HR 4065
110th CONGRESS
1st Session
H. R. 4065
To amend the Immigration and Nationality Act to
strengthen enforcement of the immigration laws, to enhance border
security, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
November 1, 2007
Mr. SENSENBRENNER (for himself, Mr. BILBRAY, Mr. DREIER, Mr. FEENEY,
Mr. GALLEGLY, Mr. GOODLATTE, Mr. DANIEL E. LUNGREN of California, Mrs.
MYRICK, Mr. PORTER, and Mr. COBLE) introduced the following bill; which
was referred to the Committee on the Judiciary, and in addition to the
Committee on Homeland Security, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend the Immigration and Nationality Act to
strengthen enforcement of the immigration laws, to enhance border
security, 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
Enforcement, Employment Verification, and Illegal Immigration Control
Act'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 3. Sense of Congress on setting a manageable level of immigration.
TITLE I--SECURING UNITED STATES BORDERS
Sec. 101. Achieving operational control on the border.
Sec. 102. National Strategy for Border Security.
Sec. 103. Implementation of cross-border security agreements.
Sec. 104. Biometric data enhancements.
Sec. 105. One Face at the Border Initiative.
Sec. 106. Secure communication.
Sec. 107. Port of entry inspection personnel.
Sec. 108. Canine detection teams.
Sec. 109. Secure Border Initiative financial accountability.
Sec. 110. Border Patrol training capacity review.
Sec. 111. Airspace security mission impact review.
Sec. 112. Repair of private infrastructure on border.
Sec. 113. Border Patrol unit for Virgin Islands.
Sec. 114. Report on progress in tracking travel of Central American gangs along international border.
Sec. 115. Collection of data.
Sec. 116. Deployment of radiation detection portal equipment at United States ports of entry.
Sec. 117. Consultation with businesses and firms.
Sec. 118. Sense of Congress regarding enforcement of immigration laws.
Sec. 119. Securing access to Border Patrol uniforms.
Sec. 121. Voluntary relocation program extension.
Sec. 122. Completion of background and security checks.
TITLE II--COMBATTING ALIEN SMUGGLING AND ILLEGAL ENTRY AND PRESENCE
Sec. 201. Definition of aggravated felony.
Sec. 202. Alien smuggling and related offenses.
Sec. 203. Improper entry by, or presence of, aliens.
Sec. 204. Reentry of removed aliens.
Sec. 205. Prohibiting carrying or using a firearm during and in relation to an alien smuggling crime.
Sec. 206. Clarifying changes.
Sec. 207. Voluntary departure reform.
Sec. 208. Deterring aliens ordered removed from
remaining in the United States unlawfully and from unlawfully returning
to the United States after departing voluntarily.
Sec. 209. Establishment of the Forensic Documents Laboratory.
Sec. 210. Section 1546 amendments.
Sec. 211. Motions to reopen or reconsider.
Sec. 212. Reform of passport, visa, and immigration fraud offenses.
Sec. 213. Criminal detention of aliens.
Sec. 214. Uniform statute of limitations for certain immigration, naturalization, and peonage offenses.
Sec. 215. Conforming amendment.
Sec. 216. Inadmissibility for passport and immigration fraud.
Sec. 217. Removal for passport and immigration fraud.
Sec. 218. Reduction in immigration backlog.
Sec. 219. Federal affirmation of assistance in the immigration law enforcement by States and political subdivisions of States.
Sec. 220. Training of State and local law enforcement personnel relating to the enforcement of immigration laws.
Sec. 221. Financial assistance to State and local police agencies that assist in the enforcement of immigration laws.
Sec. 222. Institutional Removal Program (IRP).
Sec. 223. State Criminal Alien Assistance Program (SCAAP).
Sec. 224. State authorization for assistance in the enforcement of immigration laws encouraged.
TITLE III--BORDER SECURITY COOPERATION AND ENFORCEMENT
Sec. 301. Joint strategic plan for United States border surveillance and support.
Sec. 302. Border Security on protected land.
Sec. 303. Border Security threat assessment and information sharing test and evaluation exercise.
Sec. 304. Border Security Advisory Committee.
Sec. 305. Permitted use of Homeland Security grant funds for Border Security activities.
Sec. 306. Center of Excellence for Border Security.
Sec. 307. Sense of Congress regarding cooperation with Indian Nations.
Sec. 308. Communication between Government agencies and the Department of Homeland Security.
Sec. 309. Red Zone Defense Border Intelligence Pilot program.
TITLE IV--DETENTION AND REMOVAL
Sec. 401. Mandatory detention for aliens apprehended at or between ports of entry.
Sec. 402. Expansion and effective management of detention facilities.
Sec. 403. Enhancing transportation capacity for unlawful aliens.
Sec. 404. Denial of admission to nationals of country denying or delaying accepting alien.
Sec. 405. Report on financial burden of repatriation.
Sec. 406. Training program.
Sec. 407. Expedited removal.
Sec. 408. Report on apprehension and detention of certain aliens.
Sec. 409. Listing of immigration violators in the National Crime Information Center database.
TITLE V--EFFECTIVE ORGANIZATION OF BORDER SECURITY AGENCIES
Sec. 501. Enhanced Border Security coordination and management.
Sec. 502. Office of Air and Marine Operations.
Sec. 503. Shadow Wolves transfer.
TITLE VI--TERRORIST AND CRIMINAL ALIENS
Sec. 601. Removal of terrorist aliens.
Sec. 602. Detention of dangerous aliens.
Sec. 603. Increase in criminal penalties.
Sec. 604. Precluding admissibility of aggravated felons and other criminals.
Sec. 605. Precluding refugee or asylee adjustment of status for aggravated felonies.
Sec. 606. Removing drunk drivers.
Sec. 607. Designated county law enforcement assistance program.
Sec. 608. Rendering inadmissible and deportable aliens
participating in criminal street gangs; detention; ineligibility from
protection from removal and asylum.
Sec. 609. Naturalization reform.
Sec. 610. Expedited removal for aliens inadmissible on criminal or security grounds.
Sec. 611. Technical correction for effective date in change in inadmissibility for terrorists under REAL ID Act.
Sec. 612. Bar to good moral character.
Sec. 613. Strengthening definitions of `aggravated felony' and `conviction'.
Sec. 614. Deportability for criminal offenses.
Sec. 615. Declaration of Congress.
Sec. 616. Report on criminal alien prosecution.
Sec. 617. Determination of immigration status of individuals charged with Federal offenses.
Sec. 618. Increased criminal penalties for document fraud and crimes of violence.
Sec. 619. Laundering of monetary instruments.
TITLE VII--EMPLOYMENT ELIGIBILITY VERIFICATION
Subtitle A--Employment Eligibility Verification System
Sec. 701. Employment eligibility verification system.
Sec. 702. Employment eligibility verification process.
Sec. 703. Expansion of employment eligibility verification system to previously hired individuals and recruiting and referring.
Sec. 704. Basic pilot program.
Sec. 707. Report on Social Security card-based employment eligibility verification.
Sec. 708. Extension of preemption to required construction of day laborer shelters.
Sec. 709. Effective date.
Sec. 710. Limitation on verification responsibilities of Commissioner of Social Security.
Sec. 711. Report on employment eligibility verification system.
Subtitle B--Employment Eligibility Verification and Anti-Identity Theft Act
Sec. 722. Requiring agencies to send `no-match' letters.
Sec. 723. Requiring employers to take action upon receipt of a `no-match' letter.
Sec. 724. Verification system.
Sec. 725. Design and operation of system.
Sec. 726. Extension of time.
Sec. 727. Retention of proof of verification completion.
Sec. 728. Termination of employment.
Sec. 729. Final verification.
Sec. 730. Employer violations.
Sec. 731. Limitation on use.
Sec. 732. Federal Tort Claims Act remedy.
Sec. 733. Protection from liability for actions taken on the basis of information.
Subtitle C--Improved Security for Birth Certificates
Sec. 742. Applicability of minimum standards to local governments.
Sec. 743. Minimum standards for Federal recognition.
Sec. 744. Establishment of electronic birth and death registration systems.
Sec. 745. Electronic verification of vital events.
Sec. 746. Grants to States.
Subtitle D--Stop the Misuse of ITINs Act of 2007
Sec. 752. Notification of employment status of individuals not authorized to work in the United States.
Subtitle E--Miscellaneous
Sec. 761. Sharing of social security data for immigration enforcement purposes.
Sec. 762. Additional worksite enforcement and fraud detection agents.
TITLE VIII--IMMIGRATION LITIGATION ABUSE REDUCTION
Sec. 801. Board of Immigration Appeals removal order authority.
Sec. 802. Judicial review of visa revocation.
Sec. 804. Withholding of removal.
Sec. 805. Certificate of reviewability.
Sec. 806. Waiver of rights in nonimmigrant visa issuance.
Sec. 807. Clarification of jurisdiction on review.
Sec. 808. Fees and expenses in judicial proceedings.
TITLE IX--PRESCREENING OF AIR PASSENGERS
Sec. 901. Immediate International Passenger Prescreening Pilot program.
TITLE X--SECURITY AND FAIRNESS ENHANCEMENT
Sec. 1002. Elimination of diversity immigrant program.
TITLE XI--OATH OF RENUNCIATION AND ALLEGIANCE
Sec. 1101. Oath of renunciation and allegiance.
TITLE XII--ELIMINATION OF CORRUPTION AND PREVENTION OF ACQUISITION OF IMMIGRATION BENEFITS THROUGH FRAUD
Sec. 1203. Structure of the Office of Security and Investigations.
Sec. 1204. Authority of the Office of Security and Investigations to investigate internal corruption.
Sec. 1205. Authority of the Office of Security and Investigations to detect and investigate immigration benefits fraud.
Sec. 1206. Increase in full-time Office of Security and Investigations personnel.
Sec. 1207. Annual report.
Sec. 1208. Investigations of fraud to precede immigration benefits grant.
Sec. 1209. Elimination of the Fraud Detection and National Security Office.
TITLE XIII--TEMPORARY AGRICULTURAL WORKER PROGRAM
Sec. 1301. Admission of temporary H-2A workers.
Sec. 1302. Legal assistance provided by the legal services corporation.
Sec. 1303. Effective date.
TITLE XIV--MISCELLANEOUS
Sec. 1401. Prevention of congressional reapportionment distortions.
Sec. 1402. Increase in H-1B visa numbers.
SEC. 2. STATE DEFINED.
In titles I, III, IV, and V of this Act, the term `State'
has the meaning given it in section 2(14) of the Homeland Security Act
of 2002 (6 U.S.C. 101(14)).
SEC. 3. SENSE OF CONGRESS ON SETTING A MANAGEABLE LEVEL OF IMMIGRATION.
It is the sense of Congress that the immigration and
naturalization policy shall be designed to enhance the economic, social
and cultural well-being of the United States of America.
TITLE I--SECURING UNITED STATES BORDERS
SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BORDER.
(a) In General- Not later than 18 months after the date of
the enactment of this Act, the Secretary of Homeland Security shall
take all actions the Secretary determines necessary and appropriate to
achieve and maintain operational control over the entire international
land and maritime borders of the United States, to include the
following--
(1) systematic surveillance of the international land
and maritime borders of the United States through more effective use of
personnel and technology, such as unmanned aerial vehicles,
ground-based sensors, satellites, radar coverage, and cameras;
(2) physical infrastructure enhancements to prevent
unlawful entry by aliens into the United States and facilitate access
to the international land and maritime borders by United States Customs
and Border Protection, such as additional checkpoints, all weather
access roads, and vehicle barriers;
(3) hiring and training as expeditiously as possible
additional Border Patrol agents authorized under section 5202 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458); and
(4) increasing deployment of United States Customs and
Border Protection personnel to areas along the international land and
maritime borders of the United States where there are high levels of
unlawful entry by aliens and other areas likely to be impacted by such
increased deployment.
(b) Operational Control Defined- In this section, the term
`operational control' means the prevention of all unlawful entries into
the United States, including entries by terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other contraband.
(c) Report- Not later than one year after the date of the
enactment of this Act and annually thereafter, the Secretary shall
submit to Congress a report on the progress made toward achieving and
maintaining operational control over the entire international land and
maritime borders of the United States in accordance with this section.
SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Surveillance Plan- Not later than six months after the
date of the enactment of this Act, the Secretary of Homeland Security
shall submit to the appropriate congressional committees a
comprehensive plan for the systematic surveillance of the international
land and maritime borders of the United States. The plan shall include
the following:
(1) An assessment of existing technologies employed on such borders.
(2) A description of whether and how new surveillance technologies will be compatible with existing surveillance technologies.
(3) A description of how the United States Customs and
Border Protection is working, or is expected to work, with the
Directorate of Science and Technology of the Department of Homeland
Security to identify and test surveillance technology.
(4) A description of the specific surveillance technology to be deployed.
(5) The identification of any obstacles that may impede full implementation of such deployment.
(6) A detailed estimate of all costs associated with
the implementation of such deployment and continued maintenance of such
technologies.
(7) A description of how the Department of Homeland
Security is working with the Federal Aviation Administration on safety
and airspace control issues associated with the use of unmanned aerial
vehicles in the National Airspace System.
(b) National Strategy for Border Security- Not later than
one year after the date of the enactment of this Act, the Secretary of
Homeland Security, in consultation with the heads of other appropriate
Federal agencies, shall submit to the appropriate congressional
committees a National Strategy for Border Security to achieve
operational control over all ports of entry into the United States and
the international land and maritime borders of the United States. The
Secretary shall update the Strategy as needed and shall submit to the
appropriate congressional committees, not later than 30 days after each
such update, the updated Strategy. The National Strategy for Border
Security shall include the following:
(1) The implementation timeline for the surveillance plan described in subsection (a).
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States at points
along the international land and maritime borders of the United States.
(3) A risk assessment of all ports of entry to the
United States and all portions of the international land and maritime
borders of the United States, except for ports of entry and facilities
subject to vulnerability assessments under section 70102 or 70103 of
title 46, United States Code, with respect to--
(A) preventing the entry of terrorists, other
unlawful aliens, instruments of terrorism, narcotics, and other
contraband into the United States; and
(B) protecting critical infrastructure at or near such ports of entry or borders.
(4) An assessment of all legal requirements that
prevent achieving and maintaining operational control over the entire
international land and maritime borders of the United States.
(5) An assessment of the most appropriate, practical,
and cost-effective means of defending the international land and
maritime borders of the United States against threats to security and
illegal transit, including intelligence capacities, technology,
equipment, personnel, and training needed to address security
vulnerabilities.
(6) An assessment of staffing needs for all border
security functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new security
programs, policies, and technologies.
(7) A description of the border security roles and
missions of Federal, State, regional, local, and tribal authorities,
and recommendations with respect to how the Department of Homeland
Security can improve coordination with such authorities, to enable
border security enforcement to be carried out in an efficient and
effective manner.
(8) A prioritization of research and development
objectives to enhance the security of the international land and
maritime borders of the United States.
(9) A description of ways to ensure that the free flow
of legitimate travel and commerce of the United States is not
diminished by efforts, activities, and programs aimed at securing the
international land and maritime borders of the United States.
(10) An assessment of additional detention facilities
and bed space needed to detain unlawful aliens apprehended at United
States ports of entry or along the international land borders of the
United States in accordance with the National Strategy for Border
Security required under this subsection and the mandatory detention
requirement described in section 401 of this Act.
(11) A description of how the Secretary shall ensure
accountability and performance metrics within the appropriate agencies
of the Department of Homeland Security responsible for implementing the
border security measures determined necessary upon completion of the
National Strategy for Border Security.
(12) A timeline for the implementation of the
additional security measures determined necessary as part of the
National Strategy for Border Security, including a prioritization of
security measures, realistic deadlines for addressing the security and
enforcement needs, and resource estimates and allocations.
(c) Consultation- In creating the National Strategy for
Border Security described in subsection (b), the Secretary shall
consult with--
(1) State, local, and tribal authorities along the international land and maritime borders of the United States; and
(2) an appropriate cross-section of private sector and nongovernmental organizations with relevant expertise.
(d) Coordination- The National Strategy for Border Security
described in subsection (b) shall be consistent with the National
Strategy for Maritime Security developed pursuant to Homeland Security
Presidential Directive 13.
(e) Immediate Action- Nothing in this section shall be
construed to relieve the Secretary of the responsibility to take all
actions necessary and appropriate to achieve and maintain operational
control over the entire international land and maritime borders of the
United States pursuant to section 101 of this Act or any other
provision of law.
(f) Reporting of Implementing Legislation- After submittal
of the National Strategy for Border Security described in subsection
(b) to the appropriate congressional committees, such committees shall
promptly report to their respective House legislation authorizing
necessary security measures based on its evaluation of the National
Strategy for Border Security.
(g) Appropriate Congressional Committee- For purposes of
this title and section 301(b), the term `appropriate congressional
committee' has the meaning given it in section 2(2) of the Homeland
Security Act of 2002 (6 U.S.C. 101(2)).
(h) Rule of Construction- Nothing in this section shall be
construed to alter, impact, diminish, or in any way undermine the
authority of the Administrator of the Federal Aviation Administration
to oversee, regulate, and control the safe and efficient use of the
airspace of the United States.
SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY AGREEMENTS.
(a) In General- Not later than six months after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate congressional committees (as defined in
section 102(g)) a report on the implementation of the cross-border
security agreements signed by the United States with Mexico and Canada,
including recommendations on improving cooperation with such countries
to enhance border security.
(b) Updates- The Secretary shall regularly update the
Committee on Homeland Security of the House of Representatives
concerning such implementation.
SEC. 104. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2008, the Secretary of Homeland Security shall--
(1) in consultation with the Attorney General, enhance
connectivity between the IDENT and IAFIS fingerprint databases to
ensure more expeditious data searches; and
(2) in consultation with the Secretary of State,
collect all fingerprints from each alien required to provide
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.
1221 note).
SEC. 105. ONE FACE AT THE BORDER INITIATIVE.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit to Congress a
report--
(1) describing the tangible and quantifiable benefits
of the One Face at the Border Initiative established by the Department
of Homeland Security;
(2) identifying goals for and challenges to increased effectiveness of the One Face at the Border Initiative;
(3) providing a breakdown of the number of inspectors who were--
(A) personnel of the United States Customs Service
before the date of the establishment of the Department of Homeland
Security;
(B) personnel of the Immigration and Naturalization Service before the date of the establishment of the Department;
(C) personnel of the Department of Agriculture before the date of the establishment of the Department; or
(D) hired after the date of the establishment of the Department;
(4) describing the training time provided to each
employee on an annual basis for the various training components of the
One Face at the Border Initiative; and
(5) outlining the steps taken by the Department to
ensure that expertise is retained with respect to customs, immigration,
and agriculture inspection functions under the One Face at the Border
Initiative.
SEC. 106. SECURE COMMUNICATION.
The Secretary of Homeland Security shall, as expeditiously
as practicable, develop and implement a plan to ensure clear and secure
two-way communication capabilities, including the specific use of
satellite communications--
(1) among all Border Patrol agents conducting operations between ports of entry;
(2) between Border Patrol agents and their respective Border Patrol stations;
(3) between Border Patrol agents and residents in
remote areas along the international land border who do not have mobile
communications, as the Secretary determines necessary; and
(4) between all appropriate Department of Homeland
Security border security agencies and State, local, and tribal law
enforcement agencies.
SEC. 107. PORT OF ENTRY INSPECTION PERSONNEL.
In each of fiscal years 2009 through 2012, the Secretary of
Homeland Security shall, subject to the availability of appropriations,
increase by not less than 250 the number of positions for full-time
active duty port of entry inspectors. There are authorized to be
appropriated to the Secretary such sums as may be necessary for each
such fiscal year to hire, train, equip, and support such additional
inspectors under this section.
SEC. 108. CANINE DETECTION TEAMS.
In each of fiscal years 2009 through 2013, the Secretary of
Homeland Security shall, subject to the availability of appropriations,
increase by not less than 25 percent above the number of such positions
for which funds were allotted for the preceding fiscal year the number
of trained detection canines for use at United States ports of entry
and along the international land and maritime borders of the United
States.
SEC. 109. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General- The Inspector General of the Department of
Homeland Security shall review each contract action related to the
Department's Secure Border Initiative having a value greater than
$20,000,000, to determine whether each such action fully complies with
applicable cost requirements, performance objectives, program
milestones, inclusion of small, minority, and women-owned business, and
timelines. The Inspector General shall complete a review under this
subsection with respect to a contract action--
(1) not later than 60 days after the date of the initiation of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Report by Inspector General- Upon completion of each
review described in subsection (a), the Inspector General shall submit
to the Secretary of Homeland Security a report containing the findings
of the review, including findings regarding any cost overruns,
significant delays in contract execution, lack of rigorous departmental
contract management, insufficient departmental financial oversight,
bundling that limits the ability of small business to compete, or other
high risk business practices.
(c) Report by Secretary- Not later than 30 days after the
receipt of each report required under subsection (b), the Secretary of
Homeland Security shall submit to the appropriate congressional
committees (as defined in section 102(g)) a report on the findings of
the report by the Inspector General and the steps the Secretary has
taken, or plans to take, to address the problems identified in such
report.
(d) Authorization of Appropriations- In addition to amounts
that are otherwise authorized to be appropriated to the Office of the
Inspector General, an additional amount equal to at least five percent
for fiscal year 2009, at least six percent for fiscal year 2010, and at
least seven percent for fiscal year 2011 of the overall budget of the
Office for each such fiscal year is authorized to be appropriated to
the Office to enable the Office to carry out this section.
(e) Action by Inspector General- In the event the Inspector
General becomes aware of any improper conduct or wrongdoing in
accordance with the contract review required under subsection (a), the
Inspector General shall, as expeditiously as practicable, refer
information related to such improper conduct or wrongdoing to the
Secretary of Homeland Security or other appropriate official in the
Department of Homeland Security for purposes of evaluating whether to
suspend or debar the contractor.
SEC. 110. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General- The Comptroller General of the United
States shall conduct a review of the basic training provided to Border
Patrol agents by the Department of Homeland Security to ensure that
such training is provided as efficiently and cost-effectively as
possible.
(b) Components of Review- The review under subsection (a) shall include the following components:
(1) An evaluation of the length and content of the
basic training curriculum provided to new Border Patrol agents by the
Federal Law Enforcement Training Center, including a description of how
the curriculum has changed since September 11, 2001.
(2) A review and a detailed breakdown of the costs
incurred by United States Customs and Border Protection and the Federal
Law Enforcement Training Center to train one new Border Patrol agent.
(3) A comparison, based on the review and breakdown
under paragraph (2) of the costs, effectiveness, scope, and quality,
including geographic characteristics, with other similar law
enforcement training programs provided by State and local agencies,
non-profit organizations, universities, and the private sector.
(4) An evaluation of whether and how utilizing
comparable non-Federal training programs, proficiency testing to
streamline training, and long-distance learning programs may affect--
(A) the cost-effectiveness of increasing the number
of Border Patrol agents trained per year and reducing the per agent
costs of basic training; and
(B) the scope and quality of basic training needed to fulfill the mission and duties of a Border Patrol agent.
SEC. 111. AIRSPACE SECURITY MISSION IMPACT REVIEW.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit to the
appropriate congressional committees a report detailing the impact the
airspace security mission in the National Capital Region (in this
section referred to as the `NCR') will have on the ability of the
Department of Homeland Security to protect the international land and
maritime borders of the United States. Specifically, the report shall
address:
(1) The specific resources, including personnel,
assets, and facilities, devoted or planned to be devoted to the NCR
airspace security mission, and from where those resources were obtained
or are planned to be obtained.
(2) An assessment of the impact that diverting
resources to support the NCR mission has or is expected to have on the
traditional missions in and around the international land and maritime
borders of the United States.
SEC. 112. REPAIR OF PRIVATE INFRASTRUCTURE ON BORDER.
(a) In General- Subject to the amount appropriated in
subsection (d) of this section, the Secretary of Homeland Security
shall reimburse property owners for costs associated with repairing
damages to the property owners' private infrastructure constructed on a
United States Government right-of-way delineating the international
land border when such damages are--
(1) the result of unlawful entry of aliens; and
(2) confirmed by the appropriate personnel of the
Department of Homeland Security and submitted to the Secretary for
reimbursement.
(b) Value of Reimbursements- Reimbursements for submitted
damages as outlined in subsection (a) shall not exceed the value of the
private infrastructure prior to damage.
(c) Reports- Not later than six months after the date of
the enactment of this Act and every subsequent six months until the
amount appropriated for this section is expended in its entirety, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security of the House of Representatives a report that details
the expenditures and circumstances in which those expenditures were
made pursuant to this section.
(d) Authorization of Appropriations- There shall be
authorized to be appropriated an initial $50,000 for each fiscal year
to carry out this section.
SEC. 113. BORDER PATROL UNIT FOR VIRGIN ISLANDS.
Not later than September 30, 2008, the Secretary of
Homeland Security shall establish at least one Border Patrol unit for
the Virgin Islands of the United States.
SEC. 114. REPORT ON PROGRESS IN TRACKING TRAVEL OF CENTRAL AMERICAN GANGS ALONG INTERNATIONAL BORDER.
Not later than one year after the date of the enactment of
this Act, the Secretary of Homeland Security shall report to the
Committee on Homeland Security of the House of Representatives on the
progress of the Department of Homeland Security in tracking the travel
of Central American gangs across the international land border of the
United States and Mexico.
SEC. 115. COLLECTION OF DATA.
Beginning on October 1, 2008, the Secretary of Homeland
Security shall annually compile data on the following categories of
information:
(1) The number of unauthorized aliens who require medical care taken into custody by Border Patrol officials.
(2) The number of unauthorized aliens with serious
injuries or medical conditions Border Patrol officials encounter, and
refer to local hospitals or other health facilities.
(3) The number of unauthorized aliens with serious
injuries or medical conditions who arrive at United States ports of
entry and subsequently are admitted into the United States for
emergency medical care, as reported by United States Customs and Border
Protection.
(4) The number of unauthorized aliens described in
paragraphs (2) and (3) who subsequently are taken into custody by the
Department of Homeland Security after receiving medical treatment.
SEC. 116. DEPLOYMENT OF RADIATION DETECTION PORTAL EQUIPMENT AT UNITED STATES PORTS OF ENTRY.
(a) Deployment- Not later than one year after the date of
the enactment of this Act, the Secretary of Homeland Security shall
deploy radiation portal monitors at all United States ports of entry
and facilities as determined by the Secretary to facilitate the
screening of all inbound cargo for nuclear and radiological material.
(b) Report- Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Homeland Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
the Department's progress toward carrying out the deployment described
in subsection (a).
(c) Authorization of Appropriations- There is authorized to
be appropriated to the Secretary to carry out subsection (a) such sums
as may be necessary for each of fiscal years 2008 and 2009.
SEC. 117. CONSULTATION WITH BUSINESSES AND FIRMS.
With respect to the Secure Border Initiative and for the
purposes of strengthening security along the international land and
maritime borders of the United States, the Secretary of Homeland
Security shall conduct outreach to and consult with members of the
private sector, including business councils, associations, and small,
minority-owned, women-owned, and disadvantaged businesses to--
(1) identify existing and emerging technologies, best practices, and business processes;
(2) maximize economies of scale, cost-effectiveness, systems integration, and resource allocation; and
(3) identify the most appropriate contract mechanisms
to enhance financial accountability and mission effectiveness of border
security programs.
SEC. 118. SENSE OF CONGRESS REGARDING ENFORCEMENT OF IMMIGRATION LAWS.
(a) Findings- Congress finds the following:
(1) A primary duty of the Federal Government is to
secure the homeland and ensure the safety of United States citizens and
lawful residents.
(2) As a result of the terrorist attacks on September
11, 2001, perpetrated by al Qaida terrorists on United States soil, the
United States is engaged in a Global War on Terrorism.
(3) According to the National Commission on Terrorist
Attacks Upon the United States, up to 15 of the 9/11 hijackers could
have been intercepted or deported through more diligent enforcement of
immigration laws.
(4) Six years after those attacks, there is still a failure to secure the borders of the United States against illegal entry.
(5) The failure to enforce immigration laws in the
interior of the United States means that illegal aliens face little or
no risk of apprehension or removal once they are in the country.
(6) If illegal aliens can enter and remain in the
United States with impunity, so, too, can terrorists enter and remain
while they plan, rehearse, and then carry out their attacks.
(7) The failure to control and to prevent illegal
immigration into the United States increases the likelihood that
terrorists will succeed in launching catastrophic or harmful attacks on
United States soil.
(8) There are numerous immigration laws that are currently not being enforced.
(9) Law enforcement officers are often discouraged from enforcing the law by superiors.
(b) Sense of Congress- It is the sense of Congress that the
President, the Attorney General, Secretary of State, Secretary of
Homeland Security, and other Department Secretaries should immediately
use every tool available to them to enforce the immigration laws of the
United States, as enacted by Congress.
SEC. 119. SECURING ACCESS TO BORDER PATROL UNIFORMS.
Notwithstanding any other provision of law, all uniforms
procured for the use of Border Patrol agents shall be manufactured in
the United States substantially all from articles, materials, or
supplies mined, produced, or manufactured, as the case may be, in the
United States.
SEC. 120. US-VISIT.
Not later than one year after the date of the enactment of
this Act, the Secretary of Homeland Security, in consultation with the
heads of other appropriate Federal agencies, shall submit to the
appropriate congressional committees a timeline for--
(1) equipping all land border ports of entry with the US-VISIT system;
(2) developing and deploying at all land border ports of entry the exit component of the US-VISIT system; and
(3) making interoperable all immigration screening systems operated by the Department of Homeland Security.
SEC. 121. VOLUNTARY RELOCATION PROGRAM EXTENSION.
Section 5739(e) of title 5, United States Code, is amended by striking `7' and inserting `12'.
SEC. 122. 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:
`(i) Notwithstanding any other provision of law, the
Secretary of Homeland Security, the Attorney General, and the courts
may not--
`(1) grant or order the grant of adjustment of status
of an alien 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 Secretary, the Attorney General, or any court,
until an IBIS check on the alien has been initiated at a
Treasury Enforcement Communications System (TECS) access level of no
less than Level 3, results from the check have been returned, and any
derogatory information has been obtained and assessed, and until any
other such background and security checks have been completed as the
Secretary may require.
`(j) Notwithstanding any other provision of law, the
Secretary of Homeland Security, the Attorney General, and the courts
may not--
`(1) grant or order the grant of adjustment of status
of an alien 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 Secretary, the Attorney General, or any court,
until any suspected or alleged fraud relating to the
granting of any status (including the granting of adjustment of
status), relief, protection from removal, or other benefit under this
subsection has been fully investigated and found to be
unsubstantiated.'.
TITLE II--COMBATTING ALIEN SMUGGLING AND ILLEGAL ENTRY AND PRESENCE
SEC. 201. DEFINITION OF AGGRAVATED FELONY.
(a) In General- Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(1) in subparagraph (N), by striking `paragraph (1)(A)
or (2) of section 274(a) (relating to alien smuggling)' and inserting
`section 274(a)' and by adding a semicolon at the end;
(2) in subparagraph (O), by striking `section 275(a) or
276 committed by an alien who was previously deported on the basis of a
conviction for an offense described in another subparagraph of this
paragraph', and inserting `section 275 or section 276 for which the
term of imprisonment was at least one year'; and
(3) by striking all that follows subparagraph (U) and inserting the following:
`(i) to an offense described in this paragraph
whether in violation of Federal or State law and applies to such an
offense in violation of the law of a foreign country for which the term
of imprisonment was completed within the previous 15 years;
`(ii) even if the length of the term of imprisonment is based on recidivist or other enhancements;
`(iii) to an offense described in this paragraph
even if the statute setting forth the offense of conviction sets forth
other offenses not described in this paragraph, unless the alien
affirmatively shows, by a preponderance of evidence and using public
records related to the conviction, including court records, police
records and presentence reports, that the particular facts underlying
the offense do not satisfy the generic definition of that offense; and
`(iv) regardless of whether the conviction was
entered before, on, or after September 30, 1996, and notwithstanding
any other provision of law (including any effective date).'.
(b) Effective Date- The amendments made by subsection (a)
shall apply to offenses that occur before, on, or after the date of the
enactment of this Act.
SEC. 202. ALIEN SMUGGLING AND RELATED OFFENSES.
(a) In General- Section 274 of the Immigration and Nationality Act (8 U.S.C. 1324) is amended to read as follows:
`ALIEN SMUGGLING AND RELATED OFFENSES
`Sec. 274. (a) Criminal Offenses and Penalties-
`(1) PROHIBITED ACTIVITIES- Whoever--
`(A) assists, encourages, directs, or induces a
person to come to or enter the United States, or to attempt to come to
or enter the United States, knowing or in reckless disregard of the
fact that such person is an alien who lacks lawful authority to come to
or enter the United States;
`(B) assists, encourages, directs, or induces a
person to come to or enter the United States at a place other than a
designated port of entry or place other than as designated by the
Secretary of Homeland Security, regardless of whether such person has
official permission or lawful authority to be in the United States,
knowing or in reckless disregard of the fact that such person is an
alien;
`(C) transports or moves a person in the United
States, knowing or in reckless disregard of the fact that such person
is an alien who lacks lawful authority to enter or be in the United
States, where the transportation or movement will aid or further in any
manner the person's illegal entry into or illegal presence in the
United States;
`(D) transports, moves, harbors, conceals, or
shields from detection a person outside of the United States knowing or
in reckless disregard of the fact that such person is an alien in
unlawful transit from one country to another or on the high seas, under
circumstances in which the person is in fact seeking to enter the
United States without official permission or lawful authority; or
`(E) conspires or attempts to commit any of the preceding acts,
shall be punished as provided in paragraph (2),
regardless of any official action which may later be taken with respect
to such alien.
`(2) CRIMINAL PENALTIES- A person who violates the provisions of paragraph (1) shall--
`(A) except as provided in subparagraphs (D)
through (H), in the case where the offense was not committed for
commercial advantage, profit, or private financial gain, be imprisoned
for not more than 5 years, or fined under title 18, United States Code,
or both;
`(B) except as provided in subparagraphs (C)
through (H), where the offense was committed for commercial advantage,
profit, or private financial gain--
`(i) in the case of a first violation of this
subparagraph, be imprisoned for not more than 20 years, or fined under
title 18, United States Code, or both; and
`(ii) for any subsequent violation, be
imprisoned for not less than 3 years nor more than 20 years, or fined
under title 18, United States Code, or both;
`(C) in the case where the offense was committed
for commercial advantage, profit, or private financial gain and
involved 2 or more aliens other than the offender, be imprisoned for
not less than 3 nor more than 20 years, or fined under title 18, United
States Code, or both;
`(D) in the case where the offense furthers or aids
the commission of any other offense against the United States or any
State, which offense is punishable by imprisonment for more than 1
year, be imprisoned for not less than 5 nor more than 20 years, or
fined under title 18, United States Code, or both;
`(E) in the case where any participant in the
offense created a substantial risk of death or serious bodily injury to
another person, including--
`(i) transporting a person in an engine compartment, storage compartment, or other confined space;
`(ii) transporting a person at an excessive speed or in excess of the rated capacity of the means of transportation; or
`(iii) transporting or harboring a person in a crowded, dangerous, or inhumane manner,
be imprisoned not less than 5 nor more than 20 years, or fined under title 18, United States Code, or both;
`(F) in the case where the offense caused serious
bodily injury (as defined in section 1365 of title 18, United States
Code, including any conduct that would violate sections 2241 or 2242 of
title 18, United States Code, if the conduct occurred in the special
maritime and territorial jurisdiction of the United States) to any
person, be imprisoned for not less than 7 nor more than 30 years, or
fined under title 18, United States Code, or both;
`(G) in the case where the offense involved an alien who the offender knew or had reason to believe was an alien--
`(i) engaged in terrorist activity (as defined in section 212(a)(3)(B)); or
`(ii) intending to engage in such terrorist activity,
be imprisoned for not less than 10 nor more than 30 years, or fined under title 18, United States Code, or both; and
`(H) in the case where the offense caused or
resulted in the death of any person, be punished by death or imprisoned
for not less than 10 years, or any term of years, or for life, or fined
under title 18, United States Code, or both.
`(3) EXTRATERRITORIAL JURISDICTION- There is
extraterritorial Federal jurisdiction over the offenses described in
this subsection.
`(b) Employment of Unauthorized Aliens-
`(1) IN GENERAL- Any person who, during any 12-month
period, knowingly hires for employment at least 10 individuals with
actual knowledge that the individuals are aliens described in paragraph
(2), shall be fined under title 18, United States Code, imprisoned for
not more than 5 years, or both.
`(2) ALIEN DESCRIBED- A alien described in this paragraph is an alien who--
`(A) is an unauthorized alien (as defined in section 274A(h)(3)); and
`(B) has been brought into the United States in violation of subsection (a).
`(c) Seizure and Forfeiture-
`(1) IN GENERAL- Any property, real or personal, that
has been used to commit or facilitate the commission of a violation of
this section, the gross proceeds of such violation, and any property
traceable to such property or proceeds, shall be subject to forfeiture.
`(2) APPLICABLE PROCEDURES- Seizures and forfeitures
under this subsection shall be governed by the provisions of chapter 46
of title 18, United States Code, relating to civil forfeitures,
including section 981(d) of such title, except that such duties as are
imposed upon the Secretary of the Treasury under the customs laws
described in that section shall be performed by such officers, agents,
and other persons as may be designated for that purpose by the
Secretary of Homeland Security.
`(d) Authority To Arrest- No officer or person shall have
authority to make any arrests for a violation of any provision of this
section except officers and employees designated by the Secretary of
Homeland Security, either individually or as a member of a class, and
all other officers whose duty it is to enforce criminal laws.
`(e) Admissibility of Evidence-
`(1) PRIMA FACIE EVIDENCE IN DETERMINATIONS OF
VIOLATIONS- Notwithstanding any provision of the Federal Rules of
Evidence, in determining whether a violation of subsection (a) has
occurred, any of the following shall be prima facie evidence that an
alien involved in the violation lacks lawful authority to come to,
enter, reside, remain, or be in the United States or that such alien
had come to, entered, resided, remained or been present in the United
States in violation of law:
`(A) Any order, finding, or determination
concerning the alien's status or lack thereof made by a Federal judge
or administrative adjudicator (including an immigration judge or an
immigration officer) during any judicial or administrative proceeding
authorized under the immigration laws or regulations prescribed
thereunder.
`(B) An official record of the Department of
Homeland Security, Department of Justice, or the Department of State
concerning the alien's status or lack thereof.
`(C) Testimony by an immigration officer having personal knowledge of the facts concerning the alien's status or lack thereof.
`(2) VIDEOTAPED TESTIMONY- Notwithstanding any
provision of the Federal Rules of Evidence, the videotaped (or
otherwise audiovisually preserved) deposition of a witness to a
violation of subsection (a) who has been deported or otherwise expelled
from the United States, or is otherwise unavailable to testify, may be
admitted into evidence in an action brought for that violation if the
witness was available for cross examination at the deposition and the
deposition otherwise complies with the Federal Rules of Evidence.
`(f) Definitions- For purposes of this section:
`(1) The term `lawful authority' means permission,
authorization, or license that is expressly provided for in the
immigration laws of the United States or the regulations prescribed
thereunder. Such term does not include any such authority secured by
fraud or otherwise obtained in violation of law, nor does it include
authority that has been sought but not approved. No alien shall be
deemed to have lawful authority to come to, enter, reside, remain, or
be in the United States if such coming to, entry, residence, remaining,
or presence was, is, or would be in violation of law.
`(2) The term `unlawful transit' means travel,
movement, or temporary presence that violates the laws of any country
in which the alien is present, or any country from which or to which
the alien is traveling or moving.'.
(b) Clerical Amendment- The item relating to section 274 in the table of contents of such Act is amended to read as follows:
`Sec. 274. Alien smuggling and related offenses.'.
SEC. 203. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.
Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) is amended--
(1) in the section heading, by inserting `UNLAWFUL PRESENCE;' after `IMPROPER TIME OR PLACE;';
(A) by striking `Any alien' and inserting `Except as provided in subsection (b), any alien';
(B) by striking `or' before (3); and
(C) by inserting after `concealment of a material
fact,' the following: `or (4) is otherwise present in the United States
in violation of the immigration laws or the regulations prescribed
thereunder,';
(3) by amending subsection (c) to read as follows:
`(A) knowingly enters into a marriage for the purpose of evading any provision of the immigration laws; or
`(B) knowingly misrepresents the existence or circumstances of a marriage--
`(i) in an application or document arising under or
authorized by the immigration laws of the United States or the
regulations prescribed thereunder, or
`(ii) during any immigration proceeding conducted
by an administrative adjudicator (including an immigration officer or
examiner, a consular officer, an immigration judge, or a member of the
Board of Immigration Appeals);
shall be fined under title 18, United States Code, or imprisoned not more than 10 years, or both.
`(A) knowingly enters into two or more marriages for the purpose of evading any provision of the immigration laws; or
`(B) knowingly arranges, supports, or facilitates two
or more marriages designed or intended to evade any provision of the
immigration laws;
shall be fined under title 18, United States Code, imprisoned not less than 2 years nor more than 20 years, or both.
`(3) An offense under this subsection continues until the
fraudulent nature of the marriage or marriages is discovered by an
immigration officer.
`(4) For purposes of this section, the term `proceeding' includes an adjudication, interview, hearing, or review.';
(A) by striking `5 years' and inserting `10 years';
(B) by adding at the end the following: `An offense
under this subsection continues until the fraudulent nature of the
commercial enterprise is discovered by an immigration officer.'; and
(5) by adding at the end the following new subsections:
`(e)(1) Any alien described in paragraph (2)--
`(A) shall be fined under title 18, United States Code,
imprisoned not more than 10 years, or both, if the offense described in
such paragraph was committed subsequent to a conviction or convictions
for commission of three or more misdemeanors involving drugs, crimes
against the person, or both, or a felony;
`(B) whose violation was subsequent to conviction for a
felony for which the alien received a sentence of 30 months or more,
shall be fined under title 18, United States Code, imprisoned not more
than 10 years, or both; or
`(C) whose violation was subsequent to conviction for a
felony for which the alien received a sentence of 60 months or more,
shall be fined under title 18, United States Code, imprisoned not more
than 20 years, or both.
`(2) An alien described in this paragraph is an alien who--
`(A) enters or attempts to enter the United States at any time or place other than as designated by immigration officers;
`(B) eludes examination or inspection by immigration officers;
`(C) attempts to enter or obtains entry to the
United States by a willfully false or misleading representation or the
willful concealment of a material fact; or
`(D) is otherwise present in the United States in violation of the immigration laws or the regulations prescribed thereunder.
`(3) The prior convictions in subparagraph (A), (B), or (C)
of paragraph (1) are elements of those crimes and the penalties in
those subparagraphs shall apply only in cases in which the conviction
(or convictions) that form the basis for the additional penalty are
alleged in the indictment or information and are proven beyond a
reasonable doubt at trial or admitted by the defendant in pleading
guilty. Any admissible evidence may be used to show that the prior
conviction is a qualifying crime, and the criminal trial for a
violation of this section shall not be bifurcated.
`(4) An offense under subsection (a) or paragraph (1) of
this subsection continues until the alien is discovered within the
United States by immigration officers.
`(f) For purposes of this section, the term `attempts to
enter' refers to the general intent of the alien to enter the United
States and does not refer to the intent of the alien to violate the
law.'.
SEC. 204. REENTRY OF REMOVED ALIENS.
Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended--
(A) in paragraph (2), by striking all that follows `United States' the first place it appears and inserting a comma;
(B) in the matter following paragraph (2), by
striking `imprisoned not more than 2 years,' and inserting `imprisoned
for a term of not less than 1 year and not more than 2 years,';
(C) by adding at the end the following: `It shall
be an affirmative defense to an offense under this subsection that (A)
prior to an alien's reembarkation at a place outside the United States
or an alien's application for admission from foreign contiguous
territory, the Secretary of Homeland Security has expressly consented
to the alien's reapplying for admission; or (B) with respect to an
alien previously denied admission and removed, such alien was not
required to obtain such advance consent under this Act or any prior
Act.';
(A) in paragraph (1), by striking `imprisoned not
more than 10 years,' and insert `imprisoned for a term of not less than
5 years and not more than 10 years,';
(B) in paragraph (2), by striking `imprisoned not
more than 20 years,' and insert `imprisoned for a term of not less than
10 years and not more than 20 years,';
(C) in paragraph (3), by striking `. or' and inserting `; or';
(D) in paragraph (4), by striking `imprisoned for
not more than 10 years,' and insert `imprisoned for a term of not less
than 5 years and not more than 10 years,'; and
(E) by adding at the end the following: `The prior
convictions in paragraphs (1) and (2) are elements of enhanced crimes
and the penalties under such paragraphs shall apply only where the
conviction (or convictions) that form the basis for the additional
penalty are alleged in the indictment or information and are proven
beyond a reasonable doubt at trial or admitted by the defendant in
pleading guilty. Any admissible evidence may be used to show that the
prior conviction is a qualifying crime and the criminal trial for a
violation of either such paragraph shall not be bifurcated.';
(3) in subsections (b)(3), (b)(4), and (c), by striking
`Attorney General' and inserting `Secretary of Homeland Security' each
place it appears;
(4) in subsection (c), by striking `242(h)(2)' and inserting `241(a)(4)'; and
(5) by adding at the end the following new subsection:
`(e) For purposes of this section, the term `attempts to
enter' refers to the general intent of the alien to enter the United
States and does not refer to the intent of the alien to violate the
law.'.
SEC. 205. PROHIBITING CARRYING OR USING A FIREARM DURING AND IN RELATION TO AN ALIEN SMUGGLING CRIME.
Section 924(c) of title 18, United States Code, is amended--
(1) in paragraphs (1)(A) and (1)(D)(ii), by inserting
`, alien smuggling crime,' after `crime of violence' each place it
appears; and
(2) by adding at the end the following new paragraph:
`(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section 274(a), 277,
or 278 of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327,
or 1328).'.
SEC. 206. CLARIFYING CHANGES.
(a) Exclusion Based on False Claim of Nationality-
(1) IN GENERAL- Section 212(a)(6)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)) is amended--
(A) in the heading, by inserting `OR NATIONALITY' after `CITIZENSHIP'; and
(B) by inserting `or national' after `citizen' each place it appears.
(2) EFFECTIVE DATE- The amendments made by paragraph
(1) shall take effect on the date of the enactment of this Act and
shall apply to acts occurring before, on, or after such date.
(b) Sharing of Information- Section 290(b) of such Act (8 U.S.C. 1360(b)) is amended--
(1) by inserting `, or as to any person seeking any benefit or privilege under the immigration laws,' after `United States';
(2) by striking `Service' and inserting `Secretary of Homeland Security'; and
(3) by striking `Attorney General' and inserting `Secretary'.
(c) Exceptions Authority- Section 212(a)(3)(B)(ii) of such
Act (8 U.S.C. 1182(a)(3)(B)(ii)) is amended by striking `Subclause
(VII)' and inserting `Subclause (IX)'.
SEC. 207. VOLUNTARY DEPARTURE REFORM.
(a) Encouraging Aliens To Depart Voluntarily-
(1) AUTHORITY- Subsection (a) of section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
(A) by amending paragraph (1) to read as follows:
`(1) IN LIEU OF REMOVAL PROCEEDINGS- The Secretary of
Homeland Security may permit an alien voluntarily to depart the United
States at the alien's own expense under this subsection, in lieu of
being subject to proceedings under section 240, if the alien is not
described in section 237(a)(2)(A)(iii) or section 237(a)(4).';
(B) by striking paragraph (3);
(C) by redesignating paragraph (2) as paragraph (3);
(D) by inserting after paragraph (1) the following new paragraph:
`(2) PRIOR TO THE CONCLUSION OF REMOVAL PROCEEDINGS-
After removal proceedings under section 240 are initiated, the Attorney
General may permit an alien voluntarily to depart the United States at
the alien's own expense under this subsection, prior to the conclusion
of such proceedings before an immigration judge, if the alien is not
described in section 237(a)(2)(A)(iii) or section 237(a)(4).'; and
(E) in paragraph (4), by striking `paragraph (1)' and inserting `paragraphs (1) and (2)'.
(2) VOLUNTARY DEPARTURE PERIOD- Such section is further amended--
(A) in subsection (a)(3), as redesignated by paragraph (1)(C)--
(i) by amending subparagraph (A) to read as follows:
`(A) IN LIEU OF REMOVAL- Subject to subparagraph
(C), permission to depart voluntarily under paragraph (1) shall not be
valid for a period exceeding 120 days. The Secretary of Homeland
Security may require an alien permitted to depart voluntarily under
paragraph (1) to post a voluntary departure bond, to be surrendered
upon proof that the alien has departed the United States within the
time specified.';
(ii) in subparagraph (B), by striking `subparagraphs (C) and (D)(ii)' and inserting `subparagraphs (D) and (E)(ii)';
(iii) in subparagraphs (C) and (D), by striking `subparagraph (B)' and inserting `subparagraph (C)' each place it appears;
(iv) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively; and
(v) by inserting after subparagraph (A) the following new subparagraph:
`(B) PRIOR TO THE CONCLUSION OF REMOVAL
PROCEEDINGS- Permission to depart voluntarily under paragraph (2) shall
not be valid for a period exceeding 60 days, and may be granted only
after a finding that the alien has established that the alien has the
means to depart the United States and intends to do so. An alien
permitted to depart voluntarily under paragraph (2) must post a
voluntary departure bond, in an amount necessary to ensure that the
alien will depart, to be surrendered upon proof that the alien has
departed the United States within the time specified. An immigration
judge may waive posting of a voluntary departure bond in individual
cases upon a finding that the alien has presented compelling evidence
that the posting of a bond will be a serious financial hardship and the
alien has presented credible evidence that such a bond is unnecessary
to guarantee timely departure.'; and
(B) in subsection (b)(2), by striking `60 days' and inserting `45 days'.
(3) VOLUNTARY DEPARTURE AGREEMENTS- Subsection (c) of such section is amended to read as follows:
`(c) Conditions on Voluntary Departure-
`(1) VOLUNTARY DEPARTURE AGREEMENT- Voluntary departure
will be granted only as part of an affirmative agreement by the alien.
A voluntary departure agreement under subsection (b) shall include a
waiver of the right to any further motion, appeal, application,
petition, or petition for review relating to removal or relief or
protection from removal.
`(2) CONCESSIONS BY THE SECRETARY- In connection with
the alien's agreement to depart voluntarily under paragraph (1), the
Secretary of Homeland Security in the exercise of discretion may agree
to a reduction in the period of inadmissibility under subparagraph (A)
or (B)(i) of section 212(a)(9).
`(3) FAILURE TO COMPLY WITH AGREEMENT AND EFFECT OF
FILING TIMELY APPEAL- If an alien agrees to voluntary departure under
this section and fails to depart the United States within the time
allowed for voluntary departure or fails to comply with any other terms
of the agreement (including a failure to timely post any required
bond), the alien automatically becomes ineligible for the benefits of
the agreement, subject to the penalties described in subsection (d),
and subject to an alternate order of removal if voluntary departure was
granted under subsection (a)(2) or (b). However, if an alien agrees to
voluntary departure but later files a timely appeal of the immigration
judge's decision granting voluntary departure, the alien may pursue the
appeal instead of the voluntary departure agreement. Such appeal
operates to void the alien's voluntary departure agreement and the
consequences thereof, but the alien may not again be granted voluntary
departure while the alien remains in the United States.'.
(4) ELIGIBILITY- Subsection (e) of such section is amended to read as follows:
`(1) PRIOR GRANT OF VOLUNTARY DEPARTURE- An alien shall
not be permitted to depart voluntarily under this section if the
Secretary of Homeland Security or the Attorney General previously
permitted the alien to depart voluntarily.
`(2) ADDITIONAL LIMITATIONS- The Secretary of Homeland
Security may by regulation limit eligibility or impose additional
conditions for voluntary departure under subsection (a)(1) for any
class or classes of aliens. The Secretary or Attorney General may by
regulation limit eligibility or impose additional conditions for
voluntary departure under subsection (a)(2) or (b) for any class or
classes of aliens. Notwithstanding any other provision of law
(statutory or nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and section 1361 and
1651 of such title, no court may review any regulation issued under
this subsection.'.
(b) Avoiding Delays in Voluntary Departure-
(1) Alien's OBLIGATION TO DEPART WITHIN THE TIME
ALLOWED- Subsection (c) of section 240B of the Immigration and
Nationality Act (8 U.S.C. 1229c), as amended by subsection (a), is
further amended by adding at the end the following new paragraph:
`(4) VOLUNTARY DEPARTURE PERIOD NOT AFFECTED- Except as
expressly agreed to by the Secretary of Homeland Security in writing in
the exercise of the Secretary's discretion before the expiration of the
period allowed for voluntary departure, no motion, appeal, application,
petition, or petition for review shall affect, reinstate, enjoin,
delay, stay, or toll the alien's obligation to depart from the United
States during the period agreed to by the alien and the Secretary.'.
(2) NO TOLLING- Subsection (f) of such section is
amended by adding at the end the following new sentence:
`Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, United States Code,
or any other habeas corpus provision, and section 1361 and 1651 of such
title, no court shall have jurisdiction to affect, reinstate, enjoin,
delay, stay, or toll the period allowed for voluntary departure under
this section.'.
(c) Penalties for Failure To Depart Voluntarily-
(1) PENALTIES FOR FAILURE TO DEPART- Subsection (d) of
section 240B of the Immigration and Nationality Act (8 U.S.C. 229c) is
amended to read as follows:
`(d) Penalties for Failure To Depart- If an alien is
permitted to depart voluntarily under this section and fails
voluntarily to depart from the United States within the time period
specified or otherwise violates the terms of a voluntary departure
agreement, the following provisions apply:
`(A) IN GENERAL- The alien will be liable for a civil penalty of $3,000.
`(B) SPECIFICATION IN ORDER- The order allowing
voluntary departure shall specify the amount of the penalty, which
shall be acknowledged by the alien on the record.
`(C) COLLECTION- If the Secretary of Homeland
Security thereafter establishes that the alien failed to depart
voluntarily within the time allowed, no further procedure will be
necessary to establish the amount of the penalty, and the Secretary may
collect the civil penalty at any time thereafter and by whatever means
provided by law.
`(D) INELIGIBILITY FOR BENEFITS- An alien will be
ineligible for any benefits under this title until any civil penalty
under this subsection is paid.
`(2) INELIGIBILITY FOR RELIEF- The alien will be
ineligible during the time the alien remains in the United States and
for a period of 10 years after the alien's departure for any further
relief under this section and sections 240A, 245, 248, and 249.
`(A) IN GENERAL- Subject to subparagraph (B), the
alien will be ineligible to reopen a final order of removal which took
effect upon the alien's failure to depart, or the alien's violation of
the conditions for voluntary departure, during the period described in
paragraph (2).
`(B) EXCEPTION- Subparagraph (A) does not preclude
a motion to reopen to seek withholding of removal under section
241(b)(3) or protection against torture.
The order permitting the alien to depart voluntarily
under this section shall inform the alien of the penalties under this
subsection.'.
(2) IMPLEMENTATION OF EXISTING STATUTORY PENALTIES- The
Secretary of Homeland Security shall implement regulations to provide
for the imposition and collection of penalties for failure to depart
under section 240B(d) of the Immigration and Nationality Act, as
amended by paragraph (1).
(1) IN GENERAL- Except as provided in paragraph (2),
the amendments made by this section shall apply with respect to all
orders granting voluntary departure under section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) made on or after the
date that is 180 days after the date of the enactment of this Act.
(2) EXCEPTION- The amendment made by subsection (b)(2)
shall take effect on the date of the enactment of this Act and shall
apply with respect to any petition for review which is entered on or
after such date.
SEC. 208. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN
THE UNITED STATES UNLAWFULLY AND FROM UNLAWFULLY RETURNING TO THE
UNITED STATES AFTER DEPARTING VOLUNTARILY.
(a) Inadmissible Aliens- Paragraph (9) of section 212(a) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)) is amended--
(1) in subparagraph (A)(i), by striking `within 5 years of' and inserting `before, or within 5 years of,'; and
(2) in subparagraph (A)(ii) by striking `within 10 years of' and inserting `before, or within 10 years of,'.
(b) Failure To Depart, Apply for Travel Documents, or
Appear for Removal or Conspiracy To Prevent or Hamper Departure-
Section 274D of such Act (8 U.S.C. 1324d) is amended--
(1) in subsection (a), by striking `Commissioner' and inserting `Secretary of Homeland Security'; and
(2) by adding at the end the following new subsection:
`(c) Ineligibility for Relief-
`(1) IN GENERAL- Subject to paragraph (2), unless a
timely motion to reopen is granted under section 240(c)(6), an alien
described in subsection (a) shall be ineligible for any discretionary
relief from removal pursuant to a motion to reopen during the time the
alien remains in the United States and for a period of 10 years after
the alien's departure.
`(2) EXCEPTION- Paragraph (1) does not preclude a
motion to reopen to seek withholding of removal under section 241(b)(3)
or protection against torture.'.
(c) Deterring Aliens From Unlawfully Returning to the
United States After Departing Voluntarily- Section 275(a) of such Act
(8 U.S.C. 1325(a)) is amended by inserting `or following an order of
voluntary departure' after `a subsequent commission of any such
offense'.
(1) IN GENERAL- The amendments made by subsections (a)
and (b) shall take effect on the date of the enactment of this Act with
respect to aliens who are subject to a final order of removal, whether
the removal order was entered before, on, or after such date.
(2) VOLUNTARY DEPARTURE- The amendment made by
subsection (c) shall take effect on the date of the enactment of this
Act and shall apply with respect to conduct occurring on or after such
date.
SEC. 209. ESTABLISHMENT OF THE FORENSIC DOCUMENTS LABORATORY.
(a) In General- The Secretary of Homeland Security shall
establish a Fraudulent Documents Center (to be known as the Forensic
Document Laboratory) to carry out the following:
(1) Collect information from Federal, State, and local
law enforcement agencies, and foreign governments on the production,
sale, distribution, and use of fraudulent documents intended to be used
to enter, travel, or remain within the United States unlawfully.
(2) Maintain the information described in paragraph (1) in a comprehensive database.
(3) Maintain a repository of genuine and fraudulent travel and identity document exemplars.
(4) Convert the information collected into reports that
provide guidance to government officials in identifying fraudulent
documents being used to enter into, travel within, or remain in the
United States.
(5) Develop a system for distributing these reports on
an ongoing basis to appropriate Federal, State, and local law
enforcement agencies.
(b) Distribution of Information- The Forensic Document
Laboratory shall distribute its reports to appropriate Federal, State,
and local law enforcement agencies on an ongoing basis.
SEC. 210. SECTION 1546 AMENDMENTS.
(a) Section 1546(a) of title 18, United States Code, is
amended in the first paragraph by inserting `distributes (or intends to
distribute),' before `or falsely' the first place it appears.
(b) Section 1546(a) of title 18, United States Code, is
amended in the first paragraph by inserting `distributed,' before `or
falsely' the second place it appears.
SEC. 211. MOTIONS TO REOPEN OR RECONSIDER.
(a) Exercise of Discretion- Section 240(c) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)) is amended--
(1) by adding at the end of paragraph (5) the following new subparagraph:
`(D) DISCRETION- The decision to grant or deny a motion to reconsider is committed to the Attorney General's discretion.'; and
(2) by adding at the end of paragraph (6) the following new subparagraph:
`(D) DISCRETION- The decision to grant or deny a motion to reopen is committed to the Attorney General's discretion.'.
(b) Prima Facie Eligibility for Protection From Removal to
Alternative Country of Removal Not Previously Considered- Section
240(c) of the Immigration and Nationality Act (8 U.S.C. 1229a) is
further amended by adding at the end of paragraph (6) the following new
subparagraph:
`(E) SPECIAL RULE FOR ALTERNATIVE COUNTRIES OF
REMOVAL- The time and numerical limitations specified in this paragraph
shall not apply if--
`(i) the Secretary seeks to remove the alien to
an alternative or additional country of removal under subparagraph (D)
or (E) of section 241(b)(2) that had not been considered during the
alien's prior removal proceedings;
`(ii) the alien's motion to reopen is filed
within 30 days after the date the alien receives notice of the
Secretary's intention to remove the alien to that country; and
`(iii) the alien establishes a prima facie case
that the alien is entitled by law to withholding of removal under
section 241(b)(3) or protection under the Convention Against Torture
with respect to that particular country.'.
(c) Effective Date- This section, and the amendments made
by this section, shall apply to motions to reopen and reconsider that
are filed on or after the date of the enactment of this Act in removal,
deportation, or exclusion proceedings, regardless of whether a final
administrative order is entered before, on, or after such date.
SEC. 212. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
Chapter 75 of title 18, United States Code is amended to read as follows:
`CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD
`1541. Trafficking in passports.
`1542. False statement in an application for a passport.
`1543. Forgery and unlawful production of a passport.
`1544. Misuse of a passport.
`1545. Schemes to defraud aliens.
`1546. Immigration and visa fraud.
`1547. Attempts and conspiracies.
`1548. Increased penalties for certain offenses.
`1549. Seizure and forfeiture.
`1550. Additional jurisdiction.
`1553. Authorized law enforcement activities.
`Sec. 1541. Trafficking in passports
`(a) Whoever, during any three-year period--
`(1) knowingly and without lawful authority produces, issues, or transfers 10 or more passports; or
`(2) knowingly forges, counterfeits, alters, or falsely makes 10 or more passports; or
`(3) knowingly secures, possesses, uses, receives,
buys, or sells 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen, procured by
fraud, issued, or designed for the use of another, or produced or
issued without lawful authority; or
`(4) knowingly completes, mails, prepares, presents,
signs, or submits 10 or more applications for a United States passport
(including any supporting documentation) knowing the applications to
contain any false statement or representation;
shall be fined under this title, imprisoned not less than 3 years nor more than 20 years, or both.
`(b) Whoever knowingly and without lawful authority
produces, counterfeits, secures, possesses, or uses any official paper,
seal, hologram, image, text, symbol, stamp, engraving, plate, or other
material used to make a passport shall be fined under this title,
imprisoned not less than 3 years nor more than 20 years, or both.
`Sec. 1542. False statement in an application for a passport
`(1) makes any false statement or representation in an
application for a United States passport (including any supporting
documentation); or
`(2) completes, mails, prepares, presents, signs, or
submits an application for a United States passport (including any
supporting documentation) knowing it to contain any false statement or
representation; or
`(3) causes or attempts to cause the production of a
passport by means of any fraud or false application for a United States
passport (including any supporting documentation), when such production
occurs or would occur at a facility authorized by the Secretary of
State for the production of passports;
shall be fined under this title, imprisoned not more than 15 years, or both.
`Sec. 1543. Forgery and unlawful production of a passport
`(1) knowingly forges, counterfeits, alters, or falsely makes any passport; or
`(2) knowingly transfers any passport knowing it to be
forged, counterfeited, altered, falsely made, stolen, or to have been
produced or issued without lawful authority;
shall be fined under this title, imprisoned not more than 15 years, or both.
`(b) Whoever knowingly and without lawful authority--
`(1) produces, issues, authorizes, or verifies a
passport in violation of the laws, regulations, or rules governing the
issuance of the passport; or
`(2) produces, issues, authorizes, or verifies a United
States passport for or to any person not owing allegiance to the United
States; or
`(3) transfers or furnishes a passport to a person for
use when such person is not the person for whom the passport was issued
or designed;
shall be fined under this title, imprisoned not more than 15 years, or both.
`Sec. 1544. Misuse of a passport
`(1) knowingly uses any passport issued or designed for the use of another; or
`(2) knowingly uses any passport in violation of the
conditions or restrictions therein contained, or in violation of the
laws, regulations, or rules governing the issuance and use of the
passport; or
`(3) knowingly secures, possesses, uses, receives,
buys, or sells any passport knowing it to be forged, counterfeited,
altered, falsely made, procured by fraud, or produced or issued without
lawful authority; or
`(4) knowingly violates the terms and conditions of any
safe conduct duly obtained and issued under the authority of the United
States;
shall be fined under this title, imprisoned not more than 15 years, or both.
`(b) Whoever knowingly uses any passport--
`(1) to enter or to attempt to enter the United States, or
`(2) to defraud an agency of the United States, a State, or a political subdivision of a State,
knowing the passport to be forged, counterfeited, altered,
falsely made, procured by fraud, produced or issued without lawful
authority, or issued or designed for the use of another, shall be fined
under this title, imprisoned not less than 6 months nor more than 15
years, or both.
`Sec. 1545. Schemes to defraud aliens
`(a) Whoever knowingly defrauds any person in connection with--
`(1) any matter that is authorized by or arises under the immigration laws of the United States, or
`(2) any matter the offender claims or represents is authorized by or arises under the immigration laws of the United States,
shall be fined under this title, imprisoned not more than 15 years, or both.
`(b) Whoever knowingly and falsely represents himself to be
an attorney in any matter authorized by or arising under the
immigration laws of the United States shall be fined under this title,
imprisoned not more than 15 years, or both.
`Sec. 1546. Immigration and visa fraud
`(1) knowingly uses any immigration document issued or designed for the use of another; or
`(2) knowingly forges, counterfeits, alters, or falsely makes any immigration document; or
`(3) knowingly completes, mails, prepares, presents,
signs, or submits any immigration document knowing it to contain any
materially false statement or representation; or
`(4) knowingly secures, possesses, uses, transfers,
receives, buys, or sells any immigration document knowing it to be
forged, counterfeited, altered, falsely made, stolen, procured by
fraud, issued or designed for another, or produced or issued without
lawful authority; or
`(5) knowingly adopts or uses a false or fictitious name to evade or to attempt to evade the immigration laws; or
`(6) knowingly and without lawful authority transfers
or furnishes an immigration document to a person for use when such
person is not the person for whom the immigration document was issued
or designed;
shall be fined under this title, imprisoned not more than 15 years, or both.
`(b) Whoever, during any three-year period--
`(1) knowingly and without lawful authority produces, issues, or transfers 10 or more immigration documents; or
`(2) knowingly forges, counterfeits, alters, or falsely makes 10 or more immigration documents; or
`(3) knowingly secures, possesses, uses, buys, or sells
10 or more immigration documents, knowing the immigration documents to
be forged, counterfeited, altered, stolen, falsely made, procured by
fraud, or issued or designed for the use of another, or produced or
issued without lawful authority; or
`(4) knowingly completes, mails, prepares, presents,
signs, or submits 10 or more immigration documents knowing the
documents to contain any materially false statement or representation;
shall be fined under this title, imprisoned not less than 2 years nor more than 20 years, or both.
`(c) Whoever knowingly and without lawful authority
produces, counterfeits, secures, possesses, or uses any official paper,
seal, hologram, image, text, symbol, stamp, engraving, plate, or other
material used to make an immigration document shall be fined under this
title, imprisoned not less than 2 years nor more than 20 years, or both.
`Sec. 1547. Attempts and conspiracies
`Whoever attempts or conspires to violate any section
within this chapter shall be punished in the same manner as a completed
violation of that section. An attempt offense under this chapter is a
general intent crime.
`Sec. 1548. Increased penalties for certain offenses
`(a) Whoever violates any of the sections within this
chapter with the intent to facilitate an act of international terrorism
(as defined in section 2331 of this title) shall be fined under this
title, imprisoned not less than 7 years nor more than 25 years, or both.
`(b) Whoever violates any section in this chapter with the
intent to facilitate the commission of any offense against the United
States (other than an offense in this chapter) or against any State,
which offense is punishable by imprisonment for more than 1 year, shall
be fined under this title, imprisoned not less than 3 years nor more
than 20 years, or both.
`Sec. 1549. Seizure and forfeiture
`(a) Any property, real or personal, that has been used to
commit or facilitate the commission of a violation of any section
within this chapter, the gross proceeds of such violation, and any
property traceable to such property or proceeds, shall be subject to
forfeiture.
`(b) Seizures and forfeitures under this section shall be
governed by the provisions of chapter 46 of this title, relating to
civil forfeitures, including section 981(d) of such title, except that
such duties as are imposed upon the Secretary of the Treasury under the
customs laws described in that section shall be performed by such
officers, agents, and other persons as may be designated for that
purpose by the Secretary of Homeland Security, the Secretary of State,
or the Attorney General.
`Sec. 1550. Additional jurisdiction
`(a) Whoever commits an offense under this chapter within
the special maritime and territorial jurisdiction of the United States
shall be punished as provided by that offense.
`(b) Whoever commits an offense under this chapter outside
the United States shall be punished as provided by that offense if--
`(1) the offense involves a United States immigration
document (or any document purporting to be the same) or any matter,
right, or benefit arising under or authorized by the immigration laws
of the United States or the regulations prescribed thereunder; or
`(2) the offense is in or affects foreign commerce; or
`(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of the immigration laws
of the United States, or the national security of the United States; or
`(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331 of this title) or a
drug trafficking crime (as defined in section 929(a) of this title)
that affects or would affect the national security of the United
States; or
`(5) an offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1001(a)(22)) or an alien lawfully admitted for permanent
residence in the United States (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1001(a)(20)); or
`(6) an offender is a stateless person whose habitual residence is in the United States.
`Sec. 1551. Additional venue
`An offense under section 1542 of this chapter may be prosecuted in--
`(1) any district in which the false statement or representation was made; or
`(2) any district in which the passport application was prepared, submitted, mailed, received, processed, or adjudicated; or
`(3) in the case of an application prepared and
adjudicated outside the United States, in the district in which the
resultant passport was produced.
Nothing in this section limits the venue otherwise available under sections 3237 and 3238 of this title.
`Sec. 1552. Definitions
`For purposes of this chapter:
`(1) The term `falsely make' means to prepare or
complete an immigration document with knowledge or in reckless
disregard of the fact that the document--
`(A) contains a statement or representation that is false, fictitious, or fraudulent;
`(B) has no basis in fact or law; or
`(C) otherwise fails to state a fact that is
material to the purpose for which the document was created, designed,
or submitted.
`(2) The term a `false statement or representation' includes a personation or an omission.
`(3) The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under the laws
of the United States, any State, or a foreign government.
`(4) The term `immigration document' means--
`(A) any passport or visa; or
`(B) any application, petition, affidavit,
declaration, attestation, form, identification card, alien registration
document, employment authorization document, border crossing card,
certificate, permit, order, license, stamp, authorization, grant of
authority, or other evidentiary document, arising under or authorized
by the immigration laws of the United States.
Such term includes any document, photograph, or other
piece of evidence attached to or submitted in support of an immigration
document.
`(5) The term `immigration laws' includes--
`(A) the laws described in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17));
`(B) the laws relating to the issuance and use of passports; and
`(C) the regulations prescribed under the authority of any law described in paragraphs (1) and (2) of this subsection.
`(6) A person does not exercise `lawful authority' if
the person abuses or improperly exercises lawful authority the person
otherwise holds.
`(7) The term `passport' means a travel document
attesting to the identity and nationality of the bearer that is issued
under the authority of the Secretary of State, a foreign government, or
an international organization; or any instrument purporting to be the
same.
`(8) The term `produce' means to make, prepare, assemble, issue, print, authenticate, or alter.
`(9) The term `State' means a State of the United
States, the District of Columbia, and any commonwealth, territory, or
possession of the United States.
`Sec. 1553. Authorized law enforcement activities
`The sections in this chapter do not prohibit any lawfully
authorized investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a subdivision of a
State, or of an intelligence agency of the United States, or any
activity authorized under title V of the Organized Crime Control Act of
1970 (18 U.S.C. note prec. 3481).'.
SEC. 213. CRIMINAL DETENTION OF ALIENS.
(a) Section 3142(e) of title 18, United States Code, is amended by inserting at the end the following:
`Subject to rebuttal by the person, it shall be presumed
that no condition or combination of conditions will reasonably assure
the appearance of the person as required if the judicial officer finds
that there is probable cause to believe that the person is an alien and
that the person--
`(1) has no lawful immigration status in the United States;
`(2) is the subject of a final order of removal; or
`(3) has committed a felony offense under section 911,
922(g)(5), 1015, 1028, 1425, or 1426 of this title, or any section of
chapters 75 and 77 of this title, or section 243, 274, 275, 276, 277,
or 278, of the Immigration and Nationality Act.'.
(b) Section 3142(g)(3) of title 18, United States Code, is
amended by striking `and' at the end of subparagraph (A) and by adding
at the end the following new subparagraph:
`(C) the person's immigration status; and'.
SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES.
Section 3291 of title 18, United States Code, is amended to read as follows:
`SEC. 3291. IMMIGRATION, NATURALIZATION, AND PEONAGE OFFENSES.
`No person shall be prosecuted, tried, or punished for a
violation of any section of chapters 69 (relating to nationality and
citizenship offenses), 75 (relating to passport, visa, and immigration
offenses), or 77 (relating to peonage, slavery, and trafficking in
persons) of this title (or for attempt or conspiracy to violate any
such section), or for a violation of any criminal provision of sections
243, 266, 274, 275, 276, 277, or 278 of the Immigration and Nationality
Act (or for attempt or conspiracy to violate any such section), unless
the indictment is returned or the information filed within ten years
after the commission of the offense.'.
SEC. 215. CONFORMING AMENDMENT.
Subparagraph (P) of section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--
(1) by striking `(i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a passport or
instrument in violation of section 1543 of title 18 or is described in
section 1546(a) of such title (relating to document fraud) and (ii)'
and inserting `which is described in any section of chapter 75 of title
18, United States Code,'; and
(2) by inserting after `first offense' the following:
`(i) that is not described in section 1548 (relating to increased
penalties), and (ii)'.
SEC. 216. INADMISSIBILITY FOR PASSPORT AND IMMIGRATION FRAUD.
(a) In General- Section 212(a)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(A)(i)) is amended--
(1) by striking `or' at the end of subclause (I);
(2) by inserting `or' at the end of subclause (II); and
(3) by inserting the following new subparagraph:
`(III) a violation of (or a conspiracy or attempt to violate) any section of chapter 75 of title 18, United States Code,'.
(b) Effective Date- The amendments made by subsection (a)
shall apply to proceedings pending on or after the date of the
enactment of this Act.
SEC. 217. REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD.
(a) In General- Clause (iii) of section 237(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C.1227(a)(3)(B)) is amended to
read as follows `(iii) of a violation of, or an attempt or a conspiracy
to violate, any section of chapter 75 of title 18, United States Code,'.
(b) Effective Date- This amendment made by subsection (a)
shall apply to proceedings pending on or after the date of the
enactment of this Act.
SEC. 218. REDUCTION IN IMMIGRATION BACKLOG.
(a) In General- The Secretary of Homeland Security shall
require that, not later than six months after the date of the enactment
of this Act, the Director of United States Citizenship and Immigration
Services (in this section referred to as `USCIS') undertake maximum
efforts to reduce to the greatest extent practicable the backlog in the
processing and adjudicative functions of USCIS.
(b) Pilot Program Initiatives-
(1) IN GENERAL- The Director is authorized to implement
a pilot program for the purposes of, to the greatest extent
practicable--
(A) reducing the backlog in the processing of immigration benefit applications; and
(B) preventing such backlog from recurring.
(2) INITIATIVES- To carry out paragraph (1),
initiatives may include measures such as increasing personnel,
transferring personnel to focus on areas with the largest potential for
backlog, streamlining paperwork processes, and increasing information
technology and service centers.
SEC. 219. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES.
(a) In General- 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 purposes of
assisting in the enforcement of the immigration laws of the United
States in the course of carrying out routine duties. This State
authority has never been displaced or preempted by Congress.
(b) Construction- Nothing in this section may be construed
to require law enforcement personnel of a State or political
subdivision of a State to--
(1) report the identity of a victim of, or a witness
to, a criminal offense to the Secretary of Homeland Security for
immigration enforcement purposes; or
(2) arrest such victim or witness for a violation of the immigration laws of the United States.
SEC. 220. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Establishment of Training Manual and Pocket Guide- Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall establish--
(1) 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
(2) 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.
(b) Availability- The training manual and pocket guide
established in accordance with subsection (a) shall be made available
to all State and local law enforcement personnel.
(c) Applicability- Nothing in this section shall be
construed to require State or local law enforcement personnel to carry
the training manual or pocket guide established under subsection (a)(2)
with them while on duty.
(d) Costs- The Secretary of Homeland Security shall be
responsible for any and all costs incurred in establishing the training
manual and pocket guide under subsection (a).
(e) 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, onsite 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. E-learning through
a secure, encrypted distributed learning system that has all its
servers based in the United States, is sealable, survivable, and can
have a portal in place within 30 days, shall be made available by the
Federal Law Enforcement Training Center Distributed Learning Program
for State and local law enforcement personnel.
(2) FEDERAL PERSONNEL TRAINING- The training of State
and local law enforcement personnel under this section shall not
displace the training of Federal personnel.
(3) 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 to assist in the enforcement of Federal immigration
laws in the normal course of carrying out their normal law enforcement
duties.
(f) Training Limitation- Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland Security' each place it appears; and
(2) in paragraph (2), by adding at the end the
following: `Such training shall not exceed 14 days or 80 hours,
whichever is longer.'.
SEC. 221. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) Grants for Special Equipment for Housing and Processing
Illegal Aliens- From amounts made available to make grants under this
section, the Secretary of Homeland Security shall make grants to States
and political subdivisions of States for procurement of equipment,
technology, facilities, and other products that facilitate and are
directly related to investigating, apprehending, arresting, detaining,
or transporting immigration law violators, including additional
administrative costs incurred under this Act.
(b) Eligibility- To be eligible to receive a grant under
this section, a State or political subdivision of a State must have the
authority to, and have in effect the policy and practice to, assist in
the enforcement of the immigration laws of the United States in the
course of carrying out such agency's routine law enforcement duties.
(c) Funding- There is authorized to be appropriated for grants under this section $300,000,000 for each fiscal year.
(d) GAO Audit- Not later than 3 years after the date of the
enactment of this Act, the Comptroller General of the United States
shall conduct an audit of funds distributed to States and political
subdivisions of States under subsection (a).
SEC. 222. INSTITUTIONAL REMOVAL PROGRAM (IRP).
(a) Continuation and Expansion-
(1) IN GENERAL- The Department of Homeland Security
shall continue to operate and implement the program known as the
Institutional Removal Program (IRP) which--
(A) identifies removable criminal aliens in Federal and State correctional facilities;
(B) ensures such aliens are not released into the community; and
(C) removes such aliens from the United States after the completion of their sentences.
(2) EXPANSION- The institutional removal program shall
be extended to all States. Any State that receives Federal funds for
the incarceration of criminal aliens shall--
(A) cooperate with officials of the institutional removal program;
(B) expeditiously and systematically identify criminal aliens in its prison and jail populations; and
(C) promptly convey such information to officials of such program as a condition for receiving such funds.
(b) Authorization for Detention After Completion of State
or Local Prison Sentence- Law enforcement officers of a State or
political subdivision of a State have the authority 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 United States Immigration and Customs Enforcement can
take the alien into custody.
(c) Technology Usage- Technology such as video conferencing
shall be used to the maximum extent possible in order to make the
Institutional Removal Program (IRP) available in remote locations.
Mobile access to Federal databases of aliens, such as IDENT, 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.
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out the institutional removal program--
(1) $100,000,000 for fiscal year 2009;
(2) $115,000,000 for fiscal year 2010;
(3) $130,000,000 for fiscal year 2011;
(4) $145,000,000 for fiscal year 2012; and
(5) $160,000,000 for fiscal year 2013.
SEC. 223. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
Section 241(i)(5) of the Immigration and Nationality Act (8
U.S.C. 1231(i)) is amended by inserting before the period at the end
the following: `and $1,000,000,000 for each subsequent fiscal year'.
SEC. 224. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF IMMIGRATION LAWS ENCOURAGED.
(a) In General- Effective 2 years after the date of the
enactment of this Act, a State (or political subdivision of a State)
that has in effect a statute, policy, or practice that prohibits law
enforcement officers of the State, or of a political subdivision within
the State, from assisting or cooperating with Federal immigration law
enforcement in the course of carrying out the officers' routine law
enforcement duties shall not receive any of the funds that would
otherwise be allocated to the State under section 241(i) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)).
(b) Construction- Nothing in this section shall require law
enforcement officials from States or political subdivisions of States
to report or arrest victims or witnesses of a criminal offense.
(c) Reallocation of Funds- Any funds that are not allocated
to a State or political subdivision of a State due to the failure of
the State to comply with subsection (a) shall be reallocated to States
that comply with such subsection.
TITLE III--BORDER SECURITY COOPERATION AND ENFORCEMENT
SEC. 301. JOINT STRATEGIC PLAN FOR UNITED STATES BORDER SURVEILLANCE AND SUPPORT.
(a) In General- The Secretary of Homeland Security and the
Secretary of Defense shall develop a joint strategic 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 the surveillance activities of the Department of Homeland Security
conducted at or near the international land and maritime borders of the
United States.
(b) Report- Not later than six months after the date of the
enactment of this Act, the Secretary of Homeland Security and the
Secretary of Defense shall submit to appropriate congressional
committees (as defined in section 102(g)) a report containing--
(1) a description of the use of Department of Defense
equipment to assist with the surveillance by the Department of Homeland
Security of the international land and maritime borders of the United
States;
(2) the joint strategic plan developed pursuant to subsection (a);
(3) a description of the types of equipment and other
support to be provided by the Department of Defense under the joint
strategic plan during the one-year period beginning after submission of
the report under this subsection; and
(4) a description of how the Department of Homeland
Security and the Department of Defense are working with the Department
of Transportation on safety and airspace control issues associated with
the use of unmanned aerial vehicles in the National Airspace System.
(c) Rules of Construction- (1) Nothing in this section
shall 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.
(2) Nothing in this section shall be construed to alter,
impact, diminish, or in any way undermine the authority of the
Administrator of the Federal Aviation Administration to oversee,
regulate, and control the safe and efficient use of the airspace of the
United States.
SEC. 302. BORDER SECURITY ON PROTECTED LAND.
(a) In General- The Secretary of Homeland Security, in
consultation with the Secretary of the Interior, shall evaluate border
security vulnerabilities on land directly adjacent to the international
land border of the United States under the jurisdiction of the
Department of the Interior related to the prevention of the entry of
terrorists, other unlawful aliens, narcotics, and other contraband into
the United States.
(b) Support for Border Security Needs- Based on the
evaluation conducted pursuant to subsection (a), the Secretary of
Homeland Security shall provide appropriate border security assistance
on land directly adjacent to the international land border of the
United States under the jurisdiction of the Department of the Interior,
its bureaus, and tribal entities.
SEC. 303. BORDER SECURITY THREAT ASSESSMENT AND INFORMATION SHARING TEST AND EVALUATION EXERCISE.
Not later than one year after the date of the enactment of
this Act, the Secretary of Homeland Security shall design and carry out
a national border security exercise for the purposes of--
(1) involving officials from Federal, State,
territorial, local, tribal, and international governments and
representatives from the private sector;
(2) testing and evaluating the capacity of the United
States to anticipate, detect, and disrupt threats to the integrity of
United States borders; and
(3) testing and evaluating the information sharing
capability among Federal, State, territorial, local, tribal, and
international governments.
SEC. 304. BORDER SECURITY ADVISORY COMMITTEE.
(a) Establishment of Committee- Not later than one year
after the date of the enactment of this Act, the Secretary of Homeland
Security shall establish an advisory committee to be known as the
Border Security Advisory Committee (in this section referred to as the
`Committee').
(b) Duties- The Committee shall advise the Secretary on
issues relating to border security and enforcement along the
international land and maritime border of the United States.
(c) Membership- The Secretary shall appoint members to the Committee from the following:
(1) State and local government representatives from
States located along the international land and maritime borders of the
United States.
(2) Community representatives from such States.
(3) Tribal authorities in such States.
SEC. 305. PERMITTED USE OF HOMELAND SECURITY GRANT FUNDS FOR BORDER SECURITY ACTIVITIES.
(a) Reimbursement- The Secretary of Homeland Security may
allow the recipient of amounts under a covered grant to use those
amounts to reimburse itself for costs it incurs in carrying out any
terrorism prevention or deterrence activity that--
(1) relates to the enforcement of Federal laws aimed at
preventing the unlawful entry of persons or things into the United
States, including activities such as detecting