HR 1196

112th CONGRESS
1st Session

H. R. 1196

To remove the incentives and loopholes that encourage illegal aliens to come to the United States to live and work, provide additional resources to local law enforcement and Federal border and immigration officers, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 17, 2011

Mr. GARY G. MILLER of California (for himself, Mr. CAMPBELL, Mr. MARCHANT, and Mrs. MYRICK) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Oversight and Government Reform, Education and the Workforce, House Administration, Financial Services, Homeland Security, Ways and Means, Natural Resources, and Agriculture, 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 remove the incentives and loopholes that encourage illegal aliens to come to the United States to live and work, provide additional resources to local law enforcement and Federal border and immigration officers, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. PURPOSE.

SEC. 3. TABLE OF CONTENTS.

TITLE I--ALIEN SMUGGLING AND RELATED OFFENSES

TITLE II--IDENTITY SECURITY

Subtitle A--Photo Identification

Subtitle B--Prohibition on Driver's Licenses for Unlawfully Present Aliens

Subtitle C--Stopping Social Security Number Abuse

Subtitle D--Birth/Death Registry

Subtitle E--Reform of Passport Fraud Offenses

TITLE III--BIRTHRIGHT CITIZENSHIP

TITLE IV--HOUSING AND HOMEOWNERSHIP

TITLE V--TAXES AND SOCIAL SECURITY

TITLE VI--EMPLOYEE VERIFICATION

Subtitle A--General Provisions

Subtitle B--Self-Employed Subcontractors Loophole

Subtitle C--Prohibition on Unlawful Employment of Aliens in Capitol

Subtitle D--Coordination Between SSA and IRS

TITLE VII--PROHIBITING UNLAWFULLY PRESENT ALIENS FROM OBTAINING FINANCIAL SERVICES

TITLE VIII--BORDER AND LAW ENFORCEMENT

TITLE IX--STATE AND LOCAL GOVERNMENT AUTHORITY

Subtitle A--General Provisions

Subtitle B--Eliminating Sanctuary Cities

Subtitle C--Criminal Aliens

TITLE X--PROHIBITING IN-STATE TUITION FOR UNLAWFULLY PRESENT ALIENS

TITLE I--ALIEN SMUGGLING AND RELATED OFFENSES

SEC. 101. ALIEN SMUGGLING AND RELATED OFFENSES.

`ALIEN SMUGGLING AND RELATED OFFENSES

TITLE II--IDENTITY SECURITY

Subtitle A--Photo Identification

SEC. 201. FORMS OF ACCEPTABLE IDENTIFICATION FOR FEDERAL GOVERNMENT PURPOSES.

SEC. 202. FORMS OF ACCEPTABLE IDENTIFICATION FOR FINANCIAL INSTITUTIONS.

Subtitle B--Prohibition on Driver's Licenses for Unlawfully Present Aliens

SEC. 211. PROHIBITION ON ISSUING DRIVER'S LICENSES TO ILLEGAL ALIENS.

Subtitle C--Stopping Social Security Number Abuse

SEC. 221. EFFECT OF FINAL REGULATION ON `NO-MATCH' LETTERS.

Subtitle D--Birth/Death Registry

SEC. 231. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION SYSTEMS.

Subtitle E--Reform of Passport Fraud Offenses

SEC. 241. TRAFFICKING IN PASSPORTS.

`Sec. 1541. Trafficking in passports

SEC. 242. FALSE STATEMENT IN AN APPLICATION FOR A PASSPORT.

`Sec. 1542. False statement in an application for a passport

SEC. 243. FORGERY AND UNLAWFUL PRODUCTION OF A PASSPORT.

`Sec. 1543. Forgery and unlawful production of a passport

SEC. 244. MISUSE OF A PASSPORT.

`Sec. 1544. Misuse of a passport

SEC. 245. SCHEMES TO DEFRAUD ALIENS.

`Sec. 1545. Schemes to defraud aliens

SEC. 246. IMMIGRATION AND VISA FRAUD.

`Sec. 1546. Immigration and visa fraud

SEC. 247. ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN OFFENSES.

SEC. 248. ATTEMPTS, CONSPIRACIES, JURISDICTION, AND DEFINITIONS.

`Sec. 1548. Attempts and conspiracies

`Sec. 1549. Additional jurisdiction

`Sec. 1550. Authorized law enforcement activities

`Sec. 1551. Definitions

SEC. 249. CLERICAL AMENDMENT.

TITLE III--BIRTHRIGHT CITIZENSHIP

SEC. 301. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED STATES.

TITLE IV--HOUSING AND HOMEOWNERSHIP

SEC. 401. MORTGAGES PROHIBITED FOR PRINCIPAL RESIDENCES OF INDIVIDUALS WHO LACK VALID PERSONAL IDENTIFICATION.

`Sec. 140. Mortgages prohibited for principal residences of individuals who lack valid personal identification

SEC. 402. PROHIBITION ON PUBLIC HOUSING AND SECTION 8 RENTAL ASSISTANCE FOR ILLEGAL ALIENS.

SEC. 403. PROHIBITION ON RENTING OF DWELLING UNITS TO ILLEGAL ALIENS.

SEC. 404. PROHIBITION ON FEDERAL AND GOVERNMENT-SPONSORED ENTERPRISE SUPPORT FOR MORTGAGES FOR ILLEGAL ALIENS.

TITLE V--TAXES AND SOCIAL SECURITY

SEC. 501. PROHIBITING TOTALIZATION AGREEMENTS THAT BENEFIT UNLAWFULLY PRESENT ALIENS.

SEC. 502. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED WHILE UNLAWFULLY PRESENT.

SEC. 503. LIMITED ELIGIBILITY FOR CREDITS.

SEC. 504. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.

TITLE VI--EMPLOYEE VERIFICATION

Subtitle A--General Provisions

SEC. 601. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.

SEC. 602. MANDATORY NOTIFICATION OF SSN MISMATCHES AND MULTIPLE USES AND DETERMINATIONS OF INELIGIBILITY FOR EMPLOYMENT.

SEC. 603. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.

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`In the case of--  Not less than-- Not more than-- 
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The first offense  $2,500                   $5,000 
The second offense $7,500                  $10,000 
The third offense  $25,000              $40,000.'. 
---------------------------------------------------

SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

Subtitle B--Self-Employed Subcontractors Loophole

SEC. 611. REQUIRING SELF-EMPLOYED SUBCONTRACTORS TO PARTICIPATE E-VERIFY PROGRAM.

Subtitle C--Prohibition on Unlawful Employment of Aliens in Capitol

SEC. 621. REQUIRING LEGISLATIVE BRANCH CONTRACTORS TO PARTICIPATE IN E-VERIFY PROGRAM.

SEC. 622. CAPITOL COMPLEX DEFINED.

SEC. 623. EFFECTIVE DATE; TRANSITION FOR CURRENT CONTRACTS.

Subtitle D--Coordination Between SSA and IRS

SEC. 631. AVAILABILTY OF INFORMATION.

TITLE VII--PROHIBITING UNLAWFULLY PRESENT ALIENS FROM OBTAINING FINANCIAL SERVICES

SEC. 701. FOREIGN-ISSUED FORMS OF IDENTIFICATION PROHIBITED AS PROOF OF IDENTITY TO OPEN ACCOUNTS AT FINANCIAL INSTITUTIONS.

SEC. 702. `KNOW YOUR CUSTOMER' REGULATIONS APPLIED TO CERTAIN TRANSMITTING BUSINESSES.

SEC. 703. REQUIREMENTS RELATING TO THE UNITED STATES POSTAL SERVICE.

SEC. 704. APPLICABILITY OF IDENTIFICATION RULES TO CERTAIN TRANSACTIONS INVOLVING THE FEDERAL RESERVE BOARD, INCLUDING THE DIRECTO A MEXICO PROGRAM.

TITLE VIII--BORDER AND LAW ENFORCEMENT

SEC. 801. CONSTRUCTION OF BORDER FENCING AND SECURITY IMPROVEMENTS.

SEC. 802. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

SEC. 803. INCREASE IN NUMBER OF ICE AGENTS.

`SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS.

SEC. 804. PROHIBITION ON IMPEDING CERTAIN ACTIVITIES OF THE SECRETARY OF HOMELAND SECURITY RELATED TO BORDER SECURITY.

TITLE IX--STATE AND LOCAL GOVERNMENT AUTHORITY

Subtitle A--General Provisions

SEC. 901. STATE DEFINED; SEVERABILITY.

SEC. 902. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

SEC. 903. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF IMMIGRATION LAWS ENCOURAGED.

SEC. 904. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.

SEC. 905. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION ABOUT APPREHENDED ALIENS.

SEC. 906. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.

SEC. 907. INCREASED FEDERAL DETENTION SPACE.

SEC. 908. FEDERAL CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT.

`CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES

SEC. 909. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

SEC. 910. IMMUNITY.

SEC. 911. INSTITUTIONAL REMOVAL PROGRAM (IRP).

Subtitle B--Eliminating Sanctuary Cities

SEC. 921. ELIMINATING SANCTUARY CITIES.

Subtitle C--Criminal Aliens

SEC. 931. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

SEC. 932. AUTHORIZATION OF APPROPRIATIONS.

SEC. 933. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED ALIENS CHARGED WITH CERTAIN CRIMES.

SEC. 934. PREEMPTION.

TITLE X--PROHIBITING IN-STATE TUITION FOR UNLAWFULLY PRESENT ALIENS

SEC. 1001. ENSURING ENFORCEABILITY.

END