109th CONGRESS
1st Session
H. R. 4079
To reduce the number of visa overstays and to ensure that illegal
aliens are apprehended, detained, and removed as rapidly as possible.
IN THE HOUSE OF REPRESENTATIVES
October 19, 2005
Mr. SULLIVAN (for himself, Mr. BURTON of Indiana, Mr. TANCREDO, Mr. HAYWORTH,
Mr. GOODE, Mr. JONES of North Carolina, Mr. HEFLEY, and Mr. GARRETT of New
Jersey) introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committee on Homeland Security,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
A BILL
To reduce the number of visa overstays and to ensure that illegal
aliens are apprehended, detained, and removed as rapidly as possible.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Secure Our Nation's Interior Act of 2005'.
SEC. 2. EXPEDITED REMOVAL.
Section 235(b)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A))
is amended by striking clauses (i) through (iii) and inserting the following:
`(i) IN GENERAL- If an immigration officer determines that an alien
(other than an alien described in subparagraph (F)) who is arriving
in the United States, or who has not been admitted or paroled into
the United States and who has not affirmatively shown, to the satisfaction
of an immigration officer, that the alien has been physically present
in the United States continuously for the 1-year period immediately
prior to the date of the determination of inadmissibility under this
paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7),
the officer shall order the alien removed from the United States without
further hearing or review, unless--
`(I) the alien has been charged with a crime, is in criminal proceedings,
or is serving a criminal sentence; or
`(II) the alien indicates an intention to apply for asylum under
section 208 or a fear of persecution and the officer determines
that the alien has been physically present in the United States
for less than 1 year.
`(ii) CLAIMS FOR ASYLUM- If an immigration officer determines that
an alien (other than an alien described in subparagraph (F)) who is
arriving in the United States, or who is described in clause (i),
and the alien indicates either an intention to apply for asylum under
section 208 or a fear of persecution, the officer shall refer the
alien for an interview by an asylum officer under subparagraph (B)
if the officer determines that the alien has been physically present
in the United States for less than 1 year.'.
SEC. 3. 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. 4. DEPARTMENT OF HOMELAND SECURITY 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 adding after section 240C the following:
`CUSTODY OF ILLEGAL ALIENS
`SEC. 240D. (a) In General- If the Governor 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
`(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, 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. The Secretary of Homeland
Security may enter into contracts with appropriate State and local law
enforcement, private entities, and detention officials to implement this
subsection.
`(b) Reimbursement to States and Localities- The Secretary of Homeland Security
shall reimburse States and localities for all reasonable expenses, as determined
by the Secretary, 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
subparagraphs (A) and (B) of subsection (a)(1) 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) Incarceration of Illegal Aliens- The Secretary of Homeland Security
shall ensure that illegal aliens incarcerated in Federal facilities pursuant
to this subsection are held in facilities which provide an appropriate level
of security.
`(d) Transfer of Illegal Aliens-
`(1) IN GENERAL- 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) AGREEMENTS- The Secretary of Homeland Security may enter into contracts
with appropriate State and local law enforcement, private entities, and
detention officials to implement this subsection.
`(e) Definition- For purposes of this section, the term `illegal alien'
means an alien who entered the United States without inspection or at any
time or place other than that designated by the Secretary of Homeland Security.'.
SEC. 5. UNIVERSAL PROCESSING THROUGH THE AUTOMATED ENTRY-EXIT CONTROL
SYSTEM.
(a) Record of Entry and Exit- Subsection (a) of section 110 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221
note) is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4),
respectively;
(2) by inserting before paragraph (2) (as so redesignated), the following
new paragraph:
`(1) collect and maintain a record of each admission for every alien arriving
in the United States;'; and
(3) in paragraph (2) (as so redesignated)--
(A) by striking `(1) collect a record of' and inserting `(1) collect
and maintain a record of each';
(B) by striking the `and' at the end; and
(C) by inserting after paragraph (2) (as so redesignated), the following:
`(3) verify the identity of every arriving and departing alien by comparing
in real time the biometric identifier on such alien's travel or entry
document or passport with the arriving or departing alien; and'.
(1) Paragraph (3) of section 235(a) of the Immigration and Nationality
Act (8 U.S.C. 1225(a)) is amended to read as follows:
`(A) IN GENERAL- All aliens (including alien crewmen) who are applicants
for admission or otherwise seeking admission or readmission to or transit
through the United States shall be inspected by immigration officers.
`(B) PROCESSING THROUGH ENTRY-EXIT SYSTEM- Notwithstanding any other
provision of law and subject to clauses (i) and (ii), no alien may be
admitted to the United States unless such alien has been processed through
the automated entry-exit control system required by section 110 of the
Illegal Immigration Reform and Immigrant Responsibility Act (8 U.S.C.
1221 note).'.
(2) Paragraph (1) shall apply to all aliens seeking admission or readmission
on or after December 31, 2006.
(c) Report- Not later than 90 days after the date of the enactment of this
Act, the Secretary of Homeland Security shall submit a report to the Congress
detailing the additional resources, including machine readers and personnel,
that are needed at each port of entry, based on recent and anticipated volumes
of admissions at such ports of entry, to fully implement subsection (b).
END
