109th CONGRESS
2d Session
S. 2368
To amend the Immigration and Nationality Act and other Acts to
provide for border security and interior enforcement improvements, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
March 3, 2006
Mr. NELSON of Nebraska (for himself, Mr. SESSIONS, and Mr. COBURN) introduced
the following bill; which was read twice and referred to the Committee on
Finance
A BILL
To amend the Immigration and Nationality Act and other Acts to
provide for border security and interior enforcement improvements, and for
other purposes.
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 `Border Security and Interior
Enforcement Improvement Act of 2006'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--SOUTHWEST BORDER SECURITY
Sec. 101. Construction of fencing and security improvements in border
area from Pacific Ocean to Gulf of Mexico.
Sec. 102. Border patrol agents.
Sec. 103. Increased availability of Department of Defense equipment to
assist with surveillance of southern international land border of the
United States.
Sec. 104. Ports of entry.
Sec. 105. Authorization of appropriations.
TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT
Subtitle A--Additional Federal Resources
Sec. 201. Necessary assets for controlling United States borders.
Sec. 202. Additional immigration personnel.
Sec. 203. Additional worksite enforcement and fraud detection agents.
Sec. 204. Document fraud detection.
Sec. 205. Powers of immigration officers and employees.
Subtitle B--Maintaining Accurate Enforcement Data on Aliens
Sec. 211. Entry-exit system.
Sec. 212. State and local law enforcement provision of information regarding
aliens.
Sec. 213. Listing of immigration violators in the National Crime Information
Center database.
Sec. 214. Determination of immigration status of individuals charged with
Federal offenses.
Subtitle C--Detention of Aliens and Reimbursement of Costs
Sec. 221. Increase of Federal detention space and the utilization of facilities
identified for closures as a result of the Defense Base Closure Realignment
Act of 1990.
Sec. 222. Federal custody of illegal aliens apprehended by State or local
law enforcement.
Sec. 223. Institutional Removal Program.
Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws
Sec. 231. Congressional affirmation of immigration law enforcement authority
by States and political subdivisions of States.
Sec. 232. Immigration law enforcement training of State and local law
enforcement personnel.
TITLE III--VISA REFORM AND ALIEN STATUS
Subtitle A--Limitations on Visa Issuance and Validity
Sec. 301. Curtailment of visas for aliens from countries denying or delaying
repatriation of nationals.
Sec. 302. Judicial review of visa revocation.
Sec. 303. Elimination of diversity immigrant program.
Sec. 304. Completion of background and security checks.
Sec. 305. Naturalization and good moral character.
Sec. 306. Denial of benefits to terrorists and criminals.
Sec. 307. Repeal of adjustment of status of certain aliens physically
present in United States under section 245(i).
Sec. 308. Grounds of Inadmissibility and Removability for Persecutors.
Sec. 309. Technical Corrections to SEVIS Reporting Requirements.
TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY
Subtitle A--In General
Subtitle B--Employment Eligibility Verification System
Sec. 411. Employment Eligibility Verification System.
Sec. 412. Employment eligibility verification process.
Sec. 413. Expansion of employment eligibility verification system to previously
hired individuals and recruiting and referring.
Sec. 414. Extension of preemption to required construction of day laborer
shelters.
Sec. 415. Basic pilot program.
Sec. 416. Protection for United States workers and individuals reporting
immigration law violations.
Subtitle C--Work Eligibility Verification Reform in the Social Security
Administration
Sec. 421. Verification responsibilities of the Commissioner of Social
Security.
Sec. 422. Notification by commissioner of failure to correct social security
information.
Sec. 423. Restriction on access and use.
Sec. 424. Sharing of information with the commissioner of Internal Revenue
Service.
Sec. 425. Sharing of information with the Secretary of Homeland Security.
Subtitle D--Employment Eligibility Verification System Reform in the Internal
Revenue Agency
Sec. 431. Sharing of information with the Secretary of Homeland Security
and the Commissioner of Social Security.
Sec. 432. Ineligibility for nonresident alien tax status and the Earned
Income Tax Credit for unauthorized work.
Sec. 433. Lawful use of individual taxpayer identification numbers.
Sec. 434. No deduction allowed for compensation paid to unauthorized workers.
Subtitle E--Identification Document Integrity
Sec. 441. Consular identification documents.
Sec. 442. Machine-readable tamper-resistant immigration documents.
Subtitle F--Limitations on Illegal Alien Collection of Social Security
Sec. 451. Exclusion of unauthorized employment from employment upon which
creditable wages may be based.
Sec. 452. Exclusion of unauthorized functions and services from trade
or business from which creditable self-employment income may be derived.
Sec. 453. Effective date.
Subtitle G--Effective Date; Authorization of Appropriations
Sec. 461. Effective date.
Sec. 462. Authorization of appropriations.
TITLE V--PENALTIES AND ENFORCEMENT
Subtitle A--Criminal and Civil Penalties
Sec. 501. Alien smuggling and related offenses.
Sec. 502. Evasion of inspection or violation of arrival, reporting, entry,
or clearance requirements.
Sec. 503. Improper entry by, or presence of, aliens.
Sec. 504. Fees and Employer Compliance Fund.
Sec. 505. Reentry of removed alien.
Sec. 506. Civil and criminal penalties for document fraud, benefit fraud,
and false claims of citizenship.
Sec. 507. Rendering inadmissible and deportable aliens participating in
criminal street gangs.
Sec. 508. Mandatory detention of suspected criminal street gang members.
Sec. 509. Ineligibility for asylum and protection from removal.
Sec. 510. Penalties for misusing social security numbers or filing false
information with Social Security Administration.
Sec. 511. Technical and clarifying amendments.
Subtitle B--Detention, Removal, and Departure
Sec. 521. Voluntary departure reform.
Sec. 522. Release of aliens in removal proceedings.
Sec. 523. Expedited removal.
Sec. 524. Reinstatement of previous removal orders.
Sec. 525. Cancellation of removal.
Sec. 526. Detention of dangerous alien.
Sec. 527. Alternatives to detention.
Sec. 528. Authorization of appropriations.
SEC. 2. SEVERABILITY.
If any provision of this Act, any amendment made by this Act, or the application
of such provision or amendment to any person or circumstance is held to
be unconstitutional, the remainder of this Act, and the application of such
provision to other persons not similarly situated or to other circumstances,
shall not be affected by such holding.
TITLE I--SOUTHWEST BORDER SECURITY
SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER
AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.
(a) In General- Section 102(b)(1) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103
note) is amended to read as follows--
`(1) BORDER SECURITY IMPROVEMENTS-
`(A) BORDER ZONE CREATION-
`(i) IN GENERAL- In carrying out subsection (a), the Secretary of
Homeland Security shall create and control a border zone, along the
international land border between the United States and Mexico, subject
to the following conditions:
`(I) SIZE- The border zone shall consist of the United States land
area within 100 yards of such international land border, except
that with respect to areas of the border zone that are contained
within an organized subdivision of a State or local government,
the Secretary may adjust the area included in the border zone to
accommodate existing public and private structures.
`(II) FEDERAL LAND- Not later than 30 days after the date of the
enactment of the Border Security and Interior Enforcement Improvement
Act of 2006, the head of each Federal agency having jurisdiction
over Federal land included in the border zone shall transfer such
land, without reimbursement, to the administrative jurisdiction
of the Secretary of Homeland Security.
`(III) CONSULTATION- Before installing any fencing or other physical
barriers, roads, lighting, or sensors under subparagraph (B) on
land transferred by the Secretary of Defense under subclause (II),
the Secretary of Homeland Security shall consult with the Secretary
of Defense for purposes of mitigating or limiting the impact of
the fencing, barriers, roads, lighting, and sensors on military
training and operations.
`(ii) OTHER USES- The Secretary may authorize the use of land included
in the border zone for other purposes so long as such use does not
impede the operation or effectiveness of the security features installed
under subparagraph (B) or the ability of the Secretary to carry out
subsection (a).
`(B) REINFORCED FENCING- In carrying out subsection (a), the Secretary
of Homeland Security shall provide for--
`(i) the construction along the southern international land border
between the United States and Mexico, starting at the Pacific Ocean
and extending eastward to the Gulf of Mexico, of at least 2 layers
of reinforced fencing; and
`(ii) the installation of such additional physical barriers, roads,
lighting, ditches, and sensors along such border as may be necessary
to eliminate illegal crossings and facilitate legal crossings along
such border.
`(C) PRIORITY AREAS- With respect to the border described in subparagraph
(B), the Secretary shall ensure that initial fence construction occurs
in high traffic and smuggling areas along such border.'.
(b) Conforming Amendments- Section 102 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103
note) as amended by subsection (a) is further amended--
(1) in subsection (a), by striking `Attorney General, in consultation
with the Commissioner of Immigration and Naturalization,' and inserting
`Secretary of Homeland Security';
(2) in subsection (b), by striking the heading and inserting `Border Zone
Creation and Reinforced Fending--'; and
(3) by striking `Attorney General' each place it appears and inserting
`Secretary of Homeland Security'.
SEC. 102. BORDER PATROL AGENTS.
Section 5202 of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3734) is amended--
(1) by striking `2010' both places it appears and inserting `2011'; and
(2) by striking `2,000' and inserting `3,000'.
SEC. 103. INCREASED AVAILABILITY OF DEPARTMENT OF DEFENSE EQUIPMENT TO
ASSIST WITH SURVEILLANCE OF SOUTHERN INTERNATIONAL LAND BORDER OF THE UNITED
STATES.
(a) Increased Availability of Equipment- The Secretary of Defense and the
Secretary of Homeland Security shall develop and implement a plan to use
the authorities provided to the Secretary of Defense under chapter 18 of
title 10, United States Code, to increase the availability and use of Department
of Defense equipment, including unmanned aerial vehicles, tethered aerostat
radars, and other surveillance equipment, to assist with Department of Homeland
Security surveillance activities conducted at or near the southern international
land border of the United States.
(b) Report- Not later than 6 months after the date of the enactment of this
Act, the Secretary of Defense and the Secretary of Homeland Security shall
submit a report to Congress that contains--
(1) a description of the current use of Department of Defense equipment
to assist with Department of Homeland Security surveillance of the southern
international land border of the United States;
(2) the plan developed under subsection (a) to increase the use of Department
of Defense equipment to assist with such surveillance activities; and
(3) a description of the types of equipment and other support to be provided
by Department of Defense under such plan during the 1-year period beginning
after submission of the report.
SEC. 104. PORTS OF ENTRY.
To facilitate legal trade, commerce, tourism, and legal immigration, the
Secretary of Homeland Security is authorized to--
(1) construct additional ports of entry along the international land border
of the United States, at locations to be determined by the Secretary;
and
(2) make necessary improvements to the ports of entry in existence on
the date of the enactment of this Act.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated $5,000,000,000 to
carry out section 102(b)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103), as amended
by section 101. Such sums shall be available until expended.
(b) Border Patrol Agents- There are authorized to be appropriated $3,000,000,000
to carry out section 5202 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108-458; 118 Stat. 3734), as amended by section
102.
(c) Ports of Entry- There are authorized to be appropriated $125,000,000
to carry out section 104.
(d) Conforming Amendment- Section 102(b)(4) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is repealed.
TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT
Subtitle A--Additional Federal Resources
SEC. 201. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.
(1) CUSTOMS AND BORDER PROTECTION OFFICERS- In each of the fiscal years
2007 through 2011, the Secretary of Homeland Security shall increase by
not less than 250 the number of positions for full-time active duty Customs
and Border Protection officers.
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2007 through 2011
to carry out paragraph (1).
(b) Technological Assets-
(1) ACQUISITION- The Secretary of Homeland Security shall procure unmanned
aerial vehicles, cameras, poles, sensors, and other technologies necessary
to achieve operational control of the borders of the United States.
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
$500,000,000 for each of fiscal years 2007 through 2011 to carry out paragraph
(1).
(c) Border Patrol Checkpoints- Notwithstanding any other provision of law
or regulation, temporary or permanent checkpoints may be maintained on roadways
in border patrol sectors close to the international land borders of the
United States in such locations and for such time period durations as the
Secretary of Homeland Security, in the Secretary's sole discretion, determines
necessary.
SEC. 202. ADDITIONAL IMMIGRATION PERSONNEL.
(a) Department of Homeland Security-
(1) INVESTIGATIVE PERSONNEL- In addition to the positions authorized under
section 5203 of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3734), for each of fiscal years 2007
through 2011, the Secretary of Homeland Security shall, subject to the
availability of appropriations for such purpose, increase by not less
than 200 the number of positions for investigative personnel within the
Department of Homeland Security investigating alien smuggling and immigration
status violations above the number of such positions for which funds were
made available during the preceding fiscal year.
(2) TRIAL ATTORNEYS- In each of fiscal years 2007 through 2011, the Secretary
of Homeland Security shall, subject to the availability of appropriations
for such purpose, increase the number of positions for attorneys in the
Office of General Counsel of the Department of Homeland Security who represent
the Department in immigration matters by not less than 100 above the number
of such positions for which funds were made available during each preceding
fiscal year.
(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Department of Homeland Security for each of fiscal years 2007 through
2011 such sums as may be necessary to carry out this subsection.
(b) Department of Justice-
(1) ASSISTANT ATTORNEY GENERAL FOR IMMIGRATION ENFORCEMENT-
(A) ESTABLISHMENT- There is established within the Department of Justice
the position of Assistant Attorney General for Immigration Enforcement.
The Assistant Attorney General for Immigration Enforcement shall coordinate
and prioritize immigration litigation and enforcement in the Federal
courts, including--
(i) removal and deportation;
(ii) employer sanctions; and
(iii) alien smuggling and human trafficking.
(B) CONFORMING AMENDMENT- Section 506 of title 28, United States Code,
is amended by striking `ten' and inserting `11'.
(2) LITIGATION ATTORNEYS- In each of fiscal years 2007 through 2011, the
Attorney General shall, subject to the availability of appropriations
for such purpose, increase by not less than 50 the number of positions
for attorneys in the Office of Immigration Litigation of the Department
of Justice above the number of such positions for which funds were made
available during the preceding fiscal year.
(3) ASSISTANT UNITED STATES ATTORNEYS- In each of fiscal years 2007 through
2011, the Attorney General shall, subject to the availability of appropriations
for such purpose, increase by not less than 50 the number of Assistant
United States Attorneys to litigate immigration cases in the Federal courts
above the number of such positions for which funds were made available
during the preceding fiscal year.
(4) IMMIGRATION JUDGES- In each of fiscal years 2007 through 2011, the
Attorney General shall, subject to the availability of appropriations
for such purpose, increase by not less than 50 the number of immigration
judges above the number of such positions for which funds were made available
during the preceding fiscal year.
(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
to the Department of Justice for each of fiscal years 2007 through 2011
such sums as may be necessary to carry out this subsection, including
the hiring of necessary support staff.
SEC. 203. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.
(a) Worksite Enforcement- In each of fiscal years 2007 through 2011, the
Secretary of Homeland Security shall, subject to the availability of appropriations
for such purpose, increase by not less than 2,000, the number of positions
for investigators dedicated to enforcing compliance with sections 274 and
274A of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a) above
the number of such positions in which funds were made available during the
preceding fiscal year.
(b) Fraud Detection- In each of fiscal years 2007 through 2011, the Secretary
of Homeland Security shall, subject to the availability of appropriations
for such purpose, increase by not less than 1,000 the number of positions
for Immigration Enforcement Agents dedicated to immigration fraud detection
above the number of such positions in which funds were made available during
the preceding fiscal year.
(c) Authorization of Appropriations- There are authorized to be appropriated
during each of fiscal years 2007 through 2011 such sums as may be necessary
to carry out this section.
SEC. 204. DOCUMENT FRAUD DETECTION.
(a) Training- The Secretary of Homeland Security shall provide all customs
and border protection officers with training in identifying and detecting
fraudulent travel documents. Such training shall be developed in consultation
with the Forensic Document Laboratory of the Bureau of Immigration and Customs
Enforcement of the Department of Homeland Security.
(b) Forensic Document Laboratory- The Secretary of Homeland Security shall
provide all officers of the Bureau of Customs and Border Protection with
access to the Forensic Document Laboratory.
(c) Authorization of Appropriations- There are authorized to be appropriated
$5,000,000 for each of fiscal years 2007 through 2011 to carry out this
section.
SEC. 205. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES.
Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 1357(a))
is amended--
(1) by striking paragraph (5) and the 2 undesignated paragraphs following
paragraph (5);
(2) in the material preceding paragraph (1)--
(A) by striking `(a) Any' and inserting `(a)(1) Any'; and
(B) by striking `Service' and inserting `Department of Homeland Security';
(3) by redesignating paragraphs (1), (2), (3), and (4) as subparagraphs
(A), (B), (C), and (D), respectively; and
(4) by inserting after subparagraph (D), as redesignated by paragraph
(3), the following:
`(i) for any offense against the United States, if the offense is committed
in the officer's or employee's presence; or
`(ii) for any felony cognizable under the laws of the United States,
if the officer or employee has reasonable grounds to believe that the
person to be arrested has committed or is committing such a felony.
`(2) Under regulations prescribed by the Attorney General or the Secretary
of Homeland Security, an officer or employee of the Service may carry a
firearm and may execute and serve any order, warrant, subpoena, summons,
or other process issued under the authority of the United States.'.
Subtitle B--Maintaining Accurate Enforcement Data on Aliens
SEC. 211. ENTRY-EXIT SYSTEM.
(a) Integrated Entry and Exit Data System- Section 110(b)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a(b)(1))
is amended to read as follows:
`(1) provides access to, and integrates, arrival and departure data of
all aliens who arrive and depart at ports of entry, in an electronic format
and in a database of the Department of Homeland Security or the Department
of State (including those created or used at ports of entry and at consular
offices);'.
(b) Construction- Section 110(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a(c)) is amended to read as follows:
`(c) Construction- Nothing in this section shall be construed to reduce
or curtail any authority of the Secretary of Homeland Security or the Secretary
of State under any other provision of law.'.
(c) Deadlines- Section 110(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a(d)) is amended--
(1) in paragraph (1), by striking `December 31, 2003' and inserting `October
1, 2006'; and
(2) by amending paragraph (2) to read as follows:
`(2) LAND BORDER PORTS OF ENTRY- Not later than October 1, 2006, the Secretary
of Homeland Security shall implement the integrated entry and exit data
system using the data described in paragraph (1) and available alien arrival
and departure data described in subsection (b)(1) pertaining to aliens
arriving in, or departing from, the United States at all land border ports
of entry. Such implementation shall include ensuring that such data, when
collected or created by an immigration officer at a port of entry, are
entered into the system and can be accessed by immigration officers at
airports, seaports, and other land border ports of entry.'.
(d) Authority To Provide Access to System- Section 110(f)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a(f)(1))
is amended by adding at the end: `The Secretary of Homeland Security shall
ensure that any officer or employee of the Department of Homeland Security
or the Department of State having need to access the data contained in the
integrated entry and exit data system for any lawful purpose under the Immigration
and Nationality Act has such access, including access for purposes of representation
of the Department of Homeland Security in removal proceedings under section
240 of such Act and adjudication of applications for benefits under such
Act.'.
(e) Biometric Data Enhancements- Not later than October 1, 2006, the Secretary
of Homeland Security shall--
(1) in consultation with the Attorney General, enhance connectivity between
the automated biometric fingerprint identification system (IDENT) of the
Department of Homeland Security and the integrated automated fingerprint
identification system (IAFIS) of the Federal Bureau of Investigation fingerprint
databases to ensure more expeditious data searches; and
(2) in consultation with the Secretary of State, collect all 10 fingerprints
during the alien's initial enrollment in the integrated entry and exit
data system described in section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), as amended
by this section.
SEC. 212. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION REGARDING
ALIENS.
(a) Violations of Federal Law- A statute, policy, or practice that prohibits,
or restricts in any manner, a law enforcement or administrative enforcement
officer of a State or of a political subdivision therein, from enforcing
Federal immigration laws or from assisting or cooperating with Federal immigration
law enforcement in the course of carrying out the investigative or enforcement
duties of the officer or from providing information to an official of the
United States Government regarding the immigration status of an individual
who is believed to be illegally present in the United States, is in violation
of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1373(a)) and section 434 of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644).
(b) State and Local Law Enforcement Provision of Information About Apprehended
Illegal Aliens-
(1) PROVISION OF INFORMATION-
(A) IN GENERAL- In compliance with section 642(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)) and
section 434 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1644), each law enforcement agency of a State
or of a political subdivision therein shall provide to the Department
of Homeland Security the information listed in paragraph (2) for each
alien who is apprehended in the jurisdiction of such agency and who
cannot produce the valid certificate of alien registration or alien
registration receipt card described in section 264(d) of the Immigration
and Nationality Act (8 U.S.C. 1304(d)).
(B) TIME LIMITATION- Not later than 15 days after an alien described
in subparagraph (A) is apprehended, information required to be provided
under subparagraph (A) shall be provided in such form and in such manner
as the Secretary of Homeland Security may, by regulation or guideline,
require.
(C) EXCEPTION- The reporting requirement in paragraph (A) shall not
apply in the case of any alien determined to be lawfully present in
the United States.
(2) INFORMATION REQUIRED- The information listed in this subsection is
as follows:
(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.
(i) the alien's driver's license number and the State of issuance
of such license;
(ii) 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;
(iii) the license number and description of any vehicle registered
to, or operated by, the alien; and
(iv) a photo of the alien and a full set of the alien's 10 rolled
fingerprints, if available or readily obtainable.
(3) REIMBURSEMENT- The Secretary of Homeland Security shall reimburse
such law enforcement agencies for the costs, per a schedule determined
by the Secretary, incurred by such agencies in collecting and transmitting
the information described in paragraph (2).
(c) Technical and Conforming Amendments-
(1) ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996-
(A) TECHNICAL AMENDMENT- Section 642 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) is amended--
(i) in subsections (a), (b)(1), and (c), by striking `Immigration
and Naturalization Service' each place it appears and inserting `Department
of Homeland Security'; and
(ii) in the heading by striking `immigration and naturalization service'
and inserting `department of homeland security'.
(B) CONFORMING AMENDMENT- Section 1(d) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208;
110 Stat. 3009-546) is amended by striking the item related to section
642 and inserting the following:
`Sec. 642. Communication between government agencies and the Department
of Homeland Security.'.
(2) PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF
1996-
(A) IN GENERAL- Section 434 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644) is amended--
(i) by striking `Immigration and Naturalization Service' and inserting
`Department of Homeland Security'; and
(ii) in the heading by striking `immigration and naturalization service'
and inserting `department of homeland security'.
(B) CONFORMING AMENDMENT- Section 2 of the Personal Responsibility and
Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is amended
by striking the item related to section 434 and inserting the following:
`Sec. 434. Communication between State and local government agencies and
the Department of Homeland Security.'.
(d) Authorization of Appropriations- There is authorized to be appropriated
such sums as may be necessary to carry out the requirements of this section.
SEC. 213. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION
CENTER DATABASE.
(a) Provision of Information to the National Crime Information Center-
(1) IN GENERAL- Not later than 180 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall provide to the head
of the National Crime Information Center of the Department of Justice
the information that the Secretary of Homeland Security has or maintains
related to any alien--
(A) against whom a final order of removal has been issued;
(B) who enters into a voluntary departure agreement, or is granted voluntary
departure by an immigration judge, whose period for departure has expired
under subsection (a)(2) or (b)(2) of section 240B of the Immigration
and Nationality Act (8 U.S.C. 1229c) or who has violated a condition
of a voluntary departure agreement under such section 240B;
(C) detained by a Federal, State, or local law enforcement agency whom
a Federal immigration officer has confirmed to be unlawfully present
in the United States but, in the exercise of discretion, has been released
from detention without transfer into the custody of a Federal immigration
officer;
(D) who has remained in the United States beyond the alien's authorized
period of stay; and
(E) whose visa has been revoked.
(2) REMOVAL OF INFORMATION- The head of the National Crime Information
Center should promptly remove any information provided by the Secretary
of Homeland Security under paragraph (1) related to an alien who is granted
lawful authority to enter or remain legally in the United States.
(b) Inclusion of Information in the National Crime Information Center Database-
Section 534(a) of title 28, United States Code, is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new paragraph:
`(4) acquire, collect, classify, and preserve records of violations of
the immigration laws of the United States, regardless of whether the alien
has received notice of the violation or the alien has already been removed;
and'.
SEC. 214. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED WITH
FEDERAL OFFENSES.
(a) Responsibility of United States Attorneys- Beginning 2 years after the
date of the enactment of this Act, the office of the United States attorney
that is prosecuting a criminal case in a Federal court--
(1) shall determine, not later than 30 days after filing the initial pleadings
in the case, whether each defendant in the case is lawfully present in
the United States (subject to subsequent legal proceedings to determine
otherwise);
(2)(A) if the defendant is determined to be an alien lawfully present
in the United States, shall notify the court in writing of the determination
and the current status of the alien under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.); and
(B) if the defendant is determined not to be lawfully present in the United
States, shall notify the court in writing of the determination, the defendant's
alien status, and, to the extent possible, the country of origin or legal
residence of the defendant; and
(3) ensure that the information described in paragraph (2) is included
in the case file and the criminal records system of the office of the
United States attorney.
(b) Guidelines- A determination made under subsection (a)(1) shall be made
in accordance with guidelines of the Executive Office for Immigration Review
of the Department of Justice.
(c) Responsibilities of Federal Courts-
(1) MODIFICATIONS OF RECORDS AND CASE MANAGEMENTS SYSTEMS- Not later than
2 years after the date of the enactment of this Act, all Federal courts
that hear criminal cases, or appeals of criminal cases, shall modify their
criminal records and case management systems, in accordance with guidelines
which the Director of the Administrative Office of the United States Courts
shall establish, so as to enable accurate reporting of information described
in subsection (a)(2).
(2) DATA ENTRIES- Beginning 2 years after the date of the enactment of
this Act, each Federal court described in paragraph (1) shall enter into
its electronic records the information contained in each notification
to the court under subsection (a)(2).
(d) Annual Report to Congress- The Director of the Administrative Office
of the United States Courts shall include, in the annual report filed with
the Congress under section 604 of title 28, United States Code--
(1) statistical information on criminal trials of aliens in the courts
and criminal convictions of aliens in the lower courts and upheld on appeal,
including the type of crime in each case and including information on
the legal status of the aliens; and
(2) recommendations on whether additional court resources are needed to
accommodate the volume of criminal cases brought against aliens in the
Federal courts.
(e) Authorization of Appropriations- There are authorized to be appropriated
for each of fiscal years 2007 through 2012, such sums as may be necessary
to carry out this Act. Funds appropriated pursuant to this subsection in
any fiscal year shall remain available until expended.
Subtitle C--Detention of Aliens and Reimbursement of Costs
SEC. 221. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF FACILITIES
IDENTIFIED FOR CLOSURES AS A RESULT OF THE DEFENSE BASE CLOSURE REALIGNMENT
ACT OF 1990.
(a) Construction or Acquisition of Detention Facilities-
(1) IN GENERAL- The Secretary of Homeland Security shall construct or
acquire, in addition to existing facilities for the detention of aliens,
20 detention facilities in the United States that have the capacity to
detain a combined total of not less than 10,000 individuals at any time
for aliens detained pending removal or a decision on removal of such aliens
from the United States.
(2) DETERMINATION OF LOCATION- The location of any detention facility
built or acquired in accordance with this subsection shall be determined
with the concurrence of the Secretary by the senior officer responsible
for Detention and Removal Operations in the Department of Homeland Security.
The detention facilities shall be located so as to enable the Department
to increase to the maximum extent practicable the annual rate and level
of removals of illegal aliens from the United States.
(3) USE OF INSTALLATIONS UNDER BASE CLOSURE LAWS- In acquiring detention
facilities under this subsection, the Secretary of Homeland Security shall
consider the transfer of appropriate portions of military installations
approved for closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note) for use in accordance with
paragraph (1).
(b) Technical and Conforming Amendment- Section 241(g)(1) of the Immigration
and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by striking `may expend'
and inserting `shall expend'.
(c) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to carry out this section.
SEC. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR 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 new
section:
`SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY.
`(a) In General- If the head of a law enforcement entity of a State (or,
if appropriate, a political subdivision of the State) exercising authority
with respect to the apprehension or arrest of an illegal alien submits a
request to the Secretary of Homeland Security that the alien be taken into
Federal custody, the Secretary of Homeland Security--
`(A) deem the request to include the inquiry to verify immigration status
described in section 642(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373(c)), and expeditiously inform
the requesting entity whether such individual is an illegal alien; and
`(B) if the individual is an illegal alien, either--
`(i) not later than 72 hours after the conclusion of the State charging
process or dismissal process, or if no State charging or dismissal
process is required, not later than 72 hours after the illegal alien
is apprehended, take the illegal alien into the custody of the Federal
Government and incarcerate the alien; or
`(ii) request that the relevant State or local law enforcement agency
temporarily detain or transport the illegal alien to a location for
transfer to Federal custody; and
`(2) shall designate at least 1 Federal, State, or local prison or jail
or a private contracted prison or detention facility within each State
as the central facility for that State to transfer custody of criminal
or illegal aliens to the Department of Homeland Security.
`(1) IN GENERAL- The Secretary of Homeland Security shall reimburse a
State or a political subdivision of a State for expenses, as verified
by the Secretary of Homeland Security, incurred by the State or political
subdivision in the detention and transportation of a criminal or illegal
alien as described in subparagraphs (A) and (B) of subsection (a)(1).
`(2) COST COMPUTATION- Compensation provided for costs incurred under
subparagraphs (A) and (B) of subsection (a)(1) shall be--
`(i) the average daily cost of incarceration of a prisoner in the
relevant State, as determined by the chief executive officer of a
State (or, as appropriate, a political subdivision of the State);
multiplied by
`(ii) the number of days that the alien was in the custody of the
State or political subdivision; plus
`(B) the cost of transporting the criminal or illegal alien from the
point of apprehension or arrest to the location of detention, and if
the location of detention and of custody transfer are different, to
the custody transfer point; plus
`(C) the cost of uncompensated emergency medical care provided to a
detained illegal alien during the period between the time of transmittal
of the request described in subsection (a) and the time of transfer
into Federal custody.
`(c) Requirement for Appropriate Security- The Secretary of Homeland Security
shall ensure that illegal aliens incarcerated in a Federal facility pursuant
to this subsection are held in facilities which provide an appropriate level
of security, and that, where practicable, aliens detained solely for civil
violations of Federal immigration law are separated within a facility or
facilities.
`(d) Requirement for Schedule- In carrying out this section, the Secretary
of Homeland Security shall establish a regular circuit and schedule for
the prompt transportation of apprehended illegal aliens from the custody
of those States and political subdivisions of States which routinely submit
requests described in subsection (a) into Federal custody.
`(e) Authority for Contracts-
`(1) IN GENERAL- The Secretary of Homeland Security may enter into contracts
or cooperative agreements with appropriate State and local law enforcement
and detention agencies to implement this section.
`(2) DETERMINATION BY SECRETARY- Prior to entering into a contract or
cooperative agreement with a State or political subdivision of a State
under paragraph (1), the Secretary shall determine whether the State,
or where appropriate, the political subdivision in which the agencies
are located 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 Secretary shall not allocate any of the funds
made available under this section to any State or political subdivision
that has in place a policy that violates such section.
`(f) Illegal Alien Defined- In 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 are authorized
to be appropriated $850,000,000 for fiscal year 2007 and each subsequent
fiscal year 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.).
SEC. 223. INSTITUTIONAL REMOVAL PROGRAM.
(a) Institutional Removal Program-
(1) CONTINUATION- The Secretary of Homeland Security shall continue to
operate the Institutional Removal Program or develop and implement any
other program to--
(A) identify removable criminal aliens in Federal and State correctional
facilities;
(B) ensure that such aliens are not released into the community; and
(C) remove such aliens from the United States after the completion of
their sentences.
(2) EXPANSION- The Secretary of Homeland Security shall extend the institutional
removal program to all States. Each State should--
(A) cooperate with officials of the Federal Institutional Removal Program;
(B) expeditiously and systematically identify criminal aliens in its
prison and jail populations; and
(C) promptly convey the information collected under subparagraph (B)
to officials of the Institutional Removal Program.
(b) Implementation of Cooperative Institutional Removal Programs- Section
642 of the Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1373), is amended by adding at the end the following:
`(d) Authorization for Detention After Completion of State or Local Prison
Sentence- Law enforcement officers of a State or political subdivision of
a State are authorized to--
`(1) hold an illegal alien for a period of up to 14 days after the alien
has completed the alien's State prison sentence in order to effectuate
the transfer of the alien to Federal custody when the alien is removable
or not lawfully present in the United States; or
`(2) issue a detainer that would allow aliens who have served a State
prison sentence to be detained by the State prison until personnel from
the Bureau of Immigration and Customs Enforcement can take the alien into
custody.
`(e) Technology Usage- Technology such as videoconferencing shall be used
to the maximum extent practicable in order to make the Institutional Removal
Program available in remote locations. Mobile access to Federal databases
of aliens, such as the automated biometric fingerprint identification system
(IDENT) of the Department of Homeland Security, and live scan technology
shall be used to the maximum extent practicable in order to make these resources
available to State and local law enforcement agencies in remote locations.
`(f) Report to Congress- Not later than 1 year after the date of the enactment
of the Border Security and Interior Enforcement Improvement Act of 2006,
the Secretary of Homeland Security shall submit to Congress a report on
the participation of States in the Institutional Removal Program and in
any other program carried out under subsection (a).
`(g) Authorization of Appropriations- There are authorized to be appropriated
to carry out the Institutional Removal Program--
`(1) $30,000,000 for fiscal year 2007;
`(2) $40,000,000 for fiscal year 2008;
`(3) $50,000,000 for fiscal year 2009;
`(4) $60,000,000 for fiscal year 2010; and
`(5) $70,000,000 for fiscal year 2011 and each fiscal year thereafter.'.
Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws
SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT AUTHORITY
BY STATES AND POLITICAL SUBDIVISIONS OF STATES.
Notwithstanding any other provision of law and reaffirming the existing
inherent authority of States, law enforcement personnel of a State or a
political subdivision of a State have the inherent authority of a sovereign
entity to investigate, identify, apprehend, arrest, detain, or transfer
to Federal custody aliens in the United States (including the transportation
of such aliens across State lines to detention centers), for the purpose
of assisting in the enforcement of the immigration laws of the United States
in the normal course of carrying out the law enforcement duties of such
personnel. This State authority has never been displaced or preempted by
a Federal law.
SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW
ENFORCEMENT PERSONNEL.
(a) Training Manual and Pocket Guide-
(1) ESTABLISHMENT- Not later than 180 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall establish--
(A) a training manual for law enforcement personnel of a State or political
subdivision of a State to train such personnel in the investigation,
identification, apprehension, arrest, detention, and transfer to Federal
custody of aliens in the United States (including the transportation
of such aliens across State lines to detention centers and the identification
of fraudulent documents); and
(B) an immigration enforcement pocket guide for law enforcement personnel
of a State or political subdivision of a State to provide a quick reference
for such personnel in the course of duty.
(2) AVAILABILITY- The training manual and pocket guide established in
accordance with paragraph (1) shall be made available to all State and
local law enforcement personnel.
(3) APPLICABILITY- Nothing in this subsection shall be construed to require
State or local law enforcement personnel to carry the training manual
or pocket guide established in accordance with paragraph (1) with them
while on duty.
(4) COSTS- The Secretary of Homeland Security shall be responsible for
any and all costs incurred in establishing the training manual and pocket
guide under this subsection.
(b) Training Flexibility-
(1) IN GENERAL- The Secretary of Homeland Security shall make training
of State and local law enforcement officers available through as many
means as possible, including residential training at the Center for Domestic
Preparedness of the Department of Homeland Security, on-site training
held at State or local police agencies or facilities, online training
courses by computer, teleconferencing, and videotape, or the digital video
display (DVD) of a training course or courses.
(2) ONLINE TRAINING- The head of the Distributed Learning Program of the
Federal Law Enforcement Training Center shall make training available
for State and local law enforcement personnel via the Internet through
a secure, encrypted distributed learning system that has all its servers
based in the United States.
(3) FEDERAL PERSONNEL TRAINING- The training of State and local law enforcement
personnel under this section shall not displace the training of Federal
personnel.
(c) Cooperative Enforcement Programs- Not later than 2 years after the date
of the enactment of this Act, the Secretary shall negotiate and execute,
where practicable, a cooperative enforcement agreement described in section
287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) with at
least 1 law enforcement agency in each State, to train law enforcement officers
in the detection and apprehension of individuals engaged in transporting,
harboring, sheltering, or encouraging aliens in violation of section 274
of such Act (8 U.S.C. 1324).
(d) Duration of Training- Section 287(g)(2) of the Immigration and Nationalization
Act (8 U.S.C. 1357(g)(2)) is amended by adding at the end `Such training
may not exceed 14 days or 80 hours of classroom training.'.
(e) Clarification- Nothing in this Act or any other provision of law shall
be construed as making any immigration-related training a requirement for,
or prerequisite to, any State or local law enforcement officer exercising
the inherent authority of the officer to investigate, identify, apprehend,
arrest, detain, or transfer to Federal custody illegal aliens during the
normal course of carrying out the law enforcement duties of the officer.
(f) Technical Amendments- Section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) is amended by striking `Attorney General' each place
it appears and inserting `Secretary of Homeland Security'.
SEC. 233. IMMUNITY.
(a) Personal Immunity- Notwithstanding any other provision of law, a law
enforcement officer of a State, or of a political subdivision of a State,
shall be immune, to the same extent as a Federal law enforcement officer,
from personal liability arising out of the enforcement of any immigration
law. The immunity provided by this subsection shall only apply to an officer
of a State, or of a political subdivision of a State, who is acting within
the scope of such officer's official duties.
(b) Agency Immunity- Notwithstanding any other provision of law, a law enforcement
agency of a State, or of a political subdivision of a State, shall be immune
from any claim for money damages based on Federal, State, or local civil
rights law for an incident arising out of the enforcement of any immigration
law, except to the extent that the law enforcement officer of such agency,
whose action the claim involves, committed a violation of Federal, State,
or local criminal law in the course of enforcing such immigration law.
TITLE III--VISA REFORM AND ALIEN STATUS
Subtitle A--Limitations on Visa Issuance and Validity
SEC. 301. CURTAILMENT OF VISAS FOR ALIENS FROM COUNTRIES DENYING OR DELAYING
REPATRIATION OF NATIONALS.
(a) In General- Section 243 of the Immigration and Nationality Act (8 U.S.C.
1253) is amended by adding at the end the following new subsection:
`(e) Public Listing of Aliens With No Significant Likelihood of Removal-
`(1) IN GENERAL- The Secretary of Homeland Security shall establish and
maintain a public listing of every alien who is subject to a final order
of removal and with respect to whom the Secretary or any Federal court
has determined that there is no significant likelihood of removal in the
reasonably foreseeable future due to the refusal, or unreasonable delay,
of all countries designated by the alien under this section to receive
the alien. The public listing shall indicate whether such alien has been
released from Federal custody, and the city and State in which such alien
resides.
`(2) DISCONTINUATION OF VISAS- If 25 or more of the citizens, subjects,
or nationals of any foreign state remain on the public listing described
in paragraph (1) throughout any month--
`(A) such foreign state shall be deemed to have denied or unreasonably
delayed the acceptance of such aliens;
`(B) the Secretary of Homeland Security shall make the notification
to the Secretary of State prescribed in subsection (d) of this section;
and
`(C) the Secretary of State shall discontinue the issuance of nonimmigrant
visas to citizens, subjects, or nationals of such foreign state until
such time as the number of aliens on the public listing from such foreign
state has--
`(i) declined to fewer than 6; or
`(ii) remained below 25 for at least 30 days.'.
(b) Technical Amendment- Section 243 of the Immigration and Nationality
Act (8 U.S.C. 1253) is amended--
(1) in subsection (a)(1)(D), by inserting `or the Secretary of Homeland
Security' after `Attorney General';
(A) by striking `Attorney General' each place it appears and inserting
`Secretary of Homeland Security'; and
(B) by striking `Commissioner' and inserting `Secretary'; and
(A) by striking `Attorney General' each place it appears and inserting
`Secretary of Homeland Security'; and
(B) by inserting `of State' after `notifies the Secretary'.
SEC. 302. JUDICIAL REVIEW OF VISA REVOCATION.
Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i))
is amended by striking `, except in the context of a removal proceeding
if such revocation provides the sole ground for removal under section 237(a)(1)(B)'.
SEC. 303. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.
(a) Worldwide Level of Diversity Immigrants- Section 201 of the Immigration
and Nationality Act (8 U.S.C. 1151) is amended--
(A) by inserting `and' at the end of paragraph (1);
(B) by striking `; and' at the end of paragraph (2) and inserting a
period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Allocation of Diversity Immigrant Visas- Section 203 of such Act (8
U.S.C. 1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking `(a), (b), or (c),' and inserting `(a)
or (b),';
(3) in subsection (e), by striking paragraph (2) and redesignating paragraph
(3) as paragraph (2);
(4) in subsection (f), by striking `(a), (b), or (c)' and inserting `(a)
or (b)'; and
(5) in subsection (g), by striking `(a), (b), and (c)' and inserting `(a)
and (b)'.
(c) Procedure for Granting Immigrant Status- Section 204 of such Act (8
U.S.C. 1154) is amended--
(1) by striking subsection (a)(1)(I); and
(2) in subsection (e), by striking `(a), (b), or (c)' and inserting `(a)
or (b)'.
(d) Effective Date- The amendments made by this section shall take effect
on October 1, 2006.
SEC. 304. COMPLETION OF BACKGROUND AND SECURITY CHECKS.
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is amended
by adding at the end the following new subsection:
`(i) Notwithstanding any other provision of law, the Secretary of Homeland
Security, the Attorney General, or any court shall not--
`(1) grant or order the grant of adjustment of status to that of an alien
lawfully admitted for permanent residence;
`(2) grant or order the grant of any other status, relief, protection
from removal, or other benefit under the immigration laws; or
`(3) issue any documentation evidencing or related to such grant by the
Attorney General, the Secretary, or any court,
until such background and security checks as the Secretary may in his discretion
require have been completed to the satisfaction of the Secretary.'.
SEC. 305. NATURALIZATION AND GOOD MORAL CHARACTER.
(a) Naturalization Reform-
(1) BARRING TERRORISTS FROM NATURALIZATION- Section 316 of the Immigration
and Nationality Act (8 U.S.C. 1427) is amended by adding at the end the
following new subsection:
`(g) No person shall be naturalized who the Secretary of Homeland Security
determines, in the Secretary's discretion, to have been at any time an alien
described in section 212(a)(3) or 237(a)(4). Such determination may be based
upon any relevant information or evidence, including classified, sensitive,
or national security information, and shall be binding upon, and unreviewable
by, any court exercising jurisdiction under the immigration laws over any
application for naturalization, regardless whether such jurisdiction to
review a decision or action of the Secretary is de novo or otherwise.'.
(2) CONCURRENT NATURALIZATION AND REMOVAL PROCEEDINGS- The last sentence
of section 318 of such Act (8 U.S.C. 1429) is amended--
(A) by striking `shall be considered by the Attorney General' and inserting
`shall be considered by the Secretary of Homeland Security or any court';
(B) by striking `pursuant to a warrant of arrest issued under the provisions
of this or any other Act:' and inserting `or other proceeding to determine
the applicants inadmissibility or deportability, or to determine whether
the applicants lawful permanent resident status should be rescinded,
regardless of when such proceeding was commenced:'; and
(C) by striking `upon the Attorney General' and inserting `upon the
Secretary of Homeland Security'.
(3) PENDING DENATURALIZATION OR REMOVAL PROCEEDINGS- Section 204(b) of
such Act (8 U.S.C. 1154(b)) is amended by adding at the end `No petition
shall be approved pursuant to this section if there is any administrative
or judicial proceeding (whether civil or criminal) pending against the
petitioner that could (whether directly or indirectly) result in the petitioner's
denaturalization or the loss of the petitioner's lawful permanent resident
status.'.
(4) CONDITIONAL PERMANENT RESIDENTS- Section 216(e) of such Act (8 U.S.C.
1186a(e)) and section 216A(e) of such Act (8 U.S.C. 1186b(e)) are each
amended by inserting before the period at the end of each such section
`, if the alien has had the conditional basis removed under this section'.
(5) DISTRICT COURT JURISDICTION- Section 336(b) of such Act (8 U.S.C.
1447(b)) is amended to read as follows:
`(b) If there is a failure to render a final administrative decision under
section 335 before the end of the 180-day period after the date on which
the Secretary of Homeland Security completes all examinations and interviews
conducted under such section (as such terms are defined in regulations issued
by the Secretary), the applicant may apply to the district court for the
district in which the applicant resides for a hearing on the matter. Such
court shall only have jurisdiction to review the basis for delay and remand
the matter to the Secretary for the Secretary's determination on the application.'.
(6) CONFORMING AMENDMENTS- Section 310(c) of such Act (8 U.S.C. 1421(c))
is amended--
(A) by inserting `, not later than 120 days after the date of the Secretary's
final determination' before `seek'; and
(B) by striking the second sentence and inserting `The burden shall
be upon the petitioner to show that the Secretary's denial of the application
was not supported by facially legitimate and bona fide reasons. Except
in a proceeding under section 340, notwithstanding any other provision
of law, including section 2241 of title 28, United States Code, or any
other habeas corpus provision, and sections 1361 and 1651 of such title,
no court shall have jurisdiction to determine, or to review a determination
of the Secretary made at any time regarding, for purposes of an application
for naturalization, whether an alien is a person of good moral character,
whether an alien understands and is attached to the principles of the
Constitution of the United States, or whether an alien is well disposed
to the good order and happiness of the United States.'.
(7) EFFECTIVE DATE- The amendments made by this subsection shall take
effect on the date of the enactment of this Act, shall apply to any act
that occurred before, on, or after such date, and shall apply to any application
for naturalization or any other case or matter under the immigration laws
pending on, or filed on or after, such date.
(b) Bar to Good Moral Character-
(1) IN GENERAL- Section 101(f) of the Immigration and Nationality Act
(8 U.S.C. 1101(f)) is amended--
(A) by inserting after paragraph (1) the following new paragraph:
`(2) one who the Secretary of Homeland Security or the Attorney General
determines, in the unreviewable discretion of the Secretary or the Attorney
General, to have been at any time an alien described in section 212(a)(3)
or section 237(a)(4), which determination may be based upon any relevant
information or evidence, including classified, sensitive, or national
security information, and which shall be binding upon any court regardless
of the applicable standard of review;';
(B) in paragraph (8), by inserting `, regardless whether the crime was
classified as an aggravated felony at the time of conviction' after
`(as defined in subsection (a)(43))'; and
(C) by striking the first sentence in the undesignated paragraph following
paragraph (9) and inserting `The fact that any person is not within
any of the foregoing classes shall not preclude a discretionary finding
for other reasons that such a person is or was not of good moral character.
The Secretary and the Attorney General shall not be limited to the applicant's
conduct during the period for which good moral character is required,
but may take into consideration as a basis for determination the applicant's
conduct and acts at any time.'.
(2) AGGRAVATED FELONY EFFECTIVE DATE- Section 509(b) of the Immigration
Act of 1990 (Public Law 101-649), as amended by section 306(a)(7) of the
Miscellaneous and Technical Immigration and Naturalization Amendments
of 1991 (Public Law 102-232)), is amended to read as follows:
`(b) Effective Date- The amendment made by subsection (a) shall take effect
on November 29, 1990, and shall apply to convictions occurring before, on,
or after such date.'.
(3) TECHNICAL CORRECTION TO THE INTELLIGENCE REFORM ACT- Section 5504(2)
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 118 Stat. 3741) is amended by striking `adding at the end'
and inserting `inserting after paragraph (8) and before the undesignated
paragraph at the end'.
(A) IN GENERAL- The amendments made by paragraphs (1) and (2) shall
take effect on the date of the enactment of this Act, shall apply to
any act that occurred before, on, or after such date, and shall apply
to any application for naturalization or any other benefit or relief
or any other case or matter under the immigration laws pending on, or
filed on or after, such date; or
(B) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004- The amendments
made by paragraph (3) shall take effect as if included in the enactment
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 118 Stat. 3638).
SEC. 306. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.
(a) In General- Chapter 2 of title II of the Immigration and Nationality
Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following
new section:
`SEC. 219A. PROHIBITION ON PROVIDING IMMIGRATION BENEFITS TO CERTAIN ALIENS.
`Nothing in this Act or any other provision of law shall permit the Secretary
of Homeland Security, the Attorney General, the Secretary of State, the
Secretary of Labor, or any other authorized head of any agency to grant
any application, approve any petition, or grant or continue any status or
benefit under the immigration laws by, to, or on behalf of--
`(1) any alien described in subparagraphs (A)(i), (A)(iii), (B), or (F)
of sections 212(a)(3) or subparagraphs (A)(i), (A)(iii), or (B) of section
237(a)(4);
`(2) any alien with respect to whom a criminal or other investigation
or case is pending that is material to the alien's inadmissibility, deportability,
or eligibility for the status or benefit sought; or
`(3) any alien for whom all law enforcement checks, as deemed appropriate
by such authorized official, have not been conducted and resolved.'.
(b) Inadmissibility on Security and Related Grounds- Section 212(a)(3)(B)(ii)(I)
of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)(I)) is
amended by inserting `is able to demonstrate, by clear and convincing evidence,
that such spouse or child' after `who'.
SEC. 307. REPEAL OF ADJUSTMENT OF STATUS OF CERTAIN ALIENS PHYSICALLY
PRESENT IN UNITED STATES UNDER SECTION 245(i).
Section 245(i) of the Immigration and Nationality Act (8 U.S.C. 1255(i))
is repealed.
SEC. 308. GROUNDS OF INADMISSIBILITY AND REMOVABILITY FOR PERSECUTORS.
(a) General Classes of Aliens Ineligible to Receive Visas and Ineligible
for Admission-
(1) PERSECUTION- Section 212(a)(3)(E) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(3)(E)) is amended--
(A) in the header, by striking `NAZI'; and
(B) by inserting after clause (iii) the following new clause:
`(iv) PARTICIPATION IN OTHER PERSECUTION- Any alien who ordered, incited,
assisted, or otherwise participated in the persecution of any person
on account of race, religion, nationality, membership in a particular
social group, or political opinion is inadmissible.'.
(2) RECOMMENDATIONS BY CONSULAR OFFICERS- Section 212(d)(3)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(A)) by striking `and
clauses (i) and (ii) of paragraph (3)(E)' both places it appears and inserting
`or 3(E)'.
(b) General Classes of Deportable Aliens- Section 237(a)(4)(D) of the Immigration
and Nationality Act (8 U.S.C. 1227(a)(4)(D)) is amended--
(1) in the header, by striking `NAZI'; and
(2) by striking `or (iii)' and inserting `(iii), or (iv)'.
(c) Bar to Good Moral Character- Section 101(f) of the Immigration and Nationality
Act (8 U.S.C. 1101(f)) is amended--
(1) in paragraph (8), by striking `or';
(2) in paragraph (9), as added by section 5504(2) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat.
3741), as amended by section 305(b)(3) of this Act, by striking the period
at the end and inserting a semicolon and `or'; and
(3) inserting after paragraph (9), as added by section 5504(2) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458;
118 Stat. 3741), as amended by section 305(b)(3) of this Act, and before
the undesignated paragraph at the end the following new paragraph:
`(10) one who at any time has ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of race, religion,
nationality, membership in a particular social group, or political opinion.'.
(d) Voluntary Departure- Section 240B of the Immigration and Nationality
Act (8 U.S.C. 1229c) is amended--
(1) in subsection (a)(1), by striking `deportable under section 237(a)(2)(A)(iii)
or section 237(a)(4)(B)' and inserting `removable under section 237(a)(2)(A)(iii),
subparagraph (B) or (D) or section 237(a)(4), or section 212(a)(3)(E).';
and
(2) in subsection (b)(1)(C), by striking `deportable under section 237(a)(2)(A)(iii)
or section 237(a)(4)(B)' and inserting `removable under section 237(a)(2)(A)(iii),
subparagraph (B) or (D) of section 237(a)(4), or section 212(a)(3)(E).'.
(e) Aiding or Assisting Certain Aliens To Enter the United States- Section
277 of such Act (8 U.S.C. 1327) is amended by striking `or 212(a)(3) (other
than subparagraph (E) thereof)' and inserting `, section 212(a)(3)'.
SEC. 309. TECHNICAL CORRECTIONS TO SEVIS REPORTING REQUIREMENTS.
(a) Program To Collect Information Relating to Nonimmigrant Foreign Students-
(1) IN GENERAL- Section 641(a)(4) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)(4)) is amended--
(A) by striking `Not later than 30 days after the deadline for registering
for classes for an academic term' and inserting `Not later than the
program start date (for new students) or the next session start date
(for continuing students) of an academic term'; and
(B) by striking `shall report to the Immigration and Naturalization
Service any failure of the alien to enroll or to commence participation.'
and inserting `shall report to the Secretary of Homeland Security any
failure to enroll or to commence participation by the program start
date or next session start date, as applicable.'.
(2) TECHNICAL AND CONFORMING AMENDMENTS-
(A) AUTHORITY OF THE SECRETARY OF HOMELAND SECURITY- Except as provided
in subparagraph (B), section 641 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is amended by striking
`Attorney General' each place that term appears and inserting `Secretary
of Homeland Security'.
(B) EXCEPTIONS- Section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372) is amended--
(i) in subsections (b), (c)(4)(A), (c)(4)(B), (e)(1), (e)(6), and
(g) by inserting `Secretary of Homeland Security or the' before `Attorney
General' each place that term appears;
(ii) by striking the heading of section (c)(4)(B) and inserting `SECRETARY
OF HOMELAND SECURITY AND ATTORNEY GENERAL'; and
(iii) in subsection (f), by inserting `the Secretary of Homeland Security,'
before `the Attorney General'.
(b) Clarification of Release of Information- Section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372),
as amended by subsection (a), is further amended--
(1) in subsection (c)(1)--
(A) in subparagraph (G), by striking `and' at the end;
(B) in subparagraph (H), by striking the period and inserting a semicolon
and `and'; and
(C) by adding at the end the following new subparagraph:
`(I) any other information the Secretary of Homeland Security determines
is necessary.'; and
(2) in subsection (c)(2), by adding at the end `Approved institutions
of higher education or other approved educational institutions shall release
information regarding alien students referred to in this section to the
Secretary of Homeland Security as part of such information collection
program or upon request.'.
TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY
Subtitle A--In General
SEC. 401. SHORT TITLE.
This title may be cited as the `Employment Security Act of 2006'.
SEC. 402. FINDINGS.
Congress makes the following findings:
(1) The failure of Federal, State, and local governments to control and
sanction the unauthorized employment and unlawful exploitation of illegal
alien workers is a primary cause of illegal immigration.
(2) The use of modern technology not available in 1986, when the Immigration
Reform and Control Act of 1986 (Public Law 99-603; 100 Stat. 3359) created
the I-9 worker verification system, will enable employers to rapidly and
accurately verify the identity and work authorization of their employees
and independent contractors.
(3) The Government and people of the United States share a compelling
interest in protection of United States employment authorization, income
tax withholding, and social security accounting systems, against unauthorized
access by illegal aliens.
(4) Limited data sharing between the Department of Homeland Security,
the Internal Revenue Service, and the Social Security Administration is
essential to the integrity of these vital programs, which protect the
employment and retirement security of all working Americans.
(5) The Federal judiciary must be open to private United States citizens,
legal foreign workers, and law-abiding enterprises that seek judicial
protection against injury to their wages and working conditions due to
unlawful employment of illegal alien workers and the United States enterprises
that utilize the labor or services provided by illegal aliens, especially
where lack of resources constrains enforcement of Federal immigration
law by Federal immigration officials.
Subtitle B--Employment Eligibility Verification System
SEC. 411. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
(a) In General- Section 274A(b) of the Immigration and Nationality Act (8
U.S.C. 1324a(b)) is amended by adding at the end the following:
`(7) EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM-
`(A) IN GENERAL- The Secretary of Homeland Security shall establish
and administer a verification system, known as the Employment Eligibility
Verification System, through which the Secretary--
`(i) responds to inquiries made by persons at any time through a toll-free
telephone line and other toll-free electronic media concerning an
individual's identity and whether the individual is authorized to
be employed; and
`(ii) maintains records of the inquiries that were made, of verifications
provided (or not provided), and of the codes provided to inquirers
as evidence of their compliance with their obligations under this
section.
`(B) INITIAL RESPONSE- The verification system shall provide verification
or a tentative nonverification of an individual's identity and employment
eligibility within 3 working days of the initial inquiry. If providing
verification or tentative nonverification, the verification system shall
provide an appropriate code indicating such verification or such nonverification.
`(C) SECONDARY VERIFICATION PROCESS IN CASE OF TENTATIVE NONVERIFICATION-
In cases of tentative nonverification, the Secretary shall specify,
in consultation with the Commissioner of Social Security, an available
secondary verification process to confirm the validity of information
provided and to provide a final verification or nonverification within
10 working days after the date of the tentative nonverification. When
final verification or nonverification is provided, the verification
system shall provide an appropriate code indicating such verification
or nonverification.
`(D) DESIGN AND OPERATION OF SYSTEM- The verification system shall be
designed and operated--
`(i) to maximize its reliability and ease of use by persons and other
entities consistent with insulating and protecting the privacy and
security of the underlying information;
`(ii) to respond to all inquiries made by such persons and entities
on whether individuals are authorized to be employed and to register
all times when such inquiries are not received;
`(iii) with appropriate administrative, technical, and physical safeguards
to prevent unauthorized disclosure of personal information; and
`(iv) to have reasonable safeguards against the system's resulting
in unlawful discriminatory practices based on national origin or citizenship
status, including--
`(I) the selective or unauthorized use of the system to verify eligibility;
`(II) the use of the system prior to an offer of employment; or
`(III) the exclusion of certain individuals from consideration for
employment as a result of a perceived likelihood that additional
verification will be required, beyond what is required for most
job applicants.
`(E) RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL SECURITY- As part
of the verification system, the Commissioner of Social Security, in
consultation with the Secretary of Homeland Security (and any designee
of the Secretary selected to establish and administer the verification
system), shall establish a reliable, secure method, which, within the
time periods specified under subparagraphs (B) and (C), compares the
name and social security account number provided in an inquiry against
such information maintained by the Commissioner in order to validate
(or not validate) the information provided regarding an individual whose
identity and employment eligibility must be confirmed, the correspondence
of the name and number, and whether the individual has presented a social
security account number that is not valid for employment. The Commissioner
shall not disclose or release social security information (other than
such verification or nonverification) except as provided for in this
section or section 205(c)(2)(I) of the Social Security Act.
`(F) RESPONSIBILITIES OF THE SECRETARY OF HOMELAND SECURITY- (i) As
part of the verification system, the Secretary of Homeland Security
(in consultation with any designee of the Secretary selected to establish
and administer the verification system), shall establish a reliable,
secure method, which, within the time periods specified under subparagraphs
(B) and (C), compares the name and alien identification or authorization
number which are provided in an inquiry against such information maintained
by the Secretary in order to validate (or not validate) the information
provided, the correspondence of the name and number, and whether the
alien is authorized to be employed in the United States.
`(ii) When a single employer has submitted to the verification system
pursuant to paragraph (3)(A) the identical social security account number
in more than one instance, or when multiple employers have submitted
to the verification system pursuant to such paragraph the identical
social security account number, in a manner which indicates the possible
fraudulent use of that number, the Secretary of Homeland Security shall
conduct an investigation, within the time periods specified in subparagraphs
(B) and (C), in order to ensure that no fraudulent use of a social security
account number has taken place. If the Secretary has selected a designee
to establish and administer the verification system, the designee shall
notify the Secretary when a single employer has submitted to the verification
system pursuant to paragraph (3)(A) the identical social security account
number in more than one instance, or when multiple employers have submitted
to the verification system pursuant to such paragraph the identical
social security account number, in a manner which indicates the possible
fraudulent use of that number. The designee shall also provide the Secretary
with all pertinent information, including the name and address of the
employer or employers who submitted the relevant social security account
number, the relevant social security account number submitted by the
employer or employers, and the relevant name and date of birth of the
employee submitted by the employer or employers.
`(G) UPDATING INFORMATION- The Commissioner of Social Security and the
Secretary of Homeland Security shall update their information in a manner
that promotes maximum accuracy and shall provide a process for the prompt
correction of erroneous information, including instances in which it
is brought to their attention in the secondary verification process
described in subparagraph (C).
`(H) LIMITATION ON USE OF THE VERIFICATION SYSTEM AND ANY RELATED SYSTEMS-
Notwithstanding any other provision of law, nothing in this subsection
shall be construed to permit or allow any department, bureau, or other
agency of the United States Government to utilize any information, database,
or other records assembled under this subsection for any purpose other
than the enforcement and administration of the immigration laws, the
Social Security Act, or any provision of Federal criminal law.
`(I) FEDERAL TORT CLAIMS ACT- If an individual alleges that the individual
would not have been dismissed from a job but for an error of the verification
mechanism, the individual may seek compensation only through the mechanism
of the Federal Tort Claims Act, and injunctive relief to correct such
error. No class action may be brought under this subparagraph.
`(J) PROTECTION FROM LIABILITY FOR ACTIONS TAKEN ON THE BASIS OF INFORMATION-
No person or entity shall be civilly or criminally liable for any action
taken in good faith reliance on information provided through the employment
eligibility verification mechanism established under this paragraph.'.
(b) Repeal of Provision Relating to Evaluations and Changes in Employment
Verification- Section 274A(d) (8 U.S.C. 1324a(d)) is repealed.
(c) Effective Date- The amendments made by this section shall take effect
2 years after the date of the
