Enforcement First Immigration Reform Act of 2005 - Amends the Immigration and Nationality Act and other immigration-related provisions with respect to: (1) enforcement and detention of, and criminal penalties for, illegal aliens; (2) the institutional removal (IRP) and criminal alien assistance (SCAAP) programs; (3) alien smuggling, document fraud, gang violence, and drug trafficking; (4) border security, personnel increases, and border-related assignment of armed forces members; (5) provision of social security numbers; (6) work authorization and enforcement; (7) secure identification standards, including birth certificates; (8) reform of legal immigration, including elimination of the diversity lottery visa category and certain limitations on entrants from Mexico; (9) citizenship reform, including limitations on citizenship by birth; and (10) wages paid to unauthorized aliens.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3938 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 3938
To provide for comprehensive immigration reform.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 29, 2005
Mr. Hayworth (for himself, Mr. Miller of Florida, Mr. Sessions, Ms.
Foxx, Mr. Sam Johnson of Texas, Mr. Jones of North Carolina, Mr. King
of Iowa, Mr. Tancredo, Mr. Renzi, Mr. Norwood, Mr. Deal of Georgia, Mr.
Poe, Mr. Gutknecht, Mr. Gary G. Miller of California, Mr. Calvert, Mr.
Franks of Arizona, Mr. Hunter, Mrs. Kelly, Mr. Carter, Mr. Goode, Mr.
Everett, Mr. Duncan, Mr. Gohmert, and Mr. McCotter) introduced the
following bill; which was referred to the Committee on the Judiciary,
and in addition to the Committees on Armed Services, Ways and Means,
Financial Services, Homeland Security, and Government Reform, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To provide for comprehensive immigration reform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Enforcement First
Immigration Reform Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--CLEAR AUTHORITY FOR INTERIOR ENFORCEMENT
Sec. 101. State defined.
Sec. 102. Federal affirmation of assistance in the immigration law
enforcement by States and political
subdivisions of States.
Sec. 103. State authorization for assistance in the enforcement of
immigration laws encouraged.
Sec. 104. Civil and criminal penalties for aliens unlawfully present in
the United States.
Sec. 105. Listing of immigration violators in the national crime
information center database.
Sec. 106. State and local law enforcement provision of information
about apprehended illegal aliens.
Sec. 107. Financial assistance to State and local police agencies that
assist in the enforcement of immigration
laws.
Sec. 108. Increased Federal detention space.
Sec. 109. Federal custody of illegal aliens apprehended by State or
local law enforcement.
Sec. 110. Training of State and local law enforcement personnel
relating to the enforcement of immigration
laws.
Sec. 111. Immunity.
Sec. 112. Institutional removal program (IRP).
Sec. 113. State criminal alien assistance program (SCAAP).
Sec. 114. Detention of dangerous aliens.
Sec. 115. Increased criminal penalties for alien smuggling, document
fraud, gang violence, and drug trafficking.
Sec. 116. Penalty for countries that do not accept return of nationals.
Sec. 117. No judicial review of visa revocation.
Sec. 118. Alternatives to detention.
Sec. 119. Additional immigration personnel.
Sec. 120. Completion of background and security checks.
Sec. 121. Denial of benefits to terrorists and criminals.
Sec. 122. Reinstatement of previous removal orders.
Sec. 123. Automated alien records.
Sec. 124. Annual report on interior enforcement.
TITLE II--IMPROVED BORDER SECURITY
Sec. 201. Assignment of members of the Armed Forces to assist Bureau of
Border Security and Bureau of Citizenship
and Immigration Services of the Department
of Homeland Security.
Sec. 202. Necessary assets for controlling United States borders.
Sec. 203. Expedited removal between ports of entry.
Sec. 204. Document fraud detection.
Sec. 205. Reducing illegal immigration and alien smuggling on tribal
lands.
TITLE III--SOCIAL SECURITY FOR WORKING AMERICANS
Sec. 301. Letters to employers by the Commissioner of Social Security
for purposes of resolving discrepancies in
wage records and notification of the
Secretary of Homeland Security regarding
such letters.
Sec. 302. Tightening requirements for the provision of social security
numbers on withholding exemption
certificates.
Sec. 303. Annual reports to the Congress regarding large employers with
the largest numbers of employees with non-
matching social security account numbers.
Sec. 304. Exclusion of unauthorized work from work upon which
creditable earnings may be based.
TITLE IV--WORK AUTHORIZATION AND ENFORCEMENT
Sec. 401. Requirement for employers to conduct employment eligibility
verification.
Sec. 402. Amendments to the Social Security Act relating to
identification of individuals.
Sec. 403. Employment Eligibility Database.
Sec. 404. Requirements relating to individuals commencing work in the
United States.
Sec. 405. Compliance.
Sec. 406. Increase in personnel ensuring compliance with prohibitions
on unlawful employment of aliens.
Sec. 407. Integration of fingerprinting databases.
Sec. 408. Authorizations of appropriations.
Sec. 409. Rules of construction.
TITLE V--SECURE IDENTIFICATION STANDARDS
Sec. 501. Prohibition on acceptance of identification issued by foreign
governments.
Sec. 502. Foreign-issued forms of identification prohibited as proof of
identity to open accounts at financial
institutions.
Sec. 503. Identification standard for Federal benefits.
Sec. 504. Change in format of Individual Taxpayer Identification
Numbers (ITINs).
Sec. 505. Sharing ITIN-related information.
Sec. 506. Birth certificates.
TITLE VI--REFORM OF LEGAL IMMIGRATION
Sec. 601. Increase in employment based visas.
Sec. 602. Increase in cap on unskilled workers.
Sec. 603. Elimination of family 4th preference visa category for adult
siblings of citizens.
Sec. 604. 3-year moratorium on immigrant visas for Mexican nationals.
Sec. 605. Limitation on number of family-sponsored immigrant visas from
Mexico.
Sec. 606. Elimination of diversity lottery visa category.
Sec. 607. Annual report on projected job creation and foreign labor
demand.
Sec. 608. Visa term compliance bonds.
Sec. 609. Release of aliens in removal proceedings.
Sec. 610. Detention of aliens delivered by bondsmen.
TITLE VII--CITIZENSHIP REFORM
Sec. 701. Citizenship at birth for children of non-citizen, non-
permanent resident aliens.
Sec. 702. Sanctions for Acts Violating the Oath of Renunciation and
Allegiance.
Sec. 703. Policy of discouragement of dual/multiple citizenship.
Sec. 704. Informing birth nations of their previous citizens' new
status as American citizens.
TITLE VIII--WAGES PAID TO UNAUTHORIZED ALIENS
Sec. 801. Clarification that wages paid to unauthorized aliens may not
be deducted from gross income.
(c) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance, is held invalid, the
remainder of this Act, and the application of such provision to other
persons not similarly situated or to other circumstances, shall not be
affected by such invalidation.
TITLE I--CLEAR AUTHORITY FOR INTERIOR ENFORCEMENT
SEC. 101. STATE DEFINED.
For purposes of this title, the term ``State'' has the meaning
given such term in section 101(a)(36) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(36)).
SEC. 102. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW
ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF
STATES.
Notwithstanding any other provision of law and reaffirming the
existing inherent authority of States, law enforcement personnel of a
State or a political subdivision of a State have the inherent authority
of a sovereign entity to investigate, identify, apprehend, arrest,
detain, or transfer to Federal custody aliens in the United States
(including the transportation of such aliens across State lines to
detention centers), for the purposes of assisting in the enforcement of
the immigration laws of the United States in the course of carrying out
routine duties. This State authority has never been displaced or
preempted by the Congress.
SEC. 103. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF
IMMIGRATION LAWS ENCOURAGED.
(a) In General.--Effective 2 years after the date of the enactment
of this title, a State (or political subdivision of a State) that has
in effect a statute, policy, or practice that prohibits law enforcement
officers of the State, or of a political subdivision within the State,
from assisting or cooperating with Federal immigration law enforcement
in the course of carrying out the officers' routine law enforcement
duties shall not receive any of the funds that would otherwise be
allocated to the State under section 241(i) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)).
(b) Construction.--Nothing in this section shall require law
enforcement officials from States or political subdivisions of States
to report or arrest victims or witnesses of a criminal offense.
(c) Reallocation of Funds.--Any funds that are not allocated to a
State or political subdivision of a State due to the failure of the
State to comply with subsection (a) shall be reallocated to States that
comply with such subsection.
SEC. 104. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN
THE UNITED STATES.
(a) Aliens Unlawfully Present.--
(1) In general.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting
after section 275 the following:
``criminal penalties for unlawful presence in the united states
``Sec. 275A. (a) In General.--In addition to any other penalty, an
alien who is present in the United States in violation of this Act
shall be guilty of a felony and shall be fined under title 18, United
States Code, imprisoned not less than 1 year and a day, or both.
``(b) Defense.--It shall be an affirmative defense to a violation
of subsection (a) that the alien overstayed the time allotted under a
visa due to an exceptional and extremely unusual hardship or physical
illness that prevented the alien from leaving the United States by the
required date.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 275
the following new item:
``Sec. 275A. Criminal penalties for unlawful presence in the United
States.''.
(b) Increase in Criminal Penalties for Illegal Entry.--Section
275(a) of such Act (8 U.S.C. 1325(a)) is amended by striking ``6
months,'' and inserting ``1 year,''.
(c) Increase in Civil Penalties for Various Violations of the
Immigration Laws of the United States.--Section 275(b) of such Act (8
U.S.C. 1325(b)) is amended to read as follows:
``(b)(1) Subject to paragraph (2), any alien described in paragraph
(3) shall be subject to a civil penalty of--
``(A) $500 for the first violation;
``(B) $1,000 in the case of an alien who has been once
previously been subject to a civil penalty under this
subsection;
``(C) $2,500 in the case of an alien who has been twice
previously been subject to a civil penalty under this
subsection; or
``(D) $5,000 in the case of an alien who has been three or
more times previously been subject to a civil penalty under
this subsection.
``(2) In the case of an alien described in paragraph (3)(D), the
alien shall be subject to civil penalties under this subsection that
are 5 times the amounts set forth under paragraph (1).
``(3) An alien described in this paragraph is an alien who--
``(A) is apprehended while entering (or attempting to
enter) the United States at a time or place other than as
designated by immigration officers;
``(B) enters the United States without inspection;
``(C) fails to depart the United States within 30 days
after the expiration date of a nonimmigrant visa or a voluntary
departure agreement and is not in other lawful status; or
``(D) fails to depart the United States within 30 days
after the date of a final order of removal and is not in other
lawful status.
``(4) Civil penalties under this subsection are in addition to, and
not in lieu of, any criminal or other civil penalties that may be
imposed.''.
(d) Permission to Depart Voluntarily.--Section 240B of such Act (8
U.S.C. 1229c) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears; and
(2) in subsection (a)(2)(A), by striking ``120 days'' and
inserting ``30 days''.
SEC. 105. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the NCIC.--Not later than 180 days
after the date of the enactment of this title, the Under Secretary for
Border and Transportation Security of the Department of Homeland
Security shall provide the National Crime Information Center of the
Department of Justice with such information as the Under Secretary may
have on any and all aliens against whom a final order of removal has
been issued, any and all aliens who have signed a voluntary departure
agreement, any and all aliens who have overstayed their authorized
period of stay, and any and all aliens whose visas have been revoked.
Such information shall be provided to the National Crime Information
Center, and the National Crime Information Center shall enter such
information into the Immigration Violators File of the National Crime
Information Center database, regardless of whether--
(1) the alien received notice of a final order of removal;
(2) the alien has already been removed; or
(3) sufficient identifying information is available on the
alien.
(b) Inclusion of Information in the NCIC Database.--Section 534(a)
of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(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 whether sufficient identifying information is
available on the alien and even if the alien has already been
removed; and''.
SEC. 106. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION
ABOUT APPREHENDED ILLEGAL ALIENS.
(a) Provision of Information.--In compliance with section 642(a) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373) and section 434 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), each State and
each political subdivision of a State is encouraged to provide the
Department of Homeland Security in a timely manner with the information
listed in subsection (b) on each alien apprehended in the jurisdiction
of the State or political subdivision who is believed to be in
violation of the immigration laws of the United States.
(b) Information Required.--The information listed in this
subsection is as follows:
(1) The alien's name.
(2) The alien's address or place of residence.
(3) A physical description of the alien.
(4) The date, time, and location of the encounter with the
alien and reason for stopping, detaining, apprehending, or
arresting the alien.
(5) If applicable, the alien's driver's license number and
the State of issuance of such license.
(6) If applicable, the type of any other identification
document issued to the alien, any designation number contained
on the identification document, and the issuing entity for the
identification document.
(7) If applicable, the license plate number, make, and
model of any automobile registered to, or driven by, the alien.
(8) A photo of the alien, if available or readily
obtainable.
(9) The alien's fingerprints, if available or readily
obtainable.
(c) Annual Report on Reporting.--The Secretary shall maintain and
annually submit to Congress a detailed report listing the States or
political subdivisions of States that are providing information under
subsection (a).
(d) Reimbursement.--The Department of Homeland Security shall
reimburse States and political subdivisions of a State for all
reasonable costs, as determined by the Secretary of Homeland Security,
incurred by that State or political subdivision as a result of
providing information under this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to carry out this section.
(f) Construction.-- Nothing in this section shall require law
enforcement officials of a State or political subdivision of a State to
provide the Department of Homeland Security with information related to
a victim of a crime or witness to a criminal offense.
SEC. 107. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT
ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Grants for Special Equipment for Housing and Processing Illegal
Aliens.--From amounts made available to make grants under this section,
the Secretary of Homeland Security shall make grants to States and
political subdivisions of States for procurement of equipment,
technology, facilities, and other products that facilitate and are
directly related to investigating, apprehending, arresting, detaining,
or transporting immigration law violators, including additional
administrative costs incurred under this title.
(b) Eligibility.--To be eligible to receive a grant under this
section, a State or political subdivision of a State must have the
authority to, and have in effect the policy and practice to, assist in
the enforcement of the immigration laws of the United States in the
course of carrying out such agency's routine law enforcement duties.
(c) Funding.--There is authorized to be appropriated for grants
under this section $1,000,000,000 for each fiscal year.
(d) GAO Audit.--Not later than 3 years after the date of the
enactment of this title, the Comptroller General of the United States
shall conduct an audit of funds distributed to States and political
subdivisions of States under subsection (a).
SEC. 108. INCREASED FEDERAL DETENTION SPACE.
(a) Construction or Acquisition of Detention Facilities.--
(1) In general.--The Secretary of Homeland Security shall
construct or acquire, in addition to existing facilities for
the detention of aliens, 20 detention facilities in the United
States, with at least 500 beds per facility, for aliens
detained pending removal or a decision on removal of such alien
from the United States.
(2) Determinations.--The location of any detention facility
built or acquired in accordance with this subsection shall be
determined by the Deputy Assistant Director of the Detention
Management Division of the Immigration and Customs Enforcement
Office of Detention and Removal within the U.S. Immigration and
Customs Enforcement.
(3) Use of installations under base closure laws.--In
acquiring detention facilities under this subsection, the
Secretary of Homeland Security 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 Public Law
101-510; 10 U.S.C. 2687 note) for use in accordance with
paragraph (1).
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
(c) Technical and Conforming Amendment.--Section 241(g)(1) of the
Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by
striking ``may expend'' and inserting ``shall expend''.
SEC. 109. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR
LOCAL LAW ENFORCEMENT.
(a) State Apprehension.--
(1) In general.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting
after section 240C the following:
``custody of illegal aliens
``Sec. 240D. (a) Transfer of Custody by State and Local
Officials.--If a State (or, if appropriate, a political subdivision of
the State) exercising authority with respect to the apprehension or
arrest of an illegal alien submits a request to the Secretary of
Homeland Security that the alien be taken into Federal custody, the
Secretary of Homeland Security--
``(1) shall--
``(A) not later than 48 hours after the conclusion
of the State charging process or dismissal process, or
if no State charging or dismissal process is required,
not later than 48 hours after the illegal alien is
apprehended, take the illegal alien into the custody of
the Federal Government and incarcerate the alien; or
``(B) request that the relevant State or local law
enforcement agency temporarily incarcerate or transport
the illegal alien for transfer to Federal custody; and
``(2) shall designate at least one 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 the criminal or illegal aliens to
the Department of Homeland Security.
``(b) Policy on Detention in State and Local Detention
Facilities.--In carrying out section 241(g)(1), the Attorney General or
Secretary of Homeland Security shall ensure that an alien arrested
under this Act shall be detained, pending the alien's being taken for
the examination under this section, in a State or local prison, jail,
detention center, or other comparable facility. Notwithstanding any
other provision of law or regulation, such facility is adequate for
detention, if--
``(1) such a facility is the most suitably located Federal,
State, or local facility available for such purpose under the
circumstances;
``(2) an appropriate arrangement for such use of the
facility can be made; and
``(3) such facility satisfies the standards for the
housing, care, and security of persons held in custody of a
United States marshal.
``(c) Reimbursement.--The Secretary of Homeland Security shall
reimburse States and political subdivisions of States for all
reasonable expenses, as determined by the Secretary, incurred by the
State or political subdivision in the incarceration and transportation
of an illegal alien as described in subparagraphs (A) and (B) of
subsection (a)(1). Compensation provided for costs incurred under such
subparagraphs shall be the average cost of incarceration of a prisoner
in the relevant State, as determined by the chief executive officer of
a State (or, as appropriate, a political subdivision of the State) plus
the cost of transporting the criminal or illegal alien from the point
of apprehension, to the place of detention, and to the custody transfer
point if the place of detention and place of custody are different.
``(d) Secure Facilities.--The Secretary of Homeland Security shall
ensure that illegal aliens incarcerated in Federal facilities pursuant
to this Act are held in facilities that provide an appropriate level of
security.
``(e) Transfer.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular
circuit and schedule for the prompt transfer of apprehended
illegal aliens from the custody of States and political
subdivisions of States to Federal custody.
``(2) Contracts.--The Secretary of Homeland Security may
enter into contracts, including appropriate private contracts,
to implement this subsection.
``(f) Definition.--For purposes of this section, the term `illegal
alien' means an alien who--
``(1) entered the United States without inspection or at
any time, manner or place other than that designated by the
Secretary of Homeland Security;
``(2) was admitted as a nonimmigrant and who, at the time
the alien was taken into custody by the State or a political
subdivision of the State, had failed to--
``(A) maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under
section 248; or
``(B) comply with the conditions of any such
status;
``(3) was admitted as an immigrant and has subsequently
failed to comply with the requirements of that status; or
``(4) failed to depart the United States under a voluntary
departure agreement or under a final order of removal.
``(g) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens not Lawfully Present.--
There is authorized to be appropriated $500,000,000 for the detention
and removal of aliens not lawfully present in the United States under
this Act for fiscal year 2006 and each subsequent fiscal year.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 240C
the following new item:
``Sec. 240D. Custody of illegal aliens.''.
(b) GAO Audit.--Not later than 3 years after the date of the
enactment of this title, the Comptroller General of the United States
shall conduct an audit of compensation to States and political
subdivisions of States for the incarceration of illegal aliens under
section 240D(a) of the Immigration and Nationality Act (as inserted by
subsection (a)(1)).
SEC. 110. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL
RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Establishment of Training Manual and Pocket Guide.--Not later
than 180 days after the date of the enactment of this title, the
Secretary of Homeland Security shall establish--
(1) a training manual for law enforcement personnel of a
State or political subdivision of a State to train such
personnel in the investigation, identification, apprehension,
arrest, detention, and transfer to Federal custody of aliens in
the United States (including the transportation of such aliens
across State lines to detention centers and the identification
of fraudulent documents); and
(2) an immigration enforcement pocket guide for law
enforcement personnel of a State or political subdivision of a
State to provide a quick reference for such personnel in the
course of duty.
(b) Availability.--The training manual and pocket guide established
in accordance with subsection (a) shall be made available to all State
and local law enforcement personnel.
(c) Applicability.--Nothing in this section shall be construed to
require State or local law enforcement personnel to carry the training
manual or pocket guide established under subsection (a)(2) with them
while on duty.
(d) Costs.--The Department of Homeland Security shall be
responsible for any and all costs incurred in establishing the training
manual and pocket guide under subsection (a).
(e) Training Flexibility.--
(1) In general.--The Department of Homeland Security shall
make training of State and local law enforcement officers
available through as many means as possible, including
residential training at the Center for Domestic Preparedness,
onsite training held at State or local police agencies or
facilities, online training courses by computer,
teleconferencing, and videotape, or the digital video display
(DVD) of a training course or courses. E-learning through a
secure, encrypted distributed learning system that has all its
servers based in the United States, is sealable, survivable,
and can have a portal in place within 30 days, shall be made
available by the Federal Law Enforcement Training Center
Distributed Learning Program for State and local law
enforcement personnel.
(2) Federal personnel training.--The training of State and
local law enforcement personnel under this section shall not
displace the training of Federal personnel.
(3) Clarification.--Nothing in this title or any other
provision of law shall be construed as making any immigration-
related training a requirement for, or prerequisite to, any
State or local law enforcement officer to assist in the
enforcement of Federal immigration laws in the normal course of
carrying out their normal law enforcement duties.
(f) Training Limitation.--Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears; and
(2) in paragraph (2), by adding at the end the following:
``Such training shall not exceed 14 days or 80 hours, whichever
is longer.''.
SEC. 111. IMMUNITY.
(a) Personal Immunity.--Notwithstanding any other provision of law,
a law enforcement officer of a State or local law enforcement agency
who is acting within the scope of the officer's official duties shall
be immune, to the same extent as a Federal law enforcement officer,
from personal liability arising out of the performance of any duty
described in this title.
(b) Agency Immunity.--Notwithstanding any other provision of law, a
State or local law enforcement agency shall be immune from any claim
for money damages based on Federal, State, or local civil rights law
for an incident arising out of the enforcement of any immigration law,
except to the extent a law enforcement officer of that agency committed
a violation of Federal, State, or local criminal law in the course of
enforcing such immigration law.
SEC. 112. INSTITUTIONAL REMOVAL PROGRAM (IRP).
(a) Continuation and Expansion.--
(1) In general.--The Department of Homeland Security shall
continue to operate and implement the program known as the
Institutional Removal Program (IRP) which--
(A) identifies removable criminal aliens in Federal
and State correctional facilities;
(B) ensures such aliens are not released into the
community; and
(C) removes such aliens from the United States
after the completion of their sentences.
(2) Expansion.--The institutional removal program shall be
extended to all States. Any State that receives Federal funds
for the incarceration of criminal aliens shall--
(A) cooperate with officials of the institutional
removal program;
(B) expeditiously and systematically identify
criminal aliens in its prison and jail populations; and
(C) promptly convey such information to officials
of such program as a condition for receiving such
funds.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State or political
subdivision of a State have the authority to--
(1) hold an illegal alien for a period of up to 14 days
after the alien has completed the alien's State 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; or
(2) issue a detainer that would allow aliens who have
served a State prison sentence to be detained by the State
prison until personnel from the U.S. Immigration and Customs
Enforcement can take the alien into custody.
(c) Technology Usage.--Technology such as video conferencing shall
be used to the maximum extent possible in order to make the
Institutional Removal Program (IRP) 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 in
order to make these resources available to State and local law
enforcement agencies in remote locations.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the institutional removal program--
(1) $100,000,000 for fiscal year 2007;
(2) $115,000,000 for fiscal year 2008;
(3) $130,000,000 for fiscal year 2009;
(4) $145,000,000 for fiscal year 2010; and
(5) $160,000,000 for fiscal year 2011.
SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C.
1231(i)) is amended by inserting before the period at the end the
following: ``and $1,000,000,000 for each subsequent fiscal year''.
SEC. 114. DETENTION OF DANGEROUS ALIENS.
(a) Removal of Terrorist Aliens.--
(1) In general.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended--
(A) in section 208(b)(2)(A), by amending clause (v)
to read as follows:
``(v) the alien is described in section
212(a)(3)(B), 212(a)(3)(F), or 237(a)(4)(B)
unless, in the case only of an alien described
in section 212(a)(3)(B)(i)(IV), the Secretary
of Homeland Security or the Attorney General
determines that there are not reasonable
grounds for regarding the alien as a danger to
the security of the United States; or'';
(B) in section 240A(c), by amending paragraph (4)
to read as follows:
``(4) An alien described in section 212(a)(3) or
237(a)(4).'';
(C) in section 240B(b)(1)(C), by striking
``deportable under'' and inserting ``described in'';
(D) in section 241(b)(3)(B)--
(i) in clause (iii), by striking ``or'' at
the end;
(ii) in clause (iv), by striking the period
at the end and inserting ``; or'';
(iii) by inserting after clause (iv) the
following:
``(v) the alien is described in section
212(a)(3)(B), 212(a)(3)(F), or 237(a)(4)(B),
unless, in the case only of an alien described
in section 212(a)(3)(B)(i)(IV), the Secretary
of Homeland Security or the Attorney General
determines that there are not reasonable
grounds for regarding the alien as a danger to
the security of the United States.''; and
(iv) by striking ``For purposes of clause
(iv)'' and all that follows; and
(E) in section 249--
(i) by striking ``inadmissible under
section 212(a)(3)(E) or under section'' and
inserting ``described in section 212(a)(3)(E)
or''; and
(ii) in subsection (d), by striking ``to
citizenship and is not deportable under'' and
inserting ``for citizenship and is not
described in''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of enactment of this Act and
shall apply to--
(A) all aliens subject to removal, deportation, or
exclusion at any time; and
(B) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such
effective date.
(b) Detention of Dangerous Aliens.--
(1) In general.--Section 241(a) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)) is amended--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland
Security'';
(B) in paragraph (2), by inserting ``If a court
orders a stay of removal of an alien who is subject to
an order of removal that is administratively final, the
Secretary of Homeland Security, in the exercise of the
Secretary's discretion, may detain the alien during the
pendency of such stay of removal, before the beginning
of the removal period, as provided in paragraph
(1)(B)(ii).'' after ``detain the alien.''; and
(C) 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 by the Secretary
of Homeland Security by regulation, until the alien is
removed. If an alien is released, the alien''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect upon the date of enactment of this Act, and
shall apply to cases in which the final administrative removal
order was issued before, on, or after such date.
SEC. 115. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING, DOCUMENT
FRAUD, GANG VIOLENCE, AND DRUG TRAFFICKING.
(a) Alien Smuggling.--Section 274(a) of the Immigration and
Nationality Act (8 U.S.C. 1324(a)) is amended--
(1) in paragraph (1)(B)--
(A) in clause (i), by striking ``10 years'' and
inserting ``15 years'';
(B) in clause (ii), by striking ``5 year'' and
inserting ``10 years''; and
(C) in clause (iii), by striking ``20 years'' and
inserting ``40 years'';
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``one year, or
both; or'' and inserting ``3 years, or both'';
(B) in subparagraph (B)--
(i) in clause (i), by adding at the end the
following: ``be fined under title 18, United
States Code, and imprisoned not less than 5
years nor more than 25 years;'';
(ii) in clause (ii), by striking ``or'' at
the end and inserting the following: ``be fined
under title 18, United States Code, and
imprisoned not less than 3 years not more than
20 years; or''; and
(iii) in clause (iii), by adding at the end
the following: ``be fined under title 18,
United States Code, and imprisoned not more
than 15 years; or''; and
(C) by striking the matter following clause (iii)
and inserting the following:
``(C) in the case of a third or subsequent offense
described in subparagraph (B) and for any other
violation, shall be fined under title 18, United States
Code, and imprisoned not less than 5 years nor more
than 15 years.'';
(3) in paragraph (3)(A), by striking ``5 years'' and
inserting ``10 years''; and
(4) in paragraph (4), by striking ``10 years'' and
inserting ``20 years''.
(b) Document Fraud.--Section 1546 of title 18, United States Code,
is amended--
(1) in subsection (a)--
(A) by striking ``not more than 25 years'' and
inserting ``not less than 25 years''
(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)),'';
(C) by striking ``20 years'' and inserting
``imprisoned not more than 40 years'';
(D) by striking ``10 years'' and inserting
``imprisoned not more than 20 years''; and
(E) by striking ``15 years'' and inserting
``imprisoned not more than 25 years''; and
(2) in subsection (b), by striking ``5 years'' and
inserting ``10 years''.
(c) Crimes of Violence.--
(1) In general.--Title 18, United States Code, is amended
by inserting after chapter 51 the following:
``CHAPTER 52--ILLEGAL ALIENS
``Sec.
``1131. Enhanced penalties for certain crimes committed by 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.
``(b) If an alien who violates subsection (a) was previously
ordered removed under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.) on the grounds of having committed a crime, the alien
shall be sentenced to not less than 15 years in prison.
``(c) A sentence of imprisonment imposed under this section shall
run consecutively to any other sentence of imprisonment imposed for any
other crime.''.
(2) 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:
``52. Illegal aliens........................................ 1131''.
(d) Criminal Street Gangs.--
(1) Inadmissibility.--Section 212(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph (J); and
(B) by inserting after subparagraph (E) the
following:
``(F) Aliens who are members of criminal street
gangs.--Any alien who is a member of a criminal street
gang (as defined in section 521(a) of title 18, United
States Code) is inadmissible.''.
(2) Deportability.--Section 237(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding
at the end the following:
``(F) Aliens who are members of criminal street
gangs.--Any alien who is a member of a criminal street
gang (as defined in section 521(a) of title 18, United
States Code) is deportable.''.
(3) Temporary protected status.--Section 244(c)(2)(B) of
the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B))
is amended--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is a member of a criminal
street gang (as defined in section 521(a) of
title 18, United States Code).''.
SEC. 116. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT RETURN OF NATIONALS.
Section 243(d) of the Immigration and Nationality Act (8 U.S.C.
1253(d)) is amended--
(1) by striking ``On being notified'' and inserting the
following:
``(1) In general.--Upon notification''; and
(2) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(3) by adding at the end the following:
``(2) Denial of admission.--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 deny admission to
any citizen, subject, national or resident of that country
until the country accepts the alien that was ordered
removed.''.
SEC. 117. NO JUDICIAL REVIEW OF VISA REVOCATION.
Section 221(i) of the Immigration and Nationality Act (8 U.S.C.
1201(i)) is amended by striking ``, except in the context of a removal
proceeding'' and all that follows and inserting a period.
SEC. 118. ALTERNATIVES TO DETENTION.
The Secretary of Homeland Security shall implement pilot programs
in all States to study 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.
SEC. 119. ADDITIONAL IMMIGRATION PERSONNEL.
(a) Department of Homeland Security.--
(1) Investigative personnel.--In addition to the positions
authorized under section 5203 of the Intelligence Reform and
Terrorism Prevention Act of 2004, for each of fiscal years 2006
through 2010, the Secretary of Homeland Security shall, subject
to the availability of appropriations for such purpose,
increase by not less than 200 the number of positions for
investigative personnel within the Department of Homeland
Security investigating alien smuggling and immigration status
violations above the number of such positions for which funds
were made available during the preceding fiscal year.
(2) Trial attorneys.--In each of fiscal years 2006 through
2010, the Secretary of Homeland Security shall, subject to the
availability of appropriations for such purpose, increase the
number of positions for attorneys in the Office of General
Counsel of the Department of Homeland Security who represent
the Department in immigration matters by not less than 100
above the number of such positions for which funds were made
available during each preceding fiscal year.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Homeland Security for
each of fiscal years 2006 through 2010 such sums as may be
necessary to carry out this subsection.
(b) Department of Justice.--
(1) Assistant attorney general for immigration
enforcement.--
(A) Establishment.--There is established within the
Department of Justice the position of Assistant
Attorney General for Immigration Enforcement, which
shall coordinate and prioritize immigration litigation
and enforcement in the Federal courts, including--
(i) removal and deportation;
(ii) employer sanctions; and
(iii) alien smuggling and human
trafficking.
(B) Conforming amendment.--Section 506 of title 28,
United States Code, is amended by striking ``ten'' and
inserting ``11''.
(2) Litigation attorneys.--In each of fiscal years 2006
through 2010, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of positions for attorneys in the
Office of Immigration Litigation of the Department of Justice.
(3) United states attorneys.--In each of fiscal years 2006
through 2010, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of attorneys in the United States
Attorneys' office to litigate immigration cases in the Federal
courts.
(4) Immigration judges.--In each of fiscal years 2006
through 2010, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of immigration judges.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Justice for each of
fiscal years 2006 through 2010 such sums as may be necessary to
carry out this subsection, including the hiring of necessary
support staff.
SEC. 120. COMPLETION OF BACKGROUND AND SECURITY CHECKS.
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103)
is amended by adding at the end the following:
``(i) Notwithstanding any other provision of law, the Secretary of
Homeland Security, the Attorney General, or any court may not--
``(1) grant or order the grant of adjustment of status to
that of an alien lawfully admitted for permanent residence;
``(2) grant or order the grant of any other status, relief,
protection from removal, or other benefit under the immigration
laws; or
``(3) issue any documentation evidencing or related to such
grant by the Attorney General, the Secretary, or any court,
until such background and security checks as the Secretary may in his
discretion require have been completed to the satisfaction of the
Secretary.''.
SEC. 121. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.
Chapter 4 of title III of the Immigration and Nationality Act (8
U.S.C. 1501 et seq.) is amended by adding at the end the following:
``construction
``Sec. 362. (a) Nothing in this Act or 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 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--
``(1) any alien described in subparagraphs (A)(i),
(A)(iii), (B), or (F) of sections 212(a)(3) or subparagraphs
(A)(i), (A)(iii), or (B) of section 237(a)(4);
``(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; or
``(3) any alien for whom all law enforcement checks, as
deemed appropriate by such authorized official, have not been
conducted and resolved.
``(b) 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.''.
SEC. 122. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.
(a) In General.--Section 241(a)(5) of the Immigration and
Nationality Act (8 U.S.C. 1231(a)(5)) is amended to read as follows:
``(5) Reinstatement of previous removal orders.--
``(A) Removal.--The Secretary of Homeland Security
shall remove an alien who is an applicant for admission
(other than an admissible alien presenting himself or
herself for inspection at a port of entry or an alien
paroled into the United States under section
212(d)(5)), after having been, on or after September
30, 1996, excluded, deported, or removed, or having
departed voluntarily under an order of exclusion,
deportation, or removal.
``(B) Judicial review.--The removal described in
subparagraph (A) shall not require any proceeding
before an immigration judge, and shall be under the
prior order of exclusion, deportation, or removal,
which is not subject to reopening or review. The alien
is not eligible and may not apply for or receive any
immigration relief or benefit under this Act or any
other law, with the exception of sections 208 or
241(b)(3) or the United Nations Convention Against
Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment in the case of an alien who
indicates either an intention to apply for asylum under
section 208 or a fear of persecution or torture.''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
take effect as if enacted on March 1, 2003.
SEC. 123. AUTOMATED ALIEN RECORDS.
(a) In General.--Not later than 5 years after the date of enactment
of this Act, the Secretary of Homeland Security shall automate the
storage of alien records in an electronic format that is interoperable
with the alien record keeping systems of the Department of Justice and
accessible by other Federal agencies for the purposes of administering
the immigration laws of the United States.
(b) Existing Records.--The Secretary of Homeland Security shall
automate all alien records that were created during the 5-year period
ending on the date of enactment of this Act.
(c) Oversight.--The Chief Information Officer of the Department of
Homeland Security shall be responsible for oversight and management of
automating the storage of alien records in an electronic format.
(d) Official Record.--The automated alien record created under this
section shall constitute the official record for purposes of the
National Archives and Records Administration.
(e) Reports.--The Secretary of Homeland Security shall report to
the appropriate committees in Congress in 2008 and 2010 on the progress
made in automating alien records under this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2006 through 2010
to carry out this section.
SEC. 124. ANNUAL REPORT ON INTERIOR ENFORCEMENT.
The Secretary of Homeland Security shall submit to Congress, by not
later than January 15 of each year (beginning with 2006) on the
progress of enforcing immigration laws in the interior of the United
States.
TITLE II--IMPROVED BORDER SECURITY
SEC. 201. ASSIGNMENT OF MEMBERS OF THE ARMED FORCES TO ASSIST BUREAU OF
BORDER SECURITY AND BUREAU OF CITIZENSHIP AND IMMIGRATION
SERVICES OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Assignment Authority of Secretary of Defense.--Chapter 18 of
title 10, United States Code, is amended by inserting after section 374
the following new section:
``Sec. 374a. Assignment of members to assist border patrol and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may assign
members of the Army, Navy, Air Force, and Marine Corps to assist--
``(1) the Bureau of Border Security of the Department of
Homeland Security in preventing the entry of terrorists, drug
traffickers, and illegal aliens into the United States; and
``(2) the United States Customs Service of the Department
of Homeland Security in the inspection of cargo, vehicles, and
aircraft at points of entry into the United States to prevent
the entry of weapons of mass destruction, components of weapons
of mass destruction, prohibited narcotics or drugs, or other
terrorist or drug trafficking items.
``(b) Request for Assignment.--The assignment of members under
subsection (a) may occur only if--
``(1) the assignment is at the request of the Secretary of
Homeland Security; and
``(2) the request is accompanied by a certification by the
Secretary of Homeland Security that the assignment of members
pursuant to the request is necessary to respond to a threat to
national security posed by the entry into the United States of
terrorists, drug traffickers, or illegal aliens.
``(c) Training Program Required.--The Secretary of Homeland
Security and the Secretary of Defense, shall establish a training
program to ensure that members receive general instruction regarding
issues affecting law enforcement in the border areas in which the
members may perform duties under an assignment under subsection (a). A
member may not be deployed at a border location pursuant to an
assignment under subsection (a) until the member has successfully
completed the training program.
``(d) Conditions of Use.--(1) Whenever a member who is assigned
under subsection (a) to assist the Bureau of Border Security or the
United States Customs Service is performing duties at a border location
pursuant to the assignment, a civilian law enforcement officer from the
agency concerned shall accompany the member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection (a) to
conduct a search, seizure, or other similar law enforcement
activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly known
as the `Posse Comitatus Act').
``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Secretary of Homeland Security may establish ongoing joint task forces
if the Secretary of Homeland Security determines that the joint task
force, and the assignment of members to the joint task force, is
necessary to respond to a threat to national security posed by the
entry into the United States of terrorists, drug traffickers, or
illegal aliens.
``(2) If established, the joint task force shall fully comply with
the standards as set forth in this section.
``(f) Notification Requirements.--The Secretary of Homeland
Security shall provide to the Governor of the State in which members
are to be deployed pursuant to an assignment under subsection (a) and
to local governments in the deployment area notification of the
deployment of the members to assist the Department of Homeland Security
under this section and the types of tasks to be performed by the
members.
``(g) Reimbursement Requirement.--Section 377 of this title shall
apply in the case of members assigned under subsection (a).
``(h) Termination of Authority.--No assignment may be made or
continued under subsection (a) after September 30, 2007.''.
(b) Commencement of Training Program.--The training program
required by subsection (b) of section 374a of title 10, United States
Code, shall be established as soon as practicable after the date of the
enactment of this title.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
374 the following new item:
``374a. Assignment of members to assist border patrol and control.''.
SEC. 202. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.
(a) Personnel.--
(1) Customs and border protection officers.--In each of the
fiscal years 2006 through 2010, the Secretary of Homeland
Security shall increase by not less than 250 the number of
positions for full-time active duty Customs and Border
Protection officers.
(2) Authorization of appropriations.--
(A) Customs and border protection officers.--There
are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2006 through 2010 to
carry out paragraph (1).
(B) Border patrol agents.--There are authorized to
be appropriated such sums as may be necessary for each
of fiscal years 2006 through 2010 to carry out section
5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (118 Stat. 3734).
(C) Transportation of aliens.--There are authorized
to be appropriated $25,000,000 for each of fiscal years
2006 through 2010 for the transportation of aliens.
(b) Technological Assets.--
(1) Acquisition.--The Secretary of Homeland Security shall
procure unmanned aerial vehicles, cameras, poles, sensors,
radar, and other technologies necessary to achieve operational
control of the borders of the United States.
(2) Authorization of appropriations.--There are authorized
to be appropriated $500,000,000 for each of fiscal years 2006
through 2010 to carry out paragraph (1).
(c) Infrastructure.--
(1) Construction of border control facilities.--The
Secretary of Homeland Security shall construct all-weather
roads and shall acquire vehicle barriers and necessary
facilities to support its mission of achieving operational
control of the borders of the United States.
(2) Authorization of appropriations.--There are authorized
to be appropriated $500,000,000 for each of fiscal years 2006
through 2010 to carry out paragraph (1).
(d) Border Patrol Checkpoints.--Temporary or permanent checkpoints
may be maintained on roadways in border patrol sectors close to the
border between the United States and Mexico.
SEC. 203. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY.
(a) In General.--Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) is amended--
(1) in subsection (b)(1)(A)(i), by striking ``the officer''
the inserting ``a supervisory officer'' and
(2) in subsection (c), by adding at the end the following:
``(4) Expansion.--The Secretary of Homeland Security shall
make the expedited removal procedures under this subsection
available in all border patrol sectors on the southern border
of the United States as soon as operationally possible.
``(5) Training.--The Secretary of Homeland Security shall
provide employees of the Department of Homeland Security with
comprehensive training of the procedures authorized under this
subsection.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to
carry out the amendments made by this section.
SEC. 204. DOCUMENT FRAUD DETECTION.
(a) Training.--The Secretary of Homeland Security 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 Forensic Document Laboratory of the
Immigration and Customs Enforcement
(b) Forensic Document Laboratory.--The Secretary of Homeland
Security shall provide all customs and border protection officers with
access to the Forensic Document Laboratory.
(c) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for each of fiscal years 2006 through 2010 to
carry out this section.
SEC. 205. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL
LANDS.
(a) Grants Authorized.--The Secretary of Homeland Security 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.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security 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--
(1) describes the level of access of Border Patrol agents
on tribal lands;
(2) describes the extent to which enforcement of
immigration laws may be improved by enhanced access to tribal
lands;
(3) contains a strategy for improving such access through
cooperation with tribal authorities; and
(4) identifies grants provided by the Department of
Homeland Security for Indian tribes, either directly or through
State or local grants, relating to border security expenses.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to
carry out this section.
TITLE III--SOCIAL SECURITY FOR WORKING AMERICANS
SEC. 301. LETTERS TO EMPLOYERS BY THE COMMISSIONER OF SOCIAL SECURITY
FOR PURPOSES OF RESOLVING DISCREPANCIES IN WAGE RECORDS
AND NOTIFICATION OF THE SECRETARY OF HOMELAND SECURITY
REGARDING SUCH LETTERS.
(a) In General.--Section 205(c)(2) of the Social Security Act (42
U.S.C. 405(c)(2)) is amended by adding at the end the following new
subparagraph:
``(I)(i) In any case in which the Commissioner determines that the
social security account numbers in the wage records provided to the
Social Security Administration by an employer with respect to 10 or
more employees do not match relevant records otherwise maintained by
the Social Security Administration, the Commissioner shall promptly
send to the employer a written notice--
``(I) informing the employer of the discrepancies,
``(II) requesting such information as may be in the
possession of the employer as would assist the Commissioner in
resolving the discrepancies, and
``(III) informing the employer that a copy of such notice
is being provided to the Secretary of Homeland Security to
assist such Secretary in the enforcement of applicable Federal
immigration laws relating to employment of individuals who are
not authorized to work in the United States.
``(ii) In any case in which the Commissioner sends a notice
described in clause (i) with respect to employees of an employer, the
Commissioner shall simultaneously transmit a copy of such notice to the
Secretary of Homeland Security, including a listing of the names,
addresses, and social security account numbers of such employees,
according to the wage records described in clause (i), and any
nonmatching information with respect to the names, addresses, or social
security account numbers of such employees in the relevant records
otherwise maintained by the Social Security Administration.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to determinations by the Commissioner of Social
Security (that relevant records maintained by the Commissioner do not
match social security account numbers provided to the Commissioner by
employers) made on or after the date of the enactment of this Act.
SEC. 302. TIGHTENING REQUIREMENTS FOR THE PROVISION OF SOCIAL SECURITY
NUMBERS ON WITHHOLDING EXEMPTION CERTIFICATES.
(a) In General.--Section 6724 of the Internal Revenue Code of 1986
(relating to waiver; definitions and special rules) is amended by
adding at the end the following new subsection:
``(f) Special Rules With Respect to Social Security Numbers on
Withholding Exemption Certificates.--
``(1) Automatic waiver of penalty if social security number
verified.--No penalty shall be imposed under this part with
respect to the social security account number of an employee
furnished under section 6051(a)(2) if the employer verifies the
employee's identity pursuant to section 205(c)(2) of the Social
Security Act.
``(2) Reasonable cause waiver not to apply.--
``(A) In general.--Subsection (a) shall not apply
with respect to the social security account number of
an employee furnished under section 6051(a)(2).
``(B) Exception.--Subparagraph (A) shall not apply
in any case in which the employer--
``(i) receives confirmation of an
individual's identity pursuant to section
205(c)(2) of the Social Security Act, or
``(ii) corrects a clerical error made by
the employer with respect to the social
security account number of an employee within
60 days after notification under section
205(c)(2)(I) of the Social Security Act that
the social security account number contained in
wage records provided to the Social Security
Administration by the employer with respect to
the employee does not match the social security
account number of the employee contained in
relevant records otherwise maintained by the
Social Security Administration.''.
(b) Increase in Penalty on Employer Providing False Employee Social
Security Account Number.--Section 6721 of such Code (relating to
imposition of penalty) is amended by adding at the end the following
new subsection:
``(f) Increased Penalties for Failure to Furnish Correct Social
Security Account Number.--In the case of a failure to furnish the
correct social security account number under section 6051(a)(2)--
``(1) subsection (a)(1) shall be applied by substituting
`$500' for `$50' and `$2,500,000' for `$250,000',
``(2) subsection (b) shall not apply,
``(3) subsection (c) shall not apply,
``(4) subsection (d)(1)(A) shall be applied by substituting
`$500,000' for `$250,000', and
``(5) subsection (e) shall be applied by substituting
`$1,000' for `$100' in paragraph (2), and `$2,500,000' for
`$250,000' in paragraph (3)(A).''.
(c) Effective Dates.--
(1) Subsection (a).--The amendment made by subsection (a)
shall apply to statements furnished after December 31, 2005.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to failures occurring after December 31, 2005.
SEC. 303. ANNUAL REPORTS TO THE CONGRESS REGARDING LARGE EMPLOYERS WITH
THE LARGEST NUMBERS OF EMPLOYEES WITH NON-MATCHING SOCIAL
SECURITY ACCOUNT NUMBERS.
Section 205(c)(2) of the Social Security Act (as amended by section
301 of this title) is amended further by adding at the end the
following new subparagraph:
``(J)(i) Not later than January 31 of 2006 and of each subsequent
calendar year, the Commissioner of Social Security, in consultation
with the Secretary of the Treasury, shall--
``(I) determine the 500 large employers who, during the
preceding calendar year, employed the largest number of
employees whose social security account numbers, as furnished
under section 6051(a)(2) of the Internal Revenue Code of 1986,
did not match relevant records otherwise maintained by the
Commissioner or such Secretary as of the end of such calendar
year,
``(II) determine the 250 large employers with the highest
percentages, expressed as a percentage of each employer's
workforce as of the end of such preceding calendar year, of
employees described in subclause (I), and
``(III) report to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate the identities and addresses of the employers described
in subclause (I) and the identities and addresses of the
employers described in subclause (II) in connection with such
preceding calendar year.
``(ii) For purposes of this subparagraph--
``(I) The term `large employer' means, in connection with
any calendar year, an employer who normally employed more than
100 employees on a typical business day during the calendar
year.
``(II) In the case of an employer which was not in
existence throughout the calendar year, the determination of
whether such employer is a large employer shall be based on the
number of employees that it is reasonably expected such
employer will normally employ on business days in the
subsequent calendar year.
``(III) The Commissioner, in consultation with the
Secretary of the Treasury, may prescribe regulations which
provide for references in this clause to an employer to be
treated as including references to predecessors of such
employer.''.
SEC. 304. EXCLUSION OF UNAUTHORIZED WORK FROM WORK UPON WHICH
CREDITABLE EARNINGS MAY BE BASED.
(a) Exclusion of Unauthorized Employment From Employment Upon Which
Creditable Wages May Be Based.--Section 210(a)(19) of the Social
Security Act (42 U.S.C. 410(a)(19)) is amended--
(1) by striking ``(19) Service'' and inserting the
following:
``(19)(A) Service performed by an alien while employed in
the United States for any period during which the alien is not
authorized to be so employed.
``(B) Service''.
(b) Exclusion of Unauthorized Functions and Services From Trade or
Business From Which Creditable Self-Employment Income May Be Derived.--
Section 211(c) of the Social Security Act (42 U.S.C. 411(c)) is amended
by inserting after paragraph (6) the following new paragraph:
``(7) The performance of a function or service in the
United States by an alien during any period for which the alien
is not authorized to perform such function or service in the
United States.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to wages earned, and self-employment income derived,
before, on, or after the date of the enactment of this Act, except that
such amendments shall not apply with respect to monthly insurance
benefits under title II of the Social Security Act of individuals who
became eligible for such benefits for a month beginning before the date
of the enactment of this Act. For purposes of this subsection, an
individual shall be deemed eligible for a benefit for a month if, upon
filing application therefor in such month, such individual would be
entitled to such benefit for such month.
TITLE IV--WORK AUTHORIZATION AND ENFORCEMENT
SEC. 401. REQUIREMENT FOR EMPLOYERS TO CONDUCT EMPLOYMENT ELIGIBILITY
VERIFICATION.
(a) Renaming of Basic Pilot Program.--The basic pilot program
established under section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note) is hereby renamed as the ``Employment Eligibility
Verification System'' (and is referred to in this section as such).
(b) Extension of Scope of Program.--The Secretary of Homeland
Security shall provide for the implementation of the Employment
Eligibility Verification System throughout the United States on a
timely basis, consistent with the implementation of subsection (c) and
such System shall continue in operation until the implementation of the
employment eligibility verification system established under the
succeeding provisions of this title.
(c) Requirement for Use of Employment Eligibility Verification.--
(1) In general.--Subject to paragraph (3), any person or
other entity that hires any individual for employment in the
United States, including the Federal Government and any
contractors of the Federal Government, shall participate in the
Employment Eligibility Verification System.
(2) Sanctions for noncompliance; continuation of current
compliance authority.--The provisions of paragraph (2) of
section 402(e) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8
U.S.C. 1324a note) shall apply with respect to a person or
entity required to participate in the Employment Eligibility
Verification System in the same manner as such paragraph
applies to a person or entity required to participate under
such subsection.
(3) Effective date.--The requirement of paragraph (1)
applies to individuals hired on or after the date that is 30
days after the date of the enactment of this Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be required to carry out the Employment
Eligibility Verification System throughout the United States.
SEC. 402. AMENDMENTS TO THE SOCIAL SECURITY ACT RELATING TO
IDENTIFICATION OF INDIVIDUALS.
(a) Antifraud Measures for Social Security Cards.--Section
205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is
amended--
(1) by inserting ``(i)'' after ``(G)'';
(2) by striking ``banknote paper'' and inserting ``durable
plastic or similar material''; and
(3) by adding at the end the following new clauses:
``(ii) Each Social Security card issued under this subparagraph
shall include an encrypted machine-readable electronic identification
strip which shall be unique to the individual to whom the card is
issued. The Commissioner shall develop such electronic identification
strip in consultation with the Secretary of Homeland Security, so as to
enable employers to use such strip in accordance with section
274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(1)(B)) to obtain access to the Employment Eligibility Database
established by such Secretary pursuant to section 4 of such Act with
respect to the individual to whom the card is issued.
``(iii) Each Social Security card issued under this subparagraph
shall contain--
``(I) physical security features designed to prevent
tampering, counterfeiting, or duplication of the card for
fraudulent purposes; and
``(II) a disclaimer stating the following: `This card shall
not be used for the purpose of identification.'.
``(iv) The Commissioner shall provide for the issuance (or
reissuance) to each individual who--
``(I) has been assigned a Social Security account number
under subparagraph (B),
``(II) has attained the minimum age applicable, in the
jurisdiction in which such individual engages in employment,
for legally engaging in such employment, and
``(III) files application for such card under this clause
in such form and manner as shall be prescribed by the
Commissioner,
a Social Security card which meets the preceding requirements of this
subparagraph and which includes a recent digitized photograph of the
individual to whom the card is issued.
``(v) The Commissioner shall maintain an ongoing effort to develop
measures in relation to the Social Security card and the issuance
thereof to preclude fraudulent use thereof.''.
(b) Sharing of Information With the Secretary of Homeland
Security.--Section 205(c)(2) of such Act is amended by adding at the
end the following new subparagraph:
``(I) Upon the issuance of a Social Security account number under
subparagraph (B) to any individual or the issuance of a Social Security
card under subparagraph (G) to any individual, the Commissioner of
Social Security shall transmit to the Secretary of Homeland Security
such information received by the Commissioner in the individual's
application for such number or such card as such Secretary determines
necessary and appropriate for administration of the Enforcement First
Immigration Reform Act of 2005. Such information shall be used solely
for inclusion in the Employment Eligibility Database established
pursuant to section 4 of such Act.''.
(c) Effective Dates.--The amendment made by subsection (a) shall
apply with respect to Social Security cards issued after 2 years after
the date of the enactment of this title. The amendment made by
subsection (b) shall apply with respect to the issuance of Social
Security account numbers and Social Security cards after 2 years after
the date of the enactment of this title.
SEC. 403. EMPLOYMENT ELIGIBILITY DATABASE.
(a) In General.--The Secretary of Homeland Security shall establish
and maintain an Employment Eligibility Database. The Database shall
include data comprised of the citizenship status of individuals and the
work and residency eligibility information (including expiration dates)
with respect to individuals who are not citizens or nationals of the
United States but are authorized to work in the United States. Such
data shall include all such data maintained by the Department of
Homeland Security as of the date of the establishment of such database
and information obtained from the Commissioner of Social Security
pursuant to section 205(c)(2)(I) of the Social Security Act. The
Secretary shall maintain ongoing consultations with the Commissioner to
ensure efficient and effective operation of the Database.
(b) Incorporation of Ongoing Pilot Programs.--To the extent that
the Secretary determines appropriate in furthering the purposes of
subsection (a), the Secretary may incorporate the information,
processes, and procedures employed in connection with the Citizen
Attestation Verification Pilot Program and the Employment Eligibility
Verification Program into the operation and maintenance of the Database
under subsection (a).
(c) Confidentiality.--
(1) In general.--No officer or employee of the Department
of Homeland Security shall have access to any information
contained in the Database for any purpose other than--
(A) the establishment of a system of records
necessary for the effective administration of this
title; or
(B) any other purpose the Secretary of Homeland
Security deems to be in the national security interests
of the United States.
(2) Restriction.--The Secretary shall restrict access to
such information to officers and employees of the United States
whose duties or responsibilities require access for the
purposes described in paragraph (1).
(3) Other safeguards.--The Secretary shall provide such
other safeguards as the Secretary determines to be necessary or
appropriate to protect the confidentiality of information
contained in the Database.
(d) Deadline for Meeting Requirements.--The Secretary shall
complete the establishment of the Database and provide for the
efficient and effective operation of the Database in accordance with
this section not later than 2 years after the date of the enactment of
this title.
SEC. 404. REQUIREMENTS RELATING TO INDIVIDUALS COMMENCING WORK IN THE
UNITED STATES.
(a) Requirements for Employers and Employees.--Section 274A(a)(1)
of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)) is
amended to read as follows:
``(1) In general.--
``(A) Requirements for employees.--No individual
may commence employment with an employer in the United
States unless such individual has--
``(i) obtained a Social Security card
issued by the Commissioner of Social Security
meeting the requirements of section
205(c)(2)(G)(iii) of the Social Security Act;
and
``(ii) displayed such card to the employer
pursuant to the employer's request for purposes
of the verification required under subparagraph
(B).
``(B) Requirements for employers.--
``(i) In general.--No employer may hire for
employment an individual in the United States
in any capacity unless such employer verifies
under this subparagraph that such individual
has in his or her possession a Social Security
card issued to such individual pursuant to
section 205(c)(2)(G) of the Social Security Act
which bears a photograph of such individual and
that such individual is authorized to work in
the United States in such capacity. Such
verification shall be made in accordance with
procedures prescribed by the Secretary of
Homeland Security for the purposes of ensuring
against fraudulent use of the card and accurate
and prompt verification of the authorization of
such individual to work in the United States in
such capacity.
``(ii) Verification procedures.--Such
procedures shall include use of--
``(I) a phone verification system
which shall be established by the
Secretary; or
``(II) a card-reader verification
system employing a device approved by
the Secretary as capable of reading the
electronic identification strip borne
by the card so as to verify the
identity of the card holder and the
card holder's authorization to work,
and which is made available at minimal
cost to the employer.
``(iii) Security and effectiveness.--The
Secretary shall ensure that the phone
verification system described in subparagraph
(I) of clause (ii) is as secure and effective
as the card-reader verification system
described in subparagraph (II) of such clause.
``(iv) Access to database.--The Secretary
shall ensure that, by means of such procedures,
the employer will have such access to the
Employment Eligibility Database established and
operated by the Secretary pursuant to section 4
of the Enforcement First Immigration Reform Act
of 2005 as to enable the employer to obtain
information, relating to the citizenship,
residency, and work eligibility of the
individual seeking employment by the employer
in any capacity, which is necessary to inform
the employer as to whether the individual is
authorized to work for the employer in the
United States in such capacity.
``(v) Defense.--An employer who establishes
that the employer complied in good faith with
the requirements of this subparagraph shall not
be liable for hiring an unauthorized alien,
if--
``(I) such hiring occurred due to
an error in the phone verification
system, the card-reader verification
system, or the Employment Eligibility
Database which was unknown to the
employer at the time of such hiring;
and
``(II) the employer terminates that
employment of the alien upon being
informed of the error.''.
(b) Conforming Amendments.--Section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) is amended--
(1) in subsection (a), by striking paragraphs (3), (5), and
(6) and redesignating paragraphs (4) and (7) as paragraphs (3)
and (4), respectively;
(2) in subsection (b)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security'';
(B) by amending the matter preceding paragraph (2)
to read as follows:
``(b) Employment Verification Forms.--
``(1) Employer attestation of compliance.--The verification
procedures prescribed under subsection (a)(1)(B) shall include
an attestation, made under penalty of perjury and on a form
designated or established by the Secretary of Homeland Security
by regulation, that the employer has complied with such
procedures.''; and
(C) by striking paragraph (6);
(3) by striking subsection (d); and
(4) by amending subsection (h)(3) to read as follows:
``(3) Definitions.--For purposed of this section:
``(A) The term `authorized to work in the United
States', when applied to an individual, means that the
individual is not an unauthorized alien.
``(B) The term `employer' means--
``(i) any person or entity who hires an
individual; or
``(ii) any individual earning self-
employment income (as defined in section 211(b)
of the Social Security Act (42 U.S.C. 411(b))).
``(C) The term `employee' shall have the meaning
given such term in section 210(j) of the Social
Security Act (42 U.S.C. 410(j)).
``(D) The term `hire' means to hire an individual,
or to recruit or refer for a fee an individual, for
employment in the United States.
``(E) The term `unauthorized alien' means, with
respect to the employment of an alien at a particular
time, that the alien is not at that time--
``(i) an alien lawfully admitted for
permanent residence; or
``(ii) authorized to be so employed by this
Act or by the Secretary of Homeland
Security.''.
(c) Effective Date.--The amendments made by this section shall take
effect 2 years after the date of the enactment of this title and shall
apply to employment of any individual in any capacity commencing on or
after such effective date.
SEC. 405. COMPLIANCE.
(a) In General.--Section 274A(e) of the Immigration and Nationality
Act (8 U.S.C. 1324a(e)) is amended to read as follows:
``(e) Compliance.--
``(1) Civil penalty.--
``(A) In general.--The Secretary of Homeland
Security may assess a penalty, payable to the
Secretary, against any employer who--
``(i) hires an individual for employment in
the United States in any capacity who is known
by the employer not to be authorized to work in
the United States in such capacity; or
``(ii) fails to comply with the procedures
prescribed by the Secretary pursuant to this
section in connection with the employment of
any individual.
``(B) Amount.--Such penalty shall not exceed
$50,000 for each occurrence of a violation described in
subparagraph (A) with respect to the individual, plus,
in the event of the removal of such individual from the
United States based on findings developed in connection
with the assessment or collection of such penalty, the
costs incurred by the Federal Government, cooperating
State and local governments, and State and local law
enforcement agencies, in connection with such removal.
``(2) Actions by secretary.--If any person is assessed
under paragraph (1) and fails to pay the assessment when due,
or any person otherwise fails to meet any requirement of this
section, the Secretary may bring a civil action in any district
court of the United States within the jurisdiction of which
such person's assets are located or in which such person
resides or is found for the recovery of the amount of the
assessment or for appropriate equitable relief to redress the
violation or enforce the provisions of this section, and
process may be served in any other district. The district
courts of the United States shall have jurisdiction over
actions brought under this section by the Secretary without
regard to the amount in controversy.
``(3) Criminal penalty.--Any person who--
``(A) hires for employment any individual in the
United States in any capacity who such person knows not
to be authorized to work in the United States in such
capacity; or
``(B) hires for employment any individual in the
United States and fails to comply with the procedures
prescribed by the Secretary pursuant to section 5(b) in
connection with the hiring of such individual;
shall upon conviction be fined in accordance with title 18,
United States Code, or imprisoned for not more than 1 year for
each such offense (not to exceed 5 years for all such
offenses), or both.''.
(b) Conforming Amendments.--Section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) is amended--
(1) in subsection (g)(2), by striking ``hearing under
subsection (e),'' and inserting ``hearing,'';
(2) by striking subsection (f); and
(3) by redesignating subsections (e), (g), and (h) as
subsections (d), (e), and (f), respectively.
(c) Effective Date.--The amendments made by this section shall take
effect 2 years after the date of the enactment of this title and shall
apply to employment of any individual in any capacity commencing on or
after such effective date.
SEC. 406. INCREASE IN PERSONNEL ENSURING COMPLIANCE WITH PROHIBITIONS
ON UNLAWFUL EMPLOYMENT OF ALIENS .
Beginning with first fiscal year that begins after the date of the
enactment of this Act, the Secretary of Homeland Security shall,
subject to the availability of appropriations for such purpose,
increase by not less than 10,000 the number of positions within the
Department of Homeland Security for full-time personnel charged with
carrying out section 274A(d) of the Immigration and Nationality Act (8
U.S.C. 1324a(d)), as amended by section 405 of this title, above the
number of such positions for which funds were made available for fiscal
year 2004.
SEC. 407. INTEGRATION OF FINGERPRINTING DATABASES.
The Secretary of Homeland Security and the Attorney General of the
United States shall jointly undertake to integrate the fingerprint
database maintained by the Department of Homeland Security with the
fingerprint database maintained by the Federal Bureau of Investigation.
The integration of databases pursuant to this section shall be
completed not later than 2 years after the date of the enactment of
this title.
SEC. 408. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of Homeland Security.--Except as otherwise provided
in this title, there are authorized to be appropriated to the
Department of Homeland Security for each fiscal year beginning with the
first fiscal year that begins after the date of the enactment of this
Act, such sums as may be necessary to carry out this title and the
amendments made by this title, of which not less than $100,000,000
shall be for the purpose of carrying out section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by
section 406 of this title.
(b) Social Security Administration.--There are authorized to be
appropriated to the Social Security Administration for each fiscal year
beginning with the first fiscal year that begins after the date of the
enactment of this Act, such sums as are necessary to carry out the
amendments made by section 403.
SEC. 409. RULES OF CONSTRUCTION.
(a) In General.--Nothing in this title shall be construed--
(1) to require the presentation of a Social Security card
for any purpose other than--
(A) for the administration and enforcement of the
Social Security laws of the United States; or
(B) for the purpose of implementing and enforcing
this title and the amendments made by this title; or
(2) to require the Social Security card to be carried by an
individual.
(b) No National Identification Card.--It is the policy of the
United States that the Social Security card shall not be used as a
national identification card.
TITLE V--SECURE IDENTIFICATION STANDARDS
SEC. 501. PROHIBITION ON ACCEPTANCE OF IDENTIFICATION ISSUED BY FOREIGN
GOVERNMENTS.
(a) In General.--A Federal agency may not accept, for any official
purpose, an identification document for an individual if the
identification document is issued by a foreign government.
(b) Exception.--If a passport issued by a foreign government is
authorized by Federal law to be accepted for a specific official
purpose on the date of the enactment of this title, subsection (a)
shall not be construed to affect such authorization.
(c) Definition.--For purposes of this section, the term ``Federal
agency'' means--
(1) an Executive agency (as defined in section 105 of title
5, United States Code);
(2) a military department (as defined in section 102 of
title 5, United States Code);
(3) an office, agency, or other establishment in the
legislative branch of the Government of the United States;
(4) an office, agency, or other establishment in the
judicial branch of the Government of the United States; and
(5) the government of the District of Columbia.
SEC. 502. FOREIGN-ISSUED FORMS OF IDENTIFICATION PROHIBITED AS PROOF OF
IDENTITY TO OPEN ACCOUNTS AT FINANCIAL INSTITUTIONS.
Section 5318(l) of title 31, United States Code (relating to
identification and verification of accountholders) is amended--
(1) by redesignating paragraph (6) as paragraph (7); and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) Prohibition on use of identification issued by a
foreign government.--A financial institution may not accept any
form of identification that was issued by a foreign government,
other than a passport, for use in verifying the identity of a
person in connection with the opening of an account by such
person at the financial institution, including a matricula
consular issued in the United States by a duly authorized
consular officer of the Government of Mexico.''.
SEC. 503. IDENTIFICATION STANDARD FOR FEDERAL BENEFITS.
(a) Federal Agencies.--No department, agency, commission, other
entity, or employee of the Federal Government may accept, recognize, or
rely on (or authorize the acceptance or recognition of or reliance on)
for the purpose of establishing identity any document except those
described in subsection (c).
(b) State and Local Agencies.--No department, agency, commission,
other entity, or employee of a State or local government charged with
providing or approving applications for public benefits or services
funded in whole or in part with Federal funds may accept, recognize, or
rely on (or authorize the acceptance or recognition of or reliance on)
for the purpose of establishing identity any document except those
described in subsection (c).
(c) Documents Described.--Documents described in this subsection
are limited to--
(1)(A) Valid, unexpired United States passports,
immigration documents, and other identity documents issued by a
Federal authority.
(B) Individual taxpayer identification numbers issued by
the Internal Revenue Service shall not be considered identity
documents for purposes of subparagraph (A).
(2) Valid, unexpired identity documents issued by a State
or local authority if--
(A) the State or local authority statutorily bars
issuance of such identity documents to aliens
unlawfully present in the United States; and
(B) the State or local authority requires
independent verification of records provided by the
applicant in support of the application for such
identity documents.
(3) Valid, unexpired foreign passports, if such passports
include or are accompanied by proof of lawful presence in the
United States.
SEC. 504. CHANGE IN FORMAT OF INDIVIDUAL TAXPAYER IDENTIFICATION
NUMBERS (ITINS).
Notwithstanding any other provision of law, the Secretary of the
Treasury shall, not later than one year after the date of the enactment
of this Act, modify the format of Individual Taxpayer Identification
Numbers (ITINs) in a manner so that they no longer resemble social
security account numbers.
SEC. 505. SHARING ITIN-RELATED INFORMATION.
Notwithstanding any other provision of law, the Commissioner of
Internal Revenue is authorized to, and shall, share with the Secretary
of Homeland Security the names and addresses of individuals with
assigned Individual Taxpayer Identification Numbers as the Secretary
may certify as necessary for the enforcement of Federal immigration
laws.
SEC. 506. BIRTH CERTIFICATES.
(a) Applicability of Minimum Standards to Local Governments.--The
minimum standards in this section applicable to birth certificates
issued by a State shall also apply to birth certificates issued by a
local government in the State. It shall be the responsibility of the
State to ensure that local governments in the State comply with the
minimum standards.
(b) Minimum Standards for Federal Recognition.--
(1) Minimum standards for federal use.--
(A) In general.--Beginning 3 years after the date
of the enactment of this Act, a Federal agency may not
accept, for any official purpose, a birth certificate
issued by a State to any person unless the State is
meeting the requirements of this section.
(B) State certifications.--The Secretary of
Homeland Security shall determine whether a State is
meeting the requirements of this section based on
certifications made by the State to the Secretary. Such
certifications shall be made at such times and in such
manner as the Secretary, in consultation with the
Secretary of Health and Human Services, may prescribe
by regulation.
(2) Minimum document standards.--To meet the requirements
of this section, a State shall include, on each birth
certificate issued to a person by the State, the use of safety
paper, the seal of the issuing custodian of record, and such
other features as the Secretary of Homeland Security may
determine necessary to prevent tampering, counterfeiting, and
otherwise duplicating the birth certificate for fraudulent
purposes. The Secretary may not require a single design to
which birth certificates issued by all States must conform.
(3) Minimum issuance standards.--
(A) In general.--To meet the requirements of this
section, a State shall require and verify the following
information from the requestor before issuing an
authenticated copy of a birth certificate:
(i) The name on the birth certificate.
(ii) The date and location of the birth.
(iii) The mother's maiden name.
(iv) Substantial proof of the requestor's
identity.
(B) Issuance to persons not named on birth
certificate.--To meet the requirements of this section,
in the case of a request by a person who is not named
on the birth certificate, a State must require the
presentation of legal authorization to request the
birth certificate before issuance.
(C) Issuance to family members.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Homeland Security, in consultation with
the Secretary of Health and Human Services and the
States, shall establish minimum standards for issuance
of a birth certificate to specific family members,
their authorized representatives, and others who
demonstrate that the certificate is needed for the
protection of the requestor's personal or property
rights.
(D) Waivers.--A State may waive the requirements
set forth in clauses (i) through (iii) of subparagraph
(A) in exceptional circumstances, such as the
incapacitation of the registrant.
(E) Applications by electronic means.--To meet the
requirements of this section, for applications by
electronic means, through the mail or by phone or fax,
a State shall employ third party verification, or
equivalent verification, of the identity of the
requestor.
(F) Verification of documents.--To meet the
requirements of this section, a State shall verify the
documents used to provide proof of identity of the
requestor.
(4) Other requirements.--To meet the requirements of this
section, a State shall adopt, at a minimum, the following
practices in the issuance and administration of birth
certificates:
(A) Establish and implement minimum building
security standards for State and local vital record
offices.
(B) Restrict public access to birth certificates
and information gathered in the issuance process to
ensure that access is restricted to entities with which
the State has a binding privacy protection agreement.
(C) Subject all persons with access to vital
records to appropriate security clearance requirements.
(D) Establish fraudulent document recognition
training programs for appropriate employees engaged in
the issuance process.
(E) Establish and implement internal operating
system standards for paper and for electronic systems.
(F) Establish a central database that can provide
interoperative data exchange with other States and with
Federal agencies, subject to privacy restrictions and
confirmation of the authority and identity of the
requestor.
(G) Ensure that birth and death records are matched
in a comprehensive and timely manner, and that all
electronic birth records and paper birth certificates
of decedents are marked ``deceased''.
(H) Cooperate with the Secretary of Homeland
Security in the implementation of electronic
verification of vital events under subsection (d).
(c) Establishment of Electronic Birth and Death Registration
Systems.--In consultation with the Secretary of Health and Human
Services and the Commissioner of Social Security, the Secretary of
Homeland Security shall take the following actions:
(1) Work with the States to establish a common data set and
common data exchange protocol for electronic birth registration
systems and death registration systems.
(2) Coordinate requirements for such systems to align with
a national model.
(3) Ensure that fraud prevention is built into the design
of electronic vital registration systems in the collection of
vital event data, the issuance of birth certificates, and the
exchange of data among government agencies.
(4) Ensure that electronic systems for issuing birth
certificates, in the form of printed abstracts of birth records
or digitized images, employ a common format of the certified
copy, so that those requiring such documents can quickly
confirm their validity.
(5) Establish uniform field requirements for State birth
registries.
(6) Not later than 1 year after the date of the enactment
of this Act, establish a process with the Department of Defense
that will result in the sharing of data, with the States and
the Social Security Administration, regarding deaths of United
States military personnel and the birth and death of their
dependents.
(7) Not later than 1 year after the date of the enactment
of this Act, establish a process with the Department of State
to improve registration, notification, and the sharing of data
with the States and the Social Security Administration,
regarding births and deaths of United States citizens abroad.
(8) Not later than 3 years after the date of establishment
of databases provided for under this section, require States to
record and retain electronic records of pertinent
identification information collected from requestors who are
not the registrants.
(9) Not later than 6 months after the date of the enactment
of this Act, submit to Congress, a report on whether there is a
need for Federal laws to address penalties for fraud and misuse
of vital records and whether violations are sufficiently
enforced.
(d) Electronic Verification of Vital Events.--
(1) Lead agency.--The Secretary of Homeland Security shall
lead the implementation of electronic verification of a
person's birth and death.
(2) Regulations.--In carrying out paragraph (1), the
Secretary shall issue regulations to establish a means by which
authorized Federal and State agency users with a single
interface will be able to generate an electronic query to any
participating vital records jurisdiction throughout the United
States to verify the contents of a paper birth certificate.
Pursuant to the regulations, an electronic response from the
participating vital records jurisdiction as to whether there is
a birth record in their database that matches the paper birth
certificate will be returned to the user, along with an
indication if the matching birth record has been flagged
``deceased''. The regulations shall take effect not later than
5 years after the date of the enactment of this Act.
(e) Grants to States.--
(1) In general.--The Secretary of Homeland Security may
make grants to States to assist the States in conforming to the
minimum standards set forth in this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security for
each of the fiscal years 2006 through 2009 such sums as may be
necessary to carry out this section.
(f) Authority.--
(1) Participation with federal agencies and 25 states.--All
authority to issue regulations, certify standards, and issue
grants under this section shall be carried out by the Secretary
of Homeland Security, with the concurrence of the Secretary of
Health and Human Services and in consultation with State vital
statistics offices and appropriate Federal agencies.
(2) Extensions of deadlines.--The Secretary of Homeland
Security may grant to a State an extension of time to meet the
requirements of subsection (b)(1)(A) if the State provides
adequate justification for noncompliance.
(g) Repeal.--Section 7211 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is repealed.
TITLE VI--REFORM OF LEGAL IMMIGRATION
SEC. 601. INCREASE IN EMPLOYMENT BASED VISAS.
Notwithstanding any other provision of law, the number of
employment-based visas made available under sections 201(d) and 203(b)
of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1153(b)) for
each fiscal year (beginning with the first fiscal year beginning after
the date of the enactment of this Act) is hereby increased by 120,000.
SEC. 602. INCREASE IN CAP ON UNSKILLED WORKERS.
(a) In General.--Section 203(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)(3)(B)) is amended by striking
``10,000'' and inserting ``20,000''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply for visa numbers for fiscal years beginning with the first fiscal
year beginning after the date of the enactment of this Act.
SEC. 603. ELIMINATION OF FAMILY 4TH PREFERENCE VISA CATEGORY FOR ADULT
SIBLINGS OF CITIZENS.
(a) In General.--Section 203(a) of the Immigration and Nationality
Act (8 U.S.C. 1153(a)) is amended--
(1) in paragraph (1), by striking ``paragraph (4)'' and
inserting ``paragraph (3)''; and
(2) by striking paragraph (4).
(b) Conforming Amendments.--(1) Section 201(c)(1)(A)(i) of such Act
(8 U.S.C. 1151(c)(1)(A)(i)) is amended by striking ``480,000'' and
inserting ``415,000''.
(2) Section 204(a)(1)(A)(i) of such Act (8 U.S.C. 1154(a)(1)(A)(i))
is amended by striking ``(1), (3), or (4)'' and inserting ``(1) or
(3)''.
(3) Section 212(d)(11) of such Act (8 U.S.C. 1182(d)(11)) is
amended by striking ``(other than paragraph (4) thereof)''.
(c) Effective Date.--The amendments made by this section shall
apply for visa numbers for fiscal years beginning with the first fiscal
year beginning after the date of the enactment of this Act.
SEC. 604. 3-YEAR MORATORIUM ON IMMIGRANT VISAS FOR MEXICAN NATIONALS.
Notwithstanding any other provision of law, no native of Mexico (as
determined for purposes of section 202(b) of the Immigration and
Nationality Act) shall be eligible for an immigrant visa under section
203(a) or 203(b) of such Act for any of the 3 fiscal years beginning
with the first fiscal year that begins after the date of the enactment
of this Act.
SEC. 605. LIMITATION ON NUMBER OF FAMILY-SPONSORED IMMIGRANT VISAS FROM
MEXICO.
Notwithstanding any other provision of law, the number of immigrant
visas that may be issued to natives of Mexico under section 203(a) of
the Immigration and Nationality Act in any fiscal year (beginning with
the fiscal year after the last fiscal yaer in which section 604
applies) may not exceed 50,000.
SEC. 606. ELIMINATION OF DIVERSITY LOTTERY VISA CATEGORY.
(a) In General.--Section 203 of the Immigration and Nationality Act
(8 U.S.C. 1153) is amended by striking subsection (c).
(b) Conforming Amendments.--
(1) Section 201 of the Immigration and Nationality Act (8
U.S.C. 1151) is amended--
(A) in subsection (a)--
(i) by adding ``and'' at the end of
paragraph (1);
(ii) by striking ``; and'' at the end of
paragraph (2) and inserting a period; and
(iii) by striking paragraph (3); and
(B) by striking subsection (e).
(2) Section 203 of such Act (8 U.S.C. 1153) is amended--
(A) in subsections (d) and (h)(2)(B), by striking
``subsection (a), (b), or (c)'' and inserting
``subsection (a) or (b)''; and
(B) in subsection (g), by striking ``subsections
(a), (b), and (c)'' and inserting ``subsections (a) and
(b)''.
(3) Section 204(a)(1) of such Act (8 U.S.C. 1154(a)(1)) is
amended by striking subparagraph (I).
(c) Effective Date.--The amendments made by this section shall
apply for visa numbers for fiscal years beginning with the first fiscal
year beginning after the date of the enactment of this Act.
SEC. 607. ANNUAL REPORT ON PROJECTED JOB CREATION AND FOREIGN LABOR
DEMAND.
The Secretary of Labor shall submit to Congress, not later than
April 1 of each year (beginning with 2006), a report on projected job
creation in the United States and the demand for both immigrant and
nonimmigrant foreign laborers over each of the succeeding five fiscal
years.
SEC. 608. VISA TERM COMPLIANCE BONDS.
(a) Definitions.--For purposes of this section:
(1) Visa term compliance bond.--The term ``visa term
compliance bond'' means a written suretyship undertaking
entered into by an alien individual seeking admission to the
United States of America on a nonimmigrant visa whose
performance is guaranteed by a bail agent.
(2) Suretyship undertaking.--The term ``suretyship
undertaking'' means a written agreement, executed by a bail
agent, which binds all parties to its certain terms and
conditions and which provides obligations for the visa
applicant while under the bond and penalties for forfeiture to
ensure the obligations of the principal under the agreement.
(3) Bail agent.--The term ``bail agent'' means any
individual properly licensed, approved, and appointed by power
of attorney to execute or countersign bail bonds in connection
with judicial proceedings and who receives a premium.
(4) Surety.--The term ``surety'' means an entity, as
defined by, and that is in compliance with, sections 9304
through 9308 of title 31, United States Code, that agrees--
(A) to guarantee the performance, where
appropriate, of the principal under a visa term
compliance bond;
(B) to perform as required in the event of a
forfeiture; and
(C) to pay over the principal (penal) sum of the
bond for failure to perform.
(b) Issuance of Bond.--A consular officer may require an applicant
for a nonimmigrant visa, as a condition for granting such application,
to obtain a visa term compliance bond.
(c) Validity, Expiration, Renewal, and Cancellation of Bonds.--
(1) Validity.--A visa term compliance bond undertaking is
valid if it--
(A) states the full, correct, and proper name of
the alien principal;
(B) states the amount of the bond;
(C) is guaranteed by a surety and countersigned by
an attorney-in-fact who is properly appointed;
(D) is an original signed document;
(E) is filed with the Secretary of Homeland
Security along with the original application for a
visa; and
(F) is not executed by electronic means.
(2) Expiration.--A visa term compliance bond undertaking
shall expire at the earliest of--
(A) 1 year from the date of issue;
(B) at the expiration, cancellation, or surrender
of the visa; or
(C) immediately upon nonpayment of the premium.
(3) Renewal.--The bond may be renewed--
(A) annually with payment of proper premium at the
option of the bail agent or surety; and
(B) provided there has been no breech of
conditions, default, claim, or forfeiture of the bond.
(4) Cancellation.--The bond shall be canceled and the
surety and bail agent exonerated--
(A) for nonrenewal;
(B) if the surety or bail agent provides reasonable
evidence that there was misrepresentation or fraud in
the application for the bond;
(C) upon termination of the visa;
(D) upon death, incarceration of the principal, or
the inability of the surety to produce the principal
for medical reasons;
(E) if the principal is detained in any city,
State, country, or political subdivision thereof;
(F) if the principal departs from the United States
of America for any reason without permission of the
Secretary of Homeland Security and the surety or bail
agent; or
(G) if the principal is surrendered by the surety.
(5) Effect of expiration or cancellation.--When a visa term
compliance bond expires without being immediately renewed, or
is canceled, the nonimmigrant status of the alien shall be
revoked immediately.
(6) Surrender of principal; forfeiture of bond premium.--
(A) Surrender.--At any time before a breach of any
of the conditions of the bond, the surety or bail agent
may surrender the principal, or the principal may
surrender, to any office or facility of the Department
of Homeland Security charged with immigration
enforcement or border protection.
(B) Forfeiture of bond premium.--A principal may be
surrendered without the return of any bond premium if
the visa holder--
(i) changes address without notifying the
surety or bail agent and the Secretary of
Homeland Security in writing at least 60 days
prior to such change;
(ii) changes schools, jobs, or occupations
without written permission of the surety, bail
agent, and the Secretary;
(iii) conceals himself or herself;
(iv) fails to report to the Secretary as
required at least annually; or
(v) violates the contract with the bail
agent or surety, commits any act that may lead
to a breech of the bond, or otherwise violates
any other obligation or condition of the visa
established by the Secretary.
(7) Certified copy of undertaking or warrant to accompany
surrender.--
(A) In general.--A person desiring to make a
surrender of the visa holder--
(i) shall have the right to petition any
Federal court for an arrest warrant for the
arrest of the visa holder;
(ii) shall forthwith be provided a
certified copy of the arrest warrant and the
undertaking; and
(iii) shall have the right to pursue,
apprehend, detain, and deliver the visa holder,
together with the certified copy of the arrest
warrant and the undertaking, to any official or
facility of the Department of Homeland Security
charged with immigration enforcement or border
protection or any detention facility authorized
to hold Federal detainees.
(B) Effects of delivery.--Upon delivery of a person
under subparagraph (A)(iii)--
(i) the official to whom the delivery is
made shall detain the visa holder in custody
and issue a written certificate of surrender;
and
(ii) the court issuing the warrant
described in subparagraph (A)(i) and the
Secretary of Homeland Security shall
immediately exonerate the surety and bail agent
from any further liability on the bond.
(8) Form of bond.--A visa term compliance bond shall in all
cases state the following and be secured by a surety:
(A) Breech of bond; procedure, forfeiture,
notice.--
(i) If a visa holder violates any
conditions of the visa or the visa bond the
Secretary of Homeland Security shall--
(I) order the visa canceled;
(II) immediately obtain a warrant
for the visa holder's arrest;
(III) order the bail agent and
surety to take the visa holder into
custody and surrender the visa holder
to the Secretary; and
(IV) mail notice to the bail agent
and surety via certified mail return
receipt at each of the addresses in the
bond.
(ii) A bail agent or surety shall have full
and complete access to any and all information,
electronic or otherwise, in the care, custody,
and control of the United States Government or
any State or local government or any subsidiary
or police agency thereof regarding the visa
holder needed to comply with section 304 of the
Securing America's Future through Enforcement
Reform Act of 2005 that the court issuing the
warrant believes is crucial in locating the
visa holder.
(iii) If the visa holder is later arrested,
detained, or otherwise located outside the
United States and the outlying possessions of
the United States (as defined in section 101(a)
of the Immigration and Nationality Act), the
Secretary of Homeland Security shall--
(I) order that the bail agent and
surety are completely exonerated, and
the bond canceled and terminated; and
(II) if the Secretary has issued an
order under clause (i), the surety may
request, by written, properly filed
motion, reinstatement of the bond. This
subclause may not be construed to
prevent the Secretary from revoking or
resetting a higher bond.
(iv) The bail agent or surety must--
(I) produce the visa bond holder;
or
(II)(aa) prove within 180 days that
producing the bond holder was
prevented--
(bb) by the bond holder's
illness or death;
(cc) because the bond
holder is detained in custody
in any city, State, country, or
political subdivision thereof;
(dd) because the bond
holder has left the United
States or its outlying
possessions (as defined in
section 101(a) of the
Immigration and Nationality Act
(8 U.S.C. 1101(a)); or
(ee) because required
notice was not given to the
bail agent or surety; and
(ff) prove within 180 days that the
inability to produce the bond holder
was not with the consent or connivance
of the bail agent or sureties.
(v) If the bail agent or surety does not
comply with the terms of this bond within 60
days after the mailing of the notice required
under subparagraph (A)(i)(IV), a portion of the
face value of the bond shall be assessed as a
penalty against the surety.
(vi) If compliance occurs more than 60 days
but no more than 90 days after the mailing of
the notice, the amount assessed shall be one-
third of the face value of the bond.
(vii) If compliance occurs more than 90
days, but no more than 180 days, after the
mailing of the notice, the amount assessed
shall be two-thirds of the face value of the
bond.
(viii) If compliance does not occur within
180 days after the mailing of the notice, the
amount assessed shall be 100 percent of the
face value of the bond.
(ix) All penalty fees shall be paid by the
surety within 45 days after the end of such
180-day period.
(B) The Secretary of Homeland Security may waive
the penalty fees or extend the period for payment or
both, if--
(i) a written request is filed with the
Secretary; and
(ii) the bail agent or surety provides
evidence satisfactory to the Secretary that
diligent efforts were made to effect compliance
of the visa holder.
(C) Compliance; exoneration; limitation of
liability.--
(i) Compliance.--The bail agent or surety
shall have the absolute right to locate,
apprehend, arrest, detain, and surrender any
visa holder, wherever he or she may be found,
who violates any of the terms and conditions of
the visa or bond.
(ii) Exoneration.--Upon satisfying any of
the requirements of the bond, the surety shall
be completely exonerated.
(iii) Limitation of liability.--The total
liability on any undertaking shall not exceed
the face amount of the bond.
SEC. 609. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
(a) In General.--Section 236(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as follows:
``(2) subject to section 241(a)(8), may release the alien
on bond of at least $10,000, with security approved by, and
containing conditions prescribed by, the Secretary of Homeland
Security, but the Secretary shall not release the alien on or
to his own recognizance unless an order of an immigration judge
expressly finds that the alien is not a flight risk and is not
a threat to the United States; and''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 610. DETENTION OF ALIENS DELIVERED BY BONDSMEN.
(a) In General.--Section 241(a) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)) is amended by adding at the end the following:
``(8) Effect of production of alien by bondsman.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall take into custody any alien subject to
a final order of removal, and cancel any bond previously posted
for the alien, if the alien is produced within the prescribed
time limit by the obligor on the bond. The obligor on the bond
shall be deemed to have substantially performed all conditions
imposed by the terms of the bond, and shall be released from
liability on the bond, if the alien is produced within such
time limit.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
all immigration bonds posted before, on, or after such date.
TITLE VII--CITIZENSHIP REFORM
SEC. 701. CITIZENSHIP AT BIRTH FOR CHILDREN OF NON-CITIZEN, NON-
PERMANENT RESIDENT ALIENS.
(a) In General.--Section 101 of the Immigration and Nationality Act
(8 U.S.C. 1101) is amended by inserting after subsection (c) the
following new subsection:
``(d) For purposes of section 301(a), a person born in the United
States shall be considered as `subject to the jurisdiction of the
United States' if--
``(1) the child was born in wedlock in the United States to
a parent either of whom is (A) a citizen or national of the
United States, or (B) an alien who is lawfully admitted for
permanent residence and maintains his or her residence (as
defined in subsection (a)(33)) in the United States; or
``(2) the child was born out of wedlock in the United
States to a mother who is (A) a citizen or national of the
United States, or (B) an alien who is lawfully admitted for
permanent residence and maintains her residence in the United
States.
For purposes of this subsection, a child is considered to be `born in
wedlock' only if both parents are married to each other and parents are
not considered to be married if such marriage is only a common law
marriage.''.
(b) Conforming Amendment.--Section 301 of such Act (8 U.S.C. 1401)
is amended by inserting ``(as defined in section 101(d))'' after
``subject to the jurisdiction thereof''.
(c) Effective Date.--The amendments made by this section shall
apply to aliens born on or after the date of the enactment of this Act.
SEC. 702. SANCTIONS FOR ACTS VIOLATING THE OATH OF RENUNCIATION AND
ALLEGIANCE..
(a) In General.--Subject to subsection (b), each of the following
acts performed by a naturalized citizen of the United States is deemed
a violation of the Oath of Renunciation and Allegiance that was taken
voluntarily by the citizen and are subject to a fine of $10,000,
imprisonment for one year, or both:
(1) Voting in an election of the foreign state in which the
persons were previously a subject or citizen.
(2) Running for elective office of the foreign state in
which the persons were previously a subject or citizen.
(3) Serving in any government body (executive, legislative,
or judicial, national, provincial, or local) of the foreign
state in which the persons were previously a subject or
citizen.
(4) Using the passport of the foreign state in which the
persons were previously a subject or citizen.
(5) Taking an oath of allegiance to the foreign state in
which the persons were previously a subject or citizen.
(6) Serving in the armed forces of the foreign state in
which the persons were previously a subject or citizen.
(b) Exception Authority.--In exceptional cases a naturalized
citizen may obtain a waiver and exemption from the sanction imposed by
subsection (a) with respect to an act if the Secretary of State (or in
the case of an act described in subsection (a)(6), the Secretary of
Defense) determines that the act is in the national interest of the
United States. Such waivers shall be granted in advance on a case-by-
case basis by the Secretary involved.
(c) Informing Applicants for Citizenship That the United States
Concerning Sanctions.--The Secretary of Homeland Security shall inform
applicants for United States citizenship of the provisions of this
section and shall incorporate knowledge and understanding of these
provisions into the history and government test that applicants are
required to complete for citizenship.
(d) Effective Date.--Subsection (a) shall apply to acts performed
on or after the date of the enactment of this Act.
SEC. 703. POLICY OF DISCOURAGEMENT OF DUAL/MULTIPLE CITIZENSHIP.
The Secretary of State shall revise the 1990 memoranda and
directives on dual citizenship and dual nationality and return to the
traditional policy of the Department of State of viewing dual/multiple
citizenship as problematic and as something to be discouraged not
encouraged.
SEC. 704. INFORMING BIRTH NATIONS OF THEIR PREVIOUS CITIZENS' NEW
STATUS AS AMERICAN CITIZENS.
(a) In General.--In the case of an individual who formerly a native
of a foreign state and who is naturalized as a citizen of the United
States, the Secretary of State shall provide for notice to consular
officials of such foreign state--
(1) of the fact of such naturalization and that such
individual is no longer subject to that states's jurisdiction;
and
(2) that the United State rejects the doctrine ``perpetual
allegiance''.
(b) Effective Date.--Subsection (a) applies to individuals
naturalized on or after the date of the enactment of this Act.
TITLE VIII--WAGES PAID TO UNAUTHORIZED ALIENS
SEC. 801. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT
BE DEDUCTED FROM GROSS INCOME.
(a) In General.--Subsection (c) of section 162 of the Internal
Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other
payments) is amended by adding at the end the following new paragraph:
``(4) Wages paid to or on behalf of unauthorized aliens.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any wage paid to or on behalf
of an unauthorized alien, as defined under section
274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3)).
``(B) Wages.--For the purposes of this paragraph,
the term `wages' means all remuneration for employment,
including the cash value of all remuneration (including
benefits) paid in any medium other than cash.
``(C) Safe harbor.--If a person or other entity is
participating in the basic pilot program described in
section 403 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) and obtains confirmation of identity and
employment eligibility in compliance with the terms and
conditions of the program with respect to the hiring
(or recruitment or referral) of an employee,
subparagraph (A) shall not apply with respect to wages
paid to such employee.''.
(b) 6-Year Limitation on Assessment and Collection.--Subsection (c)
of section 6501 of such Code (relating to exceptions) is amended by
adding at the end the following new paragraph:
``(10) Deduction claimed for wages paid to unauthorized
aliens.--In the case of a return of tax on which a deduction is
shown in violation of section 162(c)(4), any tax under chapter
1 may be assessed, or a proceeding in court for the collection
of such tax may be begun without assessment, at any time within
6 years after the return was filed.''.
(c) Use of Documentation for Enforcement Purposes.--Section 274A of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
is amended--
(1) in subparagraph (b)(5), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this chapter'';
(2) in subparagraph (d)(2)(F), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this chapter''; and
(3) in subparagraph (d)(2)(G), by inserting ``section
162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or
enforcement of''.
(d) Availability of Information.--The Commissioner of Social
Security shall make available to the Commissioner of Internal Revenue
any information related to the investigation and enforcement of section
162(c)(4) of the Internal Revenue Code of 1986, including any no-match
letter and any information in the suspense earnings file.
(e) Effective Date.--
(1) Except as provided in paragraph (2), this section and
the amendments made by this section shall take effect on the
date of the enactment of this Act.
(2) The amendments made by subsections (a) and (b) shall
apply to taxable years beginning after December 31, 2005.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Ways and Means, Financial Services, Homeland Security, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Ways and Means, Financial Services, Homeland Security, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Ways and Means, Financial Services, Homeland Security, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Ways and Means, Financial Services, Homeland Security, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Ways and Means, Financial Services, Homeland Security, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Ways and Means, Financial Services, Homeland Security, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Ways and Means, Financial Services, Homeland Security, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
Referred to the Subcommittee on Terrorism, Unconventional Threats and Capabilities.
Sponsor introductory remarks on measure. (CR H9627-9628, H9630)