Secure America Act of 2005 - Amends the Immigration and Nationality Act to direct that the Secretary of Homeland Security place an alien (other than from Mexico or Canada) who has not been admitted or paroled into expedited removal if apprehended within 100 miles of the border and within 14 days of unauthorized entry.
Directs the United States Sentencing Commission to promulgate increased alien smuggling sentencing guidelines. Amends the INA to increases criminal penalties for alien smuggling. Amends federal criminal law to provide additional penalties for carrying or using a firearm during alien smuggling activities.
Authorizes the use of the Armed Forces to secure the U.S. border.
Amends the INA to: (1) provide mandatory minimum sentences for aliens convicted of reentry after removal; and (2) impose on smugglers the same sentences that the aliens they have smuggled would receive.
Authorizes the Secretary to deny admission to any citizen, national, or resident of a country that has denied or delayed accepting an alien from such country who has been ordered removed from the United States.
Establishes in the Department of Homeland Security (DHS) the Bureau of Immigration Enforcement.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4240 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4240
To amend the Immigration and Nationality Act and other Acts to
strengthen the enforcement of the immigration laws, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2005
Mr. Hostettler 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 amend the Immigration and Nationality Act and other Acts to
strengthen the enforcement of the immigration laws, 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; AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT;
TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Secure America Act
of 2005''.
(b) Amendments to Immigration and Nationality Act.--Except as
otherwise specifically provided, whenever in this Act an amendment is
expressed in terms of an amendment to or repeal of a section or other
provision, the reference shall be considered to be made to that section
or other provision of the Immigration and Nationality Act.
(c) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; amendments to Immigration and Nationality Act;
table of contents.
Sec. 2. Expedited removal.
Sec. 3. Increased criminal sentences and fines for alien smuggling.
Sec. 4. Enhanced penalties for persons committing offenses while armed.
Sec. 5. Use of Army and Air Force to secure the border.
Sec. 6. Mandatory sentencing ranges for reentering aliens.
Sec. 7. Penalty for countries that do not accept return of nationals.
Sec. 8. Bureau of Immigration Enforcement.
SEC. 2. EXPEDITED REMOVAL.
(a) In General.--Section 235(b)(1)(A)(iii) (8 U.S.C.
1225(b)(1)(A)(iii)) is amended--
(1) in subclause (I), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'' each place it
appears; and
(2) by adding at the end the following new subclause:
``(III) Exception.--Notwithstanding subclauses (I)
and (II), the Secretary of Homeland Security shall
apply clauses (i) and (ii) of this subparagraph to any
alien (other than an alien described in subparagraph
(F)) who is not a national of a country contiguous to
the United States, who has not been admitted or paroled
into the United States, and who is apprehended within
100 miles of an international land border of the United
States and within 14 days of entry.''.
(b) Exceptions.--Section 235(b)(1)(F) (8 U.S.C. 1225(b)(1)(F)) is
amended by inserting before the period at the end the following: ``or
in any manner at or between a land border port of entry''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to all
aliens apprehended on or after such date.
SEC. 3. INCREASED CRIMINAL SENTENCES AND FINES FOR ALIEN SMUGGLING.
(a) In General.--Subject to subsection (b), pursuant to its
authority under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall promulgate sentencing
guidelines or amend existing sentencing guidelines for smuggling,
transporting, harboring, or inducing aliens under sections 274(a)(1)(A)
of the Immigration and Nationality Act (8 U.S.C. 1324(a)(1)(A)) so as
to--
(1) triple the minimum term of imprisonment under that
section for offenses involving the smuggling, transporting,
harboring, or inducing of--
(A) 1 to 5 aliens from 10 months to 30 months;
(B) 6 to 24 aliens from 18 months to 54 months;
(C) 25 to 100 aliens from 27 months to 81 months;
and
(D) 101 or more aliens from 37 months to 111
months;
(2) increase the minimum level of fines for each of the
offenses described in subparagraphs (A) through (D) of
paragraph (1) to the greater of $25,000 per alien or 3 times
the amount the defendant received or expected to receive as
compensation for the illegal activity;
(3) increase by at least 2 offense levels above the
applicable enhancement in effect on the date of the enactment
of this Act the sentencing enhancements for intentionally or
recklessly creating a substantial risk of serious bodily injury
or causing bodily injury, serious injury, or permanent or life
threatening injury;
(4) for actions causing death, increase the offense level
to be equivalent to that for involuntary manslaughter under
section 1112 of title 28, United States Code; and
(5) for corporations or other business entities that
knowingly benefit from such offenses, increase the minimum
level of fines for each of the offenses described in
subparagraphs (A) through (D) of paragraph (1) to $50,000 per
alien employed directly, or indirectly through contract, by the
corporation or entity.
(b) Exception.--Subsection (a) shall not apply to an offense that
involved the smuggling, transporting, or harboring only of the
defendant's spouse or child (or both the defendant's spouse and child).
(c) Deadline.--The United States Sentencing Commission shall carry
out subsection (a) not later than the date that is 6 months after the
date of the enactment of this Act.
(d) Amendments to Criminal Penalties.--Section 274(a) (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 years'' 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
State 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 nor 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''.
(e) Effective Date.--The amendments made by subsection (d) shall
take effect on the date of enactment of this Act and shall apply to
offenses committed after such date.
SEC. 4. ENHANCED PENALTIES FOR PERSONS COMMITTING OFFENSES WHILE ARMED.
(a) In General.--Section 924(c)(1) of title 18, United States Code,
is amended--
(1) in subparagraph (A)--
(A) by inserting after ``device)'' the following:
``or any violation of section 274(a)(1)(A) of the
Immigration and Nationality Act''; and
(B) by striking ``or drug trafficking crime--'' and
inserting ``, drug trafficking crime, or violation of
section 274(a)(1)(A) of the Immigration and Nationality
Act--''; and
(2) in subparagraph (D)(ii), by striking ``or drug
trafficking crime'' and inserting ``, drug trafficking crime,
or violation of section 274(a)(1)(A) of the Immigration and
Nationality Act''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
offenses committed after such date.
SEC. 5. USE OF ARMY AND AIR FORCE TO SECURE THE BORDER.
(a) In General.--Section 1385 of title 18, United States Code, is
amended by inserting after ``execute the laws'' the following: ``other
than at or near a border of the United States in order to prevent
aliens not permitted by law to enter the United States, terrorists, and
drug smugglers from entering the United States''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment this Act.
SEC. 6. MANDATORY SENTENCING RANGES FOR REENTERING ALIENS.
(a) Mandatory Sentencing Ranges for Reentering Aliens.--Section 276
(8 U.S.C. 1326) is amended--
(1) in subsection (a), in the matter following paragraph
(2), by striking ``imprisoned not more than 2 years,'' and
inserting ``imprisoned for a term of not less than 1 year and
not more than 2 years,''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``imprisoned not
more than 10 years,'' and inserting ``imprisoned for a
term of not less than 5 years and not more than 10
years,'';
(B) in paragraph (2), by striking ``imprisoned not
more than 20 years,'' and inserting ``imprisoned for a
term of not less than 10 years and not more than 20
years,''; and
(C) in paragraph (4), by striking ``imprisoned for
not more than 10 years,'' and inserting ``imprisoned
for a term of not less than 5 years and not more than
10 years,''.
(b) Mandatory Sentencing Ranges for Persons Aiding or Assisting
Certain Reentering Aliens.--Section 277 (8 U.S.C. 1327) is amended--
(1) by striking ``Any person'' and inserting ``(a) Subject
to subsection (b), any person''; and
(2) by adding at the end the following:
``(b)(1) Any person who knowingly aids or assists any alien
violating section 276(b) to reenter the United States, or who connives
or conspires with any person or persons to allow, procure, or permit
any such alien to reenter the United States, shall be fined under title
18, United States Code, or imprisoned for a term imposed under
paragraph (2), or both.
``(2) The term of imprisonment imposed under paragraph (1) shall be
within the range to which the reentering alien is subject under section
276(b).''.
(c) Effective Date.--The amendments made by this section are
effective on the date of enactment of this Act and shall apply to
sentences entered on or after such date.
SEC. 7. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT RETURN OF NATIONALS.
(a) In General.-- Section 243(d) (8 U.S.C. 1253(d)) is amended--
(1) by striking ``On being notified'' and inserting the
following:
``(1) In general.--Upon notification'';
(2) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears; 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.''.
(b) Effective Date.--The amendments made by subsection (a)
effective on the date of enactment of this Act.
SEC. 8. BUREAU OF IMMIGRATION ENFORCEMENT.
(a) In General.--Section 442 of Public Law 107-296 is amended--
(1) by striking the heading and inserting the following:
``SEC. 442. ESTABLISHMENT OF BUREAU OF IMMIGRATION ENFORCEMENT.'';
(2) by striking subsection (a)(1) and inserting the
following:
``(1) In general.--There shall be in the Department of
Homeland Security a bureau to be known as the `Bureau of
Immigration Enforcement'. The Bureau shall perform only those
functions described in section 441 and no other functions,
including no functions described in sections 403 and 421.'';
(3) by striking subsection (a)(2) and inserting the
following:
``(2) Assistant secretary.--The head of the Bureau of
Immigration Enforcement shall be the Assistant Secretary of the
Bureau of Immigration Enforcement, who--
``(A) shall report directly to the Under Secretary
for Border and Transportation Security; and
``(B) shall have a minimum of 5 years professional
experience in immigration law enforcement, and a
minimum of 5 years of management experience.'';
(4) in subsection (a)(3)--
(A) by striking ``Assistant Secretary of the Bureau
of Border Security'' and inserting ``Assistant
Secretary of the Bureau of Immigration Enforcement'';
(B) by striking ``Bureau of Border Security'' and
inserting ``Bureau of Immigration Enforcement'';
(C) by striking ``or'' and the end of subparagraph
(A)(i); and
(D) by striking clause (ii) of subparagraph (A));
(5) in subsection (a)(4), by striking ``Assistant Secretary
of the Bureau of Border Security'' and inserting ``Assistant
Secretary of the Bureau of Immigration Enforcement'';
(6) in subsection (a)(5), by striking ``Assistant Secretary
of the Bureau of Border Security'' and inserting ``Assistant
Secretary of the Bureau of Immigration Enforcement'';
(7) in subsection (b), by striking ``Bureau of Border
Security'' and inserting ``Bureau of Immigration Enforcement''
each place it appears; and
(8) in subsection (c), by striking ``Assistant Secretary of
the Bureau of Border Security'' and inserting ``Assistant
Secretary of Immigration Enforcement'' each place it appears.
(b) Conforming Amendments.--Sections 443, 444, 451, and 471 of such
Public Law are each amended by striking ``Bureau of Border Security''
and inserting ``Bureau of Immigration Enforcement'' each place it
appears.
(c) Limitation on Functions.--Section 471(b) of such Public Law, as
amended by this section, is further amended by adding at the end the
following: ``In addition, the authority provided by section 1502 may
not be used to add functions of the Bureau of Immigration Enforcement
not listed in section 441 to the Bureau of Immigration Enforcement.''.
<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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