109th CONGRESS
2d Session
H. R. 5456
To respond to the crisis of illegal immigration in the United States.
IN THE HOUSE OF REPRESENTATIVES
May 23, 2006
Mr. BURTON of Indiana introduced the following bill; which was referred
to the Committee on the Judiciary, and in addition to the Committees on
Homeland Security, Education and the Workforce, and Ways and Means, 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 respond to the crisis of illegal immigration in the United States.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Illegal Immigration Crisis
Response Act of 2006'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 3. Sense of Congress.
Sec. 5. English as official language of the United States.
Sec. 6. Illegal aliens living in the United States.
Sec. 7. Visa tightening for temporary workers.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The illegal entry of dangerous gang members, such as MS-13, is a direct
threat to the security of the United States.
(2) The continuing rise of illegal immigration increases the chances that
a terrorist will gain entry into the United States undetected.
(3) The rising cost to American taxpayers to support housing, health care,
education expenses, and criminal justice for illegal aliens has reached
between $11 billion and $22 billion per year.
(4) Any attempt to deal with the illegal aliens currently living in the
United States must be dealt with after the United States has secured its
borders in order to prevent a flood of illegal aliens seeking to take
advantage of any programs for citizenship.
(5) Deportation of the estimated 12 to 20 million illegal aliens currently
residing in the United States is not feasible.
(6) Placing illegal aliens currently living in the United States on a
path to citizenship is the least desirable option, but is one of many
options the United States must examine.
(7) Amnesties that have passed before were unsuccessful because they did
not fully execute a border security program at the same time.
SEC. 3. SENSE OF CONGRESS.
It is the sense of Congress that the worsening crisis of illegal immigration
needs to be solved.
SEC. 4. BORDER SECURITY.
(a) Full-Time Active-Duty Border Patrol Agents- In order to fulfill the
requirement under section 5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) (relating to an increase in
the number of positions for full-time active-duty border patrol agents within
the Department of Homeland Security), and subject to the availability of
appropriations for such purpose, the Secretary of Homeland Security shall--
(1) increase incentives to recruit individuals to become such agents by
offering such individuals repayment of higher education loans; and
(2) establish a Border Patrol Agent Training Program modeled on the Reserve
Officers' Training Corps under which individuals are provided with one
year of tuition reimbursement for each year of service as a full-time
active-duty border patrol agent.
(b) Deployment of Technology- The Secretary of Homeland Security is authorized
to deploy newly developed technologies, such as infrared cameras, motion
detectors, and unmanned aerial surveillance vehicles, to secure the international
land and maritime borders of the United States.
(c) Construction of Border Fence- The Secretary of Homeland Security is
authorized to construct a border security fence along portions of the southern
international land border of the United States as the Secretary determines
necessary.
(d) Admission to the United States- Not later than one year after the date
of the enactment of this Act, no individual may be admitted to the United
States unless such individual presents to an immigration officer appropriate
documentation, such as an authentic, valid passport issued by the government
of a foreign country or by the Government of the United States, a valid
nonimmigrant or immigrant visa, a United States driver's license, an alien
registration card, or a border crossing identification card.
SEC. 5. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.
(a) In General- Title 4, United States Code, is amended by adding at the
end the following new chapter:
`CHAPTER 6--OFFICIAL LANGUAGE
`Sec. 161. Official language of the United States
`The official language of the United States is English.
`Sec. 162. Preserving and enhancing the role of the official language
`Representatives of the Federal Government shall have an affirmative obligation
to preserve and enhance the role of English as the official language of
the Federal Government. Such obligation shall include encouraging greater
opportunities for individuals to learn the English language.
`Sec. 163. Official functions of Government to be conducted in English
`(a) Official Functions- The official functions of the Government of the
United States shall be conducted in English.
`(b) Scope- For the purposes of this section, the term `United States' means
the several States and the District of Columbia, and the term `official'
refers to any function that (i) binds the Government, (ii) is required by
law, or (iii) is otherwise subject to scrutiny by either the press or the
public.
`(c) Practical Effect- This section shall apply to all laws, public proceedings,
regulations, publications, orders, actions, programs, and policies, but
does not apply to--
`(1) teaching of languages;
`(2) requirements under the Individuals with Disabilities Education Act;
`(3) actions, documents, or policies necessary for national security,
international relations, trade, tourism, or commerce;
`(4) actions or documents that protect the public health and safety;
`(5) actions or documents that facilitate the activities of the Bureau
of the Census in compiling any census of population;
`(6) actions that protect the rights of victims of crimes or criminal
defendants; or
`(7) using terms of art or phrases from languages other than English.
`Sec. 164. Uniform English language rule for naturalization
`(a) Uniform Language Testing Standard- All citizens should be able to read
and understand generally the English language text of the Declaration of
Independence, the Constitution, and the laws of the United States made in
pursuance of the Constitution.
`(b) Ceremonies- All naturalization ceremonies shall be conducted in English.
`Sec. 165. Rules of construction
`Nothing in this chapter shall be construed--
`(1) to prohibit a Member of Congress or any officer or agent of the Federal
Government, while performing official functions, from communicating unofficially
through any medium with another person in a language other than English
(as long as official functions are performed in English);
`(2) to limit the preservation or use of Native Alaskan or Native American
languages (as defined in the Native American Languages Act);
`(3) to disparage any language or to discourage any person from learning
or using a language; or
`(4) to be inconsistent with the Constitution of the United States.
`Sec. 166. Standing
`A person injured by a violation of this chapter may in a civil action (including
an action under chapter 151 of title 28) obtain appropriate relief.'.
(b) Clerical Amendment- The table of chapters at the beginning of title
4, United States Code, is amended by inserting after the item relating to
chapter 5 the following new item:
`Chapter 6. Official Language'.
(c) General Rules of Construction for English Language Texts of the Laws
of the United States-
(1) IN GENERAL- Chapter 1 of title 1, United States Code, is amended by
adding at the end the following new section:
`Sec. 8. General rules of construction for laws of the United States
`(a) English language requirements and workplace policies, whether in the
public or private sector, shall be presumptively consistent with the laws
of the United States; and
`(b) Any ambiguity in the English language text of the laws of the United
States shall be resolved, in accordance with the last two articles of the
Bill of Rights, not to deny or disparage rights retained by the people,
and to reserve powers to the States respectively, or to the people.'.
(2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter
1 of title 1, United States Code, is amended by inserting after the item
relating to section 7 the following new item:
`8. General Rules of Construction for Laws of the United States.'.
(d) Implementing Regulations- Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall issue
for public notice and comment a proposed rule for uniform testing English
language ability of candidates for naturalization, based upon the principles
that--
(1) all citizens should be able to read and understand generally the English
language text of the Declaration of Independence, the Constitution, and
the laws of the United States which are made in pursuance thereof; and
(2) any exceptions to this standard should be limited to extraordinary
circumstances, such as asylum.
SEC. 6. ILLEGAL ALIENS LIVING IN THE UNITED STATES.
(a) Establishment of Office of Alien Registration- Not later than six months
after the date of the enactment of this Act, the Secretary of Homeland Security
shall establish in the Department of Homeland Security an Office of Alien
Registration (in this section referred to as the `Office') that shall be
responsible for managing the registration, adjustment, and citizenship process
under this section of aliens who are unlawfully present in the United States.
(b) Registration With Office-
(1) IN GENERAL- Except as provided in paragraph (2), if an alien who is
unlawfully present in the United States can prove to the satisfaction
of the Secretary of Homeland Security, in accordance with regulations
promulgated by the Secretary, that such alien was continuously physically
present in the United States since the date of the introduction in the
House of Representatives of the Illegal Immigration Crisis Response Act
of 2006 (109th Congress), such alien may register with the Office under
this section during the six-month period beginning on the date of the
establishment of the Office.
(2) PROHIBITION ON REGISTRATION OF CRIMINAL ALIENS AND TERRORISTS- The
Secretary may not register an alien under this subsection unless the Secretary
has verified, including by screening against an appropriate terrorist
watchlist and through a criminal background check, that the alien is not
inadmissible on any ground under paragraph (2) or (3) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)) (relating to
inadmissibility on criminal and related grounds activities and on security
and related grounds, including terrorism).
(3) IDENTIFICATION CARDS PROVIDED-
(A) TEMPORARY IDENTIFICATION CARD- At the time of registration under
this subsection, an alien shall be issued a temporary identification
card by the Office and shall provide the Office with information necessary
for the issuance of a permanent identification card under subparagraph
(B).
(B) PERMANENT IDENTIFICATION CARD- The Office shall, as expeditiously
as practicable, mail to an alien who has registered under this section
a permanent identification card. Such permanent identification cards
shall be tamper-resistant and counterfeit-proof and shall feature a
common machine-readable technology with defined minimum data elements,
including the following information:
(i) The alien's full legal name.
(ii) The alien's date of birth.
(iii) The alien's gender.
(iv) A digital photograph of the alien.
(v) The alien's address of principal residence.
(vi) The alien's signature.
(vii) Physical security features, similar to those in use for United
States currency, designed to prevent tampering, counterfeiting, or
duplication of the identification card for fraudulent purposes.
(viii) A biometric component, such as a fingerprint or an iris scan.
(4) FEES- An alien shall pay to the Office a fee for the costs associated
with--
(A) registration of such an alien under this subsection; and
(B) providing such an alien with such temporary and permanent identification
cards.
(5) SURRENDER OF CARD- At the time of the naturalization of an alien registered
under this subsection, such an alien shall surrender to the Office the
alien's temporary and permanent identification cards.
(c) Expedited Removal and Criminal Penalties for Nonregistered Aliens-
(A) IN GENERAL- Except as provided in subparagraph (B), notwithstanding
any other provision of law--
(I) is unlawfully present in the United States;
(II) is not registered under subsection (b), or is so registered
but or has not satisfied the requirements of subsection (e); and
(III) is apprehended in the United States at a location that is
not along the international land or maritime borders of the United
States;
shall be immediately detained and presented before an immigration
judge (as defined in section 101(b)(4) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(4)));
(ii) the name and fingerprints of such alien shall be added to an
appropriate watch list maintained by the Department of Homeland Security
concerning aliens who have been unlawfully present in the United States;
and
(iii) the judge shall order the alien immediately removed from the
United States without being released from detention and without further
hearing or review in the same manner as an alien described in subparagraph
(A)(i) of section 235(a)(1) of such Act (8 U.S.C. 1225(a)(1)) is subject
to immediate removal from the United States under the provisions of
such section.
(B) EXCEPTION- In the case of an alien who is eligible to register under
subsection (b), subparagraph (A) shall not apply until after the last
day of the six-month registration period provided under such subsection.
(2) CRIMINAL PENALTIES FOR SUBSEQUENT UNLAWFUL PRESENCE- An alien who
is removed from the United States under paragraph (1) and who is subsequently
determined to be unlawfully present in the United States shall be imprisoned
for not more than five years and fined in accordance with title 18, United
States Code, and shall be removed from the United States under such paragraph
after having completed the term of imprisonment.
(d) Temporary Resident Status-
(1) IN GENERAL- Upon registration under subsection (b), the Secretary
of Homeland Security shall adjust the status of such an alien to that
of an alien lawfully admitted for temporary residence.
(2) PERIOD OF VALIDITY- Such temporary status shall be valid for a period
of 15 months beginning on the date of the adjustment but shall be extended
during the pendency of an application for adjustment to lawful permanent
resident status under subsection (e)(1)(A).
(3) TERMINATION OF STATUS AND REMOVAL FROM UNITED STATES- The Secretary
shall terminate the status of an alien provided lawful temporary residence
under this section and remove such alien from the United States in accordance
with subsection (c) in the same manner as an alien described in such subsection
is subject to removal if--
(A) the Secretary determines that such alien was in fact not eligible
for registration under subsection (b); or
(i) commits an act that makes such alien inadmissible to the United
States as an immigrant; or
(ii) is convicted of any felony or three or more misdemeanors committed
in the United States.
(e) Subsequent Adjustment to Permanent Residence-
(1) IN GENERAL- The Secretary of Homeland Security shall adjust the status
of an alien provided lawful temporary resident status under subsection
(d) (which has not be terminated or subject to termination under paragraph
(3) of such subsection) to that of an alien lawfully admitted for permanent
residence if such alien satisfies the following requirements:
(A) TIMELY APPLICATION AFTER ONE YEAR'S RESIDENCE- Such alien submits
to the Office an application for such adjustment during the three month
period beginning with the twelfth month that begins after the date such
alien was granted such temporary resident status.
(B) BASIC CITIZENSHIP SKILLS- Such alien demonstrates to the satisfaction
of the Secretary of Homeland Security that such alien satisfies the
requirements of section 312(a) of the Immigration and Nationality Act
(8 U.S.C. 1423(a)) (relating to an understanding of the English language,
including an ability to read, write, and speak words in ordinary usage
in the English language, and a knowledge and understanding of the fundamentals
of the history, and of the principles and form of government, of the
United States).
(2) RELATION TO NATURALIZATION EXAMINATION- In accordance with regulations
of the Secretary of Homeland Security, an alien who has demonstrated under
paragraph (1)(B) that such alien satisfies the requirements of section
312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)) may be
considered to have satisfied the requirements of such section for purposes
of becoming naturalized as a citizen of the United States under title
III of such Act.
(3) REMOVAL FROM UNITED STATES FOR FAILURE TO ADJUST STATUS- If an alien
obtains lawful temporary resident status and does not satisfy the requirements
of this subsection for adjustment to lawful permanent residence, such
alien shall be removed from the United States in accordance with subsection
(c) in the same manner as an alien described in such subsection is subject
to removal.
(f) Employer Responsibilities-
(1) IN GENERAL- Each employer in the United States that employs an alien
who is eligible for registration under subsection (b) and who is not otherwise
so registered shall register such alien with the Office under such subsection.
(2) PENALTIES- An employer that violates the requirement of paragraph
(1) shall be fined by the Office in an amount not to exceed $50,000 for
each such alien with respect to whom such a violation occurs.
(g) Payment of Taxes- Beginning on the date of an alien's registration under
subsection (b), such an alien shall be liable for the payment of all applicable
Federal, State, and local taxes.
(h) Naturalization- An alien who is registered with the Office under subsection
(b) and whose status has been adjusted under subsection (e) to that of an
alien lawfully admitted for permanent residence is eligible for naturalization
under title III of the Immigration and Nationality Act if such an alien
satisfies the requirements for otherwise applicable.
SEC. 7. VISA TIGHTENING FOR TEMPORARY WORKERS.
Visas issued to nonimmigrants under subparagraph (H)(ii) of section 101(a)(15)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) shall be tamper-resistant
and counterfeit-proof and shall contain a biometric component, such as a
fingerprint or an iris scan, that is substantially similar to the biometric
component required under section 6(b)(3)(B)(viii).
END
