Secure Our Nation's Interior Act of 2005 - Amends the Immigration and Nationality Act to revise expedited removal provisions to: (1) apply such provisions to an alien who has not been physically present in the United States continuously for the one-year (currently, two-year) period immediately prior to the date of determination of inadmissibility; and (2) exempt from such authority an alien who has been charged with a crime, is in criminal proceedings, or is serving a criminal sentence.
States that state or local law enforcement personnel have the inherent authority of a sovereign entity to apprehend, arrest, detain, or transfer to federal custody aliens in the United States (including the transportation of such aliens across state lines to detention centers) in the enforcement of U.S. immigration laws.
Directs, upon state or appropriate local request, the Secretary of the Department of Homeland Security (DHS) to: (1) take an illegal alien into federal custody, or request that the relevant state or local law enforcement agency temporarily incarcerate or transport the alien for transfer to federal custody; and (2) designate at least one federal, state, or local prison, or a private contracted prison or detention facility within each state as the central facility for that state to transfer custody of aliens to DHS. Provides for DHS reimbursement of state and local costs incurred in the incarceration and transportation of illegal aliens.
Provides that: (1) aliens (including alien crewmen) seeking admission or readmission to or transit through the United States must be inspected by immigration officers; (2) no alien may be admitted to the United States without having been processed through the automated entry-exit control system; and (3) such system shall verify the identity of every arriving and departing alien by comparing in real time the biometric identifier on such alien's travel or entry document or passport with the arriving or departing alien.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4079 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4079
To reduce the number of visa overstays and to ensure that illegal
aliens are apprehended, detained, and removed as rapidly as possible.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 19, 2005
Mr. Sullivan (for himself, Mr. Burton of Indiana, Mr. Tancredo, Mr.
Hayworth, Mr. Goode, Mr. Jones of North Carolina, Mr. Hefley, and Mr.
Garrett of New Jersey) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on Homeland Security, 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 reduce the number of visa overstays and to ensure that illegal
aliens are apprehended, detained, and removed as rapidly as possible.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure Our Nation's Interior Act of
2005''.
SEC. 2. EXPEDITED REMOVAL.
Section 235(b)(1)(A) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii)
and inserting the following:
``(i) In general.--If an immigration
officer determines that an alien (other than an
alien described in subparagraph (F)) who is
arriving in the United States, or who has not
been admitted or paroled into the United States
and who has not affirmatively shown, to the
satisfaction of an immigration officer, that
the alien has been physically present in the
United States continuously for the 1-year
period immediately prior to the date of the
determination of inadmissibility under this
paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), the officer shall
order the alien removed from the United States
without further hearing or review, unless--
``(I) the alien has been charged
with a crime, is in criminal
proceedings, or is serving a criminal
sentence; or
``(II) the alien indicates an
intention to apply for asylum under
section 208 or a fear of persecution
and the officer determines that the
alien has been physically present in
the United States for less than 1 year.
``(ii) Claims for asylum.--If an
immigration officer determines that an alien
(other than an alien described in subparagraph
(F)) who is arriving in the United States, or
who is described in clause (i), and the alien
indicates either an intention to apply for
asylum under section 208 or a fear of
persecution, the officer shall refer the alien
for an interview by an asylum officer under
subparagraph (B) if the officer determines that
the alien has been physically present in the
United States for less than 1 year.''.
SEC. 3. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW
ENFORCEMENT.
Notwithstanding any other provision of law and reaffirming the
existing inherent authority of States, law enforcement personnel of a
State or a political subdivision of a State have the inherent authority
of a sovereign entity to apprehend, arrest, detain, or transfer to
Federal custody aliens in the United States (including the
transportation of such aliens across State lines to detention centers),
in the enforcement of the immigration laws of the United States. This
State authority has never been displaced or preempted by Congress.
SEC. 4. DEPARTMENT OF HOMELAND SECURITY RESPONSE TO REQUESTS FOR
ASSISTANCE FROM STATE AND LOCAL LAW ENFORCEMENT.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by adding after section 240C the
following:
``custody of illegal aliens
``Sec. 240D. (a) In General.--If the Governor of a State (or, if
appropriate, a political subdivision of the State), exercising
authority with respect to the apprehension of an illegal alien, submits
a request to the Secretary of Homeland Security that the alien be taken
into Federal custody, the Secretary
``(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,
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 a Federal, State, or local prison or
jail or a private contracted prison or detention facility
within each State as the central facility for that State to
transfer custody of the criminal or illegal aliens to the
Department of Homeland Security. The Secretary of Homeland
Security may enter into contracts with appropriate State and
local law enforcement, private entities, and detention
officials to implement this subsection.
``(b) Reimbursement to States and Localities.--The Secretary of
Homeland Security shall reimburse States and localities for all
reasonable expenses, as determined by the Secretary, incurred by a
State or locality 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 subparagraphs (A) and
(B) of subsection (a)(1) 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.
``(c) Incarceration of Illegal Aliens.--The Secretary of Homeland
Security shall ensure that illegal aliens incarcerated in Federal
facilities pursuant to this subsection are held in facilities which
provide an appropriate level of security.
``(d) Transfer of Illegal Aliens.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security may establish a regular circuit
and schedule for the prompt transfer of apprehended illegal
aliens from the custody of States and political subdivisions of
States to Federal custody.
``(2) Agreements.--The Secretary of Homeland Security may
enter into contracts with appropriate State and local law
enforcement, private entities, and detention officials to
implement this subsection.
``(e) Definition.--For purposes of this section, the term `illegal
alien' means an alien who entered the United States without inspection
or at any time or place other than that designated by the Secretary of
Homeland Security.''.
SEC. 5. UNIVERSAL PROCESSING THROUGH THE AUTOMATED ENTRY-EXIT CONTROL
SYSTEM.
(a) Record of Entry and Exit.--Subsection (a) of section 110 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1221 note) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (4), respectively;
(2) by inserting before paragraph (2) (as so redesignated),
the following new paragraph:
``(1) collect and maintain a record of each admission for
every alien arriving in the United States;''; and
(3) in paragraph (2) (as so redesignated)--
(A) by striking ``(1) collect a record of'' and
inserting ``(1) collect and maintain a record of
each'';
(B) by striking the ``and'' at the end; and
(C) by inserting after paragraph (2) (as so
redesignated), the following:
``(3) verify the identity of every arriving and departing
alien by comparing in real time the biometric identifier on
such alien's travel or entry document or passport with the
arriving or departing alien; and''.
(b) Inspection.--
(1) Paragraph (3) of section 235(a) of the Immigration and
Nationality Act (8 U.S.C. 1225(a)) is amended to read as
follows:
``(3) Inspection.--
``(A) In general.--All aliens (including alien
crewmen) who are applicants for admission or otherwise
seeking admission or readmission to or transit through
the United States shall be inspected by immigration
officers.
``(B) Processing through entry-exit system.--
Notwithstanding any other provision of law and subject
to clauses (i) and (ii), no alien may be admitted to
the United States unless such alien has been processed
through the automated entry-exit control system
required by section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act (8 U.S.C. 1221
note).''.
(2) Paragraph (1) shall apply to all aliens seeking
admission or readmission on or after December 31, 2006.
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit a report
to the Congress detailing the additional resources, including machine
readers and personnel, that are needed at each port of entry, based on
recent and anticipated volumes of admissions at such ports of entry, to
fully implement subsection (b).
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, 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 Committee on Homeland Security, 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 Committee on Homeland Security, 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.
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