109th CONGRESS
2d Session

S. 2612

To provide for comprehensive immigration reform and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 7, 2006

Mr. HAGEL (for himself, Mr. MARTINEZ, Mr. SPECTER, Mr. MCCAIN, Mr. KENNEDY, Mr. GRAHAM, and Mr. BROWNBACK) introduced the following bill; which was read the first time

April 24, 2006

Read the second time and ordered referred to the Committee on the Judiciary

A BILL

To provide for comprehensive immigration reform 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 `Comprehensive Immigration Reform Act of 2006'.

    (b) Table of Contents- The table of contents for this Act is as follows:

      Sec. 1. Short title; table of contents.

      Sec. 2. Reference to the Immigration and Nationality Act.

      Sec. 3. Definitions.

      Sec. 4. Severability.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

      Sec. 101. Enforcement personnel.

      Sec. 102. Technological assets.

      Sec. 103. Infrastructure.

      Sec. 104. Border patrol checkpoints.

      Sec. 105. Ports of entry.

      Sec. 106. Construction of strategic border fencing and vehicle barriers.

Subtitle B--Border Security Plans, Strategies, and Reports

      Sec. 111. Surveillance plan.

      Sec. 112. National Strategy for Border Security.

      Sec. 113. Reports on improving the exchange of information on North American security.

      Sec. 114. Improving the security of Mexico's southern border.

      Sec. 115. Combating human smuggling.

      Sec. 116. Deaths at United States-Mexico border.

Subtitle C--Other Border Security Initiatives

      Sec. 121. Biometric data enhancements.

      Sec. 122. Secure communication.

      Sec. 123. Border patrol training capacity review.

      Sec. 124. US-VISIT System.

      Sec. 125. Document fraud detection.

      Sec. 126. Improved document integrity.

      Sec. 127. Cancellation of visas.

      Sec. 128. Biometric entry-exit system.

      Sec. 129. Border study.

      Sec. 130. Secure border initiative financial accountability.

      Sec. 131. Mandatory detention for aliens apprehended at or between ports of entry.

      Sec. 132. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements.

Subtitle D--Border Tunnel Prevention Act

      Sec. 141. Short title.

      Sec. 142. Construction of border tunnel or passage.

      Sec. 143. Directive to the United States Sentencing Commission.

Subtitle E--Border Law Enforcement Relief Act

      Sec. 151. Short title.

      Sec. 152. Findings.

      Sec. 153. Border relief grant program.

      Sec. 154. Enforcement of Federal immigration law.

TITLE II--INTERIOR ENFORCEMENT

      Sec. 201. Removal and denial of benefits to terrorist aliens.

      Sec. 202. Detention and removal of aliens ordered removed.

      Sec. 203. Aggravated felony.

      Sec. 204. Terrorist bars.

      Sec. 205. Increased criminal penalties related to gang violence, removal, and alien smuggling.

      Sec. 206. Illegal entry.

      Sec. 207. Illegal reentry.

      Sec. 208. Reform of passport, visa, and immigration fraud offenses.

      Sec. 209. Inadmissibility and removal for passport and immigration fraud offenses.

      Sec. 210. Incarceration of criminal aliens.

      Sec. 211. Encouraging aliens to depart voluntarily.

      Sec. 212. Deterring aliens ordered removed from remaining in the United States unlawfully.

      Sec. 213. Prohibition of the sale of firearms to, or the possession of firearms by certain aliens.

      Sec. 214. Uniform statute of limitations for certain immigration, naturalization, and peonage offenses.

      Sec. 215. Diplomatic security service.

      Sec. 216. Field agent allocation and background checks.

      Sec. 217. Construction.

      Sec. 218. State criminal alien assistance program.

      Sec. 219. Transportation and processing of illegal aliens apprehended by State and local law enforcement officers.

      Sec. 220. Reducing illegal immigration and alien smuggling on tribal lands.

      Sec. 221. Alternatives to detention.

      Sec. 222. Conforming amendment.

      Sec. 223. Reporting requirements.

      Sec. 224. State and local enforcement of Federal immigration laws.

      Sec. 225. Removal of drunk drivers.

      Sec. 226. Medical services in underserved areas.

      Sec. 227. Expedited removal.

      Sec. 228. Protecting immigrants from convicted sex offenders.

      Sec. 229. Law enforcement authority of States and political subdivisions and transfer to Federal custody.

      Sec. 230. Laundering of monetary instruments.

      Sec. 231. Listing of immigration violators in the National Crime Information Center database.

      Sec. 232. Cooperative enforcement programs.

      Sec. 233. 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. 234. Determination of immigration status of individuals charged with Federal offenses.

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

      Sec. 301. Unlawful employment of aliens.

      Sec. 302. Employer Compliance Fund.

      Sec. 303. Additional worksite enforcement and fraud detection agents.

      Sec. 304. Clarification of ineligibility for misrepresentation.

TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM

Subtitle A--Temporary Guest Workers

      Sec. 401. Immigration impact study.

      Sec. 402. Nonimmigrant temporary worker.

      Sec. 403. Admission of nonimmigrant temporary guest workers.

      Sec. 404. Employer obligations.

      Sec. 405. Alien employment management system.

      Sec. 406. Rulemaking; effective date.

      Sec. 407. Recruitment of United States workers.

      Sec. 408. Temporary guest worker visa program task force.

      Sec. 409. Requirements for participating countries.

      Sec. 410. S visas.

      Sec. 411. L visa limitations.

      Sec. 412. Compliance investigators.

      Sec. 413. Authorization of appropriations.

Subtitle B--Immigration Injunction Reform

      Sec. 421. Short title.

      Sec. 422. Appropriate remedies for immigration legislation.

      Sec. 423. Effective date.

TITLE V--BACKLOG REDUCTION

      Sec. 501. Elimination of existing backlogs.

      Sec. 502. Country limits.

      Sec. 503. Allocation of immigrant visas.

      Sec. 504. Relief for minor children.

      Sec. 505. Shortage occupations.

      Sec. 506. Relief for widows and orphans.

      Sec. 507. Student visas.

      Sec. 508. Visas for individuals with advanced degrees.

TITLE VI--WORK AUTHORIZATION AND LEGALIZATION OF UNDOCUMENTED INDIVIDUALS

Subtitle A--Access to Earned Adjustment and Mandatory Departure and Reentry

      Sec. 601. Access to earned adjustment and mandatory departure and reentry.

Subtitle B--Agricultural Job Opportunities, Benefits, and Security

      Sec. 611. Short title.

      Sec. 612. Definitions.

Chapter 1--Pilot Program for Earned Status Adjustment of Agricultural Workers

      Sec. 613. Agricultural workers.

      Sec. 614. Correction of Social Security records.

Chapter 2--Reform of H-2A Worker Program

      Sec. 615. Amendment to the Immigration and Nationality Act.

Chapter 3--Miscellaneous Provisions

      Sec. 616. Determination and use of user fees.

      Sec. 617. Regulations.

      Sec. 618. Report to Congress.

      Sec. 619. Effective date.

Subtitle C--DREAM Act

      Sec. 621. Short title.

      Sec. 622. Definitions.

      Sec. 623. Restoration of State option to determine residency for purposes of higher education benefits.

      Sec. 624. Cancellation of removal and adjustment of status of certain long-term residents who entered the United States as children.

      Sec. 625. Conditional permanent resident status.

      Sec. 626. Retroactive benefits.

      Sec. 627. Exclusive jurisdiction.

      Sec. 628. Penalties for false statements in application.

      Sec. 629. Confidentiality of information.

      Sec. 630. Expedited processing of applications; prohibition on fees.

      Sec. 631. Higher Education assistance.

      Sec. 632. GAO report.

Subtitle D--Grant Programs to Assist Nonimmigrant Workers

      Sec. 641. Grants to support public education and community training.

      Sec. 642. Funding for the Office of Citizenship.

      Sec. 643. Civics integration grant program.

      Sec. 644. Strengthening American citizenship.

TITLE VII--MISCELLANEOUS

Subtitle A--Immigration Litigation Reduction

Chapter 1--Appeals and Review

      Sec. 701. Additional immigration personnel.

Chapter 2--Immigration Review Reform

      Sec. 702. Board of immigration appeals.

      Sec. 703. Immigration judges.

      Sec. 704. Removal and review of judges.

      Sec. 705. Legal orientation program.

      Sec. 706. Regulations.

      Sec. 707. GAO study on the appellate process for immigration appeals.

Subtitle B--Citizenship Assistance for Members of the Armed Services

      Sec. 711. Short title.

      Sec. 712. Waiver of requirement for fingerprints for members of the Armed Forces.

      Sec. 713. Provision of information on naturalization to members of the Armed Forces.

      Sec. 714. Provision of information on naturalization to the public.

      Sec. 715. Reports.

Subtitle C--State Court Interpreter Grant Program

      Sec. 721. Short title.

      Sec. 722. Findings.

      Sec. 723. State court interpreter program.

      Sec. 724. Authorization of appropriations.

Subtitle D--Border Infrastructure and Technology Modernization

      Sec. 731. Short title.

      Sec. 732. Definitions.

      Sec. 733. Port of Entry Infrastructure Assessment Study.

      Sec. 734. National Land Border Security Plan.

      Sec. 735. Expansion of commerce security programs.

      Sec. 736. Port of entry technology demonstration program.

      Sec. 737. Authorization of appropriations.

Subtitle E--Family Humanitarian Relief

      Sec. 741. Short title.

      Sec. 742. Adjustment of status for certain nonimmigrant victims of terrorism.

      Sec. 743. Cancellation of removal for certain immigrant victims of terrorism.

      Sec. 744. Exceptions.

      Sec. 745. Evidence of death.

      Sec. 746. Definitions.

Subtitle F--Other Matters

      Sec. 751. Noncitizen membership in the Armed Forces.

      Sec. 752. Nonimmigrant alien status for certain athletes.

      Sec. 753. Extension of returning worker exemption.

      Sec. 754. Surveillance technologies programs.

      Sec. 755. Comprehensive immigration efficiency review.

      Sec. 756. Northern Border Prosecution Initiative.

      Sec. 757. Southwest border prosecution initiative.

      Sec. 758. Grant program to assist eligible applicants.

      Sec. 759. Screening of municipal solid waste.

      Sec. 760. Access to immigration services in areas that are not accessible by road.

      Sec. 761. Border security on certain Federal land.

      Sec. 762. Unmanned aerial vehicles.

      Sec. 763. Relief for widows and orphans.

      Sec. 764. Terrorist activities.

      Sec. 765. Family unity.

SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

    Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 3. DEFINITIONS.

    In this Act:

      (1) DEPARTMENT- Except as otherwise provided, the term `Department' means the Department of Homeland Security.

      (2) SECRETARY- Except as otherwise provided, the term `Secretary' means the Secretary of Homeland Security.

SEC. 4. 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 invalid for any reason, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any other person or circumstance shall not be affected by such holding.

TITLE I--BORDER ENFORCEMENT

Subtitle A--Assets for Controlling United States Borders

SEC. 101. ENFORCEMENT PERSONNEL.

    (a) Additional Personnel-

      (1) PORT OF ENTRY INSPECTORS- In each of the fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations, increase by not less than 500 the number of positions for full-time active duty port of entry inspectors and provide appropriate training, equipment, and support to such additional inspectors.

      (2) INVESTIGATIVE PERSONNEL-

        (A) IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS- Section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended by striking `800' and inserting `1000'.

        (B) ADDITIONAL PERSONNEL- In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by subparagraph (A), during each of the fiscal years 2007 through 2011, the Secretary shall, subject to the availability of appropriations, increase by not less than 200 the number of positions for personnel within the Department assigned to investigate alien smuggling.

    (b) Authorization of Appropriations-

      (1) PORT OF ENTRY INSPECTORS- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2007 through 2011 to carry out paragraph (1) of subsection (a).

      (2) BORDER PATROL AGENTS- Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as follows:

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

    `(a) Annual Increases- The Secretary of Homeland Security shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty border patrol agents within the Department of Homeland Security (above the number of such positions for which funds were appropriated for the preceding fiscal year), by--

      `(1) 2,000 in fiscal year 2006;

      `(2) 2,400 in fiscal year 2007;

      `(3) 2,400 in fiscal year 2008;

      `(4) 2,400 in fiscal year 2009;

      `(5) 2,400 in fiscal year 2010; and

      `(6) 2,400 in fiscal year 2011;

    `(b) Northern Border- In each of the fiscal years 2006 through 2011, in addition to the border patrol agents assigned along the northern border of the United States during the previous fiscal year, the Secretary shall assign a number of border patrol agents equal to not less than 20 percent of the net increase in border patrol agents during each such fiscal year.

    `(c) 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 this section.'.

SEC. 102. TECHNOLOGICAL ASSETS.

    (a) Acquisition- Subject to the availability of appropriations, the Secretary shall procure additional unmanned aerial vehicles, cameras, poles, sensors, and other technologies necessary to achieve operational control of the international borders of the United States and to establish a security perimeter known as a `virtual fence' along such international borders to provide a barrier to illegal immigration.

    (b) Increased Availability of Equipment- The Secretary and the Secretary of Defense shall develop and implement a plan to use 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 the Secretary in carrying out surveillance activities conducted at or near the international land borders of the United States to prevent illegal immigration.

    (c) Report- Not later than 6 months after the date of enactment of this Act, the Secretary and the Secretary of Defense shall submit to Congress a report that contains--

      (1) a description of the current use of Department of Defense equipment to assist the Secretary in carrying out surveillance of the international land borders of the United States and assessment of the risks to citizens of the United States and foreign policy interests associated with the use of such equipment;

      (2) the plan developed under subsection (b) to increase the use of Department of Defense equipment to assist such surveillance activities; and

      (3) a description of the types of equipment and other support to be provided by the Secretary of Defense under such plan during the 1-year period beginning on the date of the submission of the report.

    (d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2007 through 2011 to carry out subsection (a).

    (e) Construction- Nothing in this section may be construed as altering or amending the prohibition on the use of any part of the Army or the Air Force as a posse comitatus under section 1385 of title 18, United States Code.

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