IV 

110TH CONGRESS 

1ST SESSION H. RES. 499 

Expressing the sense of the House of Representatives that the Administration 

should rigorously enforce the laws of the United States to substantially 

reduce illegal immigration and greatly improve border security. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2007 

Mr. SMITH of Texas (for himself and Mr. KING of New York) submitted the 

following resolution; which was referred to the Committee on the Judiciary, and in addition to the Committees on Financial Services and Homeland Security, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

RESOLUTION 

Expressing the sense of the House of Representatives that 

the Administration should rigorously enforce the laws 

of the United States to substantially reduce illegal immigration and greatly improve border security. 

Whereas the President of the United States has the primary 

authority to employ Federal Government resources to enforce immigration laws; 

Whereas forty percent of the estimated twelve to twenty million illegal immigrants currently in the United States 

have overstayed their non-immigrant visas; 


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•HRES 499 IH 

Whereas the implementation of the United States Visitor and 

Immigrant Status Indicator Technology (U.S.–VISIT) 

program would ensure that the Federal Government 

knows whether people who entered the country on a 

short-term visa return home; 

Whereas the U.S. Treasury Department decision to allow financial institutions to accept the Mexican matricula consular card as valid identification for the purpose of opening bank accounts encourages illegal immigrants to stay 

in the United States; 

Whereas Federal Bureau of Investigation officials have testified under oath that the matricula consular card ‘‘is not 

a reliable form of identification, due to the non-existence 

of any means of verifying the true identity of the card 

holder’’ and because the card is so vulnerable to fraud 

and forgery ‘‘there are two major criminal threats posed 

by the cards, and one potential terrorist threat’’; 

Whereas this and previous Administrations have failed to enforce the legally binding affidavits of support that sponsors of immigrants sign; 

Whereas the lack of such enforcement lets immigrants know 

they can wrongfully take advantage of government benefits paid for by American taxpayers; 

Whereas ninety-eight percent of illegal immigrants arrested 

along the U.S.-Mexico border between 2000 and 2005 

were simply released across the border without prosecution, and many were caught and released multiple times; 

Whereas such a catch and return without prosecution policy 

encourages illegal immigrants to keep trying to enter illegally and creates a revolving door of illegal immigration; 


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•HRES 499 IH 

Whereas this and previous Administrations have largely ignored laws enacted as part of the Immigration Reform 

and Control Act of 1986 that impose fines on businesses 

that employ illegal workers; 

Whereas in 2004, the Administration did not issue any final 

orders to employers for hiring illegal immigrants; 

Whereas in 2005, the Administration issued only 10 such 

final orders; 

Whereas not enforcing employer sanctions encourages the hiring of illegal immigrants and the easy availability of jobs 

acts as a magnet that attracts illegal immigrants; 

Whereas neither the United States Department of Homeland 

Security nor the United States Department of Justice 

has filed suit to stop any of the ten states that allow colleges and universities to offer in-state tuition rates to illegal immigrants in violation of section 505 of the ‘‘Illegal 

Immigration Reform and Immigrant Responsibility Act 

of 1996’’; 

Whereas such a policy unfairly burdens U.S. citizens because 

there are fewer places for legal residents in those colleges 

or universities and out-of-state students pay more than illegal immigrants; 

Whereas in some judicial jurisdictions alien smugglers must 

be caught smuggling at least twelve illegal immigrants 

before they will be prosecuted by the U.S. Attorney’s Office; 

Whereas such a policy acts as an incentive for smugglers to 

continue their trade as long as they do not breach the arbitrary threshold for prosecution; 

Whereas there are currently only 13,500 Border Patrol 

agents, which is 1,306 less than the number Congress reVerDate Aug 31 2005 23:48 Jun 21, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HR499.IH HR499

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•HRES 499 IH 

quired be in place by the end of FY 2007 in the ‘‘Intelligence Reform and Terrorism Prevention Act of 2004’’; 

Whereas more Border Patrol agents will help ensure effective 

control of the U.S-Mexico border; 

Whereas there are currently only 27,500 detention beds for 

holding illegal immigrants which is 15,944 less than the 

number Congress required be in use by the end of FY 

2007 in the ‘‘Intelligence Reform and Terrorism Prevention Act of 2004’’; 

Whereas additional detention beds will help ensure that all 

criminal aliens and individuals apprehended while crossing the border illegally are detained prior to prosecution 

and deportation; 

Whereas there are currently only 5,571 Immigration and 

Customs Enforcement investigators, which is less than 

the number Congress required be in place by the end of 

FY 2007 in the ‘‘Intelligence Reform and Terrorism Prevention Act of 2004’’; 

Whereas additional investigators will help ensure that sufficient worksite enforcement is performed to impose employer sanctions on those who hire illegal immigrants; 

Whereas Congress passed and the President signed the ‘‘Secure Fence Act of 2006’’ requiring more than 700 miles 

of fencing to be built along the U.S.-Mexico border; 

Whereas as of June 5, 2007, only 87 miles of fencing exists 

even though such fencing helps deter illegal border crossing; 

Whereas the Department of Homeland Security may use expedited removal procedures for any illegal immigrants 

who have not been admitted or paroled into the United 


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•HRES 499 IH 

States and who have not affirmatively shown that they 

have been inside the United States for two years; 

Whereas the Department of Homeland Security only uses expedited removal procedures for illegal immigrants who 

are apprehended within 100 miles of the U.S. border and 

within 14 days of entry to the United States even though 

wider use of expedited removal would help decrease the 

number of appeals of removal orders which clog the Federal court system; and 

Whereas the current illegal immigration crisis is a direct result of this and previous Administrations failing to enforce or adequately enforce at least eight immigration 

laws passed by Congress and enacted by the current and 

former Administrations: Now, therefore, be it 

1 Resolved, That it is the sense of the House of Rep2 resentatives that— 

3 (1) the Administration should— 

4 (A) implement the entry and exit portions 

5 of the United States Visitor and Immigrant 

6 Status Indicator Technology program (U.S.– 

7 VISIT), as required by the Illegal Immigration 

8 Reform and Immigrant Responsibility Act of 

9 1996; 

10 (B) reverse the Treasury Department’s de11 cision to allow financial institutions to accept 

12 the Mexican matricula consular cards as valid 

13 identification for the purpose of opening bank 

14 accounts; 


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•HRES 499 IH 

1 (C) enforce legally binding affidavits of 

2 support that sponsors of immigrants sign; 

3 (D) end the practice of catching illegal im4 migrants at the border and returning them 

5 without prosecution; 

6 (E) enforce the employer sanctions enacted 

7 as part of the Immigration Reform and Control 

8 Act of 1986; 

9 (F) enforce section 505 of the Illegal Im10 migration Reform and Immigrant Responsibility 

11 Act of 1996, which prohibits in-State college 

12 tuition for illegal immigrants; 

13 (G) require prosecution of anyone caught 

14 smuggling immigrants across the border ille15 gally irrespective of how many immigrants are 

16 being smuggled; 

17 (H) increase the number of full-time Bor18 der Patrol agents by at least 1,306 by the end 

19 of fiscal year 2007, as authorized by the Intel20 ligence Reform and Terrorism Prevention Act 

21 of 2004; 

22 (I) increase the number of detention beds 

23 for illegal immigrants by at least 15,944 by the 

24 end of fiscal year 2007, as authorized by the 


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1 Intelligence Reform and Terrorism Prevention 

2 Act of 2004; 

3 (J) increase the number of full-time immi4 gration investigators by at least 1,600 by the 

5 end of fiscal year 2007, as authorized by the 

6 Intelligence Reform and Terrorism Prevention 

7 Act of 2004; 

8 (K) comply with the Secure Fence Act of 

9 2006 by building over 700 miles of fencing 

10 along the U.S.-Mexico border; and 

11 (L) increase the use of expedited removal 

12 procedures for all illegal immigrants eligible for 

13 expedited removal under United States immi14 gration laws; and 

15 (2) taking the steps described in paragraph (1) 

16 will lead to a substantial reduction in illegal immi17 gration and will greatly improve the border security 

18 of the United States. 

Æ 


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