II 

109TH CONGRESS 

2D SESSION S. 2394 

To improve border security, to increase criminal penalties for certain crimes 

related to illegal aliens, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 9, 2006 

Mr. ISAKSON introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To improve border security, to increase criminal penalties 

for certain crimes related to illegal aliens, 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 Act of 2006’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—BORDER SECURITY 

Sec. 101. Personnel. 


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Sec. 102. Federal Law Enforcement Training Center. 

Sec. 103. Interagency asset sharing. 

Sec. 104. Technology and Infrastructure. 

Sec. 105. State and local grants. 

TITLE II—AGRICULTURAL WORKERS 

Sec. 201. Limitation on H–2A nonimmigrant wage requirement. 

Sec. 202. Extension of preemption to required construction of day laborer shelters. 

TITLE III—PENALTIES 

Sec. 301. Increased criminal penalties for alien smuggling. 

Sec. 302. Increased criminal penalties for document fraud. 

Sec. 303. Increased criminal penalties for certain crimes. 

Sec. 304. Increased criminal penalties for criminal street gangs. 

Sec. 305. Additional penalties. 

TITLE IV—REMOVAL AND VIOLATION TRACKING 

Sec. 401. Institutional removal program. 

Sec. 402. Authorization for detention after completion of state or local prison 

sentence. 

Sec. 403. Use of the National Crime Information Center Database to track violations of immigration law. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Homeland Secu6 rity and Governmental Affairs of the Senate and the 

7 Committee on Homeland Security of the House of 

8 Representatives. 

9 (2) BORDER.—The term ‘‘border’’ means the 

10 international border between the United States and 

11 Canada and between the United States and Mexico. 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Homeland Security. 


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1 TITLE I—BORDER SECURITY 

2 SEC. 101. PERSONNEL. 

3 (a) CBP AGENTS.—In addition to the positions au4 thorized under section 5202 of the Intelligence Reform 

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

6 458), in each of fiscal years 2007 through 2011, the Sec7 retary shall increase by not less than 1,500 the number 

8 of positions for full-time, active-duty agents within the Bu9 reau of Customs and Border Protection. 

10 (b) ICE AGENTS.—In addition to the positions au11 thorized under section 5203 of the Intelligence Reform 

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

13 458), in each of fiscal years 2007 through 2011, the Sec14 retary shall increase by not less than 1,500 the number 

15 of positions for full-time, active-duty agents within the Bu16 reau of Immigration and Customs Enforcement. 

17 (c) EMPLOYMENT OF RETIRED LAW ENFORCEMENT

18 OFFICERS.— 

19 (1) STUDY.—The Secretary shall conduct a 

20 study of the feasibility of hiring, on a part-time 

21 basis, retired Federal law enforcement officers to 

22 supplement the capabilities of the Bureau of Cus23 toms and Border Protection and the Bureau of Im24 migration and Customs Enforcement. 


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1 (2) REPORT.—Not later than 180 days after 

2 the date of enactment of this Act, the Secretary 

3 shall submit a report, in classified form, if nec4 essary, to the appropriate congressional committees. 

5 The report shall include— 

6 (A) the results of the study conducted 

7 under paragraph (1); and 

8 (B) a plan to implement a program that 

9 employs retired Federal law enforcement offi10 cers for border security, if the Secretary deter11 mines that such plan is feasible. 

12 (3) IMPLEMENTATION.—If the Secretary deter13 mines that the plan described in paragraph (2)(B) 

14 is feasible, the Secretary shall implement the plan 

15 not later than 90 days after the submission of the 

16 report to Congress under paragraph (2). 

17 (d) RECRUITMENT AND RETENTION PROGRAM.— 

18 (1) IMPLEMENTATION.—The Secretary shall 

19 conduct a 5-year program to facilitate the recruit20 ment and retention of agents within the Bureau of 

21 Customs and Border Protection and the Bureau of 

22 Immigration and Customs Enforcement. 

23 (2) REPORT.—Not less frequently than once 

24 every 90 days during the 5-year period of the pro25 gram authorized under paragraph (1), the Secretary 


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1 shall submit a report on the results and progress of 

2 the program, in classified form, if necessary, to the 

3 appropriate congressional committees. 

4 (e) OTHER PERSONNEL.—In each of fiscal years 

5 2007 through 2011, the Secretary and the Attorney Gen6 eral shall increase, to the extent determined necessary by 

7 the Secretary and the Attorney General, the number of— 

8 (1) Department of Homeland Security per9 sonnel, including attorneys, who have responsibilities 

10 involving illegal aliens or immigration issues; 

11 (2) attorneys participating in the Federal De12 fenders Program; 

13 (3) attorneys in United States Attorneys’ Of14 fices; 

15 (4) attorneys in the Office of Immigration Liti16 gation; 

17 (5) deputy marshals in the United States Mar18 shals Service; and 

19 (6) immigration judges. 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated for each of fiscal years 

22 2007 through 2011 such sums as may be necessary to 

23 carry out this section. 


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1 SEC. 102. FEDERAL LAW ENFORCEMENT TRAINING CEN2 TER. 

3 (a) INFRASTRUCTURE IMPROVEMENTS.—The Sec4 retary shall make necessary improvements to the following 

5 law enforcement training facilities: 

6 (1) The Federal Law Enforcement Training 

7 Center in Glynco, Georgia. 

8 (2) The residential training sites located in 

9 Artesia, New Mexico and Charleston, South Caro10 lina. 

11 (3) The inservice requalification training facility 

12 located in Cheltenham, Maryland. 

13 (b) TRAINING ENHANCEMENTS.—The Secretary 

14 shall improve the training of agents within the Bureau of 

15 Customs and Border Protection and the Bureau of Immi16 gration and Customs Enforcement and other personnel in 

17 the Department of Homeland Security with similar re18 sponsibilities. Such improvements shall include— 

19 (1) the acquisition of appropriate training aids; 

20 (2) hiring qualified instructors; and 

21 (3) instruction on fraudulent document detec22 tion. 

23 SEC. 103. INTERAGENCY ASSET SHARING. 

24 (a) STUDY.—The Secretary, in consultation with the 

25 Secretary of Defense, shall conduct a study of the feasi26 bility of using National Guard personnel and assets of the 


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1 Department of Defense, including all terrain vehicles and 

2 unmanned aerial vehicles, to assist the Bureau of Customs 

3 and Border Protection. 

4 (b) REPORT.— 

5 (1) IN GENERAL.—Not later than 90 days after 

6 the date of the enactment of this Act, the Secretary 

7 shall submit a report, in classified form, if nec8 essary, to the appropriate congressional committees. 

9 (2) CONTENTS.—The report submitted under 

10 paragraph (1) shall include— 

11 (A) the results of the study conducted 

12 under subsection (a); and 

13 (B) a plan to implement a program that 

14 employs retired Federal law enforcement offi15 cers for border security, if the Secretary deter16 mines that such plan is feasible. 

17 (c) IMPLEMENTATION.—If the Secretary determines 

18 that the plan described in subsection (b)(2)(B) is feasible, 

19 the Secretary shall implement the plan not later than 90 

20 days after the submission of the report to Congress under 

21 subsection (b). 

22 SEC. 104. TECHNOLOGY AND INFRASTRUCTURE. 

23 (a) TECHNOLOGIES.—Not later than 90 days after 

24 the date of enactment of this Act, the Secretary shall sub25 mit a report, in classified form if necessary, to the approVerDate Aug 31 2005 00:32 Mar 10, 2006 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2394.IS S2394

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1 priate congressional committees. The report shall contain 

2 a plan to utilize new and existing technologies to assist 

3 the Bureau of Customs and Border Protection and the 

4 Bureau of Immigration and Customs Enforcement in se5 curing the border. 

6 (b) BORDER WALL.— 

7 (1) IN GENERAL.—Not later than 90 days after 

8 the date of enactment of this Act, the Secretary 

9 shall initiate a process for planning, constructing, 

10 and maintaining a permanent barrier, fence, or wall 

11 in appropriate areas along the border. 

12 (2) REPORT.—Not less frequently than once 

13 every 90 days, the Secretary shall submit a report, 

14 in a classified form if necessary, to the appropriate 

15 congressional committees on the progress made in 

16 carrying out paragraph (1). 

17 (c) DETENTION FACILITIES.— 

18 (1) CONSTRUCTION.—The Attorney General 

19 shall plan, construct, maintain, and acquire addi20 tional detention facilities for the purpose of immi21 gration detention and removal. 

22 (2) USE OF CLOSED OR UNUSED MILITARY IN23 STALLATIONS.—The Secretary, in consultation with 

24 the Secretary of Defense, shall conduct a study of 

25 the feasibility of using military installations desVerDate Aug 31 2005 00:32 Mar 10, 2006 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2394.IS S2394

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1 ignated for closure or realignment as possible immi2 gration detention centers. 

3 (d) PORTS OF ENTRY.— 

4 (1) INFRASTRUCTURE REPORT.—The Adminis5 trator of General Services shall submit an annual re6 port to Congress that— 

7 (A) describes the status of the infrastruc8 ture at ports of entry into the United States; 

9 and 

10 (B) identifies projects to improve security 

11 at such ports of entry. 

12 (2) VULNERABILITY REPORT.—Not less fre13 quently than once every 6 months, the Secretary 

14 shall submit a report, in classified form if necessary, 

15 to the appropriate congressional committees on 

16 vulnerabilities at ports of entry into the United 

17 States. 

18 (3) DEMONSTRATION PROGRAMS.—The Sec19 retary shall establish demonstration programs to 

20 evaluate and assess border security and port of entry 

21 technologies. 

22 (e) ACCESS ROADS.—The Secretary is authorized to 

23 plan, construct, and maintain necessary access roads to 

24 secure the border. 


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1 (f) UNMANNED AERIAL VEHICLES AND ASSOCIATED

2 INFRASTRUCTURE.—The Secretary shall acquire and 

3 maintain unmanned aerial vehicles for use on the border, 

4 including related equipment such as— 

5 (1) additional sensors; 

6 (2) critical spares; 

7 (3) satellite command and control; and 

8 (4) other necessary equipment for operational 

9 support. 

10 (g) ACQUISITION OF ADDITIONAL ASSETS.—The Sec11 retary shall— 

12 (1) plan, construct, and maintain new and ex13 isting permanent and temporary checkpoints on the 

14 border; and 

15 (2) acquire and maintain physical assets nec16 essary to secure the border, including— 

17 (A) all terrain vehicles; 

18 (B) police vehicles; 

19 (C) aircraft, including helicopters; 

20 (D) interoperable communications equip21 ment; 

22 (E) firearms; 

23 (F) sensors; 

24 (G) cameras; 

25 (H) lighting; and 


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1 (I) such other equipment, technologies, and 

2 other assets necessary to secure the border. 

3 (h) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—There are authorized to be 

5 appropriated for each of fiscal years 2007 through 

6 2011— 

7 (A) such sums as may be necessary to 

8 carry out subsection (b); 

9 (B) such sums as may be necessary to 

10 carry out subsection (c); 

11 (C) $150,000,000 to be used by the Sec12 retary to plan, construct, maintain, and imple13 ment improvement projects identified under 

14 subsection (d)(1)(B); 

15 (D) $25,000,000 to carry out subsection 

16 (d)(3); and 

17 (E) $1,000,000,000 to carry out sub18 section (g). 

19 (2) UNMANNED AERIAL VEHICLES.—There are 

20 authorized to be appropriated to the Department of 

21 Homeland Security to carry out subsection (f)— 

22 (A) $178,400,000 for fiscal year 2007; and 

23 (B) $276,000,000 for each of fiscal years 

24 2008 and 2009. 


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1 SEC. 105. STATE AND LOCAL GRANTS. 

2 (a) GRANTS AUTHORIZED.—The Secretary shall 

3 award competitive grants to eligible State, local, and tribal 

4 law enforcement agencies to provide financial assistance 

5 for costs related to border security activities, including ef6 forts to combat criminal activity within the jurisdiction of 

7 such agencies. 

8 (b) USE OF FUNDS.—Grants awarded under this sec9 tion shall be used to provide additional resources for law 

10 enforcement agencies to combat criminal activity occur11 ring near the border, including— 

12 (1) law enforcement technologies; 

13 (2) equipment, such as police-type vehicles, all14 terrain vehicles, firearms, sensors, cameras, and 

15 lighting, and maintenance for such equipment; 

16 (3) computer equipment; and 

17 (4) such other resources that may be available 

18 to assist the law enforcement agency with border se19 curity. 

20 (c) APPLICATION.—A law enforcement agency desir21 ing a grant under this section shall submit an application 

22 to the Secretary at such time, in such manner, and con23 taining such information as the Secretary may require. 

24 (d) SELECTION CRITERIA.—In selecting grant recipi25 ents under this section, the Secretary shall give priority 


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1 to applicants providing law enforcement for jurisdictions 

2 that— 

3 (1) are close to the border; 

4 (2) have small populations; 

5 (3) have more felony criminal cases filed per 

6 United States district court judge; 

7 (4) are located in States with more undocu8 mented aliens, based on the most recent decennial 

9 census; or 

10 (5) are located in States with more undocu11 mented alien apprehensions in the most recent fiscal 

12 year. 

13 TITLE II—AGRICULTURAL 

14 WORKERS 

15 SEC. 201. LIMITATION ON H–2A NONIMMIGRANT WAGE RE16 QUIREMENT. 

17 (a) SHORT TITLE.—This section may be cited as the 

18 ‘‘Wage Equity Act of 2006’’. 

19 (b) CONDITIONS FOR APPROVAL OF H–2A PETI20 TIONS.—Section 218(a) of the Immigration and Nation21 ality Act (8 U.S.C. 1188(a)) is amended— 

22 (1) by redesignating paragraph (2) as para23 graph (3); and 

24 (2) by inserting after paragraph (1) the fol25 lowing: 


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1 ‘‘(2)(A) In making the certification described in para2 graph (1), the Secretary of Labor may not require an em3 ployer to pay workers am amount that is greater than— 

4 ‘‘(i) the prevailing wage for seasonal agricul5 tural workers in the occupation in the area of in6 tended employment, or 

7 ‘‘(ii) the greater of— 

8 ‘‘(I) the hourly wage described in section 

9 6(a)(1) of the Fair Labor Standards Act of 

10 1938 (29 U.S.C. 206(a)(1)); or 

11 ‘‘(II) the applicable State minimum wage. 

12 ‘‘(B) In complying with subparagraph (A)(i), an em13 ployer (or the employer’s agent) may request and obtain 

14 a prevailing wage determination from the State employ15 ment security agency. An employer who obtains such a 

16 determination and pays the wage determined to be pre17 vailing shall be considered to have met the requirement 

18 of subparagraph (A)(i). 

19 ‘‘(C) In lieu of the procedure described in subpara20 graph (B), an employer may rely on other wage informa21 tion, including a survey of the prevailing wages of workers 

22 in the occupation in the area of intended employment that 

23 has been conducted or funded by the employer or a group 

24 of employers, that meets criteria specified by the Secretary 

25 of Labor in regulations. 


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1 ‘‘(D) If the prevailing wage described in subpara2 graph (A)(i) is an hourly wage, the employer may pay 

3 workers in the occupation by an incentive method of pay 

4 such as a piece rate, task rate, group incentive rate, or 

5 other incentive method, if the average hourly earnings of 

6 the employer’s workers paid by such incentive method, 

7 taken as a group, are at least equal to the prevailing hour8 ly wage required by subparagraph (A)(i) for the hours 

9 worked at the incentive payment method, after making 

10 any additions to any worker’s pay required to comply sub11 paragraph (A)(ii).’’. 

12 (c) DEFINITION.—Section 218(i) of the Immigration 

13 and Nationality Act (8 U.S.C. 1188(i)) is amended by 

14 adding at the end the following: 

15 ‘‘(3) The term ‘prevailing wage’ means, with re16 spect to an agricultural occupation in an area of in17 tended employment, the rate of wages that includes 

18 the 51st percentile of employees with similar experi19 ence and qualifications in the agricultural occupation 

20 in the area of intended employment, expressed in 

21 terms of the prevailing method of pay for the occu22 pation in the area of intended employment.’’. 


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1 SEC. 202. EXTENSION OF PREEMPTION TO REQUIRED CON2 STRUCTION OF DAY LABORER SHELTERS. 

3 Section 274A(h)(2) of the Immigration and Nation4 ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as 

5 follows: 

6 ‘‘(2) PREEMPTION.—This section preempts any 

7 State or local law that— 

8 ‘‘(A) imposes civil or criminal sanctions 

9 (other than through licensing and similar laws) 

10 upon those who employ, or recruit or refer for 

11 employment (for a fee), unauthorized aliens; or 

12 ‘‘(B) requires, as a condition of con13 ducting, continuing, or expanding a business, 

14 that a business entity— 

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

16 a shelter, structure, or designated area for 

17 use by day laborers at or near its place of 

18 business; or 

19 ‘‘(ii) take other steps to facilitate the 

20 employment of day laborers by others.’’. 

21 TITLE III—PENALTIES 

22 SEC. 301. INCREASED CRIMINAL PENALTIES FOR ALIEN 

23 SMUGGLING. 

24 Section 274(a) of the Immigration and Nationality 

25 Act (8 U.S.C. 1324(a)) is amended— 

26 (1) in paragraph (1)(B)— 


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1 (A) in clause (i), by striking ‘‘10 years’’ 

2 and inserting ‘‘15 years’’; 

3 (B) in clause (ii), by striking ‘‘5 years’’ 

4 and inserting ‘‘10 years’’; and 

5 (C) in clause (iii), by striking ‘‘20 years’’ 

6 and inserting ‘‘40 years’’; 

7 (2) in paragraph (2)— 

8 (A) in subparagraph (A), by striking ‘‘one 

9 year, or both; or’’ and inserting ‘‘3 years, or 

10 both’’; 

11 (B) in subparagraph (B)— 

12 (i) in clause (i), by adding at the end 

13 the following: ‘‘be fined under title 18, 

14 United States Code, and imprisoned not 

15 less than 5 years or more than 25 years;’’; 

16 (ii) in clause (ii), by striking ‘‘or’’ at 

17 the end and inserting the following: ‘‘be 

18 fined under title 18, United States Code, 

19 and imprisoned not less than 3 years or 

20 more than 20 years; or’’; and 

21 (iii) in clause (iii), by adding at the 

22 end the following: ‘‘be fined under title 18, 

23 United States Code, and imprisoned not 

24 more than 15 years; or’’; and 


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1 (C) by striking the matter following clause 

2 (iii) and inserting the following: 

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

4 offense described in subparagraph (B) and for 

5 any other violation, shall be fined under title 

6 18, United States Code, and imprisoned not 

7 less than 5 years nor more than 15 years.’’; 

8 (3) in paragraph (3)(A), by striking ‘‘5 years’’ 

9 and inserting ‘‘10 years’’; and 

10 (4) in paragraph (4), by striking ‘‘10 years’’ 

11 and inserting ‘‘20 years’’. 

12 SEC. 302. INCREASED CRIMINAL PENALTIES FOR DOCU13 MENT FRAUD. 

14 Section 1546 of title 18, United States Code, is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) by striking ‘‘not more than 25 years’’ 

18 and inserting ‘‘not less than 25 years’’; 

19 (B) by inserting ‘‘and if the terrorism of20 fense resulted in the death of any person, shall 

21 be punished by death or imprisoned for life,’’ 

22 after ‘‘section 2331 of this title)),’’; 

23 (C) by striking ‘‘20 years’’ and inserting 

24 ‘‘imprisoned not more than 40 years’’; 


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1 (D) by striking ‘‘10 years’’ and inserting 

2 ‘‘imprisoned not more than 20 years’’; and 

3 (E) by striking ‘‘15 years’’ and inserting 

4 ‘‘imprisoned not more than 30 years’’; and 

5 (2) in subsection (b), by striking ‘‘5 years’’ and 

6 inserting ‘‘10 years’’. 

7 SEC. 303. INCREASED CRIMINAL PENALTIES FOR CERTAIN 

8 CRIMES. 

9 (a) IN GENERAL.—Title 18, United States Code, is 

10 amended by inserting after chapter 51 the following: 

11 ‘‘CHAPTER 52—ILLEGAL ALIENS 

12 ‘‘SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES 

13 COMMITTED BY ILLEGAL ALIENS. 

14 ‘‘(a) Any alien unlawfully present in the United 

15 States, who commits, or conspires or attempts to commit, 

16 a crime of violence or a drug trafficking offense (as de17 fined in section 924), shall be fined under this title and 

18 sentenced to not less than 5 years in prison. 

19 ‘‘(b) If an alien who violates subsection (a) was pre20 viously ordered removed under the Immigration and Na21 tionality Act (8 U.S.C. 1101 et seq.) on the grounds of 

22 having committed a crime, the alien shall be sentenced to 

23 not less than 15 years in prison. 


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1 ‘‘(c) A sentence of imprisonment imposed under this 

2 section shall run consecutively to any other sentence of 

3 imprisonment imposed for any other crime.’’. 

4 (b) CLERICAL AMENDMENT.—The table of chapters 

5 at the beginning of part I of title 18, United States Code, 

6 is amended by inserting after the item relating to chapter 

7 51 the following: 

‘‘52. Illegal aliens ...................................................................................... 1131’’. 

8 SEC. 304. INCREASED CRIMINAL PENALTIES FOR CRIMINAL 

9 STREET GANGS. 

10 (a) INADMISSIBILITY.—Section 212(a)(2) of the Im11 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

12 amended— 

13 (1) by redesignating subparagraph (F) as sub14 paragraph (J); and 

15 (2) by inserting after subparagraph (E) the fol16 lowing: 

17 ‘‘(F) ALIENS WHO ARE MEMBERS OF

18 CRIMINAL STREET GANGS.—Any alien who is 

19 determined by a court to be a member of a 

20 criminal street gang (as defined in section 

21 521(a) of title 18, United States Code) is inad22 missible.’’. 

23 (b) DEPORTABILITY.—Section 237(a)(2) of the Im24 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

25 amended by adding at the end the following: 


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1 ‘‘(F) ALIENS WHO ARE MEMBERS OF

2 CRIMINAL STREET GANGS.—Any alien who is 

3 determined by a court to be a member of a 

4 criminal street gang (as defined in section 

5 521(a) of title 18, United States Code) is de6 portable.’’. 

7 (c) TEMPORARY PROTECTED STATUS.—Section 

8 244(c)(2)(B) of the Immigration and Nationality Act (8 

9 U.S.C. 1254a(c)(2)(B)) is amended— 

10 (1) in clause (i), by striking ‘‘or’’ at the end; 

11 (2) in clause (ii), by striking the period at the 

12 end and inserting ‘‘; or’’; and 

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

14 ‘‘(iii) the alien is determined by a 

15 court to be a member of a criminal street 

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

17 18, United States Code).’’. 

18 SEC. 305. ADDITIONAL PENALTIES. 

19 (a) IN GENERAL.—Section 218A of the Immigration 

20 and Nationality Act, as added by section 402, is amended 

21 by adding at the end the following: 

22 ‘‘(f) PENALTIES.— 

23 ‘‘(1) GUEST WORKERS.—A guest worker who 

24 violates any of the terms described in subsection (d) 


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1 shall be subject to deportation and shall be ineligible 

2 to receive a nonimmigrant visa under this section. 

3 ‘‘(2) EMPLOYERS.— 

4 ‘‘(A) NOTIFICATION OF VIOLATION.—An 

5 employer who fails to notify the Secretary of 

6 Homeland Security after discovering that a 

7 guest worker has violated any of the terms de8 scribed in subsection (d) shall be ineligible to 

9 employ any alien in possession of a non10 immigrant visa issued under section. 

11 ‘‘(B) EMPLOYMENT OF ILLEGAL WORK12 ERS.—Any employer who knowingly employs a 

13 worker in the United States who is not author14 ized to work in the United States shall be sub15 ject to— 

16 ‘‘(i) for the first violation, a civil pen17 alty in an amount not to exceed $25,000; 

18 and 

19 ‘‘(ii) for the second or subsequent vio20 lation— 

21 ‘‘(I) a term of imprisonment not 

22 to exceed 2 years for the individual 

23 who hired the unauthorized worker; 

24 and 


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1 ‘‘(II) disqualification of the em2 ployer from further participation in 

3 the guest worker program authorized 

4 under this section.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) shall take effect on the date which is 2 

7 years after the date of the enactment of this Act. 

8 TITLE IV—REMOVAL AND 

9 VIOLATION TRACKING 

10 SEC. 401. INSTITUTIONAL REMOVAL PROGRAM. 

11 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

12 (1) CONTINUATION.—The Secretary shall con13 tinue to operate the Institutional Removal Program 

14 of the Department of Homeland Security to— 

15 (A) identify removable criminal aliens in 

16 Federal and State correctional facilities; 

17 (B) ensure that such aliens are not re18 leased into the community; and 

19 (C) remove such aliens from the United 

20 States after the completion of their sentences. 

21 (2) EXPANSION.—Not later than 5 years after 

22 the date of the enactment of this Act, the Secretary 

23 shall expand the Institutional Removal Program to 

24 every State. 


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1 (3) STATE PARTICIPATION.—The appropriate 

2 officials of each State in which the Secretary is oper3 ating the Institutional Removal Program should— 

4 (A) cooperate with Federal officials car5 rying out the Institutional Removal Program; 

6 (B) expeditiously and systematically iden7 tify criminal aliens in the prison and jail popu8 lations of the State; and 

9 (C) promptly convey the information de10 scribed in subparagraph (B) to the appropriate 

11 officials carrying out the Institutional Removal 

12 Program. 

13 (b) REPORT TO CONGRESS.—Not later than 2 years 

14 after of the date of the enactment of this Act, the Sec15 retary shall submit a report to Congress on the participa16 tion of the States in the Institutional Removal Program. 

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated $50,000,000 to carry 

19 out the expanded Institutional Removal Program author20 ized under subsection (a). 


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1 SEC. 402. AUTHORIZATION FOR DETENTION AFTER COM2 PLETION OF STATE OR LOCAL PRISON SEN3 TENCE. 

4 (a) IN GENERAL.—Law enforcement officers of a 

5 State or political subdivision of a State are authorized 

6 to— 

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

8 14 days after the alien has completed the alien’s 

9 State or local prison sentence in order to effectuate 

10 the transfer of the alien to Federal custody when the 

11 alien is removable or not lawfully present in the 

12 United States; or 

13 (2) issue a detainer that would allow aliens who 

14 have served a State or local prison sentence to be 

15 detained by an appropriate prison until personnel 

16 from the Bureau of Immigration and Customs En17 forcement can take the alien into Federal custody. 

18 (b) REIMBURSEMENT.— 

19 (1) IN GENERAL.—The Secretary shall reim20 burse a State or a political subdivision of a State for 

21 all reasonable expenses incurred by the State or the 

22 political subdivision for the detention of an alien as 

23 described in subsection (a). 

24 (2) COST COMPUTATION.—The amount of reim25 bursement provided for costs incurred carrying out 


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1 subsection (a) shall be determined pursuant to a for2 mula determined by the Secretary. 

3 (c) TECHNOLOGY USAGE.—Technology, such as 

4 videoconferencing, shall be used to the maximum extent 

5 possible to make the Institutional Removal Program avail6 able in remote locations. Mobile access to Federal data7 bases of aliens and live scan technology shall be used to 

8 the maximum extent practicable to make these resources 

9 available to State and local law enforcement agencies in 

10 remote locations. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary to reimburse a State or political subdivision of 

14 a State for the detention of an illegal alien pursuant to 

15 subsection (b). 

16 SEC. 403. USE OF THE NATIONAL CRIME INFORMATION 

17 CENTER DATABASE TO TRACK VIOLATIONS 

18 OF IMMIGRATION LAW. 

19 (a) PROVISION OF INFORMATION TO THE NATIONAL

20 CRIME INFORMATION CENTER.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of the enactment of this Act, the Secretary 

23 shall provide the National Crime Information Center 

24 of the Department of Justice with such information 

25 as the Director may have related to— 


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1 (A) any alien against whom a final order 

2 of removal has been issued; 

3 (B) any alien who is subject to a voluntary 

4 departure agreement that has become invalid 

5 under section 240B(a)(2) of the Immigration 

6 and Nationality Act (8 U.S.C. 1229c); and 

7 (C) any alien whose visa has been revoked. 

8 (2) REQUIREMENT TO PROVIDE AND USE IN9 FORMATION.—The information described in para10 graph (1) shall be provided to the National Crime 

11 Information Center, and the Center shall enter the 

12 information into the Immigration Violators File of 

13 the National Crime Information Center database if 

14 the name and date of birth are available for the indi15 vidual, regardless of whether the alien received no16 tice of a final order of removal or the alien has al17 ready been removed. 

18 (3) REMOVAL OF INFORMATION.—If an indi19 vidual is granted cancellation of removal under sec20 tion 240A of the Immigration and Nationality Act 

21 (8 U.S.C. 1229b), or granted permission to legally 

22 enter the United States pursuant to such Act after 

23 a voluntary departure under section 240B of such 

24 Act (8 U.S.C. 1229c), information entered into the 


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1 National Crime Information Center under paragraph 

2 (1) shall be promptly removed. 

3 (b) INCLUSION OF INFORMATION IN THE NATIONAL

4 CRIME INFORMATION CENTER DATABASE.—Section 

5 534(a) of title 28, United States Code, is amended— 

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

7 end; 

8 (2) by redesignating paragraph (4) as para9 graph (5); and 

10 (3) by inserting after paragraph (3) the fol11 lowing: 

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

13 records of violations of the immigration laws of the 

14 United States, regardless of whether the alien has 

15 received notice of the violation or the alien has al16 ready been removed; and’’. 

Æ 


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