I 

110TH CONGRESS 

1ST SESSION H. R. 2109 

To amend title 18, United States Code, to provide Federal penalties for 

certain killings by illegal aliens, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 2, 2007 

Mrs. DRAKE introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to provide Federal 

penalties for certain killings by 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. 

4 This Act may be cited as the ‘‘Empowering Our Local 

5 Communities Act of 2007’’. 

6 SEC. 2. CERTAIN KILLINGS BY ILLEGAL ALIENS. 

7 (a) IN GENERAL.—Chapter 51 of title 18, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

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1 ‘‘§ 1123. Certain killings by illegal aliens 

2 ‘‘Whoever, being an alien who is unlawfully present 

3 in the United States, commits manslaughter while under 

4 the influence of alcohol and while operating a motor vehi5 cle, which has been shipped, transported or traveled in or 

6 affecting interstate or foreign commerce, shall be subject 

7 to a fine under this title and imprisoned not less than 5 

8 nor more than 40 years.’’. 

9 (b) CLERICAL AMENDMENT.—The table of sections 

10 at the beginning of chapter 51 of title 18, United States 

11 Code, is amended by adding at the end the following new 

12 item: 

‘‘1123. Certain killings by illegal aliens.’’. 

13 SEC. 3. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS. 

14 Section 275 of the Immigration and Nationality Act 

15 (8 U.S.C. 1325) is amended— 

16 (1) in the section heading, by inserting ‘‘UN17 LAWFUL PRESENCE;’’ after ‘‘IMPROPER TIME

18 OR PLACE;’’; 

19 (2) in subsection (a)— 

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

21 ‘‘Except as provided in subsection (b), any 

22 alien’’; 

23 (B) by striking ‘‘or’’ before (3); and 

24 (C) by inserting after ‘‘concealment of a 

25 material fact,’’ the following: ‘‘or (4) is othermstockstill on PROD1PC66 with BILLS

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1 wise present in the United States in violation of 

2 the immigration laws or the regulations pre3 scribed thereunder,’’. 

4 SEC. 4. INSTITUTIONAL REMOVAL PROGRAM (IRP). 

5 (a) CONTINUATION AND EXPANSION.— 

6 (1) IN GENERAL.—The Department of Home7 land Security shall continue to operate and imple8 ment the program known as the Institutional Re9 moval Program (IRP) which— 

10 (A) identifies removable criminal aliens in 

11 Federal and State correctional facilities; 

12 (B) ensures such aliens are not released 

13 into the community; and 

14 (C) removes such aliens from the United 

15 States after the completion of their sentences. 

16 (2) EXPANSION.—The institutional removal 

17 program shall be extended to all States. Any State 

18 that receives Federal funds for the incarceration of 

19 criminal aliens shall— 

20 (A) cooperate with officials of the institu21 tional removal program; 

22 (B) expeditiously and systematically iden23 tify criminal aliens in its prison and jail popu24 lations; and 

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1 (C) promptly convey such information to 

2 officials of such program as a condition for re3 ceiving such funds. 

4 (b) AUTHORIZATION FOR DETENTION AFTER COM5 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

6 enforcement officers of a State or political subdivision of 

7 a State have the authority to— 

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

9 14 days after the alien has completed the alien’s 

10 State prison sentence in order to effectuate the 

11 transfer of the alien to Federal custody when the 

12 alien is removable or not lawfully present in the 

13 United States; or 

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

15 have served a State prison sentence to be detained 

16 by the State prison until personnel from United 

17 States Immigration and Customs Enforcement takes 

18 the alien into custody, as required by law. 

19 (c) TECHNOLOGY USAGE.—Technology such as video 

20 conferencing shall be used to the maximum extent possible 

21 in order to make the Institutional Removal Program 

22 (IRP) available in remote locations. Mobile access to Fed23 eral databases of aliens, such as IDENT, and live scan 

24 technology shall be used to the maximum extent pracmstockstill on PROD1PC66 with BILLS

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1 ticable in order to make these resources available to State 

2 and local law enforcement agencies in remote locations. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to carry out the institutional 

5 removal program— 

6 (1) $100,000,000 for fiscal year 2008; 

7 (2) $115,000,000 for fiscal year 2009; 

8 (3) $130,000,000 for fiscal year 2010; 

9 (4) $145,000,000 for fiscal year 2011; and 

10 (5) $160,000,000 for fiscal year 2012. 

11 SEC. 5. TRAINING OF STATE AND LOCAL PERSONNEL PER12 FORMING IMMIGRATION FUNCTIONS. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.— 

14 (1) IN GENERAL.—To carry out paragraph (2), 

15 there are authorized to be appropriated $40,000,000 

16 for fiscal year 2008, to remain available until Sep17 tember 30, 2009. 

18 (2) USE OFFUNDS.—From amounts made 

19 available under paragraph (1), the Secretary of 

20 Homeland Security may reimburse a State or polit21 ical subdivision for the expenses described in para22 graph (4). 

23 (3) ELIGIBLE RECIPIENTS.—A State, or a polit24 ical subdivision of a State, is eligible for reimbursemstockstill on PROD1PC66 with BILLS

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1 ment under paragraph (2) if the State or political 

2 subdivision— 

3 (A) has entered into a written agreement 

4 described in section 287(g) of the Immigration 

5 and Nationality Act (8 U.S.C. 1357(g)) under 

6 which certain officers or employees of the State 

7 or subdivision may be authorized to perform 

8 certain functions of an immigration officer; and 

9 (B) desires such officers or employees to 

10 receive training from the Department of Home11 land Security in relation to such functions. 

12 (4) EXPENSES.—The expenses described in this 

13 subsection are actual and necessary expenses in14 curred by the State or political subdivision in order 

15 to permit the training described in paragraph (3)(B) 

16 to take place, including expenses such as the fol17 lowing: 

18 (A) Costs of travel and transportation to 

19 locations where training is provided, including 

20 mileage and related allowances for the use of a 

21 privately owned automobile. 

22 (B) Subsistence consisting of lodging, 

23 meals, and other necessary expenses for the 

24 personal sustenance and comfort of a person re25 quired to travel away from the person’s regular 

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1 post of duty in order to participate in the train2 ing. 

3 (C) A per diem allowance paid instead of 

4 actual expenses for subsistence and fees or tips 

5 to porters and stewards. 

6 (D) Costs of securing temporary replace7 ments for personnel traveling to, and partici8 pating in, the training. 

9 (b) CLARIFICATION.—Nothing in this Act or any 

10 other provision of law shall be construed as making any 

11 immigration-related training a requirement for, or pre12 requisite to, any State or local law enforcement officer ex13 ercising that officer’s inherent authority to assist in the 

14 apprehension, arrest, detention, or transfer to Federal 

15 custody of illegal aliens during the normal course of car16 rying out their law enforcement duties. 

17 (c) REPORT.— 

18 (1) IN GENERAL.—Not later than 18 months 

19 after the date of enactment of this Act, the Sec20 retary of Homeland Security shall submit to the 

21 Congress a report describing the usefulness and ef22 fectiveness of the program under section 287(g) of 

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

24 1357(g)). 

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1 (2) CONTENTS.—The report under paragraph 

2 (1) shall address the following: 

3 (A) The number of States and political 

4 subdivisions of States participating in such pro5 gram. 

6 (B) The number of States and political 

7 subdivisions of States that have engaged in dis8 cussions with the Department of Homeland Se9 curity regarding such program. 

10 (C) A description of how useful and effec11 tive the program is, including data on appre12 hensions of aliens who are unlawfully present in 

13 the United States. 

14 (D) A description of any hardships faced 

15 by States and political subdivisions as partici16 pants of the program. 

17 (E) A description of the steps the Sec18 retary of Homeland Security is taking, and any 

19 plan the Secretary has formulated, to encourage 

20 the participation of States and political subdivi21 sions in such program. 

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