U.S. General Population Act - Directs the Department of Homeland Security (DHS) to implement or promote measures to: (1) influence population dynamics through education systems, public health systems, professional and technical training systems, and child protection systems, and encourage the participation of the collective populace in solving the problems that affect it; (2) regulate immigration and ensure immigrant assimilation and distribution into the national environment; (3) restrict U.S. emigration when national interests so require; and (4) stimulate the establishment of strong population cores of U.S. citizens and nationals in low population density border areas.
Sets forth provisions respecting: (1) migration; (2) immigration; (3) a national population registry; and (4) immigration-related penalties.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5523 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5523
To align the immigration laws of the United States with the Mexican
General Population Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 6, 2006
Mr. Linder (for himself and Mr. Forbes) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To align the immigration laws of the United States with the Mexican
General Population Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``U.S. General
Population Act''.
(b) Definitions.--In this Act:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Foreigner.--The term ``foreigner'' means any person who
is not a United States citizen or national.
(4) General minimum daily wage.--The term ``general minimum
daily wage'' means--
(A) the amount equal to the national minimum wage
defined by law; multiplied by
(B) the average number of daily hours worked in the
United States, as calculated by the Secretary of Labor.
TITLE I--OBJECTIVE AND PURPOSE
SEC. 101. GENERAL OBJECTIVES OF DOMESTIC DEMOGRAPHIC POLICIES.
For purposes of this Act, the Department of Homeland Security shall
issue and implement, or promote before the corresponding agencies or
entities when applicable, such measures as may be necessary in order
to--
(1) influence population dynamics by way of educations
systems, public health systems, professional and technical
training systems, and child protection systems, and encourage
the participation of the collective populace in solving the
problems that affect it;
(2) regulate the immigration of foreigners according to the
modalities deemed appropriate, and ensure the best assimilation
of same into the national environment as well as their proper
distribution throughout the national territory;
(3) restrict the emigration of United States citizens and
nationals when national interests so require; and
(4) stimulate the establishment of strong population cores
of United States citizens and nationals in those border areas
that are characterized by low population density.
SEC. 102. IMPLEMENTATION OF PROCEDURES TO CARRY OUT DOMESTIC
DEMOGRAPHIC POLICIES.
For purposes of the preceding section, the United States
Government, as well as other public-sector entities, based on their
attributes as set forth by law, shall be required to apply and
implement such procedures as may be necessary to achieve each of the
objectives of the domestic demographic policies. The Department of
Homeland Security, however, shall be exclusively responsible for
establishing norms, handling joint initiatives, and coordinating
programs between said entities as relates to demographic matters.
TITLE II--MIGRATION
SEC. 201. INTERNATIONAL TRANSIT OF PERSONS.
The international transit of persons by way of sea ports, airports,
and border crossings may occur only at those places designated for such
purposes, within the established time periods, and with the
intervention of the United States Customs and Border Protection.
SEC. 202. AUTHORITY TO SUSPEND INTERNATIONAL TRANSIT.
The Department of Homeland Security may temporarily suspend
international transit through airports, sea ports, and border crossings
when public interests so require.
SEC. 203. APPLICATION TO UNITED STATES AND FOREIGN CITIZENS AND
NATIONALS.
In order to enter or leave the country, both United States and
foreign citizens and nationals must comply with the requisites set
forth in this Act, the regulations thereto, and other applicable legal
provisions.
SEC. 204. ENTRY BY UNITED STATES CITIZENS AND NATIONALS.
United States citizens and nationals who enter the country shall be
required to verify their nationality, submit to a medical examination
when deemed necessary, and provide such statistical data as may be
required. In the case of a person infected with a contagious illness,
the immigration officials shall expedite the standard procedures in the
event said person must be allowed to enter the country in order to
receive medical attention at such place as the public health officials
shall indicate.
SEC. 205. EXCEPTION TO INSPECTION REQUIREMENTS.
The inspection set forth in section 204 shall not be required in
the case of representatives of foreign governments who enter the
country in an official capacity, nor their family members and
employees. This exception shall also apply to those persons who are
exempt from territorial jurisdiction, based on international
legislation, treaties, or customary practices, if there exists
reciprocity.
SEC. 206. REGULATIONS APPLICABLE TO MARITIME POPULATION CENTERS, BORDER
TOWNS, AND AIRPORTS THAT RECEIVE INTERNATIONAL TRAFFIC.
The Secretary of Homeland Security shall, in accordance with the
particular characteristics of each region, establish regulations
applicable to those foreigners who visit maritime population centers,
border towns, and airports that receive international traffic. The same
shall apply with respect to daily traffic between border towns and
their neighboring towns across the border, in all cases respecting the
applicable international treaties and conventions.
SEC. 207. DUTY OF GROUND, SEA, AND AIR TRANSPORT CARRIERS.
The representatives and employees of ground, sea, and air transport
carriers shall be required to verify that the foreign citizens and
nationals the carriers bring into the country are duly documented.
SEC. 208. PROHIBITION ON MARITIME TRANSPORT DISEMBARKATION WITHOUT
INSPECTION.
No passenger nor crew member arriving by maritime transport may
disembark until the immigration officials have performed the
corresponding inspection.
SEC. 209. FOREIGN CREW MEMBERS OF AIR, GROUND, OR SEA TRANSPORT
CARRIERS.
Foreign crew members of air, ground, or sea transport carriers may
only remain within national territory for the authorized period of
time. Any expenses incurred due to their deportation or exit from the
country shall be covered by the owners or representatives of said
carriers, be they companies, corporate entities of any kind, or
individuals.
SEC. 210. AIR TRANSPORT PILOTS, SHIP CAPTAINS, AND GROUND TRANSPORT
DRIVERS.
Air transport pilots, ship captains, and ground transport drivers
must present to immigration officials, at the time the entry or exit
inspection is performed, a list of passenger and crew members, as well
as the data necessary for their identification.
SEC. 211. PROHIBITION ON DISEMBARKATION OF NONCOMPLYING PASSENGERS.
Those foreigners who do not comply with the requisites established
by this Act and the regulations hereto shall not be authorized to
disembark, except for that foreseen under section 309(i).
SEC. 212. FOREIGNERS IN TRANSIT.
In the case of foreigners in transit who disembark with
authorization from the Department of Homeland Security in a domestic
port, and subsequently remain on land without legal authorization due
to forces beyond their control after the ship or aircraft they were
traveling on has left port, such persons must immediately present
themselves to the Department of Homeland Security. In such cases, the
Department shall take such measures as may be necessary relating to the
immediate exit of such persons.
SEC. 213. FOREIGNERS DENIED ENTRY.
Those foreigners who are denied entry by the Department, due either
to insufficient documentation or lack of documentation, as well as
stowaways, shall be required to leave the country at the expense of the
transport company that brought them into the country, without prejudice
to the penalties that may apply in accordance herewith.
SEC. 214. VISITORS TO MARITIME CARRIER IN INTERNATIONAL TRANSIT.
Visitors shall not be allowed to board any maritime carrier in
international transit without prior authorization from the Departments
of Homeland Security and Health and Human Services.
SEC. 215. TRANSPORT COMPANY LIABILITY.
Transport companies shall be liable for economic penalties relating
to violations of this Act and the regulations thereto committed by
their employees, agents, or representatives, without prejudice to any
direct liability so incurred by said persons.
TITLE III--IMMIGRATION
SEC. 301. DEPARTMENT OF STATE DETERMINES NUMBER OF IMMIGRANTS.
Based on the corresponding demographic studies, the Department of
State shall determine the number of foreigners to be allowed into the
country, either by activity category or by area of residence, and shall
subject the immigration of foreigners to such modalities as may be
deemed appropriate, according to their possibilities to contribute to
national progress.
SEC. 302. DEPARTMENT OF HOMELAND SECURITY IMPOSES CONDITIONS ON
IMMIGRANTS.
The Department shall be able to impose conditions upon those
foreigners who enter the country, with respect to the activities they
shall be allowed to pursue, as well as the areas where they shall be
allowed to reside. The Department shall also ensure that the immigrants
represent useful elements to the country, and that they receive
sufficient income to support themselves and, if applicable, such
persons as may depend on them economically.
SEC. 303. TEMPORARY ADMISSION OF FOREIGNERS WHO SUFFER POLITICAL
PERSECUTION OR WHO HAVE FLED FROM THEIR COUNTRY OF
ORIGIN.
Those foreigners who suffer political persecution or who have fled
from their country of origin in the situations enumerated under section
309(e) shall be temporarily admitted by the Department while it
resolves each case, without such resolution to be performed in the most
expedited manner possible.
SEC. 304. GROUNDS FOR DENYING FOREIGNERS ENTRY INTO THE UNITED STATES
OR CHANGING IMMIGRATION CATEGORY OR STATUS.
The Department shall be able to deny foreigners entry into the
United States or a change in their immigration category or status in
any of the following cases:
(1) International reciprocity does not exist.
(2) Domestic demographic equilibrium so requires.
(3) The quotas referred to in (visa cap limit provision)
herein do not allow such entry or status change.
(4) It is deemed that such entry or status change would be
harmful to the economic interests of United States citizens and
nationals.
(5) The foreigner in question has violated domestic laws or
has negative references from abroad.
(6) The foreigner in question has violated this Act, the
regulations thereto, or other applicable administrative
provisions, or does not comply with the requisites set forth in
same.
(7) The foreigner in question is not deemed physically or
mentally sound, in the opinion of the Department of Health and
Human Services.
(8) Other statutory provisions so stipulate.
SEC. 305. SUSPENSION OR PROHIBITION OF ADMISSION OF FOREIGNERS WHEN
NATIONAL INTERESTS REQUIRE.
The Department shall have the authority to suspend or prohibit the
admission of foreigners when national interests so require.
SEC. 306. LEGAL STATUS FOR SPOUSES AND PARENTS OF UNITED STATES
CITIZENS.
When a foreign citizen or national marries a United States citizen
or national, or has a child born in the United States, the Department
may authorize legal status for that foreign citizen.
SEC. 307. CHANGE IN LEGAL STATUS FOR SPOUSES AND PARENTS OF UNITED
STATES CITIZENS.
The Department may--
(1) revoke the legal status of, and establish a time period
for departure from the United States for, a foreign citizen or
national described in section 306 if the marital bond is
dissolved or the foreign spouse fails to comply with the
obligations established by civil family support legislation; or
(2) reconfirm or reassign another immigration status on
that foreign citizen or national.
SEC. 308. NONIMMIGRANT AND IMMIGRANT CATEGORIES.
Foreign citizens or nationals may legally enter the country with an
immigration status corresponding to either of the following categories:
(1) Nonimmigrant.
(2) Immigrant.
SEC. 309. NONIMMIGRANT CATEGORIES.
A nonimmigrant shall be a foreign citizen or national who enters
the country temporarily with permission from the Department under one
of the following categories:
(1) Tourist.
(2) Transmigrant.
(3) Visitor.
(4) Religious minister or associate.
(5) Political asylee.
(6) Refugee.
(7) Student.
(8) Distinguished visitor.
(9) Local visitor.
(10) Temporary visitor.
(11) Correspondent.
SEC. 310. REQUIREMENTS OF ADMISSION.
Admission into the country granted to a foreigner shall obligate
same to comply strictly with the conditions set forth in the visa as
well as the provisions established by the respective legislation.
SEC. 311. IMMIGRANT DEFINED.
An immigrant is a foreign citizen or national who enters the
country legally for purposes of residing therein while waiting to
attain permanent resident status.
SEC. 312. TERM OF AUTHORIZED ADMISSION FOR IMMIGRANTS.
Immigrants shall be accepted for up to five years, and shall be
required to demonstrate to the satisfaction of the Department that they
are complying with the conditions established when their entry into the
country was authorized, as well as with any other applicable
immigration provisions, in order for their immigration documents to be
renewed, when applicable.
SEC. 313. CHANGE IN CONDITIONS OF ADMISSION.
If during the stay period granted the underlying conditions
allowing the immigrant's stay are not complied with, the immigrant must
notify the Department of the situation within fifteen days, so that the
immigrant's documents may be revoked and a time period set for the
immigrant to either leave the country or normalize status, at the
discretion of the Department.
SEC. 314. INTERRUPTION IN PERIOD OF CONTINUOUS RESIDENCE IN UNITED
STATES.
An immigrant who remains outside the country for more than eighteen
months either consecutively or intermittently shall not be allowed to
apply for permanent resident status until the time period set forth in
section 319 has transpired in its entirety once again.
SEC. 315. LOSS OF STATUS DUE TO ABSENCE FROM UNITED STATES.
An immigrant who remains out the country for more than two years
shall lose status, except in those cases determined by the Department.
SEC. 316. IMMIGRANT CATEGORIES.
The various immigrant categories are as follows:
(1) Pensioner.
(2) Investor.
(3) Professional.
(4) Confidential Employee.
(5) Scientist.
(6) Technician.
(7) Family member.
(8) Artist.
(9) Athlete.
(10) Assimilated person.
SEC. 317. SCIENTIFIC OR TECHNICAL RESEARCH OR STUDIES.
All foreigners who perform scientific or technical research or
studies in the United States shall deliver to the Department a copy of
such works, even when same are completed, perfected, or printed abroad.
SEC. 318. MAXIMUM FACILITIES FOR THE TEMPORARY ADMISSION OF FOREIGNERS.
In exceptional situations, the Department may establish measures to
provide maximum facilities for the temporary admission of foreigners.
SEC. 319. APPLICATION FOR PERMANENT RESIDENT STATUS AFTER 5 YEARS.
Immigrants who have legally resided in the United States for five
years--
(1) may acquire permanent resident status, provided they
have complied with the provisions of this Act and the
regulations thereto and their activities have been honest and
positive for the community. The interested party shall retain
immigration status until such time as the Department has
resolved the immigrant's application for permanent resident
status; and
(2) shall have his or her documents revoked and a time
period set for that immigrant's departure in the event the 5-
year stay period allowed to an immigrant has expired and such
immigrant has either not applied for permanent resident status
within the time periods established by the regulations, or said
status application has been denied, from the United States. In
such cases the foreign citizen or national may apply once again
for immigrant status in accordance herewith.
SEC. 320. EXPRESS DECLARATION REQUIRED FOR PERMANENT RESIDENT STATUS.
Express declaration from the Department shall be required in order
to obtain permanent resident status.
SEC. 321. AUTHORIZED ACTIVITIES OF PERMANENT RESIDENTS.
A permanent resident may pursue any lawful activity, under such
limitations as may be imposed by the Department, in accordance with the
regulations and other applicable provisions.
SEC. 322. REVOCATION OF PERMANENT RESIDENT STATUS DUE TO ABSENCE FROM
UNITED STATES.
A permanent resident may freely exit and enter the country, but
shall have immigration status revoked if the permanent resident remains
outside the country for more than 3 consecutive years, or for more than
a total of 5 years during a ten-year period. The 10-year period shall
commence as of the date the permanent resident status is granted, in
the manner and under the terms set forth in the regulations.
SEC. 323. OFFICIAL REPRESENTATIVES OF FOREIGN GOVERNMENTS.
Foreign diplomats and consular agents accredited in the country, as
well as other officials who are in the United States for purposes of
officially representing their respective governments, shall not acquire
residence rights based solely on time periods. In the event such an
official wishes to continue to reside in the United States upon the
termination of official representation capacity, the person in question
shall be required to comply with all ordinary requisites. In such
cases, the Department shall be able to grant to such foreigners, for
motives of reciprocity, such facilities as the corresponding foreign
governments grant to those persons who have served as United States
representatives.
SEC. 324. SINGLE IMMIGRATION STATUS PERMITTED.
No foreigner may hold 2 immigration statuses nor pertain to 2
immigration categories simultaneously.
SEC. 325. LIMITED IMMIGRATION STATUSES AND CATEGORIES.
The immigration statuses or categories described under section
309(1) may not be varied. Variation of the other categories of
immigration status shall remain at the discretion of the Department,
once the requisites established herein for the new immigration status
requested have been fulfilled.
SEC. 326. AUTHORIZATION REQUIRED FOR ADDITIONAL ACTIVITIES.
Any foreigner who wishes to pursue activities other than those for
which that foreigner has already been expressly authorized by the
Department must receive permission from the Department to pursue such
activities.
SEC. 327. NOTIFICATION REQUIRED OF CHANGE IN CIRCUMSTANCES.
Those persons who have foreigners as employees or economic
dependents shall be required to notify the Department within fifteen
days of any circumstance that may alter or modify the immigration
conditions to which said foreigner are subject. The aforementioned
persons shall also be required to cover the costs incurred due to the
deportation of such foreigners in the event the Department should order
such deportation.
SEC. 328. ADMISSIONS REQUIREMENTS.
In order to enter the country, foreigners must comply with the
following requisites:
(1) Present an official certificate of good physical and
mental health, issued by authorities from the country of
origin, in those cases where the Department shall so require.
(2) Be approved of based on such examination as the
Department of Health and Human Services may perform.
(3) Provide to the Department, under oath, such information
as may be requested of them.
(4) Identify themselves by way of proper and authentic
documents and, if applicable, accredit their immigration
status.
(5) Present an official certificate of their conduct,
issued by the corresponding authority of their normal place of
residence, in those cases where the Department shall so
require.
(6) Comply with the requisites set forth in their entry
permit.
SEC. 329. REGISTRATION UPON ENTRY.
Those foreigners who enter the country under immigration status,
and those nonimmigrants referred to in subsections (c), (d), (e), (f),
and (g) of section 309 shall be required to register with the
Department within 30 days following the date of their entry.
SEC. 330. VERIFICATION OF LAWFUL PRESENCE.
Whenever required by the Department, foreign citizens and nationals
must verify that they have legally entered and stayed in the United
States, and must comply with such other requisites as may be set forth
in this Act and the regulations thereto.
SEC. 331. NOTIFICATION OF CHANGES.
Registered foreigners shall be required to notify the Department of
any changes in their immigration status or category, nationality, civil
status, address, and activities, within thirty days following such
changes.
SEC. 332. ACQUISITION OF SECURITIES, REAL ESTATE, BANK ACCOUNT.
Regardless of their immigration status, foreigners may, either
directly or by proxy, without the need for authorization from the
Department, acquire fixed or variable income securities and make bank
deposits, as well as acquire urban real property and rights.
SEC. 333. EXCEPTION FOR FOREIGNERS IN TRANSIT.
A foreigner in transit, due to the nature of his or her status,
shall not be eligible to acquire the types of property referred to
under section 332.
SEC. 334. VERIFICATION OF LAWFUL PRESENCE TO GOVERNMENT AUTHORITIES,
NOTARIES PUBLIC, AND COMMERCIAL BROKERS.
All Federal, State, and local authorities, as well as notaries
public and those who substitute or take place of the same, and
commercial brokers, shall be required to request those foreigners who
deal with them to prove that they are staying in the country legally.
In those cases set forth in regulation, such authorities, notaries, and
brokers shall be required to request that the foreigners they deal with
accredit that their immigration status and category allow them to
perform the act or enter into contract in question or, to the contrary,
show that they have obtained special authorization from the Department
for such effects. In those cases indicated in Regulation, such
authorities, notaries, and brokers shall notify the Department within a
period no longer than 15 days following the act performed or contract
entered into before them.
SEC. 335. VERIFICATION OF LAWFUL PRESENCE TO CIVIL JUDGES OR OFFICIALS.
Civil judges or officials shall not perform any act involving the
participation of any foreigner until the latter has first demonstrated
that his or her stay in the country is legal, except in cases of the
registration of births and deaths under the terms set forth in
regulations of this Act. In cases involving the marriage of foreigners
with United States citizens and nationals, they must also request
authorization from the Department.
SEC. 336. REGISTRATION OF REQUIRED VERIFICATIONS.
In all cases the verification referred to in this article must be
recorded, and the Department must be given notice of the act performed.
SEC. 337. REGISTRATION WITH DEPARTMENT OF MARRIAGES AND DIVORCES.
Marriages and divorces between United States citizens and nationals
and foreigners shall be recorded in a registry within the Department
within 30 days following the date of same.
SEC. 338. CERTIFICATION FROM DEPARTMENT REQUIRED FOR DIVORCE OR
ANNULMENT.
No judicial nor administrative authority shall process any divorce
or marriage annulment involving foreigners unless the petition for same
is accompanied by a certification from the Department accrediting their
legal residence in the United States, as well as a certification that
their immigration status and category permit such act to be performed.
SEC. 339. CERTIFICATES ACCREDITING LAWFUL STAY.
The Department, upon request from the interested parties and within
a period no greater than thirty working days, shall issue certificates
accrediting their lawful stay in the country.
SEC. 340. IMMIGRATION DETENTION CENTERS.
The Department shall establish immigration detention centers in
those places within areas of the United States deemed appropriate for
purposes of holding, as a security measure if considered necessary,
those foreigners whose entry into the United States has been
provisionally authorized, as well as those who are to be deported.
SEC. 341. NOTIFICATION OF DEPARTMENT REGARDING CRIMINAL PROSECUTION OF
FOREIGNERS.
Judicial authorities shall be required to notify the Department
concerning the particulars of those foreigners who are being
prosecuted, upon commencement of said process, along with information
with respect to the crimes allegedly committed and any sentence
entered.
SEC. 342. NOTIFICATION OF DEPARTMENT CONCERNING CHANGES IN CIVIL STATUS
AFFECTING FOREIGNERS.
The States shall require any civil or family court judge to notify
the Department concerning changes in civil status affecting foreigners
within five days following the date of the corresponding act, sentence,
or resolution.
SEC. 343. INTER-AGENCY COOPERATION.
Those authorities who by law are responsible for Federal, State, or
local public enforcement agencies shall collaborate with the Department
upon request from the latter, for purposes of enforcing the provisions
of this Act.
SEC. 344. EMPLOYMENT AUTHORIZATION VERIFICATION.
No one shall be able to employ foreigners who have not first
verified their legal stay in the country and obtained the specific
authorization to render the service in question
SEC. 345. DEEMED ABANDONMENT OF IMMIGRATION BENEFIT REQUEST.
In the event a company, a foreigner, or their legal representative
does not comply with the requisites set forth by the Department for any
immigration procedure within the time period established by the
Department for such purposes, it shall be deemed that they have
abandoned (desisted from pursuing) said procedure.
SEC. 346. LIMITATION ON POLITICAL PARTICIPATION.
An individual who is neither a United States citizen or national,
nor a permanent legal resident, may not in any way participate in the
political affairs of the United States.
TITLE IV--NATIONAL POPULATION REGISTRY
SEC. 401. CREATION OF NATIONAL POPULATION REGISTRY.
The Department shall, through the creation of a National Population
Registry, be responsible for the registration and accreditation of the
identity of all foreign persons who reside in the United States.
SEC. 402. PURPOSE.
The purpose of the National Population Registry shall be to
maintain a record of every foreign person within the United States
population, with such data as may be necessary to definitively certify
and accredit their identity.
SEC. 403. COMPOSITION.
The Registry shall be comprised of the immigration information kept
on record by the Department.
SEC. 404. ASSIGNMENT OF CODE NUMBER.
Upon being registered in the National Population Registry, each
person shall be assigned a code number that shall be referred to as an
Individual Population Registry Number, which shall serve to register
and identify each person individually.
SEC. 405. NORMS, METHODS, AND TECHNICAL PROCEDURES FOR NATIONAL
POPULATION REGISTRY.
The Department shall establish the norms, methods, and technical
procedures for the National Population Registry, and shall coordinate
the identification and registration methods observed by the various
Federal agencies.
SEC. 406. LOCAL AUTHORITY CONTRIBUTION.
Local authorities shall contribute to the composition of the
National Population Registry for the following purposes:
(1) To adopt the norms referred to in section 405.
(2) To collect information relating to births and deaths,
in order to comprise the National Population Registry and
maintain same permanently updated.
(3) When registering births of children born to foreign
parents, to include the Individual Population Registry Number
on the corresponding birth certificate.
SEC. 407. JUDICIAL NOTIFICATION.
Judicial authorities shall be required to notify the Department of
any resolutions that affect an individual's immigration rights or imply
a modification of a persons registry data.
SEC. 408. USE IN PREPARING ELECTION DOCUMENTATION.
The Department shall provide to the respective States such National
Population Registry information as may be necessary for the purposes of
preparing election documentation, under the terms set forth by law.
TITLE V--PENALTIES
SEC. 501. DEPARTMENT EMPLOYEES.
Employees of the Department shall be penalized with thirty days
suspension, or dismissal in extreme cases, in the event they--
(1) reveal matters of a confidential nature without being
authorized to do so;
(2) obstruct the normal processing of immigration matters,
either maliciously or due to gross negligence;
(3) intervene in the handling of the matters referred to in
this Act, or provide for or advise upon a way for interested
parties to avoid immigration provisions and procedures, either
directly or by way of third persons; and
(4) maliciously make improper use of immigration documents
or provide same to third persons, without the authorization of
the Secretary.
SEC. 502. FEDERAL, STATE, AND LOCAL AUTHORITIES.
Any Federal, State, or local authority who violates the provisions
of this Act or the regulations thereto, when such violations do not
constitute criminal offenses, shall be penalized by a fine of up to
$9,000, and dismissal in the event of repeat violations.
SEC. 503. AIDERS AND ABETTORS.
A person who aids, abets, or advises any individual to violate the
provisions of this Act and the regulations thereto in a manner that
does not constitute a criminal offense, shall be punished by a fine of
up to 100 times the general minimum daily wage in effect at the time
the violation is committed, or by incarceration for 36 hours if such
fine is not paid.
SEC. 504. FALSE SIGNATURE.
A person who submits or signs any document or petition with a
signature that is false or different from the one normally used shall
be subject to a fine of up to 200 times the general minimum daily wage
in effect at the time the violation is committed, or by incarceration
for 36 hours if such fine is not paid, without prejudice to any
penalties that may be incurred when such violation constitutes a
criminal offense.
SEC. 505. FAILURE TO DEPART.
A fine of up to $9,000 shall be imposed on any foreigner whose
immigration status has been revoked and who has not complied with the
orders from the Department to leave the United States within the time
period set for said purpose.
SEC. 506. REENTRY AFTER DEPORTATION.
Any foreigner who, after being deported, enters the country again
without having obtained readmission authorization shall receive up to
10 years in prison and be fined up to $9,000. The same penalty shall be
imposed on any foreigner who fails to report or hides his or her
deportee status in order to obtain a new entry permit.
SEC. 507. UNAUTHORIZED OVERSTAYS.
Any foreigner who, after initially having legally obtained
authorization to enter the country, remains in the country illegally
due to noncompliance with or violation of the administrative or legal
provisions upon which his or her stay was conditioned shall receive up
to 6 years in prison and be fined up to $9,000.
SEC. 508. UNAUTHORIZED ACTIVITIES BY FOREIGNERS.
A fine of up to $6,000 and imprisonment of up to eighteen months
shall be imposed on any foreigner who performs activities for which he
or she is not authorized in conformance with this Act or the entry
permit granted by the Department.
SEC. 509. CRIMINAL OR DISHONEST ACTS DURING.
Any foreigner who violates the terms governing his or her stay in
the country by performing unlawful or dishonest acts shall receive up
to 2 years in prison and be fined up to $17,000.
SEC. 510. FALSE CLAIM REGARDING IMMIGRATION STATUS.
Any foreigner who maliciously makes use of or claims to hold an
immigration status different from that granted to him or her by the
Department shall receive up to 5 years in prison and be fined up to
$9,000.
SEC. 511. UNLAWFUL ENTRY.
Any foreigner who enters the country illegally shall receive up to
two years in prison and be fined between $600 and $9,000.
SEC. 512. REVOCATION OF IMMIGRATION STATUS AND DEPORTATION.
Any foreigner who commits the violations described in section 503,
505, 506, 507, 508, 509, 510, 513, 514, 524, 525, or 526 of this Act
shall have their immigration status revoked and shall be deported,
without prejudice to the application of the penalties set forth in such
sections.
SEC. 513. PERMANENT AND TEMPORARY BARS FROM REENTRY.
In those cases involving threats to national security or
sovereignty, deportation shall be definitive. In all other cases, the
Department shall determine the time period during which the deported
foreigner shall not be allowed to reenter the country. During such
period, the person so barred may only be readmitted upon authorization
expressly issued by the Secretary.
SEC. 514. MARRIAGE FRAUD.
Any United States citizen who contracts marriage with a foreigner
for the sole purpose of allowing the latter to reside in the country,
receiving the benefits established by law in such cases, shall receive
up to 5 years in prison and be fined up to $9,000. The same penalties
shall apply to the foreigner involved in such a marriage.
SEC. 515. DEPORTATION AND DETENTION.
The deportation of foreigners, as well as those measures
established by the Department for holding foreigners in immigration
detention centers or in locations used for such purposes prior to their
detention, shall be of public order.
SEC. 516. BONDS NOT PREVENTING DEPORTATION.
Bonds required of foreigners by judicial or administrative
authorities shall not prevent the execution of deportation orders
issued by the Department against such foreigners.
SEC. 517. MARITIME CARRIER PERMITTING UNAUTHORIZED DISEMBARKATION.
A fine of up to $6,000 shall be imposed on any maritime carrier
that allows passengers or crew members to disembark on land before
receiving the corresponding permit from the Department.
SEC. 518. DISEMBARKATION AT UNAUTHORIZED PLACE OR TIME.
Except in cases of force majeure, the disembarking of persons
arriving from abroad at places and times not indicated for such
purposes shall be punished by a fine of up to $17,000, to be imposed on
the responsible individuals, the company involved, or its
representatives or consignees.
SEC. 519. MARITIME AND AIRLINE CARRIERS BRINGING PASSENGERS WITHOUT
VALID DOCUMENTS.
Maritime carriers or airline companies that bring into the country
foreigners without valid immigration documents shall be penalized with
a fine of up to $9,000, without prejudice to the possibility of the
foreigner in question being turned back and the company being required
to return same to his or her place of departure at the company's
expense.
SEC. 520. MARITIME AND AIRLINE CARRIERS FAILING TO RETURN PASSENGERS
DENIED ADMISSION.
In the event a maritime carrier captain or person acting in such
capacity disobeys an order to transport passengers who have been turned
back, said captain or acting captain, the carrier company, or its
representatives or consignees shall be punished with a fine of up to
$9,000. Airline companies shall be subject to the same fine. In either
case a document shall be drawn up for purposes of recording all the
pertinent circumstances.
SEC. 521. AUTHORIZING OR ORDERING TRANSPORT CARRIER TO LEAVE THE UNITED
STATES WITHOUT THE NECESSARY PERMIT.
A fine of up to $2,000 shall be imposed on any person who
authorizes or orders a transport carrier to leave the United States
without the necessary permit from immigration officials.
SEC. 522. PASSENGERS IN TRANSIT WHO FAILURE TO REPORT OVERSTAY.
Foreigners who fail to comply with the obligation set forth in
section 212 herein shall be punished by a fine of up to 100 times the
general minimum daily wage in effect at the time the violation is
committed, or by incarceration for 36 hours if such fine is not paid.
SEC. 523. VISITING A FOREIGN MARITIME CARRIER WITHOUT PERMISSION.
Any person who visits a foreign maritime carrier without permission
from immigration officials shall be punished with a fine of up to $900
or incarceration of up to 3 days. The same penalty shall be imposed on
any person who, without being authorized to do so, allows a visit such
as those referred to in the preceding paragraph.
SEC. 524. TRAFFICKING.
Imprisonment of between 6 and 12 years and a fine of between 100
and 10,000 times the general minimum daily wage in effect at the time
the violation is committed shall be imposed on any person who--
(1) for purposes of trafficking, either directly or through
an intermediary transports or attempts to transport United
States citizens or nationals or foreigners into another country
without the corresponding documentation;
(2) either directly or through another person brings one or
more foreigners into the United States without the
corresponding documentation issued by an applicable authority;
and
(3) for purposes of trafficking, shelters or transports
foreigners within the United States in order to hide such
persons and avoid immigration inspections.
SEC. 525. AIDING TRAFFICKING.
Imprisonment of from 1 to 5 years and a fine of up to 5,000 times
the general minimum daily wage in effect at the time the violation is
committed shall be imposed on any person who knowingly provides the
means to, offers to, or helps to carry out the acts described under
section 524.
SEC. 526. ENHANCED PENALTIES FOR CERTAIN FORMS OF TRAFFICKING.
The fines established under section 524 and 525 shall be increased
by up to 50 percent in the event the acts described therein involve
underage persons, or under conditions or by means that endanger the
life, health, or integrity of the undocumented persons, or in the event
the principal is a public servant.
SEC. 527. PROCESSING DIVORCE OR MARRIAGE ANNULMENT WITHOUT
CERTIFICATION.
Any judicial or administrative official who processes any divorce
or marriage annulment involving foreigners, when the petition for same
is not accompanied by a certification from the Department accrediting
their legal residence in the country, nor by a certification that their
immigration status and category permit such act to be performed, shall
have his or her employment terminated, and shall be imprisoned for up
to 6 months or be subject to a fine of up to $17,000, or both. Any such
official shall be suspended from his or her functions upon the
initiation of the prosecution of such offense.
SEC. 528. PERMITTING FOREIGNER TO ESCAPE IMMIGRATION CONTROLS.
A fine of up to 1,000 times the general minimum daily wage in
effect at the time the violation is committed shall be imposed on any
person who takes custody of a foreigner and then allows said foreigner
to escape immigration controls, without prejudice to such penalties as
may be incurred in the event such action constitutes a criminal
offense.
SEC. 529. OTHER ADMINISTRATIVE INFRACTIONS.
Any administrative infraction of this Act or the regulations
thereto in immigration matters, with respect to cases not foreseen in
this chapter, shall be subject to a fine of up to 1,000 times the
general minimum daily wage in effect at the time the violation is
committed, or subject to detention for up to 36 hours if such fine is
not paid.
SEC. 530. COMPLAINT PROCEDURES.
In the event of crimes committed in violation of the provisions of
this Act, the criminal proceedings pursued by the United States
Attorney General shall be subject to the complaint submitted by the
Department in each case.
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Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity.
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