I 

109TH CONGRESS 

2D SESSION H. R. 5523 

To align the immigration laws of the United States with the Mexican General 

Population Act. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2006 

Mr. LINDER (for himself and Mr. FORBES) introduced the following bill; which 

was referred to the Committee on the Judiciary, and in addition to the 

Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To align the immigration laws of the United States with 

the Mexican General Population Act. 

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; DEFINITIONS. 

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

5 ‘‘U.S. General Population Act’’. 

6 (b) DEFINITIONS.—In this Act: 

7 (1) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Homeland Security. 


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1 (2) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Homeland Security. 

3 (3) FOREIGNER.—The term ‘‘foreigner’’ means 

4 any person who is not a United States citizen or na5 tional. 

6 (4) GENERAL MINIMUM DAILY WAGE.—The 

7 term ‘‘general minimum daily wage’’ means— 

8 (A) the amount equal to the national min9 imum wage defined by law; multiplied by 

10 (B) the average number of daily hours 

11 worked in the United States, as calculated by 

12 the Secretary of Labor. 

13 TITLE I—OBJECTIVE AND 

14 PURPOSE 

15 SEC. 101. GENERAL OBJECTIVES OF DOMESTIC DEMO16 GRAPHIC POLICIES. 

17 For purposes of this Act, the Department of Home18 land Security shall issue and implement, or promote before 

19 the corresponding agencies or entities when applicable, 

20 such measures as may be necessary in order to— 

21 (1) influence population dynamics by way of 

22 educations systems, public health systems, profes23 sional and technical training systems, and child pro24 tection systems, and encourage the participation of 


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1 the collective populace in solving the problems that 

2 affect it; 

3 (2) regulate the immigration of foreigners ac4 cording to the modalities deemed appropriate, and 

5 ensure the best assimilation of same into the na6 tional environment as well as their proper distribu7 tion throughout the national territory; 

8 (3) restrict the emigration of United States citi9 zens and nationals when national interests so re10 quire; and 

11 (4) stimulate the establishment of strong popu12 lation cores of United States citizens and nationals 

13 in those border areas that are characterized by low 

14 population density. 

15 SEC. 102. IMPLEMENTATION OF PROCEDURES TO CARRY 

16 OUT DOMESTIC DEMOGRAPHIC POLICIES. 

17 For purposes of the preceding section, the United 

18 States Government, as well as other public-sector entities, 

19 based on their attributes as set forth by law, shall be re20 quired to apply and implement such procedures as may 

21 be necessary to achieve each of the objectives of the do22 mestic demographic policies. The Department of Home23 land Security, however, shall be exclusively responsible for 

24 establishing norms, handling joint initiatives, and coordiVerDate Aug 31 2005 05:29 Jun 09, 2006 Jkt 049196 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5523.IH H5523

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1 nating programs between said entities as relates to demo2 graphic matters. 

3 TITLE II—MIGRATION 

4 SEC. 201. INTERNATIONAL TRANSIT OF PERSONS. 

5 The international transit of persons by way of sea 

6 ports, airports, and border crossings may occur only at 

7 those places designated for such purposes, within the es8 tablished time periods, and with the intervention of the 

9 United States Customs and Border Protection. 

10 SEC. 202. AUTHORITY TO SUSPEND INTERNATIONAL TRAN11 SIT. 

12 The Department of Homeland Security may tempo13 rarily suspend international transit through airports, sea 

14 ports, and border crossings when public interests so re15 quire. 

16 SEC. 203. APPLICATION TO UNITED STATES AND FOREIGN 

17 CITIZENS AND NATIONALS. 

18 In order to enter or leave the country, both United 

19 States and foreign citizens and nationals must comply 

20 with the requisites set forth in this Act, the regulations 

21 thereto, and other applicable legal provisions. 

22 SEC. 204. ENTRY BY UNITED STATES CITIZENS AND NA23 TIONALS. 

24 United States citizens and nationals who enter the 

25 country shall be required to verify their nationality, submit 


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1 to a medical examination when deemed necessary, and 

2 provide such statistical data as may be required. In the 

3 case of a person infected with a contagious illness, the im4 migration officials shall expedite the standard procedures 

5 in the event said person must be allowed to enter the coun6 try in order to receive medical attention at such place as 

7 the public health officials shall indicate. 

8 SEC. 205. EXCEPTION TO INSPECTION REQUIREMENTS. 

9 The inspection set forth in section 204 shall not be 

10 required in the case of representatives of foreign govern11 ments who enter the country in an official capacity, nor 

12 their family members and employees. This exception shall 

13 also apply to those persons who are exempt from terri14 torial jurisdiction, based on international legislation, trea15 ties, or customary practices, if there exists reciprocity. 

16 SEC. 206. REGULATIONS APPLICABLE TO MARITIME POPU17 LATION CENTERS, BORDER TOWNS, AND AIR18 PORTS THAT RECEIVE INTERNATIONAL 

19 TRAFFIC. 

20 The Secretary of Homeland Security shall, in accord21 ance with the particular characteristics of each region, es22 tablish regulations applicable to those foreigners who visit 

23 maritime population centers, border towns, and airports 

24 that receive international traffic. The same shall apply 

25 with respect to daily traffic between border towns and 


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1 their neighboring towns across the border, in all cases re2 specting the applicable international treaties and conven3 tions. 

4 SEC. 207. DUTY OF GROUND, SEA, AND AIR TRANSPORT 

5 CARRIERS. 

6 The representatives and employees of ground, sea, 

7 and air transport carriers shall be required to verify that 

8 the foreign citizens and nationals the carriers bring into 

9 the country are duly documented. 

10 SEC. 208. PROHIBITION ON MARITIME TRANSPORT DISEM11 BARKATION WITHOUT INSPECTION. 

12 No passenger nor crew member arriving by maritime 

13 transport may disembark until the immigration officials 

14 have performed the corresponding inspection. 

15 SEC. 209. FOREIGN CREW MEMBERS OF AIR, GROUND, OR 

16 SEA TRANSPORT CARRIERS. 

17 Foreign crew members of air, ground, or sea trans18 port carriers may only remain within national territory for 

19 the authorized period of time. Any expenses incurred due 

20 to their deportation or exit from the country shall be cov21 ered by the owners or representatives of said carriers, be 

22 they companies, corporate entities of any kind, or individ23 uals. 


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1 SEC. 210. AIR TRANSPORT PILOTS, SHIP CAPTAINS, AND 

2 GROUND TRANSPORT DRIVERS. 

3 Air transport pilots, ship captains, and ground trans4 port drivers must present to immigration officials, at the 

5 time the entry or exit inspection is performed, a list of 

6 passenger and crew members, as well as the data nec7 essary for their identification. 

8 SEC. 211. PROHIBITION ON DISEMBARKATION OF NONCOM9 PLYING PASSENGERS. 

10 Those foreigners who do not comply with the req11 uisites established by this Act and the regulations hereto 

12 shall not be authorized to disembark, except for that fore13 seen under section 309(i). 

14 SEC. 212. FOREIGNERS IN TRANSIT. 

15 In the case of foreigners in transit who disembark 

16 with authorization from the Department of Homeland Se17 curity in a domestic port, and subsequently remain on land 

18 without legal authorization due to forces beyond their con19 trol after the ship or aircraft they were traveling on has 

20 left port, such persons must immediately present them21 selves to the Department of Homeland Security. In such 

22 cases, the Department shall take such measures as may 

23 be necessary relating to the immediate exit of such per24 sons. 


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1 SEC. 213. FOREIGNERS DENIED ENTRY. 

2 Those foreigners who are denied entry by the Depart3 ment, due either to insufficient documentation or lack of 

4 documentation, as well as stowaways, shall be required to 

5 leave the country at the expense of the transport company 

6 that brought them into the country, without prejudice to 

7 the penalties that may apply in accordance herewith. 

8 SEC. 214. VISITORS TO MARITIME CARRIER IN INTER9 NATIONAL TRANSIT. 

10 Visitors shall not be allowed to board any maritime 

11 carrier in international transit without prior authorization 

12 from the Departments of Homeland Security and Health 

13 and Human Services. 

14 SEC. 215. TRANSPORT COMPANY LIABILITY. 

15 Transport companies shall be liable for economic pen16 alties relating to violations of this Act and the regulations 

17 thereto committed by their employees, agents, or rep18 resentatives, without prejudice to any direct liability so in19 curred by said persons. 

20 TITLE III—IMMIGRATION 

21 SEC. 301. DEPARTMENT OF STATE DETERMINES NUMBER 

22 OF IMMIGRANTS. 

23 Based on the corresponding demographic studies, the 

24 Department of State shall determine the number of for25 eigners to be allowed into the country, either by activity 

26 category or by area of residence, and shall subject the imVerDate Aug 31 2005 05:29 Jun 09, 2006 Jkt 049196 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5523.IH H5523

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1 migration of foreigners to such modalities as may be 

2 deemed appropriate, according to their possibilities to con3 tribute to national progress. 

4 SEC. 302. DEPARTMENT OF HOMELAND SECURITY IMPOSES 

5 CONDITIONS ON IMMIGRANTS. 

6 The Department shall be able to impose conditions 

7 upon those foreigners who enter the country, with respect 

8 to the activities they shall be allowed to pursue, as well 

9 as the areas where they shall be allowed to reside. The 

10 Department shall also ensure that the immigrants rep11 resent useful elements to the country, and that they re12 ceive sufficient income to support themselves and, if appli13 cable, such persons as may depend on them economically. 

14 SEC. 303. TEMPORARY ADMISSION OF FOREIGNERS WHO 

15 SUFFER POLITICAL PERSECUTION OR WHO 

16 HAVE FLED FROM THEIR COUNTRY OF ORI17 GIN. 

18 Those foreigners who suffer political persecution or 

19 who have fled from their country of origin in the situations 

20 enumerated under section 309(e) shall be temporarily ad21 mitted by the Department while it resolves each case, 

22 without such resolution to be performed in the most expe23 dited manner possible. 


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1 SEC. 304. GROUNDS FOR DENYING FOREIGNERS ENTRY 

2 INTO THE UNITED STATES OR CHANGING IM3 MIGRATION CATEGORY OR STATUS. 

4 The Department shall be able to deny foreigners 

5 entry into the United States or a change in their immigra6 tion category or status in any of the following cases: 

7 (1) International reciprocity does not exist. 

8 (2) Domestic demographic equilibrium so re9 quires. 

10 (3) The quotas referred to in (visa cap limit 

11 provision) herein do not allow such entry or status 

12 change. 

13 (4) It is deemed that such entry or status 

14 change would be harmful to the economic interests 

15 of United States citizens and nationals. 

16 (5) The foreigner in question has violated do17 mestic laws or has negative references from abroad. 

18 (6) The foreigner in question has violated this 

19 Act, the regulations thereto, or other applicable ad20 ministrative provisions, or does not comply with the 

21 requisites set forth in same. 

22 (7) The foreigner in question is not deemed 

23 physically or mentally sound, in the opinion of the 

24 Department of Health and Human Services. 

25 (8) Other statutory provisions so stipulate. 


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1 SEC. 305. SUSPENSION OR PROHIBITION OF ADMISSION OF 

2 FOREIGNERS WHEN NATIONAL INTERESTS 

3 REQUIRE. 

4 The Department shall have the authority to suspend 

5 or prohibit the admission of foreigners when national in6 terests so require. 

7 SEC. 306. LEGAL STATUS FOR SPOUSES AND PARENTS OF 

8 UNITED STATES CITIZENS. 

9 When a foreign citizen or national marries a United 

10 States citizen or national, or has a child born in the 

11 United States, the Department may authorize legal status 

12 for that foreign citizen. 

13 SEC. 307. CHANGE IN LEGAL STATUS FOR SPOUSES AND 

14 PARENTS OF UNITED STATES CITIZENS. 

15 The Department may— 

16 (1) revoke the legal status of, and establish a 

17 time period for departure from the United States 

18 for, a foreign citizen or national described in section 

19 306 if the marital bond is dissolved or the foreign 

20 spouse fails to comply with the obligations estab21 lished by civil family support legislation; or 

22 (2) reconfirm or reassign another immigration 

23 status on that foreign citizen or national. 


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1 SEC. 308. NONIMMIGRANT AND IMMIGRANT CATEGORIES. 

2 Foreign citizens or nationals may legally enter the 

3 country with an immigration status corresponding to ei4 ther of the following categories: 

5 (1) Nonimmigrant. 

6 (2) Immigrant. 

7 SEC. 309. NONIMMIGRANT CATEGORIES. 

8 A nonimmigrant shall be a foreign citizen or national 

9 who enters the country temporarily with permission from 

10 the Department under one of the following categories: 

11 (1) Tourist. 

12 (2) Transmigrant. 

13 (3) Visitor. 

14 (4) Religious minister or associate. 

15 (5) Political asylee. 

16 (6) Refugee. 

17 (7) Student. 

18 (8) Distinguished visitor. 

19 (9) Local visitor. 

20 (10) Temporary visitor. 

21 (11) Correspondent. 

22 SEC. 310. REQUIREMENTS OF ADMISSION. 

23 Admission into the country granted to a foreigner 

24 shall obligate same to comply strictly with the conditions 

25 set forth in the visa as well as the provisions established 

26 by the respective legislation. 


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1 SEC. 311. IMMIGRANT DEFINED. 

2 An immigrant is a foreign citizen or national who en3 ters the country legally for purposes of residing therein 

4 while waiting to attain permanent resident status. 

5 SEC. 312. TERM OF AUTHORIZED ADMISSION FOR IMMI6 GRANTS. 

7 Immigrants shall be accepted for up to five years, and 

8 shall be required to demonstrate to the satisfaction of the 

9 Department that they are complying with the conditions 

10 established when their entry into the country was author11 ized, as well as with any other applicable immigration pro12 visions, in order for their immigration documents to be 

13 renewed, when applicable. 

14 SEC. 313. CHANGE IN CONDITIONS OF ADMISSION. 

15 If during the stay period granted the underlying con16 ditions allowing the immigrant’s stay are not complied 

17 with, the immigrant must notify the Department of the 

18 situation within fifteen days, so that the immigrant’s doc19 uments may be revoked and a time period set for the im20 migrant to either leave the country or normalize status, 

21 at the discretion of the Department. 

22 SEC. 314. INTERRUPTION IN PERIOD OF CONTINUOUS RESI23 DENCE IN UNITED STATES. 

24 An immigrant who remains outside the country for 

25 more than eighteen months either consecutively or inter26 mittently shall not be allowed to apply for permanent resiVerDate Aug 31 2005 05:29 Jun 09, 2006 Jkt 049196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H5523.IH H5523

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1 dent status until the time period set forth in section 319 

2 has transpired in its entirety once again. 

3 SEC. 315. LOSS OF STATUS DUE TO ABSENCE FROM UNITED 

4 STATES. 

5 An immigrant who remains out the country for more 

6 than two years shall lose status, except in those cases de7 termined by the Department. 

8 SEC. 316. IMMIGRANT CATEGORIES. 

9 The various immigrant categories are as follows: 

10 (1) Pensioner. 

11 (2) Investor. 

12 (3) Professional. 

13 (4) Confidential Employee. 

14 (5) Scientist. 

15 (6) Technician. 

16 (7) Family member. 

17 (8) Artist. 

18 (9) Athlete. 

19 (10) Assimilated person. 

20 SEC. 317. SCIENTIFIC OR TECHNICAL RESEARCH OR STUD21 IES. 

22 All foreigners who perform scientific or technical re23 search or studies in the United States shall deliver to the 

24 Department a copy of such works, even when same are 

25 completed, perfected, or printed abroad. 


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1 SEC. 318. MAXIMUM FACILITIES FOR THE TEMPORARY AD2 MISSION OF FOREIGNERS. 

3 In exceptional situations, the Department may estab4 lish measures to provide maximum facilities for the tem5 porary admission of foreigners. 

6 SEC. 319. APPLICATION FOR PERMANENT RESIDENT STA7 TUS AFTER 5 YEARS. 

8 Immigrants who have legally resided in the United 

9 States for five years— 

10 (1) may acquire permanent resident status, pro11 vided they have complied with the provisions of this 

12 Act and the regulations thereto and their activities 

13 have been honest and positive for the community. 

14 The interested party shall retain immigration status 

15 until such time as the Department has resolved the 

16 immigrant’s application for permanent resident sta17 tus; and 

18 (2) shall have his or her documents revoked and 

19 a time period set for that immigrant’s departure in 

20 the event the 5-year stay period allowed to an immi21 grant has expired and such immigrant has either not 

22 applied for permanent resident status within the 

23 time periods established by the regulations, or said 

24 status application has been denied, from the United 

25 States. In such cases the foreign citizen or national 


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1 may apply once again for immigrant status in ac2 cordance herewith. 

3 SEC. 320. EXPRESS DECLARATION REQUIRED FOR PERMA4 NENT RESIDENT STATUS. 

5 Express declaration from the Department shall be re6 quired in order to obtain permanent resident status. 

7 SEC. 321. AUTHORIZED ACTIVITIES OF PERMANENT RESI8 DENTS. 

9 A permanent resident may pursue any lawful activity, 

10 under such limitations as may be imposed by the Depart11 ment, in accordance with the regulations and other appli12 cable provisions. 

13 SEC. 322. REVOCATION OF PERMANENT RESIDENT STATUS 

14 DUE TO ABSENCE FROM UNITED STATES. 

15 A permanent resident may freely exit and enter the 

16 country, but shall have immigration status revoked if the 

17 permanent resident remains outside the country for more 

18 than 3 consecutive years, or for more than a total of 5 

19 years during a ten-year period. The 10-year period shall 

20 commence as of the date the permanent resident status 

21 is granted, in the manner and under the terms set forth 

22 in the regulations. 


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1 SEC. 323. OFFICIAL REPRESENTATIVES OF FOREIGN GOV2 ERNMENTS. 

3 Foreign diplomats and consular agents accredited in 

4 the country, as well as other officials who are in the 

5 United States for purposes of officially representing their 

6 respective governments, shall not acquire residence rights 

7 based solely on time periods. In the event such an official 

8 wishes to continue to reside in the United States upon the 

9 termination of official representation capacity, the person 

10 in question shall be required to comply with all ordinary 

11 requisites. In such cases, the Department shall be able to 

12 grant to such foreigners, for motives of reciprocity, such 

13 facilities as the corresponding foreign governments grant 

14 to those persons who have served as United States rep15 resentatives. 

16 SEC. 324. SINGLE IMMIGRATION STATUS PERMITTED. 

17 No foreigner may hold 2 immigration statuses nor 

18 pertain to 2 immigration categories simultaneously. 

19 SEC. 325. LIMITED IMMIGRATION STATUSES AND CAT20 EGORIES. 

21 The immigration statuses or categories described 

22 under section 309(1) may not be varied. Variation of the 

23 other categories of immigration status shall remain at the 

24 discretion of the Department, once the requisites estab25 lished herein for the new immigration status requested 

26 have been fulfilled. 


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1 SEC. 326. AUTHORIZATION REQUIRED FOR ADDITIONAL AC2 TIVITIES. 

3 Any foreigner who wishes to pursue activities other 

4 than those for which that foreigner has already been ex5 pressly authorized by the Department must receive per6 mission from the Department to pursue such activities. 

7 SEC. 327. NOTIFICATION REQUIRED OF CHANGE IN CIR8 CUMSTANCES. 

9 Those persons who have foreigners as employees or 

10 economic dependents shall be required to notify the De11 partment within fifteen days of any circumstance that may 

12 alter or modify the immigration conditions to which said 

13 foreigner are subject. The aforementioned persons shall 

14 also be required to cover the costs incurred due to the 

15 deportation of such foreigners in the event the Depart16 ment should order such deportation. 

17 SEC. 328. ADMISSIONS REQUIREMENTS. 

18 In order to enter the country, foreigners must comply 

19 with the following requisites: 

20 (1) Present an official certificate of good phys21 ical and mental health, issued by authorities from 

22 the country of origin, in those cases where the De23 partment shall so require. 

24 (2) Be approved of based on such examination 

25 as the Department of Health and Human Services 

26 may perform. 


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1 (3) Provide to the Department, under oath, 

2 such information as may be requested of them. 

3 (4) Identify themselves by way of proper and 

4 authentic documents and, if applicable, accredit their 

5 immigration status. 

6 (5) Present an official certificate of their con7 duct, issued by the corresponding authority of their 

8 normal place of residence, in those cases where the 

9 Department shall so require. 

10 (6) Comply with the requisites set forth in their 

11 entry permit. 

12 SEC. 329. REGISTRATION UPON ENTRY. 

13 Those foreigners who enter the country under immi14 gration status, and those nonimmigrants referred to in 

15 subsections (c), (d), (e), (f), and (g) of section 309 shall 

16 be required to register with the Department within 30 

17 days following the date of their entry. 

18 SEC. 330. VERIFICATION OF LAWFUL PRESENCE. 

19 Whenever required by the Department, foreign citi20 zens and nationals must verify that they have legally en21 tered and stayed in the United States, and must comply 

22 with such other requisites as may be set forth in this Act 

23 and the regulations thereto. 


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1 SEC. 331. NOTIFICATION OF CHANGES. 

2 Registered foreigners shall be required to notify the 

3 Department of any changes in their immigration status 

4 or category, nationality, civil status, address, and activi5 ties, within thirty days following such changes. 

6 SEC. 332. ACQUISITION OF SECURITIES, REAL ESTATE, 

7 BANK ACCOUNT. 

8 Regardless of their immigration status, foreigners 

9 may, either directly or by proxy, without the need for au10 thorization from the Department, acquire fixed or variable 

11 income securities and make bank deposits, as well as ac12 quire urban real property and rights. 

13 SEC. 333. EXCEPTION FOR FOREIGNERS IN TRANSIT. 

14 A foreigner in transit, due to the nature of his or 

15 her status, shall not be eligible to acquire the types of 

16 property referred to under section 332. 

17 SEC. 334. VERIFICATION OF LAWFUL PRESENCE TO GOV18 ERNMENT AUTHORITIES, NOTARIES PUBLIC, 

19 AND COMMERCIAL BROKERS. 

20 All Federal, State, and local authorities, as well as 

21 notaries public and those who substitute or take place of 

22 the same, and commercial brokers, shall be required to 

23 request those foreigners who deal with them to prove that 

24 they are staying in the country legally. In those cases set 

25 forth in regulation, such authorities, notaries, and brokers 

26 shall be required to request that the foreigners they deal 


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1 with accredit that their immigration status and category 

2 allow them to perform the act or enter into contract in 

3 question or, to the contrary, show that they have obtained 

4 special authorization from the Department for such ef5 fects. In those cases indicated in Regulation, such authori6 ties, notaries, and brokers shall notify the Department 

7 within a period no longer than 15 days following the act 

8 performed or contract entered into before them. 

9 SEC. 335. VERIFICATION OF LAWFUL PRESENCE TO CIVIL 

10 JUDGES OR OFFICIALS. 

11 Civil judges or officials shall not perform any act in12 volving the participation of any foreigner until the latter 

13 has first demonstrated that his or her stay in the country 

14 is legal, except in cases of the registration of births and 

15 deaths under the terms set forth in regulations of this Act. 

16 In cases involving the marriage of foreigners with United 

17 States citizens and nationals, they must also request au18 thorization from the Department. 

19 SEC. 336. REGISTRATION OF REQUIRED VERIFICATIONS. 

20 In all cases the verification referred to in this article 

21 must be recorded, and the Department must be given no22 tice of the act performed. 


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1 SEC. 337. REGISTRATION WITH DEPARTMENT OF MAR2 RIAGES AND DIVORCES. 

3 Marriages and divorces between United States citi4 zens and nationals and foreigners shall be recorded in a 

5 registry within the Department within 30 days following 

6 the date of same. 

7 SEC. 338. CERTIFICATION FROM DEPARTMENT REQUIRED 

8 FOR DIVORCE OR ANNULMENT. 

9 No judicial nor administrative authority shall process 

10 any divorce or marriage annulment involving foreigners 

11 unless the petition for same is accompanied by a certifi12 cation from the Department accrediting their legal resi13 dence in the United States, as well as a certification that 

14 their immigration status and category permit such act to 

15 be performed. 

16 SEC. 339. CERTIFICATES ACCREDITING LAWFUL STAY. 

17 The Department, upon request from the interested 

18 parties and within a period no greater than thirty working 

19 days, shall issue certificates accrediting their lawful stay 

20 in the country. 

21 SEC. 340. IMMIGRATION DETENTION CENTERS. 

22 The Department shall establish immigration deten23 tion centers in those places within areas of the United 

24 States deemed appropriate for purposes of holding, as a 

25 security measure if considered necessary, those foreigners 


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1 whose entry into the United States has been provisionally 

2 authorized, as well as those who are to be deported. 

3 SEC. 341. NOTIFICATION OF DEPARTMENT REGARDING 

4 CRIMINAL PROSECUTION OF FOREIGNERS. 

5 Judicial authorities shall be required to notify the De6 partment concerning the particulars of those foreigners 

7 who are being prosecuted, upon commencement of said 

8 process, along with information with respect to the crimes 

9 allegedly committed and any sentence entered. 

10 SEC. 342. NOTIFICATION OF DEPARTMENT CONCERNING 

11 CHANGES IN CIVIL STATUS AFFECTING FOR12 EIGNERS. 

13 The States shall require any civil or family court 

14 judge to notify the Department concerning changes in civil 

15 status affecting foreigners within five days following the 

16 date of the corresponding act, sentence, or resolution. 

17 SEC. 343. INTER-AGENCY COOPERATION. 

18 Those authorities who by law are responsible for Fed19 eral, State, or local public enforcement agencies shall col20 laborate with the Department upon request from the lat21 ter, for purposes of enforcing the provisions of this Act. 

22 SEC. 344. EMPLOYMENT AUTHORIZATION VERIFICATION. 

23 No one shall be able to employ foreigners who have 

24 not first verified their legal stay in the country and obVerDate Aug 31 2005 05:29 Jun 09, 2006 Jkt 049196 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H5523.IH H5523

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1 tained the specific authorization to render the service in 

2 question 

3 SEC. 345. DEEMED ABANDONMENT OF IMMIGRATION BEN4 EFIT REQUEST. 

5 In the event a company, a foreigner, or their legal 

6 representative does not comply with the requisites set 

7 forth by the Department for any immigration procedure 

8 within the time period established by the Department for 

9 such purposes, it shall be deemed that they have aban10 doned (desisted from pursuing) said procedure. 

11 SEC. 346. LIMITATION ON POLITICAL PARTICIPATION. 

12 An individual who is neither a United States citizen 

13 or national, nor a permanent legal resident, may not in 

14 any way participate in the political affairs of the United 

15 States. 

16 TITLE IV—NATIONAL 

17 POPULATION REGISTRY 

18 SEC. 401. CREATION OF NATIONAL POPULATION REGISTRY. 

19 The Department shall, through the creation of a Na20 tional Population Registry, be responsible for the registra21 tion and accreditation of the identity of all foreign persons 

22 who reside in the United States. 

23 SEC. 402. PURPOSE. 

24 The purpose of the National Population Registry 

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1 in the United States population, with such data as may 

2 be necessary to definitively certify and accredit their iden3 tity. 

4 SEC. 403. COMPOSITION. 

5 The Registry shall be comprised of the immigration 

6 information kept on record by the Department. 

7 SEC. 404. ASSIGNMENT OF CODE NUMBER. 

8 Upon being registered in the National Population 

9 Registry, each person shall be assigned a code number 

10 that shall be referred to as an Individual Population Reg11 istry Number, which shall serve to register and identify 

12 each person individually. 

13 SEC. 405. NORMS, METHODS, AND TECHNICAL PROCE14 DURES FOR NATIONAL POPULATION REG15 ISTRY. 

16 The Department shall establish the norms, methods, 

17 and technical procedures for the National Population Reg18 istry, and shall coordinate the identification and registra19 tion methods observed by the various Federal agencies. 

20 SEC. 406. LOCAL AUTHORITY CONTRIBUTION. 

21 Local authorities shall contribute to the composition 

22 of the National Population Registry for the following pur23 poses: 

24 (1) To adopt the norms referred to in section 

25 405. 


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1 (2) To collect information relating to births and 

2 deaths, in order to comprise the National Population 

3 Registry and maintain same permanently updated. 

4 (3) When registering births of children born to 

5 foreign parents, to include the Individual Population 

6 Registry Number on the corresponding birth certifi7 cate. 

8 SEC. 407. JUDICIAL NOTIFICATION. 

9 Judicial authorities shall be required to notify the De10 partment of any resolutions that affect an individual’s im11 migration rights or imply a modification of a persons reg12 istry data. 

13 SEC. 408. USE IN PREPARING ELECTION DOCUMENTATION. 

14 The Department shall provide to the respective States 

15 such National Population Registry information as may be 

16 necessary for the purposes of preparing election docu17 mentation, under the terms set forth by law. 

18 TITLE V—PENALTIES 

19 SEC. 501. DEPARTMENT EMPLOYEES. 

20 Employees of the Department shall be penalized with 

21 thirty days suspension, or dismissal in extreme cases, in 

22 the event they— 

23 (1) reveal matters of a confidential nature with24 out being authorized to do so; 


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1 (2) obstruct the normal processing of immigra2 tion matters, either maliciously or due to gross neg3 ligence; 

4 (3) intervene in the handling of the matters re5 ferred to in this Act, or provide for or advise upon 

6 a way for interested parties to avoid immigration 

7 provisions and procedures, either directly or by way 

8 of third persons; and 

9 (4) maliciously make improper use of immigra10 tion documents or provide same to third persons, 

11 without the authorization of the Secretary. 

12 SEC. 502. FEDERAL, STATE, AND LOCAL AUTHORITIES. 

13 Any Federal, State, or local authority who violates 

14 the provisions of this Act or the regulations thereto, when 

15 such violations do not constitute criminal offenses, shall 

16 be penalized by a fine of up to $9,000, and dismissal in 

17 the event of repeat violations. 

18 SEC. 503. AIDERS AND ABETTORS. 

19 A person who aids, abets, or advises any individual 

20 to violate the provisions of this Act and the regulations 

21 thereto in a manner that does not constitute a criminal 

22 offense, shall be punished by a fine of up to 100 times 

23 the general minimum daily wage in effect at the time the 

24 violation is committed, or by incarceration for 36 hours 

25 if such fine is not paid. 


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1 SEC. 504. FALSE SIGNATURE. 

2 A person who submits or signs any document or peti3 tion with a signature that is false or different from the 

4 one normally used shall be subject to a fine of up to 200 

5 times the general minimum daily wage in effect at the time 

6 the violation is committed, or by incarceration for 36 

7 hours if such fine is not paid, without prejudice to any 

8 penalties that may be incurred when such violation con9 stitutes a criminal offense. 

10 SEC. 505. FAILURE TO DEPART. 

11 A fine of up to $9,000 shall be imposed on any for12 eigner whose immigration status has been revoked and 

13 who has not complied with the orders from the Depart14 ment to leave the United States within the time period 

15 set for said purpose. 

16 SEC. 506. REENTRY AFTER DEPORTATION. 

17 Any foreigner who, after being deported, enters the 

18 country again without having obtained readmission au19 thorization shall receive up to 10 years in prison and be 

20 fined up to $9,000. The same penalty shall be imposed 

21 on any foreigner who fails to report or hides his or her 

22 deportee status in order to obtain a new entry permit. 

23 SEC. 507. UNAUTHORIZED OVERSTAYS. 

24 Any foreigner who, after initially having legally ob25 tained authorization to enter the country, remains in the 

26 country illegally due to noncompliance with or violation 


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1 of the administrative or legal provisions upon which his 

2 or her stay was conditioned shall receive up to 6 years 

3 in prison and be fined up to $9,000. 

4 SEC. 508. UNAUTHORIZED ACTIVITIES BY FOREIGNERS. 

5 A fine of up to $6,000 and imprisonment of up to 

6 eighteen months shall be imposed on any foreigner who 

7 performs activities for which he or she is not authorized 

8 in conformance with this Act or the entry permit granted 

9 by the Department. 

10 SEC. 509. CRIMINAL OR DISHONEST ACTS DURING. 

11 Any foreigner who violates the terms governing his 

12 or her stay in the country by performing unlawful or dis13 honest acts shall receive up to 2 years in prison and be 

14 fined up to $17,000. 

15 SEC. 510. FALSE CLAIM REGARDING IMMIGRATION STATUS. 

16 Any foreigner who maliciously makes use of or claims 

17 to hold an immigration status different from that granted 

18 to him or her by the Department shall receive up to 5 

19 years in prison and be fined up to $9,000. 

20 SEC. 511. UNLAWFUL ENTRY. 

21 Any foreigner who enters the country illegally shall 

22 receive up to two years in prison and be fined between 

23 $600 and $9,000. 


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1 SEC. 512. REVOCATION OF IMMIGRATION STATUS AND DE2 PORTATION. 

3 Any foreigner who commits the violations described 

4 in section 503, 505, 506, 507, 508, 509, 510, 513, 514, 

5 524, 525, or 526 of this Act shall have their immigration 

6 status revoked and shall be deported, without prejudice 

7 to the application of the penalties set forth in such sec8 tions. 

9 SEC. 513. PERMANENT AND TEMPORARY BARS FROM RE10 ENTRY. 

11 In those cases involving threats to national security 

12 or sovereignty, deportation shall be definitive. In all other 

13 cases, the Department shall determine the time period 

14 during which the deported foreigner shall not be allowed 

15 to reenter the country. During such period, the person so 

16 barred may only be readmitted upon authorization ex17 pressly issued by the Secretary. 

18 SEC. 514. MARRIAGE FRAUD. 

19 Any United States citizen who contracts marriage 

20 with a foreigner for the sole purpose of allowing the latter 

21 to reside in the country, receiving the benefits established 

22 by law in such cases, shall receive up to 5 years in prison 

23 and be fined up to $9,000. The same penalties shall apply 

24 to the foreigner involved in such a marriage. 


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1 SEC. 515. DEPORTATION AND DETENTION. 

2 The deportation of foreigners, as well as those meas3 ures established by the Department for holding foreigners 

4 in immigration detention centers or in locations used for 

5 such purposes prior to their detention, shall be of public 

6 order. 

7 SEC. 516. BONDS NOT PREVENTING DEPORTATION. 

8 Bonds required of foreigners by judicial or adminis9 trative authorities shall not prevent the execution of de10 portation orders issued by the Department against such 

11 foreigners. 

12 SEC. 517. MARITIME CARRIER PERMITTING UNAUTHOR13 IZED DISEMBARKATION. 

14 A fine of up to $6,000 shall be imposed on any mari15 time carrier that allows passengers or crew members to 

16 disembark on land before receiving the corresponding per17 mit from the Department. 

18 SEC. 518. DISEMBARKATION AT UNAUTHORIZED PLACE OR 

19 TIME. 

20 Except in cases of force majeure, the disembarking 

21 of persons arriving from abroad at places and times not 

22 indicated for such purposes shall be punished by a fine 

23 of up to $17,000, to be imposed on the responsible individ24 uals, the company involved, or its representatives or con25 signees. 


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1 SEC. 519. MARITIME AND AIRLINE CARRIERS BRINGING 

2 PASSENGERS WITHOUT VALID DOCUMENTS. 

3 Maritime carriers or airline companies that bring into 

4 the country foreigners without valid immigration docu5 ments shall be penalized with a fine of up to $9,000, with6 out prejudice to the possibility of the foreigner in question 

7 being turned back and the company being required to re8 turn same to his or her place of departure at the com9 pany’s expense. 

10 SEC. 520. MARITIME AND AIRLINE CARRIERS FAILING TO 

11 RETURN PASSENGERS DENIED ADMISSION. 

12 In the event a maritime carrier captain or person act13 ing in such capacity disobeys an order to transport pas14 sengers who have been turned back, said captain or acting 

15 captain, the carrier company, or its representatives or con16 signees shall be punished with a fine of up to $9,000. Air17 line companies shall be subject to the same fine. In either 

18 case a document shall be drawn up for purposes of record19 ing all the pertinent circumstances. 

20 SEC. 521. AUTHORIZING OR ORDERING TRANSPORT CAR21 RIER TO LEAVE THE UNITED STATES WITH22 OUT THE NECESSARY PERMIT. 

23 A fine of up to $2,000 shall be imposed on any person 

24 who authorizes or orders a transport carrier to leave the 

25 United States without the necessary permit from immigra26 tion officials. 


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1 SEC. 522. PASSENGERS IN TRANSIT WHO FAILURE TO RE2 PORT OVERSTAY. 

3 Foreigners who fail to comply with the obligation set 

4 forth in section 212 herein shall be punished by a fine 

5 of up to 100 times the general minimum daily wage in 

6 effect at the time the violation is committed, or by incar7 ceration for 36 hours if such fine is not paid. 

8 SEC. 523. VISITING A FOREIGN MARITIME CARRIER WITH9 OUT PERMISSION. 

10 Any person who visits a foreign maritime carrier 

11 without permission from immigration officials shall be 

12 punished with a fine of up to $900 or incarceration of 

13 up to 3 days. The same penalty shall be imposed on any 

14 person who, without being authorized to do so, allows a 

15 visit such as those referred to in the preceding paragraph. 

16 SEC. 524. TRAFFICKING. 

17 Imprisonment of between 6 and 12 years and a fine 

18 of between 100 and 10,000 times the general minimum 

19 daily wage in effect at the time the violation is committed 

20 shall be imposed on any person who— 

21 (1) for purposes of trafficking, either directly or 

22 through an intermediary transports or attempts to 

23 transport United States citizens or nationals or for24 eigners into another country without the cor25 responding documentation; 


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1 (2) either directly or through another person 

2 brings one or more foreigners into the United States 

3 without the corresponding documentation issued by 

4 an applicable authority; and 

5 (3) for purposes of trafficking, shelters or 

6 transports foreigners within the United States in 

7 order to hide such persons and avoid immigration 

8 inspections. 

9 SEC. 525. AIDING TRAFFICKING. 

10 Imprisonment of from 1 to 5 years and a fine of up 

11 to 5,000 times the general minimum daily wage in effect 

12 at the time the violation is committed shall be imposed 

13 on any person who knowingly provides the means to, offers 

14 to, or helps to carry out the acts described under section 

15 524. 

16 SEC. 526. ENHANCED PENALTIES FOR CERTAIN FORMS OF 

17 TRAFFICKING. 

18 The fines established under section 524 and 525 shall 

19 be increased by up to 50 percent in the event the acts 

20 described therein involve underage persons, or under con21 ditions or by means that endanger the life, health, or in22 tegrity of the undocumented persons, or in the event the 

23 principal is a public servant. 


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1 SEC. 527. PROCESSING DIVORCE OR MARRIAGE ANNUL2 MENT WITHOUT CERTIFICATION. 

3 Any judicial or administrative official who processes 

4 any divorce or marriage annulment involving foreigners, 

5 when the petition for same is not accompanied by a certifi6 cation from the Department accrediting their legal resi7 dence in the country, nor by a certification that their im8 migration status and category permit such act to be per9 formed, shall have his or her employment terminated, and 

10 shall be imprisoned for up to 6 months or be subject to 

11 a fine of up to $17,000, or both. Any such official shall 

12 be suspended from his or her functions upon the initiation 

13 of the prosecution of such offense. 

14 SEC. 528. PERMITTING FOREIGNER TO ESCAPE IMMIGRA15 TION CONTROLS. 

16 A fine of up to 1,000 times the general minimum 

17 daily wage in effect at the time the violation is committed 

18 shall be imposed on any person who takes custody of a 

19 foreigner and then allows said foreigner to escape immi20 gration controls, without prejudice to such penalties as 

21 may be incurred in the event such action constitutes a 

22 criminal offense. 

23 SEC. 529. OTHER ADMINISTRATIVE INFRACTIONS. 

24 Any administrative infraction of this Act or the regu25 lations thereto in immigration matters, with respect to 

26 cases not foreseen in this chapter, shall be subject to a 


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1 fine of up to 1,000 times the general minimum daily wage 

2 in effect at the time the violation is committed, or subject 

3 to detention for up to 36 hours if such fine is not paid. 

4 SEC. 530. COMPLAINT PROCEDURES. 

5 In the event of crimes committed in violation of the 

6 provisions of this Act, the criminal proceedings pursued 

7 by the United States Attorney General shall be subject 

8 to the complaint submitted by the Department in each 

9 case. 

Æ 


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