II 

109TH CONGRESS 

1ST SESSION S. 1916 

To strengthen national security and United States borders, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 25, 2005 

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

to the Committee on the Judiciary 

A BILL 

To strengthen national security and United States borders, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Strengthening America’s Security Act of 2005’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Border enforcement studies. 

Sec. 3. Necessary assets for controlling United States borders. 

Sec. 4. Document fraud detection. 

Sec. 5. Report. 

Sec. 6. Biometric entry-exit system. 

Sec. 7. Expedited removal between ports of entry. 
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Sec. 8. Cancellation of visas. 

Sec. 9. Release of aliens from noncontiguous countries. 

Sec. 10. Reducing illegal immigration and alien smuggling on tribal lands. 

Sec. 11. Detention space and removal capacity. 

Sec. 12. Increased criminal penalties for alien smuggling, document fraud, gang 

violence, and drug trafficking. 

Sec. 13. Removal of aliens. 

Sec. 14. Additional immigration personnel. 

Sec. 15. Automated alien records. 

Sec. 16. Increase of Federal detention space. 

Sec. 17. State Criminal Alien Assistance Program. 

Sec. 18. Construction. 

Sec. 19. State defined. 

1 SEC. 2. BORDER ENFORCEMENT STUDIES. 

2 (a) SUBTERRANEAN ENTRY.— 

3 (1) STUDY.—The Secretary of Homeland Secu4 rity and the head of the United States Army Corps 

5 of Engineers shall carry out a joint study on meth6 ods to prevent aliens from illegally entering the 

7 United States through subterranean tunnels along 

8 the international border between the United States 

9 and Mexico and the cost, utility, and effectiveness of 

10 employing such methods for border security. 

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

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

13 Homeland Security and the head of the United 

14 States Army Corps of Engineers shall submit to 

15 Congress the results of the study required by para16 graph (1). 

17 (b) BARRIERS FOR LAND CROSSINGS.— 

18 (1) STUDY.—The Secretary of Homeland Secu19 rity shall carry out a study of the feasibility and ef-
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1 fectiveness of completing primary and secondary 

2 fences along the international border between the 

3 United States and Mexico and the cost and utility 

4 of employing such fences for border security. 

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

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

7 Homeland Security shall submit to Congress the re8 sults of the study required by paragraph (1). 

9 SEC. 3. NECESSARY ASSETS FOR CONTROLLING UNITED 

10 STATES BORDERS. 

11 (a) PERSONNEL.— 

12 (1) CUSTOMS AND BORDER PROTECTION OFFI13 CERS.—In each of the fiscal years 2006 through 

14 2010, the Secretary of Homeland Security shall in15 crease by not less than 250 the number of positions 

16 for full-time active duty Customs and Border Pro17 tection officers. 

18 (2) AUTHORIZATION OF APPROPRIATIONS.— 

19 (A) CUSTOMS AND BORDER PROTECTION

20 OFFICERS.—There are authorized to be appro21 priated such sums as may be necessary for each 

22 of fiscal years 2006 through 2010 to carry out 

23 paragraph (1). 

24 (B) BORDER PATROL AGENTS.—There are 

25 authorized to be appropriated such sums as 
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1 may be necessary for each of fiscal years 2006 

2 through 2010 to carry out section 5202 of the 

3 Intelligence Reform and Terrorism Prevention 

4 Act of 2004 (118 Stat. 3734). 

5 (C) TRANSPORTATION OF ALIENS.—There 

6 are authorized to be appropriated such sums as 

7 may be necessary for each of fiscal years 2006 

8 through 2010 for the transportation of aliens. 

9 (b) TECHNOLOGICAL ASSETS.— 

10 (1) ACQUISITION.—The Secretary of Homeland 

11 Security shall procure unmanned aerial vehicles, 

12 cameras, poles, sensors, and other technologies nec13 essary to achieve operational control of the borders 

14 of the United States. 

15 (2) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated such sums 

17 as may be necessary for each of fiscal years 2006 

18 through 2010 to carry out paragraph (1). 

19 (c) INFRASTRUCTURE.— 

20 (1) CONSTRUCTION OF BORDER CONTROL FA21 CILITIES.—The Secretary of Homeland Security 

22 shall construct all-weather roads and shall acquire 

23 vehicle barriers and necessary facilities to support 

24 its mission of achieving operational control of the 

25 borders of the United States. 
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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 as may be necessary for each of fiscal years 2006 

4 through 2010 to carry out paragraph (1). 

5 (d) BORDER PATROL CHECKPOINTS.—Temporary or 

6 permanent checkpoints may be maintained on roadways 

7 in border patrol sectors within 100 miles of the border 

8 between the United States and Mexico. 

9 SEC. 4. DOCUMENT FRAUD DETECTION. 

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

11 shall provide all customs and border protection officers 

12 with training in identifying and detecting fraudulent travel 

13 documents. Such training shall be developed in consulta14 tion with the Forensic Document Laboratory of Immigra15 tion and Customs Enforcement. 

16 (b) FORENSIC DOCUMENT LABORATORY.—The Sec17 retary of Homeland Security shall provide all customs and 

18 border protection officers with access to the Forensic Doc19 ument Laboratory. 

20 (c) REPORT AND ASSESSMENT.— 

21 (1) REPORT.—Not later than 1 year after the 

22 effective date of this Act, and annually through 

23 2010, the Secretary of Homeland Security shall sub24 mit a report to the Office of the Inspector General 

25 regarding the accuracy and reliability of the Foren-
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1 sic Document Laboratory in identifying and detect2 ing fraudulent documents. 

3 (2) ASSESSMENT.—The Office of Inspector 

4 General shall conduct an independent assessment of 

5 the accuracy and reliability of the Forensic Docu6 ment Library and submit a report to Congress on 

7 the results of such assessment. 

8 (d) RIGHT TO APPELLATE REVIEW.— 

9 (1) ESTABLISHMENT OF APPELLATE REVIEW

10 BOARD.—There is established, within Immigration 

11 and Customs Enforcement Identity and Benefits 

12 Fraud Branch of the Department of Homeland Se13 curity, the Fraud Appellate Review Board, which 

14 shall be authorized to review determinations by the 

15 Forensic Document Laboratory that a certain docu16 ment is fraudulent. 

17 (2) RIGHT TO APPEAL.—Any alien against 

18 whom a negative determination is made by the Fo19 rensic Document Laboratory regarding the authen20 ticity of a document may appeal such determination 

21 to the Fraud Appellate Review Board for an inde22 pendent determination of the findings of the Foren23 sic Document Laboratory. 

24 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated such sums as may be 
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1 necessary for each of fiscal years 2006 through 2010 to 

2 carry out this section. 

3 SEC. 5. REPORT. 

4 Not later than October 26, 2007, the Secretary of 

5 Homeland Security shall submit a report to Congress that 

6 describes— 

7 (1) the documents that need to be machine8 readable and tamper-resistant and incorporate bio9 metric identifiers; 

10 (2) how documents described in paragraph (1) 

11 will meet those standards; 

12 (3) the locations at which the Department of 

13 Homeland Security will install document readers; 

14 (4) the estimated costs for creating such docu15 ments and installing such readers; and 

16 (5) realistic deadlines for issuing machine-read17 able, tamper-resistant documents that incorporate 

18 biometric documents and installing document read19 ers. 

20 SEC. 6. BIOMETRIC ENTRY-EXIT SYSTEM. 

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

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

23 amended— 

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

25 the following: 
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1 ‘‘(C) WITHHOLDERS OF BIOMETRIC

2 DATA.—Any alien who knowingly fails to com3 ply with a lawful request for biometric data 

4 under section 215(c) or 235(d) is inadmis5 sible.’’; and 

6 (2) in subsection (d), by inserting after para7 graph (1) the following: 

8 ‘‘(2) The Secretary of Homeland Security shall deter9 mine whether a ground for inadmissibility exists with re10 spect to an alien described in subparagraph (C) subsection 

11 (a)(7) and may waive the application of such subpara12 graph, for an individual alien or a class of aliens, at the 

13 discretion of the Secretary.’’. 

14 (b) COLLECTION OF BIOMETRIC DATA FROM ALIENS

15 DEPARTING THE UNITED STATES.—Section 215 of the 

16 Immigration and Nationality Act (8 U.S.C. 1185) is 

17 amended— 

18 (1) by redesignating subsection (c) as sub19 section (g); and 

20 (2) by inserting after subsection (b) the fol21 lowing: 

22 ‘‘(c) The Secretary of Homeland Security is author23 ized to require aliens departing the United States to pro24 vide biometric data and other information relating to their 

25 immigration status.’’. 
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1 (c) INSPECTION OF APPLICANTS FOR ADMISSION.— 

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

3 U.S.C. 1185(d)) is amended by adding at the end the fol4 lowing: 

5 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

6 DATA.—In conducting inspections under subsection 

7 (b), immigration officers are authorized to collect bi8 ometric data from— 

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

10 seeking to transit through the United States; or 

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

12 entering the United States, but is not regarded 

13 as seeking admission under section 

14 101(a)(13)(C).’’. 

15 (d) COLLECTION OF BIOMETRIC DATA FROM ALIEN

16 CREWMAN.—Section 252 of the Immigration and Nation17 ality Act (8 U.S.C. 1282) is amended by inserting ‘‘Immi18 gration officers are authorized to collect biometric data 

19 from any alien crewman seeking permission to land tempo20 rarily in the United States.’’ after ‘‘this title.’’. 

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

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

23 1365b(l)) is amended— 

24 (1) by striking ‘‘There are authorized’’ and in25 serting the following: 
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1 ‘‘(1) IN GENERAL.—There are authorized’’; and 

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

3 ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER

4 PORTS OF ENTRY.—There are authorized to be ap5 propriated such sums as may be necessary for each 

6 of fiscal years 2006 and 2007 to implement the 

7 automated biometric entry and exit data system at 

8 all land border ports of entry.’’. 

9 SEC. 7. EXPEDITED REMOVAL BETWEEN PORTS OF ENTRY. 

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

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

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

13 officer’’ and inserting ‘‘a supervisory officer’’; and 

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

15 following: 

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

17 Security shall make the expedited removal proce18 dures under this subsection available in all border 

19 patrol sectors on the southern border of the United 

20 States as soon as operationally possible. 

21 ‘‘(5) NATIONAL SECURITY CERTIFICATION.—No 

22 alien shall be expeditiously removed until the appro23 priate Director of Field Operations has certified in 

24 writing that expeditious removal of the alien will 

25 pose no security risk to the United States. 
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1 ‘‘(6) TRAINING.—The Secretary of Homeland 

2 Security shall provide employees of the Department 

3 of Homeland Security with comprehensive training 

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

5 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

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

7 of fiscal years 2006 through 2010 to carry out the amend8 ments made by this section. 

9 SEC. 8. CANCELLATION OF VISAS. 

10 Section 222(g) of the Immigration and Nationality 

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

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

13 other nonimmigrant visa issued by the United States 

14 that is in the possession of the alien except upon a 

15 showing of extraordinary circumstances or in the 

16 case of technical violations’’ after ‘‘such visa’’; and 

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

18 than the visa described in paragraph (1)) issued in 

19 a consular office located in the country of the alien’s 

20 nationality’’ and inserting ‘‘(other than a visa de21 scribed in paragraph (1)) issued in a consular office 

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

23 foreign residence’’. 
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1 SEC. 9. RELEASE OF ALIENS FROM NONCONTIGUOUS 

2 COUNTRIES. 

3 (a) MINIMUM BOND.—Section 236(a)(2) of the Im4 migration and Nationality Act (8 U.S.C. 1226(a)(2)) is 

5 amended— 

6 (1) by striking ‘‘on’’; 

7 (2) in subparagraph (A)— 

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

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

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

11 (3) by redesignating subparagraph (B) as sub12 paragraph (C); and 

13 (4) by inserting after subparagraph (A) the fol14 lowing: 

15 ‘‘(B) if the alien is a national of a non16 contiguous country, has not been admitted or 

17 paroled into the United States, and was appre18 hended within 2 years of admission and within 

19 100 miles of the international border of the 

20 United States or presents a flight risk, as de21 termined by the Secretary of Homeland Secu22 rity, upon the giving of a bond of at least 

23 $5,000 with security approved by, and con24 taining conditions prescribed by, the Secretary 

25 of Homeland Security or the Attorney General, 
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1 and subject to review before the Executive Of2 fice of Immigration Review; or’’. 

3 (b) REPORT.—Not later than 2 years after the effec4 tive date of this Act, the Secretary of Homeland Security 

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

6 from noncontiguous countries who are apprehended be7 tween land border ports of entry. 

8 SEC. 10. REDUCING ILLEGAL IMMIGRATION AND ALIEN 

9 SMUGGLING ON TRIBAL LANDS. 

10 (a) GRANTS AUTHORIZED.—The Secretary of Home11 land Security may award grants to Indian tribes with 

12 lands adjacent to an international border of the United 

13 States that have been adversely affected by illegal immi14 gration. 

15 (b) USE OF FUNDS.—Grants awarded under sub16 section (a) may be used for— 

17 (1) law enforcement activities; 

18 (2) health care services; 

19 (3) environmental restoration; and 

20 (4) the preservation of cultural resources. 

21 (c) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, the Secretary of Homeland Secu23 rity shall submit a report to the Committee on the Judici24 ary of the Senate and the Committee on the Judiciary of 

25 the House of Representatives that— 
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1 (1) describes the level of access of Border Pa2 trol agents on tribal lands; 

3 (2) describes the extent to which enforcement of 

4 immigration laws may be improved by enhanced ac5 cess to tribal lands; 

6 (3) contains a strategy for improving such ac7 cess through cooperation with tribal authorities; and 

8 (4) identifies grants provided by the Depart9 ment of Homeland Security for Indian tribes, either 

10 directly or through State or local grants, relating to 

11 border security expenses. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

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

14 of fiscal years 2006 through 2010 to carry out this sec15 tion. 

16 SEC. 11. DETENTION SPACE AND REMOVAL CAPACITY. 

17 (a) IN GENERAL.—Section 5204 of the Intelligence 

18 Reform and Terrorism Protection Act of 2004 (118 Stat. 

19 3734) is amended— 

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

21 inserting ‘‘10,000’’; and 

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

23 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In ad24 dition to amounts otherwise authorized to be appropriated, 

25 there are authorized to be appropriated such sums as may 
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1 be necessary for each of fiscal years 2006 through 2010 

2 to carry out subsection (a).’’. 

3 (b) LEGAL REPRESENTATION.—No person shall be 

4 detained by the Department of Homeland Security in a 

5 location that limits the person’s reasonable access to legal 

6 counsel. Upon active or constructive notice that a person 

7 is represented by an attorney, that person shall not be 

8 moved without providing the attorney reasonable notice in 

9 advance of such move. 

10 SEC. 12. INCREASED CRIMINAL PENALTIES FOR ALIEN 

11 SMUGGLING, DOCUMENT FRAUD, GANG VIO12 LENCE, AND DRUG TRAFFICKING. 

13 (a) ALIEN SMUGGLING.—Section 274(a) of the Immi14 gration and Nationality Act (8 U.S.C. 1324(a)) is amend15 ed— 

16 (1) in paragraph (1)(B)— 

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

18 and inserting ‘‘15 years’’; 

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

20 and inserting ‘‘10 years’’; and 

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

22 and inserting ‘‘40 years’’; 

23 (2) in paragraph (2)— 
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1 (A) in subparagraph (A), by striking ‘‘one 

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

3 both’’; 

4 (B) in subparagraph (B)— 

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

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

7 United States Code, and imprisoned not 

8 less than 5 years nor more than 25 

9 years;’’; 

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

11 the end and inserting the following: ‘‘be 

12 fined under title 18, United States Code, 

13 and imprisoned not less than 3 years nor 

14 more than 20 years; or’’; and 

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

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

17 United States Code, and imprisoned not 

18 more than 15 years; or’’; and 

19 (C) by striking the matter following clause 

20 (iii) and inserting the following: 

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

22 offense described in subparagraph (B) and for 

23 any other violation, shall be fined under title 

24 18, United States Code, and imprisoned not 

25 less than 5 years nor more than 15 years.’’; 
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1 (3) in paragraph (3)(A), by striking ‘‘5 years’’ 

2 and inserting ‘‘10 years’’; and 

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

4 and inserting ‘‘20 years’’. 

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

6 United States Code, is amended— 

7 (1) in subsection (a)— 

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

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

10 (B) by inserting ‘‘and if the terrorism of11 fense resulted in the death of any person, shall 

12 be imprisoned for life,’’ after ‘‘section 2331 of 

13 this title)),’’; 

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

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

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

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

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

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

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

21 inserting ‘‘10 years’’. 

22 (c) CRIMES OF VIOLENCE.— 

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

24 Code, is amended by inserting after chapter 51 the 

25 following: 
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1 ‘‘CHAPTER 52—ILLEGAL ALIENS 

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

2 ‘‘§ 1131. Enhanced penalties for certain crimes com3 mitted by illegal aliens 

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

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

6 a crime of violence or a drug trafficking offense (as de7 fined in section 924), shall be fined under this title and 

8 sentenced to not less than 5 years in prison. 

9 ‘‘(b) If an alien who violates subsection (a) was pre10 viously ordered removed under the Immigration and Na11 tionality Act (8 U.S.C. 1101 et seq.) on the grounds of 

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

13 not less than 15 years in prison. 

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

15 section shall run consecutively to any other sentence of 

16 imprisonment imposed for any other crime.’’. 

17 (2) CLERICAL AMENDMENT.—The table of 

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

19 United States Code, is amended by inserting after 

20 the item relating to chapter 51 the following: 

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

21 (d) CRIMINAL STREET GANGS.— 

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

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

24 1182(a)(2)) is amended— 
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1 (A) by redesignating subparagraph (F) as 

2 subparagraph (J); and 

3 (B) by inserting after subparagraph (E) 

4 the following: 

5 ‘‘(F) ALIENS WHO ARE MEMBERS OF

6 CRIMINAL STREET GANGS.— 

7 ‘‘(i) IN GENERAL.—Any alien who is 

8 found by a Federal district court to be a 

9 member of a criminal street gang (as de10 fined in section 521(a) of title 18, United 

11 States Code) is inadmissible. 

12 ‘‘(ii) EXCEPTION.—Clause (i) shall 

13 not apply to an alien who demonstrates 

14 that he or she is no longer a member of 

15 the criminal street gang.’’. 

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

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

18 1227(a)(2)) is amended by adding at the end the 

19 following: 

20 ‘‘(F) ALIENS WHO ARE MEMBERS OF

21 CRIMINAL STREET GANGS.— 

22 ‘‘(i) IN GENERAL.—Any alien who is 

23 found by a Federal district court to be a 

24 member of a criminal street gang (as de-
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1 fined in section 521(a) of title 18, United 

2 States Code) is deportable. 

3 ‘‘(ii) EXCEPTION.—Clause (i) shall 

4 not apply to an alien who demonstrates 

5 that he or she is no longer a member of 

6 the criminal street gang.’’. 

7 (3) TEMPORARY PROTECTED STATUS.—Section 

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

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

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

11 end; 

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

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

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

15 ‘‘(iii) the alien has been found by a 

16 Federal district court to be a member of a 

17 criminal street gang (as defined in section 

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

19 and cannot demonstrate that he or she is 

20 no longer a member of the criminal street 

21 gang.’’. 

22 SEC. 13. REMOVAL OF ALIENS. 

23 (a) CONTINUATION OF INSTITUTIONAL REMOVAL

24 PROGRAM.—The Secretary of Homeland Security shall 
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1 continue to operate the Institutional Removal Program or 

2 develop and implement any other program to— 

3 (1) identify removable criminal aliens in Fed4 eral and State correctional facilities; 

5 (2) ensure that such aliens are not released into 

6 the community; and 

7 (3) remove such aliens from the United States 

8 after the completion of their sentences. 

9 (b) AUTHORIZATION FOR DETENTION AFTER COM10 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

11 enforcement officers of a State or political subdivision of 

12 a State are authorized to— 

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

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

15 State prison sentence in order to effectuate the 

16 transfer of the alien to Federal custody when the 

17 alien is removable or not lawfully present in the 

18 United States; or 

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

20 have served a State prison sentence to be detained 

21 by the State prison until personnel from the Bureau 

22 of Immigration and Customs Enforcement can take 

23 the alien into custody. 

24 (c) REPORT TO CONGRESS.— 
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1 (1) IN GENERAL.—The Secretary of Homeland 

2 Security shall submit a report to Congress on the 

3 participation of States in the Institutional Removal 

4 Program and in any other program under subsection 

5 (a). 

6 (2) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated such sums 

8 as may be necessary to carry out paragraph (1). 

9 SEC. 14. ADDITIONAL IMMIGRATION PERSONNEL. 

10 (a) DEPARTMENT OF HOMELAND SECURITY.— 

11 (1) INVESTIGATIVE PERSONNEL.—In addition 

12 to the positions authorized under section 5203 of the 

13 Intelligence Reform and Terrorism Prevention Act 

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

15 the Secretary of Homeland Security shall, subject to 

16 the availability of appropriations for such purpose, 

17 increase by not less than 200 the number of posi18 tions for investigative personnel within the Depart19 ment of Homeland Security investigating alien 

20 smuggling and immigration status violations above 

21 the number of such positions for which funds were 

22 made available during the preceding fiscal year. 

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

24 2006 through 2010, the Secretary of Homeland Se25 curity shall, subject to the availability of appropria-
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1 tions for such purpose, increase the number of posi2 tions for attorneys in the Office of General Counsel 

3 of the Department of Homeland Security who rep4 resent the Department in immigration matters by 

5 not less than 100 above the number of such posi6 tions for which funds were made available during 

7 each preceding fiscal year. 

8 (3) DEFENSE ATTORNEYS.—In each of fiscal 

9 years 2006 through 2010, the Attorney General 

10 shall, subject to the availability of appropriations for 

11 such purpose, increase by not less than 100 the 

12 number of attorneys in the Federal Defenders Pro13 gram or any other federally funded program for each 

14 Federal judicial district. 

15 (4) AUTHORIZATION OF APPROPRIATIONS.— 

16 There are authorized to be appropriated to the De17 partment of Homeland Security for each of fiscal 

18 years 2006 through 2010 such sums as may be nec19 essary to carry out this subsection. 

20 (b) DEPARTMENT OF JUSTICE.— 

21 (1) ASSISTANT ATTORNEY GENERAL FOR IMMI22 GRATION ENFORCEMENT.— 

23 (A) ESTABLISHMENT.—There is estab24 lished within the Department of Justice the po25 sition of Assistant Attorney General for Immi-
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1 gration Enforcement, which shall coordinate 

2 and prioritize immigration litigation and en3 forcement in the Federal courts, including— 

4 (i) removal and deportation; 

5 (ii) employer sanctions; and 

6 (iii) alien smuggling and human traf7 ficking. 

8 (B) CONFORMING AMENDMENT.—Section 

9 506 of title 28, United States Code, is amended 

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

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

12 years 2006 through 2010, the Attorney General 

13 shall, subject to the availability of appropriations for 

14 such purpose, increase by not less than 50 the num15 ber of positions for attorneys in the Office of Immi16 gration Litigation of the Department of Justice. 

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

18 fiscal years 2006 through 2010, the Attorney Gen19 eral shall, subject to the availability of appropria20 tions for such purpose, increase by not less than 50 

21 the number of attorneys in the United States Attor22 neys’ office to litigate immigration cases in the Fed23 eral courts. 

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

25 years 2006 through 2010, the Attorney General 
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1 shall, subject to the availability of appropriations for 

2 such purpose, increase by not less than 50 the num3 ber of immigration judges. 

4 (5) AUTHORIZATION OF APPROPRIATIONS.— 

5 There are authorized to be appropriated to the De6 partment of Justice for each of fiscal years 2006 

7 through 2010 such sums as may be necessary to 

8 carry out this subsection, including the hiring of 

9 necessary support staff. 

10 SEC. 15. AUTOMATED ALIEN RECORDS. 

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

12 date of enactment of this Act, the Secretary of Homeland 

13 Security shall automate the storage of alien records in an 

14 electronic format that is interoperable with the alien 

15 record keeping systems of the Department of Justice and 

16 accessible by other Federal agencies for the purposes of 

17 administering the immigration laws of the United States. 

18 (b) EXISTING RECORDS.—The Secretary of Home19 land Security shall automate all alien records that were 

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

21 enactment of this Act. 

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

23 the Department of Homeland Security shall be responsible 

24 for oversight and management of automating the storage 

25 of alien records in an electronic format. 
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1 (d) OFFICIAL RECORD.—The automated alien record 

2 created under this section shall constitute the official 

3 record for purposes of the National Archives and Records 

4 Administration. 

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

6 shall report to the appropriate committees in Congress in 

7 2008 and 2010 on the progress made in automating alien 

8 records under this section. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary for each of the fiscal years 2006 through 2010 

12 to carry out this section. 

13 SEC. 16. INCREASE OF FEDERAL DETENTION SPACE. 

14 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

15 FACILITIES.— 

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

17 Security shall construct or acquire additional deten18 tion facilities in the United States. 

19 (2) DETERMINATION OF LOCATION.—The loca20 tion of any detention facility built or acquired in ac21 cordance with this subsection shall be determined by 

22 the Deputy Assistant Director of the Office of De23 tention and Removal Operations within the Bureau 

24 of Immigration and Customs Enforcement. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as necessary 

3 to carry out this section. 

4 SEC. 17. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

5 (a) TRANSFER OF PROGRAM.— 

6 (1) IN GENERAL.—Section 501 of the Immigra7 tion Reform and Control Act of 1986 (8 U.S.C. 

8 1365) is amended by striking ‘‘Attorney General’’ 

9 each place it appears and inserting ‘‘Secretary of 

10 Homeland Security’’. 

11 (2) CONTRACTS.—Section 241(i) of the Immi12 gration and Nationality Act (8 U.S.C. 1231(i)) is 

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

14 it appears and inserting ‘‘Secretary of Homeland Se15 curity’’. 

16 (b) REIMBURSEMENT FOR COSTS ASSOCIATED WITH

17 PROCESSING CRIMINAL ILLEGAL ALIENS.—The Secretary 

18 of Homeland Security shall reimburse States and units of 

19 local government for costs associated with processing ille20 gal aliens through the criminal justice system, including— 

21 (1) indigent defense; 

22 (2) criminal prosecution; 

23 (3) autopsies; 

24 (4) translators and interpreters; and 

25 (5) court costs. 
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 241(i)(5) of the Immigration and Nationality Act (8 

3 U.S.C. 1231(i)(5)) is amended by striking ‘‘appropriated’’ 

4 and all that follows through the period and inserting the 

5 following: ‘‘appropriated to carry out this subsection— 

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

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

8 and 

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

10 years 2008 through 2011.’’. 

11 SEC. 18. CONSTRUCTION. 

12 Nothing in this Act may be construed to require law 

13 enforcement personnel of a State or political subdivision 

14 of a State to— 

15 (1) report the identity of a victim of, or a wit16 ness to, a criminal offense to the Secretary of Home17 land Security for immigration enforcement purposes; 

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

19 of the immigration laws of the United States; or 

20 (3) enforce the immigration laws of the United 

21 States. 
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1 SEC. 19. STATE DEFINED. 

2 In this Act, the term ‘‘State’’ has the meaning given 

3 that term in section 101(a)(36) of the Immigration and 

4 Nationality Act (8 U.S.C. 1101 (a)(36)). 

Æ