110th CONGRESS
1st Session
S. 330
To authorize secure borders and comprehensive immigration reform,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 18, 2007
Mr. ISAKSON introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
To authorize secure borders and comprehensive immigration reform,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Border Security and Immigration
Reform Act of 2007'.
(b) Table of Contents- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border Patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and vehicle barriers.
Subtitle B--Border Security Plans, Strategies, and Reports
Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North American
security.
Sec. 114. Improving the security of Mexico's southern border.
Sec. 115. Combating human smuggling.
Sec. 116. Deaths at United States-Mexico border.
Sec. 117. Cooperation with the Government of Mexico.
Subtitle C--Other Border Security Initiatives
Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border Patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 130. Secure Border Initiative financial accountability.
Sec. 131. Mandatory detention for aliens apprehended at or between ports
of entry.
Sec. 132. Evasion of inspection or violation of arrival, reporting, entry,
or clearance requirements.
Sec. 133. Temporary National Guard support for securing the southern land
border of the United States.
Sec. 134. Report on incentives to encourage certain Members and former
Members of the Armed Forces to serve in the Bureau of Customs and Border
Protection.
Sec. 135. Western Hemisphere Travel Initiative.
Sec. 136. Recruitment and retention program.
Subtitle D--Border Law Enforcement Relief Act
Sec. 143. Border relief grant program.
Sec. 144. Enforcement of Federal immigration law.
Subtitle E--Rapid Response Measures
Sec. 151. Deployment of Border Patrol agents.
Sec. 152. Border Patrol major assets.
Sec. 153. Electronic equipment.
Sec. 154. Personal equipment.
Sec. 155. Authorization of appropriations.
TITLE II--INTERIOR ENFORCEMENT
Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence, removal,
and alien smuggling.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration fraud
offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United
States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of,
firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration, naturalization,
and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 218. State Criminal Alien Assistance Program.
Sec. 219. Transportation and processing of illegal aliens apprehended
by State and local law enforcement officers.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal lands.
Sec. 221. Alternatives to detention.
Sec. 222. Conforming amendment.
Sec. 223. Reporting requirements.
Sec. 224. State and local enforcement of Federal immigration laws.
Sec. 225. Removal of drunk drivers.
Sec. 226. Medical services in underserved areas.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders.
Sec. 229. Law enforcement authority of States and political subdivisions
and transfer to Federal custody.
Sec. 230. Laundering of monetary instruments.
Sec. 231. Listing of immigration violators in the National Crime Information
Center database.
Sec. 232. Cooperative enforcement programs.
Sec. 233. Increase of Federal detention space and the utilization of facilities
identified for closures as a result of the Defense Base Closure Realignment
Act of 1990.
Sec. 234. Determination of Immigration status of individuals charged with
Federal offenses.
Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System.
TITLE III--ILLEGAL ALIEN REGISTRATION
Sec. 301. Registration for illegal workers.
Sec. 302. Guest worker program.
Sec. 303. Effective date.
TITLE IV--PENALTIES
Sec. 401. Increased criminal penalties for document fraud.
Sec. 402. Increased criminal penalties for certain crimes.
Sec. 403. Additional penalties.
TITLE V--REMOVAL AND VIOLATION TRACKING
Sec. 501. Institutional removal program.
Sec. 502. Authorization for detention after completion of state or local
prison sentence.
Sec. 503. Use of the National Crime Information Center Database to track
violations of immigration law.
TITLE VI--BORDER SECURITY CERTIFICATION
Sec. 601. Border security certification.
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an amendment
or repeal is expressed in terms of an amendment to, or repeal of, a section
or other provision, the reference shall be considered to be made to a section
or other provision of the Immigration and Nationality Act (8 U.S.C. 1101
et seq.).
SEC. 3. DEFINITIONS.
(1) DEPARTMENT- Except as otherwise provided, the term `Department' means
the Department of Homeland Security.
(2) SECRETARY- Except as otherwise provided, the term `Secretary' means
the Secretary of Homeland Security.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
SEC. 101. ENFORCEMENT PERSONNEL.
(a) Additional Personnel-
(1) PORT OF ENTRY INSPECTORS- In each of the fiscal years 2008 through
2012, the Secretary shall, subject to the availability of appropriations,
increase by not less than 500 the number of positions for full-time active
duty port of entry inspectors and provide appropriate training, equipment,
and support to such additional inspectors.
(2) INVESTIGATIVE PERSONNEL-
(A) IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS- Section 5203
of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 118 Stat. 3734) is amended by striking `800' and inserting
`1000'.
(B) ADDITIONAL PERSONNEL- In addition to the positions authorized under
section 5203 of the Intelligence Reform and Terrorism Prevention Act
of 2004, as amended by subparagraph (A), during each of the fiscal years
2008 through 2012, the Secretary shall, subject to the availability
of appropriations, increase by not less than 200 the number of positions
for personnel within the Department assigned to investigate alien smuggling.
(3) DEPUTY UNITED STATES MARSHALS- In each of the fiscal years 2008 through
2012, the Attorney General shall, subject to the availability of appropriations,
increase by not less than 50 the number of positions for full-time active
duty Deputy United States Marshals that investigate criminal matters related
to immigration.
(4) RECRUITMENT OF FORMER MILITARY PERSONNEL-
(A) IN GENERAL- The Commissioner of United States Customs and Border
Protection, in conjunction with the Secretary of Defense or a designee
of the Secretary of Defense, shall establish a program to actively recruit
members of the Army, Navy, Air Force, Marine Corps, and Coast Guard
who have elected to separate from active duty.
(B) REPORT- Not later than 180 days after the date of the enactment
of this Act, the Commissioner shall submit a report on the implementation
of the recruitment program established pursuant to subparagraph (A)
to the Committee on the Judiciary of the Senate and the Committee on
the Judiciary of the House of Representatives.
(b) Authorization of Appropriations-
(1) PORT OF ENTRY INSPECTORS- There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of the fiscal
years 2008 through 2012 to carry out paragraph (1) of subsection (a).
(2) DEPUTY UNITED STATES MARSHALS- There are authorized to be appropriated
to the Attorney General such sums as may be necessary for each of the
fiscal years 2008 through 2012 to carry out subsection (a)(3).
(3) BORDER PATROL AGENTS- Section 5202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as
follows:
`SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
`(a) Annual Increases- The Secretary of Homeland Security shall, subject
to the availability of appropriations for such purpose, increase the number
of positions for full-time active-duty border patrol agents within the Department
of Homeland Security (above the number of such positions for which funds
were appropriated for the preceding fiscal year), by--
`(1) 2,800 in fiscal year 2008;
`(2) 2,800 in fiscal year 2009;
`(3) 2,800 in fiscal year 2010;
`(4) 2,800 in fiscal year 2011; and
`(5) 2,800 in fiscal year 2012;
`(b) Northern Border- In each of the fiscal years 2008 through 2012, in
addition to the border patrol agents assigned along the northern border
of the United States during the previous fiscal year, the Secretary shall
assign a number of border patrol agents equal to not less than 20 percent
of the net increase in border patrol agents during each such fiscal year.
`(c) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2008 through 2012
to carry out this section.'.
SEC. 102. TECHNOLOGICAL ASSETS.
(1) IN GENERAL- Subject to the availability of appropriations, the Secretary
shall procure additional unmanned aerial vehicles and related equipment
as described in paragraph (2), cameras, poles, sensors, and other technologies
necessary to achieve operational control of the international borders
of the United States and to establish a security perimeter known as a
`virtual fence' along such international borders to provide a barrier
to illegal immigration.
(2) UNMANNED AERIAL VEHICLES- The unmanned aerial vehicles and related
equipment described in this paragraph are MQ-9 unmanned aerial vehicles
and related equipment including--
(C) satellite command and control; and
(D) other necessary equipment for operational support.
(b) Increased Availability of Equipment- The Secretary and the Secretary
of Defense shall develop and implement a plan to use authorities provided
to the Secretary of Defense under chapter 18 of title 10, United States
Code, to increase the availability and use of Department of Defense equipment,
including unmanned aerial vehicles, tethered aerostat radars, and other
surveillance equipment, to assist the Secretary in carrying out surveillance
activities conducted at or near the international land borders of the United
States to prevent illegal immigration.
(c) Report- Not later than 6 months after the date of enactment of this
Act, the Secretary and the Secretary of Defense shall submit to Congress
a report that contains--
(1) a description of the current use of Department of Defense equipment
to assist the Secretary in carrying out surveillance of the international
land borders of the United States and assessment of the risks to citizens
of the United States and foreign policy interests associated with the
use of such equipment;
(2) the plan developed under subsection (b) to increase the use of Department
of Defense equipment to assist such surveillance activities; and
(3) a description of the types of equipment and other support to be provided
by the Secretary of Defense under such plan during the 1-year period beginning
on the date of the submission of the report.
(d) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated to the Secretary
such sums as may be necessary for each of the fiscal years 2008 through
2012 to carry out subsection (a), including to carry out paragraph (2)
of such subsection--
(A) $178,400,000 for fiscal year 2008; and
(B) $276,000,000 for fiscal year 2009.
(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to the authorization
of appropriations set out in subparagraphs (A) and (B) of paragraph (1)
are authorized to remain available until expended.
(e) Unmanned Aerial Vehicle Pilot Program- During the 1-year period beginning
on the date on which the report is submitted under subsection (c), the Secretary
shall conduct a pilot program to test unmanned aerial vehicles for border
surveillance along the international border between Canada and the United
States.
(f) Construction- Nothing in this section may be construed as altering or
amending the prohibition on the use of any part of the Army or the Air Force
as a posse comitatus under section 1385 of title 18, United States Code.
SEC. 103. INFRASTRUCTURE.
(a) Construction of Border Control Facilities- Subject to the availability
of appropriations, the Secretary shall construct all-weather roads and acquire
additional vehicle barriers and facilities necessary to achieve operational
control of the international borders of the United States.
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of the fiscal years
2008 through 2012 to carry out subsection (a).
SEC. 104. BORDER PATROL CHECKPOINTS.
The Secretary may maintain temporary or permanent checkpoints on roadways
in border patrol sectors that are located in proximity to the international
border between the United States and Mexico.
SEC. 105. PORTS OF ENTRY.
The Secretary is authorized to--
(1) construct additional ports of entry along the international land borders
of the United States, at locations to be determined by the Secretary;
and
(2) make necessary improvements to the ports of entry in existence on
the date of the enactment of this Act.
SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE BARRIERS.
(a) Tucson Sector- The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary fencing in the
Tucson Sector located proximate to population centers in Douglas, Nogales,
Naco, and Lukeville, Arizona with double- or triple-layered fencing running
parallel to the international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a distance of not
less than 2 miles beyond urban areas, except that the double- or triple-layered
fence shall extend west of Naco, Arizona, for a distance of 10 miles;
and
(3) construct not less than 150 miles of vehicle barriers and all-weather
roads in the Tucson Sector running parallel to the international border
between the United States and Mexico in areas that are known transit points
for illegal cross-border traffic.
(b) Yuma Sector- The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary fencing in the
Yuma Sector located proximate to population centers in Yuma, Somerton,
and San Luis, Arizona with double- or triple-layered fencing running parallel
to the international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a distance of not
less than 2 miles beyond urban areas in the Yuma Sector; and
(3) construct not less than 50 miles of vehicle barriers and all-weather
roads in the Yuma Sector running parallel to the international border
between the United States and Mexico in areas that are known transit points
for illegal cross-border traffic.
(c) Other High Trafficked Areas- The Secretary shall construct not less
than 370 miles of triple-layered fencing which may include portions already
constructed in San Diego Tucson and Yuma Sectors, and 500 miles of vehicle
barriers in other areas along the southwest border that the Secretary determines
are areas that are most often used by smugglers and illegal aliens attempting
to gain illegal entry into the United States.
(d) Construction Deadline- The Secretary shall immediately commence construction
of the fencing, barriers, and roads described in subsections (a), (b), and
(c) and shall complete such construction not later than 2 years after the
date of the enactment of this Act.
(e) Report- Not later than 1 year after the date of the enactment of this
Act, the Secretary shall submit a report to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of Representatives
that describes the progress that has been made in constructing the fencing,
barriers, and roads described in subsections (a), (b), and (c).
(f) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to carry out this section.
Subtitle B--Border Security Plans, Strategies, and Reports
SEC. 111. SURVEILLANCE PLAN.
(a) Requirement for Plan- The Secretary shall develop a comprehensive plan
for the systematic surveillance of the international land and maritime borders
of the United States.
(b) Content- The plan required by subsection (a) shall include the following:
(1) An assessment of existing technologies employed on the international
land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance technologies
with surveillance technologies in use by the Secretary on the date of
the enactment of this Act.
(3) A description of how the Commissioner of the United States Customs
and Border Protection of the Department is working, or is expected to
work, with the Under Secretary for Science and Technology of the Department
to identify and test surveillance technology.
(4) A description of the specific surveillance technology to be deployed.
(5) Identification of any obstacles that may impede such deployment.
(6) A detailed estimate of all costs associated with such deployment and
with continued maintenance of such technologies.
(7) A description of how the Secretary is working with the Administrator
of the Federal Aviation Administration on safety and airspace control
issues associated with the use of unmanned aerial vehicles.
(c) Submission to Congress- Not later than 6 months after the date of the
enactment of this Act, the Secretary shall submit to Congress the plan required
by this section.
SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy- The Secretary, in consultation with the heads
of other appropriate Federal agencies, shall develop a National Strategy
for Border Security that describes actions to be carried out to achieve
operational control over all ports of entry into the United States and the
international land and maritime borders of the United States.
(b) Content- The National Strategy for Border Security shall include the
following:
(1) The implementation schedule for the comprehensive plan for systematic
surveillance described in section 111.
(2) An assessment of the threat posed by terrorists and terrorist groups
that may try to infiltrate the United States at locations along the international
land and maritime borders of the United States.
(3) A risk assessment for all United States ports of entry and all portions
of the international land and maritime borders of the United States that
includes a description of activities being undertaken--
(A) to prevent the entry of terrorists, other unlawful aliens, instruments
of terrorism, narcotics, and other contraband into the United States;
and
(B) to protect critical infrastructure at or near such ports of entry
or borders.
(4) An assessment of the 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 regarding
actions the Secretary can carry out to improve coordination with such
authorities to enable border security and enforcement activities to be
carried out in a more efficient and effective manner.
(8) An assessment of existing efforts and technologies used for border
security and the effect of the use of such efforts and technologies on
civil rights, personal property rights, privacy rights, and civil liberties,
including an assessment of efforts to take into account asylum seekers,
trafficking victims, unaccompanied minor aliens, and other vulnerable
populations.
(9) A prioritized list of research and development objectives to enhance
the security of the international land and maritime borders of the United
States.
(10) A description of ways to ensure that the free flow of travel and
commerce is not diminished by efforts, activities, and programs aimed
at securing the international land and maritime borders of the United
States.
(11) An assessment of additional detention facilities and beds that are
needed to detain unlawful aliens apprehended at United States ports of
entry or along the international land borders of the United States.
(12) A description of the performance metrics to be used to ensure accountability
by the bureaus of the Department in implementing such Strategy.
(13) A schedule for the implementation of the security measures described
in such Strategy, including a prioritization of security measures, realistic
deadlines for addressing the security and enforcement needs, an estimate
of the resources needed to carry out such measures, and a description
of how such resources should be allocated.
(c) Consultation- In developing the National Strategy for Border Security,
the Secretary shall consult with representatives of--
(1) State, local, and tribal authorities with responsibility for locations
along the international land and maritime borders of the United States;
and
(2) appropriate private sector entities, nongovernmental organizations,
and affected communities that have expertise in areas related to border
security.
(d) Coordination- The National Strategy for Border Security shall be consistent
with the National Strategy for Maritime Security developed pursuant to Homeland
Security Presidential Directive 13, dated December 21, 2004.
(e) Submission to Congress-
(1) STRATEGY- Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit to Congress the National Strategy
for Border Security.
(2) UPDATES- The Secretary shall submit to Congress any update of such
Strategy that the Secretary determines is necessary, not later than 30
days after such update is developed.
(f) Immediate Action- Nothing in this section or section 111 may 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.
SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH AMERICAN
SECURITY.
(a) Requirement for Reports- Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the Secretary of State,
in coordination with the Secretary and the heads of other appropriate Federal
agencies, shall submit to Congress a report on improving the exchange of
information related to the security of North America.
(b) Contents- Each report submitted under subsection (a) shall contain a
description of the following:
(1) SECURITY CLEARANCES AND DOCUMENT INTEGRITY- The progress made toward
the development of common enrollment, security, technical, and biometric
standards for the issuance, authentication, validation, and repudiation
of secure documents, including--
(A) technical and biometric standards based on best practices and consistent
with international standards for the issuance, authentication, validation,
and repudiation of travel documents, including--
(iii) permanent resident cards;
(B) working with Canada and Mexico to encourage foreign governments
to enact laws to combat alien smuggling and trafficking, and laws to
forbid the use and manufacture of fraudulent travel documents and to
promote information sharing;
(C) applying the necessary pressures and support to ensure that other
countries meet proper travel document standards and are committed to
travel document verification before the citizens of such countries travel
internationally, including travel by such citizens to the United States;
and
(D) providing technical assistance for the development and maintenance
of a national database built upon identified best practices for biometrics
associated with visa and travel documents.
(2) IMMIGRATION AND VISA MANAGEMENT- The progress of efforts to share
information regarding high-risk individuals who may attempt to enter Canada,
Mexico, or the United States, including the progress made--
(A) in implementing the Statement of Mutual Understanding on Information
Sharing, signed by Canada and the United States in February 2003; and
(B) in identifying trends related to immigration fraud, including asylum
and document fraud, and to analyze such trends.
(3) VISA POLICY COORDINATION AND IMMIGRATION SECURITY- The progress made
by Canada, Mexico, and the United States to enhance the security of North
America by cooperating on visa policy and identifying best practices regarding
immigration security, including the progress made--
(A) in enhancing consultation among officials who issue visas at the
consulates or embassies of Canada, Mexico, or the United States throughout
the world to share information, trends, and best practices on visa flows;
(B) in comparing the procedures and policies of Canada and the United
States related to visitor visa processing, including--
(iii) general screening procedures;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and the United States to
waive visa requirements for nationals and citizens of the same foreign
countries;
(D) in providing technical assistance for the development and maintenance
of a national database built upon identified best practices for biometrics
associated with immigration violators;
(E) in developing and implementing an immigration security strategy
for North America that works toward the development of a common security
perimeter by enhancing technical assistance for programs and systems
to support advance automated reporting and risk targeting of international
passengers;
(F) in sharing information on lost and stolen passports on a real-time
basis among immigration or law enforcement officials of Canada, Mexico,
and the United States; and
(G) in collecting 10 fingerprints from each individual who applies for
a visa.
(4) NORTH AMERICAN VISITOR OVERSTAY PROGRAM- The progress made by Canada
and the United States in implementing parallel entry-exit tracking systems
that, while respecting the privacy laws of both countries, share information
regarding third country nationals who have overstayed their period of
authorized admission in either Canada or the United States.
(5) TERRORIST WATCH LISTS- The progress made in enhancing the capacity
of the United States to combat terrorism through the coordination of counterterrorism
efforts, including the progress made--
(A) in developing and implementing bilateral agreements between Canada
and the United States and between Mexico and the United States to govern
the sharing of terrorist watch list data and to comprehensively enumerate
the uses of such data by the governments of each country;
(B) in establishing appropriate linkages among Canada, Mexico, and the
United States Terrorist Screening Center; and
(C) in exploring with foreign governments the establishment of a multilateral
watch list mechanism that would facilitate direct coordination between
the country that identifies an individual as an individual included
on a watch list, and the country that owns such list, including procedures
that satisfy the security concerns and are consistent with the privacy
and other laws of each participating country.
(6) MONEY LAUNDERING, CURRENCY SMUGGLING, AND ALIEN SMUGGLING- The progress
made in improving information sharing and law enforcement cooperation
in combating organized crime, including the progress made--
(A) in combating currency smuggling, money laundering, alien smuggling,
and trafficking in alcohol, firearms, and explosives;
(B) in implementing the agreement between Canada and the United States
known as the Firearms Trafficking Action Plan;
(C) in determining the feasibility of formulating a firearms trafficking
action plan between Mexico and the United States;
(D) in developing a joint threat assessment on organized crime between
Canada and the United States;
(E) in determining the feasibility of formulating a joint threat assessment
on organized crime between Mexico and the United States;
(F) in developing mechanisms to exchange information on findings, seizures,
and capture of individuals transporting undeclared currency; and
(G) in developing and implementing a plan to combat the transnational
threat of illegal drug trafficking.
(7) LAW ENFORCEMENT COOPERATION- The progress made in enhancing law enforcement
cooperation among Canada, Mexico, and the United States through enhanced
technical assistance for the development and maintenance of a national
database built upon identified best practices for biometrics associated
with known and suspected criminals or terrorists, including exploring
the formation of law enforcement teams that include personnel from the
United States and Mexico, and appropriate procedures for such teams.
SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.
(a) Technical Assistance- The Secretary of State, in coordination with the
Secretary, shall work to cooperate with the head of Foreign Affairs Canada
and the appropriate officials of the Government of Mexico to establish a
program--
(1) to assess the specific needs of Guatemala and Belize in maintaining
the security of the international borders of such countries;
(2) to use the assessment made under paragraph (1) to determine the financial
and technical support needed by Guatemala and Belize from Canada, Mexico,
and the United States to meet such needs;
(3) to provide technical assistance to Guatemala and Belize to promote
issuance of secure passports and travel documents by such countries; and
(4) to encourage Guatemala and Belize--
(A) to control alien smuggling and trafficking;
(B) to prevent the use and manufacture of fraudulent travel documents;
and
(C) to share relevant information with Mexico, Canada, and the United
States.
(b) Border Security for Belize, Guatemala, and Mexico- The Secretary, in
consultation with the Secretary of State, shall work to cooperate--
(1) with the appropriate officials of the Government of Guatemala and
the Government of Belize to provide law enforcement assistance to Guatemala
and Belize that specifically addresses immigration issues to increase
the ability of the Government of Guatemala to dismantle human smuggling
organizations and gain additional control over the international border
between Guatemala and Belize; and
(2) with the appropriate officials of the Government of Belize, the Government
of Guatemala, the Government of Mexico, and the governments of neighboring
contiguous countries to establish a program to provide needed equipment,
technical assistance, and vehicles to manage, regulate, and patrol the
international borders between Mexico and Guatemala and between Mexico
and Belize.
(c) Tracking Central American Gangs- The Secretary of State, in coordination
with the Secretary and the Director of the Federal Bureau of Investigation,
shall work to cooperate with the appropriate officials of the Government
of Mexico, the Government of Guatemala, the Government of Belize, and the
governments of other Central American countries--
(1) to assess the direct and indirect impact on the United States and
Central America of deporting violent criminal aliens;
(2) to establish a program and database to track individuals involved
in Central American gang activities;
(3) to develop a mechanism that is acceptable to the governments of Belize,
Guatemala, Mexico, the United States, and other appropriate countries
to notify such a government if an individual suspected of gang activity
will be deported to that country prior to the deportation and to provide
support for the reintegration of such deportees into that country; and
(4) to develop an agreement to share all relevant information related
to individuals connected with Central American gangs.
(d) Limitations on Assistance- Any funds made available to carry out this
section shall be subject to the limitations contained in section 551 of
the Foreign Operations, Export Financing, and Related Programs Appropriations
Act of 2006 (Public Law 109-102; 119 Stat. 2218).
SEC. 115. COMBATING HUMAN SMUGGLING.
(a) Requirement for Plan- The Secretary shall develop and implement a plan
to improve coordination between the Bureau of Immigration and Customs Enforcement
and the Bureau of Customs and Border Protection of the Department and any
other Federal, State, local, or tribal authorities, as determined appropriate
by the Secretary, to improve coordination efforts to combat human smuggling.
(b) Content- In developing the plan required by subsection (a), the Secretary
shall consider--
(1) the interoperability of databases utilized to prevent human smuggling;
(2) adequate and effective personnel training;
(3) methods and programs to effectively target networks that engage in
such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other crimes; and
(B) investigatory techniques, equipment, and procedures that prevent,
detect, and prosecute international money laundering and other operations
that are utilized in smuggling;
(5) joint measures, with the Secretary of State, to enhance intelligence
sharing and cooperation with foreign governments whose citizens are preyed
on by human smugglers; and
(6) other measures that the Secretary considers appropriate to combating
human smuggling.
(c) Report- Not later than 1 year after implementing the plan described
in subsection (a), the Secretary shall submit to Congress a report on such
plan, including any recommendations for legislative action to improve efforts
to combating human smuggling.
(d) Savings Provision- Nothing in this section may be construed to provide
additional authority to any State or local entity to enforce Federal immigration
laws.
SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER.
(a) Collection of Statistics- The Commissioner of the Bureau of Customs
and Border Protection shall collect statistics relating to deaths occurring
at the border between the United States and Mexico, including--
(1) the causes of the deaths; and
(2) the total number of deaths.
(b) Report- Not later than 1 year after the date of enactment of this Act,
and annually thereafter, the Commissioner of the Bureau of Customs and Border
Protection shall submit to the Secretary a report that--
(1) analyzes trends with respect to the statistics collected under subsection
(a) during the preceding year; and
(2) recommends actions to reduce the deaths described in subsection (a).
SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security- The Secretary of State, in cooperation
with the Secretary and representatives of Federal, State, and local law
enforcement agencies that are involved in border security and immigration
enforcement efforts, shall work with the appropriate officials from the
Government of Mexico to improve coordination between the United States and
Mexico regarding--
(1) improved border security along the international border between the
United States and Mexico;
(2) the reduction of human trafficking and smuggling between the United
States and Mexico;
(3) the reduction of drug trafficking and smuggling between the United
States and Mexico;
(4) the reduction of gang membership in the United States and Mexico;
(5) the reduction of violence against women in the United States and Mexico;
and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws- The Secretary of
State, in cooperation with other appropriate Federal officials, shall work
with the appropriate officials from the Government of Mexico to carry out
activities to educate citizens and nationals of Mexico regarding eligibility
for status as a nonimmigrant under Federal law to ensure that the citizens
and nationals are not exploited while working in the United States.
(c) Cooperation Regarding Circular Migration- The Secretary of State, in
cooperation with the Secretary of Labor and other appropriate Federal officials,
shall work with the appropriate officials from the Government of Mexico
to improve coordination between the United States and Mexico to encourage
circular migration, including assisting in the development of economic opportunities
and providing job training for citizens and nationals in Mexico.
(d) Consultation Requirement- Federal, State, and local representatives
in the United States shall consult with their counterparts in Mexico concerning
the construction of additional fencing and related border security structures
along the international border between the United States and Mexico, as
authorized by this title, before the commencement of any such construction
in order to--
(1) solicit the views of affected communities;
(3) foster greater understanding and stronger cooperation on this and
other important security issues of mutual concern.
(e) Annual Report- Not later than 180 days after the date of enactment of
this Act, and annually thereafter, the Secretary of State shall submit to
Congress a report on the actions taken by the United States and Mexico under
this section.
Subtitle C--Other Border Security Initiatives
SEC. 121. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2008, the Secretary shall--
(1) in consultation with the Attorney General, enhance connectivity between
the Automated Biometric Fingerprint Identification System (IDENT) of the
Department and the Integrated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation 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. 1365a).
SEC. 122. SECURE COMMUNICATION.
The Secretary shall, as expeditiously as practicable, develop and implement
a plan to improve the use of satellite communications and other technologies
to ensure clear and secure 2-way communication capabilities--
(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 borders of the United States; and
(4) between all appropriate border security agencies of the Department
and State, local, and tribal law enforcement agencies.
SEC. 123. 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 Secretary
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 such curriculum has changed since
September 11, 2001, and an evaluation of language and cultural diversity
training programs provided within such curriculum.
(2) A review and a detailed breakdown of the costs incurred by the Bureau
of Customs and Border Protection and the Federal Law Enforcement Training
Center to train 1 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 training programs provided by State
and local agencies, nonprofit organizations, universities, and the private
sector.
(4) An evaluation of whether utilizing comparable non-Federal training
programs, proficiency testing, and long-distance learning programs may
affect--
(A) the cost-effectiveness of increasing the number of Border Patrol
agents trained per year;
(B) the per agent costs of basic training; and
(C) the scope and quality of basic training needed to fulfill the mission
and duties of a Border Patrol agent.
SEC. 124. US-VISIT SYSTEM.
Not later than 6 months after the date of the enactment of this Act, the
Secretary, in consultation with the heads of other appropriate Federal agencies,
shall submit to Congress a schedule for--
(1) equipping all land border ports of entry of the United States with
the U.S.-Visitor and Immigrant Status Indicator Technology (US-VISIT)
system implemented under section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a);
(2) developing and deploying at such ports of entry the exit component
of the US-VISIT system; and
(3) making interoperable all immigration screening systems operated by
the Secretary.
SEC. 125. DOCUMENT FRAUD DETECTION.
(a) Training- Subject to the availability of appropriations, the Secretary
shall provide all Customs and Border Protection officers with training in
identifying and detecting fraudulent travel documents. Such training shall
be developed in consultation with the head of the Forensic Document Laboratory
of the Bureau of Immigration and Customs Enforcement.
(b) Forensic Document Laboratory- The Secretary shall provide all Customs
and Border Protection officers with access to the Forensic Document Laboratory.
(1) REQUIREMENT FOR ASSESSMENT- The Inspector General of the Department
shall conduct an independent assessment of the accuracy and reliability
of the Forensic Document Laboratory.
(2) REPORT TO CONGRESS- Not later than 6 months after the date of the
enactment of this Act, the Inspector General shall submit to Congress
the findings of the assessment required by paragraph (1).
(d) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as may be necessary for each of fiscal years
2008 through 2012 to carry out this section.
SEC. 126. IMPROVED DOCUMENT INTEGRITY.
(a) In General- Section 303 of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (8 U.S.C. 1732) is amended--
(1) by striking `Attorney General' each place it appears and inserting
`Secretary of Homeland Security';
(2) in the heading, by striking `entry and exit documents' and inserting
`travel and entry documents and evidence of status';
(3) in subsection (b)(1)--
(A) by striking `Not later than October 26, 2004, the' and inserting
`The'; and
(B) by striking `visas and' both places it appears and inserting `visas,
evidence of status, and';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
`(d) Other Documents- Not later than October 26, 2008, every document, other
than an interim document, issued by the Secretary of Homeland Security,
which may be used as evidence of an alien's status as an immigrant, nonimmigrant,
parolee, asylee, or refugee, shall be machine-readable and tamper-resistant,
and shall incorporate a biometric identifier to allow the Secretary of Homeland
Security to verify electronically the identity and status of the alien.'.
SEC. 127. CANCELLATION OF VISAS.
Section 222(g) (8 U.S.C. 1202(g)) is amended--
(A) by striking `Attorney General' and inserting `Secretary of Homeland
Security'; and
(B) by inserting `and any other nonimmigrant visa issued by the United
States that is in the possession of the alien' after `such visa'; and
(2) in paragraph (2)(A), by striking `(other than the visa described in
paragraph (1)) issued in a consular office located in the country of the
alien's nationality' and inserting `(other than a visa described in paragraph
(1)) issued in a consular office located in the country of the alien's
nationality or foreign residence'.
SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Collection of Biometric Data From Aliens Departing the United States-
Section 215 (8 U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph (1), to the
end; and
(3) by inserting after subsection (b) the following:
`(c) The Secretary of Homeland Security is authorized to require aliens
departing the United States to provide biometric data and other information
relating to their immigration status.'.
(b) Inspection of Applicants for Admission- Section 235(d) (8 U.S.C. 1225(d))
is amended by adding at the end the following:
`(5) AUTHORITY TO COLLECT BIOMETRIC DATA- In conducting inspections under
subsection (b), immigration officers are authorized to collect biometric
data from--
`(A) any applicant for admission or alien seeking to transit through
the United States; or
`(B) any lawful permanent resident who is entering the United States
and who is not regarded as seeking admission pursuant to section 101(a)(13)(C).'.
(c) Collection of Biometric Data From Alien Crewmen- Section 252 (8 U.S.C.
1282) is amended by adding at the end the following:
`(d) An immigration officer is authorized to collect biometric data from
an alien crewman seeking permission to land temporarily in the United States.'.
(d) Grounds of Inadmissibility- Section 212 (8 U.S.C. 1182) is amended--
(1) in subsection (a)(7), by adding at the end the following:
`(C) WITHHOLDERS OF BIOMETRIC DATA- Any alien who knowingly fails to
comply with a lawful request for biometric data under section 215(c)
or 235(d) is inadmissible.'; and
(2) in subsection (d), by inserting after paragraph (1) the following:
`(2) The Secretary of Homeland Security shall determine whether a ground
for inadmissibility exists with respect to an alien described in subparagraph
(C) of subsection (a)(7) and may waive the application of such subparagraph
for an individual alien or a class of aliens, at the discretion of the
Secretary.'.
(e) Implementation- Section 7208 of the 9/11 Commission Implementation Act
of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
`(3) IMPLEMENTATION- In fully implementing the automated biometric entry
and exit data system under this section, the Secretary is not required
to comply with the requirements of chapter 5 of title 5, United States
Code (commonly referred to as the Administrative Procedure Act) or any
other law relating to rulemaking, information collection, or publication
in the Federal Register.'; and
(A) by striking `There are authorized' and inserting the following:
`(1) IN GENERAL- There are authorized'; and
(B) by adding at the end the following:
`(2) IMPLEMENTATION AT ALL LAND BORDER PORTS OF ENTRY- There are authorized
to be appropriated such sums as may be necessary for each of fiscal years
2008 and 2009 to implement the automated biometric entry and exit data
system at all land border ports of entry.'.
SEC. 129. BORDER STUDY.
(a) Southern Border Study- The Secretary, in consultation with the Attorney
General, the Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Defense, the Secretary of Commerce, and the Administrator of
the Environmental Protection Agency, shall conduct a study on the construction
of a system of physical barriers along the southern international land and
maritime border of the United States. The study shall include--
(1) an assessment of the necessity of constructing such a system, including
the identification of areas of high priority for the construction of such
a system determined after consideration of factors including the amount
of narcotics trafficking and the number of illegal immigrants apprehended
in such areas;
(2) an assessment of the feasibility of constructing such a system;
(3) an assessment of the international, national, and regional environmental
impact of such a system, including the impact on zoning, global climate
change, ozone depletion, biodiversity loss, and transboundary pollution;
(4) an assessment of the necessity for ports of entry along such a system;
(5) an assessment of the impact such a system would have on international
trade, commerce, and tourism;
(6) an assessment of the effect of such a system on private property rights
including issues of eminent domain and riparian rights;
(7) an estimate of the costs associated with building a barrier system,
including costs associated with excavation, construction, and maintenance;
(8) an assessment of the effect of such a system on Indian reservations
and units of the National Park System;
(9) an assessment of the necessity of constructing such a system after
the implementation of provisions of this Act relating to guest workers,
visa reform, and interior and worksite enforcement, and the likely effect
of such provisions on undocumented immigration and the flow of illegal
immigrants across the international border of the United States;
(10) an assessment of the impact of such a system on diplomatic relations
between the United States and Mexico, Central America, and South America,
including the likely impact of such a system on existing and potential
areas of bilateral and multilateral cooperative enforcement efforts;
(11) an assessment of the impact of such a system on the quality of life
within border communities in the United States and Mexico, including its
impact on noise and light pollution, housing, transportation, security,
and environmental health;
(12) an assessment of the likelihood that such a system would lead to
increased violations of the human rights, health, safety, or civil rights
of individuals in the region near the southern international border of
the United States, regardless of the immigration status of such individuals;
(13) an assessment of the effect such a system would have on violence
near the southern international border of the United States; and
(14) an assessment of the effect of such a system on the vulnerability
of the United States to infiltration by terrorists or other agents intending
to inflict direct harm on the United States.
(b) Report- Not later than 9 months after the date of the enactment of this
Act, the Secretary shall submit to Congress a report on the study described
in subsection (a).
SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General- The Inspector General of the Department shall review each
contract action relating to the Secure Border Initiative having a value
of more 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 time lines.
The Inspector General shall complete a review under this subsection with
respect to each 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.
(1) ACTION- If the Inspector General becomes aware of any improper conduct
or wrongdoing in the course of conducting a contract review under subsection
(a), the Inspector General shall, as expeditiously as practicable, refer
information relating to such improper conduct or wrongdoing to the Secretary,
or to another appropriate official of the Department, who shall determine
whether to temporarily suspend the contractor from further participation
in the Secure Border Initiative.
(2) REPORT- Upon the completion of each review described in subsection
(a), the Inspector General shall submit to the Secretary a report containing
the findings of the review, including findings regarding--
(B) significant delays in contract execution;
(C) lack of rigorous departmental contract management;
(D) insufficient departmental financial oversight;
(E) bundling that limits the ability of small businesses to compete;
or
(F) other high risk business practices.
(c) Reports by the Secretary-
(1) IN GENERAL- Not later than 30 days after the receipt of each report
required under subsection (b)(2), the Secretary shall submit a report,
to the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives, that describes--
(A) the findings of the report received from the Inspector General;
and
(B) the steps the Secretary has taken, or plans to take, to address
the problems identified in such report.
(2) CONTRACTS WITH FOREIGN COMPANIES- Not later than 60 days after the
initiation of each contract action with a company whose headquarters is
not based in the United States, the Secretary shall submit a report to
the Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives, regarding the Secure Border
Initiative.
(d) Reports on United States Ports- Not later that 30 days after receiving
information regarding a proposed purchase of a contract to manage the operations
of a United States port by a foreign entity, the Committee on Foreign Investment
in the United States shall submit a report to Congress that describes--
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase; and
(3) the manner in which such security concerns have been addressed.
(e) Authorization of Appropriations- In addition to amounts that are otherwise
authorized to be appropriated to the Office of the Inspector General of
the Department, there are authorized to be appropriated to the Office, to
enable the Office to carry out this section--
(1) for fiscal year 2008, not less than 5 percent of the overall budget
of the Office for such fiscal year;
(2) for fiscal year 2009, not less than 6 percent of the overall budget
of the Office for such fiscal year; and
(3) for fiscal year 2010, not less than 7 percent of the overall budget
of the Office for such fiscal year.
SEC. 131. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN PORTS
OF ENTRY.
(a) In General- Beginning on October 1, 2008, an alien (other than a national
of Mexico) who is attempting to illegally enter the United States and who
is apprehended at a United States port of entry or along the international
land and maritime border of the United States shall be detained until removed
or a final decision granting admission has been determined, unless the alien--
(1) is permitted to withdraw an application for admission under section
235(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4))
and immediately departs from the United States pursuant to such section;
or
(2) is paroled into the United States by the Secretary for urgent humanitarian
reasons or significant public benefit in accordance with section 212(d)(5)(A)
of such Act (8 U.S.C. 1182(d)(5)(A)).
(b) Requirements During Interim Period- Beginning 60 days after the date
of the enactment of this Act and before October 1, 2008, an alien described
in subsection (a) may be released with a notice to appear only if--
(1) the Secretary determines, after conducting all appropriate background
and security checks on the alien, that the alien does not pose a national
security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction-
(1) ASYLUM AND REMOVAL- Nothing in this section shall be construed as
limiting the right of an alien to apply for asylum or for relief or deferral
of removal based on a fear of persecution.
(2) TREATMENT OF CERTAIN ALIENS- The mandatory detention requirement in
subsection (a) does not apply to any alien who is a native or citizen
of a country in the Western Hemisphere with whose government the United
States does not have full diplomatic relations.
(3) DISCRETION- Nothing in this section shall be construed as limiting
the authority of the Secretary, in the Secretary's sole unreviewable discretion,
to determine whether an alien described in clause (ii) of section 235(b)(1)(B)
of the Immigration and Nationality Act shall be detained or released after
a finding of a credible fear of persecution (as defined in clause (v)
of such section).
SEC. 132. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, ENTRY,
OR CLEARANCE REQUIREMENTS.
(a) In General- Chapter 27 of title 18, United States Code, is amended by
adding at the end the following:
`Sec. 556. Evasion of inspection or during violation of arrival, reporting,
entry, or clearance requirements
`(a) Prohibition- A person shall be punished as described in subsection
(b) if such person attempts to elude or eludes customs, immigration, or
agriculture inspection or fails to stop at the command of an officer or
employee of the United States charged with enforcing the immigration, customs,
or other laws of the United States at a port of entry or customs or immigration
checkpoint.
`(b) Penalties- A person who commits an offense described in subsection
(a) shall be--
`(1) fined under this title;
`(2)(A) imprisoned for not more than 3 years, or both;
`(B) imprisoned for not more than 10 years, or both, if in commission
of this violation, attempts to inflict or inflicts bodily injury (as defined
in section 1365(g) of this title); or
`(C) imprisoned for any term of years or for life, or both, if death results,
and may be sentenced to death; or
`(3) both fined and imprisoned under this subsection.
`(c) Conspiracy- If 2 or more persons conspire to commit an offense described
in subsection (a), and 1 or more of such persons do any act to effect the
object of the conspiracy, each shall be punishable as a principal, except
that the sentence of death may not be imposed.
`(d) Prima Facie Evidence- For the purposes of seizure and forfeiture under
applicable law, in the case of use of a vehicle or other conveyance in the
commission of this offense, or in the case of disregarding or disobeying
the lawful authority or command of any officer or employee of the United
States under section 111(b) of this title, such conduct shall constitute
prima facie evidence of smuggling aliens or merchandise.'.
(b) Conforming Amendment- The table of sections for chapter 27 of title
18, United States Code, is amended by inserting at the end:
`556. Evasion of inspection or during violation of arrival, reporting,
entry, or clearance requirements.'.
(c) Failure To Obey Border Enforcement Officers- Section 111 of title 18,
United States Code, is amended by inserting after subsection (b) the following:
`(c) Failure To Obey Lawful Orders of Border Enforcement Officers- Whoever
willfully disregards or disobeys the lawful authority or command of any
officer or employee of the United States charged with enforcing the immigration,
customs, or other laws of the United States while engaged in, or on account
of, the performance of official duties shall be fined under this title or
imprisoned for not more than 5 years, or both.'.
(d) Technical Amendments-
(1) IN GENERAL- Chapter 27 of title 18, United States Code, is amended
by redesignating the section 554 added by section 551(a) of the Department
of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1389) (relating to border tunnels and passages) as section 555.
(2) TABLE OF SECTIONS- The table of sections for chapter 27 of title 18,
United States Code, is amended--
(A) by striking the following:
`554. Border tunnels and passages.';
(B) inserting the following:
`555. Border tunnels and passages.'.
(3) CRIMINAL FORFEITURE- Section 982(a)(6) of title 18, United States
Code, is amended by striking `554' and inserting `555'.
(4) DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION- Section 551(d)
of the Department of Homeland Security Appropriations Act, 2007 (Public
Law 109-295; 120 Stat. 1390) is amended in paragraphs (1) and (2)(A) by
striking `554' and inserting `555'.
SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE SOUTHERN LAND
BORDER OF THE UNITED STATES.
(a) Authority To Provide Assistance-
(1) IN GENERAL- With the approval of the Secretary of Defense, the Governor
of a State may order any units or personnel of the National Guard of such
State to perform annual training duty under section 502(a) of title 32,
United States Code, to carry out in any State along the southern land
border of the United States the activities authorized in subsection (b),
for the purpose of securing such border. Such duty shall not exceed 21
days in any year.
(2) SUPPORT- With the approval of the Secretary of Defense, the Governor
of a State may order any units or personnel of the National Guard of such
State to perform duty under section 502(f) of title 32, United States
Code, to provide command, control, and continuity of support for units
or personnel performing annual training duty under paragraph (1).
(b) Authorized Activities- The activities authorized by this subsection
are any of the following:
(1) Ground reconnaissance activities;
(2) Airborne reconnaissance activities;
(4) Provision of translation services and training;
(5) Administrative support services;
(6) Technical training services;
(7) Emergency medical assistance and services;
(8) Communications services;
(9) Rescue of aliens in peril;
(10) Construction of roadways, patrol roads, fences, barriers, and other
facilities to secure the southern land border of the United States; and
(11) Ground and air transportation.
(c) Cooperative Agreements- Units and personnel of the National Guard of
a State may perform activities in another State under subsection (a) only
pursuant to the terms of an emergency management assistance compact or other
cooperative arrangement entered into between Governors of such States for
purposes of this section, and only with the approval of the Secretary of
Defense.
(d) Coordination of Assistance- The Secretary of Homeland Security shall,
in consultation with the Secretary of Defense and the Governors of the States
concerned, coordinate the performance of activities under this section by
units and personnel of the National Guard.
(e) Annual Training- Annual training duty performed by members of the National
Guard under subsection (a) shall be appropriate for the units and individual
members concerned, taking into account the types of units and military occupational
specialties of individual members performing such duty.
(f) Definitions- In this section:
(1) The term `Governor of a State' means, in the case of the District
of Columbia, the Commanding General of the National Guard of the District
of Columbia.
(2) The term `State' means each of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(3) The term `State along the southern border of the United States' means
each of the following:
(A) The State of Arizona.
(B) The State of California.
(C) The State of New Mexico.
(g) Duration of Authority- The authority of this section shall expire on
January 1, 2009.
(h) Prohibition on Direct Participation in Law Enforcement- Activities carried
out under the authority of this section shall not include the direct participation
of a member of the National Guard in a search, seizure, arrest, or similar
activity.
SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS AND FORMER
MEMBERS OF THE ARMED FORCES TO SERVE IN THE BUREAU OF CUSTOMS AND BORDER
PROTECTION.
(a) Report Required- Not later than 60 days after the date of the enactment
of this Act, the Secretary of Homeland Security and the Secretary of Defense
shall jointly submit to the appropriate committees of Congress a report
assessing the desirability and feasibility of offering incentives to covered
members and former members of the Armed Forces for the purpose of encouraging
such members to serve in the Bureau of Customs and Border Protection.
(b) Covered Members and Former Members of the Armed Forces- For purposes
of this section, covered members and former members of the Armed Forces
are the following:
(1) Members of the reserve components of the Armed Forces.
(2) Former members of the Armed Forces within two years of separation
from service in the Armed Forces.
(c) Requirements and Limitations-
(1) NATURE OF INCENTIVES- In considering incentives for purposes of the
report required by subsection (a), the Secretaries shall consider such
incentives, whether monetary or otherwise and whether or not authorized
by current law or regulations, as the Secretaries jointly consider appropriate.
(2) TARGETING OF INCENTIVES- In assessing any incentive for purposes of
the report, the Secretaries shall give particular attention to the utility
of such incentive in--
(A) encouraging service in the Bureau of Customs and Border Protection
after service in the Armed Forces by covered members and former of the
Armed Forces who have provided border patrol or border security assistance
to the Bureau as part of their duties as members of the Armed Forces;
and
(B) leveraging military training and experience by accelerating training,
or allowing credit to be applied to related areas of training, required
for service with the Bureau of Customs and Border Protection.
(3) PAYMENT- In assessing incentives for purposes of the report, the Secretaries
shall assume that any costs of such incentives shall be borne by the Department
of Homeland Security.
(d) Elements- The report required by subsection (a) shall include the following:
(1) A description of various monetary and non-monetary incentives considered
for purposes of the report.
(2) An assessment of the desirability and feasibility of utilizing any
such incentive for the purpose specified in subsection (a), including
an assessment of the particular utility of such incentive in encouraging
service in the Bureau of Customs and Border Protection after service in
the Armed Forces by covered members and former members of the Armed Forces
described in subsection (c)(2).
(3) Any other matters that the Secretaries jointly consider appropriate.
(e) Appropriate Committees of Congress Defined- In this section, the term
`appropriate committees of Congress' means--
(1) the Committees on Armed Services, Homeland Security and Governmental
Affairs, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Homeland Security, and Appropriations
of the House of Representatives.
SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE.
(a) Findings- Congress makes the following findings:
(1) United States citizens make approximately 130,000,000 land border
crossings each year between the United States and Canada and the United
States and Mexico, with approximately 23,000,000 individual United States
citizens crossing the border annually.
(2) Approximately 27 percent of United States citizens possess United
States passports.
(3) In fiscal year 2005, the Secretary of State issued an estimated 10,100,000
passports, representing an increase of 15 percent from fiscal year 2004.
(4) The Secretary of State estimates that 13,000,000 passports will be
issued in fiscal year 2006, 16,000,000 passports will be issued in fiscal
year 2007, and 17,000,000 passports will be issued in fiscal year 2008.
(b) Extension of Western Hemisphere Travel Initiative Implementation Deadline-
Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458; 8 U.S.C. 1185 note) is amended by striking
`January 1, 2008' and inserting `the later of June 1, 2009, or 3 months
after the Secretary of State and the Secretary of Homeland Security make
the certification required in subsection (i) of section 135 of the Border
Security and Immigration Reform Act of 2007.'.
(1) AUTHORITY TO ISSUE- In order to facilitate travel of United States
citizens to Canada, Mexico, the countries located in the Caribbean, and
Bermuda, the Secretary of State, in consultation with the Secretary, is
authorized to develop a travel document known as a Passport Card.
(2) ISSUANCE- In accordance with the Western Hemisphere Travel Initiative
carried out pursuant to section 7209 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary
of State, in consultation with the Secretary, shall be authorized to issue
to a citizen of the United States who submits an application in accordance
with paragraph (5) a travel document that will serve as a Passport Card.
(3) APPLICABILITY- A Passport Card shall be deemed to be a United States
passport for the purpose of United States laws and regulations relating
to United States passports.
(4) VALIDITY- A Passport Card shall be valid for the same period as a
United States passport.
(5) LIMITATION ON USE- A Passport Card may only be used for the purpose
of international travel by United States citizens through land and sea
ports of entry between--
(A) the United States and Canada;
(B) the United States and Mexico; and
(C) the United States and a country located in the Caribbean or Bermuda.
(6) APPLICATION FOR ISSUANCE- To be issued a Passport Card, a United States
citizen shall submit an application to the Secretary of State. The Secretary
of State shall require that such application shall contain the same information
as is required to determine citizenship, identity, and eligibility for
issuance of a United States passport.
(A) EXPEDITED TRAVELER PROGRAMS- To the maximum extent practicable,
a Passport Card shall be designed and produced to provide a platform
on which the expedited traveler programs carried out by the Secretary,
such as NEXUS, NEXUS AIR, SENTRI, FAST, and Register Traveler may be
added. The Secretary of State and the Secretary shall notify Congress
not later than July 1, 2008, if the technology to add expedited travel
features to the Passport Card is not developed by that date.
(B) TECHNOLOGY- The Secretary and the Secretary of State shall establish
a technology implementation plan that accommodates desired technology
requirements of the Department of State and the Department, allows for
future technological innovations, and ensures maximum facilitation at
the northern and southern borders.
(8) SPECIFICATIONS FOR CARD- A Passport Card shall be easily portable
and durable. The Secretary of State and the Secretary shall consult regarding
the other technical specifications of the Card, including whether the
security features of the Card could be combined with other existing identity
documentation.
(A) IN GENERAL- An applicant for a Passport Card shall submit an application
under paragraph (6) together with a nonrefundable fee in an amount to
be determined by the Secretary of State. Passport Card fees shall be
deposited as an offsetting collection to the appropriate Department
of State appropriation, to remain available until expended.
(i) IN GENERAL- The Secretary of State shall seek to make the application
fee under this paragraph as low as possible.
(ii) MAXIMUM FEE WITHOUT CERTIFICATION- Except as provided in clause
(iii), the application fee may not exceed $24.
(iii) MAXIMUM FEE WITH CERTIFICATION- The application fee may be not
more than $34 if the Secretary of State, the Secretary, and the Postmaster
General--
(I) jointly certify to Congress that the cost to produce and issue
a Passport Card significantly exceeds $24; and
(II) provide a detailed cost analysis for such fee.
(C) REDUCTION OF FEE- The Secretary of State shall reduce the fee for
a Passport Card for an individual who submits an application for a Passport
Card together with an application for a United States passport.
(D) WAIVER OF FEE FOR CHILDREN- The Secretary of State shall waive the
fee for a Passport Card for a child under 18 years of age.
(E) AUDIT- In the event that the fee for a Passport Card exceeds $24,
the Comptroller General of the United States shall conduct an audit
to determine whether Passport Cards are issued at the lowest possible
cost.
(10) ACCESSIBILITY- In order to make the Passport Card easily obtainable,
an application for a Passport Card shall be accepted in the same manner
and at the same locations as an application for a United States passport.
(11) RULE OF CONSTRUCTION- Nothing in this section shall be construed
as limiting, altering, modifying, or otherwise affecting the validity
of a United States passport. A United States citizen may possess a United
States passport and a Passport Card.
(d) State Enrollment Demonstration Program-
(1) IN GENERAL- Notwithstanding any other provisions of law, the Secretary
of State and the Secretary shall enter into a memorandum of understanding
with 1 or more appropriate States to carry out at least 1 demonstration
program as follows:
(A) A State may include an individual's United States citizenship status
on a driver's license which meets the requirements of section 202 of
the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C.
30301 note).
(B) The Secretary of State shall develop a mechanism to communicate
with a participating State to verify the United States citizenship status
of an applicant who voluntarily seeks to have the applicant's United
States citizenship status included on a driver's license.
(C) All information collected about the individual shall be managed
exclusively in the same manner as information collected through a passport
application and no further distribution of such information shall be
permitted.
(D) A State may not require an individual to include the individual's
citizenship status on a driver's license.
(E) Notwithstanding any other provision of law, a driver's license which
meets the requirements of this paragraph shall be deemed to be sufficient
documentation to permit the bearer to enter the United States from Canada
or Mexico through not less than at least 1 designated international
border crossing in each State participating in the demonstration program.
(2) RULE OF CONSTRUCTION- Nothing in this subsection shall have the effect
of creating a national identity card.
(3) AUTHORITY TO EXPAND- The Secretary of State and the Secretary may
expand the demonstration program under this subsection so that such program
is carried out in additional States, through additional ports of entry,
for additional foreign countries, and in a manner that permits the use
of additional types of identification documents to prove identity under
the program.
(4) STUDY- Not later than 6 months after the date that the demonstration
program under this subsection is carried out, the Comptroller General
of the United States shall conduct a study of--
(A) the cost of the production and issuance of documents that meet the
requirements of the program compared with other travel documents;
(B) the impact of the program on the flow of cross-border traffic and
the economic impact of the program; and
(C) the security of travel documents that meet the requirements of the
program compared with other travel documents.
(5) RECIPROCITY WITH CANADA- Notwithstanding any other provision of law,
if the Secretary of State and the Secretary certify that certain identity
documents issued by Canada (or any of its provinces) meet security and
citizenship standards comparable to the requirements described in paragraph
(1), the Secretary may determine that such documents are sufficient to
permit entry into the United States. The Secretary shall work, to the
maximum extent possible, to ensure that identification documents issued
by Canada that are used as described in this paragraph contain the same
technology as identification documents issued by the United States (or
any State).
(6) ADDITIONAL PILOT PROGRAMS- To the maximum extent possible, the Secretary
shall seek to conduct pilot programs related to Passport Cards and the
State Enrollment Demonstration Program described in this subsection on
the international border between the United States and Canada and the
international border between the United States and Mexico.
(e) Expedited Processing for Repeat Travelers-
(1) LAND CROSSINGS- To the maximum extent practicable at the United States
border with Canada and the United States border with Mexico, the Secretary
shall expand expedited traveler programs carried out by the Secretary
to all ports of entry and should encourage citizens of the United States
to participate in the preenrollment programs, as such programs assist
border control officers of the United States in the fight against terrorism
by increasing the number of known travelers crossing the border. The identities
of such expedited travelers should be entered into a database of known
travelers who have been subjected to in-depth background and watch-list
checks to permit border control officers to focus more attention on unknown
travelers, potential criminals, and terrorists. The Secretary, in consultation
with the appropriate officials of the Government of Canada, shall equip
at least 6 additional northern border crossings with NEXUS technology
and 6 additional southern ports of entry with SENTRI technology.
(2) SEA CROSSINGS- The Commissioner of Customs and Border Patrol shall
conduct and expand trusted traveler programs and pilot programs to facilitate
expedited processing of United States citizens returning from pleasure
craft trips in Canada, Mexico, the Caribbean, or Bermuda. One such program
shall be conducted in Florida and modeled on the I-68 program.
(f) Process for Individuals Lacking Appropriate Documents-
(1) IN GENERAL- The Secretary shall establish a program that satisfies
section 7209 of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 8 U.S.C. 1185 note)--
(A) to permit a citizen of the United States who has not been issued
a United States passport or other appropriate travel document to cross
the international border and return to the United States for a time
period of not more than 72 hours, on a limited basis, and at no additional
fee; or
(B) to establish a process to ascertain the identity of, and make admissibility
determinations for, a citizen described in paragraph (A) upon the arrival
of such citizen at an international border of the United States.
(2) GRACE PERIOD- During a time period determined by the Secretary, officers
of the United States Customs and Border Patrol may permit citizens of
the United States and Canada who are unaware of the requirements of section
7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108-458; 8 U.S.C. 1185 note), or otherwise lacking appropriate documentation,
to enter the United States upon a demonstration of citizenship satisfactory
to the officer. Officers of the United States Customs and Border Patrol
shall educate such individuals about documentary requirements.
(g) Travel by Children- Notwithstanding any other provision of law, the
Secretary shall develop a procedure to accommodate groups of children traveling
by land across an international border under adult supervision with parental
consent without requiring a government-issued identity and citizenship document.
(h) Public Promotion- The Secretary of State, in consultation with the Secretary,
shall develop and implement an outreach plan to inform United States citizens
about the Western Hemisphere Travel Initiative and the provisions of this
Act, to facilitate the acquisition of appropriate documentation to travel
to Canada, Mexico, the countries located in the Caribbean, and Bermuda,
and to educate United States citizens who are unaware of the requirements
for such travel. Such outreach plan should include--
(1) written notifications posted at or near public facilities, including
border crossings, schools, libraries, Amtrak stations, and United States
Post Offices located within 50 miles of the international border between
the United States and Canada or the international border between the United
States and Mexico and other ports of entry;
(2) provisions to seek consent to post such notifications on commercial
property, such as offices of State departments of motor vehicles, gas
stations, supermarkets, convenience stores, hotels, and travel agencies;
(3) the collection and analysis of data to measure the success of the
public promotion plan; and
(4) additional measures as appropriate.
(i) Certification- Notwithstanding any other provision of law, the Secretary
may not implement the plan described in section 7209(b) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C.
1185 note) until the later of June 1, 2009, or the date that is 3 months
after the Secretary of State and the Secretary certify to Congress that--
(1)(A) if the Secretary and the Secretary of State develop and issue Passport
Cards under this section--
(i) such cards have been distributed to at least 90 percent of the eligible
United States citizens who applied for such cards during the 6-month
period beginning not earlier than the date the Secretary of State began
accepting applications for such cards and ending not earlier than 10
days prior to the date of certification;
(ii) Passport Cards are provided to applicants, on average, within 4
weeks of application or within the same period of time required to adjudicate
a passport; and
(iii) a successful pilot has demonstrated the effectiveness of the Passport
Card; or
(B) if the Secretary and the Secretary of State do not develop and issue
Passport Cards under this section and develop a program to issue an alternative
document that satisfies the requirements of section 7209 of the Intelligence
Reform and Terrorism Prevention Act of 2004, in addition to the NEXUS,
SENTRI, FAST and Border Crossing Card programs, such alternative document
is widely available and well publicized;
(2) United States border crossings have been equipped with sufficient
document readers and other technologies to ensure that implementation
will not substantially slow the flow of traffic and persons across international
borders;
(3) officers of the Bureau of Customs and Border Protection have received
training and been provided the infrastructure necessary to accept Passport
Cards and all alternative identity documents at all United States border
crossings; and
(4) the outreach plan described in subsection (g) has been implemented
and the Secretary determines such plan has been successful in providing
information to United States citizens.
(j) Authorization of Appropriations- There is authorized to be appropriated
to the Secretary of State and the Secretary such sums as may be necessary
to carry out this section, and the amendment made by this section.
SEC. 136. RECRUITMENT AND RETENTION PROGRAM.
(a) Requirement for Program- The Secretary shall conduct a 5-year program
to facilitate the recruitment and retention of agents of the Bureau of Customs
and Border Protection and of the Bureau of Immigration and Customs Enforcement.
(b) Report- Not less frequently than once every 90 days during the 5-year
duration of the program requirement by subsection (a), the Secretary shall
submit to the appropriate committees of Congress a report on the results
and progress of the program. Such report shall be submitted in an unclassified
form and may include a classified annex, if necessary.
(c) Appropriate Committees of Congress Defined- In this section, the term
`appropriate committees of Congress' means--
(1) the Committees on Armed Services, Homeland Security and Governmental
Affairs, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Homeland Security, and Appropriations
of the House of Representatives.
Subtitle D--Border Law Enforcement Relief Act
SEC. 141. SHORT TITLE.
This subtitle may be cited as the `Border Law Enforcement Relief Act of
2007'.
SEC. 142. FINDINGS.
Congress finds the following:
(1) It is the obligation of the Federal Government of the United States
to adequately secure the Nation's borders and prevent the flow of undocumented
persons and illegal drugs into the United States.
(2) Despite the fact that the United States Border Patrol apprehends over
1,000,000 people each year trying to illegally enter the United States,
according to the Congressional Research Service, the net growth in the
number of unauthorized aliens has increased by approximately 500,000 each
year. The Southwest border accounts for approximately 94 percent of all
migrant apprehensions each year. Currently, there are an estimated 11,000,000
unauthorized aliens in the United States.
(3) The border region is also a major corridor for the shipment of drugs.
According to the El Paso Intelligence Center, 65 percent of the narcotics
that are sold in the markets of the United States enter the country through
the Southwest Border.
(4) Border communities continue to incur significant costs due to the
lack of adequate border security. A 2001 study by the United States-Mexico
Border Counties Coalition found that law enforcement and criminal justice
expenses associated with illegal immigration exceed $89,000,000 annually
for the Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona declared states
of emergency in order to provide local law enforcement immediate assistance
in addressing criminal activity along the Southwest border.
(6) While the Federal Government provides States and localities assistance
in covering costs related to the detention of certain criminal aliens
and the prosecution of Federal drug cases, local law enforcement along
the border are provided no assistance in covering such expenses and must
use their limited resources to combat drug trafficking, human smuggling,
kidnappings, the destruction of private property, and other border-related
crimes.
(7) The United States shares 5,525 miles of border with Canada and 1,989
miles with Mexico. Many of the local law enforcement agencies located
along the border are small, rural departments charged with patrolling
large areas of land. Counties along the Southwest United States-Mexico
border are some of the poorest in the country and lack the financial resources
to cover the additional costs associated with illegal immigration, drug
trafficking, and other border-related crimes.
(8) Federal assistance is required to help local law enforcement operating
along the border address the unique challenges that arise as a result
of their proximity to an international border and the lack of overall
border security in the region
SEC. 143. BORDER RELIEF GRANT PROGRAM.
(1) IN GENERAL- The Secretary is authorized to award grants, subject to
the availability of appropriations, to an eligible law enforcement agency
to provide assistance to such agency to address--
(A) criminal activity that occurs in the jurisdiction of such agency
by virtue of such agency's proximity to the United States border; and
(B) the impact of any lack of security along the United States border.
(2) DURATION- Grants may be awarded under this subsection during fiscal
years 2008 through 2012.
(3) COMPETITIVE BASIS- The Secretary shall award grants under this subsection
on a competitive basis, except that the Secretary shall give priority
to applications from any eligible law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United States border with--
(b) Use of Funds- Grants awarded pursuant to subsection (a) may only be
used to provide additional resources for an eligible law enforcement agency
to address criminal activity occurring along any such border, including--
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and transportation
costs; and
(5) such other resources as are available to assist that agency.
(1) IN GENERAL- Each eligible law enforcement agency seeking a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary may
reasonably require.
(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--
(A) describe the activities for which assistance under this section
is sought; and
(B) provide such additional assurances as the Secretary determines to
be essential to ensure compliance with the requirements of this section.
(d) Definitions- For the purposes of this section:
(1) ELIGIBLE LAW ENFORCEMENT AGENCY- The term `eligible law enforcement
agency' means a tribal, State, or local law enforcement agency--
(A) located in a county no more than 100 miles from a United States
border with--
(B) located in a county more than 100 miles from any such border, but
where such county has been certified by the Secretary as a High Impact
Area.
(2) HIGH IMPACT AREA- The term `High Impact Area' means any county designated
by the Secretary as such, taking into consideration--
(A) whether local law enforcement agencies in that county have the resources
to protect the lives, property, safety, or welfare of the residents
of that county;
(B) the relationship between any lack of security along the United States
border and the rise, if any, of criminal activity in that county; and
(C) any other unique challenges that local law enforcement face due
to a lack of security along the United States border.
(e) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated $50,000,000 for
each of fiscal years 2008 through 2012 to carry out the provisions of
this section.
(2) DIVISION OF AUTHORIZED FUNDS- Of the amounts authorized under paragraph
(1)--
(A) 2/3 shall be set aside for eligible law enforcement agencies located
in the 6 States with the largest number of undocumented alien apprehensions;
and
(B) 1/3 shall be set aside for areas designated as a High Impact Area
under subsection (d).
(f) Supplement Not Supplant- Amounts appropriated for grants under this
section shall be used to supplement and not supplant other State and local
public funds obligated for the purposes provided under this title.
SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.
Nothing in this subtitle shall be construed to authorize State or local
law enforcement agencies or their officers to exercise Federal immigration
law enforcement authority.
Subtitle E--Rapid Response Measures
SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS.
(a) Emergency Deployment of Border Patrol Agents-
(1) IN GENERAL- If the Governor of a State on an international border
of the United States declares an international border security emergency
and requests additional United States Border Patrol agents (referred to
in this subtitle as `agents') from the Secretary, the Secretary, subject
to paragraphs (1) and (2), may provide the State with not more than 1,000
additional agents for the purpose of patrolling and defending the international
border, in order to prevent individuals from crossing the international
border into the United States at any location other than an authorized
port of entry.
(2) CONSULTATION- Upon receiving a request for agents under paragraph
(1), the Secretary, after consultation with the President, shall grant
such request to the extent that providing such agents will not significantly
impair the Department's ability to provide border security for any other
State.
(3) COLLECTIVE BARGAINING- Emergency deployments under this subsection
shall be made in accordance with all applicable collective bargaining
agreements and obligations.
(b) Elimination of Fixed Deployment of Border Patrol Agents- The Secretary
shall ensure that agents are not precluded from performing patrol duties
and apprehending violators of law, except in unusual circumstances if the
temporary use of fixed deployment positions is necessary.
(c) Increase in Full-Time Border Patrol Agents- Section 5202(a)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734),
as amended by section 101(b)(2), is further amended by striking `2,000'
and inserting `3,000'.
SEC. 152. BORDER PATROL MAJOR ASSETS.
(a) Control of Border Patrol Assets- The United States Border Patrol shall
have complete and exclusive administrative and operational control over
all the assets utilized in carrying out its mission, including, aircraft,
watercraft, vehicles, detention space, transportation, and all of the personnel
associated with such assets.
(b) Helicopters and Power Boats-
(1) HELICOPTERS- The Secretary shall increase, by not less than 100, the
number of helicopters under the control of the United States Border Patrol.
The Secretary shall ensure that appropriate types of helicopters are procured
for the various missions being performed.
(2) POWER BOATS- The Secretary shall increase, by not less than 250, the
number of power boats under the control of the United States Border Patrol.
The Secretary shall ensure that the types of power boats that are procured
are appropriate for both the waterways in which they are used and the
mission requirements.
(3) USE AND TRAINING- The Secretary shall--
(A) establish an overall policy on how the helicopters and power boats
procured under this subsection will be used; and
(B) implement training programs for the agents who use such assets,
including safe operating procedures and rescue operations.
(1) QUANTITY- The Secretary shall establish a fleet of motor vehicles
appropriate for use by the United States Border Patrol that will permit
a ratio of not less than 1 police-type vehicle for every 3 agents. These
police-type vehicles shall be replaced not less than every 3 years. The
Secretary shall ensure that there are sufficient numbers and types of
other motor vehicles to support the mission of the United States Border
Patrol.
(2) FEATURES- All motor vehicles purchased for the United States Border
Patrol shall--
(A) be appropriate for the mission of the United States Border Patrol;
and
(B) have a panic button and a global positioning system device that
is activated solely in emergency situations to track the location of
agents in distress.
SEC. 153. ELECTRONIC EQUIPMENT.
(a) Portable Computers- The Secretary shall ensure that each police-type
motor vehicle in the fleet of the United States Border Patrol is equipped
with a portable computer with access to all necessary law enforcement databases
and otherwise suited to the unique operational requirements of the United
States Border Patrol.
(b) Radio Communications- The Secretary shall augment the existing radio
communications system so that all law enforcement personnel working in each
area where United States Border Patrol operations are conducted have clear
and encrypted 2-way radio communication capabilities at all times. Each
portable communications device shall be equipped with a panic button and
a global positioning system device that is activated solely in emergency
situations to track the location of agents in distress.
(c) Hand-Held Global Positioning System Devices- The Secretary shall ensure
that each United States Border Patrol agent is issued a state-of-the-art
hand-held global positioning system device for navigational purposes.
(d) Night Vision Equipment- The Secretary shall ensure that sufficient quantities
of state-of-the-art night vision equipment are procured and maintained to
enable each United States Border Patrol agent working during the hours of
darkness to be equipped with a portable night vision device.
SEC. 154. PERSONAL EQUIPMENT.
(a) Border Armor- The Secretary shall ensure that every agent is issued
high-quality body armor that is appropriate for the climate and risks faced
by the agent. Each agent shall be permitted to select from among a variety
of approved brands and styles. Agents shall be strongly encouraged, but
not required, to wear such body armor whenever practicable. All body armor
shall be replaced not less than every 5 years.
(b) Weapons- The Secretary shall ensure that agents are equipped with weapons
that are reliable and effective to protect themselves, their fellow agents,
and innocent third parties from the threats posed by armed criminals. The
Secretary shall ensure that the policies of the Department authorize all
agents to carry weapons that are suited to the potential threats that they
face.
(c) Uniforms- The Secretary shall ensure that all agents are provided with
all necessary uniform items, including outerwear suited to the climate,
footwear, belts, holsters, and personal protective equipment, at no cost
to such agents. Such items shall be replaced at no cost to such agents as
they become worn, unserviceable, or no longer fit properly.
SEC. 155. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary such sums as may
be necessary for each of the fiscal years 2008 through 2012 to carry out
this subtitle.
TITLE II--INTERIOR ENFORCEMENT
SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.
(a) Asylum- Section 208(b)(2)(A)(v) (8 U.S.C. 1158(b)(2)(A)(v)) is amended
by striking `or (VI)' and inserting `(V), (VI), (VII), or (VIII)'.
(b) Cancellation of Removal- Section 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is
amended--
(1) by striking `inadmissible under' and inserting `described in'; and
(2) by striking `deportable under' and inserting `described in'.
(c) Voluntary Departure- Section 240B(b)(1)(C) (8 U.S.C. 1229c(b)(1)(C))
is amended by striking `deportable under section 237(a)(2)(A)(iii) or section
237(a)(4)' and inserting `described in paragraph (2)(A)(iii) or (4) of section
237(a)'.
(d) Restriction on Removal- Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B))
is amended--
(1) in clause (iii), by striking `or' at the end;
(2) in clause (iv) by striking the period at the end and inserting `;
or';
(3) by inserting after clause (iv) the following:
`(v) the alien is described in section 237(a)(4)(B) (other than an
alien described in section 212(a)(3)(B)(i)(IV) if the Secretary of
Homeland Security determines that there are not reasonable grounds
for regarding the alien as a danger to the security of the United
States).'; and
(4) in the undesignated paragraph, by striking `For purposes of clause
(iv), an alien who is described in section 237(a)(4)(B) shall be considered
to be an alien with respect to whom there are reasonable grounds for regarding
as a danger to the security of the United States.'.
(e) Record of Admission- Section 249 (8 U.S.C. 1259) is amended to read
as follows:
`SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF
CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO JANUARY 1, 1972.
`A record of lawful admission for permanent residence may be made, in the
discretion of the Secretary of Homeland Security and under such regulations
as the Secretary may prescribe, for any alien, as of the date of the approval
of the alien's application or, if entry occurred before July 1, 1924, as
of the date of such entry if no such record is otherwise available, if the
alien establishes that the alien--
`(1) is not described in section 212(a)(3)(E) or in section 212(a) (insofar
as it relates to criminals, procurers, other immoral persons, subversives,
violators of the narcotics laws, or smugglers of aliens);
`(2) entered the United States before January 1, 1972;
`(3) has resided in the United States continuously since such entry;
`(4) is a person of good moral character;
`(5) is not ineligible for citizenship; and
`(6) is not described in section 237(a)(4)(B).'.
(f) Effective Date and Application- The amendments made by this section
shall--
(1) take effect on the date of the enactment of this Act; and
(2) apply to any act or condition constituting a ground for inadmissibility,
excludability, or removal occurring or existing on or after the date of
the enactment of this Act.
SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
(1) AMENDMENTS- Section 241(a) (8 U.S.C. 1231(a)) is amended--
(A) by striking `Attorney General' the first place it appears and inserting
`Secretary of Homeland Security';
(B) by striking `Attorney General' any other place it appears and inserting
`Secretary';
(i) in subparagraph (B), by amending clause (ii) to read as follows:
`(ii) If a court, the Board of Immigration Appeals, or an immigration
judge orders a stay of the removal of the alien, the expiration date
of the stay of removal.';
(ii) by amending subparagraph (C) to read as follows:
`(C) EXTENSION OF PERIOD- The removal period shall be extended beyond
a period of 90 days and the alien may remain in detention during such
extended period if the alien fails or refuses to--
`(i) make all reasonable efforts to comply with the removal order;
or
`(ii) fully cooperate with the Secretary's efforts to establish the
alien's identity and carry out the removal order, including failing
to make timely application in good faith for travel or other documents
necessary to the alien's departure, or conspiring or acting to prevent
the alien's removal.'; and
(iii) by adding at the end the following:
`(D) TOLLING OF PERIOD- If, at the time described in subparagraph (B),
the alien is not in the custody of the Secretary under the authority
of this Act, the removal period shall not begin until the alien is taken
into such custody. If the Secretary lawfully transfers custody of the
alien during the removal period to another Federal agency or to a State
or local government agency in connection with the official duties of
such agency, the removal period shall be tolled, and shall recommence
on the date on which the alien is returned to the custody of the Secretary.';
(D) in paragraph (2), by adding at the end the following: `If a court,
the Board of Immigration Appeals, or an immigration judge orders a stay
of removal of an alien who is subject to an administrative final order
of removal, the Secretary, in the exercise of discretion, may detain
the alien during the pendency of such stay of removal.';
(E) in paragraph (3), by amending subparagraph (D) to read as follows:
`(D) to obey reasonable restrictions on the alien's conduct or activities,
or to perform affirmative acts, that the Secretary prescribes for the
alien--
`(i) to prevent the alien from absconding;
`(ii) for the protection of the community; or
`(iii) for other purposes related to the enforcement of the immigration
laws.';
(F) in paragraph (6), by striking `removal period and, if released,'
and inserting `removal period, in the discretion of the Secretary, without
any limitations other than those specified in this section, until the
alien is removed. If an alien is released, the alien';
(G) by redesignating paragraph (7) as paragraph (10); and
(H) by inserting after paragraph (6) the following:
`(7) PAROLE- If an alien detained pursuant to paragraph (6) is an applicant
for admission, the Secretary of Homeland Security, in the Secretary's
discretion, may parole the alien under section 212(d)(5) and may provide,
notwithstanding section 212(d)(5), that the alien shall not be returned
to custody unless either the alien violates the conditions of the alien's
parole or the alien's removal becomes reasonably foreseeable, provided
that in no circumstance shall such alien be considered admitted.
`(8) ADDITIONAL RULES FOR DETENTION OR RELEASE OF ALIENS- The following
procedures shall apply to an alien detained under this section:
`(A) DETENTION REVIEW PROCESS FOR ALIENS WHO HAVE EFFECTED AN ENTRY
AND FULLY COOPERATE WITH REMOVAL- The Secretary of Homeland Security
shall establish an administrative review process to determine whether
an alien described in subparagraph (B) should be detained or released
after the removal period in accordance with this paragraph.
`(B) ALIEN DESCRIBED- An alien is described in this subparagraph if
the alien--
`(i) has effected an entry into the United States;
`(ii) has made all reasonable efforts to comply with the alien's removal
order;
`(iii) has cooperated fully with the Secretary's efforts to establish
the alien's identity and to carry out the removal order, including
making timely application in good faith for travel or other documents
necessary for the alien's departure; and
`(iv) has not conspired or acted to prevent removal.
`(C) EVIDENCE- In making a determination under subparagraph (A), the
Secretary--
`(i) shall consider any evidence submitted by the alien;
`(ii) may consider any other evidence, including--
`(I) any information or assistance provided by the Department of
State or other Federal agency; and
`(II) any other information available to the Secretary pertaining
to the ability to remove the alien.
`(D) AUTHORITY TO DETAIN FOR 90 DAYS BEYOND REMOVAL PERIOD- The Secretary,
in the exercise of the Secretary's discretion and without any limitations
other than those specified in this section, may detain an alien for
90 days beyond the removal period (including any extension of the removal
period under paragraph (1)(C)).
`(E) AUTHORITY TO DETAIN FOR ADDITIONAL PERIOD- The Secretary, in the
exercise of the Secretary's discretion and without any limitations other
than those specified in this section, may detain an alien beyond the
90-day period authorized under subparagraph (D) until the alien is removed,
if the Secretary--
`(i) determines that there is a significant likelihood that the alien
will be removed in the reasonably foreseeable future; or
`(ii) certifies in writing--
`(I) in consultation with the Secretary of Health and Human Services,
that the alien has a highly contagious disease that poses a threat
to public safety;
`(II) after receipt of a written recommendation from the Secretary
of State, that the release of the alien would likely have serious
adverse foreign policy consequences for the United States;
`(III) based on information available to the Secretary (including
classified, sensitive, or national security information, and regardless
of the grounds upon which the alien was ordered removed), that there
is reason to believe that the release of the alien would threaten
the national security of the United States;
`(aa) the release of the alien would threaten the safety of the
community or any person, and conditions of release cannot reasonably be
expected to ensure the safety of the community or any person; and
`(bb) the alien--
`(AA) has been convicted of 1 or more aggravated felonies (as defined
in section 101(a)(43)(A)), or of 1 or more attempts or conspiracies to commit
any such aggravated felonies for an aggregate term of imprisonment of at
least 5 years; or
`(BB) has committed a crime of violence (as defined in section 16 of title
18, United States Code, but not including a purely political offense) and,
because of a mental condition or personality disorder and behavior associated
with that condition or disorder, is likely to engage in acts of violence
in the future; or
`(aa) the release of the alien would threaten the safety of the
community or any person, notwithstanding conditions of release designed
to ensure the safety of the community or any person; and
`(bb) the alien has been convicted of 1 or more aggravated felonies
(as defined in section 101(a)(43)) for which the alien was sentenced to
an aggregate term of imprisonment of not less than 1 year.
`(F) ADMINISTRATIVE REVIEW PROCESS- The Secretary, without any limitations
other than those specified in this section, may detain an alien pending
a determination under subparagraph (E)(ii), if the Secretary has initiated
the administrative review process identified in subparagraph (A) not
later than 30 days after the expiration of the removal period (including
any extension of the removal period under paragraph (1)(C)).
`(G) RENEWAL AND DELEGATION OF CERTIFICATION-
`(i) RENEWAL- The Secretary may renew a certification under subparagraph
(E)(ii) every 6 months, without limitation, after providing the alien
with an opportunity to request reconsideration of the certification
and to submit documents or other evidence in support of that request.
If the Secretary does not renew such certification, the Secretary
shall release the alien, pursuant to subparagraph (H).
`(ii) DELEGATION- Notwithstanding any other provision of law, the
Secretary may not delegate the authority to make or renew a certification
described in subclause (II), (III), or (V) of subparagraph (E)(ii)
to any employee reporting to the Assistant Secretary for Immigration
and Customs Enforcement.
`(iii) HEARING- The Secretary may request that the Attorney General,
or a designee of the Attorney General, provide for a hearing to make
the determination described in subparagraph (E)(ii)(IV)(bb)(BB).
`(H) RELEASE ON CONDITIONS- If it is determined that an alien should
be released from detention, the Secretary may, in the Secretary's discretion,
impose conditions on release in accordance with the regulations prescribed
pursuant to paragraph (3).
`(I) REDETENTION- The Secretary, without any limitations other than
those specified in this section, may detain any alien subject to a final
removal order who has previously been released from custody if--
`(i) the alien fails to comply with the conditions of release;
`(ii) the alien fails to continue to satisfy the conditions described
in subparagraph (B); or
`(iii) upon reconsideration, the Secretary determines that the alien
can be detained under subparagraph (E).
`(J) APPLICABILITY- This paragraph and paragraphs (6) and (7) shall
apply to any alien returned to custody under subparagraph (I) as if
the removal period terminated on the day of the redetention.
`(K) DETENTION REVIEW PROCESS FOR ALIENS WHO HAVE EFFECTED AN ENTRY
AND FAIL TO COOPERATE WITH REMOVAL- The Secretary shall detain an alien
until the alien makes all reasonable efforts to comply with a removal
order and to cooperate fully with the Secretary's efforts, if the alien--
`(i) has effected an entry into the United States; and
`(ii)(I) and the alien faces a significant likelihood that the alien
will be removed in the reasonably foreseeable future, or would have
been removed if the alien had not--
`(aa) failed or refused to make all reasonable efforts to comply
with a removal order;
`(bb) failed or refused to fully cooperate with the Secretary's
efforts to establish the alien's identity and carry out the removal
order, including the failure to make timely application in good
faith for travel or other documents necessary to the alien's departure;
or
`(cc) conspired or acted to prevent removal; or
`(II) the Secretary makes a certification as specified in subparagraph
(E), or the renewal of a certification specified in subparagraph (G).
`(L) DETENTION REVIEW PROCESS FOR ALIENS WHO HAVE NOT EFFECTED AN ENTRY-
Except as otherwise provided in this subparagraph, the Secretary shall
follow the guidelines established in section 241.4 of title 8, Code
of Federal Regulations, when detaining aliens who have not effected
an entry. The Secretary may decide to apply the review process outlined
in this paragraph.
`(9) JUDICIAL REVIEW- Without regard to the place of confinement, judicial
review of any action or decision made pursuant to paragraph (6), (7),
or (8) shall be available exclusively in a habeas corpus proceeding brought
in a United States district court and only if the alien has exhausted
all administrative remedies (statutory and nonstatutory) available to
the alien as of right.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1)--
(A) shall take effect on the date of the enactment of this Act; and
(i) any alien subject to a final administrative removal, deportation,
or exclusion order that was issued before, on, or after the date of
the enactment of this Act; and
(ii) any act or condition occurring or existing before, on, or after
the date of the enactment of this Act.
(b) Criminal Detention of Aliens- Section 3142 of title 18, United States
Code, is amended--
(A) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A),
(B), and (C), respectively;
(B) by inserting `(1)' before `If, after a hearing';
(C) in subparagraphs (B) and (C), as redesignated, by striking `paragraph
(1)' and inserting `subparagraph (A)'; and
(D) by adding after subparagraph (C), as redesignated, the following:
`(2) 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--
`(B)(i) has no lawful immigration status in the United States;
`(ii) is the subject of a final order of removal; or
`(iii) has committed a felony offense under section 911, 922(g)(5), 1015,
1028, 1425, or 1426 of this title, chapter 75 or 77 of this title, or
section 243, 274, 275, 276, 277, or 278 of the Immigration and Nationality
Act (8 U.S.C. 1253, 1324, 1325, 1326, 2327, and 1328).'; and
(2) in subsection (g)(3)--
(A) in subparagraph (A), by striking `and' at the end; and
(B) by adding at the end the following:
`(C) the person's immigration status; and'.
SEC. 203. AGGRAVATED FELONY.
(a) Definition of Aggravated Felony- Section 101(a)(43) (8 U.S.C. 1101(a)(43))
is amended--
(1) by striking `The term `aggravated felony' means--' and inserting `Notwithstanding
any other provision of law (except for the provision providing an effective
date for section 203 of the Border Security and Immigration Reform Act
of 2007), the term `aggravated felony' applies to an offense described
in this paragraph, whether in violation of Federal or State law and 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, even
if the length of the term of imprisonment is based on recidivist or other
enhancements and regardless of whether the conviction was entered before,
on, or after September 30, 1996, and means--';
(2) in subparagraph (A), by striking `murder, rape, or sexual abuse of
a minor;' and inserting `murder, rape, or sexual abuse of a minor, whether
or not the minority of the victim is established by evidence contained
in the record of conviction or by evidence extrinsic to the record of
conviction;';
(3) in subparagraph (N), by striking `paragraph (1)(A) or (2) of';
(4) 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 276 for which the term of imprisonment is at least 1 year';
(5) in subparagraph (U), by striking `an attempt or conspiracy to commit
an offense described in this paragraph' and inserting `aiding or abetting
an offense described in this paragraph, or soliciting, counseling, procuring,
commanding, or inducing another, attempting, or conspiring to commit such
an offense'; and
(6) by striking the undesignated matter following subparagraph (U).
(b) Effective Date and Application-
(1) IN GENERAL- The amendments made by subsection (a) shall--
(A) take effect on the date of the enactment of this Act; and
(B) apply to any act that occurred on or after the date of the enactment
of this Act.
(2) APPLICATION OF IIRAIRA AMENDMENTS- The amendments to section 101(a)(43)
of the Immigration and Nationality Act made by section 321 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (division
C of Public Law 104-208; 110 Stat. 3009-627) shall continue to apply,
whether the conviction was entered before, on, or after September 30,
1996.
SEC. 204. TERRORIST BARS.
(a) Definition of Good Moral Character- Section 101(f) (8 U.S.C. 1101(f))
is amended--
(1) by inserting after paragraph (1) the following:
`(2) an alien described in section 212(a)(3) or 237(a)(4), as determined
by the Secretary of Homeland Security or Attorney General based upon any
relevant information or evidence, including classified, sensitive, or
national security information;';
(2) in paragraph (8), by striking `(as defined in subsection (a)(43))'
and inserting the following: `, regardless of whether the crime was defined
as an aggravated felony under subsection (a)(43) at the time of the conviction,
unless--
`(A) the person completed the term of imprisonment and sentence not
later than 10 years before the date of application; and
`(B) the Secretary of Homeland Security or the Attorney General waives
the application of this paragraph; or'; and
(3) in the undesignated matter following paragraph (9), by striking `a
finding that for other reasons such person is or was not of good moral
character' and inserting the following: `a discretionary finding for other
reasons that such a person is or was not of good moral character. In determining
an applicant's moral character, the Secretary of Homeland Security and
the Attorney General may take into consideration the applicant's conduct
and acts at any time and are not limited to the period during which good
moral character is required.'.
(b) Pending Proceedings- Section 204(b) (8 U.S.C. 1154(b)) is amended by
adding at the end the following: `A petition may not be approved under this
section if there is any administrative or judicial proceeding (whether civil
or criminal) pending against the petitioner that could directly or indirectly
result in the petitioner's denaturalization or the loss of the petitioner's
lawful permanent resident status.'.
(c) Conditional Permanent Resident Status-
(1) IN GENERAL- Section 216(e) (8 U.S.C. 1186a(e)) is amended by inserting
`if the alien has had the conditional basis removed pursuant to this section'
before the period at the end.
(2) CERTAIN ALIEN ENTREPRENEURS- Section 216A(e) (8 U.S.C. 1186b(e)) is
amended by inserting `if the alien has had the conditional basis removed
pursuant to this section' before the period at the end.
(d) Judicial Review of Naturalization Applications- Section 310(c) (8 U.S.C.
1421(c)) is amended--
(1) by inserting `, not later than 120 days after the Secretary of Homeland
Security's final determination,' after `may'; and
(2) by adding at the end the following: `Except that in any proceeding,
other than a proceeding under section 340, the court shall review for
substantial evidence the administrative record and findings of the Secretary
of Homeland Security regarding whether an alien is a person of good moral
character, understands and is attached to the principles of the Constitution
of the United States, or is well disposed to the good order and happiness
of the United States. The petitioner shall have the burden of showing
that the Secretary's denial of the application was contrary to law.'.
(e) Persons Endangering National Security- Section 316 (8 U.S.C. 1427) is
amended by adding at the end the following:
`(g) Persons Endangering the National Security- A person may not be naturalized
if the Secretary of Homeland Security determines, based upon any relevant
information or evidence, including classified, sensitive, or national security
information, that the person was once an alien described in section 212(a)(3)
or 237(a)(4).'.
(f) Concurrent Naturalization and Removal Proceedings- Section 318 (8 U.S.C.
1429) is amended by striking `the Attorney General if' and all that follows
and inserting: `the Secretary of Homeland Security or any court if there
is pending against the applicant any removal proceeding or other proceeding
to determine the applicant's inadmissibility or deportability, or to determine
whether the applicant's lawful permanent resident status should be rescinded,
regardless of when such proceeding was commenced. The findings of the Attorney
General in terminating removal proceedings or canceling the removal of an
alien under this Act shall not be deemed binding in any way upon the Secretary
of Homeland Security with respect to the question of whether such person
has established eligibility for naturalization in accordance with this title.'.
(g) District Court Jurisdiction- Section 336(b) (8 U.S.C. 1447(b)) is amended
to read as follows:
`(b) Request for Hearing Before District Court- If there is a failure to
render a final administrative decision under section 335 before the end
of the 180-day period beginning on the date on which the Secretary of Homeland
Security completes all examinations and interviews required under such section,
the applicant may apply to the district court for the district in which
the applicant resides for a hearing on the matter. The Secretary shall notify
the applicant when such examinations and interviews have been completed.
Such district court shall only have jurisdiction to review the basis for
delay and remand the matter, with appropriate instructions, to the Secretary
for the Secretary's determination on the application.'.
(h) Effective Date- The amendments made by this section--
(1) shall take effect on the date of the enactment of this Act; and
(2) shall apply to any act that occurred on or after such date of enactment.
SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE, REMOVAL,
AND ALIEN SMUGGLING.
(a) Criminal Street Gangs-
(1) INADMISSIBILITY- Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as subparagraph (J); and
(B) by inserting after subparagraph (E) the following:
`(F) MEMBERS OF CRIMINAL STREET GANGS- Unless the Secretary of Homeland
Security or the Attorney General waives the application of this subparagraph,
any alien who a consular officer, the Attorney General, or the Secretary
of Homeland Security knows or has reason to believe--
`(i) is, or has been, a member of a criminal street gang (as defined
in section 521(a) of title 18, United States Code); or
`(ii) has participated in the activities of a criminal street gang,
knowing or having reason to know that such activities promoted, furthered,
aided, or supported the illegal activity of the criminal gang,
(2) DEPORTABILITY- Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended
by adding at the end the following:
`(F) MEMBERS OF CRIMINAL STREET GANGS- Unless the Secretary of Homeland
Security or the Attorney General waives the application of this subparagraph,
any alien who the Secretary of Homeland Security or the Attorney General
knows or has reason to believe--
`(i) is, or at any time after admission has been, a member of a criminal
street gang (as defined in section 521(a) of title 18, United States
Code); or
`(ii) has participated in the activities of a criminal street gang,
knowing or having reason to know that such activities promoted, furthered,
aided, or supported the illegal activity of the criminal gang,
(3) TEMPORARY PROTECTED STATUS- Section 244 (8 U.S.C. 1254a) is amended--
(A) by striking `Attorney General' each place it appears and inserting
`Secretary of Homeland Security';
(B) in subsection (b)(3)--
(i) in subparagraph (B), by striking the last sentence and inserting
the following: `Notwithstanding any other provision of this section,
the Secretary of Homeland Security may, for any reason (including
national security), terminate or modify any designation under this
section. Such termination or modification is effective upon publication
in the Federal Register, or after such time as the Secretary may designate
in the Federal Register.';
(ii) in subparagraph (C), by striking `a period of 12 or 18 months'
and inserting `any other period not to exceed 18 months';
(i) in paragraph (1)(B), by striking `The amount of any such fee shall
not exceed $50.';
(ii) in paragraph (2)(B)--
(I) in clause (i), by striking `, or' at the end;
(II) in clause (ii), by striking the period at the end and inserting
`; or'; and
(III) by adding at the end the following:
`(iii) the alien is, or at any time after admission has been, a member
of a criminal street gang (as defined in section 521(a) of title 18,
United States Code).'; and
(i) by striking paragraph (3); and
(ii) in paragraph (4), by adding at the end the following: `The Secretary
of Homeland Security may detain an alien provided temporary protected
status under this section whenever appropriate under any other provision
of law.'.
(b) Penalties Related to Removal- Section 243 (8 U.S.C. 1253) is amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by inserting `212(a) or'
after `section'; and
(B) in the matter following subparagraph (D)--
(i) by striking `or imprisoned not more than four years' and inserting
`and imprisoned for not less than 6 months or more than 5 years';
and
(ii) by striking `, or both';
(2) in subsection (b), by striking `not more than $1000 or imprisoned
for not more than one year, or both' and inserting `under title 18, United
States Code, and imprisoned for not less than 6 months or more than 5
years (or for not more than 10 years if the alien is a member of any of
the classes described in paragraphs (1)(E), (2), (3), and (4) of section
237(a)).'; and
(3) by amending subsection (d) to read as follows:
`(d) Denying Visas to Nationals of Country Denying or Delaying Accepting
Alien- The Secretary of Homeland Security, after making a determination
that the government of a foreign country has denied or unreasonably delayed
accepting an alien who is a citizen, subject, national, or resident of that
country after the alien has been ordered removed, and after consultation
with the Secretary of State, may instruct the Secretary of State to deny
a visa to any citizen, subject, national, or resident of that country until
the country accepts the alien that was ordered removed.'.
(c) Alien Smuggling and Related Offenses-
(1) IN GENERAL- Section 274 (8 U.S.C. 1324), is amended to read as follows:
`SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.
`(a) Criminal Offenses and Penalties-
`(1) PROHIBITED ACTIVITIES- Except as provided in paragraph (3), a person
shall be punished as provided under paragraph (2), if the person--
`(A) facilitates, encourages, directs, or induces a person to come to
or enter the United States, or to cross the border to the United States,
knowing or in reckless disregard of the fact that such person is an
alien who lacks lawful authority to come to, enter, or cross the border
to the United States;
`(B) facilitates, encourages, directs, or induces a person to come to
or enter the United States, or to cross the border to 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, knowing or in reckless
disregard of the fact that such person is an alien and regardless of
whether such alien has official permission or lawful authority to be
in the United States;
`(C) 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 1
country to another or on the high seas, under circumstances in which
the alien is seeking to enter the United States without official permission
or legal authority;
`(D) encourages or induces a person to reside 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 the United States;
`(E) 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, if the transportation
or movement will further the alien's illegal entry into or illegal presence
in the United States;
`(F) 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; or
`(G) conspires or attempts to commit any of the acts described in subparagraphs
(A) through (F).
`(2) CRIMINAL PENALTIES- A person who violates any provision under paragraph
(1)--
`(A) except as provided in subparagraphs (C) through (G), if the offense
was not committed for commercial advantage, profit, or private financial
gain, shall be fined under title 18, United States Code, imprisoned
for not more than 5 years, or both;
`(B) except as provided in subparagraphs (C) through (G), if the offense
was committed for commercial advantage, profit, or private financial
gain--
`(i) if the violation is the offender's first violation under this
subparagraph, shall be fined under such title, imprisoned for not
more than 20 years, or both; or
`(ii) if the violation is the offender's second or subsequent violation
of this subparagraph, shall be fined under such title, imprisoned
for not less than 3 years or more than 20 years, or both;
`(C) if the offense furthered or aided the commission of any other offense
against the United States or any State that is punishable by imprisonment
for more than 1 year, shall be fined under such title, imprisoned for
not less than 5 years or more than 20 years, or both;
`(D) shall be fined under such title, imprisoned not less than 5 years
or more than 20 years, or both, if the offense created a substantial
and foreseeable risk of death, a substantial and foreseeable risk of
serious bodily injury (as defined in section 2119(2) of title 18, United
States Code), or inhumane conditions to another person, including--
`(i) transporting the person in an engine compartment, storage compartment,
or other confined space;
`(ii) transporting the person at an excessive speed or in excess of
the rated capacity of the means of transportation; or
`(iii) transporting the person in, harboring the person in, or otherwise
subjecting the person to crowded or dangerous conditions;
`(E) if the offense caused serious bodily injury (as defined in section
2119(2) of title 18, United States Code) to any person, shall be fined
under such title, imprisoned for not less than 7 years or more than
30 years, or both;
`(F) shall be fined under such title and imprisoned for not less than
10 years or more than 30 years if the offense involved an alien who
the offender knew or had reason to believe was--
`(i) engaged in terrorist activity (as defined in section 212(a)(3)(B));
or
`(ii) intending to engage in terrorist activity;
`(G) if the offense caused or resulted in the death of any person, shall
be punished by death or imprisoned for a term of years not less than
10 years and up to life, and fined under title 18, United States Code.
`(3) LIMITATION- It is not a violation of subparagraph (D), (E), or (F)
of paragraph (1)--
`(A) for a religious denomination having a bona fide nonprofit, religious
organization in the United States, or the agents or officers of such
denomination or organization, to encourage, invite, call, allow, or
enable an alien who is present in the United States to perform the vocation
of a minister or missionary for the denomination or organization in
the United States as a volunteer who is not compensated as an employee,
notwithstanding the provision of room, board, travel, medical assistance,
and other basic living expenses, provided the minister or missionary
has been a member of the denomination for at least 1 year; or
`(B) for an individual or organization, not previously convicted of
a violation of this section, to provide an alien who is present in the
United States with humanitarian assistance, including medical care,
housing, counseling, victim services, and food, or to transport the
alien to a location where such assistance can be rendered.
`(4) EXTRATERRITORIAL JURISDICTION- There is extraterritorial Federal
jurisdiction over the offenses described in this subsection.
`(b) Employment of Unauthorized Aliens-
`(1) CRIMINAL OFFENSE AND PENALTIES- Any person who, during any 12-month
period, knowingly employs 10 or more individuals with actual knowledge
or in reckless disregard of the fact that the individuals are aliens described
in paragraph (2), shall be fined under title 18, United States Code, imprisoned
for not more than 10 years, or both.
`(2) DEFINITION- An alien described in this paragraph is an alien who--
`(A) is an unauthorized alien (as defined in section 274A);
`(B) is present in the United States without lawful authority; and
`(C) has been brought into the United States in violation of this subsection.
`(c) Seizure and Forfeiture-
`(1) IN GENERAL- Any real or personal property 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, except that such duties as
are imposed upon the Secretary of the Treasury under the customs laws
described in section 981(d) shall be performed by such officers, agents,
and other persons as may be designated for that purpose by the Secretary
of Homeland Security.
`(3) PRIMA FACIE EVIDENCE IN DETERMINATIONS OF VIOLATIONS- In determining
whether a violation of subsection (a) has occurred, prima facie evidence
that an alien involved in the alleged violation lacks lawful authority
to come to, enter, reside in, remain in, or be in the United States or
that such alien had come to, entered, resided in, remained in, or been
present in the United States in violation of law shall include--
`(A) any order, finding, or determination concerning the alien's status
or lack of status made by a Federal judge or administrative adjudicator
(including an immigration judge or immigration officer) during any judicial
or administrative proceeding authorized under Federal immigration law;
`(B) official records of the Department of Homeland Security, the Department
of Justice, or the Department of State concerning the alien's status
or lack of status; and
`(C) testimony by an immigration officer having personal knowledge of
the facts concerning the alien's status or lack of status.
`(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--
`(1) officers and employees designated by the Secretary of Homeland Security,
either individually or as a member of a class; and
`(2) other officers responsible for the enforcement of Federal criminal
laws.
`(e) Admissibility of Videotaped Witness 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--
`(1) the witness was available for cross examination at the deposition
by the party, if any, opposing admission of the testimony; and
`(2) the deposition otherwise complies with the Federal Rules of Evidence.
`(1) IN GENERAL- The Secretary of Homeland Security, in consultation with
the Attorney General and the Secretary of State, as appropriate, shall--
`(A) develop and implement an outreach program to educate people in
and out of the United States about the penalties for bringing in and
harboring aliens in violation of this section; and
`(B) establish the American Local and Interior Enforcement Needs (ALIEN)
Task Force to identify and respond to the use of Federal, State, and
local transportation infrastructure to further the trafficking of unlawful
aliens within the United States.
`(2) FIELD OFFICES- The Secretary of Homeland Security, after consulting
with State and local government officials, shall establish such field
offices as may be necessary to carry out this subsection.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
such sums are necessary for the fiscal years 2008 through 2012 to carry
out this subsection.
`(g) Definitions- In this section:
`(1) CROSSED THE BORDER INTO THE UNITED STATES- An alien is deemed to
have crossed the border into the United States regardless of whether the
alien is free from official restraint.
`(2) LAWFUL AUTHORITY- The term `lawful authority' means permission, authorization,
or license that is expressly provided for in the immigration laws of the
United States or accompanying regulations. The term does not include any
such authority secured by fraud or otherwise obtained in violation of
law or authority sought, but not approved. No alien shall be deemed to
have lawful authority to come to, enter, reside in, remain in, or be in
the United States if such coming to, entry, residence, remaining, or presence
was, is, or would be in violation of law.
`(3) PROCEEDS- The term `proceeds' includes any property or interest in
property obtained or retained as a consequence of an act or omission in
violation of this section.
`(4) UNLAWFUL TRANSIT- 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 the alien is traveling or moving.'.
(2) CLERICAL AMENDMENT- The table of contents is amended by striking the
item relating to section 274 and inserting the following:
`Sec. 274. Alien smuggling and related offenses.'.
(d) 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--
(A) in subparagraph (A), by inserting `, alien smuggling crime,' after
`any crime of violence';
(B) in subparagraph (A), by inserting `, alien smuggling crime,' after
`such crime of violence'; and
(C) in subparagraph (D)(ii), by inserting `, alien smuggling crime,'
after `crime of violence'; and
(2) by adding at the end the following:
`(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, and 1328).'.
SEC. 206. ILLEGAL ENTRY.
(a) In General- Section 275 (8 U.S.C. 1325) is amended to read as follows:
`SEC. 275. ILLEGAL ENTRY.
`(1) CRIMINAL OFFENSES- An alien shall be subject to the penalties set
forth in paragraph (2) if the alien--
`(A) knowingly enters or crosses the border into the United States at
any time or place other than as designated by the Secretary of Homeland
Security;
`(B) knowingly eludes examination or inspection by an immigration officer
(including failing to stop at the command of such officer), or a customs
or agriculture inspection at a port of entry; or
`(C) knowingly enters or crosses the border to the United States by
means of a knowingly false or misleading representation or the knowing
concealment of a material fact (including such representation or concealment
in the context of arrival, reporting, entry, or clearance requirements
of the customs laws, immigration laws, agriculture laws, or shipping
laws).
`(2) CRIMINAL PENALTIES- Any alien who violates any provision under paragraph
(1)--
`(A) shall, for the first violation, be fined under title 18, United
States Code, imprisoned not more than 6 months, or both;
`(B) shall, for a second or subsequent violation, or following an order
of voluntary departure, be fined under such title, imprisoned not more
than 2 years, or both;
`(C) if the violation occurred after the alien had been convicted of
3 or more misdemeanors or for a felony, shall be fined under such title,
imprisoned not more than 10 years, or both;
`(D) if the violation occurred after the alien had been convicted of
a felony for which the alien received a term of imprisonment of not
less than 30 months, shall be fined under such title, imprisoned not
more than 15 years, or both; and
`(E) if the violation occurred after the alien had been convicted of
a felony for which the alien received a term of imprisonment of not
less than 60 months, such alien shall be fined under such title, imprisoned
not more than 20 years, or both.
`(3) PRIOR CONVICTIONS- The prior convictions described in subparagraphs
(C) through (E) of paragraph (2) are elements of the offenses described
in that paragraph and the penalties in such subparagraphs shall apply
only in cases in which the conviction or convictions that form the basis
for the additional penalty are--
`(A) alleged in the indictment or information; and
`(B) proven beyond a reasonable doubt at trial or admitted by the defendant.
`(4) DURATION OF OFFENSE- An offense under this subsection continues until
the alien is discovered within the United States by an immigration officer.
`(5) ATTEMPT- Whoever attempts to commit any offense under this section
shall be punished in the same manner as for a completion of such offense.
`(b) Improper Time or Place; Civil Penalties-
`(1) IN GENERAL- Any alien who is apprehended while entering, attempting
to enter, or knowingly crossing or attempting to cross the border to the
United States at a time or place other than as designated by immigration
officers shall be subject to a civil penalty, in addition to any criminal
or other civil penalties that may be imposed under any other provision
of law, in an amount equal to--
`(A) not less than $50 or more than $250 for each such entry, crossing,
attempted entry, or attempted crossing; or
`(B) twice the amount specified in paragraph (1) if the alien had previously
been subject to a civil penalty under this subsection.
`(2) CROSSED THE BORDER DEFINED- In this section, an alien is deemed to
have crossed the border if the act was voluntary, regardless of whether
the alien was under observation at the time of the crossing.'.
(b) Clerical Amendment- The table of contents is amended by striking the
item relating to section 275 and inserting the following:
`Sec. 275. Illegal entry.'.
SEC. 207. ILLEGAL REENTRY.
Section 276 (8 U.S.C. 1326) is amended to read as follows:
`SEC. 276. REENTRY OF REMOVED ALIENS.
`(a) Reentry After Removal- Any alien who has been denied admission, excluded,
deported, or removed, or who has departed the United States while an order
of exclusion, deportation, or removal is outstanding, and subsequently enters,
attempts to enter, crosses the border to, attempts to cross the border to,
or is at any time found in the United States, shall be fined under title
18, United States Code, imprisoned not more than 2 years, or both.
`(b) Reentry of Criminal Offenders- Notwithstanding the penalty provided
in subsection (a), if an alien described in that subsection--
`(1) was convicted for 3 or more misdemeanors or a felony before such
removal or departure, the alien shall be fined under title 18, United
States Code, imprisoned not more than 10 years, or both;
`(2) was convicted for a felony before such removal or departure for which
the alien was sentenced to a term of imprisonment of not less than 30
months, the alien shall be fined under such title, imprisoned not more
than 15 years, or both;
`(3) was convicted for a felony before such removal or departure for which
the alien was sentenced to a term of imprisonment of not less than 60
months, the alien shall be fined under such title, imprisoned not more
than 20 years, or both;
`(4) was convicted for 3 felonies before such removal or departure, the
alien shall be fined under such title, imprisoned not more than 20 years,
or both; or
`(5) was convicted, before such removal or departure, for murder, rape,
kidnaping, or a felony offense described in chapter 77 (relating to peonage
and slavery) or 113B (relating to terrorism) of such title, the alien
shall be fined under such title, imprisoned not more than 20 years, or
both.
`(c) Reentry After Repeated Removal- Any alien who has been denied admission,
excluded, deported, or removed 3 or more times and thereafter enters, attempts
to enter, crosses the border to, attempts to cross the border to, or is
at any time found in the United States, shall be fined under title 18, United
States Code, imprisoned not more than 10 years, or both.
`(d) Proof of Prior Convictions- The prior convictions described in subsection
(b) are elements of the crimes described in that subsection, and the penalties
in that subsection shall apply only in cases in which the conviction or
convictions that form the basis for the additional penalty are--
`(1) alleged in the indictment or information; and
`(2) proven beyond a reasonable doubt at trial or admitted by the defendant.
`(e) Affirmative Defenses- It shall be an affirmative defense to a violation
of this section that--
`(1) prior to the alleged violation, the alien had sought and received
the express consent of the Secretary of Homeland Security to reapply for
admission into the United States; or
`(2) with respect to an alien previously denied admission and removed,
the alien--
`(A) was not required to obtain such advance consent under the Immigration
and Nationality Act or any prior Act; and
`(B) had complied with all other laws and regulations governing the
alien's admission into the United States.
`(f) Limitation on Collateral Attack on Underlying Removal Order- In a criminal
proceeding under this section, an alien may not challenge the validity of
any prior removal order concerning the alien unless the alien demonstrates
by clear and convincing evidence that--
`(1) the alien exhausted all administrative remedies that may have been
available to seek relief against the order;
`(2) the removal proceedings at which the order was issued improperly
deprived the alien of the opportunity for judicial review; and
`(3) the entry of the order was fundamentally unfair.
`(g) Reentry of Alien Removed Prior to Completion of Term of Imprisonment-
Any alien removed pursuant to section 241(a)(4) who enters, attempts to
enter, crosses the border to, attempts to cross the border to, or is at
any time found in, the United States shall be incarcerated for the remainder
of the sentence of imprisonment which was pending at the time of deportation
without any reduction for parole or supervised release unless the alien
affirmatively demonstrates that the Secretary of Homeland Security has expressly
consented to the alien's reentry. Such alien shall be subject to such other
penalties relating to the reentry of removed aliens as may be available
under this section or any other provision of law.
`(h) Limitation- It is not aiding and abetting a violation of this section
for an individual to provide an alien with emergency humanitarian assistance,
including emergency medical care and food, or to transport the alien to
a location where such assistance can be rendered without compensation or
the expectation of compensation.
`(i) Definitions- In this section:
`(1) CROSSES THE BORDER- The term `crosses the border' applies if an alien
acts voluntarily, regardless of whether the alien was under observation
at the time of the crossing.
`(2) FELONY- 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.
`(3) MISDEMEANOR- The term `misdemeanor' means any criminal offense punishable
by a term of imprisonment of not more than 1 year under the applicable
laws of the United States, any State, or a foreign government.
`(4) REMOVAL- The term `removal' includes any denial of admission, exclusion,
deportation, or removal, or any agreement by which an alien stipulates
or agrees to exclusion, deportation, or removal.
`(5) STATE- 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. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
(a) Passport, Visa, and Immigration Fraud-
(1) IN GENERAL- 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.
`1548. Attempts and conspiracies.
`1549. Alternative penalties for certain offenses.
`1550. Seizure and forfeiture.
`1551. Additional jurisdiction.
`1554. Authorized law enforcement activities.
`1555. Exception for refugees and asylees.
`Sec. 1541. Trafficking in passports
`(a) Multiple Passports- Any person who, during any 3-year period, 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 (including any supporting documentation),
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, 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
more than 20 years, or both.
`Sec. 1542. False statement in an application for a passport
`Any person who knowingly--
`(1) makes any false statement or representation in an application for
a United States passport (including any supporting documentation);
`(2) completes, mails, prepares, presents, signs, or submits an application
for a United States passport (including any supporting documentation)
knowing the application to contain any false statement or representation;
or
`(3) causes or attempts to cause the production of a passport at a facility
authorized by the Secretary of State for the production of passports by
means of any fraud or false application for a United States passport (including
any supporting documentation),
shall be fined under this title, imprisoned not more than 15 years, or both.
`Sec. 1543. Forgery and unlawful production of a passport
`(a) Forgery- Any person who--
`(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) 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 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
`(a) In General- 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.
`(b) Entry; Fraud- Any person who knowingly uses any passport, 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--
`(1) to enter or to attempt to enter the United States; or
`(2) to defraud the United States, a State, or a political subdivision
of a State,
shall be fined under this title, imprisoned not more than 15 years, or both.
`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 in any matter arising under Federal immigration
laws shall be fined under this title, imprisoned not more than 15 years,
or both.
`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 an immigration document to a person without
lawful authority for use if 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) Multiple Violations- Any person who, during any 3-year period, 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, 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 more than 20 years, or both.
`Sec. 1547. Marriage fraud
`(a) Evasion or Misrepresentation- Any person who--
`(1) knowingly enters into a marriage for the purpose of evading any provision
of the immigration laws; or
`(2) knowingly misrepresents the existence or circumstances of a marriage--
`(A) in an application or document authorized by the immigration laws;
or
`(B) 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 this title, imprisoned not more than 10 years, or both.
`(b) Multiple Marriages- Any person who--
`(1) knowingly enters into 2 or more marriages for the purpose of evading
any immigration law; or
`(2) knowingly arranges, supports, or facilitates 2 or more marriages
designed or intended to evade any immigration law,
shall be fined under this title, imprisoned not more than 20 years, or both.
`(c) Commercial Enterprise- Any person who knowingly establishes a commercial
enterprise for the purpose of evading any provision of the immigration laws
shall be fined under this title, imprisoned for not more than 10 years,
or both.
`(d) Duration of Offense-
`(1) IN GENERAL- An offense under subsection (a) or (b) continues until
the fraudulent nature of the marriage or marriages is discovered by an
immigration officer.
`(2) COMMERCIAL ENTERPRISE- An offense under subsection (c) continues
until the fraudulent nature of commercial enterprise is discovered by
an immigration officer or other law enforcement officer.
`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. Alternative penalties for certain offenses
`(a) Terrorism- Any person who violates any section of this chapter--
`(1) knowing that such violation will facilitate an act of international
terrorism or domestic terrorism (as those terms are defined in section
2331); or
`(2) with the intent to facilitate an act of international terrorism or
domestic terrorism,
shall be fined under this title, imprisoned not more than 25 years, or both.
`(b) Offense Against Government- Any person who violates any section of
this chapter--
`(1) knowing that such violation will 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; or
`(2) 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 more than 20 years, or both.
`Sec. 1550. Seizure and forfeiture
`(a) Forfeiture- Any property, real or personal, used to commit or facilitate
the commission of a violation of any section of this chapter, the gross
proceeds of such violation, and any property traceable to such property
or proceeds, shall be subject to forfeiture.
`(b) Applicable Law- Seizures and forfeitures under this section shall be
governed by the provisions of chapter 46 relating to civil forfeitures,
except that such duties as are imposed upon the Secretary of the Treasury
under the customs laws described in section 981(d) 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. 1551. 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 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 (as defined in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))
or an alien lawfully admitted for permanent residence in the United States
(as defined in section 101(a)(20) of such Act); or
`(6) the offender is a stateless person whose habitual residence is in
the United States.
`Sec. 1552. Additional venue
`(a) In General- An offense under section 1542 may be prosecuted--
`(1) in any district in which the false statement or representation was
made;
`(2) in 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.
`(b) Savings Clause- Nothing in this section limits the venue otherwise
available under sections 3237 and 3238.
`Sec. 1553. Definitions
`As used in 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 which is material to the purpose
for which the document was created, designed, or submitted.
`(2) The term `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'--
`(i) any passport or visa; or
`(ii) 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; and
`(B) 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 subparagraph (A) or (B).
`(6) The term `immigration proceeding' includes an adjudication, interview,
hearing, or review.
`(7) A person does not exercise `lawful authority' if the person abuses
or improperly exercises lawful authority the person otherwise holds.
`(8) 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.
`(9) The term `produce' means to make, prepare, assemble, issue, print,
authenticate, or alter.
`(10) The term `State' means a State of the United States, the District
of Columbia, or any commonwealth, territory, or possession of the United
States.
`Sec. 1554. 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 (84 Stat. 933).
`Sec. 1555. Exception for refugees, asylees, and other vulnerable persons
`(a) In General- If a person believed to have violated section 1542, 1544,
1546, or 1548 while attempting to enter the United States, without delay,
indicates an intention to apply for asylum under section 208 or 241(b)(3)
of the Immigration and Nationality Act (8 U.S.C. 1158 and 1231), or for
relief under the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (in accordance with section 208.17 of
title 8, Code of Federal Regulations), or under section 101(a)(15)(T), 101(a)(15)(U),
101(a)(27)(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in
effect prior to March 31, 1997) of such Act, or a credible fear of persecution
or torture--
`(1) the person shall be referred to an appropriate Federal immigration
official to review such claim and make a determination if such claim is
warranted;
`(2) if the Federal immigration official determines that the person qualifies
for the claimed relief, the person shall not be considered to have violated
any such section; and
`(3) if the Federal immigration official determines that the person does
not qualify for the claimed relief, the person shall be referred to an
appropriate Federal official for prosecution under this chapter.
`(b) Savings Provision- Nothing in this section shall be construed to diminish,
increase, or alter the obligations of refugees or the United States under
article 31(1) of the Convention Relating to the Status of Refugees, done
at Geneva July 28, 1951 (as made applicable by the Protocol Relating to
the Status of Refugees, done at New York January 31, 1967 (19 UST 6223)).'.
(2) CLERICAL AMENDMENT- The table of chapters in title 18, United States
Code, is amended by striking the item relating to chapter 75 and inserting
the following:
--1541'.
(b) Protection for Legitimate Refugees and Asylum Seekers- Section 208 (8
U.S.C. 1158) is amended by adding at the end the following:
`(e) Protection for Legitimate Refugees and Asylum Seekers- The Attorney
General, in consultation with the Secretary of Homeland Security, shall
develop binding prosecution guidelines for Federal prosecutors to ensure
that any prosecution of an alien seeking entry into the United States by
fraud is consistent with the written terms and limitations of Article 31(1)
of the Convention Relating to the Status of Refugees, done at Geneva July
28, 1951 (as made applicable by the Protocol Relating to the Status of Refugees,
done at New York January 31, 1967 (19 UST 6223)).'.
SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION FRAUD
OFFENSES.
(a) Inadmissibility- Section 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i))
is amended--
(1) in subclause (I), by striking `, or' at the end and inserting a semicolon;
(2) in subclause (II), by striking the comma at the end and inserting
`; or'; and
(3) by inserting after subclause (II) the following:
`(III) a violation of (or a conspiracy or attempt to violate) any
provision of chapter 75 of title 18, United States Code,'.
(b) Removal- Section 237(a)(3)(B)(iii) (8 U.S.C. 1227(a)(3)(B)(iii)) is
amended to read as follows:
`(iii) of a violation of any provision of chapter 75 of title 18,
United States Code,'.
(c) Effective Date- The amendments made by subsections (a) and (b) shall
apply to proceedings pending on or after the date of the enactment of this
Act, with respect to conduct occurring on or after that date.
SEC. 210. INCARCERATION OF CRIMINAL ALIENS.
(a) Institutional Removal Program-
(1) CONTINUATION- The Secretary shall continue to operate the Institutional
Removal Program (referred to in this section as the `Program') or shall
develop and implement another program to--
(A) identify removable criminal aliens in Federal and State correctional
facilities;
(B) ensure that such aliens are not released into the community; and
(C) remove such aliens from the United States after the completion of
their sentences.
(2) EXPANSION- The Secretary may extend the scope of the Program to all
States.
(b) Authorization for Detention After Completion of State or Local Prison
Sentence- Law enforcement officers of a State or political subdivision of
a State may--
(1) hold an illegal alien for a period not to exceed 14 days after the
completion of the alien's State prison sentence to effectuate the transfer
of the alien to Federal custody if 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 authorized employees
of the Bureau of Immigration and Customs Enforcement can take the alien
into custody.
(c) Technology Usage- Technology, such as videoconferencing, shall be used
to the maximum extent practicable to make the 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
to make these resources available to State and local law enforcement agencies
in remote locations.
(d) Report to Congress- Not later than 6 months after the date of the enactment
of this Act, and annually thereafter, the Secretary shall submit a report
to Congress on the participation of States in the Program and in any other
program authorized under subsection (a).
(e) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary in each of the fiscal years 2008 through 2012
to carry out the Program.
SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
(a) In General- Section 240B (8 U.S.C. 1229c) is amended--
(A) by amending paragraph (1) to read as follows:
`(1) INSTEAD OF REMOVAL PROCEEDINGS- If an alien is not described in paragraph
(2)(A)(iii) or (4) of section 237(a), the Secretary of Homeland Security
may permit the alien to voluntarily depart the United States at the alien's
own expense under this subsection instead of being subject to proceedings
under section 240.';
(B) by striking paragraph (3);
(C) by redesignating paragraph (2) as paragraph (3);
(D) by adding after paragraph (1) the following:
`(2) BEFORE THE CONCLUSION OF REMOVAL PROCEEDINGS- If an alien is not
described in paragraph (2)(A)(iii) or (4) of section 237(a), the Attorney
General may permit the alien to voluntarily depart the United States at
the alien's own expense under this subsection after the initiation of
removal proceedings under section 240 and before the conclusion of such
proceedings before an immigration judge.';
(E) in paragraph (3), as redesignated--
(i) by amending subparagraph (A) to read as follows:
`(A) INSTEAD OF REMOVAL- Subject to subparagraph (C), permission to
voluntarily depart under paragraph (1) shall not be valid for any period
in excess of 120 days. The Secretary may require an alien permitted
to voluntarily depart 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) by redesignating subparagraphs (B), (C), and (D) as paragraphs
(C), (D), and (E), respectively;
(iii) by adding after subparagraph (A) the following:
`(B) BEFORE THE CONCLUSION OF REMOVAL PROCEEDINGS- Permission to voluntarily
depart under paragraph (2) shall not be valid for any period in excess
of 60 days, and may be granted only after a finding that the alien has
the means to depart the United States and intends to do so. An alien
permitted to voluntarily depart under paragraph (2) shall 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
the requirement to post a voluntary departure bond in individual cases
upon a finding that the alien has presented compelling evidence that
the posting of a bond will pose a serious financial hardship and the
alien has presented credible evidence that such a bond is unnecessary
to guarantee timely departure.';
(iv) in subparagraph (C), as redesignated, by striking `subparagraphs
(C) and(D)(ii)' and inserting `subparagraphs (D) and (E)(ii)';
(v) in subparagraph (D), as redesignated, by striking `subparagraph
(B)' each place that term appears and inserting `subparagraph (C)';
and
(vi) in subparagraph (E), as redesignated, by striking `subparagraph
(B)' each place that term appears and inserting `subparagraph (C)';
and
(F) in paragraph (4), by striking `paragraph (1)' and inserting `paragraphs
(1) and (2)';
(2) in subsection (b)(2), by striking `a period exceeding 60 days' and
inserting `any period in excess of 45 days';
(3) by amending subsection (c) to read as follows:
`(c) Conditions on Voluntary Departure-
`(1) VOLUNTARY DEPARTURE AGREEMENT- Voluntary departure may only be granted
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
may agree to a reduction in the period of inadmissibility under subparagraph
(A) or (B)(i) of section 212(a)(9).
`(3) ADVISALS- Agreements relating to voluntary departure granted during
removal proceedings under section 240, or at the conclusion of such proceedings,
shall be presented on the record before the immigration judge. The immigration
judge shall advise the alien of the consequences of a voluntary departure
agreement before accepting such agreement.
`(4) FAILURE TO COMPLY WITH AGREEMENT-
`(A) IN GENERAL- 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 failure to timely post any required bond), the
alien is--
`(i) ineligible for the benefits of the agreement;
`(ii) subject to the penalties described in subsection (d); and
`(iii) subject to an alternate order of removal if voluntary departure
was granted under subsection (a)(2) or (b).
`(B) EFFECT OF FILING TIMELY APPEAL- If, after agreeing to voluntary
departure, the alien 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
of such agreement, but precludes the alien from another grant of voluntary
departure while the alien remains in the United States.
`(5) VOLUNTARY DEPARTURE PERIOD NOT AFFECTED- Except as expressly agreed
to by the Secretary 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.';
(4) by amending subsection (d) to read as follows:
`(d) Penalties for Failure To Depart- If an alien is permitted to voluntarily
depart under this section and fails to voluntarily depart from the United
States within the time period specified or otherwise violates the terms
of a voluntary departure agreement, the alien will be subject to the following
penalties:
`(1) CIVIL PENALTY- The alien shall be liable for a civil penalty of $3,000.
The order allowing voluntary departure shall specify the amount of the
penalty, which shall be acknowledged by the alien on the record. If the
Secretary 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. An alien
will be ineligible for any benefits under this chapter until this civil
penalty is paid.
`(2) INELIGIBILITY FOR RELIEF- The alien shall 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. The order permitting the alien to
depart voluntarily shall inform the alien of the penalties under this
subsection.
`(3) REOPENING- The alien shall be ineligible to reopen the final order
of removal that took effect upon the alien's failure to depart, or upon
the alien's other violations of the conditions for voluntary departure,
during the period described in paragraph (2). This paragraph does not
preclude a motion to reopen to seek withholding of removal under section
241(b)(3) or protection against torture, if the motion--
`(A) presents material evidence of changed country conditions arising
after the date of the order granting voluntary departure in the country
to which the alien would be removed; and
`(B) makes a sufficient showing to the satisfaction of the Attorney
General that the alien is otherwise eligible for such protection.
`(5) by amending subsection (e) to read as follows:';
`(1) PRIOR GRANT OF VOLUNTARY DEPARTURE- An alien shall not be permitted
to voluntarily depart under this section if the Secretary of Homeland
Security or the Attorney General previously permitted the alien to depart
voluntarily.
`(2) RULEMAKING- The Secretary may promulgate regulations to limit eligibility
or impose additional conditions for voluntary departure under subsection
(a)(1) for any class of aliens. The Secretary or Attorney General may
by regulation limit eligibility or impose additional conditions for voluntary
departure under subsections (a)(2) or (b) of this section for any class
or classes of aliens.'; and
(6) in subsection (f), by adding at the end the following: `Notwithstanding
section 242(a)(2)(D) of this Act, sections 1361, 1651, and 2241 of title
28, United States Code, any other habeas corpus provision, and any other
provision of law (statutory or nonstatutory), no court shall have jurisdiction
to affect, reinstate, enjoin, delay, stay, or toll the period allowed
for voluntary departure under this section.'.
(b) Rulemaking- The Secretary shall promulgate regulations to provide for
the imposition and collection of penalties for failure to depart under section
240B(d) of the Immigration and Nationality Act (8 U.S.C. 1229c(d)).
(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 enactment
of this Act.
(2) EXCEPTION- The amendment made by subsection (a)(6) shall take effect
on the date of the enactment of this Act and shall apply with respect
to any petition for review which is filed on or after such date.
SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED
STATES UNLAWFULLY.
(a) Inadmissible Aliens- Section 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is
amended--
(1) in clause (i), by striking `seeks admission within 5 years of the
date of such removal (or within 20 years' and inserting `seeks admission
not later than 5 years after the date of the alien's removal (or not later
than 20 years after the alien's removal'; and
(2) in clause (ii), by striking `seeks admission within 10 years of the
date of such alien's departure or removal (or within 20 years of' and
inserting `seeks admission not later than 10 years after the date of the
alien's departure or removal (or not later than 20 years after'.
(b) Bar on Discretionary Relief- Section 274D (9 U.S.C. 324d) is amended--
(1) in subsection (a), by striking `Commissioner' and inserting `Secretary
of Homeland Security'; and
(2) by adding at the end the following:
`(c) Ineligibility for Relief-
`(1) IN GENERAL- 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 (including cancellation of removal
and adjustment of status) during the time the alien remains in the United
States and for a period of 10 years after the alien's departure from the
United States.
`(2) SAVINGS PROVISION- Nothing in paragraph (1) shall preclude a motion
to reopen to seek withholding of removal under section 241(b)(3) or protection
against torture, if the motion--
`(A) presents material evidence of changed country conditions arising
after the date of the final order of removal in the country to which
the alien would be removed; and
`(B) makes a sufficient showing to the satisfaction of the Attorney
General that the alien is otherwise eligible for such protection.'.
(c) Effective Dates- The amendments made by this section 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 entered on or after such date.
SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF,
FIREARMS BY CERTAIN ALIENS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(5)--
(A) in subparagraph (A), by striking `or' at the end;
(B) in subparagraph (B), by striking `(y)(2)' and all that follows and
inserting `(y), is in a nonimmigrant classification; or'; and
(C) by adding at the end the following:
`(C) has been paroled into the United States under section 212(d)(5)
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5));';
(2) in subsection (g)(5)--
(A) in subparagraph (A), by striking `or' at the end;
(B) in subparagraph (B), by striking `(y)(2)' and all that follows and
inserting `(y), is in a nonimmigrant classification; or'; and
(C) by adding at the end the following:
`(C) has been paroled into the United States under section 212(d)(5)
of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5));'; and
(A) in the header, by striking `admitted under nonimmigrant visas' and
inserting `in a nonimmigrant classification';
(B) in paragraph (1), by amending subparagraph (B) to read as follows:
`(B) the term `nonimmigrant classification' includes all classes of
nonimmigrant aliens described in section 101(a)(15) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)), or otherwise described in
the immigration laws (as defined in section 101(a)(17) of such Act).';
(C) in paragraph (2), by striking `has been lawfully admitted to the
United States under a nonimmigrant visa' and inserting `is in a nonimmigrant
classification'; and
(D) in paragraph (3)(A), by striking `Any individual who has been admitted
to the United States under a nonimmigrant visa may receive a waiver
from the requirements of subsection (g)(5)' and inserting `Any alien
in a nonimmigrant classification may receive a waiver from the requirements
of subsection (g)(5)(B)'.
SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, NATURALIZATION,
AND PEONAGE OFFENSES.
(a) In General- 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), for an attempt or conspiracy
to violate any such section, for a violation of any criminal provision under
section 243, 266, 274, 275, 276, 277, or 278 of the Immigration and Nationality
Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 1328), or for an attempt
or conspiracy to violate any such section, unless the indictment is returned
or the information filed not later than 10 years after the commission of
the offense.'.
(b) Clerical Amendment- The table of sections for chapter 213 of title 18,
United States Code, is amended by striking the item relating to section
3291 and inserting the following:
`3291. Immigration, naturalization, and peonage offenses.'.
SEC. 215. DIPLOMATIC SECURITY SERVICE.
Section 37(a)(1) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2709(a)(1)) is amended to read as follows:
`(1) conduct investigations concerning--
`(A) illegal passport or visa issuance or use;
`(B) identity theft or document fraud affecting or relating to the programs,
functions, and authorities of the Department of State;
`(C) violations of chapter 77 of title 18, United States Code; and
`(D) Federal offenses committed within the special maritime and territorial
jurisdiction of the United States (as defined in section 7(9) of title
18, United States Code);'.
SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.
(a) In General- Section 103 (8 U.S.C. 1103) is amended--
(1) by amending subsection (f) to read as follows:
`(f) Minimum Number of Agents in States-
`(1) IN GENERAL- The Secretary of Homeland Security shall allocate to
each State--
`(A) not fewer than 40 full-time active duty agents of the Bureau of
Immigration and Customs Enforcement to--
`(i) investigate immigration violations; and
`(ii) ensure the departure of all removable aliens; and
`(B) not fewer than 15 full-time active duty agents of the Bureau of
Citizenship and Immigration Services to carry out immigration and naturalization
adjudication functions.
`(2) WAIVER- The Secretary may waive the application of paragraph (1)
for any State with a population of less than 2,000,000, as most recently
reported by the Bureau of the Census'; and
(2) by adding at the end the following:
`(i) Notwithstanding any other provision of law, appropriate background
and security checks, as determined by the Secretary of Homeland Security,
shall be completed and assessed and 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 Act shall be
investigated and resolved before the Secretary or the Attorney General may--
`(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.'.
(b) Effective Date- The amendment made by subsection (a)(1) shall take effect
on the date that is 90 days after the date of the enactment of this Act.
(c) Authorization of Appropriations- There is authorized to be appropriated
to the Director of the Federal Bureau of Investigations $3,125,000 for each
of fiscal years 2008 through 2012 for improving the speed and accuracy of
background and security checks conducted by the Federal Bureau of Investigations
on behalf of the Bureau of Citizenship and Immigrations Services.
(d) Report on Background and Security Checks-
(1) IN GENERAL- Not later than 180 days after the date of the enactment
of this Act, the Director of the Federal Bureau of Investigations shall
submit to the Committee on the Judiciary of the Senate and the Committee
on the Judiciary of the House of Representatives a report on the background
and security checks conducted by the Federal Bureau of Investigations
on behalf of the Bureau of Citizenship and Immigrations Services
(2) CONTENT- The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays
associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays
by applicant country of origin; and
(D) the steps the Federal Bureau of Investigations is taking to expedite
background and security checks that have been pending for more than
60 days.
SEC. 217. CONSTRUCTION.
(a) In General- Chapter 4 of title III (8 U.S.C. 1501 et seq.) is amended
by adding at the end the following:
`SEC. 362. CONSTRUCTION.
`(a) In General- Nothing in this Act or in any other provision of law shall
be construed to require the Secretary of Homeland Security, the Attorney
General, the Secretary of State, the Secretary of Labor, or any other authorized
head of any Federal agency to grant any application, approve any petition,
or grant or continue any status or benefit under the immigration laws by,
to, or on behalf of--
`(1) any alien described in subparagraph (A)(i), (A)(iii), (B), or (F)
of section 212(a)(3) or subparagraph (A)(i), (A)(iii), or (B) of section
237(a)(4);
`(2) any alien with respect to whom a criminal or other investigation
or case is pending that is material to the alien's inadmissibility, deportability,
or eligibility for the status or benefit sought; or
`(3) any alien for whom all law enforcement checks, as deemed appropriate
by such authorized official, have not been conducted and resolved.
`(b) Denial; Withholding- An official described in subsection (a) may deny
or withhold (with respect to an alien described in subsection (a)(1)) or
withhold pending resolution of the investigation, case, or law enforcement
checks (with respect to an alien described in paragraph (2) or (3) of subsection
(a)) any such application, petition, status, or benefit on such basis.'.
(b) Clerical Amendment- The table of contents is amended by inserting after
the item relating to section 361 the following:
`Sec. 362. Construction.'.
SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Reimbursement for Costs Associated With Processing Criminal Illegal
Aliens- The Secretary shall reimburse States and units of local government
for costs associated with processing undocumented criminal aliens through
the criminal justice system, including--
(2) criminal prosecution;
(4) translators and interpreters; and
(b) Authorization of Appropriations-
(1) PROCESSING CRIMINAL ILLEGAL ALIENS- There are authorized to be appropriated
$400,000,000 for each of the fiscal years 2008 through 2013 to carry out
subsection (a).
(2) COMPENSATION UPON REQUEST- Section 241(i)(5) (8 U.S.C. 1231(i)) is
amended to read as follows:
`(5) There are authorized to be appropriated to carry this subsection--
`(A) such sums as may be necessary for fiscal year 2008;
`(B) $750,000,000 for fiscal year 2009;
`(C) $850,000,000 for fiscal year 2010; and
`(D) $950,000,000 for each of the fiscal years 2011 through 2013.'.
(c) Technical Amendment- Section 501 of the Immigration Reform and Control
Act of 1986 (8 U.S.C. 1365) is amended by striking `Attorney General' each
place it appears and inserting `Secretary of Homeland Security'.
SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED
BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
(a) In General- The Secretary shall provide sufficient transportation and
officers to take illegal aliens apprehended by State and local law enforcement
officers into custody for processing at a detention facility operated by
the Department.
(b) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary for each of fiscal years 2008 through 2012
to carry out this section.
SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL LANDS.
(a) Grants Authorized- The Secretary may award grants to Indian tribes with
lands adjacent to an international border of the United States that have
been adversely affected by illegal immigration.
(b) Use of Funds- Grants awarded under subsection (a) may be used for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report- Not later than 180 days after the date of the enactment of this
Act, the Secretary shall submit a report to the Committee on the Judiciary
of the Senate and the Committee on the Judiciary of the House of Representatives
that--
(1) describes the level of access of Border Patrol agents on tribal lands;
(2) describes the extent to which enforcement of immigration laws may
be improved by enhanced access to tribal lands;
(3) contains a strategy for improving such access through cooperation
with tribal authorities; and
(4) identifies grants provided by the Department for Indian tribes, either
directly or through State or local grants, relating to border security
expenses.
(d) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 2008 through
2012 to carry out this section.
SEC. 221. ALTERNATIVES TO DETENTION.
The Secretary shall conduct a study of--
(1) the effectiveness of alternatives to detention, including electronic
monitoring devices and intensive supervision programs, in ensuring alien
appearance at court and compliance with removal orders;
(2) the effectiveness of the Intensive Supervision Appearance Program
and the costs and benefits of expanding that program to all States; and
(3) other alternatives to detention, including--
(A) release on an order of recognizance;
(B) appearance bonds; and
(C) electronic monitoring devices.
SEC. 222. CONFORMING AMENDMENT.
Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) 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, United States Code, or is described in section 1546(a)
of such title (relating to document fraud) and (ii)' and inserting `which
is described in chapter 75 of title 18, United States Code, and'; and
(2) by inserting the following: `that is not described in section 1548
of such title (relating to increased penalties), and' after `first offense'.
SEC. 223. REPORTING REQUIREMENTS.
(a) Clarifying Address Reporting Requirements- Section 265 (8 U.S.C. 1305)
is amended--
(A) by striking `notify the Attorney General in writing' and inserting
`submit written or electronic notification to the Secretary of Homeland
Security, in a manner approved by the Secretary,';
(B) by striking `the Attorney General may require by regulation' and
inserting `the Secretary may require'; and
(C) by adding at the end the following: `If the alien is involved in
proceedings before an immigration judge or in an administrative appeal
of such proceedings, the alien shall submit to the Attorney General
the alien's current address and a telephone number, if any, at which
the alien may be contacted.';
(2) in subsection (b), by striking `Attorney General' each place such
term appears and inserting `Secretary of Homeland Security';
(3) in subsection (c), by striking `given to such parent' and inserting
`given by such parent'; and
(4) by adding at the end the following:
`(d) Address To Be Provided-
`(1) IN GENERAL- Except as otherwise provided by the Secretary under paragraph
(2), an address provided by an alien under this section shall be the alien's
current residential mailing address, and shall not be a post office box
or other non-residential mailing address or the address of an attorney,
representative, labor organization, or employer.
`(2) SPECIFIC REQUIREMENTS- The Secretary may provide specific requirements
with respect to--
`(A) designated classes of aliens and special circumstances, including
aliens who are employed at a remote location; and
`(B) the reporting of address information by aliens who are incarcerated
in a Federal, State, or local correctional facility.
`(3) DETENTION- An alien who is being detained by the Secretary under
this Act is not required to report the alien's current address under this
section during the time the alien remains in detention, but shall be required
to notify the Secretary of the alien's address under this section at the
time of the alien's release from detention.
`(e) Use of Most Recent Address Provided by the Alien-
`(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary
may provide for the appropriate coordination and cross referencing of
address information provided by an alien under this section with other
information relating to the alien's address under other Federal programs,
including--
`(A) any information pertaining to the alien, which is submitted in
any application, petition, or motion filed under this Act with the Secretary
of Homeland Security, the Secretary of State, or the Secretary of Labor;
`(B) any information available to the Attorney General with respect
to an alien in a proceeding before an immigration judge or an administrative
appeal or judicial review of such proceeding;
`(C) any information collected with respect to nonimmigrant foreign
students or exchange program participants under section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372); and
`(D) any information collected from State or local correctional agencies
pursuant to the State Criminal Alien Assistance Program.
`(2) RELIANCE- The Secretary may rely on the most recent address provided
by the alien under this section or section 264 to send to the alien any
notice, form, document, or other matter pertaining to Federal immigration
laws, including service of a notice to appear. The Attorney General and
the Secretary may rely on the most recent address provided by the alien
under section 239(a)(1)(F) to contact the alien about pending removal
proceedings.
`(3) OBLIGATION- The alien's provision of an address for any other purpose
under the Federal immigration laws does not excuse the alien's obligation
to submit timely notice of the alien's address to the Secretary under
this section (or to the Attorney General under section 239(a)(1)(F) with
respect to an alien in a proceeding before an immigration judge or an
administrative appeal of such proceeding).'.
(b) Conforming Changes With Respect to Registration Requirements- Chapter
7 of title II (8 U.S.C. 1301 et seq.) is amended--
(1) in section 262(c), by striking `Attorney General' and inserting `Secretary
of Homeland Security';
(2) in section 263(a), by striking `Attorney General' and inserting `Secretary
of Homeland Security'; and
(A) in subsections (a), (b), (c), and (d), by striking `Attorney General'
each place it appears and inserting `Secretary of Homeland Security';
and
(i) by striking `Attorney General is authorized' and inserting `Secretary
of Homeland Security and Attorney General are authorized'; and
(ii) by striking `Attorney General or the Service' and inserting `Secretary
or the Attorney General'.
(c) Penalties- Section 266 (8 U.S.C. 1306) is amended--
(1) by amending subsection (b) to read as follows:
`(b) Failure To Provide Notice of Alien's Current Address-
`(1) CRIMINAL PENALTIES- Any alien or any parent or legal guardian in
the United States of any minor alien who fails to notify the Secretary
of Homeland Security of the alien's current address in accordance with
section 265 shall be fined under title 18, United States Code, imprisoned
for not more than 6 months, or both.
`(2) EFFECT ON IMMIGRATION STATUS- Any alien who violates section 265
(regardless of whether the alien is punished under paragraph (1)) and
does not establish to the satisfaction of the Secretary that such failure
was reasonably excusable or was not willful shall be taken into custody
in connection with removal of the alien. If the alien has not been inspected
or admitted, or if the alien has failed on more than 1 occasion to submit
notice of the alien's current address as required under section 265, the
alien may be presumed to be a flight risk. The Secretary or the Attorney
General, in considering any form of relief from removal which may be granted
in the discretion of the Secretary or the Attorney General, may take into
consideration the alien's failure to comply with section 265 as a separate
negative factor. If the alien failed to comply with the requirements of
section 265 after becoming subject to a final order of removal, deportation,
or exclusion, the alien's failure shall be considered as a strongly negative
factor with respect to any discretionary motion for reopening or reconsideration
filed by the alien.';
(2) in subsection (c), by inserting `or a notice of current address' before
`containing statements'; and
(3) in subsections (c) and (d), by striking `Attorney General' each place
it appears and inserting `Secretary'.
(1) IN GENERAL- Except as provided in paragraph (2), the amendments made
by this section shall apply to proceedings initiated on or after the date
of the enactment of this Act.
(2) CONFORMING AND TECHNICAL AMENDMENTS- The amendments made by paragraphs
(1)(A), (1)(B), (2) and (3) of subsection (a) are effective as if enacted
on March 1, 2003.
SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General- Section 287(g) (8 U.S.C. 1357(g)) is amended--
(1) in paragraph (2), by adding at the end the following: `If such training
is provided by a State or political subdivision of a State to an officer
or employee of such State or political subdivision of a State, the cost
of such training (including applicable overtime costs) shall be reimbursed
by the Secretary of Homeland Security.'; and
(2) in paragraph (4), by adding at the end the following: `The cost of
any equipment required to be purchased under such written agreement and
necessary to perform the functions under this subsection shall be reimbursed
by the Secretary of Homeland Security.'.
(b) Authorization of Appropriations- There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry out this section
and the amendments made by this section.
SEC. 225. REMOVAL OF DRUNK DRIVERS.
(a) In General- Section 101(a)(43)(F) (8 U.S.C. 1101(a)(43)(F)) is amended
by inserting `, including a third drunk driving conviction, regardless of
the States in which the convictions occurred or whether the offenses are
classified as misdemeanors or felonies under State law,' after `offense)'.
(b) Effective Date- The amendment made by subsection (a) shall--
(1) take effect on the date of the enactment of this Act; and
(2) apply to convictions entered on or after such date.
SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS.
Section 220(c) of the Immigration and Nationality Technical Corrections
Act of 1994 (8 U.S.C. 1182 note) is amended by striking `and before June
1, 2006.'.
SEC. 227. EXPEDITED REMOVAL.
(a) In General- Section 238 (8 U.S.C. 1228) is amended--
(1) by striking the section heading and inserting `expedited removal of
criminal aliens';
(2) in subsection (a), by striking the subsection heading and inserting:
`Expedited Removal From Correctional Facilities- ';
(3) in subsection (b), by striking the subsection heading and inserting:
`Removal of Criminal Aliens- ';
(4) in subsection (b), by striking paragraphs (1) and (2) and inserting
the following:
`(1) IN GENERAL- The Secretary of Homeland Security may, in the case of
an alien described in paragraph (2), determine the deportability of such
alien and issue an order of removal pursuant to the procedures set forth
in this subsection or section 240.
`(2) ALIENS DESCRIBED- An alien is described in this paragraph if the
alien--
`(A) has not been lawfully admitted to the United States for permanent
residence; and
`(B) was convicted of any criminal offense described in subparagraph
(A)(iii), (C), or (D) of section 237(a)(2).';
(5) in the subsection (c) that relates to presumption of deportability,
by striking `convicted of an aggravated felony' and inserting `described
in subsection (b)(2)';
(6) by redesignating the subsection (c) that relates to judicial removal
as subsection (d); and
(7) in subsection (d)(5) (as so redesignated), by striking `, who is deportable
under this Act,'.
(b) Application to Certain Aliens-
(1) IN GENERAL- Section 235(b)(1)(A)(iii) (8 U.S.C. 1225(b)(1)(A)(iii))
is amended--
(A) in subclause (I), by striking `Attorney General' and inserting `Secretary
of Homeland Security' each place it appears; and
(B) by adding at the end the following new subclause:
`(III) EXCEPTION- Notwithstanding subclauses (I) and (II), the Secretary
of Homeland Security shall apply clauses (i) and (ii) of this subparagraph
to any alien (other than an alien described in subparagraph (F))
who is not a national of a country contiguous to the United States,
who has not been admitted or paroled into the United States, and
who is apprehended within 100 miles of an international land border
of the United States and within 14 days of entry.'.
(2) EXCEPTIONS- Section 235(b)(1)(F) of the Immigration and Nationality
Act (8 U.S.C. 1225(b)(1)(F)) is amended--
(A) by striking `and who arrives by aircraft at a port of entry' and
inserting `and--'; and
(B) by adding at the end the following:
`(i) who arrives by aircraft at a port of entry; or
`(ii) who is present in the United States and arrived in any manner
at or between a port of entry.'.
(c) Effective Date- The amendments made by this section shall take effect
on the date of the enactment of this Act and shall apply to all aliens apprehended
or convicted on or after such date.
SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.
(a) Immigrants- Section 204(a)(1) (8 U.S.C. 1154(a)(1)), is amended--
(1) in subparagraph (A)(i), by striking `Any' and inserting `Except as
provided in clause (vii), any';
(2) in subparagraph (A), by inserting after clause (vi) the following:
`(vii) Clause (i) shall not apply to a citizen of the United States who
has been convicted of an offense described in subparagraph (A), (I), or
(K) of section 101(a)(43), unless the Secretary of Homeland Security, in
the Secretary's sole and unreviewable discretion, determines that the citizen
poses no risk to the alien with respect to whom a petition described in
clause (i) is filed.'; and
(3) in subparagraph (B)(i)--
(A) by striking `Any alien' and inserting the following: `(I) Except
as provided in subclause (II), any alien'; and
(B) by adding at the end the following:
`(II) Subclause (I) shall not apply in the case of an alien admitted for
permanent residence who has been convicted of an offense described in subparagraph
(A), (I), or (K) of section 101(a)(43), unless the Secretary of Homeland
Security, in the Secretary's sole and unreviewable discretion, determines
that the alien lawfully admitted for permanent residence poses no risk to
the alien with respect to whom a petition described in subclause (I) is
filed.'.
(b) Nonimmigrants- Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)), is amended
by inserting `(other than a citizen described in section 204(a)(1)(A)(vii))'
after `citizen of the United States' each place that phrase appears.
SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS
AND TRANSFER TO FEDERAL CUSTODY.
(a) In General- Title II (8 U.S.C. 1151 et. seq.) is amended by adding after
section 240C the following new section:
`SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVISIONS
AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.
`(a) Authority- Notwithstanding any other provision of law, law enforcement
personnel of a State, or a political subdivision of a State, have the inherent
authority of a sovereign entity to investigate, apprehend, arrest, detain,
or transfer to Federal custody (including the transportation across State
lines to detention centers) an alien for the purpose of assisting in the
enforcement of the criminal provisions of the immigration laws of the United
States in the normal course of carrying out the law enforcement duties of
such personnel. This State authority has never been displaced or preempted
by a Federal law.
`(b) Construction- Nothing in this section shall be construed to require
law enforcement personnel of a State or a political subdivision to assist
in the enforcement of the immigration laws of the United States.
`(c) Transfer- If the head of a law enforcement entity of a State (or, if
appropriate, a political subdivision of the State) exercising authority
with respect to the apprehension or arrest of an alien submits a request
to the Secretary of Homeland Security that the alien be taken into Federal
custody, the Secretary of Homeland Security--
`(A) deem the request to include the inquiry to verify immigration status
described in section 642(c) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373(c)), and expeditiously inform
the requesting entity whether such individual is an alien lawfully admitted
to the United States or is otherwise lawfully present in the United
States; and
`(B) if the individual is an alien who is not lawfully admitted to the
United States or otherwise is not lawfully present in the United States--
`(i) take the illegal alien into the custody of the Federal Government
not later than 72 hours after--
`(I) the conclusion of the State charging process or dismissal process;
or
`(II) the illegal alien is apprehended, if no State charging or
dismissal process is required; or
`(ii) request that the relevant State or local law enforcement agency
temporarily detain or transport the alien to a location for transfer
to Federal custody; and
`(2) shall designate at least 1 Federal, State, or local prison or jail
or a private contracted prison or detention facility within each State
as the central facility for that State to transfer custody of aliens to
the Department of Homeland Security.
`(1) IN GENERAL- The Secretary of Homeland Security shall reimburse a
State, or a political subdivision of a State, for expenses, as verified
by the Secretary, incurred by the State or political subdivision in the
detention and transportation of an alien as described in subparagraphs
(A) and (B) of subsection (c)(1).
`(2) COST COMPUTATION- Compensation provided for costs incurred under
subparagraphs (A) and (B) of subsection (c)(1) shall be--
`(i) the average daily cost of incarceration of a prisoner in the
relevant State, as determined by the chief executive officer of a
State (or, as appropriate, a political subdivision of the State);
multiplied by
`(ii) the number of days that the alien was in the custody of the
State or political subdivision; plus
`(B) the cost of transporting the alien from the point of apprehension
or arrest to the location of detention, and if the location of detention
and of custody transfer are different, to the custody transfer point;
plus
`(C) the cost of uncompensated emergency medical care provided to a
detained alien during the period between the time of transmittal of
the request described in subsection (c) and the time of transfer into
Federal custody.
`(e) Requirement for Appropriate Security- The Secretary of Homeland Security
shall ensure that--
`(1) aliens incarcerated in a Federal facility pursuant to this section
are held in facilities which provide an appropriate level of security;
and
`(2) if practicable, aliens detained solely for civil violations of Federal
immigration law are separated within a facility or facilities.
`(f) Requirement for Schedule- In carrying out this section, the Secretary
of Homeland Security shall establish a regular circuit and schedule for
the prompt transportation of apprehended aliens from the custody of those
States, and political subdivisions of States, which routinely submit requests
described in subsection (c), into Federal custody.
`(g) Authority for Contracts-
`(1) IN GENERAL- The Secretary of Homeland Security may enter into contracts
or cooperative agreements with appropriate State and local law enforcement
and detention agencies to implement this section.
`(2) DETERMINATION BY SECRETARY- Prior to entering into a contract or
cooperative agreement with a State or political subdivision of a State
under paragraph (1), the Secretary shall determine whether the State,
or if appropriate, the political subdivision in which the agencies are
located, has in place any formal or informal policy that violates section
642 of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1373). The Secretary shall not allocate any of the funds
made available under this section to any State or political subdivision
that has in place a policy that violates such section.'.
(b) Authorization of Appropriations for the Detention and Transportation
to Federal Custody of Aliens Not Lawfully Present- There are authorized
to be appropriated $850,000,000 for fiscal year 2008 and each subsequent
fiscal year for the detention and removal of aliens not lawfully present
in the United States under the Immigration and Nationality Act (8 U.S.C.
1101 et. seq.).
SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting `section 1590 (relating to trafficking with respect to
peonage, slavery, involuntary servitude, or forced labor),' after `section
1363 (relating to destruction of property within the special maritime
and territorial jurisdiction),'; and
(2) by inserting `section 274(a) of the Immigration and Nationality Act
(8 U.S.C.1324(a)) (relating to bringing in and harboring certain aliens),'
after `section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating
to aviation smuggling),'.
SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION
CENTER DATABASE.
(a) Provision of Information to the National Crime Information Center-
(1) IN GENERAL- Except as provided in paragraph (3), not later than 180
days after the date of the enactment of this Act, the Secretary shall
provide to the head of the National Crime Information Center of the Department
of Justice the information that the Secretary has or maintains related
to any alien--
(A) against whom a final order of removal has been issued;
(B) who enters into a voluntary departure agreement, or is granted voluntary
departure by an immigration judge, whose period for departure has expired
under subsection (a)(3) of section 240B of the Immigration and Nationality
Act (8 U.S.C. 1229c) (as amended by section 211(a)(1)(C)), subsection
(b)(2) of such section 240B, or who has violated a condition of a voluntary
departure agreement under such section 240B;
(C) whom a Federal immigration officer has confirmed to be unlawfully
present in the United States; and
(D) whose visa has been revoked.
(2) REMOVAL OF INFORMATION- The head of the National Crime Information
Center should promptly remove any information provided by the Secretary
under paragraph (1) related to an alien who is granted lawful authority
to enter or remain legally in the United States.
(3) PROCEDURE FOR REMOVAL OF ERRONEOUS INFORMATION- The Secretary, in
consultation with the head of the National Crime Information Center of
the Department of Justice, shall develop and implement a procedure by
which an alien may petition the Secretary or head of the National Crime
Information Center, as appropriate, to remove any erroneous information
provided by the Secretary under paragraph (1) related to such alien. Under
such procedures, failure by the alien to receive notice of a violation
of the immigration laws shall not constitute cause for removing information
provided by the Secretary under paragraph (1) related to such alien, unless
such information is erroneous. Notwithstanding the 180-day time period
set forth in paragraph (1), the Secretary shall not provide the information
required under paragraph (1) until the procedures required by this paragraph
are developed and implemented.
(b) Inclusion of Information in the National Crime Information Center Database-
Section 534(a) of title 28, United States Code, is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new paragraph:
`(4) acquire, collect, classify, and preserve records of violations of
the immigration laws of the United States; and'.
SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS.
Not later than 2 years after the date of the enactment of this Act, the
Secretary shall negotiate and execute, where practicable, a cooperative
enforcement agreement described in section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) with at least 1 law enforcement agency
in each State, to train law enforcement officers in the detection and apprehension
of individuals engaged in transporting, harboring, sheltering, or encouraging
aliens in violation of section 274 of such Act (8 U.S.C. 1324).
SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF FACILITIES
IDENTIFIED FOR CLOSURES AS A RESULT OF THE DEFENSE BASE CLOSURE REALIGNMENT
ACT OF 1990.
(a) Construction or Acquisition of Detention Facilities-
(1) IN GENERAL- The Secretary shall construct or acquire, in addition
to existing facilities for the detention of aliens, at least 20 detention
facilities in the United States that have the capacity to detain a combined
total of not less than 20,000 individuals at any time for aliens detained
pending removal or a decision on removal of such aliens from the United
States subject to available appropriations.
(b) Construction of or Acquisition of Detention Facilities-
(1) REQUIREMENT TO CONSTRUCT OR ACQUIRE- The Secretary shall construct
or acquire additional detention facilities in the United States to accommodate
the detention beds required by section 5204(a) of the Intelligence Reform
and Terrorism Protection Act of 2004, as amended by subsection (a), subject
to available appropriations.
(2) USE OF ALTERNATE DETENTION FACILITIES- Subject to the availability
of appropriations, the Secretary shall fully utilize all possible options
to cost effectively increase available detention capacities, and shall
utilize detention facilities that are owned and operated by the Federal
Government if the use of such facilities is cost effective.
(3) USE OF INSTALLATIONS UNDER BASE CLOSURE LAWS- In acquiring additional
detention facilities under this subsection, the Secretary 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 subsection (a).
(4) DETERMINATION OF LOCATION- The location of any detention facility
constructed or acquired in accordance with this subsection shall be determined,
with the concurrence of the Secretary, by the senior officer responsible
for Detention and Removal Operations in the Department. The detention
facilities shall be located so as to enable the officers and employees
of the Department to increase to the maximum extent practicable the annual
rate and level of removals of illegal aliens from the United States.
(c) Annual Report to Congress- Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, in consultation with the
heads of other appropriate Federal agencies, the Secretary shall submit
to Congress an assessment of the additional detention facilities and bed
space needed to detain unlawful aliens apprehended at the United States
ports of entry or along the international land borders of the United States.
(d) Technical and Conforming Amendment- Section 241(g)(1) (8 U.S.C. 1231(g)(1))
is amended by striking `may expend' and inserting `shall expend'.
(e) Authorization of Appropriations- There are authorized to be appropriated
such sums as may be necessary to carry out this section.
SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED WITH
FEDERAL OFFENSES.
(a) Responsibility of United States Attorneys- Beginning not later than
2 years after the date of the enactment of this Act, the office of the United
States Attorney that is prosecuting a criminal case in a Federal court--
(1) shall determine, not later than 30 days after filing the initial pleadings
in the case, whether each defendant in the case is lawfully present in
the United States (subject to subsequent legal proceedings to determine
otherwise);
(2)(A) if the defendant is determined to be an alien lawfully present
in the United States, shall notify the court in writing of the determination
and the current status of the alien under the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.); and
(B) if the defendant is determined not to be lawfully present in the United
States, shall notify the court in writing of the determination, the defendant's
alien status, and, to the extent possible, the country of origin or legal
residence of the defendant; and
(3) ensure that the information described in paragraph (2) is included
in the case file and the criminal records system of the office of the
United States attorney.
(b) Guidelines- A determination made under subsection (a)(1) shall be made
in accordance with guidelines of the Executive Office for Immigration Review
of the Department of Justice.
(c) Responsibilities of Federal Courts-
(1) MODIFICATIONS OF RECORDS AND CASE MANAGEMENTS SYSTEMS- Not later than
2 years after the date of the enactment of this Act, all Federal courts
that hear criminal cases, or appeals of criminal cases, shall modify their
criminal records and case management systems, in accordance with guidelines
which the Director of the Administrative Office of the United States Courts
shall establish, so as to enable accurate reporting of information described
in subsection (a)(2).
(2) DATA ENTRIES- Beginning not later than 2 years after the date of the
enactment of this Act, each Federal court described in paragraph (1) shall
enter into its electronic records the information contained in each notification
to the court under subsection (a)(2).
(d) Construction- Nothing in this section may be construed to provide a
basis for admitting evidence to a jury or releasing information to the public
regarding an alien's immigration status.
(e) Annual Report to Congress- The Director of the Administrative Office
of the United States Courts shall include, in the annual report filed with
Congress under section 604 of title 28, United States Code--
(1) statistical information on criminal trials of aliens in the courts
and criminal convictions of aliens in the lower courts and upheld on appeal,
including the type of crime in each case and including information on
the legal status of the aliens; and
(2) recommendations on whether additional court resources are needed to
accommodate the volume of criminal cases brought against aliens in the
Federal courts.
(f) Authorization of Appropriations- There are authorized to be appropriated
for each of fiscal years 2008 through 2012, such sums as may be necessary
to carry out this Act. Funds appropriated pursuant to this subsection in
any fiscal year shall remain available until expended.
SEC. 235. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.
Not later than 60 days after the date of enactment of this Act, the Attorney
General shall issue a directive to expand the Justice Prisoner and Alien
Transfer System (JPATS) so that such System provides additional services
with respect to aliens who are illegally present in the United States. Such
expansion should include--
(1) increasing the daily operations of such System with buses and air
hubs in 3 geographic regions;
(2) allocating a set number of seats for such aliens for each metropolitan
area;
(3) allowing metropolitan areas to trade or give some of seats allocated
to them under the System for such aliens to other areas in their region
based on the transportation needs of each area; and
(4) requiring an annual report that analyzes of the number of seats that
each metropolitan area is allocated under this System for such aliens
and modifies such allocation if necessary.
TITLE III--ILLEGAL ALIEN REGISTRATION
SEC. 301. REGISTRATION FOR ILLEGAL WORKERS.
(a) Registration- Section 262 (8 U.S.C. 1302) is amended by adding at the
end the following:
`(d) Any alien who is unlawfully employed in the United States as of January
1, 2007, may not receive a nonimmigrant visa under section 218A unless the
alien--
`(1) applies for registration and fingerprinting under section 221(b)
not later than 1 year after the effective date set out in section 601
of the Border Security and Immigration Reform Act of 2007; and
`(2) applies for a nonimmigrant visa under section 218A not later than
1 year after such effective date.'.
(1) IN GENERAL- Section 266 (8 U.S.C. 1306) is amended by adding at the
end the following:
`(e) Failure to Register; Employment of Illegal Aliens-
`(1) FAILURE TO REGISTER- Any alien who is unlawfully present in the United
States is subject to immediate deportation and is ineligible to receive
a nonimmigrant visa under section 218A.
`(2) EMPLOYMENT OF ILLEGAL ALIENS- Any employer who knowingly employs
an alien who is unlawfully present in the United States shall be ineligible
to employ any alien in possession of a nonimmigrant visa issued under
section 218A.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect
on the date which is 2 years after the effective date set out in section
601.
SEC. 302. GUEST WORKER PROGRAM.
(a) Definition- Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended--
(1) in subparagraph (U), by striking `or' at the end;
(2) in subparagraph (V), by striking the period at the end and inserting
`; or'; and
(3) by adding at the end the following:
`(W) an alien having a residence in a foreign country who is coming
to the United States to perform--
`(i) agricultural labor or services (as defined by the Secretary of
Labor); or
`(ii) any labor or services other than those described in clause (i).'.
(b) Guest Worker Program-
(1) IN GENERAL- Chapter 2 of title II (8 U.S.C. 1181 et seq.) is amended
by inserting after section 218 the following:
`SEC. 218A. ADMISSION OF W VISA NONIMMIGRANT GUEST WORKERS.
`(a) W Guest Worker Applications-
`(1) IN GENERAL- After receiving a certification from the Secretary of
Labor in accordance with paragraph (2), an employer desiring to import
a nonimmigrant described in section 101(a)(15)(W) (referred to in this
section as a `guest worker') for employment in the United States shall
file an application with the Secretary of Homeland Security in such form,
in such manner, and containing such information as the Secretary may require.
`(2) APPLICABLE PROVISIONS- The provisions under subsections (a) through
(e) of section 218 shall apply to certification petitions filed by employers
desiring to import guest workers in the same manner as they apply to H-2A
workers under such section.
`(b) Application- Upon approval of an application under subsection (a),
a guest worker who, if physically present in the United States on January
1, 2007, has registered and been fingerprinted under section 221(b), may
apply for a nonimmigrant visa under section 101(a)(15)(W) by showing such
identification as the Secretary of Homeland Security may require.
`(c) Duration- A nonimmigrant visa issued to a guest worker under this section
shall authorize the guest worker to be employed by the employer who requested
such worker for an initial period not to exceed 2 years.
`(d) Terms- As a condition of continuing employment eligibility, a guest
worker receiving a nonimmigrant visa under this section shall agree to--
`(1) submit information to the Secretary to be used--
`(A) to conduct a criminal background investigation of the alien; and
`(B) to verify that the alien is not listed on any terrorist watch list;
`(2) abide by all applicable Federal, State, and local laws;
`(3) be employed and abide by the terms of such employment; and
`(4) complete an approved assimilation program, including English and
civics courses, before the end of the initial 2-year employment period.
`(e) Renewal- A nonimmigrant visa issued to a guest worker under this section
may be renewed for an unlimited number of 2-year terms if the guest worker
complies with the terms described in subsection (d) and applies for renewal
in the United States before the end of each prior 2-year period.'.
(2) CLERICAL AMENDMENT- The table of contents for the Immigration and
Nationality Act is amended by inserting after the item relating to section
218 the following:
`Sec. 218A. Admission of W visa nonimmigrant guest workers.'.
SEC. 303. EFFECTIVE DATE.
Except as specifically provided otherwise, this title and the amendments
made by this title shall take effect on the effective date set out in section
601.
TITLE IV--PENALTIES
SEC. 401. INCREASED CRIMINAL PENALTIES FOR DOCUMENT FRAUD.
Section 1546 of title 18, United States Code, is amended--
(A) by striking `not more than 25 years' and inserting `not less than
25 years';
(B) by inserting `and if the terrorism offense resulted in the death
of any person, shall be punished by death or imprisoned for life,' after
`section 2331 of this title)),';
(C) by striking `20 years' and inserting `imprisoned not more than 40
years';
(D) by striking `10 years' and inserting `imprisoned not more than 20
years'; and
(E) by striking `15 years' and inserting `imprisoned not more than 30
years'; and
(2) in subsection (b), by striking `5 years' and inserting `10 years'.
SEC. 402. INCREASED CRIMINAL PENALTIES FOR CERTAIN CRIMES.
(a) In General- Title 18, United States Code, is amended by inserting after
chapter 51 the following:
`CHAPTER 52--ILLEGAL ALIENS
`SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES COMMITTED BY ILLEGAL
ALIENS.
`(a) Any alien unlawfully present in the United States, who commits, or
conspires or attempts to commit, a crime of violence or a drug trafficking
offense (as defined in section 924), shall be fined under this title and
sentenced to not less than 5 years in prison.
`(b) If an alien who violates subsection (a) was previously ordered removed
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) on the
grounds of having committed a crime, the alien shall be sentenced to not
less than 15 years in prison.
`(c) A sentence of imprisonment imposed under this section shall run consecutively
to any other sentence of imprisonment imposed for any other crime.'.
(b) Clerical Amendment- The table of chapters at the beginning of part I
of title 18, United States Code, is amended by inserting after the item
relating to chapter 51 the following:
1131
SEC. 403. ADDITIONAL PENALTIES.
(a) In General- Section 218A of the Immigration and Nationality Act, as
added by section 302, is amended by adding at the end the following:
`(1) GUEST WORKERS- A guest worker who violates any of the terms described
in subsection (d) shall be subject to deportation and shall be ineligible
to receive a nonimmigrant visa under this section.
`(A) NOTIFICATION OF VIOLATION- An employer who fails to notify the
Secretary of Homeland Security after discovering that a guest worker
has violated any of the terms described in subsection (d) shall be ineligible
to employ any alien in possession of a nonimmigrant visa issued under
section.
`(B) EMPLOYMENT OF ILLEGAL WORKERS- Any employer who knowingly employs
a worker in the United States who is not authorized to work in the United
States shall be subject to--
`(i) for the first violation, a civil penalty in an amount not to
exceed $25,000; and
`(ii) for the second or subsequent violation--
`(I) a term of imprisonment not to exceed 2 years for the individual
who hired the unauthorized worker; and
`(II) disqualification of the employer from further participation
in the guest worker program authorized under this section.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect
on the date which is 2 years after the date of the effective date set out
in section 601.
TITLE V--REMOVAL AND VIOLATION TRACKING
SEC. 501. INSTITUTIONAL REMOVAL PROGRAM.
(a) Institutional Removal Program-
(1) CONTINUATION- The Secretary shall continue to operate the Institutional
Removal Program of the Department to--
(A) identify removable criminal aliens in Federal and State correctional
facilities;
(B) ensure that such aliens are not released into the community; and
(C) remove such aliens from the United States after the completion of
their sentences.
(2) EXPANSION- Not later than 5 years after the date of the enactment
of this Act, the Secretary shall expand the Institutional Removal Program
to every State.
(3) STATE PARTICIPATION- The appropriate officials of each State in which
the Secretary is operating the Institutional Removal Program should--
(A) cooperate with Federal officials carrying out the Institutional
Removal Program;
(B) expeditiously and systematically identify criminal aliens in the
prison and jail populations of the State; and
(C) promptly convey the information described in subparagraph (B) to
the appropriate officials carrying out the Institutional Removal Program.
(b) Report to Congress- Not later than 2 years after of the date of the
enactment of this Act, the Secretary shall submit a report to Congress on
the participation of the States in the Institutional Removal Program.
(c) Authorization of Appropriations- There are authorized to be appropriated
$50,000,000 to carry out the expanded Institutional Removal Program authorized
under subsection (a).
SEC. 502. AUTHORIZATION FOR DETENTION AFTER COMPLETION OF STATE OR LOCAL
PRISON SENTENCE.
(a) In General- Law enforcement officers of a State or political subdivision
of a State are authorized to--
(1) hold an illegal alien for a period of up to 14 days after the alien
has completed the alien's State or local 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 or
local prison sentence to be detained by an appropriate prison until personnel
from the Bureau of Immigration and Customs Enforcement can take the alien
into Federal custody.
(1) IN GENERAL- The Secretary shall reimburse a State or a political subdivision
of a State for all reasonable expenses incurred by the State or the political
subdivision for the detention of an alien as described in subsection (a).
(2) COST COMPUTATION- The amount of reimbursement provided for costs incurred
carrying out subsection (a) shall be determined pursuant to a formula
determined by the Secretary.
(c) Technology Usage- Technology such as videoconferencing shall be used
to the maximum extent possible in order to make the Institutional Removal
Program available in remote locations. Mobile access to Federal databases
of aliens 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 are authorized to be appropriated
such sums as may be necessary to reimburse a State or political subdivision
of a State for the detention of an illegal alien pursuant to subsection
(b).
SEC. 503. USE OF THE NATIONAL CRIME INFORMATION CENTER DATABASE TO TRACK
VIOLATIONS OF IMMIGRATION LAW.
(a) Provision of Information to the National Crime Information Center-
(1) IN GENERAL- Not later than 1 year after the date of enactment of this
Act, the Secretary shall provide the National Crime Information Center
of the Department of Justice with such information as the Director may
have related to--
(A) any alien against whom a final order of removal has been issued;
(B) any alien who is subject to a voluntary departure agreement that
has become invalid under section 240B(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1229c); and
(C) any alien whose visa has been revoked.
(2) REQUIREMENT TO PROVIDE AND USE INFORMATION- The information described
in paragraph (1) shall be provided to the National Crime Information Center,
and the Center shall enter the information into the Immigration Violators
File of the National Crime Information Center database if the name and
date of birth are available for the individual, regardless of whether
the alien received notice of a final order of removal or the alien has
already been removed.
(3) REMOVAL OF INFORMATION- Should an individual be granted cancellation
of removal under section 240A of the Immigration and Nationality Act (8
U.S.C. 1229b), or granted permission to legally enter the United States
pursuant to the Immigration and Nationality Act after a voluntary departure
under section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c),
information entered into the National Crime Information Center in accordance
with paragraph (1) of this section shall be promptly removed.
(b) Inclusion of Information in the National Crime Information Center Database-
Section 534(a) of title 28, United States Code, is amended--
(1) in paragraph (3), by striking `and' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following new paragraph:
`(4) acquire, collect, classify, and preserve records of violations of
the immigration laws of the United States, regardless of whether the alien
has received notice of the violation or the alien has already been removed;
and'.
TITLE VI--BORDER SECURITY CERTIFICATION
SEC. 601. BORDER SECURITY CERTIFICATION.
Any program authorized by this Act, or by any amendment made by this Act,
which grants legal status to any individual, or adjusts the current status
of any individual, who enters or entered the United States in violation
of Federal law shall be effective on the date that the Secretary submits
a written certification to the President and Congress that the border security
measures authorized under title I and the increases in Federal detention
space authorized under section 233 have been fully completed and are fully
operational.
END
