II 

109TH CONGRESS 

2D SESSION S. 2377 

To amend the Immigration and Nationality Act and other Acts to provide 

for border security and interior enforcement improvements, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 7, 2006 

Mr. NELSON of Nebraska (for himself, Mr. SESSIONS, and Mr. COBURN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act and other 

Acts to provide for border security and interior enforcement improvements, 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 ‘‘Border Security and Interior Enforcement Improvement 

6 Act of 2006’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


sroberts on PROD1PC70 with BILLS
2 

•S 2377 IS

Sec. 2. Severability. 

TITLE I—SOUTHWEST BORDER SECURITY 

Sec. 101. Construction of fencing and security improvements in border area 

from Pacific Ocean to Gulf of Mexico. 

Sec. 102. Border patrol agents. 

Sec. 103. Increased availability of Department of Defense equipment to assist 

with surveillance of southern international land border of the 

United States. 

Sec. 104. Ports of entry. 

Sec. 105. Authorization of appropriations. 

TITLE II—FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT 

Subtitle A—Additional Federal Resources 

Sec. 201. Necessary assets for controlling United States borders. 

Sec. 202. Additional immigration personnel. 

Sec. 203. Additional worksite enforcement and fraud detection agents. 

Sec. 204. Document fraud detection. 

Sec. 205. Powers of immigration officers and employees. 

Subtitle B—Maintaining Accurate Enforcement Data on Aliens 

Sec. 211. Entry-exit system. 

Sec. 212. State and local law enforcement provision of information regarding 

aliens. 

Sec. 213. Listing of immigration violators in the National Crime Information 

Center database. 

Sec. 214. Determination of immigration status of individuals charged with Federal offenses. 

Subtitle C—Detention of Aliens and Reimbursement of Costs 

Sec. 221. Increase of Federal detention space and the utilization of facilities 

identified for closures as a result of the Defense Base Closure 

Realignment Act of 1990. 

Sec. 222. Federal custody of illegal aliens apprehended by State or local law 

enforcement. 

Sec. 223. Institutional Removal Program. 

Subtitle D—State, Local, and Tribal Enforcement of Immigration Laws 

Sec. 231. Congressional affirmation of immigration law enforcement authority 

by States and political subdivisions of States. 

Sec. 232. Immigration law enforcement training of State and local law enforcement personnel. 

Sec. 233. Immunity. 

TITLE III—VISA REFORM AND ALIEN STATUS 

Subtitle A—Limitations on Visa Issuance and Validity 

Sec. 301. Curtailment of visas for aliens from countries denying or delaying repatriation of nationals. 

Sec. 302. Judicial review of visa revocation. 

Sec. 303. Elimination of diversity immigrant program. 


sroberts on PROD1PC70 with BILLS
3 

•S 2377 IS

Sec. 304. Completion of background and security checks. 

Sec. 305. Naturalization and good moral character. 

Sec. 306. Denial of benefits to terrorists and criminals. 

Sec. 307. Repeal of adjustment of status of certain aliens physically present in 

United States under section 245(i). 

Sec. 308. Grounds of Inadmissibility and Removability for Persecutors. 

Sec. 309. Technical Corrections to SEVIS Reporting Requirements. 

TITLE IV—WORKPLACE ENFORCEMENT AND IDENTIFICATION 

INTEGRITY 

Subtitle A—In General 

Sec. 401. Short title. 

Sec. 402. Findings. 

Subtitle B—Employment Eligibility Verification System 

Sec. 411. Employment Eligibility Verification System. 

Sec. 412. Employment eligibility verification process. 

Sec. 413. Expansion of employment eligibility verification system to previously 

hired individuals and recruiting and referring. 

Sec. 414. Extension of preemption to required construction of day laborer shelters. 

Sec. 415. Basic pilot program. 

Sec. 416. Protection for United States workers and individuals reporting immigration law violations. 

Sec. 417. Penalties. 

Subtitle C—Work Eligibility Verification Reform in the Social Security 

Administration 

Sec. 421. Verification responsibilities of the Commissioner of Social Security. 

Sec. 422. Notification by commissioner of failure to correct social security information. 

Sec. 423. Restriction on access and use. 

Sec. 424. Sharing of information with the commissioner of Internal Revenue 

Service. 

Sec. 425. Sharing of information with the Secretary of Homeland Security. 

Subtitle D—Sharing of Information 

Sec. 431. Sharing of information with the Secretary of Homeland Security and 

the Commissioner of Social Security. 

Subtitle E—Identification Document Integrity 

Sec. 441. Consular identification documents. 

Sec. 442. Machine-readable tamper-resistant immigration documents. 

Subtitle F—Effective Date; Authorization of Appropriations 

Sec. 451. Effective date. 

Sec. 452. Authorization of appropriations. 

TITLE V—PENALTIES AND ENFORCEMENT 

Subtitle A—Criminal and Civil Penalties 


sroberts on PROD1PC70 with BILLS
4 

•S 2377 IS

Sec. 501. Alien smuggling and related offenses. 

Sec. 502. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements. 

Sec. 503. Improper entry by, or presence of, aliens. 

Sec. 504. Fees and Employer Compliance Fund. 

Sec. 505. Reentry of removed alien. 

Sec. 506. Civil and criminal penalties for document fraud, benefit fraud, and 

false claims of citizenship. 

Sec. 507. Rendering inadmissible and deportable aliens participating in criminal 

street gangs. 

Sec. 508. Mandatory detention of suspected criminal street gang members. 

Sec. 509. Ineligibility for asylum and protection from removal. 

Sec. 510. Penalties for misusing social security numbers or filing false information with Social Security Administration. 

Sec. 511. Technical and clarifying amendments. 

Subtitle B—Detention, Removal, and Departure 

Sec. 521. Voluntary departure reform. 

Sec. 522. Release of aliens in removal proceedings. 

Sec. 523. Expedited removal. 

Sec. 524. Reinstatement of previous removal orders. 

Sec. 525. Cancellation of removal. 

Sec. 526. Detention of dangerous alien. 

Sec. 527. Alternatives to detention. 

Sec. 528. Authorization of appropriations. 

1 SEC. 2. SEVERABILITY. 

2 If any provision of this Act, any amendment made 

3 by this Act, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act, and the application 

6 of such provision to other persons not similarly situated 

7 or to other circumstances, shall not be affected by such 

8 holding. 


sroberts on PROD1PC70 with BILLS
5 

•S 2377 IS

1 TITLE I—SOUTHWEST BORDER 

2 SECURITY 

3 SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IM4 PROVEMENTS IN BORDER AREA FROM PA5 CIFIC OCEAN TO GULF OF MEXICO. 

6 (a) IN GENERAL.—Section 102(b)(1) of the Illegal 

7 Immigration Reform and Immigrant Responsibility Act of 

8 1996 (Public Law 104–208; 8 U.S.C. 1103 note) is 

9 amended to read as follows— 

10 ‘‘(1) BORDER SECURITY IMPROVEMENTS.— 

11 ‘‘(A) BORDER ZONE CREATION.— 

12 ‘‘(i) IN GENERAL.—In carrying out 

13 subsection (a), the Secretary of Homeland 

14 Security shall create and control a border 

15 zone, along the international land border 

16 between the United States and Mexico, 

17 subject to the following conditions: 

18 ‘‘(I) SIZE.—The border zone 

19 shall consist of the United States land 

20 area within 100 yards of such inter21 national land border, except that with 

22 respect to areas of the border zone 

23 that are contained within an orga24 nized subdivision of a State or local 

25 government, the Secretary may adjust 


sroberts on PROD1PC70 with BILLS
6 

•S 2377 IS

1 the area included in the border zone 

2 to accommodate existing public and 

3 private structures. 

4 ‘‘(II) FEDERAL LAND.—Not later 

5 than 30 days after the date of the en6 actment of the Border Security and 

7 Interior Enforcement Improvement 

8 Act of 2006, the head of each Federal 

9 agency having jurisdiction over Fed10 eral land included in the border zone 

11 shall transfer such land, without reim12 bursement, to the administrative ju13 risdiction of the Secretary of Home14 land Security. 

15 ‘‘(III) CONSULTATION.—Before 

16 installing any fencing or other phys17 ical barriers, roads, lighting, or sen18 sors under subparagraph (B) on land 

19 transferred by the Secretary of De20 fense under subclause (II), the Sec21 retary of Homeland Security shall 

22 consult with the Secretary of Defense 

23 for purposes of mitigating or limiting 

24 the impact of the fencing, barriers, 


sroberts on PROD1PC70 with BILLS
7 

•S 2377 IS

1 roads, lighting, and sensors on mili2 tary training and operations. 

3 ‘‘(ii) OTHER USES.—The Secretary 

4 may authorize the use of land included in 

5 the border zone for other purposes so long 

6 as such use does not impede the operation 

7 or effectiveness of the security features in8 stalled under subparagraph (B) or the abil9 ity of the Secretary to carry out subsection 

10 (a). 

11 ‘‘(B) REINFORCED FENCING.—In carrying 

12 out subsection (a), the Secretary of Homeland 

13 Security shall provide for— 

14 ‘‘(i) the construction along the south15 ern international land border between the 

16 United States and Mexico, starting at the 

17 Pacific Ocean and extending eastward to 

18 the Gulf of Mexico, of at least 2 layers of 

19 reinforced fencing; and 

20 ‘‘(ii) the installation of such additional 

21 physical barriers, roads, lighting, ditches, 

22 and sensors along such border as may be 

23 necessary to eliminate illegal crossings and 

24 facilitate legal crossings along such border. 


sroberts on PROD1PC70 with BILLS
8 

•S 2377 IS

1 ‘‘(C) PRIORITY AREAS.—With respect to 

2 the border described in subparagraph (B), the 

3 Secretary shall ensure that initial fence con4 struction occurs in high traffic and smuggling 

5 areas along such border.’’. 

6 (b) CONFORMING AMENDMENTS.—Section 102 of the 

7 Illegal Immigration Reform and Immigrant Responsibility 

8 Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 note) 

9 as amended by subsection (a) is further amended— 

10 (1) in subsection (a), by striking ‘‘Attorney 

11 General, in consultation with the Commissioner of 

12 Immigration and Naturalization,’’ and inserting 

13 ‘‘Secretary of Homeland Security’’; 

14 (2) in subsection (b), by striking the heading 

15 and inserting ‘‘BORDER ZONE CREATION AND REIN16 FORCED FENDING—’’; and 

17 (3) by striking ‘‘Attorney General’’ each place 

18 it appears and inserting ‘‘Secretary of Homeland Se19 curity’’. 

20 SEC. 102. BORDER PATROL AGENTS. 

21 Section 5202 of the Intelligence Reform and Ter22 rorism Prevention Act of 2004 (Public Law 108–458; 118 

23 Stat. 3734) is amended— 

24 (1) by striking ‘‘2010’’ both places it appears 

25 and inserting ‘‘2011’’; and 


sroberts on PROD1PC70 with BILLS
9 

•S 2377 IS

1 (2) by striking ‘‘2,000’’ and inserting ‘‘3,000’’. 

2 SEC. 103. INCREASED AVAILABILITY OF DEPARTMENT OF 

3 DEFENSE EQUIPMENT TO ASSIST WITH SUR4 VEILLANCE OF SOUTHERN INTERNATIONAL 

5 LAND BORDER OF THE UNITED STATES. 

6 (a) INCREASED AVAILABILITY OF EQUIPMENT.—The 

7 Secretary of Defense and the Secretary of Homeland Se8 curity shall develop and implement a plan to use the au9 thorities provided to the Secretary of Defense under chap10 ter 18 of title 10, United States Code, to increase the 

11 availability and use of Department of Defense equipment, 

12 including unmanned aerial vehicles, tethered aerostat ra13 dars, and other surveillance equipment, to assist with De14 partment of Homeland Security surveillance activities con15 ducted at or near the southern international land border 

16 of the United States. 

17 (b) REPORT.—Not later than 6 months after the date 

18 of the enactment of this Act, the Secretary of Defense and 

19 the Secretary of Homeland Security shall submit a report 

20 to Congress that contains— 

21 (1) a description of the current use of Depart22 ment of Defense equipment to assist with Depart23 ment of Homeland Security surveillance of the 

24 southern international land border of the United 

25 States; 


sroberts on PROD1PC70 with BILLS
10 

•S 2377 IS

1 (2) the plan developed under subsection (a) to 

2 increase the use of Department of Defense equip3 ment to assist with such surveillance activities; and 

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

5 other support to be provided by Department of De6 fense under such plan during the 1-year period be7 ginning after submission of the report. 

8 SEC. 104. PORTS OF ENTRY. 

9 To facilitate legal trade, commerce, tourism, and 

10 legal immigration, the Secretary of Homeland Security is 

11 authorized to— 

12 (1) construct additional ports of entry along the 

13 international land border of the United States, at lo14 cations to be determined by the Secretary; and 

15 (2) make necessary improvements to the ports 

16 of entry in existence on the date of the enactment 

17 of this Act. 

18 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

19 (a) IN GENERAL.—There are authorized to be appro20 priated $5,000,000,000 to carry out section 102(b)(1) of 

21 the Illegal Immigration Reform and Immigrant Responsi22 bility Act of 1996 (Public Law 104–208; 8 U.S.C. 1103), 

23 as amended by section 101. Such sums shall be available 

24 until expended. 


sroberts on PROD1PC70 with BILLS
11 

•S 2377 IS

1 (b) BORDER PATROL AGENTS.—There are author2 ized to be appropriated $3,000,000,000 to carry out sec3 tion 5202 of the Intelligence Reform and Terrorism Pre4 vention Act of 2004 (Public Law 108–458; 118 Stat. 

5 3734), as amended by section 102. 

6 (c) PORTS OF ENTRY.—There are authorized to be 

7 appropriated $125,000,000 to carry out section 104. 

8 (d) CONFORMING AMENDMENT.—Section 102(b)(4) 

9 of the Illegal Immigration Reform and Immigrant Respon10 sibility Act of 1996 (8 U.S.C. 1103 note) is repealed. 

11 TITLE II—FEDERAL, STATE, AND 

12 LOCAL LAW ENFORCEMENT 

13 Subtitle A—Additional Federal 

14 Resources 

15 SEC. 201. NECESSARY ASSETS FOR CONTROLLING UNITED 

16 STATES BORDERS. 

17 (a) PERSONNEL.— 

18 (1) CUSTOMS AND BORDER PROTECTION OFFI19 CERS.—In each of the fiscal years 2007 through 

20 2011, the Secretary of Homeland Security shall in21 crease by not less than 250 the number of positions 

22 for full-time active duty Customs and Border Pro23 tection officers. 

24 (2) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated such sums 


sroberts on PROD1PC70 with BILLS
12 

•S 2377 IS

1 as may be necessary for each of fiscal years 2007 

2 through 2011 to carry out paragraph (1). 

3 (b) TECHNOLOGICAL ASSETS.— 

4 (1) ACQUISITION.—The Secretary of Homeland 

5 Security shall procure unmanned aerial vehicles, 

6 cameras, poles, sensors, and other technologies nec7 essary to achieve operational control of the borders 

8 of the United States. 

9 (2) AUTHORIZATION OF APPROPRIATIONS.— 

10 There are authorized to be appropriated 

11 $500,000,000 for each of fiscal years 2007 through 

12 2011 to carry out paragraph (1). 

13 (c) BORDER PATROL CHECKPOINTS.—Notwith14 standing any other provision of law or regulation, tem15 porary or permanent checkpoints may be maintained on 

16 roadways in border patrol sectors close to the international 

17 land borders of the United States in such locations and 

18 for such time period durations as the Secretary of Home19 land Security, in the Secretary’s sole discretion, deter20 mines necessary. 

21 SEC. 202. ADDITIONAL IMMIGRATION PERSONNEL. 

22 (a) DEPARTMENT OF HOMELAND SECURITY.— 

23 (1) INVESTIGATIVE PERSONNEL.—In addition 

24 to the positions authorized under section 5203 of the 

25 Intelligence Reform and Terrorism Prevention Act 


sroberts on PROD1PC70 with BILLS
13 

•S 2377 IS

1 of 2004 (Public Law 108–458; 118 Stat. 3734), for 

2 each of fiscal years 2007 through 2011, the Sec3 retary of Homeland Security shall, subject to the 

4 availability of appropriations for such purpose, in5 crease by not less than 200 the number of positions 

6 for investigative personnel within the Department of 

7 Homeland Security investigating alien smuggling 

8 and immigration status violations above the number 

9 of such positions for which funds were made avail10 able during the preceding fiscal year. 

11 (2) TRIAL ATTORNEYS.—In each of fiscal years 

12 2007 through 2011, the Secretary of Homeland Se13 curity shall, subject to the availability of appropria14 tions for such purpose, increase the number of posi15 tions for attorneys in the Office of General Counsel 

16 of the Department of Homeland Security who rep17 resent the Department in immigration matters by 

18 not less than 100 above the number of such posi19 tions for which funds were made available during 

20 each preceding fiscal year. 

21 (3) AUTHORIZATION OF APPROPRIATIONS.— 

22 There are authorized to be appropriated to the De23 partment of Homeland Security for each of fiscal 

24 years 2007 through 2011 such sums as may be nec25 essary to carry out this subsection. 


sroberts on PROD1PC70 with BILLS
14 

•S 2377 IS

1 (b) DEPARTMENT OF JUSTICE.— 

2 (1) ASSISTANT ATTORNEY GENERAL FOR IMMI3 GRATION ENFORCEMENT.— 

4 (A) ESTABLISHMENT.—There is estab5 lished within the Department of Justice the po6 sition of Assistant Attorney General for Immi7 gration Enforcement. The Assistant Attorney 

8 General for Immigration Enforcement shall co9 ordinate and prioritize immigration litigation 

10 and enforcement in the Federal courts, includ11 ing— 

12 (i) removal and deportation; 

13 (ii) employer sanctions; and 

14 (iii) alien smuggling and human traf15 ficking. 

16 (B) CONFORMING AMENDMENT.—Section 

17 506 of title 28, United States Code, is amended 

18 by striking ‘‘ten’’ and inserting ‘‘11’’. 

19 (2) LITIGATION ATTORNEYS.—In each of fiscal 

20 years 2007 through 2011, the Attorney General 

21 shall, subject to the availability of appropriations for 

22 such purpose, increase by not less than 50 the num23 ber of positions for attorneys in the Office of Immi24 gration Litigation of the Department of Justice 


sroberts on PROD1PC70 with BILLS
15 

•S 2377 IS

1 above the number of such positions for which funds 

2 were made available during the preceding fiscal year. 

3 (3) ASSISTANT UNITED STATES ATTORNEYS.— 

4 In each of fiscal years 2007 through 2011, the At5 torney General shall, subject to the availability of 

6 appropriations for such purpose, increase by not less 

7 than 50 the number of Assistant United States At8 torneys to litigate immigration cases in the Federal 

9 courts above the number of such positions for which 

10 funds were made available during the preceding fis11 cal year. 

12 (4) IMMIGRATION JUDGES.—In each of fiscal 

13 years 2007 through 2011, the Attorney General 

14 shall, subject to the availability of appropriations for 

15 such purpose, increase by not less than 50 the num16 ber of immigration judges above the number of such 

17 positions for which funds were made available during 

18 the preceding fiscal year. 

19 (5) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to the De21 partment of Justice for each of fiscal years 2007 

22 through 2011 such sums as may be necessary to 

23 carry out this subsection, including the hiring of 

24 necessary support staff. 


sroberts on PROD1PC70 with BILLS
16 

•S 2377 IS

1 SEC. 203. ADDITIONAL WORKSITE ENFORCEMENT AND 

2 FRAUD DETECTION AGENTS. 

3 (a) WORKSITE ENFORCEMENT.—In each of fiscal 

4 years 2007 through 2011, the Secretary of Homeland Se5 curity shall, subject to the availability of appropriations 

6 for such purpose, increase by not less than 2,000, the 

7 number of positions for investigators dedicated to enforc8 ing compliance with sections 274 and 274A of the Immi9 gration and Nationality Act (8 U.S.C. 1324, 1324a) above 

10 the number of such positions in which funds were made 

11 available during the preceding fiscal year. 

12 (b) FRAUD DETECTION.—In each of fiscal years 

13 2007 through 2011, the Secretary of Homeland Security 

14 shall, subject to the availability of appropriations for such 

15 purpose, increase by not less than 1,000 the number of 

16 positions for Immigration Enforcement Agents dedicated 

17 to immigration fraud detection above the number of such 

18 positions in which funds were made available during the 

19 preceding fiscal year. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated during each of fiscal 

22 years 2007 through 2011 such sums as may be necessary 

23 to carry out this section. 

24 SEC. 204. DOCUMENT FRAUD DETECTION. 

25 (a) TRAINING.—The Secretary of Homeland Security 

26 shall provide all customs and border protection officers 


sroberts on PROD1PC70 with BILLS
17 

•S 2377 IS

1 with training in identifying and detecting fraudulent travel 

2 documents. Such training shall be developed in consulta3 tion with the Forensic Document Laboratory of the Bu4 reau of Immigration and Customs Enforcement of the De5 partment of Homeland Security. 

6 (b) FORENSIC DOCUMENT LABORATORY.—The Sec7 retary of Homeland Security shall provide all officers of 

8 the Bureau of Customs and Border Protection with access 

9 to the Forensic Document Laboratory. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated $5,000,000 for each of 

12 fiscal years 2007 through 2011 to carry out this section. 

13 SEC. 205. POWERS OF IMMIGRATION OFFICERS AND EM14 PLOYEES. 

15 Section 287(a) of the Immigration and Nationality 

16 Act (8 U.S.C. 1357(a)) is amended— 

17 (1) by striking paragraph (5) and the 2 undes18 ignated paragraphs following paragraph (5); 

19 (2) in the material preceding paragraph (1)— 

20 (A) by striking ‘‘(a) Any’’ and inserting 

21 ‘‘(a)(1) Any’’; and 

22 (B) by striking ‘‘Service’’ and inserting 

23 ‘‘Department of Homeland Security’’; 


sroberts on PROD1PC70 with BILLS
18 

•S 2377 IS

1 (3) by redesignating paragraphs (1), (2), (3), 

2 and (4) as subparagraphs (A), (B), (C), and (D), re3 spectively; and 

4 (4) by inserting after subparagraph (D), as re5 designated by paragraph (3), the following: 

6 ‘‘(E) to make arrests— 

7 ‘‘(i) for any offense against the United 

8 States, if the offense is committed in the offi9 cer’s or employee’s presence; or 

10 ‘‘(ii) for any felony cognizable under the 

11 laws of the United States, if the officer or em12 ployee has reasonable grounds to believe that 

13 the person to be arrested has committed or is 

14 committing such a felony. 

15 ‘‘(2) Under regulations prescribed by the Attorney 

16 General or the Secretary of Homeland Security, an officer 

17 or employee of the Service may carry a firearm and may 

18 execute and serve any order, warrant, subpoena, sum19 mons, or other process issued under the authority of the 

20 United States.’’. 

21 Subtitle B—Maintaining Accurate 

22 Enforcement Data on Aliens 

23 SEC. 211. ENTRY-EXIT SYSTEM. 

24 (a) INTEGRATED ENTRY AND EXIT DATA SYSTEM.— 

25 Section 110(b)(1) of the Illegal Immigration Reform and 


sroberts on PROD1PC70 with BILLS
19 

•S 2377 IS

1 Immigrant Responsibility Act of 1996 (8 U.S.C. 

2 1365a(b)(1)) is amended to read as follows: 

3 ‘‘(1) provides access to, and integrates, arrival 

4 and departure data of all aliens who arrive and de5 part at ports of entry, in an electronic format and 

6 in a database of the Department of Homeland Secu7 rity or the Department of State (including those cre8 ated or used at ports of entry and at consular of9 fices);’’. 

10 (b) CONSTRUCTION.—Section 110(c) of the Illegal 

11 Immigration Reform and Immigrant Responsibility Act of 

12 1996 (8 U.S.C. 1365a(c)) is amended to read as follows: 

13 ‘‘(c) CONSTRUCTION.—Nothing in this section shall 

14 be construed to reduce or curtail any authority of the Sec15 retary of Homeland Security or the Secretary of State 

16 under any other provision of law.’’. 

17 (c) DEADLINES.—Section 110(d) of the Illegal Immi18 gration Reform and Immigrant Responsibility Act of 1996 

19 (8 U.S.C. 1365a(d)) is amended— 

20 (1) in paragraph (1), by striking ‘‘December 

21 31, 2003’’ and inserting ‘‘October 1, 2006’’; and 

22 (2) by amending paragraph (2) to read as fol23 lows: 

24 ‘‘(2) LAND BORDER PORTS OF ENTRY.—Not 

25 later than October 1, 2006, the Secretary of HomeVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
20 

•S 2377 IS

1 land Security shall implement the integrated entry 

2 and exit data system using the data described in 

3 paragraph (1) and available alien arrival and depar4 ture data described in subsection (b)(1) pertaining 

5 to aliens arriving in, or departing from, the United 

6 States at all land border ports of entry. Such imple7 mentation shall include ensuring that such data, 

8 when collected or created by an immigration officer 

9 at a port of entry, are entered into the system and 

10 can be accessed by immigration officers at airports, 

11 seaports, and other land border ports of entry.’’. 

12 (d) AUTHORITY TO PROVIDE ACCESS TO SYSTEM.— 

13 Section 110(f)(1) of the Illegal Immigration Reform and 

14 Immigrant Responsibility Act of 1996 (8 U.S.C. 

15 1365a(f)(1)) is amended by adding at the end: ‘‘The Sec16 retary of Homeland Security shall ensure that any officer 

17 or employee of the Department of Homeland Security or 

18 the Department of State having need to access the data 

19 contained in the integrated entry and exit data system for 

20 any lawful purpose under the Immigration and Nationality 

21 Act has such access, including access for purposes of rep22 resentation of the Department of Homeland Security in 

23 removal proceedings under section 240 of such Act and 

24 adjudication of applications for benefits under such Act.’’. 


sroberts on PROD1PC70 with BILLS
21 

•S 2377 IS

1 (e) BIOMETRIC DATA ENHANCEMENTS.—Not later 

2 than October 1, 2006, the Secretary of Homeland Security 

3 shall— 

4 (1) in consultation with the Attorney General, 

5 enhance connectivity between the automated biomet6 ric fingerprint identification system (IDENT) of the 

7 Department of Homeland Security and the inte8 grated automated fingerprint identification system 

9 (IAFIS) of the Federal Bureau of Investigation fin10 gerprint databases to ensure more expeditious data 

11 searches; and 

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

13 collect all 10 fingerprints during the alien’s initial 

14 enrollment in the integrated entry and exit data sys15 tem described in section 110 of the Illegal Immigra16 tion Reform and Immigrant Responsibility Act of 

17 1996 (8 U.S.C. 1365a), as amended by this section. 

18 SEC. 212. STATE AND LOCAL LAW ENFORCEMENT PROVI19 SION OF INFORMATION REGARDING ALIENS. 

20 (a) VIOLATIONS OF FEDERAL LAW.—A statute, pol21 icy, or practice that prohibits, or restricts in any manner, 

22 a law enforcement or administrative enforcement officer 

23 of a State or of a political subdivision therein, from enforc24 ing Federal immigration laws or from assisting or cooper25 ating with Federal immigration law enforcement in the 


sroberts on PROD1PC70 with BILLS
22 

•S 2377 IS

1 course of carrying out the investigative or enforcement du2 ties of the officer or from providing information to an offi3 cial of the United States Government regarding the immi4 gration status of an individual who is believed to be ille5 gally present in the United States, is in violation of section 

6 642(a) of the Illegal Immigration Reform and Immigrant 

7 Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 

8 434 of the Personal Responsibility and Work Opportunity 

9 Reconciliation Act of 1996 (8 U.S.C. 1644). 

10 (b) STATE AND LOCAL LAW ENFORCEMENT PROVI11 SION OF INFORMATION ABOUT APPREHENDED ILLEGAL

12 ALIENS.— 

13 (1) PROVISION OF INFORMATION.— 

14 (A) IN GENERAL.—In compliance with sec15 tion 642(a) of the Illegal Immigration Reform 

16 and Immigrant Responsibility Act of 1996 (8 

17 U.S.C. 1373(a)) and section 434 of the Per18 sonal Responsibility and Work Opportunity 

19 Reconciliation Act of 1996 (8 U.S.C. 1644), 

20 each law enforcement agency of a State or of a 

21 political subdivision therein shall provide to the 

22 Department of Homeland Security the informa23 tion listed in paragraph (2) for each alien who 

24 is apprehended in the jurisdiction of such agen25 cy and who cannot produce the valid certificate 


sroberts on PROD1PC70 with BILLS
23 

•S 2377 IS

1 of alien registration or alien registration receipt 

2 card described in section 264(d) of the Immi3 gration and Nationality Act (8 U.S.C. 1304(d)). 

4 (B) TIME LIMITATION.—Not later than 15 

5 days after an alien described in subparagraph 

6 (A) is apprehended, information required to be 

7 provided under subparagraph (A) shall be pro8 vided in such form and in such manner as the 

9 Secretary of Homeland Security may, by regu10 lation or guideline, require. 

11 (C) EXCEPTION.—The reporting require12 ment in paragraph (A) shall not apply in the 

13 case of any alien determined to be lawfully 

14 present in the United States. 

15 (2) INFORMATION REQUIRED.—The information 

16 listed in this subsection is as follows: 

17 (A) The alien’s name. 

18 (B) The alien’s address or place of resi19 dence. 

20 (C) A physical description of the alien. 

21 (D) The date, time, and location of the en22 counter with the alien and reason for stopping, 

23 detaining, apprehending, or arresting the alien. 

24 (E) If applicable— 


sroberts on PROD1PC70 with BILLS
24 

•S 2377 IS

1 (i) the alien’s driver’s license number 

2 and the State of issuance of such license; 

3 (ii) the type of any other identification 

4 document issued to the alien, any designa5 tion number contained on the identification 

6 document, and the issuing entity for the 

7 identification document; 

8 (iii) the license number and descrip9 tion of any vehicle registered to, or oper10 ated by, the alien; and 

11 (iv) a photo of the alien and a full set 

12 of the alien’s 10 rolled fingerprints, if 

13 available or readily obtainable. 

14 (3) REIMBURSEMENT.—The Secretary of 

15 Homeland Security shall reimburse such law en16 forcement agencies for the costs, per a schedule de17 termined by the Secretary, incurred by such agencies 

18 in collecting and transmitting the information de19 scribed in paragraph (2). 

20 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 (1) ILLEGAL IMMIGRATION REFORM AND IMMI22 GRANT RESPONSIBILITY ACT OF 1996.— 

23 (A) TECHNICAL AMENDMENT.—Section 

24 642 of the Illegal Immigration Reform and ImVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
25 

•S 2377 IS

1 migrant Responsibility Act of 1996 (8 U.S.C. 

2 1373) is amended— 

3 (i) in subsections (a), (b)(1), and (c), 

4 by striking ‘‘Immigration and Naturaliza5 tion Service’’ each place it appears and in6 serting ‘‘Department of Homeland Secu7 rity’’; and 

8 (ii) in the heading by striking ‘‘IMMI9 GRATION AND NATURALIZATION SERV10 ICE’’ and inserting ‘‘DEPARTMENT OF

11 HOMELAND SECURITY’’. 

12 (B) CONFORMING AMENDMENT.—Section 

13 1(d) of the Illegal Immigration Reform and Im14 migrant Responsibility Act of 1996 (division C 

15 of Public Law 104–208; 110 Stat. 3009–546) 

16 is amended by striking the item related to sec17 tion 642 and inserting the following: 

‘‘Sec. 642. Communication between government agencies and the Department 

of Homeland Security.’’. 

18 (2) PERSONAL RESPONSIBILITY AND WORK OP19 PORTUNITY RECONCILIATION ACT OF 1996.— 

20 (A) IN GENERAL.—Section 434 of the Per21 sonal Responsibility and Work Opportunity 

22 Reconciliation Act of 1996 (8 U.S.C. 1644) is 

23 amended— 


sroberts on PROD1PC70 with BILLS
26 

•S 2377 IS

1 (i) by striking ‘‘Immigration and Nat2 uralization Service’’ and inserting ‘‘Depart3 ment of Homeland Security’’; and 

4 (ii) in the heading by striking ‘‘IMMI5 GRATION AND NATURALIZATION SERV6 ICE’’ and inserting ‘‘DEPARTMENT OF

7 HOMELAND SECURITY’’. 

8 (B) CONFORMING AMENDMENT.—Section 

9 2 of the Personal Responsibility and Work Op10 portunity Reconciliation Act of 1996 (8 U.S.C. 

11 1642) is amended by striking the item related 

12 to section 434 and inserting the following: 

‘‘Sec. 434. Communication between State and local government agencies and 

the Department of Homeland Security.’’. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated such sums as may be nec15 essary to carry out the requirements of this section. 

16 SEC. 213. LISTING OF IMMIGRATION VIOLATORS IN THE NA17 TIONAL CRIME INFORMATION CENTER DATA18 BASE. 

19 (a) PROVISION OF INFORMATION TO THE NATIONAL

20 CRIME INFORMATION CENTER.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, the Sec23 retary of Homeland Security shall provide to the 

24 head of the National Crime Information Center of 


sroberts on PROD1PC70 with BILLS
27 

•S 2377 IS

1 the Department of Justice the information that the 

2 Secretary of Homeland Security has or maintains re3 lated to any 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)(2) or 

10 (b)(2) of section 240B of the Immigration and 

11 Nationality Act (8 U.S.C. 1229c) or who has 

12 violated a condition of a voluntary departure 

13 agreement under such section 240B; 

14 (C) detained by a Federal, State, or local 

15 law enforcement agency whom a Federal immi16 gration officer has confirmed to be unlawfully 

17 present in the United States but, in the exercise 

18 of discretion, has been released from detention 

19 without transfer into the custody of a Federal 

20 immigration officer; 

21 (D) who has remained in the United States 

22 beyond the alien’s authorized period of stay; 

23 and 

24 (E) whose visa has been revoked. 


sroberts on PROD1PC70 with BILLS
28 

•S 2377 IS

1 (2) REMOVAL OF INFORMATION.—The head of 

2 the National Crime Information Center should 

3 promptly remove any information provided by the 

4 Secretary of Homeland Security under paragraph 

5 (1) related to an alien who is granted lawful author6 ity to enter or remain legally in the United States. 

7 (b) INCLUSION OF INFORMATION IN THE NATIONAL

8 CRIME INFORMATION CENTER DATABASE.—Section 

9 534(a) of title 28, United States Code, is amended— 

10 (1) in paragraph (3), by striking ‘‘and’’ at the 

11 end; 

12 (2) by redesignating paragraph (4) as para13 graph (5); and 

14 (3) by inserting after paragraph (3) the fol15 lowing new paragraph: 

16 ‘‘(4) acquire, collect, classify, and preserve 

17 records of violations of the immigration laws of the 

18 United States, regardless of whether the alien has 

19 received notice of the violation or the alien has al20 ready been removed; and’’. 

21 SEC. 214. DETERMINATION OF IMMIGRATION STATUS OF 

22 INDIVIDUALS CHARGED WITH FEDERAL OF23 FENSES. 

24 (a) RESPONSIBILITY OF UNITED STATES ATTOR25 NEYS.—Beginning 2 years after the date of the enactment 


sroberts on PROD1PC70 with BILLS
29 

•S 2377 IS

1 of this Act, the office of the United States attorney that 

2 is prosecuting a criminal case in a Federal court— 

3 (1) shall determine, not later than 30 days 

4 after filing the initial pleadings in the case, whether 

5 each defendant in the case is lawfully present in the 

6 United States (subject to subsequent legal pro7 ceedings to determine otherwise); 

8 (2)(A) if the defendant is determined to be an 

9 alien lawfully present in the United States, shall no10 tify the court in writing of the determination and 

11 the current status of the alien under the Immigra12 tion and Nationality Act (8 U.S.C. 1101 et seq.); 

13 and 

14 (B) if the defendant is determined not to be 

15 lawfully present in the United States, shall notify 

16 the court in writing of the determination, the de17 fendant’s alien status, and, to the extent possible, 

18 the country of origin or legal residence of the de19 fendant; and 

20 (3) ensure that the information described in 

21 paragraph (2) is included in the case file and the 

22 criminal records system of the office of the United 

23 States attorney. 

24 (b) GUIDELINES.—A determination made under sub25 section (a)(1) shall be made in accordance with guidelines 


sroberts on PROD1PC70 with BILLS
30 

•S 2377 IS

1 of the Executive Office for Immigration Review of the De2 partment of Justice. 

3 (c) RESPONSIBILITIES OF FEDERAL COURTS.— 

4 (1) MODIFICATIONS OF RECORDS AND CASE

5 MANAGEMENTS SYSTEMS.—Not later than 2 years 

6 after the date of the enactment of this Act, all Fed7 eral courts that hear criminal cases, or appeals of 

8 criminal cases, shall modify their criminal records 

9 and case management systems, in accordance with 

10 guidelines which the Director of the Administrative 

11 Office of the United States Courts shall establish, so 

12 as to enable accurate reporting of information de13 scribed in subsection (a)(2). 

14 (2) DATA ENTRIES.—Beginning 2 years after 

15 the date of the enactment of this Act, each Federal 

16 court described in paragraph (1) shall enter into its 

17 electronic records the information contained in each 

18 notification to the court under subsection (a)(2). 

19 (d) ANNUAL REPORT TO CONGRESS.—The Director 

20 of the Administrative Office of the United States Courts 

21 shall include, in the annual report filed with the Congress 

22 under section 604 of title 28, United States Code— 

23 (1) statistical information on criminal trials of 

24 aliens in the courts and criminal convictions of 

25 aliens in the lower courts and upheld on appeal, inVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
31 

•S 2377 IS

1 cluding the type of crime in each case and including 

2 information on the legal status of the aliens; and 

3 (2) recommendations on whether additional 

4 court resources are needed to accommodate the vol5 ume of criminal cases brought against aliens in the 

6 Federal courts. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated for each of fiscal years 

9 2007 through 2012, such sums as may be necessary to 

10 carry out this Act. Funds appropriated pursuant to this 

11 subsection in any fiscal year shall remain available until 

12 expended. 

13 Subtitle C—Detention of Aliens and 

14 Reimbursement of Costs 

15 SEC. 221. INCREASE OF FEDERAL DETENTION SPACE AND 

16 THE UTILIZATION OF FACILITIES IDENTIFIED 

17 FOR CLOSURES AS A RESULT OF THE DE18 FENSE BASE CLOSURE REALIGNMENT ACT 

19 OF 1990. 

20 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

21 FACILITIES.— 

22 (1) IN GENERAL.—The Secretary of Homeland 

23 Security shall construct or acquire, in addition to ex24 isting facilities for the detention of aliens, 20 deten25 tion facilities in the United States that have the caVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
32 

•S 2377 IS

1 pacity to detain a combined total of not less than 

2 10,000 individuals at any time for aliens detained 

3 pending removal or a decision on removal of such 

4 aliens from the United States. 

5 (2) DETERMINATION OF LOCATION.—The loca6 tion of any detention facility built or acquired in ac7 cordance with this subsection shall be determined 

8 with the concurrence of the Secretary by the senior 

9 officer responsible for Detention and Removal Oper10 ations in the Department of Homeland Security. 

11 The detention facilities shall be located so as to en12 able the Department to increase to the maximum ex13 tent practicable the annual rate and level of remov14 als of illegal aliens from the United States. 

15 (3) USE OF INSTALLATIONS UNDER BASE CLO16 SURE LAWS.—In acquiring detention facilities under 

17 this subsection, the Secretary of Homeland Security 

18 shall consider the transfer of appropriate portions of 

19 military installations approved for closure or realign20 ment under the Defense Base Closure and Realign21 ment Act of 1990 (10 U.S.C. 2687 note) for use in 

22 accordance with paragraph (1). 

23 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

24 Section 241(g)(1) of the Immigration and Nationality Act 


sroberts on PROD1PC70 with BILLS
33 

•S 2377 IS

1 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex2 pend’’ and inserting ‘‘shall expend’’. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as may be 

5 necessary to carry out this section. 

6 SEC. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE7 HENDED BY STATE OR LOCAL LAW ENFORCE8 MENT. 

9 (a) IN GENERAL.—Title II of the Immigration and 

10 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

11 adding after section 240C the following new section: 

12 ‘‘SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE 

13 TO FEDERAL CUSTODY. 

14 ‘‘(a) IN GENERAL.—If the head of a law enforcement 

15 entity of a State (or, if appropriate, a political subdivision 

16 of the State) exercising authority with respect to the ap17 prehension or arrest of an illegal alien submits a request 

18 to the Secretary of Homeland Security that the alien be 

19 taken into Federal custody, the Secretary of Homeland 

20 Security— 

21 ‘‘(1) shall— 

22 ‘‘(A) deem the request to include the in23 quiry to verify immigration status described in 

24 section 642(c) of the Illegal Immigration Re25 form and Immigrant Responsibility Act of 1996 


sroberts on PROD1PC70 with BILLS
34 

•S 2377 IS

1 (8 U.S.C. 1373(c)), and expeditiously inform 

2 the requesting entity whether such individual is 

3 an illegal alien; and 

4 ‘‘(B) if the individual is an illegal alien, ei5 ther— 

6 ‘‘(i) not later than 72 hours after the 

7 conclusion of the State charging process or 

8 dismissal process, or if no State charging 

9 or dismissal process is required, not later 

10 than 72 hours after the illegal alien is ap11 prehended, take the illegal alien into the 

12 custody of the Federal Government and in13 carcerate the alien; or 

14 ‘‘(ii) request that the relevant State or 

15 local law enforcement agency temporarily 

16 detain or transport the illegal alien to a lo17 cation for transfer to Federal custody; and 

18 ‘‘(2) shall designate at least 1 Federal, State, 

19 or local prison or jail or a private contracted prison 

20 or detention facility within each State as the central 

21 facility for that State to transfer custody of criminal 

22 or illegal aliens to the Department of Homeland Se23 curity. 

24 ‘‘(b) REIMBURSEMENT.— 


sroberts on PROD1PC70 with BILLS
35 

•S 2377 IS

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

2 Security shall reimburse a State or a political sub3 division of a State for expenses, as verified by the 

4 Secretary of Homeland Security, incurred by the 

5 State or political subdivision in the detention and 

6 transportation of a criminal or illegal alien as de7 scribed in subparagraphs (A) and (B) of subsection 

8 (a)(1). 

9 ‘‘(2) COST COMPUTATION.—Compensation pro10 vided for costs incurred under subparagraphs (A) 

11 and (B) of subsection (a)(1) shall be— 

12 ‘‘(A) the product of— 

13 ‘‘(i) the average daily cost of incarcer14 ation of a prisoner in the relevant State, as 

15 determined by the chief executive officer of 

16 a State (or, as appropriate, a political sub17 division of the State); multiplied by 

18 ‘‘(ii) the number of days that the alien 

19 was in the custody of the State or political 

20 subdivision; plus 

21 ‘‘(B) the cost of transporting the criminal 

22 or illegal alien from the point of apprehension 

23 or arrest to the location of detention, and if the 

24 location of detention and of custody transfer 

25 are different, to the custody transfer point; plus 


sroberts on PROD1PC70 with BILLS
36 

•S 2377 IS

1 ‘‘(C) the cost of uncompensated emergency 

2 medical care provided to a detained illegal alien 

3 during the period between the time of trans4 mittal of the request described in subsection (a) 

5 and the time of transfer into Federal custody. 

6 ‘‘(c) REQUIREMENT FOR APPROPRIATE SECURITY.— 

7 The Secretary of Homeland Security shall ensure that ille8 gal aliens incarcerated in a Federal facility pursuant to 

9 this subsection are held in facilities which provide an ap10 propriate level of security, and that, where practicable, 

11 aliens detained solely for civil violations of Federal immi12 gration law are separated within a facility or facilities. 

13 ‘‘(d) REQUIREMENT FOR SCHEDULE.—In carrying 

14 out this section, the Secretary of Homeland Security shall 

15 establish a regular circuit and schedule for the prompt 

16 transportation of apprehended illegal aliens from the cus17 tody of those States and political subdivisions of States 

18 which routinely submit requests described in subsection 

19 (a) into Federal custody. 

20 ‘‘(e) AUTHORITY FOR CONTRACTS.— 

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

22 Security may enter into contracts or cooperative 

23 agreements with appropriate State and local law en24 forcement and detention agencies to implement this 

25 section. 


sroberts on PROD1PC70 with BILLS
37 

•S 2377 IS

1 ‘‘(2) DETERMINATION BY SECRETARY.—Prior 

2 to entering into a contract or cooperative agreement 

3 with a State or political subdivision of a State under 

4 paragraph (1), the Secretary shall determine wheth5 er the State, or where appropriate, the political sub6 division in which the agencies are located has in 

7 place any formal or informal policy that violates sec8 tion 642 of the Illegal Immigration Reform and Im9 migrant Responsibility Act of 1996 (8 U.S.C. 1373). 

10 The Secretary shall not allocate any of the funds 

11 made available under this section to any State or po12 litical subdivision that has in place a policy that vio13 lates such section. 

14 ‘‘(f) ILLEGAL ALIEN DEFINED.—In this section, the 

15 term ‘illegal alien’ means an alien who— 

16 ‘‘(1) entered the United States without inspec17 tion or at any time or place other than that des18 ignated by the Secretary of Homeland Security; 

19 ‘‘(2) was admitted as a nonimmigrant and who, 

20 at the time the alien was taken into custody by the 

21 State or a political subdivision of the State, had 

22 failed to— 

23 ‘‘(A) maintain the nonimmigrant status in 

24 which the alien was admitted or to which it was 

25 changed under section 248; or 


sroberts on PROD1PC70 with BILLS
38 

•S 2377 IS

1 ‘‘(B) comply with the conditions of any 

2 such status; 

3 ‘‘(3) was admitted as an immigrant and has 

4 subsequently failed to comply with the requirements 

5 of that status; or 

6 ‘‘(4) failed to depart the United States under a 

7 voluntary departure agreement or under a final 

8 order of removal.’’. 

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. 223. INSTITUTIONAL REMOVAL PROGRAM. 

18 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

19 (1) CONTINUATION.—The Secretary of Home20 land Security shall continue to operate the Institu21 tional Removal Program or develop and implement 

22 any other program to— 

23 (A) identify removable criminal aliens in 

24 Federal and State correctional facilities; 


sroberts on PROD1PC70 with BILLS
39 

•S 2377 IS

1 (B) ensure that such aliens are not re2 leased into the community; and 

3 (C) remove such aliens from the United 

4 States after the completion of their sentences. 

5 (2) EXPANSION.—The Secretary of Homeland 

6 Security shall extend the institutional removal pro7 gram to all States. Each State should— 

8 (A) cooperate with officials of the Federal 

9 Institutional Removal Program; 

10 (B) expeditiously and systematically iden11 tify criminal aliens in its prison and jail popu12 lations; and 

13 (C) promptly convey the information col14 lected under subparagraph (B) to officials of 

15 the Institutional Removal Program. 

16 (b) IMPLEMENTATION OF COOPERATIVE INSTITU17 TIONAL REMOVAL PROGRAMS.—Section 642 of the Illegal 

18 Immigration Reform and Immigrant Responsibility Act of 

19 1996 (8 U.S.C. 1373), is amended by adding at the end 

20 the following: 

21 ‘‘(d) AUTHORIZATION FOR DETENTION AFTER COM22 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

23 enforcement officers of a State or political subdivision of 

24 a State are authorized to— 


sroberts on PROD1PC70 with BILLS
40 

•S 2377 IS

1 ‘‘(1) hold an illegal alien for a period of up to 

2 14 days after the alien has completed the alien’s 

3 State prison sentence in order to effectuate the 

4 transfer of the alien to Federal custody when the 

5 alien is removable or not lawfully present in the 

6 United States; or 

7 ‘‘(2) issue a detainer that would allow aliens 

8 who have served a State prison sentence to be de9 tained by the State prison until personnel from the 

10 Bureau of Immigration and Customs Enforcement 

11 can take the alien into custody. 

12 ‘‘(e) TECHNOLOGY USAGE.—Technology such as 

13 videoconferencing shall be used to the maximum extent 

14 practicable in order to make the Institutional Removal 

15 Program available in remote locations. Mobile access to 

16 Federal databases of aliens, such as the automated bio17 metric fingerprint identification system (IDENT) of the 

18 Department of Homeland Security, and live scan tech19 nology shall be used to the maximum extent practicable 

20 in order to make these resources available to State and 

21 local law enforcement agencies in remote locations. 

22 ‘‘(f) REPORT TO CONGRESS.—Not later than 1 year 

23 after the date of the enactment of the Border Security 

24 and Interior Enforcement Improvement Act of 2006, the 

25 Secretary of Homeland Security shall submit to Congress 


sroberts on PROD1PC70 with BILLS
41 

•S 2377 IS

1 a report on the participation of States in the Institutional 

2 Removal Program and in any other program carried out 

3 under subsection (a). 

4 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated to carry out the Institu6 tional Removal Program— 

7 ‘‘(1) $30,000,000 for fiscal year 2007; 

8 ‘‘(2) $40,000,000 for fiscal year 2008; 

9 ‘‘(3) $50,000,000 for fiscal year 2009; 

10 ‘‘(4) $60,000,000 for fiscal year 2010; and 

11 ‘‘(5) $70,000,000 for fiscal year 2011 and each 

12 fiscal year thereafter.’’. 

13 Subtitle D—State, Local, and Tribal 

14 Enforcement of Immigration Laws 

15 SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION 

16 LAW ENFORCEMENT AUTHORITY BY STATES 

17 AND POLITICAL SUBDIVISIONS OF STATES. 

18 Notwithstanding any other provision of law and re19 affirming the existing inherent authority of States, law en20 forcement personnel of a State or a political subdivision 

21 of a State have the inherent authority of a sovereign entity 

22 to investigate, identify, apprehend, arrest, detain, or 

23 transfer to Federal custody aliens in the United States 

24 (including the transportation of such aliens across State 

25 lines to detention centers), for the purpose of assisting in 


sroberts on PROD1PC70 with BILLS
42 

•S 2377 IS

1 the enforcement of the immigration laws of the United 

2 States in the normal course of carrying out the law en3 forcement duties of such personnel. This State authority 

4 has never been displaced or preempted by a Federal law. 

5 SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF 

6 STATE AND LOCAL LAW ENFORCEMENT PER7 SONNEL. 

8 (a) TRAINING MANUAL AND POCKET GUIDE.— 

9 (1) ESTABLISHMENT.—Not later than 180 days 

10 after the date of the enactment of this Act, the Sec11 retary of Homeland Security shall establish— 

12 (A) a training manual for law enforcement 

13 personnel of a State or political subdivision of 

14 a State to train such personnel in the investiga15 tion, identification, apprehension, arrest, deten16 tion, and transfer to Federal custody of aliens 

17 in the United States (including the transpor18 tation of such aliens across State lines to deten19 tion centers and the identification of fraudulent 

20 documents); and 

21 (B) an immigration enforcement pocket 

22 guide for law enforcement personnel of a State 

23 or political subdivision of a State to provide a 

24 quick reference for such personnel in the course 

25 of duty. 


sroberts on PROD1PC70 with BILLS
43 

•S 2377 IS

1 (2) AVAILABILITY.—The training manual and 

2 pocket guide established in accordance with para3 graph (1) shall be made available to all State and 

4 local law enforcement personnel. 

5 (3) APPLICABILITY.—Nothing in this sub6 section shall be construed to require State or local 

7 law enforcement personnel to carry the training 

8 manual or pocket guide established in accordance 

9 with paragraph (1) with them while on duty. 

10 (4) COSTS.—The Secretary of Homeland Secu11 rity shall be responsible for any and all costs in12 curred in establishing the training manual and pock13 et guide under this subsection. 

14 (b) TRAINING FLEXIBILITY.— 

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

16 Security shall make training of State and local law 

17 enforcement officers available through as many 

18 means as possible, including residential training at 

19 the Center for Domestic Preparedness of the De20 partment of Homeland Security, on-site training 

21 held at State or local police agencies or facilities, on22 line training courses by computer, teleconferencing, 

23 and videotape, or the digital video display (DVD) of 

24 a training course or courses. 


sroberts on PROD1PC70 with BILLS
44 

•S 2377 IS

1 (2) ONLINE TRAINING.—The head of the Dis2 tributed Learning Program of the Federal Law En3 forcement Training Center shall make training avail4 able for State and local law enforcement personnel 

5 via the Internet through a secure, encrypted distrib6 uted learning system that has all its servers based 

7 in the United States. 

8 (3) FEDERAL PERSONNEL TRAINING.—The 

9 training of State and local law enforcement per10 sonnel under this section shall not displace the train11 ing of Federal personnel. 

12 (c) COOPERATIVE ENFORCEMENT PROGRAMS.—Not 

13 later than 2 years after the date of the enactment of this 

14 Act, the Secretary shall negotiate and execute, where prac15 ticable, a cooperative enforcement agreement described in 

16 section 287(g) of the Immigration and Nationality Act (8 

17 U.S.C. 1357(g)) with at least 1 law enforcement agency 

18 in each State, to train law enforcement officers in the de19 tection and apprehension of individuals engaged in trans20 porting, harboring, sheltering, or encouraging aliens in 

21 violation of section 274 of such Act (8 U.S.C. 1324). 

22 (d) DURATION OF TRAINING.—Section 287(g)(2) of 

23 the Immigration and Nationalization Act (8 U.S.C. 

24 1357(g)(2)) is amended by adding at the end ‘‘Such trainVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
45 

•S 2377 IS

1 ing may not exceed 14 days or 80 hours of classroom 

2 training.’’. 

3 (e) CLARIFICATION.—Nothing in this Act or any 

4 other provision of law shall be construed as making any 

5 immigration-related training a requirement for, or pre6 requisite to, any State or local law enforcement officer ex7 ercising the inherent authority of the officer to investigate, 

8 identify, apprehend, arrest, detain, or transfer to Federal 

9 custody illegal aliens during the normal course of carrying 

10 out the law enforcement duties of the officer. 

11 (f) TECHNICAL AMENDMENTS.—Section 287(g) of 

12 the Immigration and Nationality Act (8 U.S.C. 1357(g)) 

13 is amended by striking ‘‘Attorney General’’ each place it 

14 appears and inserting ‘‘Secretary of Homeland Security’’. 

15 SEC. 233. IMMUNITY. 

16 (a) PERSONAL IMMUNITY.—Notwithstanding any 

17 other provision of law, a law enforcement officer of a 

18 State, or of a political subdivision of a State, shall be im19 mune, to the same extent as a Federal law enforcement 

20 officer, from personal liability arising out of the enforce21 ment of any immigration law. The immunity provided by 

22 this subsection shall only apply to an officer of a State, 

23 or of a political subdivision of a State, who is acting within 

24 the scope of such officer’s official duties. 


sroberts on PROD1PC70 with BILLS
46 

•S 2377 IS

1 (b) AGENCY IMMUNITY.—Notwithstanding any other 

2 provision of law, a law enforcement agency of a State, or 

3 of a political subdivision of a State, shall be immune from 

4 any claim for money damages based on Federal, State, 

5 or local civil rights law for an incident arising out of the 

6 enforcement of any immigration law, except to the extent 

7 that the law enforcement officer of such agency, whose ac8 tion the claim involves, committed a violation of Federal, 

9 State, or local criminal law in the course of enforcing such 

10 immigration law. 

11 TITLE III—VISA REFORM AND 

12 ALIEN STATUS 

13 Subtitle A—Limitations on Visa 

14 Issuance and Validity 

15 SEC. 301. CURTAILMENT OF VISAS FOR ALIENS FROM 

16 COUNTRIES DENYING OR DELAYING REPA17 TRIATION OF NATIONALS. 

18 (a) IN GENERAL.—Section 243 of the Immigration 

19 and Nationality Act (8 U.S.C. 1253) is amended by add20 ing at the end the following new subsection: 

21 ‘‘(e) PUBLIC LISTING OF ALIENS WITH NO SIGNIFI22 CANT LIKELIHOOD OF REMOVAL.— 

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

24 Security shall establish and maintain a public listing 

25 of every alien who is subject to a final order of reVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
47 

•S 2377 IS

1 moval and with respect to whom the Secretary or 

2 any Federal court has determined that there is no 

3 significant likelihood of removal in the reasonably 

4 foreseeable future due to the refusal, or unreason5 able delay, of all countries designated by the alien 

6 under this section to receive the alien. The public 

7 listing shall indicate whether such alien has been re8 leased from Federal custody, and the city and State 

9 in which such alien resides. 

10 ‘‘(2) DISCONTINUATION OF VISAS.—If 25 or 

11 more of the citizens, subjects, or nationals of any 

12 foreign state remain on the public listing described 

13 in paragraph (1) throughout any month— 

14 ‘‘(A) such foreign state shall be deemed to 

15 have denied or unreasonably delayed the accept16 ance of such aliens; 

17 ‘‘(B) the Secretary of Homeland Security 

18 shall make the notification to the Secretary of 

19 State prescribed in subsection (d) of this sec20 tion; and 

21 ‘‘(C) the Secretary of State shall dis22 continue the issuance of nonimmigrant visas to 

23 citizens, subjects, or nationals of such foreign 

24 state until such time as the number of aliens on 

25 the public listing from such foreign state has— 


sroberts on PROD1PC70 with BILLS
48 

•S 2377 IS

1 ‘‘(i) declined to fewer than 6; or 

2 ‘‘(ii) remained below 25 for at least 

3 30 days.’’. 

4 (b) TECHNICAL AMENDMENT.—Section 243 of the 

5 Immigration and Nationality Act (8 U.S.C. 1253) is 

6 amended— 

7 (1) in subsection (a)(1)(D), by inserting ‘‘or the 

8 Secretary of Homeland Security’’ after ‘‘Attorney 

9 General’’; 

10 (2) in subsection (c)— 

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

12 place it appears and inserting ‘‘Secretary of 

13 Homeland Security’’; and 

14 (B) by striking ‘‘Commissioner’’ and in15 serting ‘‘Secretary’’; and 

16 (3) in subsection (d)— 

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

18 place it appears and inserting ‘‘Secretary of 

19 Homeland Security’’; and 

20 (B) by inserting ‘‘of State’’ after ‘‘notifies 

21 the Secretary’’. 

22 SEC. 302. JUDICIAL REVIEW OF VISA REVOCATION. 

23 Section 221(i) of the Immigration and Nationality 

24 Act (8 U.S.C. 1201(i)) is amended by striking ‘‘, except 

25 in the context of a removal proceeding if such revocation 


sroberts on PROD1PC70 with BILLS
49 

•S 2377 IS

1 provides the sole ground for removal under section 

2 237(a)(1)(B)’’. 

3 SEC. 303. ELIMINATION OF DIVERSITY IMMIGRANT PRO4 GRAM. 

5 (a) WORLDWIDE LEVEL OF DIVERSITY IMMI6 GRANTS.—Section 201 of the Immigration and Nation7 ality Act (8 U.S.C. 1151) is amended— 

8 (1) in subsection (a)— 

9 (A) by inserting ‘‘and’’ at the end of para10 graph (1); 

11 (B) by striking ‘‘; and’’ at the end of para12 graph (2) and inserting a period; and 

13 (C) by striking paragraph (3); and 

14 (2) by striking subsection (e). 

15 (b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.— 

16 Section 203 of such Act (8 U.S.C. 1153) is amended— 

17 (1) by striking subsection (c); 

18 (2) in subsection (d), by striking ‘‘(a), (b), or 

19 (c),’’ and inserting ‘‘(a) or (b),’’; 

20 (3) in subsection (e), by striking paragraph (2) 

21 and redesignating paragraph (3) as paragraph (2); 

22 (4) in subsection (f), by striking ‘‘(a), (b), or 

23 (c)’’ and inserting ‘‘(a) or (b)’’; and 

24 (5) in subsection (g), by striking ‘‘(a), (b), and 

25 (c)’’ and inserting ‘‘(a) and (b)’’. 


sroberts on PROD1PC70 with BILLS
50 

•S 2377 IS

1 (c) PROCEDURE FOR GRANTING IMMIGRANT STA2 TUS.—Section 204 of such Act (8 U.S.C. 1154) is amend3 ed— 

4 (1) by striking subsection (a)(1)(I); and 

5 (2) in subsection (e), by striking ‘‘(a), (b), or 

6 (c)’’ and inserting ‘‘(a) or (b)’’. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on October 1, 2006. 

9 SEC. 304. COMPLETION OF BACKGROUND AND SECURITY 

10 CHECKS. 

11 Section 103 of the Immigration and Nationality Act 

12 (8 U.S.C. 1103) is amended by adding at the end the fol13 lowing new subsection: 

14 ‘‘(i) Notwithstanding any other provision of law, the 

15 Secretary of Homeland Security, the Attorney General, or 

16 any court shall not— 

17 ‘‘(1) grant or order the grant of adjustment of 

18 status to that of an alien lawfully admitted for per19 manent residence; 

20 ‘‘(2) grant or order the grant of any other sta21 tus, relief, protection from removal, or other benefit 

22 under the immigration laws; or 

23 ‘‘(3) issue any documentation evidencing or re24 lated to such grant by the Attorney General, the 

25 Secretary, or any court, 


sroberts on PROD1PC70 with BILLS
51 

•S 2377 IS

1 until such background and security checks as the Sec2 retary may in his discretion require have been completed 

3 to the satisfaction of the Secretary.’’. 

4 SEC. 305. NATURALIZATION AND GOOD MORAL CHAR5 ACTER. 

6 (a) NATURALIZATION REFORM.— 

7 (1) BARRING TERRORISTS FROM NATURALIZA8 TION.—Section 316 of the Immigration and Nation9 ality Act (8 U.S.C. 1427) is amended by adding at 

10 the end the following new subsection: 

11 ‘‘(g) No person shall be naturalized who the Sec12 retary of Homeland Security determines, in the Sec13 retary’s discretion, to have been at any time an alien de14 scribed in section 212(a)(3) or 237(a)(4). Such determina15 tion may be based upon any relevant information or evi16 dence, including classified, sensitive, or national security 

17 information, and shall be binding upon, and unreviewable 

18 by, any court exercising jurisdiction under the immigra19 tion laws over any application for naturalization, regard20 less whether such jurisdiction to review a decision or ac21 tion of the Secretary is de novo or otherwise.’’. 

22 (2) CONCURRENT NATURALIZATION AND RE23 MOVAL PROCEEDINGS.—The last sentence of section 

24 318 of such Act (8 U.S.C. 1429) is amended— 


sroberts on PROD1PC70 with BILLS
52 

•S 2377 IS

1 (A) by striking ‘‘shall be considered by the 

2 Attorney General’’ and inserting ‘‘shall be con3 sidered by the Secretary of Homeland Security 

4 or any court’’; 

5 (B) by striking ‘‘pursuant to a warrant of 

6 arrest issued under the provisions of this or any 

7 other Act:’’ and inserting ‘‘or other proceeding 

8 to determine the applicants inadmissibility or 

9 deportability, or to determine whether the appli10 cants lawful permanent resident status should 

11 be rescinded, regardless of when such pro12 ceeding was commenced:’’; and 

13 (C) by striking ‘‘upon the Attorney Gen14 eral’’ and inserting ‘‘upon the Secretary of 

15 Homeland Security’’. 

16 (3) PENDING DENATURALIZATION OR REMOVAL

17 PROCEEDINGS.—Section 204(b) of such Act (8 

18 U.S.C. 1154(b)) is amended by adding at the end 

19 ‘‘No petition shall be approved pursuant to this sec20 tion if there is any administrative or judicial pro21 ceeding (whether civil or criminal) pending against 

22 the petitioner that could (whether directly or indi23 rectly) result in the petitioner’s denaturalization or 

24 the loss of the petitioner’s lawful permanent resident 

25 status.’’. 


sroberts on PROD1PC70 with BILLS
53 

•S 2377 IS

1 (4) CONDITIONAL PERMANENT RESIDENTS.— 

2 Section 216(e) of such Act (8 U.S.C. 1186a(e)) and 

3 section 216A(e) of such Act (8 U.S.C. 1186b(e)) are 

4 each amended by inserting before the period at the 

5 end of each such section ‘‘, if the alien has had the 

6 conditional basis removed under this section’’. 

7 (5) DISTRICT COURT JURISDICTION.—Section 

8 336(b) of such Act (8 U.S.C. 1447(b)) is amended 

9 to read as follows: 

10 ‘‘(b) If there is a failure to render a final administra11 tive decision under section 335 before the end of the 180- 

12 day period after the date on which the Secretary of Home13 land Security completes all examinations and interviews 

14 conducted under such section (as such terms are defined 

15 in regulations issued by the Secretary), the applicant may 

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

17 applicant resides for a hearing on the matter. Such court 

18 shall only have jurisdiction to review the basis for delay 

19 and remand the matter to the Secretary for the Sec20 retary’s determination on the application.’’. 

21 (6) CONFORMING AMENDMENTS.—Section 

22 310(c) of such Act (8 U.S.C. 1421(c)) is amended— 

23 (A) by inserting ‘‘, not later than 120 days 

24 after the date of the Secretary’s final deter25 mination’’ before ‘‘seek’’; and 


sroberts on PROD1PC70 with BILLS
54 

•S 2377 IS

1 (B) by striking the second sentence and in2 serting ‘‘The burden shall be upon the peti3 tioner to show that the Secretary’s denial of the 

4 application was not supported by facially legiti5 mate and bona fide reasons. Except in a pro6 ceeding under section 340, notwithstanding any 

7 other provision of law, including section 2241 of 

8 title 28, United States Code, or any other ha9 beas corpus provision, and sections 1361 and 

10 1651 of such title, no court shall have jurisdic11 tion to determine, or to review a determination 

12 of the Secretary made at any time regarding, 

13 for purposes of an application for naturaliza14 tion, whether an alien is a person of good moral 

15 character, whether an alien understands and is 

16 attached to the principles of the Constitution of 

17 the United States, or whether an alien is well 

18 disposed to the good order and happiness of the 

19 United States.’’. 

20 (7) EFFECTIVE DATE.—The amendments made 

21 by this subsection shall take effect on the date of the 

22 enactment of this Act, shall apply to any act that oc23 curred before, on, or after such date, and shall apply 

24 to any application for naturalization or any other 


sroberts on PROD1PC70 with BILLS
55 

•S 2377 IS

1 case or matter under the immigration laws pending 

2 on, or filed on or after, such date. 

3 (b) BA R TO GOOD MORAL CHARACTER.— 

4 (1) IN GENERAL.—Section 101(f) of the Immi5 gration and Nationality Act (8 U.S.C. 1101(f)) is 

6 amended— 

7 (A) by inserting after paragraph (1) the 

8 following new paragraph: 

9 ‘‘(2) one who the Secretary of Homeland Secu10 rity or the Attorney General determines, in the 

11 unreviewable discretion of the Secretary or the At12 torney General, to have been at any time an alien 

13 described in section 212(a)(3) or section 237(a)(4), 

14 which determination may be based upon any rel15 evant information or evidence, including classified, 

16 sensitive, or national security information, and which 

17 shall be binding upon any court regardless of the ap18 plicable standard of review;’’; 

19 (B) in paragraph (8), by inserting ‘‘, re20 gardless whether the crime was classified as an 

21 aggravated felony at the time of conviction’’ 

22 after ‘‘(as defined in subsection (a)(43))’’; and 

23 (C) by striking the first sentence in the 

24 undesignated paragraph following paragraph 

25 (9) and inserting ‘‘The fact that any person is 


sroberts on PROD1PC70 with BILLS
56 

•S 2377 IS

1 not within any of the foregoing classes shall not 

2 preclude a discretionary finding for other rea3 sons that such a person is or was not of good 

4 moral character. The Secretary and the Attor5 ney General shall not be limited to the appli6 cant’s conduct during the period for which good 

7 moral character is required, but may take into 

8 consideration as a basis for determination the 

9 applicant’s conduct and acts at any time.’’. 

10 (2) AGGRAVATED FELONY EFFECTIVE DATE.— 

11 Section 509(b) of the Immigration Act of 1990 

12 (Public Law 101–649), as amended by section 

13 306(a)(7) of the Miscellaneous and Technical Immi14 gration and Naturalization Amendments of 1991 

15 (Public Law 102–232)), is amended to read as fol16 lows: 

17 ‘‘(b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall take effect on November 29, 1990, 

19 and shall apply to convictions occurring before, on, or 

20 after such date.’’. 

21 (3) TECHNICAL CORRECTION TO THE INTEL22 LIGENCE REFORM ACT.—Section 5504(2) of the In23 telligence Reform and Terrorism Prevention Act of 

24 2004 (Public Law 108–458; 118 Stat. 3741) is 

25 amended by striking ‘‘adding at the end’’ and insertVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
57 

•S 2377 IS

1 ing ‘‘inserting after paragraph (8) and before the 

2 undesignated paragraph at the end’’. 

3 (4) EFFECTIVE DATES.— 

4 (A) IN GENERAL.—The amendments made 

5 by paragraphs (1) and (2) shall take effect on 

6 the date of the enactment of this Act, shall 

7 apply to any act that occurred before, on, or 

8 after such date, and shall apply to any applica9 tion for naturalization or any other benefit or 

10 relief or any other case or matter under the im11 migration laws pending on, or filed on or after, 

12 such date; or 

13 (B) INTELLIGENCE REFORM AND TER14 RORISM PREVENTION ACT OF 2004.—The 

15 amendments made by paragraph (3) shall take 

16 effect as if included in the enactment of the In17 telligence Reform and Terrorism Prevention Act 

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

19 3638). 

20 SEC. 306. DENIAL OF BENEFITS TO TERRORISTS AND 

21 CRIMINALS. 

22 (a) IN GENERAL.—Chapter 2 of title II of the Immi23 gration and Nationality Act (8 U.S.C. 1181 et seq.) is 

24 amended by adding at the end the following new section: 


sroberts on PROD1PC70 with BILLS
58 

•S 2377 IS

1 ‘‘SEC. 219A. PROHIBITION ON PROVIDING IMMIGRATION 

2 BENEFITS TO CERTAIN ALIENS. 

3 ‘‘Nothing in this Act or any other provision of law 

4 shall permit the Secretary of Homeland Security, the At5 torney General, the Secretary of State, the Secretary of 

6 Labor, or any other authorized head of any agency to 

7 grant any application, approve any petition, or grant or 

8 continue any status or benefit under the immigration laws 

9 by, to, or on behalf of— 

10 ‘‘(1) any alien described in subparagraphs 

11 (A)(i), (A)(iii), (B), or (F) of sections 212(a)(3) or 

12 subparagraphs (A)(i), (A)(iii), or (B) of section 

13 237(a)(4); 

14 ‘‘(2) any alien with respect to whom a criminal 

15 or other investigation or case is pending that is ma16 terial to the alien’s inadmissibility, deportability, or 

17 eligibility for the status or benefit sought; or 

18 ‘‘(3) any alien for whom all law enforcement 

19 checks, as deemed appropriate by such authorized 

20 official, have not been conducted and resolved.’’. 

21 (b) INADMISSIBILITY ON SECURITY AND RELATED

22 GROUNDS.—Section 212(a)(3)(B)(ii)(I) of the Immigra23 tion and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)(I)) 

24 is amended by inserting ‘‘is able to demonstrate, by clear 

25 and convincing evidence, that such spouse or child’’ after 

26 ‘‘who’’. 


sroberts on PROD1PC70 with BILLS
59 

•S 2377 IS

1 SEC. 307. REPEAL OF ADJUSTMENT OF STATUS OF CERTAIN 

2 ALIENS PHYSICALLY PRESENT IN UNITED 

3 STATES UNDER SECTION 245(i). 

4 Section 245(i) of the Immigration and Nationality 

5 Act (8 U.S.C. 1255(i)) is repealed. 

6 SEC. 308. GROUNDS OF INADMISSIBILITY AND REMOV7 ABILITY FOR PERSECUTORS. 

8 (a) GENERAL CLASSES OF ALIENS INELIGIBLE TO

9 RECEIVE VISAS AND INELIGIBLE FOR ADMISSION.— 

10 (1) PERSECUTION.—Section 212(a)(3)(E) of 

11 the Immigration and Nationality Act (8 U.S.C. 

12 1182(a)(3)(E)) is amended— 

13 (A) in the header, by striking ‘‘NAZI’’; and 

14 (B) by inserting after clause (iii) the fol15 lowing new clause: 

16 ‘‘(iv) PARTICIPATION IN OTHER PER17 SECUTION.—Any alien who ordered, in18 cited, assisted, or otherwise participated in 

19 the persecution of any person on account 

20 of race, religion, nationality, membership 

21 in a particular social group, or political 

22 opinion is inadmissible.’’. 

23 (2) RECOMMENDATIONS BY CONSULAR OFFI24 CERS.—Section 212(d)(3)(A) of the Immigration 

25 and Nationality Act (8 U.S.C. 1182(d)(3)(A)) by 

26 striking ‘‘and clauses (i) and (ii) of paragraph 


sroberts on PROD1PC70 with BILLS
60 

•S 2377 IS

1 (3)(E)’’ both places it appears and inserting ‘‘or 

2 3(E)’’. 

3 (b) GENERAL CLASSES OF DEPORTABLE ALIENS.— 

4 Section 237(a)(4)(D) of the Immigration and Nationality 

5 Act (8 U.S.C. 1227(a)(4)(D)) is amended— 

6 (1) in the header, by striking ‘‘NAZI’’; and 

7 (2) by striking ‘‘or (iii)’’ and inserting ‘‘(iii), or 

8 (iv)’’. 

9 (c) BA R TO GOOD MORAL CHARACTER.—Section 

10 101(f) of the Immigration and Nationality Act (8 U.S.C. 

11 1101(f)) is amended— 

12 (1) in paragraph (8), by striking ‘‘or’’; 

13 (2) in paragraph (9), as added by section 

14 5504(2) of the Intelligence Reform and Terrorism 

15 Prevention Act of 2004 (Public Law 108–458; 118 

16 Stat. 3741), as amended by section 305(b)(3) of this 

17 Act, by striking the period at the end and inserting 

18 a semicolon and ‘‘or’’; and 

19 (3) inserting after paragraph (9), as added by 

20 section 5504(2) of the Intelligence Reform and Ter21 rorism Prevention Act of 2004 (Public Law 108– 

22 458; 118 Stat. 3741), as amended by section 

23 305(b)(3) of this Act, and before the undesignated 

24 paragraph at the end the following new paragraph: 


sroberts on PROD1PC70 with BILLS
61 

•S 2377 IS

1 ‘‘(10) one who at any time has ordered, incited, 

2 assisted, or otherwise participated in the persecution 

3 of any person on account of race, religion, nation4 ality, membership in a particular social group, or po5 litical opinion.’’. 

6 (d) VOLUNTARY DEPARTURE.—Section 240B of the 

7 Immigration and Nationality Act (8 U.S.C. 1229c) is 

8 amended— 

9 (1) in subsection (a)(1), by striking ‘‘deportable 

10 under section 237(a)(2)(A)(iii) or section 

11 237(a)(4)(B)’’ and inserting ‘‘removable under sec12 tion 237(a)(2)(A)(iii), subparagraph (B) or (D) or 

13 section 237(a)(4), or section 212(a)(3)(E).’’; and 

14 (2) in subsection (b)(1)(C), by striking ‘‘deport15 able under section 237(a)(2)(A)(iii) or section 

16 237(a)(4)(B)’’ and inserting ‘‘removable under sec17 tion 237(a)(2)(A)(iii), subparagraph (B) or (D) of 

18 section 237(a)(4), or section 212(a)(3)(E).’’. 

19 (e) AIDING OR ASSISTING CERTAIN ALIENS TO

20 ENTER THE UNITED STATES.—Section 277 of such Act 

21 (8 U.S.C. 1327) is amended by striking ‘‘or 212(a)(3) 

22 (other than subparagraph (E) thereof)’’ and inserting ‘‘, 

23 section 212(a)(3)’’. 


sroberts on PROD1PC70 with BILLS
62 

•S 2377 IS

1 SEC. 309. TECHNICAL CORRECTIONS TO SEVIS REPORTING 

2 REQUIREMENTS. 

3 (a) PROGRAM TO COLLECT INFORMATION RELATING

4 TO NONIMMIGRANT FOREIGN STUDENTS.— 

5 (1) IN GENERAL.—Section 641(a)(4) of the Il6 legal Immigration Reform and Immigrant Responsi7 bility Act of 1996 (8 U.S.C. 1372(a)(4)) is amend8 ed— 

9 (A) by striking ‘‘Not later than 30 days 

10 after the deadline for registering for classes for 

11 an academic term’’ and inserting ‘‘Not later 

12 than the program start date (for new students) 

13 or the next session start date (for continuing 

14 students) of an academic term’’; and 

15 (B) by striking ‘‘shall report to the Immi16 gration and Naturalization Service any failure 

17 of the alien to enroll or to commence participa18 tion.’’ and inserting ‘‘shall report to the Sec19 retary of Homeland Security any failure to en20 roll or to commence participation by the pro21 gram start date or next session start date, as 

22 applicable.’’. 

23 (2) TECHNICAL AND CONFORMING AMEND24 MENTS.— 

25 (A) AUTHORITY OF THE SECRETARY OF

26 HOMELAND SECURITY.—Except as provided in 


sroberts on PROD1PC70 with BILLS
63 

•S 2377 IS

1 subparagraph (B), section 641 of the Illegal 

2 Immigration Reform and Immigrant Responsi3 bility Act of 1996 (8 U.S.C. 1372) is amended 

4 by striking ‘‘Attorney General’’ each place that 

5 term appears and inserting ‘‘Secretary of 

6 Homeland Security’’. 

7 (B) EXCEPTIONS.—Section 641 of the Ille8 gal Immigration Reform and Immigrant Re9 sponsibility Act of 1996 (8 U.S.C. 1372) is 

10 amended— 

11 (i) in subsections (b), (c)(4)(A), 

12 (c)(4)(B), (e)(1), (e)(6), and (g) by insert13 ing ‘‘Secretary of Homeland Security or 

14 the’’ before ‘‘Attorney General’’ each place 

15 that term appears; 

16 (ii) by striking the heading of section 

17 (c)(4)(B) and inserting ‘‘SECRETARY OF

18 HOMELAND SECURITY AND ATTORNEY

19 GENERAL’’; and 

20 (iii) in subsection (f), by inserting 

21 ‘‘the Secretary of Homeland Security,’’ be22 fore ‘‘the Attorney General’’. 

23 (b) CLARIFICATION OF RELEASE OF INFORMA24 TION.—Section 641 of the Illegal Immigration Reform 

25 and Immigrant Responsibility Act of 1996 (8 U.S.C. 


sroberts on PROD1PC70 with BILLS
64 

•S 2377 IS

1 1372), as amended by subsection (a), is further amend2 ed— 

3 (1) in subsection (c)(1)— 

4 (A) in subparagraph (G), by striking 

5 ‘‘and’’ at the end; 

6 (B) in subparagraph (H), by striking the 

7 period and inserting a semicolon and ‘‘and’’; 

8 and 

9 (C) by adding at the end the following new 

10 subparagraph: 

11 ‘‘(I) any other information the Secretary of 

12 Homeland Security determines is necessary.’’; 

13 and 

14 (2) in subsection (c)(2), by adding at the end 

15 ‘‘Approved institutions of higher education or other 

16 approved educational institutions shall release infor17 mation regarding alien students referred to in this 

18 section to the Secretary of Homeland Security as 

19 part of such information collection program or upon 

20 request.’’. 


sroberts on PROD1PC70 with BILLS
65 

•S 2377 IS

1 TITLE IV—WORKPLACE EN2 FORCEMENT AND IDENTI3 FICATION INTEGRITY 

4 Subtitle A—In General 

5 SEC. 401. SHORT TITLE. 

6 This title may be cited as the ‘‘Employment Security 

7 Act of 2006’’. 

8 SEC. 402. FINDINGS. 

9 Congress makes the following findings: 

10 (1) The failure of Federal, State, and local gov11 ernments to control and sanction the unauthorized 

12 employment and unlawful exploitation of illegal alien 

13 workers is a primary cause of illegal immigration. 

14 (2) The use of modern technology not available 

15 in 1986, when the Immigration Reform and Control 

16 Act of 1986 (Public Law 99–603; 100 Stat. 3359) 

17 created the I–9 worker verification system, will en18 able employers to rapidly and accurately verify the 

19 identity and work authorization of their employees 

20 and independent contractors. 

21 (3) The Government and people of the United 

22 States share a compelling interest in protection of 

23 United States employment authorization, income tax 

24 withholding, and social security accounting systems, 

25 against unauthorized access by illegal aliens. 


sroberts on PROD1PC70 with BILLS
66 

•S 2377 IS

1 (4) Limited data sharing between the Depart2 ment of Homeland Security, the Internal Revenue 

3 Service, and the Social Security Administration is 

4 essential to the integrity of these vital programs, 

5 which protect the employment and retirement secu6 rity of all working Americans. 

7 (5) The Federal judiciary must be open to pri8 vate United States citizens, legal foreign workers, 

9 and law-abiding enterprises that seek judicial protec10 tion against injury to their wages and working con11 ditions due to unlawful employment of illegal alien 

12 workers and the United States enterprises that uti13 lize the labor or services provided by illegal aliens, 

14 especially where lack of resources constrains enforce15 ment of Federal immigration law by Federal immi16 gration officials. 

17 Subtitle B—Employment Eligibility 

18 Verification System 

19 SEC. 411. EMPLOYMENT ELIGIBILITY VERIFICATION SYS20 TEM. 

21 (a) IN GENERAL.—Section 274A(b) of the Immigra22 tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 

23 by adding at the end the following: 

24 ‘‘(7) EMPLOYMENT ELIGIBILITY VERIFICATION

25 SYSTEM.— 


sroberts on PROD1PC70 with BILLS
67 

•S 2377 IS

1 ‘‘(A) IN GENERAL.—The Secretary of 

2 Homeland Security shall establish and admin3 ister a verification system, known as the Em4 ployment Eligibility Verification System, 

5 through which the Secretary— 

6 ‘‘(i) responds to inquiries made by 

7 persons at any time through a toll-free 

8 telephone line and other toll-free electronic 

9 media concerning an individual’s identity 

10 and whether the individual is authorized to 

11 be employed; and 

12 ‘‘(ii) maintains records of the inquir13 ies that were made, of verifications pro14 vided (or not provided), and of the codes 

15 provided to inquirers as evidence of their 

16 compliance with their obligations under 

17 this section. 

18 ‘‘(B) INITIAL RESPONSE.—The verification 

19 system shall provide verification or a tentative 

20 nonverification of an individual’s identity and 

21 employment eligibility within 3 working days of 

22 the initial inquiry. If providing verification or 

23 tentative nonverification, the verification system 

24 shall provide an appropriate code indicating 

25 such verification or such nonverification. 


sroberts on PROD1PC70 with BILLS
68 

•S 2377 IS

1 ‘‘(C) SECONDARY VERIFICATION PROCESS

2 IN CASE OF TENTATIVE NONVERIFICATION.—In 

3 cases of tentative nonverification, the Secretary 

4 shall specify, in consultation with the Commis5 sioner of Social Security, an available secondary 

6 verification process to confirm the validity of in7 formation provided and to provide a final 

8 verification or nonverification within 10 working 

9 days after the date of the tentative 

10 nonverification. When final verification or 

11 nonverification is provided, the verification sys12 tem shall provide an appropriate code indicating 

13 such verification or nonverification. 

14 ‘‘(D) DESIGN AND OPERATION OF SYS15 TEM.—The verification system shall be designed 

16 and operated— 

17 ‘‘(i) to maximize its reliability and 

18 ease of use by persons and other entities 

19 consistent with insulating and protecting 

20 the privacy and security of the underlying 

21 information; 

22 ‘‘(ii) to respond to all inquiries made 

23 by such persons and entities on whether 

24 individuals are authorized to be employed 


sroberts on PROD1PC70 with BILLS
69 

•S 2377 IS

1 and to register all times when such inquir2 ies are not received; 

3 ‘‘(iii) with appropriate administrative, 

4 technical, and physical safeguards to pre5 vent unauthorized disclosure of personal 

6 information; and 

7 ‘‘(iv) to have reasonable safeguards 

8 against the system’s resulting in unlawful 

9 discriminatory practices based on national 

10 origin or citizenship status, including— 

11 ‘‘(I) the selective or unauthorized 

12 use of the system to verify eligibility; 

13 ‘‘(II) the use of the system prior 

14 to an offer of employment; or 

15 ‘‘(III) the exclusion of certain in16 dividuals from consideration for em17 ployment as a result of a perceived 

18 likelihood that additional verification 

19 will be required, beyond what is re20 quired for most job applicants. 

21 ‘‘(E) RESPONSIBILITIES OF THE COMMIS22 SIONER OF SOCIAL SECURITY.—As part of the 

23 verification system, the Commissioner of Social 

24 Security, in consultation with the Secretary of 

25 Homeland Security (and any designee of the 


sroberts on PROD1PC70 with BILLS
70 

•S 2377 IS

1 Secretary selected to establish and administer 

2 the verification system), shall establish a reli3 able, secure method, which, within the time pe4 riods specified under subparagraphs (B) and 

5 (C), compares the name and social security ac6 count number provided in an inquiry against 

7 such information maintained by the Commis8 sioner in order to validate (or not validate) the 

9 information provided regarding an individual 

10 whose identity and employment eligibility must 

11 be confirmed, the correspondence of the name 

12 and number, and whether the individual has 

13 presented a social security account number that 

14 is not valid for employment. The Commissioner 

15 shall not disclose or release social security infor16 mation (other than such verification or 

17 nonverification) except as provided for in this 

18 section or section 205(c)(2)(I) of the Social Se19 curity Act. 

20 ‘‘(F) RESPONSIBILITIES OF THE SEC21 RETARY OF HOMELAND SECURITY.—(i) As part 

22 of the verification system, the Secretary of 

23 Homeland Security (in consultation with any 

24 designee of the Secretary selected to establish 

25 and administer the verification system), shall 


sroberts on PROD1PC70 with BILLS
71 

•S 2377 IS

1 establish a reliable, secure method, which, with2 in the time periods specified under subpara3 graphs (B) and (C), compares the name and 

4 alien identification or authorization number 

5 which are provided in an inquiry against such 

6 information maintained by the Secretary in 

7 order to validate (or not validate) the informa8 tion provided, the correspondence of the name 

9 and number, and whether the alien is author10 ized to be employed in the United States. 

11 ‘‘(ii) When a single employer has sub12 mitted to the verification system pursuant to 

13 paragraph (3)(A) the identical social security 

14 account number in more than one instance, or 

15 when multiple employers have submitted to the 

16 verification system pursuant to such paragraph 

17 the identical social security account number, in 

18 a manner which indicates the possible fraudu19 lent use of that number, the Secretary of 

20 Homeland Security shall conduct an investiga21 tion, within the time periods specified in sub22 paragraphs (B) and (C), in order to ensure that 

23 no fraudulent use of a social security account 

24 number has taken place. If the Secretary has 

25 selected a designee to establish and administer 


sroberts on PROD1PC70 with BILLS
72 

•S 2377 IS

1 the verification system, the designee shall notify 

2 the Secretary when a single employer has sub3 mitted to the verification system pursuant to 

4 paragraph (3)(A) the identical social security 

5 account number in more than one instance, or 

6 when multiple employers have submitted to the 

7 verification system pursuant to such paragraph 

8 the identical social security account number, in 

9 a manner which indicates the possible fraudu10 lent use of that number. The designee shall also 

11 provide the Secretary with all pertinent infor12 mation, including the name and address of the 

13 employer or employers who submitted the rel14 evant social security account number, the rel15 evant social security account number submitted 

16 by the employer or employers, and the relevant 

17 name and date of birth of the employee sub18 mitted by the employer or employers. 

19 ‘‘(G) UPDATING INFORMATION.—The 

20 Commissioner of Social Security and the Sec21 retary of Homeland Security shall update their 

22 information in a manner that promotes max23 imum accuracy and shall provide a process for 

24 the prompt correction of erroneous information, 

25 including instances in which it is brought to 


sroberts on PROD1PC70 with BILLS
73 

•S 2377 IS

1 their attention in the secondary verification 

2 process described in subparagraph (C). 

3 ‘‘(H) LIMITATION ON USE OF THE

4 VERIFICATION SYSTEM AND ANY RELATED SYS5 TEMS.—Notwithstanding any other provision of 

6 law, nothing in this subsection shall be con7 strued to permit or allow any department, bu8 reau, or other agency of the United States Gov9 ernment to utilize any information, database, or 

10 other records assembled under this subsection 

11 for any purpose other than the enforcement and 

12 administration of the immigration laws, the So13 cial Security Act, or any provision of Federal 

14 criminal law. 

15 ‘‘(I) FEDERAL TORT CLAIMS ACT.—If an 

16 individual alleges that the individual would not 

17 have been dismissed from a job but for an error 

18 of the verification mechanism, the individual 

19 may seek compensation only through the mech20 anism of the Federal Tort Claims Act, and in21 junctive relief to correct such error. No class 

22 action may be brought under this subpara23 graph. 

24 ‘‘(J) PROTECTION FROM LIABILITY FOR

25 ACTIONS TAKEN ON THE BASIS OF INFORMAVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
74 

•S 2377 IS

1 TION.—No person or entity shall be civilly or 

2 criminally liable for any action taken in good 

3 faith reliance on information provided through 

4 the employment eligibility verification mecha5 nism established under this paragraph.’’. 

6 (b) REPEAL OF PROVISION RELATING TO EVALUA7 TIONS AND CHANGES IN EMPLOYMENT VERIFICATION.— 

8 Section 274A(d) (8 U.S.C. 1324a(d)) is repealed. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect 2 years after the date of the 

11 enactment of this Act. 

12 SEC. 412. EMPLOYMENT ELIGIBILITY VERIFICATION PROC13 ESS. 

14 (a) IN GENERAL.—Section 274A of the Immigration 

15 and Nationality Act (8 U.S.C. 1324a) is amended— 

16 (1) in subsection (a)(3), by inserting ‘‘(A)’’ 

17 after ‘‘DEFENSE.—’’, and by adding at the end the 

18 following: 

19 ‘‘(B) FAILURE TO SEEK AND OBTAIN

20 VERIFICATION.—In the case of a person or entity in 

21 the United States that hires, or continues to employ, 

22 an individual, or recruits or refers an individual for 

23 employment, the following requirements apply: 

24 ‘‘(i) FAILURE TO SEEK VERIFICATION.— 


sroberts on PROD1PC70 with BILLS
75 

•S 2377 IS

1 ‘‘(I) IN GENERAL.—If the person or 

2 entity has not made an inquiry, under the 

3 mechanism established under subsection 

4 (b)(7), seeking verification of the identity 

5 and work eligibility of the individual, by 

6 not later than the end of 3 working days 

7 (as specified by the Secretary of Homeland 

8 Security) after the date of the hiring, the 

9 date specified in subsection (b)(8)(B) for 

10 previously hired individuals, or before the 

11 recruiting or referring commences, the de12 fense under subparagraph (A) shall not be 

13 considered to apply with respect to any 

14 employment, except as provided in sub15 clause (II). 

16 ‘‘(II) SPECIAL RULE FOR FAILURE OF

17 VERIFICATION MECHANISM.—If such a per18 son or entity in good faith attempts to 

19 make an inquiry in order to qualify for the 

20 defense under subparagraph (A) and the 

21 verification mechanism has registered that 

22 not all inquiries were responded to during 

23 the relevant time, the person or entity can 

24 make an inquiry until the end of the first 

25 subsequent working day in which the 


sroberts on PROD1PC70 with BILLS
76 

•S 2377 IS

1 verification mechanism registers no non2 responses and qualify for such defense. 

3 ‘‘(ii) FAILURE TO OBTAIN

4 VERIFICATION.—If the person or entity has 

5 made the inquiry described in clause (i)(I) but 

6 has not received an appropriate verification of 

7 such identity and work eligibility under such 

8 mechanism within the time period specified 

9 under subsection (b)(7)(B) after the time the 

10 verification inquiry was received, the defense 

11 under subparagraph (A) shall not be considered 

12 to apply with respect to any employment after 

13 the end of such time period.’’; 

14 (2) by amending subparagraph (A) of sub15 section (b)(1) to read as follows: 

16 ‘‘(A) IN GENERAL.—The person or entity 

17 must attest, under penalty of perjury and on a 

18 form designated or established by the Secretary 

19 by regulation, that it has verified that the indi20 vidual is not an unauthorized alien by— 

21 ‘‘(i) obtaining from the individual the 

22 individual’s social security account number 

23 and recording the number on the form (if 

24 the individual claims to have been issued 

25 such a number), and, if the individual does 


sroberts on PROD1PC70 with BILLS
77 

•S 2377 IS

1 not attest to United States citizenship 

2 under paragraph (2), obtaining such iden3 tification or authorization number estab4 lished by the Department of Homeland Se5 curity for the alien as the Secretary of 

6 Homeland Security may specify, and re7 cording such number on the form; and 

8 ‘‘(ii)(I) examining a document de9 scribed in subparagraph (B); or 

10 ‘‘(II) examining a document described 

11 in subparagraph (C) and a document de12 scribed in subparagraph (D). 

13 A person or entity has complied with the re14 quirement of this paragraph with respect to ex15 amination of a document if the document rea16 sonably appears on its face to be genuine, rea17 sonably appears to pertain to the individual 

18 whose identity and work eligibility is being 

19 verified, and, if the document bears an expira20 tion date, that expiration date has not elapsed. 

21 If an individual provides a document (or com22 bination of documents) that reasonably appears 

23 on its face to be genuine, reasonably appears to 

24 pertain to the individual whose identity and 

25 work eligibility is being verified, and is suffiVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
78 

•S 2377 IS

1 cient to meet the first sentence of this para2 graph, nothing in this paragraph shall be con3 strued as requiring the person or entity to so4 licit the production of any other document or as 

5 requiring the individual to produce another doc6 ument.’’; 

7 (3) in subsection (b)(1)(D)— 

8 (A) in clause (i), by striking ‘‘or such other 

9 personal identification information relating to 

10 the individual as the Attorney General finds, by 

11 regulation, sufficient for purposes of this sec12 tion’’; and 

13 (B) in clause (ii), by inserting before the 

14 period ‘‘and that contains a photograph of the 

15 individual’’; 

16 (4) in subsection (b)(2), by adding at the end 

17 the following: ‘‘The individual must also provide that 

18 individual’s social security account number (if the 

19 individual claims to have been issued such a num20 ber), and, if the individual does not attest to United 

21 States citizenship under this paragraph, such identi22 fication or authorization number established by the 

23 Department of Homeland Security for the alien as 

24 the Secretary may specify.’’; 


sroberts on PROD1PC70 with BILLS
79 

•S 2377 IS

1 (5) by amending paragraph (3) of subsection 

2 (b) to read as follows: 

3 ‘‘(3) RETENTION OF VERIFICATION FORM AND

4 VERIFICATION.— 

5 ‘‘(A) IN GENERAL.—After completion of 

6 such form in accordance with paragraphs (1) 

7 and (2), the person or entity shall— 

8 ‘‘(i) retain a paper, microfiche, micro9 film, or electronic version of the form and 

10 make it available for inspection by officers 

11 of the Department of Homeland Security, 

12 the Special Counsel for Immigration-Re13 lated Unfair Employment Practices, or the 

14 Department of Labor during a period be15 ginning on the date of the hiring, recruit16 ing, or referral of the individual or the 

17 date of the completion of verification of a 

18 previously hired individual and ending— 

19 ‘‘(I) in the case of the recruiting 

20 or referral of an individual, three 

21 years after the date of the recruiting 

22 or referral; 

23 ‘‘(II) in the case of the hiring of 

24 an individual, the later of— 


sroberts on PROD1PC70 with BILLS
80 

•S 2377 IS

1 ‘‘(aa) three years after the 

2 date of such hiring; or 

3 ‘‘(bb) one year after the 

4 date the individual’s employment 

5 is terminated; and 

6 ‘‘(III) in the case of the 

7 verification of a previously hired indi8 vidual, the later of— 

9 ‘‘(aa) three years after the 

10 date of the completion of 

11 verification; or 

12 ‘‘(bb) one year after the 

13 date the individual’s employment 

14 is terminated; 

15 ‘‘(ii) make an inquiry, as provided in 

16 paragraph (7), using the verification sys17 tem to seek verification of the identity and 

18 employment eligibility of an individual, by 

19 not later than the end of 3 working days 

20 (as specified by the Secretary of Homeland 

21 Security) after the date of the hiring or in 

22 the case of previously hired individuals, the 

23 date specified in subsection (b)(8)(B), or 

24 before the recruiting or referring com25 mences; and 


sroberts on PROD1PC70 with BILLS
81 

•S 2377 IS

1 ‘‘(iii) not commence recruitment or re2 ferral of the individual until the person or 

3 entity receives verification under subpara4 graph (B)(i) or (B)(iii). 

5 ‘‘(B) VERIFICATION.— 

6 ‘‘(i) VERIFICATION RECEIVED.—If the 

7 person or other entity receives an appro8 priate verification of an individual’s iden9 tity and work eligibility under the 

10 verification system within the time period 

11 specified, the person or entity shall record 

12 on the form an appropriate code that is 

13 provided under the system and that indi14 cates a final verification of such identity 

15 and work eligibility of the individual. 

16 ‘‘(ii) TENTATIVE NONVERIFICATION

17 RECEIVED.—If the person or other entity 

18 receives a tentative nonverification of an 

19 individual’s identity or work eligibility 

20 under the verification system within the 

21 time period specified, the person or entity 

22 shall so inform the individual for whom the 

23 verification is sought. If the individual does 

24 not contest the nonverification within the 

25 time period specified, the nonverification 


sroberts on PROD1PC70 with BILLS
82 

•S 2377 IS

1 shall be considered final. The person or en2 tity shall then record on the form an ap3 propriate code which has been provided 

4 under the system to indicate a tentative 

5 nonverification. If the individual does con6 test the nonverification, the individual shall 

7 utilize the process for secondary 

8 verification provided under paragraph (7). 

9 The nonverification will remain tentative 

10 until a final verification or nonverification 

11 is provided by the verification system with12 in the time period specified. In no case 

13 shall an employer terminate employment of 

14 an individual because of a failure of the in15 dividual to have identity and work eligi16 bility confirmed under this section until a 

17 nonverification becomes final. Nothing in 

18 this clause shall apply to a termination of 

19 employment for any reason other than be20 cause of such a failure. 

21 ‘‘(iii) FINAL VERIFICATION OR

22 NONVERIFICATION RECEIVED.—If a final 

23 verification or nonverification is provided 

24 by the verification system regarding an in25 dividual, the person or entity shall record 


sroberts on PROD1PC70 with BILLS
83 

•S 2377 IS

1 on the form an appropriate code that is 

2 provided under the system and that indi3 cates a verification or nonverification of 

4 identity and work eligibility of the indi5 vidual. 

6 ‘‘(iv) EXTENSION OF TIME.—If the 

7 person or other entity in good faith at8 tempts to make an inquiry during the time 

9 period specified and the verification system 

10 has registered that not all inquiries were 

11 received during such time, the person or 

12 entity may make an inquiry in the first 

13 subsequent working day in which the 

14 verification system registers that it has re15 ceived all inquiries. If the verification sys16 tem cannot receive inquiries at all times 

17 during a day, the person or entity merely 

18 has to assert that the entity attempted to 

19 make the inquiry on that day for the pre20 vious sentence to apply to such an inquiry, 

21 and does not have to provide any addi22 tional proof concerning such inquiry. 

23 ‘‘(v) CONSEQUENCES OF

24 NONVERIFICATION.— 


sroberts on PROD1PC70 with BILLS
84 

•S 2377 IS

1 ‘‘(I) TERMINATION OR NOTIFICA2 TION OF CONTINUED EMPLOYMENT.— 

3 If the person or other entity has re4 ceived a final nonverification regard5 ing an individual, the person or entity 

6 may terminate employment of the in7 dividual (or decline to recruit or refer 

8 the individual). If the person or entity 

9 does not terminate employment of the 

10 individual or proceeds to recruit or 

11 refer the individual, the person or en12 tity shall notify the Secretary of 

13 Homeland Security of such fact 

14 through the verification system or in 

15 such other manner as the Secretary 

16 may specify. 

17 ‘‘(II) FAILURE TO NOTIFY.—If 

18 the person or entity fails to provide 

19 notice with respect to an individual as 

20 required under subclause (I), the fail21 ure is deemed to constitute a violation 

22 of subsection (a)(1)(A) with respect to 

23 that individual. 

24 ‘‘(vi) CONTINUED EMPLOYMENT

25 AFTER FINAL NONVERIFICATION.—If the 


sroberts on PROD1PC70 with BILLS
85 

•S 2377 IS

1 person or other entity continues to employ 

2 (or to recruit or refer) an individual after 

3 receiving final nonverification, a rebuttable 

4 presumption is created that the person or 

5 entity has violated subsection (a)(1)(A).’’; 

6 (6) by amending paragraph (4) of subsection 

7 (b) to read as follows: 

8 ‘‘(4) COPYING AND RECORD KEEPING OF DOCU9 MENTATION REQUIRED.— 

10 ‘‘(A) LAWFUL EMPLOYMENT DOCU11 MENTS.—Notwithstanding any other provision 

12 of law, a person or entity shall retain a copy of 

13 each document presented by an individual to 

14 the individual or entity pursuant to this sub15 section. Such copy may only be used (except as 

16 otherwise permitted under law) for the purposes 

17 of complying with the requirements of this sub18 section and shall be maintained for a time pe19 riod to be determined by the Secretary of 

20 Homeland Security. 

21 ‘‘(B) SOCIAL SECURITY CORRESPOND22 ENCE.—A person or entity shall maintain 

23 records of correspondence from the Commis24 sioner of Social Security regarding name and 

25 number mismatches or no-matches and the 


sroberts on PROD1PC70 with BILLS
86 

•S 2377 IS

1 steps taken to resolve such mismatches or no2 matches. The employer shall maintain such 

3 records for a time period to be determined by 

4 the Secretary. 

5 ‘‘(C) OTHER DOCUMENTS.—The Secretary 

6 may, by regulation, require additional docu7 ments to be copied and maintained.’’; and 

8 (7) by amending paragraph (5) of subsection 

9 (b) to read as follows: 

10 ‘‘(5) USE OF ATTESTATION FORM.—A form 

11 designated by the Secretary to be used for compli12 ance with this subsection, and any information con13 tained in or appended to such form, may not be used 

14 for purposes other than for enforcement of this 

15 chapter or of title 18, United States Code.’’. 

16 (b) INVESTIGATION NOT A WARRANTLESS ENTRY.— 

17 Section 287(e) of the Immigration and Nationality Act (8 

18 U.S.C. 1357(e)) is amended by adding at the end the fol19 lowing: ‘‘An investigation authorized pursuant to sub20 sections (b)(7) or (e) of section 274A is not a warrantless 

21 entry.’’. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall take effect 2 years after the date of the 

24 enactment of this Act. 


sroberts on PROD1PC70 with BILLS
87 

•S 2377 IS

1 SEC. 413. EXPANSION OF EMPLOYMENT ELIGIBILITY 

2 VERIFICATION SYSTEM TO PREVIOUSLY 

3 HIRED INDIVIDUALS AND RECRUITING AND 

4 REFERRING. 

5 (a) APPLICATION TO RECRUITING AND REFER6 RING.—Section 274A of the Immigration and Nationality 

7 Act (8 U.S.C. 1324a) is amended— 

8 (1) in subsection (a)(1)(A), by striking ‘‘for a 

9 fee’’; 

10 (2) in subsection (a)(1), by amending subpara11 graph (B) to read as follows: 

12 ‘‘(B) to hire, continue to employ, or to re13 cruit or refer for employment in the United 

14 States an individual without complying with the 

15 requirements of subsection (b).’’; 

16 (3) in subsection (a)(2) by striking ‘‘after hir17 ing an alien for employment in accordance with 

18 paragraph (1),’’ and inserting ‘‘after complying with 

19 paragraph (1),’’; and 

20 (4) in subsection (a)(3), as amended by section 

21 702, is further amended by striking ‘‘hiring,’’ and 

22 inserting ‘‘hiring, employing,’’ each place it appears. 

23 (b) EMPLOYMENT ELIGIBILITY VERIFICATION FOR

24 PREVIOUSLY HIRED INDIVIDUALS.—Section 274A(b) of 

25 such Act (8 U.S.C. 1324a(b)), as amended by section 


sroberts on PROD1PC70 with BILLS
88 

•S 2377 IS

1 411(a), is amended by adding at the end the following new 

2 paragraph: 

3 ‘‘(8) USE OF EMPLOYMENT ELIGIBILITY

4 VERIFICATION SYSTEM FOR PREVIOUSLY HIRED IN5 DIVIDUALS.— 

6 ‘‘(A) ON A VOLUNTARY BASIS.—Beginning 

7 on the date that is 2 years after the date of the 

8 enactment of the Employment Security Act of 

9 2006 and until the date specified in subpara10 graph (B)(iii), a person or entity may make an 

11 inquiry, as provided in paragraph (7), using the 

12 verification system to seek verification of the 

13 identity and employment eligibility of any indi14 vidual employed by the person or entity, as long 

15 as it is done on a nondiscriminatory basis. 

16 ‘‘(B) ON A MANDATORY BASIS.— 

17 ‘‘(i) INITIAL COMPLIANCE.—A person 

18 or entity described in clause (ii) shall make 

19 an inquiry as provided in paragraph (7), 

20 using the verification system to seek 

21 verification of the identity and employment 

22 eligibility of all individuals employed by the 

23 person or entity who have not been pre24 viously subject to an inquiry by the person 

25 or entity by the date 3 years after the date 


sroberts on PROD1PC70 with BILLS
89 

•S 2377 IS

1 of the enactment of the Employment Secu2 rity Act of 2006. 

3 ‘‘(ii) PERSON OR ENTITY COVERED.— 

4 A person or entity is described in this 

5 clause if it is a Federal, State, or local gov6 ernmental body (including the Armed 

7 Forces of the United States), or if it em8 ploys individuals working in a location that 

9 is a Federal, State, or local government 

10 building, a military base, a nuclear energy 

11 site, a weapon site, an airport, or that con12 tains critical infrastructure (as defined in 

13 section 1016(e) of the Critical Infrastruc14 ture Protection Act of 2001 (42 U.S.C. 

15 5195c(e))), but only to the extent of such 

16 individuals. 

17 ‘‘(iii) SUBSEQUENT COMPLIANCE.—All 

18 persons and entities other than a person or 

19 entity described in clause (ii) shall make 

20 an inquiry, as provided in paragraph (7), 

21 using the verification system to seek 

22 verification of the identity and employment 

23 eligibility of all individuals employed by the 

24 person or entity that have not been pre25 viously subject to an inquiry by the person 


sroberts on PROD1PC70 with BILLS
90 

•S 2377 IS

1 or entity by the date 6 years after the date 

2 of the enactment of the Employment Secu3 rity Act of 2006.’’. 

4 SEC. 414. EXTENSION OF PREEMPTION TO REQUIRED CON5 STRUCTION OF DAY LABORER SHELTERS. 

6 Paragraph 274A(h)(2) of the Immigration and Na7 tionality Act (8 U.S.C. 1324a(h)(2)) is amended— 

8 (1) by striking ‘‘imposing’’, and inserting a 

9 dash and ‘‘(A) imposing’’; 

10 (2) by striking the period at the end and insert11 ing ‘‘; and’’; and 

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

13 ‘‘(B) Requiring as a condition of con14 ducting, continuing, or expanding a business 

15 that a business entity— 

16 ‘‘(i) provide, build, fund, or maintain 

17 a shelter, structure, or designated area for 

18 use by day laborers at or near its place of 

19 business; or 

20 ‘‘(ii) take other steps that facilitate 

21 the employment of day laborers by oth22 ers.’’. 

23 SEC. 415. BASIC PILOT PROGRAM. 

24 Section 401(b) of the Illegal Immigration Reform and 

25 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 


sroberts on PROD1PC70 with BILLS
91 

•S 2377 IS

1 note) is amended by striking ‘‘at the end of the 11-year 

2 period beginning on the first day the pilot program is in 

3 effect’’ and inserting ‘‘2 years after the date of the enact4 ment of the Employment Security Act of 2006’’. 

5 SEC. 416. PROTECTION FOR UNITED STATES WORKERS AND 

6 INDIVIDUALS REPORTING IMMIGRATION LAW 

7 VIOLATIONS. 

8 Section 274B(a) of the Immigration and Nationality 

9 Act (8 U.S.C. 1324b(a)) is amended by adding at the end 

10 the following: 

11 ‘‘(7) PROTECTION OF RIGHT TO REPORT.—Not12 withstanding any other provision of law, the rights 

13 protected by this subsection include the right of any 

14 individual to report a violation or suspected violation 

15 of any immigration law to the Secretary of Home16 land Security or a law enforcement agency.’’. 

17 SEC. 417. PENALTIES. 

18 (a) CIVIL AND CRIMINAL PENALTIES.—Section 

19 274A(e)(4) of the Immigration and Nationality Act (8 

20 U.S.C. 1324a(e)(4)) is amended to read: 

21 ‘‘(4) CIVIL AND CRIMINAL PENALTIES.— 

22 ‘‘(A) KNOWINGLY HIRING UNAUTHORIZED

23 ALIENS.—Any person or entity that violates 

24 subsection (a)(1)(A) shall— 


sroberts on PROD1PC70 with BILLS
92 

•S 2377 IS

1 ‘‘(i) in the case of a first offense, be 

2 fined $10,000 for each unauthorized alien; 

3 ‘‘(ii) (in the case of a second offense, 

4 be fined $50,000 for each unauthorized 

5 alien; and 

6 ‘‘(iii) in the case of a third or subse7 quent offense, be fined in accordance with 

8 title 18, United States Code, imprisoned 

9 not less than 1 year and not more than 3 

10 years, or both. 

11 ‘‘(B) CONTINUING EMPLOYMENT OF UNAU12 THORIZED ALIENS.—Any person or entity that 

13 violates subsection (a)(2) shall be fined in ac14 cordance of title 18, United States Code, im15 prisoned not less than 1 year and not more 

16 than 3 years, or both.’’. 

17 (b) PAPERWORK OR VERIFICATION VIOLATIONS.— 

18 Section 274A(e)(5) of the Immigration and Nationality 

19 Act (8 U.S.C. 1324a) is amended to read: 

20 ‘‘(5) PAPERWORK OR VERIFICATION VIOLA21 TIONS.—Any person or entity that violates sub22 section (a)(1)(B) shall— 

23 ‘‘(A) in the case of a first offense, be fined 

24 $1,000 for each violation; 


sroberts on PROD1PC70 with BILLS
93 

•S 2377 IS

1 ‘‘(B) in the case of a second violation, be 

2 fined $5,000 for each violation; and 

3 ‘‘(C) in the case of a third and subsequent 

4 violation, be fined $10,000 for each such viola5 tion.’’. 

6 (c) GOVERNMENT CONTRACTS.—Section 274A(e) of 

7 the Immigration and Nationality Act (8 U.S.C. 1324a(e)) 

8 is amended by adding at the end the following new para9 graph: 

10 ‘‘(10) GOVERNMENT CONTRACTS.— 

11 ‘‘(A) EMPLOYERS.— 

12 ‘‘(i) IN GENERAL.—If the Secretary of 

13 Homeland Secretary determines that a 

14 person or entity that employs an alien is a 

15 repeat violator of this section or is con16 victed of a crime under this section, such 

17 person or entity shall be debarred from the 

18 receipt of a Federal contract, grant, or co19 operative agreement for a period of 2 

20 years. The Secretary of Homeland Security 

21 or the Attorney General shall advise the 

22 Administrator of General Services of such 

23 a debarment, and the Administrator of 

24 General Services shall list the employer on 

25 the List of Parties Excluded from Federal 


sroberts on PROD1PC70 with BILLS
94 

•S 2377 IS

1 Procurement and Nonprocurement Pro2 grams for a 2-year period. 

3 ‘‘(ii) WAIVER.—The Administrator of 

4 General Services, in consultation with the 

5 Secretary of Homeland Security and Attor6 ney General, may waive the application of 

7 this subparagraph or may limit the dura8 tion or scope of the debarment imposed 

9 under it. 

10 ‘‘(iii) PROHIBITION ON JUDICIAL RE11 VIEW.—Any proposed debarment that is 

12 predicated on an administrative determina13 tion of liability for civil penalty by the Sec14 retary of Homeland Security or the Attor15 ney General may not be reviewable in any 

16 debarment proceeding. The decision of 

17 whether to debar or take alternation may 

18 not be reviewed by any court. 

19 ‘‘(B) CONTRACTORS AND RECIPIENTS.— 

20 ‘‘(i) IN GENERAL.—If the Secretary of 

21 Homeland Security determines that a per22 son or entity that employs an alien and 

23 holds a Federal contract, grant, or cooper24 ative agreement is a repeat violator of this 

25 section or is convicted of a crime under 


sroberts on PROD1PC70 with BILLS
95 

•S 2377 IS

1 this section, such person or entity shall be 

2 debarred from the receipt of a Federal 

3 contract, grant, or cooperative agreement 

4 for a period of 2 years. Prior to debarring 

5 the employer, the Secretary of Homeland 

6 Security, in cooperation with the Adminis7 trator of General Services, shall advise the 

8 head of each agency holding such a con9 tract, grant, or cooperative agreement with 

10 person or entity of the Government’s inten11 tion to debar the employer from the receipt 

12 of new Federal contracts, grants, or coop13 erative agreements for a period of 2 years. 

14 ‘‘(ii) WAIVER.—After consideration of 

15 the views of the head of each such agency, 

16 the Secretary of Homeland Security may, 

17 in lieu of debarring the employer from the 

18 receipt of new a Federal contract, grant, 

19 or cooperative agreement for a period of 2 

20 years, waive application of this subpara21 graph, limit the duration or scope of the 

22 debarment, or may refer to an appropriate 

23 lead agency the decision of whether to 

24 debar the employer, for what duration, and 

25 under what scope in accordance with the 


sroberts on PROD1PC70 with BILLS
96 

•S 2377 IS

1 procedures and standards prescribed by 

2 the Federal Acquisition Regulation. 

3 ‘‘(iii) PROHIBITION ON REVIEW.—Any 

4 proposed debarment that is predicated on 

5 an administrative determination of liability 

6 for civil penalty by the Secretary of Home7 land Security or the Attorney General may 

8 not be reviewable in any debarment pro9 ceeding. The decision of whether to debar 

10 or take alternation may not be reviewed by 

11 any court. 

12 ‘‘(C) CAUSE FOR SUSPENSION.—Indict13 ments for violations of this section or adequate 

14 evidence of actions that could form the basis for 

15 debarment under this paragraph shall be con16 sidered a cause for suspension under the proce17 dures and standards for suspension prescribed 

18 by the Federal Acquisition Regulation. 

19 ‘‘(D) APPLICABILITY.—The provisions of 

20 this paragraph shall apply to any Federal con21 tract, grant, or cooperative agreement that is 

22 effective on or after the date of the enactment 

23 of the Employment Security Act of 2006.’’. 

24 (d) CRIMINAL PENALTIES FOR PATTERN OR PRAC25 TICE VIOLATIONS.—Section 274A(f)(1) of the ImmigraVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
97 

•S 2377 IS

1 tion and Nationality Act (8 U.S.C. 1324a(f)(1)) is amend2 ed to read as follows: 

3 ‘‘(1) CRIMINAL PENALTY.—Any person or enti4 ty engages in a pattern or practice of violations of 

5 subsection (a)(1) or (2) shall be fined not more than 

6 $50,000 for each unauthorized alien with respect to 

7 which such a violation occurs, imprisoned for not 

8 less than 3 years and not more than 5 years, or 

9 both, notwithstanding the provisions of any other 

10 Federal law relating to fine levels. The amount of 

11 the gross proceeds of such violation, and any prop12 erty traceable to such proceeds, shall be seized and 

13 subject to forfeiture under title 18, United States 

14 Code.’’. 

15 (e) AUTHORITY OF THE SECRETARY OF HOMELAND

16 SECURITY.—Subsections (b)(2) and (f)(2) of section 274A 

17 of the Immigration and Nationality Act (8 U.S.C. 1324a) 

18 are amended by striking ‘‘Attorney General’’ each place 

19 it appears and inserting ‘‘Secretary of Homeland Secu20 rity’’. 


sroberts on PROD1PC70 with BILLS
98 

•S 2377 IS

1 Subtitle C—Work Eligibility 

2 Verification Reform in the So3 cial Security Administration 

4 SEC. 421. VERIFICATION RESPONSIBILITIES OF THE COM5 MISSIONER OF SOCIAL SECURITY. 

6 The Commissioner of Social Security is authorized to 

7 perform activities with respect to carrying out the Com8 missioner’s responsibilities in this title or the amendments 

9 made by this title, however in no case shall funds from 

10 the Federal Old-Age and Survivors Insurance Trust Fund 

11 or the Federal Disability Insurance Trust Fund be used 

12 to carry out such responsibilities. 

13 SEC. 422. NOTIFICATION BY COMMISSIONER OF FAILURE 

14 TO CORRECT SOCIAL SECURITY INFORMA15 TION. 

16 The Commissioner of Social Security shall promptly 

17 notify the Secretary of Homeland Security of the failure 

18 of any individual to provide, upon any request of the Com19 missioner made pursuant to section 205(c)(2) of the Social 

20 Security Act (42 U.S.C. 405(c)(2)), evidence necessary, 

21 under such section to— 

22 (1) establish the age, citizenship, immigration 

23 or work eligibility status of the individual; 

24 (2) establish such individual’s true identity; or 


sroberts on PROD1PC70 with BILLS
99 

•S 2377 IS

1 (3) determine which (if any) social security ac2 count number has previously been assigned to such 

3 individual. 

4 SEC. 423. RESTRICTION ON ACCESS AND USE. 

5 Section 205(c)(2) of the Social Security Act (42 

6 U.S.C. 405(c)(2)) is amended by adding at the end the 

7 following new subparagraph: 

8 ‘‘(I)(i) Access to any information contained in the 

9 Employment Eligibility Verification System established 

10 section 274A(b)(7) of the Immigration and Nationality 

11 Act, shall be prohibited for any purpose other than the 

12 administration or enforcement of Federal immigration, so13 cial security, and tax laws, any provision of title 18, 

14 United States Code, or as otherwise authorized by Federal 

15 law. 

16 ‘‘(ii) No person or entity may use the information in 

17 such Employment Eligibility Verification System for any 

18 purpose other than as permitted by Federal law. 

19 ‘‘(iii) Whoever knowingly uses, discloses, publishes, or 

20 permits the unauthorized use of information in such Em21 ployment Eligibility Verification System in violation of 

22 clause (i) or (ii) shall be fined not more than $10,000 per 

23 individual injured by such violation. The Commissioner of 

24 Social Security shall establish procedure to ensure that 60 


sroberts on PROD1PC70 with BILLS
100 

•S 2377 IS

1 percent of any fine imposed under this clause is awarded 

2 to the individual injured by such violation.’’. 

3 SEC. 424. SHARING OF INFORMATION WITH THE COMMIS4 SIONER OF INTERNAL REVENUE SERVICE. 

5 Section 205(c)(2)(H) of the Social Security Act (42 

6 U.S.C. 405(c)(2)(H)) is amended to read as follows: 

7 ‘‘(H) The Commissioner of Social Security shall 

8 share with the Secretary of the Treasury— 

9 ‘‘(i) the information obtained by the Commis10 sioner pursuant to the second sentence of subpara11 graph (B)(ii) and to subparagraph (C)(ii) for the 

12 purpose of administering those sections of the Inter13 nal Revenue Code of 1986 that grant tax benefits 

14 based on support or residence of children; and 

15 ‘‘(ii) information relating to the detection of 

16 wages or income from self-employment of unauthor17 ized aliens (as defined by section 274A of the Immi18 gration and Nationality Act (8 U.S.C. 1324a)), or 

19 the investigation of false statements or fraud by 

20 such persons incident to the administration of immi21 gration, social security, or tax laws of the United 

22 States. 

23 Information disclosed under this subparagraph shall be 

24 solely for the use of the officers and employees to whom 


sroberts on PROD1PC70 with BILLS
101 

•S 2377 IS

1 such information is disclosed in such response or inves2 tigation.’’. 

3 SEC. 425. SHARING OF INFORMATION WITH THE SEC4 RETARY OF HOMELAND SECURITY. 

5 (a) AMENDMENT TO THE SOCIAL SECURITY ACT.— 

6 Section 205(c)(2) of the Social Security Act (42 U.S.C. 

7 405(c)(2)), as amended by section 423, is amended by 

8 adding at the end the following new subparagraph: 

9 ‘‘(J) Upon the issuance of a social security account 

10 number under subparagraph (B) to any individual or the 

11 issuance of a Social Security card under subparagraph (G) 

12 to any individual, the Commissioner of social security shall 

13 transmit to the Secretary of Homeland Security such in14 formation received by the Commissioner in the individual’s 

15 application for such number or such card as the Secretary 

16 of Homeland Security determines necessary and appro17 priate for administration of the immigration laws of the 

18 United States.’’. 

19 (b) AMENDMENTS TO THE IMMIGRATION AND NA20 TIONALITY ACT.— 

21 (1) FORMS AND PROCEDURES.—Section 264(f) 

22 of the Immigration and Nationality Act (8 U.S.C. 

23 1304(f)) is amended to read as follows: 

24 ‘‘(f) Notwithstanding any other provision of law (in25 cluding section 6103 of title 26, United States Code), the 


sroberts on PROD1PC70 with BILLS
102 

•S 2377 IS

1 Secretary of Homeland Security, Secretary of Labor and 

2 the Attorney General are authorized to require any indi3 vidual to provide the individual’s own social security ac4 count number for purposes of inclusion in any record of 

5 the individual maintained by any of any such Secretary 

6 or the Attorney General, or for inclusion on any applica7 tion, document, or form provided under or required by the 

8 immigration laws.’’. 

9 (2) CENTRAL FILE.—Section 290(c) of the Im10 migration and Nationality Act (8 U.S.C. 1360(c)) is 

11 amended by striking paragraph (2) and inserting the 

12 following new paragraphs: 

13 ‘‘(2) Notwithstanding any other provision of law (in14 cluding section 6103 of title 26, United States Code) if 

15 earnings are reported on or after January 1, 1997, to the 

16 Commissioner of Social Security on a social security ac17 count number issued to an alien who is not authorized to 

18 work in the United States, the Commissioner shall provide 

19 the Secretary of Homeland Security with information re20 garding the name, date of birth, and address of the alien, 

21 the name and address of the person reporting the earn22 ings, and the amount of the earnings. The information 

23 shall be provided in an electronic form agreed upon by 

24 the Commissioner and the Secretary. 


sroberts on PROD1PC70 with BILLS
103 

•S 2377 IS

1 ‘‘(3) Notwithstanding any other provision of law (in2 cluding section 6103 of title 26, United States Code), the 

3 Commissioner of Social Security shall provide the Sec4 retary of Homeland Security information regarding the 

5 name, date of birth, and address of an individual, as well 

6 as the name and address of the person reporting the earn7 ings, in any case where a social security account number 

8 does not match the name in the Social Security Adminis9 tration record. The information shall be provided in an 

10 electronic form agreed upon by the Commissioner and the 

11 Secretary for the sole purpose of enforcing the immigra12 tion laws. The Secretary, in consultation with the Commis13 sioner, may limit or modify these requirements as appro14 priate to identify those cases posing the highest possibility 

15 of fraudulent use of social security account numbers re16 lated to violation of the immigration laws. 

17 ‘‘(4) Notwithstanding any other provision of law (in18 cluding section 6103 of title 26, United States Code), the 

19 Commissioner of Social Security shall provide the Sec20 retary of Homeland Security information regarding the 

21 name, date of birth, and address of an individual, as well 

22 as the name and address of the person reporting the earn23 ings, in any case where the individual has more than one 

24 person reporting earnings for the individual during a sin25 gle tax year and where a social security number was used 


sroberts on PROD1PC70 with BILLS
104 

•S 2377 IS

1 with multiple names. The information shall be provided 

2 in an electronic form agreed upon by the Commissioner 

3 and the Secretary for the sole purpose of enforcing the 

4 immigration laws. The Secretary, in consultation with the 

5 Commissioner, may limit or modify these requirements as 

6 appropriate to identify those cases posing the highest pos7 sibility of fraudulent use of social security account num8 bers related to violation of the immigration laws. 

9 ‘‘(5)(A) The Commissioner of Social Security shall 

10 perform, at the request of the Secretary of Homeland Se11 curity, any search or manipulation of records held by the 

12 Commissioner, so long as the Secretary certifies that the 

13 purpose of the search or manipulation is to obtain infor14 mation likely to assist in identifying individuals (and their 

15 employers) who— 

16 ‘‘(i) are using false names or social security 

17 numbers; who are sharing among multiple individ18 uals a single valid name and social security number; 

19 ‘‘(ii) are using the social security number of 

20 persons who are deceased, too young to work or not 

21 authorized to work; or 

22 ‘‘(iii) are otherwise engaged in a violation of the 

23 immigration laws. 

24 ‘‘(B) The Commissioner shall provide the results of 

25 such search or manipulation to the Secretary, notwithVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
105 

•S 2377 IS

1 standing any other provision of law (including section 

2 6103 of title 26, United States Code). The Secretary shall 

3 transfer to the Commissioner the funds necessary to cover 

4 the additional cost directly incurred by the Commissioner 

5 in carrying out the searches or manipulations reported by 

6 the Secretary.’’. 

7 Subtitle D—Sharing of Information 

8 SEC. 431. SHARING OF INFORMATION WITH THE SEC9 RETARY OF HOMELAND SECURITY AND THE 

10 COMMISSIONER OF SOCIAL SECURITY. 

11 (a) AMENDMENT TO THE INTERNAL REVENUE CODE

12 OF 1986.—Section 6103(i) of the Internal Revenue Code 

13 of 1986 is amended by adding at the end the following 

14 new paragraph: 

15 ‘‘(9) DISCLOSURE OF INFORMATION RELATING

16 TO VIOLATIONS OF FEDERAL IMMIGRATION LAW.— 

17 ‘‘(A) Upon receipt by the Secretary of the 

18 Treasury of a written request, by the Secretary 

19 of Homeland Security or Commissioner of So20 cial Security, the Secretary of the Treasury 

21 shall disclose return information to officers and 

22 employees of the Department of Homeland Se23 curity and the Social Security Administration 

24 who are personally and directly engaged in— 


sroberts on PROD1PC70 with BILLS
106 

•S 2377 IS

1 ‘‘(i) preparation for any judicial or ad2 ministrative civil or criminal enforcement 

3 proceeding against an alien under the Im4 migration and Nationality Act (8 U.S.C. 

5 1101 et seq.), other than the adjudication 

6 of any application for a change in immi7 gration status or other benefit by such 

8 alien, or 

9 ‘‘(ii) preparation for a civil or criminal 

10 enforcement proceeding against a citizen or 

11 national of the United States under section 

12 274, 274A, or 274C of the Immigration 

13 and Nationality Act (8 U.S.C. 1324, 

14 1324a, or 1324c), or 

15 ‘‘(iii) any investigation which may re16 sult in the proceedings enumerated in 

17 clauses (i) and (ii) above. 

18 ‘‘(B) LIMITATION ON USE AND RETENTION

19 OF TAX RETURN INFORMATION.— 

20 ‘‘(i) Information disclosed under this 

21 paragraph shall be solely for the use of the 

22 officers and employees to whom such infor23 mation is disclosed in such response or in24 vestigation. 


sroberts on PROD1PC70 with BILLS
107 

•S 2377 IS

1 ‘‘(ii) Should the proceeding for which 

2 such information has been disclosed not 

3 commence within 3 years after the date on 

4 which the information has been disclosed 

5 by the Secretary, the information shall be 

6 returned to the Secretary in its entirety, 

7 and shall not be retained in any form by 

8 the requestor, unless the taxpayer is noti9 fied in writing as to the information that 

10 has been retained.’’. 

11 (b) AMENDMENT TO THE IMMIGRATION AND NA12 TIONALITY ACT.—Section 274A of the Immigration and 

13 Nationality Act (8 U.S.C. 1324a) is amended by adding 

14 at the end the following new subsection: 

15 ‘‘(i) NO-MATCH NOTICE.— 

16 ‘‘(1) NO-MATCH NOTICE DEFINED.—In this 

17 subsection, the term ‘no-match notice’ means a writ18 ten notice from the Commissioner of Social Security 

19 to an employer reporting earnings on a Form W-2 

20 that an employee name or corresponding social secu21 rity account number fail to match records main22 tained by the Commissioner. 

23 ‘‘(2) PROVISION OF INFORMATION.— 

24 ‘‘(A) REQUIREMENT TO PROVIDE.—Not25 withstanding any other provision of law (includVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
108 

•S 2377 IS

1 ing section 6103 of title 26, United States 

2 Code), the Commissioner shall provide the Sec3 retary of Homeland Security with information 

4 relating to employers who have received no5 match notices and, upon request, with such ad6 ditional information as the Secretary certifies is 

7 necessary to administer or enforce the immigra8 tion laws. 

9 ‘‘(B) FORM OF INFORMATION.—The infor10 mation shall be provided in an electronic form 

11 agreed upon by the Commissioner and the Sec12 retary. 

13 ‘‘(C) USE OF INFORMATION.—A no-match 

14 notice received by the Secretary from the Com15 missioner may be used as evidence in any civil 

16 or criminal proceeding. 

17 ‘‘(3) OTHER AUTHORITIES.— 

18 ‘‘(A) VERIFICATION REQUIREMENT.—The 

19 Secretary, in consultation with the Commis20 sioner, is authorized to establish by regulation 

21 requirements for verifying the identity and work 

22 authorization of an employee who is the subject 

23 of a no-match notice. 


sroberts on PROD1PC70 with BILLS
109 

•S 2377 IS

1 ‘‘(B) PENALTIES.—The Secretary is au2 thorized to establish by regulation penalties for 

3 failure to comply with this subsection. 

4 ‘‘(C) LIMITATION ON AUTHORITIES.—This 

5 authority in this subsection is provided in aid of 

6 the Secretary’s authority to administer and en7 force the immigration laws, and nothing in this 

8 subsection shall be construed to authorize the 

9 Secretary to establish any regulation regarding 

10 the administration or enforcement of laws oth11 erwise relating to taxation or the Social Secu12 rity system.’’. 

13 Subtitle E—Identification 

14 Document Integrity 

15 SEC. 441. CONSULAR IDENTIFICATION DOCUMENTS. 

16 (a) ACCEPTANCE OF FOREIGN IDENTIFICATION DOC17 UMENTS.— 

18 (1) IN GENERAL.—Subject to paragraph (3), 

19 for purposes of personal identification, no agency, 

20 commission, entity, or agent of the executive or leg21 islative branches of the Federal Government may ac22 cept, acknowledge, recognize, or rely on any identi23 fication document issued by the government of a for24 eign country, unless otherwise mandated by Federal 

25 law. 


sroberts on PROD1PC70 with BILLS
110 

•S 2377 IS

1 (2) AGENT DEFINED.—In this section, the term 

2 ‘‘agent’’ shall include the following: 

3 (A) A Federal contractor or grantee. 

4 (B) An institution or entity exempted from 

5 Federal income taxation under the Internal 

6 Revenue Code of 1986. 

7 (C) A financial institution required to ask 

8 for identification under section 5318(l) of title 

9 31, United States Code. 

10 (3) EXCEPTIONS.— 

11 (A) IN GENERAL.—An individual who is 

12 not a citizen or national of the United States 

13 may present for purposes of personal identifica14 tion an official identification document issued 

15 by the government of a foreign country or other 

16 foreign identification document recognized pur17 suant to a treaty entered into by the United 

18 States, if— 

19 (i) such individual simultaneously pre20 sents valid verifiable documentation of law21 ful presence in the United States issued by 

22 the appropriate agency of the Federal Gov23 ernment; 


sroberts on PROD1PC70 with BILLS
111 

•S 2377 IS

1 (ii) reporting a violation of law or 

2 seeking government assistance in an emer3 gency; 

4 (iii) the document presented is a pass5 port issued to a citizen or national of a 

6 country that participates in the visa waiver 

7 program established under section 217 of 

8 the Immigration and Nationality Act (8 

9 U.S.C. 1187) by the government of such 

10 country; or 

11 (iv) such use is expressly permitted 

12 another provision of Federal law. 

13 (B) NONAPPLICATION.—The provisions of 

14 paragraph (1) shall not apply to— 

15 (i) inspections of alien applicants for 

16 admission to the United States; or 

17 (ii) verification of personal identifica18 tion of persons outside the United States. 

19 (4) LISTING OF ACCEPTABLE DOCUMENTS.— 

20 The Secretary of Homeland Security shall issue and 

21 maintain an updated public listing, compiled in con22 sultation with the Secretary of State, and including 

23 sample facsimiles, of all acceptable Federal docu24 ments that satisfy the requirements of paragraph 

25 (3)(A). 


sroberts on PROD1PC70 with BILLS
112 

•S 2377 IS

1 (b) ESTABLISHMENT OF PERSONAL IDENTITY.—Sec2 tion 274C(a) of the Immigration and Nationality Act (8 

3 U.S.C. 1324c(a)) is amended— 

4 (1) in paragraph (5), by striking ‘‘or’’ at the 

5 end; 

6 (2) in paragraph (6), by striking the period at 

7 the end and inserting a comma and ‘‘or’’; and 

8 (3) by inserting after paragraph (6) the fol9 lowing new paragraph: 

10 ‘‘(7) to use to establish personal identity, before 

11 any agent of the Federal Government, or before any 

12 agency of the Federal Government or of a State or 

13 any political subdivision therein, a travel or identi14 fication document issued by a foreign government 

15 that is not accepted by the Secretary of Homeland 

16 Security to establish personal identity for purposes 

17 of admission to the United States at a port of entry, 

18 except— 

19 ‘‘(A) in the case of a person who is not a 

20 citizen of the United States— 

21 ‘‘(i) the person simultaneously pre22 sents valid verifiable documentation of law23 ful presence in the United States issued by 

24 an agency of the Federal Government; 


sroberts on PROD1PC70 with BILLS
113 

•S 2377 IS

1 ‘‘(ii) the person is reporting a viola2 tion of law or seeking government assist3 ance in an emergency; or 

4 ‘‘(iii) such use is expressly permitted 

5 by Federal law.’’. 

6 SEC. 442. MACHINE-READABLE TAMPER-RESISTANT IMMI7 GRATION DOCUMENTS. 

8 (a) IN GENERAL.—Section 303 of the Enhanced Bor9 der Security and Visa Entry Reform Act of 2002 (8 

10 U.S.C. 1732) is amended— 

11 (1) in the heading, by striking ‘‘ENTRY AND

12 EXIT DOCUMENTS’’ and inserting ‘‘TRAVEL, 

13 ENTRY, AND EVIDENCE OF STATUS DOCU14 MENTS’’; 

15 (2) in subsection (b)(1)— 

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

17 26, 2004, the Attorney General’’ and inserting 

18 ‘‘The Secretary of Homeland Security’’; and 

19 (B) by striking ‘‘visas and’’ each place it 

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

21 and’’; 

22 (3) by striking subsection (d) and inserting the 

23 following: 

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

25 26, 2007, every document, other than an interim docuVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
114 

•S 2377 IS

1 ment, issued by the Secretary of Homeland Security, 

2 which may be used as evidence of immigrant, non3 immigrant, parole, asylee, or refugee status, shall be ma4 chine-readable, tamper-resistant, and incorporate a bio5 metric identifier to allow the Secretary of Homeland Secu6 rity to electronically verify the identity and status of the 

7 alien. 

8 ‘‘(e) FUNDING.— 

9 ‘‘(1) AUTHORIZATION OF APPROPRIATION.— 

10 There are authorized to be appropriated such sums 

11 as may be necessary to carry out this section, in12 cluding reimbursements to international and domes13 tic standards organizations. 

14 ‘‘(2) FEE.—During any fiscal year for which 

15 appropriations sufficient to issue documents de16 scribed in subsection (d) are not made pursuant to 

17 law, the Secretary of Homeland Security is author18 ized to implement and collect a fee sufficient to 

19 cover the direct cost of issuance of such document 

20 from the alien to whom the document will be issued. 

21 ‘‘(3) EXCEPTION.—The fee described in para22 graph (2) may not be levied against nationals of a 

23 foreign country if the Secretary of Homeland has de24 termined that the total estimated population of such 


sroberts on PROD1PC70 with BILLS
115 

•S 2377 IS

1 country who are unlawfully present in the United 

2 States does not exceed 3,000 aliens.’’. 

3 (b) TECHNICAL AMENDMENT.—The table of contents 

4 in section 1(b) of the Enhanced Border Security and Visa 

5 Entry Reform Act of 2002 (Public Law 107–173; 116 

6 Stat. 543) is amended by striking the item relating to sec7 tion 303 and inserting the following: 

‘‘Sec. 303. Machine-readable, tamper-resistant travel, entry, and evidence 

of status documents.’’. 

8 Subtitle F—Effective Date; 

9 Authorization of Appropriations 

10 SEC. 451. EFFECTIVE DATE. 

11 Except as otherwise specially provided in this Act, the 

12 provisions of this title shall take effect not later than 45 

13 days after the date of the enactment of this Act. 

14 SEC. 452. AUTHORIZATION OF APPROPRIATIONS. 

15 In addition to amounts otherwise authorized to be ap16 propriated, there are authorized to be appropriated such 

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

18 through 2011 to carry out this title. 


sroberts on PROD1PC70 with BILLS
116 

•S 2377 IS

1 TITLE V—PENALTIES AND 

2 ENFORCEMENT 

3 Subtitle A—Criminal and Civil 

4 Penalties 

5 SEC. 501. ALIEN SMUGGLING AND RELATED OFFENSES. 

6 (a) IN GENERAL.—Section 274 of the Immigration 

7 and Nationality Act (8 U.S.C. 1324) is amended to read 

8 as follows: 

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

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

11 ‘‘(1) PROHIBITED ACTIVITIES.—Whoever— 

12 ‘‘(A) assists, encourages, directs, or in13 duces a person to come to or enter the United 

14 States, or to attempt to come to or enter the 

15 United States, knowing or in reckless disregard 

16 of the fact that such person is an alien who 

17 lacks lawful authority to come to or enter the 

18 United States; 

19 ‘‘(B) assists, encourages, directs, or in20 duces a person to come to or enter the United 

21 States at a place other than a designated port 

22 of entry or place other than as designated by 

23 the Secretary of Homeland Security, regardless 

24 of whether such person has official permission 

25 or lawful authority to be in the United States, 


sroberts on PROD1PC70 with BILLS
117 

•S 2377 IS

1 knowing or in reckless disregard of the fact 

2 that such person is an alien; 

3 ‘‘(C) assists, encourages, directs, or in4 duces a person to reside in or remain in the 

5 United States, or to attempt to reside in or re6 main in the United States, knowing or in reck7 less disregard of the fact that such person is an 

8 alien who lacks lawful authority to reside in or 

9 remain in the United States; 

10 ‘‘(D) transports or moves a person in the 

11 United States, knowing or in reckless disregard 

12 of the fact that such person is an alien who 

13 lacks lawful authority to enter or be in the 

14 United States, where the transportation or 

15 movement will aid or further in any manner the 

16 person’s illegal entry into or illegal presence in 

17 the United States; 

18 ‘‘(E) harbors, conceals, or shields from de19 tection a person in the United States knowing 

20 or in reckless disregard of the fact that such 

21 person is an alien who lacks lawful authority to 

22 be in the United States; 

23 ‘‘(F) transports, moves, harbors, conceals, 

24 or shields from detection a person outside of 

25 the United States knowing or in reckless disVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00117 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
118 

•S 2377 IS

1 regard of the fact that such person is an alien 

2 in unlawful transit from one country to another 

3 or on the high seas, under circumstances in 

4 which the person is in fact seeking to enter the 

5 United States without official permission or 

6 lawful authority; or 

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

8 of the preceding acts, 

9 shall be punished as provided in paragraph (2), re10 gardless of any official action which may later be 

11 taken with respect to such alien. 

12 ‘‘(2) CRIMINAL PENALTIES.—A person who vio13 lates the provisions of paragraph (1) shall— 

14 ‘‘(A) except as provided in subparagraphs 

15 (D) through (H), in the case where the offense 

16 was not committed for commercial advantage, 

17 profit, or private financial gain, be imprisoned 

18 for not more than 5 years, or fined under title 

19 18, United States Code, or both; 

20 ‘‘(B) except as provided in subparagraphs 

21 (C) through (H), where the offense was com22 mitted for commercial advantage, profit, or pri23 vate financial gain— 

24 ‘‘(i) in the case of a first violation of 

25 this subparagraph, be imprisoned for not 


sroberts on PROD1PC70 with BILLS
119 

•S 2377 IS

1 more than 20 years, or fined under title 

2 18, United States Code, or both; and 

3 ‘‘(ii) for any subsequent violation, be 

4 imprisoned for not less than 3 years nor 

5 more than 20 years, or fined under title 

6 18, United States Code, or both; 

7 ‘‘(C) in the case where the offense was 

8 committed for commercial advantage, profit, or 

9 private financial gain and involved 2 or more 

10 aliens other than the offender, be imprisoned 

11 for not less than 3 nor more than 20 years, or 

12 fined under title 18, United States Code, or 

13 both; 

14 ‘‘(D) in the case where the offense furthers 

15 or aids the commission of any other offense 

16 against the United States or any State, which 

17 offense is punishable by imprisonment for more 

18 than 1 year, be imprisoned for not less than 5 

19 nor more than 20 years, or fined under title 18, 

20 United States Code, or both; 

21 ‘‘(E) in the case where any participant in 

22 the offense created a substantial risk of death 

23 or serious bodily injury to another person, in24 cluding— 


sroberts on PROD1PC70 with BILLS
120 

•S 2377 IS

1 ‘‘(i) transporting a person in an en2 gine compartment, storage compartment, 

3 or other confined space; 

4 ‘‘(ii) transporting a person at an ex5 cessive speed or in excess of the rated ca6 pacity of the means of transportation; or 

7 ‘‘(iii) transporting or harboring a per8 son in a crowded, dangerous, or inhumane 

9 manner, 

10 be imprisoned not less than 5 nor more than 20 

11 years, or fined under title 18, United States 

12 Code, or both; 

13 ‘‘(F) in the case where the offense caused 

14 serious bodily injury (as defined in section 1365 

15 of title 18, United States Code, including any 

16 conduct that would violate sections 2241 or 

17 2242 of title 18, United States Code, if the con18 duct occurred in the special maritime and terri19 torial jurisdiction of the United States) to any 

20 person, be imprisoned for not less than 7 nor 

21 more than 30 years, or fined under title 18, 

22 United States Code, or both; 

23 ‘‘(G) in the case where the offense involved 

24 an alien who the offender knew or had reason 

25 to believe was an alien— 


sroberts on PROD1PC70 with BILLS
121 

•S 2377 IS

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

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

3 ‘‘(ii) intending to engage in such ter4 rorist activity, 

5 be imprisoned for not less than 10 nor more 

6 than 30 years, or fined under title 18, United 

7 States Code, or both; and 

8 ‘‘(H) in the case where the offense caused 

9 or resulted in the death of any person, be pun10 ished by death or imprisoned for not less than 

11 10 years, or any term of years, or for life, or 

12 fined under title 18, United States Code, or 

13 both. 

14 ‘‘(3) EXTRATERRITORIAL JURISDICTION.— 

15 There is extraterritorial Federal jurisdiction over the 

16 offenses described in this subsection. 

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

18 ‘‘(1) IN GENERAL.—Any person who, during 

19 any 12-month period, knowingly hires for employ20 ment at least 10 individuals with actual knowledge 

21 that the individuals are aliens described in para22 graph (2), shall be fined under title 18, United 

23 States Code, imprisoned for not more than 5 years, 

24 or both. 


sroberts on PROD1PC70 with BILLS
122 

•S 2377 IS

1 ‘‘(2) ALIEN DESCRIBED.—A alien described in 

2 this paragraph is an alien who— 

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

4 in section 274A(h)(3)); and 

5 ‘‘(B) has been brought into the United 

6 States in violation of subsection (a). 

7 ‘‘(c) SEIZURE AND FORFEITURE.— 

8 ‘‘(1) IN GENERAL.—Any property, real or per9 sonal, that has been used to commit or facilitate the 

10 commission of a violation of this section, the gross 

11 proceeds of such violation, and any property trace12 able to such property or proceeds, shall be subject 

13 to forfeiture. 

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

15 forfeitures under this subsection shall be governed 

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

17 States Code, relating to civil forfeitures, including 

18 section 981(d) of such title, except that such duties 

19 as are imposed upon the Secretary of the Treasury 

20 under the customs laws described in that section 

21 shall be performed by such officers, agents, and 

22 other persons as may be designated for that purpose 

23 by the Secretary of Homeland Security. 

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

25 shall have authority to make any arrests for a violation 


sroberts on PROD1PC70 with BILLS
123 

•S 2377 IS

1 of any provision of this section except officers and employ2 ees designated by the Secretary of Homeland Security, ei3 ther individually or as a member of a class, and all other 

4 officers whose duty it is to enforce criminal laws. 

5 ‘‘(e) ADMISSIBILITY OF EVIDENCE.— 

6 ‘‘(1) PRIMAFACIE EVIDENCE IN DETERMINA7 TIONS OF VIOLATIONS.—Notwithstanding any provi8 sion of the Federal Rules of Evidence, in deter9 mining whether a violation of subsection (a) has oc10 curred, any of the following shall be prima facie evi11 dence that an alien involved in the violation lacks 

12 lawful authority to come to, enter, reside, remain, or 

13 be in the United States or that such alien had come 

14 to, entered, resided, remained or been present in the 

15 United States in violation of law: 

16 ‘‘(A) Any order, finding, or determination 

17 concerning the alien’s status or lack thereof 

18 made by a federal judge or administrative adju19 dicator (including an immigration judge or an 

20 immigration officer) during any judicial or ad21 ministrative proceeding authorized under the 

22 immigration laws or regulations prescribed 

23 thereunder. 

24 ‘‘(B) An official record of the Department 

25 of Homeland Security, Department of Justice, 


sroberts on PROD1PC70 with BILLS
124 

•S 2377 IS

1 or the Department of State concerning the 

2 alien’s status or lack thereof. 

3 ‘‘(C) Testimony by an immigration officer 

4 having personal knowledge of the facts con5 cerning the alien’s status or lack thereof. 

6 ‘‘(2) VIDEOTAPED TESTIMONY.—Notwith7 standing any provision of the Federal Rules of Evi8 dence, the videotaped (or otherwise audiovisually 

9 preserved) deposition of a witness to a violation of 

10 subsection (a) who has been deported or otherwise 

11 expelled from the United States, or is otherwise un12 available to testify, may be admitted into evidence in 

13 an action brought for that violation if the witness 

14 was available for cross examination at the deposition 

15 and the deposition otherwise complies with the Fed16 eral Rules of Evidence. 

17 ‘‘(f) DEFINITIONS.—For purposes of this section: 

18 ‘‘(1) The term ‘lawful authority’ means permis19 sion, authorization, or license that is expressly pro20 vided for in the immigration laws of the United 

21 States or the regulations prescribed thereunder. 

22 Such term does not include any such authority se23 cured by fraud or otherwise obtained in violation of 

24 law, nor does it include authority that has been 

25 sought but not approved. No alien shall be deemed 


sroberts on PROD1PC70 with BILLS
125 

•S 2377 IS

1 to have lawful authority to come to, enter, reside, re2 main, or be in the United States if such coming to, 

3 entry, residence, remaining, or presence was, is, or 

4 would be in violation of law. 

5 ‘‘(2) The term ‘unlawful transit’ means travel, 

6 movement, or temporary presence that violates the 

7 laws of any country in which the alien is present, or 

8 any country from which or to which the alien is trav9 eling or moving.’’. 

10 (b) CLERICAL AMENDMENT.—The item relating to 

11 section 274 in the table of contents of such Act is amended 

12 to read as follows: 

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

13 SEC. 502. EVASION OF INSPECTION OR VIOLATION OF AR14 RIVAL, REPORTING, ENTRY, OR CLEARANCE 

15 REQUIREMENTS. 

16 (a) PROHIBITION.— 

17 (1) IN GENERAL.—Chapter 27 of title 18, 

18 United States Code, is amended by adding at the 

19 end a new section as follows: 

20 ‘‘§ 554. Evasion of inspection or during violation of 

21 arrival, reporting, entry, or clearance re22 quirements 

23 ‘‘(a) PROHIBITION.—A person shall be punished as 

24 described in subsection (b) if such person— 


sroberts on PROD1PC70 with BILLS
126 

•S 2377 IS

1 ‘‘(1) attempts to elude or eludes customs, immi2 gration, or agriculture inspection or fails to stop at 

3 the command of an officer or employee of the United 

4 States charged with enforcing the immigration, cus5 toms, or other laws of the United States at a port 

6 of entry or customs or immigration checkpoint; or 

7 ‘‘(2) intentionally violates an arrival, reporting, 

8 entry, or clearance requirement of— 

9 ‘‘(A) section 107 of the Federal Plant Pest 

10 Act (7 U.S.C. 105ff); 

11 ‘‘(B) section 10 of the Act of August 20, 

12 1912 (7 U.S.C. 164(a)); 

13 ‘‘(C) section 7 of the Federal Noxious 

14 Weed Act of 1974 (7 U.S.C. 2806); 

15 ‘‘(D) the Agriculture and Food Act of 

16 1981 (Public Law 97–98; 95 Stat. 1213); 

17 ‘‘(E) section 431, 433, 434, or 459 of the 

18 Tariff Act of 1930 (19 U.S.C. 1431, 1433, 

19 1434, and 1459); 

20 ‘‘(F) section 10 of the Act of August 20, 

21 1890 (21 U.S.C. 105); 

22 ‘‘(G) section 2 of the Act of February 2, 

23 1903 (21 U.S.C. 111); 

24 ‘‘(H) section 4197 of the Revised Statutes 

25 (46 U.S.C. App. 91); or 


sroberts on PROD1PC70 with BILLS
127 

•S 2377 IS

1 ‘‘(I) the Immigration and Nationality Act 

2 (8 U.S.C. 1101 et seq.). 

3 ‘‘(b) PENALTIES.—A person who commits an offense 

4 described in subsection (a) shall be— 

5 ‘‘(1) fined under this title; 

6 ‘‘(2)(A) imprisoned for not more than 5 years, 

7 or both; 

8 ‘‘(B) imprisoned for not more than 10 years, or 

9 both, if in commission of this violation, attempts to 

10 inflict or inflicts bodily injury (as defined in section 

11 1365(g) of this title); or 

12 ‘‘(C) imprisoned for any term of years or for 

13 life, or both, if death results, and may be sentenced 

14 to death; or 

15 ‘‘(3) both fined and imprisoned under this sub16 section. 

17 ‘‘(c) CONSPIRACY.—If 2 or more persons conspire to 

18 commit an offense described in subsection (a), and 1 or 

19 more of such persons do any act to effect the object of 

20 the conspiracy, each shall be punishable as a principal, ex21 cept that the sentence of death may not be imposed. 

22 ‘‘(d) PRIMA FACIE EVIDENCE.—For the purposes of 

23 seizure and forfeiture under applicable law, in the case of 

24 use of a vehicle or other conveyance in the commission 

25 of this offense, or in the case of disregarding or disobeying 


sroberts on PROD1PC70 with BILLS
128 

•S 2377 IS

1 the lawful authority or command of any officer or em2 ployee of the United States under section 111(b) of this 

3 title, such conduct shall constitute prima facie evidence of 

4 smuggling aliens or merchandise.’’. 

5 (2) CONFORMING AMENDMENT.—The table of 

6 sections for chapter 27 of title 18, United States 

7 Code, is amended by inserting at the end: 

‘‘554. Evasion of inspection or during violation of arrival, reporting, entry, or 

clearance requirements.’’. 

8 (b) FAILURE TO OBEY BORDER ENFORCEMENT OF9 FICERS.—Section 111 of title 18, United States Code, is 

10 amended by inserting after subsection (b) the following: 

11 ‘‘(c) FAILURE TO OBEY LAWFUL ORDERS OF BOR12 DER ENFORCEMENT OFFICERS.—Whoever willfully dis13 regards or disobeys the lawful authority or commend of 

14 any officer or employee of the United States charged with 

15 enforcing the immigration, customs, or other laws of the 

16 United States while engaged in, or on account of, the per17 formance of official duties shall be fined under this title 

18 or imprisoned for not more than 5 years, or both.’’. 

19 SEC. 503. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS. 

20 (a) IN GENERAL.—Section 275 of the Immigration 

21 and Nationality Act (8 U.S.C. 1325) is amended— 

22 (1) in the section heading, by inserting ‘‘UN23 LAWFUL PRESENCE;’’ after ‘‘IMPROPER TIME

24 OR PLACE;’’; 


sroberts on PROD1PC70 with BILLS
129 

•S 2377 IS

1 (2) in subsection (a)— 

2 (A) by striking ‘‘Any alien’’ and inserting 

3 ‘‘Except as provided in subsection (b), any 

4 alien’’; 

5 (B) by striking ‘‘or’’ before (3); 

6 (C) by inserting after ‘‘concealment of a 

7 material fact,’’ the following: ‘‘or (4) is other8 wise present in the United States in violation of 

9 the immigration laws or the regulations pre10 scribed thereunder,’’; and 

11 (D) by striking ‘‘6 months’’ and inserting 

12 ‘‘one year’’; 

13 (3) by amending subsection (c) to read as fol14 lows: 

15 ‘‘(c)(1) Whoever— 

16 ‘‘(A) knowingly enters into a marriage for the 

17 purpose of evading any provision of the immigration 

18 laws; or 

19 ‘‘(B) knowingly misrepresents the existence or 

20 circumstances of a marriage— 

21 ‘‘(i) in an application or document arising 

22 under or authorized by the immigration laws of 

23 the United States or the regulations prescribed 

24 thereunder, or 


sroberts on PROD1PC70 with BILLS
130 

•S 2377 IS

1 ‘‘(ii) during any immigration proceeding 

2 conducted by an administrative adjudicator (in3 cluding an immigration officer or examiner, a 

4 consular officer, an immigration judge, or a 

5 member of the Board of Immigration Appeals); 

6 shall be fined under title 18, United States Code, or 

7 imprisoned not more than 10 years, or both. 

8 ‘‘(2) Whoever— 

9 ‘‘(A) knowingly enters into two or more mar10 riages for the purpose of evading any provision of 

11 the immigration laws; or 

12 ‘‘(B) knowingly arranges, supports, or facili13 tates two or more marriages designed or intended to 

14 evade any provision of the immigration laws; 

15 shall be fined under title 18, United States Code, impris16 oned not less than 2 years nor more than 20 years, or 

17 both. 

18 ‘‘(3) An offense under this subsection continues until 

19 the fraudulent nature of the marriage or marriages is dis20 covered by an immigration officer. 

21 ‘‘(4) For purposes of this section, the term ‘pro22 ceeding’ includes an adjudication, interview, hearing, or 

23 review.’’ 

24 (4) in subsection (d)— 


sroberts on PROD1PC70 with BILLS
131 

•S 2377 IS

1 (A) by striking ‘‘5 years’’ and inserting 

2 ‘‘10 years’’; 

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

4 ‘‘An offense under this subsection continues 

5 until the fraudulent nature of the commercial 

6 enterprise is discovered by an immigration offi7 cer.’’; and 

8 (5) by adding at the end the following new sub9 sections: 

10 ‘‘(e)(1) Any alien described in paragraph (2)— 

11 ‘‘(A) shall be fined under title 18, United 

12 States Code, imprisoned not more than 10 years, or 

13 both, if the offense described in such paragraph was 

14 committed subsequent to a conviction or convictions 

15 for commission of three or more misdemeanors in16 volving drugs, crimes against the person, or both, or 

17 a felony; 

18 ‘‘(B) whose violation was subsequent to 

19 conviction for a felony for which the alien re20 ceived a sentence of 30 months or more, shall 

21 be fined under title 18, United States Code, im22 prisoned not more than 10 years, or both; or 

23 ‘‘(C) whose violation was subsequent to 

24 conviction for a felony for which the alien re25 ceived a sentence of 60 months or more, shall 


sroberts on PROD1PC70 with BILLS
132 

•S 2377 IS

1 be fined under title 18, United States Code, im2 prisoned not more than 20 years, or both. 

3 ‘‘(2) An alien described in this paragraph is an alien 

4 who— 

5 ‘‘(A) enters or attempts to enter the United 

6 States at any time or place other than as designated 

7 by immigration officers; 

8 ‘‘(B) eludes examination or inspection by immi9 gration officers; 

10 ‘‘(C) attempts to enter or obtains entry to the 

11 United States by a willfully false or misleading rep12 resentation or the willful concealment of a material 

13 fact; or 

14 ‘‘(D) is otherwise present in the United States 

15 in violation of the immigration laws or the regula16 tions prescribed thereunder. 

17 ‘‘(3) The prior convictions in subparagraph (A), (B), 

18 or (C) of paragraph (1) are elements of those crimes and 

19 the penalties in those subparagraphs shall apply only in 

20 cases in which the conviction (or convictions) that form 

21 the basis for the additional penalty are alleged in the in22 dictment or information and are proven beyond a reason23 able doubt at trial or admitted by the defendant in plead24 ing guilty. Any admissible evidence may be used to show 

25 that the prior conviction is a qualifying crime, and the 


sroberts on PROD1PC70 with BILLS
133 

•S 2377 IS

1 criminal trial for a violation of this section shall not be 

2 bifurcated. 

3 ‘‘(4) An offense under subsection (a) or paragraph 

4 (1) of this subsection continues until the alien is discov5 ered within the United States by immigration officers. 

6 ‘‘(f) For purposes of this section, the term ‘attempts 

7 to enter’ refers to the general intent of the alien to enter 

8 the United States and does not refer to the intent of the 

9 alien to violate the law.’’. 

10 (b) RULE OF CONSTRUCTION.—Nothing in the 

11 amendment made by subsection (a) may be construed to 

12 limit the authority of any State or political subdivision 

13 therein to enforce criminal trespass laws against aliens 

14 whom a law enforcement agency has verified to be present 

15 in the United States in violation of this Act or the Immi16 gration and Nationality Act (8 U.S.C. 1101 et seq.). 

17 SEC. 504. FEES AND EMPLOYER COMPLIANCE FUND. 

18 (a) EQUAL ACCESS TO JUSTICE FEES.—Section 286 

19 of the Immigration and Nationality Act (8 U.S.C. 1356) 

20 is amended by adding at the end the following new sub21 section: 

22 ‘‘(w) FEES AND COSTS.—The provisions of section 

23 2412, title 28, United States Code, shall not apply to civil 

24 actions arising under or related to the immigration laws, 

25 including any action under— 


sroberts on PROD1PC70 with BILLS
134 

•S 2377 IS

1 ‘‘(1) any provision of title 5, United States 

2 Code; 

3 ‘‘(2) any application for a writ of habeas corpus 

4 under section 2241 of title 28, United States Code, 

5 or any other habeas corpus provision; or 

6 ‘‘(3) any action under section 1361 or 1651 of 

7 title 28, United States Code, that involves or is re8 lated to the enforcement or administration of the im9 migration laws with respect to any person or enti10 ty.’’. 

11 (b) EMPLOYER COMPLIANCE FUND.— 

12 (1) ESTABLISHMENT.—Section 286 of the Im13 migration and Nationality Act (8 U.S.C. 1356), as 

14 amended by subsection (a), is further amended by 

15 adding at the end the following new subsection: 

16 ‘‘(x) EMPLOYER COMPLIANCE FUND.— 

17 ‘‘(1) IN GENERAL.—There is established in the 

18 general fund of the Treasury, a separate account 

19 which shall be known as the ‘Employer Compliance 

20 Fund’ (referred to in this subsection as the ‘Fund’) 

21 ‘‘(2) DEPOSITS.—There shall be deposited as 

22 offsetting receipts into the Fund all monetary pen23 alties collected by the Secretary of Homeland Secu24 rity under section 274A. 


sroberts on PROD1PC70 with BILLS
135 

•S 2377 IS

1 ‘‘(3) USE OF FUNDS.—Amounts deposited into 

2 the Fund shall be used by the Secretary of Home3 land Security for the purposes of enhancing em4 ployer compliance with section 274A, compliance 

5 training, and outreach. 

6 ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de7 posited into the Fund shall remain available until 

8 expended and shall be refunded out of the Fund by 

9 the Secretary of the Treasury, at least on a quar10 terly basis, to the Secretary of Homeland Security.’’. 

11 (2) CONFORMING AMENDMENT.—Section 274A 

12 of the Immigration and Nationality Act (8 U.S.C. 

13 1324a), as amended by section 431(b), is further 

14 amended by adding at the end the following new 

15 subsection: 

16 ‘‘(j) DEPOSITS OF AMOUNTS RECEIVED.—Amounts 

17 collected under this section shall be deposited by the Sec18 retary of Homeland Security into the Employer Compli19 ance Fund established under section 286(x).’’. 

20 SEC. 505. REENTRY OF REMOVED ALIEN. 

21 (a) IN GENERAL.—Section 276 of the Immigration 

22 and Nationality Act (8 U.S.C. 1326) is amended— 

23 (1) in subsection (a)— 


sroberts on PROD1PC70 with BILLS
136 

•S 2377 IS

1 (A) in paragraph (2), by striking all that 

2 follows ‘‘United States’’ the first place it ap3 pears and inserting a comma; 

4 (B) in the matter following paragraph (2), 

5 by striking ‘‘imprisoned not more than 2 

6 years,’’ and inserting ‘‘imprisoned for a term of 

7 not less than 1 year and not more than 2 

8 years,’’; and 

9 (C) by adding at the end the following: ‘‘It 

10 shall be an affirmative defense to an offense 

11 under this subsection that (A) prior to an 

12 alien’s reembarkation at a place outside the 

13 United States or an alien’s application for ad14 mission from foreign contiguous territory, the 

15 Secretary of Homeland Security has expressly 

16 consented to the alien’s reapplying for admis17 sion; or (B) with respect to an alien previously 

18 denied admission and removed, such alien was 

19 not required to obtain such advance consent 

20 under this Act or any prior Act.’’; 

21 (2) in subsection (b)— 

22 (A) in paragraph (1), by striking ‘‘impris23 oned not more than 10 years,’’ and insert ‘‘im24 prisoned for a term of not less than 5 years and 

25 not more than 10 years,’’; 


sroberts on PROD1PC70 with BILLS
137 

•S 2377 IS

1 (B) in paragraph (2), by striking ‘‘impris2 oned not more than 20 years,’’ and insert ‘‘im3 prisoned for a term of not less than 10 years 

4 and not more than 20 years,’’; 

5 (C) in paragraph (3), by striking ‘‘. or’’ 

6 and inserting ‘‘; or’’; 

7 (D) in paragraph (4), by striking ‘‘impris8 oned for not more than 10 years,’’ and insert 

9 ‘‘imprisoned for a term of not less than 5 years 

10 and not more than 10 years,’’; and 

11 (E) by adding at the end the following: 

12 ‘‘The prior convictions in paragraphs (1) and 

13 (2) are elements of enhanced crimes and the 

14 penalties under such paragraphs shall apply 

15 only where the conviction (or convictions) that 

16 form the basis for the additional penalty are al17 leged in the indictment or information and are 

18 proven beyond a reasonable doubt at trial or 

19 admitted by the defendant in pleading guilty. 

20 Any admissible evidence may be used to show 

21 that the prior conviction is a qualifying crime 

22 and the criminal trial for a violation of either 

23 such paragraph shall not be bifurcated.’’; 


sroberts on PROD1PC70 with BILLS
138 

•S 2377 IS

1 (3) in subsections (b)(3), (b)(4), and (c), by 

2 striking ‘‘Attorney General’’ and inserting ‘‘Sec3 retary of Homeland Security’’ each place it appears; 

4 (4) in subsection (c)— 

5 (A) by inserting ‘‘(as in effect before the 

6 effective date of the amendments made by sec7 tion 305 of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996 (division 

9 C of Public Law 104-208; 110 Stat. 3009- 

10 597)), or removed under section 241(a)(4),’’ 

11 after ‘‘242(h)(2)’’; 

12 (B) by striking ‘‘(unless the Attorney Gen13 eral has expressly consented to such alien’s re14 entry)’’; 

15 (C) by inserting ‘‘or removal’’ after ‘‘time 

16 of deportation’’; and 

17 (D) by inserting ‘‘or removed’’ after ‘‘re18 entry of deported’’; 

19 (5) in subsection (d)— 

20 (A) in the matter before paragraph (1), by 

21 striking ‘‘deportation order’’ and inserting ‘‘de22 portation or removal order’’; and 

23 (B) in paragraph (2), by inserting ‘‘or re24 moval’’ after ‘‘deportation’’; and 


sroberts on PROD1PC70 with BILLS
139 

•S 2377 IS

1 (6) by adding at the end the following new sub2 section: 

3 ‘‘(e) For purposes of this section, the term ‘attempts 

4 to enter’ refers to the general intent of the alien to enter 

5 the United States and does not refer to the intent of the 

6 alien to violate the law.’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the date of the enactment 

9 of this Act and shall apply to criminal proceedings involv10 ing aliens who enter, attempt to enter, or are found in 

11 the United States, after such date. 

12 SEC. 506. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT 

13 FRAUD, BENEFIT FRAUD, AND FALSE CLAIMS 

14 OF CITIZENSHIP. 

15 (a) CIVIL PENALTIES FOR DOCUMENT FRAUD.—Sec16 tion 274C(d)(3) of the Immigration and Nationality Act 

17 (8 U.S.C. 1324c(d)(3)) is amended— 

18 (1) in subparagraph (A), by striking ‘‘$250 and 

19 not more than $2,000’’ and inserting ‘‘$500 and not 

20 more than $4,000’’; and 

21 (2) in subparagraph (B), by striking ‘‘$2,000 

22 and not more than $5,000’’ and inserting ‘‘$4,000 

23 and not more than $10,000’’. 

24 (b) FRAUD AND FALSE STATEMENTS.—Chapter 47 

25 of title 18, United States Code, is amended— 


sroberts on PROD1PC70 with BILLS
140 

•S 2377 IS

1 (1) in section 1015, by striking ‘‘not more than 

2 5 years’’ and inserting ‘‘not more than 10 years’’; 

3 and 

4 (2) in section 1028(b)— 

5 (A) in paragraph (1), by striking ‘‘15 

6 years’’ and inserting ‘‘20 years’’; 

7 (B) in paragraph (2), by striking ‘‘5 

8 years’’ and inserting ‘‘6 years’’; 

9 (C) in paragraph (3), by striking ‘‘20 

10 years’’ and inserting ‘‘25 years’’; and 

11 (D) in paragraph (6), by striking ‘‘one 

12 year’’ and inserting ‘‘2 years’’. 

13 (c) DOCUMENT FRAUD.—Section 1546 of title 18, 

14 United States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘not more than 25 years’’ 

17 and inserting ‘‘not less than 25 years’’ 

18 (B) by inserting ‘‘and if the terrorism of19 fense resulted in the death of any person, shall 

20 be punished by death or imprisoned for life,’’ 

21 after ‘‘section 2331 of this title)),’’; 

22 (C) by striking ‘‘20 years’’ and inserting 

23 ‘‘imprisoned not more than 40 years’’; 

24 (D) by striking ‘‘10 years’’ and inserting 

25 ‘‘imprisoned not more than 20 years’’; and 


sroberts on PROD1PC70 with BILLS
141 

•S 2377 IS

1 (E) by striking ‘‘15 years’’ and inserting 

2 ‘‘imprisoned not more than 25 years’’; and 

3 (2) in subsection (b), by striking ‘‘5 years’’ and 

4 inserting ‘‘10 years’’. 

5 (d) CRIMES OF VIOLENCE.— 

6 (1) IN GENERAL.—Title 18, United States 

7 Code, is amended by inserting after chapter 51 the 

8 following: 

9 ‘‘CHAPTER 52—ILLEGAL ALIENS 

‘‘Sec. 

‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens. 

10 ‘‘§ 1131. Enhanced penalties for certain crimes com11 mitted by illegal aliens 

12 ‘‘(a) Any alien unlawfully present in the United 

13 States, who commits, or conspires or attempts to commit, 

14 a crime of violence or a drug trafficking crime (as such 

15 terms are defined in section 924), shall be fined under 

16 this title and sentenced to not less than 5 years in prison. 

17 ‘‘(b) If an alien who violates subsection (a) was pre18 viously ordered removed under the Immigration and Na19 tionality Act (8 U.S.C. 1101 et seq.) on the grounds of 

20 having committed a crime, the alien shall be sentenced to 

21 not less than 15 years in prison. 

22 ‘‘(c) A sentence of imprisonment imposed under this 

23 section shall run consecutively to any other sentence of 

24 imprisonment imposed for any other crime.’’. 


sroberts on PROD1PC70 with BILLS
142 

•S 2377 IS

1 (2) CLERICAL AMENDMENT.—The table of 

2 chapters at the beginning of part I of title 18, 

3 United States Code, is amended by inserting after 

4 the item relating to chapter 51 the following: 

‘‘52. Illegal aliens ............................................................................... 1131’’. 

5 SEC. 507. RENDERING INADMISSIBLE AND DEPORTABLE 

6 ALIENS PARTICIPATING IN CRIMINAL 

7 STREET GANGS. 

8 (a) INADMISSIBLE.—Section 212(a)(2) of the Immi9 gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

10 amended by adding at the end the following: 

11 ‘‘(J) CRIMINAL STREET GANG PARTICIPA12 TION.— 

13 ‘‘(i) IN GENERAL.—Any alien is inad14 missible if— 

15 ‘‘(I) the alien has been removed 

16 under section 237(a)(2)(F); or 

17 ‘‘(II) the consular officer or the 

18 Secretary of Homeland Security 

19 knows, or has reasonable ground to 

20 believe that the alien— 

21 ‘‘(aa) is a member of a 

22 criminal street gang and has 

23 committed, conspired, or threat24 ened to commit, or seeks to enter 

25 the United States to engage soleVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
143 

•S 2377 IS

1 ly, principally, or incidentally in, 

2 a gang crime or any other unlaw3 ful activity; or 

4 ‘‘(bb) is a member of a 

5 criminal street gang designated 

6 under section 219A. 

7 ‘‘(ii) DEFINITIONS.—In this subpara8 graph: 

9 ‘‘(I) CRIMINAL STREET GANG.— 

10 The term ‘criminal street gang’ means 

11 an ongoing group, club organization 

12 or informal association of 5 or more 

13 persons who engage, or have engaged 

14 within the past 5 years in a con15 tinuing series of 3 or more gang 

16 crimes (1 of which is a crime of vio17 lence, as defined in section 16 of title 

18 18, United States Code). 

19 ‘‘(II) GANG CRIME.—The term 

20 ‘gang crime’ means conduct consti21 tuting any Federal or State crime, 

22 punishable by imprisonment for 1 

23 year or more, in any of the following 

24 categories: 


sroberts on PROD1PC70 with BILLS
144 

•S 2377 IS

1 ‘‘(aa) A crime of violence (as 

2 defined in section 16 of title 18, 

3 United States Code). 

4 ‘‘(bb) A crime involving ob5 struction of justice, tampering 

6 with or retaliating against a wit7 ness, victim, or informant, or 

8 burglary. 

9 ‘‘(cc) A crime involving the 

10 manufacturing, importing, dis11 tributing, possessing with intent 

12 to distribute, or otherwise dealing 

13 in a controlled substance or listed 

14 chemical (as those terms are de15 fined in section 102 of the Con16 trolled Substances Act (21 

17 U.S.C. 802)). 

18 ‘‘(dd) Any conduct punish19 able under section 844 of title 

20 18, United States Code (relating 

21 to explosive materials), sub22 section (d), (g)(1) (where the un23 derlying conviction is a violent 

24 felony (as defined in section 

25 924(e)(2)(B) of such title) or is a 


sroberts on PROD1PC70 with BILLS
145 

•S 2377 IS

1 serious drug offense (as defined 

2 in section 924(e)(2)(A)), (i), (j), 

3 (k), (o), (p), (q), (u), or (x) of 

4 section 922 of such title (relating 

5 to unlawful acts), or subsection 

6 (b), (c), (g), (h), (k), (l), (m), or 

7 (n) of section 924 of such title 

8 (relating to penalties), section 

9 930 of such title (relating to pos10 session of firearms and dan11 gerous weapons in Federal facili12 ties), section 931 of such title 

13 (relating to purchase, ownership, 

14 or possession of body armor by 

15 violent felons), sections 1028 and 

16 1029 of such title (relating to 

17 fraud and related activity in con18 nection with identification docu19 ments or access devices), section 

20 1952 of such title (relating to 

21 interstate and foreign travel or 

22 transportation in aid of racket23 eering enterprises), section 1956 

24 of such title (relating to the laun25 dering of monetary instruments), 


sroberts on PROD1PC70 with BILLS
146 

•S 2377 IS

1 section 1957 of such title (relat2 ing to engaging in monetary 

3 transactions in property derived 

4 from specified unlawful activity), 

5 or sections 2312 through 2315 of 

6 such title (relating to interstate 

7 transportation of stolen motor ve8 hicles or stolen property). 

9 ‘‘(ee) Any conduct punish10 able under section 274 (relating 

11 to bringing in and harboring cer12 tain aliens), section 277 (relating 

13 to aiding or assisting certain 

14 aliens to enter the United 

15 States), or section 278 (relating 

16 to importation of alien for im17 moral purpose) of this Act.’’. 

18 (b) DEPORTABLE.—Section 237(a)(2) of the Immi19 gration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

20 amended by adding at the end the following: 

21 ‘‘(F) CRIMINAL STREET GANG PARTICIPA22 TION.— 

23 ‘‘(i) IN GENERAL.—An alien is deport24 able if the alien— 


sroberts on PROD1PC70 with BILLS
147 

•S 2377 IS

1 ‘‘(I) is a member of a criminal 

2 street gang and is convicted of com3 mitting, or conspiring, threatening, or 

4 attempting to commit, a gang crime; 

5 or 

6 ‘‘(II) is determined by the Sec7 retary of Homeland Security to be a 

8 member of a criminal street gang des9 ignated under section 219A. 

10 ‘‘(ii) DEFINITIONS.—For purposes of 

11 this subparagraph, the terms ‘criminal 

12 street gang’ and ‘gang crime’ have the 

13 meaning given such terms in section 

14 212(a)(2)(J)(ii).’’. 

15 (c) DESIGNATION OF CRIMINAL STREET GANGS.— 

16 (1) IN GENERAL.—Chapter 2 of title II of the 

17 Immigration and Nationality Act (8 U.S.C. 1181 et 

18 seq.) is amended by adding at the end the following: 

19 ‘‘SEC. 219A. DESIGNATION OF CRIMINAL STREET GANGS. 

20 ‘‘(a) DESIGNATION.— 

21 ‘‘(1) IN GENERAL.—The Attorney General is 

22 authorized to designate a group or association as a 

23 criminal street gang in accordance with this sub24 section if the Attorney General finds that the group 


sroberts on PROD1PC70 with BILLS
148 

•S 2377 IS

1 or association meets the criteria described in section 

2 212(a)(2)(J)(ii)(I). 

3 ‘‘(2) PROCEDURE.— 

4 ‘‘(A) NOTICE.— 

5 ‘‘(i) TO CONGRESSIONAL LEADERS.— 

6 Seven days before making a designation 

7 under this subsection, the Attorney Gen8 eral shall, by classified communication, no9 tify the Speaker and Minority Leader of 

10 the House of Representatives, the Presi11 dent pro tempore, Majority Leader, and 

12 Minority Leader of the Senate, and the 

13 members of the relevant committees, in 

14 writing, of the intent to designate a group 

15 or association under this subsection, to16 gether with the findings made under para17 graph (1) with respect to that group or as18 sociation, and the factual basis therefore. 

19 ‘‘(ii) PUBLICATION IN FEDERAL REG20 ISTER.—The Attorney General shall pub21 lish the designation in the Federal Register 

22 7 days after providing the notification 

23 under clause (i). 


sroberts on PROD1PC70 with BILLS
149 

•S 2377 IS

1 ‘‘(B) EFFECT OF DESIGNATION.—A des2 ignation under this subsection shall take effect 

3 upon publication under subparagraph (A)(ii). 

4 ‘‘(3) RECORD.—In making a designation under 

5 this subsection, the Attorney General shall create an 

6 administrative record. 

7 ‘‘(4) PERIOD OF DESIGNATION.— 

8 ‘‘(A) IN GENERAL.—A designation under 

9 this subsection shall be effective for all purposes 

10 until revoked under paragraph (5) or (6) or set 

11 aside pursuant to subsection (b). 

12 ‘‘(B) REVIEW OF DESIGNATION UPON PE13 TITION.— 

14 ‘‘(i) IN GENERAL.—The Attorney 

15 General shall review the designation of a 

16 criminal street gang under the procedures 

17 set forth in clauses (iii) and (iv) if the des18 ignated gang or association files a petition 

19 for revocation within the petition period 

20 described in clause (ii). 

21 ‘‘(ii) PETITION PERIOD.—For pur22 poses of clause (i)— 

23 ‘‘(I) if the designated gang or as24 sociation has not previously filed a pe25 tition for revocation under this subVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00149 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
150 

•S 2377 IS

1 paragraph, the petition period begins 

2 2 years after the date on which the 

3 designation was made; or 

4 ‘‘(II) if the designated gang or 

5 association has previously filed a peti6 tion for revocation under this sub7 paragraph, the petition period begins 

8 2 years after the date of the deter9 mination made under clause (iv) on 

10 that petition. 

11 ‘‘(iii) PROCEDURES.—Any criminal 

12 street gang that submits a petition for rev13 ocation under this subparagraph shall pro14 vide evidence in that petition that the rel15 evant circumstances described in para16 graph (1) are sufficiently different from 

17 the circumstances that were the basis for 

18 the designation such that a revocation with 

19 respect to the gang is warranted. 

20 ‘‘(iv) DETERMINATION.— 

21 ‘‘(I) IN GENERAL.—Not later 

22 than 180 days after receiving a peti23 tion for revocation submitted under 

24 this subparagraph, the Attorney GenVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
151 

•S 2377 IS

1 eral shall make a determination as to 

2 such revocation. 

3 ‘‘(II) PUBLICATION OF DETER4 MINATION.—A determination made by 

5 the Attorney General under this 

6 clause shall be published in the Fed7 eral Register. 

8 ‘‘(III) PROCEDURES.—Any rev9 ocation by the Attorney General shall 

10 be made in accordance with para11 graph (6). 

12 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 

13 ‘‘(i) IN GENERAL.—If in a 4-year pe14 riod no review has taken place under sub15 paragraph (B), the Attorney General shall 

16 review the designation of the criminal 

17 street gang in order to determine whether 

18 such designation should be revoked pursu19 ant to paragraph (6). 

20 ‘‘(ii) PROCEDURES.—If a review does 

21 not take place pursuant to subparagraph 

22 (B) in response to a petition for revocation 

23 that is filed in accordance with that sub24 paragraph, then the review shall be con25 ducted pursuant to procedures established 


sroberts on PROD1PC70 with BILLS
152 

•S 2377 IS

1 by the Attorney General. The results of 

2 such review and the applicable procedures 

3 shall not be reviewable in any court. 

4 ‘‘(iii) PUBLICATION OF RESULTS OF

5 REVIEW.—The Attorney General shall pub6 lish any determination made pursuant to 

7 this subparagraph in the Federal Register. 

8 ‘‘(5) REVOCATION BASED ON CHANGE IN CIR9 CUMSTANCES.— 

10 ‘‘(A) IN GENERAL.—The Attorney General 

11 may revoke a designation made under para12 graph (1) at any time, and shall revoke a des13 ignation upon completion of a review conducted 

14 pursuant to subparagraphs (b) and (c) of para15 graph (4) if the Attorney General finds that— 

16 ‘‘(i) the circumstances that were the 

17 basis for the designation have changed in 

18 such a manner as to warrant revocation; or 

19 ‘‘(ii) the national security of the 

20 United States warrants a revocation. 

21 ‘‘(B) PROCEDURE.—The procedural re22 quirements of paragraphs (2) and (3) shall 

23 apply to a revocation under this paragraph. Any 

24 revocation shall take effect on the date specified 


sroberts on PROD1PC70 with BILLS
153 

•S 2377 IS

1 in the revocation or upon publication in the 

2 Federal Register if no effective date is specified. 

3 ‘‘(6) EFFECT OF REVOCATION.—The revocation 

4 of a designation under paragraph (5) shall not affect 

5 any action or proceeding based on conduct com6 mitted prior to the effective date of such revocation. 

7 ‘‘(7) USE OF DESIGNATION IN HEARING.—If a 

8 designation under this subsection has become effec9 tive under paragraph (2)(B), an alien in a removal 

10 proceeding shall not be permitted to raise any ques11 tion concerning the validity of the issuance of such 

12 designation as a defense or an objection at any hear13 ing. 

14 ‘‘(b) JUDICIAL REVIEW OF DESIGNATION.— 

15 ‘‘(1) IN GENERAL.—Not later than 60 days 

16 after publication of the designation in the Federal 

17 Register, a group or association designated as a 

18 criminal street gang may seek judicial review of the 

19 designation in the United States Court of Appeals 

20 for the District of Columbia Circuit. 

21 ‘‘(2) BASIS OF REVIEW.—Review under this 

22 subsection shall be based solely upon the administra23 tive record. 


sroberts on PROD1PC70 with BILLS
154 

•S 2377 IS

1 ‘‘(3) SCOPE OF REVIEW.—The court shall hold 

2 unlawful and set aside a designation the court finds 

3 to be— 

4 ‘‘(A) arbitrary, capricious, an abuse of dis5 cretion, or otherwise not in accordance with 

6 law; 

7 ‘‘(B) contrary to constitutional right, 

8 power, privilege, or immunity; 

9 ‘‘(C) in excess of statutory jurisdiction, au10 thority, or limitation, or short of statutory 

11 right; 

12 ‘‘(D) lacking substantial support in the ad13 ministrative record taken as a whole; or 

14 ‘‘(E) not in accord with the procedures re15 quired by law. 

16 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend17 ency of an action for judicial review of a designation 

18 shall not affect the application of this section, unless 

19 the court issues a final order setting aside the des20 ignation. 

21 ‘‘(c) RELEVANT COMMITTEE DEFINED.—As used in 

22 this section, the term ‘relevant committees’ means the 

23 Committee on the Judiciary of the Senate and the Com24 mittee on the Judiciary of the House of Representatives.’’. 


sroberts on PROD1PC70 with BILLS
155 

•S 2377 IS

1 (2) CLERICAL AMENDMENT.—The table of con2 tents for the Immigration and Nationality Act (8 

3 U.S.C. 1101 et seq.) is amended by inserting after 

4 the item relating to section 219 the following: 

‘‘Sec. 219A. Designation of criminal street gangs.’’. 

5 SEC. 508. MANDATORY DETENTION OF SUSPECTED CRIMI6 NAL STREET GANG MEMBERS. 

7 (a) IN GENERAL.—Section 236(c)(1)(D) of the Im8 migration and Nationality Act (8 U.S.C. 1226(c)(1)(D)) 

9 is amended— 

10 (1) by inserting ‘‘or 212(a)(2)(J)’’ after 

11 ‘‘212(a)(3)(B)’’; and 

12 (2) by inserting ‘‘or 237(a)(2)(F)’’ before 

13 ‘‘237(a)(4)(B)’’. 

14 (b) ANNUAL REPORT.—Not later than March 1 

15 2007, and annually thereafter, the Secretary of Homeland 

16 Security, after consultation with the appropriate Federal 

17 agencies, shall submit a report to the Committee on the 

18 Judiciary of the Senate and the Committee on the Judici19 ary of the House of Representatives on the number of 

20 aliens detained under the amendments made by subsection 

21 (a). 

22 SEC. 509. INELIGIBILITY FOR ASYLUM AND PROTECTION 

23 FROM REMOVAL. 

24 (a) INAPPLICABILITY OF RESTRICTION ON REMOVAL

25 TO CERTAIN COUNTRIES.—Section 241(b)(3)(B) of the 


sroberts on PROD1PC70 with BILLS
156 

•S 2377 IS

1 Immigration and Nationality Act (8 U.S.C. 

2 1231(b)(3)(B)) is amended, in the matter preceding 

3 clause (i), by inserting ‘‘who is described in section 

4 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) or who is’’ after 

5 ‘‘to an alien’’. 

6 (b) INELIGIBILITY FOR ASYLUM.—Section 

7 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) is 

8 amended— 

9 (1) in clause (v), by striking ‘‘or’’ at the end; 

10 (2) by redesignating clause (vi) as clause (vii); 

11 and 

12 (3) by inserting after clause (v) the following: 

13 ‘‘(vi) the alien is described in section 

14 212(a)(2)(J)(i) or section 237(a)(2)(F)(i) 

15 (relating to participation in criminal street 

16 gangs); or’’. 

17 (c) DENIAL OF REVIEW OF DETERMINATION OF IN18 ELIGIBILITY FOR TEMPORARY PROTECTED STATUS.— 

19 Section 244(c)(2) of such Act (8 U.S.C. 1254a(c)(2)) is 

20 amended by adding at the end the following: 

21 ‘‘(C) LIMITATION ON JUDICIAL REVIEW.— 

22 There shall be no judicial review of any finding 

23 under subparagraph (B) that an alien is de24 scribed in section 208(b)(2)(A)(vi).’’. 


sroberts on PROD1PC70 with BILLS
157 

•S 2377 IS

1 SEC. 510. PENALTIES FOR MISUSING SOCIAL SECURITY 

2 NUMBERS OR FILING FALSE INFORMATION 

3 WITH SOCIAL SECURITY ADMINISTRATION. 

4 (a) MISUSE OF SOCIAL SECURITY NUMBERS.— 

5 (1) IN GENERAL.—Section 208(a) of the Social 

6 Security Act (42 U.S.C. 408(a)) is amended— 

7 (A) in paragraph (7), by adding after sub8 paragraph (C) the following: 

9 ‘‘(D) with intent to deceive, discloses, sells, 

10 or transfers his own social security account 

11 number, assigned to him by the Commissioner 

12 of Social Security (in the exercise of the Com13 missioner’s authority under section 205(c)(2) to 

14 establish and maintain records), to any person; 

15 or’’; 

16 (B) in paragraph (8), by adding ‘‘or’’ at 

17 the end; and 

18 (C) by inserting after paragraph (8) the 

19 following: 

20 ‘‘(9) without lawful authority, offers, for a fee, 

21 to acquire for any individual, or to assist in acquir22 ing for any individual, an additional social security 

23 account number or a number that purports to be a 

24 social security account number; 

25 ‘‘(10) willfully acts or fails to act so as to cause 

26 a violation of section 205(c)(2)(C)(xii); 


sroberts on PROD1PC70 with BILLS
158 

•S 2377 IS

1 ‘‘(11) being an officer or employee of any exec2 utive, legislative, or judicial agency or instrumen3 tality of the Federal Government or of a State or 

4 political subdivision thereof, or a person acting as an 

5 agent of such an agency or instrumentality (or an 

6 officer or employee thereof or a person acting as an 

7 agent thereof) in possession of any individual’s social 

8 security account number, willfully acts or fails to act 

9 so as to cause a violation of clause (vi)(II), (x), (xi), 

10 (xii), (xiii), or (xiv) of section 205(c)(2)(C); or 

11 ‘‘(12) being a trustee appointed in a case under 

12 title 11, United States Code (or an officer or em13 ployee thereof or a person acting as an agent there14 of), willfully acts or fails to act so as to cause a vio15 lation of clause (x) or (xi) of section 205(c)(2)(C).’’. 

16 (2) EFFECTIVE DATES.—Paragraphs (7)(D) 

17 and (9) of section 208(a) of the Social Security Act, 

18 as added by paragraph (1), shall apply with respect 

19 to each violation occurring after the date of the en20 actment of this Act. Paragraphs (10), (11), and (12) 

21 of section 208(a) of such Act, as added by para22 graph (1)(C), shall apply with respect to each viola23 tion occurring on or after the effective date of this 

24 Act. 


sroberts on PROD1PC70 with BILLS
159 

•S 2377 IS

1 (b) REPORT ON ENFORCEMENT EFFORTS CON2 CERNING EMPLOYERS FILING FALSE INFORMATION RE3 TURNS.—The Commissioner of Internal Revenue and the 

4 Commissioner of Social Security shall submit to Congress 

5 an annual report on efforts taken to identify and enforce 

6 penalties against employers that file incorrect information 

7 returns. 

8 SEC. 511. TECHNICAL AND CLARIFYING AMENDMENTS. 

9 (a) TERRORIST ACTIVITIES.—Section 212 

10 (a)(3)(B)(ii) of the Immigration and Nationality Act (8 

11 U.S.C. 1182(a)(3)(B)(ii)) is amended— 

12 (1) by striking ‘‘Subclause (VII) of clause (i)’’ 

13 and inserting ‘‘Subclause (IX) of clause (i)’’; and 

14 (2) in subclause (II), by striking ‘‘consular offi15 cer or Attorney General’’ and inserting ‘‘consular of16 ficer, Attorney General, or Secretary of Homeland 

17 Security’’. 

18 (b) CLARIFICATION OF INELIGIBILITY FOR MIS19 REPRESENTATION.—Section 212(a)(6)(C)(ii)(I) (8 U.S.C. 

20 1182(a)(6)(C)(ii)(I)), is amended by striking ‘‘citizen’’ 

21 and inserting ‘‘national’’. 


sroberts on PROD1PC70 with BILLS
160 

•S 2377 IS

1 Subtitle B—Detention, Removal, 

2 and Departure 

3 SEC. 521. VOLUNTARY DEPARTURE REFORM. 

4 (a) ENCOURAGING ALIENS TO DEPART VOLUN5 TARILY.— 

6 (1) AUTHORITY.—Subsection (a) of section 

7 240B of the Immigration and Nationality Act (8 

8 U.S.C. 1229c) is amended— 

9 (A) by amending paragraph (1) to read as 

10 follows: 

11 ‘‘(1) IN LIEU OF REMOVAL PROCEEDINGS.—The 

12 Secretary of Homeland Security may permit an alien 

13 voluntarily to depart the United States at the alien’s 

14 own expense under this subsection, in lieu of being 

15 subject to proceedings under section 240, if the alien 

16 is not described in section 237(a)(2)(A)(iii) or sec17 tion 237(a)(4).’’; 

18 (B) by striking paragraph (3); 

19 (C) by redesignating paragraph (2) as 

20 paragraph (3); 

21 (D) by inserting after paragraph (1) the 

22 following new paragraph: 

23 ‘‘(2) PRIOR TO THE CONCLUSION OF REMOVAL

24 PROCEEDINGS.—After removal proceedings under 

25 section 240 are initiated, the Attorney General may 


sroberts on PROD1PC70 with BILLS
161 

•S 2377 IS

1 permit an alien voluntarily to depart the United 

2 States at the alien’s own expense under this sub3 section, prior to the conclusion of such proceedings 

4 before an immigration judge, if the alien is not de5 scribed in section 237(a)(2)(A)(iii) or section 

6 237(a)(4).’’; and 

7 (E) in paragraph (4), by striking ‘‘para8 graph (1)’’ and inserting ‘‘paragraphs (1) and 

9 (2)’’. 

10 (2) VOLUNTARY DEPARTURE PERIOD.—Such 

11 section is further amended— 

12 (A) in subsection (a)(3), as redesignated 

13 by paragraph (1)(C)— 

14 (i) by amending subparagraph (A) to 

15 read as follows: 

16 ‘‘(A) IN LIEU OF REMOVAL.—Subject to 

17 subparagraph (C), permission to depart volun18 tarily under paragraph (1) shall not be valid for 

19 a period exceeding 90 days. The Secretary of 

20 Homeland Security may require an alien per21 mitted to depart voluntarily under paragraph 

22 (1) to post a voluntary departure bond, to be 

23 surrendered upon proof that the alien has de24 parted the United States within the time speci25 fied.’’; 


sroberts on PROD1PC70 with BILLS
162 

•S 2377 IS

1 (ii) in subparagraph (B), by striking 

2 ‘‘subparagraphs (C) and (D)(ii)’’ and in3 serting ‘‘subparagraphs (D) and (E)(ii)’’; 

4 (iii) in subparagraphs (C) and (D), by 

5 striking ‘‘subparagraph (B)’’ and inserting 

6 ‘‘subparagraph (C)’’ each place it appears; 

7 (iv) by redesignating subparagraphs 

8 (B), (C), and (D) as subparagraphs (C), 

9 (D), and (E), respectively; and 

10 (v) by inserting after subparagraph 

11 (A) the following new subparagraph: 

12 ‘‘(B) PRIOR TO THE CONCLUSION OF RE13 MOVAL PROCEEDINGS.—Permission to depart 

14 voluntarily under paragraph (2) shall not be 

15 valid for a period exceeding 60 days, and may 

16 be granted only after a finding that the alien 

17 has established that the alien has the means to 

18 depart the United States and intends to do so. 

19 An alien permitted to depart voluntarily under 

20 paragraph (2) must post a voluntary departure 

21 bond, in an amount necessary to ensure that 

22 the alien will depart, to be surrendered upon 

23 proof that the alien has departed the United 

24 States within the time specified. An immigra25 tion judge may waive posting of a voluntary deVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
163 

•S 2377 IS

1 parture bond in individual cases upon a finding 

2 that the alien has presented compelling evidence 

3 that the posting of a bond will be a serious fi4 nancial hardship and the alien has presented 

5 credible evidence that such a bond is unneces6 sary to guarantee timely departure.’’; and 

7 (B) in subsection (b)(2), by striking ‘‘60 

8 days’’ and inserting ‘‘45 days’’. 

9 (3) VOLUNTARY DEPARTURE AGREEMENTS.— 

10 Subsection (c) of such section is amended to read as 

11 follows: 

12 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

13 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

14 Voluntary departure will be granted only as part of 

15 an affirmative agreement by the alien. A voluntary 

16 departure agreement under subsection (b) shall in17 clude a waiver of the right to any further motion, 

18 appeal, application, petition, or petition for review 

19 relating to removal or relief or protection from re20 moval. 

21 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

22 connection with the alien’s agreement to depart vol23 untarily under paragraph (1), the Secretary of 

24 Homeland Security in the exercise of discretion may 

25 agree to a reduction in the period of inadmissibility 


sroberts on PROD1PC70 with BILLS
164 

•S 2377 IS

1 under subparagraph (A) or (B)(i) of section 

2 212(a)(9). 

3 ‘‘(3) FAILURE TO COMPLY WITH AGREEMENT

4 AND EFFECT OF FILING TIMELY APPEAL.—If an 

5 alien agrees to voluntary departure under this sec6 tion and fails to depart the United States within the 

7 time allowed for voluntary departure or fails to com8 ply with any other terms of the agreement (including 

9 a failure to timely post any required bond), the alien 

10 automatically becomes ineligible for the benefits of 

11 the agreement, subject to the penalties described in 

12 subsection (d), and subject to an alternate order of 

13 removal if voluntary departure was granted under 

14 subsection (a)(2) or (b). However, if an alien agrees 

15 to voluntary departure but later files a timely appeal 

16 of the immigration judge’s decision granting vol17 untary departure, the alien may pursue the appeal 

18 instead of the voluntary departure agreement. Such 

19 appeal operates to void the alien’s voluntary depar20 ture agreement and the consequences thereof, but 

21 the alien may not again be granted voluntary depar22 ture while the alien remains in the United States.’’. 

23 (4) ELIGIBILITY.—Subsection (e) of such sec24 tion is amended to read as follows: 

25 ‘‘(e) ELIGIBILITY.— 


sroberts on PROD1PC70 with BILLS
165 

•S 2377 IS

1 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR2 TURE.—An alien shall not be permitted to depart 

3 voluntarily under this section if the Secretary of 

4 Homeland Security or the Attorney General pre5 viously permitted the alien to depart voluntarily. 

6 ‘‘(2) ADDITIONAL LIMITATIONS.—The Sec7 retary of Homeland Security may by regulation limit 

8 eligibility or impose additional conditions for vol9 untary departure under subsection (a)(1) for any 

10 class or classes of aliens. The Secretary or Attorney 

11 General may by regulation limit eligibility or impose 

12 additional conditions for voluntary departure under 

13 subsection (a)(2) or (b) for any class or classes of 

14 aliens. Notwithstanding any other provision of law 

15 (statutory or nonstatutory), including section 2241 

16 of title 28, United States Code, or any other habeas 

17 corpus provision, and section 1361 and 1651 of such 

18 title, no court may review any regulation issued 

19 under this subsection.’’. 

20 (b) AVOIDING DELAYS IN VOLUNTARY DEPAR21 TURE.— 

22 (1) ALIEN’S OBLIGATION TO DEPART WITHIN

23 THE TIME ALLOWED.—Subsection (c) of section 

24 240B of the Immigration and Nationality Act (8 

25 U.S.C. 1229c), as amended by subsection (a), is furVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00165 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
166 

•S 2377 IS

1 ther amended by adding at the end the following 

2 new paragraph: 

3 ‘‘(4) VOLUNTARY DEPARTURE PERIOD NOT AF4 FECTED.—Except as expressly agreed to by the Sec5 retary of Homeland Security in writing in the exer6 cise of the Secretary’s discretion before the expira7 tion of the period allowed for voluntary departure, 

8 no motion, appeal, application, petition, or petition 

9 for review shall affect, reinstate, enjoin, delay, stay, 

10 or toll the alien’s obligation to depart from the 

11 United States during the period agreed to by the 

12 alien and the Secretary.’’. 

13 (2) NO TOLLING.—Subsection (f) of such sec14 tion is amended by adding at the end the following 

15 new sentence: ‘‘Notwithstanding any other provision 

16 of law (statutory or nonstatutory), including section 

17 2241 of title 28, United States Code, or any other 

18 habeas corpus provision, and section 1361 and 1651 

19 of such title, no court shall have jurisdiction to af20 fect, reinstate, enjoin, delay, stay, or toll the period 

21 allowed for voluntary departure under this section.’’. 

22 (c) PENALTIES FOR FAILURE TO DEPART VOLUN23 TARILY.— 

24 (1) PENALTIES FOR FAILURE TO DEPART.— 

25 Subsection (d) of section 240B of the Immigration 


sroberts on PROD1PC70 with BILLS
167 

•S 2377 IS

1 and Nationality Act (8 U.S.C. 1229c) is amended to 

2 read as follows: 

3 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

4 alien is permitted to depart voluntarily under this section 

5 and fails voluntarily to depart from the United States 

6 within the time period specified or otherwise violates the 

7 terms of a voluntary departure agreement, the following 

8 provisions apply: 

9 ‘‘(1) CIVIL PENALTY.— 

10 ‘‘(A) IN GENERAL.—The alien will be liable 

11 for a civil penalty of $3,000. 

12 ‘‘(B) SPECIFICATION IN ORDER.—The 

13 order allowing voluntary departure shall specify 

14 the amount of the penalty, which shall be ac15 knowledged by the alien on the record. 

16 ‘‘(C) COLLECTION.—If the Secretary of 

17 Homeland Security thereafter establishes that 

18 the alien failed to depart voluntarily within the 

19 time allowed, no further procedure will be nec20 essary to establish the amount of the penalty, 

21 and the Secretary may collect the civil penalty 

22 at any time thereafter and by whatever means 

23 provided by law. 

24 ‘‘(D) INELIGIBILITY FOR BENEFITS.—An 

25 alien will be ineligible for any benefits under 


sroberts on PROD1PC70 with BILLS
168 

•S 2377 IS

1 this title until any civil penalty under this sub2 section is paid. 

3 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

4 will be ineligible during the time the alien remains 

5 in the United States and for a period of 10 years 

6 after the alien’s departure for any further relief 

7 under this section and sections 240A, 245, 248, and 

8 249. 

9 ‘‘(3) REOPENING.— 

10 ‘‘(A) IN GENERAL.—Subject to subpara11 graph (B), the alien will be ineligible to reopen 

12 a final order of removal which took effect upon 

13 the alien’s failure to depart, or the alien’s viola14 tion of the conditions for voluntary departure, 

15 during the period described in paragraph (2). 

16 ‘‘(B) EXCEPTION.—Subparagraph (A) 

17 does not preclude a motion to reopen to seek 

18 withholding of removal under section 241(b)(3) 

19 or protection against torture. 

20 ‘‘The order permitting the alien to depart vol21 untarily under this section shall inform the alien of 

22 the penalties under this subsection.’’. 

23 (2) IMPLEMENTATION OF EXISTING STATUTORY

24 PENALTIES.—The Secretary of Homeland Security 

25 shall implement regulations to provide for the impoVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00168 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
169 

•S 2377 IS

1 sition and collection of penalties for failure to depart 

2 under section 240B(d) of the Immigration and Na3 tionality Act, as amended by paragraph (1). 

4 (d) VOLUNTARY DEPARTURE AGREEMENTS NEGO5 TIATED BY STATE OR LOCAL COURTS.—Section 240B of 

6 the Immigration and Nationality Act (8 U.S.C. 1229c) is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(g) VOLUNTARY DEPARTURE AGREEMENTS NEGO10 TIATED BY STATE OR LOCAL COURTS.— 

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

12 Security may permit an alien voluntarily to depart 

13 the United States at the alien’s own expense under 

14 this subsection at any time prior to the scheduling 

15 of the first merits hearing, in lieu of applying for an16 other form of relief from removal, if the alien— 

17 ‘‘(A) is deportable under section 237(a)(1); 

18 ‘‘(B) is charged in a criminal proceeding in 

19 a State or local court for which conviction 

20 would subject the alien to deportation under 

21 paragraphs (2) through (6) of section 237(a); 

22 and 

23 ‘‘(C) has accepted a plea bargain in such 

24 proceeding which stipulates that the alien, after 

25 consultation with counsel in such proceeding— 


sroberts on PROD1PC70 with BILLS
170 

•S 2377 IS

1 ‘‘(i) voluntarily waives application for 

2 another form of relief from removal; 

3 ‘‘(ii) consents to transportation, under 

4 custody of a law enforcement officer of the 

5 State or local court, to an appropriate 

6 international port of entry where departure 

7 from the United States will occur; 

8 ‘‘(iii) possesses or will promptly obtain 

9 travel documents issued by the foreign 

10 state of which the alien is a national or 

11 legal resident; and 

12 ‘‘(iv) possesses the means to purchase 

13 transportation from the port of entry to 

14 the foreign state to which the alien will de15 part from the United States. 

16 ‘‘(2) REVIEW.—The Secretary shall promptly 

17 review an application for voluntary departure for 

18 compliance with the requirements of paragraph (1). 

19 The Secretary shall permit voluntary departure 

20 under this subsection unless the State or local juris21 diction is informed in writing not later that 30 days 

22 after such application is filed, that the Secretary in23 tends to seek removal under section 240.’’. 

24 (e) EFFECTIVE DATES.— 


sroberts on PROD1PC70 with BILLS
171 

•S 2377 IS

1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this section 

3 shall apply with respect to all orders granting vol4 untary departure under section 240B of the Immi5 gration and Nationality Act (8 U.S.C. 1229c) made 

6 on or after the date that is 180 days after the date 

7 of the enactment of this Act. 

8 (2) EXCEPTION.—The amendment made by 

9 subsection (b)(2) shall take effect on the date of the 

10 enactment of this Act and shall apply with respect 

11 to any petition for review which is entered on or 

12 after such date. 

13 SEC. 522. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 

14 (a) IN GENERAL.— 

15 (1) BONDS.—Section 236(a)(2) of the Immigra16 tion and Nationality Act (8 U.S.C. 1226(a)(2)) is 

17 amended to read as follows: 

18 ‘‘(2) may, upon an express finding by an immi19 gration judge, that the alien is not a flight risk and 

20 is not a threat to the United States, release the alien 

21 on a bond— 

22 ‘‘(A) of not less than $5,000 release an 

23 alien; or 

24 ‘‘(B) if the alien is a national of Canada 

25 or Mexico, of not less than $3,000; or.’’. 


sroberts on PROD1PC70 with BILLS
172 

•S 2377 IS

1 (2) CONFORMING AMENDMENT.—Section 

2 236(a) of the Immigration and Nationality Act (8 

3 U.S.C. 1226) is amended by inserting ‘‘or the Sec4 retary of Homeland Security’’ after the ‘‘Attorney 

5 General’’ each place it appears. 

6 (3) REPORT.—Not later than 2 years after the 

7 enactment of this Act, the Secretary of Homeland 

8 Security shall submit to Congress a report on the 

9 number of aliens who are citizens or nationals of a 

10 country other than Canada or Mexico who are ap11 prehended along an international land border of the 

12 United States between ports of entry. 

13 (b) DETENTION OF ALIENS DELIVERED BY BONDS14 MEN.—Section 241(a) of the Immigration and Nationality 

15 Act (8 U.S.C. 1231(a)) is amended by adding at the end 

16 the following new paragraph: 

17 ‘‘(8) EFFECT OF PRODUCTION OF ALIEN BY

18 BONDSMAN.—Notwithstanding any other provision 

19 of law, the Secretary of Homeland Security shall 

20 take into custody any alien subject to a final order 

21 of removal, and cancel any bond previously posted 

22 for the alien, if the alien is produced within the pre23 scribed time limit by the obligor on the bond. The 

24 obligor on the bond shall be deemed to have substan25 tially performed all conditions imposed by the terms 


sroberts on PROD1PC70 with BILLS
173 

•S 2377 IS

1 of the bond, and shall be released from liability on 

2 the bond, if the alien is produced within such time 

3 limit.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 subsection (a) and (b) shall take effect on the date of the 

6 enactment of this Act and the amendment made by sub7 section (b) shall apply to all immigration bonds posted be8 fore, on, or after such date. 

9 SEC. 523. EXPEDITED REMOVAL. 

10 (a) IN GENERAL.—Section 238 of the Immigration 

11 and Nationality Act (8 U.S.C. 1228) is amended— 

12 (1) by striking the section heading and insert13 ing ‘‘EXPEDITED REMOVAL OF CRIMINAL ALIENS’’; 

14 (2) in subsection (a), by striking the subsection 

15 heading and inserting: ‘‘EXPEDITED REMOVAL

16 FROM CORRECTIONAL FACILITIES.—’’; 

17 (3) in subsection (b), by striking the subsection 

18 heading and inserting: ‘‘REMOVAL OF CRIMINAL

19 ALIENS.—’’; 

20 (4) in subsection (b), by striking paragraphs 

21 (1) and (2) and inserting the following: 

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

23 Security may, in the case of an alien described in 

24 paragraph (2), determine the deportability of such 

25 alien and issue an order of removal pursuant to the 


sroberts on PROD1PC70 with BILLS
174 

•S 2377 IS

1 procedures set forth in this subsection or section 

2 240. 

3 ‘‘(2) ALIENS DESCRIBED.—An alien is de4 scribed in this paragraph if the alien, whether or not 

5 admitted into the United States, was convicted of 

6 any criminal offense described in subparagraph 

7 (A)(iii), (C), or (D) of section 237(a)(2).’’; 

8 (5) in the subsection (c) that relates to pre9 sumption of deportability, by striking ‘‘convicted of 

10 an aggravated felony’’ and inserting ‘‘described in 

11 subsection (b)(2)’’; 

12 (6) by redesignating the subsection (c) that re13 lates to judicial removal as subsection (d); and 

14 (7) in subsection (d)(5) (as so redesignated), by 

15 striking ‘‘, who is deportable under this Act,’’. 

16 (b) APPLICATION TO CERTAIN ALIENS.— 

17 (1) IN GENERAL.—Section 235(b)(1)(A)(iii) of 

18 the Immigration and Nationality Act (8 U.S.C. 

19 1225(b)(1)(A)(iii)) is amended— 

20 (A) in subclause (I), by striking ‘‘Attorney 

21 General’’ and inserting ‘‘Secretary of Homeland 

22 Security’’ each place it appears; and 

23 (B) by adding at the end the following new 

24 subclause: 


sroberts on PROD1PC70 with BILLS
175 

•S 2377 IS

1 ‘‘(III) EXCEPTION.—Notwith2 standing subclauses (I) and (II), the 

3 Secretary of Homeland Security shall 

4 apply clauses (i) and (ii) of this sub5 paragraph to any alien (other than an 

6 alien described in subparagraph (F)) 

7 who is not a national of a country 

8 contiguous to the United States, who 

9 has not been admitted or paroled into 

10 the United States, and who is appre11 hended within 100 miles of an inter12 national land border of the United 

13 States and within 14 days of entry.’’. 

14 (2) EXCEPTIONS.—Section 235(b)(1)(F) of the 

15 Immigration and Nationality Act (8 U.S.C. 

16 1225(b)(1)(F)) is amended— 

17 (A) by striking ‘‘and who arrives by air18 craft at a port of entry’’ and inserting ‘‘and— 

19 ’’; and 

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

21 ‘‘(i) who arrives by aircraft at a port 

22 of entry; or 

23 ‘‘(ii) who is present in the United 

24 States and arrived in any manner at or be25 tween a port of entry.’’. 


sroberts on PROD1PC70 with BILLS
176 

•S 2377 IS

1 (c) LIMIT ON INJUNCTIVE RELIEF.—Section 

2 242(f)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended 

3 by inserting ‘‘or stay, whether temporarily or otherwise,’’ 

4 after ‘‘enjoin’’. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on the date of the enactment 

7 of this Act and shall apply to all aliens apprehended or 

8 convicted on or after such date. 

9 SEC. 524. REINSTATEMENT OF PREVIOUS REMOVAL OR10 DERS. 

11 Section 241(a)(5) of the Immigration and Nationality 

12 Act (8 U.S.C. 1231(a)(5)) is amended to read as follows: 

13 ‘‘(5) REINSTATEMENT OF PREVIOUS REMOVAL

14 ORDERS.— 

15 ‘‘(A) REMOVAL.—The Secretary of Home16 land Security shall remove an alien who is an 

17 applicant for admission (other than an admis18 sible alien presenting himself or herself for in19 spection at a port of entry or an alien paroled 

20 into the United States under section 

21 212(d)(5)), after having been, on or after Sep22 tember 30, 1996, excluded, deported, or re23 moved, or having departed voluntarily under an 

24 order of exclusion, deportation, or removal. 


sroberts on PROD1PC70 with BILLS
177 

•S 2377 IS

1 ‘‘(B) JUDICIAL REVIEW.—The removal de2 scribed in subparagraph (A) shall not require 

3 any proceeding before an immigration judge, 

4 and shall be under the prior order of exclusion, 

5 deportation, or removal, which is not subject to 

6 reopening or review. The alien is not eligible 

7 and may not apply for or receive any immigra8 tion relief or benefit under this Act or any other 

9 law, with the exception of sections 208 or 

10 241(b)(3) or the Convention Against Torture 

11 and Other Cruel, Inhuman or Degrading Treat12 ment or Punishment, done at New York De13 cember 10, 1984, in the case of an alien who 

14 indicates either an intention to apply for asylum 

15 under section 208 or a fear of persecution or 

16 torture.’’. 

17 SEC. 525. CANCELLATION OF REMOVAL. 

18 Section 240A(c) of the Immigration and Nationality 

19 Act (8 U.S.C. 1229b(c)) is amended by adding at the end 

20 the following: 

21 ‘‘(7) An alien who is inadmissible under section 

22 212(a)(9)(B)(i).’’. 

23 SEC. 526. DETENTION OF DANGEROUS ALIEN. 

24 (a) IN GENERAL.—Section 241 of the Immigration 

25 and Nationality Act (8 U.S.C. 1231) is amended— 


sroberts on PROD1PC70 with BILLS
178 

•S 2377 IS

1 (1) in subsection (a), by striking ‘‘Attorney 

2 General’’ and inserting ‘‘Secretary of Homeland Se3 curity’’ each place it appears; 

4 (2) in subsection (a)(1)(B), by adding after 

5 clause (iii) the following: 

6 ‘‘If, at that time, the alien is not in the custody 

7 of the Secretary (under the authority of this 

8 Act), the Secretary shall take the alien into cus9 tody for removal, and the removal period shall 

10 not begin until the alien is taken into such cus11 tody. If the Secretary transfers custody of the 

12 alien during the removal period pursuant to law 

13 to another Federal agency or a State or local 

14 government agency in connection with the offi15 cial duties of such agency, the removal period 

16 shall be tolled, and shall begin anew on the date 

17 of the alien’s return to the custody of the Sec18 retary.’’. 

19 (3) by amending clause (ii) of subsection 

20 (a)(1)(B) to read as follows: 

21 ‘‘(ii) If a court, the Board of Immi22 gration Appeals, or an immigration judge 

23 orders a stay of the removal of the alien, 

24 the date the stay of removal is no longer 

25 in effect.’’; 


sroberts on PROD1PC70 with BILLS
179 

•S 2377 IS

1 (4) by amending subparagraph (C) of sub2 section (a)(1) to read as follows: 

3 ‘‘(C) SUSPENSION OF PERIOD.—The re4 moval period shall be extended beyond a period 

5 of 90 days and the alien may remain in deten6 tion during such extended period if the alien 

7 fails or refuses to make all reasonable efforts to 

8 comply with the removal order, or to fully co9 operate with the Secretary’s efforts to establish 

10 the alien’s identity and carry out the removal 

11 order, including making timely application in 

12 good faith for travel or other documents nec13 essary to the alien’s departure, or conspires or 

14 acts to prevent the alien’s removal subject to an 

15 order of removal.’’; 

16 (5) in subsection (a)(2), by adding at the end 

17 ‘‘If a court orders a stay of removal of an alien who 

18 is subject to an administratively final order of re19 moval, the Secretary in the exercise of discretion 

20 may detain the alien during the pendency of such 

21 stay of removal.’’; 

22 (6) in subsection (a)(3), by amending subpara23 graph (D) to read as follows: 

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

25 alien’s conduct or activities, or perform affirmaVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00179 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
180 

•S 2377 IS

1 tive acts, that the Secretary prescribes for the 

2 alien, in order to prevent the alien from ab3 sconding, or for the protection of the commu4 nity, or for other purposes related to the en5 forcement of the immigration laws.’’; 

6 (7) in subsection (a)(6), by striking ‘‘removal 

7 period and, if released,’’ and inserting ‘‘removal pe8 riod, in the discretion of the Secretary, without any 

9 limitations other than those specified in this section, 

10 until the alien is removed. If an alien is released, the 

11 alien’’; 

12 (8) by redesignating paragraph (7) of sub13 section (a) as paragraph (10) and inserting after 

14 paragraph (6) of such subsection the following new 

15 paragraphs: 

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

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

18 Secretary, in the Secretary’s discretion, may parole 

19 the alien under section 212(d)(5) of this Act and 

20 may provide, notwithstanding section 212(d)(5), that 

21 the alien shall not be returned to custody unless ei22 ther the alien violates the conditions of the alien’s 

23 parole or the alien’s removal becomes reasonably 

24 foreseeable, provided that in no circumstance shall 

25 such alien be considered admitted. 


sroberts on PROD1PC70 with BILLS
181 

•S 2377 IS

1 ‘‘(8) APPLICATION OF ADDITIONAL RULES FOR

2 DETENTION OR RELEASE OF CERTAIN ALIENS WHO

3 HAVE MADE AN ENTRY.—The rules set forth in sub4 section (j) shall only apply with respect to an alien 

5 who was lawfully admitted the most recent time the 

6 alien entered the United States or has otherwise ef7 fected an entry into the United States. 

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

9 place of confinement, judicial review of any action or 

10 decision pursuant to paragraphs (6), (7), or (8) or 

11 subsection (j) shall be available exclusively in habeas 

12 corpus proceedings instituted in the United States 

13 District Court for the District of Columbia, and only 

14 if the alien has exhausted all administrative rem15 edies (statutory and regulatory) available to the 

16 alien as of right.’’; and 

17 (9) by adding at the end the following new sub18 section: 

19 ‘‘(j) ADDITIONAL RULES FOR DETENTION OR RE20 LEASE OF CERTAIN ALIENS WHO HAVE MADE AN

21 ENTRY.— 

22 ‘‘(1) APPLICATION.—The rules set forth in this 

23 subsection apply in the case of an alien described in 

24 subsection (a)(8). 


sroberts on PROD1PC70 with BILLS
182 

•S 2377 IS

1 ‘‘(2) ESTABLISHMENT OF A DETENTION RE2 VIEW PROCESS FOR ALIENS WHO FULLY COOPERATE

3 WITH REMOVAL.— 

4 ‘‘(A) IN GENERAL.—The Secretary of 

5 Homeland Security shall establish an adminis6 trative review process to determine whether the 

7 aliens should be detained or released on condi8 tions for aliens who— 

9 ‘‘(i) have made all reasonable efforts 

10 to comply with their removal orders; 

11 ‘‘(ii) have complied with the Sec12 retary’s efforts to carry out the removal 

13 orders, including making timely application 

14 in good faith for travel or other documents 

15 necessary to the alien’s departure; and 

16 ‘‘(iii) have not conspired or acted to 

17 prevent removal. 

18 ‘‘(B) DETERMINATION.—The Secretary 

19 shall make a determination whether to release 

20 an alien after the removal period in accordance 

21 with paragraphs (3) and (4). The determina22 tion— 

23 ‘‘(i) shall include consideration of any 

24 evidence submitted by the alien and the 


sroberts on PROD1PC70 with BILLS
183 

•S 2377 IS

1 history of the alien’s efforts to comply with 

2 the order of removal; and 

3 ‘‘(ii) may include any information or 

4 assistance provided by the Secretary of 

5 State or other Federal agency and any 

6 other information available to the Sec7 retary of Homeland Security pertaining to 

8 the ability to remove the alien. 

9 ‘‘(3) AUTHORITY TO DETAIN BEYOND REMOVAL

10 PERIOD.— 

11 ‘‘(A) INITIAL 90-DAY PERIOD.—The Sec12 retary of Homeland Security in the exercise of 

13 discretion, without any limitations other than 

14 those specified in this section, may continue to 

15 detain an alien for 90 days beyond the removal 

16 period (including any extension of the removal 

17 period as provided in subsection (a)(1)(C)). 

18 ‘‘(B) EXTENSION.— 

19 ‘‘(i) IN GENERAL.—The Secretary in 

20 the exercise of discretion, without any limi21 tations other than those specified in this 

22 section, may continue to detain an alien 

23 beyond the 90-day period authorized in 

24 subparagraph (A)— 


sroberts on PROD1PC70 with BILLS
184 

•S 2377 IS

1 ‘‘(I) until the alien is removed if 

2 the conditions described in subpara3 graph (A) or (B) of paragraph (4) 

4 apply; or 

5 ‘‘(II) pending a determination as 

6 provided in subparagraph (C) of para7 graph (4). 

8 ‘‘(ii) RENEWAL.—The Secretary may 

9 renew a certification under paragraph 

10 (4)(B) every six months without limitation, 

11 after providing an opportunity for the alien 

12 to request reconsideration of the certifi13 cation and to submit documents or other 

14 evidence in support of that request. If the 

15 Secretary does not renew a certification, 

16 the Secretary may not continue to detain 

17 the alien under such paragraph. 

18 ‘‘(iii) DELEGATION.—Notwithstanding 

19 section 103, the Secretary may not dele20 gate the authority to make or renew a cer21 tification described in clause (ii), (iii), or 

22 (v) of paragraph (4)(B) below the level of 

23 the Assistant Secretary for Immigration 

24 and Customs Enforcement. 


sroberts on PROD1PC70 with BILLS
185 

•S 2377 IS

1 ‘‘(iv) HEARING.—The Secretary may 

2 request that the Attorney General provide 

3 for a hearing to make the determination 

4 described in clause (iv)(II) of paragraph 

5 (4)(B). 

6 ‘‘(4) CONDITIONS FOR EXTENSION.—The condi7 tions for continuation of detention are any of the fol8 lowing: 

9 ‘‘(A) The Secretary determines that there 

10 is a significant likelihood that the alien— 

11 ‘‘(i) will be removed in the reasonably 

12 foreseeable future; or 

13 ‘‘(ii) would be removed in the reason14 ably foreseeable future, or would have been 

15 removed, but for the alien’s failure or re16 fusal to make all reasonable efforts to com17 ply with the removal order, or to fully co18 operate with the Secretary’s efforts to es19 tablish the alien’s identity and carry out 

20 the removal order, including making timely 

21 application in good faith for travel or other 

22 documents necessary to the alien’s depar23 ture, or conspiracies or acts to prevent re24 moval. 


sroberts on PROD1PC70 with BILLS
186 

•S 2377 IS

1 ‘‘(B) The Secretary certifies in writing any 

2 of the following: 

3 ‘‘(i) In consultation with the Secretary 

4 of Health and Human Services, the alien 

5 has a highly contagious disease that poses 

6 a threat to public safety. 

7 ‘‘(ii) After receipt of a written rec8 ommendation from the Secretary of State, 

9 the release of the alien is likely to have se10 rious adverse foreign policy consequences 

11 for the United States. 

12 ‘‘(iii) Based on information available 

13 to the Secretary (including available infor14 mation from the intelligence community, 

15 and without regard to the grounds upon 

16 which the alien was ordered removed), 

17 there is reason to believe that the release 

18 of the alien would threaten the national se19 curity of the United States. 

20 ‘‘(iv) The release of the alien will 

21 threaten the safety of the community or 

22 any person, the conditions of release can23 not reasonably be expected to ensure the 

24 safety of the community or any person, 

25 and— 


sroberts on PROD1PC70 with BILLS
187 

•S 2377 IS

1 ‘‘(I) the alien has been convicted 

2 of one or more aggravated felonies de3 scribed in section 101(a)(43)(A) or of 

4 one or more crimes identified by the 

5 Secretary by regulation, or of one or 

6 more attempts or conspiracies to com7 mit any such aggravated felonies or 

8 such crimes, for an aggregate term of 

9 imprisonment of at least five years; or 

10 ‘‘(II) the alien has committed one 

11 or more crimes of violence and, be12 cause of a mental condition or person13 ality disorder and behavior associated 

14 with that condition or disorder, the 

15 alien is likely to engage in acts of vio16 lence in the future. 

17 ‘‘(v) The release of the alien will 

18 threaten the safety of the community or 

19 any person, conditions of release cannot 

20 reasonably be expected to ensure the safety 

21 of the community or any person, and the 

22 alien has been convicted of at least one ag23 gravated felony. 

24 ‘‘(C) Pending a determination under sub25 paragraph (B), if the Secretary has initiated 


sroberts on PROD1PC70 with BILLS
188 

•S 2377 IS

1 the administrative review process no later than 

2 30 days after the expiration of the removal pe3 riod (including any extension of the removal pe4 riod as provided in subsection (a)(1)(C)). 

5 ‘‘(5) RELEASE ON CONDITIONS.—If it is deter6 mined that an alien should be released from deten7 tion, the Secretary in the exercise of discretion may 

8 impose conditions on release as provided in sub9 section (a)(3). 

10 ‘‘(6) REDETENTION.—The Secretary in the ex11 ercise of discretion, without any limitations other 

12 than those specified in this section, may again de13 tain any alien subject to a final removal order who 

14 is released from custody if the alien fails to comply 

15 with the conditions of release or to cooperate in the 

16 alien’s removal from the United States, or if, upon 

17 reconsideration, the Secretary determines that the 

18 alien can be detained under paragraph (1). Para19 graphs (6) through (8) of subsection (a) shall apply 

20 to any alien returned to custody pursuant to this 

21 paragraph, as if the removal period terminated on 

22 the day of the redetention. 

23 ‘‘(7) CERTAIN ALIENS WHO EFFECTED

24 ENTRY.—If an alien has effected an entry into the 

25 United States but has neither been lawfully admitted 


sroberts on PROD1PC70 with BILLS
189 

•S 2377 IS

1 nor physically present in the United States continu2 ously for the 2-year period immediately prior to the 

3 commencement of removal proceedings under this 

4 Act or deportation proceedings against the alien, the 

5 Secretary in the exercise of discretion may decide 

6 not to apply subsection (a)(8) and this subsection 

7 and may detain the alien without any limitations ex8 cept those imposed by regulation.’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect upon the date of the enact11 ment of this Act, and section 241 of the Immigration and 

12 Nationality Act, as amended, shall apply to— 

13 (1) all aliens subject to a final administrative 

14 removal, deportation, or exclusion order that was 

15 issued before, on, or after the date of the enactment 

16 of this Act; and 

17 (2) acts and conditions occurring or existing be18 fore, on, or after the date of the enactment of this 

19 Act. 

20 SEC. 527. ALTERNATIVES TO DETENTION. 

21 The Secretary of Homeland Security shall implement 

22 pilot programs in the 6 States with the largest estimated 

23 populations of deportable aliens to study the effectiveness 

24 of alternatives to detention, including electronic moni25 toring devices and intensive supervision programs, in enVerDate Aug 31 2005 21:56 Mar 08, 2006 Jkt 049200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\S2377.IS S2377

sroberts on PROD1PC70 with BILLS
190 

•S 2377 IS

1 suring alien appearance at court and compliance with re2 moval orders. 

3 SEC. 528. AUTHORIZATION OF APPROPRIATIONS. 

4 In addition to amounts otherwise authorized to be ap5 propriated, there are authorized to be appropriated such 

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

7 through 2011 to carry out this title. 

Æ 


sroberts on PROD1PC70 with BILLS