Comprehensive Enforcement and Immigration Reform Act of 2005 - Amends the Immigration and Nationality Act, and sets forth other immigration-related provisions with respect to increases in funding, personnel, and technology at the federal, state, and local level for border enforcement and visa security, worksite enforcement, document integrity, immigration fraud, and detention and removal of illegal aliens.
Increases criminal penalties for alien smuggling, document fraud, gang violence, and drug trafficking.
Makes alien street gang members inadmissible.
Extends the institutional removal program (IRP) to all States.
Establishes in the Department of Justice of a position of Assistant Attorney General for Immigration Enforcement.
Authorizes state and local authorities to assist in immigration enforcement.
Provides: (1) penalties for false work-related citizenship claims, and for social security number misuse; (2) for mandatory electronic employment verification of U.S. workers; and (3) a new W-visa temporary worker category (and elimination of the H-2B temporary nonagricultural worker visa category).
Terminates the diversity visa program.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1438 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1438
To provide for immigration reform.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 20, 2005
Mr. Cornyn (for himself and Mr. Kyl) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for immigration reform.
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 ``Comprehensive
Enforcement and Immigration Reform Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--BORDER ENFORCEMENT AND VISA SECURITY
Sec. 101. Necessary assets for controlling United States borders.
Sec. 102. Expedited removal between ports of entry.
Sec. 103. Document fraud detection.
Sec. 104. Improved document integrity.
Sec. 105. Cancellation of visas.
Sec. 106. Biometric entry-exit system.
Sec. 107. Release of aliens from noncontiguous countries.
Sec. 108. Reducing illegal immigration and alien smuggling on tribal
lands.
TITLE II--INTERIOR ENFORCEMENT
Subtitle A--General Enforcement
Sec. 201. Detention space and removal capacity.
Sec. 202. Detention of dangerous aliens.
Sec. 203. Increased criminal penalties for alien smuggling, document
fraud, gang violence, and drug trafficking.
Sec. 204. Penalty for countries that do not accept return of nationals.
Sec. 205. No judicial review of visa revocation.
Sec. 206. Alternatives to detention.
Sec. 207. Removal of aliens.
Sec. 208. Additional immigration personnel.
Sec. 209. Completion of background and security checks.
Sec. 210. Denial of benefits to terrorists and criminals.
Sec. 211. Reinstatement of previous removal orders.
Sec. 212. Automated alien records.
Subtitle B--State and Local Law Enforcement
Sec. 221. Immigration law enforcement by States and political
subdivisions of States.
Sec. 222. State and local law enforcement provision of information
regarding aliens
Sec. 223. Listing of immigration violators in the National Crime
Information Center database.
Sec. 224. 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.
Sec. 225. Federal custody of illegal aliens apprehended by State or
local law enforcement.
Sec. 226. Immunity.
Sec. 227. State criminal alien assistance program.
Sec. 228. Construction.
Sec. 229. State Defined.
TITLE III--WORKSITE ENFORCEMENT AND EMPLOYMENT VERIFICATION SYSTEM
Subtitle A--Increased Enforcement Resources and Penalties
Sec. 301. Additional worksite enforcement and fraud detection agents.
Sec. 302. Penalties for unauthorized employment and false claims of
citizenship.
Sec. 303. Penalties for misusing social security numbers or filing
false information with Social Security
Administration.
Subtitle B--Increased Document Integrity
Sec. 311. Social Security cards.
Sec. 312. Birth certificates.
Subtitle C--Mandatory Electronic Employment Verification of All Workers
in the United States
Sec. 321. Employment eligibility verification program.
Subtitle D--Reduction in Employer Burdens
Sec. 331. Reduction in documents that establish identity and employment
authorization.
Sec. 332. Good faith compliance.
TITLE IV--REQUIREMENTS FOR PARTICIPATING COUNTRIES
Sec. 401. Requirements for participating countries.
TITLE V--NONIMMIGRANT TEMPORARY WORKER PROGRAM
Sec. 501. Nonimmigrant temporary worker category.
Sec. 502. Temporary worker program.
Sec. 503. Statutory construction.
Sec. 504. Authorization of appropriations.
TITLE VI--MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS
Sec. 601. Mandatory departure and reentry in legal status.
Sec. 602. Statutory construction.
Sec. 603. Authorization of appropriations.
TITLE VII--ALIEN EMPLOYMENT MANAGEMENT SYSTEM
Sec. 701. Alien employment management system.
Sec. 702. Labor investigations.
TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD
Sec. 801. Grants to support public education and training.
TITLE IX--CIRCULAR MIGRATION
Sec. 901. Investment accounts.
TITLE X--BACKLOG REDUCTION
Sec. 1001. Employment based immigrants.
Sec. 1002. Country limits.
Sec. 1003. Allocation of immigrant visas.
TITLE XI--TEMPORARY AGRICULTURAL WORKERS
Sec. 1101. Sense of the Senate on temporary agricultural workers.
TITLE I--BORDER ENFORCEMENT AND VISA SECURITY
SEC. 101. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.
(a) Personnel.--
(1) Customs and border protection officers.--In each of the
fiscal years 2006 through 2010, 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 2006 through 2010 to
carry out paragraph (1).
(B) Border patrol agents.--There are authorized to
be appropriated such sums as may be necessary for each
of fiscal years 2006 through 2010 to carry out section
5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (118 Stat. 3734).
(C) Transportation of aliens.--There are authorized
to be appropriated $25,000,000 for each of fiscal years
2006 through 2010 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 2006
through 2010 to carry out paragraph (1).
(c) Infrastructure.--
(1) Construction of border control facilities.--The
Secretary of Homeland Security shall construct all-weather
roads and shall acquire vehicle barriers and necessary
facilities to support its mission of achieving 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 2006
through 2010 to carry out paragraph (1).
(d) 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. 102. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY.
(a) In General.--Section 235 of the Immigration and Nationality Act
(8 U.S.C. 1225) is amended--
(1) in subsection (b)(1)(A)(i), by striking ``the officer''
the inserting ``a supervisory officer'' and
(2) in subsection (c), by adding at the end the following:
``(4) Expansion.--The Secretary of Homeland Security shall
make the expedited removal procedures under this subsection
available in all border patrol sectors on the southern border
of the United States as soon as operationally possible.
``(5) Training.--The Secretary of Homeland Security shall
provide employees of the Department of Homeland Security with
comprehensive training of the procedures authorized under this
subsection.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of fiscal years 2006 through 2010 to
carry out the amendments made by this section.
SEC. 103. 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 2006 through 2010 to
carry out this section.
SEC. 104. IMPROVED DOCUMENT INTEGRITY.
Section 303 of 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'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following:
``(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.''.
SEC. 105. 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 striking ``(other than the visa
described in paragraph (1)) issued in a consular office located
in the country of the alien's nationality'' and inserting
``(other than a visa described in paragraph (1)) issued in a
consular office located in the country of the alien's
nationality or foreign residence''.
SEC. 106. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Grounds of Inadmissibility.--Section 212 of the Immigration and
Nationality Act (8 U.S.C. 1182) is amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholders of biometric data.--Any alien who
fails to comply with a lawful request for biometric
data under section 215(c) or 235(d) is inadmissible.'';
and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary of Homeland Security shall determine whether a
ground for inadmissibility exists with respect to an alien described in
subparagraph (C) subsection (a)(7) and may waive the application of
such subparagraph, for an individual alien or a class of aliens, at the
discretion of the Secretary.''.
(b) Collection of Biometric Data From Aliens Departing the United
States.--Section 215 of the Immigration and Nationality Act (8 U.S.C.
1185) is amended--
(1) by redesignating subsection (c) as subsection (g); and
(2) by inserting after subsection (b) the following:
``(c) The Secretary of Homeland Security is authorized to require
aliens departing the United States to provide biometric data and other
information relating to their immigration status.''.
(c) Inspection of Applicants for Admission.--Section 235(d) of the
Immigration and Nationality Act (8 U.S.C. 1185(d)) is amended by adding
at the end the following:
``(5) Authority to collect biometric data.--In conducting
inspections under subsection (b), immigration officers are
authorized to collect biometric data from--
``(A) any applicant for admission or alien seeking
to transit through the United States; or
``(B) any lawful permanent resident who is entering
the United States, but is not regarded as seeking
admission under section 101(a)(13)(C).''.
(d) Collection of Biometric Data From Alien Crewman.--Section 252
of the Immigration and Nationality Act (8 U.S.C. 1282) is amended by
inserting ``Immigration officers are authorized to collect biometric
data from any alien crewman seeking permission to land temporarily in
the United States.'' after ``this title.''.
(e) Implementation.--Section 7208 of the 9/11 Commission
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Implementation.--In fully implementing the automated
biometric entry and exit data system under this section, the
Secretary is not required to comply with the requirements of
chapter 5 of title 5, United States Code (commonly referred to
as the `Administrative Procedures Act') or any other law
relating to rulemaking, information collection, or publication
in the Federal Register.''; and
(2) in subsection (l)--
(A) by striking ``There are authorized'' and
inserting the following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Implementation at all land border ports of entry.--
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2006 and 2007 to implement
the automated biometric entry and exit data system at all land
border ports of entry.''.
SEC. 107. 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''; 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.--Not later than 2 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. 108. 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 a report to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives 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 2006 through 2010 to
carry out this section.
TITLE II--INTERIOR ENFORCEMENT
Subtitle A--General Enforcement
SEC. 201. DETENTION SPACE AND REMOVAL CAPACITY.
Section 5204 of the Intelligence Reform and Terrorism Protection
Act of 2004 (118 Stat. 3734) is amended--
(1) in subsection (a), by striking ``8,000'' and inserting
``10,000''; and
(2) by adding at the end the following:
``(c) 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
2006 through 2010 to carry out subsection (a).''.
SEC. 202. 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), 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), 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), by striking
``deportable under'' and inserting ``described in'';
(D) in section 241(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--
(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'' each place it
appears and inserting ``Secretary of Homeland
Security'';
(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. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN SMUGGLING, DOCUMENT
FRAUD, GANG VIOLENCE, AND DRUG TRAFFICKING.
(a) 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 year'' 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''; and
(iii) in clause (iii), by adding at the end
the following: ``be fined under title 18,
United States Code, and imprisoned not more
than 15 years; or''; and
(C) by striking the matter following clause (iii)
and inserting the following:
``(C) in the case of a third or subsequent offense
described in subparagraph (B) and for any other
violation, shall be fined under title 18, United States
Code, and imprisoned not less than 5 years nor more
than 15 years.'';
(3) in paragraph (3)(A), by striking ``5 years'' and
inserting ``10 years''; and
(4) in paragraph (4), by striking ``10 years'' and
inserting ``20 years''.
(b) 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''.
(c) 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.
``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:
``52. Illegal aliens........................................ 1131''.
(d) Criminal Street Gangs.--
(1) Inadmissibility.--Section 212(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph (J); and
(B) by inserting after subparagraph (E) the
following:
``(F) Aliens who are members of criminal street
gangs.--Any alien who is a member of a criminal street
gang (as defined in section 521(a) of title 18, United
States Code) is inadmissible.''.
(2) Deportability.--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) Aliens who are members of criminal street
gangs.--Any alien who is a member of a criminal street
gang (as defined in section 521(a) of title 18, United
States Code) is deportable.''.
(3) Temporary protected status.--Section 244(c)(2)(B) of
the Immigration and Nationality Act (8 U.S.C. 1254a(c)(2)(B))
is amended--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is a member of a criminal
street gang (as defined in section 521(a) of
title 18, United States Code).''.
SEC. 204. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT RETURN OF NATIONALS.
Section 243(d) of the Immigration and Nationality Act (8 U.S.C.
1253(d)) is amended--
(1) by striking ``On being notified'' and inserting the
following:
``(1) In general.--Upon notification''; and
(2) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(3) by adding at the end the following:
``(2) Denial of admission.--The Secretary of Homeland
Security, after making a determination that the government of a
foreign country has denied or unreasonably delayed accepting an
alien who is a citizen, subject, national, or resident of that
country after the alien has been ordered removed, and after
consultation with the Secretary of State, may deny admission to
any citizen, subject, national or resident of that country
until the country accepts the alien that was ordered
removed.''.
SEC. 205. 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'' and all that follows and inserting a period.
SEC. 206. ALTERNATIVES TO DETENTION.
The Secretary of Homeland Security shall implement pilot programs
in all States 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. 207. REMOVAL OF ALIENS.
(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) 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.
(c) Technology Usage.--Technology such as videoconferencing shall
be used to the maximum extent possible 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.
(d) Report to Congress.--The Secretary of Homeland Security shall
submit a report to Congress on the participation of States in the
Institutional Removal Program and in any other program under subsection
(a).
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the Institutional Removal Program--
(1) $30,000,000 for fiscal year 2006;
(2) $40,000,000 for fiscal year 2007;
(3) $50,000,000 for fiscal year 2008;
(4) $60,000,000 for fiscal year 2009; and
(5) $70,000,000 for fiscal year 2010.
SEC. 208. 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 2006
through 2010, 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 2006 through
2010, 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 2006 through 2010 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, which
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 2006
through 2010, 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.
(3) United states attorneys.--In each of fiscal years 2006
through 2010, 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.
(4) Immigration judges.--In each of fiscal years 2006
through 2010, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of immigration judges.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Justice for each of
fiscal years 2006 through 2010 such sums as may be necessary to
carry out this subsection, including the hiring of necessary
support staff.
SEC. 209. 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:
``(i) Notwithstanding any other provision of law, the Secretary of
Homeland Security, the Attorney General, or any court may 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. 210. 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:
``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 deny or withhold
(with respect to an alien described in subsection (a)(1)) or withhold
pending resolution of the investigation, case, or law enforcement
checks (with respect to an alien described in paragraph (2) or (3) of
subsection (a)) any such application, petition, status or benefit on
such basis.''.
SEC. 211. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.
(a) In General.--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.''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
take effect as if enacted on March 1, 2003.
SEC. 212. AUTOMATED ALIEN RECORDS.
(a) In General.--Not later than 5 years after the date of enactment
of this Act, the Secretary of Homeland Security shall automate the
storage of alien records in an electronic format that is interoperable
with the alien record keeping systems of the Department of Justice and
accessible by other Federal agencies for the purposes of administering
the immigration laws of the United States.
(b) Existing Records.--The Secretary of Homeland Security shall
automate all alien records that were created during the 5-year period
ending on the date of enactment of this Act.
(c) Oversight.--The Chief Information Officer of the Department of
Homeland Security shall be responsible for oversight and management of
automating the storage of alien records in an electronic format.
(d) Official Record.--The automated alien record created under this
section shall constitute the official record for purposes of the
National Archives and Records Administration.
(e) Reports.--The Secretary of Homeland Security shall report to
the appropriate committees in Congress in 2008 and 2010 on the progress
made in automating alien records under this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 2006 through 2010
to carry out this section.
Subtitle B--State and Local Law Enforcement
SEC. 221. IMMIGRATION LAW ENFORCEMENT 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. 222. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION
REGARDING ALIENS.
(a) Violations of Federal Law.--A statute, policy, or practice that
prohibits a law enforcement officer of a State, or of a political
subdivision of a State, from enforcing Federal immigration laws or from
assisting or cooperating with Federal immigration law enforcement in
the course of carrying out the law 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) Provision of Information Regarding Apprehended Illegal
Aliens.--
(1) In general.--In compliance with 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), States and localities should provide to the
Secretary of Homeland Security the information listed in
subsection (c) on each alien apprehended or arrested in the
jurisdiction of the State or locality who is believed to be in
violation of an immigration law of the United States. Such
information should be provided regardless of the reason for the
apprehension or arrest of the alien.
(2) Time limitation.--Not later than 10 days after an alien
described in paragraph (1) is apprehended, information
requested to be provided under paragraph (1) should be provided
in such form and in such manner as the Secretary of Homeland
Security may, by regulation or guideline, require.
(c) Information Required.--The information listed in this
subsection is as follows:
(1) The name of the alien.
(2) The address or place of residence of the alien.
(3) A physical description of the alien.
(4) The date, time, and location of the encounter with the
alien and reason for stopping, detaining, apprehending, or
arresting the alien.
(5) If applicable, the driver's license number issued to
the alien and the State of issuance of such license.
(6) If applicable, 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.
(7) If applicable, the license plate number, make, and
model of any automobile registered to, or driven by, the alien.
(8) A photo of the alien, if available or readily
obtainable.
(9) The fingerprints of the alien, if available or readily
obtainable, including a full set of 10 rolled fingerprints if
available or readily obtainable.
(d) Reimbursement.--The Secretary of Homeland Security shall
reimburse States and localities for all reasonable costs, as determined
by the Secretary of Homeland Security, incurred by that State or
locality as a result of providing information required by this section.
(e) 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'' 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 (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.''.
(f) Authorization of Appropriations.--There is authorized to be
appropriated such sums as are necessary to provide the reimbursements
required by subsection (d).
SEC. 223. 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 Under Secretary for Border and
Transportation Security of the Department of Homeland Security
shall provide the National Crime Information Center of the
Department of Justice with such information as the Director may
have 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 whose visa has been revoked.
(2) Requirement to provide and use information.--The
information described in paragraph (1) shall be provided to the
National Crime Information Center, and the Center shall enter
the information into the Immigration Violators File of the
National Crime Information Center database as long as a name
and date of birth are available for the individual, regardless
of whether the alien received notice of a final order of
removal or the alien has already been removed.
(3) Removal of information.--Should an individual be
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:
``(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 that term
appears and inserting ``Secretary of Homeland Security''; and
(2) in subsection (a)(2)(A), by striking ``120'' and
inserting ``30''.
SEC. 224. 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 additional detention facilities in the
United States.
(2) Determination of location.--The location of any
detention facility built or acquired in accordance with this
subsection shall be determined by the Deputy Assistant Director
of the Office of Detention and Removal Operations within the
Bureau of Immigration and Customs Enforcement.
(3) Use of installations under base closure laws.--In
acquiring detention facilities under this subsection, the
Secretary of Homeland Security shall, to the maximum extent
practical, request 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) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.
SEC. 225. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR
LOCAL LAW ENFORCEMENT.
Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et
seq.) is amended by adding after section 240C the following:
``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) 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
``(B) 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 all reasonable expenses, as determined 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 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; added to
``(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.
``(c) Requirement for Appropriate Security.--The Secretary of
Homeland Security shall ensure that illegal aliens incarcerated in
Federal facilities pursuant to this subsection are held in facilities
which provide an appropriate level of security.
``(d) Requirement for Schedule.--
``(1) In general.--In carrying out this section, the
Secretary of Homeland Security shall establish a regular
circuit and schedule for the prompt transfer of apprehended
illegal aliens from the custody of States and political
subdivisions of States to Federal custody.
``(2) Authority for contracts.--The Secretary of Homeland
Security may enter into contracts with appropriate State and
local law enforcement and detention officials to implement this
subsection.
``(e) 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.''.
SEC. 226. 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 in 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 that agency, whose action the claim
involves, committed a violation of Federal, State, or local criminal
law in the course of enforcing such immigration law
SEC. 227. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Transfer of Program.--
(1) In general.--Section 501 of the Immigration Reform and
Control Act of 1986 (8 U.S.C. 1365) is amended by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''.
(2) Contracts.--Section 241(i) of the Immigration and
Nationality Act (8 U.S.C. 1231(i)) is amended by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''.
(b) Reimbursement for Costs Associated With Processing Criminal
Illegal Aliens.--The Secretary of Homeland Security shall reimburse
States and units of local government for costs associated with
processing illegal aliens through the criminal justice system,
including--
(1) indigent defense;
(2) criminal prosecution;
(3) autopsies;
(4) translators and interpreters; and
(5) courts costs.
(c) Authorization of Appropriations.--
(1) Reimbursement for incarceration costs.--Section
241(i)(5) of the Immigration and Nationality Act (8 U.S.C.
1231(i)(5)) is amended to read as follows:
``(5) There are authorized to be appropriated to carry out
this subsection--
``(A) $750,000,000 for fiscal year 2006;
``(B) $850,000,000 for fiscal year 2007; and
``(C) $950,000,000 for each of the fiscal years
2008 through 2010.''.
(2) Reimbursement for other costs.--There are authorized to
be appropriated $400,000,000 for each of fiscal years 2006
through 2010 to carry out subsection (b).
SEC. 228. CONSTRUCTION.
Nothing in this subtitle may be construed to require law
enforcement personnel of a State or political subdivision of a State
to--
(1) report the identity of a victim of, or a witness to, a
criminal offense to the Secretary of Homeland Security for
immigration enforcement purposes;
(2) arrest such victim or witness for a violation of the
immigration laws of the United States; or
(3) enforce the immigration laws of the United States.
SEC. 229. STATE DEFINED.
In this subtitle, the term ``State'' has the meaning given that
term in section 101(a)(36) of the Immigration and Nationality Act (8
U.S.C. 1101 (a)(36)).
TITLE III--WORKSITE ENFORCEMENT AND EMPLOYMENT VERIFICATION SYSTEM
Subtitle A--Increased Enforcement Resources and Penalties
SEC. 301. 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, 2005.
(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, 2005.
(c) Authorization of Appropriations.--There are authorized to be
appropriated during each of fiscal years 2006 through 2010 such sums as
may be necessary to carry out this section.
SEC. 302. PENALTIES FOR UNAUTHORIZED EMPLOYMENT AND FALSE CLAIMS OF
CITIZENSHIP.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) in subsection (b)(2)--
(A) by striking ``The individual'' and inserting
the following:
``(A) In general.--The individual''; and
(B) by adding at the end the following:
``(B) Penalties.--Any individual who falsely
represents that the individual is a citizen for
purposes of obtaining employment shall, for each such
violation, be subject to a fine of not more than $5,000
and a term of imprisonment not to exceed 3 years.'';
(2) in subsection (e)--
(A) in paragraph (4)(A)--
(i) in clause (i), by striking ``$250 and
not more than $2,000'' and inserting ``$500 and
not more than $4,000'';
(ii) in clause (ii), by striking ``$2,000
and not more than $5,000'' and inserting
``$4,000 and not more than $10,000''; and
(iii) in clause (iii), by striking ``$3,000
and not more than $10,000'' and inserting
``$6,000 and not more than $20,000''; and
(B) in paragraph (5), by striking ``$100 and not
more than $1,000'' and inserting ``$200 and not more
than $2,000''; and
(3) in subsection (f), by striking ``$3,000'' and inserting
``$6,000''.
SEC. 303. 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; or
``(10) willfully acts or fails to act so as to cause a
violation of section 205(c)(2)(C)(xii); or
``(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--Increased Document Integrity
SEC. 311. SOCIAL SECURITY CARDS.
(a) Machine-Readable, Tamper-Resistant Cards.--
(1) Issuance.--
(A) Preliminary work.--Not later than 3 months
after the date of enactment of this Act, the
Commissioner of Social Security shall begin work to
administer and issue machine-readable, tamper-resistant
Social Security cards.
(B) Completion.--Not later than 1 year after the
date of enactment of this Act, the Social Security
Administration shall only issue machine-readable,
tamper-resistant Social Security cards.
(2) Amendment.--Section 205(c)(2)(G) of the Social Security
Act (42 U.S.C. 405(c)(2)(G)) is amended--
(A) by inserting ``(i)'' after ``(G)''; and
(B) by striking ``The social security card shall
be'' and inserting the following:
``(ii) The social security card shall be machine-readable, tamper-
resistant,''.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection and the amendments made by this subsection.
(b) Multiple Cards.--
(1) In general.--Section 205(c)(2)(G) of such Act is
further amended by adding at the end the following:
``(iii) The Commissioner of Social Security
shall not issue a replacement Social Security
card to any individual unless the Social
Security Administration determines that the
purpose for requiring the issuance of the
replacement document is legitimate.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect 1 year after the date of enactment of this
Act.
(c) Report on Incorporation of Biometric Identifiers.--Not later
than 6 months after the date of enactment of this Act, the Commissioner
of Social Security, in cooperation with the Secretary of Homeland
Security, shall submit a report to Congress on the viability of
biometric authentication through employment authorization documents.
(d) Effective Date.--The amendments made by this subsections (a)
and (b) shall take effect 1 year after the date of enactment of this
Act.
SEC. 312. 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 is meeting 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 may
determine 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 those 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:
``(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 apply with respect to applications filed more than 180
days after the date of 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 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 6 months after the date of enactment of
this Act, submit a report to Congress on 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 1 year after the date of enactment of
this Act--
(A) establish a process with the Department 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 Department 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 3 years after the date of 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 shall lead the
implementation of electronic verification of a person's birth
and death.
(2) Regulations.--In carrying out subsection (a), the
Secretary shall issue 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 Nation
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 their database that matches the paper birth
certificate will be returned to the user, along with an
indication if the matching birth record has been flagged
``deceased''. The regulations shall take effect not later than
5 years after the date of enactment of this Act.
(g) Grants to States and Local Governments.--
(1) In general.--The Secretary may make grants to a State
or a local government to assist the State in conforming to the
minimum standards set forth in this chapter.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2006 through 2010 such sums as may be necessary to carry
out this chapter.
(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
subparagraph (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 (5 U.S.C. 301 note) is repealed.
Subtitle C--Mandatory Electronic Employment Verification of All Workers
in the United States
SEC. 321. EMPLOYMENT ELIGIBILITY VERIFICATION PROGRAM.
(a) Renaming of Basic Pilot Program.--Subtitle A of title IV of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is amended--
(1) in section 401(c)(1), ``basic pilot program'' and
inserting ``Employment Eligibility Verification System''; and
(2) in section 403(a), by striking ``(a)'' and all that
follows through ``agrees to conform'' and insert the following:
``(a) Employment Eligibility Verification System.--A person or
other entity that elects to participate in the Employment Eligibility
Verification System shall agree to conform''.
(b) Confidentiality.--
(1) Access to database.--No officer or employee of any
agency or department of the United States, other than
individuals responsible for the enforcement of immigration laws
or for the evaluation of the employment verification program at
the Social Security Administration, the Department of Homeland
Security, and the Department of Labor, may have access to any
information contained in the Database.
(2) Protection from unauthorized disclosure.--Information
in the Database shall be adequately protected against
unauthorized disclosure for other purposes, as provided in
regulations established by the Commissioner of Social Security,
in consultation with the Secretary of Homeland Security and the
Secretary of Labor.
(c) Improvements to Database Integrity.--
(1) In general.--The Commissioner of Social Security shall
identify the sources of false, incorrect, or expired Social
Security numbers and take steps to eliminate such numbers from
the Social Security system
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Commissioner of Social Security
shall submit a report to Congress that identifies--
(A) the sources of false, incorrect, or expired
Social Security numbers;
(B) the steps taken by the Social Security
Administration to identify and eliminate the numbers
described in paragraph (1); and
(C) how the Social Security Administration plans to
complete the removal the numbers described in paragraph
(1) from the Social Security system within 1 year after
the date on which the report is submitted.
(d) Mandatory Participation.--
(1) In general.--Beginning not later than 12 months after
the date of the enactment of this Act, any person or other
entity that hires any individual for employment in the United
States shall participate in the Employment Eligibility
Verification System.
(2) Sanctions for noncompliance; continuation of current
compliance authority.--The provisions of paragraph (2) of
section 402(e) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) shall apply
with respect to a person or entity required to participate in
the Employment Eligibility Verification System in the same
manner as such paragraph applies to a person or entity
otherwise required to participate under such subsection.
(3) Voluntary participation of employers not subject to
requirement.--Nothing in this subsection shall be construed as
preventing a person or other entity that is not subject to the
requirement of paragraph (1) from voluntarily participating in
the Employment Eligibility Verification System.
(e) Electronic Filing.--Any employer participating in the
Employment Eligibility Verification System may complete and allow for
new hires to complete employment verification documents electronically.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be required to carry out the Employment
Eligibility Verification System throughout the United States and for
every employer.
Subtitle D--Reduction in Employer Burdens
SEC. 331. REDUCTION IN DOCUMENTS THAT ESTABLISH IDENTITY AND EMPLOYMENT
AUTHORIZATION.
(a) In General.--Section 274A(b)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324a(b)(1)) is amended--
(1) by amending subparagraph (C) to read as follows:
``(C) Documents evidencing employment
authorization.--The only document that may be presented
to establish employment authorization under this
section is a Social Security card that complies with
section 311(a).''.
(2) by amending subparagraph (D) to read as follows:
``(D) Documents establishing identity of an
individual.--A document described in this subparagraph
is--
``(i) an identification document issued by
the United States Government that contains a
biometric identifier; or
``(ii) a driver's license or identification
document issued by a State that complies with
section 202 of the REAL ID Act of 2005
(Division B of Public Law 109-13).''.
(b) Effective Date.--The amendments made by this section shall take
effect on May 11, 2008.
SEC. 332. GOOD FAITH COMPLIANCE.
An employer that complies with the requirements under subtitle C
has established an affirmative defense that the employer has not
violated the employment verification requirements under section 274A of
the Immigration and Nationality Act (8 U.S.C. 1324a).
TITLE IV--REQUIREMENTS FOR PARTICIPATING COUNTRIES
SEC. 401. REQUIREMENTS FOR PARTICIPATING COUNTRIES.
(a) In General.--An alien is not eligible for status as a
nonimmigrant under section 101(a)(15)(W) of the Immigration and
Nationality Act, as added by section 501 of this Act, or deferred
mandatory departure status under section 218B of the Immigration and
Nationality Act, as added by section 601 of this Act, unless the home
country of the alien has entered into a bilateral agreement with the
United States that conforms to the requirements under subsection (b).
(b) Requirements of Bilateral Agreements.--Each agreement under
subsection (a) shall require the home country to--
(1) accept, within 3 days, the return of nationals who are
ordered removed from the United States;
(2) cooperate with the United States Government in--
(A) identifying, tracking, and reducing gang
membership, violence, and human trafficking and
smuggling; and
(B) controlling illegal immigration;
(3) provide the United States Government with--
(A) passport information and criminal records of
aliens who are seeking admission to or are present in
the United States; and
(B) admission and entry data to facilitate United
States entry-exit data systems;
(4) take steps to educate nationals of the home country
regarding the program under title V or VI to ensure that such
nationals are not exploited; and
(5) provide a minimum level of health coverage to its
participants.
(c) Rulemaking.--
(1) In general.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Health and Human
Services shall, by regulation, define the minimum level of
health coverage to be provided by participating countries.
(2) Responsibility to obtain coverage.--If the health
coverage provided by the home country falls below the minimum
level defined pursuant to paragraph (1), the employer of the
alien shall provide or the alien shall obtain coverage that
meets such minimum level.
(d) Housing.--Participating countries shall agree to evaluate means
to provide housing incentives in the alien's home country for returning
workers.
TITLE V--NONIMMIGRANT TEMPORARY WORKER PROGRAM
SEC. 501. NONIMMIGRANT TEMPORARY WORKER CATEGORY.
(a) New Temporary Worker Category.--Section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) is amended by
adding at the end the following:
``(W) an alien having a residence in a foreign
country which the alien has no intention of abandoning
who is coming temporarily to the United States to
perform temporary labor or service, other than that
which would qualify an alien for status under sections
101(a)(15)(H)(i), 101(a)(15)(H)(ii)(a), 101(a)(15)(L),
101(a)(15)(O), 101(a)(15)(P), and who meets the
requirements of section 218A; or''.
(b) Repeal of H-2b Category.--Section 101(a)(15)(H)(ii) is amended
by striking ``, or (b) having a residence in a foreign country which he
has no intention of abandoning who is coming temporarily to the United
States to perform other temporary service or labor if unemployed
persons capable of performing such service or labor cannot be found in
this country, but this clause shall not apply to graduates of medical
schools coming to the United States to perform services as members of
the medical profession''.
(c) Technical Amendments.--Section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (U)(iii), by striking ``or'' at the
end; and
(2) in subparagraph (V)(ii)(II), by striking the period at
the end and inserting a semicolon and ``or''.
SEC. 502. TEMPORARY WORKER PROGRAM.
(a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended by inserting after section 218 the following new
section:
``SEC. 218A. TEMPORARY WORKER PROGRAM.
``(a) In General.--The Secretary of State may grant a temporary
visa to a nonimmigrant described in section 101(a)(15)(W) who
demonstrates an intent to perform labor or services in the United
States (other than those occupational classifications covered under the
provisions of clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or
subparagraph (L), (O), (P), or (R)) of section 101(a)(15)).
``(b) Requirements for Admission.--In order to be eligible for
nonimmigrant status under section 101(a)(15)(H)(W), an alien shall meet
the following requirements:
``(1) Eligibility to work.--The alien shall establish that
the alien is capable of performing the labor or services
required for an occupation under section 101(a)(15)(W).
``(2) Evidence of employment.--The alien must establish
that he has a job offer from an employer authorized to hire
aliens under the Alien Employment Management Program.
``(3) Fee.--The alien shall pay a $500 visa issuance fee in
addition to the cost of processing and adjudicating such
application. Nothing in this paragraph shall be construed to
affect consular procedures for charging reciprocal fees.
``(4) Medical examination.--The alien shall undergo a
medical examination (including a determination of immunization
status) at the alien's expense, that conforms to generally
accepted standards of medical practice.
``(5) Application content and waiver.--
``(A) Application form.--The Secretary of Homeland
Security shall create an application form that an alien
shall be required to complete as a condition of being
admitted as a nonimmigrant under section 101(a)(15)(W).
``(B) Content.--In addition to any other
information that the Secretary determines is required
to determine an alien's eligibility for admission as a
nonimmigrant under section 101(a)(15)(W), the Secretary
shall require an alien to provide information
concerning the alien's physical and mental health,
criminal history and gang membership, immigration
history, involvement with groups or individuals that
have engaged in terrorism, genocide, persecution, or
who seek the overthrow of the United States Government,
voter registration history, claims to United States
citizenship, and tax history.
``(C) Waiver.--The Secretary of Homeland Security
may require an alien to include with the application a
waiver of rights that explains to the alien that, in
exchange for the discretionary benefit of admission as
a nonimmigrant under section 101(a)(15)(W), the alien
agrees to waive any right--
``(i) to administrative or judicial review
or appeal of an immigration officer's
determination as to the alien's admissibility;
or
``(ii) to contest any removal action, other
than on the basis of an application for asylum
pursuant to the provisions contained in section
208 or 241(b)(3), or under the Convention
Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done at New
York December 10, 1984, if such removal action
is initiated after the termination of the
alien's period of authorized admission as a
nonimmigrant under section 101(a)(15)(W).
``(D) Knowledge.--The Secretary of Homeland
Security shall require an alien to include with the
application a signed certification in which the alien
certifies that the alien has read and understood all of
the questions and statements on the application form,
and that the alien certifies under penalty of perjury
under the laws of the United States that the
application, and any evidence submitted with it, are
all true and correct, and that the applicant authorizes
the release of any information contained in the
application and any attached evidence for law
enforcement purposes.
``(c) Grounds of Inadmissibility.--
``(1) In general.--In determining an alien's admissibility
as a nonimmigrant under section 101(a)(15)(W)--
``(A) paragraphs (5), (6)(A), (7), and (9)(B) or
(C) of section 212(a) may be waived for conduct that
occurred on a date prior to the effective date of this
Act; and
``(B) the Secretary of Homeland Security may not
waive--
``(i) subparagraph (A), (B), (C), (E), (G),
(H), or (I) of section 212(a)(2) (relating to
criminals);
``(ii) section 212(a)(3) (relating to
security and related grounds); or
``(iii) subparagraphs (A), (C) or (D) of
section 212(a)(10) (relating to polygamists,
child abductors and illegal voters);
``(C) for conduct that occurred prior to the date
this Act was introduced in Congress, the Secretary of
Homeland Security may waive the application of any
provision of section 212(a) not listed in subparagraph
(B) on behalf of an individual alien for humanitarian
purposes, to ensure family unity, or when such waiver
is otherwise in the public interest; and
``(D) nothing in this paragraph shall be construed
as affecting the authority of the Secretary of Homeland
Security to waive the provisions of section 212(a).
``(2) Waiver fee.--An alien who is granted a waiver under
subparagraph (1) shall pay a $500 fee upon approval of the
alien's visa application.
``(3) Renewal of authorized admission and subsequent
admissions.--An alien seeking renewal of authorized admission
or subsequent admission as a nonimmigrant under section
101(a)(15)(W) shall establish that the alien is not
inadmissible under section 212(a).
``(d) Background Checks and Interview.--The Secretary of Homeland
Security shall not admit, and the Secretary of State shall not issue a
visa to, an alien seeking admission under section 101(a)(15)(W) until
all appropriate background checks have been completed. The Secretary of
State shall ensure that an employee of the Department of State conducts
a personal interview of an applicant for a visa under section
101(a)(15)(W).
``(e) Ineligible to Change Nonimmigrant Classification.--An alien
admitted under section 101(a)(15)(W) is ineligible to change status
under section 248.
``(f) Duration.--
``(1) General.--The period of authorized admission as a
nonimmigrant under 101(a)(15)(W) shall be 2 years, and may not
be extended. An alien is ineligible to reenter as an alien
under 101(a)(15)(W) until the alien has resided continuously in
the alien's home country for a period of 1 year. The total
period of admission as a nonimmigrant under section
101(a)(15)(W) may not exceed 6 years.
``(2) Seasonal workers.--An alien who spends less than 6
months a year as a nonimmigrant described in section
101(a)(15)(W) is not subject to the time limitations under
subparagraph (1).
``(3) Commuters.--An alien who resides outside the United
States, but who commutes to the United States to work as a
nonimmigrant described in section 101(a)(15)(W), is not subject
to the time limitations under paragraph (1).
``(4) Deferred mandatory departure.--An alien granted
Deferred Mandatory Departure status, who remains in the United
States under such status for--
``(A) a period of 2 years, may not be granted
status as a nonimmigrant under section 101(a)(15)(W)
for more than a total of 5 years;
``(B) a period of 3 years, may not be granted
status as a nonimmigrant under section 101(a)(15)(W)
for more than a total of 4 years;
``(C) a period of 4 years, may not be granted
status as a nonimmigrant under section 101(a)(15)(W)
for more than a total of 3 years; or
``(D) a period of 5 years, may not be granted
status as a nonimmigrant under section 101(a)(15)(W)
for more than a total of 2 years.
``(g) Intent to Return Home.--In addition to other requirements in
this section, an alien is not eligible for nonimmigrant status under
section 101(a)(15)(W) unless the alien--
``(1) maintains a residence in a foreign country which the
alien has no intention of abandoning; and
``(2) is present in such foreign country for at least 7
consecutive days during each year that the alien is a temporary
worker.
``(h) Biometric Documentation.--Evidence of status under section
101(a)(15)(W) shall be machine-readable, tamper-resistant, and allow
for biometric authentication. The Secretary of Homeland Security is
authorized to incorporate integrated-circuit technology into the
document. The Secretary of Homeland Security shall consult with the
Forensic Document Laboratory in designing the document. The document
may serve as a travel, entry, and work authorization document during
the period of its validity.
``(i) Penalty for Failure to Depart.--An alien who fails to depart
the United States prior to 10 days after the date that the alien's
authorized period of admission as a temporary worker ends 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 section
208 or 241(b)(3) or the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at New York December
10, 1984, 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.
``(j) Penalty for Illegal Entry or Overstay.--An alien who, after
the effective date of enactment of the Comprehensive Enforcement and
Immigration Reform Act of 2005, enters the United States without
inspection, or violates a term or condition of admission into the
United States as a nonimmigrant, including overstaying the period of
authorized admission, shall be ineligible for nonimmigrant status under
section 101(a)(15)(W) or Deferred Mandatory Departure status under
section 218B for a period of 10 years.
``(k) Establishment of Temporary Worker Task Force.--
``(1) In general.--There is established a task force to be
known as the Temporary Worker Task Force (referred to in this
section as the `Task Force').
``(2) Purposes.--The purposes of the Task Force are--
``(A) to study the impact of the admission of
aliens under section 101(a)(15)(W) on the wages,
working conditions, and employment of United States
workers; and
``(B) to make recommendations to the Secretary of
Labor regarding the need for an annual numerical
limitation on the number of aliens that may be admitted
in any fiscal year under section 101(a)(15)(W).
``(3) Membership.--The Task Force shall be composed of 10
members, of whom--
``(A) 1 shall be appointed by the President and
shall serve as chairman of the Task Force;
``(B) 1 shall be appointed by the leader of the
minority party in the Senate, in consultation with the
leader of the minority party in the House of
Representatives, and shall serve as vice chairman of
the Task Force;
``(C) 2 shall be appointed by the majority leader
of the Senate;
``(D) 2 shall be appointed by the minority leader
of the Senate;
``(E) 2 shall be appointed by the Speaker of the
House of Representatives; and
``(F) 2 shall be appointed by the minority leader
of the House of Representatives.
``(4) Qualifications.--
``(A) In general.--Members of the Task Force shall
be--
``(i) individuals with expertise in
economics, demography, labor, business, or
immigration or other pertinent qualifications
or experience; and
``(ii) representative of a broad cross-
section of perspectives within the United
States, including the public and private
sectors and academia.
``(B) Political affiliation.--Not more than 5
members of the Task Force may be members of the same
political party.
``(C) Nongovernmental appointees.--An individual
appointed to the Task Force may not be an officer or
employee of the Federal Government or of any State or
local government.
``(5) Deadline for appointment.--All members of the Task
Force shall be appointed not later than 6 months after the date
of enactment of the Comprehensive Enforcement and Immigration
Reform Act of 2005.
``(6) Vacancies.--Any vacancy in the Task Force shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
``(7) Meetings.--
``(A) Initial meeting.--The Task Force shall meet
and begin the operations of the Task Force as soon as
practicable.
``(B) Subsequent meetings.--After its initial
meeting, the Task Force shall meet upon the call of the
chairman or a majority of its members.
``(8) Quorum.--Six members of the Task Force shall
constitute a quorum.
``(9) Report.--Not later than 18 months after the date of
enactment of the Comprehensive Enforcement and Immigration
Reform Act of 2005, the Task Force shall submit to Congress,
the Secretary of Labor, and the Secretary of Homeland Security
a report that contains--
``(A) findings with respect to the duties of the
Task Force;
``(B) recommendations for imposing a numerical
limit.
``(10) Determination.--Not later than 6 months after the
submission of the report, the Secretary of Labor may impose a
numerical limitation on the number of aliens that may be
admitted under section 101(a)(15)(W). Any numerical limit shall
not become effective until 6 months after the Secretary of
Labor submits a report to Congress regarding the imposition of
a numerical limit.
``(l) Family Members.--
``(1) Family members of w nonimmigrants.--
``(A) In general.--The spouse or child of an alien
admitted as a nonimmigrant under section 101(a)(15)(W)
may be admitted to the United States--
``(i) as a nonimmigrant under section
101(a)(15)(B) for a period of not more than 30
days, which may not be extended unless the
Secretary of Homeland Security, in his sole and
unreviewable discretion, determines that
exceptional circumstances exist; or
``(ii) under any other provision of this
Act, if such family member is otherwise
eligible for such admission.
``(B) Application fee.--
``(i) In general.--The spouse or child of
an alien admitted as a nonimmigrant under
section 101(a)(15)(W) who is seeking to be
admitted as a nonimmigrant under section
101(a)(15)(B) shall submit, in addition to any
other fee authorized by law, an additional fee
of $100.
``(ii) Use of fee.--The fees collected
under clause (i) shall be available for use by
the Secretary of Homeland Security for
activities to identify, locate, or remove
illegal aliens.
``(m) Travel Outside the United States.--
``(1) In general.--Under regulations established by the
Secretary of Homeland Security, a nonimmigrant alien under
section 101(a)(15)(W)--
``(A) may travel outside of the United States; and
``(B) may be readmitted without having to obtain a
new visa if the period of authorized admission has not
expired.
``(2) Effect on period of authorized admission.--Time spent
outside the United States under paragraph (1) shall not extend
the period of authorized admission in the United States.
``(n) Employment.--
``(1) Portability.--An alien may be employed by any United
States employer authorized by the Secretary of Homeland
Security to hire aliens admitted under section 218C.
``(2) Continuous employment.--An alien must be employed
while in the United States. An alien who fails to be employed
for 30 days is ineligible for hire until the alien departs the
United States and reenters as a nonimmigrant under section
101(a)(15)(W). The Secretary of Homeland Security may, in its
sole and unreviewable discretion, reauthorize an alien for
employment, without requiring the alien's departure from the
United States.
``(o) Enumeration of Social Security Number.--The Secretary of
Homeland Security, in coordination with the Commissioner of Social
Security, shall implement a system to allow for the enumeration of a
Social Security number and production of a Social Security card at time
of admission of an alien under section 101(a)(15)(W).
``(p) Denial of Discretionary Relief.--The determination of whether
an alien is eligible for a grant of nonimmigrant status under section
101(a)(15)(W) is solely within the discretion of the Secretary of
Homeland Security. Notwithstanding any other provision of law, no court
shall have jurisdiction to review--
``(1) any judgment regarding the granting of relief under
this section; or
``(2) any other decision or action of the Secretary of
Homeland Security the authority for which is specified under
this section to be in the discretion of the Secretary, other
than the granting of relief under section 1158(a).
``(q) Judicial Review.--
``(1) Limitations on relief.--Without regard to the nature
of the action or claim and without regard to the identity of
the party or parties bringing the action, no court may--
``(A) enter declaratory, injunctive, or other
equitable relief in any action pertaining to--
``(i) an order or notice denying an alien a
grant of nonimmigrant status under section
101(a)(15)(W) or any other benefit arising from
such status; or
``(ii) an order of removal, exclusion, or
deportation entered against an alien if such
order is entered after the termination of the
alien's period of authorized admission as a
nonimmigrant under section 101(a)(15)(W); or
``(B) certify a class under Rule 23 of the Federal
Rules of Civil Procedure in any action for which
judicial review is authorized under a subsequent
paragraph of this subsection.
``(2) Challenges to validity.--
``(A) In general.--Any right or benefit not
otherwise waived or limited pursuant this section is
available in an action instituted in the United States
District Court for the District of Columbia, but shall
be limited to determinations of--
``(i) whether such section, or any
regulation issued to implement such section,
violates the Constitution of the United States;
or
``(ii) whether such a regulation, or a
written policy directive, written policy
guideline, or written procedure issued by or
under the authority the Secretary of Homeland
Security to implement such section, is not
consistent with applicable provisions of this
section or is otherwise in violation of law.''.
(b) Prohibition on Change in Nonimmigrant Classification.--Section
248(1) of the Immigration and Nationality Act (8 U.S.C. 1258(1)) is
amended by striking ``or (S)'' and inserting ``(S), or (W)''.
SEC. 503. STATUTORY CONSTRUCTION.
Nothing in this title, or any amendment made by this title, shall
be construed to create any substantive or procedural right or benefit
that is legally enforceable by any party against the United States or
its agencies or officers or any other person.
SEC. 504. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $500,000,000 for
facilities, personnel (including consular officers), training,
technology and processing necessary to carry out the amendments made by
this title.
TITLE VI--MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS
SEC. 601. MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS.
(a) In General.--The Immigration and Nationality Act (8 U.S.C. 1101
et seq.) is amended by inserting after section 218A, as added by
section 502, the following new section:
``SEC. 218B. MANDATORY DEPARTURE AND REENTRY.
``(a) In General.--The Secretary of Homeland Security may grant
Deferred Mandatory Departure status to aliens who are in the United
States illegally to allow such aliens time to depart the United States
and to seek admission as a nonimmigrant or immigrant alien.
``(b) Requirements.--
``(1) Presence.--An alien must establish that the alien was
physically present in the United States 1 year prior to the
date of the introduction of the Comprehensive Enforcement and
Immigration Reform Act of 2005 in Congress and has been
continuously in the United States since such date, and was not
legally present in the United States under any classification
set forth in section 101(a)(15) on that date.
``(2) Employment.--An alien must establish that the alien
was employed in the United States prior to the date of the
introduction of the Comprehensive Enforcement and Immigration
Reform Act of 2005, and has been employed in the United States
since that date.
``(3) Admissibility.--
``(A) In general.--The alien must establish that
he--
``(i) is admissible to the united states,
except as provided as in (B); and
``(ii) has not assisted in the persecution
of any person or persons on account of race,
religion, nationality, membership in a
particular social group, or political opinion.
``(B) Grounds not applicable.--The provisions of
paragraphs (5), (6)(A), and (7) of section 212(a) shall
not apply.
``(C) Waiver.--The Secretary of Homeland Security
may waive any other provision of section 212(a), or a
ground of ineligibility under paragraph (4), in the
case of individual aliens for humanitarian purposes, to
assure family unity, or when it is otherwise in the
public interest.
``(4) Ineligible.--An alien is ineligible for Deferred
Mandatory Departure status if the alien--
``(A) is subject to a final order or removal under
section 240;
``(B) failed to depart the United States during the
period of a voluntary departure order under section
240B;
``(C) has been issued a Notice to Appear under
section 239, unless the sole acts of conduct alleged to
be in violation of the law are that the alien is
removable under section 237(a)(1)(C) or is inadmissible
under section 212(a)(6)(A);
``(D) is a resident of a country for which the
Secretary of State has made a determination that the
government of such country has repeatedly provided
support for acts of international terrorism under
section 6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)) or under section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371); or
``(E) fails to comply with any request for
information by the Secretary of Homeland Security.
``(5) Medical examination.--The alien may be required, at
the alien's expense, to undergo such a medical examination
(including a determination of immunization status) as is
appropriate and conforms to generally accepted professional
standards of medical practice.
``(6) Termination.--The Secretary of Homeland Security may
terminate an alien's Deferred Mandatory Departure status--
``(A) if the Secretary of Homeland Security
determines that the alien was not in fact eligible for
such status; or
``(B) if the alien commits an act that makes the
alien removable from the United States.
``(7) Application content and waiver.--
``(A) Application form.--The Secretary of Homeland
Security shall create an application form that an alien
shall be required to complete as a condition of
obtaining Deferred Mandatory Departure status.
``(B) Content.--In addition to any other
information that the Secretary determines is required
to determine an alien's eligibility for Deferred
Mandatory Departure, the Secretary shall require an
alien to answer questions concerning the alien's
physical and mental health, criminal history and gang
membership, immigration history, involvement with
groups or individuals that have engaged in terrorism,
genocide, persecution, or who seek the overthrow of the
United States government, voter registration history,
claims to United States citizenship, and tax history.
``(C) Waiver.--The Secretary of Homeland Security
shall require an alien to include with the application
a waiver of rights that explains to the alien that, in
exchange for the discretionary benefit of obtaining
Deferred Mandatory Departure status, the alien agrees
to waive any right to administrative or judicial review
or appeal of an immigration officer's determination as
to the alien's eligibility, or to contest any removal
action, other than on the basis of an application for
asylum pursuant to the provisions contained in section
208 or 241(b)(3), or under the Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, done at New York December 10, 1984.
``(D) Knowledge.--The Secretary of Homeland
Security shall require an alien to include with the
application a signed certification in which the alien
certifies that the alien has read and understood all of
the questions and statements on the application form,
and that the alien certifies under penalty of perjury
under the laws of the United States that the
application, and any evidence submitted with it, are
all true and correct, and that the applicant authorizes
the release of any information contained in the
application and any attached evidence for law
enforcement purposes.
``(c) Implementation and Application Time Periods.--
``(1) In general.--The Secretary of Homeland Security shall
ensure that the application process is secure and incorporates
anti-fraud protection. The Secretary of Homeland Security shall
interview an alien to determine eligibility for Deferred
Mandatory Departure status and shall utilize biometric
authentication at time of document issuance.
``(2) Initial receipt of applications.--The Secretary of
Homeland Security shall begin accepting applications for
Deferred Mandatory Departure status not later than 3 months
after the date of enactment of the Comprehensive Enforcement
and Immigration Reform Act of 2005.
``(3) Application.--An alien must submit an initial
application for Deferred Mandatory Departure status not later
than 6 months after the date of enactment of the Comprehensive
Enforcement and Immigration Reform Act of 2005. An alien that
fails to comply with this requirement is ineligible for
Deferred Mandatory Departure status.
``(4) Completion of processing.--The Secretary of Homeland
Security shall ensure that all applications for Deferred
Mandatory Departure status are processed not later than 12
months after the date of enactment of the Comprehensive
Enforcement and Immigration Reform Act of 2005.
``(d) Security and Law Enforcement Background Checks.--An alien may
not be granted Deferred Mandatory Departure status unless the alien
submits biometric data in accordance with procedures established by the
Secretary of Homeland Security. The Secretary of Homeland Security may
not grant Deferred Mandatory Departure status until all appropriate
background checks are completed to the satisfaction of the Secretary of
Homeland Security.
``(e) Acknowledgment.--An alien who applies for Deferred Mandatory
Departure status shall submit to the Secretary of Homeland Security--
``(1) an acknowledgment made in writing and under oath that
the alien--
``(A) is unlawfully present in the United States
and subject to removal or deportation, as appropriate,
under this Act; and
``(B) understands the terms of the terms of
Deferred Mandatory Departure;
``(2) any Social Security account number or card in the
possession of the alien or relied upon by the alien;
``(3) any false or fraudulent documents in the alien's
possession.
``(f) Mandatory Departure.--
``(1) In general.--The Secretary of Homeland Security may,
in the Secretary's sole and unreviewable discretion, grant an
alien Deferred Mandatory Departure status for a period not to
exceed 5 years.
``(2) Registration at time of departure.--An alien granted
Deferred Mandatory Departure must depart prior to the
expiration of the period of Deferred Mandatory Departure
status. The alien must register with the Secretary of Homeland
Security at time of departure and surrender any evidence of
Deferred Mandatory Departure status at time of departure.
``(3) Return in legal status.--An alien who complies with
the terms of Deferred Mandatory Departure status and who
departs prior to the expiration of such status shall not be
subject to section 212(a)(9)(B) and, if otherwise eligible, may
immediately seek admission as a nonimmigrant or immigrant.
``(4) Failure to depart.--An alien who fails to depart the
United States prior to the expiration of Mandatory Deferred
Departure status is not eligible and may not apply for or
receive any immigration relief or benefit under this Act or any
other law for a period of 10 years, with the exception of
section 208 or 241(b)(3) or the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, done
at New York December 10, 1984, 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.
``(5) Penalties for delayed departure.--An alien who fails
to depart immediately shall be subject to the following fees:
``(A) No fine if the alien departs within the first
year after the grant of Deferred Mandatory Departure.
``(B) $2,000 if the alien does not depart within
the second year after the grant of Deferred Mandatory
Departure.
``(C) $3,000 if the alien does not depart within
the third year following the grant of Deferred
Mandatory Departure.
``(D) $4,000 if the alien does not depart within
the fourth year following the grant of Deferred
Mandatory Departure.
``(E) $5,000 if the alien does not depart during
the fifth year following the grant of Deferred
Mandatory Departure.
``(g) Evidence of Deferred Mandatory Departure Status.--Evidence of
Deferred Mandatory Departure status shall be machine-readable, tamper-
resistant, and allow for biometric authentication. The Secretary of
Homeland Security is authorized to incorporate integrated-circuit
technology into the document. The Secretary of Homeland Security shall
consult with the Forensic Document Laboratory in designing the
document. The document may serve as a travel, entry, and work
authorization document during the period of its validity. The document
may be accepted by an employer as evidence of employment authorization
and identity under section 274A(b)(1)(B).
``(h) Terms of Status.--
``(1) Reporting.--During the period of Deferred Mandatory
Departure, an alien shall comply with all registration
requirements under section 264.
``(2) Travel.--
``(A) An alien granted Deferred Mandatory Departure
is not subject to section 212(a)(9) for any unlawful
presence that occurred prior to the Secretary of
Homeland Security granting the alien Deferred Mandatory
Departure status.
``(B) Under regulations established by the
Secretary of Homeland Security, an alien granted
Deferred Mandatory Departure--
``(i) may travel outside of the United
States and may be readmitted if the period of
Deferred Mandatory Departure status has not
expired; and
``(ii) must establish at the time of
application for admission that the alien is
admissible under section 212.
``(C) Effect on period of authorized admission.--
Time spent outside the United States under subparagraph
(B) shall not extend the period of Deferred Mandatory
Departure status.
``(3) Benefits.--During the period in which an alien is
granted Deferred Mandatory Departure under this section--
``(A) the alien shall not be considered to be
permanently residing in the United States under the
color of law and shall be treated as a nonimmigrant
admitted under section 214; and
``(B) the alien may be deemed ineligible for public
assistance by a State (as defined in section
101(a)(36)) or any political subdivision thereof which
furnishes such assistance.
``(i) Prohibition on Change of Status or Adjustment of Status.--An
alien granted Deferred Mandatory Departure status is prohibited from
applying to change status under section 248 or, unless otherwise
eligible under section 245(i), from applying for adjustment of status
to that of a permanent resident under section 245.
``(j) Application Fee.--
``(1) In general.--An alien seeking a grant of Deferred
Mandatory Departure status shall submit, in addition to any
other fees authorized by law, an application fee of $1,000.
``(2) Use of fee.--The fees collected under paragraph (1)
shall be available for use by the Secretary of Homeland
Security for activities to identify, locate, or remove illegal
aliens.
``(k) Family Members.--
``(1) Family members.--
``(A) In general.--The spouse or child of an alien
granted Deferred Mandatory Departure status is subject
to the same terms and conditions as the principal
alien, but is not authorized to work in the United
States.
``(B) Application fee.--
``(i) In general.--The spouse or child of
an alien seeking Deferred Mandatory Departure
shall submit, in addition to any other fee
authorized by law, an additional fee of $500.
``(ii) Use of fee.--The fees collected
under clause (i) shall be available for use by
the Secretary of Homeland Security for
activities to identify, locate, or remove
aliens who are removable under section 237.
``(l) Employment.--
``(1) In general.--An alien may be employed by any United
States employer authorized by the Secretary of Homeland
Security to hire aliens under section 218C.
``(2) Continuous employment.--An alien must be employed
while in the United States. An alien who fails to be employed
for 30 days is ineligible for hire until the alien has departed
the United States and reentered. The Secretary of Homeland
Security may, in the Secretary's sole and unreviewable
discretion, reauthorize an alien for employment without
requiring the alien's departure from the United States.
``(m) Enumeration of Social Security Number.--The Secretary of
Homeland Security, in coordination with the Commissioner of the Social
Security System, shall implement a system to allow for the enumeration
of a Social Security number and production of a Social Security card at
the time the Secretary of Homeland Security grants an alien Deferred
Mandatory Departure status.
``(n) Penalties for False Statements in Application for Deferred
Mandatory Departure.--
``(1) Criminal penalty.--
``(A) Violation.--It shall be unlawful for any
person--
``(i) to file or assist in filing an
application for adjustment of status under this
section and knowingly and willfully falsify,
misrepresent, conceal, or cover up a material
fact or make any false, fictitious, or
fraudulent statements or representations, or
make or use any false writing or document
knowing the same to contain any false,
fictitious, or fraudulent statement or entry;
or
``(ii) to create or supply a false writing
or document for use in making such an
application.
``(B) Penalty.--Any person who violates
subparagraph (A) shall be fined in accordance with
title 18, United States Code, imprisoned not more than
5 years, or both.
``(2) Inadmissibility.--An alien who is convicted of a
crime under paragraph (1) shall be considered to be
inadmissible to the United States on the ground described in
section 212(a)(6)(C)(i).
``(o) Relation to Cancellation of Removal.--With respect to an
alien granted Deferred Mandatory Departure status under this section,
the period of such status shall not be counted as a period of physical
presence in the United States for purposes of section 240A(a), unless
the Secretary of Homeland Security determines that extreme hardship
exists.
``(p) Waiver of Rights.--An alien is not eligible for Deferred
Mandatory Departure status, unless the alien has waived any right to
contest, other than on the basis of an application for asylum or
protection under the Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment, done at New York December
10, 1984, any action for deportation or removal of the alien that is
instituted against the alien subsequent to a grant of Deferred
Mandatory Departure status.
``(q) Denial of Discretionary Relief.--The determination of whether
an alien is eligible for a grant of Deferred Mandatory Departure status
is solely within the discretion of the Secretary of Homeland Security.
Notwithstanding any other provision of law, no court shall have
jurisdiction to review--
``(1) any judgment regarding the granting of relief under
this section; or
``(2) any other decision or action of the Secretary of
Homeland Security the authority for which is specified under
this section to be in the discretion of the Secretary, other
than the granting of relief under section 1158(a).
``(r) Judicial Review.--
``(1) Limitations on relief.--Without regard to the nature
of the action or claim and without regard to the identity of
the party or parties bringing the action, no court may--
``(A) enter declaratory, injunctive, or other
equitable relief in any action pertaining to--
``(i) an order or notice denying an alien a
grant of Deferred Mandatory Departure status or
any other benefit arising from such status; or
``(ii) an order of removal, exclusion, or
deportation entered against an alien after a
grant of Deferred Mandatory Departure status;
or
``(B) certify a class under Rule 23 of the Federal
Rules of Civil Procedure in any action for which
judicial review is authorized under a subsequent
paragraph of this subsection.
``(2) Challenges to validity.--
``(A) In general.--Any right or benefit not
otherwise waived or limited pursuant this section is
available in an action instituted in the United States
District Court for the District of Columbia, but shall
be limited to determinations of--
``(i) whether such section, or any
regulation issued to implement such section,
violates the Constitution of the United States;
or
``(ii) whether such a regulation, or a
written policy directive, written policy
guideline, or written procedure issued by or
under the authority the Secretary of Homeland
Security to implement such section, is not
consistent with applicable provisions of this
section or is otherwise in violation of law.''.
(b) Conforming Amendment.--Amend section 237(a)(2)(A)(i)(II) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(2)(A)(i)(II)) is
amended by striking the period at the end and inserting ``(or 6 months
in the case of an alien granted Deferred Mandatory Departure status
under section 218B),''.
SEC. 602. STATUTORY CONSTRUCTION.
Nothing in this title, or any amendment made by this title, shall
be construed to create any substantive or procedural right or benefit
that is legally enforceable by any party against the United States or
its agencies or officers or any other person.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated $1,000,000,000 for
facilities, personnel (including consular officers), training,
technology, and processing necessary to carry out the amendments made
by this title.
TITLE VII--ALIEN EMPLOYMENT MANAGEMENT SYSTEM
SEC. 701. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.
The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after section 218B, as added by section 601, the
following new section:
``SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM.
``(a) Establishment.--
``(1) Purpose.--The Secretary of Homeland Security, in
consultation with the Secretary of Labor, the Secretary of
State, and the Commissioner of Social Security, shall develop
and implement a program to authorize, manage and track the
employment of aliens described in section 218A or 218B.
``(2) Deadline.--The program under subsection (a) shall
commence prior to any alien being admitted under section
101(a)(15)(W) or granted Deferred Mandatory Departure under
section 218B.
``(b) Requirements.--The program shall--
``(1) enable employers who seek to hire aliens described in
section 218A or 218B to apply for authorization to employ such
aliens;
``(2) be interoperable with Social Security databases and
must provide a means of immediately verifying the identity and
employment authorization of an alien described in section 218A
or 218B, for purposes of complying with title III of the
Comprehensive Enforcement and Immigration Reform Act of 2005;
``(3) require an employer to utilize readers or scanners at
the location of employment or at a Federal facility to transmit
the biometric and biographic information contained in the
alien's evidence of status to the Secretary of Homeland
Security, for purposes of complying with title III of the
Comprehensive Enforcement and Immigration Reform Act of 2005;
and
``(4) collect sufficient information from employers to
enable the Secretary of Homeland Security to identify--
``(A) whether an alien described in section 218A or
218B is employed;
``(B) any employer that has hired an alien
described in section 218A or 218B;
``(C) the number of aliens described in section
218A or 218B that an employer is authorized to hire and
is currently employing; and
``(D) the occupation, industry and length of time
that an alien described in section 218A or 218B has
been employed in the United States.
``(c) Authorization to Hire Aliens Described in Section 218A or
218B.--
``(1) Application.--An employer must apply, through the
program described in subsection (a) of this section, to obtain
authorization to hire aliens described in section 218A or 218B.
``(2) Penalties.--An employer who employs an alien
described in section 218A or 218B without authorization is
subject to the same penalties and provisions as an employer who
violates section 274(a)(1)(A) or (a)(2). An employer shall be
subject to penalties prescribed by the Secretary of Homeland
Security by regulation, which may include monetary penalties
and debarment from eligibility to hire aliens described in
section 218A or 218B.
``(3) Eligibility.--An employer must establish that it is a
legitimate company and must attest that it will comply with the
terms of the program established under subsection (a).
``(4) Number of aliens authorized.--An employer may request
authorization to multiple aliens described in section 218A or
218B.
``(5) Electronic form.--The program established under
subsection (a) shall permit employers to submit applications
under this subsection in an electronic form.
``(d) Notification Upon Termination of Employment.--An employer,
through the program established under subsection (a), must notify the
Secretary of Homeland Security not more than 3 business days after the
date of the termination of the alien's employment. The employer is not
authorized to fill the position with another alien described in section
218A or 218B until the employer notifies the Secretary of Homeland
Security that the alien is no longer employed by that employer.
``(e) Protection of United States Workers.--An employer may not be
authorized to hire an alien described in section 218A or 218B until the
employer submits an attestation stating the following:
``(1) The employer has posted the position in a national,
electronic job registry maintained by the Secretary of Labor,
for not less than 30 days.
``(2) The employer has offered the position to any eligible
United States worker who applies and is equally or better
qualified for the job for which a temporary worker is sought
and who will be available at the time and place of need. An
employer shall maintain records for not less than 1 year
demonstrating that why United States workers who applied were
not hired.
``(3) The employer shall comply with the terms of the
program established under subsection (a), including the terms
of any temporary worker monitoring program established by the
Secretary.
``(4) The employer shall not hire more aliens than the
number authorized by the Secretary of Homeland Security has
authorized it to hire.
``(5) The worker shall be paid at least the greater of the
hourly wage prescribed under section 6(a)(1) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable
State minimum wage. All wages will be paid in a timely manner
and all payroll records will be maintained accurately.
``(6) The employment of a temporary worker shall not
adversely affect the working conditions of other similarly
employed United States workers.
``(f) Approval.--After determining that there are no United States
workers who are qualified and willing to obtain the employment for
which the employer is seeking temporary workers, the Secretary of
Homeland Security may approve the application submitted by the employer
under this paragraph for the number of temporary workers that the
Secretary determines are required by the employer. Such approval shall
be valid for a 2-year period.''.
SEC. 702. LABOR INVESTIGATIONS.
(a) In General.--The Secretary of Homeland Security and the
Secretary of Labor shall conduct audits, including random audits, of
employers who employ aliens described under section 218A or 218B of the
Immigration and Nationality Act, as added by section 502 and 601,
respectively.
(b) Penalties.--The Secretary of Homeland Security shall establish
penalties, which may include debarment from eligibility for hire also
described under section 218A, as added by section 502 of this Act,
218B, as added by section 601 of this Act, for employers who fail to
comply with section 218C of the Immigration and Nationality Act as
added by section 701 of this Act, and shall establish protections for
aliens who report employers who fail to comply with such section.
TITLE VIII--PROTECTION AGAINST IMMIGRATION FRAUD
SEC. 801. GRANTS TO SUPPORT PUBLIC EDUCATION AND TRAINING.
(a) General Program Purpose.--The purpose of this title is to
assist qualified non-profit community organizations to educate, train,
and support non-profit agencies, immigrant communities, and other
interested entities regarding this Act and the amendments made by this
Act.
(b) Purposes for Which Grants May Be Used.--The grants under this
part shall be used to fund public education, training, technical
assistance, government liaison, and all related costs (including
personnel and equipment) incurred by non-profit community organizations
in providing services related to this Act, and to educate, train and
support non-profit organizations, immigrant communities, and other
interested parties regarding this Act and the amendments made by this
Act and on matters related to its implementation. In particular,
funding shall be provided to non-profit organizations for the purposes
of--
(1) educating immigrant communities and other interested
entities on the individuals and organizations that can provide
authorized legal representation in immigration matters under
regulations prescribed by the Secretary of Homeland Security,
and on the dangers of securing legal advice and assistance from
those who are not authorized to provide legal representation in
immigration matters;
(2) educating interested entities on the requirements for
obtaining non-profit recognition and accreditation to represent
immigrants under regulations prescribed by the Secretary of
Homeland Security, and providing non-profit agencies with
training and technical assistance on the recognition and
accreditation process; and
(3) educating non-profit community organizations, immigrant
communities and other interested entities on the process for
obtaining benefits under this Act or an amendment made by this
Act, and the availability of authorized legal representation
for low-income persons who may qualify for benefits under this
Act of an amendment made by this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Office of Justice Programs at the United States
Department of Justice to carry out this section--
(1) $40,000,000 for fiscal year 2006;
(2) $40,000,000 for fiscal year 2007; and
(3) $40,000,000 for fiscal year 2008.
(d) In General.--The Office of Justice Programs shall ensure, to
the extent possible, that the non-profit community organizations funded
under this Section shall serve geographically diverse locations and
ethnically diverse populations who may qualify for benefits under the
Act.
TITLE IX--CIRCULAR MIGRATION
SEC. 901. INVESTMENT ACCOUNTS.
(a) In General.--Section 201 of the Social Security Act (42 U.S.C.
401) is amended by adding at the end the following:
``(o)(1) Notwithstanding any other provision of this section, the
Secretary of the Treasury shall transfer at least quarterly from the
Federal Old-Age and Survivors Insurance Trust Fund and the Federal
Disability Insurance Trust Fund 100 percent of the temporary worker
taxes to the Temporary Worker Investment Fund for deposit in a
temporary worker investment account for each temporary worker as
specified in section 253.
``(2) For purposes of this subsection--
``(A) the term `temporary worker taxes' means that portion
of the amounts appropriated to the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund under this section and properly
attributable to the wages (as defined in section 3121 of the
Internal Revenue Code of 1986) and self-employment income (as
defined in section 1402 of such Code) of temporary workers as
determined by the Commissioner of Social Security; and
``(B) the term `temporary worker' means an alien who is
admitted to the United States as a nonimmigrant under section
101(a)(15)(W) of the Immigration and Nationality Act.''.
(b) Temporary Worker Investment Accounts.--Title II of the Social
Security Act (42 U.S.C. 401 et seq.) is amended--
(1) by inserting before section 201 the ``PART A--SOCIAL
SECURITY''; and
(2) by adding at the end the following:
``Part II--Temporary Worker Investment Accounts
``definitions
``Sec. 251. For purposes of this part:
``(1) Covered employer.--The term `covered employer' means,
for any calendar year, any person on whom an excise tax is
imposed under section 3111 of the Internal Revenue Code of 1986
with respect to having an individual in the person's employ to
whom wages are paid by such person during such calendar year.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(3) Temporary worker.--The term `temporary worker' an
alien who is admitted to the United States as a nonimmigrant
under section 101(a)(15)(W) of the Immigration and Nationality
Act.
``(4) Temporary worker investment account.--The term
`temporary worker investment account' means an account for a
temporary worker which is administered by the Secretary through
the Temporary Worker Investment Fund.
``(5) Temporary worker investment fund.--The term
`Temporary Worker Investment Fund' means the fund established
under section 253.
``temporary worker investment accounts
``Sec. 252. (a) In General.--A temporary worker investment account
shall be established by the Secretary in the Temporary Worker
Investment Fund for each individual not later than 10 business days
after the covered employer of such individual submits a W-4 form (or
any successor form) identifying such individual as a temporary worker.
``(b) Time Account Takes Effect.--A temporary worker investment
account established under subsection (a) shall take effect with respect
to the first pay period beginning more than 14 days after the date of
such establishment.
``(c) Temporary Worker's Property Right in Temporary Worker
Investment Account.--The temporary worker investment account
established for a temporary worker is the sole property of the worker.
``temporary worker investment fund
``Sec. 253. (a) In General.--There is created on the books of the
Treasury of the United States a trust fund to be known as the
`Temporary Worker Investment Fund' to be administered by the Secretary.
Such Fund shall consist of the assets transferred under section 201(o)
to each temporary worker investment account established under section
252 and the income earned under subsection (e) and credited to such
account.
``(b) Notice of Contributions.--The full amount of a temporary
worker`s investment account transfers shall be shown on such worker's
W-2 tax statement, as provided in section 6051(a)(14) of the Internal
Revenue Code of 1986.
``(c) Investment Earnings Report.--
``(1) In general.--At least annually, the Temporary Worker
Investment Fund shall provide to each temporary worker with a
temporary worker investment account managed by the Fund a
temporary worker investment status report. Such report may be
transmitted electronically upon the agreement of the temporary
worker under the terms and conditions established by the
Secretary.
``(2) Contents of report.--The temporary worker investment
status report, with respect to a temporary worker investment
account, shall provide the following information:
``(A) The total amounts transferred under section
201(o) in the last quarter, the last year, and since
the account was established.
``(B) The amount and rate of income earned under
subsection (e) for each period described in
subparagraph (A).
``(d) Maximum Administrative Fee.--The Temporary Worker Investment
Fund shall charge each temporary worker in the Fund a single, uniform
annual administrative fee not to exceed 0.3 percent of the value of the
assets invested in the worker's account.
``(e) Investment Duties of Secretary.--The Secretary shall
establish policies for the investment and management of temporary
worker investment accounts, including policies that shall provide for
prudent Federal Government investment instruments suitable for
accumulating funds.
``temporary worker investment account distributions
``Sec. 254. (a) Date of Distribution.--Except as provided in
subsections (b) and (c), a distribution of the balance in a temporary
worker investment account may only be made on or after the date such
worker departs the United States and abandons such worker's
nonimmigrant status under section 101(a)(15)(W) of the Immigration and
Nationality Act and returns to the worker's home country.
``(b) Distribution in the Event of Death.--If the temporary worker
dies before the date determined under subsection (a), the balance in
the worker`s account shall be distributed to the worker's estate under
rules established by the Secretary.''.
(c) Temporary Worker Investment Account Transfers Shown on W-2s.--
(1) In general.--Section 6051(a) of the Internal Revenue
Code of 1986 (relating to receipts for employees) is amended--
(A) by striking ``and'' at the end of paragraph
(12);
(B) by striking the period at the end of paragraph
(13) and inserting ``; and''; and
(C) by inserting after paragraph (13) the
following:
``(14) in the case of a temporary worker (as defined in
section 251(1) of the Social Security Act), of the amount shown
pursuant to paragraph (6), the total amount transferred to such
worker's temporary worker investment account under section
201(o) of such Act.''.
(2) Conforming amendments.--Section 6051 of the Internal
Revenue Code of 1986 is amended--
(A) in subsection (a)(6), by inserting ``and paid
as tax under section 3111'' after ``section 3101''; and
(B) in subsection (c), by inserting ``and paid as
tax under section 3111'' after ``section 3101''.
TITLE X--BACKLOG REDUCTION
SEC. 1001. EMPLOYMENT BASED IMMIGRANTS.
(a) Employment-Based Immigrant Limit.--Section 201(d) of the
Immigration and Nationality Act (8 U.S.C. 1151(d)) is amended to read
as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--The
worldwide level of employment-based immigrants under this subsection
for a fiscal year is equal to the sum of--
``(1) 140,000;
``(2) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during the
previous fiscal year;
``(3) the difference between--
``(A) the maximum number of visas authorized to be
issued under this subsection during fiscal years 2001
through 2005 and the number of visa numbers issued
under this subsection during those years; and
``(B) the number of visas described in subparagraph
(A) that were issued after fiscal year 2005; and
``(4) the number of visas previously made available under
section 203(e).''.
(b) Diversity Visa Termination.--The allocation of immigrant visas
to aliens under section 203(c) of the Immigration and Nationality Act
(8 U.S.C. 1153(c)), and the admission of such aliens to the United
States as immigrants, is terminated. This provision shall become
effective on October 1st of the fiscal year following enactment of this
Act.
(c) Immigration Task Force.--
(1) In general.--There is established a task force to be
known as the Immigration Task Force (referred to in this
section as the ``Task Force'').
(2) Purposes.--The purposes of the Task Force are--
(A) to study the impact of the delay between the
date on which an application for immigration is
submitted and the date on which a determination on such
application is made;
(B) to study the impact of immigration of workers
to the United States on family unity; and
(C) to provide to Congress any recommendations of
the Task Force regarding increasing the number
immigrant visas issued by the United States for family
members and on the basis of employment.
(3) Membership.--The Task Force shall be composed of 10
members, of whom--
(A) 1 shall be appointed by the President and shall
serve as chairman of the Task Force;
(B) 1 shall be appointed by the leader of the
minority party in the Senate, in consultation with the
leader of the minority party in the House of
Representatives, and shall serve as vice chairman of
the Task Force;
(C) 2 shall be appointed by the majority leader of
the Senate;
(D) 2 shall be appointed by the minority leader of
the Senate;
(E) 2 shall be appointed by the Speaker of the
House of Representatives; and
(F) 2 shall be appointed by the minority leader of
the House of Representatives.
(4) Qualifications.--
(A) In general.--Members of the Task Force shall
be--
(i) individuals with expertise in
economics, demography, labor, business, or
immigration or other pertinent qualifications
or experience; and
(ii) representative of a broad cross-
section of perspectives within the United
States, including the public and private
sectors and academia.
(B) Political affiliation.--Not more than 5 members
of the Task Force may be members of the same political
party.
(C) Nongovernmental appointees.--An individual
appointed to the Task Force may not be an officer or
employee of the Federal Government or of any State or
local government.
(5) Deadline for appointment.--All members of the Task
Force shall be appointed not later than 6 months after the date
of enactment of this Act.
(6) Vacancies.--Any vacancy in the Task Force shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made.
(7) Meetings.--
(A) Initial meeting.--The Task Force shall meet and
begin the operations of the Task Force as soon as
practicable.
(B) Subsequent meetings.--After its initial
meeting, the Task Force shall meet upon the call of the
chairman or a majority of its members.
(8) Quorum.--Six members of the Task Force shall constitute
a quorum.
(9) Report.--Not later than 18 months after the date of
enactment of this Act, the Task Force shall submit to Congress,
the Secretary of Labor, and the Secretary of Homeland Security
a report that contains--
(A) findings with respect to the duties of the Task
Force; and
(B) recommendations for modifying the numerical
limits on the number immigrant visas issued by the
United States for family members of individuals in the
United States and on the basis of employment.
SEC. 1002. COUNTRY LIMITS.
Section 202(a) of the Immigration and Nationality Act (8 U.S.C.
1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``, (4), and (5)'' and inserting
``and (4)''; and
(B) by striking ``7 percent (in the case of a
single foreign state) or 2 percent'' and inserting ``10
percent (in the case of a single foreign state) or 5
percent''; and
(2) by striking paragraph (5).
SEC. 1003. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Employment-based Immigrants.--Section
203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)) is
amended--
(1) in paragraph (1), by striking ``28.6 percent'' and
inserting ``10 percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``10 percent'';
(3) in paragraph (3)(A)--
(A) by striking ``28.6 percent'' and inserting ``35
percent''; and
(B) by striking clause (iii);
(4) by striking paragraph (4);
(5) by redesignating paragraph (5) as paragraph (4);
(6) in paragraph (4)(A), as redesignated, by striking ``7.1
percent'' and inserting ``4 percent'';
(7) by inserting after paragraph (4), as redesignated, the
following:
``(5) Other workers.--Visas shall be made available, in a
number not to exceed 36 percent of such worldwide level, plus
any visa numbers not required for the classes specified in
paragraphs (1) through (4), to qualified immigrants who are
capable, at the time of petitioning for classification under
this paragraph, of performing unskilled labor that is not of a
temporary or seasonal nature, for which qualified workers are
determined to be unavailable in the United States''; and
(8) by striking paragraph (6).
(b) Conforming Amendments.--
(1) Definition of special immigrant.--Section 101(a)(27)(M)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(M)) is amended by striking ``subject to the
numerical limitations of section 203(b)(4),''.
(2) Repeal of temporary reduction in workers' visas.--
Section 203(e) of the Nicaraguan Adjustment and Central
American Relief Act (8 U.S.C. 1153 note) is repealed.
TITLE XI--TEMPORARY AGRICULTURAL WORKERS
SEC. 1101. SENSE OF THE SENATE ON TEMPORARY AGRICULTURAL WORKERS.
It is the sense of the Senate that consideration of any
comprehensive immigration reform during the 109th Congress will include
agricultural workers.
<all>
Introduced in Senate
Read twice and referred to the Committee on the Judiciary.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line