Border Security Enforcement and Detention Act of 2005

Border Security Enforcement and Detention Act of 2005 - Requires the mandatory detention of illegal aliens apprehended at a U.S. port of entry or along the U.S. land or maritime borders. Permits release with notice to appear only if the alien: (1) is not a security risk; and (2) provides a bond of at least $5,000.

Directs the Secretary of Homeland Security (DHS) to: (1) utilize all available DHS detention facilities; (2) conduct a analysis of all options to increase detention capacities, including the use of state and local correctional facilities, temporary detention facilities, private space, and detention alternatives; (3) expand the use of temporary detention facilities; and (4) report annually on repatriation costs.

Amends the Immigration and Nationality Act to deny admission to the nationals of a country that refuses or delays acceptance of its nationals ordered removed from the United States.

Authorizes FY2007-FY2010 appropriations for border patrol increases.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4238 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4238

   To provide for enhanced border security enforcement and detention 
                  facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 4, 2005

Mr. McCaul of Texas (for himself, Mr. Reyes, Mr. Cuellar, Mr. Daniel E. 
  Lungren of California, Ms. Granger, and Mr. Pearce) 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 provide for enhanced border security enforcement and detention 
                  facilities, and for other purposes.

    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 ``Border Security Enforcement and 
Detention Act of 2005''.

SEC. 2. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS 
              OF ENTRY.

    (a) In General.--Beginning on October 1, 2006, an unlawful alien 
who is apprehended at a United States port of entry or along the 
international land and maritime border of the United States shall be 
detained until removed or a final decision granting admission has been 
determined, if the alien--
            (1) is permitted to withdraw an application for admission 
        under section 235(a)(4) of the Immigration and Nationality Act 
        (8 U.S.C. 1225(a)(4)) and does not immediately depart from the 
        United States pursuant to such section; or
            (2) is ordered removed from the United States under section 
        235(b)(1)(A)(i) of such Act (8 U.S.C. 1225(b)(1)(A)(i)) without 
        further hearing or review.
    (b) Requirements During Interim Period.--Beginning 60 days after 
the date of the enactment of this Act and before October 1, 2006, an 
alien described in subsection (a) may be released with a notice to 
appear only if--
            (1) the Secretary of Homeland Security determines, after 
        conducting all appropriate background and security checks on 
        the alien, that the alien does not pose a national security 
        risk; and
            (2) the alien provides a bond of not less than $5,000.
    (c) Use of Bond.--In the case of an alien who forfeits a bond 
provided in accordance with subsection (b)(2), the Secretary of 
Homeland Security may use the bond for the purpose of funding alien 
absconder investigations carried out by the Department of Homeland 
Security.

SEC. 3. EXPANSION AND EFFECTIVE MANAGEMENT OF DETENTION FACILITIES.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary of Homeland Security shall fully utilize all available 
detention facilities operated or contracted by the Department of 
Homeland Security.
    (b) Analysis of Options to Increase Bed Space.--Not later than 90 
days after the date of the enactment of this Act, the Secretary shall 
conduct a comprehensive analysis of all possible options to cost 
effectively increase available detention capacities, including the use 
of State and local correctional facilities, temporary detention 
facilities, private space, and secure alternatives to detention.
    (c) Use of Temporary Detention Facilities.--The Secretary shall, as 
expeditiously as practicable, expand the use of temporary detention 
facilities to increase detention capacity during the period in which 
the Secretary is conducting the comprehensive analysis required under 
subsection (b).
    (d) Implementation.--Not later than October 1, 2008, the Secretary 
shall implement the options to cost effectively increase available 
detention capacities determined pursuant to the comprehensive analysis 
required under subsection (b).

SEC. 4. DENIAL OF ADMISSION TO NATIONALS OF COUNTRY DENYING OR DELAYING 
              ACCEPTING ALIEN.

    Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 
1253(d)) is amended to read as follows:
    ``(d) Denial of Admission to Nationals of Country Denying or 
Delaying Accepting Alien.--Whenever the Secretary of Homeland Security 
determines 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, the Secretary, 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 who was ordered 
removed.''.

SEC. 5. BORDER PATROL AGENTS.

    There are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary for each of fiscal 
years 2007 through 2010 to carry out section 5202 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (requiring the Secretary to 
increase the number of positions for full-time active-duty border 
patrol agents) (Public Law 108-458;118 Stat. 3734).

SEC. 6. REPORT ON FINANCIAL BURDEN OF REPATRIATION.

    Not later than October 31 of each year, the Secretary of Homeland 
Security shall submit to the Secretary of State and Congress a report 
that details the cost to the Department of Homeland Security of 
repatriation of aliens to their countries of nationality or last 
habitual residence, including details relating to cost per country.
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