II 

109TH CONGRESS 

1ST SESSION S. 1438 

To provide for immigration reform. 

IN THE SENATE OF THE UNITED STATES 

JULY 20, 2005 

Mr. CORNYN (for himself and Mr. KYL) introduced the following bill; which 

was read twice and referred to the Committee on the Judiciary 

A BILL 

To provide for immigration reform. 

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 ‘‘Comprehensive Enforcement and Immigration Reform 

6 Act of 2005’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—BORDER ENFORCEMENT AND VISA SECURITY 

Sec. 101. Necessary assets for controlling United States borders. 

Sec. 102. Expedited removal between ports of entry. 

Sec. 103. Document fraud detection. 

Sec. 104. Improved document integrity. 
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Sec. 105. Cancellation of visas. 

Sec. 106. Biometric entry-exit system. 

Sec. 107. Release of aliens from noncontiguous countries. 

Sec. 108. Reducing illegal immigration and alien smuggling on tribal lands. 

TITLE II—INTERIOR ENFORCEMENT 

Subtitle A—General Enforcement 

Sec. 201. Detention space and removal capacity. 

Sec. 202. Detention of dangerous aliens. 

Sec. 203. Increased criminal penalties for alien smuggling, document fraud, 

gang violence, and drug trafficking. 

Sec. 204. Penalty for countries that do not accept return of nationals. 

Sec. 205. No judicial review of visa revocation. 

Sec. 206. Alternatives to detention. 

Sec. 207. Removal of aliens. 

Sec. 208. Additional immigration personnel. 

Sec. 209. Completion of background and security checks. 

Sec. 210. Denial of benefits to terrorists and criminals. 

Sec. 211. Reinstatement of previous removal orders. 

Sec. 212. Automated alien records. 

Subtitle B—State and Local Law Enforcement 

Sec. 221. Immigration law enforcement by States and political subdivisions of 

States. 

Sec. 222. State and local law enforcement provision of information regarding 

aliens 

Sec. 223. Listing of immigration violators in the National Crime Information 

Center database. 

Sec. 224. 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. 225. Federal custody of illegal aliens apprehended by State or local law 

enforcement. 

Sec. 226. Immunity. 

Sec. 227. State criminal alien assistance program. 

Sec. 228. Construction. 

Sec. 229. State Defined. 

TITLE III—WORKSITE ENFORCEMENT AND EMPLOYMENT 

VERIFICATION SYSTEM 

Subtitle A—Increased Enforcement Resources and Penalties 

Sec. 301. Additional worksite enforcement and fraud detection agents. 

Sec. 302. Penalties for unauthorized employment and false claims of citizenship. 

Sec. 303. Penalties for misusing social security numbers or filing false information with Social Security Administration. 

Subtitle B—Increased Document Integrity 

Sec. 311. Social Security cards. 

Sec. 312. Birth certificates. 
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Subtitle C—Mandatory Electronic Employment Verification of All Workers in 

the United States 

Sec. 321. Employment eligibility verification program. 

Subtitle D—Reduction in Employer Burdens 

Sec. 331. Reduction in documents that establish identity and employment authorization. 

Sec. 332. Good faith compliance. 

TITLE IV—REQUIREMENTS FOR PARTICIPATING COUNTRIES 

Sec. 401. Requirements for participating countries. 

TITLE V—NONIMMIGRANT TEMPORARY WORKER PROGRAM 

Sec. 501. Nonimmigrant temporary worker category. 

Sec. 502. Temporary worker program. 

Sec. 503. Statutory construction. 

Sec. 504. Authorization of appropriations. 

TITLE VI—MANDATORY DEPARTURE AND REENTRY IN LEGAL 

STATUS 

Sec. 601. Mandatory departure and reentry in legal status. 

Sec. 602. Statutory construction. 

Sec. 603. Authorization of appropriations. 

TITLE VII—ALIEN EMPLOYMENT MANAGEMENT SYSTEM 

Sec. 701. Alien employment management system. 

Sec. 702. Labor investigations. 

TITLE VIII—PROTECTION AGAINST IMMIGRATION FRAUD 

Sec. 801. Grants to support public education and training. 

TITLE IX—CIRCULAR MIGRATION 

Sec. 901. Investment accounts. 

TITLE X—BACKLOG REDUCTION 

Sec. 1001. Employment based immigrants. 

Sec. 1002. Country limits. 

Sec. 1003. Allocation of immigrant visas. 

TITLE XI—TEMPORARY AGRICULTURAL WORKERS 

Sec. 1101. Sense of the Senate on temporary agricultural workers. 
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1 TITLE I—BORDER ENFORCE2 MENT AND VISA SECURITY 

3 SEC. 101. NECESSARY ASSETS FOR CONTROLLING UNITED 

4 STATES BORDERS. 

5 (a) PERSONNEL.— 

6 (1) CUSTOMS AND BORDER PROTECTION OFFI7 CERS.—In each of the fiscal years 2006 through 

8 2010, the Secretary of Homeland Security shall in9 crease by not less than 250 the number of positions 

10 for full-time active duty Customs and Border Pro11 tection officers. 

12 (2) AUTHORIZATION OFAPPROPRIATIONS.— 

13 (A) CUSTOMS AND BORDER PROTECTION

14 OFFICERS.—There are authorized to be appro15 priated such sums as may be necessary for each 

16 of fiscal years 2006 through 2010 to carry out 

17 paragraph (1). 

18 (B) BORDER PATROL AGENTS.—There are 

19 authorized to be appropriated such sums as 

20 may be necessary for each of fiscal years 2006 

21 through 2010 to carry out section 5202 of the 

22 Intelligence Reform and Terrorism Prevention 

23 Act of 2004 (118 Stat. 3734). 

24 (C) TRANSPORTATION OFALIENS.—There 

25 are authorized to be appropriated $25,000,000 
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1 for each of fiscal years 2006 through 2010 for 

2 the transportation of aliens. 

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 OFAPPROPRIATIONS.— 

10 There are authorized to be appropriated 

11 $500,000,000 for each of fiscal years 2006 through 

12 2010 to carry out paragraph (1). 

13 (c) INFRASTRUCTURE.— 

14 (1) CONSTRUCTION OFBORDER CONTROL FA15 CILITIES.—The Secretary of Homeland Security 

16 shall construct all-weather roads and shall acquire 

17 vehicle barriers and necessary facilities to support 

18 its mission of achieving operational control of the 

19 borders of the United States. 

20 (2) AUTHORIZATION OFAPPROPRIATIONS.— 

21 There are authorized to be appropriated 

22 $500,000,000 for each of fiscal years 2006 through 

23 2010 to carry out paragraph (1). 

24 (d) BORDER PATROL CHECKPOINTS.—Temporary or 

25 permanent checkpoints may be maintained on roadways 
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1 in border patrol sectors close to the border between the 

2 United States and Mexico. 

3 SEC. 102. EXPEDITED REMOVAL BETWEEN PORTS OF 

4 ENTRY. 

5 (a) IN GENERAL.—Section 235 of the Immigration 

6 and Nationality Act (8 U.S.C. 1225) is amended— 

7 (1) in subsection (b)(1)(A)(i), by striking ‘‘the 

8 officer’’ the inserting ‘‘a supervisory officer’’ and 

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

10 following: 

11 ‘‘(4) EXPANSION.—The Secretary of Homeland 

12 Security shall make the expedited removal proce13 dures under this subsection available in all border 

14 patrol sectors on the southern border of the United 

15 States as soon as operationally possible. 

16 ‘‘(5) TRAINING.—The Secretary of Homeland 

17 Security shall provide employees of the Department 

18 of Homeland Security with comprehensive training 

19 of the procedures authorized under this subsection.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

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

22 of fiscal years 2006 through 2010 to carry out the amend23 ments made by this section. 
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1 SEC. 103. DOCUMENT FRAUD DETECTION. 

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

3 shall provide all customs and border protection officers 

4 with training in identifying and detecting fraudulent travel 

5 documents. Such training shall be developed in consulta6 tion with the Forensic Document Laboratory of the Immi7 gration and Customs Enforcement 

8 (b) FORENSIC DOCUMENT LABORATORY.—The Sec9 retary of Homeland Security shall provide all customs and 

10 border protection officers with access to the Forensic Doc11 ument Laboratory. 

12 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

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

14 fiscal years 2006 through 2010 to carry out this section. 

15 SEC. 104. IMPROVED DOCUMENT INTEGRITY. 

16 Section 303 of Public Law 107–173 (8 U.S.C. 1732) 

17 is amended— 

18 (1) in the header, by striking ‘‘ENTRY AND

19 EXIT DOCUMENTS’’ and inserting ‘‘TRAVEL AND

20 ENTRY DOCUMENTS AND EVIDENCE OF STA21 TUS’’; 

22 (2) in subsection (b)(1)— 

23 (A) by striking ‘‘Not later than October 

24 26, 2004, the Attorney General’’ and inserting 

25 ‘‘The Secretary of Homeland Security’’; and 
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1 (B) by striking ‘‘visas and’’ each place it 

2 appears and inserting ‘‘visas, evidence of status, 

3 and’’; 

4 (3) by redesignating subsection (d) as sub5 section (e); and 

6 (4) by inserting after subsection (c) the fol7 lowing: 

8 ‘‘(d) OTHER DOCUMENTS.—Not later than October 

9 26, 2007, every document, other than an interim docu10 ment, issued by the Department of Homeland Security, 

11 which may be used as evidence of immigrant, non12 immigrant, parole, asylee, or refugee status, shall be ma13 chine-readable, tamper-resistant, and incorporate a bio14 metric identifier to allow the Department of Homeland Se15 curity to electronically verify the identity and status of the 

16 alien.’’. 

17 SEC. 105. CANCELLATION OF VISAS. 

18 Section 222(g) of the Immigration and Nationality 

19 Act (8 U.S.C. 1202(g)) is amended— 

20 (1) in paragraph (1), by inserting ‘‘and any 

21 other nonimmigrant visa issued by the United States 

22 that is in the possession of the alien’’ after ‘‘such 

23 visa’’; and 

24 (2) in paragraph (2)(A), by striking ‘‘(other 

25 than the visa described in paragraph (1)) issued in 
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1 a consular office located in the country of the alien’s 

2 nationality’’ and inserting ‘‘(other than a visa de3 scribed in paragraph (1)) issued in a consular office 

4 located in the country of the alien’s nationality or 

5 foreign residence’’. 

6 SEC. 106. BIOMETRIC ENTRY-EXIT SYSTEM. 

7 (a) GROUNDS OF INADMISSIBILITY.—Section 212 of 

8 the Immigration and Nationality Act (8 U.S.C. 1182) is 

9 amended— 

10 (1) in subsection (a)(7), by adding at the end 

11 the following: 

12 ‘‘(C) WITHHOLDERS OFBIOMETRIC

13 DATA.—Any alien who fails to comply with a 

14 lawful request for biometric data under section 

15 215(c) or 235(d) is inadmissible.’’; and 

16 (2) in subsection (d), by inserting after para17 graph (1) the following: 

18 ‘‘(2) The Secretary of Homeland Security shall deter19 mine whether a ground for inadmissibility exists with re20 spect to an alien described in subparagraph (C) subsection 

21 (a)(7) and may waive the application of such subpara22 graph, for an individual alien or a class of aliens, at the 

23 discretion of the Secretary.’’. 

24 (b) COLLECTION OF BIOMETRIC DATA FROM ALIENS

25 DEPARTING THE UNITED STATES.—Section 215 of the 
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1 Immigration and Nationality Act (8 U.S.C. 1185) is 

2 amended— 

3 (1) by redesignating subsection (c) as sub4 section (g); and 

5 (2) by inserting after subsection (b) the fol6 lowing: 

7 ‘‘(c) The Secretary of Homeland Security is author8 ized to require aliens departing the United States to pro9 vide biometric data and other information relating to their 

10 immigration status.’’. 

11 (c) INSPECTION OF APPLICANTS FOR ADMISSION.— 

12 Section 235(d) of the Immigration and Nationality Act (8 

13 U.S.C. 1185(d)) is amended by adding at the end the fol14 lowing: 

15 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

16 DATA.—In conducting inspections under subsection 

17 (b), immigration officers are authorized to collect bi18 ometric data from— 

19 ‘‘(A) any applicant for admission or alien 

20 seeking to transit through the United States; or 

21 ‘‘(B) any lawful permanent resident who is 

22 entering the United States, but is not regarded 

23 as seeking admission under section 

24 101(a)(13)(C).’’. 
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1 (d) COLLECTION OF BIOMETRIC DATA FROM ALIEN

2 CREWMAN.—Section 252 of the Immigration and Nation3 ality Act (8 U.S.C. 1282) is amended by inserting ‘‘Immi4 gration officers are authorized to collect biometric data 

5 from any alien crewman seeking permission to land tempo6 rarily in the United States.’’ after ‘‘this title.’’. 

7 (e) IMPLEMENTATION.—Section 7208 of the 9/11 

8 Commission Implementation Act of 2004 (8 U.S.C. 

9 1365b) is amended— 

10 (1) in subsection (c), by adding at the end the 

11 following: 

12 ‘‘(3) IMPLEMENTATION.—In fully implementing 

13 the automated biometric entry and exit data system 

14 under this section, the Secretary is not required to 

15 comply with the requirements of chapter 5 of title 5, 

16 United States Code (commonly referred to as the 

17 ‘Administrative Procedures Act’) or any other law 

18 relating to rulemaking, information collection, or 

19 publication in the Federal Register.’’; and 

20 (2) in subsection (l)— 

21 (A) by striking ‘‘There are authorized’’ 

22 and inserting the following: 

23 ‘‘(1) IN GENERAL.—There are authorized’’; and 

24 (B) by adding at the end the following: 
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1 ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER

2 PORTS OFENTRY.—There are authorized to be ap3 propriated such sums as may be necessary for each 

4 of fiscal years 2006 and 2007 to implement the 

5 automated biometric entry and exit data system at 

6 all land border ports of entry.’’. 

7 SEC. 107. RELEASE OF ALIENS FROM NONCONTIGUOUS 

8 COUNTRIES. 

9 (a) MINIMUM BOND.—Section 236(a)(2) of the Im10 migration and Nationality Act (8 U.S.C. 1226(a)(2)) is 

11 amended— 

12 (1) by striking ‘‘on’’; 

13 (2) in subparagraph (A)— 

14 (A) by inserting ‘‘except as provided under 

15 subparagraph (B), upon the giving of a’’; and 

16 (B) by striking ‘‘or’’ at the end; 

17 (3) by redesignating subparagraph (B) as sub18 paragraph (C); and 

19 (4) by inserting after subparagraph (A) the fol20 lowing: 

21 ‘‘(B) if the alien is a national of a non22 contiguous country, has not been admitted or 

23 paroled into the United States, and was appre24 hended within 100 miles of the international 

25 border of the United States or presents a flight 
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1 risk, as determined by the Secretary of Home2 land Security, upon the giving of a bond of at 

3 least $5,000 with security approved by, and 

4 containing conditions prescribed by, the Sec5 retary of Homeland Security or the Attorney 

6 General; or’’. 

7 (b) REPORT.—Not later than 2 years after the effec8 tive date of this Act, the Secretary of Homeland Security 

9 shall submit a report to Congress on the number of aliens 

10 from noncontiguous countries who are apprehended be11 tween land border ports of entry. 

12 SEC. 108. REDUCING ILLEGAL IMMIGRATION AND ALIEN 

13 SMUGGLING ON TRIBAL LANDS. 

14 (a) GRANTS AUTHORIZED.—The Secretary of Home15 land Security may award grants to Indian tribes with 

16 lands adjacent to an international border of the United 

17 States that have been adversely affected by illegal immi18 gration. 

19 (b) USE OF FUNDS.—Grants awarded under sub20 section (a) may be used for— 

21 (1) law enforcement activities; 

22 (2) health care services; 

23 (3) environmental restoration; and 

24 (4) the preservation of cultural resources. 
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1 (c) REPORT.—Not later than 180 days after the date 

2 of enactment of this Act, the Secretary of Homeland Secu3 rity shall submit a report to the Committee on the Judici4 ary of the Senate and the Committee on the Judiciary of 

5 the House of Representatives that— 

6 (1) describes the level of access of Border Pa7 trol agents on tribal lands; 

8 (2) describes the extent to which enforcement of 

9 immigration laws may be improved by enhanced ac10 cess to tribal lands; 

11 (3) contains a strategy for improving such ac12 cess through cooperation with tribal authorities; and 

13 (4) identifies grants provided by the Depart14 ment of Homeland Security for Indian tribes, either 

15 directly or through State or local grants, relating to 

16 border security expenses. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

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

19 of fiscal years 2006 through 2010 to carry out this sec20 tion. 
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1 TITLE II—INTERIOR 

2 ENFORCEMENT 

3 Subtitle A—General Enforcement 

4 SEC. 201. DETENTION SPACE AND REMOVAL CAPACITY. 

5 Section 5204 of the Intelligence Reform and Ter6 rorism Protection Act of 2004 (118 Stat. 3734) is amend7 ed— 

8 (1) in subsection (a), by striking ‘‘8,000’’ and 

9 inserting ‘‘10,000’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In ad12 dition to amounts otherwise authorized to be appropriated, 

13 there are authorized to be appropriated such sums as may 

14 be necessary for each of fiscal years 2006 through 2010 

15 to carry out subsection (a).’’. 

16 SEC. 202. DETENTION OF DANGEROUS ALIENS. 

17 (a) REMOVAL OF TERRORIST ALIENS.— 

18 (1) IN GENERAL.—Title II of the Immigration 

19 and Nationality Act (8 U.S.C. 1151 et seq.) is 

20 amended— 

21 (A) in section 208(b)(2)(A), by amending 

22 clause (v) to read as follows: 

23 ‘‘(v) the alien is described in section 

24 212(a)(3)(B), 212(a)(3)(F), or 

25 237(a)(4)(B) unless, in the case only of an 
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1 alien described in section 

2 212(a)(3)(B)(i)(IV), the Secretary of 

3 Homeland Security or the Attorney Gen4 eral determines that there are not reason5 able grounds for regarding the alien as a 

6 danger to the security of the United 

7 States; or’’; 

8 (B) in section 240A(c), by amending para9 graph (4) to read as follows: 

10 ‘‘(4) An alien described in section 212(a)(3) or 

11 237(a)(4).’’; 

12 (C) in section 240B(b)(1)(C), by striking 

13 ‘‘deportable under’’ and inserting ‘‘described 

14 in’’; 

15 (D) in section 241(b)(3)(B)— 

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

17 the end; 

18 (ii) in clause (iv), by striking the pe19 riod at the end and inserting ‘‘; or’’; 

20 (iii) by inserting after clause (iv) the 

21 following: 

22 ‘‘(v) the alien is described in section 

23 212(a)(3)(B), 212(a)(3)(F), or 

24 237(a)(4)(B), unless, in the case only of 

25 an alien described in section 
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1 212(a)(3)(B)(i)(IV), the Secretary of 

2 Homeland Security or the Attorney Gen3 eral determines that there are not reason4 able grounds for regarding the alien as a 

5 danger to the security of the United 

6 States.’’; and 

7 (iv) by striking ‘‘For purposes of 

8 clause (iv)’’ and all that follows; and 

9 (E) in section 249— 

10 (i) by striking ‘‘inadmissible under 

11 section 212(a)(3)(E) or under section’’ and 

12 inserting ‘‘described in section 

13 212(a)(3)(E) or’’; and 

14 (ii) in subsection (d), by striking ‘‘to 

15 citizenship and is not deportable under’’ 

16 and inserting ‘‘for citizenship and is not 

17 described in’’. 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by paragraph (1) shall take effect on the date of en20 actment of this Act and shall apply to— 

21 (A) all aliens subject to removal, deporta22 tion, or exclusion at any time; and 

23 (B) acts and conditions constituting a 

24 ground for inadmissibility, excludability, depor-
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1 tation, or removal occurring or existing before, 

2 on, or after such effective date. 

3 (b) DETENTION OF DANGEROUS ALIENS.— 

4 (1) IN GENERAL.—Section 241(a) of the Immi5 gration and Nationality Act (8 U.S.C. 1231(a)) is 

6 amended— 

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

8 place it appears and inserting ‘‘Secretary of 

9 Homeland Security’’; 

10 (B) in paragraph (2), by inserting ‘‘If a 

11 court orders a stay of removal of an alien who 

12 is subject to an order of removal that is admin13 istratively final, the Secretary of Homeland Se14 curity, in the exercise of the Secretary’s discre15 tion, may detain the alien during the pendency 

16 of such stay of removal, before the beginning of 

17 the removal period, as provided in paragraph 

18 (1)(B)(ii).’’ after ‘‘detain the alien.’’; and 

19 (C) in paragraph (6), by striking ‘‘removal 

20 period and, if released,’’ and inserting ‘‘removal 

21 period, in the discretion of the Secretary, with22 out any limitations other than those specified 

23 by the Secretary of Homeland Security by regu24 lation, until the alien is removed. If an alien is 

25 released, the alien’’. 
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1 (2) EFFECTIVE DATE.—The amendments made 

2 by paragraph (1) shall take effect upon the date of 

3 enactment of this Act, and shall apply to cases in 

4 which the final administrative removal order was 

5 issued before, on, or after such date. 

6 SEC. 203. INCREASED CRIMINAL PENALTIES FOR ALIEN 

7 SMUGGLING, DOCUMENT FRAUD, GANG VIO8 LENCE, AND DRUG TRAFFICKING. 

9 (a) ALIEN SMUGGLING.—Section 274(a) of the Immi10 gration and Nationality Act (8 U.S.C. 1324(a)) is amend11 ed— 

12 (1) in paragraph (1)(B)— 

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

14 and inserting ‘‘15 years’’; 

15 (B) in clause (ii), by striking ‘‘5 year’’ and 

16 inserting ‘‘10 years’’; and 

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

18 and inserting ‘‘40 years’’; 

19 (2) in paragraph (2)— 

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

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

22 both’’; 

23 (B) in subparagraph (B)— 

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

25 the following: ‘‘be fined under title 18, 
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1 United States Code, and imprisoned not 

2 less than 5 years nor more than 25 

3 years;’’; 

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

5 the end and inserting the following: ‘‘be 

6 fined under title 18, United States Code, 

7 and imprisoned not less than 3 years not 

8 more than 20 years; or’’; and 

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

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

11 United States Code, and imprisoned not 

12 more than 15 years; or’’; and 

13 (C) by striking the matter following clause 

14 (iii) and inserting the following: 

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

16 offense described in subparagraph (B) and for 

17 any other violation, shall be fined under title 

18 18, United States Code, and imprisoned not 

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

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

21 and inserting ‘‘10 years’’; and 

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

23 and inserting ‘‘20 years’’. 

24 (b) DOCUMENT FRAUD.—Section 1546 of title 18, 

25 United States Code, is amended— 
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1 (1) in subsection (a)— 

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

3 and inserting ‘‘not less than 25 years’’ 

4 (B) by inserting ‘‘and if the terrorism of5 fense resulted in the death of any person, shall 

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

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

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

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

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

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

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

13 ‘‘imprisoned not more than 25 years’’; and 

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

15 inserting ‘‘10 years’’. 

16 (c) CRIMES OF VIOLENCE.— 

17 (1) IN GENERAL.—Title 18, United States 

18 Code, is amended by inserting after chapter 51 the 

19 following: 

20 ‘‘CHAPTER 52—ILLEGAL ALIENS 

‘‘Sec. 

‘‘1131. Enhanced penalties for certain crimes committed by illegal aliens. 

21 ‘‘§ 1131. Enhanced penalties for certain crimes com22 mitted by illegal aliens 

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

24 States, who commits, or conspires or attempts to commit, 
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1 a crime of violence or a drug trafficking offense (as de2 fined in section 924), shall be fined under this title and 

3 sentenced to not less than 5 years in prison. 

4 ‘‘(b) If an alien who violates subsection (a) was pre5 viously ordered removed under the Immigration and Na6 tionality Act (8 U.S.C. 1101 et seq.) on the grounds of 

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

8 not less than 15 years in prison. 

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

10 section shall run consecutively to any other sentence of 

11 imprisonment imposed for any other crime.’’. 

12 (2) CLERICAL AMENDMENT.—The table of 

13 chapters at the beginning of part I of title 18, 

14 United States Code, is amended by inserting after 

15 the item relating to chapter 51 the following: 

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

16 (d) CRIMINAL STREET GANGS.— 

17 (1) INADMISSIBILITY.—Section 212(a)(2) of the 

18 Immigration and Nationality Act (8 U.S.C. 

19 1182(a)(2)) is amended— 

20 (A) by redesignating subparagraph (F) as 

21 subparagraph (J); and 

22 (B) by inserting after subparagraph (E) 

23 the following: 

24 ‘‘(F) ALIENS WHO ARE MEMBERS OF

25 CRIMINAL STREET GANGS.—Any alien who is a 
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1 member of a criminal street gang (as defined in 

2 section 521(a) of title 18, United States Code) 

3 is inadmissible.’’. 

4 (2) DEPORTABILITY.—Section 237(a)(2) of the 

5 Immigration and Nationality Act (8 U.S.C. 

6 1227(a)(2)) is amended by adding at the end the 

7 following: 

8 ‘‘(F) ALIENS WHO ARE MEMBERS OF

9 CRIMINAL STREET GANGS.—Any alien who is a 

10 member of a criminal street gang (as defined in 

11 section 521(a) of title 18, United States Code) 

12 is deportable.’’. 

13 (3) TEMPORARY PROTECTED STATUS.—Section 

14 244(c)(2)(B) of the Immigration and Nationality 

15 Act (8 U.S.C. 1254a(c)(2)(B)) is amended— 

16 (A) in clause (i), by striking ‘‘or’’ at the 

17 end; 

18 (B) in clause (ii), by striking the period at 

19 the end and inserting ‘‘; or’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(iii) the alien is a member of a crimi22 nal street gang (as defined in section 

23 521(a) of title 18, United States Code).’’. 
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1 SEC. 204. PENALTY FOR COUNTRIES THAT DO NOT ACCEPT 

2 RETURN OF NATIONALS. 

3 Section 243(d) of the Immigration and Nationality 

4 Act (8 U.S.C. 1253(d)) is amended— 

5 (1) by striking ‘‘On being notified’’ and insert6 ing the following: 

7 ‘‘(1) IN GENERAL.—Upon notification’’; and 

8 (2) by striking ‘‘Attorney General’’ each place 

9 it appears and inserting ‘‘Secretary of Homeland Se10 curity’’; and 

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

12 ‘‘(2) DENIAL OFADMISSION.—The Secretary of 

13 Homeland Security, after making a determination 

14 that the government of a foreign country has denied 

15 or unreasonably delayed accepting an alien who is a 

16 citizen, subject, national, or resident of that country 

17 after the alien has been ordered removed, and after 

18 consultation with the Secretary of State, may deny 

19 admission to any citizen, subject, national or resi20 dent of that country until the country accepts the 

21 alien that was ordered removed.’’. 

22 SEC. 205. NO 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’’ and all that fol26 lows and inserting a period. 
25 

•S 1438 IS

1 SEC. 206. ALTERNATIVES TO DETENTION. 

2 The Secretary of Homeland Security shall implement 

3 pilot programs in all States to study the effectiveness of 

4 alternatives to detention, including electronic monitoring 

5 devices and intensive supervision programs, in ensuring 

6 alien appearance at court and compliance with removal or7 ders. 

8 SEC. 207. REMOVAL OF ALIENS. 

9 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

10 (1) CONTINUATION.—The Secretary of Home11 land Security shall continue to operate the Institu12 tional Removal Program or develop and implement 

13 any other program to— 

14 (A) identify removable criminal aliens in 

15 Federal and State correctional facilities; 

16 (B) ensure that such aliens are not re17 leased into the community; and 

18 (C) remove such aliens from the United 

19 States after the completion of their sentences. 

20 (2) EXPANSION.—The Secretary of Homeland 

21 Security shall extend the Institutional Removal Pro22 gram to all States. Each State should— 

23 (A) cooperate with officials of the Federal 

24 Institutional Removal Program; 
26 

•S 1438 IS

1 (B) expeditiously and systematically iden2 tify criminal aliens in its prison and jail popu3 lations; and 

4 (C) promptly convey the information col5 lected under subparagraph (B) to officials of 

6 the Institutional Removal Program. 

7 (b) AUTHORIZATION FOR DETENTION AFTER COM8 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

9 enforcement officers of a State or political subdivision of 

10 a State are authorized to— 

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

12 14 days after the alien has completed the alien’s 

13 State prison sentence in order to effectuate the 

14 transfer of the alien to Federal custody when the 

15 alien is removable or not lawfully present in the 

16 United States; or 

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

18 have served a State prison sentence to be detained 

19 by the State prison until personnel from the Bureau 

20 of Immigration and Customs Enforcement can take 

21 the alien into custody. 

22 (c) TECHNOLOGY USAGE.—Technology such as 

23 videoconferencing shall be used to the maximum extent 

24 possible in order to make the Institutional Removal Pro25 gram (IRP) available in remote locations. Mobile access 
27 

•S 1438 IS

1 to Federal databases of aliens, such as IDENT, and live 

2 scan technology shall be used to the maximum extent prac3 ticable in order to make these resources available to State 

4 and local law enforcement agencies in remote locations. 

5 (d) REPORT TO CONGRESS.—The Secretary of 

6 Homeland Security shall submit a report to Congress on 

7 the participation of States in the Institutional Removal 

8 Program and in any other program under subsection (a). 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to carry out the Institu11 tional Removal Program— 

12 (1) $30,000,000 for fiscal year 2006; 

13 (2) $40,000,000 for fiscal year 2007; 

14 (3) $50,000,000 for fiscal year 2008; 

15 (4) $60,000,000 for fiscal year 2009; and 

16 (5) $70,000,000 for fiscal year 2010. 

17 SEC. 208. ADDITIONAL IMMIGRATION PERSONNEL. 

18 (a) DEPARTMENT OF HOMELAND SECURITY.— 

19 (1) INVESTIGATIVE PERSONNEL.—In addition 

20 to the positions authorized under section 5203 of the 

21 Intelligence Reform and Terrorism Prevention Act 

22 of 2004, for each of fiscal years 2006 through 2010, 

23 the Secretary of Homeland Security shall, subject to 

24 the availability of appropriations for such purpose, 

25 increase by not less than 200 the number of posi-
28 

•S 1438 IS

1 tions for investigative personnel within the Depart2 ment of Homeland Security investigating alien 

3 smuggling and immigration status violations above 

4 the number of such positions for which funds were 

5 made available during the preceding fiscal year. 

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

7 2006 through 2010, the Secretary of Homeland Se8 curity shall, subject to the availability of appropria9 tions for such purpose, increase the number of posi10 tions for attorneys in the Office of General Counsel 

11 of the Department of Homeland Security who rep12 resent the Department in immigration matters by 

13 not less than 100 above the number of such posi14 tions for which funds were made available during 

15 each preceding fiscal year. 

16 (3) AUTHORIZATION OFAPPROPRIATIONS.— 

17 There are authorized to be appropriated to the De18 partment of Homeland Security for each of fiscal 

19 years 2006 through 2010 such sums as may be nec20 essary to carry out this subsection. 

21 (b) DEPARTMENT OF JUSTICE.— 

22 (1) ASSISTANT ATTORNEY GENERAL FOR IMMI23 GRATION ENFORCEMENT.— 

24 (A) ESTABLISHMENT.—There is estab25 lished within the Department of Justice the po-
29 

•S 1438 IS

1 sition of Assistant Attorney General for Immi2 gration Enforcement, which shall coordinate 

3 and prioritize immigration litigation and en4 forcement in the Federal courts, including— 

5 (i) removal and deportation; 

6 (ii) employer sanctions; and 

7 (iii) alien smuggling and human traf8 ficking. 

9 (B) CONFORMING AMENDMENT.—Section 

10 506 of title 28, United States Code, is amended 

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

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

13 years 2006 through 2010, 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 positions for attorneys in the Office of Immi17 gration Litigation of the Department of Justice. 

18 (3) UNITED STATES ATTORNEYS.—In each of 

19 fiscal years 2006 through 2010, the Attorney Gen20 eral shall, subject to the availability of appropria21 tions for such purpose, increase by not less than 50 

22 the number of attorneys in the United States Attor23 neys’ office to litigate immigration cases in the Fed24 eral courts. 
30 

•S 1438 IS

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

2 years 2006 through 2010, the Attorney General 

3 shall, subject to the availability of appropriations for 

4 such purpose, increase by not less than 50 the num5 ber of immigration judges. 

6 (5) AUTHORIZATION OFAPPROPRIATIONS.— 

7 There are authorized to be appropriated to the De8 partment of Justice for each of fiscal years 2006 

9 through 2010 such sums as may be necessary to 

10 carry out this subsection, including the hiring of 

11 necessary support staff. 

12 SEC. 209. COMPLETION OF BACKGROUND AND SECURITY 

13 CHECKS. 

14 Section 103 of the Immigration and Nationality Act 

15 (8 U.S.C. 1103) is amended by adding at the end the fol16 lowing: 

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

18 Secretary of Homeland Security, the Attorney General, or 

19 any court may not— 

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

21 status to that of an alien lawfully admitted for per22 manent residence; 

23 ‘‘(2) grant or order the grant of any other sta24 tus, relief, protection from removal, or other benefit 

25 under the immigration laws; or 
31 

•S 1438 IS

1 ‘‘(3) issue any documentation evidencing or re2 lated to such grant by the Attorney General, the 

3 Secretary, or any court, 

4 until such background and security checks as the Sec5 retary may in his discretion require have been completed 

6 to the satisfaction of the Secretary.’’. 

7 SEC. 210. DENIAL OF BENEFITS TO TERRORISTS AND 

8 CRIMINALS. 

9 Chapter 4 of title III of the Immigration and Nation10 ality Act (8 U.S.C. 1501 et seq.) is amended by adding 

11 at the end the following: 

12 ‘‘CONSTRUCTION

13 ‘‘SEC. 362. (a) Nothing in this Act or any other pro14 vision of law shall be construed to require the Secretary 

15 of Homeland Security, the Attorney General, the Sec16 retary of State, the Secretary of Labor, or any other au17 thorized head of any agency to grant any application, ap18 prove any petition, or grant or continue any status or ben19 efit under the immigration laws by, to, or on behalf of— 

20 ‘‘(1) any alien described in subparagraphs 

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

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

23 237(a)(4); 

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

25 or other investigation or case is pending that is ma-
32 

•S 1438 IS

1 terial to the alien’s inadmissibility, deportability, or 

2 eligibility for the status or benefit sought; or 

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

4 checks, as deemed appropriate by such authorized 

5 official, have not been conducted and resolved. 

6 ‘‘(b) An official described in subsection (a) may deny 

7 or withhold (with respect to an alien described in sub8 section (a)(1)) or withhold pending resolution of the inves9 tigation, case, or law enforcement checks (with respect to 

10 an alien described in paragraph (2) or (3) of subsection 

11 (a)) any such application, petition, status or benefit on 

12 such basis.’’. 

13 SEC. 211. REINSTATEMENT OF PREVIOUS REMOVAL OR14 DERS. 

15 (a) IN GENERAL.—Section 241(a)(5) of the Immi16 gration and Nationality Act (8 U.S.C. 1231(a)(5)) is 

17 amended to read as follows: 

18 ‘‘(5) REINSTATEMENT OFPREVIOUS REMOVAL

19 ORDERS.— 

20 ‘‘(A) REMOVAL.—The Secretary of Home21 land Security shall remove an alien who is an 

22 applicant for admission (other than an admis23 sible alien presenting himself or herself for in24 spection at a port of entry or an alien paroled 

25 into the United States under section 
33 

•S 1438 IS

1 212(d)(5)), after having been, on or after Sep2 tember 30, 1996, excluded, deported, or re3 moved, or having departed voluntarily under an 

4 order of exclusion, deportation, or removal. 

5 ‘‘(B) JUDICIAL REVIEW.—The removal de6 scribed in subparagraph (A) shall not require 

7 any proceeding before an immigration judge, 

8 and shall be under the prior order of exclusion, 

9 deportation, or removal, which is not subject to 

10 reopening or review. The alien is not eligible 

11 and may not apply for or receive any immigra12 tion relief or benefit under this Act or any other 

13 law, with the exception of sections 208 or 

14 241(b)(3) or the United Nations Convention 

15 Against Torture and Other Cruel, Inhuman, or 

16 Degrading Treatment or Punishment in the 

17 case of an alien who indicates either an inten18 tion to apply for asylum under section 208 or 

19 a fear of persecution or torture.’’. 

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

21 subsection (a)(1) shall take effect as if enacted on March 

22 1, 2003. 

23 SEC. 212. AUTOMATED ALIEN RECORDS. 

24 (a) IN GENERAL.—Not later than 5 years after the 

25 date of enactment of this Act, the Secretary of Homeland 
34 

•S 1438 IS

1 Security shall automate the storage of alien records in an 

2 electronic format that is interoperable with the alien 

3 record keeping systems of the Department of Justice and 

4 accessible by other Federal agencies for the purposes of 

5 administering the immigration laws of the United States. 

6 (b) EXISTING RECORDS.—The Secretary of Home7 land Security shall automate all alien records that were 

8 created during the 5-year period ending on the date of 

9 enactment of this Act. 

10 (c) OVERSIGHT.—The Chief Information Officer of 

11 the Department of Homeland Security shall be responsible 

12 for oversight and management of automating the storage 

13 of alien records in an electronic format. 

14 (d) OFFICIAL RECORD.—The automated alien record 

15 created under this section shall constitute the official 

16 record for purposes of the National Archives and Records 

17 Administration. 

18 (e) REPORTS.—The Secretary of Homeland Security 

19 shall report to the appropriate committees in Congress in 

20 2008 and 2010 on the progress made in automating alien 

21 records under this section. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

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

24 of the fiscal years 2006 through 2010 to carry out this 

25 section. 
35 

•S 1438 IS

1 Subtitle B—State and Local Law 

2 Enforcement 

3 SEC. 221. IMMIGRATION LAW ENFORCEMENT BY STATES 

4 AND POLITICAL SUBDIVISIONS OF STATES. 

5 Notwithstanding any other provision of law and re6 affirming the existing inherent authority of States, law en7 forcement personnel of a State or a political subdivision 

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

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

10 transfer to Federal custody aliens in the United States 

11 (including the transportation of such aliens across State 

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

13 the enforcement of the immigration laws of the United 

14 States in the normal course of carrying out the law en15 forcement duties of such personnel. This State authority 

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

17 SEC. 222. STATE AND LOCAL LAW ENFORCEMENT PROVI18 SION OF INFORMATION REGARDING ALIENS. 

19 (a) VIOLATIONS OF FEDERAL LAW.—A statute, pol20 icy, or practice that prohibits a law enforcement officer 

21 of a State, or of a political subdivision of a State, from 

22 enforcing Federal immigration laws or from assisting or 

23 cooperating with Federal immigration law enforcement in 

24 the course of carrying out the law enforcement duties of 

25 the officer or from providing information to an official of 
36 

•S 1438 IS

1 the United States Government regarding the immigration 

2 status of an individual who is believed to be illegally 

3 present in the United States is in violation of section 

4 642(a) of the Illegal Immigration Reform and Immigrant 

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

6 434 of the Personal Responsibility and Work Opportunity 

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

8 (b) PROVISION OF INFORMATION REGARDING AP9 PREHENDED ILLEGAL ALIENS.— 

10 (1) IN GENERAL.—In compliance with section 

11 642(a) of the Illegal Immigration Reform and Immi12 grant Responsibility Act of 1996 (8 U.S.C. 1373(a)) 

13 and section 434 of the Personal Responsibility and 

14 Work Opportunity Reconciliation Act of 1996 (8 

15 U.S.C. 1644), States and localities should provide to 

16 the Secretary of Homeland Security the information 

17 listed in subsection (c) on each alien apprehended or 

18 arrested in the jurisdiction of the State or locality 

19 who is believed to be in violation of an immigration 

20 law of the United States. Such information should 

21 be provided regardless of the reason for the appre22 hension or arrest of the alien. 

23 (2) TIME LIMITATION.—Not later than 10 days 

24 after an alien described in paragraph (1) is appre25 hended, information requested to be provided under 
37 

•S 1438 IS

1 paragraph (1) should be provided in such form and 

2 in such manner as the Secretary of Homeland Secu3 rity may, by regulation or guideline, require. 

4 (c) INFORMATION REQUIRED.—The information list5 ed in this subsection is as follows: 

6 (1) The name of the alien. 

7 (2) The address or place of residence of the 

8 alien. 

9 (3) A physical description of the alien. 

10 (4) The date, time, and location of the encoun11 ter with the alien and reason for stopping, detaining, 

12 apprehending, or arresting the alien. 

13 (5) If applicable, the driver’s license number 

14 issued to the alien and the State of issuance of such 

15 license. 

16 (6) If applicable, the type of any other identi17 fication document issued to the alien, any designa18 tion number contained on the identification docu19 ment, and the issuing entity for the identification 

20 document. 

21 (7) If applicable, the license plate number, 

22 make, and model of any automobile registered to, or 

23 driven by, the alien. 

24 (8) A photo of the alien, if available or readily 

25 obtainable. 
38 

•S 1438 IS

1 (9) The fingerprints of the alien, if available or 

2 readily obtainable, including a full set of 10 rolled 

3 fingerprints if available or readily obtainable. 

4 (d) REIMBURSEMENT.—The Secretary of Homeland 

5 Security shall reimburse States and localities for all rea6 sonable costs, as determined by the Secretary of Home7 land Security, incurred by that State or locality as a result 

8 of providing information required by this section. 

9 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 (1) ILLEGAL IMMIGRATION REFORM AND IMMI11 GRANT RESPONSIBILITY ACT OF1996.— 

12 (A) TECHNICAL AMENDMENT.—Section 

13 642 of the Illegal Immigration Reform and Im14 migrant Responsibility Act of 1996 (8 U.S.C. 

15 1373) is amended— 

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

17 by striking ‘‘Immigration and Naturaliza18 tion Service’’ and inserting ‘‘Department 

19 of Homeland Security’’; and 

20 (ii) in the heading by striking ‘‘IMMI21 GRATION AND NATURALIZATION SERV22 ICE’’ and inserting ‘‘DEPARTMENT OF

23 HOMELAND SECURITY’’. 

24 (B) CONFORMING AMENDMENT.—Section 

25 1(d) of the Illegal Immigration Reform and Im-
39 

•S 1438 IS

1 migrant Responsibility Act of 1996 (division C 

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

3 is amended by striking the item related to sec4 tion 642 and inserting the following: 

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

of Homeland Security.’’. 

5 (2) PERSONAL RESPONSIBILITY AND WORK OP6 PORTUNITY RECONCILIATION ACT OF1996.— 

7 (A) IN GENERAL.—Section 434 of the Per8 sonal Responsibility and Work Opportunity 

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

10 amended— 

11 (i) by striking ‘‘Immigration and Nat12 uralization Service’’ and inserting ‘‘Depart13 ment of Homeland Security’’; and 

14 (ii) in the heading by striking ‘‘IMMI15 GRATION AND NATURALIZATION SERV16 ICE’’ and inserting ‘‘DEPARTMENT OF

17 HOMELAND SECURITY’’. 

18 (B) CONFORMING AMENDMENT.—Section 

19 2 of the Personal Responsibility and Work Op20 portunity Reconciliation Act of 1996 (Public 

21 Law 104–193; 110 Stat. 2105) is amended by 

22 striking the item related to section 434 and in23 serting the following: 

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

the Department of Homeland Security.’’. 
40 

•S 1438 IS

1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated such sums as are necessary 

3 to provide the reimbursements required by subsection (d). 

4 SEC. 223. LISTING OF IMMIGRATION VIOLATORS IN THE NA5 TIONAL CRIME INFORMATION CENTER DATA6 BASE. 

7 (a) PROVISION OF INFORMATION TO THE NATIONAL

8 CRIME INFORMATION CENTER.— 

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

10 after the date of enactment of this Act, the Under 

11 Secretary for Border and Transportation Security of 

12 the Department of Homeland Security shall provide 

13 the National Crime Information Center of the De14 partment of Justice with such information as the 

15 Director may have related to— 

16 (A) any alien against whom a final order 

17 of removal has been issued; 

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

19 departure agreement that has become invalid 

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

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

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

23 (2) REQUIREMENT TO PROVIDE AND USE IN24 FORMATION.—The information described in para25 graph (1) shall be provided to the National Crime 
41 

•S 1438 IS

1 Information Center, and the Center shall enter the 

2 information into the Immigration Violators File of 

3 the National Crime Information Center database as 

4 long as a name and date of birth are available for 

5 the individual, regardless of whether the alien re6 ceived notice of a final order of removal or the alien 

7 has already been removed. 

8 (3) REMOVAL OFINFORMATION.—Should an in9 dividual be granted cancellation of removal under 

10 section 240A of the Immigration and Nationality 

11 Act (8 U.S.C. 1229b), or granted permission to le12 gally enter the United States pursuant to the Immi13 gration and Nationality Act after a voluntary depar14 ture under section 240B of the Immigration Nation15 ality Act (8 U.S.C. 1229c) , information entered into 

16 the National Crime Information Center in accord17 ance with paragraph (1) of this section shall be 

18 promptly removed. 

19 (b) INCLUSION OF INFORMATION IN THE NATIONAL

20 CRIME INFORMATION CENTER DATABASE.—Section 

21 534(a) of title 28, United States Code, is amended— 

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

23 end; 

24 (2) by redesignating paragraph (4) as para25 graph (5); and 
42 

•S 1438 IS

1 (3) by inserting after paragraph (3) the fol2 lowing: 

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

4 records of violations of the immigration laws of the 

5 United States, regardless of whether the alien has 

6 received notice of the violation or the alien has al7 ready been removed; and’’. 

8 (c) PERMISSION TO DEPART VOLUNTARILY.—Section 

9 240B of the Immigration and Nationality Act (8 U.S.C. 

10 1229c) is amended— 

11 (1) by striking ‘‘Attorney General’’ each place 

12 that term appears and inserting ‘‘Secretary of 

13 Homeland Security’’; and 

14 (2) in subsection (a)(2)(A), by striking ‘‘120’’ 

15 and inserting ‘‘30’’. 

16 SEC. 224. INCREASE OF FEDERAL DETENTION SPACE AND 

17 THE UTILIZATION OF FACILITIES IDENTIFIED 

18 FOR CLOSURES AS A RESULT OF THE DE19 FENSE BASE CLOSURE REALIGNMENT ACT 

20 OF 1990. 

21 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

22 FACILITIES.— 

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

24 Security shall construct or acquire additional deten25 tion facilities in the United States. 
43 

•S 1438 IS

1 (2) DETERMINATION OFLOCATION.—The loca2 tion of any detention facility built or acquired in ac3 cordance with this subsection shall be determined by 

4 the Deputy Assistant Director of the Office of De5 tention and Removal Operations within the Bureau 

6 of Immigration and Customs Enforcement. 

7 (3) USE OFINSTALLATIONS UNDER BASE CLO8 SURE LAWS.—In acquiring detention facilities under 

9 this subsection, the Secretary of Homeland Security 

10 shall, to the maximum extent practical, request the 

11 transfer of appropriate portions of military installa12 tions approved for closure or realignment under the 

13 Defense Base Closure and Realignment Act of 1990 

14 (part A of title XXIX of Public Law 101–510; 10 

15 U.S.C. 2687 note) for use in accordance with para16 graph (1). 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as necessary 

19 to carry out this section. 

20 SEC. 225. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE21 HENDED BY STATE OR LOCAL LAW ENFORCE22 MENT. 

23 Title II of the Immigration and Nationality Act (8 

24 U.S.C. 1151 et seq.) is amended by adding after section 

25 240C the following: 
44 

•S 1438 IS

1 ‘‘TRANSFER OF ILLEGAL ALIENS FROM STATE TO

2 FEDERAL CUSTODY

3 ‘‘SEC. 240D. (a) IN GENERAL.—If the head of a law 

4 enforcement entity of a State (or, if appropriate, a polit5 ical subdivision of the State) exercising authority with re6 spect to the apprehension or arrest of an illegal alien sub7 mits a request to the Secretary of Homeland Security that 

8 the alien be taken into Federal custody, the Secretary of 

9 Homeland Security— 

10 ‘‘(1) shall— 

11 ‘‘(A) not later than 72 hours after the con12 clusion of the State charging process or dis13 missal process, or if no State charging or dis14 missal process is required, not later than 72 

15 hours after the illegal alien is apprehended, 

16 take the illegal alien into the custody of the 

17 Federal Government and incarcerate the alien; 

18 or 

19 ‘‘(B) request that the relevant State or 

20 local law enforcement agency temporarily detain 

21 or transport the illegal alien to a location for 

22 transfer to Federal custody; and 

23 ‘‘(2) shall designate at least one Federal, State, 

24 or local prison or jail or a private contracted prison 

25 or detention facility within each State as the central 
45 

•S 1438 IS

1 facility for that State to transfer custody of criminal 

2 or illegal aliens to the Department of Homeland Se3 curity. 

4 ‘‘(b) REIMBURSEMENT.— 

5 ‘‘(1) IN GENERAL.—The Department of Home6 land Security shall reimburse a State or a political 

7 subdivision of a State for all reasonable expenses, as 

8 determined by the Secretary of Homeland Security, 

9 incurred by the State or political subdivision in the 

10 detention and transportation of a criminal or illegal 

11 alien as described in subparagraphs (A) and (B) of 

12 subsection (a)(1). 

13 ‘‘(2) COST COMPUTATION.—Compensation pro14 vided for costs incurred under subparagraphs (A) 

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

16 ‘‘(A) the product of— 

17 ‘‘(i) the average cost of incarceration 

18 of a prisoner in the relevant State, as de19 termined by the chief executive officer of a 

20 State (or, as appropriate, a political sub21 division of the State); multiplied by 

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

23 was in the custody of the State or political 

24 subdivision; added to 
46 

•S 1438 IS

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

2 or illegal alien from the point of apprehension 

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

4 location of detention and of custody transfer 

5 are different, to the custody transfer point. 

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

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

9 this subsection are held in facilities which provide an ap10 propriate level of security. 

11 ‘‘(d) REQUIREMENT FOR SCHEDULE.— 

12 ‘‘(1) IN GENERAL.—In carrying out this sec13 tion, the Secretary of Homeland Security shall es14 tablish a regular circuit and schedule for the prompt 

15 transfer of apprehended illegal aliens from the cus16 tody of States and political subdivisions of States to 

17 Federal custody. 

18 ‘‘(2) AUTHORITY FOR CONTRACTS.—The Sec19 retary of Homeland Security may enter into con20 tracts with appropriate State and local law enforce21 ment and detention officials to implement this sub22 section. 

23 ‘‘(e) ILLEGAL ALIEN DEFINED.—For purposes of 

24 this section, the term ‘illegal alien’ means an alien who— 
47 

•S 1438 IS

1 ‘‘(1) entered the United States without inspec2 tion or at any time or place other than that des3 ignated by the Secretary of Homeland Security; 

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

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

6 State or a political subdivision of the State, had 

7 failed to— 

8 ‘‘(A) maintain the nonimmigrant status in 

9 which the alien was admitted or to which it was 

10 changed under section 248; or 

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

12 such status; 

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

14 subsequently failed to comply with the requirements 

15 of that status; or 

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

17 voluntary departure agreement or under a final 

18 order of removal.’’. 

19 SEC. 226. IMMUNITY. 

20 (a) PERSONAL IMMUNITY.—Notwithstanding any 

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

22 State, or of a political subdivision of a State, shall be im23 mune, to the same extent as a Federal law enforcement 

24 officer, from personal liability arising out of the enforce25 ment of any immigration law. The immunity provided in 
48 

•S 1438 IS

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

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

3 the scope of such officer’s official duties. 

4 (b) AGENCY IMMUNITY.—Notwithstanding any other 

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

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

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

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

9 enforcement of any immigration law, except to the extent 

10 that the law enforcement officer of that agency, whose ac11 tion the claim involves, committed a violation of Federal, 

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

13 immigration law 

14 SEC. 227. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

15 (a) TRANSFER OF PROGRAM.— 

16 (1) IN GENERAL.—Section 501 of the Immigra17 tion Reform and Control Act of 1986 (8 U.S.C. 

18 1365) is amended by striking ‘‘Attorney General’’ 

19 each place it appears and inserting ‘‘Secretary of 

20 Homeland Security’’. 

21 (2) CONTRACTS.—Section 241(i) of the Immi22 gration and Nationality Act (8 U.S.C. 1231(i)) is 

23 amended by striking ‘‘Attorney General’’ each place 

24 it appears and inserting ‘‘Secretary of Homeland Se25 curity’’. 
49 

•S 1438 IS

1 (b) REIMBURSEMENT FOR COSTS ASSOCIATED WITH

2 PROCESSING CRIMINAL ILLEGAL ALIENS.—The Secretary 

3 of Homeland Security shall reimburse States and units of 

4 local government for costs associated with processing ille5 gal aliens through the criminal justice system, including— 

6 (1) indigent defense; 

7 (2) criminal prosecution; 

8 (3) autopsies; 

9 (4) translators and interpreters; and 

10 (5) courts costs. 

11 (c) AUTHORIZATION OF APPROPRIATIONS.— 

12 (1) REIMBURSEMENT FOR INCARCERATION

13 COSTS.—Section 241(i)(5) of the Immigration and 

14 Nationality Act (8 U.S.C. 1231(i)(5)) is amended to 

15 read as follows: 

16 ‘‘(5) There are authorized to be appropriated to 

17 carry out this subsection— 

18 ‘‘(A) $750,000,000 for fiscal year 2006; 

19 ‘‘(B) $850,000,000 for fiscal year 2007; 

20 and 

21 ‘‘(C) $950,000,000 for each of the fiscal 

22 years 2008 through 2010.’’. 

23 (2) REIMBURSEMENT FOR OTHER COSTS.— 

24 There are authorized to be appropriated 
50 

•S 1438 IS

1 $400,000,000 for each of fiscal years 2006 through 

2 2010 to carry out subsection (b). 

3 SEC. 228. CONSTRUCTION. 

4 Nothing in this subtitle may be construed to require 

5 law enforcement personnel of a State or political subdivi6 sion of a State to— 

7 (1) report the identity of a victim of, or a wit8 ness to, a criminal offense to the Secretary of Home9 land Security for immigration enforcement purposes; 

10 (2) arrest such victim or witness for a violation 

11 of the immigration laws of the United States; or 

12 (3) enforce the immigration laws of the United 

13 States. 

14 SEC. 229. STATE DEFINED. 

15 In this subtitle, the term ‘‘State’’ has the meaning 

16 given that term in section 101(a)(36) of the Immigration 

17 and Nationality Act (8 U.S.C. 1101 (a)(36)). 
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1 TITLE III—WORKSITE ENFORCE2 MENT AND EMPLOYMENT 

3 VERIFICATION SYSTEM 

4 Subtitle A—Increased Enforcement 

5 Resources and Penalties 

6 SEC. 301. ADDITIONAL WORKSITE ENFORCEMENT AND 

7 FRAUD DETECTION AGENTS. 

8 (a) WORKSITE ENFORCEMENT.—The Secretary of 

9 Homeland Security shall, subject to the availability of ap10 propriations for such purpose, annually increase, by not 

11 less than 2,000, the number of positions for investigators 

12 dedicated to enforcing compliance with sections 274 and 

13 274A of the Immigration and Nationality Act (8 U.S.C. 

14 1324, 1324a) during the 5-year period beginning on Octo15 ber 1, 2005. 

16 (b) FRAUD DETECTION.—The Secretary of Home17 land Security shall, subject to the availability of appropria18 tions for such purpose, increase by not less than 1,000 

19 the number of positions for Immigration Enforcement 

20 Agents dedicated to immigration fraud detection during 

21 the 5-year period beginning on October 1, 2005. 

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated during each of fiscal 

24 years 2006 through 2010 such sums as may be necessary 

25 to carry out this section. 
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1 SEC. 302. PENALTIES FOR UNAUTHORIZED EMPLOYMENT 

2 AND FALSE CLAIMS OF CITIZENSHIP. 

3 Section 274A of the Immigration and Nationality Act 

4 (8 U.S.C. 1324a) is amended— 

5 (1) in subsection (b)(2)— 

6 (A) by striking ‘‘The individual’’ and in7 serting the following: 

8 ‘‘(A) IN GENERAL.—The individual’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(B) PENALTIES.—Any individual who 

11 falsely represents that the individual is a citizen 

12 for purposes of obtaining employment shall, for 

13 each such violation, be subject to a fine of not 

14 more than $5,000 and a term of imprisonment 

15 not to exceed 3 years.’’; 

16 (2) in subsection (e)— 

17 (A) in paragraph (4)(A)— 

18 (i) in clause (i), by striking ‘‘$250 

19 and not more than $2,000’’ and inserting 

20 ‘‘$500 and not more than $4,000’’; 

21 (ii) in clause (ii), by striking ‘‘$2,000 

22 and not more than $5,000’’ and inserting 

23 ‘‘$4,000 and not more than $10,000’’; and 

24 (iii) in clause (iii), by striking 

25 ‘‘$3,000 and not more than $10,000’’ and 
53 

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1 inserting ‘‘$6,000 and not more than 

2 $20,000’’; and 

3 (B) in paragraph (5), by striking ‘‘$100 

4 and not more than $1,000’’ and inserting 

5 ‘‘$200 and not more than $2,000’’; and 

6 (3) in subsection (f), by striking ‘‘$3,000’’ and 

7 inserting ‘‘$6,000’’. 

8 SEC. 303. PENALTIES FOR MISUSING SOCIAL SECURITY 

9 NUMBERS OR FILING FALSE INFORMATION 

10 WITH SOCIAL SECURITY ADMINISTRATION. 

11 (a) MISUSE OF SOCIAL SECURITY NUMBERS.— 

12 (1) IN GENERAL.—Section 208(a) of the Social 

13 Security Act (42 U.S.C. 408(a)) is amended— 

14 (A) in paragraph (7), by adding after sub15 paragraph (C) the following: 

16 ‘‘(D) with intent to deceive, discloses, sells, 

17 or transfers his own social security account 

18 number, assigned to him by the Commissioner 

19 of Social Security (in the exercise of the Com20 missioner’s authority under section 205(c)(2) to 

21 establish and maintain records), to any person; 

22 or’’; 

23 (B) in paragraph (8), by adding ‘‘or’’ at 

24 the end; and 
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1 (C) by inserting after paragraph (8) the 

2 following: 

3 ‘‘(9) without lawful authority, offers, for a fee, 

4 to acquire for any individual, or to assist in acquir5 ing for any individual, an additional social security 

6 account number or a number that purports to be a 

7 social security account number; or 

8 ‘‘(10) willfully acts or fails to act so as to cause 

9 a violation of section 205(c)(2)(C)(xii); or 

10 ‘‘(11) being an officer or employee of any exec11 utive, legislative, or judicial agency or instrumen12 tality of the Federal Government or of a State or 

13 political subdivision thereof (or a person acting as 

14 an agent of such an agency or instrumentality) in 

15 possession of any individual’s social security account 

16 number (or an officer or employee thereof or a per17 son acting as an agent thereof), willfully acts or fails 

18 to act so as to cause a violation of clause (vi)(II), 

19 (x), (xi), (xii), (xiii), or (xiv) of section 205(c)(2)(C); 

20 or 

21 ‘‘(12) being a trustee appointed in a case under 

22 title 11, United States Code (or an officer or em23 ployee thereof or a person acting as an agent there24 of), willfully acts or fails to act so as to cause a vio25 lation of clause (x) or (xi) of section 205(c)(2)(C),’’. 
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1 (2) EFFECTIVE DATES.—Paragraphs (7)(D) 

2 and (9) of section 208(a) of the Social Security Act, 

3 as added by paragraph (1), shall apply with respect 

4 to each violation occurring after the date of enact5 ment of this Act. Paragraphs (10), (11), and (12) 

6 of section 208(a) of such Act, as added by para7 graph (1)(C), shall apply with respect to each viola8 tion occurring on or after the effective date of this 

9 Act. 

10 (b) REPORT ON ENFORCEMENT EFFORTS CON11 CERNING EMPLOYERS FILING FALSE INFORMATION RE12 TURNS.—The Commissioner of Internal Revenue and the 

13 Commissioner of Social Security shall submit an annual 

14 report to the appropriate congressional committees on ef15 forts taken to identify and enforce penalties against em16 ployers that file incorrect information returns. 

17 Subtitle B—Increased Document 

18 Integrity 

19 SEC. 311. SOCIAL SECURITY CARDS. 

20 (a) MACHINE-READABLE, TAMPER-RESISTANT

21 CARDS.— 

22 (1) ISSUANCE.— 

23 (A) PRELIMINARY WORK.—Not later than 

24 3 months after the date of enactment of this 

25 Act, the Commissioner of Social Security shall 
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1 begin work to administer and issue machine2 readable, tamper-resistant Social Security 

3 cards. 

4 (B) COMPLETION.—Not later than 1 year 

5 after the date of enactment of this Act, the So6 cial Security Administration shall only issue 

7 machine-readable, tamper-resistant Social Secu8 rity cards. 

9 (2) AMENDMENT.—Section 205(c)(2)(G) of the 

10 Social Security Act (42 U.S.C. 405(c)(2)(G)) is 

11 amended— 

12 (A) by inserting ‘‘(i)’’ after ‘‘(G)’’; and 

13 (B) by striking ‘‘The social security card 

14 shall be’’ and inserting the following: 

15 ‘‘(ii) The social security card shall be machine-read16 able, tamper-resistant,’’. 

17 (3) AUTHORIZATION OFAPPROPRIATIONS.— 

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out this subsection and 

20 the amendments made by this subsection. 

21 (b) MULTIPLE CARDS.— 

22 (1) IN GENERAL.—Section 205(c)(2)(G) of such 

23 Act is further amended by adding at the end the fol24 lowing: 
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1 ‘‘(iii) The Commissioner of Social Se2 curity shall not issue a replacement Social 

3 Security card to any individual unless the 

4 Social Security Administration determines 

5 that the purpose for requiring the issuance 

6 of the replacement document is legiti7 mate.’’. 

8 (2) EFFECTIVE DATE.—The amendment made 

9 by paragraph (1) shall take effect 1 year after the 

10 date of enactment of this Act. 

11 (c) REPORT ON INCORPORATION OF BIOMETRIC

12 IDENTIFIERS.—Not later than 6 months after the date of 

13 enactment of this Act, the Commissioner of Social Secu14 rity, in cooperation with the Secretary of Homeland Secu15 rity, shall submit a report to Congress on the viability of 

16 biometric authentication through employment authoriza17 tion documents. 

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

19 this subsections (a) and (b) shall take effect 1 year after 

20 the date of enactment of this Act. 

21 SEC. 312. BIRTH CERTIFICATES. 

22 (a) MINIMUM STANDARDS FOR FEDERAL RECOGNI23 TION.— 

24 (1) IN GENERAL.—A Federal agency may not 

25 accept, for any official purpose, a birth certificate 
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1 issued by a State to any person unless the State is 

2 meeting the requirements of this section. 

3 (2) STATE CERTIFICATIONS.—The Secretary of 

4 Homeland Security shall determine whether a State 

5 is meeting the requirements of this section based on 

6 certifications made by the State to the Secretary. 

7 Such certifications shall be made at such times and 

8 in such manner as the Secretary, in consultation 

9 with the Secretary of Health and Human Services, 

10 may prescribe by regulation. 

11 (3) MINIMUM DOCUMENT STANDARDS.— 

12 (A) IN GENERAL.—Each birth certificate 

13 issued to a person by the State shall be printed 

14 on safety paper and shall include the seal of the 

15 issuing custodian of record and such other fea16 tures as the Secretary may determine necessary 

17 to prevent tampering, counterfeiting, or other18 wise duplicating the birth certificate for fraudu19 lent purposes. The Secretary may not require 

20 birth certificates issued by all States to conform 

21 to a single design. 

22 (B) ELECTRONIC ISSUANCE AND TRACKING

23 SYSTEM.—The Secretary of Homeland Security, 

24 in consultation with the Secretary of Health 

25 and Human Services and the Commissioner of 
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1 Social Security, shall develop an electronic sys2 tem for issuing and tracking birth certificates 

3 so that those entities requiring such documents 

4 can quickly confirm their validity. 

5 (4) MINIMUM ISSUANCE STANDARDS.— 

6 (A) IN GENERAL.—Before issuing an au7 thenticated copy of a birth certificate of any 

8 child, a State shall require the requestor to pro9 vide, and shall verify— 

10 (i) the name of the child that will ap11 pear on the birth certificate; 

12 (ii) the date and location of the child’s 

13 birth; 

14 (iii) the maiden name of the child’s 

15 mother; and 

16 (iv) substantial proof of the reques17 tor’s identity. 

18 (B) ISSUANCE TO PERSONS NOT NAMED

19 ON BIRTH CERTIFICATE.—A State shall not 

20 issue a birth certificate to a requestor who is 

21 not named on the birth certificate unless the re22 questor presents legal authorization in support 

23 of the request. 

24 (C) ISSUANCE TO FAMILY MEMBERS.—Not 

25 later than 1 year after the date of enactment of 
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•S 1438 IS

1 this Act, the Secretary, in consultation with the 

2 Secretary of Health and Human Services and 

3 appropriate State representatives, shall estab4 lish minimum standards for issuance of a birth 

5 certificate to specific family members, their au6 thorized representatives, and others who dem7 onstrate that the certificate is needed for the 

8 protection of the requestor’s personal or prop9 erty rights. 

10 (D) WAIVERS.—A State may waive the re11 quirements set forth in subparagraphs (A) 

12 through (C) in exceptional circumstances, such 

13 as the incapacitation of the registrant. 

14 (E) APPLICATION BY ELECTRONIC

15 MEANS.—A State shall employ third party 

16 verification, or equivalent verification, of the 

17 identity of the requestor for applications by 

18 electronic means, through the mail, or by phone 

19 or fax. 

20 (F) VERIFICATION OF DOCUMENTS.—A 

21 State shall verify the documents used to provide 

22 proof of identity of the requestor. 

23 (5) EFFECTIVE DATE.—This subsection shall 

24 take effect on May 11, 2008. 
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1 (b) APPLICABILITY OF MINIMUM STANDARDS TO

2 LOCAL GOVERNMENTS.—The minimum standards set 

3 forth in subsection (a) for birth certificates issued by a 

4 State shall apply to birth certificates issued by a local gov5 ernment in the State. It shall be the responsibility of the 

6 State to ensure that local governments in the State comply 

7 with the minimum standards. 

8 (c) OTHER REQUIREMENTS.—When issuing and ad9 ministering birth certificates, each State shall— 

10 (1) establish and implement minimum building 

11 security standards for State and local vital record 

12 offices; 

13 (2) restrict public access to birth certificates 

14 and information gathered in the issuance process to 

15 ensure that access is restricted to entities with which 

16 the State has a binding privacy protection agree17 ment; 

18 (3) subject all persons with access to vital 

19 records to appropriate security clearance require20 ments; 

21 (4) establish fraudulent document recognition 

22 training programs for appropriate employees en23 gaged in the issuance process; 
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1 (5) establish and implement internal operating 

2 system standards for paper and for electronic sys3 tems; 

4 (6) establish a central database that can pro5 vide interoperative data exchange with other States 

6 and with Federal agencies, subject to privacy restric7 tions and confirmation of the authority and identity 

8 of the requestor; 

9 (7) ensure that birth and death records are 

10 matched in a comprehensive and timely manner, and 

11 that all electronic birth records and paper birth cer12 tificates of decedents are marked ‘‘deceased’’; and 

13 (8) cooperate with the Secretary in the imple14 mentation of electronic verification of vital events 

15 under subsection (f). 

16 (d) VERIFICATION OF BIRTH RECORDS PROVIDED IN

17 SOCIAL SECURITY APPLICATIONS.— 

18 (1) IN GENERAL.—Section 205(c)(2)(B)(ii) of 

19 the Social Security Act (42 U.S.C. 405(c)(2)(B)(ii)) 

20 is amended— 

21 (A) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(II) With respect to an application for a social 

24 security account number for an individual, other 

25 than for purposes of enumeration at birth, the Com-
63 

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1 missioner shall require independent verification of 

2 any birth record provided by the applicant in sup3 port of the application.’’. 

4 (2) EFFECTIVE DATE.—The amendment made 

5 by subsection (a) shall apply with respect to applica6 tions filed more than 180 days after the date of en7 actment of this Act. 

8 (e) ELECTRONIC BIRTH AND DEATH REGISTRATION

9 SYSTEMS.—In consultation with the Secretary of Health 

10 and Human Services and the Commissioner of Social Se11 curity, the Secretary shall— 

12 (1) work with the States to establish a common 

13 data set and common data exchange protocol for 

14 electronic birth registration systems and death reg15 istration systems; 

16 (2) coordinate requirements for such systems to 

17 align with a national model; 

18 (3) ensure that fraud prevention is built into 

19 the design of electronic vital registration systems in 

20 the collection of vital event data, the issuance of 

21 birth certificates, and the exchange of data among 

22 government agencies; 

23 (4) ensure that electronic systems for issuing 

24 birth certificates, in the form of printed abstracts of 

25 birth records or digitized images, employ a common 
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1 format of the certified copy, so that those requiring 

2 such documents can quickly confirm their validity; 

3 (5) establish uniform field requirements for 

4 State birth registries; 

5 (6) not later than 6 months after the date of 

6 enactment of this Act, submit a report to Congress 

7 on whether there is a need for Federal laws to ad8 dress penalties for fraud and misuse of vital records 

9 and whether violations are sufficiently enforced; 

10 (7) not later than 1 year after the date of en11 actment of this Act— 

12 (A) establish a process with the Depart13 ment of Defense that will result in the sharing 

14 of data, with the States and the Social Security 

15 Administration, regarding deaths of United 

16 States military personnel and the birth and 

17 death of their dependents; and 

18 (B) establish a process with the Depart19 ment of State to improve registration, notifica20 tion, and the sharing of data with the States 

21 and the Social Security Administration, regard22 ing births and deaths of United States citizens 

23 abroad; and 

24 (8) not later than 3 years after the date of es25 tablishment of databases provided for under this sec-
65 

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1 tion, require States to record and retain electronic 

2 records of pertinent identification information col3 lected from requesters who are not the registrants. 

4 (f) ELECTRONIC VERIFICATION OF VITAL EVENTS.— 

5 (1) LEAD AGENCY.—The Secretary shall lead 

6 the implementation of electronic verification of a 

7 person’s birth and death. 

8 (2) REGULATIONS.—In carrying out subsection 

9 (a), the Secretary shall issue regulations to establish 

10 a means by which authorized Federal and State 

11 agency users with a single interface will be able to 

12 generate an electronic query to any participating 

13 vital records jurisdiction throughout the Nation to 

14 verify the contents of a paper birth certificate. Pur15 suant to the regulations, an electronic response from 

16 the participating vital records jurisdiction as to 

17 whether there is a birth record in their database 

18 that matches the paper birth certificate will be re19 turned to the user, along with an indication if the 

20 matching birth record has been flagged ‘‘deceased’’. 

21 The regulations shall take effect not later than 5 

22 years after the date of enactment of this Act. 

23 (g) GRANTS TO STATES AND LOCAL GOVERN24 MENTS.— 
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1 (1) IN GENERAL.—The Secretary may make 

2 grants to a State or a local government to assist the 

3 State in conforming to the minimum standards set 

4 forth in this chapter. 

5 (2) AUTHORIZATION OFAPPROPRIATIONS.— 

6 There are authorized to be appropriated to the Sec7 retary for each of the fiscal years 2006 through 

8 2010 such sums as may be necessary to carry out 

9 this chapter. 

10 (h) AUTHORITY.— 

11 (1) PARTICIPATION WITH FEDERAL AGEN12 CIES.—All authority to issue regulations, certify 

13 standards, and issue grants under this section shall 

14 be carried out by the Secretary, with the concur15 rence of the Secretary of Health and Human Serv16 ices and in consultation with State vital statistics of17 fices and appropriate Federal agencies. 

18 (2) EXTENSION OFDEADLINES.—The Sec19 retary may grant to a State an extension of time to 

20 meet the requirements of subparagraph (b)(1)(A) of 

21 this section if, in the discretion of the Secretary, the 

22 State provides adequate justification for noncompli23 ance. 
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1 (i) REPEAL.—Section 7211 of the Intelligence Re2 form and Terrorism Prevention Act of 2004 (5 U.S.C. 301 

3 note) is repealed. 

4 Subtitle C—Mandatory Electronic 

5 Employment Verification of All 

6 Workers in the United States 

7 SEC. 321. EMPLOYMENT ELIGIBILITY VERIFICATION PRO8 GRAM. 

9 (a) RENAMING OF BASIC PILOT PROGRAM.—Subtitle 

10 A of title IV of the Illegal Immigration Reform and Immi11 grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

12 is amended— 

13 (1) in section 401(c)(1), ‘‘basic pilot program’’ 

14 and inserting ‘‘Employment Eligibility Verification 

15 System’’; and 

16 (2) in section 403(a), by striking ‘‘(a)’’ and all 

17 that follows through ‘‘agrees to conform’’ and insert 

18 the following: 

19 ‘‘(a) EMPLOYMENT ELIGIBILITY VERIFICATION SYS20 TEM.—A person or other entity that elects to participate 

21 in the Employment Eligibility Verification System shall 

22 agree to conform’’. 

23 (b) CONFIDENTIALITY.— 

24 (1) ACCESS TO DATABASE.—No officer or em25 ployee of any agency or department of the United 
68 

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1 States, other than individuals responsible for the en2 forcement of immigration laws or for the evaluation 

3 of the employment verification program at the Social 

4 Security Administration, the Department of Home5 land Security, and the Department of Labor, may 

6 have access to any information contained in the 

7 Database. 

8 (2) PROTECTION FROM UNAUTHORIZED DIS9 CLOSURE.—Information in the Database shall be 

10 adequately protected against unauthorized disclosure 

11 for other purposes, as provided in regulations estab12 lished by the Commissioner of Social Security, in 

13 consultation with the Secretary of Homeland Secu14 rity and the Secretary of Labor. 

15 (c) IMPROVEMENTS TO DATABASE INTEGRITY.— 

16 (1) IN GENERAL.—The Commissioner of Social 

17 Security shall identify the sources of false, incorrect, 

18 or expired Social Security numbers and take steps to 

19 eliminate such numbers from the Social Security 

20 system 

21 (2) REPORT.—Not later than 6 months after 

22 the date of enactment of this Act, the Commissioner 

23 of Social Security shall submit a report to Congress 

24 that identifies— 
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1 (A) the sources of false, incorrect, or ex2 pired Social Security numbers; 

3 (B) the steps taken by the Social Security 

4 Administration to identify and eliminate the 

5 numbers described in paragraph (1); and 

6 (C) how the Social Security Administration 

7 plans to complete the removal the numbers de8 scribed in paragraph (1) from the Social Secu9 rity system within 1 year after the date on 

10 which the report is submitted. 

11 (d) MANDATORY PARTICIPATION.— 

12 (1) IN GENERAL.—Beginning not later than 12 

13 months after the date of the enactment of this Act, 

14 any person or other entity that hires any individual 

15 for employment in the United States shall partici16 pate in the Employment Eligibility Verification Sys17 tem. 

18 (2) SANCTIONS FOR NONCOMPLIANCE; CON19 TINUATION OFCURRENT COMPLIANCE AUTHOR20 ITY.—The provisions of paragraph (2) of section 

21 402(e) of the Illegal Immigration Reform and Immi22 grant Responsibility Act of 1996 (8 U.S.C. 1324a 

23 note) shall apply with respect to a person or entity 

24 required to participate in the Employment Eligibility 

25 Verification System in the same manner as such 
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•S 1438 IS

1 paragraph applies to a person or entity otherwise re2 quired to participate under such subsection. 

3 (3) VOLUNTARY PARTICIPATION OFEMPLOYERS

4 NOT SUBJECT TO REQUIREMENT.—Nothing in this 

5 subsection shall be construed as preventing a person 

6 or other entity that is not subject to the requirement 

7 of paragraph (1) from voluntarily participating in 

8 the Employment Eligibility Verification System. 

9 (e) ELECTRONIC FILING.—Any employer partici10 pating in the Employment Eligibility Verification System 

11 may complete and allow for new hires to complete employ12 ment verification documents electronically. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as may be 

15 required to carry out the Employment Eligibility 

16 Verification System throughout the United States and for 

17 every employer. 

18 Subtitle D—Reduction in Employer 

19 Burdens 

20 SEC. 331. REDUCTION IN DOCUMENTS THAT ESTABLISH 

21 IDENTITY AND EMPLOYMENT AUTHORIZA22 TION. 

23 (a) IN GENERAL.—Section 274A(b)(1) of the Immi24 gration and Nationality Act (8 U.S.C. 1324a(b)(1)) is 

25 amended— 
71 

•S 1438 IS

1 (1) by amending subparagraph (C) to read as 

2 follows: 

3 ‘‘(C) DOCUMENTS EVIDENCING EMPLOY4 MENT AUTHORIZATION.—The only document 

5 that may be presented to establish employment 

6 authorization under this section is a Social Se7 curity card that complies with section 311(a).’’. 

8 (2) by amending subparagraph (D) to read as 

9 follows: 

10 ‘‘(D) DOCUMENTS ESTABLISHING IDEN11 TITY OFAN INDIVIDUAL.—A document de12 scribed in this subparagraph is— 

13 ‘‘(i) an identification document issued 

14 by the United States Government that con15 tains a biometric identifier; or 

16 ‘‘(ii) a driver’s license or identification 

17 document issued by a State that complies 

18 with section 202 of the REAL ID Act of 

19 2005 (Division B of Public Law 109– 

20 13).’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on May 11, 2008. 

23 SEC. 332. GOOD FAITH COMPLIANCE. 

24 An employer that complies with the requirements 

25 under subtitle C has established an affirmative defense 
72 

•S 1438 IS

1 that the employer has not violated the employment 

2 verification requirements under section 274A of the Immi3 gration and Nationality Act (8 U.S.C. 1324a). 

4 TITLE IV—REQUIREMENTS FOR 

5 PARTICIPATING COUNTRIES 

6 SEC. 401. REQUIREMENTS FOR PARTICIPATING COUN7 TRIES. 

8 (a) IN GENERAL.—An alien is not eligible for status 

9 as a nonimmigrant under section 101(a)(15)(W) of the 

10 Immigration and Nationality Act, as added by section 501 

11 of this Act, or deferred mandatory departure status under 

12 section 218B of the Immigration and Nationality Act, as 

13 added by section 601 of this Act, unless the home country 

14 of the alien has entered into a bilateral agreement with 

15 the United States that conforms to the requirements 

16 under subsection (b). 

17 (b) REQUIREMENTS OF BILATERAL AGREEMENTS.— 

18 Each agreement under subsection (a) shall require the 

19 home country to— 

20 (1) accept, within 3 days, the return of nation21 als who are ordered removed from the United 

22 States; 

23 (2) cooperate with the United States Govern24 ment in— 
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1 (A) identifying, tracking, and reducing 

2 gang membership, violence, and human traf3 ficking and smuggling; and 

4 (B) controlling illegal immigration; 

5 (3) provide the United States Government 

6 with— 

7 (A) passport information and criminal 

8 records of aliens who are seeking admission to 

9 or are present in the United States; and 

10 (B) admission and entry data to facilitate 

11 United States entry-exit data systems; 

12 (4) take steps to educate nationals of the home 

13 country regarding the program under title V or VI 

14 to ensure that such nationals are not exploited; and 

15 (5) provide a minimum level of health coverage 

16 to its participants. 

17 (c) RULEMAKING.— 

18 (1) IN GENERAL.—Not later than 3 months 

19 after the date of enactment of this Act, the Sec20 retary of Health and Human Services shall, by regu21 lation, define the minimum level of health coverage 

22 to be provided by participating countries. 

23 (2) RESPONSIBILITY TO OBTAIN COVERAGE.—If 

24 the health coverage provided by the home country 

25 falls below the minimum level defined pursuant to 
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•S 1438 IS

1 paragraph (1), the employer of the alien shall pro2 vide or the alien shall obtain coverage that meets 

3 such minimum level. 

4 (d) HOUSING.—Participating countries shall agree to 

5 evaluate means to provide housing incentives in the alien’s 

6 home country for returning workers. 

7 TITLE V—NONIMMIGRANT 

8 TEMPORARY WORKER PROGRAM 

9 SEC. 501. NONIMMIGRANT TEMPORARY WORKER CAT10 EGORY. 

11 (a) NEW TEMPORARY WORKER CATEGORY.—Section 

12 101(a)(15) of the Immigration and Nationality Act (8 

13 U.S.C. 1101(a)(15)) is amended by adding at the end the 

14 following: 

15 ‘‘(W) an alien having a residence in a for16 eign country which the alien has no intention of 

17 abandoning who is coming temporarily to the 

18 United States to perform temporary labor or 

19 service, other than that which would qualify an 

20 alien for status under sections 

21 101(a)(15)(H)(i), 101(a)(15)(H)(ii)(a), 

22 101(a)(15)(L), 101(a)(15)(O), 101(a)(15)(P), 

23 and who meets the requirements of section 

24 218A; or’’. 
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•S 1438 IS

1 (b) REPEAL OF H–2B CATEGORY.—Section 

2 101(a)(15)(H)(ii) is amended by striking ‘‘, or (b) having 

3 a residence in a foreign country which he has no intention 

4 of abandoning who is coming temporarily to the United 

5 States to perform other temporary service or labor if un6 employed persons capable of performing such service or 

7 labor cannot be found in this country, but this clause shall 

8 not apply to graduates of medical schools coming to the 

9 United States to perform services as members of the med10 ical profession’’. 

11 (c) TECHNICAL AMENDMENTS.—Section 101(a)(15) 

12 of the Immigration and Nationality Act (8 U.S.C. 

13 1101(a)(15)) is amended— 

14 (1) in subparagraph (U)(iii), by striking ‘‘or’’ 

15 at the end; and 

16 (2) in subparagraph (V)(ii)(II), by striking the 

17 period at the end and inserting a semicolon and 

18 ‘‘or’’. 

19 SEC. 502. TEMPORARY WORKER PROGRAM. 

20 (a) IN GENERAL.—The Immigration and Nationality 

21 Act (8 U.S.C. 1101 et seq.) is amended by inserting after 

22 section 218 the following new section: 

23 ‘‘SEC. 218A. TEMPORARY WORKER PROGRAM. 

24 ‘‘(a) IN GENERAL.—The Secretary of State may 

25 grant a temporary visa to a nonimmigrant described in 
76 

•S 1438 IS

1 section 101(a)(15)(W) who demonstrates an intent to per2 form labor or services in the United States (other than 

3 those occupational classifications covered under the provi4 sions of clause (i)(b) or (ii)(a) of section 101(a)(15)(H) 

5 or subparagraph (L), (O), (P), or (R)) of section 

6 101(a)(15)). 

7 ‘‘(b) REQUIREMENTS FOR ADMISSION.—In order to 

8 be eligible for nonimmigrant status under section 

9 101(a)(15)(H)(W), an alien shall meet the following re10 quirements: 

11 ‘‘(1) ELIGIBILITY TO WORK.—The alien shall 

12 establish that the alien is capable of performing the 

13 labor or services required for an occupation under 

14 section 101(a)(15)(W). 

15 ‘‘(2) EVIDENCE OFEMPLOYMENT.—The alien 

16 must establish that he has a job offer from an em17 ployer authorized to hire aliens under the Alien Em18 ployment Management Program. 

19 ‘‘(3) FEE.—The alien shall pay a $500 visa 

20 issuance fee in addition to the cost of processing and 

21 adjudicating such application. Nothing in this para22 graph shall be construed to affect consular proce23 dures for charging reciprocal fees. 

24 ‘‘(4) MEDICAL EXAMINATION.—The alien shall 

25 undergo a medical examination (including a deter-
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•S 1438 IS

1 mination of immunization status) at the alien’s ex2 pense, that conforms to generally accepted standards 

3 of medical practice. 

4 ‘‘(5) APPLICATION CONTENT AND WAIVER.— 

5 ‘‘(A) APPLICATION FORM.—The Secretary 

6 of Homeland Security shall create an applica7 tion form that an alien shall be required to 

8 complete as a condition of being admitted as a 

9 nonimmigrant under section 101(a)(15)(W). 

10 ‘‘(B) CONTENT.—In addition to any other 

11 information that the Secretary determines is re12 quired to determine an alien’s eligibility for ad13 mission as a nonimmigrant under section 

14 101(a)(15)(W), the Secretary shall require an 

15 alien to provide information concerning the 

16 alien’s physical and mental health, criminal his17 tory and gang membership, immigration his18 tory, involvement with groups or individuals 

19 that have engaged in terrorism, genocide, perse20 cution, or who seek the overthrow of the United 

21 States Government, voter registration history, 

22 claims to United States citizenship, and tax his23 tory. 

24 ‘‘(C) WAIVER.—The Secretary of Home25 land Security may require an alien to include 
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1 with the application a waiver of rights that ex2 plains to the alien that, in exchange for the dis3 cretionary benefit of admission as a non4 immigrant under section 101(a)(15)(W), the 

5 alien agrees to waive any right— 

6 ‘‘(i) to administrative or judicial re7 view or appeal of an immigration officer’s 

8 determination as to the alien’s admissi9 bility; or 

10 ‘‘(ii) to contest any removal action, 

11 other than on the basis of an application 

12 for asylum pursuant to the provisions con13 tained in section 208 or 241(b)(3), or 

14 under the Convention Against Torture and 

15 Other Cruel, Inhuman or Degrading Treat16 ment or Punishment, done at New York 

17 December 10, 1984, if such removal action 

18 is initiated after the termination of the 

19 alien’s period of authorized admission as a 

20 nonimmigrant under section 

21 101(a)(15)(W). 

22 ‘‘(D) KNOWLEDGE.—The Secretary of 

23 Homeland Security shall require an alien to in24 clude with the application a signed certification 

25 in which the alien certifies that the alien has 
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•S 1438 IS

1 read and understood all of the questions and 

2 statements on the application form, and that 

3 the alien certifies under penalty of perjury 

4 under the laws of the United States that the 

5 application, and any evidence submitted with it, 

6 are all true and correct, and that the applicant 

7 authorizes the release of any information con8 tained in the application and any attached evi9 dence for law enforcement purposes. 

10 ‘‘(c) GROUNDS OF INADMISSIBILITY.— 

11 ‘‘(1) IN GENERAL.—In determining an alien’s 

12 admissibility as a nonimmigrant under section 

13 101(a)(15)(W)— 

14 ‘‘(A) paragraphs (5), (6)(A), (7), and 

15 (9)(B) or (C) of section 212(a) may be waived 

16 for conduct that occurred on a date prior to the 

17 effective date of this Act; and 

18 ‘‘(B) the Secretary of Homeland Security 

19 may not waive— 

20 ‘‘(i) subparagraph (A), (B), (C), (E), 

21 (G), (H), or (I) of section 212(a)(2) (relat22 ing to criminals); 

23 ‘‘(ii) section 212(a)(3) (relating to se24 curity and related grounds); or 
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•S 1438 IS

1 ‘‘(iii) subparagraphs (A), (C) or (D) 

2 of section 212(a)(10) (relating to polyg3 amists, child abductors and illegal voters); 

4 ‘‘(C) for conduct that occurred prior to the 

5 date this Act was introduced in Congress, the 

6 Secretary of Homeland Security may waive the 

7 application of any provision of section 212(a) 

8 not listed in subparagraph (B) on behalf of an 

9 individual alien for humanitarian purposes, to 

10 ensure family unity, or when such waiver is oth11 erwise in the public interest; and 

12 ‘‘(D) nothing in this paragraph shall be 

13 construed as affecting the authority of the Sec14 retary of Homeland Security to waive the provi15 sions of section 212(a). 

16 ‘‘(2) WAIVER FEE.—An alien who is granted a 

17 waiver under subparagraph (1) shall pay a $500 fee 

18 upon approval of the alien’s visa application. 

19 ‘‘(3) RENEWAL OFAUTHORIZED ADMISSION

20 AND SUBSEQUENT ADMISSIONS.—An alien seeking 

21 renewal of authorized admission or subsequent ad22 mission as a nonimmigrant under section 

23 101(a)(15)(W) shall establish that the alien is not 

24 inadmissible under section 212(a). 
81 

•S 1438 IS

1 ‘‘(d) BACKGROUND CHECKS AND INTERVIEW.—The 

2 Secretary of Homeland Security shall not admit, and the 

3 Secretary of State shall not issue a visa to, an alien seek4 ing admission under section 101(a)(15)(W) until all ap5 propriate background checks have been completed. The 

6 Secretary of State shall ensure that an employee of the 

7 Department of State conducts a personal interview of an 

8 applicant for a visa under section 101(a)(15)(W). 

9 ‘‘(e) INELIGIBLE TO CHANGE NONIMMIGRANT CLAS10 SIFICATION.—An alien admitted under section 

11 101(a)(15)(W) is ineligible to change status under section 

12 248. 

13 ‘‘(f) DURATION.— 

14 ‘‘(1) GENERAL.—The period of authorized ad15 mission as a nonimmigrant under 101(a)(15)(W) 

16 shall be 2 years, and may not be extended. An alien 

17 is ineligible to reenter as an alien under 

18 101(a)(15)(W) until the alien has resided continu19 ously in the alien’s home country for a period of 1 

20 year. The total period of admission as a non21 immigrant under section 101(a)(15)(W) may not ex22 ceed 6 years. 

23 ‘‘(2) SEASONAL WORKERS.—An alien who 

24 spends less than 6 months a year as a nonimmigrant 
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•S 1438 IS

1 described in section 101(a)(15)(W) is not subject to 

2 the time limitations under subparagraph (1). 

3 ‘‘(3) COMMUTERS.—An alien who resides out4 side the United States, but who commutes to the 

5 United States to work as a nonimmigrant described 

6 in section 101(a)(15)(W), is not subject to the time 

7 limitations under paragraph (1). 

8 ‘‘(4) DEFERRED MANDATORY DEPARTURE.—An 

9 alien granted Deferred Mandatory Departure status, 

10 who remains in the United States under such status 

11 for— 

12 ‘‘(A) a period of 2 years, may not be 

13 granted status as a nonimmigrant under section 

14 101(a)(15)(W) for more than a total of 5 years; 

15 ‘‘(B) a period of 3 years, may not be 

16 granted status as a nonimmigrant under section 

17 101(a)(15)(W) for more than a total of 4 years; 

18 ‘‘(C) a period of 4 years, may not be 

19 granted status as a nonimmigrant under section 

20 101(a)(15)(W) for more than a total of 3 years; 

21 or 

22 ‘‘(D) a period of 5 years, may not be 

23 granted status as a nonimmigrant under section 

24 101(a)(15)(W) for more than a total of 2 years. 
83 

•S 1438 IS

1 ‘‘(g) INTENT TO RETURN HOME.—In addition to 

2 other requirements in this section, an alien is not eligible 

3 for nonimmigrant status under section 101(a)(15)(W) un4 less the alien— 

5 ‘‘(1) maintains a residence in a foreign country 

6 which the alien has no intention of abandoning; and 

7 ‘‘(2) is present in such foreign country for at 

8 least 7 consecutive days during each year that the 

9 alien is a temporary worker. 

10 ‘‘(h) BIOMETRIC DOCUMENTATION.—Evidence of 

11 status under section 101(a)(15)(W) shall be machine12 readable, tamper-resistant, and allow for biometric au13 thentication. The Secretary of Homeland Security is au14 thorized to incorporate integrated-circuit technology into 

15 the document. The Secretary of Homeland Security shall 

16 consult with the Forensic Document Laboratory in design17 ing the document. The document may serve as a travel, 

18 entry, and work authorization document during the period 

19 of its validity. 

20 ‘‘(i) PENALTY FOR FAILURE TO DEPART.—An alien 

21 who fails to depart the United States prior to 10 days 

22 after the date that the alien’s authorized period of admis23 sion as a temporary worker ends is not eligible and may 

24 not apply for or receive any immigration relief or benefit 

25 under this Act or any other law, with the exception of sec-
84 

•S 1438 IS

1 tion 208 or 241(b)(3) or the Convention Against Torture 

2 and Other Cruel, Inhuman or Degrading Treatment or 

3 Punishment, done at New York December 10, 1984, in 

4 the case of an alien who indicates either an intention to 

5 apply for asylum under section 208 or a fear of persecu6 tion or torture. 

7 ‘‘(j) PENALTY FOR ILLEGAL ENTRY OR OVERSTAY.— 

8 An alien who, after the effective date of enactment of the 

9 Comprehensive Enforcement and Immigration Reform Act 

10 of 2005, enters the United States without inspection, or 

11 violates a term or condition of admission into the United 

12 States as a nonimmigrant, including overstaying the pe13 riod of authorized admission, shall be ineligible for non14 immigrant status under section 101(a)(15)(W) or De15 ferred Mandatory Departure status under section 218B 

16 for a period of 10 years. 

17 ‘‘(k) ESTABLISHMENT OF TEMPORARY WORKER

18 TASK FORCE.— 

19 ‘‘(1) IN GENERAL.—There is established a task 

20 force to be known as the Temporary Worker Task 

21 Force (referred to in this section as the ‘Task 

22 Force’). 

23 ‘‘(2) PURPOSES.—The purposes of the Task 

24 Force are— 
85 

•S 1438 IS

1 ‘‘(A) to study the impact of the admission 

2 of aliens under section 101(a)(15)(W) on the 

3 wages, working conditions, and employment of 

4 United States workers; and 

5 ‘‘(B) to make recommendations to the Sec6 retary of Labor regarding the need for an an7 nual numerical limitation on the number of 

8 aliens that may be admitted in any fiscal year 

9 under section 101(a)(15)(W). 

10 ‘‘(3) MEMBERSHIP.—The Task Force shall be 

11 composed of 10 members, of whom— 

12 ‘‘(A) 1 shall be appointed by the President 

13 and shall serve as chairman of the Task Force; 

14 ‘‘(B) 1 shall be appointed by the leader of 

15 the minority party in the Senate, in consulta16 tion with the leader of the minority party in the 

17 House of Representatives, and shall serve as 

18 vice chairman of the Task Force; 

19 ‘‘(C) 2 shall be appointed by the majority 

20 leader of the Senate; 

21 ‘‘(D) 2 shall be appointed by the minority 

22 leader of the Senate; 

23 ‘‘(E) 2 shall be appointed by the Speaker 

24 of the House of Representatives; and 
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•S 1438 IS

1 ‘‘(F) 2 shall be appointed by the minority 

2 leader of the House of Representatives. 

3 ‘‘(4) QUALIFICATIONS.— 

4 ‘‘(A) IN GENERAL.—Members of the Task 

5 Force shall be— 

6 ‘‘(i) individuals with expertise in eco7 nomics, demography, labor, business, or 

8 immigration or other pertinent qualifica9 tions or experience; and 

10 ‘‘(ii) representative of a broad cross11 section of perspectives within the United 

12 States, including the public and private 

13 sectors and academia. 

14 ‘‘(B) POLITICAL AFFILIATION.—Not more 

15 than 5 members of the Task Force may be 

16 members of the same political party. 

17 ‘‘(C) NONGOVERNMENTAL APPOINTEES.— 

18 An individual appointed to the Task Force may 

19 not be an officer or employee of the Federal 

20 Government or of any State or local govern21 ment. 

22 ‘‘(5) DEADLINE FOR APPOINTMENT.—All mem23 bers of the Task Force shall be appointed not later 

24 than 6 months after the date of enactment of the 
87 

•S 1438 IS

1 Comprehensive Enforcement and Immigration Re2 form Act of 2005. 

3 ‘‘(6) VACANCIES.—Any vacancy in the Task 

4 Force shall not affect its powers, but shall be filled 

5 in the same manner in which the original appoint6 ment was made. 

7 ‘‘(7) MEETINGS.— 

8 ‘‘(A) INITIAL MEETING.—The Task Force 

9 shall meet and begin the operations of the Task 

10 Force as soon as practicable. 

11 ‘‘(B) SUBSEQUENT MEETINGS.—After its 

12 initial meeting, the Task Force shall meet upon 

13 the call of the chairman or a majority of its 

14 members. 

15 ‘‘(8) QUORUM.—Six members of the Task 

16 Force shall constitute a quorum. 

17 ‘‘(9) REPORT.—Not later than 18 months after 

18 the date of enactment of the Comprehensive En19 forcement and Immigration Reform Act of 2005, the 

20 Task Force shall submit to Congress, the Secretary 

21 of Labor, and the Secretary of Homeland Security 

22 a report that contains— 

23 ‘‘(A) findings with respect to the duties of 

24 the Task Force; 
88 

•S 1438 IS

1 ‘‘(B) recommendations for imposing a nu2 merical limit. 

3 ‘‘(10) DETERMINATION.—Not later than 6 

4 months after the submission of the report, the Sec5 retary of Labor may impose a numerical limitation 

6 on the number of aliens that may be admitted under 

7 section 101(a)(15)(W). Any numerical limit shall not 

8 become effective until 6 months after the Secretary 

9 of Labor submits a report to Congress regarding the 

10 imposition of a numerical limit. 

11 ‘‘(l) FAMILY MEMBERS.— 

12 ‘‘(1) FAMILY MEMBERS OFW NON13 IMMIGRANTS.— 

14 ‘‘(A) IN GENERAL.—The spouse or child of 

15 an alien admitted as a nonimmigrant under sec16 tion 101(a)(15)(W) may be admitted to the 

17 United States— 

18 ‘‘(i) as a nonimmigrant under section 

19 101(a)(15)(B) for a period of not more 

20 than 30 days, which may not be extended 

21 unless the Secretary of Homeland Security, 

22 in his sole and unreviewable discretion, de23 termines that exceptional circumstances 

24 exist; or 
89 

•S 1438 IS

1 ‘‘(ii) under any other provision of this 

2 Act, if such family member is otherwise eli3 gible for such admission. 

4 ‘‘(B) APPLICATION FEE.— 

5 ‘‘(i) IN GENERAL.—The spouse or 

6 child of an alien admitted as a non7 immigrant under section 101(a)(15)(W) 

8 who is seeking to be admitted as a non9 immigrant under section 101(a)(15)(B) 

10 shall submit, in addition to any other fee 

11 authorized by law, an additional fee of 

12 $100. 

13 ‘‘(ii) USE OFFEE.—The fees collected 

14 under clause (i) shall be available for use 

15 by the Secretary of Homeland Security for 

16 activities to identify, locate, or remove ille17 gal aliens. 

18 ‘‘(m) TRAVEL OUTSIDE THE UNITED STATES.— 

19 ‘‘(1) IN GENERAL.—Under regulations estab20 lished by the Secretary of Homeland Security, a 

21 nonimmigrant alien under section 101(a)(15)(W)— 

22 ‘‘(A) may travel outside of the United 

23 States; and 
90 

•S 1438 IS

1 ‘‘(B) may be readmitted without having to 

2 obtain a new visa if the period of authorized ad3 mission has not expired. 

4 ‘‘(2) EFFECT ON PERIOD OF AUTHORIZED AD5 MISSION.—Time spent outside the United States 

6 under paragraph (1) shall not extend the period of 

7 authorized admission in the United States. 

8 ‘‘(n) EMPLOYMENT.— 

9 ‘‘(1) PORTABILITY.—An alien may be employed 

10 by any United States employer authorized by the 

11 Secretary of Homeland Security to hire aliens admit12 ted under section 218C. 

13 ‘‘(2) CONTINUOUS EMPLOYMENT.—An alien 

14 must be employed while in the United States. An 

15 alien who fails to be employed for 30 days is ineli16 gible for hire until the alien departs the United 

17 States and reenters as a nonimmigrant under sec18 tion 101(a)(15)(W). The Secretary of Homeland Se19 curity may, in its sole and unreviewable discretion, 

20 reauthorize an alien for employment, without requir21 ing the alien’s departure from the United States. 

22 ‘‘(o) ENUMERATION OF SOCIAL SECURITY NUM23 BER.—The Secretary of Homeland Security, in coordina24 tion with the Commissioner of Social Security, shall imple25 ment a system to allow for the enumeration of a Social 
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•S 1438 IS

1 Security number and production of a Social Security card 

2 at time of admission of an alien under section 

3 101(a)(15)(W). 

4 ‘‘(p) DENIAL OF DISCRETIONARY RELIEF.—The de5 termination of whether an alien is eligible for a grant of 

6 nonimmigrant status under section 101(a)(15)(W) is sole7 ly within the discretion of the Secretary of Homeland Se8 curity. Notwithstanding any other provision of law, no 

9 court shall have jurisdiction to review— 

10 ‘‘(1) any judgment regarding the granting of 

11 relief under this section; or 

12 ‘‘(2) any other decision or action of the Sec13 retary of Homeland Security the authority for which 

14 is specified under this section to be in the discretion 

15 of the Secretary, other than the granting of relief 

16 under section 1158(a). 

17 ‘‘(q) JUDICIAL REVIEW.— 

18 ‘‘(1) LIMITATIONS ON RELIEF.—Without regard 

19 to the nature of the action or claim and without re20 gard to the identity of the party or parties bringing 

21 the action, no court may— 

22 ‘‘(A) enter declaratory, injunctive, or other 

23 equitable relief in any action pertaining to— 

24 ‘‘(i) an order or notice denying an 

25 alien a grant of nonimmigrant status 
92 

•S 1438 IS

1 under section 101(a)(15)(W) or any other 

2 benefit arising from such status; or 

3 ‘‘(ii) an order of removal, exclusion, or 

4 deportation entered against an alien if 

5 such order is entered after the termination 

6 of the alien’s period of authorized admis7 sion as a nonimmigrant under section 

8 101(a)(15)(W); or 

9 ‘‘(B) certify a class under Rule 23 of the 

10 Federal Rules of Civil Procedure in any action 

11 for which judicial review is authorized under a 

12 subsequent paragraph of this subsection. 

13 ‘‘(2) CHALLENGES TO VALIDITY.— 

14 ‘‘(A) IN GENERAL.—Any right or benefit 

15 not otherwise waived or limited pursuant this 

16 section is available in an action instituted in the 

17 United States District Court for the District of 

18 Columbia, but shall be limited to determina19 tions of— 

20 ‘‘(i) whether such section, or any reg21 ulation issued to implement such section, 

22 violates the Constitution of the United 

23 States; or 

24 ‘‘(ii) whether such a regulation, or a 

25 written policy directive, written policy 
93 

•S 1438 IS

1 guideline, or written procedure issued by 

2 or under the authority the Secretary of 

3 Homeland Security to implement such sec4 tion, is not consistent with applicable pro5 visions of this section or is otherwise in 

6 violation of law.’’. 

7 (b) PROHIBITION ON CHANGE IN NONIMMIGRANT

8 CLASSIFICATION.—Section 248(1) of the Immigration and 

9 Nationality Act (8 U.S.C. 1258(1)) is amended by striking 

10 ‘‘or (S)’’ and inserting ‘‘(S), or (W)’’. 

11 SEC. 503. STATUTORY CONSTRUCTION. 

12 Nothing in this title, or any amendment made by this 

13 title, shall be construed to create any substantive or proce14 dural right or benefit that is legally enforceable by any 

15 party against the United States or its agencies or officers 

16 or any other person. 

17 SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated 

19 $500,000,000 for facilities, personnel (including consular 

20 officers), training, technology and processing necessary to 

21 carry out the amendments made by this title. 
94 

•S 1438 IS

1 TITLE VI—MANDATORY DEPAR2 TURE AND REENTRY IN 

3 LEGAL STATUS 

4 SEC. 601. MANDATORY DEPARTURE AND REENTRY IN 

5 LEGAL STATUS. 

6 (a) IN GENERAL.—The Immigration and Nationality 

7 Act (8 U.S.C. 1101 et seq.) is amended by inserting after 

8 section 218A, as added by section 502, the following new 

9 section: 

10 ‘‘SEC. 218B. MANDATORY DEPARTURE AND REENTRY. 

11 ‘‘(a) IN GENERAL.—The Secretary of Homeland Se12 curity may grant Deferred Mandatory Departure status 

13 to aliens who are in the United States illegally to allow 

14 such aliens time to depart the United States and to seek 

15 admission as a nonimmigrant or immigrant alien. 

16 ‘‘(b) REQUIREMENTS.— 

17 ‘‘(1) PRESENCE.—An alien must establish that 

18 the alien was physically present in the United States 

19 1 year prior to the date of the introduction of the 

20 Comprehensive Enforcement and Immigration Re21 form Act of 2005 in Congress and has been continu22 ously in the United States since such date, and was 

23 not legally present in the United States under any 

24 classification set forth in section 101(a)(15) on that 

25 date. 
95 

•S 1438 IS

1 ‘‘(2) EMPLOYMENT.—An alien must establish 

2 that the alien was employed in the United States 

3 prior to the date of the introduction of the Com4 prehensive Enforcement and Immigration Reform 

5 Act of 2005, and has been employed in the United 

6 States since that date. 

7 ‘‘(3) ADMISSIBILITY.— 

8 ‘‘(A) IN GENERAL.—The alien must estab9 lish that he— 

10 ‘‘(i) is admissible to the united states, 

11 except as provided as in (B); and 

12 ‘‘(ii) has not assisted in the persecu13 tion of any person or persons on account 

14 of race, religion, nationality, membership 

15 in a particular social group, or political 

16 opinion. 

17 ‘‘(B) GROUNDS NOT APPLICABLE.—The 

18 provisions of paragraphs (5), (6)(A), and (7) of 

19 section 212(a) shall not apply. 

20 ‘‘(C) WAIVER.—The Secretary of Home21 land Security may waive any other provision of 

22 section 212(a), or a ground of ineligibility 

23 under paragraph (4), in the case of individual 

24 aliens for humanitarian purposes, to assure 
96 

•S 1438 IS

1 family unity, or when it is otherwise in the pub2 lic interest. 

3 ‘‘(4) INELIGIBLE.—An alien is ineligible for De4 ferred Mandatory Departure status if the alien— 

5 ‘‘(A) is subject to a final order or removal 

6 under section 240; 

7 ‘‘(B) failed to depart the United States 

8 during the period of a voluntary departure 

9 order under section 240B; 

10 ‘‘(C) has been issued a Notice to Appear 

11 under section 239, unless the sole acts of con12 duct alleged to be in violation of the law are 

13 that the alien is removable under section 

14 237(a)(1)(C) or is inadmissible under section 

15 212(a)(6)(A); 

16 ‘‘(D) is a resident of a country for which 

17 the Secretary of State has made a determina18 tion that the government of such country has 

19 repeatedly provided support for acts of inter20 national terrorism under section 6(j) of the Ex21 port Administration Act of 1979 (50 U.S.C. 

22 App. 2405(j)) or under section 620A of the 

23 Foreign Assistance Act of 1961 (22 U.S.C. 

24 2371); or 
97 

•S 1438 IS

1 ‘‘(E) fails to comply with any request for 

2 information by the Secretary of Homeland Se3 curity. 

4 ‘‘(5) MEDICAL EXAMINATION.—The alien may 

5 be required, at the alien’s expense, to undergo such 

6 a medical examination (including a determination of 

7 immunization status) as is appropriate and conforms 

8 to generally accepted professional standards of med9 ical practice. 

10 ‘‘(6) TERMINATION.—The Secretary of Home11 land Security may terminate an alien’s Deferred 

12 Mandatory Departure status— 

13 ‘‘(A) if the Secretary of Homeland Secu14 rity determines that the alien was not in fact el15 igible for such status; or 

16 ‘‘(B) if the alien commits an act that 

17 makes the alien removable from the United 

18 States. 

19 ‘‘(7) APPLICATION CONTENT AND WAIVER.— 

20 ‘‘(A) APPLICATION FORM.—The Secretary 

21 of Homeland Security shall create an applica22 tion form that an alien shall be required to 

23 complete as a condition of obtaining Deferred 

24 Mandatory Departure status. 
98 

•S 1438 IS

1 ‘‘(B) CONTENT.—In addition to any other 

2 information that the Secretary determines is re3 quired to determine an alien’s eligibility for De4 ferred Mandatory Departure, the Secretary 

5 shall require an alien to answer questions con6 cerning the alien’s physical and mental health, 

7 criminal history and gang membership, immi8 gration history, involvement with groups or in9 dividuals that have engaged in terrorism, geno10 cide, persecution, or who seek the overthrow of 

11 the United States government, voter registra12 tion history, claims to United States citizenship, 

13 and tax history. 

14 ‘‘(C) WAIVER.—The Secretary of Home15 land Security shall require an alien to include 

16 with the application a waiver of rights that ex17 plains to the alien that, in exchange for the dis18 cretionary benefit of obtaining Deferred Manda19 tory Departure status, the alien agrees to waive 

20 any right to administrative or judicial review or 

21 appeal of an immigration officer’s determina22 tion as to the alien’s eligibility, or to contest 

23 any removal action, other than on the basis of 

24 an application for asylum pursuant to the provi25 sions contained in section 208 or 241(b)(3), or 
99 

•S 1438 IS

1 under the Convention Against Torture and 

2 Other Cruel, Inhuman or Degrading Treatment 

3 or Punishment, done at New York December 

4 10, 1984. 

5 ‘‘(D) KNOWLEDGE.—The Secretary of 

6 Homeland Security shall require an alien to in7 clude with the application a signed certification 

8 in which the alien certifies that the alien has 

9 read and understood all of the questions and 

10 statements on the application form, and that 

11 the alien certifies under penalty of perjury 

12 under the laws of the United States that the 

13 application, and any evidence submitted with it, 

14 are all true and correct, and that the applicant 

15 authorizes the release of any information con16 tained in the application and any attached evi17 dence for law enforcement purposes. 

18 ‘‘(c) IMPLEMENTATION AND APPLICATION TIME PE19 RIODS.— 

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

21 Security shall ensure that the application process is 

22 secure and incorporates anti-fraud protection. The 

23 Secretary of Homeland Security shall interview an 

24 alien to determine eligibility for Deferred Mandatory 
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1 Departure status and shall utilize biometric authen2 tication at time of document issuance. 

3 ‘‘(2) INITIAL RECEIPT OFAPPLICATIONS.—The 

4 Secretary of Homeland Security shall begin accept5 ing applications for Deferred Mandatory Departure 

6 status not later than 3 months after the date of en7 actment of the Comprehensive Enforcement and Im8 migration Reform Act of 2005. 

9 ‘‘(3) APPLICATION.—An alien must submit an 

10 initial application for Deferred Mandatory Depar11 ture status not later than 6 months after the date 

12 of enactment of the Comprehensive Enforcement 

13 and Immigration Reform Act of 2005. An alien that 

14 fails to comply with this requirement is ineligible for 

15 Deferred Mandatory Departure status. 

16 ‘‘(4) COMPLETION OFPROCESSING.—The Sec17 retary of Homeland Security shall ensure that all 

18 applications for Deferred Mandatory Departure sta19 tus are processed not later than 12 months after the 

20 date of enactment of the Comprehensive Enforce21 ment and Immigration Reform Act of 2005. 

22 ‘‘(d) SECURITY AND LAW ENFORCEMENT BACK23 GROUND CHECKS.—An alien may not be granted Deferred 

24 Mandatory Departure status unless the alien submits bio25 metric data in accordance with procedures established by 
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1 the Secretary of Homeland Security. The Secretary of 

2 Homeland Security may not grant Deferred Mandatory 

3 Departure status until all appropriate background checks 

4 are completed to the satisfaction of the Secretary of 

5 Homeland Security. 

6 ‘‘(e) ACKNOWLEDGMENT.—An alien who applies for 

7 Deferred Mandatory Departure status shall submit to the 

8 Secretary of Homeland Security— 

9 ‘‘(1) an acknowledgment made in writing and 

10 under oath that the alien— 

11 ‘‘(A) is unlawfully present in the United 

12 States and subject to removal or deportation, as 

13 appropriate, under this Act; and 

14 ‘‘(B) understands the terms of the terms 

15 of Deferred Mandatory Departure; 

16 ‘‘(2) any Social Security account number or 

17 card in the possession of the alien or relied upon by 

18 the alien; 

19 ‘‘(3) any false or fraudulent documents in the 

20 alien’s possession. 

21 ‘‘(f) MANDATORY DEPARTURE.— 

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

23 Security may, in the Secretary’s sole and 

24 unreviewable discretion, grant an alien Deferred 
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1 Mandatory Departure status for a period not to ex2 ceed 5 years. 

3 ‘‘(2) REGISTRATION AT TIME OFDEPAR4 TURE.—An alien granted Deferred Mandatory De5 parture must depart prior to the expiration of the 

6 period of Deferred Mandatory Departure status. The 

7 alien must register with the Secretary of Homeland 

8 Security at time of departure and surrender any evi9 dence of Deferred Mandatory Departure status at 

10 time of departure. 

11 ‘‘(3) RETURN IN LEGAL STATUS.—An alien who 

12 complies with the terms of Deferred Mandatory De13 parture status and who departs prior to the expira14 tion of such status shall not be subject to section 

15 212(a)(9)(B) and, if otherwise eligible, may imme16 diately seek admission as a nonimmigrant or immi17 grant. 

18 ‘‘(4) FAILURE TO DEPART.—An alien who fails 

19 to depart the United States prior to the expiration 

20 of Mandatory Deferred Departure status is not eligi21 ble and may not apply for or receive any immigra22 tion relief or benefit under this Act or any other law 

23 for a period of 10 years, with the exception of sec24 tion 208 or 241(b)(3) or the Convention Against 

25 Torture and Other Cruel, Inhuman or Degrading 
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1 Treatment or Punishment, done at New York De2 cember 10, 1984, in the case of an alien who indi3 cates either an intention to apply for asylum under 

4 section 208 or a fear of persecution or torture. 

5 ‘‘(5) PENALTIES FOR DELAYED DEPARTURE.— 

6 An alien who fails to depart immediately shall be 

7 subject to the following fees: 

8 ‘‘(A) No fine if the alien departs within the 

9 first year after the grant of Deferred Manda10 tory Departure. 

11 ‘‘(B) $2,000 if the alien does not depart 

12 within the second year after the grant of De13 ferred Mandatory Departure. 

14 ‘‘(C) $3,000 if the alien does not depart 

15 within the third year following the grant of De16 ferred Mandatory Departure. 

17 ‘‘(D) $4,000 if the alien does not depart 

18 within the fourth year following the grant of 

19 Deferred Mandatory Departure. 

20 ‘‘(E) $5,000 if the alien does not depart 

21 during the fifth year following the grant of De22 ferred Mandatory Departure. 

23 ‘‘(g) EVIDENCE OF DEFERRED MANDATORY DEPAR24 TURE STATUS.—Evidence of Deferred Mandatory Depar25 ture status shall be machine-readable, tamper-resistant, 
104 

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1 and allow for biometric authentication. The Secretary of 

2 Homeland Security is authorized to incorporate inte3 grated-circuit technology into the document. The Sec4 retary of Homeland Security shall consult with the Foren5 sic Document Laboratory in designing the document. The 

6 document may serve as a travel, entry, and work author7 ization document during the period of its validity. The 

8 document may be accepted by an employer as evidence of 

9 employment authorization and identity under section 

10 274A(b)(1)(B). 

11 ‘‘(h) TERMS OF STATUS.— 

12 ‘‘(1) REPORTING.—During the period of De13 ferred Mandatory Departure, an alien shall comply 

14 with all registration requirements under section 264. 

15 ‘‘(2) TRAVEL.— 

16 ‘‘(A) An alien granted Deferred Mandatory 

17 Departure is not subject to section 212(a)(9) 

18 for any unlawful presence that occurred prior to 

19 the Secretary of Homeland Security granting 

20 the alien Deferred Mandatory Departure status. 

21 ‘‘(B) Under regulations established by the 

22 Secretary of Homeland Security, an alien grant23 ed Deferred Mandatory Departure— 

24 ‘‘(i) may travel outside of the United 

25 States and may be readmitted if the period 
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1 of Deferred Mandatory Departure status 

2 has not expired; and 

3 ‘‘(ii) must establish at the time of ap4 plication for admission that the alien is ad5 missible under section 212. 

6 ‘‘(C) EFFECT ON PERIOD OF AUTHORIZED

7 ADMISSION.—Time spent outside the United 

8 States under subparagraph (B) shall not extend 

9 the period of Deferred Mandatory Departure 

10 status. 

11 ‘‘(3) BENEFITS.—During the period in which 

12 an alien is granted Deferred Mandatory Departure 

13 under this section— 

14 ‘‘(A) the alien shall not be considered to be 

15 permanently residing in the United States 

16 under the color of law and shall be treated as 

17 a nonimmigrant admitted under section 214; 

18 and 

19 ‘‘(B) the alien may be deemed ineligible for 

20 public assistance by a State (as defined in sec21 tion 101(a)(36)) or any political subdivision 

22 thereof which furnishes such assistance. 

23 ‘‘(i) PROHIBITION ON CHANGE OF STATUS OR AD24 JUSTMENT OF STATUS.—An alien granted Deferred Man25 datory Departure status is prohibited from applying to 
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1 change status under section 248 or, unless otherwise eligi2 ble under section 245(i), from applying for adjustment of 

3 status to that of a permanent resident under section 245. 

4 ‘‘(j) APPLICATION FEE.— 

5 ‘‘(1) IN GENERAL.—An alien seeking a grant of 

6 Deferred Mandatory Departure status shall submit, 

7 in addition to any other fees authorized by law, an 

8 application fee of $1,000. 

9 ‘‘(2) USE OFFEE.—The fees collected under 

10 paragraph (1) shall be available for use by the Sec11 retary of Homeland Security for activities to iden12 tify, locate, or remove illegal aliens. 

13 ‘‘(k) FAMILY MEMBERS.— 

14 ‘‘(1) FAMILY MEMBERS.— 

15 ‘‘(A) IN GENERAL.—The spouse or child of 

16 an alien granted Deferred Mandatory Depar17 ture status is subject to the same terms and 

18 conditions as the principal alien, but is not au19 thorized to work in the United States. 

20 ‘‘(B) APPLICATION FEE.— 

21 ‘‘(i) IN GENERAL.—The spouse or 

22 child of an alien seeking Deferred Manda23 tory Departure shall submit, in addition to 

24 any other fee authorized by law, an addi25 tional fee of $500. 
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1 ‘‘(ii) USE OFFEE.—The fees collected 

2 under clause (i) shall be available for use 

3 by the Secretary of Homeland Security for 

4 activities to identify, locate, or remove 

5 aliens who are removable under section 

6 237. 

7 ‘‘(l) EMPLOYMENT.— 

8 ‘‘(1) IN GENERAL.—An alien may be employed 

9 by any United States employer authorized by the 

10 Secretary of Homeland Security to hire aliens under 

11 section 218C. 

12 ‘‘(2) CONTINUOUS EMPLOYMENT.—An alien 

13 must be employed while in the United States. An 

14 alien who fails to be employed for 30 days is ineli15 gible for hire until the alien has departed the United 

16 States and reentered. The Secretary of Homeland 

17 Security may, in the Secretary’s sole and 

18 unreviewable discretion, reauthorize an alien for em19 ployment without requiring the alien’s departure 

20 from the United States. 

21 ‘‘(m) ENUMERATION OF SOCIAL SECURITY NUM22 BER.—The Secretary of Homeland Security, in coordina23 tion with the Commissioner of the Social Security System, 

24 shall implement a system to allow for the enumeration of 

25 a Social Security number and production of a Social Secu-
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1 rity card at the time the Secretary of Homeland Security 

2 grants an alien Deferred Mandatory Departure status. 

3 ‘‘(n) PENALTIES FOR FALSE STATEMENTS IN APPLI4 CATION FOR DEFERRED MANDATORY DEPARTURE.— 

5 ‘‘(1) CRIMINAL PENALTY.— 

6 ‘‘(A) VIOLATION.—It shall be unlawful for 

7 any person— 

8 ‘‘(i) to file or assist in filing an appli9 cation for adjustment of status under this 

10 section and knowingly and willfully falsify, 

11 misrepresent, conceal, or cover up a mate12 rial fact or make any false, fictitious, or 

13 fraudulent statements or representations, 

14 or make or use any false writing or docu15 ment knowing the same to contain any 

16 false, fictitious, or fraudulent statement or 

17 entry; or 

18 ‘‘(ii) to create or supply a false writ19 ing or document for use in making such an 

20 application. 

21 ‘‘(B) PENALTY.—Any person who violates 

22 subparagraph (A) shall be fined in accordance 

23 with title 18, United States Code, imprisoned 

24 not more than 5 years, or both. 
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1 ‘‘(2) INADMISSIBILITY.—An alien who is con2 victed of a crime under paragraph (1) shall be con3 sidered to be inadmissible to the United States on 

4 the ground described in section 212(a)(6)(C)(i). 

5 ‘‘(o) RELATION TO CANCELLATION OF REMOVAL.— 

6 With respect to an alien granted Deferred Mandatory De7 parture status under this section, the period of such status 

8 shall not be counted as a period of physical presence in 

9 the United States for purposes of section 240A(a), unless 

10 the Secretary of Homeland Security determines that ex11 treme hardship exists. 

12 ‘‘(p) WAIVER OF RIGHTS.—An alien is not eligible 

13 for Deferred Mandatory Departure status, unless the alien 

14 has waived any right to contest, other than on the basis 

15 of an application for asylum or protection under the Con16 vention Against Torture and Other Cruel, Inhuman or De17 grading Treatment or Punishment, done at New York De18 cember 10, 1984, any action for deportation or removal 

19 of the alien that is instituted against the alien subsequent 

20 to a grant of Deferred Mandatory Departure status. 

21 ‘‘(q) DENIAL OF DISCRETIONARY RELIEF.—The de22 termination of whether an alien is eligible for a grant of 

23 Deferred Mandatory Departure status is solely within the 

24 discretion of the Secretary of Homeland Security. Not-
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1 withstanding any other provision of law, no court shall 

2 have jurisdiction to review— 

3 ‘‘(1) any judgment regarding the granting of 

4 relief under this section; or 

5 ‘‘(2) any other decision or action of the Sec6 retary of Homeland Security the authority for which 

7 is specified under this section to be in the discretion 

8 of the Secretary, other than the granting of relief 

9 under section 1158(a). 

10 ‘‘(r) JUDICIAL REVIEW.— 

11 ‘‘(1) LIMITATIONS ON RELIEF.—Without regard 

12 to the nature of the action or claim and without re13 gard to the identity of the party or parties bringing 

14 the action, no court may— 

15 ‘‘(A) enter declaratory, injunctive, or other 

16 equitable relief in any action pertaining to— 

17 ‘‘(i) an order or notice denying an 

18 alien a grant of Deferred Mandatory De19 parture status or any other benefit arising 

20 from such status; or 

21 ‘‘(ii) an order of removal, exclusion, or 

22 deportation entered against an alien after 

23 a grant of Deferred Mandatory Departure 

24 status; or 
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1 ‘‘(B) certify a class under Rule 23 of the 

2 Federal Rules of Civil Procedure in any action 

3 for which judicial review is authorized under a 

4 subsequent paragraph of this subsection. 

5 ‘‘(2) CHALLENGES TO VALIDITY.— 

6 ‘‘(A) IN GENERAL.—Any right or benefit 

7 not otherwise waived or limited pursuant this 

8 section is available in an action instituted in the 

9 United States District Court for the District of 

10 Columbia, but shall be limited to determina11 tions of— 

12 ‘‘(i) whether such section, or any reg13 ulation issued to implement such section, 

14 violates the Constitution of the United 

15 States; or 

16 ‘‘(ii) whether such a regulation, or a 

17 written policy directive, written policy 

18 guideline, or written procedure issued by 

19 or under the authority the Secretary of 

20 Homeland Security to implement such sec21 tion, is not consistent with applicable pro22 visions of this section or is otherwise in 

23 violation of law.’’. 

24 (b) CONFORMING AMENDMENT.—Amend section 

25 237(a)(2)(A)(i)(II) of the Immigration and Nationality 
112 

•S 1438 IS

1 Act (8 U.S.C. 1227(a)(2)(A)(i)(II)) is amended by strik2 ing the period at the end and inserting ‘‘(or 6 months in 

3 the case of an alien granted Deferred Mandatory Depar4 ture status under section 218B),’’. 

5 SEC. 602. STATUTORY CONSTRUCTION. 

6 Nothing in this title, or any amendment made by this 

7 title, shall be construed to create any substantive or proce8 dural right or benefit that is legally enforceable by any 

9 party against the United States or its agencies or officers 

10 or any other person. 

11 SEC. 603. AUTHORIZATION OF APPROPRIATIONS. 

12 There is authorized to be appropriated 

13 $1,000,000,000 for facilities, personnel (including con14 sular officers), training, technology, and processing nec15 essary to carry out the amendments made by this title. 

16 TITLE VII—ALIEN EMPLOYMENT 

17 MANAGEMENT SYSTEM 

18 SEC. 701. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 

19 The Immigration and Nationality Act (8 U.S.C. 1101 

20 et seq.) is amended by inserting after section 218B, as 

21 added by section 601, the following new section: 

22 ‘‘SEC. 218C. ALIEN EMPLOYMENT MANAGEMENT SYSTEM. 

23 ‘‘(a) ESTABLISHMENT.— 

24 ‘‘(1) PURPOSE.—The Secretary of Homeland 

25 Security, in consultation with the Secretary of 
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•S 1438 IS

1 Labor, the Secretary of State, and the Commissioner 

2 of Social Security, shall develop and implement a 

3 program to authorize, manage and track the employ4 ment of aliens described in section 218A or 218B. 

5 ‘‘(2) DEADLINE.—The program under sub6 section (a) shall commence prior to any alien being 

7 admitted under section 101(a)(15)(W) or granted 

8 Deferred Mandatory Departure under section 218B. 

9 ‘‘(b) REQUIREMENTS.—The program shall— 

10 ‘‘(1) enable employers who seek to hire aliens 

11 described in section 218A or 218B to apply for au12 thorization to employ such aliens; 

13 ‘‘(2) be interoperable with Social Security data14 bases and must provide a means of immediately 

15 verifying the identity and employment authorization 

16 of an alien described in section 218A or 218B, for 

17 purposes of complying with title III of the Com18 prehensive Enforcement and Immigration Reform 

19 Act of 2005; 

20 ‘‘(3) require an employer to utilize readers or 

21 scanners at the location of employment or at a Fed22 eral facility to transmit the biometric and biographic 

23 information contained in the alien’s evidence of sta24 tus to the Secretary of Homeland Security, for pur25 poses of complying with title III of the Comprehen-
114 

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1 sive Enforcement and Immigration Reform Act of 

2 2005; and 

3 ‘‘(4) collect sufficient information from employ4 ers to enable the Secretary of Homeland Security to 

5 identify— 

6 ‘‘(A) whether an alien described in section 

7 218A or 218B is employed; 

8 ‘‘(B) any employer that has hired an alien 

9 described in section 218A or 218B; 

10 ‘‘(C) the number of aliens described in sec11 tion 218A or 218B that an employer is author12 ized to hire and is currently employing; and 

13 ‘‘(D) the occupation, industry and length 

14 of time that an alien described in section 218A 

15 or 218B has been employed in the United 

16 States. 

17 ‘‘(c) AUTHORIZATION TO HIRE ALIENS DESCRIBED

18 IN SECTION 218A OR 218B.— 

19 ‘‘(1) APPLICATION.—An employer must apply, 

20 through the program described in subsection (a) of 

21 this section, to obtain authorization to hire aliens 

22 described in section 218A or 218B. 

23 ‘‘(2) PENALTIES.—An employer who employs 

24 an alien described in section 218A or 218B without 

25 authorization is subject to the same penalties and 
115 

•S 1438 IS

1 provisions as an employer who violates section 

2 274(a)(1)(A) or (a)(2). An employer shall be subject 

3 to penalties prescribed by the Secretary of Home4 land Security by regulation, which may include mon5 etary penalties and debarment from eligibility to hire 

6 aliens described in section 218A or 218B. 

7 ‘‘(3) ELIGIBILITY.—An employer must establish 

8 that it is a legitimate company and must attest that 

9 it will comply with the terms of the program estab10 lished under subsection (a). 

11 ‘‘(4) NUMBER OFALIENS AUTHORIZED.—An 

12 employer may request authorization to multiple 

13 aliens described in section 218A or 218B. 

14 ‘‘(5) ELECTRONIC FORM.—The program estab15 lished under subsection (a) shall permit employers to 

16 submit applications under this subsection in an elec17 tronic form. 

18 ‘‘(d) NOTIFICATION UPON TERMINATION OF EM19 PLOYMENT.—An employer, through the program estab20 lished under subsection (a), must notify the Secretary of 

21 Homeland Security not more than 3 business days after 

22 the date of the termination of the alien’s employment. The 

23 employer is not authorized to fill the position with another 

24 alien described in section 218A or 218B until the employer 
116 

•S 1438 IS

1 notifies the Secretary of Homeland Security that the alien 

2 is no longer employed by that employer. 

3 ‘‘(e) PROTECTION OF UNITED STATES WORKERS.— 

4 An employer may not be authorized to hire an alien de5 scribed in section 218A or 218B until the employer sub6 mits an attestation stating the following: 

7 ‘‘(1) The employer has posted the position in a 

8 national, electronic job registry maintained by the 

9 Secretary of Labor, for not less than 30 days. 

10 ‘‘(2) The employer has offered the position to 

11 any eligible United States worker who applies and is 

12 equally or better qualified for the job for which a 

13 temporary worker is sought and who will be avail14 able at the time and place of need. An employer 

15 shall maintain records for not less than 1 year dem16 onstrating that why United States workers who ap17 plied were not hired. 

18 ‘‘(3) The employer shall comply with the terms 

19 of the program established under subsection (a), in20 cluding the terms of any temporary worker moni21 toring program established by the Secretary. 

22 ‘‘(4) The employer shall not hire more aliens 

23 than the number authorized by the Secretary of 

24 Homeland Security has authorized it to hire. 
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1 ‘‘(5) The worker shall be paid at least the 

2 greater of the hourly wage prescribed under section 

3 6(a)(1) of the Fair Labor Standards Act of 1938 

4 (29 U.S.C. 206(a)(1)) or the applicable State min5 imum wage. All wages will be paid in a timely man6 ner and all payroll records will be maintained accu7 rately. 

8 ‘‘(6) The employment of a temporary worker 

9 shall not adversely affect the working conditions of 

10 other similarly employed United States workers. 

11 ‘‘(f) APPROVAL.—After determining that there are no 

12 United States workers who are qualified and willing to ob13 tain the employment for which the employer is seeking 

14 temporary workers, the Secretary of Homeland Security 

15 may approve the application submitted by the employer 

16 under this paragraph for the number of temporary work17 ers that the Secretary determines are required by the em18 ployer. Such approval shall be valid for a 2-year period.’’. 

19 SEC. 702. LABOR INVESTIGATIONS. 

20 (a) IN GENERAL.—The Secretary of Homeland Secu21 rity and the Secretary of Labor shall conduct audits, in22 cluding random audits, of employers who employ aliens de23 scribed under section 218A or 218B of the Immigration 

24 and Nationality Act, as added by section 502 and 601, 

25 respectively. 
118 

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1 (b) PENALTIES.—The Secretary of Homeland Secu2 rity shall establish penalties, which may include debarment 

3 from eligibility for hire also described under section 218A, 

4 as added by section 502 of this Act, 218B, as added by 

5 section 601 of this Act, for employers who fail to comply 

6 with section 218C of the Immigration and Nationality Act 

7 as added by section 701 of this Act, and shall establish 

8 protections for aliens who report employers who fail to 

9 comply with such section. 

10 TITLE VIII—PROTECTION 

11 AGAINST IMMIGRATION FRAUD 

12 SEC. 801. GRANTS TO SUPPORT PUBLIC EDUCATION AND 

13 TRAINING. 

14 (a) GENERAL PROGRAM PURPOSE.—The purpose of 

15 this title is to assist qualified non-profit community orga16 nizations to educate, train, and support non-profit agen17 cies, immigrant communities, and other interested entities 

18 regarding this Act and the amendments made by this Act. 

19 (b) PURPOSES FOR WHICH GRANTS MAY BE

20 USED.—The grants under this part shall be used to fund 

21 public education, training, technical assistance, govern22 ment liaison, and all related costs (including personnel and 

23 equipment) incurred by non-profit community organiza24 tions in providing services related to this Act, and to edu25 cate, train and support non-profit organizations, immi-
119 

•S 1438 IS

1 grant communities, and other interested parties regarding 

2 this Act and the amendments made by this Act and on 

3 matters related to its implementation. In particular, fund4 ing shall be provided to non-profit organizations for the 

5 purposes of— 

6 (1) educating immigrant communities and other 

7 interested entities on the individuals and organiza8 tions that can provide authorized legal representa9 tion in immigration matters under regulations pre10 scribed by the Secretary of Homeland Security, and 

11 on the dangers of securing legal advice and assist12 ance from those who are not authorized to provide 

13 legal representation in immigration matters; 

14 (2) educating interested entities on the require15 ments for obtaining non-profit recognition and ac16 creditation to represent immigrants under regula17 tions prescribed by the Secretary of Homeland Secu18 rity, and providing non-profit agencies with training 

19 and technical assistance on the recognition and ac20 creditation process; and 

21 (3) educating non-profit community organiza22 tions, immigrant communities and other interested 

23 entities on the process for obtaining benefits under 

24 this Act or an amendment made by this Act, and the 

25 availability of authorized legal representation for 
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1 low-income persons who may qualify for benefits 

2 under this Act of an amendment made by this Act. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Office of Justice 

5 Programs at the United States Department of Justice to 

6 carry out this section— 

7 (1) $40,000,000 for fiscal year 2006; 

8 (2) $40,000,000 for fiscal year 2007; and 

9 (3) $40,000,000 for fiscal year 2008. 

10 (d) IN GENERAL.—The Office of Justice Programs 

11 shall ensure, to the extent possible, that the non-profit 

12 community organizations funded under this Section shall 

13 serve geographically diverse locations and ethnically di14 verse populations who may qualify for benefits under the 

15 Act. 

16 TITLE IX—CIRCULAR 

17 MIGRATION 

18 SEC. 901. INVESTMENT ACCOUNTS. 

19 (a) IN GENERAL.—Section 201 of the Social Security 

20 Act (42 U.S.C. 401) is amended by adding at the end the 

21 following: 

22 ‘‘(o)(1) Notwithstanding any other provision of this 

23 section, the Secretary of the Treasury shall transfer at 

24 least quarterly from the Federal Old-Age and Survivors 

25 Insurance Trust Fund and the Federal Disability Insur-
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1 ance Trust Fund 100 percent of the temporary worker 

2 taxes to the Temporary Worker Investment Fund for de3 posit in a temporary worker investment account for each 

4 temporary worker as specified in section 253. 

5 ‘‘(2) For purposes of this subsection— 

6 ‘‘(A) the term ‘temporary worker taxes’ means 

7 that portion of the amounts appropriated to the 

8 Federal Old-Age and Survivors Insurance Trust 

9 Fund and the Federal Disability Insurance Trust 

10 Fund under this section and properly attributable to 

11 the wages (as defined in section 3121 of the Internal 

12 Revenue Code of 1986) and self-employment income 

13 (as defined in section 1402 of such Code) of tem14 porary workers as determined by the Commissioner 

15 of Social Security; and 

16 ‘‘(B) the term ‘temporary worker’ means an 

17 alien who is admitted to the United States as a non18 immigrant under section 101(a)(15)(W) of the Im19 migration and Nationality Act.’’. 

20 (b) TEMPORARY WORKER INVESTMENT AC21 COUNTS.—Title II of the Social Security Act (42 U.S.C. 

22 401 et seq.) is amended— 

23 (1) by inserting before section 201 the ‘‘PART 

24 A—SOCIAL SECURITY’’; and 

25 (2) by adding at the end the following: 
122 

•S 1438 IS

1 ‘‘PART II—TEMPORARY WORKER INVESTMENT

2 ACCOUNTS

3 ‘‘DEFINITIONS

4 ‘‘SEC. 251. For purposes of this part: 

5 ‘‘(1) COVERED EMPLOYER.—The term ‘covered 

6 employer’ means, for any calendar year, any person 

7 on whom an excise tax is imposed under section 

8 3111 of the Internal Revenue Code of 1986 with re9 spect to having an individual in the person’s employ 

10 to whom wages are paid by such person during such 

11 calendar year. 

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

13 the Secretary of the Treasury. 

14 ‘‘(3) TEMPORARY WORKER.—The term ‘tem15 porary worker’ an alien who is admitted to the 

16 United States as a nonimmigrant under section 

17 101(a)(15)(W) of the Immigration and Nationality 

18 Act. 

19 ‘‘(4) TEMPORARY WORKER INVESTMENT AC20 COUNT.—The term ‘temporary worker investment 

21 account’ means an account for a temporary worker 

22 which is administered by the Secretary through the 

23 Temporary Worker Investment Fund. 

24 ‘‘(5) TEMPORARY WORKER INVESTMENT

25 FUND.—The term ‘Temporary Worker Investment 
123 

•S 1438 IS

1 Fund’ means the fund established under section 

2 253. 

3 ‘‘TEMPORARY WORKER INVESTMENT ACCOUNTS

4 ‘‘SEC. 252. (a) IN GENERAL.—A temporary worker 

5 investment account shall be established by the Secretary 

6 in the Temporary Worker Investment Fund for each indi7 vidual not later than 10 business days after the covered 

8 employer of such individual submits a W–4 form (or any 

9 successor form) identifying such individual as a temporary 

10 worker. 

11 ‘‘(b) TIME ACCOUNT TAKES EFFECT.—A temporary 

12 worker investment account established under subsection 

13 (a) shall take effect with respect to the first pay period 

14 beginning more than 14 days after the date of such estab15 lishment. 

16 ‘‘(c) TEMPORARY WORKER’S PROPERTY RIGHT IN

17 TEMPORARY WORKER INVESTMENT ACCOUNT.—The tem18 porary worker investment account established for a tem19 porary worker is the sole property of the worker. 

20 ‘‘TEMPORARY WORKER INVESTMENT FUND

21 ‘‘SEC. 253. (a) IN GENERAL.—There is created on 

22 the books of the Treasury of the United States a trust 

23 fund to be known as the ‘Temporary Worker Investment 

24 Fund’ to be administered by the Secretary. Such Fund 

25 shall consist of the assets transferred under section 201(o) 

26 to each temporary worker investment account established 
124 

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1 under section 252 and the income earned under subsection 

2 (e) and credited to such account. 

3 ‘‘(b) NOTICE OF CONTRIBUTIONS.—The full amount 

4 of a temporary worker‘s investment account transfers 

5 shall be shown on such worker’s W–2 tax statement, as 

6 provided in section 6051(a)(14) of the Internal Revenue 

7 Code of 1986. 

8 ‘‘(c) INVESTMENT EARNINGS REPORT.— 

9 ‘‘(1) IN GENERAL.—At least annually, the Tem10 porary Worker Investment Fund shall provide to 

11 each temporary worker with a temporary worker in12 vestment account managed by the Fund a temporary 

13 worker investment status report. Such report may be 

14 transmitted electronically upon the agreement of the 

15 temporary worker under the terms and conditions 

16 established by the Secretary. 

17 ‘‘(2) CONTENTS OFREPORT.—The temporary 

18 worker investment status report, with respect to a 

19 temporary worker investment account, shall provide 

20 the following information: 

21 ‘‘(A) The total amounts transferred under 

22 section 201(o) in the last quarter, the last year, 

23 and since the account was established. 
125 

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1 ‘‘(B) The amount and rate of income 

2 earned under subsection (e) for each period de3 scribed in subparagraph (A). 

4 ‘‘(d) MAXIMUM ADMINISTRATIVE FEE.—The Tem5 porary Worker Investment Fund shall charge each tem6 porary worker in the Fund a single, uniform annual ad7 ministrative fee not to exceed 0.3 percent of the value of 

8 the assets invested in the worker’s account. 

9 ‘‘(e) INVESTMENT DUTIES OF SECRETARY.—The 

10 Secretary shall establish policies for the investment and 

11 management of temporary worker investment accounts, 

12 including policies that shall provide for prudent Federal 

13 Government investment instruments suitable for accumu14 lating funds. 

15 ‘‘TEMPORARY WORKER INVESTMENT ACCOUNT

16 DISTRIBUTIONS

17 ‘‘SEC. 254. (a) DATE OF DISTRIBUTION.—Except as 

18 provided in subsections (b) and (c), a distribution of the 

19 balance in a temporary worker investment account may 

20 only be made on or after the date such worker departs 

21 the United States and abandons such worker’s non22 immigrant status under section 101(a)(15)(W) of the Im23 migration and Nationality Act and returns to the worker’s 

24 home country. 

25 ‘‘(b) DISTRIBUTION IN THE EVENT OF DEATH.—If 

26 the temporary worker dies before the date determined 
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1 under subsection (a), the balance in the worker‘s account 

2 shall be distributed to the worker’s estate under rules es3 tablished by the Secretary.’’. 

4 (c) TEMPORARY WORKER INVESTMENT ACCOUNT

5 TRANSFERS SHOWN ON W–2S.— 

6 (1) IN GENERAL.—Section 6051(a) of the In7 ternal Revenue Code of 1986 (relating to receipts 

8 for employees) is amended— 

9 (A) by striking ‘‘and’’ at the end of para10 graph (12); 

11 (B) by striking the period at the end of 

12 paragraph (13) and inserting ‘‘; and’’; and 

13 (C) by inserting after paragraph (13) the 

14 following: 

15 ‘‘(14) in the case of a temporary worker (as de16 fined in section 251(1) of the Social Security Act), 

17 of the amount shown pursuant to paragraph (6), the 

18 total amount transferred to such worker’s temporary 

19 worker investment account under section 201(o) of 

20 such Act.’’. 

21 (2) CONFORMING AMENDMENTS.—Section 6051 

22 of the Internal Revenue Code of 1986 is amended— 

23 (A) in subsection (a)(6), by inserting ‘‘and 

24 paid as tax under section 3111’’ after ‘‘section 

25 3101’’; and 
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1 (B) in subsection (c), by inserting ‘‘and 

2 paid as tax under section 3111’’ after ‘‘section 

3 3101’’. 

4 TITLE X—BACKLOG REDUCTION 

5 SEC. 1001. EMPLOYMENT BASED IMMIGRANTS. 

6 (a) EMPLOYMENT-BASED IMMIGRANT LIMIT.—Sec7 tion 201(d) of the Immigration and Nationality Act (8 

8 U.S.C. 1151(d)) is amended to read as follows: 

9 ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT-BASED

10 IMMIGRANTS.—The worldwide level of employment-based 

11 immigrants under this subsection for a fiscal year is equal 

12 to the sum of— 

13 ‘‘(1) 140,000; 

14 ‘‘(2) the difference between the maximum num15 ber of visas authorized to be issued under this sub16 section during the previous fiscal year and the num17 ber of visas issued during the previous fiscal year; 

18 ‘‘(3) the difference between— 

19 ‘‘(A) the maximum number of visas au20 thorized to be issued under this subsection dur21 ing fiscal years 2001 through 2005 and the 

22 number of visa numbers issued under this sub23 section during those years; and 
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1 ‘‘(B) the number of visas described in sub2 paragraph (A) that were issued after fiscal year 

3 2005; and 

4 ‘‘(4) the number of visas previously made avail5 able under section 203(e).’’. 

6 (b) DIVERSITY VISA TERMINATION.—The allocation 

7 of immigrant visas to aliens under section 203(c) of the 

8 Immigration and Nationality Act (8 U.S.C. 1153(c)), and 

9 the admission of such aliens to the United States as immi10 grants, is terminated. This provision shall become effective 

11 on October 1st of the fiscal year following enactment of 

12 this Act. 

13 (c) IMMIGRATION TASK FORCE.— 

14 (1) IN GENERAL.—There is established a task 

15 force to be known as the Immigration Task Force 

16 (referred to in this section as the ‘‘Task Force’’). 

17 (2) PURPOSES.—The purposes of the Task 

18 Force are— 

19 (A) to study the impact of the delay be20 tween the date on which an application for im21 migration is submitted and the date on which 

22 a determination on such application is made; 

23 (B) to study the impact of immigration of 

24 workers to the United States on family unity; 

25 and 
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1 (C) to provide to Congress any rec2 ommendations of the Task Force regarding in3 creasing the number immigrant visas issued by 

4 the United States for family members and on 

5 the basis of employment. 

6 (3) MEMBERSHIP.—The Task Force shall be 

7 composed of 10 members, of whom— 

8 (A) 1 shall be appointed by the President 

9 and shall serve as chairman of the Task Force; 

10 (B) 1 shall be appointed by the leader of 

11 the minority party in the Senate, in consulta12 tion with the leader of the minority party in the 

13 House of Representatives, and shall serve as 

14 vice chairman of the Task Force; 

15 (C) 2 shall be appointed by the majority 

16 leader of the Senate; 

17 (D) 2 shall be appointed by the minority 

18 leader of the Senate; 

19 (E) 2 shall be appointed by the Speaker of 

20 the House of Representatives; and 

21 (F) 2 shall be appointed by the minority 

22 leader of the House of Representatives. 

23 (4) QUALIFICATIONS.— 

24 (A) IN GENERAL.—Members of the Task 

25 Force shall be— 
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1 (i) individuals with expertise in eco2 nomics, demography, labor, business, or 

3 immigration or other pertinent qualifica4 tions or experience; and 

5 (ii) representative of a broad cross6 section of perspectives within the United 

7 States, including the public and private 

8 sectors and academia. 

9 (B) POLITICAL AFFILIATION.—Not more 

10 than 5 members of the Task Force may be 

11 members of the same political party. 

12 (C) NONGOVERNMENTAL APPOINTEES.— 

13 An individual appointed to the Task Force may 

14 not be an officer or employee of the Federal 

15 Government or of any State or local govern16 ment. 

17 (5) DEADLINE FOR APPOINTMENT.—All mem18 bers of the Task Force shall be appointed not later 

19 than 6 months after the date of enactment of this 

20 Act. 

21 (6) VACANCIES.—Any vacancy in the Task 

22 Force shall not affect its powers, but shall be filled 

23 in the same manner in which the original appoint24 ment was made. 

25 (7) MEETINGS.— 
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1 (A) INITIAL MEETING.—The Task Force 

2 shall meet and begin the operations of the Task 

3 Force as soon as practicable. 

4 (B) SUBSEQUENT MEETINGS.—After its 

5 initial meeting, the Task Force shall meet upon 

6 the call of the chairman or a majority of its 

7 members. 

8 (8) QUORUM.—Six members of the Task Force 

9 shall constitute a quorum. 

10 (9) REPORT.—Not later than 18 months after 

11 the date of enactment of this Act, the Task Force 

12 shall submit to Congress, the Secretary of Labor, 

13 and the Secretary of Homeland Security a report 

14 that contains— 

15 (A) findings with respect to the duties of 

16 the Task Force; and 

17 (B) recommendations for modifying the 

18 numerical limits on the number immigrant visas 

19 issued by the United States for family members 

20 of individuals in the United States and on the 

21 basis of employment. 

22 SEC. 1002. COUNTRY LIMITS. 

23 Section 202(a) of the Immigration and Nationality 

24 Act (8 U.S.C. 1152(a)) is amended— 

25 (1) in paragraph (2)— 
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1 (A) by striking ‘‘, (4), and (5)’’ and insert2 ing ‘‘and (4)’’; and 

3 (B) by striking ‘‘7 percent (in the case of 

4 a single foreign state) or 2 percent’’ and insert5 ing ‘‘10 percent (in the case of a single foreign 

6 state) or 5 percent’’; and 

7 (2) by striking paragraph (5). 

8 SEC. 1003. ALLOCATION OF IMMIGRANT VISAS. 

9 (a) PREFERENCE ALLOCATION FOR EMPLOYMENT10 BASED IMMIGRANTS.—Section 203(b) of the Immigration 

11 and Nationality Act (8 U.S.C. 1153(b)) is amended— 

12 (1) in paragraph (1), by striking ‘‘28.6 per13 cent’’ and inserting ‘‘10 percent’’; 

14 (2) in paragraph (2)(A), by striking ‘‘28.6 per15 cent’’ and inserting ‘‘10 percent’’; 

16 (3) in paragraph (3)(A)— 

17 (A) by striking ‘‘28.6 percent’’ and insert18 ing ‘‘35 percent’’; and 

19 (B) by striking clause (iii); 

20 (4) by striking paragraph (4); 

21 (5) by redesignating paragraph (5) as para22 graph (4); 

23 (6) in paragraph (4)(A), as redesignated, by 

24 striking ‘‘7.1 percent’’ and inserting ‘‘4 percent’’; 
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1 (7) by inserting after paragraph (4), as redesig2 nated, the following: 

3 ‘‘(5) OTHER WORKERS.—Visas shall be made 

4 available, in a number not to exceed 36 percent of 

5 such worldwide level, plus any visa numbers not re6 quired for the classes specified in paragraphs (1) 

7 through (4), to qualified immigrants who are capa8 ble, at the time of petitioning for classification under 

9 this paragraph, of performing unskilled labor that is 

10 not of a temporary or seasonal nature, for which 

11 qualified workers are determined to be unavailable in 

12 the United States’’; and 

13 (8) by striking paragraph (6). 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) DEFINITION OF SPECIAL IMMIGRANT.—Sec16 tion 101(a)(27)(M) of the Immigration and Nation17 ality Act (8 U.S.C. 1101(a)(27)(M)) is amended by 

18 striking ‘‘subject to the numerical limitations of sec19 tion 203(b)(4),’’. 

20 (2) REPEAL OFTEMPORARY REDUCTION IN

21 WORKERS’ VISAS.—Section 203(e) of the Nicaraguan 

22 Adjustment and Central American Relief Act (8 

23 U.S.C. 1153 note) is repealed. 
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1 TITLE XI—TEMPORARY 

2 AGRICULTURAL WORKERS 

3 SEC. 1101. SENSE OF THE SENATE ON TEMPORARY AGRI4 CULTURAL WORKERS. 

5 It is the sense of the Senate that consideration of 

6 any comprehensive immigration reform during the 109th 

7 Congress will include agricultural workers. 

Æ