HR 6789
110th CONGRESS
2d Session
H. R. 6789
To remove the incentives and loopholes that encourage illegal aliens
to come to the United States to live and work, provide additional resources
to local law enforcement and Federal border and immigration officers, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
August 1, 2008
Mr. GARY G. MILLER of California (for himself, Mr. ROHRABACHER, Mr. GALLEGLY,
Mr. DAVID DAVIS of Tennessee, Mr. CAMPBELL of California, Mr. DREIER, Mr.
BOOZMAN, and Mr. DEAL of Georgia) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the Committees
on Oversight and Government Reform, Education and Labor, House Administration,
Financial Services, Homeland Security, and Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To remove the incentives and loopholes that encourage illegal aliens
to come to the United States to live and work, provide additional resources
to local law enforcement and Federal border and immigration officers, 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.
This Act may be cited as the `Loophole Elimination and Verification Enforcement
Act' or the `LEAVE Act'.
SEC. 2. PURPOSE.
The purpose of this Act is to prohibit all activities that assist, encourage,
direct, or induce an alien to reside in or remain in the United States or
to attempt to reside in the United States, knowing or in reckless disregard
of the fact that the alien is not authorized to be present in the United States.
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 3. Table of contents.
TITLE I--ALIEN SMUGGLING AND RELATED OFFENSES
Sec. 101. Alien smuggling and related offenses.
TITLE II--IDENTITY SECURITY
Subtitle A--Photo Identification
Sec. 201. Forms of acceptable identification for Federal Government purposes.
Sec. 202. Forms of acceptable identification for financial institutions.
Subtitle B--No Driver's Licenses for Illegals
Sec. 211. Prohibition on issuing driver's licenses to illegal aliens.
Subtitle C--Stopping Social Security Number Abuse
Sec. 221. Effect of final regulation on `no-match' letters.
Subtitle D--Birth/Death Registry
Sec. 231. Establishment of electronic birth and death registration systems.
Subtitle E--Reform of Passport Fraud Offenses
Sec. 241. Trafficking in passports.
Sec. 242. False statement in an application for a passport.
Sec. 243. Forgery and unlawful production of a passport.
Sec. 244. Misuse of a passport.
Sec. 245. Schemes to defraud aliens.
Sec. 246. Immigration and visa fraud.
Sec. 247. Alternative imprisonment maximum for certain offenses.
Sec. 248. Attempts, conspiracies, jurisdiction, and definitions.
Sec. 249. Clerical amendment.
TITLE III--BIRTHRIGHT CITIZENSHIP
Sec. 301. Citizenship at birth for certain persons born in the United States.
TITLE IV--HOUSING AND HOMEOWNERSHIP
Sec. 401. Mortgages prohibited for principal residences of individuals who
lack valid personal identification.
Sec. 402. Prohibition on public housing and section 8 rental assistance
for illegal aliens.
Sec. 403. Prohibition on renting of dwelling units to illegal aliens.
Sec. 404. Prohibition on Federal and government-sponsored enterprise support
for mortgages for illegal aliens.
TITLE V--TAXES AND SOCIAL SECURITY
Sec. 501. No totalization agreements that will benefit illegals.
Sec. 502. No Social Security credit for work performed while unlawfully
present.
Sec. 503. Limited eligibility for credits.
Sec. 504. Reducing individual taxpayer identification number abuse.
TITLE VI--EMPLOYEE VERIFICATION
Subtitle A--General Provisions
Sec. 601. Mandatory employment authorization verification.
Sec. 602. Mandatory notification of SSN mismatches and multiple uses and
determinations of ineligibility for employment.
Sec. 603. Penalty for failure to file correct information returns.
Sec. 604. Authorization of appropriations.
Subtitle B--Self-Employed Subcontractors Loophole
Sec. 611. Requiring self-employed subcontractors to participate in employment
eligibility verification pilot program.
Subtitle C--No Illegals Working in the Capitol
Sec. 621. Requiring legislative branch contractors to participate in employment
eligibility verification pilot program.
Sec. 622. Capitol complex defined.
Sec. 623. Effective date; transition for current contracts.
Subtitle D--Coordination Between SSA and IRS
Sec. 631. Availabilty of information.
TITLE VII--PROHIBITING ILLEGALS FROM OBTAINING FINANCIAL SERVICES
Sec. 701. Foreign-issued forms of identification prohibited as proof of
identity to open accounts at financial institutions.
Sec. 702. `Know your customer' regulations applied to certain transmitting
businesses.
Sec. 703. Requirements relating to the United States Postal Service.
Sec. 704. Applicability of identification rules to certain transactions
involving the Federal Reserve Board, including the Directo a Mexico program.
TITLE VIII--BORDER AND LAW ENFORCEMENT
Sec. 801. Construction of border fencing and security improvements.
Sec. 802. Increase in full-time Border Patrol agents.
Sec. 803. Increase in number of ICE agents.
TITLE IX--STATE AND LOCAL GOVERNMENT AUTHORITY
Subtitle A--General Provisions--State and Local Government Authority
Sec. 901. State defined; severability.
Sec. 902. Federal affirmation of assistance in the immigration law enforcement
by States and political subdivisions of States.
Sec. 903. State authorization for assistance in the enforcement of immigration
laws encouraged.
Sec. 904. Listing of immigration violators in the National Crime Information
Center database.
Sec. 905. State and local law enforcement provision of information about
apprehended aliens.
Sec. 906. Financial assistance to State and local police agencies that assist
in the enforcement of immigration laws.
Sec. 907. Increased Federal detention space.
Sec. 908. Federal custody of aliens unlawfully present in the United States
apprehended by State or local law enforcement.
Sec. 909. Training of State and local law enforcement personnel relating
to the enforcement of immigration laws.
Sec. 911. Institutional removal program (IRP).
Subtitle B--Eliminating Sanctuary Cities
Sec. 921. Eliminating sanctuary cities.
Subtitle C--Criminal Aliens--Eliminating Sanctuary Cities
Sec. 931. State criminal alien assistance program (SCAAP).
Sec. 932. Authorization of appropriations.
Sec. 933. Assistance for States incarcerating undocumented aliens charged
with certain crimes.
TITLE X--NO IN-STATE TUITION FOR ILLEGALS
Sec. 1001. Ensuring enforceability.
TITLE I--ALIEN SMUGGLING AND RELATED OFFENSES
SEC. 101. ALIEN SMUGGLING AND RELATED OFFENSES.
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) assists, encourages, directs, or induces a person to reside in or
remain in the United States, or to attempt to reside in or remain in the
United States, knowing or in reckless disregard of the fact that such
person is an alien who lacks lawful authority to reside in or remain in
the United States;
`(D) 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;
`(E) harbors, conceals, or shields from detection 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 be in the United States;
`(F) 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
`(G) 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) 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.
`(c) 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.
`(d) 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.
`(e) 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.'.
TITLE II--IDENTITY SECURITY
Subtitle A--Photo Identification
SEC. 201. FORMS OF ACCEPTABLE IDENTIFICATION FOR FEDERAL GOVERNMENT PURPOSES.
(a) Forms of Acceptable Identification- A Federal agency may not accept, for
any official purpose, including for Federal benefits and for individual taxpayer
identification numbers, any form of identification of an individual other
than the following:
(1) SOCIAL SECURITY CARD WITH PHOTO IDENTIFICATION CARD OR REAL ID ACT IDENTIFICATION-
(A) A Social Security card accompanied by a photo identification card
issued by the Federal Government or a State Government; or
(B) a driver's license or identification card issued by a State in the
case of a State that is in compliance with title II of the REAL ID Act
of 2005 (title II of division B of Public Law 109-13; 49 U.S.C. 30301
note).
(2) PASSPORT- A passport issued by the United States or a foreign government.
(3) USCIS PHOTO IDENTIFICATION CARD- A photo identification card issued
by the Secretary of Homeland Security (acting through the Director of the
United States Citizenship and Immigration Services).
(b) Effective Date- The requirements of subsection (a) shall take effect six
months after the date of the enactment of this Act.
SEC. 202. FORMS OF ACCEPTABLE IDENTIFICATION FOR FINANCIAL INSTITUTIONS.
(a) In General- Section 5318(l) of title 31, United States Code (relating
to identification and verification of accountholders) is amended by striking
paragraph (6) and inserting the following new paragraph:
`(6) FORMS OF ACCEPTABLE IDENTIFICATION- A financial institution may not
accept, for the purpose of verifying the identity of an individual seeking
to open an account in accordance with this subsection, any form of identification
of the individual other than the following:
`(A) SOCIAL SECURITY CARD WITH PHOTO IDENTIFICATION CARD OR REAL ID ACT
IDENTIFICATION-
`(i) A Social Security card accompanied by a photo identification card
issued by the Federal Government or a State Government; or
`(ii) a driver's license or identification card issued by a State in
the case of a State that is in compliance with title II of the REAL
ID Act of 2005 (title II of division B of Public Law 109-13; 49 U.S.C.
30301 note).
`(B) PASSPORT- A passport issued by the United States or a foreign government.
`(C) USCIS PHOTO IDENTIFICATION CARD- A photo identification card issued
by the Secretary of Homeland Security (acting through the Director of
the U.S. Citizenship and Immigration Services).'.
(b) Effective Date- The amendments made by subsection (a) shall take effect
six months after the date of the enactment of this Act.
Subtitle B--No Driver's Licenses for Illegals
SEC. 211. PROHIBITION ON ISSUING DRIVER'S LICENSES TO ILLEGAL ALIENS.
Section 202 of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended--
(1) in subsection (d), by striking paragraph (11) and redesignating paragraphs
(12) and (13) as paragraphs (11) and (12), respectively; and
(2) by adding at the end the following:
`(e) Prohibition- A State is prohibited from issuing any driver's license
or identification card to any individual unless the State satisfies the requirements
of subsection (c)(2)(B).'.
Subtitle C--Stopping Social Security Number Abuse
SEC. 221. EFFECT OF FINAL REGULATION ON `NO-MATCH' LETTERS.
The Congress approves the final rule promulgated by the Department of Homeland
Security entitled `Safe-Harbor Procedures for Employers Who Receive a No-Match
Letter' (August 15, 2007; 72 Fed. Reg. 45611), and such rule shall have the
force and effect of enacted law until changed by such law.
Subtitle D--Birth/Death Registry
SEC. 231. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION SYSTEMS.
(a) In consultation with the Secretary of Health and Human Services and the
Commissioner of Social Security, the Secretary shall take the following actions:
(1) Work with the States to establish a common data set and common data
exchange protocol for electronic birth registration systems and death registration
systems.
(2) Coordinate requirements for such systems to align with a national model.
(3) Ensure that fraud prevention is built into the design of electronic
vital registration systems in the collection of vital event data, the issuance
of birth certificates, and the exchange of data among government agencies.
(4) Ensure that electronic systems for issuing birth certificates, in the
form of printed abstracts of birth records or digitized images, employ a
common format of the certified copy, so that those requiring such documents
can quickly confirm their validity.
(5) Establish uniform field requirements for State birth registries.
(6) Not later than 1 year after the date of the enactment of this Act, establish
a process with the Department of Defense that will result in the sharing
of data, with the States and the Social Security Administration, regarding
deaths of United States military personnel and the birth and death of their
dependents.
(7) Not later than 1 year after the date of the enactment of this Act, establish
a process with the Department of State to improve registration, notification,
and the sharing of data with the States and the Social Security Administration,
regarding births and deaths of United States citizens abroad.
(8) Not later than 3 years after the date of establishment of databases
provided for under this section, require States to record and retain electronic
records of pertinent identification information collected from requestors
who are not the registrants.
(9) Not later than 6 months after the date of the enactment of this Act,
submit to Congress a report on whether there is a need for Federal laws
to address penalties for fraud and misuse of vital records and whether violations
are sufficiently enforced.
Subtitle E--Reform of Passport Fraud Offenses
SEC. 241. TRAFFICKING IN PASSPORTS.
Section 1541 of title 18, United States Code, is amended to read as follows:
`Sec. 1541. Trafficking in passports
`(a) Multiple Passports- Any person who, during any period of 3 years or less,
knowingly--
`(1) and without lawful authority produces, issues, or transfers 10 or more
passports;
`(2) forges, counterfeits, alters, or falsely makes 10 or more passports;
`(3) secures, possesses, uses, receives, buys, sells, or distributes 10
or more passports, knowing the passports to be forged, counterfeited, altered,
falsely made, stolen, procured by fraud, or produced or issued without lawful
authority; or
`(4) completes, mails, prepares, presents, signs, or submits 10 or more
applications for a United States passport, knowing the applications to contain
any false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or both.
`(b) Passport Materials- Any person who knowingly and without lawful authority
produces, buys, sells, possesses, or uses any official material (or counterfeit
of any official material) used to make a passport, including any distinctive
paper, seal, hologram, image, text, symbol, stamp, engraving, or plate, shall
be fined under this title, imprisoned not more than 20 years, or both.'.
SEC. 242. FALSE STATEMENT IN AN APPLICATION FOR A PASSPORT.
Section 1542 of title 18, United States Code, is amended to read as follows:
`Sec. 1542. False statement in an application for a passport
`(a) In General- Whoever knowingly makes any false statement or representation
in an application for a United States passport, or mails, prepares, presents,
or signs an application for a United States passport knowing the application
to contain any false statement or representation, shall be fined under this
title, imprisoned not more than 15 years, or both.
`(1) IN GENERAL- An offense under subsection (a) may be prosecuted in any
district--
`(A) in which the false statement or representation was made or the application
for a United States passport was prepared or signed; or
`(B) in which or to which the application was mailed or presented.
`(2) ACTS OCCURRING OUTSIDE THE UNITED STATES- An offense under subsection
(a) involving an application for a United States passport prepared and adjudicated
outside the United States may be prosecuted in the district in which the
resultant passport was or would have been produced.
`(c) Savings Clause- Nothing in this section may be construed to limit the
venue otherwise available under sections 3237 and 3238 of this title.'.
SEC. 243. FORGERY AND UNLAWFUL PRODUCTION OF A PASSPORT.
Section 1543 of title 18, United States Code, is amended to read as follows:
`Sec. 1543. Forgery and unlawful production of a passport
`(a) Forgery- Any person who knowingly--
`(1) forges, counterfeits, alters, or falsely makes any passport; or
`(2) 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) Unlawful Production- Any person who 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;
`(2) produces, issues, authorizes, or verifies a United States passport
for or to any person knowing or in reckless disregard of the fact that such
person is not entitled to receive a passport; or
`(3) transfers or furnishes a passport to any person for use by any person
other than 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. 244. MISUSE OF A PASSPORT.
Section 1544 of title 18, United States Code, is amended to read as follows:
`Sec. 1544. Misuse of a passport
`Any person who knowingly--
`(1) uses any passport issued or designed for the use of another;
`(2) 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;
`(3) secures, possesses, uses, receives, buys, sells, or distributes any
passport knowing it to be forged, counterfeited, altered, falsely made,
procured by fraud, or produced or issued without lawful authority; or
`(4) 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.'.
SEC. 245. SCHEMES TO DEFRAUD ALIENS.
Section 1545 of title 18, United States Code, is amended to read as follows:
`Sec. 1545. Schemes to defraud aliens
`(a) In General- Any person who knowingly executes a scheme or artifice, in
connection with any matter that is authorized by or arises under Federal immigration
laws or any matter the offender claims or represents is authorized by or arises
under Federal immigration laws, to--
`(1) defraud any person; or
`(2) obtain or receive money or anything else of value from any person by
means of false or fraudulent pretenses, representations, promises,
shall be fined under this title, imprisoned not more than 15 years, or both.
`(b) Misrepresentation- Any person who knowingly and falsely represents that
such person is an attorney or an accredited representative (as that term is
defined in section 1292.1 of title 8, Code of Federal Regulations (or any
successor regulation to such section)) in any matter arising under Federal
immigration laws shall be fined under this title, imprisoned not more than
15 years, or both.'.
SEC. 246. IMMIGRATION AND VISA FRAUD.
Section 1546 of title 18, United States Code, is amended to read as follows:
`Sec. 1546. Immigration and visa fraud
`(a) In General- Any person who knowingly--
`(1) uses any immigration document issued or designed for the use of another;
`(2) forges, counterfeits, alters, or falsely makes any immigration document;
`(3) completes, mails, prepares, presents, signs, or submits any immigration
document knowing it to contain any materially false statement or representation;
`(4) secures, possesses, uses, transfers, receives, buys, sells, or distributes
any immigration document knowing it to be forged, counterfeited, altered,
falsely made, stolen, procured by fraud, or produced or issued without lawful
authority;
`(5) adopts or uses a false or fictitious name to evade or to attempt to
evade the immigration laws; or
`(6) transfers or furnishes, without lawful authority, an immigration document
to another person for use by a person other than the person for whom the
passport was issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or both.
`(b) Trafficking- Any person who, during any period of 3 years or less, knowingly--
`(1) and without lawful authority produces, issues, or transfers 10 or more
immigration documents;
`(2) forges, counterfeits, alters, or falsely makes 10 or more immigration
documents;
`(3) secures, possesses, uses, buys, sells, or distributes 10 or more immigration
documents, knowing the immigration documents to be forged, counterfeited,
altered, stolen, falsely made, procured by fraud, or produced or issued
without lawful authority; or
`(4) 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 more than 20 years, or both.
`(c) Immigration Document Materials- Any person who knowingly and without
lawful authority produces, buys, sells, possesses, or uses any official material
(or counterfeit of any official material) used to make immigration documents,
including any distinctive paper, seal, hologram, image, text, symbol, stamp,
engraving, or plate, shall be fined under this title, imprisoned not more
than 20 years, or both.
`(d) Employment Documents- Whoever uses--
`(1) an identification document, knowing (or having reason to know) that
the document was not issued lawfully for the use of the possessor;
`(2) an identification document knowing (or having reason to know) that
the document is false; or
`(3) a false attestation,
for the purpose of satisfying a requirement of section 274A(b) of the Immigration
and Nationality Act (8 U.S.C. 1324a(b)), shall be fined under this title,
imprisoned not more than 5 years, or both.'.
SEC. 247. ALTERNATIVE IMPRISONMENT MAXIMUM FOR CERTAIN OFFENSES.
Section 1547 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking `(other than an offense
under section 1545)';
(2) in paragraph (1), by striking `15' and inserting `20'; and
(3) in paragraph (2), by striking `20' and inserting `25'.
SEC. 248. ATTEMPTS, CONSPIRACIES, JURISDICTION, AND DEFINITIONS.
Chapter 75 of title 18, United States Code, is amended by adding after section
1547 the following new sections:
`Sec. 1548. Attempts and conspiracies
`Any person who attempts or conspires to violate any section of this chapter
shall be punished in the same manner as a person who completed a violation
of that section.
`Sec. 1549. Additional jurisdiction
`(a) In General- Any person who commits an offense under this chapter within
the special maritime and territorial jurisdiction of the United States shall
be punished as provided under this chapter.
`(b) Extraterritorial Jurisdiction- Any person who commits an offense under
this chapter outside the United States shall be punished as provided under
this chapter if--
`(1) the offense involves a United States passport or immigration document
(or any document purporting to be such a document) or any matter, right,
or benefit arising under or authorized by Federal immigration laws;
`(2) the offense is in or affects foreign commerce;
`(3) the offense affects, jeopardizes, or poses a significant risk to the
lawful administration of Federal immigration laws, or the national security
of the United States;
`(4) the offense is committed to facilitate an act of international terrorism
(as defined in section 2331) or a drug trafficking crime (as defined in
section 929(a)(2)) that affects or would affect the national security of
the United States;
`(5) the offender is a national of the United States or an alien lawfully
admitted for permanent residence (as those terms are defined in section
101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a))); or
`(6) the offender is a stateless person whose habitual residence is in the
United States.
`Sec. 1550. Authorized law enforcement activities
`Nothing in this chapter shall prohibit any lawfully authorized investigative,
protective, or intelligence activity of a law enforcement agency of the United
States, a State, or a political subdivision of a State, or an intelligence
agency of the United States, or any activity authorized under title V of the
Organized Crime Control Act of 1970 (Public Law 91-452; 84 Stat. 933).
`Sec. 1551. Definitions
`As used in this chapter:
`(1) The term `application for a United States passport' includes any document,
photograph, or other piece of evidence submitted in support of an application
for a United States passport.
`(2) The term `false statement or representation' includes a personation
or an omission.
`(3) The term `immigration document'--
`(A) means any application, petition, affidavit, declaration, attestation,
form, visa, identification card, alien registration document, employment
authorization document, border crossing card, certificate, permit, order,
license, stamp, authorization, grant of authority, or other official document,
arising under or authorized by the immigration laws of the United States;
and
`(B) includes any document, photograph, or other piece of evidence attached
to or submitted in support of an immigration document described in subparagraph
(A).
`(4) 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 subparagraph (A) or (B).
`(5) A person does not exercise `lawful authority' if the person abuses
or improperly exercises lawful authority the person otherwise holds.
`(6) The term `passport' means--
`(A) 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
`(B) any instrument purporting to be a document described in subparagraph
(A).
`(7) The term `produce' means to make, prepare, assemble, issue, print,
authenticate, or alter.
`(8) The term `to present' means to offer or submit for official processing,
examination, or adjudication. Any such presentation continues until the
official processing, examination, or adjudication is complete.
`(9) The `use' of a passport or an immigration document referred to in section
1541(a), 1543(b), 1544, 1546(a), and 1546(b) of this chapter includes--
`(A) any officially authorized use;
`(C) use to demonstrate identity, residence, nationality, citizenship,
or immigration status;
`(D) use to seek or maintain employment; or
`(E) use in any matter within the jurisdiction of the Federal government
or of a State government.'.
SEC. 249. CLERICAL AMENDMENT.
The table of sections for chapter 75 of title 18, United States Code, is amended
to read as follows:
`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. Alternative imprisonment maximum for certain offenses.
`1548. Attempts and conspiracies.
`1549. Additional jurisdiction.
`1550. Authorized law enforcement activities.
TITLE III--BIRTHRIGHT CITIZENSHIP
SEC. 301. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED STATES.
(a) In General- Section 301 of the Immigration and Nationality Act (8 U.S.C.
1401) is amended--
(1) by inserting `(a) IN GENERAL- ' before `The following';
(2) by redesignating paragraphs (a) through (h) as paragraphs (1) through
(8); and
(3) by adding at the end the following:
`(b) Definition- Acknowledging the right of birthright citizenship established
by section 1 of the 14th amendment to the Constitution, a person born in the
United States shall be considered `subject to the jurisdiction' of the United
States for purposes of subsection (a)(1) if the person is born in the United
States of parents, one of whom is--
`(1) a citizen or national of the United States;
`(2) an alien lawfully admitted for permanent residence in the United States
whose residence is in the United States; or
`(3) an alien performing active service in the armed forces (as defined
in section 101 of title 10, United States Code).'.
(b) Applicability- The amendment made by subsection (a)(3) shall not be construed
to affect the citizenship or nationality status of any person born before
the date of the enactment of this Act.
TITLE IV--HOUSING AND HOMEOWNERSHIP
SEC. 401. MORTGAGES PROHIBITED FOR PRINCIPAL RESIDENCES OF INDIVIDUALS WHO
LACK VALID PERSONAL IDENTIFICATION.
(a) In General- Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.)
is amended by adding at the end the following new section:
`Sec. 140. Mortgages prohibited for principal residences of individuals
who lack valid personal identification
`Notwithstanding any provision of State law, no credit may be extended by
any creditor to any consumer in any consumer credit transaction in which a
security interest, including any such interest arising by operation of law,
is or will be retained or acquired in any property located within the United
States which is or, upon the completion of the transaction, will be used as
the principal residence of such consumer unless the creditor has verified
that the consumer is a citizen or national of the United States or is lawfully
present in the United States, by requiring the consumer to provide to the
creditor valid personal identification in one of the forms specified in the
amendment made by section 202(a) of the Loophole Elimination and Verification
Enforcement Act.'.
(b) Clerical Amendment- The table of sections for chapter 2 of the Truth in
Lending Act is amended by inserting after the item relating to section 139
the following new item:
`140. Mortgages prohibited for principal residences of individuals who lack
valid personal identification.'.
SEC. 402. PROHIBITION ON PUBLIC HOUSING AND SECTION 8 RENTAL ASSISTANCE
FOR ILLEGAL ALIENS.
Occupancy in public housing assisted under the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) may not be provided to any individual or household,
and rental assistance under section 8 of such Act (42 U.S.C. 1437f) may not
be provided to or on behalf of any individual or household, unless the public
housing agency or owner of housing assisted under section 8, as applicable,
verifies that the individual, or in the case of a household, all adult members
of the household, are citizens or nationals of the United States or are lawfully
present in the United States, by requiring such individual, or in the case
of a household, all adult members of the household, to provide to the public
housing agency or owner of housing assisted under such section 8, as applicable,
valid personal identification in one of the forms specified in section 201(a)
of this Act.
SEC. 403. PROHIBITION ON RENTING OF DWELLING UNITS TO ILLEGAL ALIENS.
It is the sense of the Congress that renting a dwelling unit to an individual
who is unlawfully present in the United States, or to any household that includes
such an individual, should be considered an act of harboring an illegal alien
or assisting an illegal alien to reside in the United States and therefore
illegal.
SEC. 404. PROHIBITION ON FEDERAL AND GOVERNMENT-SPONSORED ENTERPRISE SUPPORT
FOR MORTGAGES FOR ILLEGAL ALIENS.
(a) Federal Agencies- No Federal agency, department, office, or other instrumentality
may make, insure, or guarantee any mortgage or loan for the purchase of, or
secured by, a residential property unless the mortgagee under such mortgage,
or the lender under such loan, as the case may be, has verified that the mortgagor
under the mortgage or borrower under the loan, as the case may be, is a citizen
or national of the United States or is lawfully present in the United States,
by requiring such mortgagor or borrower to provide to such lender under such
mortgage or loan valid personal identification in one of the forms specified
in section 201(a) of this Act.
(b) Fannie Mae and Freddie Mac- The Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation may not purchase, securitize,
service, sell, lend on the security of, or otherwise deal in any mortgage
or loan unless the mortgagee under such mortgage has verified that the mortgagor
under the mortgage is a citizen or national of the United States or is lawfully
present in the United States, by requiring such mortgagor to provide to such
mortgagee under such mortgage valid personal identification in one of the
forms specified in section 201(a) of this Act.
TITLE V--TAXES AND SOCIAL SECURITY
SEC. 501. NO TOTALIZATION AGREEMENTS THAT WILL BENEFIT ILLEGALS.
It is the sense of the House of Representatives that the totalization agreement
establishing totalization arrangements between the Social Security system
established by title II of such Act and the Social Security system of Mexico,
signed by the Commissioner of Social Security and the Director General, Mexican
Social Security Institute, on June 29, 2004, is inappropriate public policy
and should not take effect.
SEC. 502. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED WHILE UNLAWFULLY
PRESENT.
(a) Determinations of Insured Status- Section 214(c)(1) of the Social Security
Act (42 U.S.C. 414(c)(1)) is amended by striking `at the time of assignment,'
and all that follows through `any later time,' and inserting `at the time
any such quarters of coverage are earned,'.
(b) Entitlement to Disability Insurance Benefits- Section 223(a)(1)(C)(i)
of such Act (42 U.S.C. 423(a)(1)(C)(i)) is amended by striking `at the time
of assignment,' and all that follows through `any later time,' and inserting
`at the time any such quarters of coverage are earned,'.
SEC. 503. LIMITED ELIGIBILITY FOR CREDITS.
Notwithstanding any other provision of law, an individual who makes a return
with respect to Federal income tax and includes on such return an individual
taxpayer identification number in lieu of a Social Security account number
shall not be eligible for any refund of or credit against Federal income tax,
including the earned income tax credit under section 32 of the Internal Revenue
Code of 1986.
SEC. 504. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.
(a) Modified ITIN Format and Lawful Presence Requirement-
(1) IN GENERAL- Section 6109(c) of the Internal Revenue Code of 1986 (26
U.S.C. 6109(c)) is amended to read as follows:
`(c) Requirement of Information-
`(1) IN GENERAL- For purposes of this section, the Secretary is authorized
to require such information of any person as may be necessary to assign
an identifying number.
`(2) SEPARATE FROM SOCIAL SECURITY ACCOUNT NUMBERS- Any identifying number
assigned by the Secretary shall be comprised of a sequence of numerals and
dashes that is visually distinguishable from and will not be mistaken for
a Social Security account number.
`(3) VERIFICATION OF STATUS FOR ALIENS- Prior to issuing any identifying
number to an individual who is physically present in the United States,
the Secretary shall verify with the Department of Homeland Security that
the applicant for such number is lawfully present in the United States.'.
(2) EFFECTIVE DATE- Section 6109(c)(2) of the Internal Revenue Code of 1986,
as added by paragraph (1), shall take effect no later than 30 days after
the date of enactment of this Act.
(1) IN GENERAL- Section 6103(i)(3) of the Internal Revenue Code of 1986
is amended by adding at the end the following new subparagraph:
`(D) POSSIBLE VIOLATIONS OF FEDERAL IMMIGRATION LAW- The Secretary shall
disclose in electronic format to the Secretary of Homeland Security the
taxpayer identity (as defined in subsection (b)(6)) of each taxpayer who
has been assigned an individual taxpayer identification number. The Secretary
of Homeland Security may disclose such information to officers and employees
of the Department to the extent necessary to enforce Federal immigration
laws.'.
(2) EFFECTIVE DATE- The Secretary of the Treasury shall disclose information
under the amendment made by paragraph (1) not later than 60 days after the
date of the enactment of this Act.
TITLE VI--EMPLOYEE VERIFICATION
Subtitle A--General Provisions
SEC. 601. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.
(a) Making Basic Pilot Program Permanent- Section 401(b) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended
by adding before the period at the end of the last sentence the following
`, except that the basic pilot program described in section 403(a) shall be
a permanent program'.
(b) Mandatory Use of E-Verify System-
(1) IN GENERAL- Subject to paragraphs (2) and (3), every person or other
entity that hires one or more individuals for employment in the United States
shall verify through the E-Verify program, established as the basic pilot
program by section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a
note), that each such individual is authorized to work in the United States.
The Secretary of Homeland Security shall ensure that verification by means
of a toll-free telephone line is an available option in complying with the
preceding sentence.
(2) SELECT ENTITIES REQUIRED TO USE E-VERIFY PROGRAM IMMEDIATELY- The following
entities must satisfy the requirement in paragraph (1) by not later than
one year after the date of the enactment of this Act:
(A) FEDERAL AGENCIES- Each department and agency of the Federal Government.
(B) FEDERAL CONTRACTORS- A contractor that--
(i) has entered into a contract with the Federal Government to which
section 2(b)(1) of the Service Contract Act of 1965 (41 U.S.C. 351(b)(1))
applies, and any subcontractor under such contract; or
(ii) has entered into a contract exempted from the application of such
Act by section 6 of such Act (41 U.S.C. 356), and any subcontractor
under such contract; and
(C) LARGE EMPLOYERS- An employer that employs more than 250 individuals
in the United States.
(3) PHASING-IN FOR OTHER EMPLOYERS-
(A) 2 YEARS FOR EMPLOYERS OF 100 OR MORE- Entities that employ 100 or
more individuals in the United States must satisfy the requirement in
paragraph (1) by not later than two years after the date of the enactment
of this Act.
(B) 3 YEARS FOR EMPLOYERS WITH 30 OR MORE EMPLOYEES- All entities that
employ 30 or more individuals in the United States must satisfy the requirement
in paragraph (1) by not later than three years after the date of the enactment
of this Act.
(C) 4 YEARS FOR ALL EMPLOYERS- All entities that employ one or more individuals
in the United States must satisfy the requirement in paragraph (1) by
not later than four years after the date of the enactment of this Act.
(4) VERIFYING EMPLOYMENT AUTHORIZATION OF CURRENT EMPLOYEES- Every person
or other entity that employs one or more persons in the United States shall
verify through the E-Verify program by not later than four years after the
date of the enactment of this Act that each employee is authorized to work
in the United States.
(5) DEFENSE- An employer who has complied with the requirements in paragraphs
(1) and (4) shall not be liable for hiring an unauthorized alien, if--
(A) such hiring occurred due to an error in the E-Verify program that
was unknown to the employer at the time of such hiring; and
(B) the employer terminates the employment of the alien upon being informed
of the error.
(6) SANCTIONS FOR NONCOMPLIANCE- The failure of an employer to comply with
the requirements in paragraphs (1) or (4) shall--
(A) be treated as a violation of section 274A(a)(1)(B) with respect to
each offense; and
(B) create a rebuttable presumption that the employer has violated section
274A(a)(1)(A).
(7) VOLUNTARY PARTICIPATION OF EMPLOYERS NOT IMMEDIATELY SUBJECT TO REQUIREMENT-
Nothing in this subsection shall be construed as preventing a person or
other entity that is not immediately subject to the requirement of paragraph
(1) pursuant to paragraph (2) or (3) from voluntarily using the E-Verify
program to verify the employment authorization of new hires or current employees.
(8) STATE INTERFERENCE- No State may prohibit a person or other entity from
using the E-verify program to verify the employment authorization of new
hires or current employees.
SEC. 602. MANDATORY NOTIFICATION OF SSN MISMATCHES AND MULTIPLE USES AND
DETERMINATIONS OF INELIGIBILITY FOR EMPLOYMENT.
(a) Notification of Multiple Uses of Individual Social Security Account Numbers-
(1) PERIODIC REVIEW OF RECORDS REGARDING INDIVIDUALS FOR MATERIAL EMPLOYMENT-BASED
INFORMATION- The Commissioner of Social Security shall review, on at least
an annual basis, the records of the Commissioner to determine whether there
is included in such records any material employment-based information in
connection with any individual with respect to whom such records are maintained.
(2) NOTIFICATION OF INDIVIDUALS REGARDING MATERIAL EMPLOYMENT-BASED INFORMATION-
(A) IN GENERAL- In any case in which the Commissioner determines, on the
basis of any review pursuant to paragraph (1), that there is any material
employment-based information included in such records relating to any
individual, the Commissioner shall notify such individual of the existence
of such information and that such information may be evidence of the occurrence
of identity theft.
(B) REQUIREMENTS- The notification shall be sent by letter to the individual's
address maintained in the Commissioner's records and shall include--
(i) the name and location of each person listed in such records as such
individual's employer involved,
(ii) a statement that, if the listing regarding each such employer so
identified in the notification is in fact an accurate representation
of persons who have been employers of such individual, there is no problem
and no response to the notification is required, and
(iii) a statement that, if the listing is in any respect not in fact
an accurate representation of persons who have been employers of such
individual, such individual is requested to notify the Department of
Homeland Security or the Social Security Administration of the inaccuracy
by telephone or by Internet communication at a telephone number or website
which shall be specified in the notification.
(b) Material Employment-Based Information- For purposes of this section, the
term `material employment-based information' means, in relation to any individual,
evidence determined, on the basis of any review conducted pursuant to subsection
(a)(1), that--
(1) such individual has had concurrent earnings from more than one employer
over an extended period,
(2) such individual has received benefits under title II of the Social Security
Act while engaged in employment, or
(3) such individual has been engaged in employment while under the age of
16.
(c) Identification and Treatment of Unauthorized Aliens-
(1) IDENTIFICATION OF SUSPECT EMPLOYERS AND EMPLOYEES AND ISSUANCE OF TENTATIVE
DETERMINATION OF UNAUTHORIZED ALIEN STATUS- In any case in which the Social
Security Administration receives a notification from an individual pursuant
to subsection (a)(2)(B)(iii), the Commissioner of Social Security shall
identify each employer involved and the employee of such employer actually
employed in lieu of such individual, share with the Secretary of Homeland
Security the identity of each such employer and such employee, and issue
a tentative determination that such employee is an unauthorized alien (as
defined in section 274A(h) of the Immigration and Nationality Act (8 U.S.C.
1324a(h))) with respect to the employment. Upon the issuance of such tentative
determination, the Commissioner shall notify each such employer and such
employee that a potential identity fraud has occurred in connection with
the employment of such employee by such employer, and that such employee
has been tentatively determined to be such an unauthorized alien.
(2) ISSUANCE OF CONCLUSIVE DETERMINATION- If, during the period of 30 business
days following the date on which such employee receives such notification,
such employee fails to offer to the Commissioner evidence of the employee's
correct identity and that such employee is not an unauthorized alien (as
defined in section 274A(h) of the Immigration and Nationality Act (8 U.S.C.
1324a(h))) with respect to the employment, the Commissioner shall issue
to such employer and such employee a conclusive determination that such
employee is such an unauthorized alien.
(3) MANDATORY TERMINATION OF EMPLOYMENT- The failure of such employer to
immediately terminate such employment of such employee upon receipt of such
conclusive determination shall be treated as a violation of section 274a(a)(2)
of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(2)).
(d) Notification of Mismatched Name and Social Security Number- The Commissioner
of Social Security shall notify on an annual basis each United States employer
with one or more employees whose Social Security account number does not match
the employees name or date of birth in the records of the Commissioner. Such
notification shall instruct employers to notify listed employees that they
have 30 business days to correct the mismatch with the Social Security Administration
or the employer will be required to terminate their employment. The notification
also shall inform employers that they may not terminate listed employees prior
to the close of the 30-day period.
(e) Information Sharing With the Department of Homeland Security-
(1) Not later than 180 days following the date of enactment of this Act,
the Commissioner of Social Security shall promulgate regulations in accordance
with section 1106 of the Social Security Act (42 U.S.C. 1306) to require
that information regarding all unresolved mismatch notifications and regarding
all multiple use notifications that lead to the identification of an unauthorized
user of a Social Security account number be shared with the Secretary of
Homeland Security on a timely basis.
(2) Information to be shared with the Secretary shall include, at a minimum,
the name and mailing address of all employees who are the subject of an
unresolved mismatch notification or who are unauthorized users of another
individual's Social Security account number.
SEC. 603. PENALTY FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.
Section 6721 of the Internal Revenue Code of 1986 (26 U.S.C. 6721) is amended
by adding at the end the following:
`(f) The Secretary shall assess the maximum allowable penalties on 100 percent
of the employers designated in any tax year by the Social Security Administration
as the most egregious noncompliant employers.
`(g) Notwithstanding any other provision in this section, in the case of a
failure described in subsection (a)(2) with respect to any person employing
an alien not authorized to be so employed, the penalty under this section
shall be determined in accordance with the following table:
---------------------------------------------------
`In the case of-- Not less than-- Not more than--
---------------------------------------------------
The first offense $2,500 $5,000
The second offense $7,500 $10,000
The third offense $25,000 $40,000.'.
---------------------------------------------------
SEC. 604. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be required to carry
out this subtitle.
Subtitle B--Self-Employed Subcontractors Loophole
SEC. 611. REQUIRING SELF-EMPLOYED SUBCONTRACTORS TO PARTICIPATE IN EMPLOYMENT
ELIGIBILITY VERIFICATION PILOT PROGRAM.
Beginning with fiscal year 2009, none of the funds authorized to be appropriated
for the Department of Homeland Security or the Department of Justice may be
made available to those departments unless each State and local government
in the United States requires, as condition on acquisition of a business license,
that the applicant demonstrate that the applicant has verified through the
E-Verify program, established as the basic pilot program by section 403(a)
of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1324a note), that the applicant,
and each individual employed by the applicant, is authorized to work in the
United States.
Subtitle C--No Illegals Working in the Capitol
SEC. 621. REQUIRING LEGISLATIVE BRANCH CONTRACTORS TO PARTICIPATE IN EMPLOYMENT
ELIGIBILITY VERIFICATION PILOT PROGRAM.
An office of the legislative branch may not enter into a contract for the
provision of goods or services within the Capitol Complex with any contractor
who employs individuals unless the contractor--
(1) elects to participate in the basic pilot program described in section
403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note), and is in compliance with the terms and conditions
of such election, with respect to all of its employees as well as those
providing goods or services under the contract; and
(2) certifies that each of its subcontractors providing goods or services
under the contract has elected to participate in such program, and is in
compliance with the terms and conditions of such election, with respect
to all of its employees as well as those providing goods or services under
the subcontract.
SEC. 622. CAPITOL COMPLEX DEFINED.
For purposes of this subtitle, the `Capitol Complex' consists of the following
facilities together with their grounds:
(1) The United States Capitol (including the Capitol Visitor Center) and
the Capitol Grounds.
(2) The Cannon, Longworth, Rayburn, and Ford House Office Buildings.
(3) The Russell, Dirksen, and Hart Senate Office Buildings.
(4) The House of Representatives Child Care Center and the Senate Employee
Child Care Center.
(5) Any facility serving as a dormitory residence for Congressional pages.
(6) The United States Botanic Garden.
(7) The Jefferson, Madison, and Adams Buildings of the Library of Congress.
(8) The Capitol Power Plant.
(9) The United States Capitol Police Headquarters Building.
SEC. 623. EFFECTIVE DATE; TRANSITION FOR CURRENT CONTRACTS.
(a) In General- This subtitle shall apply with respect to contracts entered
into after the expiration of the 30-day period which begins on the date of
the enactment of this Act.
(b) Transition for Current Contracts- Upon the enactment of this Act, each
office of the legislative branch with a contract in effect on the date of
the enactment of this Act which is described in section 621 shall obtain assurances
from the contractor involved that the contractor will meet the requirements
of such section prior to the expiration of the period described in subsection
(a).
Subtitle D--Coordination Between SSA and IRS
SEC. 631. AVAILABILTY OF INFORMATION.
The Commissioner of Social Security shall make available to the Commissioner
of Internal Revenue any information related to the investigation and enforcement
of section 162(c)(4) of the Internal Revenue Code of 1986, including any no-match
letter and any information in the earnings suspense file.
TITLE VII--PROHIBITING ILLEGALS FROM OBTAINING FINANCIAL SERVICES
SEC. 701. FOREIGN-ISSUED FORMS OF IDENTIFICATION PROHIBITED AS PROOF OF
IDENTITY TO OPEN ACCOUNTS AT FINANCIAL INSTITUTIONS.
Section 5318(l) of title 31, United States Code (relating to identification
and verification of accountholders) is inserting after paragraph (6) (as added
by section 202) the following new paragraph:
`(7) PROHIBITION ON USE OF IDENTIFICATION ISSUED BY A FOREIGN GOVERNMENT-
A financial institution may not accept any form of identification that was
issued by a foreign government, other than a passport that meets the requirement
of paragraph (6), for use in verifying the identity of a person in connection
with the opening of an account by such person at the financial institution,
including a matricula consular issued in the United States by a duly authorized
consular officer of the Government of Mexico.'.
SEC. 702. `KNOW YOUR CUSTOMER' REGULATIONS APPLIED TO CERTAIN TRANSMITTING
BUSINESSES.
Section 5318(m) of title 31, United States Code, is amended by striking `promulgated
pursuant to the authority contained in' and inserting `prescribed under paragraph
(1) of subsection (l) (notwithstanding paragraph (5) of such subsection) or'.
SEC. 703. REQUIREMENTS RELATING TO THE UNITED STATES POSTAL SERVICE.
(a) In General- The United States Postal Service shall take such measures
as may be necessary to ensure that in the administration of any international
wire transfer service, no transfer may be made unless the sender presents
an acceptable form of identification, as determined in accordance with section
201.
(b) Definition- For purposes of this section, the term `international wire
transfer service' means any program or service, administered by the United
States Postal Service, which provides for the international electronic transfer
of money.
(c) Effective Date- The requirements of this section shall take effect six
months after the date of the enactment of this Act.
SEC. 704. APPLICABILITY OF IDENTIFICATION RULES TO CERTAIN TRANSACTIONS
INVOLVING THE FEDERAL RESERVE BOARD, INCLUDING THE DIRECTO A MEXICO PROGRAM.
(a) In General- The Board of Governors of the Federal Reserve System shall
take such measures as may be necessary to ensure that in the administration
of any international wire transfer service or settlement services, including
any automated clearing house transaction such as the Directo a MexicoTM program,
no transfer may be made unless the financial institution involved has certified
that the sender has presented an acceptable form of identification, as determined
in accordance with section 202(a).
(b) Definition- For purposes of this section, the term `international wire
transfer service or settlement' means any program or service, administered
by the Board of Governors of the Federal Reserve System directly or through
any Federal reserve bank, including the Fedwire Funds Service, which provides
for the international electronic transfer of funds.
(c) Effective Date- The requirements of this section shall take effect six
months after the date of the enactment of this Act.
TITLE VIII--BORDER AND LAW ENFORCEMENT
SEC. 801. CONSTRUCTION OF BORDER FENCING AND SECURITY IMPROVEMENTS.
(a) In General- Section 102(b)(1) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows:
`(A) REINFORCED FENCING- In carrying out subsection (a), the Secretary
of Homeland Security shall provide for at least 2 layers of reinforced
fencing, the installation of additional physical barriers, roads, lighting,
cameras, and sensors--
`(i) extending from 10 miles west of the Tecate, California, port of
entry to 10 miles east of the Tecate, California, port of entry;
`(ii) extending from 10 miles west of the Calexico, California, port
of entry to 5 miles east of the Douglas, Arizona, port of entry;
`(iii) extending from 5 miles west of the Columbus, New Mexico, port
of entry to 10 miles east of El Paso, Texas;
`(iv) extending from 5 miles northwest of the Del Rio, Texas, port of
entry to 5 miles southeast of the Eagle Pass, Texas, port of entry;
and
`(v) extending 15 miles northwest of the Laredo, Texas, port of entry
to the Brownsville, Texas, port of entry.
`(B) COMPLETION DATES- With respect to the border area described in subparagraph
(A), the Secretary shall ensure that the duties required under such subparagraph
are completed by not later than July 31, 2009.
`(C) EXCEPTION- If the topography of a specific area has an elevation
grade that exceeds 10 percent, the Secretary may use other means to secure
such area, including the use of surveillance and barrier tools.'.
(b) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary of Homeland Security such sums as may be necessary to carry
out the amendment made by subsection (a).
(c) Repeals- Subsection (b) of section 564 of division E of the Consolidated
Appropriations Act, 2008 (Public Law 110-161) is repealed. The amendment made
by subsection (a)(2)(A) of such section is repealed.
SEC. 802. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3734) is amended to read as follows:
`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
`(a) Annual Increases- The Secretary of Homeland Security shall, subject to
the availability of appropriations for such purpose, increase the number of
positions for full-time active-duty Border Patrol agents within the Department
of Homeland Security (above the number of positions for which funds were appropriated
for the preceding fiscal year), by--
`(1) 2,500 in fiscal year 2008;
`(2) 2,000 in fiscal year 2009;
`(3) 1,500 in fiscal year 2010;
`(4) 1,000 in fiscal year 2011; and
`(5) 1,000 in fiscal year 2012.
`(b) Allocations- Of the Border Patrol agents hired under subsection (a),
80 percent shall be deployed along the southern border of the United States
and 20 percent shall be deployed along the northern border of the United States.
`(c) Authorization of Appropriations- The necessary funds are authorized to
be appropriated for each of fiscal years 2008 through 2012 to carry out this
section.'.
SEC. 803. INCREASE IN NUMBER OF ICE AGENTS.
Section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3734) is amended to read as follows:
`SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS.
`(a) In General- By not later than September 30, 2012, the Secretary of Homeland
Security shall, subject to the availability of appropriations for such purpose,
increase by 3,000 the number of positions for full-time active-duty investigators
within the Department of Homeland Security investigating violations of immigration
laws (as defined in section 101(a)(17) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(17))) above the number of such positions for which funds
were made available during the preceding fiscal year.
`(b) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary to carry out this section such sums as may be necessary for
each fo fiscal years 2009 through 2012.'.
TITLE IX--STATE AND LOCAL GOVERNMENT AUTHORITY
Subtitle A--General Provisions
SEC. 901. STATE DEFINED; SEVERABILITY.
(a) State Defined- For purposes of this title the term `State' has the meaning
given such term in section 101(a)(36) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(36)).
(b) Severability- If any provision of this title, or the application of such
provision to any person or circumstance, is held invalid, the remainder of
this title and the application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by such invalidation.
SEC. 902. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW ENFORCEMENT
BY STATES AND POLITICAL SUBDIVISIONS OF STATES.
Notwithstanding any other provision of law and reaffirming the existing inherent
authority of States, law enforcement personnel of a State, or of 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.
SEC. 903. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF IMMIGRATION
LAWS ENCOURAGED.
(a) In General- Effective two years after the date of the enactment of this
Act, a State, or a 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 of 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 from 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
to a political subdivision of a State, due to the failure of the State, or
of the political subdivision of the State, to comply with subsection (a) shall
be reallocated to States, or to political subdivisions of States, that comply
with such subsection.
SEC. 904. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION
CENTER DATABASE.
(a) Provision of Information to the NCIC- Not later than 180 days after the
date of the enactment of this Act and periodically thereafter as updates may
require, the Under Secretary for Border and Transportation Security of the
Department of Homeland Security shall provide the National Crime Information
Center of the Department of Justice with such information as the Under Secretary
may possess regarding any aliens against whom a final order of removal has
been issued, any aliens who have signed a voluntary departure agreement, any
aliens who have overstayed their authorized period of stay, and any aliens
whose visas have been revoked. The National Crime Information Center shall
enter such information into the Immigration Violators File of the National
Crime Information Center database, regardless of whether--
(1) the alien concerned received notice of a final order of removal;
(2) the alien concerned has already been removed; or
(3) sufficient identifying information is available with respect to the
alien concerned.
(b) Inclusion of Information in the NCIC Database- Section 534(a) of title
28, United States Code, is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new paragraph:
`(4) acquire, collect, classify, and preserve records of violations by aliens
of the immigration laws of the United States, regardless of whether any
such alien has received notice of the violation or whether sufficient identifying
information is available with respect to any such alien and even if any
such alien has already been removed from the United States; and'.
SEC. 905. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION ABOUT
APPREHENDED ALIENS.
(a) Provision of Information- In compliance with section 642(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373)
and section 434 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 (8 U.S.C. 1644), each State, and each political subdivision of
a State, shall provide the Secretary of Homeland Security in a timely manner
with the information specified in subsection (b) with respect to each alien
apprehended in the jurisdiction of the State, or in the political subdivision
of the State, who is believed to be in violation of the immigration laws of
the United States.
(b) Information Required- The information referred to in subsection (a) is
as follows:
(2) The alien's address or place of residence.
(3) A physical description of the alien.
(4) The date, time, and location of the encounter with the alien and reason
for stopping, detaining, apprehending, or arresting the alien.
(5) If applicable, the alien's driver's license number and the State of
issuance of such license.
(6) If applicable, the type of any other identification document issued
to the alien, any designation number contained on the identification document,
and the issuing entity for the identification document.
(7) If applicable, the license plate number, make, and model of any automobile
registered to, or driven by, the alien.
(8) A photo of the alien, if available or readily obtainable.
(9) The alien's fingerprints, if available or readily obtainable.
(c) Annual Report on Reporting- The Secretary shall maintain and annually
submit to Congress a detailed report listing the States, or the political
subdivisions of States, that have provided information under subsection (a)
in the preceding year.
(d) Reimbursement- The Secretary of Homeland Security shall reimburse States,
and political subdivisions of a State, for all reasonable costs, as determined
by the Secretary, incurred by the State, or the political subdivision of a
State, as a result of providing information under subsection (a).
(e) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary such sums as are necessary to carry out this section.
(f) Construction- Nothing in this section shall require law enforcement officials
of a State, or of a political subdivision of a State, to provide the Secretary
of Homeland Security with information related to a victim of a crime or witness
to a criminal offense.
SEC. 906. 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 Certain Aliens-
From amounts made available to make grants under this section, the Secretary
of Homeland Security shall make grants to States, and to 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 aliens who have violated the immigration
law of the United States, including additional administrative costs incurred
under this title.
(b) Eligibility- To be eligible to receive a grant under this section, a State,
or a political subdivision of a State, must have the authority to, and shall
have a written policy and a practice to, assist in the enforcement of the
immigration laws of the United States in the course of carrying out the routine
law enforcement duties of such State or political subdivision of a State.
Entities covered under this section may not have any policy or practice that
prevents local law enforcement from inquiring about a suspect's immigration
status.
(c) Funding- There is authorized to be appropriated to the Secretary for grants
under this section such sums as may be necessary for fiscal year 2008 and
each subsequent fiscal year.
(d) GAO Audit- Not later than three 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 to political subdivisions of a State,
under subsection (a).
SEC. 907. INCREASED FEDERAL DETENTION SPACE.
(a) Construction or Acquisition of Detention Facilities-
(1) IN GENERAL- The Secretary of Homeland Security shall construct or acquire,
in addition to existing facilities for the detention of aliens, 20 detention
facilities in the United States, with at least 500 beds per facility, for
aliens detained pending removal from the United States or a decision regarding
such removal.
(2) DETERMINATIONS- The location of any detention facility built or acquired
in accordance with this subsection shall be determined by the Deputy Assistant
Director of the Detention Management Division of the Immigration and Customs
Enforcement Office of Detention and Removal within United States Immigration
and Customs Enforcement.
(3) USE OF INSTALLATIONS UNDER BASE CLOSURE LAWS- In acquiring detention
facilities under this subsection, the Secretary of Homeland Security shall
consider the transfer of appropriate portions of military installations
approved for closure or realignment under the Defense Base Closure and Realignment
Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note) for use in accordance with paragraph (1).
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as are necessary to carry out this section.
(c) Technical and Conforming Amendment- Section 241(g)(1) of the Immigration
and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by striking `may expend'
and inserting `shall expend'.
SEC. 908. FEDERAL CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES
APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT.
(1) IN GENERAL- Title II of the Immigration and Nationality Act (8 U.S.C.
1151 et seq.) is amended by inserting after section 240C the following:
`CUSTODY OF ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES
`Sec. 240D. (a) Transfer of Custody by State and Local Officials- If a State,
or a political subdivision of the State, exercising authority with respect
to the apprehension or arrest of an alien who is unlawfully present in the
United States submits to the Secretary of Homeland Security a request that
the alien be taken into Federal custody, the Secretary--
`(A) not later than 48 hours after the conclusion of the State, or the
political subdivision of a State, charging process or dismissal process,
or if no State or political subdivision charging or dismissal process
is required, not later than 48 hours after the alien is apprehended, take
the alien into the custody of the Federal Government and incarcerate the
alien; or
`(B) request that the relevant State or local law enforcement agency temporarily
incarcerate or transport the alien for transfer to Federal custody; and
`(2) shall designate at least one Federal, State, or local prison or jail
or a private contracted prison or detention facility within each State as
the central facility for that State to transfer custody of aliens to the
Department of Homeland Security.
`(b) Policy on Detention in State and Local Detention Facilities- In carrying
out section 241(g)(1), the Attorney General or Secretary of Homeland Security
shall ensure that an alien arrested under this Act shall be detained, pending
the alien's being taken for the examination under this section, in a State
or local prison, jail, detention center, or other comparable facility. Notwithstanding
any other provision of law or regulation, such facility is adequate for detention,
if--
`(1) such a facility is the most suitably located Federal, State, or local
facility available for such purpose under the circumstances;
`(2) an appropriate arrangement for such use of the facility can be made;
and
`(3) such facility satisfies the standards for the housing, care, and security
of persons held in custody of a United States marshal.
`(c) Reimbursement- The Secretary of Homeland Security shall reimburse States,
and political subdivisions of a State, for all reasonable expenses, as determined
by the Secretary, incurred by the State, or political subdivision, as a result
of the incarceration and transportation of an alien who is unlawfully present
in the United States as described in subparagraphs (A) and (B) of subsection
(a)(1). Compensation provided for costs incurred under such subparagraphs
shall be the average cost of incarceration of a prisoner in the relevant State,
as determined by the chief executive officer of a State, or of a political
subdivision of a State, plus the cost of transporting the alien from the point
of apprehension to the place of detention, and to the custody transfer point
if the place of detention and place of custody are different.
`(d) Secure Facilities- The Secretary of Homeland Security shall ensure that
aliens incarcerated in Federal facilities pursuant to this Act are held in
facilities that provide an appropriate level of security.
`(1) IN GENERAL- In carrying out this section, the Secretary of Homeland
Security shall establish a regular circuit and schedule for the prompt transfer
of apprehended aliens from the custody of States, and political subdivisions
of a State, to Federal custody.
`(2) CONTRACTS- The Secretary may enter into contracts, including appropriate
private contracts, to implement this subsection.
`(f) Definition- For purposes of this section, the term `alien who is unlawfully
present in the United States' means an alien who--
`(1) entered the United States without inspection or at any time, manner
or place other than that designated by the Secretary of Homeland Security;
`(2) was admitted as a nonimmigrant and who, at the time the alien was taken
into custody by the State, or a political subdivision of the State, had
failed to--
`(A) maintain the nonimmigrant status in which the alien was admitted
or to which it was changed under section 248; or
`(B) comply with the conditions of any such status;
`(3) was admitted as an immigrant and has subsequently failed to comply
with the requirements of that status; or
`(4) failed to depart the United States under a voluntary departure agreement
or under a final order of removal.'.
(2) CLERICAL AMENDMENT- The table of contents of such Act is amended by
inserting after the item relating to section 240C the following new item:
`Sec. 240D. Custody of aliens unlawfully present in the United States.'.
(b) GAO Audit- Not later than three years after the date of the enactment
of this Act, the Comptroller General of the United States shall conduct an
audit of compensation to States, and to political subdivisions of a State,
for the incarceration of aliens unlawfully present in the United States under
section 240D(a) of the Immigration and Nationality Act (as added by subsection
(a)(1)).
SEC. 909. 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 of a
political subdivision of a State, to train such personnel in the investigation,
identification, apprehension, arrest, detention, and transfer to Federal
custody of aliens unlawfully present 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 of a 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 with them while on duty.
(d) Costs- The Secretary of Homeland Security shall be responsible for any
costs incurred in establishing the training manual and pocket guide.
(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 through 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 scalable, survivable, and can have
a portal in place not later than 30 days after the date of the enactment
of this Act, 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 title 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 the normal law enforcement duties of such officers.
In carrying out this section, priority funding shall be given for existing
web-based immigration enforcement training systems.
SEC. 910. IMMUNITY.
(a) Personal Immunity- Notwithstanding any other provision of law, a law enforcement
officer of a State or local law enforcement agency who is acting within the
scope of the officer's official duties shall be immune, to the same extent
as a Federal law enforcement officer, from personal liability arising out
of the performance of any duty described in this title.
(b) Agency Immunity- Notwithstanding any other provision of law, a State or
local law enforcement agency shall be immune from any claim for money damages
based on Federal, State, or local civil rights law for an incident arising
out of the enforcement of any immigration law, except to the extent a law
enforcement officer of such agency committed a violation of Federal, State,
or local criminal law in the course of enforcing such immigration law.
SEC. 911. INSTITUTIONAL REMOVAL PROGRAM (IRP).
(a) Continuation and Expansion-
(1) IN GENERAL- The Secretary 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 of receiving such funds.
(b) Authorization for Detention After Completion of State or Local Prison
Sentence- Law enforcement officers of a State, or of a political subdivision
of a State, are authorized to--
(1) hold a criminal 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 practicable in order to make the Institutional Removal
Program 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.
Subtitle B--Eliminating Sanctuary Cities
SEC. 921. ELIMINATING SANCTUARY CITIES.
None of the funds made available for the Department of Homeland Security or
the Department of Justice may be provided to any State or unit of local government
that has in effect any law, policy, or procedure in contravention of subsection
(a) or (b) of section 642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373).
Subtitle C--Criminal Aliens
SEC. 931. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).
Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C.1231(i))
is amended to read as follows:
`(5) There are authorized to be appropriated to carry out this subsection
such sums as may be necessary for fiscal year 2008 and each subsequent fiscal
year.'.
SEC. 932. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary for fiscal year 2009
and each subsequent fiscal year such sums as may be necessary to carry out
this title.
SEC. 933. ASSISTANCE FOR STATES INCARCERATING UNDOCUMENTED ALIENS CHARGED
WITH CERTAIN CRIMES.
Section 241(i)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(3)(A))
is amended by inserting `charged with or' before `convicted'.
SEC. 934. PREEMPTION.
It is the sense of the Congress that States and local political subdivisions
are not preempted from the enactment and enforcement of immigration-related
laws and ordinances that do not directly conflict with Federal immigration
laws.
TITLE X--NO IN-STATE TUITION FOR ILLEGALS
SEC. 1001. ENSURING ENFORCEABILITY.
Section 505 of the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1623) is amended--
(A) by striking `on the basis of residence within a State (or a political
subdivision)'; and
(B) by striking `unless a citizen' and all that follows through the period
at the end and inserting `unless every citizen or national of the United
States is entitled to such a benefit (in no less an amount, duration,
and scope) without regard to whether the citizen or national is a resident
of the State or has attended or graduated from a school in the State.';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting the following after subsection (a):
`(b) Enforcement Through Civil Action-
`(1) In General- Any citizen or national of the United States who is attending
or is enrolled to attend a postsecondary educational institution alleged to
be in violation of subsection (a) may commence a civil action on his own behalf
against any official of the State entity that governs such postsecondary educational
institutions or of the educational institution itself to enforce the terms
of subsection (a).
`(2) RELIEF- The court shall provide all appropriate relief, including damages
equal to the monetary value of any benefit provided to an illegal alien
but denied to the citizen or national of the United States, and shall award
attorneys' fees and costs to a citizen or national of the United States
who establishes a violation of subsection (a) to the satisfaction of the
court.
`(3) AUTHORITY- This subsection is enacted pursuant to section 5 of the14th
amendment to the Constitution of the United States.'.
END
