II 

Calendar No. 376 

109TH CONGRESS 

2D SESSION S. 2454 

To amend the Immigration and Nationality Act to provide for comprehensive 

reform and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 16 (legislative day, MARCH 15), 2006 

Mr. FRIST introduced the following bill; which was read twice and ordered to 

be placed on the calendar 

A BILL 

To amend the Immigration and Nationality Act to provide 

for comprehensive reform and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Securing America’s Borders Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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

Sec. 3. Definitions. 


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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. 

Subtitle C—Other Border Security Initiatives 

Sec. 121. Biometric data enhancements. 

Sec. 122. Secure communication. 

Sec. 123. Border patrol training capacity review. 

Sec. 124. US-VISIT System. 

Sec. 125. Document fraud detection. 

Sec. 126. Improved document integrity. 

Sec. 127. Cancellation of visas. 

Sec. 128. Biometric entry-exit system. 

Sec. 129. Border study. 

Sec. 130. Secure Border Initiative financial accountability. 

TITLE II—INTERIOR ENFORCEMENT 

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

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

Sec. 203. Aggravated felony. 

Sec. 204. Terrorist bars. 

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

alien smuggling. 

Sec. 206. Illegal entry or unlawful presence of an alien. 

Sec. 207. Illegal reentry. 

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

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

Sec. 210. Incarceration of criminal aliens. 

Sec. 211. Encouraging aliens to depart voluntarily. 

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

States unlawfully. 

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

by certain aliens. 

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

and peonage offenses. 

Sec. 215. Diplomatic security service. 

Sec. 216. Field agent allocation and background checks. 

Sec. 217. Denial of benefits to terrorists and criminals. 

Sec. 218. State criminal alien assistance program. 


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Sec. 219. Transportation and processing of illegal aliens apprehended by State 

and local law enforcement officers. 

Sec. 220. State and local law enforcement of Federal immigration laws. 

Sec. 221. Reducing illegal immigration and alien smuggling on tribal lands. 

Sec. 222. Alternatives to detention. 

Sec. 223. Conforming amendment. 

Sec. 224. Reporting requirements. 

Sec. 225. Mandatory detention for aliens apprehended at or between ports of 

entry. 

Sec. 226. Removal of drunk drivers. 

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. Listing of immigration violators in the National Crime Information 

Center database. 

Sec. 231. Laundering of monetary instruments. 

Sec. 232. Severability. 

TITLE III—UNLAWFUL EMPLOYMENT OF ALIENS 

Sec. 301. Unlawful employment of aliens. 

Sec. 302. Employer Compliance Fund. 

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

Sec. 304. Clarification of ineligibility for misrepresentation. 

TITLE IV—BACKLOG REDUCTION AND VISAS FOR STUDENTS AND 

ALIENS WITH ADVANCED DEGREES 

Sec. 401. Elimination of existing backlogs. 

Sec. 402. Country limits. 

Sec. 403. Allocation of immigrant visas. 

Sec. 404. Relief for minor children. 

Sec. 405. Student visas. 

Sec. 406. Visas for individuals with advanced degrees. 

Sec. 407. Medical services in underserved areas. 

TITLE V—IMMIGRATION LITIGATION REDUCTION 

Sec. 501. Consolidation of immigration appeals. 

Sec. 502. Additional immigration personnel. 

Sec. 503. Board of immigration appeals removal order authority. 

Sec. 504. Judicial review of visa revocation. 

Sec. 505. Reinstatement of removal orders. 

Sec. 506. Withholding of removal. 

Sec. 507. Certificate of reviewability. 

Sec. 508. Discretionary decisions on motions to reopen or reconsider. 

Sec. 509. Prohibition of attorney fee awards for review of final orders of removal. 

Sec. 510. Board of Immigration Appeals. 

TITLE VI—MISCELLANEOUS 

Sec. 601. Technical and conforming amendments. 


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1 SEC. 2. REFERENCE TO THE IMMIGRATION AND NATION2 ALITY ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.). 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) DEPARTMENT.—Except as otherwise pro12 vided, the term ‘‘Department’’ means the Depart13 ment of Homeland Security. 

14 (2) SECRETARY.—Except as otherwise provided, 

15 the term ‘‘Secretary’’ means the Secretary of Home16 land Security. 

17 TITLE I—BORDER 

18 ENFORCEMENT 

19 Subtitle A—Assets for Controlling 

20 United States Borders 

21 SEC. 101. ENFORCEMENT PERSONNEL. 

22 (a) ADDITIONAL PERSONNEL.— 

23 (1) CUSTOMS AND BORDER PROTECTION OFFI24 CERS.—In each of the fiscal years 2007 through 

25 2011, the Secretary shall, subject to the availability 

26 of appropriations, increase by not less than 250 the 


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1 number of positions for full-time active duty Cus2 toms and Border Protection officers. 

3 (2) PORT OF ENTRY INSPECTORS.—In each of 

4 the fiscal years 2007 through 2011, the Secretary 

5 shall, subject to the availability of appropriations, in6 crease by not less than 250 the number of positions 

7 for full-time active duty port of entry inspectors and 

8 provide appropriate training, equipment, and sup9 port to such additional inspectors. 

10 (3) BORDER PATROL AGENT.—Section 5202 of 

11 the Intelligence Reform and Terrorism Prevention 

12 Act of 2004 (Public Law 108–458; 118 Stat. 3734) 

13 is amended— 

14 (A) by striking ‘‘2010’’ both places it ap15 pears and inserting ‘‘2011’’; and 

16 (B) by striking ‘‘2,000’’ and inserting 

17 ‘‘2,400’’. 

18 (4) INVESTIGATIVE PERSONNEL.— 

19 (A) IMMIGRATION AND CUSTOMS EN20 FORCEMENT INSPECTORS.—Section 5203 of the 

21 Intelligence Reform and Terrorism Prevention 

22 Act of 2004 (Public Law 108–458; 118 Stat. 

23 3734) is amended by striking ‘‘800’’ and insert24 ing ‘‘1000’’. 


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1 (B) ADDITIONAL PERSONNEL.—In addi2 tion to the positions authorized under section 

3 5203 of the Intelligence Reform and Terrorism 

4 Prevention Act of 2004, as amended by sub5 paragraph (A), during each of the fiscal years 

6 2007 through 2011, the Secretary shall, subject 

7 to the availability of appropriations, increase by 

8 not less than 200 the number of positions for 

9 personnel within the Department assigned to 

10 investigate alien smuggling. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) CUSTOMS AND BORDER PROTECTION OFFI13 CERS.—There are authorized to be appropriated to 

14 the Secretary such sums as may be necessary for 

15 each of the fiscal years 2007 through 2011 to carry 

16 out paragraph (1) of subsection (a). 

17 (2) PORT OF ENTRY INSPECTORS.—There are 

18 authorized to be appropriated to the Secretary such 

19 sums as may be necessary for each of the fiscal 

20 years 2007 through 2011 to carry out paragraph (2) 

21 of subsection (a). 

22 (3) BORDER PATROL AGENTS.—There are au23 thorized to be appropriated to the Secretary such 

24 sums as may be necessary for each of fiscal years 

25 2007 through 2011 to carry out section 5202 of the 


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1 Intelligence Reform and Terrorism Prevention Act 

2 of 2004 (Public Law 108–458; 118 Stat. 3734), as 

3 amended by subsection (a)(3). 

4 SEC. 102. TECHNOLOGICAL ASSETS. 

5 (a) ACQUISITION.—Subject to the availability of ap6 propriations, the Secretary shall procure additional un7 manned aerial vehicles, cameras, poles, sensors, and other 

8 technologies necessary to achieve operational control of the 

9 international borders of the United States and to establish 

10 a security perimeter known as a ‘‘virtual fence’’ along such 

11 international borders to provide a barrier to illegal immi12 gration. 

13 (b) INCREASED AVAILABILITY OF EQUIPMENT.—The 

14 Secretary and the Secretary of Defense shall develop and 

15 implement a plan to use authorities provided to the Sec16 retary of Defense under chapter 18 of title 10, United 

17 States Code, to increase the availability and use of Depart18 ment of Defense equipment, including unmanned aerial 

19 vehicles, tethered aerostat radars, and other surveillance 

20 equipment, to assist the Secretary in carrying out surveil21 lance activities conducted at or near the international land 

22 borders of the United States to prevent illegal immigra23 tion. 

24 (c) REPORT.—Not later than 6 months after the date 

25 of enactment of this Act, the Secretary and the Secretary 


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1 of Defense shall submit to Congress a report that con2 tains— 

3 (1) a description of the current use of Depart4 ment of Defense equipment to assist the Secretary 

5 in carrying out surveillance of the international land 

6 borders of the United States and assessment of the 

7 risks to citizens of the United States and foreign 

8 policy interests associated with the use of such 

9 equipment; 

10 (2) the plan developed under subsection (b) to 

11 increase the use of Department of Defense equip12 ment to assist such surveillance activities; and 

13 (3) a description of the types of equipment and 

14 other support to be provided by the Secretary of De15 fense under such plan during the 1-year period be16 ginning on the date of the submission of the report. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated to the Secretary such 

19 sums as may be necessary for each of the fiscal years 2007 

20 through 2011 to carry out subsection (a). 

21 (e) CONSTRUCTION.—Nothing in this section may be 

22 construed as altering or amending the prohibition on the 

23 use of any part of the Army or the Air Force as a posse 

24 comitatus under section 1385 of title 18, United States 

25 Code. 


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1 SEC. 103. INFRASTRUCTURE. 

2 (a) CONSTRUCTION OF BORDER CONTROL FACILI3 TIES.—Subject to the availability of appropriations, the 

4 Secretary shall construct all-weather roads and acquire 

5 additional vehicle barriers and facilities necessary to 

6 achieve operational control of the international borders of 

7 the United States. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to the Secretary such 

10 sums as may be necessary for each of the fiscal years 2007 

11 through 2011 to carry out subsection (a). 

12 SEC. 104. BORDER PATROL CHECKPOINTS. 

13 The Secretary may maintain temporary or permanent 

14 checkpoints on roadways in border patrol sectors that are 

15 located in proximity to the international border between 

16 the United States and Mexico. 

17 SEC. 105. PORTS OF ENTRY. 

18 The Secretary is authorized to— 

19 (1) construct additional ports of entry along the 

20 international land borders of the United States, at 

21 locations to be determined by the Secretary; and 

22 (2) make necessary improvements to the ports 

23 of entry in existence on the date of the enactment 

24 of this Act. 


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1 SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENC2 ING AND VEHICLE BARRIERS. 

3 (a) TUCSON SECTOR.—The Secretary shall— 

4 (1) replace all aged, deteriorating, or damaged 

5 primary fencing in the Tucson Sector located proxi6 mate to population centers in Douglas, Nogales, 

7 Naco, and Lukeville, Arizona with double- or triple8 layered fencing running parallel to the international 

9 border between the United States and Mexico; 

10 (2) extend the double- or triple-layered fencing 

11 for a distance of not less than 2 miles beyond urban 

12 areas, except that the double- or triple-layered fence 

13 shall extend west of Naco, Arizona, for a distance of 

14 25 miles; and 

15 (3) construct not less than 150 miles of vehicle 

16 barriers and all-weather roads in the Tucson Sector 

17 running parallel to the international border between 

18 the United States and Mexico in areas that are 

19 known transit points for illegal cross-border traffic. 

20 (b) YUMA SECTOR.—The Secretary shall— 

21 (1) replace all aged, deteriorating, or damaged 

22 primary fencing in the Yuma Sector located proxi23 mate to population centers in Yuma, Somerton, and 

24 San Luis, Arizona with double- or triple-layered 

25 fencing running parallel to the international border 

26 between the United States and Mexico; 


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1 (2) extend the double- or triple-layered fencing 

2 for a distance of not less than 2 miles beyond urban 

3 areas in the Yuma Sector. 

4 (3) construct not less than 50 miles of vehicle 

5 barriers and all-weather roads in the Yuma Sector 

6 running parallel to the international border between 

7 the United States and Mexico in areas that are 

8 known transit points for illegal cross-border traffic. 

9 (c) CONSTRUCTION DEADLINE.—The Secretary shall 

10 immediately commence construction of the fencing, bar11 riers, and roads described in subsections (a) and (b), and 

12 shall complete such construction not later than 2 years 

13 after the date of the enactment of this Act. 

14 (d) REPORT.—Not later than 1 year after the date 

15 of the enactment of this Act, the Secretary shall submit 

16 a report to the Committee on the Judiciary of the Senate 

17 and the Committee on the Judiciary of the House of Rep18 resentatives that describes the progress that has been 

19 made in constructing the fencing, barriers, and roads de20 scribed in subsections (a) and (b). 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as may be 

23 necessary to carry out this section. 


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1 Subtitle B—Border Security Plans, 

2 Strategies, and Reports 

3 SEC. 111. SURVEILLANCE PLAN. 

4 (a) REQUIREMENT FOR PLAN.—The Secretary shall 

5 develop a comprehensive plan for the systematic surveil6 lance of the international land and maritime borders of 

7 the United States. 

8 (b) CONTENT.—The plan required by subsection (a) 

9 shall include the following: 

10 (1) An assessment of existing technologies em11 ployed on the international land and maritime bor12 ders of the United States. 

13 (2) A description of the compatibility of new 

14 surveillance technologies with surveillance tech15 nologies in use by the Secretary on the date of the 

16 enactment of this Act. 

17 (3) A description of how the Commissioner of 

18 the United States Customs and Border Protection of 

19 the Department is working, or is expected to work, 

20 with the Under Secretary for Science and Tech21 nology of the Department to identify and test sur22 veillance technology. 

23 (4) A description of the specific surveillance 

24 technology to be deployed. 


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1 (5) Identification of any obstacles that may im2 pede such deployment. 

3 (6) A detailed estimate of all costs associated 

4 with such deployment and with continued mainte5 nance of such technologies. 

6 (7) A description of how the Secretary is work7 ing with the Administrator of the Federal Aviation 

8 Administration on safety and airspace control issues 

9 associated with the use of unmanned aerial vehicles. 

10 (c) SUBMISSION TO CONGRESS.—Not later than 6 

11 months after the date of the enactment of this Act, the 

12 Secretary shall submit to Congress the plan required by 

13 this section. 

14 SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY. 

15 (a) REQUIREMENT FOR STRATEGY.—The Secretary, 

16 in consultation with the heads of other appropriate Fed17 eral agencies, shall develop a National Strategy for Border 

18 Security that describes actions to be carried out to achieve 

19 operational control over all ports of entry into the United 

20 States and the international land and maritime borders 

21 of the United States. 

22 (b) CONTENT.—The National Strategy for Border 

23 Security shall include the following: 


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1 (1) The implementation schedule for the com2 prehensive plan for systematic surveillance described 

3 in section 111. 

4 (2) An assessment of the threat posed by ter5 rorists and terrorist groups that may try to infiltrate 

6 the United States at locations along the inter7 national land and maritime borders of the United 

8 States. 

9 (3) A risk assessment for all United States 

10 ports of entry and all portions of the international 

11 land and maritime borders of the United States that 

12 includes a description of activities being under13 taken— 

14 (A) to prevent the entry of terrorists, other 

15 unlawful aliens, instruments of terrorism, nar16 cotics, and other contraband into the United 

17 States; and 

18 (B) to protect critical infrastructure at or 

19 near such ports of entry or borders. 

20 (4) An assessment of the legal requirements 

21 that prevent achieving and maintaining operational 

22 control over the entire international land and mari23 time borders of the United States. 

24 (5) An assessment of the most appropriate, 

25 practical, and cost-effective means of defending the 


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1 international land and maritime borders of the 

2 United States against threats to security and illegal 

3 transit, including intelligence capacities, technology, 

4 equipment, personnel, and training needed to ad5 dress security vulnerabilities. 

6 (6) An assessment of staffing needs for all bor7 der security functions, taking into account threat 

8 and vulnerability information pertaining to the bor9 ders and the impact of new security programs, poli10 cies, and technologies. 

11 (7) A description of the border security roles 

12 and missions of Federal, State, regional, local, and 

13 tribal authorities, and recommendations regarding 

14 actions the Secretary can carry out to improve co15 ordination with such authorities to enable border se16 curity and enforcement activities to be carried out in 

17 a more efficient and effective manner. 

18 (8) An assessment of existing efforts and tech19 nologies used for border security and the effect of 

20 the use of such efforts and technologies on civil 

21 rights, personal property rights, and civil liberties, 

22 including an assessment of efforts to take into ac23 count asylum seekers, trafficking victims, unaccom24 panied minor aliens, and other vulnerable popu25 lations. 


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1 (9) A prioritized list of research and develop2 ment objectives to enhance the security of the inter3 national land and maritime borders of the United 

4 States. 

5 (10) A description of ways to ensure that the 

6 free flow of travel and commerce is not diminished 

7 by efforts, activities, and programs aimed at secur8 ing the international land and maritime borders of 

9 the United States. 

10 (11) An assessment of additional detention fa11 cilities and beds that are needed to detain unlawful 

12 aliens apprehended at United States ports of entry 

13 or along the international land borders of the United 

14 States. 

15 (12) A description of the performance metrics 

16 to be used to ensure accountability by the bureaus 

17 of the Department in implementing such Strategy. 

18 (13) A schedule for the implementation of the 

19 security measures described in such Strategy, includ20 ing a prioritization of security measures, realistic 

21 deadlines for addressing the security and enforce22 ment needs, an estimate of the resources needed to 

23 carry out such measures, and a description of how 

24 such resources should be allocated. 


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1 (c) CONSULTATION.—In developing the National 

2 Strategy for Border Security, the Secretary shall consult 

3 with representatives of— 

4 (1) State, local, and tribal authorities with re5 sponsibility for locations along the international land 

6 and maritime borders of the United States; and 

7 (2) appropriate private sector entities, non8 governmental organizations, and affected commu9 nities that have expertise in areas related to border 

10 security. 

11 (d) COORDINATION.—The National Strategy for Bor12 der Security shall be consistent with the National Strategy 

13 for Maritime Security developed pursuant to Homeland 

14 Security Presidential Directive 13, dated December 21, 

15 2004. 

16 (e) SUBMISSION TO CONGRESS.— 

17 (1) STRATEGY.—Not later than 1 year after the 

18 date of the enactment of this Act, the Secretary 

19 shall submit to Congress the National Strategy for 

20 Border Security. 

21 (2) UPDATES.—The Secretary shall submit to 

22 Congress any update of such Strategy that the Sec23 retary determines is necessary, not later than 30 

24 days after such update is developed. 


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1 (f) IMMEDIATE ACTION.—Nothing in this section or 

2 section 111 may be construed to relieve the Secretary of 

3 the responsibility to take all actions necessary and appro4 priate to achieve and maintain operational control over the 

5 entire international land and maritime borders of the 

6 United States. 

7 SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF IN8 FORMATION ON NORTH AMERICAN SECU9 RITY. 

10 (a) REQUIREMENT FOR REPORTS.—Not later than 1 

11 year after the date of the enactment of this Act, and annu12 ally thereafter, the Secretary of State, in coordination with 

13 the Secretary and the heads of other appropriate Federal 

14 agencies, shall submit to Congress a report on improving 

15 the exchange of information related to the security of 

16 North America. 

17 (b) CONTENTS.—Each report submitted under sub18 section (a) shall contain a description of the following: 

19 (1) SECURITY CLEARANCES AND DOCUMENT IN20 TEGRITY.—The progress made toward the develop21 ment of common enrollment, security, technical, and 

22 biometric standards for the issuance, authentication, 

23 validation, and repudiation of secure documents, in24 cluding— 


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1 (A) technical and biometric standards 

2 based on best practices and consistent with 

3 international standards for the issuance, au4 thentication, validation, and repudiation of trav5 el documents, including— 

6 (i) passports; 

7 (ii) visas; and 

8 (iii) permanent resident cards; 

9 (B) working with Canada and Mexico to 

10 encourage foreign governments to enact laws to 

11 combat alien smuggling and trafficking, and 

12 laws to forbid the use and manufacture of 

13 fraudulent travel documents and to promote in14 formation sharing; 

15 (C) applying the necessary pressures and 

16 support to ensure that other countries meet 

17 proper travel document standards and are com18 mitted to travel document verification before 

19 the citizens of such countries travel internation20 ally, including travel by such citizens to the 

21 United States; and 

22 (D) providing technical assistance for the 

23 development and maintenance of a national 

24 database built upon identified best practices for 


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1 biometrics associated with visa and travel docu2 ments. 

3 (2) IMMIGRATION AND VISA MANAGEMENT.— 

4 The progress of efforts to share information regard5 ing high-risk individuals who may attempt to enter 

6 Canada, Mexico, or the United States, including the 

7 progress made— 

8 (A) in implementing the Statement of Mu9 tual Understanding on Information Sharing, 

10 signed by Canada and the United States in 

11 February 2003; and 

12 (B) in identifying trends related to immi13 gration fraud, including asylum and document 

14 fraud, and to analyze such trends. 

15 (3) VISA POLICY COORDINATION AND IMMIGRA16 TION SECURITY.—The progress made by Canada, 

17 Mexico, and the United States to enhance the secu18 rity of North America by cooperating on visa policy 

19 and identifying best practices regarding immigration 

20 security, including the progress made— 

21 (A) in enhancing consultation among offi22 cials who issue visas at the consulates or em23 bassies of Canada, Mexico, or the United States 

24 throughout the world to share information, 

25 trends, and best practices on visa flows; 


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1 (B) in comparing the procedures and poli2 cies of Canada and the United States related to 

3 visitor visa processing, including— 

4 (i) application process; 

5 (ii) interview policy; 

6 (iii) general screening procedures; 

7 (iv) visa validity; 

8 (v) quality control measures; and 

9 (vi) access to appeal or review; 

10 (C) in exploring methods for Canada, Mex11 ico, and the United States to waive visa re12 quirements for nationals and citizens of the 

13 same foreign countries; 

14 (D) in providing technical assistance for 

15 the development and maintenance of a national 

16 database built upon identified best practices for 

17 biometrics associated with immigration viola18 tors; 

19 (E) in developing and implementing an im20 migration security strategy for North America 

21 that works toward the development of a com22 mon security perimeter by enhancing technical 

23 assistance for programs and systems to support 

24 advance automated reporting and risk targeting 

25 of international passengers; 


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1 (F) in sharing information on lost and sto2 len passports on a real-time basis among immi3 gration or law enforcement officials of Canada, 

4 Mexico, and the United States; and 

5 (G) in collecting 10 fingerprints from each 

6 individual who applies for a visa. 

7 (4) NORTH AMERICAN VISITOR OVERSTAY PRO8 GRAM.—The progress made by Canada and the 

9 United States in implementing parallel entry-exit 

10 tracking systems that, while respecting the privacy 

11 laws of both countries, share information regarding 

12 third country nationals who have overstayed their 

13 period of authorized admission in either Canada or 

14 the United States. 

15 (5) TERRORIST WATCH LISTS.—The progress 

16 made in enhancing the capacity of the United States 

17 to combat terrorism through the coordination of 

18 counterterrorism efforts, including the progress 

19 made— 

20 (A) in developing and implementing bilat21 eral agreements between Canada and the 

22 United States and between Mexico and the 

23 United States to govern the sharing of terrorist 

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1 merate the uses of such data by the govern2 ments of each country; 

3 (B) in establishing appropriate linkages 

4 among Canada, Mexico, and the United States 

5 Terrorist Screening Center; and 

6 (C) in exploring with foreign governments 

7 the establishment of a multilateral watch list 

8 mechanism that would facilitate direct coordina9 tion between the country that identifies an indi10 vidual as an individual included on a watch list, 

11 and the country that owns such list, including 

12 procedures that satisfy the security concerns 

13 and are consistent with the privacy and other 

14 laws of each participating country. 

15 (6) MONEY LAUNDERING, CURRENCY SMUG16 GLING, AND ALIEN SMUGGLING.—The progress made 

17 in improving information sharing and law enforce18 ment cooperation in combating organized crime, in19 cluding the progress made— 

20 (A) in combating currency smuggling, 

21 money laundering, alien smuggling, and traf22 ficking in alcohol, firearms, and explosives; 

23 (B) in implementing the agreement be24 tween Canada and the United States known as 

25 the Firearms Trafficking Action Plan; 


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1 (C) in determining the feasibility of formu2 lating a firearms trafficking action plan be3 tween Mexico and the United States; 

4 (D) in developing a joint threat assessment 

5 on organized crime between Canada and the 

6 United States; 

7 (E) in determining the feasibility of formu8 lating a joint threat assessment on organized 

9 crime between Mexico and the United States; 

10 (F) in developing mechanisms to exchange 

11 information on findings, seizures, and capture 

12 of individuals transporting undeclared currency; 

13 and 

14 (G) in developing and implementing a plan 

15 to combat the transnational threat of illegal 

16 drug trafficking. 

17 (7) LAW ENFORCEMENT COOPERATION.—The 

18 progress made in enhancing law enforcement co19 operation among Canada, Mexico, and the United 

20 States through enhanced technical assistance for the 

21 development and maintenance of a national database 

22 built upon identified best practices for biometrics as23 sociated with known and suspected criminals or ter24 rorists, including exploring the formation of law en25 forcement teams that include personnel from the 


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1 United States and Mexico, and appropriate proce2 dures for such teams. 

3 SEC. 114. IMPROVING THE SECURITY OF MEXICO’S SOUTH4 ERN BORDER. 

5 (a) TECHNICAL ASSISTANCE.—The Secretary of 

6 State, in coordination with the Secretary, shall work to 

7 cooperate with the head of Foreign Affairs Canada and 

8 the appropriate officials of the Government of Mexico to 

9 establish a program— 

10 (1) to assess the specific needs of Guatemala 

11 and Belize in maintaining the security of the inter12 national borders of such countries; 

13 (2) to use the assessment made under para14 graph (1) to determine the financial and technical 

15 support needed by Guatemala and Belize from Can16 ada, Mexico, and the United States to meet such 

17 needs; 

18 (3) to provide technical assistance to Guatemala 

19 and Belize to promote issuance of secure passports 

20 and travel documents by such countries; and 

21 (4) to encourage Guatemala and Belize— 

22 (A) to control alien smuggling and traf23 ficking; 

24 (B) to prevent the use and manufacture of 

25 fraudulent travel documents; and 


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1 (C) to share relevant information with 

2 Mexico, Canada, and the United States. 

3 (b) BORDER SECURITY FOR BELIZE, GUATEMALA, 

4 AND MEXICO.—The Secretary, in consultation with the 

5 Secretary of State, shall work to cooperate— 

6 (1) with the appropriate officials of the Govern7 ment of Guatemala and the Government of Belize to 

8 provide law enforcement assistance to Guatemala 

9 and Belize that specifically addresses immigration 

10 issues to increase the ability of the Government of 

11 Guatemala to dismantle human smuggling organiza12 tions and gain additional control over the inter13 national border between Guatemala and Belize; and 

14 (2) with the appropriate officials of the Govern15 ment of Belize, the Government of Guatemala, the 

16 Government of Mexico, and the governments of 

17 neighboring contiguous countries to establish a pro18 gram to provide needed equipment, technical assist19 ance, and vehicles to manage, regulate, and patrol 

20 the international borders between Mexico and Guate21 mala and between Mexico and Belize. 

22 (c) TRACKING CENTRAL AMERICAN GANGS.—The 

23 Secretary of State, in coordination with the Secretary and 

24 the Director of the Federal Bureau of Investigation, shall 

25 work to cooperate with the appropriate officials of the 


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1 Government of Mexico, the Government of Guatemala, the 

2 Government of Belize, and the governments of other Cen3 tral American countries— 

4 (1) to assess the direct and indirect impact on 

5 the United States and Central America of deporting 

6 violent criminal aliens; 

7 (2) to establish a program and database to 

8 track individuals involved in Central American gang 

9 activities; 

10 (3) to develop a mechanism that is acceptable 

11 to the governments of Belize, Guatemala, Mexico, 

12 the United States, and other appropriate countries 

13 to notify such a government if an individual sus14 pected of gang activity will be deported to that coun15 try prior to the deportation and to provide support 

16 for the reintegration of such deportees into that 

17 country; and 

18 (4) to develop an agreement to share all rel19 evant information related to individuals connected 

20 with Central American gangs. 

21 Subtitle C—Other Border Security 

22 Initiatives 

23 SEC. 121. BIOMETRIC DATA ENHANCEMENTS. 

24 Not later than October 1, 2007, the Secretary shall— 


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1 (1) in consultation with the Attorney General, 

2 enhance connectivity between the Automated Bio3 metric Fingerprint Identification System (IDENT) 

4 of the Department and the Integrated Automated 

5 Fingerprint Identification System (IAFIS) of the 

6 Federal Bureau of Investigation to ensure more ex7 peditious data searches; and 

8 (2) in consultation with the Secretary of State, 

9 collect all fingerprints from each alien required to 

10 provide fingerprints during the alien’s initial enroll11 ment in the integrated entry and exit data system 

12 described in section 110 of the Illegal Immigration 

13 Reform and Immigrant Responsibility Act of 1996 

14 (8 U.S.C. 1365a). 

15 SEC. 122. SECURE COMMUNICATION. 

16 The Secretary shall, as expeditiously as practicable, 

17 develop and implement a plan to improve the use of sat18 ellite communications and other technologies to ensure 

19 clear and secure 2-way communication capabilities— 

20 (1) among all Border Patrol agents conducting 

21 operations between ports of entry; 

22 (2) between Border Patrol agents and their re23 spective Border Patrol stations; 


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1 (3) between Border Patrol agents and residents 

2 in remote areas along the international land borders 

3 of the United States; and 

4 (4) between all appropriate border security 

5 agencies of the Department and State, local, and 

6 tribal law enforcement agencies. 

7 SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW. 

8 (a) IN GENERAL.—The Comptroller General of the 

9 United States shall conduct a review of the basic training 

10 provided to Border Patrol agents by the Secretary to en11 sure that such training is provided as efficiently and cost12 effectively as possible. 

13 (b) COMPONENTS OF REVIEW.—The review under 

14 subsection (a) shall include the following components: 

15 (1) An evaluation of the length and content of 

16 the basic training curriculum provided to new Bor17 der Patrol agents by the Federal Law Enforcement 

18 Training Center, including a description of how such 

19 curriculum has changed since September 11, 2001, 

20 and an evaluation of language and cultural diversity 

21 training programs provided within such curriculum. 

22 (2) A review and a detailed breakdown of the 

23 costs incurred by the Bureau of Customs and Bor24 der Protection and the Federal Law Enforcement 

25 Training Center to train 1 new Border Patrol agent. 


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1 (3) A comparison, based on the review and 

2 breakdown under paragraph (2), of the costs, effec3 tiveness, scope, and quality, including geographic 

4 characteristics, with other similar training programs 

5 provided by State and local agencies, nonprofit orga6 nizations, universities, and the private sector. 

7 (4) An evaluation of whether utilizing com8 parable non-Federal training programs, proficiency 

9 testing, and long-distance learning programs may af10 fect— 

11 (A) the cost-effectiveness of increasing the 

12 number of Border Patrol agents trained per 

13 year; 

14 (B) the per agent costs of basic training; 

15 and 

16 (C) the scope and quality of basic training 

17 needed to fulfill the mission and duties of a 

18 Border Patrol agent. 

19 SEC. 124. US-VISIT SYSTEM. 

20 Not later than 6 months after the date of the enact21 ment of this Act, the Secretary, in consultation with the 

22 heads of other appropriate Federal agencies, shall submit 

23 to Congress a schedule for— 

24 (1) equipping all land border ports of entry of 

25 the United States with the U.S.-Visitor and ImmiVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 grant Status Indicator Technology (US–VISIT) sys2 tem implemented under section 110 of the Illegal 

3 Immigration Reform and Immigrant Responsibility 

4 Act of 1996 (8 U.S.C. 1365a); 

5 (2) developing and deploying at such ports of 

6 entry the exit component of the US–VISIT system; 

7 and 

8 (3) making interoperable all immigration 

9 screening systems operated by the Secretary. 

10 SEC. 125. DOCUMENT FRAUD DETECTION. 

11 (a) TRAINING.—Subject to the availability of appro12 priations, the Secretary shall provide all Customs and 

13 Border Protection officers with training in identifying and 

14 detecting fraudulent travel documents. Such training shall 

15 be developed in consultation with the head of the Forensic 

16 Document Laboratory of the Bureau of Immigration and 

17 Customs Enforcement. 

18 (b) FORENSIC DOCUMENT LABORATORY.—The Sec19 retary shall provide all Customs and Border Protection of20 ficers with access to the Forensic Document Laboratory. 

21 (c) ASSESSMENT.— 

22 (1) REQUIREMENT FOR ASSESSMENT.—The In23 spector General of the Department shall conduct an 

24 independent assessment of the accuracy and reli25 ability of the Forensic Document Laboratory. 


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1 (2) REPORT TO CONGRESS.—Not later than 6 

2 months after the date of the enactment of this Act, 

3 the Inspector General shall submit to Congress the 

4 findings of the assessment required by paragraph 

5 (1). 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary such 

8 sums as may be necessary for each of fiscal years 2007 

9 through 2011 to carry out this section. 

10 SEC. 126. IMPROVED DOCUMENT INTEGRITY. 

11 (a) IN GENERAL.—Section 303 of the Enhanced Bor12 der Security and Visa Entry Reform Act of 2002 (8 

13 U.S.C. 1732) is amended— 

14 (1) by striking ‘‘Attorney General’’ each place 

15 it appears and inserting ‘‘Secretary of Homeland Se16 curity’’; 

17 (2) in the heading, by striking ‘‘ENTRY AND

18 EXIT DOCUMENTS’’ and inserting ‘‘TRAVEL AND

19 ENTRY DOCUMENTS AND EVIDENCE OF STA20 TUS’’; 

21 (3) in subsection (b)(1)— 

22 (A) by striking ‘‘Not later than October 

23 26, 2004, the’’ and inserting ‘‘The’’; and 


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1 (B) by striking ‘‘visas and’’ both places it 

2 appears and inserting ‘‘visas, evidence of status, 

3 and’’; 

4 (4) by redesignating subsection (d) as sub5 section (e); and 

6 (5) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) OTHER DOCUMENTS.—Not later than October 

9 26, 2007, every document, other than an interim docu10 ment, issued by the Secretary of Homeland Security, 

11 which may be used as evidence of an alien’s status as an 

12 immigrant, nonimmigrant, parolee, asylee, or refugee, 

13 shall be machine-readable and tamper-resistant, and shall 

14 incorporate a biometric identifier to allow the Secretary 

15 of Homeland Security to verify electronically the identity 

16 and status of the alien.’’. 

17 SEC. 127. CANCELLATION OF VISAS. 

18 Section 222(g) (8 U.S.C. 1202(g)) is amended— 

19 (1) in paragraph (1)— 

20 (A) by striking ‘‘Attorney General’’ and in21 serting ‘‘Secretary of Homeland Security’’; and 

22 (B) by inserting ‘‘and any other non23 immigrant visa issued by the United States that 

24 is in the possession of the alien’’ after ‘‘such 

25 visa’’; and 


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1 (2) in paragraph (2)(A), by striking ‘‘(other 

2 than the visa described in paragraph (1)) issued in 

3 a consular office located in the country of the alien’s 

4 nationality’’ and inserting ‘‘(other than a visa de5 scribed in paragraph (1)) issued in a consular office 

6 located in the country of the alien’s nationality or 

7 foreign residence’’. 

8 SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM. 

9 (a) COLLECTION OF BIOMETRIC DATA FROM ALIENS

10 DEPARTING THE UNITED STATES.—Section 215 (8 

11 U.S.C. 1185) is amended— 

12 (1) by redesignating subsection (c) as sub13 section (g); 

14 (2) by moving subsection (g), as redesignated 

15 by paragraph (1), to the end; and 

16 (3) by inserting after subsection (b) the fol17 lowing: 

18 ‘‘(c) The Secretary of Homeland Security is author19 ized to require aliens departing the United States to pro20 vide biometric data and other information relating to their 

21 immigration status.’’. 

22 (b) INSPECTION OF APPLICANTS FOR ADMISSION.— 

23 Section 235(d) (8 U.S.C. 1225(d)) is amended by adding 

24 at the end the following: 


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1 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

2 DATA.—In conducting inspections under subsection 

3 (b), immigration officers are authorized to collect bi4 ometric data from— 

5 ‘‘(A) any applicant for admission or alien 

6 seeking to transit through the United States; or 

7 ‘‘(B) any lawful permanent resident who is 

8 entering the United States and who is not re9 garded as seeking admission pursuant to sec10 tion 101(a)(13)(C).’’. 

11 (c) COLLECTION OF BIOMETRIC DATA FROM ALIEN

12 CREWMEN.—Section 252 (8 U.S.C. 1282) is amended by 

13 adding at the end the following: 

14 ‘‘(d) An immigration officer is authorized to collect 

15 biometric data from an alien crewman seeking permission 

16 to land temporarily in the United States.’’. 

17 (d) GROUNDS OF INADMISSIBILITY.—Section 212 (8 

18 U.S.C. 1182) is amended— 

19 (1) in subsection (a)(7), by adding at the end 

20 the following: 

21 ‘‘(C) WITHHOLDERS OF BIOMETRIC

22 DATA.—Any alien who knowingly fails to com23 ply with a lawful request for biometric data 

24 under section 215(c) or 235(d) is inadmis25 sible.’’; and 


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1 (2) in subsection (d), by inserting after para2 graph (1) the following: 

3 ‘‘(2) The Secretary of Homeland Security shall 

4 determine whether a ground for inadmissibility ex5 ists with respect to an alien described in subpara6 graph (C) of subsection (a)(7) and may waive the 

7 application of such subparagraph for an individual 

8 alien or a class of aliens, at the discretion of the 

9 Secretary.’’. 

10 (e) IMPLEMENTATION.—Section 7208 of the 9/11 

11 Commission Implementation Act of 2004 (8 U.S.C. 

12 1365b) is amended— 

13 (1) in subsection (c), by adding at the end the 

14 following: 

15 ‘‘(3) IMPLEMENTATION.—In fully implementing 

16 the automated biometric entry and exit data system 

17 under this section, the Secretary is not required to 

18 comply with the requirements of chapter 5 of title 5, 

19 United States Code (commonly referred to as the 

20 Administrative Procedure Act) or any other law re21 lating to rulemaking, information collection, or pub22 lication in the Federal Register.’’; and 

23 (2) in subsection (l)— 

24 (A) by striking ‘‘There are authorized’’ 

25 and inserting the following: 


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1 ‘‘(1) IN GENERAL.—There are authorized’’; and 

2 (B) by adding at the end the following: 

3 ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER

4 PORTS OF ENTRY.—There are authorized to be ap5 propriated such sums as may be necessary for each 

6 of fiscal years 2007 and 2008 to implement the 

7 automated biometric entry and exit data system at 

8 all land border ports of entry.’’. 

9 SEC. 129. BORDER STUDY. 

10 (a) SOUTHERN BORDER STUDY.—The Secretary, in 

11 consultation with the Attorney General, the Secretary of 

12 the Interior, the Secretary of Agriculture, the Secretary 

13 of Defense, the Secretary of Commerce, and the Adminis14 trator of the Environmental Protection Agency, shall con15 duct a study on the construction of a system of physical 

16 barriers along the southern international land and mari17 time border of the United States. The study shall in18 clude— 

19 (1) an assessment of the necessity of con20 structing such a system, including the identification 

21 of areas of high priority for the construction of such 

22 a system determined after consideration of factors 

23 including the amount of narcotics trafficking and 

24 the number of illegal immigrants apprehended in 

25 such areas; 


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1 (2) an assessment of the feasibility of con2 structing such a system; 

3 (3) an assessment of the international, national, 

4 and regional environmental impact of such a system, 

5 including the impact on zoning, global climate 

6 change, ozone depletion, biodiversity loss, and 

7 transboundary pollution; 

8 (4) an assessment of the necessity for ports of 

9 entry along such a system; 

10 (5) an assessment of the impact such a system 

11 would have on international trade, commerce, and 

12 tourism; 

13 (6) an assessment of the effect of such a system 

14 on private property rights including issues of emi15 nent domain and riparian rights; 

16 (7) an estimate of the costs associated with 

17 building a barrier system, including costs associated 

18 with excavation, construction, and maintenance; and 

19 (8) an assessment of the effect of such a system 

20 on Indian reservations and units of the National 

21 Park System. 

22 (b) REPORT.—Not later than 9 months after the date 

23 of the enactment of this Act, the Secretary shall submit 

24 to Congress a report on the study described in subsection 

25 (a). 


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1 SEC. 130. SECURE BORDER INITIATIVE FINANCIAL AC2 COUNTABILITY. 

3 (a) IN GENERAL.—The Inspector General of the De4 partment shall review each contract action relating to the 

5 Secure Border Initiative having a value of more than 

6 $20,000,000, to determine whether each such action fully 

7 complies with applicable cost requirements, performance 

8 objectives, program milestones, inclusion of small, minor9 ity, and women-owned business, and time lines. The In10 spector General shall complete a review under this sub11 section with respect to each contract action— 

12 (1) not later than 60 days after the date of the 

13 initiation of the action; and 

14 (2) upon the conclusion of the performance of 

15 the contract. 

16 (b) INSPECTOR GENERAL.— 

17 (1) ACTION.—If the Inspector General becomes 

18 aware of any improper conduct or wrongdoing in the 

19 course of conducting a contract review under sub20 section (a), the Inspector General shall, as expedi21 tiously as practicable, refer information relating to 

22 such improper conduct or wrongdoing to the Sec23 retary, or to another appropriate official of the De24 partment, who shall determine whether to tempo25 rarily suspend the contractor from further participa26 tion in the Secure Border Initiative. 


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1 (2) REPORT.—Upon the completion of each re2 view described in subsection (a), the Inspector Gen3 eral shall submit to the Secretary of Homeland Se4 curity a report containing the findings of the review, 

5 including findings regarding— 

6 (A) cost overruns; 

7 (B) significant delays in contract execu8 tion; 

9 (C) lack of rigorous departmental contract 

10 management; 

11 (D) insufficient departmental financial 

12 oversight; 

13 (E) bundling that limits the ability of 

14 small businesses to compete; or 

15 (F) other high risk business practices. 

16 (c) REPORTS BY THE SECRETARY.— 

17 (1) IN GENERAL.—Not later than 30 days after 

18 the receipt of each report required under subsection 

19 (b)(2), the Secretary shall submit a report, to the 

20 Committee on the Judiciary of the Senate and the 

21 Committee on the Judiciary of the House of Rep22 resentatives, that describes— 

23 (A) the findings of the report received 

24 from the Inspector General; and 


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1 (B) the steps the Secretary has taken, or 

2 plans to take, to address the problems identified 

3 in such report. 

4 (2) CONTRACTS WITH FOREIGN COMPANIES.— 

5 Not later than 60 days after the initiation of each 

6 contract action with a company whose headquarters 

7 is not based in the United States, the Secretary 

8 shall submit a report to the Committee on the Judi9 ciary of the Senate and the Committee on the Judi10 ciary of the House of Representatives, regarding the 

11 Secure Border Initiative. 

12 (d) REPORTS ON UNITED STATES PORTS.—Not later 

13 that 30 days after receiving information regarding a pro14 posed purchase of a contract to manage the operations of 

15 a United States port by a foreign entity, the Committee 

16 on Foreign Investment in the United States shall submit 

17 a report to Congress that describes— 

18 (1) the proposed purchase; 

19 (2) any security concerns related to the pro20 posed purchase; and 

21 (3) the manner in which such security concerns 

22 have been addressed. 

23 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi24 tion to amounts that are otherwise authorized to be appro25 priated to the Office of the Inspector General of the DeVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 partment, there are authorized to be appropriated to the 

2 Office, to enable the Office to carry out this section— 

3 (1) for fiscal year 2007, not less than 5 percent 

4 of the overall budget of the Office for such fiscal 

5 year; 

6 (2) for fiscal year 2008, not less than 6 percent 

7 of the overall budget of the Office for such fiscal 

8 year; and 

9 (3) for fiscal year 2009, not less than 7 percent 

10 of the overall budget of the Office for such fiscal 

11 year. 

12 TITLE II—INTERIOR 

13 ENFORCEMENT 

14 SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TER15 RORIST ALIENS. 

16 (a) ASYLUM.—Section 208(b)(2)(A)(v) (8 U.S.C. 

17 1158(b)(2)(A)(v)) is amended by striking ‘‘or (VI)’’ and 

18 inserting ‘‘(V), (VI), (VII), or (VIII)’’. 

19 (b) CANCELLATION OF REMOVAL.—Section 

20 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amended— 

21 (1) by striking ‘‘inadmissible under’’ and insert22 ing ‘‘described in’’; and 

23 (2) by striking ‘‘deportable under’’ and insert24 ing ‘‘described in’’. 


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1 (c) VOLUNTARY DEPARTURE.—Section 

2 240B(b)(1)(C) (8 U.S.C. 1229c(b)(1)(C)) is amended by 

3 striking ‘‘deportable under section 237(a)(2)(A)(iii) or 

4 section 237(a)(4)’’ and inserting ‘‘described in paragraph 

5 (2)(A)(iii) or (4) of section 237(a)’’. 

6 (d) RESTRICTION ON REMOVAL.—Section 

7 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended— 

8 (1) in clause (iii), by striking ‘‘or’’ at the end; 

9 (2) in clause (iv) by striking the period at the 

10 end and inserting ‘‘; or’’; 

11 (3) by inserting after clause (iv) the following: 

12 ‘‘(v) the alien is described in section 

13 237(a)(4)(B) (other than an alien de14 scribed in section 212(a)(3)(B)(i)(IV) if 

15 the Secretary of Homeland Security deter16 mines that there are not reasonable 

17 grounds for regarding the alien as a dan18 ger to the security of the United States).’’; 

19 and 

20 (4) in the undesignated paragraph, by striking 

21 ‘‘For purposes of clause (iv), an alien who is de22 scribed in section 237(a)(4)(B) shall be considered 

23 to be an alien with respect to whom there are rea24 sonable grounds for regarding as a danger to the se25 curity of the United States.’’. 


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1 (e) RECORD OF ADMISSION.—Section 249 (8 U.S.C. 

2 1259) is amended to read as follows: 

3 ‘‘SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESI4 DENCE IN THE CASE OF CERTAIN ALIENS 

5 WHO ENTERED THE UNITED STATES PRIOR 

6 TO JANUARY 1, 1972. 

7 ‘‘A record of lawful admission for permanent resi8 dence may be made, in the discretion of the Secretary of 

9 Homeland Security and under such regulations as the Sec10 retary may prescribe, for any alien, as of the date of the 

11 approval of the alien’s application or, if entry occurred be12 fore July 1, 1924, as of the date of such entry if no such 

13 record is otherwise available, if the alien establishes that 

14 the alien— 

15 ‘‘(1) is not described in section 212(a)(3)(E) or 

16 in section 212(a) (insofar as it relates to criminals, 

17 procurers, other immoral persons, subversives, viola18 tors of the narcotics laws, or smugglers of aliens); 

19 ‘‘(2) entered the United States before January 

20 1, 1972; 

21 ‘‘(3) has resided in the United States continu22 ously since such entry; 

23 ‘‘(4) is a person of good moral character; 

24 ‘‘(5) is not ineligible for citizenship; and 

25 ‘‘(6) is not described in section 237(a)(4)(B).’’. 


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1 (f) EFFECTIVE DATE AND APPLICATION.—The 

2 amendments made by this section shall— 

3 (1) take effect on the date of the enactment of 

4 this Act; and 

5 (2) apply to— 

6 (A) any aliens in a removal, deportation, 

7 or exclusion proceeding pending on or after the 

8 date of the enactment of this Act; and 

9 (B) any act or condition constituting a 

10 ground for inadmissibility, excludability, or re11 moval occurring or existing before, on, or after 

12 the date of the enactment of this Act. 

13 SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED 

14 REMOVED. 

15 (a) IN GENERAL.— 

16 (1) AMENDMENTS.—Section 241(a) (8 U.S.C. 

17 1231(a)) is amended— 

18 (A) by striking ‘‘Attorney General’’ the 

19 first place it appears and inserting ‘‘Secretary 

20 of Homeland Security’’; 

21 (B) by striking ‘‘Attorney General’’ any 

22 other place it appears and inserting ‘‘Sec23 retary’’; 

24 (C) in paragraph (1)— 


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1 (i) in subparagraph (B), by amending 

2 clause (ii) to read as follows: 

3 ‘‘(ii) If a court, the Board of Immi4 gration Appeals, or an immigration judge 

5 orders a stay of the removal of the alien, 

6 the expiration date of the stay of re7 moval.’’. 

8 (ii) by amending subparagraph (C) to 

9 read as follows: 

10 ‘‘(C) EXTENSION OF PERIOD.—The re11 moval period shall be extended beyond a period 

12 of 90 days and the alien may remain in deten13 tion during such extended period if the alien 

14 fails or refuses to— 

15 ‘‘(i) make all reasonable efforts to 

16 comply with the removal order; or 

17 ‘‘(ii) fully cooperate with the Sec18 retary’s efforts to establish the alien’s 

19 identity and carry out the removal order, 

20 including failing to make timely application 

21 in good faith for travel or other documents 

22 necessary to the alien’s departure, or con23 spiring or acting to prevent the alien’s re24 moval.’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(D) TOLLING OF PERIOD.—If, at the 

4 time described in subparagraph (B), the alien is 

5 not in the custody of the Secretary under the 

6 authority of this Act, the removal period shall 

7 not begin until the alien is taken into such cus8 tody. If the Secretary lawfully transfers custody 

9 of the alien during the removal period to an10 other Federal agency or to a State or local gov11 ernment agency in connection with the official 

12 duties of such agency, the removal period shall 

13 be tolled, and shall recommence on the date on 

14 which the alien is returned to the custody of the 

15 Secretary.’’; 

16 (D) in paragraph (2), by adding at the end 

17 the following: ‘‘If a court, the Board of Immi18 gration Appeals, or an immigration judge or19 ders a stay of removal of an alien who is sub20 ject to an administrative final order of removal, 

21 the Secretary, in the exercise of discretion, may 

22 detain the alien during the pendency of such 

23 stay of removal.’’; 

24 (E) in paragraph (3), by amending sub25 paragraph (D) to read as follows: 


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1 ‘‘(D) to obey reasonable restrictions on the 

2 alien’s conduct or activities, or to perform af3 firmative acts, that the Secretary prescribes for 

4 the alien— 

5 ‘‘(i) to prevent the alien from ab6 sconding; 

7 ‘‘(ii) for the protection of the commu8 nity; or 

9 ‘‘(iii) for other purposes related to the 

10 enforcement of the immigration laws.’’; 

11 (F) in paragraph (6), by striking ‘‘removal 

12 period and, if released,’’ and inserting ‘‘removal 

13 period, in the discretion of the Secretary, with14 out any limitations other than those specified in 

15 this section, until the alien is removed. If an 

16 alien is released, the alien’’; 

17 (G) by redesignating paragraph (7) as 

18 paragraph (10); and 

19 (H) by inserting after paragraph (6) the 

20 following: 

21 ‘‘(7) PAROLE.—If an alien detained pursuant to 

22 paragraph (6) is an applicant for admission, the 

23 Secretary of Homeland Security, in the Secretary’s 

24 discretion, may parole the alien under section 

25 212(d)(5) and may provide, notwithstanding section 


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1 212(d)(5), that the alien shall not be returned to 

2 custody unless either the alien violates the conditions 

3 of the alien’s parole or the alien’s removal becomes 

4 reasonably foreseeable, provided that in no cir5 cumstance shall such alien be considered admitted. 

6 ‘‘(8) ADDITIONAL RULES FOR DETENTION OR

7 RELEASE OF ALIENS.—The following procedures 

8 shall apply to an alien detained under this section: 

9 ‘‘(A) DETENTION REVIEW PROCESS FOR

10 ALIENS WHO HAVE EFFECTED AN ENTRY AND

11 FULLY COOPERATE WITH REMOVAL.—The Sec12 retary of Homeland Security shall establish an 

13 administrative review process to determine 

14 whether an alien described in subparagraph (B) 

15 should be detained or released after the removal 

16 period in accordance with subparagraphs (C) 

17 and (E). 

18 ‘‘(B) ALIEN DESCRIBED.—An alien is de19 scribed in this subparagraph if the alien— 

20 ‘‘(i) has effected an entry into the 

21 United States; 

22 ‘‘(ii) has made all reasonable efforts 

23 to comply with the alien’s removal order; 

24 ‘‘(iii) has cooperated fully with the 

25 Secretary’s efforts to establish the alien’s 


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1 identity and to carry out the removal 

2 order, including making timely application 

3 in good faith for travel or other documents 

4 necessary for the alien’s departure; and 

5 ‘‘(iv) has not conspired or acted to 

6 prevent removal. 

7 ‘‘(C) EVIDENCE.—In making a determina8 tion under subparagraph (A), the Secretary— 

9 ‘‘(i) shall consider any evidence sub10 mitted by the alien; 

11 ‘‘(ii) may consider any other evidence, 

12 including— 

13 ‘‘(I) any information or assist14 ance provided by the Department of 

15 State or other Federal agency; and 

16 ‘‘(II) any other information avail17 able to the Secretary pertaining to the 

18 ability to remove the alien. 

19 ‘‘(D) AUTHORITY TO DETAIN FOR 90 DAYS

20 BEYOND REMOVAL PERIOD.—The Secretary, in 

21 the exercise of the Secretary’s discretion and 

22 without any limitations other than those speci23 fied in this section, may detain an alien for 90 

24 days beyond the removal period (including any 


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1 extension of the removal period under para2 graph (1)(C)). 

3 ‘‘(E) AUTHORITY TO DETAIN FOR ADDI4 TIONAL PERIOD.—The Secretary, in the exer5 cise of the Secretary’s discretion and without 

6 any limitations other than those specified in 

7 this section, may detain an alien beyond the 90- 

8 day period authorized under subparagraph (D) 

9 until the alien is removed, if the Secretary— 

10 ‘‘(i) determines that there is a signifi11 cant likelihood that the alien will be re12 moved in the reasonably foreseeable future; 

13 or 

14 ‘‘(ii) certifies in writing— 

15 ‘‘(I) in consultation with the Sec16 retary of Health and Human Services, 

17 that the alien has a highly contagious 

18 disease that poses a threat to public 

19 safety; 

20 ‘‘(II) after receipt of a written 

21 recommendation from the Secretary of 

22 State, that the release of the alien 

23 would likely have serious adverse for24 eign policy consequences for the 

25 United States; 


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1 ‘‘(III) based on information avail2 able to the Secretary (including classi3 fied, sensitive, or national security in4 formation, and regardless of the 

5 grounds upon which the alien was or6 dered removed), that there is reason 

7 to believe that the release of the alien 

8 would threaten the national security 

9 of the United States; 

10 ‘‘(IV) that— 

11 ‘‘(aa) the release of the alien 

12 would threaten the safety of the 

13 community or any person, and 

14 conditions of release cannot rea15 sonably be expected to ensure the 

16 safety of the community or any 

17 person; and 

18 ‘‘(bb) the alien— 

19 ‘‘(AA) has been con20 victed of 1 or more aggra21 vated felonies (as defined in 

22 section 101(a)(43)(A)), or of 

23 1 or more attempts or con24 spiracies to commit any such 

25 aggravated felonies or such 


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1 crimes, for an aggregate 

2 term of imprisonment of at 

3 least 5 years; or 

4 ‘‘(BB) has committed a 

5 crime of violence (as defined 

6 in section 16 of title 18, 

7 United States Code, but not 

8 including a purely political 

9 offense) and, because of a 

10 mental condition or person11 ality disorder and behavior 

12 associated with that condi13 tion or disorder, is likely to 

14 engage in acts of violence in 

15 the future; or 

16 ‘‘(V) that— 

17 ‘‘(aa) the release of the alien 

18 would threaten the safety of the 

19 community or any person, not20 withstanding conditions of release 

21 designed to ensure the safety of 

22 the community or any person; 

23 and 

24 ‘‘(bb) the alien has been 

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1 vated felonies (as defined in sec2 tion 101(a)(43)) for which the 

3 alien was sentenced to an aggre4 gate term of imprisonment of not 

5 less than 1 year. 

6 ‘‘(F) ADMINISTRATIVE REVIEW PROC7 ESS.—The Secretary, without any limitations 

8 other than those specified in this section, may 

9 detain an alien pending a determination under 

10 subparagraph (E)(ii), if the Secretary has initi11 ated the administrative review process identified 

12 in subparagraph (A) not later than 30 days 

13 after the expiration of the removal period (in14 cluding any extension of the removal period 

15 under paragraph (1)(C)). 

16 ‘‘(G) RENEWAL AND DELEGATION OF CER17 TIFICATION.— 

18 ‘‘(i) RENEWAL.—The Secretary may 

19 renew a certification under subparagraph 

20 (E)(ii) every 6 months, without limitation, 

21 after providing the alien with an oppor22 tunity to request reconsideration of the 

23 certification and to submit documents or 

24 other evidence in support of that request. 

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1 tification, the Secretary shall release the 

2 alien, pursuant to subparagraph (H). 

3 ‘‘(ii) DELEGATION.—Notwithstanding 

4 any other provision of law, the Secretary 

5 may not delegate the authority to make or 

6 renew a certification described in subclause 

7 (II), (III), or (V) of subparagraph (E)(ii) 

8 to any employee reporting to the Assistant 

9 Secretary for Immigration and Customs 

10 Enforcement. 

11 ‘‘(iii) HEARING.—The Secretary may 

12 request that the Attorney General, or a 

13 designee of the Attorney General, provide 

14 for a hearing to make the determination 

15 described in subparagraph 

16 (E)(ii)(IV)(bb)(BB). 

17 ‘‘(H) RELEASE ON CONDITIONS.—If it is 

18 determined that an alien should be released 

19 from detention, the Secretary may, in the Sec20 retary’s discretion, impose conditions on release 

21 in accordance with the regulations prescribed 

22 pursuant to paragraph (3). 

23 ‘‘(I) REDETENTION.—The Secretary, with24 out any limitations other than those specified in 

25 this section, may detain any alien subject to a 


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1 final removal order who has previously been re2 leased from custody if— 

3 ‘‘(i) the alien fails to comply with the 

4 conditions of release; 

5 ‘‘(ii) the alien fails to continue to sat6 isfy the conditions described in subpara7 graph (B); or 

8 ‘‘(iii) upon reconsideration, the Sec9 retary determines that the alien can be de10 tained under subparagraph (E). 

11 ‘‘(J) APPLICABILITY.—This paragraph and 

12 paragraphs (6) and (7) shall apply to any alien 

13 returned to custody under subparagraph (I) as 

14 if the removal period terminated on the day of 

15 the redetention. 

16 ‘‘(K) DETENTION REVIEW PROCESS FOR

17 ALIENS WHO HAVE EFFECTED AN ENTRY AND

18 FAIL TO COOPERATE WITH REMOVAL.—The 

19 Secretary shall detain an alien until the alien 

20 makes all reasonable efforts to comply with a 

21 removal order and to cooperate fully with the 

22 Secretary’s efforts, if the alien— 

23 ‘‘(i) has effected an entry into the 

24 United States; and 


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1 ‘‘(ii)(I) and the alien faces a signifi2 cant likelihood that the alien will be re3 moved in the reasonably foreseeable future, 

4 or would have been removed if the alien 

5 had not— 

6 ‘‘(aa) failed or refused to make 

7 all reasonable efforts to comply with a 

8 removal order; 

9 ‘‘(bb) failed or refused to fully 

10 cooperate with the Secretary’s efforts 

11 to establish the alien’s identity and 

12 carry out the removal order, including 

13 the failure to make timely application 

14 in good faith for travel or other docu15 ments necessary to the alien’s depar16 ture; or 

17 ‘‘(cc) conspired or acted to pre18 vent removal; or 

19 ‘‘(II) the Secretary makes a certifi20 cation as specified in subparagraph (E), or 

21 the renewal of a certification specified in 

22 subparagraph (G). 

23 ‘‘(L) DETENTION REVIEW PROCESS FOR

24 ALIENS WHO HAVE NOT EFFECTED AN

25 ENTRY.—Except as otherwise provided in this 


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1 subparagraph, the Secretary shall follow the 

2 guidelines established in section 241.4 of title 8, 

3 Code of Federal Regulations, when detaining 

4 aliens who have not effected an entry. The Sec5 retary may decide to apply the review process 

6 outlined in this paragraph. 

7 ‘‘(9) JUDICIAL REVIEW.—Without regard to the 

8 place of confinement, judicial review of any action or 

9 decision made pursuant to paragraph (6), (7), or (8) 

10 shall be available exclusively in a habeas corpus pro11 ceeding instituted in the United States District 

12 Court for the District of Columbia and only if the 

13 alien has exhausted all administrative remedies 

14 (statutory and nonstatutory) available to the alien as 

15 of right.’’. 

16 (2) EFFECTIVE DATE.—The amendments made 

17 by paragraph (1)— 

18 (A) shall take effect on the date of the en19 actment of this Act; and 

20 (B) shall apply to— 

21 (i) any alien subject to a final admin22 istrative removal, deportation, or exclusion 

23 order that was issued before, on, or after 

24 the date of the enactment of this Act; and 


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1 (ii) any act or condition occurring or 

2 existing before, on, or after the date of the 

3 enactment of this Act. 

4 (b) CRIMINAL DETENTION OF ALIENS.—Section 

5 3142 of title 18, United States Code, is amended— 

6 (1) in subsection (e)— 

7 (A) by redesignating paragraphs (1), (2), 

8 and (3) as subparagraphs (A), (B), and (C), re9 spectively; 

10 (B) by inserting ‘‘(1)’’ before ‘‘If, after a 

11 hearing’’; 

12 (C) in subparagraphs (B) and (C), as re13 designated, by striking ‘‘paragraph (1)’’ and in14 serting ‘‘subparagraph (A)’’; and 

15 (D) by adding after subparagraph (C), as 

16 redesignated, the following: 

17 ‘‘(2) Subject to rebuttal by the person, it shall be pre18 sumed that no condition or combination of conditions will 

19 reasonably assure the appearance of the person as re20 quired if the judicial officer finds that there is probable 

21 cause to believe that the person— 

22 ‘‘(A) is an alien; and 

23 ‘‘(B)(i) has no lawful immigration status in the 

24 United States; 


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1 ‘‘(ii) is the subject of a final order of removal; 

2 or 

3 ‘‘(iii) has committed a felony offense under sec4 tion 911, 922(g)(5), 1015, 1028, 1425, or 1426 of 

5 this title, chapter 75 or 77 of this title, or section 

6 243, 274, 275, 276, 277, or 278 of the Immigration 

7 and Nationality Act (8 U.S.C. 1253, 1324, 1325, 

8 1326, 2327, and 1328).’’; and 

9 (2) in subsection (g)(3)— 

10 (A) in subparagraph (A), by striking 

11 ‘‘and’’ at the end; and 

12 (B) by adding at the end the following: 

13 ‘‘(C) the person’s immigration status; 

14 and’’. 

15 SEC. 203. AGGRAVATED FELONY. 

16 Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amend17 ed— 

18 (1) by striking ‘‘The term ‘aggravated felony’ 

19 means—’’ and inserting ‘‘Notwithstanding any other 

20 provision of law (including any provision providing 

21 an effective date), the term ‘aggravated felony’ ap22 plies to an offense described in this paragraph, 

23 whether in violation of Federal or State law and to 

24 such an offense in violation of the law of a foreign 

25 country, for which the term of imprisonment was 


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1 completed within the previous 15 years, even if the 

2 length of the term of imprisonment is based on re3 cidivist or other enhancements and regardless of 

4 whether the conviction was entered before, on, or 

5 after September 30, 1996, and means—’’; 

6 (2) in subparagraph (N), by striking ‘‘para7 graph (1)(A) or (2) of’’; 

8 (3) in subparagraph (O), by striking ‘‘section 

9 275(a) or 276 committed by an alien who was pre10 viously deported on the basis of a conviction for an 

11 offense described in another subparagraph of this 

12 paragraph’’ and inserting ‘‘section 275 or 276 for 

13 which the term of imprisonment is at least 1 year’’; 

14 (4) in subparagraph (U), by striking ‘‘an at15 tempt or conspiracy to commit an offense described 

16 in this paragraph’’ and inserting ‘‘aiding or abetting 

17 an offense described in this paragraph, or soliciting, 

18 counseling, procuring, commanding, or inducing an19 other, attempting, or conspiring to commit such an 

20 offense’’; and 

21 (5) by striking the undesignated matter fol22 lowing subparagraph (U). 

23 SEC. 204. TERRORIST BARS. 

24 (a) DEFINITION OF GOOD MORAL CHARACTER.— 

25 Section 101(f) (8 U.S.C. 1101(f)) is amended— 


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1 (1) by inserting after paragraph (1) the fol2 lowing: 

3 ‘‘(2) an alien described in section 212(a)(3) or 

4 237(a)(4), as determined by the Secretary of Home5 land Security or Attorney General based upon any 

6 relevant information or evidence, including classified, 

7 sensitive, or national security information;’’; 

8 (2) in paragraph (8), by striking ‘‘(as defined 

9 in subsection (a)(43))’’ and inserting the following: 

10 ‘‘, regardless of whether the crime was defined as an 

11 aggravated felony under subsection (a)(43) at the 

12 time of the conviction, unless— 

13 ‘‘(A) the person completed the term of im14 prisonment and sentence not later than 10 

15 years before the date of application; and 

16 ‘‘(B) the Secretary of Homeland Security 

17 or the Attorney General waives the application 

18 of this paragraph; or’’; and 

19 (3) in the undesignated matter following para20 graph (9), by striking ‘‘a finding that for other rea21 sons such person is or was not of good moral char22 acter’’ and inserting the following: ‘‘a discretionary 

23 finding for other reasons that such a person is or 

24 was not of good moral character. In determining an 

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1 land Security and the Attorney General may take 

2 into consideration the applicant’s conduct and acts 

3 at any time and are not limited to the period during 

4 which good moral character is required.’’. 

5 (b) PENDING PROCEEDINGS.—Section 204(b) (8 

6 U.S.C. 1154(b)) is amended by adding at the end the fol7 lowing: ‘‘A petition may not be approved under this section 

8 if there is any administrative or judicial proceeding 

9 (whether civil or criminal) pending against the petitioner 

10 that could directly or indirectly result in the petitioner’s 

11 denaturalization or the loss of the petitioner’s lawful per12 manent resident status.’’. 

13 (c) CONDITIONAL PERMANENT RESIDENT STATUS.— 

14 (1) IN GENERAL.—Section 216(e) (8 U.S.C. 

15 1186a(e)) is amended by inserting ‘‘if the alien has 

16 had the conditional basis removed pursuant to this 

17 section’’ before the period at the end. 

18 (2) CERTAIN ALIEN ENTREPRENEURS.—Section 

19 216A(e) (8 U.S.C. 1186b(e)) is amended by insert20 ing ‘‘if the alien has had the conditional basis re21 moved pursuant to this section’’ before the period at 

22 the end. 

23 (d) JUDICIAL REVIEW OF NATURALIZATION APPLI24 CATIONS.—Section 310(c) (8 U.S.C. 1421(c)) is amend25 ed— 


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1 (1) by inserting ‘‘, not later than 120 days after 

2 the Secretary of Homeland Security’s final deter3 mination,’’ after ‘‘may’’; and 

4 (2) by adding at the end the following: ‘‘The 

5 petitioner shall have the burden of showing that the 

6 Secretary’s denial of the application was contrary to 

7 law. Except in a proceeding under section 340, and 

8 notwithstanding any other provision of law, no court 

9 shall have jurisdiction to determine, or to review a 

10 determination of the Secretary regarding, whether, 

11 for purposes of an application for naturalization, an 

12 alien— 

13 ‘‘(1) is a person of good moral character; 

14 ‘‘(2) understands and is attached to the prin15 ciples of the Constitution of the United States; or 

16 ‘‘(3) is well disposed to the good order and hap17 piness of the United States.’’. 

18 (e) PERSONS ENDANGERING NATIONAL SECURITY.— 

19 Section 316 (8 U.S.C. 1427) is amended by adding at the 

20 end the following: 

21 ‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU22 RITY.—A person may not be naturalized if the Secretary 

23 of Homeland Security determines, based upon any rel24 evant information or evidence, including classified, sen25 sitive, or national security information, that the person 


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1 was once an alien described in section 212(a)(3) or 

2 237(a)(4).’’. 

3 (f) CONCURRENT NATURALIZATION AND REMOVAL

4 PROCEEDINGS.—Section 318 (8 U.S.C. 1429) is amended 

5 by striking ‘‘the Attorney General if’’ and all that follows 

6 and inserting: ‘‘the Secretary of Homeland Security or any 

7 court if there is pending against the applicant any removal 

8 proceeding or other proceeding to determine the appli9 cant’s inadmissibility or deportability, or to determine 

10 whether the applicant’s lawful permanent resident status 

11 should be rescinded, regardless of when such proceeding 

12 was commenced. The findings of the Attorney General in 

13 terminating removal proceedings or canceling the removal 

14 of an alien under this Act shall not be deemed binding 

15 in any way upon the Secretary of Homeland Security with 

16 respect to the question of whether such person has estab17 lished eligibility for naturalization in accordance with this 

18 title.’’. 

19 (g) DISTRICT COURT JURISDICTION.—Section 

20 336(b) (8 U.S.C. 1447(b)) is amended to read as follows: 

21 ‘‘(b) REQUEST FOR HEARING BEFORE DISTRICT

22 COURT.—If there is a failure to render a final administra23 tive decision under section 335 before the end of the 180- 

24 day period beginning on the date on which the Secretary 

25 of Homeland Security completes all examinations and 


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1 interviews required under such section, the applicant may 

2 apply to the district court for the district in which the 

3 applicant resides for a hearing on the matter. Such district 

4 court shall only have jurisdiction to review the basis for 

5 delay and remand the matter to the Secretary of Home6 land Security for the Secretary’s determination on the ap7 plication.’’. 

8 (h) EFFECTIVE DATE.—The amendments made by 

9 this section— 

10 (1) shall take effect on the date of the enact11 ment of this Act; 

12 (2) shall apply to any act that occurred before, 

13 on, or after such date of enactment; and 

14 (3) shall apply to any application for natu15 ralization or any other case or matter under the im16 migration laws pending on, or filed after, such date 

17 of enactment. 

18 SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO 

19 GANG VIOLENCE, REMOVAL, AND ALIEN 

20 SMUGGLING. 

21 (a) CRIMINAL STREET GANGS.— 

22 (1) INADMISSIBILITY.—Section 212(a)(2) (8 

23 U.S.C. 1182(a)(2)) is amended— 

24 (A) by redesignating subparagraph (F) as 

25 subparagraph (J); and 


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1 (B) by inserting after subparagraph (E) 

2 the following: 

3 ‘‘(F) MEMBERS OF CRIMINAL STREET

4 GANGS.—Unless the Secretary of Homeland Se5 curity or the Attorney General waives the appli6 cation of this subparagraph, any alien who a 

7 consular officer, the Attorney General, or the 

8 Secretary of Homeland Security knows or has 

9 reason to believe— 

10 ‘‘(i) is, or has been, a member of a 

11 criminal street gang (as defined in section 

12 521(a) of title 18, United States Code); or 

13 ‘‘(ii) has participated in the activities 

14 of a criminal street gang, knowing or hav15 ing reason to know that such activities pro16 moted, furthered, aided, or supported the 

17 illegal activity of the criminal gang, 

18 is inadmissible.’’. 

19 (2) DEPORTABILITY.—Section 237(a)(2) (8 

20 U.S.C. 1227(a)(2)) is amended by adding at the end 

21 the following: 

22 ‘‘(F) MEMBERS OF CRIMINAL STREET

23 GANGS.—Unless the Secretary of Homeland Se24 curity or the Attorney General waives the appli25 cation of this subparagraph, any alien who the 


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1 Secretary of Homeland Security or the Attorney 

2 General knows or has reason to believe— 

3 ‘‘(i) is, or at any time after admission 

4 has been, a member of a criminal street 

5 gang (as defined in section 521(a) of title 

6 18, United States Code); or 

7 ‘‘(ii) has participated in the activities 

8 of a criminal street gang, knowing or hav9 ing reason to know that such activities pro10 moted, furthered, aided, or supported the 

11 illegal activity of the criminal gang, 

12 is deportable.’’. 

13 (3) TEMPORARY PROTECTED STATUS.—Section 

14 244 (8 U.S.C. 1254a) is amended— 

15 (A) by striking ‘‘Attorney General’’ each 

16 place it appears and inserting ‘‘Secretary of 

17 Homeland Security’’; 

18 (B) in subsection (b)(3)— 

19 (i) in subparagraph (B), by striking 

20 the last sentence and inserting the fol21 lowing: ‘‘Notwithstanding any other provi22 sion of this section, the Secretary of 

23 Homeland Security may, for any reason 

24 (including national security), terminate or 

25 modify any designation under this section. 


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1 Such termination or modification is effec2 tive upon publication in the Federal Reg3 ister, or after such time as the Secretary 

4 may designate in the Federal Register.’’; 

5 (ii) in subparagraph (C), by striking 

6 ‘‘a period of 12 or 18 months’’ and insert7 ing ‘‘any other period not to exceed 18 

8 months’’; 

9 (C) in subsection (c)— 

10 (i) in paragraph (1)(B), by striking 

11 ‘‘The amount of any such fee shall not ex12 ceed $50.’’; 

13 (ii) in paragraph (2)(B)— 

14 (I) in clause (i), by striking ‘‘, 

15 or’’ at the end; 

16 (II) in clause (ii), by striking the 

17 period at the end and inserting ‘‘; or’’; 

18 and 

19 (III) by adding at the end the 

20 following: 

21 ‘‘(iii) the alien is, or at any time after 

22 admission has been, a member of a crimi23 nal street gang (as defined in section 

24 521(a) of title 18, United States Code).’’; 

25 and 


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1 (D) in subsection (d)— 

2 (i) by striking paragraph (3); and 

3 (ii) in paragraph (4), by adding at the 

4 end the following: ‘‘The Secretary of 

5 Homeland Security may detain an alien 

6 provided temporary protected status under 

7 this section whenever appropriate under 

8 any other provision of law.’’. 

9 (b) PENALTIES RELATED TO REMOVAL.—Section 

10 243 (8 U.S.C. 1253) is amended— 

11 (1) in subsection (a)(1)— 

12 (A) in the matter preceding subparagraph 

13 (A), by inserting ‘‘212(a) or’’ after ‘‘section’’; 

14 and 

15 (B) in the matter following subparagraph 

16 (D)— 

17 (i) by striking ‘‘or imprisoned not 

18 more than four years’’ and inserting ‘‘and 

19 imprisoned for not less than 6 months or 

20 more than 5 years’’; and 

21 (ii) by striking ‘‘, or both’’; 

22 (2) in subsection (b), by striking ‘‘not more 

23 than $1000 or imprisoned for not more than one 

24 year, or both’’ and inserting ‘‘under title 18, United 

25 States Code, and imprisoned for not less than 6 


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1 months or more than 5 years (or for not more than 

2 10 years if the alien is a member of any of the class3 es described in paragraphs (1)(E), (2), (3), and (4) 

4 of section 237(a))’’; and 

5 (3) by amending subsection (d) to read as fol6 lows: 

7 ‘‘(d) DENYING VISAS TO NATIONALS OF COUNTRY

8 DENYING OR DELAYING ACCEPTING ALIEN.—The Sec9 retary of Homeland Security, after making a determina10 tion that the government of a foreign country has denied 

11 or unreasonably delayed accepting an alien who is a cit12 izen, subject, national, or resident of that country after 

13 the alien has been ordered removed, and after consultation 

14 with the Secretary of State, may instruct the Secretary 

15 of State to deny a visa to any citizen, subject, national, 

16 or resident of that country until the country accepts the 

17 alien that was ordered removed.’’. 

18 (c) ALIEN SMUGGLING AND RELATED OFFENSES.— 

19 (1) IN GENERAL.—Section 274 (8 U.S.C. 

20 1324), is amended to read as follows: 

21 ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES. 

22 ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— 

23 ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro24 vided in paragraph (3), a person shall be punished 

25 as provided under paragraph (2), if the person— 


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1 ‘‘(A) facilitates, encourages, directs, or in2 duces a person to come to or enter the United 

3 States, or to cross the border to the United 

4 States, knowing or in reckless disregard of the 

5 fact that such person is an alien who lacks law6 ful authority to come to, enter, or cross the bor7 der to the United States; 

8 ‘‘(B) facilitates, encourages, directs, or in9 duces a person to come to or enter the United 

10 States, or to cross the border to the United 

11 States, at a place other than a designated port 

12 of entry or place other than as designated by 

13 the Secretary of Homeland Security, knowing 

14 or in reckless disregard of the fact that such 

15 person is an alien and regardless of whether 

16 such alien has official permission or lawful au17 thority to be in the United States; 

18 ‘‘(C) transports, moves, harbors, conceals, 

19 or shields from detection a person outside of 

20 the United States knowing or in reckless dis21 regard of the fact that such person is an alien 

22 in unlawful transit from 1 country to another 

23 or on the high seas, under circumstances in 

24 which the alien is seeking to enter the United 


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1 States without official permission or legal au2 thority; 

3 ‘‘(D) encourages or induces a person to re4 side or remain in the United States, knowing or 

5 in reckless disregard of the fact that such per6 son is an alien who lacks lawful authority to re7 side in or remain in the United States; 

8 ‘‘(E) transports or moves a person in the 

9 United States, knowing or in reckless disregard 

10 of the fact that such person is an alien who 

11 lacks lawful authority to enter or be in the 

12 United States, if the transportation or move13 ment will further the alien’s illegal entry into or 

14 illegal presence in the United States; 

15 ‘‘(F) harbors, conceals, or shields from de16 tection a person in the United States, knowing 

17 or in reckless disregard of the fact that such 

18 person is an alien who lacks lawful authority to 

19 be in the United States; or 

20 ‘‘(G) conspires or attempts to commit any 

21 of the acts described in subparagraphs (A) 

22 through (F). 

23 ‘‘(2) CRIMINAL PENALTIES.—A person who vio24 lates any provision under paragraph (1)— 


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1 ‘‘(A) except as provided in subparagraphs 

2 (C) through (G), if the offense was not com3 mitted for commercial advantage, profit, or pri4 vate financial gain, shall be fined under title 18, 

5 United States Code, imprisoned for not more 

6 than 5 years, or both; 

7 ‘‘(B) except as provided in subparagraphs 

8 (C) through (G), if the offense was committed 

9 for commercial advantage, profit, or private fi10 nancial gain— 

11 ‘‘(i) if the violation is the offender’s 

12 first violation under this subparagraph, 

13 shall be fined under such title, imprisoned 

14 for not more than 20 years, or both; or 

15 ‘‘(ii) if the violation is the offender’s 

16 second or subsequent violation of this sub17 paragraph, shall be fined under such title, 

18 imprisoned for not less than 3 years or 

19 more than 20 years, or both; 

20 ‘‘(C) if the offense furthered or aided the 

21 commission of any other offense against the 

22 United States or any State that is punishable 

23 by imprisonment for more than 1 year, shall be 

24 fined under such title, imprisoned for not less 

25 than 5 years or more than 20 years, or both; 


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1 ‘‘(D) shall be fined under such title, im2 prisoned not less than 5 years or more than 20 

3 years, or both, if the offense created a substan4 tial and foreseeable risk of death, a substantial 

5 and foreseeable risk of serious bodily injury (as 

6 defined in section 2119(2) of title 18, United 

7 States Code), or inhumane conditions to an8 other person, including— 

9 ‘‘(i) transporting the person in an en10 gine compartment, storage compartment, 

11 or other confined space; 

12 ‘‘(ii) transporting the person at an ex13 cessive speed or in excess of the rated ca14 pacity of the means of transportation; or 

15 ‘‘(iii) transporting the person in, har16 boring the person in, or otherwise sub17 jecting the person to crowded or dangerous 

18 conditions; 

19 ‘‘(E) if the offense caused serious bodily 

20 injury (as defined in section 2119(2) of title 18, 

21 United States Code) to any person, shall be 

22 fined under such title, imprisoned for not less 

23 than 7 years or more than 30 years, or both; 

24 ‘‘(F) shall be fined under such title and 

25 imprisoned for not less than 10 years or more 


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1 than 30 years if the offense involved an alien 

2 who the offender knew or had reason to believe 

3 was— 

4 ‘‘(i) engaged in terrorist activity (as 

5 defined in section 212(a)(3)(B)); or 

6 ‘‘(ii) intending to engage in terrorist 

7 activity; 

8 ‘‘(G) if the offense caused or resulted in 

9 the death of any person, shall be punished by 

10 death or imprisoned for a term of years not less 

11 than 10 years and up to life, and fined under 

12 title 18, United States Code. 

13 ‘‘(3) LIMITATION.—It is not a violation of sub14 paragraph (D), (E), or (F) of paragraph (1)— 

15 ‘‘(A) for a religious denomination having a 

16 bona fide nonprofit, religious organization in 

17 the United States, or the agents or officers of 

18 such denomination or organization, to encour19 age, invite, call, allow, or enable an alien who 

20 is present in the United States to perform the 

21 vocation of a minister or missionary for the de22 nomination or organization in the United States 

23 as a volunteer who is not compensated as an 

24 employee, notwithstanding the provision of 

25 room, board, travel, medical assistance, and 


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1 other basic living expenses, provided the min2 ister or missionary has been a member of the 

3 denomination for at least 1 year; or 

4 ‘‘(B) for an individual to provide an alien 

5 with emergency humanitarian assistance, in6 cluding emergency medical care and food, or to 

7 transport the alien to a location where such as8 sistance can be rendered, provided that such as9 sistance is rendered without compensation or 

10 the expectation of compensation. 

11 ‘‘(4) EXTRATERRITORIAL JURISDICTION.— 

12 There is extraterritorial Federal jurisdiction over the 

13 offenses described in this subsection. 

14 ‘‘(b) EMPLOYMENT OF UNAUTHORIZED ALIENS.— 

15 ‘‘(1) CRIMINAL OFFENSE AND PENALTIES.— 

16 Any person who, during any 12-month period, know17 ingly employs 10 or more individuals with actual 

18 knowledge or in reckless disregard of the fact that 

19 the individuals are aliens described in paragraph (2), 

20 shall be fined under title 18, United States Code, 

21 imprisoned for not more than 10 years, or both. 

22 ‘‘(2) DEFINITION.—An alien described in this 

23 paragraph is an alien who— 

24 ‘‘(A) is an unauthorized alien (as defined 

25 in section 274A(h)(3)); 


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1 ‘‘(B) is present in the United States with2 out lawful authority; and 

3 ‘‘(C) has been brought into the United 

4 States in violation of this subsection. 

5 ‘‘(c) SEIZURE AND FORFEITURE.— 

6 ‘‘(1) IN GENERAL.—Any real or personal prop7 erty used to commit or facilitate the commission of 

8 a violation of this section, the gross proceeds of such 

9 violation, and any property traceable to such prop10 erty or proceeds, shall be subject to forfeiture. 

11 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and 

12 forfeitures under this subsection shall be governed 

13 by the provisions of chapter 46 of title 18, United 

14 States Code, relating to civil forfeitures, except that 

15 such duties as are imposed upon the Secretary of 

16 the Treasury under the customs laws described in 

17 section 981(d) shall be performed by such officers, 

18 agents, and other persons as may be designated for 

19 that purpose by the Secretary of Homeland Security. 

20 ‘‘(3) PRIMAFACIE EVIDENCE IN DETERMINA21 TIONS OF VIOLATIONS.—In determining whether a 

22 violation of subsection (a) has occurred, prima facie 

23 evidence that an alien involved in the alleged viola24 tion lacks lawful authority to come to, enter, reside 

25 in, remain in, or be in the United States or that 


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1 such alien had come to, entered, resided in, re2 mained in, or been present in the United States in 

3 violation of law shall include— 

4 ‘‘(A) any order, finding, or determination 

5 concerning the alien’s status or lack of status 

6 made by a Federal judge or administrative ad7 judicator (including an immigration judge or 

8 immigration officer) during any judicial or ad9 ministrative proceeding authorized under Fed10 eral immigration law; 

11 ‘‘(B) official records of the Department of 

12 Homeland Security, the Department of Justice, 

13 or the Department of State concerning the 

14 alien’s status or lack of status; and 

15 ‘‘(C) testimony by an immigration officer 

16 having personal knowledge of the facts con17 cerning the alien’s status or lack of status. 

18 ‘‘(d) AUTHORITY TO ARREST.—No officer or person 

19 shall have authority to make any arrests for a violation 

20 of any provision of this section except— 

21 ‘‘(1) officers and employees designated by the 

22 Secretary of Homeland Security, either individually 

23 or as a member of a class; and 

24 ‘‘(2) other officers responsible for the enforce25 ment of Federal criminal laws. 


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1 ‘‘(e) ADMISSIBILITY OF VIDEOTAPED WITNESS TES2 TIMONY.—Notwithstanding any provision of the Federal 

3 Rules of Evidence, the videotaped or otherwise audio4 visually preserved deposition of a witness to a violation 

5 of subsection (a) who has been deported or otherwise ex6 pelled from the United States, or is otherwise unavailable 

7 to testify, may be admitted into evidence in an action 

8 brought for that violation if— 

9 ‘‘(1) the witness was available for cross exam10 ination at the deposition by the party, if any, oppos11 ing admission of the testimony; and 

12 ‘‘(2) the deposition otherwise complies with the 

13 Federal Rules of Evidence. 

14 ‘‘(f) OUTREACH PROGRAM.— 

15 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

16 Security, in consultation with the Attorney General 

17 and the Secretary of State, as appropriate, shall— 

18 ‘‘(A) develop and implement an outreach 

19 program to educate people in and out of the 

20 United States about the penalties for bringing 

21 in and harboring aliens in violation of this sec22 tion; and 

23 ‘‘(B) establish the American Local and In24 terior Enforcement Needs (ALIEN) Task Force 

25 to identify and respond to the use of Federal, 


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1 State, and local transportation infrastructure to 

2 further the trafficking of unlawful aliens within 

3 the United States. 

4 ‘‘(2) FIELD OFFICES.—The Secretary of Home5 land Security, after consulting with State and local 

6 government officials, shall establish such field offices 

7 as may be necessary to carry out this subsection. 

8 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

9 There are authorized to be appropriated such sums 

10 are necessary for the fiscal years 2007 through 2011 

11 to carry out this subsection. 

12 ‘‘(g) DEFINITIONS.—In this section: 

13 ‘‘(1) CROSSED THE BORDER INTO THE UNITED

14 STATES.—An alien is deemed to have crossed the 

15 border into the United States regardless of whether 

16 the alien is free from official restraint. 

17 ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful 

18 authority’ means permission, authorization, or li19 cense that is expressly provided for in the immigra20 tion laws of the United States or accompanying reg21 ulations. The term does not include any such au22 thority secured by fraud or otherwise obtained in 

23 violation of law or authority sought, but not ap24 proved. No alien shall be deemed to have lawful au25 thority to come to, enter, reside in, remain in, or be 


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1 in the United States if such coming to, entry, resi2 dence, remaining, or presence was, is, or would be 

3 in violation of law. 

4 ‘‘(3) PROCEEDS.—The term ‘proceeds’ includes 

5 any property or interest in property obtained or re6 tained as a consequence of an act or omission in vio7 lation of this section. 

8 ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlawful 

9 transit’ means travel, movement, or temporary pres10 ence that violates the laws of any country in which 

11 the alien is present or any country from which the 

12 alien is traveling or moving.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents is amended by striking the item relating to sec15 tion 274 and inserting the following: 

‘‘Sec. 274. Alien smuggling and related offenses.’’. 

16 (d) PROHIBITING CARRYING OR USING A FIREARM

17 DURING AND IN RELATION TO AN ALIEN SMUGGLING

18 CRIME.—Section 924(c) of title 18, United States Code, 

19 is amended— 

20 (1) in paragraph (1)— 

21 (A) in subparagraph (A), by inserting ‘‘, 

22 alien smuggling crime,’’ after ‘‘any crime of vio23 lence’’; 


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1 (B) in subparagraph (A), by inserting ‘‘, 

2 alien smuggling crime,’’ after ‘‘such crime of vi3 olence’’; 

4 (C) in subparagraph (D)(ii), by inserting 

5 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio6 lence’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(6) For purposes of this subsection, the term ‘alien 

9 smuggling crime’ means any felony punishable under sec10 tion 274(a), 277, or 278 of the Immigration and Nation11 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 

12 SEC. 206. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF AN 

13 ALIEN. 

14 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

15 amended to read as follows: 

16 ‘‘SEC. 275. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF 

17 AN ALIEN. 

18 ‘‘(a) IN GENERAL.— 

19 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

20 subject to the penalties set forth in paragraph (2) if 

21 the alien— 

22 ‘‘(A) knowingly enters or crosses the bor23 der into the United States at any time or place 

24 other than as designated by the Secretary of 

25 Homeland Security; 


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1 ‘‘(B) knowingly eludes examination or in2 spection by an immigration officer; 

3 ‘‘(C) knowingly enters or crosses the bor4 der to the United States by means of a know5 ingly false or misleading representation or the 

6 knowing concealment of a material fact; or 

7 ‘‘(D) is otherwise present in the United 

8 States, knowing that such presence violates the 

9 terms and conditions of any admission, parole, 

10 immigration status, or authorized stay granted 

11 the alien under this Act. 

12 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

13 violates any provision under paragraph (1)— 

14 ‘‘(A) shall, for the first violation, be fined 

15 under title 18, United States Code, imprisoned 

16 not more than 6 months, or both; 

17 ‘‘(B) shall, for a second or subsequent vio18 lation, or following an order of voluntary depar19 ture, be fined under such title, imprisoned not 

20 more than 2 years, or both; 

21 ‘‘(C) if the violation occurred after the 

22 alien had been convicted of 3 or more mis23 demeanors or for a felony, shall be fined under 

24 such title, imprisoned not more than 10 years, 

25 or both; 


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1 ‘‘(D) if the violation occurred after the 

2 alien had been convicted of a felony for which 

3 the alien received a term of imprisonment of 

4 not less than 30 months, shall be fined under 

5 such title, imprisoned not more than 15 years, 

6 or both; and 

7 ‘‘(E) if the violation occurred after the 

8 alien had been convicted of a felony for which 

9 the alien received a term of imprisonment of 

10 not less than 60 months, such alien shall be 

11 fined under such title, imprisoned not more 

12 than 20 years, or both. 

13 ‘‘(3) PRIOR CONVICTIONS.—The prior convic14 tions described in subparagraphs (C) through (E) of 

15 paragraph (2) are elements of the offenses described 

16 in that paragraph and the penalties in such subpara17 graphs shall apply only in cases in which the convic18 tion or convictions that form the basis for the addi19 tional penalty are— 

20 ‘‘(A) alleged in the indictment or informa21 tion; and 

22 ‘‘(B) proven beyond a reasonable doubt at 

23 trial or admitted by the defendant. 

24 ‘‘(4) DURATION OF OFFENSE.—An offense 

25 under this subsection continues until the alien is disVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 covered within the United States by an immigration 

2 officer. 

3 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN4 ALTIES.— 

5 ‘‘(1) IN GENERAL.—Any alien who is appre6 hended while entering, attempting to enter, or know7 ingly crossing or attempting to cross the border to 

8 the United States at a time or place other than as 

9 designated by immigration officers shall be subject 

10 to a civil penalty, in addition to any criminal or 

11 other civil penalties that may be imposed under any 

12 other provision of law, in an amount equal to— 

13 ‘‘(A) not less than $50 or more than $250 

14 for each such entry, crossing, attempted entry, 

15 or attempted crossing; or 

16 ‘‘(B) twice the amount specified in para17 graph (1) if the alien had previously been sub18 ject to a civil penalty under this subsection. 

19 ‘‘(2) CROSSED THE BORDER DEFINED.—In this 

20 section, an alien is deemed to have crossed the bor21 der if the act was voluntary, regardless of whether 

22 the alien was under observation at the time of the 

23 crossing.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents 

2 is amended by striking the item relating to section 275 

3 and inserting the following: 

‘‘Sec. 275. Illegal entry or unlawful presence of an alien.’’. 

4 SEC. 207. ILLEGAL REENTRY. 

5 Section 276 (8 U.S.C. 1326) is amended to read as 

6 follows: 

7 ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. 

8 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

9 has been denied admission, excluded, deported, or re10 moved, or who has departed the United States while an 

11 order of exclusion, deportation, or removal is outstanding, 

12 and subsequently enters, attempts to enter, crosses the 

13 border to, attempts to cross the border to, or is at any 

14 time found in the United States, shall be fined under title 

15 18, United States Code, imprisoned not more than 2 

16 years, or both. 

17 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not18 withstanding the penalty provided in subsection (a), if an 

19 alien described in that subsection— 

20 ‘‘(1) was convicted for 3 or more misdemeanors 

21 or a felony before such removal or departure, the 

22 alien shall be fined under title 18, United States 

23 Code, imprisoned not more than 10 years, or both; 

24 ‘‘(2) was convicted for a felony before such re25 moval or departure for which the alien was senVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 tenced to a term of imprisonment of not less than 

2 30 months, the alien shall be fined under such title, 

3 imprisoned not more than 15 years, or both; 

4 ‘‘(3) was convicted for a felony before such re5 moval or departure for which the alien was sen6 tenced to a term of imprisonment of not less than 

7 60 months, the alien shall be fined under such title, 

8 imprisoned not more than 20 years, or both; 

9 ‘‘(4) was convicted for 3 felonies before such re10 moval or departure, the alien shall be fined under 

11 such title, imprisoned not more than 20 years, or 

12 both; or 

13 ‘‘(5) was convicted, before such removal or de14 parture, for murder, rape, kidnaping, or a felony of15 fense described in chapter 77 (relating to peonage 

16 and slavery) or 113B (relating to terrorism) of such 

17 title, the alien shall be fined under such title, impris18 oned not more than 20 years, or both. 

19 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

20 alien who has been denied admission, excluded, deported, 

21 or removed 3 or more times and thereafter enters, at22 tempts to enter, crosses the border to, attempts to cross 

23 the border to, or is at any time found in the United States, 

24 shall be fined under title 18, United States Code, impris25 oned not more than 10 years, or both. 


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1 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

2 convictions described in subsection (b) are elements of the 

3 crimes described in that subsection, and the penalties in 

4 that subsection shall apply only in cases in which the con5 viction or convictions that form the basis for the additional 

6 penalty are— 

7 ‘‘(1) alleged in the indictment or information; 

8 and 

9 ‘‘(2) proven beyond a reasonable doubt at trial 

10 or admitted by the defendant. 

11 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af12 firmative defense to a violation of this section that— 

13 ‘‘(1) prior to the alleged violation, the alien had 

14 sought and received the express consent of the Sec15 retary of Homeland Security to reapply for admis16 sion into the United States; or 

17 ‘‘(2) with respect to an alien previously denied 

18 admission and removed, the alien— 

19 ‘‘(A) was not required to obtain such ad20 vance consent under the Immigration and Na21 tionality Act or any prior Act; and 

22 ‘‘(B) had complied with all other laws and 

23 regulations governing the alien’s admission into 

24 the United States. 


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1 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN2 DERLYING REMOVAL ORDER.—In a criminal proceeding 

3 under this section, an alien may not challenge the validity 

4 of any prior removal order concerning the alien unless the 

5 alien demonstrates by clear and convincing evidence 

6 that— 

7 ‘‘(1) the alien exhausted all administrative rem8 edies that may have been available to seek relief 

9 against the order; 

10 ‘‘(2) the removal proceedings at which the order 

11 was issued improperly deprived the alien of the op12 portunity for judicial review; and 

13 ‘‘(3) the entry of the order was fundamentally 

14 unfair. 

15 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM16 PLETION OF TERM OF IMPRISONMENT.—Any alien re17 moved pursuant to section 241(a)(4) who enters, attempts 

18 to enter, crosses the border to, attempts to cross the bor19 der to, or is at any time found in, the United States shall 

20 be incarcerated for the remainder of the sentence of im21 prisonment which was pending at the time of deportation 

22 without any reduction for parole or supervised release un23 less the alien affirmatively demonstrates that the Sec24 retary of Homeland Security has expressly consented to 

25 the alien’s reentry. Such alien shall be subject to such 


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1 other penalties relating to the reentry of removed aliens 

2 as may be available under this section or any other provi3 sion of law. 

4 ‘‘(h) LIMITATION.—It is not aiding and abetting a 

5 violation of this section for an individual to provide an 

6 alien with emergency humanitarian assistance, including 

7 emergency medical care and food, or to transport the alien 

8 to a location where such assistance can be rendered, pro9 vided that such assistance is rendered without compensa10 tion or the expectation of compensation. 

11 ‘‘(i) DEFINITIONS.—In this section: 

12 ‘‘(1) CROSSES THE BORDER.—The term 

13 ‘crosses the border’ applies if an alien acts volun14 tarily, regardless of whether the alien was under ob15 servation at the time of the crossing. 

16 ‘‘(2) FELONY.—Term ‘felony’ means any crimi17 nal offense punishable by a term of imprisonment of 

18 more than 1 year under the laws of the United 

19 States, any State, or a foreign government. 

20 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

21 means any criminal offense punishable by a term of 

22 imprisonment of not more than 1 year under the ap23 plicable laws of the United States, any State, or a 

24 foreign government. 


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1 ‘‘(4) REMOVAL.—The term ‘removal’ includes 

2 any denial of admission, exclusion, deportation, or 

3 removal, or any agreement by which an alien stipu4 lates or agrees to exclusion, deportation, or removal. 

5 ‘‘(5) STATE.—The term ‘State’ means a State 

6 of the United States, the District of Columbia, and 

7 any commonwealth, territory, or possession of the 

8 United States.’’. 

9 SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

10 FRAUD OFFENSES. 

11 (a) IN GENERAL.—Chapter 75 of title 18, United 

12 States Code, is amended to read as follows: 

13 ‘‘CHAPTER 75—PASSPORT, VISA, AND 

14 IMMIGRATION FRAUD 

‘‘Sec. 

‘‘1541. Trafficking in passports. 

‘‘1542. False statement in an application for a passport. 

‘‘1543. Forgery and unlawful production of a passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to defraud aliens. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Marriage fraud. 

‘‘1548. Attempts and conspiracies. 

‘‘1549. Alternative penalties for certain offenses. 

‘‘1550. Seizure and forfeiture. 

‘‘1551. Additional jurisdiction. 

‘‘1552. Additional venue. 

‘‘1553. Definitions. 

‘‘1554. Authorized law enforcement activities. 

15 ‘‘§ 1541. Trafficking in passports 

16 ‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur17 ing any 3-year period, knowingly– 


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1 ‘‘(1) and without lawful authority produces, 

2 issues, or transfers 10 or more passports; 

3 ‘‘(2) forges, counterfeits, alters, or falsely 

4 makes 10 or more passports; 

5 ‘‘(3) secures, possesses, uses, receives, buys, 

6 sells, or distributes 10 or more passports, knowing 

7 the passports to be forged, counterfeited, altered, 

8 falsely made, stolen, procured by fraud, or produced 

9 or issued without lawful authority; or 

10 ‘‘(4) completes, mails, prepares, presents, signs, 

11 or submits 10 or more applications for a United 

12 States passport (including any supporting docu13 mentation), knowing the applications to contain any 

14 false statement or representation, 

15 shall be fined under this title, imprisoned not more than 

16 20 years, or both. 

17 ‘‘(b) PASSPORT MATERIALS.—Any person who know18 ingly and without lawful authority produces, counterfeits, 

19 secures, possesses, or uses any official paper, seal, 

20 hologram, image, text, symbol, stamp, engraving, plate, or 

21 other material used to make a passport shall be fined 

22 under this title, imprisoned not more than 20 years, or 

23 both. 


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1 ‘‘§ 1542. False statement in an application for a pass2 port 

3 ‘‘Any person who knowingly— 

4 ‘‘(1) makes any false statement or representa5 tion in an application for a United States passport 

6 (including any supporting documentation); 

7 ‘‘(2) completes, mails, prepares, presents, signs, 

8 or submits an application for a United States pass9 port (including any supporting documentation) 

10 knowing the application to contain any false state11 ment or representation; or 

12 ‘‘(3) causes or attempts to cause the production 

13 of a passport by means of any fraud or false applica14 tion for a United States passport (including any 

15 supporting documentation), if such production oc16 curs or would occur at a facility authorized by the 

17 Secretary of State for the production of passports, 

18 shall be fined under this title, imprisoned not more than 

19 15 years, or both. 

20 ‘‘§ 1543. Forgery and unlawful production of a pass21 port 

22 ‘‘(a) FORGERY.—Any person who— 

23 ‘‘(1) knowingly forges, counterfeits, alters, or 

24 falsely makes any passport; or 

25 ‘‘(2) knowingly transfers any passport knowing 

26 it to be forged, counterfeited, altered, falsely made, 


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1 stolen, or to have been produced or issued without 

2 lawful authority, 

3 shall be fined under this title, imprisoned not more than 

4 15 years, or both. 

5 ‘‘(b) UNLAWFUL PRODUCTION.—Any person who 

6 knowingly and without lawful authority— 

7 ‘‘(1) produces, issues, authorizes, or verifies a 

8 passport in violation of the laws, regulations, or 

9 rules governing the issuance of the passport; 

10 ‘‘(2) produces, issues, authorizes, or verifies a 

11 United States passport for or to any person not 

12 owing allegiance to the United States; or 

13 ‘‘(3) transfers or furnishes a passport to a per14 son for use when such person is not the person for 

15 whom the passport was issued or designed, 

16 shall be fined under this title, imprisoned not more than 

17 15 years, or both. 

18 ‘‘§ 1544. Misuse of a passport 

19 ‘‘(a) IN GENERAL.—Any person who— 

20 ‘‘(1) knowingly uses any passport issued or de21 signed for the use of another; 

22 ‘‘(2) knowingly uses any passport in violation of 

23 the conditions or restrictions therein contained, or in 

24 violation of the laws, regulations, or rules governing 

25 the issuance and use of the passport; 


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1 ‘‘(3) knowingly secures, possesses, uses, re2 ceives, buys, sells, or distributes any passport know3 ing it to be forged, counterfeited, altered, falsely 

4 made, procured by fraud, or produced or issued 

5 without lawful authority; or 

6 ‘‘(4) knowingly violates the terms and condi7 tions of any safe conduct duly obtained and issued 

8 under the authority of the United States, 

9 shall be fined under this title, imprisoned not more than 

10 15 years, or both. 

11 ‘‘(b) ENTRY; FRAUD.—Any person who knowingly 

12 uses any passport, knowing the passport to be forged, 

13 counterfeited, altered, falsely made, procured by fraud, 

14 produced or issued without lawful authority, or issued or 

15 designed for the use of another— 

16 ‘‘(1) to enter or to attempt to enter the United 

17 States; or 

18 ‘‘(2) to defraud the United States, a State, or 

19 a political subdivision of a State, 

20 shall be fined under this title, imprisoned not more than 

21 15 years, or both. 

22 ‘‘§ 1545. Schemes to defraud aliens 

23 ‘‘(a) IN GENERAL.—Any person who knowingly exe24 cutes a scheme or artifice, in connection with any matter 

25 that is authorized by or arises under Federal immigration 


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1 laws, or any matter the offender claims or represents is 

2 authorized by or arises under Federal immigration laws— 

3 ‘‘(1) to defraud any person, or 

4 ‘‘(2) to obtain or receive from any person, by 

5 means of false or fraudulent pretenses, representa6 tions, promises, money or anything else of value, 

7 shall be fined under this title, imprisoned not more than 

8 15 years, or both. 

9 ‘‘(b) MISREPRESENTATION.—Any person who know10 ingly and falsely represents himself to be an attorney in 

11 any matter arising under Federal immigration laws shall 

12 be fined under this title, imprisoned not more than 15 

13 years, or both. 

14 ‘‘§ 1546. Immigration and visa fraud 

15 ‘‘(a) IN GENERAL.—Any person who knowingly— 

16 ‘‘(1) uses any immigration document issued or 

17 designed for the use of another; 

18 ‘‘(2) forges, counterfeits, alters, or falsely 

19 makes any immigration document; 

20 ‘‘(3) completes, mails, prepares, presents, signs, 

21 or submits any immigration document knowing it to 

22 contain any materially false statement or representa23 tion; 

24 ‘‘(4) secures, possesses, uses, transfers, re25 ceives, buys, sells, or distributes any immigration 


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1 document knowing it to be forged, counterfeited, al2 tered, falsely made, stolen, procured by fraud, or 

3 produced or issued without lawful authority; 

4 ‘‘(5) adopts or uses a false or fictitious name to 

5 evade or to attempt to evade the immigration laws; 

6 or 

7 ‘‘(6) transfers or furnishes an immigration doc8 ument to a person without lawful authority for use 

9 if such person is not the person for whom the immi10 gration document was issued or designed, 

11 shall be fined under this title, imprisoned not more than 

12 15 years, or both. 

13 ‘‘(b) MULTIPLE VIOLATIONS.—Any person who, dur14 ing any 3-year period, knowingly— 

15 ‘‘(1) and without lawful authority produces, 

16 issues, or transfers 10 or more immigration docu17 ments; 

18 ‘‘(2) forges, counterfeits, alters, or falsely 

19 makes 10 or more immigration documents; 

20 ‘‘(3) secures, possesses, uses, buys, sells, or dis21 tributes 10 or more immigration documents, know22 ing the immigration documents to be forged, coun23 terfeited, altered, stolen, falsely made, procured by 

24 fraud, or produced or issued without lawful author25 ity; or 


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1 ‘‘(4) completes, mails, prepares, presents, signs, 

2 or submits 10 or more immigration documents 

3 knowing the documents to contain any materially 

4 false statement or representation, 

5 shall be fined under this title, imprisoned not more than 

6 20 years, or both. 

7 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

8 person who knowingly and without lawful authority pro9 duces, counterfeits, secures, possesses, or uses any official 

10 paper, seal, hologram, image, text, symbol, stamp, engrav11 ing, plate, or other material, used to make an immigration 

12 document shall be fined under this title, imprisoned not 

13 more than 20 years, or both. 

14 ‘‘§ 1547. Marriage fraud 

15 ‘‘(a) EVASION OR MISREPRESENTATION.—Any per16 son who— 

17 ‘‘(1) knowingly enters into a marriage for the 

18 purpose of evading any provision of the immigration 

19 laws; or 

20 ‘‘(2) knowingly misrepresents the existence or 

21 circumstances of a marriage— 

22 ‘‘(A) in an application or document author23 ized by the immigration laws; or 

24 ‘‘(B) during any immigration proceeding 

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1 cluding an immigration officer or examiner, a 

2 consular officer, an immigration judge, or a 

3 member of the Board of Immigration Appeals), 

4 shall be fined under this title, imprisoned not more than 

5 10 years, or both. 

6 ‘‘(b) MULTIPLE MARRIAGES.—Any person who— 

7 ‘‘(1) knowingly enters into 2 or more marriages 

8 for the purpose of evading any immigration law; or 

9 ‘‘(2) knowingly arranges, supports, or facilitates 

10 2 or more marriages designed or intended to evade 

11 any immigration law, 

12 shall be fined under this title, imprisoned not more than 

13 20 years, or both. 

14 ‘‘(c) COMMERCIAL ENTERPRISE.—Any person who 

15 knowingly establishes a commercial enterprise for the pur16 pose of evading any provision of the immigration laws 

17 shall be fined under this title, imprisoned for not more 

18 than 10 years, or both. 

19 ‘‘(d) DURATION OF OFFENSE.— 

20 ‘‘(1) IN GENERAL.—An offense under sub21 section (a) or (b) continues until the fraudulent na22 ture of the marriage or marriages is discovered by 

23 an immigration officer. 

24 ‘‘(2) COMMERCIAL ENTERPRISE.—An offense 

25 under subsection (c) continues until the fraudulent 


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1 nature of commercial enterprise is discovered by an 

2 immigration officer or other law enforcement officer. 

3 ‘‘§ 1548. Attempts and conspiracies 

4 ‘‘Any person who attempts or conspires to violate any 

5 section of this chapter shall be punished in the same man6 ner as a person who completed a violation of that section. 

7 ‘‘§ 1549. Alternative penalties for certain offenses 

8 ‘‘(a) TERRORISM.—Any person who violates any sec9 tion of this chapter— 

10 ‘‘(1) knowing that such violation will facilitate 

11 an act of international terrorism or domestic ter12 rorism (as those terms are defined in section 2331); 

13 or 

14 ‘‘(2) with the intent to facilitate an act of inter15 national terrorism or domestic terrorism, 

16 shall be fined under this title, imprisoned not more than 

17 25 years, or both. 

18 ‘‘(b) OFFENSE AGAINST GOVERNMENT.—Any person 

19 who violates any section of this chapter— 

20 ‘‘(1) knowing that such violation will facilitate 

21 the commission of any offense against the United 

22 States (other than an offense in this chapter) or 

23 against any State, which offense is punishable by 

24 imprisonment for more than 1 year; or 


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1 ‘‘(2) with the intent to facilitate the commission 

2 of any offense against the United States (other than 

3 an offense in this chapter) or against any State, 

4 which offense is punishable by imprisonment for 

5 more than 1 year, 

6 shall be fined under this title, imprisoned not more than 

7 20 years, or both. 

8 ‘‘§ 1550. Seizure and forfeiture 

9 ‘‘(a) FORFEITURE.—Any property, real or personal, 

10 used to commit or facilitate the commission of a violation 

11 of any section of this chapter, the gross proceeds of such 

12 violation, and any property traceable to such property or 

13 proceeds, shall be subject to forfeiture. 

14 ‘‘(b) APPLICABLE LAW.—Seizures and forfeitures 

15 under this section shall be governed by the provisions of 

16 chapter 46 relating to civil forfeitures, except that such 

17 duties as are imposed upon the Secretary of the Treasury 

18 under the customs laws described in section 981(d) shall 

19 be performed by such officers, agents, and other persons 

20 as may be designated for that purpose by the Secretary 

21 of Homeland Security, the Secretary of State, or the At22 torney General. 

23 ‘‘§ 1551. Additional jurisdiction 

24 ‘‘(a) IN GENERAL.—Any person who commits an of25 fense under this chapter within the special maritime and 


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1 territorial jurisdiction of the United States shall be pun2 ished as provided under this chapter. 

3 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per4 son who commits an offense under this chapter outside 

5 the United States shall be punished as provided under this 

6 chapter if— 

7 ‘‘(1) the offense involves a United States immi8 gration document (or any document purporting to be 

9 such a document) or any matter, right, or benefit 

10 arising under or authorized by Federal immigration 

11 laws; 

12 ‘‘(2) the offense is in or affects foreign com13 merce; 

14 ‘‘(3) the offense affects, jeopardizes, or poses a 

15 significant risk to the lawful administration of Fed16 eral immigration laws, or the national security of the 

17 United States; 

18 ‘‘(4) the offense is committed to facilitate an 

19 act of international terrorism (as defined in section 

20 2331) or a drug trafficking crime (as defined in sec21 tion 929(a)(2)) that affects or would affect the na22 tional security of the United States; 

23 ‘‘(5) the offender is a national of the United 

24 States (as defined in section 101(a)(22) of the Im25 migration and Nationality Act (8 U.S.C. 


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1 1101(a)(22))) or an alien lawfully admitted for per2 manent residence in the United States (as defined in 

3 section 101(a)(20) of such Act); or 

4 ‘‘(6) the offender is a stateless person whose 

5 habitual residence is in the United States. 

6 ‘‘§ 1552. Additional venue 

7 ‘‘(a) IN GENERAL.—An offense under section 1542 

8 may be prosecuted in— 

9 ‘‘(1) any district in which the false statement or 

10 representation was made; 

11 ‘‘(2) any district in which the passport applica12 tion was prepared, submitted, mailed, received, proc13 essed, or adjudicated; or 

14 ‘‘(3) in the case of an application prepared and 

15 adjudicated outside the United States, in the district 

16 in which the resultant passport was produced. 

17 ‘‘(b) SAVINGS CLAUSE.—Nothing in this section lim18 its the venue otherwise available under sections 3237 and 

19 3238. 

20 ‘‘§ 1553. Definitions 

21 ‘‘As used in this chapter: 

22 ‘‘(1) The term ‘falsely make’ means to prepare 

23 or complete an immigration document with knowl24 edge or in reckless disregard of the fact that the 

25 document— 


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1 ‘‘(A) contains a statement or representa2 tion that is false, fictitious, or fraudulent; 

3 ‘‘(B) has no basis in fact or law; or 

4 ‘‘(C) otherwise fails to state a fact which 

5 is material to the purpose for which the docu6 ment was created, designed, or submitted. 

7 ‘‘(2) The term a ‘false statement or representa8 tion’ includes a personation or an omission. 

9 ‘‘(3) The term ‘felony’ means any criminal of10 fense punishable by a term of imprisonment of more 

11 than 1 year under the laws of the United States, any 

12 State, or a foreign government. 

13 ‘‘(4) The term ‘immigration document’— 

14 ‘‘(A) means— 

15 ‘‘(i) any passport or visa; or 

16 ‘‘(ii) any application, petition, affi17 davit, declaration, attestation, form, identi18 fication card, alien registration document, 

19 employment authorization document, bor20 der crossing card, certificate, permit, 

21 order, license, stamp, authorization, grant 

22 of authority, or other evidentiary docu23 ment, arising under or authorized by the 

24 immigration laws of the United States; and 


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1 ‘‘(B) includes any document, photograph, 

2 or other piece of evidence attached to or sub3 mitted in support of an immigration document. 

4 ‘‘(5) The term ‘immigration laws’ includes— 

5 ‘‘(A) the laws described in section 

6 101(a)(17) of the Immigration and Nationality 

7 Act (8 U.S.C. 1101(a)(17)); 

8 ‘‘(B) the laws relating to the issuance and 

9 use of passports; and 

10 ‘‘(C) the regulations prescribed under the 

11 authority of any law described in paragraphs 

12 (1) and (2). 

13 ‘‘(6) The term ‘immigration proceeding’ in14 cludes an adjudication, interview, hearing, or review. 

15 ‘‘(7) A person does not exercise ‘lawful author16 ity’ if the person abuses or improperly exercises law17 ful authority the person otherwise holds. 

18 ‘‘(8) The term ‘passport’ means a travel docu19 ment attesting to the identity and nationality of the 

20 bearer that is issued under the authority of the Sec21 retary of State, a foreign government, or an inter22 national organization; or any instrument purporting 

23 to be the same. 

24 ‘‘(9) The term ‘produce’ means to make, pre25 pare, assemble, issue, print, authenticate, or alter. 


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1 ‘‘(10) The term ‘State’ means a State of the 

2 United States, the District of Columbia, or any com3 monwealth, territory, or possession of the United 

4 States. 

5 ‘‘§ 1554. Authorized law enforcement activities 

6 ‘‘Nothing in this chapter shall prohibit any lawfully 

7 authorized investigative, protective, or intelligence activity 

8 of a law enforcement agency of the United States, a State, 

9 or a political subdivision of a State, or an intelligence 

10 agency of the United States, or any activity authorized 

11 under title V of the Organized Crime Control Act of 1970 

12 (84 Stat. 933).’’. 

13 (b) CLERICAL AMENDMENT.—The table of chapters 

14 in title 18, United States Code, is amended by striking 

15 the item relating to chapter 75 and inserting the following: 

‘‘75. Passport, visa, and immigration fraud ............................. 1541’’. 

16 SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT 

17 AND IMMIGRATION FRAUD OFFENSES. 

18 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

19 U.S.C. 1182(a)(2)(A)(i)) is amended– 

20 (1) in subclause (I), by striking ‘‘, or’’ at the 

21 end and inserting a semicolon; 

22 (2) in subclause (II), by striking the comma at 

23 the end and inserting ‘‘; or’’; and 

24 (3) by inserting after subclause (II) the fol25 lowing: 


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1 ‘‘(III) a violation of (or a con2 spiracy or attempt to violate) any pro3 vision of chapter 75 of title 18, 

4 United States Code,’’. 

5 (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 

6 1227(a)(3)(B)(iii)) is amended to read as follows: 

7 ‘‘(iii) of a violation of any provision of 

8 chapter 75 of title 18, United States 

9 Code,’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 subsections (a) and (b) shall apply to proceedings pending 

12 on or after the date of the enactment of this Act. 

13 SEC. 210. INCARCERATION OF CRIMINAL ALIENS. 

14 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

15 (1) CONTINUATION.—The Secretary shall con16 tinue to operate the Institutional Removal Program 

17 (referred to in this section as the ‘‘Program’’) or 

18 shall develop and implement another program to— 

19 (A) identify removable criminal aliens in 

20 Federal and State correctional facilities; 

21 (B) ensure that such aliens are not re22 leased into the community; and 

23 (C) remove such aliens from the United 

24 States after the completion of their sentences. 


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1 (2) EXPANSION.—The Secretary may extend 

2 the scope of the Program to all States. 

3 (b) AUTHORIZATION FOR DETENTION AFTER COM4 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

5 enforcement officers of a State or political subdivision of 

6 a State may— 

7 (1) hold an illegal alien for a period not to ex8 ceed 14 days after the completion of the alien’s 

9 State prison sentence to effectuate the transfer of 

10 the alien to Federal custody if the alien is removable 

11 or not lawfully present in the United States; or 

12 (2) issue a detainer that would allow aliens who 

13 have served a State prison sentence to be detained 

14 by the State prison until authorized employees of the 

15 Bureau of Immigration and Customs Enforcement 

16 can take the alien into custody. 

17 (c) TECHNOLOGY USAGE.—Technology, such as 

18 videoconferencing, shall be used to the maximum extent 

19 practicable to make the Program available in remote loca20 tions. Mobile access to Federal databases of aliens, such 

21 as IDENT, and live scan technology shall be used to the 

22 maximum extent practicable to make these resources 

23 available to State and local law enforcement agencies in 

24 remote locations. 


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1 (d) REPORT TO CONGRESS.—Not later than 6 

2 months after the date of the enactment of this Act, and 

3 annually thereafter, the Secretary shall submit a report 

4 to Congress on the participation of States in the Program 

5 and in any other program authorized under subsection (a). 

6 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated such sums as may be 

8 necessary in each of the fiscal years 2007 through 2011 

9 to carry out the Program. 

10 SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUN11 TARILY. 

12 (a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 

13 is amended— 

14 (1) in subsection (a)— 

15 (A) by amending paragraph (1) to read as 

16 follows: 

17 ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If 

18 an alien is not described in paragraph (2)(A)(iii) or 

19 (4) of section 237(a), the Secretary of Homeland Se20 curity may permit the alien to voluntarily depart the 

21 United States at the alien’s own expense under this 

22 subsection instead of being subject to proceedings 

23 under section 240.’’; 

24 (B) by striking paragraph (3); 


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1 (C) by redesignating paragraph (2) as 

2 paragraph (3); 

3 (D) by adding after paragraph (1) the fol4 lowing: 

5 ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL

6 PROCEEDINGS.—If an alien is not described in para7 graph (2)(A)(iii) or (4) of section 237(a), the Attor8 ney General may permit the alien to voluntarily de9 part the United States at the alien’s own expense 

10 under this subsection after the initiation of removal 

11 proceedings under section 240 and before the con12 clusion of such proceedings before an immigration 

13 judge.’’; 

14 (E) in paragraph (3), as redesignated— 

15 (i) by amending subparagraph (A) to 

16 read as follows: 

17 ‘‘(A) INSTEAD OF REMOVAL.—Subject to 

18 subparagraph (C), permission to voluntarily de19 part under paragraph (1) shall not be valid for 

20 any period in excess of 120 days. The Secretary 

21 may require an alien permitted to voluntarily 

22 depart under paragraph (1) to post a voluntary 

23 departure bond, to be surrendered upon proof 

24 that the alien has departed the United States 

25 within the time specified.’’; 


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1 (ii) by redesignating subparagraphs 

2 (B), (C), and (D) as paragraphs (C), (D), 

3 and (E), respectively; 

4 (iii) by adding after subparagraph (A) 

5 the following: 

6 ‘‘(B) BEFORE THE CONCLUSION OF RE7 MOVAL PROCEEDINGS.—Permission to volun8 tarily depart under paragraph (2) shall not be 

9 valid for any period in excess of 60 days, and 

10 may be granted only after a finding that the 

11 alien has the means to depart the United States 

12 and intends to do so. An alien permitted to vol13 untarily depart under paragraph (2) shall post 

14 a voluntary departure bond, in an amount nec15 essary to ensure that the alien will depart, to be 

16 surrendered upon proof that the alien has de17 parted the United States within the time speci18 fied. An immigration judge may waive the re19 quirement to post a voluntary departure bond 

20 in individual cases upon a finding that the alien 

21 has presented compelling evidence that the 

22 posting of a bond will pose a serious financial 

23 hardship and the alien has presented credible 

24 evidence that such a bond is unnecessary to 

25 guarantee timely departure.’’; 


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1 (iv) in subparagraph (C), as redesig2 nated, by striking ‘‘subparagraphs (C) 

3 and(D)(ii)’’ and inserting ‘‘subparagraphs 

4 (D) and (E)(ii)’’; 

5 (v) in subparagraph (D), as redesig6 nated, by striking ‘‘subparagraph (B)’’ 

7 each place that term appears and inserting 

8 ‘‘subparagraph (C)’’; and 

9 (vi) in subparagraph (E), as redesig10 nated, by striking ‘‘subparagraph (B)’’ 

11 each place that term appears and inserting 

12 ‘‘subparagraph (C)’’; and 

13 (F) in paragraph (4), by striking ‘‘para14 graph (1)’’ and inserting ‘‘paragraphs (1) and 

15 (2)’’; 

16 (2) in subsection (b)(2), by striking ‘‘a period 

17 exceeding 60 days’’ and inserting ‘‘any period in ex18 cess of 45 days’’; 

19 (3) by amending subsection (c) to read as fol20 lows: 

21 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

22 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

23 Voluntary departure may only be granted as part of 

24 an affirmative agreement by the alien. A voluntary 

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1 clude a waiver of the right to any further motion, 

2 appeal, application, petition, or petition for review 

3 relating to removal or relief or protection from re4 moval. 

5 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

6 connection with the alien’s agreement to depart vol7 untarily under paragraph (1), the Secretary of 

8 Homeland Security may agree to a reduction in the 

9 period of inadmissibility under subparagraph (A) or 

10 (B)(i) of section 212(a)(9). 

11 ‘‘(3) ADVISALS.—Agreements relating to vol12 untary departure granted during removal pro13 ceedings under section 240, or at the conclusion of 

14 such proceedings, shall be presented on the record 

15 before the immigration judge. The immigration 

16 judge shall advise the alien of the consequences of 

17 a voluntary departure agreement before accepting 

18 such agreement. 

19 ‘‘(4) FAILURE TO COMPLY WITH AGREE20 MENT.— 

21 ‘‘(A) IN GENERAL.—If an alien agrees to 

22 voluntary departure under this section and fails 

23 to depart the United States within the time al24 lowed for voluntary departure or fails to comply 

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1 ing failure to timely post any required bond), 

2 the alien is— 

3 ‘‘(i) ineligible for the benefits of the 

4 agreement; 

5 ‘‘(ii) subject to the penalties described 

6 in subsection (d); and 

7 ‘‘(iii) subject to an alternate order of 

8 removal if voluntary departure was granted 

9 under subsection (a)(2) or (b). 

10 ‘‘(B) EFFECT OF FILING TIMELY AP11 PEAL.—If, after agreeing to voluntary depar12 ture, the alien files a timely appeal of the immi13 gration judge’s decision granting voluntary de14 parture, the alien may pursue the appeal in15 stead of the voluntary departure agreement. 

16 Such appeal operates to void the alien’s vol17 untary departure agreement and the con18 sequences of such agreement, but precludes the 

19 alien from another grant of voluntary departure 

20 while the alien remains in the United States. 

21 ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF22 FECTED.—Except as expressly agreed to by the Sec23 retary in writing in the exercise of the Secretary’s 

24 discretion before the expiration of the period allowed 

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1 tion, petition, or petition for review shall affect, rein2 state, enjoin, delay, stay, or toll the alien’s obligation 

3 to depart from the United States during the period 

4 agreed to by the alien and the Secretary.’’; 

5 (4) by amending subsection (d) to read as fol6 lows: 

7 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

8 alien is permitted to voluntarily depart under this section 

9 and fails to voluntarily depart from the United States 

10 within the time period specified or otherwise violates the 

11 terms of a voluntary departure agreement, the alien will 

12 be subject to the following penalties: 

13 ‘‘(1) CIVIL PENALTY.—The alien shall be liable 

14 for a civil penalty of $3,000. The order allowing vol15 untary departure shall specify the amount of the 

16 penalty, which shall be acknowledged by the alien on 

17 the record. If the Secretary thereafter establishes 

18 that the alien failed to depart voluntarily within the 

19 time allowed, no further procedure will be necessary 

20 to establish the amount of the penalty, and the Sec21 retary may collect the civil penalty at any time 

22 thereafter and by whatever means provided by law. 

23 An alien will be ineligible for any benefits under this 

24 chapter until this civil penalty is paid. 


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1 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

2 shall be ineligible during the time the alien remains 

3 in the United States and for a period of 10 years 

4 after the alien’s departure for any further relief 

5 under this section and sections 240A, 245, 248, and 

6 249. The order permitting the alien to depart volun7 tarily shall inform the alien of the penalties under 

8 this subsection. 

9 ‘‘(3) REOPENING.—The alien shall be ineligible 

10 to reopen the final order of removal that took effect 

11 upon the alien’s failure to depart, or upon the alien’s 

12 other violations of the conditions for voluntary de13 parture, during the period described in paragraph 

14 (2). This paragraph does not preclude a motion to 

15 reopen to seek withholding of removal under section 

16 241(b)(3) or protection against torture, if the mo17 tion— 

18 ‘‘(A) presents material evidence of changed 

19 country conditions arising after the date of the 

20 order granting voluntary departure in the coun21 try to which the alien would be removed; and 

22 ‘‘(B) makes a sufficient showing to the sat23 isfaction of the Attorney General that the alien 

24 is otherwise eligible for such protection.’’; and 


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1 (5) by amending subsection (e) to read as fol2 lows: 

3 ‘‘(e) ELIGIBILITY.— 

4 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR5 TURE.—An alien shall not be permitted to volun6 tarily depart under this section if the Secretary of 

7 Homeland Security or the Attorney General pre8 viously permitted the alien to depart voluntarily. 

9 ‘‘(2) RULEMAKING.—The Secretary may pro10 mulgate regulations to limit eligibility or impose ad11 ditional conditions for voluntary departure under 

12 subsection (a)(1) for any class of aliens. The Sec13 retary or Attorney General may by regulation limit 

14 eligibility or impose additional conditions for vol15 untary departure under subsections (a)(2) or (b) of 

16 this section for any class or classes of aliens.’’; and 

17 (6) in subsection (f), by adding at the end the 

18 following: ‘‘Notwithstanding section 242(a)(2)(D) of 

19 this Act, sections 1361, 1651, and 2241 of title 28, 

20 United States Code, any other habeas corpus provi21 sion, and any other provision of law (statutory or 

22 nonstatutory), no court shall have jurisdiction to af23 fect, reinstate, enjoin, delay, stay, or toll the period 

24 allowed for voluntary departure under this section.’’. 


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1 (b) RULEMAKING.—The Secretary shall promulgate 

2 regulations to provide for the imposition and collection of 

3 penalties for failure to depart under section 240B(d) of 

4 the Immigration and Nationality Act (8 U.S.C. 1229c(d)). 

5 (c) EFFECTIVE DATES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the amendments made by this section 

8 shall apply with respect to all orders granting vol9 untary departure under section 240B of the Immi10 gration and Nationality Act (8 U.S.C. 1229c) made 

11 on or after the date that is 180 days after the enact12 ment of this Act. 

13 (2) EXCEPTION.—The amendment made by 

14 subsection (a)(6) shall take effect on the date of the 

15 enactment of this Act and shall apply with respect 

16 to any petition for review which is filed on or after 

17 such date. 

18 SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM 

19 REMAINING IN THE UNITED STATES UNLAW20 FULLY. 

21 (a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) (8 

22 U.S.C. 1182(a)(9)(A)) is amended— 

23 (1) in clause (i), by striking ‘‘seeks admission 

24 within 5 years of the date of such removal (or within 

25 20 years’’ and inserting ‘‘seeks admission not later 


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1 than 5 years after the date of the alien’s removal (or 

2 not later than 20 years after the alien’s removal’’; 

3 and 

4 (2) in clause (ii), by striking ‘‘seeks admission 

5 within 10 years of the date of such alien’s departure 

6 or removal (or within 20 years of’’ and inserting 

7 ‘‘seeks admission not later than 10 years after the 

8 date of the alien’s departure or removal (or not later 

9 than 20 years after’’. 

10 (b) BA R ON DISCRETIONARY RELIEF.—Section 274D 

11 (9 U.S.C. 324d) is amended— 

12 (1) in subsection (a), by striking ‘‘Commis13 sioner’’ and inserting ‘‘Secretary of Homeland Secu14 rity’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(c) INELIGIBILITY FOR RELIEF.— 

17 ‘‘(1) IN GENERAL.—Unless a timely motion to 

18 reopen is granted under section 240(c)(6), an alien 

19 described in subsection (a) shall be ineligible for any 

20 discretionary relief from removal (including cancella21 tion of removal and adjustment of status) during the 

22 time the alien remains in the United States and for 

23 a period of 10 years after the alien’s departure from 

24 the United States. 


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1 ‘‘(2) SAVINGS PROVISION.—Nothing in para2 graph (1) shall preclude a motion to reopen to seek 

3 withholding of removal under section 241(b)(3) or 

4 protection against torture, if the motion— 

5 ‘‘(A) presents material evidence of changed 

6 country conditions arising after the date of the 

7 final order of removal in the country to which 

8 the alien would be removed; and 

9 ‘‘(B) makes a sufficient showing to the sat10 isfaction of the Attorney General that the alien 

11 is otherwise eligible for such protection.’’. 

12 (c) EFFECTIVE DATES.—The amendments made by 

13 this section shall take effect on the date of the enactment 

14 of this Act with respect to aliens who are subject to a final 

15 order of removal, whether the removal order was entered 

16 before, on, or after such date. 

17 SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR 

18 THE POSSESSION OF FIREARMS BY CERTAIN 

19 ALIENS. 

20 Section 922 of title 18, United States Code, is 

21 amended— 

22 (1) in subsection (d)(5)— 

23 (A) in subparagraph (A), by striking ‘‘or’’ 

24 at the end; 


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1 (B) in subparagraph (B), by striking 

2 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

3 is in a nonimmigrant classification; or’’; and 

4 (C) by adding at the end the following: 

5 ‘‘(C) has been paroled into the United 

6 States under section 212(d)(5) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1182(d)(5));’’; and 

9 (2) in subsection (g)(5)— 

10 (A) in subparagraph (A), by striking ‘‘or’’ 

11 at the end; 

12 (B) in subparagraph (B), by striking 

13 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

14 is in a nonimmigrant classification; or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(C) has been paroled into the United 

17 States under section 212(d)(5) of the Immigra18 tion and Nationality Act (8 U.S.C. 

19 1182(d)(5));’’. 

20 (3) in subsection (y)— 

21 (A) in the header, by striking ‘‘ADMITTED

22 UNDER NONIMMIGRANT VISAS’’ and inserting 

23 ‘‘IN A NONIMMIGRANT CLASSIFICATION’’; 

24 (B) in paragraph (1), by amending sub25 paragraph (B) to read as follows: 


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1 ‘‘(B) the term ‘nonimmigrant classifica2 tion’ includes all classes of nonimmigrant aliens 

3 described in section 101(a)(15) of the Immigra4 tion and Nationality Act (8 U.S.C. 

5 1101(a)(15)), or otherwise described in the im6 migration laws (as defined in section 

7 101(a)(17) of such Act).’’; 

8 (C) in paragraph (2), by striking ‘‘has 

9 been lawfully admitted to the United States 

10 under a nonimmigrant visa’’ and inserting ‘‘is 

11 in a nonimmigrant classification’’; and 

12 (D) in paragraph (3)(A), by striking ‘‘Any 

13 individual who has been admitted to the United 

14 States under a nonimmigrant visa may receive 

15 a waiver from the requirements of subsection 

16 (g)(5)’’ and inserting ‘‘Any alien in a non17 immigrant classification may receive a waiver 

18 from the requirements of subsection (g)(5)(B)’’. 

19 SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CER20 TAIN IMMIGRATION, NATURALIZATION, AND 

21 PEONAGE OFFENSES. 

22 (a) IN GENERAL.—Section 3291 of title 18, United 

23 States Code, is amended to read as follows: 


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1 ‘‘§ 3291. Immigration, naturalization, and peonage of2 fenses 

3 ‘‘No person shall be prosecuted, tried, or punished 

4 for a violation of any section of chapters 69 (relating to 

5 nationality and citizenship offenses), 75 (relating to pass6 port, visa, and immigration offenses), or 77 (relating to 

7 peonage, slavery, and trafficking in persons), for an at8 tempt or conspiracy to violate any such section, for a viola9 tion of any criminal provision under section 243, 266, 274, 

10 275, 276, 277, or 278 of the Immigration and Nationality 

11 Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 

12 1328), or for an attempt or conspiracy to violate any such 

13 section, unless the indictment is returned or the informa14 tion filed not later than 10 years after the commission 

15 of the offense.’’. 

16 (b) CLERICAL AMENDMENT.—The table of sections 

17 for chapter 213 of title 18, United States Code, is amend18 ed by striking the item relating to section 3291 and insert19 ing the following: 

‘‘3291. Immigration, naturalization, and peonage offenses.’’. 

20 SEC. 215. DIPLOMATIC SECURITY SERVICE. 

21 Section 2709(a)(1) of title 22, United States Code, 

22 is amended to read as follows: 

23 ‘‘(1) conduct investigations concerning— 

24 ‘‘(A) illegal passport or visa issuance or 

25 use; 


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1 ‘‘(B) identity theft or document fraud af2 fecting or relating to the programs, functions, 

3 and authorities of the Department of State; 

4 ‘‘(C) violations of chapter 77 of title 18, 

5 United States Code; and 

6 ‘‘(D) Federal offenses committed within 

7 the special maritime and territorial jurisdiction 

8 of the United States (as defined in section 7(9) 

9 of title 18, United States Code);’’. 

10 SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND 

11 CHECKS. 

12 (a) IN GENERAL.—Section 103 (8 U.S.C. 1103) is 

13 amended— 

14 (1) by amending subsection (f) to read as fol15 lows: 

16 ‘‘(f) MINIMUM NUMBER OF AGENTS IN STATES.— 

17 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

18 Security shall allocate to each State— 

19 ‘‘(A) not fewer than 40 full-time active 

20 duty agents of the Bureau of Immigration and 

21 Customs Enforcement to— 

22 ‘‘(i) investigate immigration viola23 tions; and 

24 ‘‘(ii) ensure the departure of all re25 movable aliens; and 


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1 ‘‘(B) not fewer than 15 full-time active 

2 duty agents of the Bureau of Citizenship and 

3 Immigration Services to carry out immigration 

4 and naturalization adjudication functions. 

5 ‘‘(2) WAIVER.—The Secretary may waive the 

6 application of paragraph (1) for any State with a 

7 population of less than 2,000,000, as most recently 

8 reported by the Bureau of the Census’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(i) Notwithstanding any other provision of law, ap11 propriate background and security checks, as determined 

12 by the Secretary of Homeland Security, shall be completed 

13 and assessed and any suspected or alleged fraud relating 

14 to the granting of any status (including the granting of 

15 adjustment of status), relief, protection from removal, or 

16 other benefit under this Act shall be investigated and re17 solved before the Secretary or the Attorney General may— 

18 ‘‘(1) grant or order the grant of adjustment of 

19 status of an alien to that of an alien lawfully admit20 ted for permanent residence; 

21 ‘‘(2) grant or order the grant of any other sta22 tus, relief, protection from removal, or other benefit 

23 under the immigration laws; or 


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1 ‘‘(3) issue any documentation evidencing or re2 lated to such grant by the Secretary, the Attorney 

3 General, or any court.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a)(1) shall take effect on the date that is 90 

6 days after the date of the enactment of this Act. 

7 SEC. 217. DENIAL OF BENEFITS TO TERRORISTS AND 

8 CRIMINALS. 

9 (a) IN GENERAL.—Chapter 4 of title III (8 U.S.C. 

10 1501 et seq.) is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 362. CONSTRUCTION. 

13 ‘‘(a) IN GENERAL.—Nothing in this Act or in any 

14 other provision of law shall be construed to require the 

15 Secretary of Homeland Security, the Attorney General, 

16 the Secretary of State, the Secretary of Labor, or any 

17 other authorized head of any Federal agency to grant any 

18 application, approve any petition, or grant or continue any 

19 status or benefit under the immigration laws by, to, or 

20 on behalf of— 

21 ‘‘(1) any alien described in subparagraph (A)(i), 

22 (A)(iii), (B), or (F) of section 212(a)(3) or subpara23 graph (A)(i), (A)(iii), or (B) of section 237(a)(4); 

24 ‘‘(2) any alien with respect to whom a criminal 

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1 terial to the alien’s inadmissibility, deportability, or 

2 eligibility for the status or benefit sought; or 

3 ‘‘(3) any alien for whom all law enforcement 

4 checks, as deemed appropriate by such authorized 

5 official, have not been conducted and resolved. 

6 ‘‘(b) DENIAL; WITHHOLDING.—An official described 

7 in subsection (a) may deny or withhold (with respect to 

8 an alien described in subsection (a)(1)) or withhold pend9 ing resolution of the investigation, case, or law enforce10 ment checks (with respect to an alien described in para11 graph (2) or (3) of subsection (a)) any such application, 

12 petition, status, or benefit on such basis.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 is amended by inserting after the item relating to section 

15 361 the following: 

‘‘Sec. 362. Construction.’’. 

16 SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

17 (a) REIMBURSEMENT FOR COSTS ASSOCIATED WITH

18 PROCESSING CRIMINAL ILLEGAL ALIENS.—The Secretary 

19 of Homeland Security shall reimburse States and units of 

20 local government for costs associated with processing un21 documented criminal aliens through the criminal justice 

22 system, including— 

23 (1) indigent defense; 

24 (2) criminal prosecution; 

25 (3) autopsies; 


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1 (4) translators and interpreters; and 

2 (5) courts costs. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) PROCESSING CRIMINAL ILLEGAL ALIENS.— 

5 There are authorized to be appropriated 

6 $400,000,000 for each of the fiscal years 2007 

7 through 2012 to carry out subsection (a). 

8 (2) COMPENSATION UPON REQUEST.—Section 

9 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as 

10 follows: 

11 ‘‘(5) There are authorized to be appropriated to 

12 carry this subsection— 

13 ‘‘(A) such sums as may be necessary for 

14 fiscal year 2007; 

15 ‘‘(B) $750,000,000 for fiscal year 2008; 

16 ‘‘(C) $850,000,000 for fiscal year 2009; 

17 and 

18 ‘‘(D) $950,000,000 for each of the fiscal 

19 years 2010 through 2012.’’. 

20 (c) TECHNICAL AMENDMENT.—Section 501 of the 

21 Immigration Reform and Control Act of 1986 (8 U.S.C. 

22 1365) is amended by striking ‘‘Attorney General’’ each 

23 place it appears and inserting ‘‘Secretary of Homeland Se24 curity’’. 


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1 SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL 

2 ALIENS APPREHENDED BY STATE AND LOCAL 

3 LAW ENFORCEMENT OFFICERS. 

4 (a) IN GENERAL.—The Secretary of Homeland Secu5 rity shall provide sufficient transportation and officers to 

6 take illegal aliens apprehended by State and local law en7 forcement officers into custody for processing at a Depart8 ment of Homeland Security detention facility. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as necessary 

11 to carry out this section. 

12 SEC. 220. STATE AND LOCAL ENFORCEMENT OF FEDERAL 

13 IMMIGRATION LAWS. 

14 (a) IN GENERAL.—Section 287(g) (8 U.S.C. 

15 1357(g)) is amended— 

16 (1) in paragraph (2), by adding at the end the 

17 following: ‘‘If such training is provided by a State or 

18 political subdivision of a State to an officer or em19 ployee of such State or political subdivision of a 

20 State, the cost of such training (including applicable 

21 overtime costs) shall be reimbursed by the Secretary 

22 of Homeland Security.’’; and 

23 (2) in paragraph (4), by adding at the end the 

24 following: ‘‘The cost of any equipment required to be 

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1 section shall be reimbursed by the Secretary of 

2 Homeland Security.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

5 sums as may be necessary to carry out this section and 

6 the amendments made by this section. 

7 SEC. 221. REDUCING ILLEGAL IMMIGRATION AND ALIEN 

8 SMUGGLING ON TRIBAL LANDS. 

9 (a) GRANTS AUTHORIZED.—The Secretary may 

10 award grants to Indian tribes with lands adjacent to an 

11 international border of the United States that have been 

12 adversely affected by illegal immigration. 

13 (b) USE OF FUNDS.—Grants awarded under sub14 section (a) may be used for— 

15 (1) law enforcement activities; 

16 (2) health care services; 

17 (3) environmental restoration; and 

18 (4) the preservation of cultural resources. 

19 (c) REPORT.—Not later than 180 days after the date 

20 of the enactment of this Act, the Secretary shall submit 

21 a report to the Committee on the Judiciary of the Senate 

22 and the Committee on the Judiciary of the House of Rep23 resentatives that— 

24 (1) describes the level of access of Border Pa25 trol agents on tribal lands; 


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1 (2) describes the extent to which enforcement of 

2 immigration laws may be improved by enhanced ac3 cess to tribal lands; 

4 (3) contains a strategy for improving such ac5 cess through cooperation with tribal authorities; and 

6 (4) identifies grants provided by the Depart7 ment for Indian tribes, either directly or through 

8 State or local grants, relating to border security ex9 penses. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as may be 

12 necessary for each of the fiscal years 2007 through 2011 

13 to carry out this section. 

14 SEC. 222. ALTERNATIVES TO DETENTION. 

15 The Secretary shall conduct a study of— 

16 (1) the effectiveness of alternatives to detention, 

17 including electronic monitoring devices and intensive 

18 supervision programs, in ensuring alien appearance 

19 at court and compliance with removal orders; 

20 (2) the effectiveness of the Intensive Super21 vision Appearance Program and the costs and bene22 fits of expanding that program to all States; and 

23 (3) other alternatives to detention, including— 

24 (A) release on an order of recognizance; 

25 (B) appearance bonds; and 


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1 (C) electronic monitoring devices. 

2 SEC. 223. CONFORMING AMENDMENT. 

3 Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is 

4 amended— 

5 (1) by striking ‘‘(i) which either is falsely mak6 ing, forging, counterfeiting, mutilating, or altering a 

7 passport or instrument in violation of section 1543 

8 of title 18, United States Code, or is described in 

9 section 1546(a) of such title (relating to document 

10 fraud) and (ii)’’ and inserting ‘‘which is described in 

11 chapter 75 of title 18, United States Code, and’’; 

12 and 

13 (2) by inserting the following: ‘‘that is not de14 scribed in section 1548 of such title (relating to in15 creased penalties), and’’ after ‘‘first offense’’. 

16 SEC. 224. REPORTING REQUIREMENTS. 

17 (a) CLARIFYING ADDRESS REPORTING REQUIRE18 MENTS.—Section 265 (8 U.S.C. 1305) is amended— 

19 (1) in subsection (a)— 

20 (A) by striking ‘‘notify the Attorney Gen21 eral in writing’’ and inserting ‘‘submit written 

22 or electronic notification to the Secretary of 

23 Homeland Security, in a manner approved by 

24 the Secretary,’’; 


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1 (B) by striking ‘‘the Attorney General may 

2 require by regulation’’ and inserting ‘‘the Sec3 retary may require’’; and 

4 (C) by adding at the end the following: ‘‘If 

5 the alien is involved in proceedings before an 

6 immigration judge or in an administrative ap7 peal of such proceedings, the alien shall submit 

8 to the Attorney General the alien’s current ad9 dress and a telephone number, if any, at which 

10 the alien may be contacted.’’; 

11 (2) in subsection (b), by striking ‘‘Attorney 

12 General’’ each place such term appears and inserting 

13 ‘‘Secretary’’; 

14 (3) in subsection (c), by striking ‘‘given to such 

15 parent’’ and inserting ‘‘given by such parent’’; and 

16 (4) by inserting at the end the following: 

17 ‘‘(d) ADDRESS TO BE PROVIDED.— 

18 ‘‘(1) IN GENERAL.—Except as otherwise pro19 vided by the Secretary under paragraph (2), an ad20 dress provided by an alien under this section shall 

21 be the alien’s current residential mailing address, 

22 and shall not be a post office box or other non-resi23 dential mailing address or the address of an attor24 ney, representative, labor organization, or employer. 


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1 ‘‘(2) SPECIFIC REQUIREMENTS.—The Secretary 

2 may provide specific requirements with respect to— 

3 ‘‘(A) designated classes of aliens and spe4 cial circumstances, including aliens who are em5 ployed at a remote location; and 

6 ‘‘(B) the reporting of address information 

7 by aliens who are incarcerated in a Federal, 

8 State, or local correctional facility. 

9 ‘‘(3) DETENTION.—An alien who is being de10 tained by the Secretary under this Act is not re11 quired to report the alien’s current address under 

12 this section during the time the alien remains in de13 tention, but shall be required to notify the Secretary 

14 of the alien’s address under this section at the time 

15 of the alien’s release from detention. 

16 ‘‘(e) USE OF MOST RECENT ADDRESS PROVIDED BY

17 THE ALIEN.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding any other 

19 provision of law, the Secretary may provide for the 

20 appropriate coordination and cross referencing of 

21 address information provided by an alien under this 

22 section with other information relating to the alien’s 

23 address under other Federal programs, including— 

24 ‘‘(A) any information pertaining to the 

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1 tition, or motion filed under this Act with the 

2 Secretary of Homeland Security, the Secretary 

3 of State, or the Secretary of Labor; 

4 ‘‘(B) any information available to the At5 torney General with respect to an alien in a 

6 proceeding before an immigration judge or an 

7 administrative appeal or judicial review of such 

8 proceeding; 

9 ‘‘(C) any information collected with respect 

10 to nonimmigrant foreign students or exchange 

11 program participants under section 641 of the 

12 Illegal Immigration Reform and Immigrant Re13 sponsibility Act of 1996 (8 U.S.C. 1372); and 

14 ‘‘(D) any information collected from State 

15 or local correctional agencies pursuant to the 

16 State Criminal Alien Assistance Program. 

17 ‘‘(2) RELIANCE.—The Secretary may rely on 

18 the most recent address provided by the alien under 

19 this section or section 264 to send to the alien any 

20 notice, form, document, or other matter pertaining 

21 to Federal immigration laws, including service of a 

22 notice to appear. The Attorney General and the Sec23 retary may rely on the most recent address provided 

24 by the alien under section 239(a)(1)(F) to contact 

25 the alien about pending removal proceedings. 


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1 ‘‘(3) OBLIGATION.—The alien’s provision of an 

2 address for any other purpose under the Federal im3 migration laws does not excuse the alien’s obligation 

4 to submit timely notice of the alien’s address to the 

5 Secretary under this section (or to the Attorney 

6 General under section 239(a)(1)(F) with respect to 

7 an alien in a proceeding before an immigration judge 

8 or an administrative appeal of such proceeding).’’. 

9 (b) CONFORMING CHANGES WITH RESPECT TO REG10 ISTRATION REQUIREMENTS.—Chapter 7 of title II (8 

11 U.S.C. 1301 et seq.) is amended— 

12 (1) in section 262(c), by striking ‘‘Attorney 

13 General’’ and inserting ‘‘Secretary of Homeland Se14 curity’’; 

15 (2) in section 263(a), by striking ‘‘Attorney 

16 General’’ and inserting ‘‘Secretary of Homeland Se17 curity’’; and 

18 (3) in section 264— 

19 (A) in subsections (a), (b), (c), and (d), by 

20 striking ‘‘Attorney General’’ each place it ap21 pears and inserting ‘‘Secretary of Homeland 

22 Security’’; and 

23 (B) in subsection (f)— 

24 (i) by striking ‘‘Attorney General is 

25 authorized’’ and inserting ‘‘Secretary of 


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1 Homeland Security and Attorney General 

2 are authorized’’; and 

3 (ii) by striking ‘‘Attorney General or 

4 the Service’’ and inserting ‘‘Secretary or 

5 the Attorney General’’. 

6 (c) PENALTIES.—Section 266 (8 U.S.C. 1306) is 

7 amended— 

8 (1) by amending subsection (b) to read as fol9 lows: 

10 ‘‘(b) FAILURE TO PROVIDE NOTICE OF ALIEN’S

11 CURRENT ADDRESS.— 

12 ‘‘(1) CRIMINAL PENALTIES.—Any alien or any 

13 parent or legal guardian in the United States of any 

14 minor alien who fails to notify the Secretary of 

15 Homeland Security of the alien’s current address in 

16 accordance with section 265 shall be fined under 

17 title 18, United States Code, imprisoned for not 

18 more than 6 months, or both. 

19 ‘‘(2) EFFECT ON IMMIGRATION STATUS.—Any 

20 alien who violates section 265 (regardless of whether 

21 the alien is punished under paragraph (1)) and does 

22 not establish to the satisfaction of the Secretary that 

23 such failure was reasonably excusable or was not 

24 willful shall be taken into custody in connection with 

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1 spected or admitted, or if the alien has failed on 

2 more than 1 occasion to submit notice of the alien’s 

3 current address as required under section 265, the 

4 alien may be presumed to be a flight risk. The Sec5 retary or the Attorney General, in considering any 

6 form of relief from removal which may be granted 

7 in the discretion of the Secretary or the Attorney 

8 General, may take into consideration the alien’s fail9 ure to comply with section 265 as a separate nega10 tive factor. If the alien failed to comply with the re11 quirements of section 265 after becoming subject to 

12 a final order of removal, deportation, or exclusion, 

13 the alien’s failure shall be considered as a strongly 

14 negative factor with respect to any discretionary mo15 tion for reopening or reconsideration filed by the 

16 alien.’’; 

17 (2) in subsection (c), by inserting ‘‘or a notice 

18 of current address’’ before ‘‘containing statements’’; 

19 and 

20 (3) in subsections (c) and (d), by striking ‘‘At21 torney General’’ each place it appears and inserting 

22 ‘‘Secretary’’. 

23 (d) EFFECTIVE DATES.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), the amendments made by this section 


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1 shall apply to proceedings initiated on or after the 

2 date of the enactment of this Act. 

3 (2) CONFORMING AND TECHNICAL AMEND4 MENTS.—The amendments made by paragraphs 

5 (1)(A), (1)(B), (2) and (3) of subsection (a) are ef6 fective as if enacted on March 1, 2003. 

7 SEC. 225. MANDATORY DETENTION FOR ALIENS APPRE8 HENDED AT OR BETWEEN PORTS OF ENTRY. 

9 (a) IN GENERAL.—Beginning on October 1, 2006, an 

10 alien who is attempting to illegally enter the United States 

11 and who is apprehended at a United States port of entry 

12 or along the international land or maritime border of the 

13 United States shall be detained until removed or a final 

14 decision granting admission has been determined, unless 

15 the alien— 

16 (1) is permitted to withdraw an application for 

17 admission under section 235(a)(4) of the Immigra18 tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 

19 immediately departs from the United States pursu20 ant to such section; or 

21 (2) is paroled into the United States by the 

22 Secretary for urgent humanitarian reasons or sig23 nificant public benefit in accordance with section 

24 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 


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1 (b) REQUIREMENTS DURING INTERIM PERIOD.—Be2 ginning 60 days after the date of the enactment of this 

3 Act and before October 1, 2006, an alien described in sub4 section (a) may be released with a notice to appear only 

5 if— 

6 (1) the Secretary determines, after conducting 

7 all appropriate background and security checks on 

8 the alien, that the alien does not pose a national se9 curity risk; and 

10 (2) the alien provides a bond of not less than 

11 $5,000. 

12 (c) RULES OF CONSTRUCTION.— 

13 (1) ASYLUM AND REMOVAL.—Nothing in this 

14 section shall be construed as limiting the right of an 

15 alien to apply for asylum or for relief or deferral of 

16 removal based on a fear of persecution. 

17 (2) TREATMENT OF CERTAIN ALIENS.—The 

18 mandatory detention requirement in subsection (a) 

19 shall not apply to any alien who is a native or citizen 

20 of a country in the Western Hemisphere with whose 

21 government the United States does not have full dip22 lomatic relations. 

23 (3) DISCRETION.—Nothing in this section shall 

24 be construed as limiting the authority of the Sec25 retary, in the Secretary’s sole unreviewable discreVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00141 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 tion, to determine whether an alien described in 

2 clause (ii) of section 235(b)(1)(B) of the Immigra3 tion and Nationality Act shall be detained or re4 leased after a finding of a credible fear of persecu5 tion (as defined in clause (v) of such section). 

6 SEC. 226. REMOVAL OF DRUNK DRIVERS. 

7 (a) IN GENERAL.—Section 101(a)(43)(F) of the Im8 migration and Nationality Act (8 U.S.C. 1101(a)(43)(F)) 

9 is amended by inserting ‘‘, including a third drunk driving 

10 conviction, regardless of the States in which the convic11 tions occurred or whether the offenses are classified as 

12 misdemeanors or felonies under State or Federal law,’’ 

13 after ‘‘offense)’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall— 

16 (1) take effect on the date of the enactment of 

17 this Act; and 

18 (2) apply to convictions entered before, on, or 

19 after such date. 

20 SEC. 227. EXPEDITED REMOVAL. 

21 (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 

22 amended— 

23 (1) by striking the section heading and insert24 ing ‘‘EXPEDITED REMOVAL OF CRIMINAL ALIENS’’; 


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1 (2) in subsection (a), by striking the subsection 

2 heading and inserting: ‘‘EXPEDITED REMOVAL

3 FROM CORRECTIONAL FACILITIES.—’’; 

4 (3) in subsection (b), by striking the subsection 

5 heading and inserting: ‘‘REMOVAL OF CRIMINAL

6 ALIENS.—’’; 

7 (4) in subsection (b), by striking paragraphs 

8 (1) and (2) and inserting the following: 

9 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

10 Security may, in the case of an alien described in 

11 paragraph (2), determine the deportability of such 

12 alien and issue an order of removal pursuant to the 

13 procedures set forth in this subsection or section 

14 240. 

15 ‘‘(2) ALIENS DESCRIBED.—An alien is de16 scribed in this paragraph if the alien, whether or not 

17 admitted into the United States, was convicted of 

18 any criminal offense described in subparagraph 

19 (A)(iii), (C), or (D) of section 237(a)(2).’’; 

20 (5) in the subsection (c) that relates to pre21 sumption of deportability, by striking ‘‘convicted of 

22 an aggravated felony’’ and inserting ‘‘described in 

23 subsection (b)(2)’’; 

24 (6) by redesignating the subsection (c) that re25 lates to judicial removal as subsection (d); and 


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1 (7) in subsection (d)(5) (as so redesignated), by 

2 striking ‘‘, who is deportable under this Act,’’. 

3 (b) APPLICATION TO CERTAIN ALIENS.— 

4 (1) IN GENERAL.—Section 235(b)(1)(A)(iii) (8 

5 U.S.C. 1225(b)(1)(A)(iii)) is amended— 

6 (A) in subclause (I), by striking ‘‘Attorney 

7 General’’ and inserting ‘‘Secretary of Homeland 

8 Security’’ each place it appears; and 

9 (B) by adding at the end the following new 

10 subclause: 

11 ‘‘(III) EXCEPTION.—Notwith12 standing subclauses (I) and (II), the 

13 Secretary of Homeland Security shall 

14 apply clauses (i) and (ii) of this sub15 paragraph to any alien (other than an 

16 alien described in subparagraph (F)) 

17 who is not a national of a country 

18 contiguous to the United States, who 

19 has not been admitted or paroled into 

20 the United States, and who is appre21 hended within 100 miles of an inter22 national land border of the United 

23 States and within 14 days of entry.’’. 


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1 (2) EXCEPTIONS.—Section 235(b)(1)(F) of the 

2 Immigration and Nationality Act (8 U.S.C. 

3 1225(b)(1)(F)) is amended— 

4 (A) by striking ‘‘and who arrives by air5 craft at a port of entry’’ and inserting ‘‘and— 

6 ’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(i) who arrives by aircraft at a port 

9 of entry; or 

10 ‘‘(ii) who is present in the United 

11 States and arrived in any manner at or be12 tween a port of entry.’’. 

13 (c) LIMIT ON INJUNCTIVE RELIEF.—Section 

14 242(f)(2) (8 U.S.C. 1252(f)(2)) is amended by inserting 

15 ‘‘or stay, whether temporarily or otherwise,’’ after ‘‘en16 join’’. 

17 (d) EFFECTIVE DATE.—The amendments made by 

18 this section shall take effect on the date of the enactment 

19 of this Act and shall apply to all aliens apprehended or 

20 convicted on or after such date. 

21 SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED 

22 SEX OFFENDERS. 

23 (a) IMMIGRANTS.—Section 204(a)(1) (8 U.S.C. 

24 1154(a)(1)), is amended— 


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1 (1) in subparagraph (A)(i) by striking ‘‘Any’’ 

2 and inserting ‘‘Except as provided in clause (viii), 

3 any’’; 

4 (2) in subparagraph (A) by inserting after 

5 clause (vii) the following: 

6 ‘‘(viii) Clause (i) shall not apply to a citizen of the 

7 United States who has been convicted of an offense de8 scribed in section 101(a)(43)(A), section 101(a)(43)(I), or 

9 section 101(a)(43)(K), unless the Secretary of Homeland 

10 Security, in the Secretary’s sole and unreviewable discre11 tion, determines that the citizen poses no risk to the alien 

12 with respect to whom a petition described in clause (i) is 

13 filed.’’; and 

14 (3) in subparagraph (B)(i)— 

15 (A) by striking ‘‘Any alien’’ and inserting 

16 the following: ‘‘(I) Except as provided in sub17 clause (II), any alien’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(II) Subclause (I) shall not apply in the case of an 

20 alien admitted for permanent residence who has been con21 victed of an offense described in section 101(a)(43)(A), 

22 section 101(a)(43)(I), or section 101(a)(43)(K), unless 

23 the Secretary of Homeland Security, in the Secretary’s 

24 sole and unreviewable discretion, determines that the alien 

25 lawfully admitted for permanent residence poses no risk 


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1 to the alien with respect to whom a petition described in 

2 subclause (I) is filed.’’. 

3 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) (8 

4 U.S.C. 1101(a)(15)(K)), is amended by inserting ‘‘(other 

5 than a citizen described in section 204(a)(1)(A)(viii))’’ 

6 after ‘‘citizen of the United States’’ each place that phrase 

7 appears. 

8 SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND 

9 POLITICAL SUBDIVISIONS AND TRANSFER TO 

10 FEDERAL CUSTODY. 

11 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et seq.) 

12 is amended by adding after section 240C the following new 

13 section: 

14 ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES 

15 AND POLITICAL SUBDIVISIONS AND TRANS16 FER OF ALIENS TO FEDERAL CUSTODY. 

17 ‘‘(a) AUTHORITY.—Notwithstanding any other provi18 sion of law, law enforcement personnel of a State or a 

19 political subdivision of a State have the inherent authority 

20 of a sovereign entity to investigate, apprehend, arrest, de21 tain, or transfer to Federal custody (including the trans22 portation across State lines to detention centers) an alien 

23 for the purpose of assisting in the enforcement of the 

24 criminal provisions of the immigration laws of the United 

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1 forcement duties of such personnel. This State authority 

2 has never been displaced or preempted by a Federal law. 

3 ‘‘(b) CONSTRUCTION.—Nothing in this subsection 

4 shall be construed to require law enforcement personnel 

5 of a State or a political subdivision to assist in the enforce6 ment of the immigration laws of the United States. 

7 ‘‘(c) TRANSFER.—If the head of a law enforcement 

8 entity of a State (or, if appropriate, a political subdivision 

9 of the State) exercising authority with respect to the ap10 prehension or arrest of an alien submits a request to the 

11 Secretary of Homeland Security that the alien be taken 

12 into Federal custody, the Secretary of Homeland Secu13 rity— 

14 ‘‘(1) shall— 

15 ‘‘(A) deem the request to include the in16 quiry to verify immigration status described in 

17 section 642(c) of the Illegal Immigration Re18 form and Immigrant Responsibility Act of 1996 

19 (8 U.S.C. 1373(c)), and expeditiously inform 

20 the requesting entity whether such individual is 

21 an alien lawfully admitted to the United States 

22 or is otherwise lawfully present in the United 

23 States; and 

24 ‘‘(B) if the individual is an alien who is not 

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1 wise is not lawfully present in the United 

2 States, either— 

3 ‘‘(i) not later than 72 hours after the 

4 conclusion of the State charging process or 

5 dismissal process, or if no State charging 

6 or dismissal process is required, not later 

7 than 72 hours after the illegal alien is ap8 prehended, take the illegal alien into the 

9 custody of the Federal Government; or 

10 ‘‘(ii) request that the relevant State or 

11 local law enforcement agency temporarily 

12 detain or transport the alien to a location 

13 for transfer to Federal custody; and 

14 ‘‘(2) shall designate at least 1 Federal, State, 

15 or local prison or jail or a private contracted prison 

16 or detention facility within each State as the central 

17 facility for that State to transfer custody of aliens 

18 to the Department of Homeland Security. 

19 ‘‘(d) REIMBURSEMENT.— 

20 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

21 Security shall reimburse a State or a political sub22 division of a State for expenses, as verified by the 

23 Secretary of Homeland Security, incurred by the 

24 State or political subdivision in the detention and 


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1 transportation of an alien as described in subpara2 graphs (A) and (B) of subsection (c)(1). 

3 ‘‘(2) COST COMPUTATION.—Compensation pro4 vided for costs incurred under subparagraphs (A) 

5 and (B) of subsection (c)(1) shall be— 

6 ‘‘(A) the product of— 

7 ‘‘(i) the average daily cost of incarcer8 ation of a prisoner in the relevant State, as 

9 determined by the chief executive officer of 

10 a State (or, as appropriate, a political sub11 division of the State); multiplied by 

12 ‘‘(ii) the number of days that the alien 

13 was in the custody of the State or political 

14 subdivision; plus 

15 ‘‘(B) the cost of transporting the alien 

16 from the point of apprehension or arrest to the 

17 location of detention, and if the location of de18 tention and of custody transfer are different, to 

19 the custody transfer point; plus 

20 ‘‘(C) The cost of uncompensated emer21 gency medical care provided to a detained alien 

22 during the period between the time of trans23 mittal of the request described in subsection (c) 

24 and the time of transfer into Federal custody. 


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1 ‘‘(e) REQUIREMENT FOR APPROPRIATE SECURITY.— 

2 The Secretary of Homeland Security shall ensure that 

3 aliens incarcerated in a Federal facility pursuant to this 

4 subsection are held in facilities which provide an appro5 priate level of security, and that, where practicable, aliens 

6 detained solely for civil violations of Federal immigration 

7 law are separated within a facility or facilities. 

8 ‘‘(f) REQUIREMENT FOR SCHEDULE.—In carrying 

9 out this section, the Secretary of Homeland Security shall 

10 establish a regular circuit and schedule for the prompt 

11 transportation of apprehended aliens from the custody of 

12 those States and political subdivisions of States which rou13 tinely submit requests described in subsection (c) into 

14 Federal custody. 

15 ‘‘(g) AUTHORITY FOR CONTRACTS.— 

16 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

17 Security may enter into contracts or cooperative 

18 agreements with appropriate State and local law en19 forcement and detention agencies to implement this 

20 section. 

21 ‘‘(2) DETERMINATION BY SECRETARY.—Prior 

22 to entering into a contract or cooperative agreement 

23 with a State or political subdivision of a State under 

24 paragraph (1), the Secretary shall determine wheth25 er the State, or where appropriate, the political subVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 division in which the agencies are located has in 

2 place any formal or informal policy that violates sec3 tion 642 of the Illegal Immigration Reform and Im4 migrant Responsibility Act of 1996 (8 U.S.C. 1373). 

5 The Secretary shall not allocate any of the funds 

6 made available under this section to any State or po7 litical subdivision that has in place a policy that vio8 lates such section.’’. 

9 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

10 DETENTION AND TRANSPORTATION TO FEDERAL CUS11 TODY OF ALIENS NOT LAWFULLY PRESENT.—There are 

12 authorized to be appropriated $850,000,000 for fiscal year 

13 2007 and each subsequent fiscal year for the detention 

14 and removal of aliens not lawfully present in the United 

15 States under the Immigration and Nationality Act (8 

16 U.S.C. 1101 et seq.). 

17 SEC. 230. LISTING OF IMMIGRATION VIOLATORS IN THE NA18 TIONAL CRIME INFORMATION CENTER DATA19 BASE. 

20 (a) PROVISION OF INFORMATION TO THE NATIONAL

21 CRIME INFORMATION CENTER.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (3), not later than 180 days after the date of 

24 the enactment of this Act, the Secretary shall pro25 vide to the head of the National Crime Information 


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1 Center of the Department of Justice the information 

2 that the Secretary has or maintains related to any 

3 alien— 

4 (A) against whom a final order of removal 

5 has been issued; 

6 (B) who enters into a voluntary departure 

7 agreement, or is granted voluntary departure by 

8 an immigration judge, whose period for depar9 ture has expired under subsection (a)(3) of sec10 tion 240B of the Immigration and Nationality 

11 Act (8 U.S.C. 1229c) (as amended by section 

12 211(a)(1)(C)), subsection (b)(2) of such section 

13 240B, or who has violated a condition of a vol14 untary departure agreement under such section 

15 240B; 

16 (C) whom a Federal immigration officer 

17 has confirmed to be unlawfully present in the 

18 United States; or 

19 (D) whose visa has been revoked. 

20 (2) REMOVAL OF INFORMATION.—The head of 

21 the National Crime Information Center should 

22 promptly remove any information provided by the 

23 Secretary under paragraph (1) related to an alien 

24 who is granted lawful authority to enter or remain 

25 legally in the United States. 


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1 (3) PROCEDURE FOR REMOVAL OF ERRONEOUS

2 INFORMATION.—The Secretary, in consultation with 

3 the head of the National Crime Information Center 

4 of the Department of Justice, shall develop and im5 plement a procedure by which an alien may petition 

6 the Secretary or head of the National Crime Infor7 mation Center, as appropriate, to remove any erro8 neous information provided by the Secretary under 

9 paragraph (1) related to such alien. Under such pro10 cedures, failure by the alien to receive notice of a 

11 violation of the immigration laws shall not constitute 

12 cause for removing information provided by the Sec13 retary under paragraph (1) related to such alien, un14 less such information is erroneous. Notwithstanding 

15 the 180 time period set forth in paragraph (1), the 

16 Secretary shall not provide the information required 

17 under paragraph (1) until the procedures required 

18 by this paragraph are developed and implemented. 

19 (b) INCLUSION OF INFORMATION IN THE NATIONAL

20 CRIME INFORMATION CENTER DATABASE.—Section 

21 534(a) of title 28, United States Code, is amended— 

22 (1) in paragraph (3), by striking ‘‘and’’ at the 

23 end; 

24 (2) by redesignating paragraph (4) as para25 graph (5); and 


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1 (3) by inserting after paragraph (3) the fol2 lowing new paragraph: 

3 ‘‘(4) acquire, collect, classify, and preserve 

4 records of violations of the immigration laws of the 

5 United States; and’’. 

6 SEC. 231. LAUNDERING OF MONETARY INSTRUMENTS. 

7 Section 1956(c)(7)(D) of title 18, United States 

8 Code, is amended— 

9 (1) by inserting ‘‘section 1590 (relating to traf10 ficking with respect to peonage, slavery, involuntary 

11 servitude, or forced labor),’’ after ‘‘section 1363 (re12 lating to destruction of property within the special 

13 maritime and territorial jurisdiction),’’; and 

14 (2) by inserting ‘‘section 274(a) of the Immi15 gration and Nationality Act (8 U.S.C.1324(a)) (re16 lating to bringing in and harboring certain aliens),’’ 

17 after ‘‘section 590 of the Tariff Act of 1930 (19 

18 U.S.C. 1590) (relating to aviation smuggling),’’. 

19 SEC. 232. SEVERABILITY. 

20 If any provision of this title, any amendment made 

21 by this title, or the application of such provision or amend22 ment to any person or circumstance is held to be invalid 

23 for any reason, the remainder of this title, the amend24 ments made by this title, and the application of the proviVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 sions of such to any other person or circumstance shall 

2 not be affected by such holding. 

3 TITLE III—UNLAWFUL 

4 EMPLOYMENT OF ALIENS 

5 SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. 

6 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 

7 is amended to read as follows: 

8 ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. 

9 ‘‘(a) MAKING EMPLOYMENT OF UNAUTHORIZED

10 ALIENS UNLAWFUL.— 

11 ‘‘(1) IN GENERAL.—It is unlawful for an em12 ployer— 

13 ‘‘(A) to hire, or to recruit or refer for a 

14 fee, an alien for employment in the United 

15 States knowing, or with reason to know, that 

16 the alien is an unauthorized alien with respect 

17 to such employment; or 

18 ‘‘(B) to hire, or to recruit or refer for a 

19 fee, for employment in the United States an in20 dividual unless such employer meets the re21 quirements of subsections (c) and (d). 

22 ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw23 ful for an employer, after lawfully hiring an alien for 

24 employment, to continue to employ the alien in the 

25 United States knowing or with reason to know that 


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1 the alien is (or has become) an unauthorized alien 

2 with respect to such employment. 

3 ‘‘(3) USE OF LABOR THROUGH CONTRACT.—In 

4 this section, an employer who uses a contract, sub5 contract, or exchange, entered into, renegotiated, or 

6 extended after the date of the enactment of the Se7 curing America’s Borders Act, to obtain the labor of 

8 an alien in the United States knowing, or with rea9 son to know, that the alien is an unauthorized alien 

10 with respect to performing such labor, shall be con11 sidered to have hired the alien for employment in 

12 the United States in violation of paragraph (1)(A). 

13 ‘‘(4) REBUTTABLE PRESUMPTION OF UNLAW14 FUL HIRING.—If the Secretary determines that an 

15 employer has hired more than 10 unauthorized 

16 aliens during a calendar year, a rebuttable presump17 tion is created for the purpose of a civil enforcement 

18 proceeding, that the employer knew or had reason to 

19 know that such aliens were unauthorized. 

20 ‘‘(5) DEFENSE.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), an employer that establishes that 

23 the employer has complied in good faith with 

24 the requirements of subsections (c) and (d) has 

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1 ployer has not violated paragraph (1)(A) with 

2 respect to such hiring, recruiting, or referral. 

3 ‘‘(B) EXCEPTION.—Until the date that an 

4 employer is required to participate in the Elec5 tronic Employment Verification System under 

6 subsection (d) or is permitted to participate in 

7 such System on a voluntary basis, the employer 

8 may establish an affirmative defense under sub9 paragraph (A) without a showing of compliance 

10 with subsection (d). 

11 ‘‘(b) ORDER OF INTERNAL REVIEW AND CERTIFI12 CATION OF COMPLIANCE.— 

13 ‘‘(1) AUTHORITY TO REQUIRE CERTIFI14 CATION.—If the Secretary has reasonable cause to 

15 believe that an employer has failed to comply with 

16 this section, the Secretary is authorized, at any time, 

17 to require that the employer certify that the em18 ployer is in compliance with this section, or has in19 stituted a program to come into compliance. 

20 ‘‘(2) CONTENT OF CERTIFICATION.—Not later 

21 than 60 days after the date an employer receives a 

22 request for a certification under paragraph (1) the 

23 chief executive officer or similar official of the em24 ployer shall certify under penalty of perjury that— 


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1 ‘‘(A) the employer is in compliance with 

2 the requirements of subsections (c) and (d); or 

3 ‘‘(B) that the employer has instituted a 

4 program to come into compliance with such re5 quirements. 

6 ‘‘(3) EXTENSION.—The 60-day period referred 

7 to in paragraph (2), may be extended by the Sec8 retary for good cause, at the request of the em9 ployer. 

10 ‘‘(4) PUBLICATION.—The Secretary is author11 ized to publish in the Federal Register standards or 

12 methods for certification and for specific record 

13 keeping practices with respect to such certification, 

14 and procedures for the audit of any records related 

15 to such certification. 

16 ‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 

17 An employer hiring, or recruiting or referring for a fee, 

18 an individual for employment in the United States shall 

19 take all reasonable steps to verify that the individual is 

20 eligible for such employment. Such steps shall include 

21 meeting the requirements of subsection (d) and the fol22 lowing paragraphs: 

23 ‘‘(1) ATTESTATION BY EMPLOYER.— 

24 ‘‘(A) REQUIREMENTS.— 


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1 ‘‘(i) IN GENERAL.—The employer 

2 shall attest, under penalty of perjury and 

3 on a form prescribed by the Secretary, that 

4 the employer has verified the identity and 

5 eligibility for employment of the individual 

6 by examining— 

7 ‘‘(I) a document described in 

8 subparagraph (B); or 

9 ‘‘(II) a document described in 

10 subparagraph (C) and a document de11 scribed in subparagraph (D). 

12 ‘‘(ii) SIGNATURE REQUIREMENTS.— 

13 An attestation required by clause (i) may 

14 be manifested by a handwritten or elec15 tronic signature. 

16 ‘‘(iii) STANDARDS FOR EXAMINA17 TION.—An employer has complied with the 

18 requirement of this paragraph with respect 

19 to examination of documentation if, based 

20 on the totality of the circumstances, a rea21 sonable person would conclude that the 

22 document examined is genuine and estab23 lishes the individual’s identity and eligi24 bility for employment in the United States. 


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1 ‘‘(iv) REQUIREMENTS FOR EMPLOY2 MENT ELIGIBILITY SYSTEM PARTICI3 PANTS.—A participant in the Electronic 

4 Employment Verification System estab5 lished under subsection (d), regardless of 

6 whether such participation is voluntary or 

7 mandatory, shall be permitted to utilize 

8 any technology that is consistent with this 

9 section and with any regulation or guid10 ance from the Secretary to streamline the 

11 procedures to comply with the attestation 

12 requirement, and to comply with the em13 ployment eligibility verification require14 ments contained in this section. 

15 ‘‘(B) DOCUMENTS ESTABLISHING BOTH

16 EMPLOYMENT ELIGIBILITY AND IDENTITY.—A 

17 document described in this subparagraph is an 

18 individual’s— 

19 ‘‘(i) United States passport; or 

20 ‘‘(ii) permanent resident card or other 

21 document designated by the Secretary, if 

22 the document— 

23 ‘‘(I) contains a photograph of the 

24 individual and such other personal 

25 identifying information relating to the 


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1 individual that the Secretary pro2 scribes in regulations is sufficient for 

3 the purposes of this subparagraph; 

4 ‘‘(II) is evidence of eligibility for 

5 employment in the United States; and 

6 ‘‘(III) contains security features 

7 to make the document resistant to 

8 tampering, counterfeiting, and fraudu9 lent use. 

10 ‘‘(C) DOCUMENTS EVIDENCING EMPLOY11 MENT ELIGIBILITY.—A document described in 

12 this subparagraph is an individual’s— 

13 ‘‘(i) social security account number 

14 card issued by the Commissioner of Social 

15 Security (other than a card which specifies 

16 on its face that the issuance of the card 

17 does not authorize employment in the 

18 United States); or 

19 ‘‘(ii) any other documents evidencing 

20 eligibility of employment in the United 

21 States, if— 

22 ‘‘(I) the Secretary has published 

23 a notice in the Federal Register stat24 ing that such document is acceptable 


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1 for purposes of this subparagraph; 

2 and 

3 ‘‘(II) contains security features 

4 to make the document resistant to 

5 tampering, counterfeiting, and fraudu6 lent use. 

7 ‘‘(D) DOCUMENTS ESTABLISHING IDEN8 TITY OF INDIVIDUAL.—A document described in 

9 this subparagraph is an individual’s— 

10 ‘‘(i) driver’s license or identity card 

11 issued by a State, the Commonwealth of 

12 the Northern Mariana Islands, or an out13 lying possession of the United States that 

14 complies with the requirements of the 

15 REAL ID Act of 2005 (division B of Pub16 lic Law 109–13; 119 Stat. 302); 

17 ‘‘(ii) driver’s license or identity card 

18 issued by a State, the Commonwealth of 

19 the Northern Mariana Islands, or an out20 lying possession of the United States that 

21 is not in compliance with the requirements 

22 of the REAL ID Act of 2005, if the license 

23 or identity card— 


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1 ‘‘(I) is not required by the Sec2 retary to comply with such require3 ments; and 

4 ‘‘(II) contains the individual’s 

5 photograph or information, including 

6 the individual’s name, date of birth, 

7 gender, and address; and 

8 ‘‘(iii) identification card issued by a 

9 Federal agency or department, including a 

10 branch of the Armed Forces, or an agency, 

11 department, or entity of a State, or a Na12 tive American tribal document, provided 

13 that such card or document— 

14 ‘‘(I) contains the individual’s 

15 photograph or information including 

16 the individual’s name, date of birth, 

17 gender, eye color, and address; and 

18 ‘‘(II) contains security features 

19 to make the card resistant to tam20 pering, counterfeiting, and fraudulent 

21 use; or 

22 ‘‘(iv) in the case of an individual who 

23 is under 16 years of age who is unable to 

24 present a document described in clause (i), 


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1 (ii), or (iii) a document of personal identity 

2 of such other type that— 

3 ‘‘(I) the Secretary determines is 

4 a reliable means of identification; and 

5 ‘‘(II) contains security features 

6 to make the document resistant to 

7 tampering, counterfeiting, and fraudu8 lent use. 

9 ‘‘(E) AUTHORITY TO PROHIBIT USE OF

10 CERTAIN DOCUMENTS.— 

11 ‘‘(i) AUTHORITY.—If the Secretary 

12 finds that a document or class of docu13 ments described in subparagraph (B), (C), 

14 or (D) is not reliable to establish identity 

15 or eligibility for employment (as the case 

16 may be) or is being used fraudulently to an 

17 unacceptable degree, the Secretary is au18 thorized to prohibit, or impose conditions, 

19 on the use of such document or class of 

20 documents for purposes of this subsection. 

21 ‘‘(ii) REQUIREMENT FOR PUBLICA22 TION.—The Secretary shall publish notice 

23 of any findings under clause (i) in the Fed24 eral Register. 

25 ‘‘(2) ATTESTATION OF EMPLOYEE.— 


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1 ‘‘(A) REQUIREMENTS.— 

2 ‘‘(i) IN GENERAL.—The individual 

3 shall attest, under penalty of perjury on 

4 the form prescribed by the Secretary, that 

5 the individual is a national of the United 

6 States, an alien lawfully admitted for per7 manent residence, or an alien who is au8 thorized under this Act or by the Secretary 

9 to be hired, recruited or referred for a fee, 

10 in the United States. 

11 ‘‘(ii) SIGNATURE FOR EXAMINA12 TION.—An attestation required by clause 

13 (i) may be manifested by a handwritten or 

14 electronic signature. 

15 ‘‘(B) PENALTIES.—An individual who 

16 falsely represents that the individual is eligible 

17 for employment in the United States in an at18 testation required by subparagraph (A) shall, 

19 for each such violation, be subject to a fine of 

20 not more than $5,000, a term of imprisonment 

21 not to exceed 3 years, or both. 

22 ‘‘(3) RETENTION OF ATTESTATION.—An em23 ployer shall retain a paper, microfiche, microfilm, or 

24 electronic version of an attestation submitted under 

25 paragraph (1) or (2) for an individual and make 


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1 such attestations available for inspection by an offi2 cer of the Department of Homeland Security, any 

3 other person designated by the Secretary, the Spe4 cial Counsel for Immigration-Related Unfair Em5 ployment Practices of the Department of Justice, or 

6 the Secretary of Labor during a period beginning on 

7 the date of the hiring, or recruiting or referring for 

8 a fee, of the individual and ending— 

9 ‘‘(A) in the case of the recruiting or refer10 ral for a fee (without hiring) of an individual, 

11 7 years after the date of the recruiting or refer12 ral; or 

13 ‘‘(B) in the case of the hiring of an indi14 vidual the later of— 

15 ‘‘(i) 7 years after the date of such hir16 ing; 

17 ‘‘(ii) 1 year after the date the individ18 ual’s employment is terminated; or 

19 ‘‘(iii) in the case of an employer or 

20 class of employers, a period that is less 

21 than the applicable period described in 

22 clause (i) or (ii) if the Secretary reduces 

23 such period for such employer or class of 

24 employers. 


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1 ‘‘(4) DOCUMENT RETENTION AND RECORD

2 KEEPING REQUIREMENTS.— 

3 ‘‘(A) RETENTION OF DOCUMENTS.—An 

4 employer shall retain, for the applicable period 

5 described in paragraph (3), the following docu6 ments: 

7 ‘‘(i) IN GENERAL.—Notwithstanding 

8 any other provision of law, the employer 

9 shall copy all documents presented by an 

10 individual pursuant to this subsection and 

11 shall retain paper, microfiche, microfilm, 

12 or electronic copies of such documents. 

13 Such copies shall reflect the signature of 

14 the employer and the individual and the 

15 date of receipt of such documents. 

16 ‘‘(ii) USE OF RETAINED DOCU17 MENTS.—An employer shall use copies re18 tained under clause (i) only for the pur19 poses of complying with the requirements 

20 of this subsection, except as otherwise per21 mitted under law. 

22 ‘‘(B) RETENTION OF SOCIAL SECURITY

23 CORRESPONDENCE.—The employer shall main24 tain records related to an individual of any no25 match notice from the Commissioner of Social 


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1 Security regarding the individual’s name or cor2 responding social security account number and 

3 the steps taken to resolve each issue described 

4 in the no-match notice. 

5 ‘‘(C) RETENTION OF CLARIFICATION DOC6 UMENTS.—The employer shall maintain records 

7 of any actions and copies of any correspondence 

8 or action taken by the employer to clarify or re9 solve any issue that raises reasonable doubt as 

10 to the validity of the individual’s identity or eli11 gibility for employment in the United States. 

12 ‘‘(D) RETENTION OF OTHER RECORDS.— 

13 The Secretary may require that an employer re14 tain copies of additional records related to the 

15 individual for the purposes of this section. 

16 ‘‘(5) PENALTIES.—An employer that fails to 

17 comply with the requirement of this subsection shall 

18 be subject to the penalties described in subsection 

19 (e)(4)(B). 

20 ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI21 FICATION CARDS.—Nothing in this section may be 

22 construed to authorize, directly or indirectly, the 

23 issuance, use, or establishment of a national identi24 fication card. 


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1 ‘‘(d) ELECTRONIC EMPLOYMENT VERIFICATION SYS2 TEM.— 

3 ‘‘(1) REQUIREMENT FOR SYSTEM.—The Sec4 retary, in cooperation with the Commissioner of So5 cial Security, shall implement an Electronic Employ6 ment Verification System (referred to in this sub7 section as the ‘System’) as described in this sub8 section. 

9 ‘‘(2) MANAGEMENT OF SYSTEM.— 

10 ‘‘(A) IN GENERAL.—The Secretary shall, 

11 through the System— 

12 ‘‘(i) provide a response to an inquiry 

13 made by an employer through the Internet 

14 or other electronic media or over a tele15 phone line regarding an individual’s iden16 tity and eligibility for employment in the 

17 United States; 

18 ‘‘(ii) establish a set of codes to be pro19 vided through the System to verify such 

20 identity and authorization; and 

21 ‘‘(iii) maintain a record of each such 

22 inquiry and the information and codes pro23 vided in response to such inquiry. 

24 ‘‘(B) INITIAL RESPONSE.—Not later than 

25 3 days after an employer submits an inquire to 


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1 the System regarding an individual, the Sec2 retary shall provide, through the System, to the 

3 employer— 

4 ‘‘(i) if the System is able to confirm 

5 the individual’s identity and eligibility for 

6 employment in the United States, a con7 firmation notice, including the appropriate 

8 codes on such confirmation notice; or 

9 ‘‘(ii) if the System is unable to con10 firm the individual’s identity or eligibility 

11 for employment in the United States, a 

12 tentative nonconfirmation notice, including 

13 the appropriate codes for such noncon14 firmation notice. 

15 ‘‘(C) VERIFICATION PROCESS IN CASE OF A

16 TENTATIVE NONCONFIRMATION NOTICE.— 

17 ‘‘(i) IN GENERAL.—If a tentative non18 confirmation notice is issued under sub19 paragraph (B)(ii), not later than 10 days 

20 after the date an individual submits infor21 mation to contest such notice under para22 graph (7)(C)(ii)(III), the Secretary, 

23 through the System, shall issue a final con24 firmation notice or a final nonconfirmation 


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1 notice to the employer, including the ap2 propriate codes for such notice. 

3 ‘‘(ii) DEVELOPMENT OF PROCESS.— 

4 The Secretary shall consult with the Com5 missioner of Social Security to develop a 

6 verification process to be used to provide a 

7 final confirmation notice or a final noncon8 firmation notice under clause (i). 

9 ‘‘(D) DESIGN AND OPERATION OF SYS10 TEM.—The Secretary, in consultation with the 

11 Commissioner of Social Security, shall design 

12 and operate the System— 

13 ‘‘(i) to maximize reliability and ease of 

14 use by employers in a manner that pro15 tects and maintains the privacy and secu16 rity of the information maintained in the 

17 System; 

18 ‘‘(ii) to respond to each inquiry made 

19 by an employer; and 

20 ‘‘(iii) to track and record any occur21 rence when the System is unable to receive 

22 such an inquiry; 

23 ‘‘(iv) to include appropriate adminis24 trative, technical, and physical safeguards 


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1 to prevent unauthorized disclosure of per2 sonal information; 

3 ‘‘(v) to allow for monitoring of the use 

4 of the System and provide an audit capa5 bility; and 

6 ‘‘(vi) to have reasonable safeguards, 

7 developed in consultation with the Attorney 

8 General, to prevent employers from engag9 ing in unlawful discriminatory practices, 

10 based on national origin or citizenship sta11 tus. 

12 ‘‘(E) RESPONSIBILITIES OF THE COMMIS13 SIONER OF SOCIAL SECURITY.—The Commis14 sioner of Social Security shall establish a reli15 able, secure method to provide through the Sys16 tem, within the time periods required by sub17 paragraphs (B) and (C)— 

18 ‘‘(i) a determination of whether the 

19 name and social security account number 

20 provided in an inquiry by an employer 

21 match such information maintained by the 

22 Commissioner in order to confirm the va23 lidity of the information provided; 


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1 ‘‘(ii) a determination of whether such 

2 social security account number was issued 

3 to the named individual; 

4 ‘‘(iii) determination of whether such 

5 social security account number is valid for 

6 employment in the United States; and 

7 ‘‘(iv) a confirmation notice or a non8 confirmation notice under subparagraph 

9 (B) or (C), in a manner that ensures that 

10 other information maintained by the Com11 missioner is not disclosed or released to 

12 employers through the System. 

13 ‘‘(F) RESPONSIBILITIES OF THE SEC14 RETARY.—The Secretary shall establish a reli15 able, secure method to provide through the Sys16 tem, within the time periods required by sub17 paragraphs (B) and (C)— 

18 ‘‘(i) a determination of whether the 

19 name and alien identification or authoriza20 tion number provided in an inquiry by an 

21 employer match such information main22 tained by the Secretary in order to confirm 

23 the validity of the information provided; 


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1 ‘‘(ii) a determination of whether such 

2 number was issued to the named indi3 vidual; 

4 ‘‘(iii) a determination of whether the 

5 individual is authorized to be employed in 

6 the United States; and 

7 ‘‘(iv) any other related information 

8 that the Secretary may require. 

9 ‘‘(G) UPDATING INFORMATION.—The 

10 Commissioner of Social Security and the Sec11 retary shall update the information maintained 

12 in the System in a manner that promotes max13 imum accuracy and shall provide a process for 

14 the prompt correction of erroneous information. 

15 ‘‘(3) REQUIREMENTS FOR PARTICIPATION.— 

16 Except as provided in paragraphs (4) and (5), the 

17 Secretary shall require employers to participate in 

18 the System as follows: 

19 ‘‘(A) CRITICAL EMPLOYERS.— 

20 ‘‘(i) REQUIRED PARTICIPATION.—As 

21 of the date that is 180 days after the date 

22 of the enactment of the Securing America’s 

23 Borders Act, the Secretary shall require 

24 any employer or class of employers to par25 ticipate in the System, with respect to emVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00175 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 ployees hired by the employer prior to, on, 

2 or after such date of enactment, if the Sec3 retary determines, in the Secretary’s sole 

4 and unreviewable discretion, such employer 

5 or class of employer is— 

6 ‘‘(I) part of the critical infra7 structure of the United States; or 

8 ‘‘(II) directly related to the na9 tional security or homeland security of 

10 the United States. 

11 ‘‘(ii) DISCRETIONARY PARTICIPA12 TION.—As of the date that is 180 days 

13 after the date of the enactment of the Se14 curing America’s Borders Act, the Sec15 retary may require additional any employer 

16 or class of employers to participate in the 

17 System with respect to employees hired on 

18 or after such date if the Secretary des19 ignates such employer or class of employ20 ers, in the Secretary’s sole and 

21 unreviewable discretion, as a critical em22 ployer based on immigration enforcement 

23 or homeland security needs. 

24 ‘‘(B) LARGE EMPLOYERS.—Not later than 

25 2 years after the date of the enactment of the 


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1 Securing America’s Borders Act, Secretary 

2 shall require an employer with more than 5,000 

3 employees in the United States to participate in 

4 the System, with respect to all employees hired 

5 by the employer after the date the Secretary re6 quires such participation. 

7 ‘‘(C) MID-SIZED EMPLOYERS.—Not later 

8 than 3 years after the date of enactment of the 

9 Securing America’s Borders Act, the Secretary 

10 shall require an employer with less than 5,000 

11 employees and with more than 1,000 employees 

12 in the United States to participate in the Sys13 tem, with respect to all employees hired by the 

14 employer after the date the Secretary requires 

15 such participation. 

16 ‘‘(D) SMALL EMPLOYERS.—Not later than 

17 4 years after the date of the enactment of the 

18 Securing America’s Borders Act, the Secretary 

19 shall require all employers with less than 1,000 

20 employees and with more than 250 employees 

21 in the United States to participate in the Sys22 tem, with respect to all employees hired by the 

23 employer after the date the Secretary requires 

24 such participation. 


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1 ‘‘(E) REMAINING EMPLOYERS.—Not later 

2 than 5 years after the date of the enactment of 

3 the Securing America’s Borders Act, the Sec4 retary shall require all employers in the United 

5 States to participate in the System, with re6 spect to all employees hired by an employer 

7 after the date the Secretary requires such par8 ticipation. 

9 ‘‘(F) REQUIREMENT TO PUBLISH.—The 

10 Secretary shall publish in the Federal Register 

11 the requirements for participation in the Sys12 tem as described in subparagraphs (A), (B), 

13 (C), (D), and (E) prior to the effective date of 

14 such requirements. 

15 ‘‘(4) OTHER PARTICIPATION IN SYSTEM.—Not16 withstanding paragraph (3), the Secretary has the 

17 authority, in the Secretary’s sole and unreviewable 

18 discretion— 

19 ‘‘(A) to permit any employer that is not re20 quired to participate in the System under para21 graph (3) to participate in the System on a vol22 untary basis; and 

23 ‘‘(B) to require any employer that is re24 quired to participate in the System under para25 graph (3) with respect to newly hired employees 


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1 to participate in the System with respect to all 

2 employees hired by the employer prior to, on, or 

3 after the date of the enactment of the Securing 

4 America’s Borders Act, if the Secretary has 

5 reasonable causes to believe that the employer 

6 has engaged in violations of the immigration 

7 laws. 

8 ‘‘(5) WAIVER.—The Secretary is authorized to 

9 waive or delay the participation requirements of 

10 paragraph (3) respect to any employer or class of 

11 employers if the Secretary provides notice to Con12 gress of such waiver prior to the date such waiver 

13 is granted. 

14 ‘‘(6) CONSEQUENCE OF FAILURE TO PARTICI15 PATE.—If an employer is required to participate in 

16 the System and fails to comply with the require17 ments of the System with respect to an individual— 

18 ‘‘(A) such failure shall be treated as a vio19 lation of subsection (a)(1)(B) of this section 

20 with respect to such individual; and 

21 ‘‘(B) a rebuttable presumption is created 

22 that the employer has violated subsection 

23 (a)(1)(A) of this section, however such pre24 sumption may not apply to a prosecution under 

25 subsection (f)(1). 


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1 ‘‘(7) SYSTEM REQUIREMENTS.— 

2 ‘‘(A) IN GENERAL.—An employer that par3 ticipates in the System shall, with respect to the 

4 hiring, or recruiting or referring for a fee, any 

5 individual for employment in the United States, 

6 shall— 

7 ‘‘(i) obtain from the individual and 

8 record on the form designated by the Sec9 retary— 

10 ‘‘(I) the individual’s social secu11 rity account number; and 

12 ‘‘(II) in the case of an individual 

13 who does not attest that the indi14 vidual is a national of the United 

15 States under subsection (c)(2), such 

16 identification or authorization number 

17 that the Secretary shall require; and 

18 ‘‘(ii) retain the original of such form 

19 and make such form available for inspec20 tion for the periods and in the manner de21 scribed in subsection (c)(3). 

22 ‘‘(B) SEEKING VERIFICATION.—The em23 ployer shall submit an inquiry through the Sys24 tem to seek confirmation of the individual’s 


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1 identity and eligibility for employment in the 

2 United States— 

3 ‘‘(i) not later than 3 working days (or 

4 such other reasonable time as may be spec5 ified by the Secretary of Homeland Secu6 rity) after the date of the hiring, or re7 cruiting or referring for a fee, of the indi8 vidual (as the case may be); or 

9 ‘‘(ii) in the case of an employee hired 

10 prior to the date of enactment of the Se11 curing America’s Borders Act, at such 

12 time as the Secretary shall specify. 

13 ‘‘(C) CONFIRMATION OR NONCONFIRMA14 TION.— 

15 ‘‘(i) CONFIRMATION UPON INITIAL IN16 QUIRY.—If an employer receives a con17 firmation notice under paragraph (2)(B)(i) 

18 for an individual, the employer shall 

19 record, on the form specified by the Sec20 retary, the appropriate code provided in 

21 such notice. 

22 ‘‘(ii) NONCONFIRMATION AND

23 VERIFICATION.— 

24 ‘‘(I) NONCONFIRMATION.—If an 

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1 firmation notice under paragraph 

2 (2)(B)(ii) for an individual, the em3 ployer shall inform such individual of 

4 the issuances of such notice in writing 

5 and the individual may contest such 

6 nonconfirmation notice. 

7 ‘‘(II) NO CONTEST.—If the indi8 vidual does not contest the tentative 

9 nonconfirmation notice under sub10 clause (I) within 10 days of receiving 

11 notice from the individual’s employer, 

12 the notice shall become final and the 

13 employer shall record on the form 

14 specified by the Secretary, the appro15 priate code provided in the noncon16 firmation notice. 

17 ‘‘(III) CONTEST.—If the indi18 vidual contests the tentative noncon19 firmation notice under subclause (I), 

20 the individual shall submit appro21 priate information to contest such no22 tice to the System within 10 days of 

23 receiving notice from the individual’s 

24 employer and shall utilize the 


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1 verification process developed under 

2 paragraph (2)(C)(ii). 

3 ‘‘(IV) EFFECTIVE PERIOD OF

4 TENTATIVE NONCONFIRMATION.—A 

5 tentative nonconfirmation notice shall 

6 remain in effect until a final such no7 tice becomes final under clause (II) or 

8 a final confirmation notice or final 

9 nonconfirmation notice is issued by 

10 the System. 

11 ‘‘(V) PROHIBITION ON TERMI12 NATION.—An employer may not ter13 minate the employment of an indi14 vidual based on a tentative noncon15 firmation notice until such notice be16 comes final under clause (II) or a 

17 final nonconfirmation notice is issued 

18 for the individual by the System. 

19 Nothing in this clause shall apply to a 

20 termination of employment for any 

21 reason other than because of such a 

22 failure. 

23 ‘‘(VI) RECORDING OF CONCLU24 SION ON FORM.—If a final confirma25 tion or nonconfirmation is provided by 


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1 the System regarding an individual, 

2 the employer shall record on the form 

3 designated by the Secretary the ap4 propriate code that is provided under 

5 the System to indicate a confirmation 

6 or nonconfirmation of the identity and 

7 employment eligibility of the indi8 vidual. 

9 ‘‘(D) CONSEQUENCES OF NONCONFIRMA10 TION.— 

11 ‘‘(i) TERMINATION OF CONTINUED

12 EMPLOYMENT.—If the employer has re13 ceived a final nonconfirmation regarding 

14 an individual, the employer shall terminate 

15 the employment, recruitment, or referral of 

16 the individual. Such employer shall provide 

17 to the Secretary any information relating 

18 to the nonconfirmed individual that the 

19 Secretary determines would assist the Sec20 retary in enforcing or administering the 

21 immigration laws. If the employer con22 tinues to employ, recruit, or refer the indi23 vidual after receiving final nonconfirma24 tion, a rebuttable presumption is created 

25 that the employer has violated subsections 


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1 (a)(1)(A) and (a)(2). Such presumption 

2 may not apply to a prosecution under sub3 section (f)(1). 

4 ‘‘(8) PROTECTION FROM LIABILITY.—No em5 ployer that participates in the System shall be liable 

6 under any law for any employment-related action 

7 taken with respect to an individual in good faith reli8 ance on information provided by the System. 

9 ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— 

10 Notwithstanding any other provision of law, nothing 

11 in this subsection shall be construed to permit or 

12 allow any department, bureau, or other agency of 

13 the United States to utilize any information, data14 base, or other records used in the System for any 

15 purpose other than as provided for under this sub16 section. 

17 ‘‘(10) MODIFICATION AUTHORITY.—The Sec18 retary, after notice is submitted to Congress and 

19 provided to the public in the Federal Register, is au20 thorized to modify the requirements of this sub21 section, including requirements with respect to com22 pletion of forms, method of storage, attestations, 

23 copying of documents, signatures, methods of trans24 mitting information, and other operational and techVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 nical aspects to improve the efficiency, accuracy, and 

2 security of the System. 

3 ‘‘(11) FEES.—The Secretary is authorized to 

4 require any employer participating in the System to 

5 pay a fee or fees for such participation. The fees 

6 may be set at a level that will recover the full cost 

7 of providing the System to all participants. The fees 

8 shall be deposited and remain available as provided 

9 in subsection (m) and (n) of section 286 and the 

10 System is providing an immigration adjudication 

11 and naturalization service for purposes of section 

12 286(n). 

13 ‘‘(12) REPORT.—Not later than 1 year after 

14 the date of the enactment of the Securing America’s 

15 Borders Act, the Secretary shall submit to Congress 

16 a report on the capacity, systems integrity, and ac17 curacy of the System. 

18 ‘‘(e) COMPLIANCE.— 

19 ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 

20 Secretary shall establish procedures— 

21 ‘‘(A) for individuals and entities to file 

22 complaints regarding potential violations of sub23 section (a); 


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1 ‘‘(B) for the investigation of those com2 plaints that the Secretary deems it appropriate 

3 to investigate; and 

4 ‘‘(C) for the investigation of such other 

5 violations of subsection (a), as the Secretary de6 termines are appropriate. 

7 ‘‘(2) AUTHORITY IN INVESTIGATIONS.— 

8 ‘‘(A) IN GENERAL.—In conducting inves9 tigations and hearings under this subsection, of10 ficers and employees of the Department of 

11 Homeland Security— 

12 ‘‘(i) shall have reasonable access to 

13 examine evidence of any employer being in14 vestigated; and 

15 ‘‘(ii) if designated by the Secretary of 

16 Homeland Security, may compel by sub17 poena the attendance of witnesses and the 

18 production of evidence at any designated 

19 place in an investigation or case under this 

20 subsection. 

21 ‘‘(B) FAILURE TO COOPERATE.—In case of 

22 refusal to obey a subpoena lawfully issued 

23 under subparagraph (A)(ii), the Secretary may 

24 request that the Attorney General apply in an 

25 appropriate district court of the United States 


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1 for an order requiring compliance with such 

2 subpoena, and any failure to obey such order 

3 may be punished by such court as contempt. 

4 ‘‘(C) DEPARTMENT OF LABOR.—The Sec5 retary of Labor shall have the investigative au6 thority provided under section 11(a) of the Fair 

7 Labor Standards Act of 1938 (29 U.S.C. 

8 211(a)) to ensure compliance with the provi9 sions of this title, or any regulation or order 

10 issued under this title. 

11 ‘‘(3) COMPLIANCE PROCEDURES.— 

12 ‘‘(A) PRE-PENALTY NOTICE.—If the Sec13 retary has reasonable cause to believe that 

14 there has been a violation of a requirement of 

15 this section and determines that further pro16 ceedings related to such violation are war17 ranted, the Secretary shall issue to the em18 ployer concerned a written notice of the Sec19 retary’s intention to issue a claim for a fine or 

20 other penalty. Such notice shall— 

21 ‘‘(i) describe the violation; 

22 ‘‘(ii) specify the laws and regulations 

23 allegedly violated; 

24 ‘‘(iii) disclose the material facts which 

25 establish the alleged violation; and 


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1 ‘‘(iv) inform such employer that the 

2 employer shall have a reasonable oppor3 tunity to make representations as to why a 

4 claim for a monetary or other penalty 

5 should not be imposed. 

6 ‘‘(B) REMISSION OR MITIGATION OF PEN7 ALTIES.— 

8 ‘‘(i) PETITION BY EMPLOYER.—When9 ever any employer receives written notice 

10 of a fine or other penalty in accordance 

11 with subparagraph (A), the employer may 

12 file within 30 days from receipt of such no13 tice, with the Secretary a petition for the 

14 remission or mitigation of such fine or 

15 penalty, or a petition for termination of 

16 the proceedings. The petition may include 

17 any relevant evidence or proffer of evidence 

18 the employer wishes to present, and shall 

19 be filed and considered in accordance with 

20 procedures to be established by the Sec21 retary. 

22 ‘‘(ii) REVIEW BY SECRETARY.—If the 

23 Secretary finds that such fine or other 

24 penalty was incurred erroneously, or finds 

25 the existence of such mitigating cirVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 cumstances as to justify the remission or 

2 mitigation of such fine or penalty, the Sec3 retary may remit or mitigate such fine or 

4 other penalty on the terms and conditions 

5 as the Secretary determines are reasonable 

6 and just, or order termination of any pro7 ceedings related to the notice. Such miti8 gating circumstances may include good 

9 faith compliance and participation in, or 

10 agreement to participate in, the System, if 

11 not otherwise required. 

12 ‘‘(iii) APPLICABILITY.—This subpara13 graph may not apply to an employer that 

14 has or is engaged in a pattern or practice 

15 of violations of paragraph (1)(A), (1)(B), 

16 or (2) of subsection (a) or of any other re17 quirements of this section. 

18 ‘‘(C) PENALTY CLAIM.—After considering 

19 evidence and representations offered by the em20 ployer pursuant to subparagraph (B), the Sec21 retary shall determine whether there was a vio22 lation and promptly issue a written final deter23 mination setting forth the findings of fact and 

24 conclusions of law on which the determination 

25 is based and the appropriate penalty. 


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1 ‘‘(4) CIVIL PENALTIES.— 

2 ‘‘(A) HIRING OR CONTINUING TO EMPLOY

3 UNAUTHORIZED ALIENS.—Any employer that 

4 violates any provision of paragraph (1)(A) or 

5 (2) of subsection (a) shall pay civil penalties as 

6 follows: 

7 ‘‘(i) Pay a civil penalty of not less 

8 than $500 and not more than $4,000 for 

9 each unauthorized alien with respect to 

10 each such violation. 

11 ‘‘(ii) If the employer has previously 

12 been fined 1 time under this subparagraph, 

13 pay a civil penalty of not less than $4,000 

14 and not more than $10,000 for each unau15 thorized alien with respect to each such 

16 violation. 

17 ‘‘(iii) If the employer has previously 

18 been fined more than 1 time under this 

19 subparagraph or has failed to comply with 

20 a previously issued and final order related 

21 to any such provision, pay a civil penalty 

22 of not less than $6,000 and not more than 

23 $20,000 for each unauthorized alien with 

24 respect to each such violation. 


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1 ‘‘(B) RECORD KEEPING OR VERIFICATION

2 PRACTICES.—Any employer that violates or fails 

3 to comply with the requirements of the sub4 section (b), (c), and (d), shall pay a civil pen5 alty as follows: 

6 ‘‘(i) Pay a civil penalty of not less 

7 than $200 and not more than $2,000 for 

8 each such violation. 

9 ‘‘(ii) If the employer has previously 

10 been fined 1 time under this subparagraph, 

11 pay a civil penalty of not less than $400 

12 and not more than $4,000 for each such 

13 violation. 

14 ‘‘(iii) If the employer has previously 

15 been fined more than 1 time under this 

16 subparagraph or has failed to comply with 

17 a previously issued and final order related 

18 to such requirements, pay a civil penalty of 

19 $6,000 for each such violation. 

20 ‘‘(C) OTHER PENALTIES.—Notwith21 standing subparagraphs (A) and (B), the Sec22 retary may impose additional penalties for vio23 lations, including cease and desist orders, spe24 cially designed compliance plans to prevent fur25 ther violations, suspended fines to take effect in 


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1 the event of a further violation, and in appro2 priate cases, the civil penalty described in sub3 section (g)(2). 

4 ‘‘(D) REDUCTION OF PENALTIES.—Not5 withstanding subparagraphs (A), (B), and (C), 

6 the Secretary is authorized to reduce or miti7 gate penalties imposed upon employers, based 

8 upon factors including the employer’s hiring 

9 volume, compliance history, good-faith imple10 mentation of a compliance program, participa11 tion in a temporary worker program, and vol12 untary disclosure of violations of this subsection 

13 to the Secretary. 

14 ‘‘(E) ADJUSTMENT FOR INFLATION.—All 

15 penalties in this section may be adjusted every 

16 4 years to account for inflation, as provided by 

17 law. 

18 ‘‘(5) JUDICIAL REVIEW.—An employer ad19 versely affected by a final determination may, within 

20 45 days after the date the final determination is 

21 issued, file a petition in the Court of Appeals for the 

22 appropriate circuit for review of the order. The filing 

23 of a petition as provided in this paragraph shall stay 

24 the Secretary’s determination until entry of judg25 ment by the court. The burden shall be on the emVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00193 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 ployer to show that the final determination was not 

2 supported by substantial evidence. The Secretary is 

3 authorized to require that the petitioner provide, 

4 prior to filing for review, security for payment of 

5 fines and penalties through bond or other guarantee 

6 of payment acceptable to the Secretary. 

7 ‘‘(6) ENFORCEMENT OF ORDERS.—If an em8 ployer fails to comply with a final determination 

9 issued against that employer under this subsection, 

10 and the final determination is not subject to review 

11 as provided in paragraph (5), the Attorney General 

12 may file suit to enforce compliance with the final de13 termination in any appropriate district court of the 

14 United States. In any such suit, the validity and ap15 propriateness of the final determination shall not be 

16 subject to review. 

17 ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS FOR

18 PATTERN OR PRACTICE VIOLATIONS.— 

19 ‘‘(1) CRIMINAL PENALTY.—An employer that 

20 engages in a pattern or practice of knowing viola21 tions of subsection (a)(1)(A) or (a)(2) shall be fined 

22 not more than $20,000 for each unauthorized alien 

23 with respect to whom such a violation occurs, im24 prisoned for not more than 6 months for the entire 

25 pattern or practice, or both. 


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1 ‘‘(2) ENJOINING OF PATTERN OR PRACTICE

2 VIOLATIONS.—If the Secretary or the Attorney Gen3 eral has reasonable cause to believe that an employer 

4 is engaged in a pattern or practice of employment, 

5 recruitment, or referral in violation of paragraph 

6 (1)(A) or (2) of subsection (a), the Attorney General 

7 may bring a civil action in the appropriate district 

8 court of the United States requesting such relief, in9 cluding a permanent or temporary injunction, re10 straining order, or other order against the employer, 

11 as the Secretary deems necessary. 

12 ‘‘(g) PROHIBITION OF INDEMNITY BONDS.— 

13 ‘‘(1) PROHIBITION.—It is unlawful for an em14 ployer, in the hiring, recruiting, or referring for a 

15 fee, of an individual, to require the individual to post 

16 a bond or security, to pay or agree to pay an 

17 amount, or otherwise to provide a financial guar18 antee or indemnity, against any potential liability 

19 arising under this section relating to such hiring, re20 cruiting, or referring of the individual. 

21 ‘‘(2) CIVIL PENALTY.—Any employer which is 

22 determined, after notice and opportunity for mitiga23 tion of the monetary penalty under subsection (e), to 

24 have violated paragraph (1) of this subsection shall 

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1 lation and to an administrative order requiring the 

2 return of any amounts received in violation of such 

3 paragraph to the employee or, if the employee can4 not be located, to the Employer Compliance Fund 

5 established under section 286(w). 

6 ‘‘(h) PROHIBITION ON AWARD OF GOVERNMENT

7 CONTRACTS, GRANTS, AND AGREEMENTS.— 

8 ‘‘(1) EMPLOYERS WITH NO CONTRACTS, 

9 GRANTS OR AGREEMENTS.— 

10 ‘‘(A) IN GENERAL.—If an employer who 

11 does not hold a Federal contract, grant, or co12 operative agreement is determined by the Sec13 retary to be a repeat violator of this section or 

14 is convicted of a crime under this section, the 

15 employer shall be debarred from the receipt of 

16 a Federal contract, grant, or cooperative agree17 ment for a period of 2 years. The Secretary or 

18 the Attorney General shall advise the Adminis19 trator of General Services of such a debarment, 

20 and the Administrator of General Services shall 

21 list the employer on the List of Parties Ex22 cluded from Federal Procurement and Non23 procurement Programs for a period of 2 years. 

24 ‘‘(B) WAIVER.—The Administrator of Gen25 eral Services, in consultation with the Secretary 


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1 and the Attorney General, may waive operation 

2 of this subsection or may limit the duration or 

3 scope of the debarment. 

4 ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, 

5 OR AGREEMENTS.— 

6 ‘‘(A) IN GENERAL.—An employer who 

7 holds a Federal contract, grant, or cooperative 

8 agreement and is determined by the Secretary 

9 of Homeland Secretary to be a repeat violator 

10 of this section or is convicted of a crime under 

11 this section, shall be debarred from the receipt 

12 of Federal contracts, grants, or cooperative 

13 agreements for a period of 2 years. 

14 ‘‘(B) NOTICE TO AGENCIES.—Prior to de15 barring the employer under subparagraph (A), 

16 the Secretary, in cooperation with the Adminis17 trator of General Services, shall advise any 

18 agency or department holding a contract, grant, 

19 or cooperative agreement with the employer of 

20 the Government’s intention to debar the em21 ployer from the receipt of new Federal con22 tracts, grants, or cooperative agreements for a 

23 period of 2 years. 

24 ‘‘(C) WAIVER.—After consideration of the 

25 views of any agency or department that holds 


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1 a contract, grant, or cooperative agreement 

2 with the employer, the Secretary may, in lieu of 

3 debarring the employer from the receipt of new 

4 Federal contracts, grants, or cooperative agree5 ments for a period of 2 years, waive operation 

6 of this subsection, limit the duration or scope of 

7 the debarment, or may refer to an appropriate 

8 lead agency the decision of whether to debar the 

9 employer, for what duration, and under what 

10 scope in accordance with the procedures and 

11 standards prescribed by the Federal Acquisition 

12 Regulation. However, any proposed debarment 

13 predicated on an administrative determination 

14 of liability for civil penalty by the Secretary or 

15 the Attorney General shall not be reviewable in 

16 any debarment proceeding. The decision of 

17 whether to debar or take alternation shall not 

18 be judicially reviewed. 

19 ‘‘(3) SUSPENSION.—Indictments for violations 

20 of this section or adequate evidence of actions that 

21 could form the basis for debarment under this sub22 section shall be considered a cause for suspension 

23 under the procedures and standards for suspension 

24 prescribed by the Federal Acquisition Regulation. 

25 ‘‘(i) MISCELLANEOUS PROVISIONS.— 


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1 ‘‘(1) DOCUMENTATION.—In providing docu2 mentation or endorsement of authorization of aliens 

3 (other than aliens lawfully admitted for permanent 

4 residence) eligible to be employed in the United 

5 States, the Secretary shall provide that any limita6 tions with respect to the period or type of employ7 ment or employer shall be conspicuously stated on 

8 the documentation or endorsement. 

9 ‘‘(2) PREEMPTION.—The provisions of this sec10 tion preempt any State or local law— 

11 ‘‘(A) imposing civil or criminal sanctions 

12 (other than through licensing and similar laws) 

13 upon those who employ, or recruit or refer for 

14 a fee for employment, unauthorized aliens; or 

15 ‘‘(B) requiring as a condition of con16 ducting, continuing, or expanding a business 

17 that a business entity— 

18 ‘‘(i) provide, build, fund, or maintain 

19 a shelter, structure, or designated area for 

20 use by day laborers at or near its place of 

21 business; or 

22 ‘‘(ii) take other steps that facilitate 

23 the employment of day laborers by others. 

24 ‘‘(j) DEPOSIT OF AMOUNTS RECEIVED.—Except as 

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1 tion shall be deposited by the Secretary into the Employer 

2 Compliance Fund established under section 286(w). 

3 ‘‘(k) DEFINITIONS.—In this section: 

4 ‘‘(1) EMPLOYER.—The term ‘employer’ means 

5 any person or entity, including any entity of the 

6 Government of the United States, hiring, recruiting, 

7 or referring an individual for employment in the 

8 United States. 

9 ‘‘(2) NO-MATCH NOTICE.—The term ‘no-match 

10 notice’ means written notice from the Commissioner 

11 of Social Security to an employer reporting earnings 

12 on a Form W–2 that an employee name or cor13 responding social security account number fail to 

14 match records maintained by the Commissioner. 

15 ‘‘(3) SECRETARY.—Except as otherwise pro16 vided, the term ‘Secretary’ means the Secretary of 

17 Homeland Security. 

18 ‘‘(4) UNAUTHORIZED ALIEN.—The term ‘unau19 thorized alien’ means, with respect to the employ20 ment of an alien at a particular time, that the alien 

21 is not at that time either— 

22 ‘‘(A) an alien lawfully admitted for perma23 nent residence; or 

24 ‘‘(B) authorized to be so employed by this 

25 Act or by the Secretary.’’. 


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1 (b) CONFORMING AMENDMENT.— 

2 (1) AMENDMENT.—Sections 401, 402, 403, 

3 404, and 405 of the Illegal Immigration Reform and 

4 Immigrant Responsibility Act of 1996 (division C of 

5 Public Law 104–208; 8 U.S.C. 1324a) are repealed. 

6 (2) CONSTRUCTION.—Nothing in this sub7 section or in subsection (d) of section 274A, as 

8 amended by subsection (a), may be construed to 

9 limit the authority of the Secretary to allow or con10 tinue to allow the participation of employers who 

11 participated in the basic pilot program under such 

12 sections 401, 402, 403, 404, and 405 in the Elec13 tronic Employment Verification System established 

14 pursuant to such subsection (d). 

15 (c) TECHNICAL AMENDMENTS.— 

16 (1) DEFINITION OF UNAUTHORIZED ALIEN.— 

17 Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) 

18 (8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. 

19 1324(a)(3)(B)(i)), and 274B(a)(1) (8 U.S.C. 

20 1324b(a)(1)) are amended by striking ‘‘274A(h)(3)’’ 

21 and inserting ‘‘274A’’. 

22 (2) DOCUMENT REQUIREMENTS.—Section 274B 

23 (8 U.S.C. 1324b) is amended— 


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1 (A) in subsections (a)(6) and (g)(2)(B), by 

2 striking ‘‘274A(b)’’ and inserting ‘‘274A(d)’’; 

3 and 

4 (B) in subsection (g)(2)(B)(ii), by striking 

5 ‘‘274A(b)(5)’’ and inserting ‘‘274A(d)(9)’’. 

6 (d) EFFECTIVE DATE.—The amendments made by 

7 subsections (a), (b), and (c) shall take effect on the date 

8 that is 180 days after the date of the enactment of this 

9 Act. 

10 SEC. 302. EMPLOYER COMPLIANCE FUND. 

11 Section 286 (8 U.S.C. 1356) is amended by adding 

12 at the end the following new subsection: 

13 ‘‘(w) EMPLOYER COMPLIANCE FUND.— 

14 ‘‘(1) IN GENERAL.—There is established in the 

15 general fund of the Treasury, a separate account, 

16 which shall be known as the ‘Employer Compliance 

17 Fund’ (referred to in this subsection as the ‘Fund’). 

18 ‘‘(2) DEPOSITS.—There shall be deposited as 

19 offsetting receipts into the Fund all civil monetary 

20 penalties collected by the Secretary of Homeland Se21 curity under section 274A. 

22 ‘‘(3) PURPOSE.—Amounts refunded to the Sec23 retary from the Fund shall be used for the purposes 

24 of enhancing and enforcing employer compliance 

25 with section 274A. 


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1 ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de2 posited into the Fund shall remain available until 

3 expended and shall be refunded out of the Fund by 

4 the Secretary of the Treasury, at least on a quar5 terly basis, to the Secretary of Homeland Security.’’. 

6 SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND 

7 FRAUD DETECTION AGENTS. 

8 (a) WORKSITE ENFORCEMENT.—The Secretary shall, 

9 subject to the availability of appropriations for such pur10 pose, annually increase, by not less than 2,000, the num11 ber of positions for investigators dedicated to enforcing 

12 compliance with sections 274 and 274A of the Immigra13 tion and Nationality Act (8 U.S.C. 1324, and 1324a) dur14 ing the 5-year period beginning date of the enactment of 

15 this Act. 

16 (b) FRAUD DETECTION.—The Secretary shall, sub17 ject to the availability of appropriations for such purpose, 

18 increase by not less than 1,000 the number of positions 

19 for agents of the Bureau of Immigration and Customs En20 forcement dedicated to immigration fraud detection during 

21 the 5-year period beginning date of the enactment of this 

22 Act. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Secretary for 


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1 each of the fiscal years 2007 through 2011 such sums as 

2 may be necessary to carry out this section. 

3 SEC. 304. CLARIFICATION OF INELIGIBILITY FOR MIS4 REPRESENTATION. 

5 Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 

6 1182(a)(6)(C)(ii)(I)), is amended by striking ‘‘citizen’’ 

7 and inserting ‘‘national’’. 

8 TITLE IV—BACKLOG REDUCTION 

9 AND VISAS FOR STUDENTS, 

10 MEDICAL PROVIDERS, AND 

11 ALIENS WITH ADVANCED DE12 GREES 

13 SEC. 401. ELIMINATION OF EXISTING BACKLOGS. 

14 (a) FAMILY-SPONSORED IMMIGRANTS.—Section 

15 201(c) (8 U.S.C. 1151(c)) is amended to read as follows: 

16 ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPONSORED

17 IMMIGRANTS.—The worldwide level of family-sponsored 

18 immigrants under this subsection for a fiscal year is equal 

19 to the sum of— 

20 ‘‘(1) 480,000; 

21 ‘‘(2) the difference between the maximum num22 ber of visas authorized to be issued under this sub23 section during the previous fiscal year and the num24 ber of visas issued during the previous fiscal year; 

25 ‘‘(3) the difference between— 


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1 ‘‘(A) the maximum number of visas au2 thorized to be issued under this subsection dur3 ing fiscal years 2001 through 2005 minus the 

4 number of visas issued under this subsection 

5 during those fiscal years; and 

6 ‘‘(B) the number of visas calculated under 

7 subparagraph (A) that were issued after fiscal 

8 year 2005.’’. 

9 (b) EMPLOYMENT-BASED IMMIGRANTS.—Section 

10 201(d) (8 U.S.C. 1151(d)) is amended to read as follows: 

11 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

12 IMMIGRANTS.— 

13 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

14 the worldwide level of employment-based immigrants 

15 under this subsection for a fiscal year is equal to the 

16 sum of— 

17 ‘‘(A) 290,000; 

18 ‘‘(B) the difference between the maximum 

19 number of visas authorized to be issued under 

20 this subsection during the previous fiscal year 

21 and the number of visas issued during the pre22 vious fiscal year; and 

23 ‘‘(C) the difference between— 

24 ‘‘(i) the maximum number of visas au25 thorized to be issued under this subsection 


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1 during fiscal years 2001 through 2005 and 

2 the number of visa numbers issued under 

3 this subsection during those fiscal years; 

4 and 

5 ‘‘(ii) the number of visas calculated 

6 under clause (i) that were issued after fis7 cal year 2005. 

8 ‘‘(2) VISAS FOR SPOUSES AND CHILDREN.—Im9 migrant visas issued on or after October 1, 2004, to 

10 spouses and children of employment-based immi11 grants shall not be counted against the numerical 

12 limitation set forth in paragraph (1).’’. 

13 SEC. 402. COUNTRY LIMITS. 

14 Section 202(a) (8 U.S.C. 1152(a)) is amended— 

15 (1) in paragraph (2)— 

16 (A) by striking ‘‘, (4), and (5)’’ and insert17 ing ‘‘and (4)’’; and 

18 (B) by striking ‘‘7 percent (in the case of 

19 a single foreign state) or 2 percent’’ and insert20 ing ‘‘10 percent (in the case of a single foreign 

21 state) or 5 percent’’; and 

22 (2) by striking paragraph (5). 


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1 SEC. 403. ALLOCATION OF IMMIGRANT VISAS. 

2 (a) PREFERENCE ALLOCATION FOR FAMILY-SPON3 SORED IMMIGRANTS.—Section 203(a) (8 U.S.C. 1153(a)) 

4 is amended to read as follows: 

5 ‘‘(a) PREFERENCE ALLOCATIONS FOR FAMILY-SPON6 SORED IMMIGRANTS.—Aliens subject to the worldwide 

7 level specified in section 201(c) for family-sponsored immi8 grants shall be allocated visas as follows: 

9 ‘‘(1) UNMARRIED SONS AND DAUGHTERS OF

10 CITIZENS.—Qualified immigrants who are the un11 married sons or daughters of citizens of the United 

12 States shall be allocated visas in a quantity not to 

13 exceed the sum of— 

14 ‘‘(A) 10 percent of such worldwide level; 

15 and 

16 ‘‘(B) any visas not required for the class 

17 specified in paragraph (4). 

18 ‘‘(2) SPOUSES AND UNMARRIED SONS AND

19 DAUGHTERS OF PERMANENT RESIDENT ALIENS.— 

20 ‘‘(A) IN GENERAL.—Visas in a quantity 

21 not to exceed 50 percent of such worldwide level 

22 plus any visas not required for the class speci23 fied in paragraph (1) shall be allocated to quali24 fied immigrants who are— 


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1 ‘‘(i) the spouses or children of an 

2 alien lawfully admitted for permanent resi3 dence; or 

4 ‘‘(ii) the unmarried sons or daughters 

5 of an alien lawfully admitted for perma6 nent residence. 

7 ‘‘(B) MINIMUM PERCENTAGE.—Visas allo8 cated to individuals described in subparagraph 

9 (A)(i) shall constitute not less than 77 percent 

10 of the visas allocated under this paragraph. 

11 ‘‘(3) MARRIED SONS AND DAUGHTERS OF CITI12 ZENS.—Qualified immigrants who are the married 

13 sons and daughters of citizens of the United States 

14 shall be allocated visas in a quantity not to exceed 

15 the sum of— 

16 ‘‘(A) 10 percent of such worldwide level; 

17 and 

18 ‘‘(B) any visas not required for the classes 

19 specified in paragraphs (1) and (2). 

20 ‘‘(4) BROTHERS AND SISTERS OF CITIZENS.— 

21 Qualified immigrants who are the brothers or sisters 

22 of a citizen of the United States who is at least 21 

23 years of age shall be allocated visas in a quantity 

24 not to exceed 30 percent of the worldwide level.’’. 


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1 (b) PREFERENCE ALLOCATION FOR EMPLOYMENT2 BASED IMMIGRANTS.—Section 203(b) (8 U.S.C. 1153(b)) 

3 is amended— 

4 (1) in paragraph (1), by striking ‘‘28.6 per5 cent’’ and inserting ‘‘15 percent’’; 

6 (2) in paragraph (2)(A), by striking ‘‘28.6 per7 cent’’ and inserting ‘‘15 percent’’; 

8 (3) in paragraph (3)(A)— 

9 (A) by striking ‘‘28.6 percent’’ and insert10 ing ‘‘35 percent’’; and 

11 (B) by striking clause (iii); 

12 (4) by striking paragraph (4); 

13 (5) by redesignating paragraph (5) as para14 graph (4); 

15 (6) in paragraph (4)(A), as redesignated, by 

16 striking ‘‘7.1 percent’’ and inserting ‘‘5 percent’’; 

17 (7) by inserting after paragraph (4), as redesig18 nated, the following: 

19 ‘‘(5) OTHER WORKERS.—Visas shall be made 

20 available, in a number not to exceed 30 percent of 

21 such worldwide level, plus any visa numbers not re22 quired for the classes specified in paragraphs (1) 

23 through (4), to qualified immigrants who are capa24 ble, at the time of petitioning for classification under 

25 this paragraph, of performing unskilled labor that is 


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1 not of a temporary or seasonal nature, for which 

2 qualified workers are determined to be unavailable in 

3 the United States.’’; and 

4 (8) by striking paragraph (6). 

5 (c) CONFORMING AMENDMENTS.— 

6 (1) DEFINITION OF SPECIAL IMMIGRANT.—Sec7 tion 101(a)(27)(M) (8 U.S.C. 1101(a)(27)(M)) is 

8 amended by striking ‘‘subject to the numerical limi9 tations of section 203(b)(4),’’. 

10 (2) REPEAL OF TEMPORARY REDUCTION IN

11 WORKERS’ VISAS.—Section 203(e) of the Nicaraguan 

12 Adjustment and Central American Relief Act (Public 

13 Law 105–100; 8 U.S.C. 1153 note) is repealed. 

14 SEC. 404. RELIEF FOR MINOR CHILDREN. 

15 (a) IN GENERAL.—Section 201(b)(2) (8 U.S.C. 

16 1151(b)(2)) is amended to read as follows: 

17 ‘‘(2)(A)(i) Aliens admitted under section 211(a) 

18 on the basis of a prior issuance of a visa under sec19 tion 203(a) to their accompanying parent who is an 

20 immediate relative. 

21 ‘‘(ii) In this subparagraph, the term ‘immediate 

22 relative’ means a child, spouse, or parent of a citizen 

23 of the United States (and each child of such child, 

24 spouse, or parent who is accompanying or following 

25 to join the child, spouse, or parent), except that, in 


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1 the case of parents, such citizens shall be at least 21 

2 years of age. 

3 ‘‘(iii) An alien who was the spouse of a citizen 

4 of the United States for not less than 2 years at the 

5 time of the citizen’s death and was not legally sepa6 rated from the citizen at the time of the citizen’s 

7 death, and each child of such alien, shall be consid8 ered, for purposes of this subsection, to remain an 

9 immediate relative after the date of the citizen’s 

10 death if the spouse files a petition under section 

11 204(a)(1)(A)(ii) before the earlier of— 

12 ‘‘(I) 2 years after such date; or 

13 ‘‘(II) the date on which the spouse remar14 ries. 

15 ‘‘(iv) In this clause, an alien who has filed a pe16 tition under clause (iii) or (iv) of section 

17 204(a)(1)(A) remains an immediate relative if the 

18 United States citizen spouse or parent loses United 

19 States citizenship on account of the abuse. 

20 ‘‘(B) Aliens born to an alien lawfully admitted 

21 for permanent residence during a temporary visit 

22 abroad.’’. 

23 (b) PETITION.—Section 204(a)(1)(A)(ii) (8 U.S.C. 

24 1154 (a)(1)(A)(ii)) is amended by striking ‘‘in the second 

25 sentence of section 201(b)(2)(A)(i) also’’ and inserting ‘‘in 


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1 section 201(b)(2)(A)(iii) or an alien child or alien parent 

2 described in the 201(b)(2)(A)(iv)’’. 

3 SEC. 405. STUDENT VISAS. 

4 (a) IN GENERAL.—Section 101(a)(15)(F) (8 U.S.C. 

5 1101(a)(15)(F)) is amended— 

6 (1) in clause (i)— 

7 (A) by striking ‘‘he has no intention of 

8 abandoning, who is’’ and inserting the fol9 lowing: ‘‘except in the case of an alien described 

10 in clause (iv), the alien has no intention of 

11 abandoning, who is— 

12 ‘‘(I)’’; 

13 (B) by striking ‘‘consistent with section 

14 214(l)’’ and inserting ‘‘(except for a graduate 

15 program described in clause (iv)) consistent 

16 with section 214(m)’’; 

17 (C) by striking the comma at the end and 

18 inserting the following: ‘‘; or 

19 ‘‘(II) engaged in temporary employment 

20 for optional practical training related to the 

21 alien’s area of study, which practical training 

22 shall be authorized for a period or periods of up 

23 to 24 months;’’; 

24 (2) in clause (ii)— 


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1 (A) by inserting ‘‘or (iv)’’ after ‘‘clause 

2 (i)’’; and 

3 (B) by striking ‘‘, and’’ and inserting a 

4 semicolon; 

5 (3) in clause (iii), by adding ‘‘and’’ at the end; 

6 and 

7 (4) by adding at the end the following: 

8 ‘‘(iv) an alien described in clause (i) 

9 who has been accepted and plans to attend 

10 an accredited graduate program in mathe11 matics, engineering, technology, or the 

12 sciences in the United States for the pur13 pose of obtaining an advanced degree.’’. 

14 (b) ADMISSION OF NONIMMIGRANTS.—Section 

15 214(b) (8 U.S.C. 1184(b)) is amended by striking ‘‘sub16 paragraph (L) or (V)’’ and inserting ‘‘subparagraph 

17 (F)(iv), (L), or (V)’’. 

18 (c) REQUIREMENTS FOR F-4 VISA.—Section 214(m) 

19 (8 U.S.C. 1184(m)) is amended— 

20 (1) by inserting before paragraph (1) the fol21 lowing: 

22 ‘‘(m) NONIMMIGRANT ELEMENTARY, SECONDARY, 

23 AND POST-SECONDARY SCHOOL STUDENTS.—’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(3) A visa issued to an alien under section 

2 101(a)(15)(F)(iv) shall be valid— 

3 ‘‘(A) during the intended period of study in a 

4 graduate program described in such section; 

5 ‘‘(B) for an additional period, not to exceed 1 

6 year after the completion of the graduate program, 

7 if the alien is actively pursuing an offer of employ8 ment related to the knowledge and skills obtained 

9 through the graduate program; and 

10 ‘‘(C) for the additional period necessary for the 

11 adjudication of any application for labor certifi12 cation, employment-based immigrant petition, and 

13 application under section 245(a)(2) to adjust such 

14 alien’s status to that of an alien lawfully admitted 

15 for permanent residence, if such application for 

16 labor certification or employment-based immigrant 

17 petition has been filed not later than 1 year after 

18 the completion of the graduate program.’’. 

19 (d) OFF CAMPUS WORK AUTHORIZATION FOR FOR20 EIGN STUDENTS.— 

21 (1) IN GENERAL.—Aliens admitted as non22 immigrant students described in section 

23 101(a)(15)(F) of the Immigration and Nationality 

24 Act (8 U.S.C. 1101(a)(15)(F)) may be employed in 


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1 an off-campus position unrelated to the alien’s field 

2 of study if— 

3 (A) the alien has enrolled full time at the 

4 educational institution and is maintaining good 

5 academic standing; 

6 (B) the employer provides the educational 

7 institution and the Secretary of Labor with an 

8 attestation that the employer— 

9 (i) has spent at least 21 days recruit10 ing United States citizens to fill the posi11 tion; and 

12 (ii) will pay the alien and other simi13 larly situated workers at a rate equal to 

14 not less than the greater of— 

15 (I) the actual wage level for the 

16 occupation at the place of employ17 ment; or 

18 (II) the prevailing wage level for 

19 the occupation in the area of employ20 ment; and 

21 (C) the alien will not be employed more 

22 than— 

23 (i) 20 hours per week during the aca24 demic term; or 


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1 (ii) 40 hours per week during vacation 

2 periods and between academic terms. 

3 (2) DISQUALIFICATION.—If the Secretary of 

4 Labor determines that an employer has provided an 

5 attestation under paragraph (1)(B) that is materi6 ally false or has failed to pay wages in accordance 

7 with the attestation, the employer, after notice and 

8 opportunity for a hearing, shall be disqualified from 

9 employing an alien student under paragraph (1). 

10 (e) ADJUSTMENT OF STATUS.—Section 245(a) (8 

11 U.S.C. 1255(a)) is amended to read as follows: 

12 ‘‘(a) AUTHORIZATION.— 

13 ‘‘(1) IN GENERAL.—The status of an alien, who 

14 was inspected and admitted or paroled into the 

15 United States, or who has an approved petition for 

16 classification under subparagraph (A)(iii), (A)(iv), 

17 (B)(ii), or (B)(iii) of section 204(a)(1), may be ad18 justed by the Secretary of Homeland Security or the 

19 Attorney General, under such regulations as the Sec20 retary or the Attorney General may prescribe, to 

21 that of an alien lawfully admitted for permanent res22 idence if— 

23 ‘‘(A) the alien makes an application for 

24 such adjustment; 


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1 ‘‘(B) the alien is eligible to receive an im2 migrant visa; 

3 ‘‘(C) the alien is admissible to the United 

4 States for permanent residence; and 

5 ‘‘(D) an immigrant visa is immediately 

6 available to the alien at the time the application 

7 is filed. 

8 ‘‘(2) STUDENT VISAS.—Notwithstanding the re9 quirement under paragraph (1)(C), an alien may file 

10 an application for adjustment of status under this 

11 section if— 

12 ‘‘(A) the alien has been issued a visa or 

13 otherwise provided nonimmigrant status under 

14 section 101(a)(15)(F)(iv), or would have quali15 fied for such nonimmigrant status if section 

16 101(a)(15)(F)(iv) had been enacted before such 

17 alien’s graduation; 

18 ‘‘(B) the alien has earned an advanced de19 gree in the sciences, technology, engineering, or 

20 mathematics; 

21 ‘‘(C) the alien is the beneficiary of a peti22 tion filed under subparagraph (E) or (F) of sec23 tion 204(a)(1); and 

24 ‘‘(D) a fee of $1,000 is remitted to the 

25 Secretary on behalf of the alien. 


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1 ‘‘(3) LIMITATION.—An application for adjust2 ment of status filed under this section may not be 

3 approved until an immigrant visa number becomes 

4 available.’’. 

5 (f) USE OF FEES.— 

6 (1) JOB TRAINING; SCHOLARSHIPS.—Section 

7 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by in8 serting ‘‘and 80 percent of the fees collected under 

9 section 245(a)(2)(D)’’ before the period at the end. 

10 (2) FRAUD PREVENTION AND DETECTION.— 

11 Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is amended 

12 by inserting ‘‘and 20 percent of the fees collected 

13 under section 245(a)(2)(D)’’ before the period at the 

14 end. 

15 SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DE16 GREES. 

17 (a) ALIENS WITH CERTAIN ADVANCED DEGREES

18 NOT SUBJECT TO NUMERICAL LIMITATIONS ON EMPLOY19 MENT BASED IMMIGRANTS.— 

20 (1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. 

21 1151(b)(1)) is amended by adding at the end the 

22 following: 

23 ‘‘(F) Aliens who have earned an advanced 

24 degree in science, technology, engineering, or 

25 math and have been working in a related field 


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1 in the United States under a nonimmigrant visa 

2 during the 3-year period preceding their appli3 cation for an immigrant visa under section 

4 203(b). 

5 ‘‘(G) Aliens described in subparagraph (A) 

6 or (B) of section 203(b)(1)(A) or who have re7 ceived a national interest waiver under section 

8 203(b)(2)(B). 

9 ‘‘(H) The spouse and minor children of an 

10 alien who is admitted as an employment-based 

11 immigrant under section 203(b).’’. 

12 (2) APPLICABILITY.—The amendment made by 

13 paragraph (1) shall apply to any visa application— 

14 (A) pending on the date of the enactment 

15 of this Act; or 

16 (B) filed on or after such date of enact17 ment. 

18 (b) LABOR CERTIFICATION.—Section 

19 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amend20 ed— 

21 (1) in subclause (I), by striking ‘‘or’’ at the 

22 end; 

23 (2) in subclause (II), by striking the period at 

24 the end and inserting ‘‘; or’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(III) has an advanced degree in 

2 the sciences, technology, engineering, 

3 or mathematics from an accredited 

4 university in the United States and is 

5 employed in a field related to such de6 gree.’’. 

7 (c) TEMPORARY WORKERS.—Section 214(g) (8 

8 U.S.C. 1184(g)) is amended— 

9 (1) in paragraph (1)— 

10 (A) by striking ‘‘(beginning with fiscal year 

11 1992)’’; and 

12 (B) in subparagraph (A)— 

13 (i) in clause (vii), by striking ‘‘each 

14 succeeding fiscal year; or’’ and inserting 

15 ‘‘each of fiscal years 2004, 2005, and 

16 2006;’’; and 

17 (ii) by adding after clause (vii) the 

18 following: 

19 ‘‘(viii) 115,000 in the first fiscal year 

20 beginning after the date of the enactment 

21 of this clause; and 

22 ‘‘(ix) the number calculated under 

23 paragraph (9) in each fiscal year after the 

24 year described in clause (viii); or’’; 

25 (2) in paragraph (5)— 


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1 (A) in subparagraph (B), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (C), by striking the 

4 period at the end and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following: 

6 ‘‘(D) has earned an advanced degree in 

7 science, technology, engineering, or math.’’; 

8 (3) by redesignating paragraphs (9), (10), and 

9 (11) as paragraphs (10), (11), and (12), respec10 tively; and 

11 (4) by inserting after paragraph (8) the fol12 lowing: 

13 ‘‘(9) If the numerical limitation in paragraph 

14 (1)(A)— 

15 ‘‘(A) is reached during a given fiscal year, 

16 the numerical limitation under paragraph 

17 (1)(A)(ix) for the subsequent fiscal year shall 

18 be equal to 120 percent of the numerical limita19 tion of the given fiscal year; or 

20 ‘‘(B) is not reached during a given fiscal 

21 year, the numerical limitation under paragraph 

22 (1)(A)(ix) for the subsequent fiscal year shall 

23 be equal to the numerical limitation of the given 

24 fiscal year.’’. 


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1 (d) APPLICABILITY.—The amendment made by sub2 section (c)(2) shall apply to any visa application— 

3 (1) pending on the date of the enactment of 

4 this Act; or 

5 (2) filed on or after such date of enactment. 

6 SEC. 407. MEDICAL SERVICES IN UNDERSERVED AREAS. 

7 Section 220(c) of the Immigration and Nationality 

8 Technical Corrections Act of 1994 (8 U.S.C. 1182 note; 

9 Public Law 103–416) is amended by striking ‘‘Act and 

10 before June 1, 2006.’’ and inserting ‘‘Act.’’. 

11 TITLE V—IMMIGRATION 

12 LITIGATION REDUCTION 

13 SEC. 501. CONSOLIDATION OF IMMIGRATION APPEALS. 

14 (a) REAPPORTIONMENT OF CIRCUIT COURT

15 JUDGES.—The table in section 44(a) of title 28, United 

16 States Code, is amended in the item relating to the Fed17 eral Circuit by striking ‘‘12’’ and inserting ‘‘15’’. 

18 (b) REVIEW OF ORDERS OF REMOVAL.—Section 

19 242(b) (8 U.S.C. 1252(b)) is amended— 

20 (1) in paragraph (2), by striking the first sen21 tence and inserting ‘‘The petition for review shall be 

22 filed with the United Sates Court of Appeals for the 

23 Federal Circuit.’’; 

24 (2) in paragraph (5)(B), by adding at the end 

25 the following: ‘‘Any appeal of a decision by the disVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00222 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 trict court under this paragraph shall be filed with 

2 the United States Court of Appeals for the Federal 

3 Circuit.’’; and 

4 (3) in paragraph (7), by amending subpara5 graph (C) to read as follows: 

6 ‘‘(C) CONSEQUENCE OF INVALIDATION

7 AND VENUE OF APPEALS.— 

8 ‘‘(i) INVALIDATION.—If the district 

9 court rules that the removal order is in10 valid, the court shall dismiss the indict11 ment for violation of section 243(a). 

12 ‘‘(ii) APPEALS.—The United States 

13 Government may appeal a dismissal under 

14 clause (i) to the United States Court of 

15 Appeals for the Federal Circuit within 30 

16 days after the date of the dismissal. If the 

17 district court rules that the removal order 

18 is valid, the defendant may appeal the dis19 trict court decision to the United States 

20 Court of Appeals for the Federal Circuit 

21 within 30 days after the date of completion 

22 of the criminal proceeding.’’. 

23 (c) REVIEW OF ORDERS REGARDING INADMISSABLE

24 ALIENS.—Section 242(e) (8 U.S.C. 1252(e)) is amended 

25 by adding at the end the following new paragraph: 


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1 ‘‘(6) VENUE.—The petition to appeal any deci2 sion by the district court pursuant to this subsection 

3 shall be filed with the United States Court of Ap4 peals for the Federal Circuit.’’. 

5 (d) EXCLUSIVE JURISDICTION.—Section 242(g) (8 

6 U.S.C. 1252(g)) is amended— 

7 (1) by striking ‘‘Except’’; and inserting the fol8 lowing: 

9 ‘‘(1) IN GENERAL.—Except’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(2) APPEALS.—Notwithstanding any other 

12 provision of law, the United States Court of Appeals 

13 for the Federal Circuit shall have exclusive jurisdic14 tion to review a district court order arising from any 

15 action taken, or proceeding brought, to remove or 

16 exclude an alien from the United States, including 

17 a district court order granting or denying a petition 

18 for writ of habeas corpus.’’. 

19 (e) JURISDICTION OF THE UNITED STATES COURT

20 OF APPEALS FOR THE FEDERAL CIRCUIT.— 

21 (1) EXCLUSIVE JURISDICTION.—Section 

22 1295(a) of title 28, United States Code, is amended 

23 by adding at the end the following new paragraph: 

24 ‘‘(15) of an appeal to review a final administra25 tive order or a district court decision arising from 


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1 any action taken, or proceeding brought, to remove 

2 or exclude an alien from the United States.’’. 

3 (2) CONFORMING AMENDMENTS.—Such section 

4 1295(a) is further amended— 

5 (A) in paragraph (13), by striking ‘‘and’’; 

6 and 

7 (B) in paragraph (14), by striking the pe8 riod at the end and inserting a semicolon and 

9 ‘‘and’’. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the United States 

12 Court of Appeals for the Federal Circuit for each of the 

13 fiscal years 2007 through 2011 such sums as may be nec14 essary to carry out this subsection, including the hiring 

15 of additional attorneys for the such Court. 

16 (g) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect upon the date of enactment 

18 of this Act and shall apply to any final agency order or 

19 district court decision entered on or after the date of en20 actment of this Act. 

21 SEC. 502. ADDITIONAL IMMIGRATION PERSONNEL. 

22 (a) DEPARTMENT OF HOMELAND SECURITY.— 

23 (1) TRIAL ATTORNEYS.—In each of fiscal years 

24 2007 through 2011, the Secretary shall, subject to 

25 the availability of appropriations for such purpose, 


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1 increase the number of positions for attorneys in the 

2 Office of General Counsel of the Department who 

3 represent the Department in immigration matters by 

4 not less than 100 above the number of such posi5 tions for which funds were made available during 

6 each preceding fiscal year. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated to the Sec9 retary for each of fiscal years 2007 through 2011 

10 such sums as may be necessary to carry out this 

11 subsection. 

12 (b) DEPARTMENT OF JUSTICE.— 

13 (1) LITIGATION ATTORNEYS.—In each of fiscal 

14 years 2007 through 2011, the Attorney General 

15 shall, subject to the availability of appropriations for 

16 such purpose, increase by not less than 50 the num17 ber of positions for attorneys in the Office of Immi18 gration Litigation of the Department of Justice. 

19 (2) UNITED STATES ATTORNEYS.—In each of 

20 fiscal years 2007 through 2011, the Attorney Gen21 eral shall, subject to the availability of appropria22 tions for such purpose, increase by not less than 50 

23 the number of attorneys in the United States Attor24 neys’ office to litigate immigration cases in the Fed25 eral courts. 


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1 (3) IMMIGRATION JUDGES.—In each of fiscal 

2 years 2007 through 2011, the Attorney General 

3 shall, subject to the availability of appropriations for 

4 such purpose— 

5 (A) increase by not less than 20 the num6 ber of full-time immigration judges compared to 

7 the number of such positions for which funds 

8 were made available during the preceding fiscal 

9 year; and 

10 (B) increase by not less than 80 the num11 ber of positions for personnel to support the im12 migration judges described in subparagraph (A) 

13 compared to the number of such positions for 

14 which funds were made available during the 

15 preceding fiscal year. 

16 (4) STAFF ATTORNEYS.—In each of fiscal years 

17 2007 through 2011, the Attorney General shall, sub18 ject to the availability of appropriations for such 

19 purpose— 

20 (A) increase by not less than 10 the num21 ber of positions for full-time staff attorneys in 

22 the Board of Immigration Appeals compared to 

23 the number of such positions for which funds 

24 were made available during the preceding fiscal 

25 year; and 


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1 (B) increase by not less than 10 the num2 ber of positions for personnel to support the 

3 staff attorneys described in subparagraph (A) 

4 compared to the number of such positions for 

5 which funds were made available during the 

6 preceding fiscal year 

7 (5) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated to the At9 torney General for each of the fiscal years 2007 

10 through 2011 such sums as may be necessary to 

11 carry out this subsection, including the hiring of 

12 necessary support staff. 

13 (c) ADMINISTRATIVE OFFICE OF THE UNITED

14 STATES COURTS.—In each of the fiscal years 2007 

15 through 2011, the Director of the Administrative Office 

16 of the United States Courts shall, subject to the avail17 ability of appropriations, increase by not less than 50 the 

18 number of attorneys in the Federal Defenders Program 

19 who litigate criminal immigration cases in the Federal 

20 courts. 

21 SEC. 503. BOARD OF IMMIGRATION APPEALS REMOVAL 

22 ORDER AUTHORITY. 

23 (a) IN GENERAL.—Section 101(a)(47) (8 U.S.C. 

24 1101(a)(47)) is amended to read as follows: 


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1 ‘‘(47)(A)(i) The term ‘order of removal’ means 

2 the order of the immigration judge, the Board of 

3 Immigration Appeals, or other administrative officer 

4 to whom the Attorney General or the Secretary of 

5 Homeland Security has delegated the responsibility 

6 for determining whether an alien is removable, con7 cluding that the alien is removable, or ordering re8 moval. 

9 ‘‘(ii) The term ‘order of deportation’ means the 

10 order of the special inquiry officer, immigration 

11 judge, the Board of Immigration Appeals, or other 

12 such administrative officer to whom the Attorney 

13 General has delegated the responsibility for deter14 mining whether an alien is deportable, concluding 

15 that the alien is deportable, or ordering deportation. 

16 ‘‘(B) An order described under subparagraph 

17 (A) shall become final upon the earlier of— 

18 ‘‘(i) a determination by the Board of Im19 migration Appeals affirming such order; 

20 ‘‘(ii) the entry by the Board of Immigra21 tion Appeals of such order; 

22 ‘‘(iii) the expiration of the period in which 

23 any party is permitted to seek review of such 

24 order by the Board of Immigration Appeals; 


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1 ‘‘(iv) the entry by an immigration judge of 

2 such order, if appeal is waived by all parties; or 

3 ‘‘(v) the entry by another administrative 

4 officer of such order, at the conclusion of a 

5 process authorized by law other than under sec6 tion 240.’’. 

7 (b) CONFORMING AMENDMENTS.—The Immigration 

8 and Nationality Act is amended— 

9 (1) in section 212(d)(12)(A) (8 U.S.C. 

10 1182(d)(12)(A)), by inserting ‘‘an order of’’ before 

11 ‘‘removal’’; and 

12 (2) in section 245A(g)(2)(B) (8 U.S.C. 

13 1255a(g)(2)(B))— 

14 (A) in the heading, by inserting ‘‘, RE15 MOVAL,’’ after ‘‘DEPORTATION’’; and 

16 (B) in clause (i), by striking ‘‘deporta17 tion,’’ and inserting ‘‘deportation or an order of 

18 removal,’’. 

19 SEC. 504. JUDICIAL REVIEW OF VISA REVOCATION. 

20 Section 221(i) (8 U.S.C. 1201(i)) is amended by 

21 striking the last sentence and inserting ‘‘Notwithstanding 

22 any other provision of law (statutory or nonstatutory), in23 cluding section 2241 of title 28, United States Code, or 

24 any other habeas corpus provision, and sections 1361 and 

25 1651 of such title, a revocation under this subsection may 


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1 not be reviewed by any court, and no court shall have ju2 risdiction to hear any claim arising from, or any challenge 

3 to, such a revocation.’’. 

4 SEC. 505. REINSTATEMENT OF REMOVAL ORDERS. 

5 (a) REINSTATEMENT.— 

6 (1) IN GENERAL.—Section 241(a)(5) (8 U.S.C. 

7 1231(a)(5)) is amended to read as follows: 

8 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

9 AGAINST ALIENS ILLEGALLY REENTERING.— 

10 ‘‘(A) IN GENERAL.—If the Secretary of 

11 Homeland Security finds that an alien has en12 tered the United States illegally after having 

13 been removed, deported, or excluded or having 

14 departed voluntarily, under an order of removal, 

15 deportation, or exclusion, regardless of the date 

16 of the original order or the date of the illegal 

17 entry— 

18 ‘‘(i) the order of removal, deportation, 

19 or exclusion is reinstated from its original 

20 date and is not subject to being reopened 

21 or reviewed notwithstanding section 

22 242(a)(2)(D); 

23 ‘‘(ii) the alien is not eligible and may 

24 not apply for any relief under this Act, re25 gardless of the date that an application or 


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1 request for such relief may have been filed 

2 or made; and 

3 ‘‘(iii) the alien shall be removed under 

4 the order of removal, deportation, or exclu5 sion at any time after the illegal entry. 

6 ‘‘(B) NO OTHER PROCEEDINGS.—Rein7 statement under this paragraph shall not re8 quire proceedings under section 240 or other 

9 proceedings before an immigration judge.’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 242(a)(2)(D) (8 U.S.C. 1252(a)(2)(D)) is amended 

12 by striking ‘‘section)’’ and inserting ‘‘section or sec13 tion 241(a)(5))’’. 

14 (b) JUDICIAL REVIEW.—Section 242 (8 U.S.C. 1252) 

15 is amended by adding at the end the following new sub16 section: 

17 ‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER

18 SECTION 241(a)(5).— 

19 ‘‘(1) REVIEW OF REINSTATEMENT.—Judicial 

20 review of a determination under section 241(a)(5) is 

21 available under subsection (a) of this section. 

22 ‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Not23 withstanding any other provision of law (statutory or 

24 nonstatutory), including section 2241 of title 28, 

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1 vision, and sections 1361 and 1651 of such title, no 

2 court shall have jurisdiction to review any cause or 

3 claim, arising from or relating to any challenge to 

4 the original order.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 subsections (a) and (b) shall take effect as if enacted on 

7 April 1, 1997, and shall apply to all orders reinstated on 

8 or after that date by the Secretary (or by the Attorney 

9 General prior to March 1, 2003), regardless of the date 

10 of the original order. 

11 SEC. 506. WITHHOLDING OF REMOVAL. 

12 (a) IN GENERAL.—Section 241(b)(3) (8 U.S.C. 

13 1231(b)(3)) is amended— 

14 (1) in subparagraph (A), by adding at the end 

15 ‘‘The burden of proof is on the alien to establish 

16 that the alien’s life or freedom would be threatened 

17 in that country, and that race, religion, nationality, 

18 membership in a particular social group, or political 

19 opinion would be at least one central reason for such 

20 threat.’’; and 

21 (2) in subparagraph (C), by striking ‘‘In deter22 mining whether an alien has demonstrated that the 

23 alien’s life or freedom would be threatened for a rea24 son described in subparagraph (A)’’ and inserting 

25 ‘‘For purposes of this paragraph,’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect as if enacted on May 11, 

3 2005, and shall apply to applications for withholding of 

4 removal made on or after such date. 

5 SEC. 507. CERTIFICATE OF REVIEWABILITY. 

6 (a) BRIEFS.—Section 242(b)(3)(C) (8 U.S.C. 

7 1252(b)(3)(C)) is amended to read as follows: 

8 ‘‘(C) BRIEFS.— 

9 ‘‘(i) ALIEN’S BRIEF.—The alien shall 

10 serve and file a brief in connection with a 

11 petition for judicial review not later than 

12 40 days after the date on which the admin13 istrative record is available. The court may 

14 not extend this deadline except upon mo15 tion for good cause shown. If an alien fails 

16 to file a brief within the time provided in 

17 this subparagraph, the court shall dismiss 

18 the appeal unless a manifest injustice 

19 would result. 

20 ‘‘(ii) UNITED STATES BRIEF.—The 

21 United States shall not be afforded an op22 portunity to file a brief in response to the 

23 alien’s brief until a judge issues a certifi24 cate of reviewability as provided in sub25 paragraph (D), unless the court requests 


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1 the United States to file a reply brief prior 

2 to issuing such certification.’’. 

3 (b) CERTIFICATE OF REVIEWABILITY.—Section 

4 242(b)(3) (8 U.S.C. 1252 (b)(3)) is amended by adding 

5 at the end the following new subparagraphs: 

6 ‘‘(D) CERTIFICATE OF REVIEWABILITY.— 

7 ‘‘(i) After the alien has filed a brief, 

8 the petition for review shall be assigned to 

9 one judge on the Federal Circuit Court of 

10 Appeals. 

11 ‘‘(ii) Unless such judge issues a cer12 tificate of reviewability, the petition for re13 view shall be denied and the United States 

14 may not file a brief. 

15 ‘‘(iii) Such judge may not issue a cer16 tificate of reviewability under clause (ii) 

17 unless the petitioner establishes a prima 

18 facie case that the petition for review 

19 should be granted. 

20 ‘‘(iv) Such judge shall complete all ac21 tion on such certificate, including ren22 dering judgment, not later than 60 days 

23 after the date on which the judge is as24 signed the petition for review, unless an 

25 extension is granted under clause (v). 


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1 ‘‘(v) Such judge may grant, on the 

2 judge’s own motion or on the motion of a 

3 party, an extension of the 60-day period 

4 described in clause (iv) if— 

5 ‘‘(I) all parties to the proceeding 

6 agree to such extension; or 

7 ‘‘(II) such extension is for good 

8 cause shown or in the interests of jus9 tice, and the judge states the grounds 

10 for the extension with specificity. 

11 ‘‘(vi) If no certificate of reviewability 

12 is issued before the end of the period de13 scribed in clause (iv), including any exten14 sion under clause (v), the petition for re15 view shall be denied, any stay or injunction 

16 on petitioner’s removal shall be dissolved 

17 without further action by the court or the 

18 Government, and the alien may be re19 moved. 

20 ‘‘(vii) If such judge issues a certificate 

21 of reviewability under clause (ii), the Gov22 ernment shall be afforded an opportunity 

23 to file a brief in response to the alien’s 

24 brief. The alien may serve and file a reply 

25 brief not later than 14 days after service of 


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1 the Government brief, and the court may 

2 not extend this deadline except upon mo3 tion for good cause shown. 

4 ‘‘(E) NO FURTHER REVIEW OF DECISION

5 NOT TO ISSUE ACERTIFICATE OF

6 REVIEWABILITY.—The decision of a judge on 

7 the Federal Circuit Court of Appeals not to 

8 issue a certificate of reviewability or to deny a 

9 petition for review, shall be the final decision 

10 for the Federal Circuit Court of Appeals and 

11 may not be reconsidered, reviewed, or reversed 

12 by the such Court through any mechanism or 

13 procedure.’’. 

14 SEC. 508. DISCRETIONARY DECISIONS ON MOTIONS TO RE15 OPEN OR RECONSIDER. 

16 (a) EXERCISE OF DISCRETION.—Section 240(c) (8 

17 U.S.C. 1229a(c)) is amended— 

18 (1) in paragraph (6), by adding at the end the 

19 following new subparagraph: 

20 ‘‘(D) DISCRETION.—The decision to grant 

21 or deny a motion to reconsider is committed to 

22 the Attorney General’s discretion.’’; and 

23 (2) in paragraph (7), by adding at the end the 

24 following new subparagraph: 


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1 ‘‘(D) DISCRETION.—The decision to grant 

2 or deny a motion to reopen is committed to the 

3 Attorney General’s discretion.’’. 

4 (b) ELIGIBILITY FOR PROTECTION FROM REMOVAL

5 TO ALTERNATIVE COUNTRY.—Section 240(c) (8 U.S.C. 

6 1229a(c)), as amended by subsection (a), is further 

7 amended by adding at the end of paragraph (7)(C) the 

8 following new clause: 

9 ‘‘(v) SPECIAL RULE FOR ALTER10 NATIVE COUNTRIES OF REMOVAL.—The re11 quirements of this paragraph may not 

12 apply if— 

13 ‘‘(I) the Secretary of Homeland 

14 Security is seeking to remove the alien 

15 to an alternative or additional country 

16 of removal under paragraph (1)(C), 

17 2(D), or 2(E) of section 241(b) that 

18 was not considered during the alien’s 

19 prior removal proceedings; 

20 ‘‘(II) the alien’s motion to reopen 

21 is filed within 30 days after receiving 

22 notice of the Secretary’s intention to 

23 remove the alien to that country; and 

24 ‘‘(III) the alien establishes a 

25 prima facie case that the alien is entiVerDate Aug 31 2005 02:57 Mar 17, 2006 Jkt 049200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S2454.PCS S2454

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1 tled by law to withholding of removal 

2 under section 241(b)(3) or protection 

3 under the Convention Against Torture 

4 and Other Cruel, Inhuman or Degrad5 ing Treatment or Punishment, done 

6 at New York December 10, 1984, 

7 with respect to that particular coun8 try.’’. 

9 (c) EFFECTIVE DATE.—This amendment made by 

10 this section shall apply to motions to reopen or reconsider 

11 which are filed on or after the date of the enactment of 

12 this Act in removal, deportation, or exclusion proceedings, 

13 whether a final administrative order is entered before, on, 

14 or after the date of the enactment of this Act. 

15 SEC. 509. PROHIBITION OF ATTORNEY FEE AWARDS FOR 

16 REVIEW OF FINAL ORDERS OF REMOVAL. 

17 (a) IN GENERAL.—Section 242 (8 U.S.C. 1252), as 

18 amended by section 505(b), is further amended by adding 

19 at the end the following new subsection: 

20 ‘‘(i) PROHIBITION ON ATTORNEY FEE AWARDS.— 

21 Notwithstanding any other provision of law, a court may 

22 not award fees or other expenses to an alien based upon 

23 the alien’s status as a prevailing party in any proceedings 

24 relating to an order of removal issued under this Act, un25 less the court of appeals concludes that the determination 


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1 of the Attorney General or the Secretary of Homeland Se2 curity that the alien was removable under sections 212 

3 and 237 was not substantially justified.’’. 

4 (b) EFFECTIVE DATE.—The amendment made by 

5 subsection (a) shall apply to proceedings relating to an 

6 order of removal issued on or after the date of the enact7 ment of this Act, regardless of the date that such fees 

8 or expenses were incurred. 

9 SEC. 510. BOARD OF IMMIGRATION APPEALS. 

10 (a) REQUIREMENT TO HEAR CASES IN 3-MEMBER

11 PANELS.— 

12 (1) IN GENERAL.—Except as provided in para13 graphs (2) and (3), cases before the Board of Immi14 gration Appeals of the Department of Justice shall 

15 be heard by 3-member panels of such Board. 

16 (2) HEARING BY A SINGLE MEMBER.—A 3- 

17 member panel of the Board of Immigration Appeals 

18 or a member of such Board alone may— 

19 (A) summarily dismiss any appeal or por20 tion of any appeal in any case which— 

21 (i) the party seeking the appeal fails 

22 to specify the reasons for the appeal; 

23 (ii) the only reason for the appeal 

24 specified by such party involves a finding 


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1 of fact or a conclusion of law that was con2 ceded by that party at a prior proceeding; 

3 (iii) the appeal is from an order that 

4 granted such party the relief that had been 

5 requested; 

6 (iv) the appeal is determined to be 

7 filed for an improper purpose, such as to 

8 cause unnecessary delay; or 

9 (v) the appeal lacks an arguable basis 

10 in fact or in law and is not supported by 

11 a good faith argument for extension, modi12 fication, or reversal of existing law; 

13 (B) grant an unopposed motion or a mo14 tion to withdraw an appeal pending before the 

15 Board; or 

16 (C) adjudicate a motion to remand any ap17 peal— 

18 (i) from the decision of an officer of 

19 the Department if the appropriate official 

20 of the Department requests that the mat21 ter be remanded back for further consider22 ation; 

23 (ii) if remand is required because of a 

24 defective or missing transcript; or 


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1 (iii) if remand is required for any 

2 other procedural or ministerial issue. 

3 (3) HEARING EN BANC.—The Board of Immi4 gration Appeals may, by a majority vote of the 

5 Board members— 

6 (A) consider any case as the full Board en 

7 banc; or 

8 (B) reconsider as the full Board en banc 

9 any case that has been considered or decided by 

10 a 3-member panel. 

11 (b) AFFIRMANCE WITHOUT OPINION.—Upon individ12 ualized review of a case, the Board of Immigration Ap13 peals may affirm the decision of an immigration judge 

14 without opinion only if— 

15 (1) the decision of the immigration judge re16 solved all issues in the case; 

17 (2) the issue on appeal is squarely controlled by 

18 existing Board or Federal court precedent and does 

19 not involve the application of precedent to a novel 

20 fact situation; 

21 (3) the factual and legal questions raised on ap22 peal are so insubstantial that the case does not war23 rant the issuance of a written opinion in the case; 

24 and 


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1 (4) the Board approves both the result reached 

2 in the decision below and all of the reasoning of that 

3 decision. 

4 (c) REQUIREMENT FOR REGULATIONS.—Not later 

5 than 180 days after the date of the enactment of this Act, 

6 the Attorney General shall promulgate regulations to carry 

7 out this section. 

8 TITLE VI—MISCELLANEOUS 

9 SEC. 601. TECHNICAL AND CONFORMING AMENDMENTS. 

10 The Attorney General, in consultation with the Sec11 retary, shall, as soon as practicable but not later than 90 

12 days after the date of the enactment of this Act, submit 

13 to Congress a draft of any technical and conforming 

14 changes in the Immigration and Nationality Act which are 

15 necessary to reflect the changes in the substantive provi16 sions of law made by the Homeland Security Act of 2002, 

17 this Act, or any other provision of law. 


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Calendar No. 376 

109TH CONGRESS 

2D SESSION S. 2454 

A BILL 

To amend the Immigration and Nationality Act to 

purposes. provide for comprehensive reform and for other 

MARCH 16 (legislative day, MARCH 15), 2006 

Read twice and ordered to be placed on the calendar 


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