U.S. Congress - Text of S.330 as Introduced in Senate Immigration Reform bill
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A bill to authorize secure borders and comprehensive immigration reform, and for other purposes.
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S 330 ISCommentsClose CommentsPermalink
To authorize secure borders and comprehensive immigration reform, and for other purposes.CommentsClose CommentsPermalink
January 18, 2007
Mr. ISAKSON introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
To authorize secure borders and comprehensive immigration reform, 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 `Border Security and Immigration Reform 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 ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
Sec. 101. Enforcement personnel.CommentsClose CommentsPermalink
Sec. 102. Technological assets.CommentsClose CommentsPermalink
Sec. 103. Infrastructure.CommentsClose CommentsPermalink
Sec. 104. Border Patrol checkpoints.CommentsClose CommentsPermalink
Sec. 105. Ports of entry.CommentsClose CommentsPermalink
Sec. 106. Construction of strategic border fencing and vehicle barriers.CommentsClose CommentsPermalink
Subtitle B--Border Security Plans, Strategies, and Reports
Sec. 111. Surveillance plan.CommentsClose CommentsPermalink
Sec. 112. National Strategy for Border Security.CommentsClose CommentsPermalink
Sec. 113. Reports on improving the exchange of information on North American security.CommentsClose CommentsPermalink
Sec. 114. Improving the security of Mexico's southern border.CommentsClose CommentsPermalink
Sec. 115. Combating human smuggling.CommentsClose CommentsPermalink
Sec. 116. Deaths at United States-Mexico border.CommentsClose CommentsPermalink
Sec. 117. Cooperation with the Government of Mexico.CommentsClose CommentsPermalink
Subtitle C--Other Border Security Initiatives
Sec. 121. Biometric data enhancements.CommentsClose CommentsPermalink
Sec. 122. Secure communication.CommentsClose CommentsPermalink
Sec. 123. Border Patrol training capacity review.CommentsClose CommentsPermalink
Sec. 124. US-VISIT System.CommentsClose CommentsPermalink
Sec. 125. Document fraud detection.CommentsClose CommentsPermalink
Sec. 126. Improved document integrity.CommentsClose CommentsPermalink
Sec. 127. Cancellation of visas.CommentsClose CommentsPermalink
Sec. 128. Biometric entry-exit system.CommentsClose CommentsPermalink
Sec. 129. Border study.CommentsClose CommentsPermalink
Sec. 130. Secure Border Initiative financial accountability.CommentsClose CommentsPermalink
Sec. 131. Mandatory detention for aliens apprehended at or between ports of entry.CommentsClose CommentsPermalink
Sec. 132. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements.CommentsClose CommentsPermalink
Sec. 133. Temporary National Guard support for securing the southern land border of the United States.CommentsClose CommentsPermalink
Sec. 134. Report on incentives to encourage certain Members and former Members of the Armed Forces to serve in the Bureau of Customs and Border Protection.CommentsClose CommentsPermalink
Sec. 135. Western Hemisphere Travel Initiative.CommentsClose CommentsPermalink
Sec. 136. Recruitment and retention program.CommentsClose CommentsPermalink
Subtitle D--Border Law Enforcement Relief Act
Sec. 141. Short title.CommentsClose CommentsPermalink
Sec. 142. Findings.CommentsClose CommentsPermalink
Sec. 143. Border relief grant program.CommentsClose CommentsPermalink
Sec. 144. Enforcement of Federal immigration law.CommentsClose CommentsPermalink
Subtitle E--Rapid Response Measures
Sec. 151. Deployment of Border Patrol agents.CommentsClose CommentsPermalink
Sec. 152. Border Patrol major assets.CommentsClose CommentsPermalink
Sec. 153. Electronic equipment.CommentsClose CommentsPermalink
Sec. 154. Personal equipment.CommentsClose CommentsPermalink
Sec. 155. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE II--INTERIOR ENFORCEMENT
Sec. 201. Removal and denial of benefits to terrorist aliens.CommentsClose CommentsPermalink
Sec. 202. Detention and removal of aliens ordered removed.CommentsClose CommentsPermalink
Sec. 203. Aggravated felony.CommentsClose CommentsPermalink
Sec. 204. Terrorist bars.CommentsClose CommentsPermalink
Sec. 205. Increased criminal penalties related to gang violence, removal, and alien smuggling.CommentsClose CommentsPermalink
Sec. 206. Illegal entry.CommentsClose CommentsPermalink
Sec. 207. Illegal reentry.CommentsClose CommentsPermalink
Sec. 208. Reform of passport, visa, and immigration fraud offenses.CommentsClose CommentsPermalink
Sec. 209. Inadmissibility and removal for passport and immigration fraud offenses.CommentsClose CommentsPermalink
Sec. 210. Incarceration of criminal aliens.CommentsClose CommentsPermalink
Sec. 211. Encouraging aliens to depart voluntarily.CommentsClose CommentsPermalink
Sec. 212. Deterring aliens ordered removed from remaining in the United States unlawfully.CommentsClose CommentsPermalink
Sec. 213. Prohibition of the sale of firearms to, or the possession of, firearms by certain aliens.CommentsClose CommentsPermalink
Sec. 214. Uniform statute of limitations for certain immigration, naturalization, and peonage offenses.CommentsClose CommentsPermalink
Sec. 215. Diplomatic security service.CommentsClose CommentsPermalink
Sec. 216. Field agent allocation and background checks.CommentsClose CommentsPermalink
Sec. 217. Construction.CommentsClose CommentsPermalink
Sec. 218. State Criminal Alien Assistance Program.CommentsClose CommentsPermalink
Sec. 219. Transportation and processing of illegal aliens apprehended by State and local law enforcement officers.CommentsClose CommentsPermalink
Sec. 220. Reducing illegal immigration and alien smuggling on tribal lands.CommentsClose CommentsPermalink
Sec. 221. Alternatives to detention.CommentsClose CommentsPermalink
Sec. 222. Conforming amendment.CommentsClose CommentsPermalink
Sec. 223. Reporting requirements.CommentsClose CommentsPermalink
Sec. 224. State and local enforcement of Federal immigration laws.CommentsClose CommentsPermalink
Sec. 225. Removal of drunk drivers.CommentsClose CommentsPermalink
Sec. 226. Medical services in underserved areas.CommentsClose CommentsPermalink
Sec. 227. Expedited removal.CommentsClose CommentsPermalink
Sec. 228. Protecting immigrants from convicted sex offenders.CommentsClose CommentsPermalink
Sec. 229. Law enforcement authority of States and political subdivisions and transfer to Federal custody.CommentsClose CommentsPermalink
Sec. 230. Laundering of monetary instruments.CommentsClose CommentsPermalink
Sec. 231. Listing of immigration violators in the National Crime Information Center database.CommentsClose CommentsPermalink
Sec. 232. Cooperative enforcement programs.CommentsClose CommentsPermalink
Sec. 233. 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. 234. Determination of Immigration status of individuals charged with Federal offenses.CommentsClose CommentsPermalink
Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.CommentsClose CommentsPermalink
TITLE III--ILLEGAL ALIEN REGISTRATION
Sec. 301. Registration for illegal workers.CommentsClose CommentsPermalink
Sec. 302. Guest worker program.CommentsClose CommentsPermalink
Sec. 303. Effective date.CommentsClose CommentsPermalink
TITLE IV--PENALTIES
Sec. 401. Increased criminal penalties for document fraud.CommentsClose CommentsPermalink
Sec. 402. Increased criminal penalties for certain crimes.CommentsClose CommentsPermalink
Sec. 403. Additional penalties.CommentsClose CommentsPermalink
TITLE V--REMOVAL AND VIOLATION TRACKING
Sec. 501. Institutional removal program.CommentsClose CommentsPermalink
Sec. 502. Authorization for detention after completion of state or local prison sentence.CommentsClose CommentsPermalink
Sec. 503. Use of the National Crime Information Center Database to track violations of immigration law.CommentsClose CommentsPermalink
TITLE VI--BORDER SECURITY CERTIFICATION
Sec. 601. Border security certification.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- Except as otherwise provided, the term `Department' means the Department of Homeland Security.CommentsClose CommentsPermalink
(2) SECRETARY- Except as otherwise provided, the term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
SEC. 101. ENFORCEMENT PERSONNEL.
(a) Additional Personnel-CommentsClose CommentsPermalink
(1) PORT OF ENTRY INSPECTORS- In each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not less than 500 the number of positions for full-time active duty port of entry inspectors and provide appropriate training, equipment, and support to such additional inspectors.CommentsClose CommentsPermalink
(2) INVESTIGATIVE PERSONNEL-CommentsClose CommentsPermalink
(A) IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS- Section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(B) ADDITIONAL PERSONNEL- In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by subparagraph (A), during each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not less than 200 the number of positions for personnel within the Department assigned to investigate alien smuggling.CommentsClose CommentsPermalink
(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 investigate criminal matters related to immigration.CommentsClose CommentsPermalink
(4) RECRUITMENT OF FORMER MILITARY PERSONNEL-CommentsClose CommentsPermalink
(A) IN GENERAL- 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) REPORT- Not later than 180 days after the date of the enactment of this Act, the Commissioner shall submit a report on the implementation of the recruitment program established pursuant to subparagraph (A) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink
(b) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) PORT OF ENTRY INSPECTORS- 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 paragraph (1) of subsection (a).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) 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--CommentsClose CommentsPermalink
`(1) 2,800 in fiscal year 2008;CommentsClose CommentsPermalink
`(2) 2,800 in fiscal year 2009;CommentsClose CommentsPermalink
`(3) 2,800 in fiscal year 2010;CommentsClose CommentsPermalink
`(4) 2,800 in fiscal year 2011; andCommentsClose CommentsPermalink
`(5) 2,800 in fiscal year 2012;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) 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 section.'.CommentsClose CommentsPermalink
SEC. 102. TECHNOLOGICAL ASSETS.
(a) Acquisition-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to the availability of appropriations, the Secretary shall procure additional unmanned aerial vehicles and related equipment as described in paragraph (2), cameras, poles, sensors, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a `virtual fence' along such international borders to provide a barrier to illegal immigration.CommentsClose CommentsPermalink
(2) UNMANNED AERIAL VEHICLES- The unmanned aerial vehicles and related equipment described in this paragraph are MQ-9 unmanned aerial vehicles and related equipment including--CommentsClose CommentsPermalink
(A) additional sensors;CommentsClose CommentsPermalink
(B) critical spares;CommentsClose CommentsPermalink
(C) satellite command and control; andCommentsClose CommentsPermalink
(D) other necessary equipment for operational support.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) Report- Not later than 6 months after the date of enactment of this Act, the Secretary and the Secretary of Defense shall submit to Congress a report that contains--CommentsClose CommentsPermalink
(1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the risks to citizens of the United States and foreign policy interests associated with the use of such equipment;CommentsClose CommentsPermalink
(2) the plan developed under subsection (b) to increase the use of Department of Defense equipment to assist such surveillance activities; andCommentsClose CommentsPermalink
(3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report.CommentsClose CommentsPermalink
(d) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- 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), including to carry out paragraph (2) of such subsection--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 the authorization of appropriations set out in subparagraphs (A) and (B) of paragraph (1) are authorized to remain available until expended.CommentsClose CommentsPermalink
(e) Unmanned Aerial Vehicle Pilot Program- During the 1-year period beginning on the date on which the report is submitted under subsection (c), the Secretary shall conduct a pilot program to test unmanned aerial vehicles for border surveillance along the international border between Canada and the United States.CommentsClose CommentsPermalink
(f) Construction- Nothing in this section may be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under
SEC. 103. INFRASTRUCTURE.
(a) Construction of Border Control Facilities- Subject to the availability of appropriations, the Secretary shall construct all-weather roads and acquire additional vehicle barriers and facilities necessary to achieve operational control of the international borders of the United States.CommentsClose CommentsPermalink
(b) 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. 104. BORDER PATROL CHECKPOINTS.
The Secretary may maintain temporary or permanent checkpoints on roadways in border patrol sectors that are located in proximity to the international border between the United States and Mexico.CommentsClose CommentsPermalink
SEC. 105. PORTS OF ENTRY.
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 in existence on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS.
(a) Tucson Sector- The Secretary shall--CommentsClose CommentsPermalink
(1) replace all aged, deteriorating, or damaged primary fencing in the Tucson Sector located proximate to population centers in Douglas, Nogales, Naco, and Lukeville, Arizona with double- or triple-layered fencing running parallel to the international border between the United States and Mexico;CommentsClose CommentsPermalink
(2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas, except that the double- or triple-layered fence shall extend west of Naco, Arizona, for a distance of 10 miles; andCommentsClose CommentsPermalink
(3) construct not less than 150 miles of vehicle barriers and all-weather roads in the Tucson Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross-border traffic.CommentsClose CommentsPermalink
(b) Yuma Sector- The Secretary shall--CommentsClose CommentsPermalink
(1) replace all aged, deteriorating, or damaged primary fencing in the Yuma Sector located proximate to population centers in Yuma, Somerton, and San Luis, Arizona with double- or triple-layered fencing running parallel to the international border between the United States and Mexico;CommentsClose CommentsPermalink
(2) extend the double- or triple-layered fencing for a distance of not less than 2 miles beyond urban areas in the Yuma Sector; andCommentsClose CommentsPermalink
(3) construct not less than 50 miles of vehicle barriers and all-weather roads in the Yuma Sector running parallel to the international border between the United States and Mexico in areas that are known transit points for illegal cross-border traffic.CommentsClose CommentsPermalink
(c) Other High Trafficked Areas- The Secretary shall construct not less than 370 miles of triple-layered fencing which may include portions already constructed in San Diego Tucson and Yuma Sectors, and 500 miles of vehicle barriers in other areas along the southwest border that the Secretary determines are areas that are most often used by smugglers and illegal aliens attempting to gain illegal entry into the United States.CommentsClose CommentsPermalink
(d) Construction Deadline- The Secretary shall immediately commence construction of the fencing, barriers, and roads described in subsections (a), (b), and (c) and shall complete such construction not later than 2 years after the date of the enactment of this Act.CommentsClose CommentsPermalink
(e) Report- Not later than 1 year 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 describes the progress that has been made in constructing the fencing, barriers, and roads described in subsections (a), (b), and (c).CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
Subtitle B--Border Security Plans, Strategies, and Reports
SEC. 111. SURVEILLANCE PLAN.
(a) Requirement for Plan- The Secretary shall develop a comprehensive plan for the systematic surveillance of the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(b) Content- The plan required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) An assessment of existing technologies employed on the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(2) A description of the compatibility of new surveillance technologies with surveillance technologies in use by the Secretary on the date of the enactment of this Act.CommentsClose CommentsPermalink
(3) A description of how the Commissioner of the United States Customs and Border Protection of the Department is working, or is expected to work, with the Under Secretary for Science and Technology of the Department to identify and test surveillance technology.CommentsClose CommentsPermalink
(4) A description of the specific surveillance technology to be deployed.CommentsClose CommentsPermalink
(5) Identification of any obstacles that may impede such deployment.CommentsClose CommentsPermalink
(6) A detailed estimate of all costs associated with such deployment and with continued maintenance of such technologies.CommentsClose CommentsPermalink
(7) A description of how the Secretary is working with the Administrator of the Federal Aviation Administration on safety and airspace control issues associated with the use of unmanned aerial vehicles.CommentsClose CommentsPermalink
(c) Submission to Congress- Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to Congress the plan required by this section.CommentsClose CommentsPermalink
SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy- The Secretary, in consultation with the heads of other appropriate Federal agencies, shall develop a National Strategy for Border Security that describes actions to be carried out to achieve operational control over all ports of entry into the United States and the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(b) Content- The National Strategy for Border Security shall include the following:CommentsClose CommentsPermalink
(1) The implementation schedule for the comprehensive plan for systematic surveillance described in section 111.CommentsClose CommentsPermalink
(2) An assessment of the threat posed by terrorists and terrorist groups that may try to infiltrate the United States at locations along the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(3) A risk assessment for all United States ports of entry and all portions of the international land and maritime borders of the United States that includes a description of activities being undertaken--CommentsClose CommentsPermalink
(A) to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States; andCommentsClose CommentsPermalink
(B) to protect critical infrastructure at or near such ports of entry or borders.CommentsClose CommentsPermalink
(4) An assessment of the legal requirements that prevent achieving and maintaining operational control over the entire international land and maritime borders of the United States.CommentsClose CommentsPermalink
(5) An assessment of the most appropriate, practical, and cost-effective means of defending the international land and maritime borders of the United States against threats to security and illegal transit, including intelligence capacities, technology, equipment, personnel, and training needed to address security vulnerabilities.CommentsClose CommentsPermalink
(6) An assessment of staffing needs for all border security functions, taking into account threat and vulnerability information pertaining to the borders and the impact of new security programs, policies, and technologies.CommentsClose CommentsPermalink
(7) A description of the border security roles and missions of Federal, State, regional, local, and tribal authorities, and recommendations regarding actions the Secretary can carry out to improve coordination with such authorities to enable border security and enforcement activities to be carried out in a more efficient and effective manner.CommentsClose CommentsPermalink
(8) An assessment of existing efforts and technologies used for border security and the effect of the use of such efforts and technologies on civil rights, personal property rights, privacy rights, and civil liberties, including an assessment of efforts to take into account asylum seekers, trafficking victims, unaccompanied minor aliens, and other vulnerable populations.CommentsClose CommentsPermalink
(9) A prioritized list of research and development objectives to enhance the security of the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(10) A description of ways to ensure that the free flow of travel and commerce is not diminished by efforts, activities, and programs aimed at securing the international land and maritime borders of the United States.CommentsClose CommentsPermalink
(11) An assessment of additional detention facilities and beds that are needed to detain unlawful aliens apprehended at United States ports of entry or along the international land borders of the United States.CommentsClose CommentsPermalink
(12) A description of the performance metrics to be used to ensure accountability by the bureaus of the Department in implementing such Strategy.CommentsClose CommentsPermalink
(13) A schedule for the implementation of the security measures described in such Strategy, including a prioritization of security measures, realistic deadlines for addressing the security and enforcement needs, an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated.CommentsClose CommentsPermalink
(c) Consultation- In developing the National Strategy for Border Security, the Secretary shall consult with representatives of--CommentsClose CommentsPermalink
(1) State, local, and tribal authorities with responsibility for locations along the international land and maritime borders of the United States; andCommentsClose CommentsPermalink
(2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border security.CommentsClose CommentsPermalink
(d) Coordination- The National Strategy for Border Security shall be consistent with the National Strategy for Maritime Security developed pursuant to Homeland Security Presidential Directive 13, dated December 21, 2004.CommentsClose CommentsPermalink
(e) Submission to Congress-CommentsClose CommentsPermalink
(1) STRATEGY- Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress the National Strategy for Border Security.CommentsClose CommentsPermalink
(2) UPDATES- The Secretary shall submit to Congress any update of such Strategy that the Secretary determines is necessary, not later than 30 days after such update is developed.CommentsClose CommentsPermalink
(f) Immediate Action- Nothing in this section or section 111 may be construed to relieve the Secretary of the responsibility to take all actions necessary and appropriate to achieve and maintain operational control over the entire international land and maritime borders of the United States.CommentsClose CommentsPermalink
SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN SECURITY.
(a) Requirement for Reports- Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary of State, in coordination with the Secretary and the heads of other appropriate Federal agencies, shall submit to Congress a report on improving the exchange of information related to the security of North America.CommentsClose CommentsPermalink
(b) Contents- Each report submitted under subsection (a) shall contain a description of the following:CommentsClose CommentsPermalink
(1) SECURITY CLEARANCES AND DOCUMENT INTEGRITY- The progress made toward the development of common enrollment, security, technical, and biometric standards for the issuance, authentication, validation, and repudiation of secure documents, including--CommentsClose CommentsPermalink
(A) technical and biometric standards based on best practices and consistent with international standards for the issuance, authentication, validation, and repudiation of travel documents, including--CommentsClose CommentsPermalink
(i) passports;CommentsClose CommentsPermalink
(ii) visas; andCommentsClose CommentsPermalink
(iii) permanent resident cards;CommentsClose CommentsPermalink
(B) working with Canada and Mexico to encourage foreign governments to enact laws to combat alien smuggling and trafficking, and laws to forbid the use and manufacture of fraudulent travel documents and to promote information sharing;CommentsClose CommentsPermalink
(C) applying the necessary pressures and support to ensure that other countries meet proper travel document standards and are committed to travel document verification before the citizens of such countries travel internationally, including travel by such citizens to the United States; andCommentsClose CommentsPermalink
(D) providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with visa and travel documents.CommentsClose CommentsPermalink
(2) IMMIGRATION AND VISA MANAGEMENT- The progress of efforts to share information regarding high-risk individuals who may attempt to enter Canada, Mexico, or the United States, including the progress made--CommentsClose CommentsPermalink
(A) in implementing the Statement of Mutual Understanding on Information Sharing, signed by Canada and the United States in February 2003; andCommentsClose CommentsPermalink
(B) in identifying trends related to immigration fraud, including asylum and document fraud, and to analyze such trends.CommentsClose CommentsPermalink
(3) VISA POLICY COORDINATION AND IMMIGRATION SECURITY- The progress made by Canada, Mexico, and the United States to enhance the security of North America by cooperating on visa policy and identifying best practices regarding immigration security, including the progress made--CommentsClose CommentsPermalink
(A) in enhancing consultation among officials who issue visas at the consulates or embassies of Canada, Mexico, or the United States throughout the world to share information, trends, and best practices on visa flows;CommentsClose CommentsPermalink
(B) in comparing the procedures and policies of Canada and the United States related to visitor visa processing, including--CommentsClose CommentsPermalink
(i) application process;CommentsClose CommentsPermalink
(ii) interview policy;CommentsClose CommentsPermalink
(iii) general screening procedures;CommentsClose CommentsPermalink
(iv) visa validity;CommentsClose CommentsPermalink
(v) quality control measures; andCommentsClose CommentsPermalink
(vi) access to appeal or review;CommentsClose CommentsPermalink
(C) in exploring methods for Canada, Mexico, and the United States to waive visa requirements for nationals and citizens of the same foreign countries;CommentsClose CommentsPermalink
(D) in providing technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with immigration violators;CommentsClose CommentsPermalink
(E) in developing and implementing an immigration security strategy for North America that works toward the development of a common security perimeter by enhancing technical assistance for programs and systems to support advance automated reporting and risk targeting of international passengers;CommentsClose CommentsPermalink
(F) in sharing information on lost and stolen passports on a real-time basis among immigration or law enforcement officials of Canada, Mexico, and the United States; andCommentsClose CommentsPermalink
(G) in collecting 10 fingerprints from each individual who applies for a visa.CommentsClose CommentsPermalink
(4) NORTH AMERICAN VISITOR OVERSTAY PROGRAM- The progress made by Canada and the United States in implementing parallel entry-exit tracking systems that, while respecting the privacy laws of both countries, share information regarding third country nationals who have overstayed their period of authorized admission in either Canada or the United States.CommentsClose CommentsPermalink
(5) TERRORIST WATCH LISTS- The progress made in enhancing the capacity of the United States to combat terrorism through the coordination of counterterrorism efforts, including the progress made--CommentsClose CommentsPermalink
(A) in developing and implementing bilateral agreements between Canada and the United States and between Mexico and the United States to govern the sharing of terrorist watch list data and to comprehensively enumerate the uses of such data by the governments of each country;CommentsClose CommentsPermalink
(B) in establishing appropriate linkages among Canada, Mexico, and the United States Terrorist Screening Center; andCommentsClose CommentsPermalink
(C) in exploring with foreign governments the establishment of a multilateral watch list mechanism that would facilitate direct coordination between the country that identifies an individual as an individual included on a watch list, and the country that owns such list, including procedures that satisfy the security concerns and are consistent with the privacy and other laws of each participating country.CommentsClose CommentsPermalink
(6) MONEY LAUNDERING, CURRENCY SMUGGLING, AND ALIEN SMUGGLING- The progress made in improving information sharing and law enforcement cooperation in combating organized crime, including the progress made--CommentsClose CommentsPermalink
(A) in combating currency smuggling, money laundering, alien smuggling, and trafficking in alcohol, firearms, and explosives;CommentsClose CommentsPermalink
(B) in implementing the agreement between Canada and the United States known as the Firearms Trafficking Action Plan;CommentsClose CommentsPermalink
(C) in determining the feasibility of formulating a firearms trafficking action plan between Mexico and the United States;CommentsClose CommentsPermalink
(D) in developing a joint threat assessment on organized crime between Canada and the United States;CommentsClose CommentsPermalink
(E) in determining the feasibility of formulating a joint threat assessment on organized crime between Mexico and the United States;CommentsClose CommentsPermalink
(F) in developing mechanisms to exchange information on findings, seizures, and capture of individuals transporting undeclared currency; andCommentsClose CommentsPermalink
(G) in developing and implementing a plan to combat the transnational threat of illegal drug trafficking.CommentsClose CommentsPermalink
(7) LAW ENFORCEMENT COOPERATION- The progress made in enhancing law enforcement cooperation among Canada, Mexico, and the United States through enhanced technical assistance for the development and maintenance of a national database built upon identified best practices for biometrics associated with known and suspected criminals or terrorists, including exploring the formation of law enforcement teams that include personnel from the United States and Mexico, and appropriate procedures for such teams.CommentsClose CommentsPermalink
SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.
(a) Technical Assistance- The Secretary of State, in coordination with the Secretary, shall work to cooperate with the head of Foreign Affairs Canada and the appropriate officials of the Government of Mexico to establish a program--CommentsClose CommentsPermalink
(1) to assess the specific needs of Guatemala and Belize in maintaining the security of the international borders of such countries;CommentsClose CommentsPermalink
(2) to use the assessment made under paragraph (1) to determine the financial and technical support needed by Guatemala and Belize from Canada, Mexico, and the United States to meet such needs;CommentsClose CommentsPermalink
(3) to provide technical assistance to Guatemala and Belize to promote issuance of secure passports and travel documents by such countries; andCommentsClose CommentsPermalink
(4) to encourage Guatemala and Belize--CommentsClose CommentsPermalink
(A) to control alien smuggling and trafficking;CommentsClose CommentsPermalink
(B) to prevent the use and manufacture of fraudulent travel documents; andCommentsClose CommentsPermalink
(C) to share relevant information with Mexico, Canada, and the United States.CommentsClose CommentsPermalink
(b) Border Security for Belize, Guatemala, and Mexico- The Secretary, in consultation with the Secretary of State, shall work to cooperate--CommentsClose CommentsPermalink
(1) with the appropriate officials of the Government of Guatemala and the Government of Belize to provide law enforcement assistance to Guatemala and Belize that specifically addresses immigration issues to increase the ability of the Government of Guatemala to dismantle human smuggling organizations and gain additional control over the international border between Guatemala and Belize; andCommentsClose CommentsPermalink
(2) with the appropriate officials of the Government of Belize, the Government of Guatemala, the Government of Mexico, and the governments of neighboring contiguous countries to establish a program to provide needed equipment, technical assistance, and vehicles to manage, regulate, and patrol the international borders between Mexico and Guatemala and between Mexico and Belize.CommentsClose CommentsPermalink
(c) Tracking Central American Gangs- The Secretary of State, in coordination with the Secretary and the Director of the Federal Bureau of Investigation, shall work to cooperate with the appropriate officials of the Government of Mexico, the Government of Guatemala, the Government of Belize, and the governments of other Central American countries--CommentsClose CommentsPermalink
(1) to assess the direct and indirect impact on the United States and Central America of deporting violent criminal aliens;CommentsClose CommentsPermalink
(2) to establish a program and database to track individuals involved in Central American gang activities;CommentsClose CommentsPermalink
(3) to develop a mechanism that is acceptable to the governments of Belize, Guatemala, Mexico, the United States, and other appropriate countries to notify such a government if an individual suspected of gang activity will be deported to that country prior to the deportation and to provide support for the reintegration of such deportees into that country; andCommentsClose CommentsPermalink
(4) to develop an agreement to share all relevant information related to individuals connected with Central American gangs.CommentsClose CommentsPermalink
(d) Limitations on Assistance- Any funds made available to carry out this section shall be subject to the limitations contained in section 551 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 2006 (
SEC. 115. COMBATING HUMAN SMUGGLING.
(a) Requirement for Plan- The Secretary shall develop and implement a plan to improve coordination between the Bureau of Immigration and Customs Enforcement and the Bureau of 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. 116. DEATHS AT UNITED STATES-MEXICO BORDER.
(a) Collection of Statistics- The Commissioner of the Bureau of Customs and Border Protection shall collect statistics relating to deaths occurring at the border between the United States and Mexico, including--CommentsClose CommentsPermalink
(1) the causes of the deaths; andCommentsClose CommentsPermalink
(2) the total number of deaths.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Commissioner of the Bureau of Customs and Border Protection shall submit to the Secretary a report that--CommentsClose CommentsPermalink
(1) analyzes trends with respect to the statistics collected under subsection (a) during the preceding year; andCommentsClose CommentsPermalink
(2) recommends actions to reduce the deaths described in subsection (a).CommentsClose CommentsPermalink
SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security- The Secretary of State, in cooperation with the Secretary and representatives of Federal, State, and local law enforcement agencies that are involved in border security and immigration enforcement efforts, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico regarding--CommentsClose CommentsPermalink
(1) improved border security along the international border between the United States and Mexico;CommentsClose CommentsPermalink
(2) the reduction of human trafficking and smuggling between the United States and Mexico;CommentsClose CommentsPermalink
(3) the reduction of drug trafficking and smuggling between the United States and Mexico;CommentsClose CommentsPermalink
(4) the reduction of gang membership in the United States and Mexico;CommentsClose CommentsPermalink
(5) the reduction of violence against women in the United States and Mexico; andCommentsClose CommentsPermalink
(6) the reduction of other violence and criminal activity.CommentsClose CommentsPermalink
(b) Cooperation Regarding Education on Immigration Laws- The Secretary of State, in cooperation with other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to carry out activities to educate citizens and nationals of Mexico regarding eligibility for status as a nonimmigrant under Federal law to ensure that the citizens and nationals are not exploited while working in the United States.CommentsClose CommentsPermalink
(c) Cooperation Regarding Circular Migration- The Secretary of State, in cooperation with the Secretary of Labor and other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico to encourage circular migration, including assisting in the development of economic opportunities and providing job training for citizens and nationals in Mexico.CommentsClose CommentsPermalink
(d) Consultation Requirement- Federal, State, and local representatives in the United States shall consult with their counterparts in Mexico concerning the construction of additional fencing and related border security structures along the international border between the United States and Mexico, as authorized by this title, before the commencement of any such construction in order to--CommentsClose CommentsPermalink
(1) solicit the views of affected communities;CommentsClose CommentsPermalink
(2) lessen tensions; andCommentsClose CommentsPermalink
(3) foster greater understanding and stronger cooperation on this and other important security issues of mutual concern.CommentsClose CommentsPermalink
(e) Annual Report- Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary of State shall submit to Congress a report on the actions taken by the United States and Mexico under this section.CommentsClose CommentsPermalink
Subtitle C--Other Border Security Initiatives
SEC. 121. 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 (IDENT) of the Department and the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation to ensure more expeditious data searches; andCommentsClose CommentsPermalink
(2) in consultation with 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. 122. 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;CommentsClose CommentsPermalink
(3) between Border Patrol agents and residents in remote areas along the international land borders of the United States; andCommentsClose CommentsPermalink
(4) between all appropriate border security agencies of the Department and State, local, and tribal law enforcement agencies.CommentsClose CommentsPermalink
SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General- The Comptroller General of the United States shall conduct a review of the basic training provided to Border Patrol agents by the Secretary to ensure that such training is provided as efficiently and cost-effectively as possible.CommentsClose CommentsPermalink
(b) Components of Review- The review under subsection (a) shall include the following components:CommentsClose CommentsPermalink
(1) An evaluation of the length and content of the basic training curriculum provided to new Border Patrol agents by the Federal Law Enforcement Training Center, including a description of how such curriculum has changed since September 11, 2001, and an evaluation of language and cultural diversity training programs provided within such curriculum.CommentsClose CommentsPermalink
(2) A review and a detailed breakdown of the costs incurred by the Bureau of Customs and Border Protection and the Federal Law Enforcement Training Center to train 1 new Border Patrol agent.CommentsClose CommentsPermalink
(3) A comparison, based on the review and breakdown under paragraph (2), of the costs, effectiveness, scope, and quality, including geographic characteristics, with other similar training programs provided by State and local agencies, nonprofit organizations, universities, and the private sector.CommentsClose CommentsPermalink
(4) An evaluation of whether utilizing comparable non-Federal training programs, proficiency testing, and long-distance learning programs may affect--CommentsClose CommentsPermalink
(A) the cost-effectiveness of increasing the number of Border Patrol agents trained per year;CommentsClose CommentsPermalink
(B) the per agent costs of basic training; andCommentsClose CommentsPermalink
(C) the scope and quality of basic training needed to fulfill the mission and duties of a Border Patrol agent.CommentsClose CommentsPermalink
SEC. 124. US-VISIT SYSTEM.
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 land border ports of entry of the United States with the U.S.-Visitor and Immigrant Status Indicator Technology (US-VISIT) system 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 the US-VISIT system; andCommentsClose CommentsPermalink
(3) making interoperable all immigration screening systems operated by the Secretary.CommentsClose CommentsPermalink
SEC. 125. DOCUMENT FRAUD DETECTION.
(a) Training- Subject to the availability of appropriations, the Secretary shall provide all 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 the Bureau of Immigration and Customs Enforcement.CommentsClose CommentsPermalink
(b) Forensic Document Laboratory- The Secretary shall provide all Customs and Border Protection officers with access to the Forensic Document Laboratory.CommentsClose CommentsPermalink
(c) Assessment-CommentsClose CommentsPermalink
(1) REQUIREMENT FOR ASSESSMENT- The Inspector General of the Department shall conduct an independent assessment of the accuracy and reliability of the Forensic Document Laboratory.CommentsClose CommentsPermalink
(2) REPORT TO CONGRESS- Not later than 6 months after the date of the enactment of this Act, the Inspector General shall submit to Congress the findings of the assessment required by paragraph (1).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink
SEC. 126. IMPROVED DOCUMENT INTEGRITY.
(a) In General- Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (
(1) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(2) in the heading, by striking `entry and exit documents' and inserting `travel and entry documents and evidence of status';CommentsClose CommentsPermalink
(3) in subsection (b)(1)--CommentsClose CommentsPermalink
(A) by striking `Not later than October 26, 2004, the' and inserting `The'; andCommentsClose CommentsPermalink
(B) by striking `visas and' both places it appears and inserting `visas, evidence of status, and';CommentsClose CommentsPermalink
(4) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(5) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
`(d) Other Documents- Not later than October 26, 2008, every document, other than an interim document, issued by the Secretary of Homeland Security, which may be used as evidence of an alien's status as an immigrant, nonimmigrant, parolee, asylee, or refugee, shall be machine-readable and tamper-resistant, and shall incorporate a biometric identifier to allow the Secretary of Homeland Security to verify electronically the identity and status of the alien.'.CommentsClose CommentsPermalink
SEC. 127. CANCELLATION OF VISAS.
Section 222(g) (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking `Attorney General' and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink
(B) 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. 128. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Collection of Biometric Data From Aliens Departing the United States- Section 215 (
(1) by redesignating subsection (c) as subsection (g);CommentsClose CommentsPermalink
(2) by moving subsection (g), as redesignated by paragraph (1), to the end; andCommentsClose CommentsPermalink
(3) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
`(c) The Secretary of Homeland Security is authorized to require aliens departing the United States to provide biometric data and other information relating to their immigration status.'.CommentsClose CommentsPermalink
(b) Inspection of Applicants for Admission- Section 235(d) (
`(5) AUTHORITY TO COLLECT BIOMETRIC DATA- In conducting inspections under subsection (b), immigration officers are authorized to collect biometric data from--CommentsClose CommentsPermalink
`(A) any applicant for admission or alien seeking to 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
(c) 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
(d) Grounds of Inadmissibility- Section 212 (
(1) in subsection (a)(7), by adding at the end the following:CommentsClose CommentsPermalink
`(C) WITHHOLDERS OF BIOMETRIC DATA- Any alien who knowingly fails to comply with a lawful request for biometric data under section 215(c) or 235(d) is inadmissible.'; andCommentsClose CommentsPermalink
(2) in subsection (d), by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) The Secretary of Homeland Security shall determine whether a ground for inadmissibility exists with respect to an alien described in subparagraph (C) of subsection (a)(7) and may waive the application of such subparagraph for an individual alien or a class of aliens, at the discretion of the Secretary.'.CommentsClose CommentsPermalink
(e) Implementation- Section 7208 of the 9/11 Commission Implementation Act of 2004 (
(1) 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
(2) in subsection (l)--CommentsClose CommentsPermalink
(A) by striking `There are authorized' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- There are authorized'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(2) IMPLEMENTATION AT ALL LAND BORDER PORTS OF ENTRY- There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 and 2009 to implement the automated biometric entry and exit data system at all land border ports of entry.'.CommentsClose CommentsPermalink
SEC. 129. BORDER STUDY.
(a) Southern Border Study- The Secretary, in consultation with the Attorney General, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the Administrator of the Environmental Protection Agency, shall conduct a study on the construction of a system of physical barriers along the southern international land and maritime border of the United States. The study shall include--CommentsClose CommentsPermalink
(1) an assessment of the necessity of constructing such a system, including the identification of areas of high priority for the construction of such a system determined after consideration of factors including the amount of narcotics trafficking and the number of illegal immigrants apprehended in such areas;CommentsClose CommentsPermalink
(2) an assessment of the feasibility of constructing such a system;CommentsClose CommentsPermalink
(3) an assessment of the international, national, and regional environmental impact of such a system, including the impact on zoning, global climate change, ozone depletion, biodiversity loss, and transboundary pollution;CommentsClose CommentsPermalink
(4) an assessment of the necessity for ports of entry along such a system;CommentsClose CommentsPermalink
(5) an assessment of the impact such a system would have on international trade, commerce, and tourism;CommentsClose CommentsPermalink
(6) an assessment of the effect of such a system on private property rights including issues of eminent domain and riparian rights;CommentsClose CommentsPermalink
(7) an estimate of the costs associated with building a barrier system, including costs associated with excavation, construction, and maintenance;CommentsClose CommentsPermalink
(8) an assessment of the effect of such a system on Indian reservations and units of the National Park System;CommentsClose CommentsPermalink
(9) an assessment of the necessity of constructing such a system after the implementation of provisions of this Act relating to guest workers, visa reform, and interior and worksite enforcement, and the likely effect of such provisions on undocumented immigration and the flow of illegal immigrants across the international border of the United States;CommentsClose CommentsPermalink
(10) an assessment of the impact of such a system on diplomatic relations between the United States and Mexico, Central America, and South America, including the likely impact of such a system on existing and potential areas of bilateral and multilateral cooperative enforcement efforts;CommentsClose CommentsPermalink
(11) an assessment of the impact of such a system on the quality of life within border communities in the United States and Mexico, including its impact on noise and light pollution, housing, transportation, security, and environmental health;CommentsClose CommentsPermalink
(12) an assessment of the likelihood that such a system would lead to increased violations of the human rights, health, safety, or civil rights of individuals in the region near the southern international border of the United States, regardless of the immigration status of such individuals;CommentsClose CommentsPermalink
(13) an assessment of the effect such a system would have on violence near the southern international border of the United States; andCommentsClose CommentsPermalink
(14) an assessment of the effect of such a system on the vulnerability of the United States to infiltration by terrorists or other agents intending to inflict direct harm on the United States.CommentsClose CommentsPermalink
(b) Report- Not later than 9 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study described in subsection (a).CommentsClose CommentsPermalink
SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General- The Inspector General of the Department shall review each contract action relating to the Secure Border Initiative having a value of more than $20,000,000, to determine whether each such action fully complies with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority, and women-owned business, and time lines. The Inspector General shall complete a review under this subsection with respect to each contract action--CommentsClose CommentsPermalink
(1) not later than 60 days after the date of the initiation of the action; andCommentsClose CommentsPermalink
(2) upon the conclusion of the performance of the contract.CommentsClose CommentsPermalink
(b) Inspector General-CommentsClose CommentsPermalink
(1) ACTION- If the Inspector General becomes aware of any improper conduct or wrongdoing in the course of conducting a contract review under subsection (a), the Inspector General shall, as expeditiously as practicable, refer information relating to such improper conduct or wrongdoing to the Secretary, or to another appropriate official of the Department, who shall determine whether to temporarily suspend the contractor from further participation in the Secure Border Initiative.CommentsClose CommentsPermalink
(2) REPORT- Upon the completion of each review described in subsection (a), the Inspector General shall submit to the Secretary a report containing the findings of the review, including findings regarding--CommentsClose CommentsPermalink
(A) cost overruns;CommentsClose CommentsPermalink
(B) significant delays in contract execution;CommentsClose CommentsPermalink
(C) lack of rigorous departmental contract management;CommentsClose CommentsPermalink
(D) insufficient departmental financial oversight;CommentsClose CommentsPermalink
(E) bundling that limits the ability of small businesses to compete; orCommentsClose CommentsPermalink
(F) other high risk business practices.CommentsClose CommentsPermalink
(c) Reports by the Secretary-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 30 days after the receipt of each report required under subsection (b)(2), 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 describes--CommentsClose CommentsPermalink
(A) the findings of the report received from the Inspector General; andCommentsClose CommentsPermalink
(B) the steps the Secretary has taken, or plans to take, to address the problems identified in such report.CommentsClose CommentsPermalink
(2) CONTRACTS WITH FOREIGN COMPANIES- Not later than 60 days after the initiation of each contract action with a company whose headquarters is not based in the United States, 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, regarding the Secure Border Initiative.CommentsClose CommentsPermalink
(d) Reports on United States Ports- Not later that 30 days after receiving information regarding a proposed purchase of a contract to manage the operations of a United States port by a foreign entity, the Committee on Foreign Investment in the United States shall submit a report to Congress that describes--CommentsClose CommentsPermalink
(1) the proposed purchase;CommentsClose CommentsPermalink
(2) any security concerns related to the proposed purchase; andCommentsClose CommentsPermalink
(3) the manner in which such security concerns have been addressed.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- In addition to amounts that are otherwise authorized to be appropriated to the Office of the Inspector General of the Department, there are authorized to be appropriated to the Office, to enable the Office to carry out this section--CommentsClose CommentsPermalink
(1) for fiscal year 2008, not less than 5 percent of the overall budget of the Office for such fiscal year;CommentsClose CommentsPermalink
(2) for fiscal year 2009, not less than 6 percent of the overall budget of the Office for such fiscal year; andCommentsClose CommentsPermalink
(3) for fiscal year 2010, not less than 7 percent of the overall budget of the Office for such fiscal year.CommentsClose CommentsPermalink
SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS OF ENTRY.
(a) In General- Beginning on October 1, 2008, an alien (other than a national of Mexico) who is attempting to illegally enter the United States and who is apprehended at a United States port of entry or along the international land and maritime border of the United States shall be detained until removed or a final decision granting admission has been determined, unless the alien--CommentsClose CommentsPermalink
(1) is permitted to withdraw an application for admission under section 235(a)(4) of the Immigration and Nationality Act (
(2) is paroled into the United States by the Secretary for urgent humanitarian reasons or significant public benefit in accordance with section 212(d)(5)(A) of such Act (
(b) Requirements During Interim Period- Beginning 60 days after the date of the enactment of this Act and before October 1, 2008, an alien described in subsection (a) may be released with a notice to appear only if--CommentsClose CommentsPermalink
(1) the Secretary determines, after conducting all appropriate background and security checks on the alien, that the alien does not pose a national security risk; andCommentsClose CommentsPermalink
(2) the alien provides a bond of not less than $5,000.CommentsClose CommentsPermalink
(c) Rules of Construction-CommentsClose CommentsPermalink
(1) ASYLUM AND REMOVAL- Nothing in this section shall be construed as limiting the right of an alien to apply for asylum or for relief or deferral of removal based on a fear of persecution.CommentsClose CommentsPermalink
(2) TREATMENT OF CERTAIN ALIENS- The mandatory detention requirement in subsection (a) does not apply to any alien who is a native or citizen of a country in the Western Hemisphere with whose government the United States does not have full diplomatic relations.CommentsClose CommentsPermalink
(3) DISCRETION- Nothing in this section shall be construed as limiting the authority of the Secretary, in the Secretary's sole unreviewable discretion, to determine whether an alien described in clause (ii) of section 235(b)(1)(B) of the Immigration and Nationality Act shall be detained or released after a finding of a credible fear of persecution (as defined in clause (v) of such section).CommentsClose CommentsPermalink
SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.
(a) In General- Chapter 27 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 556. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements
`(a) Prohibition- A person shall be punished as described in subsection (b) if such person attempts to elude or eludes customs, immigration, or agriculture inspection or fails to stop at the command of an officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States at a port of entry or customs or immigration checkpoint.CommentsClose CommentsPermalink
`(b) Penalties- A person who commits an offense described in subsection (a) shall be--CommentsClose CommentsPermalink
`(1) fined under this title;CommentsClose CommentsPermalink
`(2)(A) imprisoned for not more than 3 years, or both;CommentsClose CommentsPermalink
`(B) imprisoned for not more than 10 years, or both, if in commission of this violation, attempts to inflict or inflicts bodily injury (as defined in section 1365(g) of this title); orCommentsClose CommentsPermalink
`(C) imprisoned for any term of years or for life, or both, if death results, and may be sentenced to death; orCommentsClose CommentsPermalink
`(3) both fined and imprisoned under this subsection.CommentsClose CommentsPermalink
`(c) Conspiracy- If 2 or more persons conspire to commit an offense described in subsection (a), and 1 or more of such persons do any act to effect the object of the conspiracy, each shall be punishable as a principal, except that the sentence of death may not be imposed.CommentsClose CommentsPermalink
`(d) Prima Facie Evidence- For the purposes of seizure and forfeiture under applicable law, in the case of use of a vehicle or other conveyance in the commission of this offense, or in the case of disregarding or disobeying the lawful authority or command of any officer or employee of the United States under section 111(b) of this title, such conduct shall constitute prima facie evidence of smuggling aliens or merchandise.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of sections for chapter 27 of title 18, United States Code, is amended by inserting at the end:CommentsClose CommentsPermalink
`556. Evasion of inspection or during violation of arrival, reporting, entry, or clearance requirements.'.CommentsClose CommentsPermalink
(c) Failure To Obey Border Enforcement Officers-
`(c) Failure To Obey Lawful Orders of Border Enforcement Officers- Whoever willfully disregards or disobeys the lawful authority or command of any officer or employee of the United States charged with enforcing the immigration, customs, or other laws of the United States while engaged in, or on account of, the performance of official duties shall be fined under this title or imprisoned for not more than 5 years, or both.'.CommentsClose CommentsPermalink
(d) Technical Amendments-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 27 of title 18, United States Code, is amended by redesignating the section 554 added by section 551(a) of the Department of Homeland Security Appropriations Act, 2007 (
(2) TABLE OF SECTIONS- The table of sections for chapter 27 of title 18, United States Code, is amended--CommentsClose CommentsPermalink
(A) by striking the following:CommentsClose CommentsPermalink
`554. Border tunnels and passages.';CommentsClose CommentsPermalink
andCommentsClose CommentsPermalink
(B) inserting the following:CommentsClose CommentsPermalink
`555. Border tunnels and passages.'.CommentsClose CommentsPermalink
(3) CRIMINAL FORFEITURE-
(4) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION- Section 551(d) of the Department of Homeland Security Appropriations Act, 2007 (
SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND BORDER OF THE UNITED STATES.
(a) Authority To Provide Assistance-CommentsClose CommentsPermalink
(1) IN GENERAL- With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform annual training duty under
(2) SUPPORT- With the approval of the Secretary of Defense, the Governor of a State may order any units or personnel of the National Guard of such State to perform duty under
(b) Authorized Activities- The activities authorized by this subsection are any of the following:CommentsClose CommentsPermalink
(1) Ground reconnaissance activities;CommentsClose CommentsPermalink
(2) Airborne reconnaissance activities;CommentsClose CommentsPermalink
(3) Logistical support;CommentsClose CommentsPermalink
(4) Provision of translation services and training;CommentsClose CommentsPermalink
(5) Administrative support services;CommentsClose CommentsPermalink
(6) Technical training services;CommentsClose CommentsPermalink
(7) Emergency medical assistance and services;CommentsClose CommentsPermalink
(8) Communications services;CommentsClose CommentsPermalink
(9) Rescue of aliens in peril;CommentsClose CommentsPermalink
(10) Construction of roadways, patrol roads, fences, barriers, and other facilities to secure the southern land border of the United States; andCommentsClose CommentsPermalink
(11) Ground and air transportation.CommentsClose CommentsPermalink
(c) Cooperative Agreements- Units and personnel of the National Guard of a State may perform activities in another State under subsection (a) only pursuant to the terms of an emergency management assistance compact or other cooperative arrangement entered into between Governors of such States for purposes of this section, and only with the approval of the Secretary of Defense.CommentsClose CommentsPermalink
(d) Coordination of Assistance- The Secretary of Homeland Security shall, in consultation with the Secretary of Defense and the Governors of the States concerned, coordinate the performance of activities under this section by units and personnel of the National Guard.CommentsClose CommentsPermalink
(e) Annual Training- Annual training duty performed by members of the National Guard under subsection (a) shall be appropriate for the units and individual members concerned, taking into account the types of units and military occupational specialties of individual members performing such duty.CommentsClose CommentsPermalink
(f) Definitions- In this section:CommentsClose CommentsPermalink
(1) The term `Governor of a State' means, in the case of the District of Columbia, the Commanding General of the National Guard of the District of Columbia.CommentsClose CommentsPermalink
(2) The term `State' means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.CommentsClose CommentsPermalink
(3) The term `State along the southern border of the United States' means each of the following:CommentsClose CommentsPermalink
(A) The State of Arizona.CommentsClose CommentsPermalink
(B) The State of California.CommentsClose CommentsPermalink
(C) The State of New Mexico.CommentsClose CommentsPermalink
(D) The State of Texas.CommentsClose CommentsPermalink
(g) Duration of Authority- The authority of this section shall expire on January 1, 2009.CommentsClose CommentsPermalink
(h) Prohibition on Direct Participation in Law Enforcement- Activities carried out under the authority of this section shall not include the direct participation of a member of the National Guard in a search, seizure, arrest, or similar activity.CommentsClose CommentsPermalink
SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE IN THE BUREAU OF CUSTOMS AND BORDER PROTECTION.
(a) Report Required- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security and the Secretary of Defense shall jointly submit to the appropriate committees of Congress a report assessing the desirability and feasibility of offering incentives to covered members and former members of the Armed Forces for the purpose of encouraging such members to serve in the Bureau of Customs and Border Protection.CommentsClose CommentsPermalink
(b) Covered Members and Former Members of the Armed Forces- For purposes of this section, covered members and former members of the Armed Forces are the following:CommentsClose CommentsPermalink
(1) Members of the reserve components of the Armed Forces.CommentsClose CommentsPermalink
(2) Former members of the Armed Forces within two years of separation from service in the Armed Forces.CommentsClose CommentsPermalink
(c) Requirements and Limitations-CommentsClose CommentsPermalink
(1) NATURE OF INCENTIVES- In considering incentives for purposes of the report required by subsection (a), the Secretaries shall consider such incentives, whether monetary or otherwise and whether or not authorized by current law or regulations, as the Secretaries jointly consider appropriate.CommentsClose CommentsPermalink
(2) TARGETING OF INCENTIVES- In assessing any incentive for purposes of the report, the Secretaries shall give particular attention to the utility of such incentive in--CommentsClose CommentsPermalink
(A) encouraging service in the Bureau of Customs and Border Protection after service in the Armed Forces by covered members and former of the Armed Forces who have provided border patrol or border security assistance to the Bureau as part of their duties as members of the Armed Forces; andCommentsClose CommentsPermalink
(B) leveraging military training and experience by accelerating training, or allowing credit to be applied to related areas of training, required for service with the Bureau of Customs and Border Protection.CommentsClose CommentsPermalink
(3) PAYMENT- In assessing incentives for purposes of the report, the Secretaries shall assume that any costs of such incentives shall be borne by the Department of Homeland Security.CommentsClose CommentsPermalink
(d) Elements- The report required by subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) A description of various monetary and non-monetary incentives considered for purposes of the report.CommentsClose CommentsPermalink
(2) An assessment of the desirability and feasibility of utilizing any such incentive for the purpose specified in subsection (a), including an assessment of the particular utility of such incentive in encouraging service in the Bureau of Customs and Border Protection after service in the Armed Forces by covered members and former members of the Armed Forces described in subsection (c)(2).CommentsClose CommentsPermalink
(3) Any other matters that the Secretaries jointly consider appropriate.CommentsClose CommentsPermalink
(e) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--CommentsClose CommentsPermalink
(1) the Committees on Armed Services, Homeland Security and Governmental Affairs, and Appropriations of the Senate; andCommentsClose CommentsPermalink
(2) the Committees on Armed Services, Homeland Security, and Appropriations of the House of Representatives.CommentsClose CommentsPermalink
SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) United States citizens make approximately 130,000,000 land border crossings each year between the United States and Canada and the United States and Mexico, with approximately 23,000,000 individual United States citizens crossing the border annually.CommentsClose CommentsPermalink
(2) Approximately 27 percent of United States citizens possess United States passports.CommentsClose CommentsPermalink
(3) In fiscal year 2005, the Secretary of State issued an estimated 10,100,000 passports, representing an increase of 15 percent from fiscal year 2004.CommentsClose CommentsPermalink
(4) The Secretary of State estimates that 13,000,000 passports will be issued in fiscal year 2006, 16,000,000 passports will be issued in fiscal year 2007, and 17,000,000 passports will be issued in fiscal year 2008.CommentsClose CommentsPermalink
(b) Extension of Western Hemisphere Travel Initiative Implementation Deadline- Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(c) Passport Cards-CommentsClose CommentsPermalink
(1) AUTHORITY TO ISSUE- In order to facilitate travel of United States citizens to Canada, Mexico, the countries located in the Caribbean, and Bermuda, the Secretary of State, in consultation with the Secretary, is authorized to develop a travel document known as a Passport Card.CommentsClose CommentsPermalink
(2) ISSUANCE- In accordance with the Western Hemisphere Travel Initiative carried out pursuant to section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(3) APPLICABILITY- A Passport Card shall be deemed to be a United States passport for the purpose of United States laws and regulations relating to United States passports.CommentsClose CommentsPermalink
(4) VALIDITY- A Passport Card shall be valid for the same period as a United States passport.CommentsClose CommentsPermalink
(5) LIMITATION ON USE- A Passport Card may only be used for the purpose of international travel by United States citizens through land and sea ports of entry between--CommentsClose CommentsPermalink
(A) the United States and Canada;CommentsClose CommentsPermalink
(B) the United States and Mexico; andCommentsClose CommentsPermalink
(C) the United States and a country located in the Caribbean or Bermuda.CommentsClose CommentsPermalink
(6) APPLICATION FOR ISSUANCE- To be issued a Passport Card, a United States citizen shall submit an application to the Secretary of State. The Secretary of State shall require that such application shall contain the same information as is required to determine citizenship, identity, and eligibility for issuance of a United States passport.CommentsClose CommentsPermalink
(7) TECHNOLOGY-CommentsClose CommentsPermalink
(A) EXPEDITED TRAVELER PROGRAMS- To the maximum extent practicable, a Passport Card shall be designed and produced to provide a platform on which the expedited traveler programs carried out by the Secretary, such as NEXUS, NEXUS AIR, SENTRI, FAST, and Register Traveler may be added. The Secretary of State and the Secretary shall notify Congress not later than July 1, 2008, if the technology to add expedited travel features to the Passport Card is not developed by that date.CommentsClose CommentsPermalink
(B) TECHNOLOGY- The Secretary and the Secretary of State shall establish a technology implementation plan that accommodates desired technology requirements of the Department of State and the Department, allows for future technological innovations, and ensures maximum facilitation at the northern and southern borders.CommentsClose CommentsPermalink
(8) SPECIFICATIONS FOR CARD- A Passport Card shall be easily portable and durable. The Secretary of State and the Secretary shall consult regarding the other technical specifications of the Card, including whether the security features of the Card could be combined with other existing identity documentation.CommentsClose CommentsPermalink
(9) FEE-CommentsClose CommentsPermalink
(A) IN GENERAL- An applicant for a Passport Card shall submit an application under paragraph (6) together with a nonrefundable fee in an amount to be determined by the Secretary of State. Passport Card fees shall be deposited as an offsetting collection to the appropriate Department of State appropriation, to remain available until expended.CommentsClose CommentsPermalink
(B) LIMITATION ON FEES-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary of State shall seek to make the application fee under this paragraph as low as possible.CommentsClose CommentsPermalink
(ii) MAXIMUM FEE WITHOUT CERTIFICATION- Except as provided in clause (iii), the application fee may not exceed $24.CommentsClose CommentsPermalink
(iii) MAXIMUM FEE WITH CERTIFICATION- The application fee may be not more than $34 if the Secretary of State, the Secretary, and the Postmaster General--CommentsClose CommentsPermalink
(I) jointly certify to Congress that the cost to produce and issue a Passport Card significantly exceeds $24; andCommentsClose CommentsPermalink
(II) provide a detailed cost analysis for such fee.CommentsClose CommentsPermalink
(C) REDUCTION OF FEE- The Secretary of State shall reduce the fee for a Passport Card for an individual who submits an application for a Passport Card together with an application for a United States passport.CommentsClose CommentsPermalink
(D) WAIVER OF FEE FOR CHILDREN- The Secretary of State shall waive the fee for a Passport Card for a child under 18 years of age.CommentsClose CommentsPermalink
(E) AUDIT- In the event that the fee for a Passport Card exceeds $24, the Comptroller General of the United States shall conduct an audit to determine whether Passport Cards are issued at the lowest possible cost.CommentsClose CommentsPermalink
(10) ACCESSIBILITY- In order to make the Passport Card easily obtainable, an application for a Passport Card shall be accepted in the same manner and at the same locations as an application for a United States passport.CommentsClose CommentsPermalink
(11) RULE OF CONSTRUCTION- Nothing in this section shall be construed as limiting, altering, modifying, or otherwise affecting the validity of a United States passport. A United States citizen may possess a United States passport and a Passport Card.CommentsClose CommentsPermalink
(d) State Enrollment Demonstration Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding any other provisions of law, the Secretary of State and the Secretary shall enter into a memorandum of understanding with 1 or more appropriate States to carry out at least 1 demonstration program as follows:CommentsClose CommentsPermalink
(A) A State may include an individual's United States citizenship status on a driver's license which meets the requirements of section 202 of the REAL ID Act of 2005 (division B of
(B) The Secretary of State shall develop a mechanism to communicate with a participating State to verify the United States citizenship status of an applicant who voluntarily seeks to have the applicant's United States citizenship status included on a driver's license.CommentsClose CommentsPermalink
(C) All information collected about the individual shall be managed exclusively in the same manner as information collected through a passport application and no further distribution of such information shall be permitted.CommentsClose CommentsPermalink
(D) A State may not require an individual to include the individual's citizenship status on a driver's license.CommentsClose CommentsPermalink
(E) Notwithstanding any other provision of law, a driver's license which meets the requirements of this paragraph shall be deemed to be sufficient documentation to permit the bearer to enter the United States from Canada or Mexico through not less than at least 1 designated international border crossing in each State participating in the demonstration program.CommentsClose CommentsPermalink
(2) RULE OF CONSTRUCTION- Nothing in this subsection shall have the effect of creating a national identity card.CommentsClose CommentsPermalink
(3) AUTHORITY TO EXPAND- The Secretary of State and the Secretary may expand the demonstration program under this subsection so that such program is carried out in additional States, through additional ports of entry, for additional foreign countries, and in a manner that permits the use of additional types of identification documents to prove identity under the program.CommentsClose CommentsPermalink
(4) STUDY- Not later than 6 months after the date that the demonstration program under this subsection is carried out, the Comptroller General of the United States shall conduct a study of--CommentsClose CommentsPermalink
(A) the cost of the production and issuance of documents that meet the requirements of the program compared with other travel documents;CommentsClose CommentsPermalink
(B) the impact of the program on the flow of cross-border traffic and the economic impact of the program; andCommentsClose CommentsPermalink
(C) the security of travel documents that meet the requirements of the program compared with other travel documents.CommentsClose CommentsPermalink
(5) RECIPROCITY WITH CANADA- Notwithstanding any other provision of law, if the Secretary of State and the Secretary certify that certain identity documents issued by Canada (or any of its provinces) meet security and citizenship standards comparable to the requirements described in paragraph (1), the Secretary may determine that such documents are sufficient to permit entry into the United States. The Secretary shall work, to the maximum extent possible, to ensure that identification documents issued by Canada that are used as described in this paragraph contain the same technology as identification documents issued by the United States (or any State).CommentsClose CommentsPermalink
(6) ADDITIONAL PILOT PROGRAMS- To the maximum extent possible, the Secretary shall seek to conduct pilot programs related to Passport Cards and the State Enrollment Demonstration Program described in this subsection on the international border between the United States and Canada and the international border between the United States and Mexico.CommentsClose CommentsPermalink
(e) Expedited Processing for Repeat Travelers-CommentsClose CommentsPermalink
(1) LAND CROSSINGS- To the maximum extent practicable at the United States border with Canada and the United States border with Mexico, the Secretary shall expand expedited traveler programs carried out by the Secretary to all ports of entry and should encourage citizens of the United States to participate in the preenrollment programs, as such programs assist border control officers of the United States in the fight against terrorism by increasing the number of known travelers crossing the border. The identities of such expedited travelers should be entered into a database of known travelers who have been subjected to in-depth background and watch-list checks to permit border control officers to focus more attention on unknown travelers, potential criminals, and terrorists. The Secretary, in consultation with the appropriate officials of the Government of Canada, shall equip at least 6 additional northern border crossings with NEXUS technology and 6 additional southern ports of entry with SENTRI technology.CommentsClose CommentsPermalink
(2) SEA CROSSINGS- The Commissioner of Customs and Border Patrol shall conduct and expand trusted traveler programs and pilot programs to facilitate expedited processing of United States citizens returning from pleasure craft trips in Canada, Mexico, the Caribbean, or Bermuda. One such program shall be conducted in Florida and modeled on the I-68 program.CommentsClose CommentsPermalink
(f) Process for Individuals Lacking Appropriate Documents-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall establish a program that satisfies section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(A) to permit a citizen of the United States who has not been issued a United States passport or other appropriate travel document to cross the international border and return to the United States for a time period of not more than 72 hours, on a limited basis, and at no additional fee; orCommentsClose CommentsPermalink
(B) to establish a process to ascertain the identity of, and make admissibility determinations for, a citizen described in paragraph (A) upon the arrival of such citizen at an international border of the United States.CommentsClose CommentsPermalink
(2) GRACE PERIOD- During a time period determined by the Secretary, officers of the United States Customs and Border Patrol may permit citizens of the United States and Canada who are unaware of the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(g) Travel by Children- Notwithstanding any other provision of law, the Secretary shall develop a procedure to accommodate groups of children traveling by land across an international border under adult supervision with parental consent without requiring a government-issued identity and citizenship document.CommentsClose CommentsPermalink
(h) Public Promotion- The Secretary of State, in consultation with the Secretary, shall develop and implement an outreach plan to inform United States citizens about the Western Hemisphere Travel Initiative and the provisions of this Act, to facilitate the acquisition of appropriate documentation to travel to Canada, Mexico, the countries located in the Caribbean, and Bermuda, and to educate United States citizens who are unaware of the requirements for such travel. Such outreach plan should include--CommentsClose CommentsPermalink
(1) written notifications posted at or near public facilities, including border crossings, schools, libraries, Amtrak stations, and United States Post Offices located within 50 miles of the international border between the United States and Canada or the international border between the United States and Mexico and other ports of entry;CommentsClose CommentsPermalink
(2) provisions to seek consent to post such notifications on commercial property, such as offices of State departments of motor vehicles, gas stations, supermarkets, convenience stores, hotels, and travel agencies;CommentsClose CommentsPermalink
(3) the collection and analysis of data to measure the success of the public promotion plan; andCommentsClose CommentsPermalink
(4) additional measures as appropriate.CommentsClose CommentsPermalink
(i) Certification- Notwithstanding any other provision of law, the Secretary may not implement the plan described in section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(1)(A) if the Secretary and the Secretary of State develop and issue Passport Cards under this section--CommentsClose CommentsPermalink
(i) such cards have been distributed to at least 90 percent of the eligible United States citizens who applied for such cards during the 6-month period beginning not earlier than the date the Secretary of State began accepting applications for such cards and ending not earlier than 10 days prior to the date of certification;CommentsClose CommentsPermalink
(ii) Passport Cards are provided to applicants, on average, within 4 weeks of application or within the same period of time required to adjudicate a passport; andCommentsClose CommentsPermalink
(iii) a successful pilot has demonstrated the effectiveness of the Passport Card; orCommentsClose CommentsPermalink
(B) if the Secretary and the Secretary of State do not develop and issue Passport Cards under this section and develop a program to issue an alternative document that satisfies the requirements of section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004, in addition to the NEXUS, SENTRI, FAST and Border Crossing Card programs, such alternative document is widely available and well publicized;CommentsClose CommentsPermalink
(2) United States border crossings have been equipped with sufficient document readers and other technologies to ensure that implementation will not substantially slow the flow of traffic and persons across international borders;CommentsClose CommentsPermalink
(3) officers of the Bureau of Customs and Border Protection have received training and been provided the infrastructure necessary to accept Passport Cards and all alternative identity documents at all United States border crossings; andCommentsClose CommentsPermalink
(4) the outreach plan described in subsection (g) has been implemented and the Secretary determines such plan has been successful in providing information to United States citizens.CommentsClose CommentsPermalink
(j) Authorization of Appropriations- There is authorized to be appropriated to the Secretary of State and the Secretary such sums as may be necessary to carry out this section, and the amendment made by this section.CommentsClose CommentsPermalink
SEC. 136. RECRUITMENT AND RETENTION PROGRAM.
(a) Requirement for Program- The Secretary shall conduct a 5-year program to facilitate the recruitment and retention of agents of the Bureau of Customs and Border Protection and of the Bureau of Immigration and Customs Enforcement.CommentsClose CommentsPermalink
(b) Report- Not less frequently than once every 90 days during the 5-year duration of the program requirement by subsection (a), the Secretary shall submit to the appropriate committees of Congress a report on the results and progress of the program. Such report shall be submitted in an unclassified form and may include a classified annex, if necessary.CommentsClose CommentsPermalink
(c) Appropriate Committees of Congress Defined- In this section, the term `appropriate committees of Congress' means--CommentsClose CommentsPermalink
(1) the Committees on Armed Services, Homeland Security and Governmental Affairs, and Appropriations of the Senate; andCommentsClose CommentsPermalink
(2) the Committees on Armed Services, Homeland Security, and Appropriations of the House of Representatives.CommentsClose CommentsPermalink
Subtitle D--Border Law Enforcement Relief Act
SEC. 141. SHORT TITLE.
This subtitle may be cited as the `Border Law Enforcement Relief Act of 2007'.CommentsClose CommentsPermalink
SEC. 142. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) It is the obligation of the Federal Government of the United States to adequately secure the Nation's borders and prevent the flow of undocumented persons and illegal drugs into the United States.CommentsClose CommentsPermalink
(2) Despite the fact that the United States Border Patrol apprehends over 1,000,000 people each year trying to illegally enter the United States, according to the Congressional Research Service, the net growth in the number of unauthorized aliens has increased by approximately 500,000 each year. The Southwest border accounts for approximately 94 percent of all migrant apprehensions each year. Currently, there are an estimated 11,000,000 unauthorized aliens in the United States.CommentsClose CommentsPermalink
(3) The border region is also a major corridor for the shipment of drugs. According to the El Paso Intelligence Center, 65 percent of the narcotics that are sold in the markets of the United States enter the country through the Southwest Border.CommentsClose CommentsPermalink
(4) Border communities continue to incur significant costs due to the lack of adequate border security. A 2001 study by the United States-Mexico Border Counties Coalition found that law enforcement and criminal justice expenses associated with illegal immigration exceed $89,000,000 annually for the Southwest border counties.CommentsClose CommentsPermalink
(5) In August 2005, the States of New Mexico and Arizona declared states of emergency in order to provide local law enforcement immediate assistance in addressing criminal activity along the Southwest border.CommentsClose CommentsPermalink
(6) While the Federal Government provides States and localities assistance in covering costs related to the detention of certain criminal aliens and the prosecution of Federal drug cases, local law enforcement along the border are provided no assistance in covering such expenses and must use their limited resources to combat drug trafficking, human smuggling, kidnappings, the destruction of private property, and other border-related crimes.CommentsClose CommentsPermalink
(7) The United States shares 5,525 miles of border with Canada and 1,989 miles with Mexico. Many of the local law enforcement agencies located along the border are small, rural departments charged with patrolling large areas of land. Counties along the Southwest United States-Mexico border are some of the poorest in the country and lack the financial resources to cover the additional costs associated with illegal immigration, drug trafficking, and other border-related crimes.CommentsClose CommentsPermalink
(8) Federal assistance is required to help local law enforcement operating along the border address the unique challenges that arise as a result of their proximity to an international border and the lack of overall border security in the regionCommentsClose CommentsPermalink
SEC. 143. 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 United States border; andCommentsClose CommentsPermalink
(B) the impact of any lack of security along the United States border.CommentsClose CommentsPermalink
(2) DURATION- Grants may be awarded under this subsection during 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 less than 50,000; andCommentsClose CommentsPermalink
(B) located no more 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- For the purposes of this section:CommentsClose CommentsPermalink
(1) ELIGIBLE LAW ENFORCEMENT AGENCY- The term `eligible law enforcement agency' means a tribal, State, or local law enforcement agency--CommentsClose CommentsPermalink
(A) located in a county no more than 100 miles from a United States border with--CommentsClose CommentsPermalink
(i) Canada; orCommentsClose CommentsPermalink
(ii) Mexico; orCommentsClose CommentsPermalink
(B) located in a county more than 100 miles from any such border, but where such county 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 $50,000,000 for each of fiscal years 2008 through 2012 to carry out the provisions of this section.CommentsClose CommentsPermalink
(2) DIVISION OF AUTHORIZED FUNDS- Of the amounts authorized under 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 supplant other State and local public funds obligated for the purposes provided under this title.CommentsClose CommentsPermalink
SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Nothing in this subtitle shall be construed to authorize State or local law enforcement agencies or their officers to exercise Federal immigration law enforcement authority.CommentsClose CommentsPermalink
Subtitle E--Rapid Response Measures
SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.
(a) Emergency Deployment of Border Patrol Agents-CommentsClose CommentsPermalink
(1) IN GENERAL- If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional United States Border Patrol agents (referred to in this subtitle as `agents') from the Secretary, the Secretary, subject to paragraphs (1) and (2), may provide the State with not more than 1,000 additional agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border into the United States at any location other than an authorized port of entry.CommentsClose CommentsPermalink
(2) CONSULTATION- Upon receiving a request for agents under paragraph (1), the Secretary, after consultation with the President, shall grant such request to the extent that providing such agents will not significantly impair the Department's ability to provide border security for any other State.CommentsClose CommentsPermalink
(3) COLLECTIVE BARGAINING- Emergency deployments under this subsection shall be made in accordance with all applicable collective bargaining agreements and obligations.CommentsClose CommentsPermalink
(b) Elimination of Fixed Deployment of Border Patrol Agents- The Secretary shall ensure that agents are not precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances if the temporary use of fixed deployment positions is necessary.CommentsClose CommentsPermalink
(c) Increase in Full-Time Border Patrol Agents- Section 5202(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734), as amended by section 101(b)(2), is further amended by striking `2,000' and inserting `3,000'.CommentsClose CommentsPermalink
SEC. 152. BORDER PATROL MAJOR ASSETS.
(a) Control of Border Patrol Assets- The United States Border Patrol shall have complete and exclusive administrative and operational control over all the assets utilized in carrying out its mission, including, aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets.CommentsClose CommentsPermalink
(b) Helicopters and Power Boats-CommentsClose CommentsPermalink
(1) HELICOPTERS- The Secretary shall increase, by not less than 100, the number of helicopters under the control of the United States Border Patrol. The Secretary shall ensure that appropriate types of helicopters are procured for the various missions being performed.CommentsClose CommentsPermalink
(2) POWER BOATS- The Secretary shall increase, by not less than 250, the number of power boats under the control of the United States Border Patrol. The Secretary shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements.CommentsClose CommentsPermalink
(3) USE AND TRAINING- The Secretary shall--CommentsClose CommentsPermalink
(A) establish an overall policy on how the helicopters and power boats procured under this subsection will be used; andCommentsClose CommentsPermalink
(B) implement training programs for the agents who use such assets, including safe operating procedures and rescue operations.CommentsClose CommentsPermalink
(c) Motor Vehicles-CommentsClose CommentsPermalink
(1) QUANTITY- The Secretary shall establish a fleet of motor vehicles appropriate for use by the United States Border Patrol that will permit a ratio of not less than 1 police-type vehicle for every 3 agents. These police-type vehicles shall be replaced not less than every 3 years. The Secretary shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the United States Border Patrol.CommentsClose CommentsPermalink
(2) FEATURES- All motor vehicles purchased for the United States Border Patrol shall--CommentsClose CommentsPermalink
(A) be appropriate for the mission of the United States Border Patrol; andCommentsClose CommentsPermalink
(B) have a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.CommentsClose CommentsPermalink
SEC. 153. ELECTRONIC EQUIPMENT.
(a) Portable Computers- The Secretary shall ensure that each police-type motor vehicle in the fleet of the United States Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the United States Border Patrol.CommentsClose CommentsPermalink
(b) Radio Communications- The Secretary shall augment the existing radio communications system so that all law enforcement personnel working in each area where United States Border Patrol operations are conducted have clear and encrypted 2-way radio communication capabilities at all times. Each portable communications device shall be equipped with a panic button and a global positioning system device that is activated solely in emergency situations to track the location of agents in distress.CommentsClose CommentsPermalink
(c) Hand-Held Global Positioning System Devices- The Secretary shall ensure that each United States Border Patrol agent is issued a state-of-the-art hand-held global positioning system device for navigational purposes.CommentsClose CommentsPermalink
(d) Night Vision Equipment- The Secretary shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each United States Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.CommentsClose CommentsPermalink
SEC. 154. PERSONAL EQUIPMENT.
(a) Border Armor- The Secretary shall ensure that every agent is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Each agent shall be permitted to select from among a variety of approved brands and styles. Agents shall be strongly encouraged, but not required, to wear such body armor whenever practicable. All body armor shall be replaced not less than every 5 years.CommentsClose CommentsPermalink
(b) Weapons- The Secretary shall ensure that agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. The Secretary shall ensure that the policies of the Department authorize all agents to carry weapons that are suited to the potential threats that they face.CommentsClose CommentsPermalink
(c) Uniforms- The Secretary shall ensure that all agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as they become worn, unserviceable, or no longer fit properly.CommentsClose CommentsPermalink
SEC. 155. 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 this subtitle.CommentsClose CommentsPermalink
TITLE II--INTERIOR ENFORCEMENT
SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.
(a) Asylum- Section 208(b)(2)(A)(v) (
(b) 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
(c) Voluntary Departure- Section 240B(b)(1)(C) (
(d) Restriction on Removal- Section 241(b)(3)(B) (
(1) in clause (iii), by striking `or' at the end;CommentsClose CommentsPermalink
(2) in clause (iv) by striking the period at the end and inserting `; or';CommentsClose CommentsPermalink
(3) by inserting after clause (iv) the following:CommentsClose CommentsPermalink
`(v) the alien is described in section 237(a)(4)(B) (other than an alien described in section 212(a)(3)(B)(i)(IV) if 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).'; andCommentsClose CommentsPermalink
(4) in the undesignated paragraph, 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
(e) Record of Admission- Section 249 (
`SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO JANUARY 1, 1972.
`A record of lawful admission for permanent residence may be made, in the discretion of the Secretary of Homeland Security and under such regulations as the Secretary may prescribe, for any alien, as of the date of the approval of the alien's application or, if entry occurred before July 1, 1924, as of the date of such entry if no such record is otherwise available, if the alien establishes that the alien--CommentsClose CommentsPermalink
`(1) is not described in section 212(a)(3)(E) or in section 212(a) (insofar as it relates to criminals, procurers, other immoral persons, subversives, violators of the narcotics laws, or smugglers of aliens);CommentsClose CommentsPermalink
`(2) entered the United States before January 1, 1972;CommentsClose CommentsPermalink
`(3) has resided in the United States continuously since such entry;CommentsClose CommentsPermalink
`(4) is a person of good moral character;CommentsClose CommentsPermalink
`(5) is not ineligible for citizenship; andCommentsClose CommentsPermalink
`(6) is not described in section 237(a)(4)(B).'.CommentsClose CommentsPermalink
(f) Effective Date and Application- The amendments made by this section shall--CommentsClose CommentsPermalink
(1) take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink
(2) apply to any act or condition constituting a ground for inadmissibility, excludability, or removal occurring or existing on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
(a) In General-CommentsClose CommentsPermalink
(1) AMENDMENTS- Section 241(a) (
(A) by striking `Attorney General' the first place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(B) by striking `Attorney General' any other place it appears and inserting `Secretary';CommentsClose CommentsPermalink
(C) in paragraph (1)--CommentsClose CommentsPermalink
(i) in subparagraph (B), by amending clause (ii) 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 expiration date of the stay of removal.';CommentsClose CommentsPermalink
(ii) by amending subparagraph (C) to read as follows:CommentsClose CommentsPermalink
`(C) EXTENSION 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 fails or refuses to--CommentsClose CommentsPermalink
`(i) make all reasonable efforts to comply with the removal order; orCommentsClose CommentsPermalink
`(ii) fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order, including failing to make timely application in good faith for travel or other documents necessary to the alien's departure, or conspiring or acting to prevent the alien's removal.'; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
`(D) TOLLING OF PERIOD- If, at the time described in subparagraph (B), the alien is not in the custody of the Secretary under the authority of this Act, the removal period shall not begin until the alien is taken into such custody. If the Secretary lawfully transfers custody of the alien during the removal period to another Federal agency or to a State or local government agency in connection with the official duties of such agency, the removal period shall be tolled, and shall recommence on the date on which the alien is returned to the custody of the Secretary.';CommentsClose CommentsPermalink
(D) in paragraph (2), by adding at the end the following: `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 administrative final order of removal, the Secretary, in the exercise of discretion, may detain the alien during the pendency of such stay of removal.';CommentsClose CommentsPermalink
(E) 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 prescribes for the alien--CommentsClose CommentsPermalink
`(i) to prevent the alien from absconding;CommentsClose CommentsPermalink
`(ii) for the protection of the community; orCommentsClose CommentsPermalink
`(iii) for other purposes related to the enforcement of the immigration laws.';CommentsClose CommentsPermalink
(F) in paragraph (6), by striking `removal period and, if released,' and inserting `removal period, in the discretion of the Secretary, without any limitations other than those specified in this section, until the alien is removed. If an alien is released, the alien';CommentsClose CommentsPermalink
(G) by redesignating paragraph (7) as paragraph (10); andCommentsClose CommentsPermalink
(H) 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 alien's parole or the alien's removal becomes reasonably foreseeable, provided that in no circumstance shall such alien be considered admitted.CommentsClose CommentsPermalink
`(8) ADDITIONAL RULES FOR DETENTION OR RELEASE OF ALIENS- The following procedures shall apply to an alien detained under this section:CommentsClose CommentsPermalink
`(A) DETENTION REVIEW PROCESS FOR ALIENS WHO HAVE EFFECTED AN ENTRY AND FULLY COOPERATE WITH REMOVAL- The Secretary of Homeland Security shall establish an administrative review process to determine whether an alien described in subparagraph (B) should be detained or released after the removal period in accordance with this paragraph.CommentsClose CommentsPermalink
`(B) ALIEN DESCRIBED- An alien is described in this subparagraph if the alien--CommentsClose CommentsPermalink
`(i) has effected an entry into the United States;CommentsClose CommentsPermalink
`(ii) has made all reasonable efforts to comply with the alien's removal order;CommentsClose CommentsPermalink
`(iii) has cooperated fully with the Secretary's efforts to establish the alien's identity and to carry out the removal order, including making timely application in good faith for travel or other documents necessary for the alien's departure; andCommentsClose CommentsPermalink
`(iv) has not conspired or acted to prevent removal.CommentsClose CommentsPermalink
`(C) EVIDENCE- In making a determination under subparagraph (A), the Secretary--CommentsClose CommentsPermalink
`(i) shall consider any evidence submitted by the alien;CommentsClose CommentsPermalink
`(ii) may consider any other evidence, including--CommentsClose CommentsPermalink
`(I) any information or assistance provided by the Department of State or other Federal agency; andCommentsClose CommentsPermalink
`(II) any other information available to the Secretary pertaining to the ability to remove the alien.CommentsClose CommentsPermalink
`(D) AUTHORITY TO DETAIN FOR 90 DAYS BEYOND REMOVAL PERIOD- The Secretary, in the exercise of the Secretary's discretion and without any limitations other than those specified in this section, may detain an alien for 90 days beyond the removal period (including any extension of the removal period under paragraph (1)(C)).CommentsClose CommentsPermalink
`(E) AUTHORITY TO DETAIN FOR ADDITIONAL PERIOD- The Secretary, in the exercise of the Secretary's discretion and without any limitations other than those specified in this section, may detain an alien beyond the 90-day period authorized under subparagraph (D) until the alien is removed, if the Secretary--CommentsClose CommentsPermalink
`(i) determines that there is a significant likelihood that the alien will be removed in the reasonably foreseeable future; orCommentsClose CommentsPermalink
`(ii) 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 the release of the alien would likely have serious adverse foreign policy consequences for the United States;CommentsClose CommentsPermalink
`(III) based on information available to the Secretary (including classified, sensitive, or national security information, and regardless of 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;CommentsClose CommentsPermalink
`(IV) that--CommentsClose CommentsPermalink
`(aa) the release of the alien would threaten the safety of the community or any person, and conditions of release cannot reasonably be expected to ensure the safety of the community or any person; andCommentsClose CommentsPermalink
`(bb) the alien--CommentsClose CommentsPermalink
`(AA) has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)(A)), or of 1 or more attempts or conspiracies to commit any such aggravated felonies for an aggregate term of imprisonment of at least 5 years; orCommentsClose CommentsPermalink
`(BB) has committed a crime of violence (as defined in
`(V) that--CommentsClose CommentsPermalink
`(aa) the release of the alien would threaten the safety of the community or any person, notwithstanding conditions of release designed to ensure the safety of the community or any person; andCommentsClose CommentsPermalink
`(bb) the alien has been convicted of 1 or more aggravated felonies (as defined in section 101(a)(43)) for which the alien was sentenced to an aggregate term of imprisonment of not less than 1 year.CommentsClose CommentsPermalink
`(F) ADMINISTRATIVE REVIEW PROCESS- The Secretary, without any limitations other than those specified in this section, may detain an alien pending a determination under subparagraph (E)(ii), if the Secretary has initiated the administrative review process identified in subparagraph (A) not later than 30 days after the expiration of the removal period (including any extension of the removal period under paragraph (1)(C)).CommentsClose CommentsPermalink
`(G) RENEWAL AND DELEGATION OF CERTIFICATION-CommentsClose CommentsPermalink
`(i) RENEWAL- The Secretary may renew a certification under subparagraph (E)(ii) every 6 months, without limitation, after providing the alien with an opportunity 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 certification, the Secretary shall release the alien, pursuant to subparagraph (H).CommentsClose CommentsPermalink
`(ii) DELEGATION- Notwithstanding any other provision of law, the Secretary may not delegate the authority to make or renew a certification described in subclause (II), (III), or (V) of subparagraph (E)(ii) to any employee reporting to the Assistant Secretary for Immigration and Customs Enforcement.CommentsClose CommentsPermalink
`(iii) HEARING- The Secretary may request that the Attorney General, or a designee of the Attorney General, provide for a hearing to make the determination described in subparagraph (E)(ii)(IV)(bb)(BB).CommentsClose CommentsPermalink
`(H) RELEASE ON CONDITIONS- If it is determined that an alien should be released from detention, the Secretary may, in the Secretary's discretion, impose conditions on release in accordance with the regulations prescribed pursuant to paragraph (3).CommentsClose CommentsPermalink
`(I) REDETENTION- The Secretary, without any limitations other than those specified in this section, may detain any alien subject to a final removal order who has previously been 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 (B); orCommentsClose CommentsPermalink
`(iii) upon reconsideration, the Secretary determines that the alien can be detained under subparagraph (E).CommentsClose CommentsPermalink
`(J) APPLICABILITY- This paragraph and paragraphs (6) and (7) shall apply to any alien returned to custody under subparagraph (I) as if the removal period terminated on the day of the redetention.CommentsClose CommentsPermalink
`(K) DETENTION REVIEW PROCESS FOR ALIENS WHO HAVE EFFECTED AN ENTRY AND FAIL TO COOPERATE WITH REMOVAL- The Secretary shall detain an alien until the alien makes all reasonable efforts to comply with a removal order and to cooperate fully with the Secretary's efforts, if the alien--CommentsClose CommentsPermalink
`(i) has effected an entry into the United States; andCommentsClose CommentsPermalink
`(ii)(I) and the alien faces a significant likelihood that the alien will be removed in the reasonably foreseeable future, or would have been removed if the alien had not--CommentsClose CommentsPermalink
`(aa) failed or refused to make all reasonable efforts to comply with a removal order;CommentsClose CommentsPermalink
`(bb) failed or refused to fully cooperate with the Secretary's efforts to establish the alien's identity and carry out the removal order, including the failure to make timely application in good faith for travel or other documents necessary to the alien's departure; orCommentsClose CommentsPermalink
`(cc) conspired or acted to prevent removal; orCommentsClose CommentsPermalink
`(II) the Secretary makes a certification as specified in subparagraph (E), or the renewal of a certification specified in subparagraph (G).CommentsClose CommentsPermalink
`(L) DETENTION REVIEW PROCESS FOR ALIENS WHO HAVE NOT EFFECTED AN ENTRY- Except as otherwise provided in this subparagraph, the Secretary shall follow the guidelines established in section 241.4 of title 8, Code of Federal Regulations, when detaining aliens who have not effected an entry. The Secretary may decide to apply the review process outlined in this paragraph.CommentsClose CommentsPermalink
`(9) JUDICIAL REVIEW- Without regard to the place of confinement, judicial review of any action or decision made pursuant to paragraph (6), (7), or (8) shall be available exclusively in a habeas corpus proceeding brought in a United States district court and only if the alien has exhausted all administrative remedies (statutory and nonstatutory) available to the alien as of right.'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendments made by paragraph (1)--CommentsClose CommentsPermalink
(A) shall take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink
(B) shall apply to--CommentsClose CommentsPermalink
(i) any alien 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
(ii) any act or condition occurring or existing before, on, or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(b) Criminal Detention of Aliens-
(1) in subsection (e)--CommentsClose CommentsPermalink
(A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;CommentsClose CommentsPermalink
(B) by inserting `(1)' before `If, after a hearing';CommentsClose CommentsPermalink
(C) in subparagraphs (B) and (C), as redesignated, by striking `paragraph (1)' and inserting `subparagraph (A)'; andCommentsClose CommentsPermalink
(D) by adding after subparagraph (C), as redesignated, the following:CommentsClose CommentsPermalink
`(2) 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--CommentsClose CommentsPermalink
`(A) is an alien; andCommentsClose CommentsPermalink
`(B)(i) has no lawful immigration status in the United States;CommentsClose CommentsPermalink
`(ii) is the subject of a final order of removal; orCommentsClose CommentsPermalink
`(iii) has committed a felony offense under section 911, 922(g)(5), 1015, 1028, 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 (
(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 (except for the provision providing an effective date for section 203 of the Border Security and Immigration Reform Act of 2007), 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 length of the term of imprisonment is based on recidivist or other enhancements and regardless of whether the conviction was entered before, on, or after September 30, 1996, and means--';CommentsClose CommentsPermalink
(2) in subparagraph (A), by striking `murder, rape, or sexual abuse of a minor;' and inserting `murder, rape, or sexual abuse of a minor, whether or not the minority of the victim is established by evidence contained in the record of conviction or by evidence extrinsic to the record of conviction;';CommentsClose CommentsPermalink
(3) in subparagraph (N), by striking `paragraph (1)(A) or (2) of';CommentsClose CommentsPermalink
(4) 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
(5) in subparagraph (U), by striking `an attempt or conspiracy to commit an offense described in this paragraph' and inserting `aiding or abetting an offense described in this paragraph, or soliciting, counseling, procuring, commanding, or inducing another, attempting, or conspiring to commit such an offense'; andCommentsClose CommentsPermalink
(6) by striking the undesignated matter following subparagraph (U).CommentsClose CommentsPermalink
(b) Effective Date and Application-CommentsClose CommentsPermalink
(1) IN GENERAL- The amendments made by subsection (a) shall--CommentsClose CommentsPermalink
(A) take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink
(B) apply to any act that occurred on or after the date of the enactment of this Act.CommentsClose CommentsPermalink
(2) APPLICATION OF IIRAIRA AMENDMENTS- The amendments to section 101(a)(43) of the Immigration and Nationality Act made by section 321 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of
SEC. 204. TERRORIST BARS.
(a) Definition of Good Moral Character- Section 101(f) (
(1) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) an alien described in section 212(a)(3) or 237(a)(4), as determined by the Secretary of Homeland Security or Attorney General based upon any relevant information or evidence, including classified, sensitive, or national security information;';CommentsClose CommentsPermalink
(2) in paragraph (8), by striking `(as defined in subsection (a)(43))' and inserting the following: `, regardless of whether the crime was defined as an aggravated felony under subsection (a)(43) at the time of the conviction, unless--CommentsClose CommentsPermalink
`(A) the person completed the term of imprisonment and sentence not later than 10 years before the date of application; andCommentsClose CommentsPermalink
`(B) the Secretary of Homeland Security or the Attorney General waives the application of this paragraph; or'; andCommentsClose CommentsPermalink
(3) in the undesignated matter following paragraph (9), by striking `a finding that for other reasons such person is or was not of good moral character' and inserting the following: `a discretionary finding for other reasons that such a person is or was not of good moral character. In determining an applicant's moral character, the Secretary of Homeland Security and the Attorney General may take into consideration the applicant's conduct and acts at any time and are not limited to the period during which good moral character is required.'.CommentsClose CommentsPermalink
(b) Pending Proceedings- Section 204(b) (
(c) Conditional Permanent Resident Status-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 216(e) (
(2) CERTAIN ALIEN ENTREPRENEURS- Section 216A(e) (
(d) Judicial Review of Naturalization Applications- Section 310(c) (
(1) by inserting `, not later than 120 days after the Secretary of Homeland Security's final determination,' after `may'; andCommentsClose CommentsPermalink
(2) by adding at the end the following: `Except that in any proceeding, other than a proceeding under section 340, the court shall review for substantial evidence the administrative record and findings of the Secretary of Homeland Security regarding whether an alien is a person of good moral character, understands and is attached to the principles of the Constitution of the United States, or is well disposed to the good order and happiness of the United States. The petitioner shall have the burden of showing that the Secretary's denial of the application was contrary to law.'.CommentsClose CommentsPermalink
(e) Persons Endangering National Security- Section 316 (
`(g) Persons Endangering the National Security- A person may not be naturalized if the Secretary of Homeland Security determines, based upon any relevant information or evidence, including classified, sensitive, or national security information, that the person was once an alien described in section 212(a)(3) or 237(a)(4).'.CommentsClose CommentsPermalink
(f) Concurrent Naturalization and Removal Proceedings- Section 318 (
(g) District Court Jurisdiction- Section 336(b) (
`(b) Request for Hearing Before District Court- 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 required under such section, the applicant may apply to the district court for the district in which the applicant resides for a hearing on the matter. The Secretary shall notify the applicant when such examinations and interviews have been completed. Such district court shall only have jurisdiction to review the basis for delay and remand the matter, with appropriate instructions, to the Secretary for the Secretary's determination on the application.'.CommentsClose CommentsPermalink
(h) Effective Date- The amendments made by this section--CommentsClose CommentsPermalink
(1) shall take effect on the date of the enactment of this Act; andCommentsClose CommentsPermalink
(2) shall apply to any act that occurred on or after such date of enactment.CommentsClose CommentsPermalink
SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE, REMOVAL, AND ALIEN SMUGGLING.
(a) Criminal Street Gangs-CommentsClose CommentsPermalink
(1) INADMISSIBILITY- Section 212(a)(2) (
(A) by redesignating subparagraph (F) as subparagraph (J); andCommentsClose CommentsPermalink
(B) by inserting after subparagraph (E) the following:CommentsClose CommentsPermalink
`(F) MEMBERS OF CRIMINAL STREET GANGS- Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any alien who a consular officer, the Attorney General, or the Secretary of Homeland Security knows or has reason to believe--CommentsClose CommentsPermalink
`(i) is, or has been, a member of a criminal street gang (as defined in
`(ii) has participated in the activities of a criminal street gang, knowing or having reason to know that such activities promoted, furthered, aided, or supported the illegal activity of the criminal gang,CommentsClose CommentsPermalink
is inadmissible.'.CommentsClose CommentsPermalink
(2) DEPORTABILITY- Section 237(a)(2) (
`(F) MEMBERS OF CRIMINAL STREET GANGS- Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any alien who the Secretary of Homeland Security or the Attorney General knows or has reason to believe--CommentsClose CommentsPermalink
`(i) is, or at any time after admission has been, a member of a criminal street gang (as defined in
`(ii) has participated in the activities of a criminal street gang, knowing or having reason to know that such activities promoted, furthered, aided, or supported the illegal activity of the criminal gang,CommentsClose CommentsPermalink
is deportable.'.CommentsClose CommentsPermalink
(3) TEMPORARY PROTECTED STATUS- Section 244 (
(A) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security';CommentsClose CommentsPermalink
(B) in subsection (b)(3)--CommentsClose CommentsPermalink
(i) in subparagraph (B), by striking the last sentence and inserting the following: `Notwithstanding any other provision of this section, the Secretary of Homeland Security may, for any reason (including national security), terminate or modify any designation under this section. Such termination or modification is effective upon publication in the Federal Register, or after such time as the Secretary may designate in the Federal Register.';CommentsClose CommentsPermalink
(ii) in subparagraph (C), by striking `a period of 12 or 18 months' and inserting `any other period not to exceed 18 months';CommentsClose CommentsPermalink
(C) in subsection (c)--CommentsClose CommentsPermalink
(i) in paragraph (1)(B), by striking `The amount of any such fee shall not exceed $50.';CommentsClose CommentsPermalink
(ii) in paragraph (2)(B)--CommentsClose CommentsPermalink
(I) in clause (i), by striking `, or' at the end;CommentsClose CommentsPermalink
(II) in clause (ii), by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink
(III) by adding at the end the following:CommentsClose CommentsPermalink
`(iii) the alien is, or at any time after admission has been, a member of a criminal street gang (as defined in
(D) in subsection (d)--CommentsClose CommentsPermalink
(i) by striking paragraph (3); andCommentsClose CommentsPermalink
(ii) in paragraph (4), 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 of law.'.CommentsClose CommentsPermalink
(b) 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)--CommentsClose CommentsPermalink
(i) by striking `or imprisoned not more than four years' and inserting `and imprisoned for not less than 6 months or more than 5 years'; andCommentsClose CommentsPermalink
(ii) by striking `, or both';CommentsClose CommentsPermalink
(2) in subsection (b), by striking `not more than $1000 or imprisoned for not more than one year, or both' and inserting `under title 18, United States Code, and imprisoned for not less than 6 months or 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)).'; andCommentsClose CommentsPermalink
(3) by amending subsection (d) to read as follows:CommentsClose CommentsPermalink
`(d) Denying Visas to Nationals of Country Denying or Delaying Accepting Alien- The Secretary of Homeland Security, after making a determination that the government of a foreign country has denied or unreasonably delayed accepting an alien who is a citizen, subject, national, or resident of that country after the alien has been ordered removed, and after consultation with the Secretary of State, may instruct the Secretary of State to deny a visa to any citizen, subject, national, or resident of that country until the country accepts the alien that was ordered removed.'.CommentsClose CommentsPermalink
(c) Alien Smuggling and Related Offenses-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 274 (
`SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.
`(a) Criminal Offenses and Penalties-CommentsClose CommentsPermalink
`(1) PROHIBITED ACTIVITIES- Except as provided in 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)--CommentsClose CommentsPermalink
`(A) except as provided in subparagraphs (C) through (G), if the offense 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 offense was committed for commercial advantage, profit, or private financial gain--CommentsClose CommentsPermalink
`(i) if the violation is the offender's first violation under this subparagraph, shall be fined under such title, imprisoned for not more than 20 years, or both; orCommentsClose CommentsPermalink
`(ii) if the violation is the offender's second or subsequent violation of this subparagraph, shall be fined under such title, imprisoned for not less than 3 years or more than 20 years, or both;CommentsClose CommentsPermalink
`(C) if the offense 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 20 years, or both, if the offense 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 offense caused serious bodily injury (as defined in
`(F) shall be fined under such title and imprisoned for not less than 10 years or more than 30 years if the offense 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 10 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)--CommentsClose CommentsPermalink
`(A) 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; orCommentsClose CommentsPermalink
`(B) for an individual or organization, not previously convicted of a violation of this section, to provide an alien who is present in the United States with humanitarian assistance, including medical care, housing, counseling, victim services, and food, or to transport the alien to a location where such assistance can be rendered.CommentsClose CommentsPermalink
`(4) EXTRATERRITORIAL JURISDICTION- There is extraterritorial Federal jurisdiction over the offenses described in this subsection.CommentsClose CommentsPermalink
`(b) Employment of Unauthorized Aliens-CommentsClose CommentsPermalink
`(1) CRIMINAL OFFENSE AND PENALTIES- Any person who, during any 12-month period, knowingly employs 10 or more individuals with actual knowledge or in reckless disregard of the fact that the individuals are aliens described in paragraph (2), shall be fined under title 18, United States Code, imprisoned for not more than 10 years, or both.CommentsClose CommentsPermalink
`(2) DEFINITION- An alien described in this paragraph is an alien who--CommentsClose CommentsPermalink
`(A) is an unauthorized alien (as defined in section 274A);CommentsClose CommentsPermalink
`(B) is present in the United States without lawful authority; andCommentsClose CommentsPermalink
`(C) has been brought into the United States in violation of this subsection.CommentsClose CommentsPermalink
`(c) 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 persons as may be designated for that 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 shall 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
`(d) 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
`(e) 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
`(f) Outreach Program-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary of Homeland Security, in consultation with the Attorney General and the Secretary of State, as appropriate, shall--CommentsClose CommentsPermalink
`(A) develop and implement an outreach program to educate people in and out of the United States about the penalties for bringing in and harboring aliens in violation of this section; andCommentsClose CommentsPermalink
`(B) establish the American Local and Interior Enforcement Needs (ALIEN) Task Force to identify and respond to the use of Federal, State, and local transportation infrastructure to further the trafficking of unlawful aliens within the United States.CommentsClose CommentsPermalink
`(2) FIELD OFFICES- The Secretary of Homeland Security, after consulting with State and local government officials, shall establish such field offices as may be necessary to carry out this subsection.CommentsClose CommentsPermalink
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums are necessary for the fiscal years 2008 through 2012 to carry out this subsection.CommentsClose CommentsPermalink
`(g) Definitions- In this section:CommentsClose CommentsPermalink
`(1) CROSSED THE BORDER INTO THE UNITED STATES- An alien is deemed to have crossed 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
(2) 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
(d) 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), by inserting `, alien smuggling crime,' after `any crime of violence';CommentsClose CommentsPermalink
(B) in subparagraph (A), by inserting `, alien smuggling crime,' after `such crime of violence'; andCommentsClose CommentsPermalink
(C) 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) For purposes of this subsection, the term `alien smuggling crime' means any felony punishable under section 274(a), 277, or 278 of the Immigration and Nationality Act (
SEC. 206. 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; orCommentsClose 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
`(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 30 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 60 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- Whoever 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-CommentsClose CommentsPermalink
`(1) IN GENERAL- 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
`(A) not less than $50 or more than $250 for each such entry, crossing, attempted entry, or attempted crossing; orCommentsClose CommentsPermalink
`(B) twice the amount specified in paragraph (1) if the alien had previously been subject to a civil penalty under this subsection.CommentsClose CommentsPermalink
`(2) CROSSED THE BORDER DEFINED- In this section, an alien is deemed to have crossed the border if the act was voluntary, regardless of whether the alien was under observation at the time of the crossing.'.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
SEC. 207. ILLEGAL REENTRY.
Section 276 (
`SEC. 276. REENTRY OF REMOVED ALIENS.
`(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, imprisoned not more than 2 years, or both.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, 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 30 months, the alien shall be fined under such title, 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 60 months, the alien shall be fined under such title, 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, 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, imprisoned 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, imprisoned 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) Limitation- It is not aiding and abetting a violation of this section for an individual to provide an alien with emergency humanitarian assistance, including emergency medical care and food, or to transport the alien to a location where such assistance can be rendered without compensation or the expectation of compensation.CommentsClose CommentsPermalink
`(i) Definitions- In this section:CommentsClose CommentsPermalink
`(1) CROSSES THE BORDER- The term `crosses the border' applies if an alien acts voluntarily, regardless of whether the alien was under observation at the time of the crossing.CommentsClose CommentsPermalink
`(2) FELONY- 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
`(3) 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
`(4) REMOVAL- The term `removal' includes any denial of admission, exclusion, deportation, or removal, or any agreement by which an alien stipulates or agrees to exclusion, deportation, or removal.CommentsClose CommentsPermalink
`(5) 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. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
(a) Passport, Visa, and Immigration Fraud-CommentsClose CommentsPermalink
(1) IN GENERAL- 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. Additional venue.CommentsClose CommentsPermalink
`1553. Definitions.CommentsClose CommentsPermalink
`1554. Authorized law enforcement activities.CommentsClose CommentsPermalink
`1555. Exception for refugees and asylees.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 (including any supporting documentation), knowing the applications to contain any false statement or representation,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned not more than 20 years, or both.CommentsClose CommentsPermalink
`(b) Passport Materials- Any person who knowingly and without lawful authority produces, counterfeits, secures, possesses, or uses any official paper, seal, hologram, image, text, symbol, stamp, engraving, plate, or other material used to make a passport shall be fined under this title, imprisoned not more than 20 years, or both.CommentsClose CommentsPermalink
`Sec. 1542. False statement in an application for a passport
`Any person who knowingly--CommentsClose CommentsPermalink
`(1) makes any false statement or representation in an application for a United States passport (including any supporting documentation);CommentsClose CommentsPermalink
`(2) completes, mails, prepares, presents, signs, or submits an application for a United States passport (including any supporting documentation) knowing the application to contain any false statement or representation; orCommentsClose CommentsPermalink
`(3) causes or attempts to cause the production of a passport at a facility authorized by the Secretary of State for the production of passports by means of any fraud or false application for a United States passport (including any supporting documentation),CommentsClose CommentsPermalink
shall be fined under this title, imprisoned not more than 15 years, or both.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 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 not owing allegiance to the United States; orCommentsClose CommentsPermalink
`(3) transfers or furnishes a passport to a person for use when such person is not the person for whom the passport was issued or designed,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned not more than 15 years, or both.CommentsClose CommentsPermalink
`Sec. 1544. Misuse of a passport
`(a) In General- 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 not more than 15 years, or both.CommentsClose CommentsPermalink
`(b) Entry; Fraud- Any person who knowingly uses any passport, knowing the passport to be forged, counterfeited, altered, falsely made, procured by fraud, produced or issued without lawful authority, or issued or designed for the use of another--CommentsClose CommentsPermalink
`(1) to enter or to attempt to enter the United States; orCommentsClose CommentsPermalink
`(2) to defraud the United States, a State, or a political subdivision of a State,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned 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, promises,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned not more than 15 years, or both.CommentsClose CommentsPermalink
`(b) Misrepresentation- Any person who knowingly and falsely represents that such person is an attorney in any matter arising under Federal immigration laws shall be fined under this title, imprisoned 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 an immigration document to a person without lawful authority for use if such person is not the person for whom the immigration document was issued or designed,CommentsClose CommentsPermalink
shall be fined under this title, imprisoned not more than 15 years, or both.CommentsClose CommentsPermalink
`(b) Multiple Violations- 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 not more than 20 years, or both.CommentsClose CommentsPermalink
`(c) Immigration Document Materials- Any person who knowingly and without lawful authority produces, counterfeits, secures, possesses, or uses any official paper, seal, hologram, image, text, symbol, stamp, engraving, plate, or other material, used to make an immigration document shall be fined under this title, imprisoned not more than 20 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 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 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 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 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 of 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 not more than 25 years, or both.CommentsClose CommentsPermalink
`(b) Offense Against Government- Any person who violates any section of 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 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 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 (as defined in section 101(a)(22) 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. Additional venue
`(a) In General- An offense under section 1542 may be prosecuted--CommentsClose CommentsPermalink
`(1) in any district in which the false statement or representation was made;CommentsClose CommentsPermalink
`(2) in any district in which the passport application was prepared, submitted, mailed, received, processed, or adjudicated; orCommentsClose CommentsPermalink
`(3) in the case of an application prepared and adjudicated outside the United States, in the district in which the resultant passport was produced.CommentsClose CommentsPermalink
`(b) Savings Clause- Nothing in this section limits the venue otherwise available under sections 3237 and 3238.CommentsClose CommentsPermalink
`Sec. 1553. Definitions
`As used in this chapter:CommentsClose CommentsPermalink
`(1) 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
`(2) The term `false statement or representation' includes a personation or an omission.CommentsClose CommentsPermalink
`(3) 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
`(4) The term `immigration document'--CommentsClose CommentsPermalink
`(A) means--CommentsClose CommentsPermalink
`(i) any passport or visa; orCommentsClose CommentsPermalink
`(ii) any application, petition, affidavit, declaration, attestation, form, identification card, alien registration document, employment authorization document, border crossing card, certificate, permit, order, license, stamp, authorization, grant of authority, or other evidentiary 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 subparagraph (A) or (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 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; or any instrument purporting to be the same.CommentsClose CommentsPermalink
`(9) The term `produce' means to make, prepare, assemble, issue, print, authenticate, or alter.CommentsClose CommentsPermalink
`(10) 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
`Sec. 1554. Authorized law enforcement activities
`Nothing in this chapter shall 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 (84 Stat. 933).CommentsClose CommentsPermalink
`Sec. 1555. Exception for refugees, asylees, and other vulnerable persons
`(a) In General- If a person believed to have violated section 1542, 1544, 1546, or 1548 while attempting to enter the United States, without delay, indicates an intention to apply for asylum under section 208 or 241(b)(3) of the Immigration and Nationality Act (
`(1) the person shall be referred to an appropriate Federal immigration official to review such claim and make a determination if such claim is warranted;CommentsClose CommentsPermalink
`(2) if the Federal immigration official determines that the person qualifies for the claimed relief, the person shall not be considered to have violated any such section; andCommentsClose CommentsPermalink
`(3) if the Federal immigration official determines that the person does not qualify for the claimed relief, the person shall be referred to an appropriate Federal official for prosecution under this chapter.CommentsClose CommentsPermalink
`(b) Savings Provision- Nothing in this section shall be construed to diminish, increase, or alter the obligations of refugees or 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) CLERICAL AMENDMENT- The table of chapters in title 18, United States Code, is amended by striking the item relating to chapter 75 and inserting the following:CommentsClose CommentsPermalink
--1541'.CommentsClose CommentsPermalink
(b) Protection for Legitimate Refugees and Asylum Seekers- Section 208 (
`(e) Protection for Legitimate Refugees and Asylum Seekers- 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 written terms and limitations of 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
SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD OFFENSES.
(a) Inadmissibility- Section 212(a)(2)(A)(i) (
(1) in subclause (I), by striking `, or' at the end and inserting a semicolon;CommentsClose CommentsPermalink
(2) in subclause (II), by striking the comma at the end and inserting `; or'; andCommentsClose CommentsPermalink
(3) by inserting after subclause (II) the following:CommentsClose CommentsPermalink
`(III) a violation of (or a conspiracy or attempt to violate) any provision of chapter 75 of title 18, United States Code,'.CommentsClose CommentsPermalink
(b) Removal- Section 237(a)(3)(B)(iii) (
`(iii) of a violation of any provision of chapter 75 of title 18, United States Code,'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by subsections (a) and (b) shall apply to proceedings pending on or after the date of the enactment of this Act, with respect to conduct occurring on or after that date.CommentsClose CommentsPermalink
SEC. 210. INCARCERATION OF CRIMINAL ALIENS.
(a) Institutional Removal Program-CommentsClose CommentsPermalink
(1) CONTINUATION- The Secretary shall continue to operate the Institutional Removal Program (referred to in this section as the `Program') or shall develop and implement another program to--CommentsClose CommentsPermalink
(A) identify removable criminal aliens in Federal and State correctional facilities;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) Authorization for Detention After Completion of State or Local Prison Sentence- Law enforcement officers of a State or political subdivision of a State may--CommentsClose CommentsPermalink
(1) 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; orCommentsClose CommentsPermalink
(2) 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.CommentsClose CommentsPermalink
(c) 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
(d) 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
(e) 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
SEC. 211. 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 adding 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 adding 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 in excess of 60 days, and may be granted only after a finding that the alien has the means to depart the United States and intends to do so. 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, to 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 in excess of 45 days';CommentsClose CommentsPermalink
(3) by amending subsection (c) to read as follows: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
(4) by amending subsection (d) to read as follows: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
`(5) by amending subsection (e) to read as follows:';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
(6) in subsection (f), by adding at the end the following: `Notwithstanding section 242(a)(2)(D) of this Act, 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)(6) 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. 212. 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- Unless a timely motion to reopen is granted under section 240(c)(6), 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) shall 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. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF, FIREARMS BY CERTAIN ALIENS.
(1) in subsection (d)(5)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `or' at the end;CommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `(y)(2)' and all that follows and inserting `(y), is in a nonimmigrant classification; or'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(C) has been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (
(2) in subsection (g)(5)--CommentsClose CommentsPermalink
(A) in subparagraph (A), by striking `or' at the end;CommentsClose CommentsPermalink
(B) in subparagraph (B), by striking `(y)(2)' and all that follows and inserting `(y), is in a nonimmigrant classification; or'; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(C) has been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (
(3) in subsection (y)--CommentsClose CommentsPermalink
(A) in the header, by striking `admitted under nonimmigrant visas' and inserting `in a nonimmigrant classification';CommentsClose CommentsPermalink
(B) in paragraph (1), by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink
`(B) the term `nonimmigrant classification' includes all classes of nonimmigrant aliens described in section 101(a)(15) of the Immigration and Nationality Act (
(C) in paragraph (2), by striking `has been lawfully admitted to the United States under a nonimmigrant visa' and inserting `is in a nonimmigrant classification'; andCommentsClose CommentsPermalink
(D) in paragraph (3)(A), by striking `Any individual who has been admitted to the United States under a nonimmigrant visa may receive a waiver from the requirements of subsection (g)(5)' and inserting `Any alien in a nonimmigrant classification may receive a waiver from the requirements of subsection (g)(5)(B)'.CommentsClose CommentsPermalink
SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES.
(a) In General-
`Sec. 3291. Immigration, naturalization, and peonage 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 77 (relating to peonage, slavery, and trafficking in persons), for an attempt or conspiracy to violate any such section, 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, naturalization, and peonage offenses.'.CommentsClose CommentsPermalink
SEC. 215. DIPLOMATIC SECURITY SERVICE.
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 of the United States (as defined in
SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.
(a) In General- Section 103 (
(1) by amending subsection (f) to read as follows:CommentsClose CommentsPermalink
`(f) Minimum Number of Agents in States-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary of Homeland Security shall allocate to each State--CommentsClose CommentsPermalink
`(A) not fewer than 40 full-time active duty agents of the Bureau of Immigration and Customs Enforcement to--CommentsClose CommentsPermalink
`(i) investigate immigration violations; andCommentsClose CommentsPermalink
`(ii) ensure the departure of all removable aliens; andCommentsClose CommentsPermalink
`(B) not fewer than 15 full-time active duty agents of the Bureau of Citizenship and Immigration Services to carry out immigration and naturalization adjudication functions.CommentsClose CommentsPermalink
`(2) WAIVER- The Secretary may waive the application of paragraph (1) for any State with a population of less than 2,000,000, as most recently reported by the Bureau of the Census'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(i) Notwithstanding any other provision of law, appropriate background and security checks, as determined by the Secretary of Homeland Security, shall be completed and assessed and any suspected or alleged fraud relating to the granting of any status (including the granting of adjustment of status), relief, protection from removal, or other benefit under this Act shall be investigated and resolved before the Secretary or the Attorney General may--CommentsClose CommentsPermalink
`(1) grant or order the grant of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence;CommentsClose CommentsPermalink
`(2) grant or order the grant of any other status, relief, protection from removal, or other benefit under the immigration laws; orCommentsClose CommentsPermalink
`(3) issue any documentation evidencing or related to such grant by the Secretary, the Attorney General, or any court.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a)(1) shall take effect on the date that is 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to the Director of the Federal Bureau of Investigations $3,125,000 for each of fiscal years 2008 through 2012 for improving the speed and accuracy of background and security checks conducted by the Federal Bureau of Investigations on behalf of the Bureau of Citizenship and Immigrations Services.CommentsClose CommentsPermalink
(d) 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 Investigations 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 Investigations on behalf of the Bureau of Citizenship and Immigrations ServicesCommentsClose 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 the Federal Bureau of Investigations is taking to expedite background and security checks that have been pending for more than 60 days.CommentsClose CommentsPermalink
SEC. 217. CONSTRUCTION.
(a) In General- Chapter 4 of title III (
`SEC. 362. CONSTRUCTION.
`(a) In General- Nothing in this Act or in any other provision of law shall be construed to require the Secretary of Homeland Security, the Attorney General, the Secretary of State, the Secretary of Labor, or any other authorized head of any Federal agency to grant any application, approve any petition, or grant or continue any status or benefit under the immigration laws by, to, or on behalf of--CommentsClose CommentsPermalink
`(1) any alien described in subparagraph (A)(i), (A)(iii), (B), or (F) of section 212(a)(3) or subparagraph (A)(i), (A)(iii), or (B) of section 237(a)(4);CommentsClose CommentsPermalink
`(2) any alien with respect to whom a criminal or other investigation or case is pending that is material to the alien's inadmissibility, deportability, or eligibility for the status or benefit sought; orCommentsClose CommentsPermalink
`(3) any alien for whom all law enforcement checks, as deemed appropriate by such authorized official, have not been conducted and resolved.CommentsClose CommentsPermalink
`(b) Denial; Withholding- An official described in subsection (a) may deny or withhold (with respect to an alien described in subsection (a)(1)) or withhold pending resolution of the investigation, case, or law enforcement checks (with respect to an alien described in paragraph (2) or (3) of subsection (a)) any such application, petition, status, or benefit on such basis.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of contents is amended by inserting after the item relating to section 361 the following:CommentsClose CommentsPermalink
`Sec. 362. Construction.'.CommentsClose CommentsPermalink
SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Reimbursement for Costs Associated With Processing Criminal Illegal Aliens- The Secretary shall 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. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
(a) In General- The Secretary shall 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 section.CommentsClose CommentsPermalink
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 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. CONFORMING AMENDMENT.
Section 101(a)(43)(P) (
(1) by striking `(i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of
(2) by inserting the following: `that is not described in section 1548 of such title (relating to increased penalties), and' after `first offense'.CommentsClose CommentsPermalink
SEC. 223. 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 proceedings before an immigration judge or in an administrative appeal of such proceedings, 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) Address To Be Provided-CommentsClose CommentsPermalink
`(1) IN GENERAL- Except as otherwise provided by the Secretary under paragraph (2), an address provided by an alien under this section shall be the alien's current residential mailing address, and shall not be a post office box or other non-residential mailing address or the address of an attorney, representative, labor organization, or employer.CommentsClose CommentsPermalink
`(2) SPECIFIC REQUIREMENTS- 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) DETENTION- An alien who is being detained by the Secretary under this Act is not required to report the alien's current address under this section during the time the alien remains in detention, but shall be required to notify the Secretary of the alien's address under this section at the time of the alien's release from detention.CommentsClose CommentsPermalink
`(e) Use of Most Recent Address Provided by the Alien-CommentsClose CommentsPermalink
`(1) IN GENERAL- 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) RELIANCE- 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) OBLIGATION- 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 amending subsection (b) to read as follows:CommentsClose CommentsPermalink
`(b) Failure To Provide Notice of Alien's Current Address-CommentsClose CommentsPermalink
`(1) CRIMINAL PENALTIES- Any alien or any parent or legal guardian in the United States of any 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) EFFECT ON IMMIGRATION STATUS- 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 alien 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 alien may be presumed to be a flight risk. 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 alien 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 Dates-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in 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. 224. 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 provided by a State or political subdivision of a State to an officer or employee of such State or political subdivision of a State, the cost 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 the functions under this subsection shall be reimbursed by the Secretary of Homeland Security.'.CommentsClose CommentsPermalink
(b) 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. 225. REMOVAL OF DRUNK DRIVERS.
(a) In General- Section 101(a)(43)(F) (
(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 convictions entered on or after such date.CommentsClose CommentsPermalink
SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.
Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (
SEC. 227. EXPEDITED REMOVAL.
(a) In General- Section 238 (
(1) by striking the section heading and inserting `expedited removal of criminal aliens';CommentsClose CommentsPermalink
(2) in subsection (a), by striking the subsection heading and inserting: `Expedited Removal From Correctional Facilities- ';CommentsClose CommentsPermalink
(3) in subsection (b), by striking the subsection heading and inserting: `Removal of Criminal Aliens- ';CommentsClose CommentsPermalink
(4) in subsection (b), by striking paragraphs (1) and (2) and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary of Homeland Security may, in the case of an alien described in paragraph (2), determine the deportability of such alien and issue an order of removal pursuant to the procedures set forth in this subsection or section 240.CommentsClose CommentsPermalink
`(2) ALIENS DESCRIBED- An alien is described in this paragraph if the alien--CommentsClose CommentsPermalink
`(A) has not been lawfully admitted to the United States for permanent residence; andCommentsClose CommentsPermalink
`(B) was convicted of any criminal offense described in subparagraph (A)(iii), (C), or (D) of section 237(a)(2).';CommentsClose CommentsPermalink
(5) in the subsection (c) that relates to presumption of deportability, by striking `convicted of an aggravated felony' and inserting `described in subsection (b)(2)';CommentsClose CommentsPermalink
(6) by redesignating the subsection (c) that relates to judicial removal as subsection (d); andCommentsClose CommentsPermalink
(7) in subsection (d)(5) (as so redesignated), by striking `, who is deportable under this Act,'.CommentsClose CommentsPermalink
(b) Application to Certain Aliens-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 235(b)(1)(A)(iii) (
(A) in subclause (I), by striking `Attorney General' and inserting `Secretary of Homeland Security' each place it appears; andCommentsClose CommentsPermalink
(B) by adding at the end the following new subclause:CommentsClose CommentsPermalink
`(III) EXCEPTION- Notwithstanding subclauses (I) and (II), the Secretary of Homeland Security shall apply clauses (i) and (ii) of this subparagraph to any alien (other than an alien described in subparagraph (F)) who is not a national of a country contiguous to the United States, who has not been admitted or paroled into the United States, and who is apprehended within 100 miles of an international land border of the United States and within 14 days of entry.'.CommentsClose CommentsPermalink
(2) EXCEPTIONS- Section 235(b)(1)(F) of the Immigration and Nationality Act (
(A) by striking `and who arrives by aircraft at a port of entry' and inserting `and--'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(i) who arrives by aircraft at a port of entry; orCommentsClose CommentsPermalink
`(ii) who is present in the United States and arrived in any manner at or between a port of entry.'.CommentsClose CommentsPermalink
(c) Effective Date- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to all aliens apprehended or convicted on or after such date.CommentsClose CommentsPermalink
SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.
(a) Immigrants- Section 204(a)(1) (
(1) in subparagraph (A)(i), by striking `Any' and inserting `Except as provided in clause (vii), any';CommentsClose CommentsPermalink
(2) in subparagraph (A), by inserting after clause (vi) the following:CommentsClose CommentsPermalink
`(vii) 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
(3) in subparagraph (B)(i)--CommentsClose CommentsPermalink
(A) by striking `Any alien' and inserting the following: `(I) Except as provided in subclause (II), any alien'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(II) Subclause (I) shall not apply in the case of 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. 229. 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- Notwithstanding any other provision of law, law enforcement personnel of a State, or a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, apprehend, arrest, detain, or transfer to Federal custody (including the transportation across State lines to detention centers) an alien for the purpose of assisting in the enforcement of the criminal provisions of the immigration laws of the United States in the normal course of carrying out the law enforcement duties of such personnel. This State authority has never been displaced or preempted by a Federal law.CommentsClose CommentsPermalink
`(b) Construction- Nothing in this section shall be construed to require law enforcement personnel of a State or a political subdivision to assist in the enforcement of the immigration laws of the United States.CommentsClose CommentsPermalink
`(c) 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 of Homeland Security--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
`(d) 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 subparagraphs (A) and (B) of subsection (c)(1).CommentsClose CommentsPermalink
`(2) COST COMPUTATION- Compensation provided for costs incurred under subparagraphs (A) and (B) of subsection (c)(1) shall be--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); multiplied byCommentsClose CommentsPermalink
`(ii) the number of days that the alien was in the custody of the State or political subdivision; plusCommentsClose 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; plusCommentsClose 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 subsection (c) and the time of transfer into Federal custody.CommentsClose CommentsPermalink
`(e) 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
`(f) 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 in subsection (c), into Federal custody.CommentsClose CommentsPermalink
`(g) 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- Prior to 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) Authorization of Appropriations for the Detention and Transportation to Federal Custody of Aliens Not Lawfully Present- There are authorized to be appropriated $850,000,000 for fiscal year 2008 and each subsequent fiscal year for the detention and removal of aliens not lawfully present in the United States under the Immigration and Nationality Act (
SEC. 230. 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. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.
(a) Provision of Information to the National Crime Information Center-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (3), 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 the information that the Secretary has or maintains related to any alien--CommentsClose CommentsPermalink
(A) against whom a final order of removal has been issued;CommentsClose CommentsPermalink
(B) 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 (
(C) whom a Federal immigration officer has confirmed to be unlawfully present in the United States; andCommentsClose CommentsPermalink
(D) whose visa has been revoked.CommentsClose CommentsPermalink
(2) REMOVAL OF INFORMATION- The head of the National Crime Information Center should promptly remove any information provided by the Secretary under paragraph (1) related to an alien who is granted lawful authority to enter or remain legally in the United States.CommentsClose CommentsPermalink
(3) PROCEDURE FOR REMOVAL OF ERRONEOUS INFORMATION- The Secretary, in consultation with the head of the National Crime Information Center of the Department of Justice, 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 paragraph (1) related to such alien. Under such procedures, 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 paragraph (1) related to such alien, unless such information is erroneous. Notwithstanding the 180-day time period set forth in paragraph (1), the Secretary shall not provide the information required under paragraph (1) until the procedures required by this paragraph are developed and implemented.CommentsClose CommentsPermalink
(b) Inclusion of Information in the National Crime Information Center Database-
(1) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink
(2) by redesignating paragraph (4) as paragraph (5); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink
`(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States; and'.CommentsClose CommentsPermalink
SEC. 232. 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. 233. 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-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall construct or acquire, in addition to existing facilities for the detention of aliens, at least 20 detention facilities in the United States that have the capacity to detain a combined total of not less than 20,000 individuals at any time for aliens detained pending removal or a decision on removal of such aliens from the United States subject to available appropriations.CommentsClose CommentsPermalink
(b) Construction of or Acquisition of Detention Facilities-CommentsClose CommentsPermalink
(1) REQUIREMENT TO CONSTRUCT OR ACQUIRE- The Secretary shall construct or acquire additional detention facilities in the United States to accommodate the detention beds required by section 5204(a) of the Intelligence Reform and Terrorism Protection Act of 2004, as amended by subsection (a), subject to available appropriations.CommentsClose CommentsPermalink
(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 (part A of title XXIX of
(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. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED WITH FEDERAL OFFENSES.
(a) Responsibility of United States Attorneys- Beginning not later than 2 years after the date of the enactment of this Act, the office of the United States Attorney that is prosecuting a criminal case in a Federal court--CommentsClose CommentsPermalink
(1) shall determine, not later than 30 days after filing the initial pleadings in the case, whether each defendant in the case is lawfully present in the United States (subject to subsequent legal proceedings to determine otherwise);CommentsClose CommentsPermalink
(2)(A) if the defendant is determined to be an alien lawfully present in the United States, shall notify the court in writing of the determination and the current status of the alien under the Immigration and Nationality Act (
(B) if the defendant is determined not to be lawfully present in the United States, shall notify the court in writing of the determination, the defendant's alien status, and, to the extent possible, the country of origin or legal residence of the defendant; andCommentsClose CommentsPermalink
(3) ensure that the information described in paragraph (2) is included in the case file and the criminal records system of the office of the United States attorney.CommentsClose CommentsPermalink
(b) Guidelines- A determination made under subsection (a)(1) shall be made in accordance with guidelines of the Executive Office for Immigration Review of the Department of Justice.CommentsClose CommentsPermalink
(c) Responsibilities of Federal Courts-CommentsClose CommentsPermalink
(1) MODIFICATIONS OF RECORDS AND CASE MANAGEMENTS SYSTEMS- Not later than 2 years after the date of the enactment of this Act, all Federal courts that hear criminal cases, or appeals of criminal cases, shall modify their criminal records and case management systems, in accordance with guidelines which the Director of the Administrative Office of the United States Courts shall establish, so as to enable accurate reporting of information described in subsection (a)(2).CommentsClose CommentsPermalink
(2) DATA ENTRIES- Beginning not later than 2 years after the date of the enactment of this Act, each Federal court described in paragraph (1) shall enter into its electronic records the information contained in each notification to the court under subsection (a)(2).CommentsClose CommentsPermalink
(d) Construction- Nothing in this section may be construed to provide a basis for admitting evidence to a jury or releasing information to the public regarding an alien's immigration status.CommentsClose CommentsPermalink
(e) Annual Report to Congress- The Director of the Administrative Office of the United States Courts shall include, in the annual report filed with Congress under
(1) statistical information on criminal trials of aliens in the courts and criminal convictions of aliens in the lower courts and upheld on appeal, including the type of crime in each case and including information on the legal status of the aliens; andCommentsClose CommentsPermalink
(2) recommendations on whether additional court resources are needed to accommodate the volume of criminal cases brought against aliens in the Federal courts.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There are authorized to be appropriated for each of fiscal years 2008 through 2012, such sums as may be necessary to carry out this Act. Funds appropriated pursuant to this subsection in any fiscal year shall remain available until expended.CommentsClose CommentsPermalink
SEC. 235. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.
Not later than 60 days after the date of enactment of this Act, the Attorney General shall issue a directive to expand the Justice Prisoner and Alien Transfer System (JPATS) so that such System provides additional services with respect to aliens who are illegally present in the United States. Such expansion should include--CommentsClose CommentsPermalink
(1) increasing the daily operations of such 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 this System for such aliens and modifies such allocation if necessary.CommentsClose CommentsPermalink
TITLE III--ILLEGAL ALIEN REGISTRATION
SEC. 301. REGISTRATION FOR ILLEGAL WORKERS.
(a) Registration- Section 262 (
`(d) Any alien who is unlawfully employed in the United States as of January 1, 2007, may not receive a nonimmigrant visa under section 218A unless the alien--CommentsClose CommentsPermalink
`(1) applies for registration and fingerprinting under section 221(b) not later than 1 year after the effective date set out in section 601 of the Border Security and Immigration Reform Act of 2007; andCommentsClose CommentsPermalink
`(2) applies for a nonimmigrant visa under section 218A not later than 1 year after such effective date.'.CommentsClose CommentsPermalink
(b) Penalties-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 266 (
`(e) Failure to Register; Employment of Illegal Aliens-CommentsClose CommentsPermalink
`(1) FAILURE TO REGISTER- Any alien who is unlawfully present in the United States is subject to immediate deportation and is ineligible to receive a nonimmigrant visa under section 218A.CommentsClose CommentsPermalink
`(2) EMPLOYMENT OF ILLEGAL ALIENS- Any employer who knowingly employs an alien who is unlawfully present in the United States shall be ineligible to employ any alien in possession of a nonimmigrant visa issued under section 218A.'.CommentsClose CommentsPermalink
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date which is 2 years after the effective date set out in section 601.CommentsClose CommentsPermalink
SEC. 302. GUEST WORKER PROGRAM.
(a) Definition- Section 101(a)(15) (
(1) in subparagraph (U), by striking `or' at the end;CommentsClose CommentsPermalink
(2) in subparagraph (V), by striking the period at the end and inserting `; or'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(W) an alien having a residence in a foreign country who is coming to the United States to perform--CommentsClose CommentsPermalink
`(i) agricultural labor or services (as defined by the Secretary of Labor); orCommentsClose CommentsPermalink
`(ii) any labor or services other than those described in clause (i).'.CommentsClose CommentsPermalink
(b) Guest Worker Program-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 2 of title II (
`SEC. 218A. ADMISSION OF W VISA NONIMMIGRANT GUEST WORKERS.
`(a) W Guest Worker Applications-CommentsClose CommentsPermalink
`(1) IN GENERAL- After receiving a certification from the Secretary of Labor in accordance with paragraph (2), an employer desiring to import a nonimmigrant described in section 101(a)(15)(W) (referred to in this section as a `guest worker') for employment in the United States shall file an application with the Secretary of Homeland Security in such form, in such manner, and containing such information as the Secretary may require.CommentsClose CommentsPermalink
`(2) APPLICABLE PROVISIONS- The provisions under subsections (a) through (e) of section 218 shall apply to certification petitions filed by employers desiring to import guest workers in the same manner as they apply to H-2A workers under such section.CommentsClose CommentsPermalink
`(b) Application- Upon approval of an application under subsection (a), a guest worker who, if physically present in the United States on January 1, 2007, has registered and been fingerprinted under section 221(b), may apply for a nonimmigrant visa under section 101(a)(15)(W) by showing such identification as the Secretary of Homeland Security may require.CommentsClose CommentsPermalink
`(c) Duration- A nonimmigrant visa issued to a guest worker under this section shall authorize the guest worker to be employed by the employer who requested such worker for an initial period not to exceed 2 years.CommentsClose CommentsPermalink
`(d) Terms- As a condition of continuing employment eligibility, a guest worker receiving a nonimmigrant visa under this section shall agree to--CommentsClose CommentsPermalink
`(1) submit information to the Secretary to be used--CommentsClose CommentsPermalink
`(A) to conduct a criminal background investigation of the alien; andCommentsClose CommentsPermalink
`(B) to verify that the alien is not listed on any terrorist watch list;CommentsClose CommentsPermalink
`(2) abide by all applicable Federal, State, and local laws;CommentsClose CommentsPermalink
`(3) be employed and abide by the terms of such employment; andCommentsClose CommentsPermalink
`(4) complete an approved assimilation program, including English and civics courses, before the end of the initial 2-year employment period.CommentsClose CommentsPermalink
`(e) Renewal- A nonimmigrant visa issued to a guest worker under this section may be renewed for an unlimited number of 2-year terms if the guest worker complies with the terms described in subsection (d) and applies for renewal in the United States before the end of each prior 2-year period.'.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 218 the following:CommentsClose CommentsPermalink
`Sec. 218A. Admission of W visa nonimmigrant guest workers.'.CommentsClose CommentsPermalink
SEC. 303. EFFECTIVE DATE.
Except as specifically provided otherwise, this title and the amendments made by this title shall take effect on the effective date set out in section 601.CommentsClose CommentsPermalink
TITLE IV--PENALTIES
SEC. 401. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD.
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `not more than 25 years' and inserting `not less than 25 years';CommentsClose CommentsPermalink
(B) by inserting `and if the terrorism offense resulted in the death of any person, shall be punished by death or imprisoned for life,' after `section 2331 of this title)),';CommentsClose CommentsPermalink
(C) by striking `20 years' and inserting `imprisoned not more than 40 years';CommentsClose CommentsPermalink
(D) by striking `10 years' and inserting `imprisoned not more than 20 years'; andCommentsClose CommentsPermalink
(E) by striking `15 years' and inserting `imprisoned not more than 30 years'; andCommentsClose CommentsPermalink
(2) in subsection (b), by striking `5 years' and inserting `10 years'.CommentsClose CommentsPermalink
SEC. 402. INCREASED CRIMINAL PENALTIES FOR CERTAIN CRIMES.
(a) In General- Title 18, United States Code, is amended by inserting after chapter 51 the following:CommentsClose CommentsPermalink
`CHAPTER 52--ILLEGAL ALIENS
`SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES COMMITTED BY ILLEGAL ALIENS.
`(a) Any alien unlawfully present in the United States, who commits, or conspires or attempts to commit, a crime of violence or a drug trafficking offense (as defined in section 924), shall be fined under this title and sentenced to not less than 5 years in prison.CommentsClose CommentsPermalink
`(b) If an alien who violates subsection (a) was previously ordered removed under the Immigration and Nationality Act (
`(c) A sentence of imprisonment imposed under this section shall run consecutively to any other sentence of imprisonment imposed for any other crime.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following:CommentsClose CommentsPermalink
1131CommentsClose CommentsPermalink
SEC. 403. ADDITIONAL PENALTIES.
(a) In General- Section 218A of the Immigration and Nationality Act, as added by section 302, is amended by adding at the end the following:CommentsClose CommentsPermalink
`(f) Penalties-CommentsClose CommentsPermalink
`(1) GUEST WORKERS- A guest worker who violates any of the terms described in subsection (d) shall be subject to deportation and shall be ineligible to receive a nonimmigrant visa under this section.CommentsClose CommentsPermalink
`(2) EMPLOYERS-CommentsClose CommentsPermalink
`(A) NOTIFICATION OF VIOLATION- An employer who fails to notify the Secretary of Homeland Security after discovering that a guest worker has violated any of the terms described in subsection (d) shall be ineligible to employ any alien in possession of a nonimmigrant visa issued under section.CommentsClose CommentsPermalink
`(B) EMPLOYMENT OF ILLEGAL WORKERS- Any employer who knowingly employs a worker in the United States who is not authorized to work in the United States shall be subject to--CommentsClose CommentsPermalink
`(i) for the first violation, a civil penalty in an amount not to exceed $25,000; andCommentsClose CommentsPermalink
`(ii) for the second or subsequent violation--CommentsClose CommentsPermalink
`(I) a term of imprisonment not to exceed 2 years for the individual who hired the unauthorized worker; andCommentsClose CommentsPermalink
`(II) disqualification of the employer from further participation in the guest worker program authorized under this section.'.CommentsClose CommentsPermalink
(b) Effective Date- The amendment made by subsection (a) shall take effect on the date which is 2 years after the date of the effective date set out in section 601.CommentsClose CommentsPermalink
TITLE V--REMOVAL AND VIOLATION TRACKING
SEC. 501. INSTITUTIONAL REMOVAL PROGRAM.
(a) Institutional Removal Program-CommentsClose CommentsPermalink
(1) CONTINUATION- The Secretary shall continue to operate the Institutional Removal Program of the Department to--CommentsClose CommentsPermalink
(A) identify removable criminal aliens in Federal and State correctional facilities;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- Not later than 5 years after the date of the enactment of this Act, the Secretary shall expand the Institutional Removal Program to every State.CommentsClose CommentsPermalink
(3) STATE PARTICIPATION- The appropriate officials of each State in which the Secretary is operating the Institutional Removal Program should--CommentsClose CommentsPermalink
(A) cooperate with Federal officials carrying out the Institutional Removal Program;CommentsClose CommentsPermalink
(B) expeditiously and systematically identify criminal aliens in the prison and jail populations of the State; andCommentsClose CommentsPermalink
(C) promptly convey the information described in subparagraph (B) to the appropriate officials carrying out the Institutional Removal Program.CommentsClose CommentsPermalink
(b) Report to Congress- Not later than 2 years after of the date of the enactment of this Act, the Secretary shall submit a report to Congress on the participation of the States in the Institutional Removal Program.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated $50,000,000 to carry out the expanded Institutional Removal Program authorized under subsection (a).CommentsClose CommentsPermalink
SEC. 502. AUTHORIZATION FOR DETENTION AFTER COMPLETION OF STATE OR LOCAL PRISON SENTENCE.
(a) In General- Law enforcement officers of a State or political subdivision of a State are authorized to--CommentsClose CommentsPermalink
(1) hold an illegal alien for a period of up to 14 days after the alien has completed the alien's State or local prison sentence in order to effectuate the transfer of the alien to Federal custody when the alien is removable or not lawfully present in the United States; orCommentsClose CommentsPermalink
(2) issue a detainer that would allow aliens who have served a State or local prison sentence to be detained by an appropriate prison until personnel from the Bureau of Immigration and Customs Enforcement can take the alien into Federal custody.CommentsClose CommentsPermalink
(b) Reimbursement-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall reimburse a State or a political subdivision of a State for all reasonable expenses incurred by the State or the political subdivision for the detention of an alien as described in subsection (a).CommentsClose CommentsPermalink
(2) COST COMPUTATION- The amount of reimbursement provided for costs incurred carrying out subsection (a) shall be determined pursuant to a formula determined by the Secretary.CommentsClose CommentsPermalink
(c) Technology Usage- Technology such as videoconferencing shall be used to the maximum extent possible in order to make the Institutional Removal Program available in remote locations. Mobile access to Federal databases of aliens and live scan technology shall be used to the maximum extent practicable in order to make these resources available to State and local law enforcement agencies in remote locations.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to reimburse a State or political subdivision of a State for the detention of an illegal alien pursuant to subsection (b).CommentsClose CommentsPermalink
SEC. 503. USE OF THE NATIONAL CRIME INFORMATION CENTER DATABASE TO TRACK VIOLATIONS OF IMMIGRATION LAW.
(a) Provision of Information to the National Crime Information Center-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary shall provide the National Crime Information Center of the Department of Justice with such information as the Director may have related to--CommentsClose CommentsPermalink
(A) any alien against whom a final order of removal has been issued;CommentsClose CommentsPermalink
(B) any alien who is subject to a voluntary departure agreement that has become invalid under section 240B(a)(2) of the Immigration and Nationality Act (
(C) any alien whose visa has been revoked.CommentsClose CommentsPermalink
(2) REQUIREMENT TO PROVIDE AND USE INFORMATION- The information described in paragraph (1) shall be provided to the National Crime Information Center, and the Center shall enter the information into the Immigration Violators File of the National Crime Information Center database if the name and date of birth are available for the individual, regardless of whether the alien received notice of a final order of removal or the alien has already been removed.CommentsClose CommentsPermalink
(3) REMOVAL OF INFORMATION- Should an individual be granted cancellation of removal under section 240A of the Immigration and Nationality Act (
(b) Inclusion of Information in the National Crime Information Center Database-
(1) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink
(2) by redesignating paragraph (4) as paragraph (5); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink
`(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States, regardless of whether the alien has received notice of the violation or the alien has already been removed; and'.CommentsClose CommentsPermalink
TITLE VI--BORDER SECURITY CERTIFICATION
SEC. 601. BORDER SECURITY CERTIFICATION.
Any program authorized by this Act, or by any amendment made by this Act, which grants legal status to any individual, or adjusts the current status of any individual, who enters or entered the United States in violation of Federal law shall be effective on the date that the Secretary submits a written certification to the President and Congress that the border security measures authorized under title I and the increases in Federal detention space authorized under section 233 have been fully completed and are fully operational.CommentsClose CommentsPermalink
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