Optimizing Visa Entry Rules and Demanding Uniform Enforcement Immigration Reform Act of 2007 or the OVERDUE Immigration Reform Act of 2007 - Revises worldwide immigration level and visa allotment provisions, including establishment of specified new nonimmigrant classifications.
Provides citizenship or nationality at birth for a person born in the United States only if such child was born to parents, one of whom is: (1) a U.S. citizen or national; or (2) a lawful permanent resident alien.
Authorizes the use of the military to help secure the borders.
Provides for increases of immigration and border enforcement personnel.
Suspends the visa waiver program.
Provides criminal penalties and forfeiture for unlawful presence in the United States.
Provides for listing of immigration violators in the National Crime Information Center Database.
Increases civil and criminal penalties for document fraud, benefit fraud, and false citizenship claims.
Sets forth an identification standard for federal benefits.
Requires electronic fingerprinting for U.S. passports.
Authorizes visa term compliance bonds.
Establishes minimum birth certificate standards for federal recognition purposes. Provides for the establishment of electronic birth and death registration systems.
Renames the basic employment verification pilot program as the Employment Authorization Status Instant Check or EASI Check system and makes such system permanent and mandatory on a phased-in basis.
Increases civil and criminal penalties for employer hiring violations.
Provides for temporary social security cards for non-immigrant aliens authorized to work in the United States.
Directs the Commissioner of Social Security to notify: (1) a U.S. employer with one or more employees whose social security account number does not match the employee's name or date of birth in Social Security Administration (SSA) records; and (2) an individual whose earnings from two or more employers are being reported under the individual's social security account number.
Prohibits social security credit for work performed while unlawfully present in the United States.
Makes an individual who submits a federal income tax return that relies on an individual taxpayer identification number in lieu of a social security number ineligible for any tax credit or refund (including the earned income tax credit).
Revises provisions respecting: (1) adjustment of status; and (2) temporary protected status.
Prohibits federal assistance to a post-secondary educational institution determined to be providing benefits in violation of the provision restricting in-state tuition to aliens unlawfully in the United States.
Declares that states and state and local law enforcement personnel have the inherent authority to apprehend, arrest, detain, or transfer to federal custody aliens in the United States in the enforcement of U.S. immigration laws.
Directs the Secretary of Homeland Security, upon state request, to provide for the transfer of an illegal alien to federal custody and the reimbursement of related state costs.
Authorizes assistance to Cameron University, Lawton, Oklahoma, for a demonstration project to assess the feasibility of establishing a nationwide e-learning training course to be used by state, local, and tribal law enforcement officers to enhance such officers' ability to assist federal immigration officers.
Directs the Secretary, within two years, to complete the exit component of the entry and exit data system, (US-VISIT).
Prohibits employer deduction from gross income of wages paid to unauthorized aliens.
Eliminates: (1) federal reimbursement of emergency health services provided to undocumented aliens after FY2007; and (2) coverage of Mexicans with border crossing cards. Provides funding for eligible providers through FY2013.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4192 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 4192
To reform immigration to serve the national interest.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 15, 2007
Mr. Tancredo introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Armed
Services, Homeland Security, Oversight and Government Reform, Ways and
Means, Education and Labor, Foreign Affairs, and Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To reform immigration to serve the national interest.
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; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Optimizing Visa
Entry Rules and Demanding Uniform Enforcement Immigration Reform Act of
2007'' or the ``OVERDUE Immigration Reform Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents; definitions.
TITLE I--OPTIMIZING VISA ENTRY RULES
Sec. 101. Worldwide levels of immigration.
Sec. 102. Allotment of visas.
Sec. 103. Humanitarian immigration.
Sec. 104. Sunsetting adjustments under various provisions.
Sec. 105. Requirement for Congressional approval for extension of
designation of foreign states for purposes
of temporary protected status.
Sec. 106. Establishment of new nonimmigrant classifications; conversion
of certain existing immigrant
classification petitions.
TITLE II--MISCELLANEOUS PROVISIONS
Sec. 201. Limitation on automatic birthright citizenship.
Sec. 202. Requirement for immigrants to provide affidavit of allegiance
to the United States.
Sec. 203. Requirement of affidavit of support for employment-based
immigrants.
Sec. 204. Making voting in foreign election a basis for automatic loss
of citizenship.
Sec. 205. Treating illegal presence in the United States as not
demonstrating good moral character.
Sec. 206. Requirement of DNA testing for aliens seeking visas based on
a biological relationship.
TITLE III--DEMANDING UNIFORM ENFORCEMENT
Subtitle A--No Access; No Opportunity
Sec. 301. Sense of Congress on role of Department of Defense.
Sec. 302. Use of Army and Air Force to secure the borders.
Sec. 303. Assignment of members of the Armed Forces to assist United
States Customs and Border Protection and
United States Immigration and Customs
Enforcement.
Sec. 304. Construction of secure fence.
Sec. 305. Report by Sandia National Laboratories concerning border
security.
Sec. 306. Increase in full-time USCBP immigration inspectors.
Sec. 307. Increase in full-time USICE detention and removal officers.
Sec. 308. Functions of detention and removal officers.
Sec. 309. Increase in USICE criminal investigators for benefits fraud.
Sec. 310. Increase in attorneys for the USICE legal program.
Sec. 311. Suspension of visa waiver program.
Sec. 312. Civil and criminal penalties for unlawful presence.
Sec. 313. Listing of immigration violators in the National Crime
Information Center Database.
Sec. 314. Civil and criminal penalties for document fraud, benefit
fraud, and false claims of citizenship.
Sec. 315. Identification standard for Federal benefits.
Sec. 316. Fingerprinting of applicants for United States passports.
Sec. 317. Visa term compliance bonds.
Sec. 318. Release of aliens in removal proceedings.
Sec. 319. Detention of aliens delivered by bondsmen.
Sec. 320. Independent verification of birth records provided in support
of applications for social security account
numbers.
Sec. 321. Birth certificates.
Sec. 322. Maximum period of validity for State licenses and
identification documents.
Sec. 323. No preemption of certain State and local laws regarding
employment eligibility verification
requirements.
Subtitle B--Reversing Unlawful Migration
Sec. 331. Mandatory employment authorization verification.
Sec. 332. Employer sanctions.
Sec. 333. Limited duration social security account numbers for
nonimmigrants.
Sec. 334. Mandatory notification of social security account number
mismatches and multiple uses.
Sec. 335. No social security credit for work performed while unlawfully
present.
Sec. 336. Reducing individual taxpayer identification number abuse.
Sec. 337. Limited eligibility for tax credits and refunds.
Sec. 338. Penalty for failure to file correct information returns.
Sec. 339. Adjustment of status.
Sec. 340. Revocation of temporary status.
Sec. 341. Repeal of amnesty provision.
Sec. 342. Penalties for violations of Federal immigration laws by
States and localities.
Sec. 343. Clarification of inherent authority of State and local law
enforcement.
Sec. 344. USICE response to requests for assistance from State and
local law enforcement.
Sec. 345. Basic immigration enforcement training for State, local, and
tribal law enforcement officers.
Sec. 346. Completion of exit component of US-VISIT entry and exit data
system.
Sec. 347. Clarification that wages paid to unauthorized aliens may not
be deducted from gross income.
TITLE IV--REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE
SERVICES FURNISHED TO ILLEGAL ALIENS
Sec. 401. Revision of Federal reimbursement of emergency health care
services furnished to illegal aliens.
(c) Definitions.--For purposes of this Act, the definitions
contained in subsections (a) and (b) of section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101) shall apply.
TITLE I--OPTIMIZING VISA ENTRY RULES
SEC. 101. WORLDWIDE LEVELS OF IMMIGRATION.
Beginning with fiscal year 2009, notwithstanding section 201 of the
Immigration and Nationality Act (8 U.S.C. 1151)--
(1) the worldwide level of family-sponsored immigrants
under subsection (c) of such section in any fiscal year shall
be zero;
(2) the worldwide level of employment-based immigrants
under subsection (d) of such section in any fiscal year shall
be 5,200; and
(3) the worldwide level of diversity immigrants under
subsection (e) of such section in any fiscal year shall be
zero.
SEC. 102. ALLOTMENT OF VISAS.
(a) In General.--Beginning with fiscal year 2008, notwithstanding
section 203 of the Immigration and Nationality Act (8 U.S.C. 1153)--
(1) the number of visas that shall be allotted to family-
sponsored immigrants under subsection (a) of such section in
any fiscal year shall be zero;
(2) the number of visas that shall be allotted to priority
workers under subsection (b)(1) of such section (and to spouses
and children of such workers under subsection (d) of such
section) in any fiscal year shall not exceed 5,000, the number
of visas that shall be allotted in any fiscal year to priority
workers under subsection (b)(5) of such section (and to spouses
and children of such workers under subsection (d) of such
section) in any fiscal year shall not exceed 200, and the
number of visas that shall be allotted to other aliens subject
to the worldwide level for employment-based immigrants in any
fiscal year shall be zero;
(3) the number of visas that shall be allotted to special
immigrants under subsection (b)(4) of such section (and to
spouses and children of such workers under subsection (d) of
such section) in any fiscal year shall not exceed 1,000; and
(4) the number of visas that shall be allotted to diversity
immigrants under subsection (c) of such section in any fiscal
year shall be zero.
Nothing in this title shall be construed as imposing any numerical
limitation on special immigrants described in subparagraph (A) or (B)
of section 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)) who may be
provided immigrant visas (or who otherwise may acquire the status of an
alien lawfully admitted for permanent residence).
(b) Limitation on Sponsorship by Certain Aliens.--Notwithstanding
any other provision of law, effective October 1, 2008, no visa may be
allotted to any immigrant on the basis of a petition by an individual
who has filed an application under section 210 or section 245A of the
Immigration and Nationality Act (8 U.S.C. 1160, 1255a).
(c) Elimination of Preference Categories.--Effective October 1,
2008, no classification petition may be filed or approved, and no alien
may be issued an immigration visa number, for the following preference
categories:
(1) Family preference.--Preference under section 203(a).
(2) Employment-based preference.--Preference under section
203(b), other than as an alien described in subparagraph (A) or
(B) of section 203(b)(1) or under section 203(b)(5), or under
section 203(d) as the spouse or minor child of either such an
alien.
(3) Diversity.--Preference under section 203(c).
(d) Limitation on Granting Immigrant Status.--Effective October 1,
2008, the Secretary of Homeland Security may not accept or approve any
petition for classification under section 204 of the Immigration and
Nationality Act (8 U.S.C. 1154) except for classification by reason of
a family relationship described in section 201(b)(2) of such Act (8
U.S.C. 1151(b)(2)) or priority worker or investor status under
paragraph (1)(A), (1)(B), or (5) of subsection (b) of section 203 of
such Act (8 U.S.C. 1153), or as a spouse or child of such a worker or
investor under subsection (d) of such section, or as an alien described
in section 201(b)(1)(B) or 201(b)(1)(C) of such Act.
SEC. 103. HUMANITARIAN IMMIGRATION.
(a) Annual Limitation of 50,000.--Notwithstanding any other
provision of law, subject to subsection (b), beginning with fiscal year
2008, the sum of the following shall not exceed 50,000:
(1) The number of refugees who are admitted under section
207 of the Immigration and Nationality Act (8 U.S.C. 1157) in a
fiscal year.
(2) The number of admissions made available in such fiscal
year to adjust to the status of permanent residence the status
of aliens granted asylum under section 209(b) of such Act (8
U.S.C. 1159(b)).
(3) The number of aliens whose status is adjusted in such
fiscal year under section 646 of the Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law
104-208), relating to Polish and Hungarian parolees.
(4) The number of aliens whose status is adjusted in such
fiscal year under section 599E of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1990
(relating to Soviet and Indochinese parolees).
(5) The number of other aliens whose removal is cancelled
(and whose status is adjusted) in such fiscal year under
section 240A of such Act (8 U.S.C. 1229b).
(6) The number of aliens who are provided lawful permanent
resident status in such fiscal year on the basis of a private
bill passed by Congress.
(b) Exception.--In applying subsection (a), aliens who are spouses
or children of citizens of the United States, or who are admitted under
the limitations described in section 102, shall not be counted.
SEC. 104. SUNSETTING ADJUSTMENTS UNDER VARIOUS PROVISIONS.
(a) Sunset for IRCA-Related and Certain Other Amnesties.--An alien
may not be issued an immigrant visa or otherwise acquire the status of
an alien lawfully admitted for permanent residence under any of the
following provisions, unless the alien has filed an application for
such visa or status on or before the date of the enactment of this Act:
(1) Section 245A of the Immigration and Nationality Act (8
U.S.C. 1255a), commonly known as the IRCA legalization program.
(2) Section 210 of such Act (8 U.S.C. 1160), commonly known
as the agricultural worker amnesty program.
(3) Section 249 of such Act (8 U.S.C. 1259), commonly known
as registry.
(4) Section 584 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1988,
relating to Amerasian immigration.
(b) Sunset for HRIFA and NACARA Amnesties.--An alien may not be
issued an immigrant visa and may not otherwise acquire the status of an
alien lawfully admitted for permanent residence under any of the
following provisions, unless the alien has filed an application for
such visa or status on or before the date of the enactment of this Act:
(1) Section 202 of the Nicaraguan Adjustment and Central
American Relief Act of 1997 (title II of Public Law 105-100).
(2) The Haitian Refugee and Immigration Fairness Act of
1998 (division A of section 101(h) of Public Law 105-277).
(c) Immediate Repeal of Cuban-Haitian Adjustment.--An alien may not
be issued an immigrant visa and may not otherwise acquire the status of
an alien lawfully admitted for permanent residence under section 202 of
the Immigration Reform and Control Act of 1986, unless the alien has
filed an application for such visa or status on or before the date of
the enactment of this Act:
(d) Immediate Repeal of Lautenberg-Morrison Provisions.--Effective
on the date of the enactment of this Act, section 599D of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is repealed.
SEC. 105. REQUIREMENT FOR CONGRESSIONAL APPROVAL FOR EXTENSION OF
DESIGNATION OF FOREIGN STATES FOR PURPOSES OF TEMPORARY
PROTECTED STATUS.
Effective on October 1, 2008, the period of designation of a
foreign state under section 244(b) of the Immigration and Nationality
Act (8 U.S.C. 1254(b)) may not be extended beyond the initial
designation period without the approval of both Houses of Congress.
SEC. 106. ESTABLISHMENT OF NEW NONIMMIGRANT CLASSIFICATIONS; CONVERSION
OF CERTAIN EXISTING IMMIGRANT CLASSIFICATION PETITIONS.
(a) Establishment of Nonimmigrant Classifications.--Effective
October 1, 2008, the Secretary of Homeland Security shall establish the
following new nonimmigrant classifications (under section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)):
(1) Spouses and minor children of lawful permanent
residents.--
(A) In general.--A nonimmigrant classification for
an alien who is the spouse or child of an alien
lawfully admitted for permanent residence.
(B) Period of validity of nonimmigrant visa.--A
visa issued for nonimmigrant classification under this
paragraph shall be valid for a period of 3 years. Such
visa may be renewed indefinitely so long as the
principal alien is residing in the United States and
the nonimmigrant alien remains the spouse or child of
such alien.
(C) Subsequent adjustment to lawful permanent
resident status as immediate relatives upon
naturalization of principal alien.--If the principal
alien described in subparagraph (A) becomes a
naturalized citizen of the United States, the alien may
apply for permanent resident status of such spouse and
child as an immediate relative under section
201(b)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1151(b)(2)(A)) and, for purposes of making such
determination, the age of the child shall be the age of
such child as of the date of approval of the
nonimmigrant status under subparagraph (A).
(2) Parents of adult united states citizens.--
(A) In general.--A nonimmigrant classification for
an alien who is the parent of a citizen of the United
States if the citizen is at least 21 years of age.
(B) Period of validity of nonimmigrant visa.--A
visa issued for nonimmigrant classification under this
subparagraph shall be valid for a period of 5 years.
Such visa may be renewed indefinitely so long as the
citizen son or daughter is residing in the United
States.
(C) Limitations on employment and public benefits
and support by petitioning citizen son or daughter.--An
alien provided nonimmigrant status under this paragraph
is not authorized to be employed in the United States
and is not entitled, notwithstanding any other
provision of law, to any benefits funded by the Federal
Government or any State. In the case of such an alien,
the petitioning United States citizen son or daughter
shall be responsible for the support of the alien in
the United States, regardless of the resources of such
alien.
(b) Conversion of Current Classification Petitions.--
(1) Family second preference conversions.--In the case of a
classification petition under section 204(a) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)) for preference status
described in section 203(a)(2)(A) of such Act (8 U.S.C.
1153(a)(2)(A)) for an alien that has been filed before October
1, 2008, as of such date such petition shall be deemed to be a
petition for classification of the alien involved as a
nonimmigrant under the classification established under
subsection (a)(1).
(2) Immediate relative petitions for parents.--In the case
of a classification petition under section 204(a) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)) for
immediate relative status under section 201(b)(2)(A) of such
Act (8 U.S.C. 1151(b)(2)(A)) as the parent of a United States
citizen that has been filed before October 1, 2008, as of such
date such petition shall be deemed to be a petition for
classification of the alien involved as a nonimmigrant under
the classification established under subsection (a)(2).
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. LIMITATION ON AUTOMATIC BIRTHRIGHT CITIZENSHIP.
Notwithstanding any other provision of law, with respect to an
individual born after the date of the enactment of this Act, the
individual shall not be a national or citizen of the United States at
birth under section 301 of the Immigration and Nationality Act (8
U.S.C. 1401) unless at least one of the individual's parents is, at the
time of birth, a citizen or national of the United States or an alien
lawfully admitted for permanent residence.
SEC. 202. REQUIREMENT FOR IMMIGRANTS TO PROVIDE AFFIDAVIT OF ALLEGIANCE
TO THE UNITED STATES.
(a) In General.--Notwithstanding any other provision of law, no
alien shall be provided an immigrant visa or otherwise provided status
as an alien lawfully admitted to the United States for permanent
residence unless the alien has executed an affidavit of allegiance to
the United States that is in a form approved by the Secretary of
Homeland Security.
(b) Effective Date.--Subsection (a) shall take effect on and after
such date, not later than 60 days after the date of the enactment of
this Act, as the Secretary of Homeland Security specifies after having
approved the form for the affidavit under such subsection.
SEC. 203. REQUIREMENT OF AFFIDAVIT OF SUPPORT FOR EMPLOYMENT-BASED
IMMIGRANTS.
(a) In General.--Notwithstanding any other provision of law, no
alien shall be provided an immigrant visa or otherwise provided status
as an alien lawfully admitted to the United States for permanent
residence as an employment-based immigrant under section 203(b) of the
Immigration and Nationality Act (8 U.S.C. 1153(b)) unless there has
been executed an affidavit of support that meets the requirements of
section 213A of such Act (8 U.S.C. 1183a) and the alien has executed an
affidavit of allegiance to the United States that is in a form approved
by the Secretary of Homeland Security.
(b) Effective Date.--Subsection (a) shall apply to visas and lawful
permanent residence status provided after the date of the enactment of
this Act.
SEC. 204. MAKING VOTING IN FOREIGN ELECTION A BASIS FOR AUTOMATIC LOSS
OF CITIZENSHIP.
(a) In General.--Section 349(a) of the Immigration and Nationality
Act (8 U.S.C. 1481(a)) is amended--
(1) by striking the period at the end of paragraph (7) and
inserting ``; or''; and
(2) by adding at the end the following new paragraph:
``(8) voting in an election in a foreign country.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to voting that occurs after the date of the enactment of this
Act.
SEC. 205. TREATING ILLEGAL PRESENCE IN THE UNITED STATES AS NOT
DEMONSTRATING GOOD MORAL CHARACTER.
(a) In General.--Section 101(f) of the Immigration and Nationality
Act (8 U.S.C. 1101(f)) is amended--
(1) by striking ``or'' at the end of paragraph (8);
(2) by striking the period at the end of paragraph (9) and
inserting ``; or''; and
(3) by inserting after paragraph (9) the following new
paragraph:
``(10) one who--
``(A) at the time good moral character is required
to be demonstrated, is unlawfully present in the United
States without having been admitted or paroled;
``(B) at the time good moral character is required
to be demonstrated, has been inspected and admitted to
the United States but gained such admission through
fraud or misrepresentation; or
``(C) at any time has been unlawfully present in
the United States for an aggregate period of 181 days
or more.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to determinations of good moral character made after the date of
the enactment of this Act.
SEC. 206. REQUIREMENT OF DNA TESTING FOR ALIENS SEEKING VISAS BASED ON
A BIOLOGICAL RELATIONSHIP.
(a) In General.--Section 221(d) of the Immigration and Nationality
Act (8 U.S.C. 1201(d)) is amended--
(1) by striking ``(d)'' and inserting ``(d)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) Prior to the issuance of an immigrant visa to an alien that
is predicated on a biological relationship to a family member, the
consular officer shall require such alien to submit the results of DNA
testing in order to confirm that the purported biological relationship
is not inconsistent with the results.''.
(b) Authorization of Fees.--The Secretary of Homeland Security is
authorized to adjust the fees collected from aliens described in
section 221(d)(2) of the Immigration and Nationality Act, as added by
subsection (a)(2), in order to carry out such section.
(c) Testing Facilities.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall promulgate regulations
with respect to the facilities where DNA testing is authorized to be
performed, as required by section 221(d)(2) of the the Immigration and
Nationality Act, as added by subsection (a)(2).
TITLE III--DEMANDING UNIFORM ENFORCEMENT
Subtitle A--No Access; No Opportunity
SEC. 301. SENSE OF CONGRESS ON ROLE OF DEPARTMENT OF DEFENSE.
It is the sense of Congress that the Secretary of Defense should,
to the maximum extent possible--
(1) conduct training in conjunction with the United States
Border Patrol where the Department of Defense can perform a
supporting role; and
(2) conduct surveillance to act as a force multiplier for
the Border Patrol agents.
SEC. 302. USE OF ARMY AND AIR FORCE TO SECURE THE BORDERS.
Section 1385 of title 18, United States Code, is amended by
inserting after ``execute the laws'' the following: ``other than at or
near a border of the United States in order to prevent aliens,
terrorists, and drug smugglers from entering the United States''.
SEC. 303. ASSIGNMENT OF MEMBERS OF THE ARMED FORCES TO ASSIST UNITED
STATES CUSTOMS AND BORDER PROTECTION AND UNITED STATES
IMMIGRATION AND CUSTOMS ENFORCEMENT.
(a) Assignment Authority of Secretary of Defense.--Chapter 18 of
title 10, United States Code, is amended by inserting after section 374
the following new section:
``Sec. 374a. Assignment of members to assist border patrol and control
``(a) Assignment Authorized.--Upon submission of a request
consistent with subsection (b), the Secretary of Defense may assign
members of the Army, Navy, Air Force, and Marine Corps to assist the
Bureau of Customs and Border Protection and the United States
Immigration and Customs Enforcement of the Department of Homeland
Security--
``(1) in preventing the entry of terrorists, drug
traffickers, and illegal aliens into the United States; and
``(2) in the inspection of cargo, vehicles, and aircraft at
points of entry into the United States to prevent the entry of
weapons of mass destruction, components of weapons of mass
destruction, prohibited narcotics or drugs, or other terrorist
or drug trafficking items.
``(b) Request for Assignment.--The assignment of members under
subsection (a) may occur only if--
``(1) the assignment is at the request of the Secretary of
Homeland Security; and
``(2) the request is accompanied by a certification by the
Secretary of Homeland Security that the assignment of members
pursuant to the request is necessary to respond to a threat to
national security posed by the entry into the United States of
terrorists, drug traffickers, or illegal aliens.
``(c) Training Program Required.--The Secretary of Homeland
Security and the Secretary of Defense, shall establish a training
program to ensure that members receive general instruction regarding
issues affecting law enforcement in the border areas in which the
members may perform duties under an assignment under subsection (a). A
member may not be deployed at a border location pursuant to an
assignment under subsection (a) until the member has successfully
completed the training program.
``(d) Conditions of Use.--(1) Whenever a member who is assigned
under subsection (a) to assist the Bureau of Customs and Border
Protection or the United States Immigration and Customs Enforcement is
performing duties pursuant to the assignment, a civilian law
enforcement officer from the agency concerned shall accompany the
member.
``(2) Nothing in this section shall be construed to--
``(A) authorize a member assigned under subsection
(a) to conduct a search, seizure, or other similar law
enforcement activity or to make an arrest; and
``(B) supersede section 1385 of title 18 (popularly
known as the `Posse Comitatus Act').
``(e) Establishment of Ongoing Joint Task Forces.--(1) The
Secretary of Homeland Security may establish ongoing joint task forces
if the Secretary of Homeland Security determines that the joint task
force, and the assignment of members to the joint task force, is
necessary to respond to a threat to national security posed by the
entry into the United States of terrorists, drug traffickers, or
illegal aliens.
``(2) If established, the joint task force shall fully
comply with the standards as set forth in this section.
``(f) Notification Requirements.--The Secretary of Homeland
Security shall provide to the Governor of the State in which members
are to be deployed pursuant to an assignment under subsection (a) and
to local governments in the deployment area notification of the
deployment of the members to assist the Department of Homeland Security
under this section and the types of tasks to be performed by the
members.
``(g) Reimbursement Requirement.--Section 377 of this title shall
apply in the case of members assigned under subsection (a).''.
(b) Commencement of Training Program.--The training program
required by subsection (c) of section 374a of title 10, United States
Code, shall be established as soon as practicable after the date of the
enactment of this Act.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
374 the following new item:
``374a. Assignment of members to assist border patrol and control'''.
SEC. 304. CONSTRUCTION OF SECURE FENCE.
(a) In General.--The President shall provide for construction of
the secure fencing authorized under section 102(b) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1103 note).
(b) Use of Competitive Bidding.--In carrying out subsection (a),
the President shall provide for a competitive bidding process under
which a company is eligible to submit a bid if such company is
enrolled, before submitting such a bid, in the electronic employment
verification program under section 402 of such Act.
SEC. 305. REPORT BY SANDIA NATIONAL LABORATORIES CONCERNING BORDER
SECURITY.
(a) In General.--Not later than one year after the date of the
enactment of this Act, the head of Sandia National Laboratories shall
submit to Congress a report concerning recommendations for the
construction, establishment, or implementation of the most effective
combination of manpower and border infrastructure for the entire
international land border of the United States to prevent all unlawful
entries into the United States.
(b) Action by Congress.--Not later than 60 days after submission of
the report required under subsection (a), Congress shall conduct a vote
to determine whether or not to implement the recommendations set out in
such report.
SEC. 306. INCREASE IN FULL-TIME USCBP IMMIGRATION INSPECTORS.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 2,000 above the number funded in
fiscal year 2006 the number of full-time United States Customs and
Border Protection immigration inspectors by the end of fiscal year
2008. There are authorized to be appropriated such sums as may be
necessary for such additional resources for support personnel and
equipment for inspections as may be necessary to implement such an
increase in inspectors.
SEC. 307. INCREASE IN FULL-TIME USICE DETENTION AND REMOVAL OFFICERS.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 2,000 above the number funded in
fiscal year 2006 the number of full-time United States Immigration and
Customs Enforcement detention and removal officers by the end of the
fiscal year 2008. There are authorized to be appropriated such sums as
may be necessary for additional resources for support personnel and
equipment for detention and removals to implement such increase in
personnel.
SEC. 308. FUNCTIONS OF DETENTION AND REMOVAL OFFICERS.
Notwithstanding any other provision of law, detention and removal
officers of the Department of Homeland Security at the GS-9 and GS-11
levels are authorized to perform interior patrol functions, including
locating, detaining, and transporting aliens who have overstayed their
visas, alien absconders, and aliens apprehended by State or local
authorities.
SEC. 309. INCREASE IN USICE CRIMINAL INVESTIGATORS FOR BENEFITS FRAUD.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 500 above the number funded in
fiscal year 2006 the number of 1811-series criminal investigators to be
assigned to the benefits fraud unit in the United States Immigration
and Customs Enforcement to do benefits and false claims investigation
by the end of fiscal year 2008. There are authorized to be appropriated
such sums as may be necessary for related training and support.
SEC. 310. INCREASE IN ATTORNEYS FOR THE USICE LEGAL PROGRAM.
Subject to the availability of appropriations, the Secretary of
Homeland Security shall increase by 300 above the number funded in
fiscal year 2006 the number of attorneys for the United States
Immigration and Customs Enforcement Legal Program by the end of the
fiscal year 2008. There are authorized to be appropriated such sums as
may be necessary for related training and support.
SEC. 311. SUSPENSION OF VISA WAIVER PROGRAM.
(a) Suspension.--Notwithstanding any other provision of law, the
visa waiver program established under section 217 of the Immigration
and Nationality Act (8 U.S.C. 1187) is suspended until the Secretary of
Homeland Security determines and certifies to the Congress that--
(1) the automated entry-exit control system authorized
under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note), as
amended, is fully implemented and functional;
(2) all United States ports of entry have functional
biometric machine readers; and
(3) all nonimmigrants, including Border Crossing Card
holders, are processed through the automated entry-exit system.
(b) Repeal.--Subparagraph (B) of section 217(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is repealed.
SEC. 312. CIVIL AND CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE.
(a) Aliens Unlawfully Present.--Title II of the Immigration and
Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting after
section 275 the following new section:
``criminal penalties and forfeiture for unlawful presence in the united
states
``Sec. 275A. (a) In addition to any other violation, an alien
present in the United States in violation of this Act shall be guilty
of a felony and shall be fined under title 18, United States Code,
imprisoned not less than 1 year, or both. The assets of any alien
present in the United States in violation of this Act shall be subject
to forfeiture under title 18, United States Code.
``(b) It shall be an affirmative defense to a violation of
subsection (a) that the alien overstayed the time allotted under the
visa due to an exceptional and extremely unusual hardship or physical
illness that prevented the alien from leaving the United States by the
required date.''.
(b) Increase in Criminal Penalties for Illegal Entry.--Section
275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is
amended by striking ``not more than 6 months,'' and inserting ``not
less than 1 year,''.
SEC. 313. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the NCIC.--Not later than 180 days
after the date of the 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 on
all aliens against whom a final order of removal has been issued, all
aliens who have signed a voluntary departure agreement, and all aliens
who have overstayed their visa. Such information shall be provided to
the National Crime Information Center regardless of whether or not the
alien received notice of a final order of removal and even if the alien
has already been removed.
(b) Inclusion of Information in the NCIC 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 or not the alien has received notice of
the violation and even if the alien has already been removed;
and''.
(c) State and Local Law Enforcement Provision of Information About
Apprehended Illegal Aliens.--
(1) Provision of information.--
(A) In general.--In order to receive funds under
the State Criminal Alien Assistance Program described
in section 241(i) of the Immigration and Nationality
Act (8 U.S.C. 1231(i)), States and localities shall
provide to the Department of Homeland Security the
information listed in subsection (b) on each alien
apprehended in the jurisdiction of the State or
locality who is believed to be in violation of an
immigration law of the United States.
(B) Time limitation.--Not later than 10 days after
an alien described in paragraph (1) is apprehended,
information required to be provided under paragraph (1)
shall be provided in such form and in such manner as
the Secretary of Homeland Security may, by regulation
or guideline, require.
(2) Information required.--The information listed in this
subsection is as follows:
(A) The alien's name.
(B) The alien's address or place of residence.
(C) A physical description of the alien.
(D) The date, time, and location of the encounter
with the alien and reason for stopping, detaining,
apprehending, or arresting the alien.
(E) If applicable, the alien's driver's license
number and the State of issuance of such license.
(F) 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.
(G) If applicable, the license plate number, make,
and model of any automobile registered to, or driven
by, the alien.
(H) A photo of the alien, if available or readily
obtainable.
(I) The alien's fingerprints, if available or
readily obtainable.
(3) Reimbursement.--The Department 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.
(4) Authorization of appropriations.--There is authorized
to be appropriated such sums as necessary to carry out this
Act.
(d) Forgery of Federal Documents.--
(1) In general.--Chapter 25 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 515. Federal records, documents, and writings, generally
``Any person who--
``(1) falsely makes, alters, forges, or counterfeits any
Federal record, Federal document, Federal writing, or record,
document, or writing characterizing, or purporting to
characterize, official Federal activity, service, contract,
obligation, duty, property, or chose;
``(2) utters or publishes as true, or possesses with intent
to utter or publish as true, any record, document, or writing
described in paragraph (1), knowing, or negligently failing to
know, that such record, document, or writing has not been
verified, has been inconclusively verified, is unable to be
verified, or is false, altered, forged, or counterfeited;
``(3) transmits to, or presents at any office, or to any
officer, of the United States, any records, document, or
writing described in paragraph (1), knowing, or negligently
failing to know, that such record, document, or writing has not
been verified, has been inconclusively verified, in unable to
be verified, or is false, altered, forged, or counterfeited;
``(4) attempts, or conspires to commit, any of the acts
described in paragraphs (1) through (3); or
``(5) while outside of the United States, engages in any of
the acts described in paragraphs (1) through (3),
shall be fined under this title, imprisoned not more than 10 years, or
both.''.
(2) Clerical amendment.--The table of contents for chapter
25, of title 18, United States Code, is amended by inserting
after the item relating to section 415 the following:
``515. Federal records, documents, and writing, generally''.
SEC. 314. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD, BENEFIT
FRAUD, AND FALSE CLAIMS OF CITIZENSHIP.
(a) Penalties for Document Fraud.--Section 274C(d)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) is amended--
(1) in subparagraph (A), by striking ``$250 and not more
than $2,000'' and inserting ``$500 and not more than $4,000'';
and
(2) in subparagraph (B), by striking ``$2,000 and not more
than $5,000'' and inserting ``$4,000 and not more than
$10,000''.
(b) Fraud and False Statements.--Chapter 47 of title 18, United
States Code, is amended
(1) in section 1015, by striking ``five years'' and
inserting ``10 years''; and
(2) in section 1028(b)--
(A) in paragraph (1), by striking ``15 years'' and
inserting ``20 years'';
(B) in paragraph (2), by striking ``three years''
and inserting ``six years'';
(C) in paragraph (3), by striking ``20 years'' and
inserting ``25 years''; and
(D) in paragraph (6), by striking ``one year'' and
inserting ``two years''.
SEC. 315. IDENTIFICATION STANDARD FOR FEDERAL BENEFITS.
(a) Federal Agencies.--No department, agency, commission, other
entity, or employee of the Federal Government may accept, recognize, or
rely on (or authorize the acceptance or recognition of or reliance on)
for the purpose of establishing identity any document except those
described in subsection (c).
(b) State and Local Agencies.--No department, agency, commission,
other entity, or employee of a State or local government charged with
providing or approving applications for public benefits or services
funded in whole or in part with Federal funds may accept, recognize, or
rely on (or authorize the acceptance or recognition of or reliance on)
for the purpose of establishing identity any document except those
described in subsection (c).
(c) Documents Described.--Documents described in this subsection
are limited to--
(1)(A) Valid, unexpired United States passports,
immigration documents, and other identity documents issued by a
Federal authority.
(B) Individual taxpayer identification numbers issued by
the Internal Revenue Service shall not be considered identity
documents for purposes of subparagraph (A).
(2) Valid, unexpired identity documents issued by a State
or local authority if--
(A) the State or local authority statutorily bars
issuance of such identity documents to aliens
unlawfully present in the United States; and
(B) the State or local authority requires
independent verification of records provided by the
applicant in support of the application for such
identity documents.
(3) Valid, unexpired foreign passports, if such passports
include or are accompanied by proof of lawful presence in the
United States.
SEC. 316. FINGERPRINTING OF APPLICANTS FOR UNITED STATES PASSPORTS.
Section 1 of title IX of the Act of June 15, 1917 (22 U.S.C. 213)
is amended--
(1) by inserting ``(a)'' before ``Before a passport'';
(2) by adding at the end the following new subsection:
``(b) No new or replacement United States passport may be issued to
any applicant on or after January 1, 2008, unless--
``(1) the applicant has been fingerprinted electronically;
and
``(2) the applicant's fingerprints have been checked
against the National Crime Information Center database of the
Federal Bureau of Investigation.''.
SEC. 317. VISA TERM COMPLIANCE BONDS.
(a) Definitions.--For purposes of this section:
(1) Visa term compliance bond.--The term ``visa term
compliance bond'' means a written suretyship undertaking
entered into by an alien individual seeking admission to the
United States on a nonimmigrant visa whose performance is
guaranteed by a bail agent.
(2) Suretyship undertaking.--The term ``suretyship
undertaking'' means a written agreement, executed by a bail
agent, which binds all parties to its certain terms and
conditions and which provides obligations for the visa
applicant while under the bond and penalties for forfeiture to
ensure the obligations of the principal under the agreement.
(3) Bail agent.--The term ``bail agent'' means any
individual properly licensed, approved, and appointed by power
of attorney to execute or countersign bail bonds in connection
with judicial proceedings and who receives a premium.
(4) Surety.--The term ``surety'' means an entity, as
defined by, and that is in compliance with, sections 9304
through 9308 of title 31, United States Code, that agrees--
(A) to guarantee the performance, where
appropriate, of the principal under a visa term
compliance bond;
(B) to perform as required in the event of a
forfeiture; and
(C) to pay over the principal (penal) sum of the
bond for failure to perform.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Issuance of Bond.--A consular officer may require an applicant
for a nonimmigrant visa, as a condition for granting such application,
to obtain a visa term compliance bond.
(c) Validity, Expiration, Renewal, and Cancellation of Bonds.--
(1) Validity.--A visa term compliance bond undertaking is
valid if it--
(A) states the full, correct, and proper name of
the alien principal;
(B) states the amount of the bond;
(C) is guaranteed by a surety and countersigned by
an attorney-in-fact who is properly appointed;
(D) is an original signed document;
(E) is filed with the Secretary of Homeland
Security along with the original application for a
visa; and
(F) is not executed by electronic means.
(2) Expiration.--A visa term compliance bond undertaking
shall expire at the earliest of--
(A) 1 year after the date of issue;
(B) at the expiration, cancellation, or surrender
of the visa; or
(C) immediately upon nonpayment of the premium.
(3) Renewal.--A visa term compliance may be renewed
annually with payment of proper premium at the option of the
bail agent or surety, but only if there has been no breech of
conditions, default, claim, or forfeiture of the bond.
(4) Cancellation.--A visa term compliance bond shall be
canceled and the surety and bail agent exonerated--
(A) for nonrenewal;
(B) if the surety or bail agent provides reasonable
evidence that there was misrepresentation or fraud in
the application for the bond;
(C) upon termination of the visa;
(D) upon death, incarceration of the principal, or
the inability of the surety to produce the principal
for medical reasons;
(E) if the principal is detained in any city,
State, country, or political subdivision thereof;
(F) if the principal departs from the United States
for any reason without permission of the Secretary of
Homeland Security and the surety or bail agent; or
(G) if the principal is surrendered by the surety.
(5) Effect of expiration or cancellation.--When a visa term
compliance bond expires without being immediately renewed, or
is canceled, the nonimmigrant status of the alien shall be
revoked immediately.
(6) Surrender of principal; forfeiture of bond premium.--
(A) Surrender.--At any time before a breach of any
of the conditions of a visa term compliance bond, the
surety or bail agent may surrender the principal, or
the principal may surrender, to any United States
Immigration and Customs Enforcement or United States
Customs and Border Protection office or facility.
(B) Forfeiture of bond premium.--A principal may be
surrendered without the return of any bond premium if
the visa holder--
(i) changes address without notifying the
surety or bail agent and the Secretary of
Homeland Security in writing at least 60 days
prior to such change;
(ii) changes schools, jobs, or occupations
without written permission of the surety, bail
agent, and the Secretary;
(iii) conceals himself or herself;
(iv) fails to report to the Secretary as
required at least annually; or
(v) violates the contract with the bail
agent or surety, commits any act that may lead
to a breech of the bond, or otherwise violates
any other obligation or condition of the visa
established by the Secretary.
(7) Certified copy of undertaking or warrant to accompany
surrender.--
(A) In general.--A person desiring to make a
surrender of the visa holder--
(i) shall have the right to petition any
Federal court for an arrest warrant for the
arrest of the visa holder;
(ii) shall forthwith be provided a
certified copy of the arrest warrant and the
undertaking; and
(iii) shall have the right to pursue,
apprehend, detain, and deliver the visa holder,
together with the certified copy of the arrest
warrant and the undertaking, to any official or
facility of the United States Immigration and
Customs Enforcement or of United States Customs
and Border Protection or any detention facility
authorized to hold Federal detainees.
(B) Effects of delivery.--Upon delivery of a person
under subparagraph (A)(iii)--
(i) the official to whom the delivery is
made shall detain the visa holder in custody
and issue a written certificate of surrender;
and
(ii) the court issuing the warrant
described in subparagraph (A)(i) and the
Secretary of Homeland Security shall
immediately exonerate the surety and bail agent
from any further liability on the bond.
(8) Form of bond.--A visa term compliance bond shall in all
cases state the following and be secured by a surety:
(A) Breach of bond; procedure; forfeiture;
notice.--
(i) In general.--If a visa holder violates
any conditions of the visa or the visa bond the
Secretary shall--
(I) order the visa canceled;
(II) immediately obtain a warrant
for the visa holder's arrest;
(III) order the bail agent and
surety to take the visa holder into
custody and surrender the visa holder
to the Secretary; and
(IV) mail notice to the bail agent
and surety via certified mail return
receipt at each of the addresses in the
bond.
(ii) Access.--A bail agent or surety shall
have full and complete access to all
information, electronic or otherwise, in the
care, custody, and control of the United States
Government or any State or local government or
any subsidiary or police agency thereof
regarding the visa holder needed to comply with
[section 213 of the REAL GUEST Act of 2007]
[???] that the court issuing the warrant
believes is crucial in locating the visa
holder.
(iii) Arrest; detainer.--If the visa holder
is later arrested, detained, or otherwise
located outside the United States and the
outlying possessions of the United States (as
defined in section 101(a) of the Immigration
and Nationality Act), the Secretary shall--
(I) order that the bail agent and
surety are completely exonerated, and
the bond canceled and terminated; and
(II) if the Secretary has issued an
order under clause (i), the surety may
request, by written, properly filed
motion, reinstatement of the bond.
Subclause (II) may not be construed to prevent
the Secretary from revoking or resetting a
higher bond.
(iv) Actions.--If a visa holder violates
any conditions of the visa or the visa bond the
bail agent or surety shall--
(I) produce the visa bond holder;
or
(II)(aa) prove within 180 days that
producing the bond holder was
prevented--
(AA) by the bond holder's
illness or death;
(BB) because the bond
holder is detained in custody
in any city, State, country, or
political subdivision thereof;
(CC) because the bond
holder has left the United
States or its outlying
possessions (as defined in
section 101(a) of the
Immigration and Nationality Act
(8 U.S.C. 1101(a)); or
(DD) because required
notice was not given to the
bail agent or surety; and
(bb) prove within 180 days that the
inability to produce the bond holder
was not with the consent or connivance
of the bail agent or sureties.
(v) Assessment of penalty within 60 days.--
If the bail agent or surety does not comply
with the terms of this bond within 60 days
after the mailing of the notice required under
clause (i)(IV), a portion of the face value of
the bond shall be assessed as a penalty against
the surety.
(vi) Assessment of penalty between 60 and
90 days.--If compliance occurs more than 60
days but no more than 90 days after the mailing
of such notice, the amount assessed shall be
one-third of the face value of the bond.
(vii) Assessment of penalty between 90 and
180 days.--If compliance occurs more than 90
days, but no more than 180 days, after the
mailing of such notice, the amount assessed
shall be two-thirds of the face value of the
bond.
(viii) Assessment of penalty greater than
180 days.--If compliance does not occur within
180 days after the mailing of such notice, the
amount assessed shall be 100 percent of the
face value of the bond.
(ix) Payment terms.--All penalty fees shall
be paid by the surety within 45 days after the
end of such 180-day period.
(B) Waiver.--The Secretary may waive the penalty
fees or extend the period for payment or both under
subparagraph (A), if--
(i) a written request is filed with the
Secretary; and
(ii) the bail agent or surety provides
evidence satisfactory to the Secretary that
diligent efforts were made to effect compliance
of the visa holder.
(C) Compliance; exoneration; limitation of
liability.--
(i) Compliance.--The bail agent or surety
shall have the absolute right to locate,
apprehend, arrest, detain, and surrender any
visa holder, wherever the visa holder may be
found, who violates any of the terms and
conditions of the visa or bond.
(ii) Exoneration.--Upon satisfying any of
the requirements of the bond, the surety shall
be completely exonerated.
(iii) Limitation of liability.--The total
liability on any undertaking shall not exceed
the face amount of the bond.
SEC. 318. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.
Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1226(a)(2)) is amended to read as follows:
``(2) subject to section 241(a)(8), may release the alien
on bond of at least $10,000, with security approved by, and
containing conditions prescribed by, the Secretary of Homeland
Security, but the Secretary shall not release the alien on or
to the alien's own recognizance unless an order of an
immigration judge expressly finds that the alien is not a
flight risk and is not a threat to the United States; and''.
SEC. 319. DETENTION OF ALIENS DELIVERED BY BONDSMEN.
(a) In General.--Section 241(a) of the Immigration and Nationality
Act (8 U.S.C. 1231(a)) is amended by adding at the end the following:
``(8) Effect of production of alien by bondsman.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security shall take into custody any alien subject to
a final order of removal, and cancel any bond previously posted
for the alien, if the alien is produced within the prescribed
time limit by the obligor on the bond. The obligor on the bond
shall be deemed to have substantially performed all conditions
imposed by the terms of the bond, and shall be released from
liability on the bond, if the alien is produced within such
time limit.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply to
all immigration bonds posted before, on, or after such date.
SEC. 320. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT
OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.
(a) Applications for Social Security Account Numbers.--Section
205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C.
405(c)(2)(B)(ii)) is amended
(1) by inserting ``(I)'' after ``(ii)''; and
(2) by adding at the end the following new subclause:
``(II) With respect to an application for a social security account
number for an individual, other than for purposes of enumeration at
birth, the Commissioner of Social Security shall require independent
verification of any birth record provided by the applicant in support
of the application.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to applications filed more than 180 days after the
date of the enactment of this Act.
SEC. 321. BIRTH CERTIFICATES.
(a) Applicability of Minimum Standards to Local Governments.--The
minimum standards in this section applicable to birth certificates
issued by a State shall also 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.
(b) Minimum Standards for Federal Recognition.--
(1) Minimum standards for federal use.--
(A) In general.--Beginning 3 years after the date
of the enactment of this Act, 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.
(B) 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.
(2) Minimum document standards.--To meet the requirements
of this section, a State shall include, on each birth
certificate issued to a person by the State, the use of safety
paper, the seal of the issuing custodian of record, and such
other features as the Secretary of Homeland Security may
determine necessary to prevent tampering, counterfeiting, and
otherwise duplicating the birth certificate for fraudulent
purposes. The Secretary may not require a single design to
which birth certificates issued by all States must conform.
(3) Minimum issuance standards.--
(A) In general.--To meet the requirements of this
section, a State shall require and verify the following
information from the requestor before issuing an
authenticated copy of a birth certificate:
(i) The name on the birth certificate.
(ii) The date and location of the birth.
(iii) The mother's maiden name.
(iv) Substantial proof of the requestor's
identity.
(B) Issuance to persons not named on birth
certificate.--To meet the requirements of this section,
in the case of a request by a person who is not named
on the birth certificate, a State must require the
presentation of legal authorization to request the
birth certificate before issuance.
(C) Issuance to family members.--Not later than one
year after the date of the enactment of this Act, the
Secretary of Homeland Security, in consultation with
the Secretary of Health and Human Services and the
States, 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 clauses (i) through (iii) of subparagraph
(A) in exceptional circumstances, such as the
incapacitation of the registrant.
(E) Applications by electronic means.--To meet the
requirements of this section, for applications by
electronic means, through the mail or by phone or fax,
a State shall employ third party verification, or
equivalent verification, of the identity of the
requestor.
(F) Verification of documents.--To meet the
requirements of this section, a State shall verify the
documents used to provide proof of identity of the
requestor.
(4) Other requirements.--To meet the requirements of this
section, a State shall adopt, at a minimum, the following
practices in the issuance and administration of birth
certificates:
(A) Establish and implement minimum building
security standards for State and local vital record
offices.
(B) 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.
(C) Subject all persons with access to vital
records to appropriate security clearance requirements.
(D) Establish fraudulent document recognition
training programs for appropriate employees engaged in
the issuance process.
(E) Establish and implement internal operating
system standards for paper and for electronic systems.
(F) 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.
(G) 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''.
(H) Cooperate with the Secretary of Homeland
Security in the implementation of electronic
verification of vital events under subsection (d).
(c) Establishment of Electronic Birth and Death Registration
Systems.--In consultation with the Secretary of Health and Human
Services and the Commissioner of Social Security, the Secretary of
Homeland Security shall take the following actions:
(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 1 year after the date of the enactment
of this Act, 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.
(7) Not later than 1 year after the date of the enactment
of this Act, 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.
(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 requestors who are
not the registrants.
(9) Not later than 6 months after the date of the enactment
of this Act, submit to Congress a report 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.
(d) Electronic Verification of Vital Events.--
(1) Lead agency.--The Secretary of Homeland Security shall
lead the implementation of electronic verification of a
person's birth and death.
(2) Regulations.--In carrying out paragraph (1), 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 United
States to verify the contents of a paper birth certificate.
Pursuant to the regulations, an electronic response from the
participating vital records jurisdiction as to whether there is
a birth record in 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 the enactment of this Act.
(e) Grants to States.--
(1) In general.--The Secretary of Homeland Security may
make grants to States to assist the States in conforming to the
minimum standards set forth in this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security for
each of the fiscal years 2008 through 2011 such sums as may be
necessary to carry out this section.
(f) Authority.--
(1) Participation with federal agencies and 25 states.--All
authority to issue regulations, certify standards, and issue
grants under this section shall be carried out by the Secretary
of Homeland Security, with the concurrence of the Secretary of
Health and Human Services and in consultation with State vital
statistics offices and appropriate Federal agencies.
(2) Extensions of deadlines.--The Secretary of Homeland
Security may grant to a State an extension of time to meet the
requirements of subsection (b)(1)(A) if the State provides
adequate justification for noncompliance.
(g) Repeal.--Section 7211 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) is repealed.
SEC. 322. MAXIMUM PERIOD OF VALIDITY FOR STATE LICENSES AND
IDENTIFICATION DOCUMENTS.
Section 202(d)(10) of the REAL ID Act of 2005 (division B of Public
Law 109-13) is amended by striking ``8 years'' and inserting ``5
years''.
SEC. 323. NO PREEMPTION OF CERTAIN STATE AND LOCAL LAWS REGARDING
EMPLOYMENT ELIGIBILITY VERIFICATION REQUIREMENTS.
(a) In General.--Paragraph (2) of section 274A(h) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended to read
as follows:
``(2) No preemption.--The provisions of this section shall
not preempt any State or local law that imposes--
``(A) employment eligibility verification
requirements imposed upon employers or employees
consistent with or in addition to the employment
eligibility verification requirements under this
section;
``(B) civil or criminal penalties for violation of
such State or local employment eligibility verification
requirements;
``(C) civil or criminal penalties for acts
prohibited in this section;
``(D) licensing sanctions for violation of such
State or local employment eligibility verification
requirements;
``(E) licensing sanctions for acts prohibited in
this section; or
``(F) limitations on the right of a private party
to sue for up to treble damages.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and shall apply as
of such date to all applicable State or local laws that were enacted
before, on, or after such date.
Subtitle B--Reversing Unlawful Migration
SEC. 331. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.
(a) Renaming of Basic Pilot Program.--The basic pilot program
established under section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note) is hereby renamed the ``Employment Authorization
Status Instant Check'' or ``EASI Check'' system.
(b) Permanent Operation of the Program.--The EASI Check system
shall continue in operation permanently and shall not terminate.
(c) Mandatory Use of EASI Check System.--
(1) In general.--Subject to paragraphs (2) and (3), every
person or other entity that hires one or more individuals for
employment in the United States shall verify through the EASI
Check system that each such individual is authorized to work in
the United States.
(2) Select entities required to use easi check system
immediately.--The following entities shall satisfy the
requirement in paragraph (1) by not later than one year after
the date of the enactment of this Act:
(A) Federal agencies.--Each department and agency
of the Federal Government;
(B) Federal contractors.--A contractor that--
(i) has entered into a contract with the
Federal Government to which section 2(b)(1) of
the Service Contract Act of 1965 (41 U.S.C.
351(b)(1)) applies, and any subcontractor under
such contract; or
(ii) has entered into a contract exempted
from the application of such Act by section 6
of such Act (41 U.S.C. 356), and any
subcontractor under such contract.
(C) Larger employers in certain industries.--An
employer that employs more than 50 individuals in the
United States in any of the following industries, as
defined by the Secretary of Labor:
(i) Agriculture.
(ii) Meat packing.
(iii) Construction.
(iv) Leisure and hospitality.
(3) Phasing-in for other employers.--
(A) Two years for employers of 20 or more.--
Entities that employ 20 or more individuals in the
United States in any industry shall satisfy the
requirement in paragraph (1) by not later than two
years after the date of the enactment of this Act.
(B) Three years for all employers.--All entities
that employ one or more individuals in the United
States shall satisfy the requirement in paragraph (1)
by not later than three years after the date of the
enactment of this Act.
(4) Verifying employment authorization of current
employees.--Every person or other entity that employs one or
more persons in the United States shall verify through the EASI
Check system by no later than four years after the date of the
enactment of this Act that each employee is authorized to work
in the United States.
(5) Defense.--An employer who establishes that the employer
complied in good faith with the requirements in paragraphs (1)
and (4) shall not be liable for hiring an unauthorized alien,
if--
(A) such hiring occurred due to an error in the
EASI Check system that was unknown to the employer at
the time of such hiring; and
(B) the employer terminates the employment of the
alien upon being informed of the error.
(6) Sanctions for noncompliance.--The failure of an
employer to comply with the requirements in paragraph (1) or
(4) shall--
(A) be treated as a violation of section
274A(a)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1324a(a)(1)(B)) with respect to each individual
whose employment authorization status was not verified;
and
(B) create a rebuttable presumption that the
employer has violated section 274A(a)(1)(A) of such
Act.
(7) Voluntary participation of employers not immediately
subject to requirement.--Nothing in this subsection shall be
construed as preventing a person or other entity that is not
immediately subject to the requirement of paragraph (1)
pursuant to paragraph (2) or (3) from voluntarily using the
EASI Check system to verify the employment authorization of new
hires, current employees, or both.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be required to carry out this section.
SEC. 332. EMPLOYER SANCTIONS.
(a) Increase in Penalty for Violations.--Subsection 274A(e)(4) of
the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended--
(1) in subparagraph (A)(i), by striking ``not less than
$250 and not more than $2,000'' and inserting ``$5,000'';
(2) in subparagraph (A)(ii), by striking ``not less than
$2,000 and not more than $5,000'' and inserting ``$10,000'';
(3) in subparagraph (A)(iii), by striking ``not less than
$3,000 and not more than $10,000'' and inserting ``$25,000'';
and
(4) in subparagraph (B), by striking clause (i) and
redesignating clause (ii) as clause (i).
(b) Enforcement Through Limitation on H Nonimmigrant Petitions.--
Subsection 274A(e) of such Act (8 U.S.C. 1324a(e)) is further amended
by adding at the end the following:
``(10) Limitation on h nonimmigrant petitions.--Any person
or entity found in violation of subsection (a)(1)(A) or (a)(2)
shall be ineligible for a period of 5 years following the first
offense, and permanently following the second offense, to
petition for a nonimmigrant described in section
101(a)(15)(H).''.
(c) Increase in Criminal Penalty.--Section 274A(f)(1) of such Act
(8 U.S.C. 1324a(f)(1)) is amended to read as follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a)(1)(A)
or (a)(2) shall be fined not more than $25,000 for each
unauthorized alien with respect to whom such a violation
occurs, imprisoned for not less than one year, or both,
notwithstanding the provisions of any other Federal law
relating to fine levels.''.
SEC. 333. LIMITED DURATION SOCIAL SECURITY ACCOUNT NUMBERS FOR
NONIMMIGRANTS.
(a) Temporary Social Security Cards for Nonimmigrants.--Section
205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is
amended by inserting after the first sentence the following: ``Social
security cards issued to aliens who are not lawful permanent residents,
but who are authorized to engage in employment in the United States,
shall bear on their face an expiration date that coincides with the
expiration of the alien's permission to be employed in the United
States. The social security account numbers on such cards shall not be
valid to prove work authorization, either through the EASI Check system
or otherwise, following their expiration.''.
(b) Timing of Issuance to Aliens.--Subclause (I) of section
205(c)(2)(B)(i) of the Social Security Act (42 U.S.C.
405(c)(2)(B)(i)(I)) is amended to read as follows:
``(I) to aliens at the time of their lawful admission to
the United States for or adjustment of status to--
``(aa) permanent residence; or
``(bb) temporary or other short-term residence in a
category that permits them to engage in employment in
the United States, except that these aliens shall be
issued the social security cards described in the
second sentence of subparagraph (G);''.
SEC. 334. MANDATORY NOTIFICATION OF SOCIAL SECURITY ACCOUNT NUMBER
MISMATCHES AND MULTIPLE USES.
(a) Notification of Mismatched Name and Social Security Account
Number.--The Commissioner of Social Security shall notify on an annual
basis each United States employer with one or more employees whose
social security account number does not match the employee's name or
date of birth in the Commissioner's records. Such notification shall
instruct employers to notify listed employees that they have 10
business days to correct the mismatch with the Social Security
Administration or the employer will be required to terminate their
employment. The notification also shall inform employers that they may
not terminate listed employees prior to the close of the 10-day period.
(b) Notification of Multiple Uses of Individual Social Security
Account Numbers.--Prior to crediting any individual with concurrent
earnings from more than one employer, the Commissioner of Social
Security shall notify the individual that earnings from two or more
employers are being reported under the individual's social security
account number. Such notice shall include, at a minimum, the name and
location of each employer and shall direct the individual to contact
the Social Security Administration to present proof that the individual
is the person to whom the social security account number was issued
and, if applicable, to present a pay stub or other documentation
showing that such individual is employed by both or all employers
reporting earnings to that social security account number.
SEC. 335. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED WHILE UNLAWFULLY
PRESENT.
Sections 214(c)(1) and 223(a)(1)(C)(i) of the Social Security Act
(42 U.S.C. 414(c)(1), 423(a)(1)(C)(i)), as added by section 211 of the
Social Security Protection Act of 2004 (Public Law 108-203), are each
amended by striking ``at the time of assignment, or at any later time''
and inserting ``at the time any such quarters of coverage are earned''.
SEC. 336. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.
(a) Modified IT IN Format and Lawful Presence Requirement.--
(1) In general.--Section 6109(c) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(c) Requirement of Information.--
``(1) In general.--For purposes of this section, the
Secretary is authorized to require such information as may be
necessary to assign an identifying number of any person.
``(2) Separate from social security account numbers.--Any
identifying number assigned by the Secretary shall be comprised
of a sequence of numerals and dashes that is visually
distinguishable from and will not be mistaken for a social
security account number.
``(3) Verification of status for aliens.--Prior to issuing
any identifying number, the Secretary shall verify with the
Department of Homeland Security that the applicant for such
number is lawfully present in the United States.''.
(2) Effective date.--Section 6109(c)(2) of the Internal
Revenue Code of 1986, as amended by paragraph (1), shall take
effect not later than 30 days after the date of the enactment
of this Act.
(b) Information Sharing.--
(1) In general.--Section 6103(i)(3) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subparagraph:
``(D) Possible violations of federal immigration
law.--The Secretary shall disclose in electronic format
to the Secretary of Homeland Security the taxpayer
identity (as defined in subsection (b)(6)) of each
taxpayer who has been assigned an individual taxpayer
identification number. The Secretary of Homeland
Security may disclose such information to officers and
employees of the Department to the extent necessary to
enforce Federal immigration laws.''
(2) Effective date.--The Secretary of the Treasury shall
disclose information under the amendment made by paragraph (1)
not later than 60 days after the date of the enactment of this
Act.
SEC. 337. LIMITED ELIGIBILITY FOR TAX CREDITS AND REFUNDS.
Notwithstanding any other provision of law, an individual who
submits to the Internal Revenue Service an income tax return that
relies on an individual taxpayer identification number in lieu of a
social security account number shall not be eligible for any tax credit
or refund, including the earned income tax credit under section 32 of
the Internal Revenue Code of 1986.
SEC. 338. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.
(a) Most Egregious Noncompliant Employers.--Section 6721 of the
Internal Revenue Code is amended--
(1) by striking subsections (b), (c), and (d);
(2) by redesignating subsection (e) as subsection (b); and
(3) by adding at the end the following new subsection:
``(c) Penalty for Egregious Noncompliance Employers.--The Secretary
shall assess the maximum allowable penalties on each employer
designated in any taxable year by the Social Security Administration as
one of the most egregious non-compliant employers.''.
(b) Standard Compliance Program.--
(1) In general.--No later than 60 days after the date of
the enactment of this Act, the Secretary of the Treasury, in
consultation with the Commissioner of Social Security and the
Secretary of Homeland Security, shall implement a regularly
scheduled program for proposing, assessing, and collecting
penalties from the filers of incorrect information returns
under the Internal Revenue Code of 1986.
(2) Report.--The Secretary of the Treasury shall report to
Congress not later than 180 days after the date of the
enactment of this Act on the results of the program required in
paragraph (1). Such report shall include at least the
following:
(A) The total number of filers who submitted
incorrect information returns.
(B) The number of incorrect information returns
submitted by such filers.
(C) The total amount of penalties proposed,
assessed and collected through the program.
(D) The number of waivers granted to filers of
incorrect information returns.
SEC. 339. ADJUSTMENT OF STATUS.
Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255)
is amended--
(1) by striking subsections (a) through (i) and subsection
(k);
(2) by redesignating subsection (j) as subsection (b);
(3) in subsection (l)--
(A) in paragraph (1), by striking ``, in the
opinion of the Attorney General,'';
(B) in paragraph (1)(C)(ii), by striking ``, or''
and inserting ``, and'';
(C) in paragraph (4), by striking ``may waive'' and
all that follows and inserting ``may waive the
application of paragraphs (1) and (4) of section
212(a)'';
(D) in paragraph (5), by inserting before the
period at the end the following: ``and the Secretary of
State shall reduce by one the number of visas
authorized to be issued under sections 201(e) and
203(c) for the fiscal year then current''; and
(E) by redesignating subsection (l) as subsection
(c);
(4) in subsection (m)--
(A) by amending paragraph (1)(B) to read as
follows:
``(B) the alien would suffer extreme hardship if
removed from the United States.'';
(B) in paragraph (4), by inserting before the
period at the end the following: ``and the Secretary of
State shall reduce by one the number of visas
authorized to be issued under sections 201(c) and
203(a)(4) for the fiscal year then current''; and
(C) by redesignating subsection (m) as subsection
(d);
(5) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(6) by inserting before subsection (b) (as so redesignated)
the following:
``(a) In General.--The Secretary of Homeland Security may not
adjust the status of any alien to that of an alien lawfully admitted
for permanent residence except as authorized by subsections (b), (c),
and (d) of this section and by section 209.''.
SEC. 340. REVOCATION OF TEMPORARY STATUS.
(a) Termination of Asylum.--Section 208(c)(2) of the Immigration
and Nationality Act (8 U.S.C. 1158(c)(2)) is amended by striking ``may
be terminated if the Attorney General'' and inserting ``shall be
terminated if the Secretary of Homeland Security''.
(b) Aliens Eligible for Temporary Protected Status.--Section 244(c)
of such Act (8 U.S.C. 1254a(c)) is amended--
(1) in paragraph (3)(B)--
(A) by striking ``except as provided in paragraph
(4) and permitted in subsection (f)(3),''; and
(B) by inserting before the comma at the end the
following: ``, except where a brief trip abroad is
required by emergency and is authorized prior to the
alien's travel by the Secretary of Homeland Security or
is due to extenuating circumstances outside the control
of the alien''; and
(2) by striking paragraph (4) and redesignating paragraphs
(5) and (6) as paragraphs (4) and (5), respectively.
(c) Benefits and Status During Period of Temporary Protected
Status.--Section 244(f) of such Act (8 U.S.C. 1254a(f)) is amended--
(1) by adding ``and'' at the end of paragraph (2);
(2) by striking paragraph (3); and
(3) by redesignating paragraph (4) as paragraph (3).
SEC. 341. REPEAL OF AMNESTY PROVISION.
(a) In General.--Section 249 of the Immigration and Nationality Act
(8 U.S.C. 1259) is repealed.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by striking the item relating to section
249.
SEC. 342. PENALTIES FOR VIOLATIONS OF FEDERAL IMMIGRATION LAWS BY
STATES AND LOCALITIES.
(a) Preferential Treatment of Aliens Not Lawfully Present for
Higher Education Benefits.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (Pub. Law 104-208) is
amended--
(1) in subsection (a), by inserting ``or graduation from a
high school in the United States'' after ``on the basis of
residence''; and
(2) by adding at the end the following:
``(c) Annual Report.--The Attorney General shall report annually to
Congress on which, if any, post-secondary educational institutions are
providing benefits in contravention of this section.
``(d) Limitation on Federal Financial Assistance.--No Federal
agency shall provide any grant, reimbursement, or other financial
assistance to any post-secondary educational institution determined
under subsection (c) to be providing benefits in contravention of this
section. Any funds withheld under this subsection shall be reallocated
among qualifying educational institutions that are in compliance with
subsection (a).''.
(b) Non-Cooperation by States and Localities.--Section 241(i) of
the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by
adding at the end the following:
``(7) Prior to entering into a contractual arrangement with
a State or political subdivision under paragraph (1), the
Attorney General shall determine whether such State or
political subdivision of a State has in place any formal or
informal policy that violates section 642 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1373). The Attorney General shall not enter into a
contractual arrangement with, or allocate any of the funds made
available under this section to, any State or political
subdivision of a State with a policy that violates such
section.''.
SEC. 343. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW
ENFORCEMENT.
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 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),
in the enforcement of the immigration laws of the United States. This
State authority has never been displaced or preempted by Congress.
SEC. 344. USICE RESPONSE TO REQUESTS FOR ASSISTANCE FROM STATE AND
LOCAL LAW ENFORCEMENT.
(a) In General.--Title II of the Immigration and Nationality Act (8
U.S.C. 1151 et seq.) is amended by inserting after section 240C the
following new section:
``custody of illegal aliens
``Sec. 240D. (a) If the chief executive officer of a State (or, if
appropriate, a political subdivision of the State) exercising authority
with respect to the apprehension 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 48 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 48 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 incarcerate or transport
the illegal alien for transfer to Federal custody; and
``(2) shall designate a 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 the criminal or illegal aliens to the
Department of Homeland Security.
``(b) The Department of Homeland Security shall reimburse States
and localities for all reasonable expenses, as determined by the
Secretary of Homeland Security, incurred by a State or locality in the
incarceration and transportation of an illegal alien as described in
subparagraphs (A) and (B) of subsection (a)(1). Compensation provided
for costs incurred under such subparagraphs shall be 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) plus the cost of transporting the criminal or
illegal alien from the point of apprehension, to the place of
detention, and to the custody transfer point if the place of detention
and place of custody are different.
``(c) The Secretary of Homeland Security shall ensure that illegal
aliens incarcerated in Federal facilities pursuant to this section are
held in facilities which provide an appropriate level of security.
``(d)(1) In carrying out this section, the Secretary of Homeland
Security may 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) The Secretary of Homeland Security may enter into contracts
with appropriate State and local law enforcement and detention
officials to implement this section.
``(e) For purposes of this section, the term `illegal alien' means
an alien who--
``(1) entered the United States without inspection or at
any time or place other than that designated by the Secretary
of Homeland Security;
``(2) was admitted as a nonimmigrant and who, at the time
the alien was taken into custody by the State or a political
subdivision of the State, had failed to--
``(A) maintain the nonimmigrant status in which the
alien was admitted or to which it was changed under
section 248; or
``(B) comply with the conditions of any such
status;
``(3) was admitted as an immigrant and has subsequently
failed to comply with the requirements of that status; or
``(4) failed to depart the United States under a voluntary
departure agreement or under a final order of removal.''.
(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There is authorized to be appropriated $500,000,000 for the detention
and removal of aliens not lawfully present in the United States under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal
year 2008 and each subsequent fiscal year.
SEC. 345. BASIC IMMIGRATION ENFORCEMENT TRAINING FOR STATE, LOCAL, AND
TRIBAL LAW ENFORCEMENT OFFICERS.
(a) Demonstration Project.--
(1) In general.--Cameron University, located in Lawton,
Oklahoma, shall establish and implement a demonstration project
(in this section referred to as the ``demonstration project'')
to assess the feasibility of establishing a nationwide e-
learning training course, covering basic immigration law
enforcement issues, to be used by State, local, and tribal law
enforcement officers in order to improve and enhance their
ability, during their routine course of duties, to assist
Federal immigration officers in the enforcement of Federal
immigration laws.
(2) Project director responsibilities.--The Project
Director charged with establishing and implementing the
demonstration project shall do the following:
(A) The Project Director shall develop an on-line,
e-learning website to provide State, local, and tribal
law enforcement officers access to the e-learning
training course. Such website shall--
(i) have the capability to enroll officers
in the e-learning training course, record
officers' performance on the course, and track
officers' proficiency in learning the course's
concepts;
(ii) ensure a high level of security; and
(iii) encrypt personal and sensitive
information.
(B) The Project Director shall develop an e-
learning training course, which entails no more than
four hours of training, is accessible through the on-
line, e-learning website under subparagraph (A), and
covers both the basic principles and practices of
immigration law and the policies that relate to the
enforcement of immigration laws. The e-learning
training course shall--
(i) include, but not be limited to,
instruction about employment-based and family-
based immigration, the various types of
nonimmigrant visas, the differences between
immigrant and nonimmigrant status, the
differences between lawful and unlawful
presence, the criminal and civil consequences
of unlawful presence, the various grounds for
removal, the types of false identification that
illegal and criminal aliens commonly use, the
common methods of alien smuggling and groups
that commonly participate in alien smuggling
rings, the inherent legal authority of local
law enforcement officers to enforce federal
immigration laws, and detention and removal
procedures, including expeditious removal; and
(ii) incorporate content similar to that
covered in the four-hour training course the
Immigration and Naturalization Service provided
to all Alabama State Troopers in 2003 (in
addition to, and separate from, the training
given pursuant to the State's section 287(g)
agreement).
(C) The Project Director shall assess the
feasibility of expanding to State, local, and tribal
law enforcement agencies throughout the United States
the on-line, e-learning website, including the e-
learning training course, by using on-line technology.
(b) Period of Project.--The Project Director shall carry out the
demonstration project for a one-year period beginning 90 days after the
date of the enactment of this Act.
(c) Location of Project.--
(1) States covered.--The Project Director shall carry out
the demonstration project by enrolling in the e-learning
training course State, local, and tribal law enforcement
officers from Alabama, Colorado, Florida, Oklahoma, and Texas,
and from at least one, but not more than three, other
additional States.
(2) Number of officers.--A total of 100,000 officers shall
have access to, enroll in, and complete the e-learning training
course provided under the demonstration project.
(3) Apportionment.--The number of officers who are selected
to participate in the demonstration project shall be
apportioned according to the State populations of the
participating States.
(4) Selection.--Participation in the demonstration project
shall--
(A) be equally apportioned between State, county,
and municipal law enforcement agency officers;
(B) include, when practicable, a significant subset
of tribal law enforcement officers; and
(C) include officers from urban, rural, and highly
rural areas.
(5) Limitation on participation.--Officers shall be
ineligible to participate in the demonstration project if they
are employed by a State, local, or tribal law enforcement
agency that has in effect a statute, policy, or practice that
prohibits its law enforcement officers from cooperating with
Federal immigration enforcement agents (or if the State, local,
or tribal law enforcement agency is otherwise in contravention
of section 642(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
(d) Demonstration Project Requirements.--(1) The e-learning
training course provided under the demonstration project shall be
accessible through the secure, encrypted on-line, e-learning website,
within 90 days of the date of the enactment of this Act, and
recruitment of participants shall begin immediately, and occur
concurrently, with the e-learning training course's establishment and
implementation.
(2) The law enforcement officers selected to participate in the e-
learning training course provided under the demonstration project shall
undergo standard vetting procedures, pursuant to the Federal Law
Enforcement Training Center Distributed Learning Program, to ensure
that each individual is a bona fide law enforcement officer.
(3) The law enforcement officers selected to participate in the e-
learning training course provided under the demonstration project shall
be granted continuous access, throughout the demonstration project's
one-year period, to on-line course material and to other training and
reference resources accessible through the on-line, e-learning website.
(e) Report.--
(1) In general.--Not later than the end of the one-year
period described in subsection (b), the Project Director shall
transmit to the Committees on the Judiciary and on Homeland
Security of the House of Representatives and the Committees on
the Judiciary and Homeland Security and Governmental Affairs of
the Senate a report about the e-learning training course
completed by State, local, and tribal law enforcement officers
through the demonstration project.
(2) Matters to be included.--The report under paragraph (1)
shall include the following:
(A) An estimate of the cost savings realized by
offering training through the e-learning training
course as opposed to offering similar training through
the residential classroom method.
(B) An estimate of the difference between the
100,000 law enforcement officers who received training
through the e-learning training course and the number
of law enforcement officers who could have received
training through the residential classroom method in
the same one-year period.
(C) The effectiveness of the e-learning training
course with respect to student-officer performance.
(D) The convenience accorded to student-officers
with respect to their ability to access the e-learning
training course at their own convenience and to return
to the on-line, e-learning website for refresher
training and reference.
(E) The ability of the on-line, e-learning website
to safeguard the student officers' private and personal
information while providing supervisors with
appropriate information about student performance and
course completion.
(f) Expansion of Program.--
(1) In general.--Following the completion of the
demonstration project, the Department of Homeland Security
shall continue to make available the on-line, e-learning
website and the e-learning training course, enroll in the e-
learning training course 100,000 new State, local, and tribal
law enforcement officers annually, and consult with Congress
regarding the addition, substitution, or removal of
participating States.
(2) Limitation on participation.--Officers shall be
ineligible to participate in the expansion of this program if
they are employed by a State, local, or tribal law enforcement
agency that has in effect a statute, policy, or practice that
prohibits its law enforcement officers from cooperating with
Federal immigration enforcement agents (or if the State, local,
or tribal law enforcement agency is otherwise in contravention
of section 642(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
(g) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 in fiscal year 2008 to carry out this section.
Funds appropriated under this subsection shall remain available until
expended. There are authorized to be appropriated in each subsequent
fiscal year such sums as are necessary to continue to operate, promote,
and recruit participants for the demonstration project and expansion
program under this section.
SEC. 346. COMPLETION OF EXIT COMPONENT OF US-VISIT ENTRY AND EXIT DATA
SYSTEM.
Not later than two years after the date of the enactment of this
Act, the Secretary of Homeland Security shall complete the exit
component of the entry and exit data system, (as defined in section
7208(b) of the Intelligence Reform and Terrorism Prevention Act of
2004, 8 U.S.C. 1365b(b), Public Law 108-458), commonly referred to as
``US-VISIT'', including at all land, sea, and air ports of entry and
with respect to nationals from every country.
SEC. 347. CLARIFICATION THAT WAGES PAID TO UNAUTHORIZED ALIENS MAY NOT
BE DEDUCTED FROM GROSS INCOME.
(a) In General.--Subsection (c) of section 162 of the Internal
Revenue Code of 1986 (relating to illegal bribes, kickbacks, and other
payments) is amended by adding at the end the following new paragraph:
``(4) Wages paid to or on behalf of unauthorized aliens.--
``(A) In general.--No deduction shall be allowed
under subsection (a) for any wage paid to or on behalf
of an unauthorized alien, as defined under section
274A(h)(3) of the Immigration and Nationality Act (8
U.S.C. 1324a(h)(3)).
``(B) Wages.--For the purposes of this paragraph,
the term `wages' means all remuneration for employment,
including the cash value of all remuneration (including
benefits) paid in any medium other than cash.
``(C) Safe harbor.--If a person or other entity is
participating in the basic pilot program described in
section 403 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) and obtains confirmation of identity and
employment eligibility in compliance with the terms and
conditions of the program with respect to the hiring
(or recruitment or referral) of an employee,
subparagraph (A) shall not apply with respect to wages
paid to such employee.''.
(b) 6-Year Limitation on Assessment and Collection.--Subsection (c)
of section 6501 of such Code (relating to exceptions) is amended by
adding at the end the following new paragraph:
``(10) Deduction claimed for wages paid to unauthorized
aliens.--In the case of a return of tax on which a deduction is
shown in violation of section 162(c)(4), any tax under chapter
1 may be assessed, or a proceeding in court for the collection
of such tax may be begun without assessment, at any time within
6 years after the return was filed.''.
(c) Use of Documentation for Enforcement Purposes.--Section 274A of
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
is amended--
(1) in subparagraph (b)(5), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this chapter'';
(2) in subparagraph (d)(2)(F), by inserting ``, section
162(c)(4) of the Internal Revenue Code of 1986,'' after
``enforcement of this chapter''; and
(3) in subparagraph (d)(2)(G), by inserting ``section
162(c)(4) of the Internal Revenue Code of 1986 or'' after ``or
enforcement of''.
(d) Availability of Information.--The Commissioner of Social
Security shall make available to the Commissioner of Internal Revenue
any information related to the investigation and enforcement of section
162(c)(4) of the Internal Revenue Code of 1986, including any no-match
letter and any information in the suspense earnings file.
(e) Effective Date.--
(1) Except as provided in paragraph (2), this Act and the
amendments made by this Act shall take effect on the date of
the enactment of this Act.
(2) The amendments made by subsections (a) and (b) shall
apply to taxable years beginning after December 31, 2007.
TITLE IV--REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE
SERVICES FURNISHED TO ILLEGAL ALIENS
SEC. 401. REVISION OF FEDERAL REIMBURSEMENT OF EMERGENCY HEALTH CARE
SERVICES FURNISHED TO ILLEGAL ALIENS.
(a) Elimination of Funding Limitations; Extension of Appropriations
Through Fiscal Year 2011.--Subsection (a) of section 1011 of the
Medicare Prescription Drug, Improvement, and Modernization Act of 2003
(Public Law 108-173) is amended--[NOTE: if you strike paragraph (1) and
not paragraph (2), then you have two funding instructions for FY 08;
isn't your policy to eliminate all funding for health care services to
illegals? Perhaps you should strike all of subsection (a); if you leave
paragraph (2), you will continue the funding through FY 13.]
(1) by striking ``for each of fiscal years 2005 through
2008'' and inserting ``for each of fiscal years 2005 through
2007''; and
(2) by adding at the end the following: ``Out of any funds
in the Treasury not otherwise appropriated, there are
appropriated to the Secretary for each of fiscal years 2008
through 2013 such sums as may be necessary for the purpose of
payments to eligible providers.''.
(b) Elimination of State Allotments.--Such section is further
amended--
(1) in subsection (b), by adding at the end the following
new paragraph:
``(3) Limitation to fiscal year 2007.--The preceding
provisions of this subsection shall only apply to fiscal year
2007.'';
(2) by amending subsection (c)(1) to read as follows:
``(1) Authority to make payments.--The Secretary shall pay
directly to eligible providers located in a State for the
provision of eligible services to aliens described in paragraph
(5) the amount described in paragraph (2) to the extent that
the eligible provider was not otherwise reimbursed (through
insurance or otherwise) for such services.'';
(3) in subsection (c)(2)(B), by striking ``If the amount''
and inserting ``For fiscal year 2007, if the amount''; and
(4) in subsection (c)(4), by striking ``in a State from
allotments made under subsection (b) for a fiscal year''.
(c) Requirement for Provision of Information for Hospital
Qualifications for Funding.--Subsection (c) of such section is amended
by adding at the end the following new paragraph:
``(6) Requirement for payment.--Beginning with
fiscal year 2008, payment shall not be made under this
section to an eligible provider with respect to
services furnished to an alien described in paragraph
(5) unless the provider obtains the citizenship
information about the alien, and transmits such
information and all other non-clinical information
concerning the alien to Immigration and Customs
Enforcement, not later than 72 hours after the time of
discharge of the alien from the provider.''.
(d) Elimination of Coverage of Mexicans With Border Crossing
Cards.--Subsection (c)(5) of such section is amended by striking
subparagraph (C).
(e) Effective Date.--The amendments made by this section shall
apply beginning with fiscal year 2008.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Oversight and Government Reform, Ways and Means, Education and Labor, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Oversight and Government Reform, Ways and Means, Education and Labor, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Oversight and Government Reform, Ways and Means, Education and Labor, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Oversight and Government Reform, Ways and Means, Education and Labor, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Oversight and Government Reform, Ways and Means, Education and Labor, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Oversight and Government Reform, Ways and Means, Education and Labor, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Oversight and Government Reform, Ways and Means, Education and Labor, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Oversight and Government Reform, Ways and Means, Education and Labor, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Armed Services, Homeland Security, Oversight and Government Reform, Ways and Means, Education and Labor, Foreign Affairs, and Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Border, Maritime, and Global Counterterrorism.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.