TRUE Enforcement and Border Security Act of 2005 - Sets forth border security-related provisions, including provisions respecting: (1) construction of fencing and security improvements in the the Pacific Ocean-Gulf of Mexico border area; (2) increased availability of Department of Defense (DOD) equipment on the southern border; and (3) construction of additional ports of entry.
Provides for increases in funding, personnel, and technology at the federal, state, and local level for immigration and border enforcement and visa security, worksite enforcement, document integrity, immigration fraud, and detention and removal of illegal aliens.
Establishes in the Department of Justice a position of Assistant Attorney General for Immigration Enforcement.
Revises provisions respecting: (1) the integrated entry and exit data system; (2) registration of aliens in the United States; (3) state and local enforcement of immigration laws; and (4) National Crime Information Center listing of immigration violators.
Provides for: (1) construction or acquisition of additional alien detention facilities; (2) federal custody of, and state or local compensation for, state or locally apprehended illegal aliens; (3) immigration-related training for state and local personnel; (4) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties; and (5) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement.
Authorizes grants to border-adjacent Indian tribes adversely affected by illegal immigration for law enforcement, health care, environmental restoration, and cultural preservation.
Revises visa and alien status provisions, including: (1) visa waiver program suspension; (2) diversity immigrant program elimination; (3) family sponsored immigrant allocations; and (4) visa compliance bonds.
Continues, and expands to all states, the institutional removal program (IRP).
Restricts citizenship-by-birth provisions.
Denies immigration benefits to alien terrorists or criminals.
Revises temporary protected status provisions.
Employment Security Act of 2005 - Revises the work eligibility verification program.
Directs the Commissioner for Social Security to establish an alien work eligibility database.
Revises social security card anti-fraud and related provisions.
Sets forth Internal Revenue Service (IRS) work eligibility verification provisions. Amends the Internal Revenue Code to: (1) make an illegal alien ineligible for nonresident alien tax status; and (2) prohibit a deduction for compensation paid to an unauthorized worker.
Increases alien smuggling penalties.
Establishes criminal penalties and forfeiture for aliens unlawfully present in the United States. Increases criminal penalties for marriage fraud and immigration-related entrepreneurship fraud. Revises criminal and civil penalties for improper entry and related actions by an alien. Increases criminal penalties for illegal entry and failure to depart violations. Increases criminal and civil penalties for document fraud, benefit fraud, and false citizenship claims.
Makes aliens participating in criminal street gangs inadmissible and deportable.
Revises specified voluntary departure, detention, and removal provisions.
Provides for: (1) expedited removal of criminal aliens; and (2) detention alternative pilot programs.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4313 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4313
To amend the Immigration and Nationality Act and other Act to provide
for true enforcement and border security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2005
Mr. Hunter (for himself, Mr. Goode, Mr. Davis of Kentucky, Mr. Issa,
Mr. Bilirakis, Mr. Royce, Mr. Forbes, Mr. Deal of Georgia, Mr. Calvert,
Mr. Hayworth, Mr. Tancredo, Mr. Cunningham, Mr. Norwood, Mr. Sullivan,
Mr. Franks of Arizona, Mr. Garrett of New Jersey, Ms. Foxx, Mr.
Marchant, Mr. Gary G. Miller of California, Mr. Culberson, Mr. Walden
of Oregon, Mr. Kuhl of New York, and Mr. Taylor of North Carolina)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Homeland Security,
Ways and Means, 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 amend the Immigration and Nationality Act and other Act to provide
for true enforcement and border security, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``TRUE Enforcement
and Border Security Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Severability.
TITLE I--SOUTHWEST BORDER SECURITY
Sec. 101. Construction of fencing and security improvements in border
area from Pacific Ocean to Gulf of Mexico.
Sec. 102. Border patrol agents.
Sec. 103. Increased availability of Department of Defense equipment to
assist with surveillance of southern
international land border of the United
States.
Sec. 104. Ports of entry.
Sec. 105. Authorization of appropriations.
TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT
Subtitle A--Additional Federal Resources
Sec. 201. Necessary assets for controlling United States borders.
Sec. 202. Additional immigration personnel.
Sec. 203. Additional worksite enforcement and fraud detection agents.
Sec. 204. Document fraud detection.
Subtitle B--Maintaining Accurate Enforcement Data on Aliens
Sec. 211. Entry-exit system.
Sec. 212. Alien registration.
Sec. 213. State and local law enforcement provision of information
regarding aliens.
Sec. 214. Listing of immigration violators in the national crime
information center database.
Subtitle C--Detention of Aliens and Reimbursement of Costs
Sec. 221. Increaseof Federal detention space and the utilization of
facilities identified for closures as a
result of the Defense Base Closure
Realignment Act of 1990.
Sec. 222. Federal custody of illegal aliens apprehended by State or
local law enforcement.
Sec. 223. Institutional Removal Program.
Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws
Sec. 231. Congressional affirmation of immigration law enforcement
authority by States and political
subdivisions of States.
Sec. 232. Immigration law enforcement training of State and local law
enforcement personnel.
Sec. 233. Communication between government agencies and the Department
of Homeland Security.
Sec. 234. Reducing illegal immigration and alien smuggling on tribal
lands.
Sec. 235. Immunity.
Subtitle E--Additional Provisions
Sec. 241. No preferential treatment of aliens not lawfully present for
public benefits.
Sec. 242. Authorized appropriations.
TITLE III--VISA REFORM AND ALIEN STATUS
Subtitle A--Limitations on Visa Issuance, Validity Due to Abuse, and
Suspension of the Visa Waiver Program
Sec. 301. Curtailment of visas for countries denying or delaying
repatriation of nationals.
Sec. 302. Cancellation of visas.
Sec. 303. No judicial review of visa revocation.
Sec. 304. Suspension of visa waiver program.
Sec. 305. Elimination of diversity immigrant program.
Sec. 306. Extended family preference categories.
Sec. 307. Sponsorship levels.
Subtitle B--Visa Term Compliance Bonds
Sec. 311. Definition and issuance of visa term compliance bonds.
Sec. 312. Release of aliens in removal proceedings.
Sec. 313. Detention of aliens delivered by bondsmen.
Subtitle C--Adjustment of Alien Status
Sec. 321. Adjustment of status for certain aliens.
Sec. 322. Expansion of naturalization requirement to certain
nonimmigrant aliens.
Sec. 323. Temporary protected status.
Sec. 324. Completion of background and security checks.
Sec. 325. Denial of benefits to terrorists and criminals.
Sec. 326. Repeal of section 245(i).
Sec. 327. Authorized appropriations.
TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY
Subtitle A--In General
Sec. 401. Short title.
Sec. 402. Congressional findings.
Sec. 403. Effective dates; implementation.
Subtitle B--Reform of the Work Eligibility Verification System
Sec. 411. Basic pilot program renamed interim work eligibility
verification program; verification
requirement for independent contractors.
Sec. 412. Work Eligibility Verification System.
Sec. 413. Protection for United States workers and individuals
reporting immigration law violations.
Sec. 414. Inadmissibility for failure to present documentation of work
eligibility.
Subtitle C--Work Eligibility Verification Reform in the Social Security
Administration
Sec. 421. Alien work eligibility database.
Sec. 422. Anti-fraud measures for social security cards.
Sec. 423. Notification by commissioner of failure to correct social
security information.
Sec. 424. Restriction on access and use; no national identification
card.
Sec. 425. Sharing of information with the commissioner of Internal
Revenue Service.
Sec. 426. Sharing of information with the Secretary of Homeland
Security.
Subtitle D--Work Eligibility Verification System Reform in the Internal
Revenue Agency
Sec. 431. Sharing of information with the Secretary of Homeland
Security and the Commissioner of Social
Security.
Sec. 432. Ineligibility for nonresident alien tax status.
Sec. 433. Unlawful use of individual taxpayer identification numbers.
Sec. 434. No deduction allowed for compensation paid to unauthorized
workers.
Subtitle E--Identification Document Integrity
Sec. 441. Consular identification documents.
Sec. 442. Machine-readable tamper-resistant immigration documents.
Sec. 443. Birth certificates.
Subtitle F--Limitations on Illegal Alien Collection of Social Security
Sec. 451. Exclusion of unauthorized employment from employment upon
which creditable wages may be based.
Sec. 452. Exclusion of unauthorized functions and services from trade
or business from which creditable self-
employment income may be derived.
Sec. 453. Effective date.
Sec. 454. Authorized appropriations.
TITLE V--PENALTIES AND ENFORCEMENT
Subtitle A--Criminal and Civil Penalties
Sec. 501. Criminal penalties for alien smuggling.
Sec. 502. Strengthened enforcement of alien registration laws.
Sec. 503. Criminal and civil penalties for entry of aliens at improper
time or place, avoidance of examination or
inspection, unlawful presence and
misrepresentation or concealment of facts.
Sec. 504. Civil and criminal penalties for aliens unlawfully present in
the United States.
Sec. 505. Increased penalties for reentry of removed aliens.
Sec. 506. Civil and criminal penalties for document fraud, benefit
fraud, and false claims of citizenship.
Sec. 507. Rendering inadmissible and deportable aliens participating in
criminal street gangs.
Sec. 508. Mandatory detention of suspected criminal street gang
members.
Sec. 509. Ineligibility from protection from removal and asylum.
Sec. 510. Penalties for misusing social security numbers or filing
false information with Social Security
Administration.
Subtitle B--Detention, Removal and Departure
Sec. 511. Voluntary departure.
Sec. 512. Expedited exclusion.
Sec. 513. Expedited removal of criminal aliens.
Sec. 514. Reinstatement of previous removal orders.
Sec. 515. Cancellation of removal.
Sec. 516. Detention of dangerous aliens.
Sec. 517. Alternatives to detention.
Sec. 518. Release of aliens from noncontiguous countries.
Sec. 519. Continuances; changes of venue.
Sec. 520. Authorization of appropriations.
SEC. 2. SEVERABILITY.
If any provision of this Act, including any amendment made by 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--SOUTHWEST BORDER SECURITY
SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER
AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.
Section 102(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C.
1103 note) is amended--
(1) in the heading by striking ``Near San Diego,
California'';
(2) by amending paragraph (1) to read as follows:
``(1) Security features.--
``(A) Reinforced fencing.--
``(i) In general.--In carrying out
subsection (a), the Secretary of Homeland
Security shall provide for--
``(I) the construction along the
southern international land border of
the United States, starting at the
Pacific Ocean and extending eastward to
the Gulf of Mexico, of at least 2
layers of reinforced fencing; and
``(II) the installation of such
additional physical barriers, roads,
lighting, and sensors along such border
as may be necessary to eliminate
illegal crossings along such border.
``(ii) Priority areas.--With respect to the
border described in clause (i), the Secretary
shall ensure that initial fence construction
occurs in high traffic and smuggling areas
along such border.
``(iii) Consultation.--Before installing
any fencing or other physical barriers, roads,
lighting, or sensors under clause (i) on land
transferred by the Secretary of Defense under
subparagraph (B), the Secretary shall consult
with the Secretary of Defense for purposes of
mitigating or limiting the impact of the
fencing, barriers, roads, lighting, and sensors
on military training and operations.
``(B) Border zone creation and acquisition.--
``(i) In general.--In carrying out
subsection (a), the Secretary of Homeland
Security shall create and control a border
zone, along the international land border
described in subparagraph (A), subject to the
following conditions:
``(I) Size.--The border zone shall
consist of the United States land area
within 100 yards of the international
land border described in subparagraph
(A), except that with respect to areas
of the border zone that are contained
within an organized subdivision of a
State or local government, the
Secretary may adjust the area included
in the border zone to accommodate
existing public and private structures.
``(II) Treatment of federal land.--
Not later than 30 days after the date
of the enactment of the Southwest
Border Security Act, the head of each
Federal agency having jurisdiction over
Federal land included in the border
zone shall transfer such land, without
reimbursement, to the administrative
jurisdiction of the Secretary of
Homeland Security.
``(III) Treatment of indian
lands.--With respect to Indian lands
included within the border zone, the
Secretary shall obtain, through
agreement, donation, purchase, or
condemnation, the rights, titles, or
interests in such real property that
are sufficient to provide for the
construction of the security features
described in subparagraph (A)(i) and
access to the border zone as may be
necessary to deter illegal crossings
into the United States. In this
subclause, the terms `Indian lands' and
`Indian tribe' shall have the meaning
given such terms in section 2103 of the
Revised Statutes (25 U.S.C. 81).
``(ii) Property review and acquisition.--
``(I) Property review.--The
Secretary shall conduct a comprehensive
review and value assessment of all
property in the border zone owned by
private parties, States, and local
governments.
``(II) Completion of review.--The
Secretary shall complete the review
required by subclause (I)--
``(aa) not later than 180
days after the date of the
enactment of the Southwest
Border Security Act, in the
case of priority areas
identified by subparagraph
(A)(ii); and
``(bb) not later than 360
days after the date of the
enactment of the Southwest
Border Security Act in the case
of other land in the border
zone.
``(III) Acquisition.--As soon as
practicable after the date of the
enactment of the Southwest Border
Security Act, the Secretary shall
commence proceedings for the
acquisition of the rights, titles, or
interest in such real property covered
by the review described in subclause
(I) in accordance with section 103(b)
of the Immigration and Nationality Act
(8 U.S.C. 1103(b)), and that are
sufficient to provide for the
construction of the security features
described in subparagraph (A)(i) and
access to the border zone as may be
necessary to deter illegal crossings
into the United States.
``(iii) Other uses.--The Secretary may
authorize the use of land included in the
border zone for other purposes so long as such
use does not impede the operation or
effectiveness of the security features in
stalled under subparagraph (A)(i) or the
ability of the Secretary to carry out
subsection (a).''; and
(3) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'' each place it appears.
SEC. 102. BORDER PATROL AGENTS.
Section 5202 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended--
(1) by striking ``2010'' and inserting ``2011'' each place
it appears; and
(2) by striking ``2,000'' and inserting ``3,000''.
SEC. 103. INCREASED AVAILABILITY OF DEPARTMENT OF DEFENSE EQUIPMENT TO
ASSIST WITH SURVEILLANCE OF SOUTHERN INTERNATIONAL LAND
BORDER OF THE UNITED STATES.
(a) Increased Availability of Equipment.--The Secretary of Defense
and the Secretary of Homeland Security shall develop and implement a
plan to use the authorities provided to the Secretary of Defense under
chapter 18 of title 10, United States Code, to increase the
availability and use of Department of Defense equipment, including
unmanned aerial vehicles, tethered aerostat radars, and other
surveillance equipment, to assist with Department of Homeland Security
surveillance activities conducted at or near the southern international
land border of the United States.
(b) Report.--Not later than six months after the date of the
enactment of this Act, the Secretary of Defense and the Secretary of
Homeland Security shall submit to Congress a report containing--
(1) a description of the current use of Department of
Defense equipment to assist with Department of Homeland
Security surveillance of the southern international land border
of the United States;
(2) the plan developed under subsection (a) to increase the
use of Department of Defense equipment to assist with such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by Department of Defense under such plan
during the one-year period beginning after submission of the
report.
SEC. 104. PORTS OF ENTRY.
(a) In General.--The Secretary of Homeland Security is authorized
to construct an additional 25 ports of entry along the international
land border of the United States, at locations to be determined by the
Secretary.
(b) Authorization of Appropriations.--For purposes of carrying out
subsection (a), there are authorized to be appropriated $125,000,000.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out sections 102 and 103, and the amendments made by such sections,
$5,000,000,000.
(b) Conforming Amendment.--Section 102(b)(4) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note) is repealed.
TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT
Subtitle A--Additional Federal Resources
SEC. 201. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.
(a) Personnel.--
(1) Customs and border protection officers.--In each of the
fiscal years 2007 through 2011, 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 2007 through 2011 to
carry out paragraph (1).
(B) Transportation of aliens.--There are authorized
to be appropriated $25,000,000 for each of fiscal years
2007 through 2011 for the transportation of aliens.
(b) Technological Assets.--
(1) Acquisition.--The Secretary of Homeland Security shall
procure unmanned aerial vehicles, cameras, poles, sensors, 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 2007
through 2011 to carry out paragraph (1).
(c) 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. 202. 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 2007
through 2011, 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 2007 through
2011, 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 2007 through 2011 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. The
Assistant Attorney General 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 2007
through 2011, 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
above the number of such positions for which funds were made
available during the preceding fiscal year.
(3) United states attorneys.--In each of fiscal years 2007
through 2011, 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 above the number of such positions for which funds were
made available during the preceding fiscal year.
(4) Immigration judges.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of immigration judges above the
number of such positions for which funds were made available
during the preceding fiscal year.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Justice for each of
fiscal years 2007 through 2011 such sums as may be necessary to
carry out this subsection, including the hiring of necessary
support staff.
SEC. 203. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.
(a) Worksite Enforcement.--The Secretary of Homeland Security
shall, subject to the availability of appropriations for such purpose,
annually increase, by not less than 2,000, the number of positions for
investigators dedicated to enforcing compliance with sections 274 and
274A of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a)
during the 5-year period beginning on October 1, 2006.
(b) Fraud Detection.--The Secretary of Homeland Security shall,
subject to the availability of appropriations for such purpose,
increase by not less than 1,000 the number of positions for Immigration
Enforcement Agents dedicated to immigration fraud detection during the
5-year period beginning on October 1, 2006.
(c) Authorization of Appropriations.--There are authorized to be
appropriated during each of fiscal years 2007 through 2011 such sums as
may be necessary to carry out 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 2007 through 2011 to
carry out this section.
Subtitle B--Maintaining Accurate Enforcement Data on Aliens
SEC. 211. ENTRY-EXIT SYSTEM.
(a) Integrated Entry and Exit Data System.--Section 110(b)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a(b)(1)) is amended to read as follows:
``(1) provides access to, and integrates, arrival and
departure data of all aliens who arrive and depart at ports of
entry, in an electronic format and in a database of the
Department of Homeland Security or the Department of State
(including those created or used at ports of entry and at
consular offices);''.
(b) Construction.--Section 110(c) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a(c)) is amended
to read as follows:
``(c) Construction.--Nothing in this section shall be construed to
reduce or curtail any authority of the Secretary of Homeland Security
or the Secretary of State under any other provision of law.''.
(c) Deadlines.--Section 110(d) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a(d)) is
amended--
(1) in paragraph (1), by striking ``December 31, 2003'' and
inserting ``October 1, 2006'';
(2) by amending paragraph (2) to read as follows:
``(2) Land border ports of entry.--Not later than October
1, 2006, the Secretary of Homeland Security shall implement the
integrated entry and exit data system using the data described
in paragraph (1) and available alien arrival and departure data
described in subsection (b)(1) pertaining to aliens arriving
in, or departing from, the United States at all land border
ports of entry. Such implementation shall include ensuring that
such data, when collected or created by an immigration officer
at a port of entry, are entered into the system and can be
accessed by immigration officers at airports, seaports, and
other land border ports of entry.''; and
(3) by striking paragraph (3).
(d) Authority to Provide Access to System.--Section 110(f)(1) of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1365a(f)(1)) is amended by adding at the end the following:
``The Secretary of Homeland Security shall ensure that any officer
or employee of the Department of Homeland Security or the Department of
State having need to access the data contained in the integrated entry
and exit data system for any lawful purpose under the Immigration and
Nationality Act has such access, including access for purposes of
representation of the Department of Homeland Security in removal
proceedings under section 240 of such Act and adjudication of
applications for benefits under such Act.''.
(e) Waiver Available.--If the President determines in writing, with
respect to a fiscal or calendar year, that a waiver of one or more of
the amendments made by this section is desirable and would not threaten
the national security of the United States, the President may waive the
effectiveness of such amendment or amendments with respect to such
year.
SEC. 212. ALIEN REGISTRATION.
(a) In General.--Section 262 of the Immigration and Nationality Act
(8 U.S.C. 1302) is amended to read as follows:
``registration of aliens in the united states
``Sec. 262. (a) Initial Registration.--
``(1) In general.--It shall be the duty of every alien now
or hereafter in the United States, who (1) is fourteen years of
age or older, (2) has not been registered and fingerprinted
under section 221(b) of this Act or section 30 or 31 of the
Alien Registration Act, 1940, and (3) remains in the United
States for thirty days or longer, to apply for registration and
to be fingerprinted before the expiration of such thirty days.
``(2) Minors.--It shall be the duty of every parent or
legal guardian of any alien now or hereafter in the United
States, who (1) is less than fourteen years of age, (2) has not
been registered under section 221(b) of this Act or section 30
or 31 of the Alien Registration Act, 1940, and (3) remains in
the United States for thirty days or longer, to apply for the
registration of such alien before the expiration of such thirty
days. Whenever any alien attains his fourteenth birthday in the
United States he shall, within thirty days thereafter, apply in
person for registration and to be fingerprinted.
``(b) Subsequent Registrations.--
``(1) Permanent residents.--In addition to any other
registration otherwise required under this Act or any other
Act, each alien lawfully admitted for permanent residence shall
annually register with the Secretary of Homeland Security,
regardless of whether there has been any change in the alien's
address. This requirement shall commence on the first
anniversary of the date on which the alien acquired the status
of an alien lawfully admitted for permanent residence that
occurs after the date of the enactment of this section.
``(2) Other aliens.--In addition to any other registration
otherwise required under this Act or any other Act, every alien
in the United States, other than an alien described in
paragraph (1), shall register with the Secretary of Homeland
Security at the expiration of each 3-month period during which
the alien remains in the United States, regardless of whether
there has been any change in the alien's address. This
requirement shall commence on the 90th day after the alien
enters the United States.
``(3) Minors.--In the case of an alien who is less than
fourteen years of age, a parent or legal guardian of the alien
shall carry out this subsection on behalf of the alien.
``(c) Change of Address.--
``(1) In general.--Each alien required to be registered
under this title who is within the United States shall notify
the Secretary of Homeland Security in writing of each change of
address and new address within ten days of the date of such
change and furnish with such notice such additional information
as the Secretary may require by regulation.
``(2) Certain foreign states.--
``(A) In general.--The Secretary of Homeland
Security may, in the discretion of the Secretary, upon
ten days notice, require the natives of any one or more
foreign states, or any class or group thereof, who are
within the United States and who are required to be
registered under this title, to notify the Secretary of
their current addresses and furnish such additional
information as the Secretary may require.
``(B) Notice for minors.--In the case of an alien
for whom a parent or legal guardian is required to
apply for registration, the notice required by this
section shall be given to such parent or legal
guardian.
``(3) Minors.--In the case of an alien who is less than
fourteen years of age, a parent or legal guardian of the alien
shall carry out this subsection on behalf of the alien.
``(d) Exception.--Subsections (b) and (c) shall not apply to an
alien lawfully admitted for permanent residence, and the alien's spouse
and children, if the alien is a member of the Armed Forces of the
United States serving on active duty (as defined in section 101(d) of
title 10, United States Code).
``(e) Forms.--The Secretary of Homeland Security shall prepare
forms for registrations and change of address notifications required
under this section. Such forms shall contain inquiries to obtain the
following information:
``(1) Full name and aliases.
``(2) Current address.
``(3) Date of birth.
``(4) Visa category.
``(5) Date of entry into the United States.
``(6) Termination date of authorization to remain in the
United Sates, if any.
``(7) Signature.
``(8) Biometric feature of the alien.
``(9) Any additional information that the Secretary of
Homeland Security determines to be necessary.
``(f) Information Technology System.--The Secretary of Homeland
Security shall establish and operate an information technology system
for the electronic collection, compilation, and maintenance of the
information submitted under this section. Such system shall permit any
alien address in the United States that has been registered with the
Secretary, and the date of such registration, to be accessed by any
officer or employee of the Department of Homeland Security having need
for such access for any lawful purpose under the Immigration and
Nationality Act.''.
(b) Repeal.--Section 265 of the Immigration and Nationality Act (8
U.S.C. 1305) is repealed and the table of contents is amended by
striking the item relating to such section.
(c) Conforming Amendments.--
(1) Removal for failure to comply.--Section 237(a)(3)(A) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(A)) is
amended by striking ``265'' and inserting ``262''.
(2) Registration of special groups.--Section 263(b) of such
Act (8 U.S.C. 1303(b)) is amended by inserting ``(excluding
subsection (c) of such section)'' after ``262''.
(3) Forms and procedure.--Section 264(a) of such Act (8
U.S.C. 1304(a)) is amended by striking ``of this title, and the
Attorney General is authorized and directed to prepare forms
for the registration and fingerprinting of aliens under section
262 of this title.'' and inserting a period.
(4) Penalties.--Section 266 of such Act (8 U.S.C. 1306) is
amended by striking ``265'' each place it appears and inserting
``262''.
(d) Report.--Not later than three years after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to the Committees on the Judiciary of the House of Representatives and
the Senate a report on the implementation of section 262 of the
Immigration and Nationality Act, as amended by this section, and the
results of such implementation.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 213. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION
REGARDING ALIENS.
(a) Violations of Federal Law.--A statute, policy, or practice that
prohibits, or restricts in any manner, a law enforcement or
administrative enforcement officer of a State or of a political
subdivision therein, from enforcing Federal immigration laws or from
assisting or cooperating with Federal immigration law enforcement in
the course of carrying out the investigative or enforcement duties of
the officer or from providing information to an official of the United
States Government regarding the immigration status of an individual who
is believed to be illegally present in the United States, is in
violation of section 642(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 434
of the Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1644).
(b) State and Local Law Enforcement Provision of Information About
Apprehended Illegal Aliens.--
(1) Provision of information.--
(A) In general.--In order to avoid a sanction under
paragraph (4), each law enforcement agency of a State
or of a political subdivision therein shall provide to
the Department of Homeland Security the information
listed in paragraph (2) for each alien who is 14 years
of age or older, who is apprehended in the jurisdiction
of such agency, and who cannot produce the valid
certificate of alien registration or alien registration
receipt card described in section 264(d) of the
Immigration and Nationality Act (8 U.S.C. 1304(d)).
(B) Time limitation.--Not later than 15 days after
an alien described in subparagraph (A) is apprehended,
information required to be provided under paragraph (1)
shall be provided in such form and in such manner as
the Secretary of Homeland Security may, by regulation
or guideline, require.
(C) Exception.--The reporting requirement in
paragraph (A) shall not apply in the case of any alien
determined to be lawfully present in the United States
who is exempt from the requirement of personal
possession of an alien registration or receipt document
in section 264(e) of the Immigration and Nationality
Act (8 U.S.C. 1304(e)).
(2) Information required.--The information listed in this
subsection is as follows:
(A) The alien's name.
(B) The alien's address or place of residence.
(C) A physical description of the alien.
(D) The date, time, and location of the encounter
with the alien and reason for stopping, detaining,
apprehending, or arresting the alien.
(E) If applicable--
(i) the alien's driver's license number and
the State of issuance of such license;
(ii) 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;
(iii) the license number and description of
any vehicle registered to, or operated by, the
alien; and
(iv) a photo of the alien and the alien's
fingerprints, if available or readily
obtainable.
(3) Reimbursement.--The Secretary of Homeland Security
shall reimburse such law enforcement agencies for the costs,
per a schedule determined by the Secretary, incurred by such
agencies in collecting and transmitting the information
described in paragraph (2).
(4) Sanction.--A law enforcement agency of a State or a
political subdivision therein that willfully fails to provide
the information required under paragraph (2) in accordance with
this section shall be ineligible to receive Federal funds
otherwise authorized under--
(A) the State Criminal Alien Assistance Program
described in section 241(i) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)); or
(B) under any grant program authorized under title
I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.).
(c) Technical and Conforming Amendments.--
(1) Illegal immigration reform and immigrant responsibility
act of 1996.--
(A) Technical amendment.--Section 642 of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1373) is amended--
(i) in subsections (a), (b)(1), and (c), by
striking ``Immigration and Naturalization
Service'' each place it appears and inserting
``Department of Homeland Security''; and
(ii) in the heading by striking
``immigration and naturalization service'' and
inserting ``department of homeland security''.
(B) Conforming amendment.--Section 1(d) of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (division C of Public Law 104-208; 110
Stat. 3009-546) is amended by striking the item related
to section 642 and inserting the following:
``Sec. 642. Communication between government agencies and the
Department of Homeland Security.''.
(2) Personal responsibility and work opportunity
reconciliation act of 1996.--
(A) In general.--Section 434 of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (8 U.S.C. 1644) is amended--
(i) by striking ``Immigration and
Naturalization Service'' and inserting
``Department of Homeland Security''; and
(ii) in the heading by striking
``immigration and naturalization service'' and
inserting ``department of homeland security''.
(B) Conforming amendment.--Section 2 of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (8 U.S.C. 1642) (Public Law
104-193; 110 Stat. 2105) is amended by striking the
item related to section 434 and inserting the
following:
``Sec. 434. Communication between State and local government agencies
and the Department of Homeland Security.''.
(d) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out the
requirements of this section.
SEC. 214. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the National Crime Information
Center.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
provide the National Crime Information Center of the Department
of Justice with such information as the Department of Homeland
Security may have in its possession of the Department related
to--
(A) any alien against whom a final order of removal
has been issued;
(B) any alien who is subject to a voluntary
departure agreement that has become invalid under
section 240B(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1229c); and
(C) any alien detained by a Federal, State or local
law enforcement agency whom a federal immigration
officer has confirmed to be unlawfully present in the
United States but, in the exercise of discretion, has
been released from detention without transfer into the
custody of a Federal immigration officer.
(2) Removal of information.--If an individual is granted
cancellation of removal under section 240A of the Immigration
and Nationality Act (8 U.S.C. 1229b), or granted permission to
legally enter the United States pursuant to the Immigration and
Nationality Act after a voluntary departure under section 240B
of the Immigration Nationality Act (8 U.S.C. 1229c),
information entered into the National Crime Information Center
in accordance with paragraph (1) of this section shall be
promptly removed.
(b) Inclusion of Information in the National Crime Information
Center 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 new
paragraph:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States,
regardless of whether the alien has received notice of the
violation or the alien has already been removed; and''.
(c) Permission to Depart Voluntarily.--Section 240b of the
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) in subsection (a)(2)(A), by striking ``120'' and
inserting ``30''.
Subtitle C--Detention of Aliens and Reimbursement of Costs
SEC. 221. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF
FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE
DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.
(a) Construction or Acquisition of Detention Facilities.--
(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 that have the capacity to detain a combined total of not
less than 200,000 individuals at any time for aliens detained
pending removal or a decision on removal of such alien from the
United States.
(2) Determination of location.--The location of any
detention facility built or acquired in accordance with this
subsection shall be determined with the concurrence of the
Secretary by the senior officer responsible for Detention and
Removal Operations in the Department of Homeland Security. The
detention facilities shall be located so as to enable the
Department to increase to the maximum extent practicable the
annual rate and level of removals of illegal aliens from the
United States.
(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) 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''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR
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 new section:
``transfer of illegal aliens from state to federal custody
``Sec. 240D. (a) In General.--If the head of a law enforcement
entity of a State (or, if appropriate, a political subdivision of the
State) exercising authority with respect to the apprehension or arrest
of an 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) deem the request to include the inquiry to
verify immigration status described in section 642(c)
of the Immigration Reform and Immigrant Responsibility
Act of 1996, and expeditiously inform the requesting
entity whether such individual is an illegal alien; and
``(B) either--
``(i) not later than 72 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
72 hours after the illegal alien is
apprehended, take the illegal alien into the
custody of the Federal Government and
incarcerate the alien; or
``(ii) request that the relevant State or
local law enforcement agency temporarily detain
or transport the illegal alien to a location
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 criminal or illegal aliens to the
Department of Homeland Security.
``(b) Reimbursement.--
``(1) In general.--The Department of Homeland Security
shall reimburse a State or a political subdivision of a State
for expenses, as verified by the Secretary of Homeland
Security, incurred by the State or political subdivision in the
detention and transportation of a criminal or illegal alien as
described in subparagraphs (A) and (B) of subsection (a)(1).
``(2) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (a)(1)
shall be--
``(A) the product of--
``(i) the average daily cost of
incarceration of a prisoner in the relevant
State, as determined by the chief executive
officer of a State (or, as appropriate, a
political subdivision of the State); multiplied
by
``(ii) the number of days that the alien
was in the custody of the State or political
subdivision; plus
``(B) the cost of transporting the criminal or
illegal alien from the point of apprehension or arrest
to the location of detention, and if the location of
detention and of custody transfer are different, to the
custody transfer point; plus
``(C) the cost of uncompensated emergency medical
care provided to a detained illegal alien during the
period between the time of transmittal of the request
described in subsection (a) and the time of transfer
into Federal custody.
``(c) Requirement for Appropriate Security.--The Secretary of
Homeland Security shall ensure that illegal aliens incarcerated in a
Federal facility pursuant to this subsection are held in facilities
which provide an appropriate level of security, and that, where
practicable, aliens detained solely for civil violations of Federal
immigration law are separated within a facility or facilities.
``(d) Requirement for Schedule.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular circuit and
schedule for the prompt transportation of apprehended illegal aliens
from the custody of those States and political subdivisions of States
which routinely submit requests described in subsection (a) into
Federal custody.
``(e) Authority for Contracts.--
``(1) In general.--The Secretary of Homeland Security may
enter into contracts or cooperative agreements with appropriate
State and local law enforcement and detention agencies to
implement this section.
``(2) Determination by secretary.--Prior to entering into a
contract or cooperative agreement with a State or political
subdivision of a State under paragraph (1), the Secretary shall
determine whether the State, or where appropriate, the
political subdivision in which the agencies are located has in
place any formal or informal policy that violates section 642
of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1373). The Secretary shall not allocate
any of the funds made available under this section to any State
or political subdivision that has in place a policy that
violates such section.
``(f) Illegal Alien Defined.--For purposes of this section, the
term `illegal alien' means an alien who--
``(1) entered the United States without inspection or at
any time 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.''.
(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There is authorized to be appropriated $850,000,000 for the detention
and removal of aliens not lawfully present in the United States under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal
year 2007 and each subsequent fiscal year.
SEC. 223. INSTITUTIONAL REMOVAL PROGRAM.
(a) Institutional Removal Program.--
(1) Continuation.--The Secretary of Homeland Security shall
continue to operate the Institutional Removal Program or
develop and implement any other program to--
(A) identify removable criminal aliens in Federal
and State correctional facilities;
(B) ensure that such aliens are not released into
the community; and
(C) remove such aliens from the United States after
the completion of their sentences.
(2) Expansion.--the Secretary of Homeland Security shall
extend the institutional removal program to all States. Each
state should--
(A) cooperate with officials of the Federal
Institutional Removal Program;
(B) expeditiously and systematically identify
criminal aliens in its prison and jail populations; and
(C) promptly convey the information collected under
subparagraph (B) to officials of the Institutional
Removal Program.
(b) Implementation of Cooperative Institutional Removal Programs.--
Section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) is designated as section 296
of the Immigration and Nationality Act, and inserted into such Act
after section 295 and is amended by adding at the end the following:
``(c) Authorization for Detention After Completion of State or
Local Prison Sentence .--Law enforcement officers of a State or
political subdivision of a State are authorized 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 Bureau of Immigration and
Customs Enforcement can take the alien into custody.
``(d) Technology Usage.--Technology such as videoconferencing shall
be used to the maximum extent practicable 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.
``(e) Report to Congress.--The Secretary of Homeland Security shall
submit to Congress a report on the participation of States in the
Institutional Removal Program and in any other program under subsection
(a).
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Institutional Removal Program--
``(1) $30,000,000 for fiscal year 2007;
``(2) $40,000,000 for fiscal year 2008;
``(3) $50,000,000 for fiscal year 2009;
``(4) $60,000,000 for fiscal year 2010; and
``(5) $70,000,000 for fiscal year 2011.''.
Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws
SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT
AUTHORITY 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 purpose of assisting in the enforcement of
the immigration laws of the United States in the normal course of
carrying out the law enforcement duties of such personnel. This State
authority has never been displaced or preempted by a Federal law.
SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW
ENFORCEMENT PERSONNEL.
(a) Training Flexibility.--
(1) In general.--The Secretary 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 of
the Department of Homeland Security, onsite training held at
State or local police agencies or facilities, on-line training
courses by computer, teleconferencing, and videotape, or the
digital video display (DVD) of a training course or courses.
(2) On-line training.--The head of the Distributed Learning
Program of the Federal Law Enforcement Training Center shall
make training available for State and local law enforcement
personnel via the Internet through a secure, encrypted
distributed learning system that has all its servers based in
the United States.
(3) Federal personnel training.--The training of State and
local law enforcement personnel under this section shall not
displace the training of Federal personnel.
(b) Cooperative Enforcement Programs.--The Secretary shall
negotiate and execute, where practicable, a cooperative enforcement
agreement described in section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1375(g)) with at least one law enforcement
agency in each State, to train law enforcement officers in the
detection and apprehension of individuals engaged in transporting,
harboring, sheltering, or encouraging aliens in violation of section
274 of such Act (8 U.S.C. 1324).
(c) Clarification.--Nothing in this Act 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 exercising the inherent authority of the officer to
investigate, identify, apprehend, arrest, detain, or transfer to
Federal custody illegal aliens during the normal course of carrying out
the law enforcement duties of the officer.
(d) Technical Amendment.--Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended by striking ``Attorney
General'' each place it appears and inserting ``Secretary of Homeland
Security''.
SEC. 233. COMMUNICATION BETWEEN GOVERNMENT AGENCIES AND THE DEPARTMENT
OF HOMELAND SECURITY.
Section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373) is amended by adding at the
end the following new subsections:
``(d) Enforcement.--
``(1) Ineligibility for federal law enforcement aid.--Upon
a determination that any person, or any Federal, State, or
local government agency or entity, is in violation of
subsection (a) or (b), the Attorney General shall not provide
to such person, agency, or entity any grant amount pursuant to
any law enforcement grant program carried out by any element of
the Department of Justice, including the program under section
241(i) of the Immigration and Nationality Act (8 U.S.C.
241(i)), or pursuant to any grant program authorized under
title I of the Housing and Community Development Act of 1974
(42 U.S.C. 5301 et seq.), and shall ensure that no such grant
amounts are provided, directly or indirectly, to such person,
agency, or entity. In the case of grant amounts that otherwise
would be provided to such person, agency, or entity pursuant to
a formula, such amounts shall be reallocated among eligible
recipients.
``(2) Violations by government officials.--In any case in
which a Federal, State, or local government official is in
violation of subsection (a) or (b), the government agency or
entity that employs (or, at the time of the violation,
employed) the official shall be subject to the sanction
described in paragraph (1).
``(3) Duration.--The sanction described in paragraph (1)
shall remain in effect until the Secretary of Homeland Security
determines that the person, agency, or entity has ceased
violating subsections (a) and (b).
``(e) Private Right of Action.--A citizen or national of the United
States who is domiciled in a State or in a political subdivision of a
State shall have a right of action in the United States district court
of the State in which such citizen or national is domicilied to obtain
declaratory and injunctive relief to remedy a violation of subsection
(a) or (b) by an agency, agent, or official of the State or political
subdivision.''.
SEC. 234. 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 to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives a report 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 2007 through 2011 to
carry out this section.
SEC. 235. IMMUNITY.
(a) Personal Immunity.--Notwithstanding any other provision of law,
a law enforcement officer of a State, or of a political subdivision of
a State, shall be immune, to the same extent as a Federal law
enforcement officer, from personal liability arising out of the
enforcement of any immigration law. The immunity provided by this
subsection shall only apply to an officer of a State, or of a political
subdivision of a State, who is acting within the scope of such
officer's official duties.
(b) Agency Immunity.--Notwithstanding any other provision of law, a
law enforcement agency of a State, or of a political subdivision of a
State, 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 that
the law enforcement officer of such agency, whose action the claim
involves, committed a violation of Federal, State, or local criminal
law in the course of enforcing such immigration law.
Subtitle E--Additional Provisions
SEC. 241. NO PREFERENTIAL TREATMENT OF ALIENS NOT LAWFULLY PRESENT FOR
PUBLIC BENEFITS.
(a) Post-Secondary Education Benefits.--Section 505 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (division C
of Public Law 104-208) is amended--
(1) in subsection (a), by striking ``on the basis of
residence within a State (or a political subdivision)''; and
(2) by adding at the end the following new subsections:
``(c) Annual Report.--The Office of Civil Rights of the United
States Department of Justice shall annually submit to Congress a report
on which, if any, post-secondary educational institutions have provided
benefits in contravention of this section.
``(d) Limitation on Federal Financial Assistance.--No Federal
agency shall provide any grant, reimbursement, or other financial
assistance to a post-secondary educational institution determined under
subsection (c) to continue to provide benefits in contravention of this
section. Any funds withheld under this subsection shall be reallocated
among qualifying educational institutions that are in compliance with
subsection (a).''.
(b) Public Benefits.--The Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193) is
amended--
(1) in section 411(d) (8 U.S.C. 1621(d)), by striking
``provides for such eligibility.'' and inserting ``provides for
the eligibility of United States citizens and nationals for
such benefit regardless of state residence.'';
(2) by amending subsection (d) of section 432 (8 U.S.C.
1642) to read as follows:
``(d) Declarative Rights.--A lawful resident of a State may, after
exhausting any available administrative remedies, seek declarative and
injunctive relief in Federal district court from a practice of a
government agency or agent of such State or of a political subdivision
therein that provides a Federal, State, or local public benefit to an
alien in violation of immigration laws, including the Immigration and
Nationality Act.''; and
(3) in section 433(a) (8 U.S.C. 1643(a))--
(A) by striking paragraph (2); and
(B) by striking ``Limitation'' and all that follows
through ``Nothing'' and inserting ``Limitation.--
Nothing''.
SEC. 242. AUTHORIZED APPROPRIATIONS.
In addition to amounts otherwise authorized to be appropriated,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011 to carry out this title.
TITLE III--VISA REFORM AND ALIEN STATUS
Subtitle A--Limitations on Visa Issuance, Validity Due to Abuse, and
Suspension of the Visa Waiver Program
SEC. 301. CURTAILMENT OF VISAS FOR COUNTRIES DENYING OR DELAYING
REPATRIATION OF NATIONALS.
Section 244 of the Immigration and Nationality Act (8 U.S.C. 1253)
is amended by adding at the end the following new subsection:
``(e) Public Listing of Aliens With No Significant Likelihood of
Removal.--
``(1) In general.--The Secretary of Homeland Security shall
establish and maintain a public listing of every alien who is
subject to a final order of removal and with respect to whom
the Secretary or any Federal court has determined that there is
no significant likelihood of removal in the reasonably
foreseeable future due to the refusal, or unreasonable delay,
of all countries designated by the alien under this section to
receive the alien. The public listing shall indicate whether
such alien has been released from Federal custody, and the city
and state in which such alien resides.
``(2) Discontinuation of visas.--During any month in which
24 or more of the citizens, subjects, or nationals of any
foreign state have remained on the public listing described in
paragraph (1) throughout such month, such foreign state shall
be deemed to have denied or unreasonably delayed the acceptance
of such aliens, and the Secretary of Homeland Security shall
make the notification to the Secretary of State prescribed in
subsection (d) of this section. The Secretary of State shall
accordingly discontinue the issuance of non-immigrant visas to
citizens, subjects, or nationals of such foreign state until
such time as the number of aliens on the public listing from
such foreign state has either (A) declined to fewer than six,
or (B) remainded below 24 for at least 30 days.''.
SEC. 302. CANCELLATION OF VISAS.
Section 222(g) of the Immigration and Nationality Act (8 U.S.C.
1202(g)) is amended--
(1) in paragraph (1), by inserting ``and any other
nonimmigrant visa issued by the United States that is in the
possession of the alien'' after ``such visa''; and
(2) in paragraph (2)(A), by inserting ``or foreign
residence'' after ``nationality''.
SEC. 303. 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 if such revocation provides the sole ground for removal
under section 237(a)(1)(B)''.
SEC. 304. SUSPENSION OF VISA WAIVER PROGRAM.
(a) In General.--Notwithstanding any other provision of law, the
visa waiver program established under section 217 of the Immigration
and Nationality Act is suspended until the Secretary of Homeland
Security determines and certifies to Congress that--
(1) the automated entry-exit control system authorized
under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note), as
amended, is fully implemented and functional;
(2) all United States ports of entry have functional
biometric machine readers; and
(3) all nonimmigrants, including Border Crossing Card
holders, are processed through the automated entry-exit system.
(b) Repealer.--Subparagraph (B) of section 217(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is repealed.
SEC. 305. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.
(a) Worldwide Level of Diversity Immigrants.--Section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph
(1);
(B) by striking ``; and'' at the end of paragraph
(2) and inserting a period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Allocation of Diversity Immigrant Visas.--Section 203 of such
Act (8 U.S.C. 1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking ``(a), (b), or (c),''
and inserting ``(a) or (b),'';
(3) in subsection (e), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''; and
(5) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''.
(c) Procedure for Granting Immigrant Status.--Section 204 of such
Act (8 U.S.C. 1154) is amended--
(1) by striking subsection (a)(1)(I); and
(2) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2006.
SEC. 306. EXTENDED FAMILY PREFERENCE CATEGORIES.
(a) In General.--Section 203(a) of the Immigration and Nationality
Act (8 U.S.C. 1153(a)) is amended to read as follows:
``(a) Preference Allocation for Family-Sponsored Immigrants.--
Qualified immigrants who are the spouses or children of an alien
lawfully admitted for permanent residence shall be subject to the
worldwide level specified in section 201(c) for family-sponsored
immigrants, and shall be allocated visas in a number not to exceed such
level.''.
(b) Worldwide Level of Family-Sponsored Immigrants.--Section 201(c)
of the Immigration and Nationality Act (8 U.S.C. 1151(c)) is amended--
(1) by striking ``480,000'' and inserting ``87,934''; and
(2) by striking ``226,000'' and inserting ``87,934''.
(c) Numerical Limitation to Any Single Foreign State.--Section 202
of the Immigration and Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(4), by striking subparagraph (A) and
inserting the following new subparagraph:
``(A) 75 percent not subject to per country
limitation.--Of the visa numbers made available under
section 203(a) in any fiscal year, 75 percent shall be
issued without regard to the numerical limitation under
paragraph (2).''; and
(2) in subsection (e)--
(A) in paragraph (1), by adding ``and'' at the end;
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2).
(d) Procedure for Granting Immigrant Status.--Section 204 of the
Immigration and Nationality Act (8 U.S.C. 1154) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(i), by striking ``paragraph
(1), (3), or (4) of'';
(B) in subparagraph (B), by striking ``203(a)(2)''
and ``203(a)(2)(A)'' each place such terms appear and
inserting ``203(a)''; and
(C) in subparagraph (D)(i)--
(i) in subclause (I), by striking ``a
petitioner for preference status under
paragraph (1), (2), or (3)'' and all that
follows through the period at the end and
inserting ``to be an individual under 21 years
of age for purposes of adjudicating such
petition, and for purposes of admission as an
immediate relative under section
201(b)(2)(A)(i), notwithstanding the actual age
of the individual.''; and
(ii) in subclause (III), by striking
``paragraph (1), (2), or (3) of section 203(a),
whichever paragraph is applicable,'' and
inserting ``section 203(a), and under 21 years
of age (notwithstanding the actual age of the
individual),''; and
(2) in subsection (f), by striking ``201(b), 203(a)(1), or
203(a)(3), as appropriate.'' and inserting ``201(b).''.
(e) Classes of Deportable Aliens.--Section 237(a)(1)(E)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended
by striking ``203(a)(2)'' and inserting ``203(a)''.
(f) Conditional Permanent Resident Status for Certain Alien Spouses
and Sons and Daughters.--Section 216(g)(1)(C) of the Immigration and
Nationality Act (8 U.S.C. 1186a(g)(1)(C)) is amended by striking
``203(a)(2)'' and inserting ``203(a)''.
(g) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 307. SPONSORSHIP LEVELS.
Section 213A(f) of the Immigration and Nationality Act (8 U.S.C.
1183a(f)) is amended by striking ``125 percent of the Federal poverty
line'' and inserting ``225 percent of the Federal poverty line'' each
place it appears.
Subtitle B--Visa Term Compliance Bonds
SEC. 311. DEFINITION AND ISSUANCE OF 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 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 breach 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
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 or, if required, pre-
approved itinerary without notifying the surety
or bail agent and the Secretary of Homeland
Security in writing at least three working days
after 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 breach 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) Breach 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 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 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 (8
U.S.C. 1101(a)), 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--
(AA) by the bond
holder's illness or
death;
(BB) because the
bond holder is detained
in custody in any city,
State, country, or
political subdivision
thereof;
(CC) 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
(DD) because
required notice was not
given to the bail agent
or surety; and
(bb) 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, as follows:
(I) If compliance occurs more than
60 days but not more than 90 days after
the mailing of the notice, the amount
assessed shall be one-third of the face
value of the bond.
(II) If compliance occurs more than
90 days, but not more than 180 days,
after the mailing of the notice, the
amount assessed shall be two-thirds of
the face value of the bond.
(III) 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.
(vi) 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.
(d) Regulations.--The Secretary of State and the Secretary of
Homeland Security shall, after consultation, issue provisional
regulations implementing the provisions of this section, to take effect
no later than 120 days the date of the enactment of this Act. Final
regulations shall be issued after public notice and comment, as
provided by law.
SEC. 312. 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. 313. 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
new paragraph:
``(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.
Subtitle C--Adjustment of Alien Status
SEC. 321. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS.
(a) Ineligibility for Adjustment of Status.--Section 245(c) of the
Immigration and Nationality Act (8 U.S.C. 1255(c)) is amended by
striking ``(other than an immediate relative as defined in section
201(b) or a special immigrant described in subparagraphs (H), (I), (J),
or (K) of section 101(a)(27))''.
(b) Inapplicability of Certain Provisions for Certain Immigrants.--
Section 245(k) of the Immigration and Nationality Act (8 U.S.C.
1255(k)) is amended to read as follows:
``(k) Inapplicability of Certain Provisions for Certain
Immigrants.--An alien who is eligible to receive an immigrant visa
under paragraph (1), (2), or (3) of section 203(b), as an immediate
relative as defined in section 201(b), or, in the case of an alien who
is an immigrant described in subparagraph (C), (H), (I), (J), or (K) of
section 101(a)(27), under section 203(b)(4), may adjust status pursuant
to subsection (a) and notwithstanding paragraphs (2), (7), and (8) of
subsection (c), if--
``(1) the alien, on the date of filing an application for
adjustment of status, is present in the United States pursuant
to a lawful admission; and
``(2) the alien, subsequent to such lawful admission has
not, for an aggregate period exceeding 180 days--
``(A) failed to maintain continuously a lawful
status;
``(B) engaged in unauthorized employment; or
``(C) otherwise violated the terms and conditions
of the alien's admission.''.
SEC. 322. EXPANSION OF NATURALIZATION REQUIREMENT TO CERTAIN
NONIMMIGRANT 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 101(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 not considered to be `born
in wedlock' if the mother and the father of the child are not married
to each other, or 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. 323. TEMPORARY PROTECTED STATUS.
(a) In General.--Section 244 of the Immigration and Nationality Act
(8 U.S.C. 1254a) is amended--
(1) in subsection (a)--
(A) by striking paragraph (3)(D);
(B) in paragraph (4)--
(i) by striking subparagraph (B);
(ii) by moving the text of subparagraph (A)
up and to the right so that it follows
immediately after the paragraph heading; and
(iii) by striking ``(A)''; and
(C) in paragraph (5), by striking ``to deny
temporary protected status to an alien based on the
alien's immigration status or'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by adding ``or''
at the end;
(ii) in subparagraph (B)--
(I) in clause (i), by striking
``disruption of living conditions'' and
inserting ``physical destruction of
homes and businesses'';
(II) by amending clause (ii) to
read as follows:
``(ii) the foreign state is unable,
temporarily, to house and employ the aliens who
are nationals of the state residing in the
United States, but has officially requested
designation and submitted to the Secretary of
State a specific plan to repatriate such
nationals as expeditiously as possible; and'';
and
(III) in clause (iii), by striking
``; or'' and inserting a period;
(iii) by striking subparagraph (C); and
(iv) by adding at the end the following:
``An initial designation, or extension of a designation, of a
foreign state (or part of such foreign state) under this paragraph
shall not become effective if the Secretary of Homeland Security finds
that permitting the aliens to remain temporarily in the United States
is contrary to the national interest of the United States.''
(B) in the last sentence of paragraph (2), by
striking ``18 months'' and inserting ``12 months'';
(C) in paragraph (3)--
(i) in subparagraph (A), by inserting
``all'' after ``and shall determine whether'';
(ii) in subparagraph (B), by inserting
``all'' after ``no longer continues to meet'';
and
(iii) by amending subparagraph (C) to read
as follows:
``(C) Extension of designation.--If the Secretary
of Homeland Security determines under subparagraph (A)
that a foreign state (or part of such foreign state)
continues to meet all the conditions for designation
under paragraph (1) and that the foreign state warrants
an extension, the period of designation of the foreign
State is extended for an additional period of 6 months
(or, in the discretion of the Secretary, a period of 12
months).''; and
(D) in paragraph (5)--
(i) by striking subparagraph (B);
(ii) by moving the text of subparagraph (A)
up and to the right so that it follows
immediately after the paragraph heading; and
(iii) by striking ``(A) Designations.--'';
(3) in subsection (c)--
(A) in paragraph (1)(B), by striking ``The amount
of any such fee shall not exceed $50.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``of
paragraph (1)--'' and all that follows through
the end and inserting the following: ``, the
provisions of section 212(a)(1) may be waived
in the Secretary of Homeland Security's
discretion if a denial of temporary protected
status would separate the alien from a spouse
or child of the alien in the United States.'';
(ii) in subparagraph (B)--
(I) by amending clause (i) to read
as follows:
``(i) the alien is inadmissible under
section 212(a) by reason of having been
convicted of a crime committed in the United
States, or the alien is deportable under
section 237(a) (other than under section
237(a)(1)(B));'';
(II) in clause (ii), by striking
the period at the end and inserting ``;
or''; and
(III) by adding at the end the
following new clause:
``(iii) the alien was unlawfully present in
the United States on the effective date of the
designation of the applicable foreign state (or
part of a state), or the effective date of any
extension of such designation, unless a law to
the contrary is enacted before such date,
except that if the Congress is adjourned sine
die on such date, the alien may be granted
temporary protected status for a period of not
more than 4 months.'';
(C) in paragraph (3)--
(i) by striking ``, or'' at the end of
subparagraph (B) and inserting a semicolon;
(ii) in subparagraph (C)--
(I) by inserting ``and record the
alien's current address'' after
``register''; and
(II) by striking the period at the
end and inserting a semicolon; and
(iii) by adding at the end the following
new subparagraphs:
``(D) the alien commits a crime after being granted
temporary protected status; or
``(E) the alien travels, no matter how briefly, to
the foreign state (or part of such state) the
designation of which was the basis of the alien being
granted such status.'';
(D) in paragraph (4), in each of subparagraphs (A)
and (B), by inserting before the period at the end the
following: ``, unless the alien travels, no matter how
briefly, to the foreign state (or part of such state)
the designation of which was the basis of the alien
being granted such status''; and
(E) by striking paragraph (6);
(4) in subsection (d), by striking paragraph (4);
(5) in subsection (e), by striking ``, unless the Attorney
General determines that extreme hardship exists'' in the first
sentence;
(6) in subsection (f)--
(A) by inserting ``and'' at the end of paragraph
(2);
(B) in paragraph (3), by striking ``Attorney
General; and'' and inserting ``Secretary of Homeland
Security, except to the foreign state (or part of such
state) the designation of which was the basis of the
alien being granted such status.''; and
(C) by striking paragraph (4); and
(7) in subsection (h)--
(A) in paragraph (1), by inserting ``or the House
of Representatives'' after ``Senate'';
(B) in paragraph (2), by striking ``three-fifths''
and inserting ``two-thirds''; and
(C) by inserting ``and the House of
Representatives'' after ``Senate'' each place such term
appears in paragraphs (2) and (3).
(b) Ineligibility of Certain Aliens.--
(1) In general.--In the case of a foreign state (or part of
a foreign state) initially designated under section 244 of the
Immigration and Nationality Act (8 U.S.C. 1254a), or having
such a designation extended, before the date of the enactment
of this Act, an alien who is a national of such state (or in
the case of an alien having no nationality, is a person who
last habitually resided in such state), and was unlawfully
present in the United States on the date of such designation or
extension, shall be subject to paragraph (2).
(2) Aliens ineligible.--An alien described in paragraph (1)
shall not be considered eligible for temporary protected status
under section 244 pursuant to any initial or succeeding
extension of a designation described in such paragraph that
takes effect after the date of the enactment of this Act,
unless a law to the contrary is enacted before such effective
date, except that if the Congress is adjourned sine die on such
effective date, the alien may be granted temporary protected
status for a period of not more than 4 months.
SEC. 324. 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 new subsection:
``(i) Notwithstanding any other provision of law, the Secretary of
Homeland Security, the Attorney General, or any court shall 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. 325. 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 new
section:
``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--
``(1) with respect to an alien described in subsection
(a)(1), deny or withhold any such application, petition,
status, or benefit on such basis; or
``(2) with respect to an alien described in paragraph (2)
or (3) of subsection (a), withhold pending resolution of the
investigation, case, or law enforcement checks any such
application, petition, status, or benefit on such basis.''.
SEC. 326. REPEAL OF SECTION 245(I).
Section 245(i) of the Immigration and Nationality Act (8 U.S.C.
1255(i)) is repealed.
SEC. 327. AUTHORIZED APPROPRIATIONS.
In addition to amounts otherwise authorized to be appropriated,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011 to carry out this title.
TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY
Subtitle A--In General
SEC. 401. SHORT TITLE.
This title may be cited as the ``Employment Security Act of 2005''.
SEC. 402. CONGRESSIONAL FINDINGS.
Congress makes the following findings:
(1) The failure of Federal, State and local governments to
control and sanction the unauthorized employment and unlawful
exploitation of illegal alien workers is the primary cause of
illegal immigration.
(2) The use of modern technology not available in 1986 will
enable employers to rapidly and accurately verify the identity
and work authorization of their employees and independent
contractors.
(3) The Federal Government and the American people share a
compelling interest in protection of United States employment
authorization, income tax withholding, and social security
accounting systems, against unauthorized access by illegal
aliens.
(4) Limited data-sharing between the Department of Homeland
Security, the Internal Revenue Service, and the Social Security
Administration is essential to the integrity of these vital
programs, which protect the employment and retirement security
of all working Americans.
(5) The Federal judiciary must be open to private United
States citizens, legal foreign workers, and law-abiding
enterprises who seek judicial protection against injury to
their wages and working conditions due to unlawful competition
from illegal alien workers and the United States enterprises
that utilize the labor or services provided by illegal aliens,
especially where lack of resources constrains enforcement of
Federal immigration law Federal immigration officials.
SEC. 403. EFFECTIVE DATES; IMPLEMENTATION.
(a) Effective Date.--Except where otherwise provided in this Act,
the provisions of this title shall take effect not later than 45 days
after the date of the enactment of this Act.
(b) Interim Work Eligibility Verification Program.--The provisions
of section 411 of this Act, (requiring use by employers of the Interim
Work Eligibility Verification Program, as extended in scope by section
411(b), shall be implemented not later than 12 months after the date of
the enactment of this Act.
(c) Alien Work Eligibility Database.--The provisions of section 421
of this Act (establishing the Alien Work Eligibility Database and
transferring the Interim Work Eligibility Program previously operated
by the Department of Homeland Security to the Social Security
Administration) shall be implemented not later than 24 months after the
date of the enactment of this Act.
(d) Work Eligibility Verification System.--The provisions of
section 412 of this Act (creating the Work Eligibility Verification
System) shall be implemented as follows:
(1) In general.--The Commissioner and the Secretary shall
issue regulations to carry out the Work Eligibility
Verification System not later than 12 months after the date of
the enactment of this Act.
(2) Provision for issuance of new social security cards.--
Such regulations shall include provision for the issuance and
use of the new social security cards in accordance with section
422 of this Act.
(A) Application procedures.--The application
procedures for new Social Security cards described in
section 422 shall be implemented not later than 12
months after the implementation of the Alien Work
Eligibility Database at the Social Security
Administration.
(B) Verification requirements.--The verification
requirements described in section 274A(a)(1)(B) of the
Immigration and Nationality Act, as amended by section
412 this Act, shall be effective for employers hiring--
(i) a noncitizen, beginning 12 months after
the establishment of the Alien Work Eligibility
Database; or
(ii) a citizen or national of the United
States, not later than 10 years after the date
of the enactment of this Act.
(3) Independent contractors.--Independent contractors
shall, for purposes of implementation of the verification
requirements of section 412 of this Act, be treated as
applicants for employment.
(4) Pilot program for federal worksites and the district of
columbia.--
(A) In general.--The Secretary of Homeland Security
and the Social Security Commissioner, after
consultation, shall implement the verification
requirements of section 412 for all applicants for
employment at facilities and worksites in the United
States operated by the Federal government, and for all
employers in the District of Columbia, beginning four
years after the date of enactment of this Act.
(B) Report.--The Secretary of Homeland Security and
the Social Security Commissioner shall jointly submit a
report to Congress evaluating implementation of the
Interim Work Eligibility Verification Program and
providing recommendations for full implementation of
the Work Eligibility Verification System within 12
months after implementation of the Interim Program.
(5) Early implementation option.--An employer may elect to
require that the verification requirements of section 412 shall
be effective for all applicants for employment with the
employer beginning five years after the date of the enactment
of this Act.
Subtitle B--Reform of the Work Eligibility Verification System
SEC. 411. BASIC PILOT PROGRAM RENAMED INTERIM WORK ELIGIBILITY
VERIFICATION PROGRAM; VERIFICATION REQUIREMENT FOR
INDEPENDENT CONTRACTORS.
(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 ``Interim Work
Eligibility Verification Program''.
(b) Extension of Scope of Program.--The Secretary of Homeland
Security and the Commissioner of Social Security shall provide for the
implementation of the Interim Work Eligibility Verification Program
throughout the United States on a timely basis, consistent with section
403(b) and such Program shall continue in operation until the
Commissioner certifies to the Secretary that the transfer of functions
to the Work Eligibility Verification System (as created by section 412)
is complete.
(c) Requirement for Use of Employment Eligibility Verification.--
(1) In general.--Any person or other entity that hires any
individual for employment in the United States, or engages an
independent contractor to perform services of any kind in the
United States, shall participate in the Interim Work
Eligibility Verification Program.
(2) Sanctions for noncompliance.--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) is
amended by striking paragraphs (2) and (3) and inserting the
following new paragraph:
``(2) If a person or other entity is required to
participate in a work eligibility confirmation program in this
subsection and fails to comply with the requirements of such
program with respect to an individual who is subject to such
program, such failure shall be treated as a violation of
section 274A(a)(1)(B) of the Immigration and Nationality Act
with respect to that individual.''.
SEC. 412. WORK ELIGIBILITY VERIFICATION SYSTEM.
(a) In General.--Section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a(a)) is amended to read as follows:
``work eligibility verification system
``Sec. 274A. (a)(1) In general.--
``(A) Requirements for employees.--No individual may
commence employment with an employer in the United States
unless such individual has--
``(i) where required by law, obtained a work
authorization document that has been determined by the
Commissioner of Social Security to comply with the
requirements of section 205(c)(2)(G) of the Social
Security Act; and
``(ii) displayed such document 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, where required by law, that such
individual has in the individual's possession a work
authorization document described in subparagraph (A)(i)
and that such individual is authorized to work in the
United States in such capacity.
``(ii) Verification procedures.--Confirmation of
authorization to work shall be made by query to the
Social Security Administration in accordance with
regulations to be promulgated by the Commissioner of
Social Security and the Secretary of Homeland Security.
Such regulations shall ensure against frauduluent use
of the documents and provide for accurate, prompt, and
secure verification of the authorization of such
individual to work in the United States in such
capacity. The verification system so adopted shall be
made available at minimal cost to the employer. The
verification system shall at a minimum include use of--
``(I) a card-reader verification system
approved by the Commissioner as capable of
reading the electronic identification strip
borne by the work authorization document;
``(II) telephonic and online computer
verification systems which shall be established
by the Commissioner as valid alternative
verification methods; and
``(III) a unique transaction code to be
produced by the verification system and
provided to an employer as evidence of employer
compliance with the requirements of this
paragraph, and as confirmation of the
employee's work authorization.
``(iii) Verification of citizens.--In the case of
United States citizen or national, verification means
confirming the cardholder's identity and social
security number with the Social Security
Administration.
``(iv) Verification of non-citizens.--In the case
of a noncitizen, verification means confirming the
cardholder's identity and social security number with
the Social Security Administration and confirming the
cardholder's term of authorization to work in the
United States through the Alien Work Eligibility
Database.
``(v) Exception.--The Secretary of Homeland
Security may, after consultation with the Commissioner
of Social Security and the Secretary of Labor, issue
regulations providing for alternative work eligibility
verification procedures for United States citizens or
nationals in individual cases where display of a work
authorization document would be a hardship, because the
individual is less than 18 or more than 67 years of
age, or does not possess a required document due to
religious conviction, or is eligible for a
rehabilitation or other sheltered employment
development or assistance program. Such procedures
shall at a minimum require compliance by the employer
with the attestation requirements of subsection (b) and
confirmation of the individual's citizenship status and
social security number.
``(vi) Access to database.--The Commissioner shall
ensure that, by means of such procedures, the employer
will have such access to the Alien Work Eligibility
Database established and operated by the Commissioner
of Social Security pursuant to section 421, so as to
enable the employer to verify the citizenship, lawful
immigration status, and work eligibility information
presented by an individual seeking work with the
employer in any capacity.
``(vii) Good faith compliance.--Notwithstanding any
other provision of law, 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 worker or for discharging an
authorized worker, if--
``(I) such hiring or discharge occurred due
to an error in the telephone, online, or card-
reader verification system or the Alien Work
Eligibility Database which was unknown to the
employer at the time of such employment action;
and
``(II) the employer, upon being informed of
the error, discharges the unauthorized worker,
or rescinds the discharge of the authorized
worker retroactive to the date such discharge
occurred.
``(C) Security and effectiveness.--The regulations issued
by the Commissioner of Social Security, in consultation with
the Secretary of Homeland Security, shall ensure that--
``(i) the telephonic and online computer
verification systems described in subparagraph
(B)(ii)(II) are as secure and reliable as the card-
reader verification system described in subclause (I)
of such subparagraph;
``(ii) any personal information encrypted on the
work authorization document is secured against
disclosure to unauthorized third parties; and
``(iii) a procedure to promptly correct any error
in personal data maintained in the verification system
is available to any employee or applicant for
employment for whom the Work Authorization Verification
System has been unable to initially confirm work
authorization.
``(2) Continuing employment.--It is unlawful for a person or other
entity, after hiring an alien for employment in accordance with
paragraph (1), to continue to employ the alien in the United States
knowing the alien is (or has become) an unauthorized alien with respect
to such employment.
``(3) Use of labor through contract.--A person or other entity who
uses a contract, subcontract, or exchange, entered into, renegotiated,
or extended after the date of enactment of this section, to obtain the
labor of an alien in the United States without confirming that the
contractor, subcontractor, or actual employer of the alien has verified
the work authorization of the alien as required by this section shall
be considered to have hired the alien for employment in the United
States in violation of paragraph (1)(A).
``(4) Application to government entities.--For purposes of this
section, the term `entity' shall refer to any entity of the Federal or
any State government, or any political subdivision thereof, and as well
as any other entity exempted from taxation of income by a Federal or
State government.
``(b) Eligibility 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 in a format
designated or established by the Commissioner of Social
Security by regulation, that the employer has complied with
such procedures.
``(2) Individual attestation of employment authorization.--
The individual must attest, under penalty of perjury in the
format designated for purposes of paragraph (1), that the
individual is a citizen or national of the United States, an
alien lawfully admitted for permanent residence, or an alien
who is authorized by this Act or by the Secretary of Homeland
Security to be referred, recruited, or hired for such
employment. Such attestation must include the individual's
social security number, and may be manifested by either a hand-
written or electronic signature.
``(3) Retention of verification form.--After completion of
such form in accordance with paragraphs (1) and (2), the
employer must retain a paper, microfilm, or electronic version
of the form and make it available for inspection, as provided
in subparagraph (5), during a period beginning on the date of
the hiring, recruiting or referral of the individual and ending
three years after the date of recruiting, referral without
hiring, hiring, or termination from employment, whichever is
later. The verification form shall include the transaction code
described in subsection (a)(1)(B)(ii)(III).
``(4) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity may copy a
document as presented by an individual pursuant to this
subsection.
``(5) Limitation on use of attestation form.--A form
designated or established by the Commissioner of Social
Security under this section, and any information provided by an
individual or employer on such form, may not be used for
purposes other than implementation and enforcement of the
criminal, immigration, employment, social security, or tax laws
of the United States, or of the State wherein the attestation
was made.
``(c) No Authorization of National Identification Cards.--Nothing
in this section shall be construed to authorize, directly or
indirectly, the issuance or use of national identification cards or the
establishment of a national identification card.
``(d) Enforcement by the Department of Homeland Security.--
``(1) In general.--The Secretary of Homeland Security may
assess a penalty, payable to the Secretary, and shall issue an
order to comply with Federal immigration law, against any
employer who--
``(A) 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
``(B) fails to comply with the procedures
prescribed by the Secretary pursuant to this section in
connection with the employment of any individual.
``(2) Amount.--Such penalty shall not exceed $50,000 for
each occurrence of a violation described in paragraph (1) 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.
``(3) Actions by secretary.--If any person is assessed a
penalty 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.
``(e) Complaints and Investigations.--
``(1) In general.--The Secretary of Homeland Security shall
establish procedures for private parties and agencies of any
State or political subdivision therein to file a written,
signed complaint, including a complaint filed in electronic
form, alleging violations of this section, consistent with this
subsection.
``(A) Review and initial determination.--Each
complaint shall be reviewed and a determination made as
to whether the complaint, on its face, provides
sufficient information to identify the entity and any
persons claimed to be in violation of this section, and
whether the alleged violation occurred or is occurring
within 180 days of the date the complaint is filed. A
notice of such determination shall be provided to the
complainant.
``(B) Enforcement investigation.--If the review
under subparagraph (A) indicates that sufficient
information has been provided, the Secretary shall
conduct a civil or criminal enforcement investigation.
``(C) Assistance.--The Secretary may authorize a
law enforcement agency of the State or local
jurisdiction in which a civil or criminal investigation
is authorized to conduct or assist in such
investigation.
``(2) Civil enforcement by other parties.--
``(A) In general.--Any private party, or an agency
of any political subdivision of any State, may file a
civil complaint directly with the Office of the Chief
Administrative Hearing Officer of the Department of
Justice against a person or entity that has recruited,
hired, or employed 12 or more unauthorized aliens
within any 365 day period.
``(B) Time of violation.--The alleged violation
shall have occurred within 180 days of the date the
complaint was filed.
``(C) Procedures for adjudication.--The
adjudication of the complaint shall be conducted
pursuant to the requirements for administrative
adjudication procedures established by the chapter 5 of
title 5, United States Code (popularly known as the
Administrative Procedure Act). The complainant shall
have the burden of proof in such proceedings.
``(D) Recovery.--A prevailing complainant shall be
entitled to issuance of an order for compliance against
the entity or persons found to be in violation, as well
as a civil penalty with damages equal to three times
the amount of any civil fines or monetary penalties
that could be levied against the entity and the
persons, plus reasonable attorneys' fees and costs.
``(3) Authority in investigations.--In conducting
investigations and hearings under subsections (d) or (e),
immigration officers and administrative law judges shall have
reasonable access to examine evidence of any person or entity
being investigated, and may compel by subpoena the attendance
of witnesses and the production of evidence at any designated
place or hearing. Upon application by the Secretary, an
appropriate district court of the United States may issue an
order requiring compliance with such subpoena and any failure
to obey such order may be punished by such court as a contempt
thereof.
``(f) Appellate Review of Decisions and Orders.--
``(1) Department of homeland security enforcement
actions.--
``(A) In general.--A decision by the Secretary
under subsections (d) or (e)(1) to assess a civil
penalty or to issue an order for compliance shall
become final unless, within 45 days of the date of such
decision, a party adversely affected by such decision
files a petition for administrative review with the
Office of the Chief Administrative Hearing Officer of
the Executive Officer for Immigration Review in the
Department of Justice.
``(B) Regulations.--The Chief Administrative
Hearing Officer shall promulgate regulations governing
proceedings for review of the petition under this
paragraph.
``(C) Judicial review.--A party asserting an error
of law or the infringement of a right protected by the
Constitution made in a decision by the Office of the
Chief Administrative Hearing Officer may, within 45
days of the date of such decision, file a petition for
judicial review in the Court of Appeals for the
District of Columbia Circuit.
``(2) Other enforcement actions.--A decision by the Office
of the Chief Administrative Hearing Officer under subsection
(e)(2) to issue an order for compliance or to assess a civil
penalty or damages shall become final unless, within 45 days of
the date of such decsiion, a party adversely affected by such
decision files a petition for judicial review in the United
States district court for the judicial district wherein the
entity or person that is the subject to the complaint is
domiciled.
``(g) Prohibition of Indemnity Bonds.--It is unlawful for a person
or other entity, in the hiring, recruiting, or referring for employment
of any individual, to require the individual to post a bond or
security, or otherwise to provide or agree to provide any financial
guarantee or indemnity against any potential liability arising under
this section.
``(h) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of any alien for employment in the
United States, the Secretary shall provide that any limitation
with respect to the duration or type of employment or employer
shall be conspicuously stated on the documentation.
``(2) Preemption.--The provisions of this section do not
preempt any State or local law that may impose additional or
increased civil or criminal penalties upon those who recruit,
hire, employ or shelter unauthorized aliens in violation of
Federal law.
``(3) Definitions.--For purposes 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 recruit, refer, or
hire 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) otherwise authorized to be so
employed by this Act or by the Secretary of
Homeland Security.
``(F) The term `work authorization document'
means--
``(i) in the case of a citizen or national
of the United States, a social security card
described in section 205(c)(2)(G)(ii) of the
Social Security Act (42 U.S.C.
405(c)(2)(G)(ii)), as amended by this Act, or a
State driver's license or identification card
that has been certified pursuant to section
202(a)(2) of the REAL ID Act of 2005 (Public
Law 109-13) and is compatible with the card-
reader verification system described in
subsection (a)(1)(B)(ii)(I); or
``(ii) in the case of a noncitizen, a
social security card described in section
205(c)(2)(G)(iii) of the Social Security Act,
as amended.''.
(b) Investigation Not a Warrantless Entry.--Section 287(e) of the
Immigration and Nationality Act (8 U.S.C. 1357(e)) is amended by adding
at the end the following: ``An investigation authorized pursuant to
subsections (d) or (e) of section 274A is not a warrantless entry.''.
SEC. 413. PROTECTION FOR UNITED STATES WORKERS AND INDIVIDUALS
REPORTING IMMIGRATION LAW VIOLATIONS.
Section 274B(a) of the Immigration and Nationality Act (8 U.S.C.
1324b(a)) is amended by adding at the end the following:
``Notwithstanding any other provision of law, the rights
protected by this paragraph include the right of any individual
to report a violation or suspected violation of any immigration
law to the Department of Homeland Security or a law enforcement
agency.''.
SEC. 414. INADMISSIBILITY FOR FAILURE TO PRESENT DOCUMENTATION OF WORK
ELIGIBILITY.
Section 212(a)(9)(B)(i) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(9)(B)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by adding ``or'' at the end; and
(3) by inserting after subclause (II) the following new
subclause:
``(III) commenced employment
without complying with the requirements
of section 274A(a)(1)(A),''.
Subtitle C--Work Eligibility Verification Reform in the Social Security
Administration
SEC. 421. ALIEN WORK ELIGIBILITY DATABASE.
(a) In General.--The Commissioner for Social Security shall
establish and maintain an Alien Work Eligibility Database.
(b) Contents of Database.--The Database shall include data
comprised of the immigration and work authorization status (including
expiration dates) 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 incorporate
the employment authorization information, processes and procedures
maintained by the Department of Homeland Security for the operation of
the Work Eligibility Verification System, as established pursuant to
section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a),
as amended by section 412.
(c) Operation of Database.--The Commissioner shall maintain ongoing
consultations with the Secretary of Homeland Security to ensure
efficient and effective transfer and maintenance of the Database.
(d) Incorporation of Ongoing Pilot Programs.--The Alien Work
Eligibility Database shall incorporate the information, processes, and
procedures employed in connection with the Interim Work Eligibility
Verification Program, as designated by section 411 of this Act, into
the operation and maintenance of the Database under subsection (a).
SEC. 422. ANTI-FRAUD 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) In addition to the requirements described in
clause (i), the Social Security card shall be a
machine-readable, tamper-resistant document,
incorporating at a minimum the photograph, security
features and machine readable technology and data
elements required to meet the minimum standards for
Federal use prescribed for State identification cards
in Section 202 of the REAL ID Act of 2005, Public Law
109-12. The Commissioner shall specify the required
machine-readable technology in consultation with the
Secretary of Homeland Security, so as to enable
employers to use the Work Authorization Document, in
conformance with the employment eligibility
verification procedures of sections 274A of the
Immigration and Nationality Act and section 421 of the
TRUE Enforcement and Border Security Act of 2005, to
request and obtain verification of work authorization,
with respect to the individual to whom the card has
been issued.
``(iii) Social Security cards issued to non-
citizens shall have, in addition to the characteristics
described in clauses (i) and (ii), a different color or
other readily distinguishable feature than cards that
are issued to United States citizens and shall be
compatible with document authentication standards
required for verification of immigration documents by
section 303(b)(1) of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (Public Law 107-173).
``(iv) Each Social Security card issued under this
subparagraph shall contain physical security features
designed to prevent tampering, counterfeiting, or
duplication of the card for fraudulent purposes. The
Commissioner shall maintain an ongoing program to
develop measures in relation to the Social Security
card and the issuance thereof to preclude fraudulent
use thereof.
``(v) The Commissioner shall provide for the
issuance (or reissuance) of a Social Security card
which meets the preceding requirements of this
subparagraph 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 an application for such card
under this clause in such form and manner as
shall be prescribed by the Commissioner.''.
SEC. 423. NOTIFICATION BY COMMISSIONER OF FAILURE TO CORRECT SOCIAL
SECURITY INFORMATION.
The Commissioner of Social Security shall promptly notify the
Secretary of Homeland Security of the failure of any individual to
provide, upon any request of the Commissioner made pursuant to section
205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), evidence
necessary, under such section to--
(1) establish the age, citizenship, immigration or work
eligibility status of the individual;
(2) establish such individual's true identity;
(3) determine which (if any) social security account number
has previously been assigned to such individual.
SEC. 424. RESTRICTION ON ACCESS AND USE; NO NATIONAL IDENTIFICATION
CARD.
Section 405(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) Access to any information contained in the
Alien Work Eligibility Database shall be prohibited for
any purpose other than the administration or
enforcement of Federal immigration, social security,
and tax laws, unless otherwise authorized by Federal
law.
``(ii) Nothing in this Act may be construed to
require the presentment of a social security card for
any purpose other than administration or enforcement of
the social security and immigration laws of the United
States, or to establish the social security card as a
national identification (ID) card.
``(J) No person or entity may--
``(i) use the information in the Alien Work
Eligibility Database for any purpose other than
as permitted by Federal law; or
``(ii) require that any person present or
carry on his person a social security card for
any purpose other than as permitted by Federal
law.
Whoever knowingly uses, discloses, publishes, or
permits the unauthorized use of information in the
Alien Work Eligibility Database in violation of this
section shall be fined not more than $10,000, by the
Social Security Administration. Sixty percent of any
such fine imposed shall be awarded to each individual
injured by such violation.''.
SEC. 425. SHARING OF INFORMATION WITH THE COMMISSIONER OF INTERNAL
REVENUE SERVICE.
Section 405(c)(2)(H) of the Social Security Act (42 U.S.C.
605(c)(2)(H)) is amended to read as follows:
``(H) The Commissioner of Social Security shall
share with the Secretary of the Treasury--
``(i) the information obtained by the
Commissioner pursuant to the second sentence of
subparagraph (B)(ii) and to subparagraph
(C)(ii) for the purpose of administering those
sections of the Internal Revenue Code of 1986
that grant tax benefits based on support or
residence of children;
``(ii) information relating to the
detection of wages or income from self-
employment of unauthorized aliens (as defined
by section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324a)), or the
investigation of false statements or fraud by
such persons incident to administration of the
immigration, social security, or tax laws of
the United States; and
``(iii) information disclosed under this
subparagraph shall be solely for the use of the
officers and employees to whom such information
is disclosed in such response or
investigation.''.
SEC. 426. SHARING OF INFORMATION WITH THE SECRETARY OF HOMELAND
SECURITY.
Section 405(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)),
as amended by section 424, is amended by adding at the end the
following new subparagraph:
``(K) 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
immigration or social security laws of the United
States.''.
Subtitle D--Work Eligibility Verification System Reform in the Internal
Revenue Agency
SEC. 431. SHARING OF INFORMATION WITH THE SECRETARY OF HOMELAND
SECURITY AND THE COMMISSIONER OF SOCIAL SECURITY.
Section 6103(i) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new paragraph:
``(9) Disclosure of information relating to violations of
federal immigration law.--
``(A) Upon receipt by the Secretary of a written
request, by the Secretary of Homeland Security, or the
Social Security Commissioner, the Secretary shall
disclosure return information to officers and employees
of such agency who are personally and directly--
``(i) engaged in preparation for any
judicial or administrative civil or criminal
enforcement proceeding against an alien under
the Immigration and Nationality Act (8 U.S.C.
1101 et seq), other than the adjudication of
any application for a change in immigration
status or other benefit by such alien, or
``(ii) preparation for a civil or criminal
enforcement proceeding against a citizen or
national of the United States under sections
274, 274A, or 274C of the Immigration and
Nationality Act (8 U.S.C. 1324, 1324a, or
1324c), or
``(iii) any investigation which may result
in such a proceeding.
``(B) Limitation on use of information.--
``(i) Information disclosed under this
paragraph shall be solely for the use of the
officers and employees to whom such information
is disclosed in such response or investigation.
``(ii) Should the proceeding for which such
information has been disclosed not commence
within two years after the date on which the
information was disclosed by the Secretary, the
such information shall be returned to the
Secretary in its entirety, and shall not be
retained in any form by the requestor, unless
the taxpayer is notified in writing as to the
information that has been retained.''.
SEC. 432. INELIGIBILITY FOR NONRESIDENT ALIEN TAX STATUS.
Section 7701(b)(1) of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subparagraph:
``(C)(i) An alien who is present in the United
States while working in any capacity in violation of
section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a) during any portion of a calendar year
shall be treated as an undocumented alien with respect
to such calendar year.
``(ii) Such an undocumented alien shall not be
eligible for nonresident alien tax status during such
calendar year.
``(iii) The Secretary shall provide the Secretary
of Homeland Security and the Social Security
Commissioner with information sufficient to establish
the identity and last known address of any undocumented
alien identified by the Secretary.''.
SEC. 433. UNLAWFUL USE OF INDIVIDUAL TAXPAYER IDENTIFICATION NUMBERS.
Chapter 75 of the Internal Revenue Code of 1986 is amended by
inserting after section 7217 the following:
``SEC. 7218. PROHIBITED USES OF TAXPAYER IDENTIFICATION NUMBERS.
``(a) It is unlawful for a person to request or use for any purpose
the taxpayer identification number (TIN) assigned to an alien described
in section 7701(b)(1), other than a resident alien described in
subparagraph (A), except where required by regulation, or requested for
administration of the tax laws by an officer or employee of the
Internal Revenue Service.
``(b) Any person who willfully violates this section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be punished
by a fine of not more than $2,000 or imprisonment for not more than 1
year, or both.''.
SEC. 434. NO DEDUCTION ALLOWED FOR COMPENSATION PAID TO UNAUTHORIZED
WORKERS.
(a) In General.--Section 162(c)(2) of the Internal Revenue Code of
1986 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 recruiting expense or wage
paid to or 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)), unless the
alien's eligibility for employment was first verified
through the Alien Work Eligibility Verification System,
as implemented by the TRUE Enforcement and Border
Security Act of 2005.
``(B) Definitions.--For the purposes of this
paragraph:
``(i) The term `recruiting expense' means
any payment made to a third party to identify,
recruit, or prepare an individual for
employment.
``(ii) The term `wages' means all
remuneration for employment, including the cash
value of all remuneration (to include benefits)
paid in any medium other than cash.''.
(b) 7-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 recruiting expense or wages of
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 for the
collection of such tax may be begun without assessment, at any
time within 7 years after the return is filed.''.
(c) 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.
(d) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to taxable years beginning with the first taxable year
beginning at least 365 days after enactment of this Act.
Subtitle E--Identification Document Integrity
SEC. 441. CONSULAR IDENTIFICATION DOCUMENTS.
(a) Acceptance of Foreign Identification Documents.--
(1) In general.--For purposes of personal identification,
no agency, commission, entity, or agent of the executive or
legislative branches of the Federal Government may accept,
acknowledge, recognize, or rely on any identification document
issued by a foreign government, unless otherwise mandated by
Federal law. For purposes of this section, an agent shall
include:
(A) a Federal contractor or grantee; or
(B) an institution or entity exempted from Federal
income taxation under the Internal Revenue Code of
1986.
(2) Exceptions.--
(A) In general.--A person who is not a citizen or
national of the United States may present for personal
identification purposes an official identification
document issued by a foreign government, or other
foreign identification document recognized by treaty,
if--
(i) such noncitizen also simultaneously
presents valid verifiable documentation of
lawful presence in the United States issued by
an agency of the Federal Government;
(ii) reporting a violation of law or
seeking government assistance in an emergency;
or
(iii) such use is expressly permitted by
Federal law.
(B) Nonapplication.--The provisions of paragraph
(1) shall not apply to--
(i) inspections of alien applicants for
admission to the United States; or
(ii) verification of personal
identification outside the United States.
(3) Listing of acceptable documents.--The Secretary of
Homeland Security shall issue, maintain in printed and
electronic media, and disseminate to the public at no cost an
updated listing, compiled in consultation with the Secretary of
State, and including sample facsimiles, of all acceptable
Federal documents that satisfy the requirements of paragraph
(2)(A). Such listing may, at the discretion of the Secretary of
Homeland Security, include a similar listing of documents
establishing employment authorization or identity under section
274A(b) of the Immigration and Nationality Act (8 U.S.C.
1324a(b)).
(b) Establishment of Personal Identity.--Section 274C of the
Immigration and Nationality Act (8 U.S.C. 1324c) is amended--
(1) in subsection (a)--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following
new paragraph:
``(6) to use to establish personal identity, before any
agent of the Federal Government, or before any agency of the
Federal Government or of a State or any political subdivision
therein, a travel or identification document issued by a
foreign government that is not accepted by the Secretary of
Homeland Security to establish personal identity for purposes
of admission to the United States at a port of entry, except
where a person who is not a citizen of the United States (A)
simultaneously presents valid verifiable documentation of
lawful presence in the United States issued by an agency of the
Federal Government, or (B) is reporting a violation of law or
seeking government assistance in an emergency, or (C) such use
is expressly permitted by Federal law.''; and
(2) in subsection (d)--
(A) by redesignating paragraphs (2) though (7) as
paragraphs (3) through (8), respectively; and
(B) by inserting after paragraph (1) the following
new paragraph:
``(2) Civil complaint procedure.--
``(A) The Secretary of Homeland Security shall
establish procedures to file a written, signed
complaint, which may be submitted in electronic form,
alleging a violation of subsection (a). A complaint may
be filed by a state or local government agency, or by a
private party injured by a violation of subsection (a).
``(B) Each complaint filed shall be reviewed and a
determination made as to whether the complaint, on its
face, provides sufficient information to identify the
entity and any persons claimed to be in violation of
this section, to identify the prohibited activity, and
whether the alleged violation occurred or is occurring
within 180 days of the date the complaint was filed. A
notice of such determination shall be provided to the
complainant.
``(C) If the review under paragraph (2) indicates
that sufficient information has been provided, the
Secretary shall conduct a civil or criminal enforcement
investigation.
``(D) The Secretary may authorize a law enforcement
agency of the state or local jurisdiction in which a
civil or criminal investigation is authorized to
conduct or assist in such investigation.''.
(c) Qualified Immunity.--Actions taken in violation of subsection
(a) of this section, or section 274C of the Immigration and Nationality
Act (8 U.S.C. 1324c), as amended by subsection (b), shall be deemed
outside the official capacity of the elected official or officer,
employee, or agent of a Federal agency so acting.
SEC. 442. MACHINE-READABLE TAMPER-RESISTANT IMMIGRATION DOCUMENTS.
Section 303 of the Enhanced Border Security and Visa Entry Reform
Act of 2002 (Public Law 107-173) (8 U.S.C. 1732) is amended--
(1) in the header, by striking ``entry and exit documents''
and inserting ``travel and entry documents and evidence of
status'';
(2) in subsection (b)(1)--
(A) by striking ``Not later than October 26, 2004,
the Attorney General'' and inserting ``The Secretary of
Homeland Security''; and
(B) by striking ``visas and'' each place it appears
and inserting ``visas, evidence of status, and''; and
(3) by striking subsection (d); and inserting after
subsection (c) the following new subsections:
``(d) Other Documents.--Not later than October 26, 2007, every
document, other than an interim document, issued by the Department of
Homeland Security, which may be used as evidence of immigrant,
nonimmigrant, parole, asylee, or refugee status, shall be machine-
readable, tamper-resistant, and incorporate a biometric identifier to
allow the Department of Homeland Security to electronically verify the
identity and status of the alien.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section,
including reimbursements to international and domestic
standards organizations.
``(2) Fee.--During any fiscal year for which appropriations
sufficient to issue documents described in subsection (d) have
not been made by Congress, the Secretary is authorized to
implement and collect a fee sufficient to cover the direct cost
of issuance of such document from the alien to whom the
document will be issued.
``(3) Exception.--The fee described in paragraph (2) may
not be levied against nationals of a foreign state, where the
Secretary has determined that the total estimated population of
such state who are unlawfully present in the United States does
not exceed 3,000 aliens.''.
SEC. 443. BIRTH CERTIFICATES.
(a) Minimum Standards for Federal Recognition.--
(1) In general.--A Federal agency may not accept, for any
official purpose, a birth certificate issued by a State to any
person unless the State satisfies the requirements of this
section.
(2) 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.
(3) Minimum document standards.--
(A) In general.--Each birth certificate issued to a
person by the State shall be printed on safety paper
and shall include the seal of the issuing custodian of
record and such other features as the Secretary
determines necessary to prevent tampering,
counterfeiting, or otherwise duplicating the birth
certificate for fraudulent purposes. The Secretary may
not require birth certificates issued by all States to
conform to a single design.
(B) Electronic issuance and tracking system.--The
Secretary of Homeland Security, in consultation with
the Secretary of Health and Human Services and the
Commissioner of Social Security, shall develop an
electronic system for issuing and tracking birth
certificates so that entities requiring such documents
can quickly confirm their validity.
(4) Minimum issuance standards.--
(A) In general.--Before issuing an authenticated
copy of a birth certificate of any child, a State shall
require the requestor to provide, and shall verify--
(i) the name of the child that will appear
on the birth certificate;
(ii) the date and location of the child's
birth;
(iii) the maiden name of the child's
mother; and
(iv) substantial proof of the requestor's
identity.
(B) Issuance to persons not named on birth
certificate.--A State shall not issue a birth
certificate to a requestor who is not named on the
birth certificate unless the requestor presents legal
authorization in support of the request.
(C) Issuance to family members.--Not later than 1
year after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of Health
and Human Services and appropriate State
representatives, 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 subparagraphs (A) through (C) in
exceptional circumstances, such as the incapacitation
of the registrant.
(E) Application by electronic means.--A State shall
employ third party verification, or equivalent
verification, of the identity of the requestor for
applications by electronic means, through the mail, or
by phone or fax.
(F) Verification of documents.--A State shall
verify the documents used to provide proof of identity
of the requestor.
(5) Effective date.--This subsection shall take effect on
May 11, 2008.
(b) Applicability of Minimum Standards to Local Governments.--The
minimum standards set forth in subsection (a) for birth certificates
issued by a State shall 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.
(c) Other Requirements.--When issuing and administering birth
certificates, each State shall--
(1) establish and implement minimum building security
standards for State and local vital record offices;
(2) 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;
(3) subject all persons with access to vital records to
appropriate security clearance requirements;
(4) establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance
process;
(5) establish and implement internal operating system
standards for paper and for electronic systems;
(6) 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;
(7) 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; and
(8) cooperate with the Secretary in the implementation of
electronic verification of vital events under subsection (f).
(d) Verification of Birth Records Provided in Social Security
Applications.--
(1) In general.--Section 205(c)(2)(B)(ii) of the Social
Security Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended--
(A) by inserting ``(I)'' after ``(ii)''; and
(B) by adding at the end the following new
subclause:
``(II) With respect to an
application for a social security
account number for an individual, other
than for purposes of enumeration at
birth, the Commissioner shall require
independent verification of any birth
record provided by the applicant in
support of the application.''.
(2) Effective date.--The amendment made by subsection (a)
shall take effect and apply with respect to applications filed
on or after the date that is 180 days after the date of the
enactment of this Act.
(e) 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--
(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 six months after the date of the
enactment of this Act, submit to Congress a report examining
whether there is a need for Federal laws to address penalties
for fraud and misuse of vital records and whether violations
are sufficiently enforced;
(7) not later than one year after the date of the enactment
of this Act--
(A) establish a process with the Secretary 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; and
(B) establish a process with the Secretary 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; and
(8) not later than three years after the date of the
establishment of databases provided for under this section,
require States to record and retain electronic records of
pertinent identification information collected from requesters
who are not the registrants.
(f) Electronic Verification of Vital Events.--
(1) Lead agency.--The Secretary of Health and Human
Services shall lead the implementation of electronic
verification of a person's birth and death.
(2) Regulations.--In carrying out paragraph (1), such
Secretary shall promulgate 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 the database of such jurisdiction that
matches the paper birth certificate will be returned to the
user, along with an indication if the matching birth record has
been marked as deceased. The regulations shall take effect not
later than five years after the date of the enactment of this
Act.
(g) Grants to States and Local Governments.--
(1) In general.--The Secretary of Homeland Security may
make grants to a State or local government to assist the State
or local government to conform to the minimum standards set
forth in this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated to such Secretary for each of the fiscal
years 2007 through 2011 such sums as may be necessary to carry
out this section.
(h) Authority.--
(1) Participation with federal agencies.--All authority to
issue regulations, certify standards, and issue grants under
this section shall be carried out by the Secretary, with the
concurrence of the Secretary of Health and Human Services and
in consultation with State vital statistics offices and
appropriate Federal agencies.
(2) Extension of deadlines.--The Secretary may grant to a
State an extension of time to meet the requirements of
subsection (b)(1)(A) of this section if, in the discretion of
the Secretary, the State provides adequate justification for
noncompliance.
(i) Repeal.--Section 7211 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is repealed.
Subtitle F--Limitations on Illegal Alien Collection of Social Security
SEC. 451. 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''.
SEC. 452. 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.''.
SEC. 453. EFFECTIVE DATE.
The amendments made by this subtitle shall apply with respect to
wages earned, and self-employment income derived, before, on, or after
the date of the enactment of this Act. Notwithstanding section
215(f)(1) of the Social Security Act (42 U.S.C. 415(f)(1)), as soon as
practicable after the date of the enactment of this Act, the
Commissioner of Social Security shall recompute all primary insurance
amounts to the extent necessary to carry out such amendments. Such
amendments shall affect benefits only for months after the date of the
enactment of this Act.
SEC. 454. AUTHORIZED APPROPRIATIONS.
In addition to amounts otherwise authorized to be appropriated,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011 to carry out this title.
TITLE V--PENALTIES AND ENFORCEMENT
Subtitle A--Criminal and Civil Penalties
SEC. 501. CRIMINAL PENALTIES FOR 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 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
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'';
(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
(iv) by striking the matter following
clause (iii) and inserting the following new
subparagraph:
``(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'';
(4) in paragraph (3)(B), by striking ``brought into'' and
inserting ``transported, harbored, sheltered, or encouraged or
induced to enter or reside in''; and
(5) in paragraph (4), by striking ``10 years'' and
inserting ``20 years''.
SEC. 502. STRENGTHENED ENFORCEMENT OF ALIEN REGISTRATION LAWS.
(a) Forms and Procedure.--Section 264(e) of the Immigration and
Nationality Act (8 U.S.C. 1304(e)) is amended--
(1) in the first sentence, by inserting ``willfully''
before ``fails to comply''; and
(2) in the second sentence, by striking ``$100'' and
``thirty days'' and inserting ``$2,000'' and ``18 months''.
(b) Penalties.--Section 266 of such Act (8 U.S.C. 1306) is
amended--
(1) in subsection (a), by striking ``$1,000'' and ``six
months'' and inserting ``$2,000'' and ``18 months'';
(2) in subsection (b), by inserting ``willfully'' before
``fails to give written notice'', and by striking ``$200'' and
``thirty days'' and inserting ``$2,000'' and ``18 months'';
(3) in subsection (c)--
(A) by striking ``be guilty of a misdemeanor and
shall, upon conviction thereof,''; and
(B) by striking ``$1,000'' and ``six months'' and
inserting ``$2,000'' and ``18 months''; and
(4) by inserting after subsection (d) the following new
subsection:
``(e) Authority to Arrest.--No officer or person shall have
authority to make an arrest for a violation of any provision of this
section except officers and employees so authorized under the
provisions of section 287, and all other law enforcement officers whose
duty it is to enforce criminal laws, unless designated, individually or
as a class, by the Secretary of Homeland Security.''.
SEC. 503. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS AT IMPROPER
TIME OR PLACE, AVOIDANCE OF EXAMINATION OR INSPECTION,
UNLAWFUL PRESENCE AND MISREPRESENTATION OR CONCEALMENT OF
FACTS.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325)
is amended to read as follows:
``entry at improper time or place; avoidance of examination or
inspection; unlawful presence; misrepresentation or concealment of
facts
``Sec. 275. (a) In General.--Any alien who--
``(1) enters or attempts to enter the United States at any
time or place other than as designated by immigration officers;
``(2) eludes examination or inspection by immigration
officers; or
``(3) attempts to enter or obtains entry to the United
States by a willfully false or misleading representation or the
willful concealment of a material fact,
shall, for the first commission of any such offense, be fined under
title 18, United States Code, or imprisoned not more than 2 years, or
both. For each subsequent unlawful entry or attempted entry in
violation of this section, an alien shall be fined under title 18,
United States Code, or imprisoned not more than 5 years, or both.
``(b) Improper Time or Place; Civil Penalties.--Any alien who is
apprehended while entering (or attempting to enter) the United States
at a time or place other than as designated by immigration officers
shall be subject to a civil penalty of--
``(1) at least $100 and not more than $10,000 for each such
entry (or attempted entry); or
``(2) three times the amount specified in paragraph (1) in
the case of an alien who has been previously subject to a civil
penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in
lieu of, any criminal or other civil penalties that may be imposed.
``(c) Marriage Fraud.--An individual who knowingly enters into a
marriage for the purpose of evading any provision of the immigration
laws shall be fined not more than $500,000, imprisoned not more than 10
years, or both.
``(d) Immigration-Related Entrepreneurship Fraud.--Any individual
who knowingly established a commercial enterprise for the purpose of
evading any provision of the immigration laws shall be fined not more
than $500,000, or imprisoned not more than 10 years, or both.''.
SEC. 504. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN
THE UNITED STATES.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by adding after section 275 the
following new section:
``criminal penalties for unlawful presence in the united states
``Sec. 275A. (a) In General.--In addition to any other violation,
an alien present in the United States in violation of this Act shall be
guilty of a misdemeanor and shall be fined under title 18, United
States Code, imprisoned not more than 1 year, or both. The assets of
any alien present in the United States in violation of this Act shall
be subject to forfeiture under title 19, United States Code.
``(b) Affirmative Defense.--It shall be an affirmative defense to a
violation of subsection (a) that the alien overstayed the time allotted
under the alien's 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.''.
(b) Increase in Criminal Penalties for Illegal Entry.--Section
275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is
amended by striking ``6 months,'' and inserting ``1 year,''.
(c) Rule of Construction.--Nothing in this section shall be
construed to limit the authority of any State or political subdivision
therein to enforce criminal trespass laws against aliens whom a law
enforcement agency has verified to be present in the United States in
violation of this Act.
SEC. 505. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIENS.
(a) In General.--Subsection (a) of section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is amended to read as follows:
``(a) Subject to subsection (b), any alien shall be fined under
title 18, United States Code, or imprisoned not more than 2 years, or
both, who--
``(1) has been denied admission, excluded, deported, or
removed or has departed the United States while an order of
exclusion, deportation, or removal is outstanding; and
``(2) thereafter enters, attempts to enter, or is at any
time found in, the United States, unless, in the case of an
alien previously denied admission and removed, the alien
establishes that the alien was not required to obtain from the
Secretary of Homeland Security advance consent to reapply for
admission under this Act or any prior Act.''.
(b) Criminal Penalties for Reentry of Certain Removed Aliens.--
Subsection (b) of such section is amended--
(1) in paragraph (3), by striking ``sentence.'' and
inserting ``sentence;''; and
(2) in paragraph (4), by striking ``(unless the Attorney
General has expressly consented to such alien's reentry)''.
(c) Reentry of Aliens Removed Prior to Completion of
Imprisonment.--Subsection (c) of such section is amended--
(1) by inserting ``(as in effect before the effective date
of the amendments made by section 305 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996),
or removed under section 241(a)(4),'' after ``242(h)(2)'';
(2) by striking ``(unless the Attorney General has
expressly consented to such alien's reentry)'';
(3) by inserting ``or removal'' after ``time of
deportation''; and
(4) by inserting ``or removed'' after ``reentry of
deported''.
(d) Challenge to Validity of Order.--Subsection (d) of such section
is amended--
(1) in the matter before paragraph (1), by striking
``deportation order'' and inserting ``deportation or removal
order''; and
(2) in paragraph (2), by inserting ``or removal'' after
``deportation''.
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
criminal proceedings involving aliens who enter, attempt to enter, or
are found in the United States, after such date.
SEC. 506. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD, BENEFIT
FRAUD, AND FALSE CLAIMS OF CITIZENSHIP.
(a) Civil Penalties for Document Fraud.--Section 274C(d)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) is amended--
(1) in subparagraph (A), by striking ``$250 and not more
than $2,000'' and inserting ``$500 and not more than $4,000'';
and
(2) in subparagraph (B), by striking ``$2,000 and not more
than $5,000'' and inserting ``$4,000 and not more than
$10,000''.
(b) Fraud and False Statements.--Chapter 47 of title 18, United
States Code, is amended--
(1) in section 1015, by striking ``not more than 5 years''
and inserting ``not more than 10 years''; and
(2) in section 1028(b)--
(A) in paragraph (1), by striking ``15 years'' and
inserting ``20 years'';
(B) in paragraph (2), by striking ``three years''
and inserting ``six years'';
(C) in paragraph (3), by striking ``20 years'' and
inserting ``25 years''; and
(D) in paragraph (6), by striking ``one year'' and
inserting ``two years''.
(c) 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''.
(d) 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.
``(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:
``Chapter 52--Illegal Aliens
``1131. Enhanced penalties for certain crimes committed by illegal
aliens.''.
SEC. 507. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS PARTICIPATING IN
CRIMINAL STREET GANGS.
(a) Inadmissible.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end
the following:
``(J) Criminal street gang participation.--
``(i) In general.--Any alien is
inadmissible if--
``(I) the alien has been removed
under section 237(a)(2)(F); or
``(II) the consular officer or the
Secretary of Homeland Security knows,
or has reasonable ground to believe
that the alien--
``(aa) is a member of a
criminal street gang and has
committed, conspired, or
threatened to commit, or seeks
to enter the United States to
engage solely, principally, or
incidentally in, a gang crime
or any other unlawful activity;
or
``(bb) is a member of a
criminal street gang designated
under section 219A.
``(ii) Definitions.--For purposes of this
subparagraph:
``(I) Criminal street gang.--The
term `criminal street gang' means an
ongoing group, group, club organization
or informal association of five or more
persons who engage, or have engaged
within the past 5 years in a continuing
series of 3 or more gang crimes (one of
which is a crime of violence, as
defined in section 16 of title 18,
United States Code).
``(II) Gang crime.--The term `gang
crime' means conduct constituting any
Federal or State crime, punishable by
imprisonment for one year or more, in
any of the following categories:
``(aa) A crime of violence
(as defined in section 16 of
title 18, United States Code).
``(bb) A crime involving
obstruction of justice,
tampering with or retaliating
against a witness, victim, or
informant, or burglary.
``(cc) A crime involving
the manufacturing, importing,
distributing, possessing with
intent to distribute, or
otherwise dealing in a
controlled substance or listed
chemical (as those terms are
defined in section 102 of the
Controlled Substances Act (21
U.S.C. 802)).
``(dd) Any conduct
punishable under section 844 of
title 18, United States Code
(relating to explosive
materials), subsection (d),
(g)(1) (where the underlying
conviction is a violent felony
(as defined in section
924(e)(2)(B) of such title) or
is a serious drug offense (as
defined in section
924(e)(2)(A)), (i), (j), (k),
(o), (p), (q), (u), or (x) of
section 922 of such title
(relating to unlawful acts), or
subsection (b), (c), (g), (h),
(k), (l), (m), or (n) of
section 924 of such title
(relating to penalties),
section 930 of such title
(relating to possession of
firearms and dangerous weapons
in Federal facilities), section
931 of such title (relating to
purchase, ownership, or
possession of body armor by
violent felons), sections 1028
and 1029 of such title
(relating to fraud and related
activity in connection with
identification documents or
access devices), section 1952
of such title (relating to
interstate and foreign travel
or transportation in aid of
racketeering enterprises),
section 1956 of such title
(relating to the laundering of
monetary instruments), section
1957 of such title (relating to
engaging in monetary
transactions in property
derived from specified unlawful
activity), or sections 2312
through 2315 of such title
(relating to interstate
transportation of stolen motor
vehicles or stolen property).
``(ee) Any conduct
punishable under section 274
(relating to bringing in and
harboring certain aliens),
section 277 (relating to aiding
or assisting certain aliens to
enter the United States), or
section 278 (relating to
importation of alien for
immoral purpose) of this
Act.''.
(b) Deportable.--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) Criminal street gang participation.--
``(i) In general.--Any alien is deportable
who--
``(I) is a member of a criminal
street gang and is convicted of
committing, or conspiring, threatening,
or attempting to commit, a gang crime;
or
``(II) is determined by the
Secretary of Homeland Security to be a
member of a criminal street gang
designated under section 219A.
``(ii) Definitions.--For purposes of this
subparagraph, the terms `criminal street gang'
and `gang crime' have the meaning given such
terms in section 212(a)(2)(J)(ii).''.
(c) Designation of Criminal Street Gangs.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:
``designation of criminal street gangs
``Sec. 219A. (a) Designation.--
``(1) In general.--The Attorney General is authorized to
designate a group or association as a criminal street gang in
accordance with this subsection if the Attorney General finds
that the group or association meets the criteria described in
section 212(a)(2)(J)(ii)(I).
``(2) Procedure.--
``(A) Notice.--
``(i) To congressional leaders.--Seven days
before making a designation under this
subsection, the Attorney General shall, by
classified communication, notify the Speaker
and Minority Leader of the House of
Representatives, the President pro tempore,
Majority Leader, and Minority Leader of the
Senate, and the members of the relevant
committees of the House of Representatives and
the Senate, in writing, of the intent to
designate a group or association under this
subsection, together with the findings made
under paragraph (1) with respect to that group
or association, and the factual basis
therefore.
``(ii) Publication in federal register.--
The Attorney shall publish the designation in
the Federal Register seven days after providing
the notification under clause (i).
``(B) Effect of designation.--
``(i) A designation under this subsection
shall take effect upon publication under
subparagraph (A)(ii).
``(ii) Any designation under this
subsection shall cease to have effect upon an
Act of Congress disapproving such designation.
``(3) Record.--In making a designation under this
subsection, the Attorney General shall create an administrative
record.
``(4) Period of designation.--
``(A) In general.--A designation under this
subsection shall be effective for all purposes until
revoked under paragraph (5) or (6) or set aside
pursuant to subsection (b).
``(B) Review of designation upon petition.--
``(i) In general.--The Attorney General
shall review the designation of a criminal
street gang under the procedures set forth in
clauses (iii) and (iv) if the designated gang
or association files a petition for revocation
within the petition period described in clause
(ii).
``(ii) Petition period.--For purposes of
clause (i)--
``(I) if the designated gang or
association has not previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date on which
the designation was made; or
``(II) if the designated gang or
association has previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date of the
determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any criminal street
gang that submits a petition for revocation
under this subparagraph must provide evidence
in that petition that the relevant
circumstances described in paragraph (1) are
sufficiently different from the circumstances
that were the basis for the designation such
that a revocation with respect to the gang is
warranted.
``(iv) Determination.--
``(I) In general.--Not later than
180 days after receiving a petition for
revocation submitted under this
subparagraph, the Attorney General
shall make a determination as to such
revocation.
``(II) Publication of
determination.--A determination made by
the Attorney General under this clause
shall be published in the Federal
Register.
``(III) Procedures.--Any revocation
by the Attorney General shall be made
in accordance with paragraph (6).
``(C) Other review of designation.--
``(i) In general.--If in a 4-year period no
review has taken place under subparagraph (B),
the Attorney General shall review the
designation of the criminal street gang in
order to determine whether such designation
should be revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not
take place pursuant to subparagraph (B) in
response to a petition for revocation that is
filed in accordance with that subparagraph,
then the review shall be conducted pursuant to
procedures established by the Attorney General.
The results of such review and the applicable
procedures shall not be reviewable in any
court.
``(iii) Publication of results of review.--
The Attorney General shall publish any
determination made pursuant to this
subparagraph in the Federal Register.
``(5) Revocation by act of congress.--The Congress, by an
Act of Congress, may block or revoke a designation made under
paragraph (1).
``(6) Revocation based on change in circumstances.--
``(A) In general.--The Attorney General may revoke
a designation made under paragraph (1) at any time, and
shall revoke a designation upon completion of a review
conducted pursuant to subparagraphs (b) and (c) of
paragraph (4) if the Attorney General finds that--
``(i) the circumstances that were the basis
for the designation have changed in such a
manner as to warrant revocation; or
``(ii) the national security of the United
States warrants a revocation.
``(B) Procedure.--The procedural requirements of
paragraphs (2) and (3) shall apply to a revocation
under this paragraph. Any revocation shall take effect
on the date specified in the revocation or upon
publication in the Federal Register if no effective
date is specified.
``(7) Effect of revocation.--The revocation of a
designation under paragraph (5) or (6) shall not affect any
action or proceeding based on conduct committed prior to the
effective date of such revocation.
``(8) Use of designation in hearing.--If a designation
under this subsection has become effective under paragraph
(2)(B), an alien in a removal proceeding shall not be permitted
to raise any question concerning the validity of the issuance
of such designation as a defense or an objection at any
hearing.
``(b) Judicial Review of Designation.--
``(1) In general.--Not later than 60 days after publication
of the designation in the Federal Register, an group or
association designated as a criminal street gang may seek
judicial review of the designation in the United States Court
of Appeals for the District of Columbia Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record.
``(3) Scope of review.--The court shall hold unlawful and
set aside a designation the court finds to be--
``(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) contrary to constitutional right, power,
privilege, or immunity;
``(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory right;
``(D) lacking substantial support in the
administrative record taken as a whole; or
``(E) not in accord with the procedures required by
law.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation shall not affect the
application of this section, unless the court issues a final
order setting aside the designation.
``(c) Relevant Committee Defined.--As used in this section, the
term `relevant committees' means the Committees on the Judiciary of the
House of Representatives and of the Senate.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 219 the
following:
``Sec. 219A. Designation of criminal street gangs.''.
SEC. 508. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET GANG
MEMBERS.
(a) In General.--Section 236(c)(1)(d) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)(d)) is amended--
(1) by inserting ``or 212(a)(2)(J)'' after
``212(a)(3)(B)''; and
(2) by inserting ``or 237(a)(2)(F)'' before
``237(a)(4)(B)''.
(b) Annual Report.--Not later than March 1 of each year (beginning
1 year after the date of the enactment of this Act), the Secretary of
Homeland Security, after consultation with the appropriate Federal
agencies, shall submit a report to the Committees on the Judiciary of
the House of Representatives and of the Senate on the number of aliens
detained under the amendments made by subsection (a).
SEC. 509. INELIGIBILITY FROM PROTECTION FROM REMOVAL AND ASYLUM.
(a) Inapplicability of Restriction on Removal to Certain
Countries.--Section 241(b)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1251(b)(3)(B)) is amended, in the matter preceding clause
(i), by inserting ``who is described in section 212(a)(2)(J)(i) or
section 237(a)(2)(F)(i) or who is'' after ``to an alien''.
(b) Ineligibility for Asylum.--Section 208(b)(2)(A) of such act (8
U.S.C. 1158(b)(2)(A)) is amended--
(1) in clause (v), by striking ``or'' at the end;
(2) by redesignating clause (vi) as clause (vii); and
(3) by inserting after clause (v) the following:
``(vi) the alien is described in section
212(a)(2)(J)(i) or section 237(a)(2)(F)(i)
(relating to participation in criminal street
gangs); or''.
(c) Denial of Review of Determination of Ineligibility for
Temporary Protected Status.--Section 244(c)(2) of such Act (8 U.S.C.
1254(c)(2)) is amended by adding at the end the following:
``(C) Limitation on judicial review.--There shall
be no judicial review of any finding under subparagraph
(B) that an alien is described in section
208(b)(2)(A)(vi).''.
SEC. 510. PENALTIES FOR MISUSING SOCIAL SECURITY NUMBERS OR FILING
FALSE INFORMATION WITH SOCIAL SECURITY ADMINISTRATION.
(a) Misuse of Social Security Numbers.--
(1) In general.--Section 208(a) of the Social Security Act
(42 U.S.C. 408(a)) is amended--
(A) in paragraph (7), by adding after subparagraph
(C) the following:
``(D) with intent to deceive, discloses, sells, or
transfers his own social security account number,
assigned to him by the Commissioner of Social Security
(in the exercise of the Commissioner's authority under
section 205(c)(2) to establish and maintain records),
to any person; or'';
(B) in paragraph (8), by adding ``or'' at the end;
and
(C) by inserting after paragraph (8) the following:
``(9) without lawful authority, offers, for a fee, to
acquire for any individual, or to assist in acquiring for any
individual, an additional social security account number or a
number that purports to be a social security account number;
``(10) willfully acts or fails to act so as to cause a
violation of section 205(c)(2)(C)(xii);
``(11) being an officer or employee of any executive,
legislative, or judicial agency or instrumentality of the
Federal Government or of a State or political subdivision
thereof (or a person acting as an agent of such an agency or
instrumentality) in possession of any individual's social
security account number (or an officer or employee thereof or a
person acting as an agent thereof), willfully acts or fails to
act so as to cause a violation of clause (vi)(II), (x), (xi),
(xii), (xiii), or (xiv) of section 205(c)(2)(C); or
``(12) being a trustee appointed in a case under title 11,
United States Code (or an officer or employee thereof or a
person acting as an agent thereof), willfully acts or fails to
act so as to cause a violation of clause (x) or (xi) of section
205(c)(2)(C).''.
(2) Effective dates.--Paragraphs (7)(D) and (9) of section
208(a) of the Social Security Act, as added by paragraph (1),
shall apply with respect to each violation occurring after the
date of enactment of this Act. Paragraphs (10), (11), and (12)
of section 208(a) of such Act, as added by paragraph (1)(C),
shall apply with respect to each violation occurring on or
after the effective date of this Act.
(b) Report on Enforcement Efforts Concerning Employers Filing False
Information Returns.--The Commissioner of Internal Revenue and the
Commissioner of Social Security shall submit an annual report to the
appropriate congressional committees on efforts taken to identify and
enforce penalties against employers that file incorrect information
returns.
Subtitle B--Detention, Removal and Departure
SEC. 511. VOLUNTARY DEPARTURE.
(a) In General.--Section 240B of the Immigration and Nationality
Act (8 U.S.C. 1229c) is amended to read as follows:
``voluntary departure
``Sec. 240B. (a) In Lieu of Proceedings.--The Secretary of Homeland
Security may permit an alien voluntarily to depart the United States at
the alien's own expense under this subsection, in lieu of being subject
to proceedings under section 240 and in lieu of applying for another
form of relief from removal, if the alien is not deportable under
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart
voluntarily under this subsection shall not be valid for a period
exceeding 90 days and cannot be extended. The Secretary of Homeland
Security shall require an alien permitted to depart voluntarily under
this subsection to post a voluntary departure bond, in an amount
necessary to ensure that the alien will depart, to be surrendered upon
proof that the alien has departed the United States within the time
specified.
``(b) Prior to Scheduling Merits Hearing.--The Secretary of
Homeland Security may permit an alien voluntarily to depart the United
States at the alien's own expense under this subsection prior to the
scheduling of the first merits hearing, in lieu of applying for another
form of relief from removal, if the alien is not deportable under
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart
voluntarily under this subsection shall not be valid for a period
exceeding 60 days and cannot be extended. The Secretary shall require
an alien permitted to depart voluntarily under this subsection to post
a voluntary departure bond, in an amount necessary to ensure that the
alien will depart, to be surrendered upon proof that the alien has
departed the United States within the time specified.
``(c) Once First Merits Hearing Scheduled.--
``(1) In general.--Once the first merits hearing has been
scheduled under section 240, the Secretary of Homeland Security
may permit an alien voluntarily to depart the United States at
the alien's own expense under this subsection, in lieu of
pursuing another form of relief from removal, if the
immigration judge enters an order granting voluntary departure
in lieu of removal and finds that--
``(A) the alien has been physically present in the
United States for a period of at least one year
immediately preceding the date the notice to appear was
served under section 239(a);
``(B) the alien is, and has been, a person of good
moral character for at least 5 years immediately
preceding the alien's application for voluntary
departure;
``(C) the alien is not deportable under paragraph
(2)(A)(iii) or (4)(B) of section 237(a); and
``(D) the alien has established by clear and
convincing evidence that the alien has the means to
depart the United States and intends to do so.
``(2) Period.--Permission to depart voluntarily under this
subsection shall not be valid for a period exceeding 45 days
and cannot be extended.
``(3) Bond.--The Secretary of Homeland Security shall
require an alien permitted to depart voluntarily under this
subsection to post a voluntary departure bond, in an amount
necessary to ensure that the alien will depart, to be
surrendered upon proof that the alien has departed the United
States within the time specified.
``(d) Aliens Not Eligible.--The Secretary of Homeland Security
shall not permit an alien to depart voluntarily under this section if
the alien was previously permitted to depart voluntarily under section
244(e) or this section, or to voluntarily return, at any time.
``(e) Civil Penalty for Failure to Depart.--If an alien is
permitted to depart voluntarily under this section and fails
voluntarily to depart the United States within the time period
specified, the alien shall be subject to a civil penalty of not less
than $1,000 and not more than $5,000, and be ineligible for a period of
10 years for any further relief under this section and sections 240A,
245, 248, and 249. The order permitting the alien to depart voluntarily
shall inform the alien of the penalties under this subsection.
``(f) Additional Conditions.--The Secretary of Homeland Security
may by regulation limit eligibility for voluntary departure under this
section for any class or classes of aliens. No court may review any
regulation issued under this subsection.
``(g) Treatment of Aliens Arriving in the United States.--In the
case of an alien who is arriving in the United States and with respect
to whom proceedings under section 240 are (or would otherwise be)
initiated at the time of such alien's arrival, subsections (a) through
(c) shall not apply. Nothing in this paragraph shall be construed as
preventing such an alien from withdrawing the application for admission
in accordance with section 235(a)(4).
``(h) Review.--There shall be no administrative or judicial review
of a denial of a request for an order of voluntary departure. No court
or agency shall order a stay of an alien's removal pending
consideration of any claim with respect to voluntary departure. The
order permitting the alien to depart voluntarily shall inform the alien
that the alien has no right to appeal any issue relating to the removal
proceeding.''.
(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
aliens who are in proceedings under the Immigration and Nationality Act
on or after such date if those proceedings have not resulted in a final
administrative order before such date.
(c) Voluntary Departure Agreements Negotiated by State or Local
Courts.--
(1) The Secretary of Homeland Security may permit an alien
voluntarily to depart the United States at the alien's own
expense under this subsection at any time prior to the
scheduling of the first merits hearing, in lieu of applying for
another form of relief from removal, if the alien--
(A) is deportable under section 237(a)(1),
(B) is charged in a criminal proceeding in a state
or local court for which conviction would subject the
alien to deportation under subsections 237(a)(2)
through (a)(6), and
(C) has accepted a plea bargain in such proceeding
which stipulates that the alien, after consultation
with counsel in such proceeding, (i) voluntarily waives
application for another form of relief from removal,
(ii) consents to transportation, under custody of a law
enforcement officer of the state or local court, to an
appropriate international port of entry where departure
from the United States will occur, (iii) possesses or
will promptly obtain travel documents issued by the
foreign state of which the alien is a national or legal
resident, and (iv) possesses the means to purchase
transportation from the port of entry to the foreign
state to which the alien will depart from the United
States.
(2) The Secretary shall promptly review an application for
voluntary departure for compliance with the requirements of
paragraph (1). The Secretary shall permit voluntary departure
under this subsection unless the state or local jurisdiction is
informed in writing no later that 30 days after such
application is filed, that the Secretary intends to seek
removal under section 240.
SEC. 512. EXPEDITED EXCLUSION.
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 has not been physically present in the
United States continuously for the 5- 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; 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 has not been admitted or paroled into the
United States and has not been physically
present in the United States continuously for
the 5-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), 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. 513. EXPEDITED REMOVAL OF CRIMINAL ALIENS.
(a) In General.--Section 238 of the Immigration and Nationality Act
(8 U.S.C. 1228) is amended--
(1) by amending the section heading to read as follows:
``expedited removal of criminal aliens'';
(2) in subsection (a), by amending the subsection heading
to read as follows: ``Expedited Removal From Correctional
Facilities'';
(3) in subsection (b), by amending the subsection heading
to read as follows: ``Removal of Criminal Aliens'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The Secretary may, in the case of an
alien described in paragraph (2), determine the deportability
of such alien and issue an order of removal pursuant to the
procedures set forth in this subsection or section 240.
``(2) Aliens described.--An alien is described in this
paragraph if the alien, whether or not admitted into the United
States, was convicted of any criminal offense described in
subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
(5) in the first subsection (c) (relating to presumption of
deportability), by striking ``convicted of an aggravated
felony'' and inserting ``described in paragraph (b)(2)'';
(6) by redesignating the second subsection (c) (relating to
judicial removal) as subsection (d); and
(7) in subsection (d)(5) (as so redesignated), by striking
``, who is deportable under this Act,''.
(b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether
temporarily or otherwise,'' after ``enjoin''.
SEC. 514. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.
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.''.
SEC. 515. CANCELLATION OF REMOVAL.
Section 240A(c) of the Immigration and Nationality Act (8 U.S.C.
1229b(c)) is amended by adding at the end the following:
``(7) An alien who is inadmissible under section
212(a)(9)(B)(i).''.
SEC. 516. 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) (8 U.S.C.
1158(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) (8 U.S.C. 1229b(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) (8 U.S.C.
1229c(b)(1)(C)), by striking ``deportable under'' and
inserting ``described in'';
(D) in section 241(b)(3)(B) (8 U.S.C.
1251(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 (8 U.S.C. 1259)--
(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'' and inserting
``Secretary of Homeland Security'' each place it
appears;
(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. 517. ALTERNATIVES TO DETENTION.
The Secretary of Homeland Security shall implement pilot programs
in six States with the largest estimated populations of deportable
aliens 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. 518. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.
(a) Minimum Bond.--Section 236(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1226(a)(2)) is amended--
(1) by striking ``on'';
(2) in subparagraph (a)--
(A) by inserting ``except as provided under
subparagraph (B), upon the giving of a'' before
``bond''; and
(B) by striking ``or'' at the end;
(3) by redesignating subparagraph (B) as subparagraph (C);
and
(4) by inserting after subparagraph (A) the following:
``(B) if the alien is a national of a noncontiguous
country, has not been admitted or paroled into the
United States, and was apprehended within 100 miles of
the international border of the United States or
presents a flight risk, as determined by the Secretary
of Homeland Security, upon the giving of a bond of at
least $5,000 with security approved by, and containing
conditions prescribed by, the Secretary of Homeland
Security or the Attorney General; or''.
(b) Report.--Two years after the effective date of this Act, the
Secretary of Homeland Security shall submit a report to Congress on the
number of aliens from noncontiguous countries who are apprehended
between land border ports of entry.
SEC. 519. CONTINUANCES; CHANGES OF VENUE.
(a) In General.--Section 240(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1229a(b)(1)) is amended by adding at the end
the following:
``The immigration judge may not grant a continuance to permit an alien
to become eligible for relief under any provision of law. In
proceedings under this section or under section 236, the immigration
judge may not grant a change of venue for an alien who has not been
inspected and admitted or paroled into the United States. For all other
aliens, the immigration judge may grant a change of venue only if the
alien demonstrates that the alien cannot obtain a fair proceeding in
the current venue.''.
(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
continuances and changes of venue sought after such date.
SEC. 520. AUTHORIZATION OF APPROPRIATIONS.
In addition to amounts otherwise authorized to be appropriated,
there are authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011 to carry out this title.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security, Ways and Means, 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 Homeland Security, Ways and Means, 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 Homeland Security, Ways and Means, 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 Homeland Security, Ways and Means, 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 Homeland Security, Ways and Means, 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 Economic Security, Infrastructure Protection, and Cybersecurity.
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Referred to the Subcommittee on Immigration, Border Security, and Claims.