVE REQUIRED- From amounts made available to carry out this section, the Attorney General, acting through the Director of the Bureau of Justice Assistance of the Office of Justice Programs, shall carry out a program, to be known as the Northern Border Prosecution Initiative, to provide funds to reimburse eligible northern border entities for costs incurred by those entities for handling case dispositions of criminal cases that are federally initiated but federally declined-referred. This program shall be modeled after the Southwestern Border Prosecution Initiative and shall serve as a partner program to that initiative to reimburse local jurisdictions for processing Federal cases.CommentsClose CommentsPermalink
(2) PROVISION AND ALLOCATION OF FUNDS- Funds provided under the program shall be provided in the form of direct reimbursements and shall be allocated in a manner consistent with the manner under which funds are allocated under the Southwestern Border Prosecution Initiative.CommentsClose CommentsPermalink
(3) USE OF FUNDS- Funds provided to an eligible northern border entity may be used by the entity for any lawful purpose, including--CommentsClose CommentsPermalink
(A) prosecution and related costs;CommentsClose CommentsPermalink
(B) court costs;CommentsClose CommentsPermalink
(C) costs of courtroom technology;CommentsClose CommentsPermalink
(D) costs of constructing holding spaces;CommentsClose CommentsPermalink
(E) costs of administrative staff; andCommentsClose CommentsPermalink
(F) detention costs, including pre-trial and post-trial detention.CommentsClose CommentsPermalink
(4) DEFINITIONS- In this section:CommentsClose CommentsPermalink
(A) CASE DISPOSITION- The term `case disposition', for purposes of the Northern Border Prosecution Initiative--CommentsClose CommentsPermalink
(i) refers to the time between a suspect's arrest and the resolution of the criminal charges through a county or State judicial or prosecutorial process; andCommentsClose CommentsPermalink
(ii) does not include incarceration time for sentenced offenders, or time spent by prosecutors on judicial appeals.CommentsClose CommentsPermalink
(B) ELIGIBLE NORTHERN BORDER ENTITY- The term `eligible northern border entity' means--CommentsClose CommentsPermalink
(i) Alaska, Idaho, Maine, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; orCommentsClose CommentsPermalink
(ii) any unit of local government within a State referred to in clause (i).CommentsClose CommentsPermalink
(C) FEDERALLY DECLINED-REFERRED- The term `federally declined-referred'--CommentsClose CommentsPermalink
(i) means, with respect to a criminal case, that a decision has been made in that case by a United States Attorney or a Federal law enforcement agency during a Federal investigation to no longer pursue Federal criminal charges against a defendant and to refer the investigation to a State or local jurisdiction for possible prosecution; andCommentsClose CommentsPermalink
(ii) includes a decision made on an individualized case-by-case basis and a decision made pursuant to a general policy or practice or prosecutorial discretion.CommentsClose CommentsPermalink
(D) FEDERALLY INITIATED- The term `federally initiated' means, with respect to a criminal case, that the case results from a criminal investigation or an arrest involving Federal law enforcement authorities for a potential violation of Federal criminal law, including investigations resulting from multi-jurisdictional task forces.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated to carry out this section--CommentsClose CommentsPermalink
(1) $28,000,000 for fiscal year 2008; andCommentsClose CommentsPermalink
(2) such sums as may be necessary for each succeeding fiscal year.CommentsClose CommentsPermalink
SEC. 131. LIMITATION ON LANDOWNER'S LIABILITY.
Section 287 (
`(i) Indemnity for Actions of Law Enforcement Officers-CommentsClose CommentsPermalink
`(1) IN GENERAL- Notwithstanding any other provision of law and subject to appropriations, an owner of land located within 100 miles of the international land border of the United States may seek reimbursement from the Department of Homeland Security for any adverse final tort judgment for negligence (excluding attorneys' fees and costs) authorized under the Federal or State tort law, arising directly from such border security activity if--CommentsClose CommentsPermalink
`(A) such owner has been found negligent by a Federal or State court in any tort litigation;CommentsClose CommentsPermalink
`(B) such owner has not already been reimbursed for the final tort judgment, including outstanding attorney's fees and costs;CommentsClose CommentsPermalink
`(C) such owner did not have or does not have sufficient property insurance to cover the judgment and have had an insurance claim for such coverage denied; andCommentsClose CommentsPermalink
`(D) such tort action was brought as a direct result of activity of law enforcement officers of the Department of Homeland Security, acting in their official capacity, on the owner's land.CommentsClose CommentsPermalink
`(2) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink
`(A) the term `land' includes roads, water, watercourses, and private ways, and buildings, structures, machinery and equipment that is attached to real property; andCommentsClose CommentsPermalink
`(B) the term `owner' includes the possessor of a fee interest, a tenant, lessee, occupant, the possessor of any other interest in land, or any person having a right to grant permission to use the land.CommentsClose CommentsPermalink
`(3) EXCEPTIONS- Nothing in this subsection may be construed to limit landowner liability which would otherwise exist for--CommentsClose CommentsPermalink
`(A) willful or malicious failure to guard or warn against a known dangerous condition, use, structure, or activity likely to cause harm;CommentsClose CommentsPermalink
`(B) maintaining an attractive nuisance;CommentsClose CommentsPermalink
`(C) gross negligence; orCommentsClose CommentsPermalink
`(D) direct interference with, or hindrance of, any agent or officer of the Federal Government who is authorized to enforce the immigration laws of the United States during--CommentsClose CommentsPermalink
`(i) a patrol of such landowner's land; orCommentsClose CommentsPermalink
`(ii) any action taken to apprehend or detain any alien attempting to enter the United States illegally or evade execution of an arrest warrant for a violation of any immigration law.CommentsClose CommentsPermalink
`(4) SAVINGS PROVISION- Nothing in this subsection may be construed to affect any right or remedy available pursuant to the Federal Tort Claims Act.'.CommentsClose CommentsPermalink
TITLE II--INTERIOR ENFORCEMENT
Subtitle A--Interior Security Measures
SEC. 201. ADDITIONAL IMMIGRATION PERSONNEL.
(a) Department of Homeland Security-CommentsClose CommentsPermalink
(1) TRIAL ATTORNEYS- In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations for such purpose, shall increase the number of positions for attorneys in the Office of General Counsel of the Department who represent the Department in immigration matters in removal proceedings before immigration judges and in Federal district courts or circuit courts of appeals as Special Assistant United States Attorneys by not fewer than 100 compared to the number of such positions for which funds were made available during the preceding fiscal year.CommentsClose CommentsPermalink
(2) ATTORNEY ADVISORS- In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations for such purpose, shall increase the number of positions for attorneys in the Office of the Chief Counsel of United States Citizenship and Immigration Services who advise and provide litigation support to components of United States Citizenship and Immigration Services, the Office of Immigration Litigation of the Department of Justice, and United States Attorney offices, on litigation involving the adjudication of immigration benefits under the Immigration and Nationality Act (
(3) USCIS ADJUDICATORS- In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations for such purpose, shall increase the number of positions for adjudicators in the United States Citizenship and Immigration Service by not fewer than 100 compared to the number of such positions for which funds were made available during the preceding fiscal year.CommentsClose CommentsPermalink
(4) FORENSICS DOCUMENT LABORATORY PERSONNEL- In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations for such purpose, shall increase the number of positions for forensic auditors in the Forensic Document Laboratory of the United States Immigration and Customs Enforcement by not fewer than 25 compared to the number of such positions for which funds were made available during the preceding fiscal year.CommentsClose CommentsPermalink
(5) INCREASE IN FULL-TIME ICE AND CIS PERSONNEL- In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations, shall increase by not fewer than 2,000 the number of positions for full-time active duty intelligence research specialists, agents, officers, and investigators in United States Immigration and Customs Enforcement and the Fraud Detection and National Security Division of United States Citizenship and Immigration Services--CommentsClose CommentsPermalink
(A) to carry out the removal of aliens who are not admissible to, or are subject to removal from, the United States;CommentsClose CommentsPermalink
(B) to investigate immigration fraud; andCommentsClose CommentsPermalink
(C) to enforce workplace violations.CommentsClose CommentsPermalink
(6) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary for each of the fiscal years 2008 through 2012 such sums as may be necessary to carry out paragraphs (1) through (5).CommentsClose CommentsPermalink
(7) CONFORMING AMENDMENT- Section 5203 of the Intelligence Reform and Terrorism Protection Act of 2004 (
(b) Department of Justice-CommentsClose CommentsPermalink
(1) LITIGATION ATTORNEYS- In each of the fiscal years 2008 through 2012, the Attorney General, subject to the availability of appropriations for such purpose, shall increase the number of positions for attorneys in the Office of Immigration Litigation by not fewer than 50 compared to the number of such positions for which funds were made available during the preceding fiscal year.CommentsClose CommentsPermalink
(2) UNITED STATES ATTORNEYS- In each of the fiscal years 2008 through 2012, the Attorney General, subject to the availability of appropriations for such purpose, shall increase the number of attorneys in the United States Attorneys' office assigned to litigate and prosecute immigration cases in the Federal courts by not fewer than 100 compared to the number of such positions for which funds were made available during the preceding fiscal year.CommentsClose CommentsPermalink
(3) CRIMINAL DIVISION ATTORNEYS- The Attorney General shall increase the number of attorneys in the Criminal Division assigned to prosecute immigration cases in the Federal courts, as appropriate.CommentsClose CommentsPermalink
(4) JUDICIAL CLERKS- The Attorney General, subject to the availability of appropriations for such purpose, shall appoint necessary law clerks for immigration judges and Board of Immigration Appeals members of not fewer than 1 per judge and member. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, United States Code.CommentsClose CommentsPermalink
(5) IMMIGRATION JUDGES- In each of the fiscal years 2008 through 2012, the Attorney General, subject to the availability of appropriations for such purpose, shall--CommentsClose CommentsPermalink
(A) increase by not fewer than 20 the number of full-time immigration judges compared to the number of such positions for which funds were made available during the preceding fiscal year; andCommentsClose CommentsPermalink
(B) increase by not fewer than 80 the number of positions for personnel to support the immigration judges described in subparagraph (A) compared to the number of such positions for which funds were made available during the preceding fiscal year.CommentsClose CommentsPermalink
(6) STAFF ATTORNEYS- In each of the fiscal years 2008 through 2012, the Attorney General, subject to the availability of appropriations for such purpose, shall--CommentsClose CommentsPermalink
(A) increase the number of positions for full-time staff attorneys in the Board of Immigration Appeals by not fewer than 20 compared to the number of such positions for which funds were made available during the preceding fiscal year; andCommentsClose CommentsPermalink
(B) increase the number of positions for personnel to support the staff attorneys described in subparagraph (A) by not fewer than 10 compared to the number of such positions for which funds were made available during the preceding fiscal year.CommentsClose CommentsPermalink
(7) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Attorney General for each of the fiscal years 2008 through 2012 such sums as may be necessary to carry out this subsection, including the hiring of necessary support staff.CommentsClose CommentsPermalink
(c) Administrative Office of the United States Courts- In each of the fiscal years 2008 through 2012, the Director of the Administrative Office of the United States Courts, subject to the availability of appropriations, shall increase the number of attorneys in the Federal Defenders Program who litigate criminal immigration cases in the Federal courts by not fewer than 50 compared to the number of such positions for which funds were made available during the preceding fiscal year.CommentsClose CommentsPermalink
(d) District Judges for the District Courts in Border States-CommentsClose CommentsPermalink
(1) IN GENERAL- The President shall appoint, by and with the advice and consent of the Senate--CommentsClose CommentsPermalink
(A) 4 additional district judges for the district of Arizona;CommentsClose CommentsPermalink
(B) 4 additional district judges for the central district of California;CommentsClose CommentsPermalink
(C) 4 additional district judges for the eastern of California;CommentsClose CommentsPermalink
(D) 2 additional district judges for the northern district of California;CommentsClose CommentsPermalink
(E) 4 additional district judges for the middle district of Florida;CommentsClose CommentsPermalink
(F) 2 additional district judges for the southern district of Florida;CommentsClose CommentsPermalink
(G) 1 additional district judge for the district of Minnesota;CommentsClose CommentsPermalink
(H) 1 additional district judge for the district of New Mexico;CommentsClose CommentsPermalink
(I) 3 additional district judges for the eastern district of New York;CommentsClose CommentsPermalink
(J) 1 additional district judge for the western district of New York;CommentsClose CommentsPermalink
(K) 1 additional district judge for the eastern district of Texas;CommentsClose CommentsPermalink
(L) 2 additional district judges for the southern district of Texas;CommentsClose CommentsPermalink
(M) 1 additional district judge for the western district of Texas; andCommentsClose CommentsPermalink
(N) 1 additional district judge for the western district of Washington.CommentsClose CommentsPermalink
(2) TEMPORARY JUDGESHIPS- The President shall appoint, by and with the advice and consent of the Senate--CommentsClose CommentsPermalink
(A) 1 additional district judge for the district of Arizona;CommentsClose CommentsPermalink
(B) 1 additional district judge for the central district of California;CommentsClose CommentsPermalink
(C) 1 additional district judge for the northern district of California;CommentsClose CommentsPermalink
(D) 1 additional district judge for the middle district of Florida;CommentsClose CommentsPermalink
(E) 1 additional district judge for the southern district of Florida;CommentsClose CommentsPermalink
(F) 1 additional district judge for the district of Idaho; andCommentsClose CommentsPermalink
(G) 1 additional district judge for the district of New Mexico.CommentsClose CommentsPermalink
(3) VACANCIES- For each of the judicial districts named in paragraph (2), the first vacancy arising on the district court 10 years or more after a judge is first confirmed to fill the temporary district judgeship created in that district by paragraph (2) shall not be filled.CommentsClose CommentsPermalink
(4) EXISTING JUDGESHIPS- The existing judgeships for the district of Arizona and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (
(5) TABLES- The table contained in
--------------------------------------CommentsClose CommentsPermalink
`Districts Judges CommentsClose CommentsPermalink
--------------------------------------CommentsClose CommentsPermalink
Alabama: CommentsClose CommentsPermalink
Northern 7 CommentsClose CommentsPermalink
Middle 3 CommentsClose CommentsPermalink
Southern 3 CommentsClose CommentsPermalink
Alaska 3 CommentsClose CommentsPermalink
Arizona 17 CommentsClose CommentsPermalink
Arkansas: CommentsClose CommentsPermalink
Eastern 5 CommentsClose CommentsPermalink
Western 3 CommentsClose CommentsPermalink
California: CommentsClose CommentsPermalink
Northern 16 CommentsClose CommentsPermalink
Eastern 10 CommentsClose CommentsPermalink
Central 31 CommentsClose CommentsPermalink
Southern 13 CommentsClose CommentsPermalink
Colorado 7 CommentsClose CommentsPermalink
Connecticut 8 CommentsClose CommentsPermalink
Delaware 4 CommentsClose CommentsPermalink
District of Columbia 15 CommentsClose CommentsPermalink
Florida: CommentsClose CommentsPermalink
Northern 4 CommentsClose CommentsPermalink
Middle 19 CommentsClose CommentsPermalink
Southern 19 CommentsClose CommentsPermalink
Georgia: CommentsClose CommentsPermalink
Northern 11 CommentsClose CommentsPermalink
Middle 4 CommentsClose CommentsPermalink
Southern 3 CommentsClose CommentsPermalink
Hawaii 3 CommentsClose CommentsPermalink
Idaho 2 CommentsClose CommentsPermalink
Illinois: CommentsClose CommentsPermalink
Northern 22 CommentsClose CommentsPermalink
Central 4 CommentsClose CommentsPermalink
Southern 4 CommentsClose CommentsPermalink
Indiana: CommentsClose CommentsPermalink
Northern 5 CommentsClose CommentsPermalink
Southern 5 CommentsClose CommentsPermalink
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--------------------------------------CommentsClose CommentsPermalink
(e) Legal Orientation Program-CommentsClose CommentsPermalink
(1) CONTINUED OPERATION- The Director of the Executive Office for Immigration Review shall continue to operate a legal orientation program to provide basic information about immigration court procedures for immigration detainees and shall expand the legal orientation program to provide such information on a nationwide basis.CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out the legal orientation program authorized under paragraph (1).CommentsClose CommentsPermalink
SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED OR ALIENS WHO OVERSTAY.
(a) In General- Section 241(a) (
(1) by striking `Attorney General' each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(2) in paragraph (1)--CommentsClose CommentsPermalink
(A) by amending clause (ii) of subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(ii) If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of the removal of the alien, the date the stay of removal is no longer in effect.';CommentsClose CommentsPermalink
(B) by adding at the end of subparagraph (B), the following: `If, at the beginning of the removal period, as determined under this subparagraph, the alien is not in the custody of the Secretary of Homeland Security (under the authority of this Act), the Secretary shall take the alien into custody for removal, and the removal period shall not begin until the alien is taken into such custody. If the Secretary transfers custody of the alien during the removal period pursuant to law to another Federal agency or a State or local government agency in connection with the official duties of such agency, the removal period shall be tolled, and shall begin anew on the date of the alien's return to the custody of the Secretary subject to clause (ii).'; andCommentsClose CommentsPermalink
(C) by amending subparagraph (C) to read as follows:CommentsClose CommentsPermalink
`(C) SUSPENSION OF PERIOD- The removal period shall be extended beyond a period of 90 days and the alien may remain in detention during such extended period if the alien--CommentsClose CommentsPermalink
`(i) fails or refuses to make all reasonable efforts to comply with the removal order, or to fully cooperate with the efforts of the Secretary to establish the identity of the alien and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the departure of the alien; orCommentsClose CommentsPermalink
`(ii) conspires or acts to prevent the alien's removal.';CommentsClose CommentsPermalink
(3) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `During' and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- During'; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
`(B) EFFECT OF STAY OF REMOVAL- If a court, the Board of Immigration Appeals, or an immigration judge orders a stay of removal of an alien who is subject to an administratively final order of removal, the Secretary of Homeland Security in the exercise of discretion may detain the alien during the pendency of such stay of removal.';CommentsClose CommentsPermalink
(4) in paragraph (3), by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink
`(D) to obey reasonable restrictions on the alien's conduct or activities or to perform affirmative acts that the Secretary of Homeland Security prescribes for the alien, in order to prevent the alien from absconding, for the protection of the community, or for other purposes related to the enforcement of the immigration laws.';CommentsClose CommentsPermalink
(5) in paragraph (6), by striking `removal period and, if released,' and inserting `removal period, in the discretion of the Secretary of Homeland Security, without any limitations other than those specified in this section, until the alien is removed. If the alien is released, the alien';CommentsClose CommentsPermalink
(6) by redesignating paragraph (7) as paragraph (10); andCommentsClose CommentsPermalink
(7) by inserting after paragraph (6) the following:CommentsClose CommentsPermalink
`(7) PAROLE- If an alien detained pursuant to paragraph (6) is an applicant for admission, the Secretary of Homeland Security, in the Secretary's discretion, may parole the alien under section 212(d)(5) and may provide, notwithstanding section 212(d)(5), that the alien shall not be returned to custody unless either the alien violates the conditions of the parole or the removal of the alien becomes reasonably foreseeable. In no circumstance shall such alien be considered admitted.CommentsClose CommentsPermalink
`(8) ADDITIONAL RULES FOR DETENTION OR RELEASE OF CERTAIN ALIENS WHO HAVE MADE AN ENTRY- The following procedures apply only to an alien who has effected an entry into the United States and do not apply to any other alien detained pursuant to paragraph (6):CommentsClose CommentsPermalink
`(A) ESTABLISHMENT OF A DETENTION REVIEW PROCESS FOR ALIENS WHO FULLY COOPERATE WITH REMOVAL- For an alien who has made all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary of Homeland Security's efforts to establish the alien's identity and carry out the removal order, including making timely application in good faith for travel or other documents necessary to the alien's departure, and has not conspired or acted to prevent removal, the Secretary of Homeland Security shall establish an administrative review process to determine whether an alien will be detained or released on conditions. The Secretary shall make a determination whether to release an alien after the removal period in accordance with paragraph (1)(B). The determination shall include consideration of any evidence submitted by the alien, and may include consideration of any other evidence, including any information or assistance provided by the Department of State or other Federal agency and any other information available to the Secretary pertaining to the ability to remove the alien.CommentsClose CommentsPermalink
`(B) ADDITIONAL 90-DAY PERIOD- The Secretary of Homeland Security, in the exercise of discretion, without any limitations other than those specified in this section, may continue to detain an alien for 90 days beyond the removal period (including any extension of the removal period as provided in paragraph (1)(D)).CommentsClose CommentsPermalink
`(C) FURTHER DETENTION- The Secretary of Homeland Security, in the exercise of discretion, without any limitations other than those specified in this section, may continue to detain an alien beyond the removal period and the 90-day period authorized by subparagraph (B)--CommentsClose CommentsPermalink
`(i) until the alien is removed, if the Secretary determines that there is a significant likelihood that the alien--CommentsClose CommentsPermalink
`(I) will be removed in the reasonably foreseeable future; orCommentsClose CommentsPermalink
`(II) would be removed in the reasonably foreseeable future, or would have been removed, but for the failure or refusal of the alien to make all reasonable efforts to comply with the removal order, or to cooperate fully with the efforts of the Secretary to establish the identity of the alien and to carry out the removal order, including making timely application in good faith for travel or other documents necessary to the departure of the alien, or conspiracies or acts to prevent the alien's removal;CommentsClose CommentsPermalink
`(ii) until the alien is removed, if the Secretary certifies in writing--CommentsClose CommentsPermalink
`(I) in consultation with the Secretary of Health and Human Services, that the alien has a highly contagious disease that poses a threat to public safety;CommentsClose CommentsPermalink
`(II) after receipt of a written recommendation from the Secretary of State, that release of the alien is likely to have serious adverse foreign policy consequences for the United States;CommentsClose CommentsPermalink
`(III) based on information available to the Secretary of Homeland Security (including classified, sensitive, or national security information, and without regard to the grounds upon which the alien was ordered removed), that there is reason to believe that the release of the alien would threaten the national security of the United States; orCommentsClose CommentsPermalink
`(IV) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and--CommentsClose CommentsPermalink
`(aa) the alien has been convicted of one or more aggravated felonies as defined in section 101(a)(43)(A), one or more crimes identified by the Secretary of Homeland Security by regulation, or one or more attempts or conspiracies to commit any such aggravated felonies or such identified crimes, provided that the aggregate term of imprisonment for such attempts or conspiracies is at least 5 years; orCommentsClose CommentsPermalink
`(bb) the alien has committed one or more crimes of violence (as defined in
`(V) that the release of the alien will threaten the safety of the community or any person, conditions of release cannot reasonably be expected to ensure the safety of the community or any person, and the alien has been convicted of at least one aggravated felony as defined in section 101(a)(43); orCommentsClose CommentsPermalink
`(iii) pending a certification under clause (ii), if the Secretary has initiated the administrative review process under subparagraph (C) not later than 30 days after the expiration of the alien's removal period (including any extension of the removal period as provided in paragraph (1)(D)).CommentsClose CommentsPermalink
`(D) RENEWAL AND DELEGATION OF CERTIFICATION-CommentsClose CommentsPermalink
`(i) RENEWAL- The Secretary of Homeland Security may renew a certification under subparagraph (C)(ii) every 180 days without limitation, after providing an opportunity for the alien to request reconsideration of the certification and to submit documents or other evidence in support of that request. If the Secretary does not renew such a certification, the Secretary may not continue to detain the alien under subparagraph (C)(ii).CommentsClose CommentsPermalink
`(ii) DELEGATION- Notwithstanding section 103, the Secretary of Homeland Security may not delegate the authority to make or renew a certification described in subclause (II), (III), or (V) of subparagraph (C)(ii) to an official below the level of the Assistant Secretary for Immigration and Customs Enforcement.CommentsClose CommentsPermalink
`(iii) HEARING- The Secretary of Homeland Security may request that the Attorney General, or a designee of the Attorney General, provide for a hearing to make the determination described in item (bb) of subparagraph (C)(ii)(IV).CommentsClose CommentsPermalink
`(E) RELEASE ON CONDITIONS- If it is determined that an alien should be released from detention under this paragraph, the Secretary of Homeland Security, in the exercise of discretion, may impose conditions on release as provided in paragraph (3).CommentsClose CommentsPermalink
`(F) REDETENTION-CommentsClose CommentsPermalink
`(i) IN GENERAL- The Secretary of Homeland Security, in the exercise of discretion, without any limitations other than those specified in this section, may again detain any alien subject to a final removal order who is released from custody if--CommentsClose CommentsPermalink
`(I) the alien fails to comply with the conditions of release;CommentsClose CommentsPermalink
`(II) the alien fails to continue to satisfy the conditions described in subparagraph (A); orCommentsClose CommentsPermalink
`(III) upon reconsideration, the Secretary determines that the alien may be detained under subparagraph (B) or (C).CommentsClose CommentsPermalink
`(ii) APPLICABILITY OF CUSTODY PROVISIONS- This paragraph and paragraph (6) shall apply to any alien returned to custody pursuant to this subparagraph, as if the removal period terminated on the day that the alien was so returned to custody.CommentsClose CommentsPermalink
`(G) CERTAIN ALIENS WHO EFFECTED ENTRY- The Secretary of Homeland Security may waive the provisions of subparagraph (A) through (F) and detain an alien without any limitations, except those which the Secretary shall adopt by regulation, if--CommentsClose CommentsPermalink
`(i) the alien has effected an entry;CommentsClose CommentsPermalink
`(ii) the alien has not been lawfully admitted into the United States; andCommentsClose CommentsPermalink
`(iii) the alien has not been physically present in the United States continuously for the 2-year period immediately prior to the commencement of removal proceedings under this Act or deportation proceedings against the alien.CommentsClose CommentsPermalink
`(9) JUDICIAL REVIEW- Without regard to the place of confinement, judicial review of any action or decision pursuant to paragraph (6), (7), or (8) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia, and only if the alien has exhausted all administrative remedies available to the alien as of right.'.CommentsClose CommentsPermalink
(b) Detention of Aliens During Removal Proceedings-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 235 (
`(e) Length of Detention-CommentsClose CommentsPermalink
`(1) IN GENERAL- An alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.CommentsClose CommentsPermalink
`(2) EFFECT ON DETENTION UNDER SECTION 241- The length of detention under this section shall not affect the validity of any detention under section 241.CommentsClose CommentsPermalink
`(3) JUDICIAL REVIEW- Without regard to the place of confinement, judicial review of any action or decision made pursuant to paragraph (1) or (2) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia and only if the alien has exhausted all administrative remedies available to the alien as of right.'.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENTS- Section 236 (
(A) in subsection (e)--CommentsClose CommentsPermalink
(i) by striking `The' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- The'; andCommentsClose CommentsPermalink
(ii) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(2) LIMITATION ON REVIEW- Without regard to the place of confinement, judicial review of any action or decision made pursuant to subsection (f) shall be available exclusively in a habeas corpus proceeding instituted in the United States District Court for the District of Columbia, and only if the alien has exhausted all administrative remedies (statutory and nonstatutory) available to the alien as of right.'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(f) Length of Detention-CommentsClose CommentsPermalink
`(1) IN GENERAL- With regard to the length of detention, an alien may be detained under this section, without limitation, until the alien is subject to an administratively final order of removal.CommentsClose CommentsPermalink
`(2) EFFECT ON DETENTION UNDER SECTION 241- The length of detention under this section shall not affect the validity of any detention under section 241.'.CommentsClose CommentsPermalink
(c) Effective Dates-CommentsClose CommentsPermalink
(1) AMENDMENTS MADE BY SUBSECTION (a)- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and section 241 of the Immigration and Nationality Act, as amended, shall apply to--CommentsClose CommentsPermalink
(A) all aliens subject to a final administrative removal, deportation, or exclusion order that was issued before, on, or after the date of the enactment of this Act; andCommentsClose CommentsPermalink
(B) acts and conditions occurring or existing before, on, or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) AMENDMENTS MADE BY SUBSECTION (b)- The amendments made by subsection (b) shall take effect on the date of the enactment of this Act, and sections 235 and 236 of the Immigration and Nationality Act, as amended, shall apply to any alien in detention under provisions of such sections on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(d) Detention of Aliens Who Exceed Authorized Admission Period-CommentsClose CommentsPermalink
(1) AMENDMENT- Section 236 (
(A) by redesignating subsection (e) as subsection (f); andCommentsClose CommentsPermalink
(B) by inserting after subsection (d) the following:CommentsClose CommentsPermalink
`(e) Detention of Aliens Who Exceed Authorized Admission Period-CommentsClose CommentsPermalink
`(1) CUSTODY- An alien shall be arrested and detained by the Secretary of Homeland Security pending a decision on whether the alien is to be removed from the United States if the alien knowingly, or with reason to know, exceeded, by 30 days or more, the period of the alien's authorized admission into the United States. An alien shall be deemed to have reason to know that they exceeded the period of authorized admission if--CommentsClose CommentsPermalink
`(A) the alien's passport is stamped with the expected departure date; orCommentsClose CommentsPermalink
`(B) the provision of law under which the alien applied for a visa contains a length of time for which the visa may be issued.CommentsClose CommentsPermalink
`(2) WAIVER-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary of Homeland Security may waive the application of paragraph (1) if the Secretary determines that--CommentsClose CommentsPermalink
`(i) the alien exceeded the alien's period of authorized admission or parole as a result of exceptional circumstances beyond the control of the alien; orCommentsClose CommentsPermalink
`(ii) a waiver is necessary for humanitarian purposes.CommentsClose CommentsPermalink
`(B) DEFINED TERM- In this paragraph, the term `exceptional circumstances' shall have the meaning given such term in section 240(e)(1).'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall apply to all aliens granted or issued a nonimmigrant visa on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(e) Criminal Detention of Aliens-
(1) by amending subsection (e) to read as follows:CommentsClose CommentsPermalink
`(e) Detention-CommentsClose CommentsPermalink
`(1) IN GENERAL- If, after a hearing pursuant to subsection (f), the judicial officer finds that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community, such judicial officer shall order the detention of the person before trial.CommentsClose CommentsPermalink
`(2) EFFECT OF RECENT CONVICTION- In a case described in subsection (f)(1), a rebuttable presumption arises that no condition or combination of conditions will reasonably assure the safety of any other person and the community if such judicial officer finds that--CommentsClose CommentsPermalink
`(A) the person has been convicted of a Federal offense that is described in subsection (f)(1), or of a State or local offense that would have been an offense described in subsection (f)(1) if a circumstance giving rise to Federal jurisdiction had existed;CommentsClose CommentsPermalink
`(B) the offense described in subparagraph (A) was committed while the person was on release pending trial for a Federal, State, or local offense; andCommentsClose CommentsPermalink
`(C) a period of not more than 5 years has elapsed since the date of conviction, or the release of the person from imprisonment, for the offense described in subparagraph (A), whichever is later.CommentsClose CommentsPermalink
`(3) EFFECT OF SERIOUS OFFENSES- Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community if the judicial officer finds that there is probable cause to believe that the person committed--CommentsClose CommentsPermalink
`(A) an offense for which a maximum term of imprisonment of 10 years or more is prescribed in the Controlled Substances Act (
`(B) an offense under section 924(c), 956(a), or 2332b of this title;CommentsClose CommentsPermalink
`(C) an offense listed in section 2332b(g)(5)(B) of this title for which a maximum term of imprisonment of 10 years or more is prescribed; orCommentsClose CommentsPermalink
`(D) an offense involving a minor victim under section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 2422, 2423, or 2425 of this title.CommentsClose CommentsPermalink
`(4) OTHER PRESUMPTIONS- Subject to rebuttal by the person, it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required if the judicial officer finds that there is probable cause to believe that the person is an alien and that the person--CommentsClose CommentsPermalink
`(A) has no lawful immigration status in the United States;CommentsClose CommentsPermalink
`(B) is the subject of a final order of removal; orCommentsClose CommentsPermalink
`(C) has committed a felony offense under section 842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 1426 of this title, chapter 75 or 77 of this title, or section 243, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act.'; andCommentsClose CommentsPermalink
(2) in subsection (g)(3)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `and' at the end; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(C) the person's immigration status; and'.CommentsClose CommentsPermalink
SEC. 203. AGGRAVATED FELONY.
(a) Definition of Aggravated Felony- Section 101(a)(43) (
(1) by striking `The term `aggravated felony' means--' and inserting `Notwithstanding any other provision of law, the term `aggravated felony' applies to an offense described in this paragraph, whether in violation of Federal or State law, and to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years, even if the term of imprisonment for the offense is based on recidivist or other enhancements, and regardless of whether the conviction was entered before, on, or after September 30, 1996, as established by evidence contained in the record of conviction or by evidence extrinsic to the record of conviction (or as a matter of fact), and means--';CommentsClose CommentsPermalink
(2) in subparagraph (A), by striking `murder, rape, or sexual abuse of a minor'; and inserting `murder, manslaughter, homicide, rape, or an offense of a sexual nature involving a victim under the age of 18 (whether or not the age of the victim is established by evidence contained in the record of conviction or by evidence extrinsic to the record of conviction) or the failure of an individual to register as a sex offender as required under
(3) by amending subparagraph (F) to read as follows:CommentsClose CommentsPermalink
`(F)(i) a crime of violence (as defined in
`(ii) a second conviction for driving while intoxicated (including a second conviction for driving while intoxicated or impaired by alcohol or drugs) under Federal or State law, without regard to whether the conviction is classified as a felony or misdemeanor under Federal or State law, for which the term of imprisonment is at least 1 year.';CommentsClose CommentsPermalink
(4) in subparagraph (N), by striking `paragraph (1)(A) or (2) of';CommentsClose CommentsPermalink
(5) in subparagraph (O), by striking `section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph' and inserting `section 275 or 276 for which the term of imprisonment is at least 1 year';CommentsClose CommentsPermalink
(6) in subparagraph (U), by striking `an attempt or conspiracy to commit an offense described in this paragraph' and inserting `attempting or conspiring to commit an offense described in this paragraph, or aiding, abetting, counseling, procuring, commanding, inducing, or soliciting the commission of such an offense'; andCommentsClose CommentsPermalink
(7) by striking the undesignated matter following subparagraph (U).CommentsClose CommentsPermalink
(b) Definition of Conviction- Section 101(a)(48) (
`(C) Any reversal, vacatur, expungement, or modification to a conviction, sentence, or conviction record that was granted to ameliorate the consequences of the conviction, sentence, or conviction record, or was granted for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt, shall have no effect on the immigration consequences resulting from the original conviction. The alien shall have the burden of demonstrating that any reversal, vacatur, expungement, or modification was not granted to ameliorate the consequences of the conviction, sentence, or conviction record, for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of a guilty plea or a determination of guilt. Nothing in this paragraph affects the consequences of any reversal, vacatur, expungement, or modification of a conviction for any other reason, including legal error or constitutional defect.'.CommentsClose CommentsPermalink
(c) Effective Date and Application- The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any act or offense that occurred before, on, or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 204. INADMISSIBILITY AND DEPORTABILITY OF GANG MEMBERS.
(a) Definition of Criminal Gang- Section 101(a) (
`(52)(A) The term `criminal gang' means an ongoing group, club, organization, or association of 5 or more persons--CommentsClose CommentsPermalink
`(i) that has, as 1 of its primary purposes, the commission of 1 or more of the criminal offenses described in subparagraph (B); andCommentsClose CommentsPermalink
`(ii) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subparagraph (B).CommentsClose CommentsPermalink
`(B) Offenses described in this subparagraph, whether in violation of Federal or State law or in violation of the law of a foreign country, regardless of whether charged, and regardless of whether the conduct occurred before, on, or after the date of the enactment of this paragraph, are--CommentsClose CommentsPermalink
`(i) a felony drug offense (as defined in section 102 of the Controlled Substances Act (
`(ii) a felony offense involving firearms or explosives, including a violation of section 924(c), 924(h), or 931 of title 18 (relating to purchase, ownership, or possession of body armor by violent felons);CommentsClose CommentsPermalink
`(iii) an offense under section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to the importation of an alien for immoral purpose);CommentsClose CommentsPermalink
`(iv) a felony crime of violence (as defined in
`(v) a crime involving obstruction of justice; tampering with or retaliating against a witness, victim, or informant; or burglary;CommentsClose CommentsPermalink
`(vi) any conduct punishable under sections 1028 and 1029 of title 18, United States Code (relating to fraud and related activity in connection with identification documents or access devices), sections 1581 through 1594 of such title (relating to peonage, slavery and trafficking in persons), section 1952 of such title (relating to interstate and foreign travel or transportation in aid of racketeering enterprises), section 1956 of such title (relating to the laundering of monetary instruments), section 1957 of such title (relating to engaging in monetary transactions in property derived from specified unlawful activity), or sections 2312 through 2315 of such title (relating to interstate transportation of stolen motor vehicles or stolen property); andCommentsClose CommentsPermalink
`(vii) a conspiracy to commit an offense described in clause (i) through (vi).'.CommentsClose CommentsPermalink
(b) Inadmissibility- Section 212(a)(2) (
`(F) ALIENS ASSOCIATED WITH CRIMINAL GANGS-CommentsClose CommentsPermalink
`(i) IN GENERAL- Any alien whom--CommentsClose CommentsPermalink
`(I) a consular officer, the Attorney General, or the Secretary of Homeland Security knows or has reason to believe to be or have been a member of a criminal gang; orCommentsClose CommentsPermalink
`(II) a consular officer, the Attorney General, or the Secretary of Homeland Security knows or has reason to believe to have participated in the activities of a criminal gang, knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang,CommentsClose CommentsPermalink
is inadmissible.CommentsClose CommentsPermalink
`(ii) WAIVER- The Secretary of Homeland Security or the Attorney General may waive the application of subclauses (I) and (II) of clause (i) for any alien who is the parent, spouse, or child of a United States citizen and who establishes that his or her removal from the United States would result in extreme hardship to such parent, spouse, or child.'.CommentsClose CommentsPermalink
(c) Deportability- Section 237(a)(2) (
`(F) ALIENS ASSOCIATED WITH CRIMINAL GANGS-CommentsClose CommentsPermalink
`(i) IN GENERAL- Any alien whom--CommentsClose CommentsPermalink
`(I) there is reasonable ground to believe is or has been a member of a criminal gang; orCommentsClose CommentsPermalink
`(II) there is reasonable ground to believe has participated in the activities of a criminal gang, knowing or having reason to know that such activities will promote, further, aid, or support the illegal activity of the criminal gang,CommentsClose CommentsPermalink
is deportable.CommentsClose CommentsPermalink
`(ii) WAIVER- The Secretary of Homeland Security or the Attorney General may waive the application of subclauses (I) and (II) of clause (i) for any alien who is the parent, spouse, or child of a United States citizen and who establishes that his or her removal from the United States would result in extreme hardship to such parent, spouse, or child.'.CommentsClose CommentsPermalink
(d) Temporary Protected Status- Section 244 (
(1) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(2) in subparagraph (c)(2)(B)--CommentsClose CommentsPermalink
(A) in clause (i), by striking `or' and inserting a semicolon;CommentsClose CommentsPermalink
(B) in clause (ii), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(iii) the alien participates in, or at any time after admission has participated in, knowing or having reason to know that such participation promoted, furthered, aided, or supported the illegal activity of the gang, the activities of a criminal gang; orCommentsClose CommentsPermalink
`(iv) the alien is a member of a criminal gang.'; andCommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) by striking `Subject to paragraph (3), such' and inserting `Such'; andCommentsClose CommentsPermalink
(ii) by striking `(under paragraph (3))';CommentsClose CommentsPermalink
(B) by striking paragraph (3);CommentsClose CommentsPermalink
(C) by redesignating paragraph (4) as paragraph (3); andCommentsClose CommentsPermalink
(D) in paragraph (3), as redesignated, by adding at the end the following: `The Secretary of Homeland Security may detain an alien provided temporary protected status under this section whenever appropriate under any other provision.'.CommentsClose CommentsPermalink
(e) Effective Date- Notwithstanding any other provision of this Act, the amendments made by subsections (b), (c), and (d) of this section shall apply to--CommentsClose CommentsPermalink
(1) all aliens required to establish admissibility on or after the date of the enactment of this Act; andCommentsClose CommentsPermalink
(2) all aliens in removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date of enactment.CommentsClose CommentsPermalink
(f) Precluding Admissibility of Aliens Convicted of Serious Criminal Offenses and Domestic Violence, Stalking, Child Abuse and Violation of Protection Orders-CommentsClose CommentsPermalink
(1) INADMISSIBILITY ON CRIMINAL AND RELATED GROUNDS; WAIVERS- Section 212 (
(A) in subsection (a)(2), by adding at the end the following:CommentsClose CommentsPermalink
`(J) CRIMES OF DOMESTIC VIOLENCE, STALKING, OR VIOLATION OF PROTECTION ORDERS; CRIMES AGAINST CHILDREN-CommentsClose CommentsPermalink
`(i) DOMESTIC VIOLENCE, STALKING, AND CHILD ABUSE-CommentsClose CommentsPermalink
`(I) IN GENERAL- Any alien who is convicted of, or who admits committing or having committed acts which constitute the essential elements of, a crime of domestic violence, stalking, child abuse, child neglect, or child abandonment is inadmissible.CommentsClose CommentsPermalink
`(II) DEFINED TERM- In this clause, the term `crime of domestic violence' means any crime of violence (as defined in
`(ii) VIOLATORS OF PROTECTION ORDERS-CommentsClose CommentsPermalink
`(I) IN GENERAL- Any alien who at any time is enjoined under a protection order issued by a court and whom the court determines has engaged in conduct that violates the portion of a protection order that involves protection against credible threats of violence, repeated harassment, or bodily injury to the person or persons for whom the protection order was issued is inadmissible.CommentsClose CommentsPermalink
`(II) DEFINED TERM- In this clause, the term `protection order' means any injunction issued for the purpose of preventing violent or threatening acts of domestic violence, including temporary or final orders issued by civil or criminal courts (other than support or child custody orders or provisions) whether obtained by filing an independent action or as an independent order in another proceedings.'; andCommentsClose CommentsPermalink
(B) in subsection (h)--CommentsClose CommentsPermalink
(i) by inserting `or the Secretary of Homeland Security' after `the Attorney General' each place such term appears;CommentsClose CommentsPermalink
(ii) in the matter preceding paragraph (1), by striking `The Attorney General may, in his discretion, waive the application of subparagraphs (A)(i)(I), (B), (D), and (E) of subsection (a)(2)' and inserting `The Attorney General or the Secretary of Homeland Security may waive the application of subparagraphs (A)(i)(I), (B), (D), (E), and (M) of subsection (a)(2)'; andCommentsClose CommentsPermalink
(iii) in the matter following paragraph (2)--CommentsClose CommentsPermalink
(I) by striking `torture.' and inserting `torture, or has been convicted of an aggravated felony.'; andCommentsClose CommentsPermalink
(II) by striking `if either since the date of such admission the alien has been convicted of an aggravated felony or the alien' and inserting `if since the date of such admission the alien'.CommentsClose CommentsPermalink
(2) CONSTRUCTION- The amendment made by paragraph (1) may not be construed to create eligibility for relief from removal under the former section 212(c) of the Immigration and Nationality Act if such eligibility did not exist before the amendment became effective.CommentsClose CommentsPermalink
SEC. 205. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY RELATING TO REMOVAL AND FIREARM OFFENSES.
(a) Penalties Related to Removal- Section 243 (
(1) in subsection (a)(1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by inserting `212(a) or' after `section'; andCommentsClose CommentsPermalink
(B) in the matter following subparagraph (D), by striking `or imprisoned not more than four years' and inserting `and imprisoned for not more than 5 years'; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking `not more than $1,000 or imprisoned for not more than one year, or both' and inserting `under title 18, United States Code, and imprisoned for not more than 5 years (or for not more than 10 years if the alien is a member of any of the classes described in paragraphs (1)(E), (2), (3), and (4) of section 237(a)).'.CommentsClose CommentsPermalink
(b) Prohibiting Carrying or Using a Firearm During and in Relation to an Alien Smuggling Crime-
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in subparagraph (A)--CommentsClose CommentsPermalink
(i) by inserting `, alien smuggling crime,' after `any crime of violence'; andCommentsClose CommentsPermalink
(ii) by inserting `, alien smuggling crime,' after `such crime of violence'; andCommentsClose CommentsPermalink
(B) in subparagraph (D)(ii), by inserting `, alien smuggling crime,' after `crime of violence'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(6) In this subsection, the term `alien smuggling crime' means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (
(c) Inadmissibility for Firearms Offenses- Section 212(a)(2) (
`(L) CERTAIN FIREARM OFFENSES- Any alien who at any time has been convicted under any law of, or who admits having committed or admits committing acts which constitute the essential elements of, purchasing, selling, offering for sale, exchanging, using, owning, possessing, or carrying, or of attempting or conspiring to purchase, sell, offer for sale, exchange, use, own, possess, or carry, any weapon, part, or accessory which is a firearm or destructive device (as defined in
(d) Construction- The amendments made by this section may not be construed to create eligibility for relief from removal under former section 212(c) of the Immigration and Nationality Act if such eligibility did not exist before the amendments became effective.CommentsClose CommentsPermalink
SEC. 206. ALIEN SMUGGLING AND RELATED OFFENSES.
(a) In General- Section 274 (
`SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.
`(a) Criminal Offenses and Penalties-CommentsClose CommentsPermalink
`(1) PROHIBITED ACTIVITIES- Except as provided under paragraph (3), a person shall be punished as provided under paragraph (2), if the person--CommentsClose CommentsPermalink
`(A) facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to come to, enter, or cross the border to the United States;CommentsClose CommentsPermalink
`(B) facilitates, encourages, directs, or induces a person to come to or enter the United States, or to cross the border to the United States, at a place other than a designated port of entry or place other than as designated by the Secretary of Homeland Security, knowing or in reckless disregard of the fact that such person is an alien and regardless of whether such alien has official permission or lawful authority to be in the United States;CommentsClose CommentsPermalink
`(C) transports, moves, harbors, conceals, or shields from detection a person outside of the United States knowing or in reckless disregard of the fact that such person is an alien in unlawful transit from 1 country to another or on the high seas, under circumstances in which the alien is seeking to enter the United States without official permission or legal authority;CommentsClose CommentsPermalink
`(D) encourages or induces a person to reside in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to reside in the United States;CommentsClose CommentsPermalink
`(E) transports or moves a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to enter or be in the United States, if the transportation or movement will further the alien's illegal entry into or illegal presence in the United States;CommentsClose CommentsPermalink
`(F) harbors, conceals, or shields from detection a person in the United States, knowing or in reckless disregard of the fact that such person is an alien who lacks lawful authority to be in the United States; orCommentsClose CommentsPermalink
`(G) conspires or attempts to commit any of the acts described in subparagraphs (A) through (F).CommentsClose CommentsPermalink
`(2) CRIMINAL PENALTIES- A person who violates any provision under paragraph (1) shall for each alien in respect to whom a violation of paragraph (1) occurs--CommentsClose CommentsPermalink
`(A) except as provided in subparagraphs (C) through (G), if the violation was not committed for commercial advantage, profit, or private financial gain, shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both;CommentsClose CommentsPermalink
`(B) except as provided in subparagraphs (C) through (G), if the violation was committed for commercial advantage, profit, or private financial gain--CommentsClose CommentsPermalink
`(i) be fined under such title, imprisoned for not less than 3 years or more than 15 years, or both, if the violation is the offender's first violation under this subparagraph; orCommentsClose CommentsPermalink
`(ii) be fined under such title, imprisoned for not less than 5 years or more than 20 years, or both, if the violation is the offender's second or subsequent violation of this subparagraph;CommentsClose CommentsPermalink
`(C) if the violation furthered or aided the commission of any other offense against the United States or any State that is punishable by imprisonment for more than 1 year, shall be fined under such title, imprisoned for not less than 5 years or more than 20 years, or both;CommentsClose CommentsPermalink
`(D) shall be fined under such title, imprisoned not less than 5 years or more than 25 years, or both, if the violation created a substantial and foreseeable risk of death, a substantial and foreseeable risk of serious bodily injury (as defined in
`(i) transporting the person in an engine compartment, storage compartment, or other confined space;CommentsClose CommentsPermalink
`(ii) transporting the person at an excessive speed or in excess of the rated capacity of the means of transportation; orCommentsClose CommentsPermalink
`(iii) transporting the person in, harboring the person in, or otherwise subjecting the person to crowded or dangerous conditions;CommentsClose CommentsPermalink
`(E) if the violation caused serious bodily injury (as defined in
`(F) be fined under such title and imprisoned for not less than 10 years or more than 30 years if the violation involved an alien who the offender knew or had reason to believe was--CommentsClose CommentsPermalink
`(i) engaged in terrorist activity (as defined in section 212(a)(3)(B)); orCommentsClose CommentsPermalink
`(ii) intending to engage in terrorist activity;CommentsClose CommentsPermalink
`(G) if the offense caused or resulted in the death of any person, shall be punished by death or imprisoned for a term of years not less than 15 years and up to life, and fined under title 18, United States Code.CommentsClose CommentsPermalink
`(3) LIMITATION- It is not a violation of subparagraph (D), (E), or (F) of paragraph (1)-- for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least 1 year.CommentsClose CommentsPermalink
`(4) EXTRATERRITORIAL JURISDICTION- There is extraterritorial Federal jurisdiction over the offenses described in this subsection.CommentsClose CommentsPermalink
`(b) Seizure and Forfeiture-CommentsClose CommentsPermalink
`(1) IN GENERAL- Any real or personal property used to commit or facilitate the commission of a violation of this section, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture.CommentsClose CommentsPermalink
`(2) APPLICABLE PROCEDURES- Seizures and forfeitures under this subsection shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers agents, and other person as may be designated for the purpose by the Secretary of Homeland Security.CommentsClose CommentsPermalink
`(3) PRIMA FACIE EVIDENCE IN DETERMINATIONS OF VIOLATIONS- In determining whether a violation of subsection (a) has occurred, prima facie evidence that an alien involved in the alleged violation lacks lawful authority to come to, enter, reside in, remain in, or be in the United States or that such alien had come to, entered, resided in, remained in, or been present in the United States in violation of law may include--CommentsClose CommentsPermalink
`(A) any order, finding, or determination concerning the alien's status or lack of status made by a Federal judge or administrative adjudicator (including an immigration judge or immigration officer) during any judicial or administrative proceeding authorized under Federal immigration law;CommentsClose CommentsPermalink
`(B) official records of the Department of Homeland Security, the Department of Justice, or the Department of State concerning the alien's status or lack of status; andCommentsClose CommentsPermalink
`(C) testimony by an immigration officer having personal knowledge of the facts concerning the alien's status or lack of status.CommentsClose CommentsPermalink
`(c) Authority to Arrest- No officer or person shall have authority to make any arrests for a violation of any provision of this section except--CommentsClose CommentsPermalink
`(1) officers and employees designated by the Secretary of Homeland Security, either individually or as a member of a class; andCommentsClose CommentsPermalink
`(2) other officers responsible for the enforcement of Federal criminal laws.CommentsClose CommentsPermalink
`(d) Admissibility of Videotaped Witness Testimony- Notwithstanding any provision of the Federal Rules of Evidence, the videotaped or otherwise audiovisually preserved deposition of a witness to a violation of subsection (a) who has been deported or otherwise expelled from the United States, or is otherwise unavailable to testify, may be admitted into evidence in an action brought for that violation if--CommentsClose CommentsPermalink
`(1) the witness was available for cross examination at the deposition by the party, if any, opposing admission of the testimony; andCommentsClose CommentsPermalink
`(2) the deposition otherwise complies with the Federal Rules of Evidence.CommentsClose CommentsPermalink
`(e) Definitions- In this section:CommentsClose CommentsPermalink
`(1) CROSS THE BORDER- The term `cross the border' refers to the physical act of crossing the border into the United States regardless of whether the alien is free from official restraint.CommentsClose CommentsPermalink
`(2) LAWFUL AUTHORITY- The term `lawful authority' means permission, authorization, or license that is expressly provided for in the immigration laws of the United States or accompanying regulations. The term does not include any such authority secured by fraud or otherwise obtained in violation of law or authority sought, but not approved. No alien shall be deemed to have lawful authority to come to, enter, reside in, remain in, or be in the United States if such coming to, entry, residence, remaining, or presence was, is, or would be in violation of law.CommentsClose CommentsPermalink
`(3) PROCEEDS- The term `proceeds' includes any property or interest in property obtained or retained as a consequence of an act or omission in violation of this section.CommentsClose CommentsPermalink
`(4) UNLAWFUL TRANSIT- The term `unlawful transit' means travel, movement, or temporary presence that violates the laws of any country in which the alien is present or any country from which the alien is traveling or moving.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents is amended by striking the item relating to section 274 and inserting the following:CommentsClose CommentsPermalink
`Sec. 274. Alien smuggling and related offenses.'.CommentsClose CommentsPermalink
SEC. 207. ILLEGAL ENTRY.
(a) In General- Section 275 (
`SEC. 275. ILLEGAL ENTRY.
`(a) In General-CommentsClose CommentsPermalink
`(1) CRIMINAL OFFENSES- An alien shall be subject to the penalties set forth in paragraph (2) if the alien--CommentsClose CommentsPermalink
`(A) knowingly enters or crosses the border into the United States at any time or place other than as designated by the Secretary of Homeland Security;CommentsClose CommentsPermalink
`(B) knowingly eludes examination or inspection by an immigration officer (including failing to stop at the command of such officer), or a customs or agriculture inspection at a port of entry;CommentsClose CommentsPermalink
`(C) knowingly enters or crosses the border to the United States by means of a knowingly false or misleading representation or the knowing concealment of a material fact (including such representation or concealment in the context of arrival, reporting, entry, or clearance requirements of the customs laws, immigration laws, agriculture laws, or shipping laws);CommentsClose CommentsPermalink
`(D) knowingly exceeds for a period of 90 days or more the period of the alien's admission or parole to the United States; orCommentsClose CommentsPermalink
`(E) is found in the United States after having violated any of subparagraphs (A) through (D).CommentsClose CommentsPermalink
`(2) CRIMINAL PENALTIES- Any alien who violates any provision under paragraph (1)--CommentsClose CommentsPermalink
`(A) shall, for the first violation, be fined under title 18, United States Code, imprisoned not more than 6 months, or both;CommentsClose CommentsPermalink
`(B) shall, for a second or subsequent violation, or following an order of voluntary departure, be fined under such title, imprisoned not more than 2 years, or both;CommentsClose CommentsPermalink
`(C) if the violation occurred after the alien had been convicted of 3 or more misdemeanors or for a felony, shall be fined under such title, imprisoned not more than 10 years, or both;CommentsClose CommentsPermalink
`(D) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 24 months, shall be fined under such title, imprisoned not more than 15 years, or both; andCommentsClose CommentsPermalink
`(E) if the violation occurred after the alien had been convicted of a felony for which the alien received a term of imprisonment of not less than 48 months, such alien shall be fined under such title, imprisoned not more than 20 years, or both.CommentsClose CommentsPermalink
`(3) PRIOR CONVICTIONS- The prior convictions described in subparagraphs (C) through (E) of paragraph (2) are elements of the offenses described in that paragraph and the penalties in such subparagraphs shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are--CommentsClose CommentsPermalink
`(A) alleged in the indictment or information; andCommentsClose CommentsPermalink
`(B) proven beyond a reasonable doubt at trial or admitted by the defendant.CommentsClose CommentsPermalink
`(4) DURATION OF OFFENSE- An offense under this subsection continues until the alien is discovered within the United States by an immigration officer.CommentsClose CommentsPermalink
`(5) ATTEMPT- Any person who attempts to commit any offense under this section shall be punished in the same manner as for a completion of such offense.CommentsClose CommentsPermalink
`(b) Improper Time or Place; Civil Penalties- Any alien who is apprehended while entering, attempting to enter, or knowingly crossing or attempting to cross the border to the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty, in addition to any criminal or other civil penalties that may be imposed under any other provision of law, in an amount equal to--CommentsClose CommentsPermalink
`(1) not less than $50 or more than $250 for each such entry, crossing, attempted entry, or attempted crossing; orCommentsClose CommentsPermalink
`(2) twice the amount specified in paragraph (1) if the alien had previously been subject to a civil penalty under this subsection.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents is amended by striking the item relating to section 275 and inserting the following:CommentsClose CommentsPermalink
`Sec. 275. Illegal Entry.'.CommentsClose CommentsPermalink
(c) Effective Date- Subparagraph (E) of section 275(a)(1) of the Immigration and Nationality Act, as added by this Act, shall apply only to violations of subparagraphs (A) through (D) of such section 275(a)(1) committed on or after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 208. CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.
Title II (
`SEC. 275A. CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN THE UNITED STATES.
`(a) In General- In addition to any other violation, an alien present in the United States in violation of this Act shall be guilty of a misdemeanor and shall be fined under title 18, United States Code, imprisoned not more than 1 year, or both.CommentsClose CommentsPermalink
`(b) Affirmative Defense- It shall be an affirmative defense to a violation under subsection (a) that the alien overstayed the time allotted under the alien's visa due to an exceptional and extremely unusual hardship or physical illness that prevented the alien from leaving the United States by the required date.'.CommentsClose CommentsPermalink
SEC. 209. ILLEGAL REENTRY.
Section 276 (
`SEC. 276. REENTRY OF REMOVED ALIEN.
`(a) Reentry After Removal- Any alien who has been denied admission, excluded, deported, or removed, or who has departed the United States while an order of exclusion, deportation, or removal is outstanding, and subsequently enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned not less than 60 days and not more than 2 years.CommentsClose CommentsPermalink
`(b) Reentry of Criminal Offenders- Notwithstanding the penalty provided in subsection (a), if an alien described in that subsection--CommentsClose CommentsPermalink
`(1) was convicted for 3 or more misdemeanors or a felony before such removal or departure, the alien shall be fined under title 18, United States Code, and imprisoned not more than 10 years, or both;CommentsClose CommentsPermalink
`(2) was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 24 months, the alien shall be fined under such title, and imprisoned not more than 15 years, or both;CommentsClose CommentsPermalink
`(3) was convicted for a felony before such removal or departure for which the alien was sentenced to a term of imprisonment of not less than 48 months, the alien shall be fined under such title, and imprisoned not more than 20 years, or both;CommentsClose CommentsPermalink
`(4) was convicted for 3 felonies before such removal or departure, the alien shall be fined under such title, and imprisoned not more than 20 years, or both; orCommentsClose CommentsPermalink
`(5) was convicted, before such removal or departure, for murder, rape, kidnaping, or a felony offense described in chapter 77 (relating to peonage and slavery) or 113B (relating to terrorism) of such title, the alien shall be fined under such title, and imprisoned not less than 5 years and not more than 20 years, or both.CommentsClose CommentsPermalink
`(c) Reentry After Repeated Removal- Any alien who has been denied admission, excluded, deported, or removed 3 or more times and thereafter enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in the United States, shall be fined under title 18, United States Code, and imprisoned not fewer than 2 years and not more than 10 years, or both.CommentsClose CommentsPermalink
`(d) Proof of Prior Convictions- The prior convictions described in subsection (b) are elements of the crimes described in that subsection, and the penalties in that subsection shall apply only in cases in which the conviction or convictions that form the basis for the additional penalty are--CommentsClose CommentsPermalink
`(1) alleged in the indictment or information; andCommentsClose CommentsPermalink
`(2) proven beyond a reasonable doubt at trial or admitted by the defendant.CommentsClose CommentsPermalink
`(e) Affirmative Defenses- It shall be an affirmative defense to a violation of this section that--CommentsClose CommentsPermalink
`(1) prior to the alleged violation, the alien had sought and received the express consent of the Secretary of Homeland Security to reapply for admission into the United States; orCommentsClose CommentsPermalink
`(2) with respect to an alien previously denied admission and removed, the alien--CommentsClose CommentsPermalink
`(A) was not required to obtain such advance consent under the Immigration and Nationality Act or any prior Act; andCommentsClose CommentsPermalink
`(B) had complied with all other laws and regulations governing the alien's admission into the United States.CommentsClose CommentsPermalink
`(f) Limitation on Collateral Attack on Underlying Removal Order- In a criminal proceeding under this section, an alien may not challenge the validity of any prior removal order concerning the alien unless the alien demonstrates by clear and convincing evidence that--CommentsClose CommentsPermalink
`(1) the alien exhausted all administrative remedies that may have been available to seek relief against the order;CommentsClose CommentsPermalink
`(2) the removal proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; andCommentsClose CommentsPermalink
`(3) the entry of the order was fundamentally unfair.CommentsClose CommentsPermalink
`(g) Reentry of Alien Removed Prior to Completion of Term of Imprisonment- Any alien removed pursuant to section 241(a)(4) who enters, attempts to enter, crosses the border to, attempts to cross the border to, or is at any time found in, the United States shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release unless the alien affirmatively demonstrates that the Secretary of Homeland Security has expressly consented to the alien's reentry. Such alien shall be subject to such other penalties relating to the reentry of removed aliens as may be available under this section or any other provision of law.CommentsClose CommentsPermalink
`(h) Definitions- In this section:CommentsClose CommentsPermalink
`(1) FELONY- The term `felony' means any criminal offense punishable by a term of imprisonment of more than 1 year under the laws of the United States, any State, or a foreign government.CommentsClose CommentsPermalink
`(2) MISDEMEANOR- The term `misdemeanor' means any criminal offense punishable by a term of imprisonment of not more than 1 year under the applicable laws of the United States, any State, or a foreign government.CommentsClose CommentsPermalink
`(3) REMOVAL- The term `removal' includes any denial of admission, exclusion, deportation (including self deportation), or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal.CommentsClose CommentsPermalink
`(4) STATE- The term `State' means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.'.CommentsClose CommentsPermalink
SEC. 210. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
Chapter 75 of title 18, United States Code, is amended to read as follows:CommentsClose CommentsPermalink
`Chapter 75--Passport, Visa, and Immigration Fraud
`Sec.CommentsClose CommentsPermalink
`1541. Trafficking in passports.CommentsClose CommentsPermalink
`1542. False statement in an application for a passport.CommentsClose CommentsPermalink
`1543. Forgery and unlawful production of a passport.CommentsClose CommentsPermalink
`1544. Misuse of a passport.CommentsClose CommentsPermalink
`1545. Schemes to defraud aliens.CommentsClose CommentsPermalink
`1546. Immigration and visa fraud.CommentsClose CommentsPermalink
`1547. Marriage fraud.CommentsClose CommentsPermalink
`1548. Attempts and conspiracies.CommentsClose CommentsPermalink
`1549. Alternative penalties for certain offenses.CommentsClose CommentsPermalink
`1550. Seizure and forfeiture.CommentsClose CommentsPermalink
`1551. Additional jurisdiction.CommentsClose CommentsPermalink
`1552. Definitions.CommentsClose CommentsPermalink
`1553. Authorized law enforcement activities.CommentsClose CommentsPermalink
`SEC. 1541. TRAFFICKING IN PASSPORTS.
`(a) Multiple Passports- Any person who, during any 3-year period, knowingly--CommentsClose CommentsPermalink
`(1) and without lawful authority produces, issues, or transfers 10 or more passports;CommentsClose CommentsPermalink
`(2) forges, counterfeits, alters, or falsely makes 10 or more passports;CommentsClose CommentsPermalink
`(3) secures, possesses, uses, receives, buys, sells, or distributes 10 or more passports, knowing the passports to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority; orCommentsClose CommentsPermalink
`(4) completes, mails, prepares, presents, signs, or submits 10 or more applications for a United States passport, knowing the applications to contain any false statement or representation,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not less than 2 years and not more than 20 years, or both.CommentsClose CommentsPermalink
`(b) Passport Materials- Any person who knowingly and without lawful authority produces, buys, sells, possesses, or uses any official material (or counterfeit of any official material) used to make a passport, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned for not less than 2 years and not more than 20 years, or both.CommentsClose CommentsPermalink
`SEC. 1542. FALSE STATEMENT IN AN APPLICATION FOR A PASSPORT.
`(a) In General- Any person who knowingly makes any false statement or representation in an application for a United States passport, or mails, prepares, presents, or signs an application for a United States passport knowing the application to contain any false statement or representation, shall be fined under this title, imprisoned for not more than 15 years, or both.CommentsClose CommentsPermalink
`(b) Venue-CommentsClose CommentsPermalink
`(1) An offense under subsection (a) may be prosecuted in any district,CommentsClose CommentsPermalink
`(A) in which the false statement or representation was made or the application for a United States passport was prepared or signed, orCommentsClose CommentsPermalink
`(B) in which or to which the application was mailed or presented.CommentsClose CommentsPermalink
`(2) An offense under subsection (a) involving an application prepared and adjudicated outside the United States may be prosecuted in the district in which the resultant passport was or would have been produced.CommentsClose CommentsPermalink
`(c) Savings Clause- Nothing in this section may be construed to limit the venue otherwise available under sections 3237 and 3238.CommentsClose CommentsPermalink
`SEC. 1543. FORGERY AND UNLAWFUL PRODUCTION OF A PASSPORT.
`(a) Forgery- Any person who--CommentsClose CommentsPermalink
`(1) knowingly forges, counterfeits, alters, or falsely makes any passport; orCommentsClose CommentsPermalink
`(2) knowingly transfers any passport knowing it to be forged, counterfeited, altered, falsely made, stolen, or to have been produced or issued without lawful authority,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not more than 15 years, or both.CommentsClose CommentsPermalink
`(b) Unlawful Production- Any person who knowingly and without lawful authority--CommentsClose CommentsPermalink
`(1) produces, issues, authorizes, or verifies a passport in violation of the laws, regulations, or rules governing the issuance of the passport;CommentsClose CommentsPermalink
`(2) produces, issues, authorizes, or verifies a United States passport for or to any person, knowing or in reckless disregard of the fact that such person is not entitled to receive a passport; orCommentsClose CommentsPermalink
`(3) transfers or furnishes a passport to any person for use by any person other than the person for whom the passport was issued or designed,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not more than 15 years, or both.CommentsClose CommentsPermalink
`SEC. 1544. MISUSE OF A PASSPORT.
`Any person who knowingly--CommentsClose CommentsPermalink
`(1) uses any passport issued or designed for the use of another;CommentsClose CommentsPermalink
`(2) uses any passport in violation of the conditions or restrictions therein contained, or in violation of the laws, regulations, or rules governing the issuance and use of the passport;CommentsClose CommentsPermalink
`(3) secures, possesses, uses, receives, buys, sells, or distributes any passport knowing it to be forged, counterfeited, altered, falsely made, procured by fraud, or produced or issued without lawful authority; orCommentsClose CommentsPermalink
`(4) violates the terms and conditions of any safe conduct duly obtained and issued under the authority of the United States,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not more than 15 years, or both.CommentsClose CommentsPermalink
`SEC. 1545. SCHEMES TO DEFRAUD ALIENS.
`(a) In General- Any person who knowingly executes a scheme or artifice, in connection with any matter that is authorized by or arises under Federal immigration laws or any matter the offender claims or represents is authorized by or arises under Federal immigration laws, to--CommentsClose CommentsPermalink
`(1) defraud any person, orCommentsClose CommentsPermalink
`(2) obtain or receive money or anything else of value from any person, by means of false or fraudulent pretenses, representations, or promises,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not more than 15 years, or both.CommentsClose CommentsPermalink
`(b) Misrepresentation- Any person who knowingly and falsely represents that such person is an attorney or accredited representative (as that term is defined in section 1292.1 of title 8, Code of Federal Regulations (or any successor regulation to such section)) in any matter arising under Federal immigration laws shall be fined under this title, imprisoned for not more than 15 years, or both.CommentsClose CommentsPermalink
`SEC. 1546. IMMIGRATION AND VISA FRAUD.
`(a) In General- Any person who knowingly--CommentsClose CommentsPermalink
`(1) uses any immigration document issued or designed for the use of another;CommentsClose CommentsPermalink
`(2) forges, counterfeits, alters, or falsely makes any immigration document;CommentsClose CommentsPermalink
`(3) completes, mails, prepares, presents, signs, or submits any immigration document knowing it to contain any materially false statement or representation;CommentsClose CommentsPermalink
`(4) secures, possesses, uses, transfers, receives, buys, sells, or distributes any immigration document knowing it to be forged, counterfeited, altered, falsely made, stolen, procured by fraud, or produced or issued without lawful authority;CommentsClose CommentsPermalink
`(5) adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws; orCommentsClose CommentsPermalink
`(6) transfers or furnishes, without lawful authority, an immigration document to another person for use by a person other than the person for whom the immigration document was issued or designed,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not more than 15 years, or both.CommentsClose CommentsPermalink
`(b) Multiple Immigration Documents- Any person who, during any 3-year period, knowingly--CommentsClose CommentsPermalink
`(1) and without lawful authority produces, issues, or transfers 10 or more immigration documents;CommentsClose CommentsPermalink
`(2) forges, counterfeits, alters, or falsely makes 10 or more immigration documents;CommentsClose CommentsPermalink
`(3) secures, possesses, uses, buys, sells, or distributes 10 or more immigration documents, knowing the immigration documents to be forged, counterfeited, altered, stolen, falsely made, procured by fraud, or produced or issued without lawful authority; orCommentsClose CommentsPermalink
`(4) completes, mails, prepares, presents, signs, or submits 10 or more immigration documents knowing the documents to contain any materially false statement or representation,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not more than 20 years, or both.CommentsClose CommentsPermalink
`(c) Immigration Document Materials- Any person who knowingly and without lawful authority produces, buys, sells, or possesses any official material (or counterfeit of any official material) used to make an immigration document, including any distinctive paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall be fined under this title, imprisoned for not more than 20 years, or both.CommentsClose CommentsPermalink
`(d) Employment Documents- Any person who, for the purpose of satisfying a requirement of section 274A(b) of the Immigration and Nationality Act (
`(1) an identification document, knowing or having reason to know that the document was not issued lawfully for the use of the possessor;CommentsClose CommentsPermalink
`(2) an identification document knowing or having reason to know that the document is false; orCommentsClose CommentsPermalink
`(3) a false attestation,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not more than 5 years, or both.CommentsClose CommentsPermalink
`SEC. 1547. MARRIAGE FRAUD.
`(a) Evasion or Misrepresentation- Any person who--CommentsClose CommentsPermalink
`(1) knowingly enters into a marriage for the purpose of evading any provision of the immigration laws; orCommentsClose CommentsPermalink
`(2) knowingly misrepresents the existence or circumstances of a marriage--CommentsClose CommentsPermalink
`(A) in an application or document authorized by the immigration laws; orCommentsClose CommentsPermalink
`(B) during any immigration proceeding conducted by an administrative adjudicator (including an immigration officer or examiner, a consular officer, an immigration judge, or a member of the Board of Immigration Appeals),CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not more than 10 years, or both.CommentsClose CommentsPermalink
`(b) Multiple Marriages- Any person who--CommentsClose CommentsPermalink
`(1) knowingly enters into 2 or more marriages for the purpose of evading any immigration law; orCommentsClose CommentsPermalink
`(2) knowingly arranges, supports, or facilitates 2 or more marriages designed or intended to evade any immigration law,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not less than 2 years and not more than 20 years, or both.CommentsClose CommentsPermalink
`(c) Commercial Enterprise- Any person who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be fined under this title, imprisoned for not less than 2 years and not more than 10 years, or both.CommentsClose CommentsPermalink
`(d) Duration of Offense-CommentsClose CommentsPermalink
`(1) IN GENERAL- An offense under subsection (a) or (b) continues until the fraudulent nature of the marriage or marriages is discovered by an immigration officer.CommentsClose CommentsPermalink
`(2) COMMERCIAL ENTERPRISE- An offense under subsection (c) continues until the fraudulent nature of the commercial enterprise is discovered by an immigration officer or other law enforcement officer.CommentsClose CommentsPermalink
`SEC. 1548. ATTEMPTS AND CONSPIRACIES.
`Any person who attempts or conspires to violate any section of this chapter shall be punished in the same manner as a person who completed a violation of that section.CommentsClose CommentsPermalink
`SEC. 1549. ALTERNATIVE PENALTIES FOR CERTAIN OFFENSES.
`(a) Terrorism- Any person who violates any section in this chapter--CommentsClose CommentsPermalink
`(1) knowing that such violation will facilitate an act of international terrorism or domestic terrorism (as those terms are defined in section 2331), orCommentsClose CommentsPermalink
`(2) with the intent to facilitate an act of international terrorism or domestic terrorism,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not less than 7 years and not more than 25 years, or both.CommentsClose CommentsPermalink
`(b) Offense Against Government- Any person who violates any section in this chapter:CommentsClose CommentsPermalink
`(1) knowing that such violation will facilitate the commission of any offense against the United States (other than an offense in this chapter) or against any State, which offense is punishable by imprisonment for more than 1 year; orCommentsClose CommentsPermalink
`(2) with the intent to facilitate the commission of any offense against the United States (other than an offense in this chapter) or against any State, which offense is punishable by imprisonment for more than 1 year,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned for not less than 3 years and not more than 20 years, or both.CommentsClose CommentsPermalink
`SEC. 1550. SEIZURE AND FORFEITURE.
`(a) Forfeiture- Any property, real or personal, used to commit or facilitate the commission of a violation of any section of this chapter, the gross proceeds of such violation, and any property traceable to such property or proceeds, shall be subject to forfeiture.CommentsClose CommentsPermalink
`(b) Applicable Law- Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Secretary of State, or the Attorney General.CommentsClose CommentsPermalink
`SEC. 1551. ADDITIONAL JURISDICTION.
`(a) In General- Any person who commits an offense under this chapter within the special maritime and territorial jurisdiction of the United States shall be punished as provided under this chapter.CommentsClose CommentsPermalink
`(b) Extraterritorial Jurisdiction- Any person who commits an offense under this chapter outside the United States shall be punished as provided under this chapter if--CommentsClose CommentsPermalink
`(1) the offense involves a United States passport or immigration document (or any document purporting to be such a document) or any matter, right, or benefit arising under or authorized by Federal immigration laws;CommentsClose CommentsPermalink
`(2) the offense is in or affects foreign commerce;CommentsClose CommentsPermalink
`(3) the offense affects, jeopardizes, or poses a significant risk to the lawful administration of Federal immigration laws, or the national security of the United States;CommentsClose CommentsPermalink
`(4) the offense is committed to facilitate an act of international terrorism (as defined in section 2331) or a drug trafficking crime (as defined in section 929(a)(2)) that affects or would affect the national security of the United States;CommentsClose CommentsPermalink
`(5) the offender is a national of the United States or an alien lawfully admitted for permanent residence in the United States (as such terms are defined in section 101(a) of the Immigration and Nationality Act (
`(6) the offender is a stateless person whose habitual residence is in the United States.CommentsClose CommentsPermalink
`SEC. 1552. DEFINITIONS.
`As used in this chapter--CommentsClose CommentsPermalink
`(1) the term `application for a United States passport' includes any document, photograph, or other piece of evidence attached to or submitted in support of the application;CommentsClose CommentsPermalink
`(2) the term `false statement or representation' includes a personation or an omission;CommentsClose CommentsPermalink
`(3) the term `falsely make' means to prepare or complete an immigration document with knowledge or in reckless disregard of the fact that the document--CommentsClose CommentsPermalink
`(A) contains a statement or representation that is false, fictitious, or fraudulent;CommentsClose CommentsPermalink
`(B) has no basis in fact or law; orCommentsClose CommentsPermalink
`(C) otherwise fails to state a fact which is material to the purpose for which the document was created, designed, or submitted;CommentsClose CommentsPermalink
`(4) the term `immigration document'--CommentsClose CommentsPermalink
`(A) means any application, petition, affidavit, declaration, attestation, form, visa, identification card, alien registration document, employment authorization document, border crossing card, certificate, permit, order, license, stamp, authorization, grant of authority, or other official document, arising under or authorized by the immigration laws of the United States; andCommentsClose CommentsPermalink
`(B) includes any document, photograph, or other piece of evidence attached to or submitted in support of an immigration document;CommentsClose CommentsPermalink
`(5) the term `immigration laws' includes--CommentsClose CommentsPermalink
`(A) the laws described in section 101(a)(17) of the Immigration and Nationality Act (
`(B) the laws relating to the issuance and use of passports; andCommentsClose CommentsPermalink
`(C) the regulations prescribed under the authority of any law described in paragraphs (A) and (B);CommentsClose CommentsPermalink
`(6) the term `immigration proceeding' includes an adjudication, interview, hearing, or review;CommentsClose CommentsPermalink
`(7) a person does not exercise `lawful authority' if the person abuses or improperly exercises lawful authority the person otherwise holds;CommentsClose CommentsPermalink
`(8) the term `passport' means--CommentsClose CommentsPermalink
`(A) a travel document attesting to the identity and nationality of the bearer that is issued under the authority of the Secretary of State, a foreign government, or an international organization; orCommentsClose CommentsPermalink
`(B) any instrument purporting to be a document described in subparagraph (A);CommentsClose CommentsPermalink
`(9) the term `present' means to offer or submit for official processing, examination, or adjudication. Any such presentation continues until the official processing, examination, or adjudication is complete;CommentsClose CommentsPermalink
`(10) the term `proceeds' includes any property or interest in property obtained or retained as a consequence of an act or omission in violation of this section;CommentsClose CommentsPermalink
`(11) the term `produce' means to make, prepare, assemble, issue, print, authenticate, or alter;CommentsClose CommentsPermalink
`(12) the term `State' means a State of the United States, the District of Columbia, or any commonwealth, territory, or possession of the United States;CommentsClose CommentsPermalink
`(13) the use of a passport or an immigration document referred to in sections 1541(a), 1543(b), 1544, 1546(a), and 1546(b) includes--CommentsClose CommentsPermalink
`(A) any officially authorized use;CommentsClose CommentsPermalink
`(B) use to travel;CommentsClose CommentsPermalink
`(C) use to demonstrate identity, residence, nationality, citizenship, or immigration status;CommentsClose CommentsPermalink
`(D) use to seek or maintain employment; orCommentsClose CommentsPermalink
`(E) use in any matter within the jurisdiction of the Federal government or of a State government.CommentsClose CommentsPermalink
`SEC. 1553. AUTHORIZED LAW ENFORCEMENT ACTIVITIES.
`(a) Savings Provision- Nothing in this chapter may be construed to prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or an intelligence agency of the United States, or any activity authorized under title V of the Organized Crime Control Act of 1970 (
`(b) Protection for Legitimate Refugees and Asylum Seekers-CommentsClose CommentsPermalink
`(1) PROSECUTION GUIDELINES- The Attorney General, in consultation with the Secretary of Homeland Security, shall develop binding prosecution guidelines for federal prosecutors to ensure that any prosecution of an alien seeking entry into the United States by fraud is consistent with the obligations of the United States under Article 31(1) of the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)).CommentsClose CommentsPermalink
`(2) NO PRIVATE RIGHT OF ACTION- The guidelines required under paragraph (1), and any internal office procedures adopted pursuant to such guidelines, are intended solely for the guidance of attorneys for the United States. This section, the guidelines required under paragraph (1), and the process for determining such guidelines are not intended to, do not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.'.CommentsClose CommentsPermalink
SEC. 211. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD OFFENSES.
(a) Inadmissibility- Section 212(a)(2)(A)(i) (
`(IV) a violation of any section of chapter 75 of title 18, United States Code,'.CommentsClose CommentsPermalink
(b) Removal- Section 237(a)(3)(B)(iii) of the Immigration and Nationality Act (
`(iii) of a violation of any section of chapter 75 of title 18, United States Code,'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall apply to proceedings, applications and adjudications pending on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 212. INCARCERATION OF CRIMINAL ALIENS.
(a) Institutional Removal Program-CommentsClose CommentsPermalink
(1) TECHNOLOGICAL IMPROVEMENT AND EXPANSION- The Secretary shall improve the Institutional Removal Program (referred to in this section as the `Program') to--CommentsClose CommentsPermalink
(A) identify the total criminal alien population in Federal, State, and local correctional facilities by making use of analytical information technology tools that systematically use updated nationwide jail-booking databases;CommentsClose CommentsPermalink
(B) ensure that such aliens are not released into the community; andCommentsClose CommentsPermalink
(C) remove such aliens from the United States after the completion of their sentences.CommentsClose CommentsPermalink
(2) EXPANSION- The Secretary may extend the scope of the Program to all States.CommentsClose CommentsPermalink
(b) Technology Usage- Technology, such as videoconferencing, shall be used to the maximum extent practicable to make the Program available in remote locations. Mobile access to Federal databases of aliens, such as IDENT, and live scan technology shall be used to the maximum extent practicable to make these resources available to State and local law enforcement agencies in remote locations.CommentsClose CommentsPermalink
(c) Report to Congress- Not later than 6 months after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to Congress on the participation of States in the Program and in any other program authorized under subsection (a).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary in each of the fiscal years 2008 through 2012 to carry out the Program.CommentsClose CommentsPermalink
(e) Criminal Alien Program Pilot Project-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall reserve $300,000 of the funds appropriated to United States Immigration and Customs Enforcement for the Criminal Alien Program to implement a pilot project to evaluate technology that can--CommentsClose CommentsPermalink
(A) effectively analyze information on jail and prison populations; andCommentsClose CommentsPermalink
(B) automatically identify incarcerated illegal aliens in a timely manner before their release from detention.CommentsClose CommentsPermalink
(2) MINIMUM REQUIREMENTS- The pilot project implemented under subsection (a) shall involve not fewer than 2 States and shall provide for the daily collection of data from not fewer than 15 jails or prisons.CommentsClose CommentsPermalink
(3) REPORT- Not later than July 1, 2008, the Secretary shall submit a report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives that describes--CommentsClose CommentsPermalink
(A) the status of the pilot project implemented under subsection (a);CommentsClose CommentsPermalink
(B) the impact of the pilot project on illegal alien management; andCommentsClose CommentsPermalink
(C) the Secretary's plans to integrate the technology evaluated under the pilot project into future enforcement budgets and operating procedures.CommentsClose CommentsPermalink
SEC. 213. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
(a) In General- Section 240B (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(1) INSTEAD OF REMOVAL PROCEEDINGS- If an alien is not described in paragraph (2)(A)(iii) or (4) of section 237(a), the Secretary of Homeland Security may permit the alien to voluntarily depart the United States at the alien's own expense under this subsection instead of being subject to proceedings under section 240.';CommentsClose CommentsPermalink
(B) by striking paragraph (3);CommentsClose CommentsPermalink
(C) by redesignating paragraph (2) as paragraph (3);CommentsClose CommentsPermalink
(D) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) BEFORE THE CONCLUSION OF REMOVAL PROCEEDINGS- If an alien is not described in paragraph (2)(A)(iii) or (4) of section 237(a), the Attorney General may permit the alien to voluntarily depart the United States at the alien's own expense under this subsection after the initiation of removal proceedings under section 240 and before the conclusion of such proceedings before an immigration judge.';CommentsClose CommentsPermalink
(E) in paragraph (3), as redesignated--CommentsClose CommentsPermalink
(i) by amending subparagraph (A) to read as follows:CommentsClose CommentsPermalink
`(A) INSTEAD OF REMOVAL- Subject to subparagraph (C), permission to voluntarily depart under paragraph (1) shall not be valid for any period in excess of 120 days. The Secretary may require an alien permitted to voluntarily depart under paragraph (1) to post a voluntary departure bond, to be surrendered upon proof that the alien has departed the United States within the time specified.';CommentsClose CommentsPermalink
(ii) by redesignating subparagraphs (B), (C), and (D) as paragraphs (C), (D), and (E), respectively;CommentsClose CommentsPermalink
(iii) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
`(B) BEFORE THE CONCLUSION OF REMOVAL PROCEEDINGS- Permission to voluntarily depart under paragraph (2) shall not be valid for any period longer than 60 days, and may be granted only after a finding that the alien has the means to depart the United States and intends to depart the United States. An alien permitted to voluntarily depart under paragraph (2) shall post a voluntary departure bond, in an amount necessary to ensure that the alien will depart, which shall be surrendered upon proof that the alien has departed the United States within the time specified. An immigration judge may waive the requirement to post a voluntary departure bond in individual cases upon a finding that the alien has presented compelling evidence that the posting of a bond will pose a serious financial hardship and the alien has presented credible evidence that such a bond is unnecessary to guarantee timely departure.';CommentsClose CommentsPermalink
(iv) in subparagraph (C), as redesignated, by striking `subparagraphs (C) and(D)(ii)' and inserting `subparagraphs (D) and (E)(ii)';CommentsClose CommentsPermalink
(v) in subparagraph (D), as redesignated, by striking `subparagraph (B)' each place that term appears and inserting `subparagraph (C)'; andCommentsClose CommentsPermalink
(vi) in subparagraph (E), as redesignated, by striking `subparagraph (B)' each place that term appears and inserting `subparagraph (C)'; andCommentsClose CommentsPermalink
(F) in paragraph (4), by striking `paragraph (1)' and inserting `paragraphs (1) and (2)';CommentsClose CommentsPermalink
(2) in subsection (b)(2), by striking `a period exceeding 60 days' and inserting `any period longer than 45 days';CommentsClose CommentsPermalink
(3) by striking subsection (c) through (e) and inserting the following:CommentsClose CommentsPermalink
`(c) Conditions on Voluntary Departure-CommentsClose CommentsPermalink
`(1) VOLUNTARY DEPARTURE AGREEMENT- Voluntary departure may only be granted as part of an affirmative agreement by the alien. A voluntary departure agreement under subsection (b) shall include a waiver of the right to any further motion, appeal, application, petition, or petition for review relating to removal or relief or protection from removal.CommentsClose CommentsPermalink
`(2) CONCESSIONS BY THE SECRETARY- In connection with the alien's agreement to depart voluntarily under paragraph (1), the Secretary of Homeland Security may agree to a reduction in the period of inadmissibility under subparagraph (A) or (B)(i) of section 212(a)(9).CommentsClose CommentsPermalink
`(3) ADVISALS- Agreements relating to voluntary departure granted during removal proceedings under section 240, or at the conclusion of such proceedings, shall be presented on the record before the immigration judge. The immigration judge shall advise the alien of the consequences of a voluntary departure agreement before accepting such agreement.CommentsClose CommentsPermalink
`(4) FAILURE TO COMPLY WITH AGREEMENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- If an alien agrees to voluntary departure under this section and fails to depart the United States within the time allowed for voluntary departure or fails to comply with any other terms of the agreement (including failure to timely post any required bond), the alien is--CommentsClose CommentsPermalink
`(i) ineligible for the benefits of the agreement;CommentsClose CommentsPermalink
`(ii) subject to the penalties described in subsection (d); andCommentsClose CommentsPermalink
`(iii) subject to an alternate order of removal if voluntary departure was granted under subsection (a)(2) or (b).CommentsClose CommentsPermalink
`(B) EFFECT OF FILING TIMELY APPEAL- If, after agreeing to voluntary departure, the alien files a timely appeal of the immigration judge`s decision granting voluntary departure, the alien may pursue the appeal instead of the voluntary departure agreement. Such appeal operates to void the alien's voluntary departure agreement and the consequences of such agreement, but precludes the alien from another grant of voluntary departure while the alien remains in the United States.CommentsClose CommentsPermalink
`(5) VOLUNTARY DEPARTURE PERIOD NOT AFFECTED- Except as expressly agreed to by the Secretary in writing in the exercise of the Secretary`s discretion before the expiration of the period allowed for voluntary departure, no motion, appeal, application, petition, or petition for review shall affect, reinstate, enjoin, delay, stay, or toll the alien's obligation to depart from the United States during the period agreed to by the alien and the Secretary.CommentsClose CommentsPermalink
`(d) Penalties for Failure To Depart- If an alien is permitted to voluntarily depart under this section and fails to voluntarily depart from the United States within the time period specified or otherwise violates the terms of a voluntary departure agreement, the alien will be subject to the following penalties:CommentsClose CommentsPermalink
`(1) CIVIL PENALTY- The alien shall be liable for a civil penalty of $3,000. The order allowing voluntary departure shall specify the amount of the penalty, which shall be acknowledged by the alien on the record. If the Secretary thereafter establishes that the alien failed to depart voluntarily within the time allowed, no further procedure will be necessary to establish the amount of the penalty, and the Secretary may collect the civil penalty at any time thereafter and by whatever means provided by law. An alien will be ineligible for any benefits under this chapter until this civil penalty is paid.CommentsClose CommentsPermalink
`(2) INELIGIBILITY FOR RELIEF- The alien shall be ineligible during the time the alien remains in the United States and for a period of 10 years after the alien's departure for any further relief under this section and sections 240A, 245, 248, and 249. The order permitting the alien to depart voluntarily shall inform the alien of the penalties under this subsection.CommentsClose CommentsPermalink
`(3) REOPENING- The alien shall be ineligible to reopen the final order of removal that took effect upon the alien's failure to depart, or upon the alien's other violations of the conditions for voluntary departure, during the period described in paragraph (2). This paragraph does not preclude a motion to reopen to seek withholding of removal under section 241(b)(3) or protection against torture, if the motion--CommentsClose CommentsPermalink
`(A) presents material evidence of changed country conditions arising after the date of the order granting voluntary departure in the country to which the alien would be removed; andCommentsClose CommentsPermalink
`(B) makes a sufficient showing to the satisfaction of the Attorney General that the alien is otherwise eligible for such protection.CommentsClose CommentsPermalink
`(e) Eligibility-CommentsClose CommentsPermalink
`(1) PRIOR GRANT OF VOLUNTARY DEPARTURE- An alien shall not be permitted to voluntarily depart under this section if the Secretary of Homeland Security or the Attorney General previously permitted the alien to depart voluntarily.CommentsClose CommentsPermalink
`(2) RULEMAKING- The Secretary may promulgate regulations to limit eligibility or impose additional conditions for voluntary departure under subsection (a)(1) for any class of aliens. The Secretary or Attorney General may by regulation limit eligibility or impose additional conditions for voluntary departure under subsections (a)(2) or (b) of this section for any class or classes of aliens.'; andCommentsClose CommentsPermalink
(4) in subsection (f), by adding at the end the following: `Notwithstanding section 242(a)(2)(D), sections 1361, 1651, and 2241 of title 28, United States Code, any other habeas corpus provision, and any other provision of law (statutory or nonstatutory), no court shall have jurisdiction to affect, reinstate, enjoin, delay, stay, or toll the period allowed for voluntary departure under this section.'.CommentsClose CommentsPermalink
(b) Rulemaking- The Secretary shall promulgate regulations to provide for the imposition and collection of penalties for failure to depart under section 240B(d) of the Immigration and Nationality Act (
(c) Effective Dates-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by this section shall apply with respect to all orders granting voluntary departure under section 240B of the Immigration and Nationality Act (
(2) EXCEPTION- The amendment made by subsection (a)(4) shall take effect on the date of the enactment of this Act and shall apply with respect to any petition for review which is filed on or after such date.CommentsClose CommentsPermalink
SEC. 214. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED STATES UNLAWFULLY.
(a) Inadmissible Aliens- Section 212(a)(9)(A) (
(1) in clause (i), by striking `seeks admission within 5 years of the date of such removal (or within 20 years' and inserting `seeks admission not later than 5 years after the date of the alien's removal (or not later than 20 years after the alien's removal'; andCommentsClose CommentsPermalink
(2) in clause (ii), by striking `seeks admission within 10 years of the date of such alien's departure or removal (or within 20 years of' and inserting `seeks admission not later than 10 years after the date of the alien's departure or removal (or not later than 20 years after'.CommentsClose CommentsPermalink
(b) Bar on Discretionary Relief- Section 274D (
(1) in subsection (a), by striking `Commissioner' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(c) Ineligibility for Relief-CommentsClose CommentsPermalink
`(1) IN GENERAL- Absent the granting of a timely motion to reconsider under section 240(c)(6) or a timely motion to reopen under section 240(c)(7), an alien described in subsection (a) shall be ineligible for any discretionary relief from removal (including cancellation of removal and adjustment of status) during the time the alien remains in the United States and for a period of 10 years after the alien's departure from the United States.CommentsClose CommentsPermalink
`(2) SAVINGS PROVISION- Nothing in paragraph (1) may be construed to preclude a motion to reopen to seek withholding of removal under section 241(b)(3) or protection against torture, if the motion--CommentsClose CommentsPermalink
`(A) presents material evidence of changed country conditions arising after the date of the final order of removal in the country to which the alien would be removed; andCommentsClose CommentsPermalink
`(B) makes a sufficient showing to the satisfaction of the Attorney General that the alien is otherwise eligible for such protection.'.CommentsClose CommentsPermalink
(c) Effective Dates- The amendments made by this section shall take effect on the date of the enactment of this Act with respect to aliens who are subject to a final order of removal entered on or after such date.CommentsClose CommentsPermalink
SEC. 215. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF FIREARMS BY CERTAIN ALIENS.
(1) in subsection (d)(5)(B), by striking `(y)(2)' and all that follows and inserting `(y), is in the United States not as an alien lawfully admitted for permanent residence';CommentsClose CommentsPermalink
(2) in subsection (g)(5)(B), by striking `(y)(2)' and all that follows and inserting `(y), is in the United States not as an alien lawfully admitted for permanent residence'; andCommentsClose CommentsPermalink
(3) in subsection (y)--CommentsClose CommentsPermalink
(A) in the subsection heading, by striking `Admitted Under Nonimmigrant Visas' and inserting `Not Lawfully Admitted for Permanent Residence';CommentsClose CommentsPermalink
(B) in paragraph (1), by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) the term `lawfully admitted for permanent residence' has the meaning given such term in section 101(a)(20) of the Immigration and Nationality Act (
(C) in paragraph (2), by striking `under a nonimmigrant visa' and inserting `and has not been lawfully admitted for permanent residence'; andCommentsClose CommentsPermalink
(D) in paragraph (3)(A), by striking `admitted to the United States under a nonimmigrant visa' and inserting `lawfully admitted to the United States and has not been lawfully admitted for permanent residence'.CommentsClose CommentsPermalink
SEC. 216. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, PASSPORT, AND NATURALIZATION OFFENSES.
(a) In General-
`SEC. 3291. IMMIGRATION, PASSPORT, AND NATURALIZATION OFFENSES.
`No person shall be prosecuted, tried, or punished for a violation of any section of chapters 69 (relating to nationality and citizenship offenses), 75 (relating to passport, visa, and immigration offenses), or for a violation of any criminal provision under section 243, 266, 274, 275, 276, 277, or 278 of the Immigration and Nationality Act (
(b) Clerical Amendment- The table of sections for chapter 213 of title 18, United States Code, is amended by striking the item relating to section 3291 and inserting the following:CommentsClose CommentsPermalink
`3291. Immigration, passport, and naturalization offenses.'.CommentsClose CommentsPermalink
SEC. 217. DIPLOMATIC SECURITY SERVICE.
(a) In General- Section 37(a)(1) of the State Department Basic Authorities Act of 1956 (
`(1) conduct investigations concerning--CommentsClose CommentsPermalink
`(A) illegal passport or visa issuance or use;CommentsClose CommentsPermalink
`(B) identity theft or document fraud affecting or relating to the programs, functions, and authorities of the Department of State;CommentsClose CommentsPermalink
`(C) violations of chapter 77 of title 18, United States Code; andCommentsClose CommentsPermalink
`(D) Federal offenses committed within the special maritime and territorial jurisdiction defined in
(b) Construction- Nothing in the amendment may be subsection (a) may be construed to limit the investigative authority of any Federal department or agency other than the Department of State.CommentsClose CommentsPermalink
SEC. 218. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) Information Sharing; Interagency Task Force- Section 105 (
`(e) Interagency Task Force-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.CommentsClose CommentsPermalink
`(2) MEMBERSHIP- The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.CommentsClose CommentsPermalink
(c) Report on Background and Security Checks-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.CommentsClose CommentsPermalink
(2) CONTENT- The report required under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) a description of the background and security check program;CommentsClose CommentsPermalink
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;CommentsClose CommentsPermalink
(C) a statistical breakdown of the background and security check delays by applicant country of origin; andCommentsClose CommentsPermalink
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.CommentsClose CommentsPermalink
SEC. 219. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Reimbursement for Costs Associated With Processing Criminal Illegal Aliens- The Secretary may reimburse States and units of local government for costs associated with processing undocumented criminal aliens through the criminal justice system, including--CommentsClose CommentsPermalink
(1) indigent defense;CommentsClose CommentsPermalink
(2) criminal prosecution;CommentsClose CommentsPermalink
(3) autopsies;CommentsClose CommentsPermalink
(4) translators and interpreters; andCommentsClose CommentsPermalink
(5) courts costs.CommentsClose CommentsPermalink
(b) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) PROCESSING CRIMINAL ILLEGAL ALIENS- There are authorized to be appropriated $400,000,000 for each of the fiscal years 2008 through 2013 to carry out subsection (a).CommentsClose CommentsPermalink
(2) COMPENSATION UPON REQUEST- Section 241(i)(5) (
`(5) There are authorized to be appropriated to carry this subsection--CommentsClose CommentsPermalink
`(A) such sums as may be necessary for fiscal year 2008;CommentsClose CommentsPermalink
`(B) $750,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
`(C) $850,000,000 for fiscal year 2010; andCommentsClose CommentsPermalink
`(D) $950,000,000 for each of the fiscal years 2011 through 2013.'.CommentsClose CommentsPermalink
(c) Technical Amendment- Section 501 of the Immigration Reform and Control Act of 1986 (
SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS.
(a) Grants Authorized- The Secretary may award grants to Indian tribes with lands adjacent to an international border of the United States that have been adversely affected by illegal immigration.CommentsClose CommentsPermalink
(b) Use of Grant Funds- Grants awarded under subsection (a) may be used for--CommentsClose CommentsPermalink
(1) law enforcement activities;CommentsClose CommentsPermalink
(2) health care services;CommentsClose CommentsPermalink
(3) environmental restoration; andCommentsClose CommentsPermalink
(4) the preservation of cultural resources.CommentsClose CommentsPermalink
(c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives that--CommentsClose CommentsPermalink
(1) describes the level of access of Border Patrol agents on tribal lands;CommentsClose CommentsPermalink
(2) describes the extent to which enforcement of immigration laws may be improved by enhanced access to tribal lands;CommentsClose CommentsPermalink
(3) contains a strategy for improving such access through cooperation with tribal authorities; andCommentsClose CommentsPermalink
(4) identifies grants provided by the Department for Indian tribes, either directly or through State or local grants, relating to border security expenses.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink
SEC. 221. ALTERNATIVES TO DETENTION.
The Secretary shall conduct a study of--CommentsClose CommentsPermalink
(1) the effectiveness of alternatives to detention, including electronic monitoring devices and intensive supervision programs, in ensuring alien appearance at court and compliance with removal orders;CommentsClose CommentsPermalink
(2) the effectiveness of the Intensive Supervision Appearance Program and the costs and benefits of expanding that program to all States; andCommentsClose CommentsPermalink
(3) other alternatives to detention, including--CommentsClose CommentsPermalink
(A) release on an order of recognizance;CommentsClose CommentsPermalink
(B) appearance bonds; andCommentsClose CommentsPermalink
(C) electronic monitoring devices.CommentsClose CommentsPermalink
SEC. 222. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General- Section 287(g) (
(1) in paragraph (2), by adding at the end the following: `If such training is entered into by the officers of a State or political subdivision of a State as a result of entering into an agreement under this subsection, the costs incurred by the State or political subdivision as a result of such training, including applicable overtime costs, shall be reimbursed by the Secretary of Homeland Security.'; andCommentsClose CommentsPermalink
(2) in paragraph (4), by adding at the end the following: `The cost of any equipment required to be purchased under such written agreement and necessary to perform a function under this subsection shall be reimbursed by the Secretary of Homeland Security.'.CommentsClose CommentsPermalink
(b) Training Flexibility-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall make training of State and local law enforcement officers available through as many means as possible, including--CommentsClose CommentsPermalink
(A) residential training at the Center for Domestic Preparedness;CommentsClose CommentsPermalink
(B) onsite training held at State or local police agencies or facilities;CommentsClose CommentsPermalink
(C) on-line training courses by computer, teleconferencing, and videotape; orCommentsClose CommentsPermalink
(D) DVD of a training course or courses.CommentsClose CommentsPermalink
(2) ON-LINE TRAINING- The head of the Distributed Learning Program of the Federal Law Enforcement Training Center shall make training available for State and local law enforcement personnel through the Internet through a secure, encrypted distributed learning system that has all its servers based in the United States, is sealable, survivable, and is capable of having a portal in place within 30 days.CommentsClose CommentsPermalink
(3) FEDERAL PERSONNEL TRAINING- The training of State and local law enforcement personnel under this section shall not displace the training of Federal personnel.CommentsClose CommentsPermalink
(c) Savings Provision- Nothing in this Act or any other provision of law may be construed as making any immigration-related training a requirement for, or prerequisite to, any State or local law enforcement officer exercising the inherent authority of the officer to investigate, identify, apprehend, arrest, detain, or transfer to Federal custody illegal aliens during the normal course of carrying out the law enforcement duties of the officer.CommentsClose CommentsPermalink
(d) Training Limitation- Section 287(g) (
(1) by striking `Attorney General' each place that term appears and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by adding at the end the following: `Such training shall not exceed 14 days or 80 hours, whichever is longer.'.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out this section and the amendments made by this section.CommentsClose CommentsPermalink
SEC. 223. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.
(a) Immigrants- Section 204(a)(1) (
(1) in subparagraph (A), by amending clause (viii) to read as follows:CommentsClose CommentsPermalink
`(viii) Clause (i) shall not apply to a citizen of the United States who has been convicted of an offense described in subparagraph (A), (I), or (K) of section 101(a)(43), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the citizen poses no risk to the alien with respect to whom a petition described in clause (i) is filed.'; andCommentsClose CommentsPermalink
(2) in subparagraph (B)(i), by amending subclause (II) to read as follows:CommentsClose CommentsPermalink
`(II) Subclause (I) shall not apply to an alien admitted for permanent residence who has been convicted of an offense described in subparagraph (A), (I), or (K) of section 101(a)(43), unless the Secretary of Homeland Security, in the Secretary's sole and unreviewable discretion, determines that the alien lawfully admitted for permanent residence poses no risk to the alien with respect to whom a petition described in subclause (I) is filed.'.CommentsClose CommentsPermalink
(b) Nonimmigrants- Section 101(a)(15)(K) (
SEC. 224. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.
(a) In General- Title II (
`SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.
`(a) Authority- The authority under section 287(g) of the Immigration and Nationality Act does not limit or replace the existing authority of a State or a political subdivision of a State to investigate, apprehend, arrest, detain, or transfer to Federal custody (including the transportation across State lines to detention centers) an unlawfully present or removable alien for the purpose of assisting in the enforcement of the immigration laws of the United States, including laws related to visa overstay, in the normal course of carrying out the law enforcement duties of such personnel.CommentsClose CommentsPermalink
`(b) 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--CommentsClose CommentsPermalink
`(1) shall--CommentsClose CommentsPermalink
`(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 (
`(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--CommentsClose CommentsPermalink
`(i) take the illegal alien into the custody of the Federal Government not later than 72 hours after--CommentsClose CommentsPermalink
`(I) the conclusion of the State charging process or dismissal process; orCommentsClose CommentsPermalink
`(II) the illegal alien is apprehended, if no State charging or dismissal process is required; orCommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(c) Reimbursement-CommentsClose CommentsPermalink
`(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 this section.CommentsClose CommentsPermalink
`(2) COST COMPUTATION- Compensation provided for costs incurred under this section shall be the sum of--CommentsClose CommentsPermalink
`(A) the product of--CommentsClose CommentsPermalink
`(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); andCommentsClose CommentsPermalink
`(ii) the number of days that the alien was in the custody of the State or political subdivision;CommentsClose CommentsPermalink
`(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; andCommentsClose CommentsPermalink
`(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 this section and the time of transfer into Federal custody.CommentsClose CommentsPermalink
`(d) Requirement for Appropriate Security- The Secretary of Homeland Security shall ensure that--CommentsClose CommentsPermalink
`(1) aliens incarcerated in a Federal facility pursuant to this section are held in facilities which provide an appropriate level of security; andCommentsClose CommentsPermalink
`(2) if practicable, aliens detained solely for civil violations of Federal immigration law are separated within a facility or facilities.CommentsClose CommentsPermalink
`(e) 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 this section, into Federal custody.CommentsClose CommentsPermalink
`(f) Authority for Contracts-CommentsClose CommentsPermalink
`(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.CommentsClose CommentsPermalink
`(2) DETERMINATION BY SECRETARY- Before 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 (
(b) Detention and Transportation to Federal Custody of Aliens Not Lawfully Present-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $850,000,000 for fiscal year 2008 and for each subsequent fiscal year for the detention and removal of aliens not lawfully present in the United States under the Immigration and Nationality Act.CommentsClose CommentsPermalink
(2) TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary may provide sufficient transportation and officers to take illegal aliens apprehended by State and local law enforcement officers into custody for processing at a detention facility operated by the Department.CommentsClose CommentsPermalink
(B) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this paragraph.CommentsClose CommentsPermalink
(c) Authorization for Detention and Transportation After Completion of State or Local Prison Sentence-CommentsClose CommentsPermalink
(1) IN GENERAL- Law enforcement officers of a State or political subdivision of a State may--CommentsClose CommentsPermalink
(A) hold an illegal alien for a period not to exceed 14 days after the completion of the alien's State prison sentence to effectuate the transfer of the alien to Federal custody if the alien is removable or not lawfully present in the United States;CommentsClose CommentsPermalink
(B) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until authorized employees of the Bureau of Immigration and Customs Enforcement can take the alien into custody; orCommentsClose CommentsPermalink
(C) transport the alien (including the transportation across State lines to detention centers) to a location where transfer to Federal custody can be effectuated.CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $500,000,000 per fiscal year to reimburse the expenses incurred by State, or political subdivisions of a State, in the detention or transportation of criminal aliens to Federal custody.CommentsClose CommentsPermalink
SEC. 225. LAUNDERING OF MONETARY INSTRUMENTS.
(1) by inserting `section 1590 (relating to trafficking with respect to peonage, slavery, involuntary servitude, or forced labor),' after `section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction),'; andCommentsClose CommentsPermalink
(2) by inserting `section 274(a) of the Immigration and Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and harboring certain aliens),' after `section 590 of the Tariff Act of 1930 (
SEC. 226. COOPERATIVE ENFORCEMENT PROGRAMS.
Not later than 2 years after the date of the enactment of this Act, the Secretary shall negotiate and execute, where practicable, a cooperative enforcement agreement described in section 287(g) of the Immigration and Nationality Act (
SEC. 227. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.
Not later than 60 days after the date of the enactment of this Act, the Attorney General shall issue a directive to expand the Justice Prisoner and Alien Transfer System (referred to in this section as the `System') to provide additional services with respect to aliens who are illegally present in the United States, including--CommentsClose CommentsPermalink
(1) increasing the daily operations of the System with buses and air hubs in 3 geographic regions;CommentsClose CommentsPermalink
(2) allocating a set number of seats for such aliens for each metropolitan area;CommentsClose CommentsPermalink
(3) allowing metropolitan areas to trade or give some of seats allocated to them under the System for such aliens to other areas in their region based on the transportation needs of each area; andCommentsClose CommentsPermalink
(4) requiring an annual report that analyzes of the number of seats that each metropolitan area is allocated under the System for such aliens and modifies such allocation if necessary.CommentsClose CommentsPermalink
SEC. 228. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General- Pursuant to the authority under
(b) Report- Not later than 1 year after the date of the enactment of this Act, the United States Sentencing Commission shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the implementation of this section.CommentsClose CommentsPermalink
SEC. 229. CANCELLATION OF VISAS.
Section 222(g) (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `Attorney General' and inserting `Secretary';CommentsClose CommentsPermalink
(B) by inserting `or otherwise violated any of the terms of the nonimmigrant classification in which the alien was admitted,' before `such visa'; andCommentsClose CommentsPermalink
(C) by inserting `and any other nonimmigrant visa issued by the United States that is in the possession of the alien' after `such visa'; andCommentsClose CommentsPermalink
(2) in paragraph (2)(A), by striking `(other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality' and inserting `(other than a visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality or foreign residence'.CommentsClose CommentsPermalink
SEC. 230. JUDICIAL REVIEW OF VISA REVOCATION.
(a) In General- Section 221(i) of the Immigration and Nationality Act (
(b) Effective Date- The amendment made by subsection (a) shall--CommentsClose CommentsPermalink
(1) take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink
(2) apply to all revocations made on or after such date.CommentsClose CommentsPermalink
SEC. 231. TERRORIST BAR TO GOOD MORAL CHARACTER.
(a) Definition of Good Moral Character- Section 101(f) (
(1) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) one who the Secretary of Homeland Security or the Attorney General determines, in the unreviewable discretion of the Secretary or the Attorney General, to have been an alien described in section 212(a)(3) or 237(a)(4), which determination--CommentsClose CommentsPermalink
`(A) may be based upon any relevant information or evidence, including classified, sensitive, or national security information; andCommentsClose CommentsPermalink
`(B) shall be binding upon any court regardless of the applicable standard of review;';CommentsClose CommentsPermalink
(2) in paragraph (8), by striking the period at the end and inserting the following: `, regardless whether the crime was classified as an aggravated felony at the time of conviction, provided that, the Secretary of Homeland Security or Attorney General may in the unreviewable discretion of the Secretary or the Attorney General, determine that this paragraph shall not apply in the case of a single aggravated felony conviction (other than murder, manslaughter, rape, or any sex offense when the victim of such sex offense was a minor) for which completion of the term of imprisonment or the sentence (whichever is later) occurred 10 or more years before the date of application;' after `(as defined in subsection (a)(43)); or';CommentsClose CommentsPermalink
(3) by moving paragraph (9) before the undesignated matter following paragraph (8); andCommentsClose CommentsPermalink
(4) in the undesignated matter following paragraph (9)--CommentsClose CommentsPermalink
(A) by striking the first sentence and inserting the following: `The fact that any person is not within any of the foregoing classes shall not preclude a discretionary finding for other reasons that such a person is or was not of good moral character. The Secretary or the Attorney General shall not be limited to the applicant's conduct during the period for which good moral character is required, but may take into consideration as a basis for determination the applicant's conduct and acts at any time.'; andCommentsClose CommentsPermalink
(B) by striking `; or' at the end and inserting a period.CommentsClose CommentsPermalink
(b) Aggravated Felons- Section 509(b) of the Immigration Act of 1990 (
(c) Effective Date- The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act, shall apply to any act that occurred before, on, or after such date of enactment, and shall apply to any application for naturalization or any other benefit or relief, or any other case or matter under the immigration laws pending on or filed after such date of enactment.CommentsClose CommentsPermalink
(d) Naturalization of Persons Endangering National Security-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 316 (
`(g) Persons Endangering National Security- No person may be naturalized if the Secretary of Homeland Security determines that the person has been an alien described in section 212(a)(3) or 237(a)(4). Such determination may be based upon any relevant information or evidence, including classified, sensitive, or national security information, and shall be binding upon, and unreviewable by, any court exercising jurisdiction, under the immigration laws of the United States, over any application for naturalization, regardless of the applicable standard of review.'.CommentsClose CommentsPermalink
(2) CONCURRENT NATURALIZATION AND REMOVAL PROCEEDINGS- Section 318 (
(3) PENDING DENATURALIZATION OR REMOVAL PROCEEDINGS- Section 240(b) (
`(8) LIMITATION WHILE PROCEEDING IS PENDING- No petition may be approved under this section if there is any administrative or judicial proceeding pending against the petitioner that could directly or indirectly result in the petitioner's denaturalization or the loss of the petitioner's lawful permanent resident status.'.CommentsClose CommentsPermalink
(4) CONDITIONAL PERMANENT RESIDENT- Sections 216(e) and 216A(e) (
(5) DISTRICT COURT JURISDICTION- Section 336(b) (
`(b) If there is a failure to render a final administrative decision under section 335 before the end of the 180-day period beginning on the date on which the Secretary of Homeland Security completes all examinations and interviews conducted under such section, the applicant may apply to the district court for the district in which the applicants resides for a hearing on the matter. Such court shall only have jurisdiction to review the basis for delay and remand the matter to the Secretary of Homeland Security for the Secretary's determination on the application.'.CommentsClose CommentsPermalink
(6) CONFORMING AMENDMENT- Section 310(c) (
(A) by inserting `, not later than 120 days after the Secretary of Homeland Security's final determination,' before `seek'; andCommentsClose CommentsPermalink
(B) by striking `Such review' and all that follows and inserting the following: `The petitioner shall have the burden to show that the Secretary's denial of the application was not supported by facially legitimate and bona fide reasons. Except in a proceeding under section 340, and notwithstanding any other provision of law (statutory or nonstatutory), including
`(1) is a person of good moral character;CommentsClose CommentsPermalink
`(2) understands and is attached to the principles of the Constitution of the United States; orCommentsClose CommentsPermalink
`(3) is well disposed to the good order and happiness of the United States.'.CommentsClose CommentsPermalink
(7) EFFECTIVE DATE- The amendments made by this subsection--CommentsClose CommentsPermalink
(A) shall take effect on the date of the enactment of this Act;CommentsClose CommentsPermalink
(B) shall apply to any act that occurred before, on, or after such date of enactment; andCommentsClose CommentsPermalink
(C) shall apply to any application for naturalization or any other case or matter under Federal immigration law that is pending on, or filed after, such date of enactment.CommentsClose CommentsPermalink
SEC. 232. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.
(a) Inadmissibility on Criminal and Related Grounds; Waivers- Section 212(a)(2) (
(1) in subparagraph (A)(i), as amended by this title, by inserting after subclause (IV) the following:CommentsClose CommentsPermalink
`(V) a violation of (or a conspiracy or attempt to violate) an offense described in section 208 of the Social Security Act (
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(M) CITIZENSHIP FRAUD- Any alien convicted of, or who admits having committed, or who admits committing acts which constitute the essential elements of, a violation of, or an attempt or conspiracy to violate, subsection (a) or (b) of
`(N) AGGRAVATED FELONS- Any alien who has been convicted of an aggravated felony at any time is inadmissible.'.CommentsClose CommentsPermalink
(b) Deportability; Criminal Offenses- Section 237(a)(3)(B) (
(1) in clause (i), by striking the comma at the end and inserting a semicolon;CommentsClose CommentsPermalink
(2) in clause (ii), by striking `, or' at the end and inserting a semicolon;CommentsClose CommentsPermalink
(3) in clause (iii), by striking the comma at the end and inserting `; or'; andCommentsClose CommentsPermalink
(4) by inserting after clause (iii) the following:CommentsClose CommentsPermalink
`(iv) of a violation of, or an attempt or conspiracy to violate, subsection (a) or (b) of section 1425 of title 18 (relating to procurement of citizenship or naturalization unlawfully),'.CommentsClose CommentsPermalink
(c) Deportability; Criminal Offenses- Section 237(a)(2) (
`(H) IDENTIFICATION FRAUD- Any alien who is convicted of a violation of (or a conspiracy or attempt to violate) an offense described in section 208 of the Social Security Act (
(d) Effective Date- The amendments made by this section shall apply to--CommentsClose CommentsPermalink
(1) any act that occurred before, or, or after the date of the enactment of this Act;CommentsClose CommentsPermalink
(2) all aliens who are required to establish admissibility on or after such date; andCommentsClose CommentsPermalink
(3) all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date.CommentsClose CommentsPermalink
SEC. 233. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.
(a) Asylum- Section 208(b)(2)(A) (
(1) by inserting `or the Secretary of Homeland Security' after `if the Attorney General'; andCommentsClose CommentsPermalink
(2) by amending clause (v) to read as follows:CommentsClose CommentsPermalink
`(v) the alien is described in subparagraph (B)(i) or (F) of section 212(a)(3), unless the alien is described in section 212(a)(3)(B)(i)(IX) and the Attorney General or the Secretary of Homeland Security determines that there are not reasonable grounds for regarding the alien as a danger to the security of the United States; or'.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 212(a)(3)(B)(ii) (
(c) Cancellation of Removal- Section 240A(c)(4) (
(1) by striking `inadmissible under' and inserting `described in'; andCommentsClose CommentsPermalink
(2) by striking `deportable under' and inserting `described in'.CommentsClose CommentsPermalink
(d) Voluntary Departure- Section 240B(b)(1)(C) (
(e) Restriction on Removal- Section 241(b)(3)(B) (
(1) by inserting `or the Secretary of Homeland Security' after `Attorney General' each place such term appears;CommentsClose CommentsPermalink
(2) in clause (iii), by striking `or' at the end;CommentsClose CommentsPermalink
(3) in clause (iv), by striking the period at the end and inserting `; or';CommentsClose CommentsPermalink
(4) by inserting after clause (iv) the following:CommentsClose CommentsPermalink
`(v) the alien is described in subparagraph (B)(i) or (F) of section 212(a)(3), unless, in the case of an alien described in section 212(a)(3)(B)(i)(IX), the Secretary of Homeland Security or the Attorney General determines that there are not reasonable grounds for regarding the alien as a danger to the security of the United States.'; andCommentsClose CommentsPermalink
(5) in the undesignated matter at the end, by striking `For purposes of clause (iv), an alien who is described in section 237(a)(4)(B) shall be considered to be an alien with respect to whom there are reasonable grounds for regarding as a danger to the security of the United States.'.CommentsClose CommentsPermalink
SEC. 234. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR NATIONAL SECURITY PURPOSES.
(a) Special Agricultural Workers- Section 210(b)(6) (
(1) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(2) in subparagraph (A), by striking `Justice' and inserting `Homeland Security';CommentsClose CommentsPermalink
(3) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;CommentsClose CommentsPermalink
(4) by inserting after subparagraph (B) the following:CommentsClose CommentsPermalink
`(C) AUTHORIZED DISCLOSURES-CommentsClose CommentsPermalink
`(i) CENSUS PURPOSE- The Secretary of Homeland Security may provide, in the discretion of the Secretary, or at the request of the Attorney General, information furnished under this section in the same manner and circumstances as census information may be disclosed under
`(ii) NATIONAL SECURITY PURPOSE- The Secretary of Homeland Security may, in the discretion of the Secretary, use, publish, or release information furnished under this section to support any investigation, case, or matter, or for any purpose, relating to terrorism, national intelligence, or the national security.'; andCommentsClose CommentsPermalink
(5) in subparagraph (D), as redesignated, by striking `Service' and inserting `Department of Homeland Security'.CommentsClose CommentsPermalink
(b) Adjustment of Status Under the Immigration Reform and Control Act of 1986- Section 245A(c)(5) (
(1) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(2) in subparagraph (A), by striking `Justice' and inserting `Homeland Security';CommentsClose CommentsPermalink
(3) by amending subparagraph (C) to read as follows:CommentsClose CommentsPermalink
`(C) AUTHORIZED DISCLOSURES-CommentsClose CommentsPermalink
`(i) CENSUS PURPOSE- The Secretary of Homeland Security may provide, in the discretion of the Secretary, information furnished under this section in the same manner and circumstances as census information may be disclosed under
`(ii) NATIONAL SECURITY PURPOSE- The Secretary of Homeland Security may, in the discretion of the Secretary, use, publish, or release information furnished under this section to support any investigation, case, or matter, or for any purpose, relating to terrorism, national intelligence, or the national security.'; andCommentsClose CommentsPermalink
(4) in subparagraph (D), by striking `Service' and inserting `Department of Homeland Security'.CommentsClose CommentsPermalink
SEC. 235. DEFINITION OF RACKETEERING ACTIVITY.
SEC. 236. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION OF THEIR NATIONALS.
Section 243(d) (
`(d) Discontinuing Granting Visas to Nationals of Countries That Deny or Delay Accepting Aliens- Notwithstanding section 221(c), if the Secretary of Homeland Security determines that the government of a foreign country denies or unreasonably delays accepting aliens who are citizens, subjects, nationals, or residents of that country after the Secretary asks whether the government will accept an alien under this section, or after a determination that the alien is inadmissible under paragraph (6) or (7) of section 212(a)--CommentsClose CommentsPermalink
`(1) the Secretary of State, upon notification from the Secretary of Homeland Security of such denial or delay to accept aliens under circumstances described in this section, shall order consular officers in that foreign country to discontinue granting immigrant visas, nonimmigrant visas, or both, to citizens, subjects, nationals, and residents of that country until the Secretary of Homeland Security notifies the Secretary of State that the country has accepted the aliens;CommentsClose CommentsPermalink
`(2) the Secretary of Homeland Security may deny admission to any citizens, subjects, nationals, and residents from that country; andCommentsClose CommentsPermalink
`(3) the Secretary of Homeland Security may impose limitations, conditions, or additional fees on the issuance of visas or travel from that country and any other sanctions authorized by law.'.CommentsClose CommentsPermalink
SEC. 237. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.
(a) Limitation on Civil Actions- No court may certify a class under Rule 23 of the Federal Rules of Civil Procedure in any civil action pertaining to the administration or enforcement of the immigration laws of the United States that is filed after the date of the enactment of this Act.CommentsClose CommentsPermalink
(b) Requirements for an Order Granting Prospective Relief Against the Government-CommentsClose CommentsPermalink
(1) IN GENERAL- If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court shall--CommentsClose CommentsPermalink
(A) limit the relief to the minimum necessary to correct the violation of law;CommentsClose CommentsPermalink
(B) adopt the least intrusive means to correct the violation of law;CommentsClose CommentsPermalink
(C) minimize, to the greatest extent practicable, the adverse impact on national security, border security, immigration administration and enforcement, and public safety; andCommentsClose CommentsPermalink
(D) provide for the expiration of the relief on a specific date, which allows for the minimum practical time needed to remedy the violation.CommentsClose CommentsPermalink
(2) WRITTEN EXPLANATION- The requirements described in subsection (1) shall be--CommentsClose CommentsPermalink
(A) discussed and explained in writing in the order granting prospective relief; andCommentsClose CommentsPermalink
(B) sufficiently detailed to allow review by another court.CommentsClose CommentsPermalink
(3) EXPIRATION OF PRELIMINARY INJUNCTIVE RELIEF- Preliminary injunctive relief shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court--CommentsClose CommentsPermalink
(A) makes the findings required under paragraph (1) for the entry of permanent prospective relief; andCommentsClose CommentsPermalink
(B) makes the order final before expiration of such 90-day period.CommentsClose CommentsPermalink
(4) REQUIREMENTS FOR ORDER DENYING MOTION- This subsection shall apply to any order denying the Government's motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.CommentsClose CommentsPermalink
(c) Procedure for Motion Affecting Order Granting Prospective Relief Against the Government-CommentsClose CommentsPermalink
(1) IN GENERAL- A court shall promptly rule on the Government's motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.CommentsClose CommentsPermalink
(2) AUTOMATIC STAYS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Government's motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief made in any civil action pertaining to the administration or enforcement of the immigration laws of the United States shall automatically, and without further order of the court, stay the order granting prospective relief on the date that is 15 days after the date on which such motion is filed unless the court previously has granted or denied the Government's motion.CommentsClose CommentsPermalink
(B) DURATION OF AUTOMATIC STAY- An automatic stay under subparagraph (A) shall continue until the court enters an order granting or denying the Government's motion.CommentsClose CommentsPermalink
(C) POSTPONEMENT- The court, for good cause, may postpone an automatic stay under subparagraph (A) for not longer than 15 days.CommentsClose CommentsPermalink
(D) AUTOMATIC STAYS DURING REMANDS FROM HIGHER COURTS- If a higher court remands a decision on a motion subject to this section to a lower court, the order granting prospective relief which is the subject of the motion shall be automatically stayed until the district court enters an order granting or denying the Government's motion.CommentsClose CommentsPermalink
(E) ORDERS BLOCKING AUTOMATIC STAYS- Any order staying, suspending, delaying, or otherwise barring the effective date of the automatic stay described in subparagraph (A), other than an order to postpone the effective date of the automatic stays for not longer than 15 days under subparagraph (C), shall be--CommentsClose CommentsPermalink
(i) treated as an order refusing to vacate, modify, dissolve or otherwise terminate an injunction; andCommentsClose CommentsPermalink
(ii) immediately appealable under
(3) PENDING MOTIONS-CommentsClose CommentsPermalink
(A) NOT MORE THAN 45 DAYS- For purposes of this subsection, any motion, which has been pending for not more than 45 days on the date of the enactment of this Act, shall be treated as if it had been filed on such date of enactment.CommentsClose CommentsPermalink
(B) MORE THAN 45 DAYS- Every motion to vacate, modify, dissolve or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, which has been pending for more than 45 days on the date of enactment of this Act, and remains pending on the tenth day after such date of enactment, shall result in an automatic stay, without further order of the court, of the prospective relief that is the subject of any such motion. An automatic stay pursuant to this subsection shall continue until the court enters an order granting or denying the Government's motion. No further postponement of any such automatic stay pursuant to this subsection shall be available under paragraph (2)(C).CommentsClose CommentsPermalink
(d) Additional Rules Concerning Prospective Relief Affecting Expedited Removal- -CommentsClose CommentsPermalink
(1) JUDICIAL REVIEW- Except as expressly provided under section 242(e) of the Immigration and Nationality Act (
(2) GOVERNMENT MOTION- Upon the Government's filing of a motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil action identified in subsection (b), the court shall promptly--CommentsClose CommentsPermalink
(A) decide whether the court continues to have jurisdiction over the matter; andCommentsClose CommentsPermalink
(B) vacate any order or part of an order granting prospective relief that is not within the jurisdiction of the court.CommentsClose CommentsPermalink
(3) APPLICABILITY- Paragraphs (1) and (2) shall not apply to the extent that an order granting prospective relief was entered before the date of the enactment of this Act and such prospective relief is necessary to remedy the violation of a right guaranteed by the United States Constitution.CommentsClose CommentsPermalink
(e) Settlements-CommentsClose CommentsPermalink
(1) CONSENT DECREES- In any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court may not enter, approve, or continue a consent decree that does not comply with subsection (b).CommentsClose CommentsPermalink
(2) PRIVATE SETTLEMENT AGREEMENTS- Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with subsection (b) if the terms of that agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled.CommentsClose CommentsPermalink
(f) Definitions- In this section:CommentsClose CommentsPermalink
(1) CONSENT DECREE- The term `consent decree'--CommentsClose CommentsPermalink
(A) means any relief entered by the court that is based in whole or in part on the consent or acquiescence of the parties; andCommentsClose CommentsPermalink
(B) does not include private settlements.CommentsClose CommentsPermalink
(2) GOOD CAUSE- The term `good cause' does not include 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 that is not subject to judicial enforcement other than the reinstatement of the civil action 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
(g) Expedited Proceedings- It shall be the duty of every court to advance on the docket and to expedite the disposition of any civil action or motion considered under this section.CommentsClose CommentsPermalink
(h) Application of Amendment- This section shall apply with respect to all orders granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, whether such relief was ordered before, on, or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(i) Severability- If any provision of this section or the application of such provision to any person or circumstance is found to be unconstitutional, the remainder of this section and the application of the provisions of this section to any person or circumstance shall not be affected by such finding.CommentsClose CommentsPermalink
SEC. 238. REPORTING REQUIREMENTS.
(a) Clarifying Address Reporting Requirements- Section 265 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `notify the Attorney General in writing' and inserting `submit written or electronic notification to the Secretary of Homeland Security, in a manner approved by the Secretary,';CommentsClose CommentsPermalink
(B) by striking `the Attorney General may require by regulation' and inserting `the Secretary may require'; andCommentsClose CommentsPermalink
(C) by adding at the end the following: `If the alien is involved in a proceeding before an immigration judge or in an administrative appeal of such proceeding, the alien shall submit to the Attorney General the alien's current address and a telephone number, if any, at which the alien may be contacted.';CommentsClose CommentsPermalink
(2) in subsection (b), by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(3) in subsection (c), by striking `given to such parent' and inserting `given by such parent' andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(d)(1) Except as otherwise provided by the Secretary under paragraph (2), an address provided by an alien under this section--CommentsClose CommentsPermalink
`(A) shall be alien's current residential mailing address; andCommentsClose CommentsPermalink
`(B) may not be a post office box, another non-residential mailing address, or the address of an attorney, representative, labor organization, or employer.CommentsClose CommentsPermalink
`(2) The Secretary may provide specific requirements with respect to--CommentsClose CommentsPermalink
`(A) designated classes of aliens and special circumstances, including aliens who are employed at a remote location; andCommentsClose CommentsPermalink
`(B) the reporting of address information by aliens who are incarcerated in a Federal, State, or local correctional facility.CommentsClose CommentsPermalink
`(3) An alien who is being detained by the Secretary under this Act--CommentsClose CommentsPermalink
`(A) is not required to report the alien's current address under this section while the alien remains in detention; andCommentsClose CommentsPermalink
`(B) shall notify the Secretary of the alien's address under this section at the time of the alien's release from detention.CommentsClose CommentsPermalink
`(e)(1) Notwithstanding any other provision of law, the Secretary may provide for the appropriate coordination and cross-referencing of address information provided by an alien under this section with other information relating to the alien's address under other Federal programs, including--CommentsClose CommentsPermalink
`(A) any information pertaining to the alien, which is submitted in any application, petition, or motion filed under this Act with the Secretary of Homeland Security, the Secretary of State, or the Secretary of Labor;CommentsClose CommentsPermalink
`(B) any information available to the Attorney General with respect to an alien in a proceeding before an immigration judge or an administrative appeal or judicial review of such proceeding;CommentsClose CommentsPermalink
`(C) any information collected with respect to nonimmigrant foreign students or exchange program participants under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
`(D) any information collected from State or local correctional agencies pursuant to the State Criminal Alien Assistance Program.CommentsClose CommentsPermalink
`(2) The Secretary may rely on the most recent address provided by the alien under this section or section 264 to send to the alien any notice, form, document, or other matter pertaining to Federal immigration laws, including service of a notice to appear. The Attorney General and the Secretary may rely on the most recent address provided by the alien under section 239(a)(1)(F) to contact the alien about pending removal proceedings.CommentsClose CommentsPermalink
`(3) The alien's provision of an address for any other purpose under the Federal immigration laws does not excuse the alien's obligation to submit timely notice of the alien's address to the Secretary under this section (or to the Attorney General under section 239(a)(1)(F) with respect to an alien in a proceeding before an immigration judge or an administrative appeal of such proceeding).'.CommentsClose CommentsPermalink
(b) Conforming Changes With Respect to Registration Requirements- Chapter 7 of title II (
(1) in section 262(c), by striking `Attorney General' and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(2) in section 263(a), by striking `Attorney General' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(3) in section 264--CommentsClose CommentsPermalink
(A) in subsections (a), (b), (c), and (d), by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(B) in subsection (f)--CommentsClose CommentsPermalink
(i) by striking `Attorney General is authorized' and inserting `Secretary of Homeland Security and Attorney General are authorized'; andCommentsClose CommentsPermalink
(ii) by striking `Attorney General or the Service' and inserting `Secretary or the Attorney General'.CommentsClose CommentsPermalink
(c) Penalties- Section 266 (
(1) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink
`(b)(1) Any alien or any parent or legal guardian in the United States of a minor alien who fails to notify the Secretary of Homeland Security of the alien's current address in accordance with section 265 shall be fined under title 18, United States Code, imprisoned for not more than 6 months, or both.CommentsClose CommentsPermalink
`(2) Any alien who violates section 265 (regardless of whether the alien is punished under paragraph (1)) and does not establish to the satisfaction of the Secretary that such failure was reasonably excusable or was not willful shall be taken into custody in connection with removal of the alien. If the aliens has not been inspected or admitted, or if the alien has failed on more than 1 occasion to submit notice of the alien's current address as required under section 265, the aliens may be presumed to be flight risk.CommentsClose CommentsPermalink
`(3) The Secretary or the Attorney General, in considering any form of relief from removal which may be granted in the discretion of the Secretary or the Attorney General, may take into consideration the alien's failure to comply with section 265 as a separate negative factor. If the aliens failed to comply with the requirements of section 265 after becoming subject to a final order of removal, deportation, or exclusion, the alien's failure shall be considered as a strongly negative factor with respect to any discretionary motion for reopening or reconsideration filed by the alien.';CommentsClose CommentsPermalink
(2) in subsection (c), by inserting `or a notice of current address' before `containing statements'; andCommentsClose CommentsPermalink
(3) in subsections (c) and (d), by striking `Attorney General' each place it appears and inserting `Secretary'.CommentsClose CommentsPermalink
(d) Effective Date-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided under paragraph (2),the amendments made by this section shall apply to proceedings initiated on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) CONFORMING AND TECHNICAL AMENDMENTS- The amendments made by paragraphs (1)(A), (1)(B), (2), and (3) of subsection (a) are effective as if enacted on March 1, 2003.CommentsClose CommentsPermalink
SEC. 239. WITHHOLDING OF REMOVAL.
(a) In General- Section 241(b)(3) (
(1) in subparagraph (A), by adding at the end the following: `The alien has the burden of proof to establish that the alien's life or freedom would be threatened in such country, and that race, religion, nationality, membership in a particular social group, or political opinion would be at least 1 central reason for such threat.'; andCommentsClose CommentsPermalink
(2) in subparagraph (C), by striking `In determining whether an alien has demonstrated that the alien's life or freedom would be threatened for a reason described in subparagraph (A)' and inserting `For purposes of this paragraph'.CommentsClose CommentsPermalink
(b) Effective Date- The amendments made by subsection (a) shall take effect as if enacted on May 11, 2005, and shall apply to applications for withholding of removal made on or after such date.CommentsClose CommentsPermalink
SEC. 240. PRECLUDING REFUGEES AND ASYLEES WHO HAVE BEEN CONVICTED OF AGGRAVATED FELONIES FROM ADJUSTMENT TO LEGAL PERMANENT RESIDENT STATUS.
(a) In General- Section 209(c) (
(1) by inserting `(1)' before `The provisions'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(2) An alien who is convicted of an aggravated felony is not eligible for a waiver under paragraph (1) or for adjustment of status under this section.'.CommentsClose CommentsPermalink
(b) Applicability- The amendment made by subsection (a) shall apply with respect to--CommentsClose CommentsPermalink
(1) any act that occurred before, on, or after the date of the enactment of this Act;CommentsClose CommentsPermalink
(2) all aliens who are required to establish admissibility on or after such date; andCommentsClose CommentsPermalink
(3) all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date.CommentsClose CommentsPermalink
SEC. 241. JUDICIAL REVIEW OF DISCRETIONARY DETERMINATIONS AND REMOVAL ORDERS RELATING TO CRIMINAL ALIENS.
(a) Denial of Relief- Section 242(a)(2)(B) (
`(B) DENIAL OF DISCRETIONARY RELIEF AND CERTAIN OTHER RELIEF- Except as provided under subparagraph (D), and notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, any other habeas corpus provision, and sections 1361 and 1651 of such title, and regardless of whether the individual determination, decision, or action is made in removal proceedings, no court shall have jurisdiction to review--CommentsClose CommentsPermalink
`(i) an individual determination regarding the granting of status or relief under section 212(h), 212(i), 240A, 240B, or 245; orCommentsClose CommentsPermalink
`(ii) any discretionary decision or action of the Attorney General or the Secretary of Homeland Security under this Act or the regulations promulgated under this Act, other than the granting of relief under section 208(a), regardless of whether such decision or action is guided or informed by standards or guidelines, regulatory, statutory, or otherwise.'.CommentsClose CommentsPermalink
(b) Final Order of Removal- Section 242(a)(2)(C) (
`(C) Except as provided under subparagraph (D), and notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, any other habeas corpus provision, and sections 1361 and 1651 of such title, no court shall have jurisdiction to review any final order of removal (regardless of whether relief or protection was denied on the basis of the alien's having committed a criminal offense) against an alien who is removable for committing a criminal offense under subparagraph (A)(iii), (B), (C), or (D) of section 237(a)(2) or any offense under section 237(a)(2)(A)(ii) for which both predicate offenses are, without regard to their date of commission, described in section 237(a)(2)(A)(i).'.CommentsClose CommentsPermalink
SEC. 242. INFORMATION SHARING BETWEEN FEDERAL AND LOCAL LAW ENFORCEMENT OFFICERS.
(a) Requirement for Information Sharing- No person or agency may prohibit a Federal, State, or local government entity from acquiring information regarding the immigration status of any individual if the entity seeking such information has probable cause to believe that the individual is removable or not lawfully present in the United States.CommentsClose CommentsPermalink
(b) Rule of Construction- Nothing in this section may be construed--CommentsClose CommentsPermalink
(1) to limit the acquisition of information as otherwise provided by law; orCommentsClose CommentsPermalink
(2) to require a person to disclose information regarding an individual's immigration status before receiving medical services or seeking law enforcement assistance.CommentsClose CommentsPermalink
SEC. 243. FRAUD PREVENTION PROGRAM.
Notwithstanding any other provision of this Act, the head of each department responsible for the administration of a program or authority to confer an immigration benefit, relief, or status under this Act shall, subject to available appropriations, develop an administrative program to prevent fraud within or upon such program or authority. Such program shall provide for fraud prevention training for the relevant administrative adjudicators within the department and such other measures as the head of the department may provide.CommentsClose CommentsPermalink
Subtitle B--Worksite Enforcement
SEC. 251. UNLAWFUL EMPLOYMENT OF ALIENS.
Section 274A (
`SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.
`(a) Making Employment of Unauthorized Aliens Unlawful-CommentsClose CommentsPermalink
`(1) IN GENERAL- It is unlawful for an employer--CommentsClose CommentsPermalink
`(A) to hire, or to recruit or refer for a fee, an alien for employment in the United States knowing or with reckless disregard that the alien is an unauthorized alien with respect to such employment; orCommentsClose CommentsPermalink
`(B) to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements under subsections (c) and (d).CommentsClose CommentsPermalink
`(2) CONTINUING EMPLOYMENT- It is unlawful for an employer, after hiring an alien for employment, to continue to employ the alien in the United States knowing or with reckless disregard that the alien is (or has become) an unauthorized alien with respect to such employment.CommentsClose CommentsPermalink
`(3) USE OF LABOR THROUGH CONTRACT-CommentsClose CommentsPermalink
`(A) IN GENERAL- For purposes of this section, an employer who uses a contract, subcontract, or exchange to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (b)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).CommentsClose CommentsPermalink
`(B) RULEMAKING- The Secretary may promulgate regulations--CommentsClose CommentsPermalink
`(i) to require, for purposes of ensuring compliance with the immigration laws of the United States, that an employer include in a written contract, subcontract, or exchange an effective and enforceable requirement that the contractor or subcontractor adhere to such immigration laws, including use of EEVS;CommentsClose CommentsPermalink
`(ii) to establish procedures by which an employer may obtain confirmation from the Secretary that the contractor or subcontractor has registered with EEVS and is utilizing EEVS to verify its employees; andCommentsClose CommentsPermalink
`(iii) to establish such other requirements for employers using contractors or subcontractors as the Secretary determines to be necessary to prevent knowing violations of this paragraph after rulemaking pursuant to
`(C) GUIDELINES- The Secretary may issue guidelines to clarify and supplement the regulations issued pursuant to subparagraph (B)(iii) and broadly disseminate such guidelines, in coordination with the Private Sector Office of the Department of Homeland Security.CommentsClose CommentsPermalink
`(4) DEFENSE-CommentsClose CommentsPermalink
`(A) IN GENERAL- Subject to subparagraphs (B) through (D), an employer that establishes that it has complied in good faith with the requirements of paragraphs (1) through (4) of subsection (c), pertaining to document verification requirements, and subsection (d) has established an affirmative defense that the employer has not violated paragraph (1)(A) with respect to hiring, recruiting, or referral.CommentsClose CommentsPermalink
`(B) LIMITED EXCEPTION- A defense is established without a showing of compliance with subsection (d) until such time as the Secretary has required an employer to participate in EEVS or such participation is permitted on a voluntary basis pursuant to subsection (d).CommentsClose CommentsPermalink
`(C) ADDITIONAL REQUIREMENTS- The employer may not establish a defense unless the employer is in compliance with any additional requirements that the Secretary may promulgate by regulation pursuant to subsections (c), (d), and (k).CommentsClose CommentsPermalink
`(D) FAILURE TO COMPLY WITH STANDARDS- An employer is presumed to have acted with knowledge or reckless disregard if the employer fails to comply with written standards, procedures or instructions issued by the Secretary. Such standards, procedures or instructions shall be objective and verifiable.CommentsClose CommentsPermalink
`(5) PREEMPTION- This section preempts any State or local law that--CommentsClose CommentsPermalink
`(A) requires the use of EEVS in a manner that--CommentsClose CommentsPermalink
`(i) conflicts with any Federal policy, procedure, or timetable;CommentsClose CommentsPermalink
`(ii) requires employers to verify whether or not an individual is authorized to work in the United States; orCommentsClose CommentsPermalink
`(iii) imposes a civil or criminal sanction (other than through licensing or other similar laws) on a person that employs, or recruits or refers for a fee for employment, any unauthorized alien; andCommentsClose CommentsPermalink
`(B) requires, as a condition of conducting, continuing, or expanding a business, a business entity--CommentsClose CommentsPermalink
`(i) provide, build, fund, or maintain a shelter, structure, or designated area at or near the place of business of the entity for use by--CommentsClose CommentsPermalink
`(I) any individual who is not an employee of the business entity who enters or seeks to enter the property of the entity for the purpose of seeking employment by the entity; orCommentsClose CommentsPermalink
`(II) any contractor, customer or other person over which the business entity has no authority; orCommentsClose CommentsPermalink
`(ii) carry out any other activity to facilitate the employment by others of--CommentsClose CommentsPermalink
`(I) any individual who is not an employee of the business entity who enters or seeks to enter the property of the entity for the purpose of seeking employment by the entity; orCommentsClose CommentsPermalink
`(II) any contractor, customer, or other person over which the business entity has no authority.CommentsClose CommentsPermalink
`(b) Definitions- In this section:CommentsClose CommentsPermalink
`(1) CRITICAL INFRASTRUCTURE- The term `critical infrastructure' means agencies and departments of the United States, States, their suppliers or contractors, and any other employer whose employees have access as part of their jobs to a government building, military base, nuclear energy site, weapon site, airport, or seaport.CommentsClose CommentsPermalink
`(2) EMPLOYER-CommentsClose CommentsPermalink
`(A) IN GENERAL- The term `employer'--CommentsClose CommentsPermalink
`(i) means any person or entity hiring, recruiting, or referring for a fee an individual for employment in the United States; andCommentsClose CommentsPermalink
`(ii) includes the Federal Government and State, local, and tribal governments.CommentsClose CommentsPermalink
`(B) FRANCHISED BUSINESSES- Franchised businesses that operate independently do not constitute a single employer solely on the basis of sharing a common brand.CommentsClose CommentsPermalink
`(3) UNAUTHORIZED ALIEN- The term `unauthorized alien' means, with respect to the employment of an alien at a particular time, that the alien is not at that time either--CommentsClose CommentsPermalink
`(A) an alien lawfully admitted for permanent residence; orCommentsClose CommentsPermalink
`(B) authorized to be so employed by the Secretary of Homeland Security under this Act.CommentsClose CommentsPermalink
`(c) Document Verification Requirements-CommentsClose CommentsPermalink
`(1) IN GENERAL- Any employer hiring, recruiting, or referring for a fee an individual for employment in the United States shall take all reasonable steps to verify that the individual is authorized to work in the United States, including the requirements under this subsection and under subsection (d).CommentsClose CommentsPermalink
`(2) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION-CommentsClose CommentsPermalink
`(A) IN GENERAL-CommentsClose CommentsPermalink
`(i) REQUIREMENT- The employer shall attest, under penalty of perjury and on a form prescribed by the Secretary, that the employer has verified the identity and work authorization status of the individual by examining--CommentsClose CommentsPermalink
`(I) a document described in subparagraph (B); orCommentsClose CommentsPermalink
`(II) a document described in subparagraph (C) and a document described in subparagraph (D).CommentsClose CommentsPermalink
`(ii) FORM OF ATTESTATION- An attestation under clause (i) may be manifested by a handwritten or electronic signature. An employer has complied with the requirement of this paragraph with respect to examination of documentation if the employer has followed applicable regulations and any written procedures or instructions provided by the Secretary and if a reasonable person would conclude that the documentation is genuine and establishes the employee's identity and authorization to work, taking into account any information provided to the employer by the Secretary, including photographs.CommentsClose CommentsPermalink
`(B) DOCUMENTS ESTABLISHING BOTH EMPLOYMENT AUTHORIZATION AND IDENTITY- A document described in this subparagraph is an individual's--CommentsClose CommentsPermalink
`(i) United States passport, or passport card issued pursuant to the Secretary of State's authority under the first section of the Act of July 3, 1926 (
`(ii) permanent resident card or other document issued by the Secretary or Secretary of State to aliens authorized to work in the United States, if the document--CommentsClose CommentsPermalink
`(I) contains a photograph of the individual, biometric data, such as fingerprints, or such other personal identifying information relating to the individual as the Secretary finds, by regulation, sufficient for the purposes of this subsection;CommentsClose CommentsPermalink
`(II) is evidence of authorization for employment in the United States; andCommentsClose CommentsPermalink
`(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use; orCommentsClose CommentsPermalink
`(iii) social security card (other than a card that specifies on its face that the card is not valid for establishing employment authorization in the United States) that bears a photograph and meets the standards established under the Immigration Enforcement and Border Security Act of 2007, upon the recommendation of the Secretary of Homeland Security, in consultation with the Commissioner of Social Security.CommentsClose CommentsPermalink
`(C) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL- A document described in this subparagraph includes--CommentsClose CommentsPermalink
`(i) an individual's driver's license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, provided that the issuing State or entity has certified to the Secretary of Homeland Security that it is in compliance with the minimum standards required under section 202 of the REAL ID Act of 2005 (division B of
`(ii) an individual's driver's license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States which is not compliant under section 202 of the REAL ID Act of 2005 if--CommentsClose CommentsPermalink
`(I) the driver's license or identity card contains the individual's photograph as well as the individual's name, date of birth, gender, height, eye color and address;CommentsClose CommentsPermalink
`(II) the card has been approved for this purpose by the Secretary in accordance with timetables and procedures established by the Secretary pursuant to subsection (c)(1)(F); andCommentsClose CommentsPermalink
`(III) the card is presented by the individual and examined by the employer in combination with a U.S. birth certificate, or a Certificate of Naturalization, or a Certificate of Citizenship, or such other documents as may be prescribed by the Secretary;CommentsClose CommentsPermalink
`(iii) for individuals under 16 years of age who are unable to present a document listed in clause (i) or (ii), documentation of personal identity of such other type as the Secretary finds provides a reliable means of identification, provided it contains security features to make it resistant to tampering, counterfeiting, and fraudulent use; orCommentsClose CommentsPermalink
`(iv) other documentation evidencing identity as identified by the Secretary in his discretion, with notice to the public provided in the Federal Register, to be acceptable for purposes of this section, provided that the document, including any electronic security measures linked to the document, contains security features that make the document as resistant to tampering, counterfeiting, and fraudulent use as a document described in clause (i) or subparagraph (B)(i) or (B)(ii).CommentsClose CommentsPermalink
`(D) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION- The following documents shall be accepted as evidence of employment authorization:CommentsClose CommentsPermalink
`(i) A social security account number card issued by the Commissioner of Social Security (other than a card which specifies on its face that the card is not valid for employment in the United States). The Secretary, in consultation with the Commissioner of Social Security, may require by publication of a notice in the Federal Register that only a social security account number card described in section 253 of the Immigration Enforcement and Border Security Act of 2007 be accepted for this purpose.CommentsClose CommentsPermalink
`(ii) Any other documentation evidencing authorization of employment in the United States which the Secretary declares, by publication in the Federal Register, to be acceptable for purposes of this section, provided that the document, including any electronic security measures linked to the document contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.CommentsClose CommentsPermalink
`(E) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCUMENTS- If the Secretary determines that any document or class of documents described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary shall, with notice to the public provided in the Federal Register, prohibit or restrict the use of that document or class of documents for purposes of this subsection.CommentsClose CommentsPermalink
`(3) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION- The individual shall attest, under penalty of perjury on the form prescribed by the Secretary, that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a handwritten or electronic signature.CommentsClose CommentsPermalink
`(4) RETENTION OF VERIFICATION FORM- After completing a form under paragraphs (1) and (2), the employer shall retain a paper, microfiche, microfilm, or electronic version of the form and make such version available for inspection by officers of the Department of Homeland Security (or persons designated by the Secretary), the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending--CommentsClose CommentsPermalink
`(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, 7 years after the date of the recruiting or referral; andCommentsClose CommentsPermalink
`(B) in the case of the hiring of an individual--CommentsClose CommentsPermalink
`(i) 7 years after the date of such hiring; orCommentsClose CommentsPermalink
`(ii) 2 years after the date the individual's employment is terminated, whichever is earlier.CommentsClose CommentsPermalink
`(5) COPYING OF DOCUMENTATION AND RECORDKEEPING REQUIRED-CommentsClose CommentsPermalink
`(A) IN GENERAL- Notwithstanding any other provision of law, the employer shall copy all documents presented by an individual pursuant to this subsection and shall retain a paper, microfiche, microfilm, or electronic copy as prescribed in paragraph (4), but only (except as otherwise permitted under law) for the purposes of complying with the requirements of this subsection. Such copies shall reflect the signatures of the employer and the employee and the date of receipt.CommentsClose CommentsPermalink
`(B) SSA RECORDS- The employer shall also maintain records of Social Security Administration correspondence regarding name and number mismatches or no-matches and the steps taken to resolve such issues.CommentsClose CommentsPermalink
`(C) RESOLUTION OF IDENTITY- The employer shall maintain records of all actions and copies of any correspondence or action taken by the employer to clarify or resolve any issue that raises reasonable doubt as to the validity of the alien's identity or work authorization.CommentsClose CommentsPermalink
`(D) OTHER RECORDS- The employer shall maintain such records as prescribed in this subsection. The Secretary may prescribe the manner of recordkeeping and may require that additional records be kept or that additional documents be copied and maintained. The Secretary may require that these documents be transmitted electronically, and may develop automated capabilities to request such documents.CommentsClose CommentsPermalink
`(6) PENALTIES- An employer that fails to comply with any requirement under this subsection shall be penalized under subsection (e)(4)(B).CommentsClose CommentsPermalink
`(7) NO AUTHORIZATION OF NATIONAL IDENTIFICATION CARDS- Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.CommentsClose CommentsPermalink
`(8) ALL EMPLOYEES- The employer shall use the procedures for document verification set forth in this paragraph for all employees without regard to national origin or citizenship status.CommentsClose CommentsPermalink
`(d) Employment Eligibility Verification System-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary, in cooperation and consultation with the Secretary of State, the Commissioner of Social Security, and the States, shall implement and specify the procedures for EEVS. The participating employers shall timely register with EEVS and shall use EEVS in accordance with paragraph (5).CommentsClose CommentsPermalink
`(2) IMPLEMENTATION SCHEDULE-CommentsClose CommentsPermalink
`(A) As of the date of enactment of this section, the Secretary, with notice to the public provided in the Federal Register, is authorized to require any employer or industry which the Secretary determines to be part of the critical infrastructure, a Federal contractor, or directly related to the national security or homeland security of the United States to participate in EEVS. This requirement may be applied to both newly hired and current employees. The Secretary shall notify employers not later than 30 days before such employers are required to participate in EEVS pursuant to this subparagraph.CommentsClose CommentsPermalink
`(B) Not later than 6 months after the date of the enactment of this section, the Secretary shall require additional employers or industries to participate in EEVS. This subparagraph shall apply to new employees hired, and current employees subject to reverification because of expiring work authorization documentation or expiration of immigration status, on or after the date on which the requirement takes effect. The Secretary, by notice in the Federal Register, shall designate these employers or industries, in the discretion of the Secretary, based upon risks to critical infrastructure, national security, immigration enforcement, or homeland security needs.CommentsClose CommentsPermalink
`(C) Not later than 18 months after the date of the enactment of this section, the Secretary shall require all employers to participate in EEVS with respect to newly hired employees and current employees subject to reverification because of expiring work authorization documentation or expiration of immigration status.CommentsClose CommentsPermalink
`(D) Not later than 3 years after the date of the enactment of this section, all employers shall participate in EEVS with respect to new employees, all employees whose identity and employment authorization have not been previously verified through EEVS. The Secretary may specify earlier dates for participation in EEVS, in the discretion of the Secretary, for some or all classes of employer or employee.CommentsClose CommentsPermalink
`(E) The Secretary shall create the necessary systems and processes to monitor the functioning of EEVS, including the volume of the workflow, the speed of processing of queries, and the speed and accuracy of responses. The Comptroller General of the United States shall audit these systems and processes not later than 9 months after the date of the enactment of this section and not later than 24 months after the date of the enactment of this section. The Comptroller General shall report the results of the audits conducted under this subparagraph to Congress.CommentsClose CommentsPermalink
`(3) PARTICIPATION IN EEVS- The Secretary may--CommentsClose CommentsPermalink
`(A) permit any employer that is not required to participate in EEVS to participate on a voluntary basis; andCommentsClose CommentsPermalink
`(B) require any employer that is required to participate in EEVS with respect to its newly hired employees also to do so with respect to its current workforce if the Secretary has reasonable cause to believe that the employer has engaged in any violation of the immigration laws.CommentsClose CommentsPermalink
`(4) CONSEQUENCE OF FAILURE TO PARTICIPATE- If an employer fails to comply with the requirements of EEVS with respect to an individual--CommentsClose CommentsPermalink
`(A) such failure shall be treated as a violation of subsection (a)(1)(B) with respect to that individual; andCommentsClose CommentsPermalink
`(B) a rebuttable presumption is created that an employer has acted with knowledge or reckless disregard if the employer is shown by clear and convincing evidence to have materially failed to comply with written standards, procedures, or instructions issued by the Secretary, which shall be objective and verifiable.CommentsClose CommentsPermalink
`(5) PROCEDURES FOR PARTICIPANTS IN EEVS-CommentsClose CommentsPermalink
`(A) IN GENERAL- An employer participating in EEVS shall register in EEVS and conform to the procedures under this paragraph in the event of hiring, recruiting, or referring any individual for employment in the United States.CommentsClose CommentsPermalink
`(B) REGISTRATION OF EMPLOYERS- The Secretary of Homeland Security, through notice in the Federal Register, shall prescribe procedures that employers shall follow to register in EEVS. In prescribing these procedures, the Secretary may require employers to provide--CommentsClose CommentsPermalink
`(i) the name of the employer;CommentsClose CommentsPermalink
`(ii) the employer's employment identification number;CommentsClose CommentsPermalink
`(iii) the address of the employer;CommentsClose CommentsPermalink
`(iv) the name, position, and social security number of the employees of the employer for whom EEVS is being accessed; andCommentsClose CommentsPermalink
`(v) such other information as the Secretary deems necessary to ensure proper use and security of EEVS.CommentsClose CommentsPermalink
`(C) TRAINING- The Secretary shall require employers to undergo such training as the Secretary determines to be necessary to ensure proper use and security of EEVS. Such training shall be made available electronically, if practicable.CommentsClose CommentsPermalink
`(D) PROVISION OF ADDITIONAL INFORMATION- Each prospective employee shall provide to the employer, and the employer shall record in such manner as the Secretary may specify--CommentsClose CommentsPermalink
`(i) the prospective employee's social security account number;CommentsClose CommentsPermalink
`(ii) if the prospective employee does not attest to being a national of the United States under subsection (c)(2), such identification or authorization number established by the Department of Homeland Security as the Secretary of Homeland Security shall specify; andCommentsClose CommentsPermalink
`(iii) such other information as the Secretary may require to determine the identity and work authorization of the prospective employee.CommentsClose CommentsPermalink
`(E) PRESENTATION OF DOCUMENTATION- The employer and each prospective employee shall fulfill the requirements under subsection (c).CommentsClose CommentsPermalink
`(F) PRESENTATION OF BIOMETRICS- Employers who are enrolled in the Voluntary Advanced Verification Program to Combat Identity Theft established under section 255 of the Immigration Enforcement and Border Security Act of 2007 shall, in addition to documentary evidence of identity and work eligibility, electronically provide the fingerprints of the prospective employee to the Secretary of Homeland Security.CommentsClose CommentsPermalink
`(6) SEEKING CONFIRMATION-CommentsClose CommentsPermalink
`(A) IN GENERAL- The employer shall use EEVS to provide the Secretary of Homeland Security with all required information to obtain confirmation of the identity and employment eligibility of any employee before the date on which the individual is employed, recruited, or referred. An employer may not make the starting date of an individual's employment contingent on the receipt of a confirmation of the identity and employment eligibility.CommentsClose CommentsPermalink
`(B) LIMITED WORK AUTHORIZATION- For reverification of an employee with a limited period of work authorization, all required verification procedures shall be completed not later than the date the employee's work authorization expires.CommentsClose CommentsPermalink
`(C) NOTIFICATION- The Secretary shall provide, and the employer shall utilize, as part of EEVS, a method of communicating notices and requests for information or action on the part of the employer with respect to expiring work authorization or status and other matters. The Secretary shall provide a method of notifying employers of a confirmation, nonconfirmation or a notice that further action is required (referred to in this subsection as the `further action notice'). The employer shall communicate to the prospective employee that is the subject of the verification all information provided to the employer by EEVS for communication to such prospective employee.CommentsClose CommentsPermalink
`(7) CONFIRMATION OR NONCONFIRMATION-CommentsClose CommentsPermalink
`(A) INITIAL RESPONSE- EEVS shall provide a confirmation, a nonconfirmation, or a further action notice of an prospective employee's identity and employment eligibility at the time of the inquiry, unless for technological reasons or due to unforeseen circumstances, EEVS is unable to provide such confirmation or further action notice. In such situations, the system shall provide confirmation or further action notice not later than 2 business days after the initial inquiry. If providing confirmation or further action notice, EEVS shall provide an appropriate code indicating such confirmation or such further action notice.CommentsClose CommentsPermalink
`(B) CONFIRMATION UPON INITIAL INQUIRY- If the employer receives an appropriate confirmation of an prospective employee's identity and work eligibility under EEVS, the employer shall record the confirmation in such manner as the Secretary may specify.CommentsClose CommentsPermalink
`(C) FURTHER ACTION NOTICE UPON INITIAL INQUIRY AND SECONDARY VERIFICATION-CommentsClose CommentsPermalink
`(i) FURTHER ACTION NOTICE- If the employer receives a further action notice of a prospective employee's identity or work eligibility under EEVS, the employer shall immediately inform the prospective employee of the further action notice and any procedures specified by the Secretary for addressing the further action notice. The employee shall acknowledge in writing the receipt of the further action notice from the employer.CommentsClose CommentsPermalink
`(ii) CONTEST- Not later than 5 business days after the date on which a prospective employee is notified under this subparagraph, the employee shall contact the appropriate agency to contest the further action notice and, if required by the Secretary, appear in person at the appropriate Federal or State agency to verify the employee's identity and employment authorization. The Secretary, in consultation with the Commissioner of Social Security and other appropriate Federal and State officials, shall specify an available secondary verification procedure to confirm the validity of information provided and to provide a final confirmation or nonconfirmation. An employee contesting a further action notice shall attest under penalty of perjury to the employee's identity and employment authorization.CommentsClose CommentsPermalink
`(iii) NO CONTEST- If the prospective employee does not contest the further action notice within the period specified in clause (ii), a final nonconfirmation shall be issued and the employer shall record the nonconfirmation in such manner as the Secretary may specify.CommentsClose CommentsPermalink
`(iv) FINALITY- EEVS shall provide a final confirmation or nonconfirmation not later than 10 business days after a prospective employee contests the further action notice. If the employee is taking the steps required by the Secretary and the agency that the employee has contacted to resolve a further action notice, the Secretary shall extend the period of investigation until the secondary verification procedure allows the Secretary to provide a final confirmation or nonconfirmation. If the employee fails to take the steps required by the Secretary and the appropriate agency, a final nonconfirmation may be issued to that employee.CommentsClose CommentsPermalink
`(v) REEXAMINATION- Nothing in this section may be construed to prevent the Secretary from reexamining a case where a final confirmation has been provided if subsequently received information indicates that the individual may not be work authorized.CommentsClose CommentsPermalink
`(D) TERMINATION OF EMPLOYMENT- An employer may not terminate the employment of an individual solely because of the failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. When final confirmation or nonconfirmation is provided, the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation.CommentsClose CommentsPermalink
`(8) CONSEQUENCES OF NONCONFIRMATION-CommentsClose CommentsPermalink
`(A) TERMINATION OF CONTINUED EMPLOYMENT- If the employer has received a final nonconfirmation regarding a prospective employee, the employer shall terminate employment, recruitment, or referral of the employee.CommentsClose CommentsPermalink
`(B) CONTINUED EMPLOYMENT AFTER FINAL NONCONFIRMATION- If the employer violates subparagraph (A), a rebuttable presumption is created that the employer has violated paragraphs (1)(A) and (2) of subsection (a).CommentsClose CommentsPermalink
`(C) EXCEPTION- Subparagraph (B) shall not apply in any prosecution under section 274A(e)(1).CommentsClose CommentsPermalink
`(9) OBLIGATION TO RESPOND TO QUERIES AND ADDITIONAL INFORMATION-CommentsClose CommentsPermalink
`(A) IN GENERAL- Employers shall comply with requests from the Secretary through EEVS for information, including queries concerning current and former employees that relate to the functioning of EEVS, the accuracy of the responses provided by EEVS, and any suspected fraud or identity theft in the use of EEVS. Failure to comply with such a request is a violation of subsection (a)(1)(B).CommentsClose CommentsPermalink
`(B) FURTHER ACTION- Individuals being verified through EEVS may be required to take further action to address irregularities identified in the documents relied upon for purposes of employment verification. The employer shall communicate to the individual any such requirement for further actions and shall record the date and manner of such communication. The individual shall acknowledge in writing the receipt of this communication from the employer. Failure to communicate such a requirement is a violation of subsection (a)(1)(B).CommentsClose CommentsPermalink
`(C) ADDITIONAL REQUIREMENTS- The Secretary, with notice to the public provided in the Federal Register, may implement, clarify, and supplement the requirements of this paragraph to facilitate the functioning of EEVS or to prevent fraud or identity theft in the use of EEVS.CommentsClose CommentsPermalink
`(10) IMPERMISSIBLE USE OF EEVS-CommentsClose CommentsPermalink
`(A) An employer may not use EEVS to verify an individual before extending to the individual an offer of employment.CommentsClose CommentsPermalink
`(B) An employer may not require an individual to verify the individual's employment eligibility through EEVS as a condition of extending to that individual an offer of employment. Nothing in this subparagraph may be construed to prevent an employer from encouraging an employee or a prospective employee from verifying the employee's or a prospective employee's employment eligibility before obtaining employment pursuant to paragraph (12).CommentsClose CommentsPermalink
`(C) An employer may not terminate an individual's employment solely because that individual has been issued a further action notice.CommentsClose CommentsPermalink
`(D) An employer may not take the following actions solely because an individual has been issued a further action notice:CommentsClose CommentsPermalink
`(i) Reduce the salary, bonuses, or other compensation due to the employee.CommentsClose CommentsPermalink
`(ii) Suspend the employee without pay.CommentsClose CommentsPermalink
`(iii) Reduce the hours that the employee is required to work if such reduction is accompanied by a reduction in salary, bonuses, or other compensation due to the employee. An employer, with the agreement of an employee, may provide the employee with reasonable time off without pay in order to contest and resolve the further action notice received by the employee.CommentsClose CommentsPermalink
`(iv) Deny the employee the training necessary to perform the employment duties for which the employee has been hired.CommentsClose CommentsPermalink
`(E) An employer may not, in the course of utilizing the procedures for document verification set forth in subsection (c), require that a prospective employee present additional documents or different documents than those prescribed under that section.CommentsClose CommentsPermalink
`(F) The Secretary of Homeland Security shall develop the necessary policies and procedures to monitor the use of EEVS by employers and their compliance with the requirements set forth in this section. Employers shall comply with requests from the Secretary for information related to any monitoring, audit or investigation undertaken pursuant to this paragraph.CommentsClose CommentsPermalink
`(G) The Secretary of Homeland Security, in consultation with the Secretary of Labor, shall establish and maintain a process by which any employee (or any prospective employee who would otherwise have been hired) who has reason to believe that an employer has violated any of subparagraphs (A) through (E) may file a complaint against the employer.CommentsClose CommentsPermalink
`(H) Any employer found to have violated any of subparagraphs (A) through (E) shall pay a civil penalty in an amount not to exceed $10,000 for each violation.CommentsClose CommentsPermalink
`(I) This paragraph is not intended to, and does not, create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does it create any right of review in a judicial proceeding.CommentsClose CommentsPermalink
`(11) MODIFICATION OF REQUIREMENTS- If, based on a regular review of EEVS and the document verification procedures to identify fraudulent use and to assess the security of the documents being used to establish identity or employment authorization, the Secretary determines that modifications are necessary to ensure that EEVS accurately and reliably determines the work authorization of employees while providing protection against fraud and identity theft, the Secretary, in consultation with the Commissioner of Social Security and after publishing a notice the Federal Register, may modify--CommentsClose CommentsPermalink
`(A) the documents required to be presented to the employer;CommentsClose CommentsPermalink
`(B) the information required to be provided to EEVS by the employer; andCommentsClose CommentsPermalink
`(C) the procedures required to be followed by employers with respect to any aspect of EEVS.CommentsClose CommentsPermalink
`(12) SECURE SELF-VERIFICATION PROCEDURES- Subject to appropriate safeguards to prevent misuse of EEVS, the Secretary, in consultation with the Commissioner of Social Security, shall establish secure procedures to permit an individual, seeking to verify the individual's employment eligibility before obtaining or changing employment, to contact the appropriate agency and, in a timely manner, correct or update the information used by EEVS.CommentsClose CommentsPermalink
`(e) Protection From Liability for Actions Taken on the Basis of Information Provided by EEVS- No employer participating in EEVS may be held liable under any law for any employment-related action taken with respect to the employee in good faith reliance on information provided through EEVS.CommentsClose CommentsPermalink
`(f) Administrative Review-CommentsClose CommentsPermalink
`(1) FILING REQUIREMENT-CommentsClose CommentsPermalink
`(A) IN GENERAL- An individual who receives a final nonconfirmation notice may, not later than 15 days after the date that such notice is received, file an administrative appeal of such final notice. An individual who did not timely contest a further action notice may not file an administrative appeal under this paragraph. Unless the Secretary of Homeland Security, in consultation with the Commissioner of Social Security, specifies otherwise, all administrative appeals shall be filed in accordance with this paragraph.CommentsClose CommentsPermalink
`(B) NATIONALS OF THE UNITED STATES- An individual claiming to be a national of the United States shall file the administrative appeal with the Commissioner.CommentsClose CommentsPermalink
`(C) ALIENS- An individual claiming to be an alien authorized to work in the United States shall file the administrative appeal with the Secretary.CommentsClose CommentsPermalink
`(2) REVIEW FOR ERROR- The Secretary and the Commissioner shall each develop procedures for resolving administrative appeals regarding final nonconfirmations based upon the information that the individual has provided, including any additional evidence that was not previously considered. Appeals shall be resolved not later than 30 days after the individual submits all evidence relevant to the appeal. The Secretary and the Commissioner may, on a case by case basis for good cause, extend this period in order to ensure accurate resolution of the appeal. Administrative review under this subsection shall be limited to whether the final nonconfirmation notice is supported by the weight of the evidence.CommentsClose CommentsPermalink
`(3) ADMINISTRATIVE RELIEF- Relief available under this subsection is limited to an administrative order upholding, reversing, modifying, amending, or setting aside the final nonconfirmation notice.CommentsClose CommentsPermalink
`(4) DAMAGES, FEES AND COSTS- Money damages, fees, or costs may not be awarded in the administrative review process, and no court shall have jurisdiction to award any damages, fees or costs relating to such administrative review under the Equal Access to Justice Act (
`(g) Judicial Review-CommentsClose CommentsPermalink
`(1) EXCLUSIVE PROCEDURE- Notwithstanding any other provision of law, including sections 1361 and 1651 of title 28, United States Code, no court shall have jurisdiction to consider any claim against the United States, or any of its agencies, officers, or employees, challenging or otherwise relating to a final nonconfirmation notice or to EEVS, except as specifically provided under this subsection.CommentsClose CommentsPermalink
`(2) PETITION FOR REVIEW-CommentsClose CommentsPermalink
`(A) IN GENERAL- A petition for review of a denial of a final administrative order upholding a final nonconfirmation notice shall be filed with the United States Court of Appeals for the judicial circuit in which the petitioner resided when the final nonconfirmation notice was issued.CommentsClose CommentsPermalink
`(B) SCOPE AND STANDARD FOR REVIEW- The court of appeals shall decide the petition only on the administrative record on which the final nonconfirmation order is based. The burden shall be on the petitioner to show that the administratively final nonconfirmation decision was arbitrary, capricious, not supported by substantial evidence, or otherwise not in accordance with law. Administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to reach a contrary conclusion.CommentsClose CommentsPermalink
`(3) EXHAUSTION OF ADMINISTRATIVE REMEDIES- A court may review an administratively final order of a nonconfirmation notice only if the petitioner has exhausted all administrative remedies available to the petitioner as of right.CommentsClose CommentsPermalink
`(4) LIMIT ON INJUNCTIVE RELIEF- Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions in this section.CommentsClose CommentsPermalink
`(h) Management of Employment Eligibility Verification System-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall establish, manage, and modify EEVS to--CommentsClose CommentsPermalink
`(A) respond to inquiries made by participating employers at any time through the Internet concerning an individual's identity and whether the individual is authorized to be employed;CommentsClose CommentsPermalink
`(B) maintain records of the inquiries that were made, of confirmations provided (or not provided), and of the codes provided to employers as evidence of their compliance with their obligations under EEVS; andCommentsClose CommentsPermalink
`(C) provide information to, and request action by, employers and individuals using the system, including notifying employers of the expiration or other relevant change in an employee's employment authorization, and directing an employer to convey to the employee a request to contact the appropriate Federal or State agency.CommentsClose CommentsPermalink
`(2) DESIGN AND OPERATION OF SYSTEM- EEVS shall be designed and operated--CommentsClose CommentsPermalink
`(A) to maximize its reliability and ease of use by employers consistent with insulating and protecting the privacy and security of the underlying information;CommentsClose CommentsPermalink
`(B) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed and to register any times when the system is unable to receive inquiries;CommentsClose CommentsPermalink
`(C) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information;CommentsClose CommentsPermalink
`(D) to allow for auditing use of the system to detect fraud and identify theft, and to preserve the security of the information in EEVS, including--CommentsClose CommentsPermalink
`(i) the development and use of algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents;CommentsClose CommentsPermalink
`(ii) the development and use of algorithms to detect misuse of EEVS by employers and employees;CommentsClose CommentsPermalink
`(iii) the development of capabilities to detect anomalies in the use of EEVS that may indicate potential fraud or misuse of EEVS;CommentsClose CommentsPermalink
`(iv) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees;CommentsClose CommentsPermalink
`(E) to confirm identity and work authorization through verification of records maintained by the Secretary, other Federal departments, States, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, as determined necessary by the Secretary, including--CommentsClose CommentsPermalink
`(i) records maintained by the Social Security Administration as specified in paragraph (4), including photographs and any other biometric information as may be required;CommentsClose CommentsPermalink
`(ii) birth and death records maintained by vital statistics agencies of any State or other United States jurisdiction;CommentsClose CommentsPermalink
`(iii) passport and visa records, including photographs, maintained by the United States Department of State; andCommentsClose CommentsPermalink
`(iv) State driver's license or identity card information, including photographs, maintained by the department of motor vehicles of a State;CommentsClose CommentsPermalink
`(F) to electronically confirm the issuance of the employment authorization or identity document and to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee; andCommentsClose CommentsPermalink
`(G) if in exceptional cases a photograph is not available from the issuer, to implement an alternative procedure, as specified by the Secretary, for confirming the authenticity of a document described in subparagraph (F).CommentsClose CommentsPermalink
`(3) RULEMAKING- The Secretary is authorized, with notice to the public provided in the Federal Register, to issue regulations concerning operational and technical aspects of EEVS and the efficiency, accuracy, and security of EEVS.CommentsClose CommentsPermalink
`(4) ACCESS TO INFORMATION-CommentsClose CommentsPermalink
`(A) Notwithstanding any other provision of law, the Secretary of Homeland Security shall have access to relevant records described in paragraph (2)(E), for the purposes of preventing identity theft and fraud in the use of EEVS and enforcing the provisions of this section governing employment verification. A State or other non-Federal jurisdiction that does not provide such access shall not be eligible for any grant or other program of financial assistance administered by the Secretary.CommentsClose CommentsPermalink
`(B) The Secretary, in consultation with the Commissioner of Social Security and other appropriate Federal and State officials, shall develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the records accessed pursuant to this subsection and subsection (e)(5)(A). The Secretary, in consultation with the Commissioner and other appropriate Federal and State agencies, shall develop and deploy appropriate privacy and security training for the Federal and State employees accessing the records pursuant to this subsection and subsection (e)(5)(A).CommentsClose CommentsPermalink
`(C) The Chief Privacy Officer of the Department of Homeland Security shall conduct regular privacy audits of the policies and procedures established under subparagraph (B), including any collection, use, dissemination, and maintenance of personally identifiable information and any associated information technology systems, as well as scope of requests for this information. The Chief Privacy Officer shall review the results of the audits and recommend to the Secretary and the Privacy and Civil Liberties Oversight Board any changes necessary to improve the privacy protections of the program.CommentsClose CommentsPermalink
`(5) RESPONSIBILITIES OF THE SECRETARY OF HOMELAND SECURITY-CommentsClose CommentsPermalink
`(A) As part of EEVS, the Secretary shall establish a reliable, secure method, that--CommentsClose CommentsPermalink
`(i) compares the name, alien identification or authorization number, or other relevant information provided in an inquiry against such information maintained or accessed by the Secretary in order to confirm (or not confirm) the validity of the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States (or, to the extent that the Secretary determines to be feasible and appropriate, whether the Secretary's records verify United States citizenship), and such other information as the Secretary may prescribe; andCommentsClose CommentsPermalink
`(ii) displays the digital photograph described in paragraph (2)(F).CommentsClose CommentsPermalink
`(B) The Secretary shall have authority to prescribe when a confirmation, nonconfirmation or further action notice shall be issued.CommentsClose CommentsPermalink
`(C) The Secretary shall perform regular audits under EEVS in accordance with paragraph (2)(D) and shall utilize the information obtained from such audits and any information obtained from the Commissioner of Social Security pursuant to section 253 of the Immigration Enforcement and Border Security Act of 2007, to improve immigration enforcement.CommentsClose CommentsPermalink
`(D) The Secretary shall make appropriate arrangements to allow employers who are otherwise unable to access EEVS to use Federal Government facilities or public facilities in order to utilize EEVS.CommentsClose CommentsPermalink
`(6) RESPONSIBILITIES OF THE SECRETARY OF STATE- As part of EEVS, the Secretary of State shall provide to the Secretary access to passport and visa information as needed to confirm that a passport or passport card presented under subsection (c)(1)(B) belongs to the subject of EEVS check, or that a passport or visa photograph matches an individual;CommentsClose CommentsPermalink
`(7) UPDATING INFORMATION- The Commissioner of Social Security, the Secretary of Homeland Security, and the Secretary of State shall update their information in a manner that promotes maximum accuracy and shall provide a process for the prompt correction of erroneous information.CommentsClose CommentsPermalink
`(i) Limitation on Use of EEVS- Notwithstanding any other provision of law, nothing in this section may be construed to permit any agency of the United States Government to utilize any information, database, or other records assembled under this section for any purpose other than for the enforcement and administration of the immigration laws, antiterrorism laws, or for enforcement of Federal criminal law related to the functions of EEVS, including prohibitions on forgery, fraud and identity theft.CommentsClose CommentsPermalink
`(j) Unauthorized Use or Disclosure of Information- Any employee of the Department of Homeland Security or another Federal or State agency who knowingly uses or discloses the information assembled under this subsection for a purpose other than the purpose authorized under this section shall pay a civil penalty for each such violation in an amount not less than $5,000 and not to exceed $50,000.CommentsClose CommentsPermalink
`(k) Funds- In addition to any funds otherwise appropriated, the Secretary of Homeland Security may use funds made available under subsections (m) and (n) of section 286, for the maintenance and operation of EEVS, which shall be considered an immigration adjudication service for purposes of such subsections.CommentsClose CommentsPermalink
`(l) Scope- The employer shall use the procedures for EEVS specified in this section for all employees without regard to national origin or citizenship status.CommentsClose CommentsPermalink
`(m) Conforming Amendment- Title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (
`(n) Compliance-CommentsClose CommentsPermalink
`(1) COMPLAINTS AND INVESTIGATIONS- The Secretary of Homeland Security shall establish procedures--CommentsClose CommentsPermalink
`(A) for individuals and entities to file complaints respecting potential violations of subsection (a) or (f)(1);CommentsClose CommentsPermalink
`(B) for the investigation of those complaints which the Secretary determines should be investigated; andCommentsClose CommentsPermalink
`(C) for the investigation of such other violations of subsection (a) or (f)(1) as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
`(2) AUTHORITY IN INVESTIGATIONS-CommentsClose CommentsPermalink
`(A) IN GENERAL- In conducting investigations and hearings under this subsection--CommentsClose CommentsPermalink
`(i) immigration officers shall have reasonable access to examine evidence of any employer being investigated; andCommentsClose CommentsPermalink
`(ii) immigration officers designated by the Secretary may compel by subpoena the attendance of witnesses and the production of evidence at any designated place in an investigation or case under this subsection.CommentsClose CommentsPermalink
`(B) ENFORCEMENT OF SUBPOENAS- In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph, the Secretary may request that the Attorney General apply in an appropriate district court of the United States for an order requiring compliance with such subpoena, and any failure to obey such order may be punished by such court as a contempt of such court. Failure to cooperate with such subpoena shall be subject to further penalties, including further fines and the voiding of any mitigation of penalties or termination of proceedings under paragraph (3)(B).CommentsClose CommentsPermalink
`(3) COMPLIANCE PROCEDURES-CommentsClose CommentsPermalink
`(A) PRE-PENALTY NOTICE- If the Secretary has reasonable cause to believe that there has been a civil violation of this section and determines that further proceedings are warranted, the Secretary shall issue to the employer concerned a written notice of the Department's intention to issue a claim for a monetary or other penalty. Such prepenalty notice shall--CommentsClose CommentsPermalink
`(i) describe the violation;CommentsClose CommentsPermalink
`(ii) specify the laws and regulations allegedly violated;CommentsClose CommentsPermalink
`(iii) disclose the material facts which establish the alleged violation; andCommentsClose CommentsPermalink
`(iv) inform such employer that he or she shall have a reasonable opportunity to make representations as to why a claim for a monetary or other penalty should not be imposed.CommentsClose CommentsPermalink
`(B) REMISSION OR MITIGATION OF PENALTIES- If any employer receives written prepenalty notice of a fine or other penalty in accordance with subparagraph (A), the employer may, not later than 15 days after receiving such notice, file with the Secretary a petition for the remission or mitigation of such fine or penalty, or a petition for termination of the proceedings. The petition may include any relevant evidence or proffer of evidence the employer wishes to present, and shall be filed and considered in accordance with procedures to be established by the Secretary. If the Secretary determines that such fine, penalty, or forfeiture was incurred erroneously, or that mitigating circumstances as to justify the remission or mitigation of such fine or penalty, the Secretary may remit or mitigate the same upon such terms and conditions as the Secretary considers reasonable and just, or order termination of any related proceedings. Such mitigating circumstances may include good faith compliance and participation in, or agreement to participate in, EEVS, if not otherwise required. This subparagraph shall not apply to an employer that has or is engaged in a pattern or practice of violating paragraph (1)(A), (1)(B), or (2) of subsection (a) or of any other requirement under this section.CommentsClose CommentsPermalink
`(C) PENALTY CLAIM- After considering any evidence and representations offered by the employer pursuant to subparagraph (B), the Secretary shall determine whether there was a violation and promptly issue a written final determination setting forth the findings of fact and conclusions of law on which the determination is based. If the Secretary determines that there was a violation, the Secretary shall issue the final determination with a written penalty claim. The penalty claim shall specify all charges in the information provided under clauses (i) through (iii) of subparagraph (A) and any mitigation or remission of the penalty that the Secretary determines to be appropriate.CommentsClose CommentsPermalink
`(4) CIVIL PENALTIES-CommentsClose CommentsPermalink
`(A) HIRING OR CONTINUING TO EMPLOY UNAUTHORIZED ALIENS- Any employer that violates any provision under paragraph (1)(A) or (2) of subsection (a)--CommentsClose CommentsPermalink
`(i) shall pay a civil penalty of $5,000 for each unauthorized alien with respect to which such violation occurred;CommentsClose CommentsPermalink
`(ii) if an employer has previously been fined under subsection (d)(4)(A), shall pay a civil penalty of $10,000 for each unauthorized alien with respect to which such violation occurred;CommentsClose CommentsPermalink
`(iii) if an employer has previously been fined more than once under subsection (d)(4)(A), shall pay a civil penalty of $25,000 for each unauthorized alien with respect to which such violation occurred in addition to any penalties previously assessed if the employer failed to comply with a previously issued and final order under this section;CommentsClose CommentsPermalink
`(iv) if an employer has previously been fined more than twice under subsection (d)(4)(A), shall pay a civil penalty of $75,000 for each alien with respect to which such violation occurred; andCommentsClose CommentsPermalink
`(v) shall, in addition to any penalties assessed under clauses (i) through (iv), be fined $75,000 for each violation if the employer failed to comply with a previously issued and final order under this section.CommentsClose CommentsPermalink
`(B) RECORDKEEPING OR VERIFICATION PRACTICES- Any employer that violates or fails to comply with any requirement under subsection (b), (c), or (d)--CommentsClose CommentsPermalink
`(i) shall pay a civil penalty of $1,000 for each such violation;CommentsClose CommentsPermalink
`(ii) if an employer has previously been fined under subsection (d)(4)(B), shall pay a civil penalty of $2,000 for each such violation;CommentsClose CommentsPermalink
`(iii) if an employer has previously been fined more than once under subsection (d)(4)(B), shall pay a civil penalty of $5,000 for each such violation in addition to any penalties previously assessed if the employer failed to comply with a previously issued and final order under this section;CommentsClose CommentsPermalink
`(iv) if an employer has previously been fined more than twice under subsection (d)(4)(B), shall pay a civil penalty of $15,000 for each violation; andCommentsClose CommentsPermalink
`(v) shall, in addition to any penalties previously assessed, be fined $15,000 for each such violation if the employer failed to comply with a previously issued and final order under this section.CommentsClose CommentsPermalink
`(C) OTHER PENALTIES- The Secretary may impose additional penalties for violations, including cease and desist orders, specially designed compliance plans to prevent further violations, suspended fines to take effect in the event of a further violation, and in appropriate cases, the remedy provided by subsection (f)(2). All penalties in this section may be adjusted every 4 years to account for inflation as provided by law.CommentsClose CommentsPermalink
`(D) REDUCTION OR MITIGATION OF PENALTIES- The Secretary may reduce or mitigate penalties imposed upon employers, based upon factors including the employer's hiring volume, compliance history, good-faith implementation of a compliance program, participation in a temporary worker program, and voluntary disclosure of violations of this subsection to the Secretary.CommentsClose CommentsPermalink
`(5) ORDER OF INTERNAL REVIEW AND CERTIFICATION OF COMPLIANCE- If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that it is in compliance with this section, or has instituted a program to come into compliance. Not later than 60 days after receiving a notice from the Secretary requiring such a certification, the employer's chief executive officer or similar official with responsibility for, and authority to bind the company on, all hiring and immigration compliance notices shall certify under penalty of perjury that the employer is in conformance with the requirements of paragraphs (1) through (4) of subsection (c), pertaining to document verification requirements, and with any additional requirements that the Secretary may promulgate by regulation pursuant to subsections (c) and (k), or that the employer has instituted a program to come into compliance with these requirements. At the request of the employer, the Secretary may extend the 60-day deadline for good cause. The Secretary may publish in the Federal Register standards or methods for such certification, require specific recordkeeping practices with respect to such certifications, and audit such records at any time. The authority granted under this paragraph may not be construed to diminish or qualify any other penalty provided under this section.CommentsClose CommentsPermalink
`(6) JUDICIAL REVIEW-CommentsClose CommentsPermalink
`(A) IN GENERAL- Notwithstanding any other provision of law, including sections 1361 and 1651 of title 28, United States Code, no court shall have jurisdiction to consider a final determination or penalty claim issued under paragraph (3)(C), except as specifically provided under this paragraph. Except as specifically provided in this paragraph, judicial review of a final determination under paragraph (4) shall be governed exclusively under chapter 158 of such title 28. The filing of a petition under this paragraph shall stay the Secretary's determination until entry of judgment by the court. The Secretary may require that petitioner provide, prior to filing for review, security for payment of fines and penalties through bond or other guarantee of payment acceptable to the Secretary.CommentsClose CommentsPermalink
`(B) REQUIREMENTS FOR REVIEW OF A FINAL DETERMINATION- With respect to judicial review of a final determination or penalty claim issued under paragraph (3)(C), the following requirements shall apply:CommentsClose CommentsPermalink
`(i) DEADLINE- The petition for review shall be filed not later than 30 days after the date of the final determination or penalty claim issued under paragraph (3)(C).CommentsClose CommentsPermalink
`(ii) VENUE AND FORMS- The petition for review shall be filed with the court of appeals for the judicial circuit wherein the employer resided when the final determination or penalty claim was issued. The record and briefs do not have to be printed. The court of appeals shall review the proceeding on a typewritten record and on typewritten briefs.CommentsClose CommentsPermalink
`(iii) SERVICE- The respondent is either the Secretary of Homeland Security or the Commissioner of Social Security, but not both, depending upon who issued (or affirmed) the final nonconfirmation notice. In addition to serving the respondent, the petitioner must also serve the Attorney General.CommentsClose CommentsPermalink
`(iv) Petitioner's BRIEF- The petitioner shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the respondent, and the court may not extend these deadlines, except for good cause shown. If a petitioner fails to file a brief within the time provided in this paragraph, the court shall dismiss the appeal unless a manifest injustice would result.CommentsClose CommentsPermalink
`(v) SCOPE AND STANDARD FOR REVIEW- The court of appeals shall decide the petition only on the administrative record on which the final determination is based. The burden shall be on the petitioner to show that the final determination was arbitrary, capricious, not supported by substantial evidence, or otherwise not in accordance with law. Administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.CommentsClose CommentsPermalink
`(C) EXHAUSTION OF ADMINISTRATIVE REMEDIES- A court may review a final determination under paragraph (3)(C) only if--CommentsClose CommentsPermalink
`(i) the petitioner has exhausted all administrative remedies available to the petitioner as of right; andCommentsClose CommentsPermalink
`(ii) another court has not decided the validity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order.CommentsClose CommentsPermalink
`(D) LIMIT ON INJUNCTIVE RELIEF- Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court, except for the Supreme Court, shall have jurisdiction or authority to enjoin or restrain the operation of the provisions in this section, other than with respect to the application of such provisions to an individual petitioner.CommentsClose CommentsPermalink
`(7) ENFORCEMENT OF ORDERS- If an employer fails to comply with a final determination issued against such employer under this subsection, and the final determination is not subject to review under paragraph (6), the Attorney General may file suit to enforce compliance with the final determination in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final determination shall not be subject to review.CommentsClose CommentsPermalink
`(8) LIENS-CommentsClose CommentsPermalink
`(A) CREATION OF LIEN- If any employer is held liable for a fee or penalty under this section, neglects or refuses to pay such liability, and fails to file a petition for review under paragraph (6), such liability is a lien in favor of the United States on all property and rights to property of such person as if the liability of such person were a liability for a tax assessed under the Internal Revenue Code of 1986. If a petition for review is filed under paragraph (6), the lien shall arise upon the entry of a final judgment by the court and shall continue for 20 years or until the liability is satisfied, remitted, set aside, or terminated.CommentsClose CommentsPermalink
`(B) EFFECT OF FILING NOTICE OF LIEN- Upon filing a notice of lien in the manner in which a notice of tax lien would be filed under paragraphs (1) and (2) of section 6323(f) of the Internal Revenue Code of 1986, the lien shall be valid against any purchaser, holder of a security interest, mechanic's lien or judgment lien creditor, except with respect to properties or transactions specified in subsection (b), (c), or (d) of such section 6323 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provisions of
`(C) ENFORCEMENT OF A LIEN- A lien obtained through this process shall be considered a debt (as defined in
`(o) Criminal Penalties and Injunctions for Pattern or Practice Violations-CommentsClose CommentsPermalink
`(1) CRIMINAL PENALTY- Any employer that engages in a pattern or practice of knowing violations of paragraph (1)(A) or (2) of subsection (a) shall be fined not more than $75,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 6 months for the entire pattern or practice, or both.CommentsClose CommentsPermalink
`(2) ENJOINING OF PATTERN OR PRACTICE VIOLATIONS- If the Secretary of Homeland Security or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment, recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary determines to be necessary.CommentsClose CommentsPermalink
`(p) Prohibition of Indemnity Bonds-CommentsClose CommentsPermalink
`(1) PROHIBITION- It is unlawful for an employer, in the hiring, recruiting, or referring for employment of any individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this section relating to such hiring, recruiting, or referring of the individual.CommentsClose CommentsPermalink
`(2) CIVIL PENALTY- If the Secretary determines, after notice and opportunity for mitigation of the monetary penalty under subsection (d), that an employer has violated paragraph (1), the employer shall be subject to a civil penalty of $10,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, to the general fund of the Treasury.CommentsClose CommentsPermalink
`(q) Government Contracts-CommentsClose CommentsPermalink
`(1) EMPLOYERS-CommentsClose CommentsPermalink
`(A) IN GENERAL- If the Secretary determines that an employer who does not hold Federal contracts, grants, or cooperative agreements is a repeat violator of this section or is convicted of a crime under this section, the employer shall be subject to debarment from the receipt of Federal contracts, grants, or cooperative agreements for a period not to exceed 2 years in accordance with the procedures and standards prescribed by the Federal Acquisition Regulations.CommentsClose CommentsPermalink
`(B) NOTIFICATION; LISTING- The Secretary or the Attorney General shall notify the Administrator of General Services of any such debarment, and the Administrator of General Services shall list the employer on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs for the period of the debarment.CommentsClose CommentsPermalink
`(C) WAIVER; LIMITATION- The Administrator of General Services, in consultation with the Secretary and Attorney General, may waive operation of this subsection or may limit the duration or scope of the debarment.CommentsClose CommentsPermalink
`(D) RULEMAKING- The Secretary shall promulgate a regulation, in accordance with the requirements under
`(2) CONTRACTORS AND RECIPIENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- If the Secretary determines that an employer who holds Federal contracts, grants, or cooperative agreements is a repeat violator of this section or is convicted of a crime under this section, the employer shall be subject to debarment from the receipt of Federal contracts, grants, or cooperative agreements for a period not to exceed 2 years in accordance with the procedures and standards prescribed by the Federal Acquisition Regulations.CommentsClose CommentsPermalink
`(B) NOTIFICATION- Before such debarment, the Secretary, in cooperation with the Administrator of General Services, shall notify all agencies holding contracts, grants, or cooperative agreements with the employer of the proceedings to debar the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period not to exceed 2 years.CommentsClose CommentsPermalink
`(C) WAIVER; LIMITATION- After consideration of the views of agencies holding contracts, grants or cooperative agreements with the employer, the Secretary may, instead of debarring the employer from receiving new Federal contracts, grants, or cooperative agreements for a period not to exceed 2 years, waive operation of this subsection, limit the duration or scope of the proposed debarment, or may refer to an appropriate lead agency the decision of whether to seek debarment of the employer, for what duration, and under what scope in accordance with the procedures and standards prescribed by the Federal Acquisition Regulation.CommentsClose CommentsPermalink
`(D) REVIEW- Any proposed debarment predicated on an administrative determination of liability for civil penalty by the Secretary or the Attorney General shall not be reviewable in any debarment proceeding.CommentsClose CommentsPermalink
`(3) SUSPENSION- Indictments for violations of this section or adequate evidence of actions that could form the basis for debarment under this subsection shall be considered a cause for suspension under the procedures and standards for suspension prescribed by the Federal Acquisition Regulation.CommentsClose CommentsPermalink
`(4) INADVERTENT VIOLATIONS- Inadvertent violations of recordkeeping or verification requirements, in the absence of any other violations of this section, shall not be a basis for determining that an employer is a repeat violator for purposes of this subsection.CommentsClose CommentsPermalink
`(r) Documentation- In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) authorized to be employed in the United States, the Secretary shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement.CommentsClose CommentsPermalink
`(s) Deposit of Amounts Received- Except as otherwise specified, civil penalties collected under this section shall be deposited by the Secretary into the general fund of the Treasury.CommentsClose CommentsPermalink
`(t) No Match Notice-CommentsClose CommentsPermalink
`(1) IN GENERAL- For the purpose of this subsection, a no match notice is written notice from the Social Security Administration to an employer reporting earnings on a Form W-2 that employees' names or corresponding social security account numbers fail to match SSA records. The Secretary, in consultation with the Commissioner of Social Security, is authorized to establish by regulation requirements for verifying the identity and work authorization of employees who are the subject of no-match notices.CommentsClose CommentsPermalink
`(2) RULEMAKING- The Secretary shall establish, by regulation, a reasonable period during which an employer shall allow an employee who is subject to a no match notice to resolve the no match notice with no adverse employment consequences to the employee. The Secretary may establish, by regulation, penalties for noncompliance.CommentsClose CommentsPermalink
`(u) Challenges to Validity-CommentsClose CommentsPermalink
`(1) IN GENERAL- Any right, benefit, or claim not otherwise waived or limited under this section is available in an action instituted in the United States District Court for the District of Columbia. Such action shall be limited to determinations of--CommentsClose CommentsPermalink
`(A) whether this section, or any regulation issued to implement this section, violates the Constitution of the United States; orCommentsClose CommentsPermalink
`(B) whether such a regulation issued by or under the authority of the Secretary to implement this section, is contrary to applicable provisions of this section or was issued in violation of chapter 5 of title 5, United States Code.CommentsClose CommentsPermalink
`(2) DEADLINES FOR BRINGING ACTIONS- Any action instituted under this paragraph shall be filed not later than 90 days after the date the challenged section or regulation described in subparagraph (A) or (B) of paragraph (1) is first implemented.CommentsClose CommentsPermalink
`(3) CLASS ACTIONS- The court may not certify a class under Rule 23 of the Federal Rules of Civil Procedure in any action under this section.CommentsClose CommentsPermalink
`(4) RULE OF CONSTRUCTION- In determining whether the Secretary's interpretation regarding any provision of this section is contrary to law, a court shall accord to such interpretation the maximum deference permissible under the Constitution.CommentsClose CommentsPermalink
`(5) NO ATTORNEYS' FEES- Notwithstanding any other provision of law, the court shall not award fees or other expenses to any person or entity based upon any action relating to this section that is brought under this subsection.CommentsClose CommentsPermalink
`(v) Notification of Expiration of Admission- Notwithstanding any other provision of this Act, an employer or educational institution shall notify an alien in writing of the expiration of the alien's period of authorized admission not later than 14 days before such eligibility expires.'.CommentsClose CommentsPermalink
SEC. 252. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO ASSIST IN IMMIGRATION ENFORCEMENT.
(a) Disclosure of Certain Taxpayer Identity Information-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(21) DISCLOSURE OF CERTAIN TAXPAYER IDENTITY INFORMATION BY SOCIAL SECURITY ADMINISTRATION TO DEPARTMENT OF HOMELAND SECURITY-CommentsClose CommentsPermalink
`(A) IN GENERAL- From taxpayer identity information or other information which has been disclosed or otherwise made available to the Social Security Administration and upon written request by the Secretary of Homeland Security (referred to in this paragraph as the `Secretary'), the Commissioner of Social Security shall disclose directly to officers, employees, and contractors of the Department of Homeland Security--CommentsClose CommentsPermalink
`(i) the taxpayer identity information of each person who has filed an information return required by reason of section 6051 after calendar year 2005 and before the date specified in subparagraph (D) which contains--CommentsClose CommentsPermalink
`(I) 1 (or any greater number the Secretary shall request) taxpayer identifying number, name, and address of any employee (within the meaning of such section) that did not match the records maintained by the Commissioner of Social Security, orCommentsClose CommentsPermalink
`(II) 2 (or any greater number the Secretary shall request) names, and addresses of employees (within the meaning of such section), with the same taxpayer identifying number,CommentsClose CommentsPermalink
and the taxpayer identity of each such employee, andCommentsClose CommentsPermalink
`(ii) the taxpayer identity of each person who has filed an information return required by reason of section 6051 after calendar year 2005 and before the date specified in subparagraph (D) which contains the taxpayer identifying number (assigned under section 6109) of an employee (within the meaning of section 6051)--CommentsClose CommentsPermalink
`(I) who is under the age of 14 (or any lesser age the Secretary shall request), according to the records maintained by the Commissioner of Social Security,CommentsClose CommentsPermalink
`(II) whose date of death, according to the records so maintained, occurred in a calendar year preceding the calendar year for which the information return was filed,CommentsClose CommentsPermalink
`(III) whose taxpayer identifying number is contained in more than one (or any greater number the Secretary shall request) information return filed in such calendar year, orCommentsClose CommentsPermalink
`(IV) who is not authorized to work in the United States, according to the records maintained by the Commissioner of Social Security,CommentsClose CommentsPermalink
and the taxpayer identity and date of birth of each such employee.CommentsClose CommentsPermalink
`(B) REIMBURSEMENT- The Secretary shall transfer to the Commissioner the funds necessary to cover the additional cost directly incurred by the Commissioner in carrying out the searches or manipulations requested by the Secretary.'CommentsClose CommentsPermalink
(2) COMPLIANCE BY DHS CONTRACTORS WITH CONFIDENTIALITY SAFEGUARDS- Section 6103(p) of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink
`(9) DISCLOSURE TO DHS CONTRACTORS- Notwithstanding any other provision of this section, no return or return information shall be disclosed to any contractor of the Department of Homeland Security unless such Department, to the satisfaction of the Secretary--CommentsClose CommentsPermalink
`(A) has requirements in effect which require each such contractor which would have access to returns or return information to provide safeguards (within the meaning of paragraph (4)) to protect the confidentiality of such returns or return information,CommentsClose CommentsPermalink
`(B) agrees to conduct an on-site review every 3 years (mid-point review in the case of contracts or agreements of less than 3 years in duration) of each contractor to determine compliance with such requirements,CommentsClose CommentsPermalink
`(C) submits the findings of the most recent review conducted under subparagraph (B) to the Secretary as part of the report required by paragraph (4)(E), andCommentsClose CommentsPermalink
`(D) submits a certification to the Secretary for the most recent annual period that includes the name and address of each contractor, a description of the contract or agreement with such contractor, and the duration of such contract or agreement, and certifies that such contractor is in compliance with all such requirements.'.CommentsClose CommentsPermalink
(3) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink
(A) Section 6103(a)(3) of such Code is amended by striking `or (20)' and inserting `(20), or (21)'.CommentsClose CommentsPermalink
(B) Section 6103(p)(3)(A) of such Code is amended by adding at the end the following new sentence: `The Commissioner of Social Security shall provide to the Secretary such information as the Secretary may require in carrying out this paragraph with respect to return information inspected or disclosed under the authority of subsection (l)(21).'.CommentsClose CommentsPermalink
(C) Section 6103(p)(4) of such Code is amended--CommentsClose CommentsPermalink
(i) by striking `or (17)' both places it appears and inserting `(17), or (21)'; andCommentsClose CommentsPermalink
(ii) by striking `or (20)' each place it appears and inserting `(20), or (21)'.CommentsClose CommentsPermalink
(D) Section 6103(p)(8)(B) of such Code is amended by inserting `or paragraph (9)' after `subparagraph (A)'.CommentsClose CommentsPermalink
(E) Section 7213(a)(2) of such Code is amended by striking `or (20)' and inserting `(20), or (21)'.CommentsClose CommentsPermalink
(b) Falsely Claiming Citizenship or Nationality- Section 212(a)(6)(C)(ii)(I) is amended by inserting `or national' after `citizen'.CommentsClose CommentsPermalink
(c) Repeal of Reporting Requirements-CommentsClose CommentsPermalink
(1) REPORT ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK- Section 290(c) of the Immigration and Nationality Act (
(2) REPORT ON FRAUDULENT USE OF SOCIAL SECURITY ACCOUNT NUMBERS- Section 414(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security such sums as are necessary to carry out the amendments made by this section.CommentsClose CommentsPermalink
(e) Effective Dates-CommentsClose CommentsPermalink
(1) IN GENERAL- The amendments made by subsection (a) shall apply to disclosures made on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) CERTIFICATIONS- The first certification under section 6103(p)(9)(D) of the Internal Revenue Code of 1986, as added by subsection (a)(2), shall be made with respect to calendar year 2007.CommentsClose CommentsPermalink
(3) REPEALS- The repeals made by subsection (c) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 253. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.
(a) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant Social Security Cards-CommentsClose CommentsPermalink
(1) ISSUANCE- Not later than the first day of the second fiscal year in which amounts are appropriated pursuant to subsection (e), the Commissioner of Social Security shall begin to administer and issue fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.CommentsClose CommentsPermalink
(2) INTERIM- Not later than the first day of the seventh fiscal year in which amounts are appropriated pursuant to subsection (e), the Commissioner of Social Security shall issue only fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.CommentsClose CommentsPermalink
(3) COMPLETION- Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to subsection (e), all social security cards that are not fraud-resistant, tamper-resistant, and wear-resistant shall be invalid for establishing employment authorization for any individual 16 years of age or older.CommentsClose CommentsPermalink
(4) EXEMPTION- Nothing in this section may be construed to--CommentsClose CommentsPermalink
(A) require an individual under the age of 16 years to be issued or to present for any purpose a social security card described in this subsection, unless needed to establish employment authorization; orCommentsClose CommentsPermalink
(B) prohibit the Commissioner of Social Security from issuing a social security card that does not meet the requirements under this subsection to an individual under the age of 16 years who otherwise meets the eligibility requirements for a social security card.CommentsClose CommentsPermalink
(b) Additional Duties of the Social Security Administration- In accordance with the responsibilities of the Commissioner of Social Security under section 205(c)(2)(I) of the Social Security Act, as added by section 256 of this Act, the Commissioner--CommentsClose CommentsPermalink
(1) shall issue a social security card to an individual at the time of the issuance of a social security account number to such individual, which card shall--CommentsClose CommentsPermalink
(A) contain such security and identification features as determined by the Secretary of Homeland Security, in consultation with the Commissioner; andCommentsClose CommentsPermalink
(B) be fraud-resistant, tamper-resistant, and wear-resistant;CommentsClose CommentsPermalink
(2) in consultation with the Secretary, shall issue regulations specifying such particular security and identification features, renewal requirements (including updated photographs), and standards for the social security card as necessary to be acceptable for purposes of establishing identity and employment authorization under the immigration laws of the United States; andCommentsClose CommentsPermalink
(3) may not issue a replacement social security card to any individual unless the Commissioner determines that the purpose for requiring the issuance of the replacement document is legitimate.CommentsClose CommentsPermalink
(c) Reporting Requirements-CommentsClose CommentsPermalink
(1) REPORT ON THE USE OF IDENTIFICATION DOCUMENTS- Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to subsection (e), the Secretary shall submit to Congress a report recommending which documents, if any, among those described in section 274A(c)(1) of the Immigration and Nationality Act, should continue to be used to establish identity and employment authorization in the United States.CommentsClose CommentsPermalink
(2) REPORT ON IMPLEMENTATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 12 months after the date on which the Commissioner begins to administer and issue fraud-resistant, tamper-resistant, and wear-resistant cards under subsection (d)(1), and annually thereafter, the Commissioner shall submit to Congress a report on the implementation of this section.CommentsClose CommentsPermalink
(B) CONTENTS- The report submitted under subparagraph (A) shall include an analysis of--CommentsClose CommentsPermalink
(i) the amounts needed to be appropriated to implement this section; andCommentsClose CommentsPermalink
(ii) any measures taken to protect the privacy of individuals who hold social security cards described in this section.CommentsClose CommentsPermalink
(d) Access to Social Security Card Information- Section 205(c)(2)(I)(i) of the Social Security Act, as added by section 256 of this Act, is further amended by inserting at the end of the flush text at the end the following: `As part of the employment eligibility verification system established under section 274A of the Immigration and Nationality Act, the Commissioner of Social Security shall provide to the Secretary of Homeland Security access to any photograph, other feature, or information included in the social security card.'.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section and the amendments made by this section.CommentsClose CommentsPermalink
SEC. 254. INCREASING SECURITY AND INTEGRITY OF IDENTITY DOCUMENTS.
(a) Purpose- The Secretary of Homeland Security, shall establish the State Records Improvement Grant Program (referred to in this section as the `Program'), under which the Secretary may award grants to States for the purpose of advancing the purposes of this Act and of issuing or implementing plans to issue driver's license and identity cards that--CommentsClose CommentsPermalink
(1) can be used for purposes of verifying identity under section 274A of the Immigration and Nationality Act, as added by section 251 of this Act; andCommentsClose CommentsPermalink
(2) comply with the State license requirements under section 202 of the REAL ID Act of 2005 (division B of
(b) Ineligibility- States that do not certify their intent to comply with the provisions of the REAL ID Act of 2005 or do not submit a compliance plan acceptable to the Secretary are not eligible to receive a grant under the Program. Driver's license or identification cards issued by States that do not comply with the provisions of the REAL ID Act of 2005 may not be used to verify identity under section 274A of the Immigration and Nationality Act, except under conditions approved by the Secretary.CommentsClose CommentsPermalink
(c) Grants and Contracts Authorized-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to award grants, subject to the availability of appropriations, to a State to provide assistance to such State agency to meet the deadlines for the issuance of a driver's license which meets the requirements of section 202 of the REAL ID Act of 2005 (division B of
(2) DURATION- Grants may be awarded under this subsection during fiscal years 2008 through 2012.CommentsClose CommentsPermalink
(3) COMPETITIVE BASIS- The Secretary shall give priority to States whose plan to implement the provisions of the REAL ID Act of 2005 is compatible with the employment verification systems, processes, and implementation schedules set forth in section 274A of the Immigration and Nationality Act, as determined by the Secretary. Minimum standards for compatibility will include the ability of the State to promptly verify the document and provide access to the digital photograph displayed on the document.CommentsClose CommentsPermalink
(4) FUNDING OPTIONS- If the Secretary of Homeland Security determines that compliance with the provisions of the REAL ID Act of 2005 and with the requirements of the employment verification system can best be met by awarding grants or contracts to a State, a group of States, a government agency, or a private entity, the Secretary may utilize Program funds to award such a grant, grants, contract or contracts.CommentsClose CommentsPermalink
(5) IMPROVING ACCURACY AND AVAILABILITY OF RECORDS- On an expedited basis, the Secretary shall award grants or contracts for the purpose of improving the accuracy and electronic availability of states' records of births, deaths, driver's licenses, and of other records necessary for implementation of the Employment Eligibility Verification System and as otherwise necessary to advance the purposes of this Act.CommentsClose CommentsPermalink
(d) Use of Funds- Grants or contracts awarded pursuant to the Program may be used to assist State compliance with the requirements under the REAL ID Act of 2005, including--CommentsClose CommentsPermalink
(1) upgrading and maintaining technology;CommentsClose CommentsPermalink
(2) obtaining equipment;CommentsClose CommentsPermalink
(3) hiring additional personnel;CommentsClose CommentsPermalink
(4) covering operational costs, including overtime; andCommentsClose CommentsPermalink
(5) acquiring such other resources as are available to assist such grantee.CommentsClose CommentsPermalink
(e) Application-CommentsClose CommentsPermalink
(1) IN GENERAL- Each eligible state seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.CommentsClose CommentsPermalink
(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--CommentsClose CommentsPermalink
(A) describe the activities for which assistance under this section is sought; andCommentsClose CommentsPermalink
(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.CommentsClose CommentsPermalink
(f) Conditions- All grants under the Program shall be conditioned on the recipient--CommentsClose CommentsPermalink
(1) certifying compliance with the provisions under the REAL ID Act of 2005 and providing implementation plans that are acceptable to the Secretary, including--CommentsClose CommentsPermalink
(A) the adoption of appropriate security measures to protect against improper issuance of driver's licenses and identity cards, tampering with electronic issuance systems, and identity theft as the Secretary may prescribe;CommentsClose CommentsPermalink
(B) ensuring introduction and maintenance of such security features and other measures necessary to make the documents issued by recipient resistant to tampering, counterfeiting, and fraudulent use as the Secretary may prescribe; andCommentsClose CommentsPermalink
(C) ensuring implementation and maintenance of such safeguards for the security of the information contained on these documents as the Secretary may prescribe;CommentsClose CommentsPermalink
(2) agreeing to adhere to the timetables and procedures for issuing driver's licenses and identification cards that comply with the provisions of the REAL ID Act of 2005, as required under section 274A(c)(1)(F) of the Immigration and Nationality Act; andCommentsClose CommentsPermalink
(3) agreeing to implement the requirements of this Act and any implementing regulations to the satisfaction of the Secretary of Homeland Security.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There are authorized to be appropriated $300,000,000 for each of fiscal years 2008 through 2012 to carry out the provisions of this section.CommentsClose CommentsPermalink
(h) Supplement Not Supplant- Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this title.CommentsClose CommentsPermalink
(i) Additional Uses- Amounts authorized under this section may also be used to assist in sharing of law enforcement information between States and the Department of Homeland Security, at the discretion of the Secretary of Homeland Security.CommentsClose CommentsPermalink
SEC. 255. VOLUNTARY ADVANCED VERIFICATION PROGRAM TO COMBAT IDENTITY THEFT.
(a) Voluntary Advanced Verification Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 18 months after the date of the enactment of this Act, the Secretary shall establish and make available to willing employers a voluntary program, to be known as the Voluntary Advanced Verification Program, to allow employers to submit and verify an employee's fingerprints for purposes of determining the identity and work authorization of the employee.CommentsClose CommentsPermalink
(2) VOLUNTARY PARTICIPATION- Nothing in this section may be construed to require employers to participate in the Voluntary Advanced Verification Program.CommentsClose CommentsPermalink
(b) Limited Retention Period for Fingerprints-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may only maintain fingerprint records of any citizen of the United States that were submitted by an employer through the Employment Eligibility Verification System (referred to in this section as `EEVS') for 10 business days. At the end of such period, such records shall be purged from any EEVS-related system unless the fingerprints have been ordered to be retained for purposes of a fraud or similar investigation by a government agency with criminal or other investigative authority.CommentsClose CommentsPermalink
(2) EXCEPTION- For purposes of preventing identity theft or other harm, an employee who is a citizen of the United States may submit a written request that the employee's fingerprint records be retained for employee verification purposes by the Secretary. Upon receiving written consent, the Secretary may retain such fingerprint records until the employee notifies the Secretary in writing that such consent has been withdrawn, at which time the Secretary shall purge such fingerprint records within 10 business days unless the fingerprints have been ordered to be retained for purposes of a fraud or similar investigation by a government agency with an independent criminal or other investigative authority.CommentsClose CommentsPermalink
(c) Limited Use of Fingerprints Submitted for Program- The Secretary and the employer may use any fingerprints taken from the employee and transmitted for querying EEVS solely for the purposes of verifying identity and employment eligibility during the employee verification process. Such transmitted fingerprints may not be used for any other purpose. This provision does not alter any other provisions regarding the use of non-fingerprint information in EEVS.CommentsClose CommentsPermalink
(d) Safeguarding of Fingerprint Information- The Secretary, subject to specifications and limitations set forth under this section and other relevant provisions of this Act, shall be responsible for safely and securely maintaining and storing all fingerprints submitted under this program.CommentsClose CommentsPermalink
SEC. 256. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.
Section 205(c)(2) of the Social Security Act (
`(I)(i) As part of the verification system established under this paragraph, the Commissioner of Social Security shall, subject to the provisions of section 274A(d) of the Immigration and Nationality Act, establish a reliable, secure method that, operating through the Employment Eligibility Verification System--CommentsClose CommentsPermalink
`(I) compares the name, social security account number and available citizenship information provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided regarding an individual whose identity and employment eligibility must be confirmed;CommentsClose CommentsPermalink
`(II) analyzes the correspondence of the name, number, and any other identifying information;CommentsClose CommentsPermalink
`(III) determines whether the name and number belong to an individual who is deceased;CommentsClose CommentsPermalink
`(IV) determines whether an individual is a national of the United States (when available);CommentsClose CommentsPermalink
`(V) determines whether the individual has presented a social security account number that is not valid for employment; andCommentsClose CommentsPermalink
`(VI) does not disclose or release social security information to employers through the confirmation system (other than such confirmation or nonconfirmation).CommentsClose CommentsPermalink
`(ii) For purposes of preventing identity theft, protecting employees, and reducing burden on employers, and notwithstanding section 6103 of the Internal Revenue Code of 1986, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall--CommentsClose CommentsPermalink
`(I) review the Social Security Administration databases and information technology to identify any deficiencies and discrepancies related to name, birth date, citizenship status, or death records of the social security accounts and social security account holders that are likely to contribute to fraudulent use of documents, or identity theft, or to affect the proper functioning of EEVS;CommentsClose CommentsPermalink
`(II) correct any errors identified under subclause (I); andCommentsClose CommentsPermalink
`(III) ensure that a system for identifying and correcting such deficiencies and discrepancies is adopted to ensure the accuracy of the Social Security Administration's databases.CommentsClose CommentsPermalink
`(iii) The Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall establish a secure process whereby an individual can request that the Commissioner preclude any confirmation under EEVS based on that individual's Social Security number until it is reactivated by that individual.'.CommentsClose CommentsPermalink
SEC. 257. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL REVENUE SERVICE AND THE SOCIAL SECURITY ADMINISTRATION.
(a) Tightening Requirements for the Provision of Social Security Numbers on Form W-2 Wage and Tax Statements- Section 6724 of the Internal Revenue Code of 1986 (relating to waiver; definitions and special rules) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
`(f) Special Rules With Respect to Social Security Numbers on Withholding Exemption Certificates-CommentsClose CommentsPermalink
`(1) REASONABLE CAUSE WAIVER NOT TO APPLY- Except as provided in paragraph (2), subsection (a) shall not apply with respect to the social security account number of an employee furnished under section 6051(a)(2).CommentsClose CommentsPermalink
`(2) EXCEPTION-CommentsClose CommentsPermalink
`(A) IN GENERAL- Except as provided in subparagraph (B), paragraph (1) shall not apply in any case in which the employer--CommentsClose CommentsPermalink
`(i) receives confirmation that the discrepancy described in section 205(c)(2)(I) of the Social Security Act (
`(ii) corrects a clerical error made by the employer with respect to the social security account number of an employee not later than 60 days after receiving notification under section 205(c)(2)(I) of the Social Security Act that the social security account number contained in wage records provided to the Social Security Administration by the employer with respect to the employee does not match the social security account number of the employee contained in relevant records otherwise maintained by the Social Security Administration.CommentsClose CommentsPermalink
`(B) EXCEPTION NOT APPLICABLE TO FREQUENT OFFENDERS- Subparagraph (A) shall not apply--CommentsClose CommentsPermalink
`(i) in any case in which not fewer than 50 of the statements required to be made by an employer pursuant to section 6051 either fail to include an employee's social security account number or include an incorrect social security account number, orCommentsClose CommentsPermalink
`(ii) with respect to any employer who has received written notification under section 205(c)(2)(1) of the Social Security Act during each of the 3 preceding taxable years that the social security account numbers in the wage records provided to the Social Security Administration by such employer with respect to 10 more employees do not match relevant records otherwise maintained by the Social Security Administration.'.CommentsClose CommentsPermalink
(b) Enforcement-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary, shall establish a unit within the Criminal Investigation Office of the Internal Revenue Service to investigate violations of the Internal Revenue Code of 1986 related to the employment of individuals who are not authorized to work in the United States.CommentsClose CommentsPermalink
(2) SPECIAL AGENTS; SUPPORT STAFF- The Secretary of the Treasury--CommentsClose CommentsPermalink
(A) shall assign to the unit established pursuant to paragraph (1) not fewer than 10 full-time special agents and necessary support staff; andCommentsClose CommentsPermalink
(B) may employ not more than 200 full time special agents for this unit based on investigative requirements and work load.CommentsClose CommentsPermalink
(3) REPORTS- During each of the first 5 calendar years beginning after the date on which the unit was established, and biennially thereafter, the unit shall transmit to Congress a report that describes its activities and includes the number of investigations and cases referred for prosecution.CommentsClose CommentsPermalink
(c) Increase in Penalty on Employer Failing To File Correct Information Returns- Section 6721 of such Code (relating to failure to file correct information returns) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)(1)--CommentsClose CommentsPermalink
(A) by striking `$50' and inserting `$200'; andCommentsClose CommentsPermalink
(B) by striking `$250,000' and inserting `$1,000,000';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking `$15 in lieu of $50' and inserting `$60 instead of $200'; andCommentsClose CommentsPermalink
(ii) in subparagraph(B), by striking `$75,000' and inserting `$300,000'; andCommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking `$30 in lieu of $50' and inserting `$120 instead of $200'; andCommentsClose CommentsPermalink
(ii) in subparagraph (B), by striking `$150,000' and inserting `$600,000'; andCommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) in the subsection heading, by striking `$5,000,000' and inserting `$2,000,000';CommentsClose CommentsPermalink
(B) in paragraph (1)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking `$100,000' for `$250,000' and inserting `$400,000' for `$1,000,000';CommentsClose CommentsPermalink
(ii) in subparagraph (B), by striking `$25,000' for `$75,000' and inserting `$100,000' for `$300,000'; andCommentsClose CommentsPermalink
(iii) in subparagraph (C), by striking `$50,000' for `$150,000' and inserting `$200,000' for `$600,000'; andCommentsClose CommentsPermalink
(C) in paragraph (2)(A), by striking `$5,000,000' and inserting `$2,000,000'; andCommentsClose CommentsPermalink
(4) in subsection (e)--CommentsClose CommentsPermalink
(A) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking `$100' and inserting `$400';CommentsClose CommentsPermalink
(ii) in subparagraph (C)(i), by striking `$25,000' and inserting `$100,000'; andCommentsClose CommentsPermalink
(iii) in subparagraph (C)(ii), by striking `$100,000' and inserting `$400,000'; andCommentsClose CommentsPermalink
(B) in paragraph (3)(A), by striking `$250,000' and inserting `$1,000,000'.CommentsClose CommentsPermalink
(d) Effective Date- The amendments made by subsections (b) and (c) shall apply to failures occurring after December 31, 2006.CommentsClose CommentsPermalink
SEC. 258. ADDITIONAL CRIMINAL PENALTIES FOR MISUSE OF SOCIAL SECURITY ACCOUNT NUMBERS.
(a) In General- Section 208(a) of the Social Security Act (
(1) by amending paragraph (7) to read as follows:CommentsClose CommentsPermalink
`(7) for any purpose--CommentsClose CommentsPermalink
`(A) knowingly possesses or uses a social security account number or social security card knowing that such number or card was obtained from the Commissioner of Social Security by means of fraud or false statements;CommentsClose CommentsPermalink
`(B) knowingly and falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to the person or to another person, when in fact such number is not the social security account number assigned by the Commissioner of Social Security to such person or to such other person;CommentsClose CommentsPermalink
`(C) knowingly buys, sells, or possesses with intent to buy or sell a social security account number or a social security card that is or purports to be a number or card issued by the Commissioner of Social Security;CommentsClose CommentsPermalink
`(D) knowingly alters, counterfeits, forges, or falsely makes a social security account number or a social security card; orCommentsClose CommentsPermalink
`(E) knowingly possesses, uses, distributes, or transfers a social security account number or a social security card knowing the number or card to be altered, counterfeited, forged, falsely made, or stolen; or';CommentsClose CommentsPermalink
(2) in paragraph (8)--CommentsClose CommentsPermalink
(A) by inserting `knowingly' before `discloses';CommentsClose CommentsPermalink
(B) by inserting `account' after `security'; andCommentsClose CommentsPermalink
(C) by inserting `or' after the semicolon at the end;CommentsClose CommentsPermalink
(3) by inserting after paragraph (8) the following:CommentsClose CommentsPermalink
`(9) without lawful authority, knowingly produces or acquires for any person a social security account number, a social security card, or a number or card that purports to be a social security account number or social security card,'; andCommentsClose CommentsPermalink
(4) in the flush text at the end, by striking `five' and inserting `10'.CommentsClose CommentsPermalink
(b) Conspiracy and Disclosure- Section 208 of such Act is further amended by adding at the end the following:CommentsClose CommentsPermalink
`(f) Whoever attempts or conspires to violate any criminal provision under this section shall be punished in the same manner as a person who completes a violation of such provision.CommentsClose CommentsPermalink
`(g)(1) Subject to paragraph (3) and notwithstanding any other provision of law, the Commissioner of Social Security shall disclose to any Federal law enforcement agency the records described in paragraph (2) if such law enforcement agency requests such records for the purpose of investigating a violation of this section or any other felony offense.CommentsClose CommentsPermalink
`(2) The records described in this paragraph are records of the Social Security Administration concerning--CommentsClose CommentsPermalink
`(A) the identity, address, location, or financial institution accounts of the holder of a social security account number or social security card;CommentsClose CommentsPermalink
`(B) the application for and issuance of a social security account number or social security card; andCommentsClose CommentsPermalink
`(C) the existence or nonexistence of a social security account number or social security card.CommentsClose CommentsPermalink
`(3) The Commissioner of Social Security may not disclose any tax return or tax return information pursuant to this subsection except as authorized under section 6103 of the Internal Revenue Code of 1986.'.CommentsClose CommentsPermalink
SEC. 259. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out the provisions of this Act, and the amendments made by this Act, including--CommentsClose CommentsPermalink
(1) in each of the 2 fiscal years beginning on the date of the enactment of this Act, the appropriations necessary to hire not fewer than 2,500 new personnel at the Department of Homeland Security assigned exclusively or principally to an office or offices dedicated to monitoring and enforcing compliance with sections 274A and 274C of the Immigration and Nationality Act (
(A) verifying the Employment Identification Numbers of employers participating in the Employment Eligibility Verification System (referred to in this section as `EEVS');CommentsClose CommentsPermalink
(B) verifying compliance of employers participating in EEVS with the requirements for participation that are prescribed by the Secretary;CommentsClose CommentsPermalink
(C) monitoring EEVS for multiple uses of Social Security numbers and any immigration identification numbers for evidence that could indicate identity theft or fraud;CommentsClose CommentsPermalink
(D) monitoring EEVS to identify discriminatory practices;CommentsClose CommentsPermalink
(E) monitoring EEVS to identify employers who are not using the system properly, including employers who fail to make appropriate records with respect to their queries and any notices of confirmation, nonconfirmation, or further action;CommentsClose CommentsPermalink
(F) identifying instances in which employees allege that an employer violated their privacy rights;CommentsClose CommentsPermalink
(G) analyzing and auditing the use of EEVS and the data obtained through EEVS to--CommentsClose CommentsPermalink
(i) identify fraud trends, including fraud trends across industries, geographical areas, or employer size; andCommentsClose CommentsPermalink
(ii) develop compliance tools as necessary to respond to changing patterns of fraud;CommentsClose CommentsPermalink
(H) providing employers with additional training and other information on the proper use of EEVS;CommentsClose CommentsPermalink
(I) performing threshold evaluation of cases for referral to United States Immigration and Customs Enforcement and to liaise with such agency with respect to these referrals;CommentsClose CommentsPermalink
(J) any other compliance and monitoring activities that, in the Secretary's judgment, are necessary to ensure the functioning of EEVS;CommentsClose CommentsPermalink
(K) investigating identity theft and fraud detected through EEVS and undertake the necessary enforcement actions;CommentsClose CommentsPermalink
(L) investigating the use of fraudulent documents or access to fraudulent documents through local facilitation and undertake the necessary enforcement actions;CommentsClose CommentsPermalink
(M) providing support to United States Citizenship and Immigration Services with respect to the evaluation of cases for referral to United States Immigration and Customs Enforcement; andCommentsClose CommentsPermalink
(N) performing any other investigation that the Secretary determines to be necessary to ensure the functioning of EEVS, and undertake any enforcement actions necessary as a result of these investigations; andCommentsClose CommentsPermalink
(2) the appropriations necessary to acquire, install, and maintain technological equipment necessary to support the functioning of EEVS and the connectivity between United States Citizenship and Immigration Services and United States Immigration and Customs Enforcement with respect to the sharing of information to support EEVS and related immigration enforcement actions.CommentsClose CommentsPermalink
(b) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) COMMISSION OF SOCIAL SECURITY- There are authorized to be appropriated to Commissioner of Social Security such sums as may be necessary to carry out the duties of the Commissioner under this subtitle and the amendments made by this subtitle.CommentsClose CommentsPermalink
(2) SECRETARY OF HOMELAND SECURITY- In addition to any other amounts authorized to be appropriated in this Act, there are authorized to be appropriated to the Secretary, in each of the 2 fiscal years beginning after the date of the enactment of this Act, such sums as may be necessary to annually hire not fewer than 2,500 personnel of the Department of Homeland Security, who shall be assigned exclusively or principally to an office or offices dedicated to monitoring and enforcing compliance with sections 274A and 274C of the Immigration and Nationality Act (
Calendar No. 465CommentsClose CommentsPermalink
To strengthen immigration enforcement and border security and for other purposes.CommentsClose CommentsPermalink
November 2, 2007
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