To secure smuggling routes on the U.S.-Mexico border, better prevent the smuggling of narcotics and weapons across the border, and for other purposes.

Summary: Border Sovereignty and Protection Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require that: (1) at least 350 miles of fencing along the southwest border be two layers of reinforced fencing separated by a Border Patrol access road; (2) such work shall be completed within one year of enactment of this Act; and (3) fencing existing as of April 1, 2009, shall not be considered in meeting the mileage requirement.

Gives the Department of Homeland Security (DHS) full authority, concurrent with that of the Department of Justice, to investigate violations of the Controlled Substances Act or the Controlled Substances Import and Export Act.

Amends the federal criminal code to provide for a fine and/or at least 15 years imprisonment for firearms smuggling in connection with a crime of violence or drug trafficking.

Makes a state or local subdivision ineligible for state criminal alien assistance program (SCAAP) funding if such state or subdivision: (1) has in effect any law, policy, or procedure prohibiting or restricting communication with the Immigration and Naturalization Service or other government entity regarding an individual's citizenship or immigration status; or (2) prohibits state or local law enforcement officials from gathering information regarding an individual's citizenship or immigration status.

Sets forth provisions regarding the expedited removal of: (1) inadmissible arriving aliens; and (2) criminal aliens.

Makes the basic pilot employment verification (E-Verify) program permanent.

Sets forth the following E-Verify compliance schedule: (1) one year from enactment of this Act for federal agencies, federal contractors, and employers of more than 250 persons; (2) two years from enactment for employers of 100 or more persons; (3) three years from enactment for employers of 30 or more persons; and (4) four years from enactment for all employers.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Border Sovereignty and Protection 
Act''.

SEC. 2. TWO-LAYERED REINFORCED FENCING ALONG THE SOUTHWEST BORDER.

    (a) In General.--Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1103 
note) is amended by amending subparagraph (A) of subsection (b)(1) to 
read as follows:
                    ``(A) Two-layered reinforced fencing.--
                            ``(i) In general.--In carrying out 
                        subsection (a), the Secretary of Homeland 
                        Security shall construct two layers of 
                        reinforced fencing along not fewer than 350 
                        miles of the southwest border where such 
                        fencing would be most practical and effective 
                        and provide for the installation of related 
                        security infrastructure to gain operational 
                        control of the southwest border.
                            ``(ii) Border patrol access road.--The two-
                        layered reinforced fencing required under 
                        clause (i) shall be separated by a Border 
                        Patrol access road.
                            ``(iii) Construction deadline.--The 
                        Secretary shall ensure the completion of the 
                        construction of such two-layered reinforced 
                        fencing (including the installation of such 
                        related security infrastructure) required under 
                        clause (i) and the construction of the Border 
                        Patrol access road required under clause (ii) 
                        by not later than the date that is one year 
                        after the date of the enactment of this 
                        subparagraph.
                            ``(iv) Prohibition on preexisting fencing 
                        to satisfy mileage requirement.--In carrying 
                        out clause (i), the Secretary may not consider 
                        fencing along the southwest border in existence 
                        on April 1, 2009, for purposes of satisfying 
                        the mileage requirement under such clause.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out the amendment 
made by subsection (a).

SEC. 3. DEPARTMENT OF HOMELAND SECURITY AUTHORITY WITH REGARD TO DRUG 
              OFFENSES.

     The Department of Homeland Security shall have full authority, 
concurrent with that of the Department of Justice, to investigate any 
criminal violation of the Controlled Substances Act or the Controlled 
Substances Import and Export Act.

SEC. 4. MANDATORY MINIMUM SENTENCE FOR FIREARMS SMUGGLING.

    (a) Smuggling Into the United States.--Section 924 of title 18, 
United States Code, is amended by adding at the end the following:
    ``(q) Whoever, in relation to a crime of violence (as defined in 
subsection (c)(3)) or a drug trafficking crime (as defined in 
subsection (c)(2)), smuggles or fraudulently or knowingly imports or 
brings into the United States a firearm, or attempts to do so, contrary 
to any law or regulation of the United States shall be fined under this 
title, imprisoned not less than 15 years, or both.''.
    (b) Smuggling Out of the United States.--Section 554(a) of title 
18, United States Code, is amended by inserting ``, but if the 
merchandise, article, or object is a firearm (as defined in section 
921) and the conduct described in this subsection occurs in relation to 
a crime of violence (as defined in section 924(c)(3)) or a drug 
trafficking crime (as defined in section 924(c)(2)), the term of 
imprisonment for the offense shall be not less than 15 years'' after 
``or both''.

SEC. 5. ELIGIBILITY REQUIREMENTS FOR STATE CRIMINAL ALIEN ASSISTANCE 
              PROGRAM (SCAAP) FUNDING.

    Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended by adding at the end the following:
            ``(7) A State (or a political subdivision of a State) shall 
        not be eligible to enter into a contractual arrangement under 
        paragraph (1) if the State (or political subdivision)--
                    ``(A) has in effect any law, policy, or procedure 
                in contravention of subsection (a) or (b) of section 
                642 of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1373); or
                    ``(B) prohibits State or local law enforcement 
                officials from gathering information regarding the 
                citizenship or immigration status, lawful or unlawful, 
                of any individual.''.

SEC. 6. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING ALIENS.

    Section 235(b)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) 
and inserting the following:
                            ``(i) In general.--If an immigration 
                        officer determines that an alien (other than an 
                        alien described in subparagraph (F)) who is 
                        arriving in the United States, or who has not 
                        been admitted or paroled into the United States 
                        and has not been physically present in the 
                        United States continuously for the 3-year 
                        period immediately prior to the date of the 
                        determination of inadmissibility under this 
                        paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review, unless--
                                    ``(I) the alien has been charged 
                                with a crime; or
                                    ``(II) the alien indicates an 
                                intention to apply for asylum under 
                                section 208 or a fear of persecution 
                                and the officer determines that the 
                                alien has been physically present in 
                                the United States for less than 1 year.
                            ``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who has not been admitted or paroled into the 
                        United States and has not been physically 
                        present in the United States continuously for 
                        the 3-year period immediately prior to the date 
                        of the determination of inadmissibility under 
                        this paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B) if the officer determines that 
                        the alien has been physically present in the 
                        United States for less than 1 year.''.

SEC. 7. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

    (a) In General.--Section 238 of the Immigration and Nationality Act 
(8 U.S.C. 1228) is amended--
            (1) by amending the section heading to read as follows: 
        ``expedited removal of criminal aliens'';
            (2) in subsection (a), by amending the subsection heading 
        to read as follows: ``Expedited Removal From Correctional 
        Facilities'';
            (3) in subsection (b), by amending the subsection heading 
        to read as follows: ``Removal of Criminal Aliens'';
            (4) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--The Secretary 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, whether or not admitted into the United 
        States, was convicted of any criminal offense described in 
        subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
            (5) in the first subsection (c) (relating to presumption of 
        deportability), by striking ``convicted of an aggravated 
        felony'' and inserting ``described in paragraph (b)(2)'';
            (6) by redesignating the second subsection (c) (relating to 
        judicial removal) as subsection (d); and
            (7) in subsection (d)(5) (as so redesignated), by striking 
        ``, who is deportable under this Act,''.
    (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether 
temporarily or otherwise,'' after ``enjoin''.

SEC. 8. MANDATORY EMPLOYMENT AUTHORIZATION VERIFICATION.

    (a) Making Basic Pilot Program Permanent.--Section 401(b) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) is amended by adding before the period at the end of 
the last sentence the following ``, except that the basic pilot program 
described in section 403(a) shall be a permanent program''.
    (b) Mandatory Use of E-Verify System.--
            (1) In general.--Subject to paragraphs (2) and (3), every 
        person or other entity that hires one or more individuals for 
        employment in the United States shall verify through the E-
        Verify program, established as the basic pilot program by 
        section 403(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208; 8 
        U.S.C. 1324a note), that each such individual is authorized to 
        work in the United States. The Secretary of Homeland Security 
        shall ensure that verification by means of a toll-free 
        telephone line is an available option in complying with the 
        preceding sentence.
            (2) Select entities required to use e-verify program 
        immediately.--The following entities must satisfy the 
        requirement in paragraph (1) by not later than one year after 
        the date of the enactment of this Act:
                    (A) Federal agencies.--Each department and agency 
                of the Federal Government.
                    (B) Federal contractors.--A contractor that--
                            (i) has entered into a contract with the 
                        Federal Government to which section 2(b)(1) of 
                        the Service Contract Act of 1965 (41 U.S.C. 
                        351(b)(1)) applies, and any subcontractor under 
                        such contract; or
                            (ii) has entered into a contract exempted 
                        from the application of such Act by section 6 
                        of such Act (41 U.S.C. 356), and any 
                        subcontractor under such contract; and
                    (C) Large employers.--An employer that employs more 
                than 250 individuals in the United States.
            (3) Phasing-in for other employers.--
                    (A) 2 years for employers of 100 or more.--Entities 
                that employ 100 or more individuals in the United 
                States must satisfy the requirement in paragraph (1) by 
                not later than two years after the date of the 
                enactment of this Act.
                    (B) 3 years for employers with 30 or more 
                employees.--All entities that employ 30 or more 
                individuals in the United States must satisfy the 
                requirement in paragraph (1) by not later than three 
                years after the date of the enactment of this Act.
                    (C) 4 years for all employers.--All entities that 
                employ one or more individuals in the United States 
                must satisfy the requirement in paragraph (1) by not 
                later than four years after the date of the enactment 
                of this Act.
            (4) Verifying employment authorization of current 
        employees.--Every person or other entity that employs one or 
        more persons in the United States shall verify through the E-
        Verify program by not later than four years after the date of 
        the enactment of this Act that each employee is authorized to 
        work in the United States.
            (5) Defense.--An employer who has complied with the 
        requirements in paragraphs (1) and (4) shall not be liable for 
        hiring an unauthorized alien, if--
                    (A) such hiring occurred due to an error in the E-
                Verify program that was unknown to the employer at the 
                time of such hiring; and
                    (B) the employer terminates the employment of the 
                alien upon being informed of the error.
            (6) Sanctions for noncompliance.--The failure of an 
        employer to comply with the requirements in paragraphs (1) or 
        (4) shall--
                    (A) be treated as a violation of section 
                274A(a)(1)(B) with respect to each offense; and
                    (B) create a rebuttable presumption that the 
                employer has violated section 274A(a)(1)(A).
            (7) Voluntary participation of employers not immediately 
        subject to requirement.--Nothing in this subsection shall be 
        construed as preventing a person or other entity that is not 
        immediately subject to the requirement of paragraph (1) 
        pursuant to paragraph (2) or (3) from voluntarily using the E-
        Verify program to verify the employment authorization of new 
        hires or current employees.
            (8) State interference.--No State may prohibit a person or 
        other entity from using the E-verify program to verify the 
        employment authorization of new hires or current employees.