II 

109TH CONGRESS 

2D SESSION S. 2391 

To improve the security of the United States borders and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2006 

Mr. NELSON of Florida introduced the following bill; which was read twice and 

referred to the Committee on the Judiciary 

A BILL 

To improve the security of the United States borders 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 Operations Reform and Development of Elec6 tronic Remote Surveillance Act of 2006’’ or as the ‘‘BOR7 DERS Act of 2006’’. 

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

9 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

Sec. 4. Surveillance technologies programs. 


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Sec. 5. Secure communication. 

Sec. 6. Expansion of detention capacity. 

Sec. 7. Detention standards. 

Sec. 8. Personnel of the Department of Homeland Security. 

Sec. 9. Personnel of the Department of Justice and other attorneys. 

Sec. 10. State Criminal Alien Assistance Program authorization of appropriations. 

Sec. 11. Reimbursement of States for indirect costs relating to the incarceration of illegal aliens. 

Sec. 12. Reimbursement of States for preconviction costs relating to the incarceration of illegal aliens. 

Sec. 13. Criminal gang activity. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The Government of the United States has 

4 the duty to protect its citizens and to provide for 

5 homeland security by securing its international bor6 ders. 

7 (2) The Government of the United States has 

8 failed to adequately secure its international borders, 

9 which has facilitated the illegal entry of millions of 

10 undocumented aliens into the United States. 

11 (3) Illegal immigration poses national security 

12 concerns, burdens all levels of Government with 

13 extra costs, including imposing hundreds of millions 

14 of dollars on States and localities in uncompensated 

15 expenses for law enforcement, health care, and other 

16 essential services, allows some aliens to gain access 

17 to the United States before other aliens who have 

18 lawfully waited in line, creates an underclass of 

19 workers, and facilitates human trafficking, smug20 gling, and document fraud. 


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1 (4) One critical aspect of comprehensive immi2 gration reform is to find aggressive, practical, and 

3 cost-effective methods to quickly secure the inter4 national borders of the United States. As the bipar5 tisan National Commission on Terrorist Attacks 

6 Upon the United States concluded, ‘‘the United 

7 States must be able to monitor and respond to en8 trances between our borders’’. 

9 (5) The Government of the United States 

10 should make full use of integrated and automated 

11 surveillance technology, including the use of un12 manned aerial vehicles, to create a ‘‘virtual fence’’ 

13 around the Nation, which could be constructed much 

14 more quickly than a physical fence. The Inspector 

15 General of the Department recently suggested nu16 merous ways to use integrated surveillance tech17 nologies to achieve this critical security goal. 

18 (6) The Government of the United States 

19 should also increase detention facilities to detain 

20 aliens who are apprehended sneaking into the 

21 United States, as opposed to catching and releasing 

22 such aliens and trusting that they will report for im23 migration proceedings. 

24 (7) In order to reduce costs of detention and to 

25 facilitate the process of removing aliens from the 


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1 United States fairly, the Secretary should establish 

2 uniform detention standards and rules. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) DEPARTMENT.—Except as otherwise pro6 vided, the term ‘‘Department’’ means the Depart7 ment of Homeland Security. 

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

9 the term ‘‘Secretary’’ means the Secretary of Home10 land Security. 

11 (3) STATE.—Except as otherwise provided, the 

12 term ‘‘State’’ has the meaning given that term in 

13 section 101(a)(36) of the Immigration and Nation14 ality Act (8 U.S.C. 1101 (a)(36)). 

15 SEC. 4. SURVEILLANCE TECHNOLOGIES PROGRAMS. 

16 (a) AERIAL SURVEILLANCE PROGRAM.— 

17 (1) IN GENERAL.—In conjunction with the bor18 der surveillance plan developed under section 5201 

19 of the Intelligence Reform and Terrorism Prevention 

20 Act of 2004 (Public Law 108–458; 8 U.S.C. 1701 

21 note), the Secretary, not later than 90 days after the 

22 date of enactment of this Act, shall develop and im23 plement a program to fully integrate and utilize aer24 ial surveillance technologies, including unmanned 

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1 national border between the United States and Can2 ada and the international border between the United 

3 States and Mexico. The goal of the program shall be 

4 to ensure continuous monitoring of each mile of each 

5 such border. 

6 (2) ASSESSMENT AND CONSULTATION REQUIRE7 MENTS.—In developing the program under this sub8 section, the Secretary shall— 

9 (A) consider current and proposed aerial 

10 surveillance technologies; 

11 (B) assess the feasibility and advisability 

12 of utilizing such technologies to address border 

13 threats, including an assessment of the tech14 nologies considered best suited to address re15 spective threats; 

16 (C) consult with the Secretary of Defense 

17 regarding any technologies or equipment, which 

18 the Secretary may deploy along an international 

19 border of the United States; and 

20 (D) consult with the Administrator of the 

21 Federal Aviation Administration regarding safe22 ty, airspace coordination and regulation, and 

23 any other issues necessary for implementation 

24 of the program. 

25 (3) ADDITIONAL REQUIREMENTS.— 


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1 (A) IN GENERAL.—The program developed 

2 under this subsection shall include the use of a 

3 variety of aerial surveillance technologies in a 

4 variety of topographies and areas, including 

5 populated and unpopulated areas located on or 

6 near an international border of the United 

7 States, in order to evaluate, for a range of cir8 cumstances— 

9 (i) the significance of previous experi10 ences with such technologies in border se11 curity or critical infrastructure protection; 

12 (ii) the cost and effectiveness of var13 ious technologies for border security, in14 cluding varying levels of technical com15 plexity; and 

16 (iii) liability, safety, and privacy con17 cerns relating to the utilization of such 

18 technologies for border security. 

19 (4) CONTINUED USE OF AERIAL SURVEILLANCE

20 TECHNOLOGIES.—The Secretary may continue the 

21 operation of aerial surveillance technologies while as22 sessing the effectiveness of the utilization of such 

23 technologies. 

24 (5) REPORT TO CONGRESS.—Not later than 1 

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1 section, the Secretary shall submit a report to Con2 gress regarding the program developed under this 

3 subsection. The Secretary shall include in the report 

4 a description of the program together with such rec5 ommendations as the Secretary finds appropriate for 

6 enhancing the program. 

7 (6) AUTHORIZATION OF APPROPRIATIONS.— 

8 There are authorized to be appropriated such sums 

9 as may be necessary to carry out this subsection. 

10 (b) INTEGRATED AND AUTOMATED SURVEILLANCE

11 PROGRAM.— 

12 (1) REQUIREMENT FOR PROGRAM.—Subject to 

13 the availability of appropriations, the Secretary shall 

14 establish a program to procure additional unmanned 

15 aerial vehicles, cameras, poles, sensors, satellites, 

16 radar coverage, and other technologies necessary to 

17 achieve operational control of the international bor18 ders of the United States and to establish a security 

19 perimeter known as a ‘‘virtual fence’’ along such 

20 international borders to provide a barrier to illegal 

21 immigration. Such program shall be known as the 

22 Integrated and Automated Surveillance Program. 

23 (2) PROGRAM COMPONENTS.—The Secretary 

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1 tegrated and Automated Surveillance Program is 

2 carried out in a manner that— 

3 (A) the technologies utilized in the Pro4 gram are integrated and function cohesively in 

5 an automated fashion, including the integration 

6 of motion sensor alerts and cameras, whereby a 

7 sensor alert automatically activates a cor8 responding camera to pan and tilt in the direc9 tion of the triggered sensor; 

10 (B) cameras utilized in the Program do 

11 not have to be manually operated; 

12 (C) such camera views and positions are 

13 not fixed; 

14 (D) surveillance video taken by such cam15 eras can be viewed at multiple designated com16 munications centers; 

17 (E) a standard process is used to collect, 

18 catalog, and report intrusion and response data 

19 collected under the Program; 

20 (F) future remote surveillance technology 

21 investments and upgrades for the Program can 

22 be integrated with existing systems; 

23 (G) performance measures are developed 

24 and applied that can evaluate whether the Pro25 gram is providing desired results and increasing 


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1 response effectiveness in monitoring and detect2 ing illegal intrusions along the international 

3 borders of the United States; 

4 (H) plans are developed under the Pro5 gram to streamline site selection, site valida6 tion, and environmental assessment processes to 

7 minimize delays of installing surveillance tech8 nology infrastructure; 

9 (I) standards are developed under the Pro10 gram to expand the shared use of existing pri11 vate and governmental structures to install re12 mote surveillance technology infrastructure 

13 where possible; and 

14 (J) standards are developed under the Pro15 gram to identify and deploy the use of non16 permanent or mobile surveillance platforms that 

17 will increase the Secretary’s mobility and ability 

18 to identify illegal border intrusions. 

19 (3) REPORT TO CONGRESS.—Not later than 1 

20 year after the initial implementation of the Inte21 grated and Automated Surveillance Program, the 

22 Secretary shall submit to Congress a report regard23 ing the Program. The Secretary shall include in the 

24 report a description of the Program together with 


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1 any recommendation that the Secretary finds appro2 priate for enhancing the program. 

3 (4) EVALUATION OF CONTRACTORS.— 

4 (A) REQUIREMENT FOR STANDARDS.—The 

5 Secretary shall set develop appropriate stand6 ards to evaluate the performance of any con7 tractor providing goods or services to carry out 

8 the Integrated and Automated Surveillance 

9 Program. 

10 (B) REVIEW BY THE INSPECTOR GEN11 ERAL.—The Inspector General of the Depart12 ment shall timely review each new contract re13 lated to the Program that has a value of more 

14 than $5,000,000, to determine whether such 

15 contract fully complies with applicable cost re16 quirements, performance objectives, program 

17 milestones, and schedules. The Inspector Gen18 eral shall report the findings of such review to 

19 the Secretary in a timely manner. Not later 

20 than 30 days after the date the Secretary re21 ceives a report of findings from the Inspector 

22 General, the Secretary shall submit to the Com23 mittee on Homeland Security and Govern24 mental Affairs of the Senate and the Committee 

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1 resentatives a report of such findings and a de2 scription of any the steps that the Secretary 

3 has taken or plans to take in response to such 

4 findings. 

5 (5) AUTHORIZATION OF APPROPRIATIONS.— 

6 There are authorized to be appropriated such sums 

7 as may be necessary to carry out this subsection. 

8 SEC. 5. SECURE COMMUNICATION. 

9 The Secretary shall, as expeditiously as practicable, 

10 develop and implement a plan to ensure clear and secure 

11 2-way communication capabilities, including the specific 

12 use of satellite communications— 

13 (1) among all Border Patrol agents conducting 

14 operations between ports of entry; 

15 (2) between Border Patrol agents and their re16 spective Border Patrol stations; and 

17 (3) between all appropriate border security 

18 agencies of the Department and State, local, and 

19 tribal law enforcement agencies. 

20 SEC. 6. EXPANSION OF DETENTION CAPACITY. 

21 (a) INCREASING DETENTION BED SPACE.—Section 

22 5204(a) of the Intelligence Reform and Terrorism Protec23 tion Act of 2004 (Public Law 108–458; 118 Stat. 3734) 

24 is amended by striking ‘‘8,000’’ and inserting ‘‘20,000’’. 


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1 (b) CONSTRUCTION OF OR ACQUISITION OF DETEN2 TION FACILITIES.— 

3 (1) REQUIREMENT TO CONSTRUCT OR AC4 QUIRE.—The Secretary shall construct or acquire 

5 additional detention facilities in the United States to 

6 accommodate the detention beds required by section 

7 5204(c) of the Intelligence Reform and Terrorism 

8 Protection Act of 2004, as amended by subsection 

9 (a). 

10 (2) USE OF ALTERNATE DETENTION FACILI11 TIES.—Subject to the availability of appropriations, 

12 the Secretary shall fully utilize all possible options to 

13 cost effectively increase available detention capac14 ities, and shall utilize detention facilities that are 

15 owned and operated by the Federal Government if 

16 the use of such facilities is cost effective. 

17 (c) SECURE ALTERNATIVES TO DETENTION TO EN18 SURE COMPLIANCE WITH THE LAW.—The Secretary shall 

19 implement demonstration programs in each State located 

20 along the international border between the United States 

21 and Canada or along the international border between the 

22 United States and Mexico, and at select sites in the inte23 rior with significant numbers of alien detainees, to study 

24 the effectiveness of alternatives to the detention of aliens, 

25 including electronic monitoring devices, to ensure that 


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1 such aliens appear in immigration court proceedings and 

2 comply with immigration appointments and removal or3 ders. 

4 (d) LEGAL REPRESENTATION.—No alien shall be de5 tained by the Secretary in a location that limits the alien’s 

6 reasonable access to visits and telephone calls by local 

7 legal counsel and necessary legal materials. Upon active 

8 or constructive notice that a detained alien is represented 

9 by an attorney, the Secretary shall ensure that the alien 

10 is not moved from the alien’s detention facility without 

11 providing that alien and the alien’s attorney reasonable 

12 notice in advance of such move. 

13 (e) ANNUAL REPORT TO CONGRESS.—Not later than 

14 1 year after the date of the enactment of this Act, and 

15 annually thereafter, in consultation with the heads of 

16 other appropriate Federal agencies, the Secretary shall 

17 submit to Congress an assessment of the additional deten18 tion facilities and bed space needed to detain unlawful 

19 aliens apprehended at the United States ports of entry or 

20 along the international land borders of the United States. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as may be 

23 necessary to carry out this section. 


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1 SEC. 7. DETENTION STANDARDS. 

2 (a) CODIFICATION OF DETENTION OPERATIONS.—In 

3 order to ensure uniformity in the safety and security of 

4 all facilities used or contracted by the Secretary to hold 

5 alien detainees and to ensure the fair treatment and access 

6 to counsel of all alien detainees, not later than 180 days 

7 after the date of the enactment of this Act, the Secretary 

8 shall issue the provisions of the Detention Operations 

9 Manual of the Department, including all amendments 

10 made to such Manual since it was issued in 2000, as regu11 lations for the Department. Such regulations shall be sub12 ject to the notice and comment requirements of subchapter 

13 II of chapter 5 of title 5, United States Code (commonly 

14 referred to as the Administrative Procedure Act) and shall 

15 apply to all facilities used by the Secretary to hold detain16 ees for more than 72 hours. 

17 (b) DETENTION STANDARDS FOR NUCLEAR FAMILY

18 UNITS AND CERTAIN NON-CRIMINAL ALIENS.—For all 

19 facilities used or contracted by the Secretary to hold 

20 aliens, the regulations described in subsection (a) shall— 

21 (1) provide for sight and sound separation of 

22 alien detainees without any criminal convictions 

23 from criminal inmates and pretrial detainees facing 

24 criminal prosecution; and 

25 (2) establish specific standards for detaining 

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1 criminal applicants for asylum, withholding of re2 moval, or protection under the Convention Against 

3 Torture and Other Cruel, Inhuman or Degrading 

4 Treatment or Punishment, done at New York De5 cember 10, 1984, in civilian facilities cognizant of 

6 their special needs. 

7 (c) LEGAL ORIENTATION TO ENSURE EFFECTIVE

8 REMOVAL PROCESS.—All alien detainees shall receive 

9 legal orientation presentations from an independent non10 profit agency as implemented by the Executive Office for 

11 Immigration Review of the Department of Justice in order 

12 to both maximize the efficiency and effectiveness of re13 moval proceedings and to reduce detention costs. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section. 

17 SEC. 8. PERSONNEL OF THE DEPARTMENT OF HOMELAND 

18 SECURITY. 

19 (a) CUSTOMS AND BORDER PROTECTION OFFI20 CERS.—During each of the fiscal years 2007 through 

21 2011, the Secretary shall, subject to the availability of ap22 propriations for such purpose, increase by not less than 

23 1,500 the number of positions for full-time active duty of24 ficers of the Bureau of Customs and Border Protection 

25 of the Department for such fiscal year. 


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1 (b) BORDER PATROL AGENTS.—During each of the 

2 fiscal years 2007 through 2011, the Secretary shall, sub3 ject to the availability of appropriations for such purpose, 

4 increase by not less than 4,000 the number of border pa5 trol agents for such fiscal year. 

6 (c) IMMIGRATION AND CUSTOMS ENFORCEMENT IN7 VESTIGATORS.—Section 5203 of the Intelligence Reform 

8 and Terrorism Prevention Act of 2004 (Public Law 108– 

9 458; 118 Stat. 3734) is amended by striking ‘‘800’’ and 

10 inserting ‘‘1600’’. 

11 (d) DETENTION AND REMOVAL OFFICERS.—During 

12 each of the fiscal years 2007 through 2011, the Secretary 

13 shall, subject to the availability of appropriations for such 

14 purposes, designate a Detention and Removal officer to 

15 be placed in each Department field office whose sole re16 sponsibility will be to ensure safety and security at a de17 tention facility and that each detention facility compliance 

18 with the standards and regulations set forth in section 7. 

19 (e) INVESTIGATIVE PERSONNEL.—In addition to the 

20 positions authorized under section 5203 of the Intelligence 

21 Reform and Terrorism Prevention Act of 2004, as amend22 ed by subsection (c), during each of the fiscal years 2007 

23 through 2011, the Secretary shall, subject to the avail24 ability of appropriations for such purpose, increase by not 

25 less than 200 the number of positions for investigative 


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1 personnel within the Department to investigate alien 

2 smuggling and immigration status violations for such fis3 cal year. 

4 (f) LEGAL PERSONNEL.—During each of the fiscal 

5 years 2007 through 2011, the Secretary shall, subject to 

6 the availability of appropriations for such purpose, in7 crease by not less than 200 the number of positions for 

8 attorneys in the Office of General Counsel of the Depart9 ment who represent the Department in immigration mat10 ters for such fiscal year. 

11 (g) DIRECTORATE OF POLICY.—The Secretary shall 

12 in consultation, with the Director of Policy of the Direc13 torate of Policy, add at least 3 additional positions at the 

14 Directorate of Policy that— 

15 (1) shall be a position at GS-15 of the General 

16 Schedule; 

17 (2) are solely responsible for formulating and 

18 executing the policy and regulations pertaining to 

19 vulnerable detained populations including unaccom20 panied alien children, victims of torture, trafficking 

21 or other serious harms, the elderly, the mentally dis22 abled, and the infirm; and 

23 (3) require background and expertise working 

24 directly with such vulnerable populations. 


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1 (h) TRAINING.—The Secretary shall provide appro2 priate training for the agents, officers, inspectors, and as3 sociated support staff of the Department on an ongoing 

4 basis to utilize new technologies and techniques, to iden5 tify and detect fraudulent travel documents, and to ensure 

6 that the proficiency levels of such personnel are acceptable 

7 to protect the international borders of the United States. 

8 Training to detect fraudulent travel documents shall be 

9 developed in consultation with the Forensic Document 

10 Laboratory of Immigration and Customs Enforcement. 

11 (i) ENHANCED PROTECTIONS FOR VULNERABLE UN12 ACCOMPANIED ALIEN CHILDREN.— 

13 (1) MANDATORY TRAINING.—The Secretary 

14 shall mandate the training of all personnel who come 

15 into contact with unaccompanied alien children in all 

16 relevant legal authorities, policies, and procedures 

17 pertaining to this vulnerable population in consulta18 tion with the head of the Office of Refugee Resettle19 ment of the Department of Health and Human 

20 Services and independent child welfare experts. 

21 (2) DELEGATION TO THE OFFICE OF REFUGEE

22 RESETTLEMENT.—Notwithstanding any other provi23 sion of law, the Secretary shall delegate the author24 ity and responsibility granted to the Secretary by the 

25 Homeland Security Act of 2002 (Public Law 107– 


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1 296; 116 Stat. 2135) for transporting unaccom2 panied alien children who will undergo removal pro3 ceedings from Department custody to the custody 

4 and care of the Office of Refugee Resettlement and 

5 provide sufficient reimbursement to the head of such 

6 Office to undertake this critical function. The Sec7 retary shall immediately notify such Office of an un8 accompanied alien child in the custody of the De9 partment and ensure that the child is transferred to 

10 the custody of such Office as soon as practicable, 

11 but not later than 72 hours after the child is taken 

12 into the custody of the Department. 

13 (3) OTHER POLICIES AND PROCEDURES.—The 

14 Secretary shall further adopt important policies and 

15 procedures— 

16 (A) for reliable age-determinations of chil17 dren which exclude the use of fallible forensic 

18 testing of children’s bones and teeth in con19 sultation with medical and child welfare ex20 perts; 

21 (B) to ensure the privacy and confiden22 tiality of unaccompanied alien children’s 

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1 versely against the child in removal proceedings 

2 or for any other immigration action; and 

3 (C) in close consultation with the Secretary 

4 of State and the head of the Office of Refugee 

5 Resettlement, to ensure the safe and secure re6 patriation of unaccompanied alien children to 

7 their home countries including through arrang8 ing placements of children with their families or 

9 other sponsoring agencies and to utilize all legal 

10 authorities to defer the child’s removal if the 

11 child faces a clear risk of life-threatening harm 

12 upon return. 

13 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary for 

15 each of fiscal years 2007 through 2011, such sums as may 

16 be necessary to carry out this section, including the hiring 

17 of necessary support staff. 

18 SEC. 9. PERSONNEL OF THE DEPARTMENT OF JUSTICE 

19 AND OTHER ATTORNEYS. 

20 (a) LITIGATION ATTORNEYS.—During each of the 

21 fiscal years 2007 through 2011, the Attorney General 

22 shall, subject to the availability of appropriations for such 

23 purpose, increase by not less than 50 the number of posi24 tions for attorneys in the Office of Immigration Litigation 

25 of the Department of Justice for such fiscal year. 


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1 (b) UNITED STATES ATTORNEYS.—During each of 

2 the fiscal years 2007 through 2011, the Attorney General 

3 shall, subject to the availability of appropriations for such 

4 purpose, increase by not less than 50 the number of 

5 United States Attorneys to litigate immigration cases in 

6 the Federal courts for such fiscal year. 

7 (c) UNITED STATES MARSHALS.—During each of the 

8 fiscal years 2007 through 2011, the Attorney General 

9 shall, subject to the availability of appropriations for such 

10 purpose, increase by not less than 200 the number of Dep11 uty United States Marshals to investigate criminal immi12 gration matters. 

13 (d) IMMIGRATION JUDGES.—During each of fiscal 

14 years 2007 through 2011, the Attorney General shall, sub15 ject to the availability of appropriations for such purpose, 

16 increase by not less than 50 the number of immigration 

17 judges for such fiscal year. 

18 (e) DEFENSE ATTORNEYS.—During each of the fiscal 

19 years 2007 through 2011, the Director of the Administra20 tive Office of the United States Courts shall, subject to 

21 the availability of appropriations for such purpose, in22 crease by not less than 200 the number of attorneys in 

23 the Federal Defenders Program for such fiscal year. The 

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1 able steps to ensure that alien detainees receive appro2 priate pro bono representation in immigration matters. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Attorney General 

5 for each of fiscal years 2007 through 2011 such sums as 

6 may be necessary to carry out this section, including the 

7 hiring of necessary support staff. 

8 SEC. 10. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

9 AUTHORIZATION OF APPROPRIATIONS. 

10 Section 241(i) of the Immigration and Nationality 

11 Act (8 U.S.C. 1231(i)) is amended by striking paragraphs 

12 (5) and (6) and inserting the following: 

13 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

14 ‘‘(A) IN GENERAL.—There are authorized 

15 to be appropriated to carry out this subsection 

16 $950,000,000 for each of the fiscal years 2007 

17 through 2011. 

18 ‘‘(B) LIMITATION ON USE OF FUNDS.— 

19 Amounts appropriated pursuant to subpara20 graph (A) that are distributed to a State or po21 litical subdivision of a State, including a mu22 nicipality, may be used only for correctional 

23 purposes.’’. 


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1 SEC. 11. REIMBURSEMENT OF STATES FOR INDIRECT 

2 COSTS RELATING TO THE INCARCERATION 

3 OF ILLEGAL ALIENS. 

4 Section 501 of the Immigration Reform and Control 

5 Act of 1986 (8 U.S.C. 1365) is amended— 

6 (1) in subsection (a)— 

7 (A) by striking ‘‘for the costs’’ and insert8 ing the following: ‘‘for— 

9 ‘‘(1) the costs’’; and 

10 (B) by striking ‘‘such State.’’ and inserting 

11 the following: ‘‘such State; and 

12 ‘‘(2) the indirect costs related to the imprison13 ment described in paragraph (1).’’; and 

14 (2) by striking subsections (d) through (e) and 

15 inserting the following: 

16 ‘‘(d) MANNER OF ALLOTMENT OF REIMBURSE17 MENTS.—Reimbursements under this section shall be al18 lotted in a manner that gives special consideration for any 

19 State that— 

20 ‘‘(1) shares a border with Mexico or Canada; or 

21 ‘‘(2) includes within the State an area in which 

22 a large number of undocumented aliens reside rel23 ative to the general population of that area. 

24 ‘‘(e) DEFINITIONS.—As used in this section: 

25 ‘‘(1) INDIRECT COSTS.—The term ‘indirect 

26 costs’ includes— 


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1 ‘‘(A) court costs, county attorney costs, de2 tention costs, and criminal proceedings expendi3 tures that do not involve going to trial; 

4 ‘‘(B) indigent defense costs; and 

5 ‘‘(C) unsupervised probation costs. 

6 ‘‘(2) STATE.—The term ‘State’ has the mean7 ing given such term in section 101(a)(36) of the Im8 migration and Nationality Act. 

9 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated $200,000,000 for each 

11 of the fiscal years 2007 through 2011 to carry out this 

12 section.’’. 

13 SEC. 12. REIMBURSEMENT OF STATES FOR 

14 PRECONVICTION COSTS RELATING TO THE 

15 INCARCERATION OF ILLEGAL ALIENS. 

16 Section 241(i)(3)(A) of the Immigration and Nation17 ality Act (8 U.S.C. 1231(i)(3)(a)) is amended by inserting 

18 ‘‘charged with or’’ before ‘‘convicted.’’ 

19 SEC. 13. CRIMINAL GANG ACTIVITY. 

20 Section 212(a)(2) of the Immigration and Nationality 

21 Act (8 U.S.C. 1182(a)(2)) is amended by adding at the 

22 end the following: 

23 ‘‘(J) CRIMINAL GANG ACTIVITY.— 

24 ‘‘(i) IN GENERAL.—Any alien who a 

25 consular officer or the Attorney General 


ccoleman on PROD1PC71 with BILLS
25 

•S 2391 IS

1 knows, or has reasonable grounds to be2 lieve, seeks to enter the United States to 

3 engage, solely, principally, or incidentally 

4 in a criminal street gang located in the 

5 United States is inadmissible. 

6 ‘‘(ii) DEFINITION.—In this subpara7 graph, the term ‘criminal street gang’ 

8 means an ongoing group, club, organiza9 tion, or association of 5 or more individ10 uals that commits a violation of Federal or 

11 State law that is punishable by imprison12 ment of 1 year or more.’’. 

Æ 


ccoleman on PROD1PC71 with BILLS