II 

110TH CONGRESS 

1ST SESSION S. 330 

To authorize secure borders and comprehensive immigration reform, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 18, 2007 

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

to the Committee on the Judiciary 

A BILL 

To authorize secure borders and comprehensive immigration 

reform, 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 ‘‘Border Security and Immigration Reform Act of 2007’’. 

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. Reference to the Immigration and Nationality Act. 

Sec. 3. Definitions. 

TITLE I—BORDER ENFORCEMENT 

Subtitle A—Assets for Controlling United States Borders 


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Sec. 101. Enforcement personnel. 

Sec. 102. Technological assets. 

Sec. 103. Infrastructure. 

Sec. 104. Border Patrol checkpoints. 

Sec. 105. Ports of entry. 

Sec. 106. Construction of strategic border fencing and vehicle barriers. 

Subtitle B—Border Security Plans, Strategies, and Reports 

Sec. 111. Surveillance plan. 

Sec. 112. National Strategy for Border Security. 

Sec. 113. Reports on improving the exchange of information on North American security. 

Sec. 114. Improving the security of Mexico’s southern border. 

Sec. 115. Combating human smuggling. 

Sec. 116. Deaths at United States-Mexico border. 

Sec. 117. Cooperation with the Government of Mexico. 

Subtitle C—Other Border Security Initiatives 

Sec. 121. Biometric data enhancements. 

Sec. 122. Secure communication. 

Sec. 123. Border Patrol training capacity review. 

Sec. 124. US–VISIT System. 

Sec. 125. Document fraud detection. 

Sec. 126. Improved document integrity. 

Sec. 127. Cancellation of visas. 

Sec. 128. Biometric entry-exit system. 

Sec. 129. Border study. 

Sec. 130. Secure Border Initiative financial accountability. 

Sec. 131. Mandatory detention for aliens apprehended at or between ports of 

entry. 

Sec. 132. Evasion of inspection or violation of arrival, reporting, entry, or clearance requirements. 

Sec. 133. Temporary National Guard support for securing the southern land 

border of the United States. 

Sec. 134. Report on incentives to encourage certain Members and former Members of the Armed Forces to serve in the Bureau of Customs 

and Border Protection. 

Sec. 135. Western Hemisphere Travel Initiative. 

Sec. 136. Recruitment and retention program. 

Subtitle D—Border Law Enforcement Relief Act 

Sec. 141. Short title. 

Sec. 142. Findings. 

Sec. 143. Border relief grant program. 

Sec. 144. Enforcement of Federal immigration law. 

Subtitle E—Rapid Response Measures 

Sec. 151. Deployment of Border Patrol agents. 

Sec. 152. Border Patrol major assets. 

Sec. 153. Electronic equipment. 

Sec. 154. Personal equipment. 

Sec. 155. Authorization of appropriations. 


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TITLE II—INTERIOR ENFORCEMENT 

Sec. 201. Removal and denial of benefits to terrorist aliens. 

Sec. 202. Detention and removal of aliens ordered removed. 

Sec. 203. Aggravated felony. 

Sec. 204. Terrorist bars. 

Sec. 205. Increased criminal penalties related to gang violence, removal, and 

alien smuggling. 

Sec. 206. Illegal entry. 

Sec. 207. Illegal reentry. 

Sec. 208. Reform of passport, visa, and immigration fraud offenses. 

Sec. 209. Inadmissibility and removal for passport and immigration fraud offenses. 

Sec. 210. Incarceration of criminal aliens. 

Sec. 211. Encouraging aliens to depart voluntarily. 

Sec. 212. Deterring aliens ordered removed from remaining in the United 

States unlawfully. 

Sec. 213. Prohibition of the sale of firearms to, or the possession of, firearms 

by certain aliens. 

Sec. 214. Uniform statute of limitations for certain immigration, naturalization, 

and peonage offenses. 

Sec. 215. Diplomatic security service. 

Sec. 216. Field agent allocation and background checks. 

Sec. 217. Construction. 

Sec. 218. State Criminal Alien Assistance Program. 

Sec. 219. Transportation and processing of illegal aliens apprehended by State 

and local law enforcement officers. 

Sec. 220. Reducing illegal immigration and alien smuggling on tribal lands. 

Sec. 221. Alternatives to detention. 

Sec. 222. Conforming amendment. 

Sec. 223. Reporting requirements. 

Sec. 224. State and local enforcement of Federal immigration laws. 

Sec. 225. Removal of drunk drivers. 

Sec. 226. Medical services in underserved areas. 

Sec. 227. Expedited removal. 

Sec. 228. Protecting immigrants from convicted sex offenders. 

Sec. 229. Law enforcement authority of States and political subdivisions and 

transfer to Federal custody. 

Sec. 230. Laundering of monetary instruments. 

Sec. 231. Listing of immigration violators in the National Crime Information 

Center database. 

Sec. 232. Cooperative enforcement programs. 

Sec. 233. 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. 234. Determination of Immigration status of individuals charged with Federal offenses. 

Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System. 

TITLE III—ILLEGAL ALIEN REGISTRATION 

Sec. 301. Registration for illegal workers. 

Sec. 302. Guest worker program. 

Sec. 303. Effective date. 

TITLE IV—PENALTIES 


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Sec. 401. Increased criminal penalties for document fraud. 

Sec. 402. Increased criminal penalties for certain crimes. 

Sec. 403. Additional penalties. 

TITLE V—REMOVAL AND VIOLATION TRACKING 

Sec. 501. Institutional removal program. 

Sec. 502. Authorization for detention after completion of state or local prison 

sentence. 

Sec. 503. Use of the National Crime Information Center Database to track violations of immigration law. 

TITLE VI—BORDER SECURITY CERTIFICATION 

Sec. 601. Border security certification. 

1 SEC. 2. REFERENCE TO THE IMMIGRATION AND NATION2 ALITY ACT. 

3 Except as otherwise expressly provided, whenever in 

4 this Act an amendment or repeal is expressed in terms 

5 of an amendment to, or repeal of, a section or other provi6 sion, the reference shall be considered to be made to a 

7 section or other provision of the Immigration and Nation8 ality Act (8 U.S.C. 1101 et seq.). 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) DEPARTMENT.—Except as otherwise pro12 vided, the term ‘‘Department’’ means the Depart13 ment of Homeland Security. 

14 (2) SECRETARY.—Except as otherwise provided, 

15 the term ‘‘Secretary’’ means the Secretary of Home16 land Security. 


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1 TITLE I—BORDER 

2 ENFORCEMENT 

3 Subtitle A—Assets for Controlling 

4 United States Borders 

5 SEC. 101. ENFORCEMENT PERSONNEL. 

6 (a) ADDITIONAL PERSONNEL.— 

7 (1) PORT OF ENTRY INSPECTORS.—In each of 

8 the fiscal years 2008 through 2012, the Secretary 

9 shall, subject to the availability of appropriations, in10 crease by not less than 500 the number of positions 

11 for full-time active duty port of entry inspectors and 

12 provide appropriate training, equipment, and sup13 port to such additional inspectors. 

14 (2) INVESTIGATIVE PERSONNEL.— 

15 (A) IMMIGRATION AND CUSTOMS EN16 FORCEMENT INVESTIGATORS.—Section 5203 of 

17 the Intelligence Reform and Terrorism Preven18 tion Act of 2004 (Public Law 108–458; 118 

19 Stat. 3734) is amended by striking ‘‘800’’ and 

20 inserting ‘‘1000’’. 

21 (B) ADDITIONAL PERSONNEL.—In addi22 tion to the positions authorized under section 

23 5203 of the Intelligence Reform and Terrorism 

24 Prevention Act of 2004, as amended by sub25 paragraph (A), during each of the fiscal years 


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1 2008 through 2012, the Secretary shall, subject 

2 to the availability of appropriations, increase by 

3 not less than 200 the number of positions for 

4 personnel within the Department assigned to 

5 investigate alien smuggling. 

6 (3) DEPUTY UNITED STATES MARSHALS.—In 

7 each of the fiscal years 2008 through 2012, the At8 torney General shall, subject to the availability of 

9 appropriations, increase by not less than 50 the 

10 number of positions for full-time active duty Deputy 

11 United States Marshals that investigate criminal 

12 matters related to immigration. 

13 (4) RECRUITMENT OF FORMER MILITARY PER14 SONNEL.— 

15 (A) IN GENERAL.—The Commissioner of 

16 United States Customs and Border Protection, 

17 in conjunction with the Secretary of Defense or 

18 a designee of the Secretary of Defense, shall es19 tablish a program to actively recruit members 

20 of the Army, Navy, Air Force, Marine Corps, 

21 and Coast Guard who have elected to separate 

22 from active duty. 

23 (B) REPORT.—Not later than 180 days 

24 after the date of the enactment of this Act, the 

25 Commissioner shall submit a report on the imVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 plementation of the recruitment program estab2 lished pursuant to subparagraph (A) to the 

3 Committee on the Judiciary of the Senate and 

4 the Committee on the Judiciary of the House of 

5 Representatives. 

6 (b) AUTHORIZATION OF APPROPRIATIONS.— 

7 (1) PORT OF ENTRY INSPECTORS.—There are 

8 authorized to be appropriated to the Secretary such 

9 sums as may be necessary for each of the fiscal 

10 years 2008 through 2012 to carry out paragraph (1) 

11 of subsection (a). 

12 (2) DEPUTY UNITED STATES MARSHALS.— 

13 There are authorized to be appropriated to the At14 torney General such sums as may be necessary for 

15 each of the fiscal years 2008 through 2012 to carry 

16 out subsection (a)(3). 

17 (3) BORDER PATROL AGENTS.—Section 5202 of 

18 the Intelligence Reform and Terrorism Prevention 

19 Act of 2004 (118 Stat. 3734) is amended to read as 

20 follows: 

21 ‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL 

22 AGENTS. 

23 ‘‘(a) ANNUAL INCREASES.—The Secretary of Home24 land Security shall, subject to the availability of appropria25 tions for such purpose, increase the number of positions 


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1 for full-time active-duty border patrol agents within the 

2 Department of Homeland Security (above the number of 

3 such positions for which funds were appropriated for the 

4 preceding fiscal year), by— 

5 ‘‘(1) 2,800 in fiscal year 2008; 

6 ‘‘(2) 2,800 in fiscal year 2009; 

7 ‘‘(3) 2,800 in fiscal year 2010; 

8 ‘‘(4) 2,800 in fiscal year 2011; and 

9 ‘‘(5) 2,800 in fiscal year 2012; 

10 ‘‘(b) NORTHERN BORDER.—In each of the fiscal 

11 years 2008 through 2012, in addition to the border patrol 

12 agents assigned along the northern border of the United 

13 States during the previous fiscal year, the Secretary shall 

14 assign a number of border patrol agents equal to not less 

15 than 20 percent of the net increase in border patrol agents 

16 during each such fiscal year. 

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated such sums as may be 

19 necessary for each of fiscal years 2008 through 2012 to 

20 carry out this section.’’. 

21 SEC. 102. TECHNOLOGICAL ASSETS. 

22 (a) ACQUISITION.— 

23 (1) IN GENERAL.—Subject to the availability of 

24 appropriations, the Secretary shall procure addi25 tional unmanned aerial vehicles and related equipVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 ment as described in paragraph (2), cameras, poles, 

2 sensors, and other technologies necessary to achieve 

3 operational control of the international borders of 

4 the United States and to establish a security perim5 eter known as a ‘‘virtual fence’’ along such inter6 national borders to provide a barrier to illegal immi7 gration. 

8 (2) UNMANNED AERIAL VEHICLES.—The un9 manned aerial vehicles and related equipment de10 scribed in this paragraph are MQ-9 unmanned aerial 

11 vehicles and related equipment including— 

12 (A) additional sensors; 

13 (B) critical spares; 

14 (C) satellite command and control; and 

15 (D) other necessary equipment for oper16 ational support. 

17 (b) INCREASED AVAILABILITY OF EQUIPMENT.—The 

18 Secretary and the Secretary of Defense shall develop and 

19 implement a plan to use authorities provided to the Sec20 retary of Defense under chapter 18 of title 10, United 

21 States Code, to increase the availability and use of Depart22 ment of Defense equipment, including unmanned aerial 

23 vehicles, tethered aerostat radars, and other surveillance 

24 equipment, to assist the Secretary in carrying out surveil25 lance activities conducted at or near the international land 


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1 borders of the United States to prevent illegal immigra2 tion. 

3 (c) REPORT.—Not later than 6 months after the date 

4 of enactment of this Act, the Secretary and the Secretary 

5 of Defense shall submit to Congress a report that con6 tains— 

7 (1) a description of the current use of Depart8 ment of Defense equipment to assist the Secretary 

9 in carrying out surveillance of the international land 

10 borders of the United States and assessment of the 

11 risks to citizens of the United States and foreign 

12 policy interests associated with the use of such 

13 equipment; 

14 (2) the plan developed under subsection (b) to 

15 increase the use of Department of Defense equip16 ment to assist such surveillance activities; and 

17 (3) a description of the types of equipment and 

18 other support to be provided by the Secretary of De19 fense under such plan during the 1-year period be20 ginning on the date of the submission of the report. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There are authorized to be 

23 appropriated to the Secretary such sums as may be 

24 necessary for each of the fiscal years 2008 through 


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1 2012 to carry out subsection (a), including to carry 

2 out paragraph (2) of such subsection— 

3 (A) $178,400,000 for fiscal year 2008; and 

4 (B) $276,000,000 for fiscal year 2009. 

5 (2) AVAILABILITY OF FUNDS.—Amounts appro6 priated pursuant to the authorization of appropria7 tions set out in subparagraphs (A) and (B) of para8 graph (1) are authorized to remain available until 

9 expended. 

10 (e) UNMANNED AERIAL VEHICLE PILOT PRO11 GRAM.—During the 1-year period beginning on the date 

12 on which the report is submitted under subsection (c), the 

13 Secretary shall conduct a pilot program to test unmanned 

14 aerial vehicles for border surveillance along the inter15 national border between Canada and the United States. 

16 (f) CONSTRUCTION.—Nothing in this section may be 

17 construed as altering or amending the prohibition on the 

18 use of any part of the Army or the Air Force as a posse 

19 comitatus under section 1385 of title 18, United States 

20 Code. 

21 SEC. 103. INFRASTRUCTURE. 

22 (a) CONSTRUCTION OF BORDER CONTROL FACILI23 TIES.—Subject to the availability of appropriations, the 

24 Secretary shall construct all-weather roads and acquire 

25 additional vehicle barriers and facilities necessary to 


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1 achieve operational control of the international borders of 

2 the United States. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

5 sums as may be necessary for each of the fiscal years 2008 

6 through 2012 to carry out subsection (a). 

7 SEC. 104. BORDER PATROL CHECKPOINTS. 

8 The Secretary may maintain temporary or permanent 

9 checkpoints on roadways in border patrol sectors that are 

10 located in proximity to the international border between 

11 the United States and Mexico. 

12 SEC. 105. PORTS OF ENTRY. 

13 The Secretary is authorized to— 

14 (1) construct additional ports of entry along the 

15 international land borders of the United States, at 

16 locations to be determined by the Secretary; and 

17 (2) make necessary improvements to the ports 

18 of entry in existence on the date of the enactment 

19 of this Act. 

20 SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENC21 ING AND VEHICLE BARRIERS. 

22 (a) TUCSON SECTOR.—The Secretary shall— 

23 (1) replace all aged, deteriorating, or damaged 

24 primary fencing in the Tucson Sector located proxi25 mate to population centers in Douglas, Nogales, 


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1 Naco, and Lukeville, Arizona with double- or triple2 layered fencing running parallel to the international 

3 border between the United States and Mexico; 

4 (2) extend the double- or triple-layered fencing 

5 for a distance of not less than 2 miles beyond urban 

6 areas, except that the double- or triple-layered fence 

7 shall extend west of Naco, Arizona, for a distance of 

8 10 miles; and 

9 (3) construct not less than 150 miles of vehicle 

10 barriers and all-weather roads in the Tucson Sector 

11 running parallel to the international border between 

12 the United States and Mexico in areas that are 

13 known transit points for illegal cross-border traffic. 

14 (b) YUMA SECTOR.—The Secretary shall— 

15 (1) replace all aged, deteriorating, or damaged 

16 primary fencing in the Yuma Sector located proxi17 mate to population centers in Yuma, Somerton, and 

18 San Luis, Arizona with double- or triple-layered 

19 fencing running parallel to the international border 

20 between the United States and Mexico; 

21 (2) extend the double- or triple-layered fencing 

22 for a distance of not less than 2 miles beyond urban 

23 areas in the Yuma Sector; and 

24 (3) construct not less than 50 miles of vehicle 

25 barriers and all-weather roads in the Yuma Sector 


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1 running parallel to the international border between 

2 the United States and Mexico in areas that are 

3 known transit points for illegal cross-border traffic. 

4 (c) OTHER HIGH TRAFFICKED AREAS.—The Sec5 retary shall construct not less than 370 miles of triple6 layered fencing which may include portions already con7 structed in San Diego Tucson and Yuma Sectors, and 500 

8 miles of vehicle barriers in other areas along the southwest 

9 border that the Secretary determines are areas that are 

10 most often used by smugglers and illegal aliens attempting 

11 to gain illegal entry into the United States. 

12 (d) CONSTRUCTION DEADLINE.—The Secretary shall 

13 immediately commence construction of the fencing, bar14 riers, and roads described in subsections (a), (b), and (c) 

15 and shall complete such construction not later than 2 

16 years after the date of the enactment of this Act. 

17 (e) REPORT.—Not later than 1 year after the date 

18 of the enactment of this Act, the Secretary shall submit 

19 a report to the Committee on the Judiciary of the Senate 

20 and the Committee on the Judiciary of the House of Rep21 resentatives that describes the progress that has been 

22 made in constructing the fencing, barriers, and roads de23 scribed in subsections (a), (b), and (c). 


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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 Subtitle B—Border Security Plans, 

5 Strategies, and Reports 

6 SEC. 111. SURVEILLANCE PLAN. 

7 (a) REQUIREMENT FOR PLAN.—The Secretary shall 

8 develop a comprehensive plan for the systematic surveil9 lance of the international land and maritime borders of 

10 the United States. 

11 (b) CONTENT.—The plan required by subsection (a) 

12 shall include the following: 

13 (1) An assessment of existing technologies em14 ployed on the international land and maritime bor15 ders of the United States. 

16 (2) A description of the compatibility of new 

17 surveillance technologies with surveillance tech18 nologies in use by the Secretary on the date of the 

19 enactment of this Act. 

20 (3) A description of how the Commissioner of 

21 the United States Customs and Border Protection of 

22 the Department is working, or is expected to work, 

23 with the Under Secretary for Science and Tech24 nology of the Department to identify and test sur25 veillance technology. 


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1 (4) A description of the specific surveillance 

2 technology to be deployed. 

3 (5) Identification of any obstacles that may im4 pede such deployment. 

5 (6) A detailed estimate of all costs associated 

6 with such deployment and with continued mainte7 nance of such technologies. 

8 (7) A description of how the Secretary is work9 ing with the Administrator of the Federal Aviation 

10 Administration on safety and airspace control issues 

11 associated with the use of unmanned aerial vehicles. 

12 (c) SUBMISSION TO CONGRESS.—Not later than 6 

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

14 Secretary shall submit to Congress the plan required by 

15 this section. 

16 SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY. 

17 (a) REQUIREMENT FOR STRATEGY.—The Secretary, 

18 in consultation with the heads of other appropriate Fed19 eral agencies, shall develop a National Strategy for Border 

20 Security that describes actions to be carried out to achieve 

21 operational control over all ports of entry into the United 

22 States and the international land and maritime borders 

23 of the United States. 

24 (b) CONTENT.—The National Strategy for Border 

25 Security shall include the following: 


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1 (1) The implementation schedule for the com2 prehensive plan for systematic surveillance described 

3 in section 111. 

4 (2) An assessment of the threat posed by ter5 rorists and terrorist groups that may try to infiltrate 

6 the United States at locations along the inter7 national land and maritime borders of the United 

8 States. 

9 (3) A risk assessment for all United States 

10 ports of entry and all portions of the international 

11 land and maritime borders of the United States that 

12 includes a description of activities being under13 taken— 

14 (A) to prevent the entry of terrorists, other 

15 unlawful aliens, instruments of terrorism, nar16 cotics, and other contraband into the United 

17 States; and 

18 (B) to protect critical infrastructure at or 

19 near such ports of entry or borders. 

20 (4) An assessment of the legal requirements 

21 that prevent achieving and maintaining operational 

22 control over the entire international land and mari23 time borders of the United States. 

24 (5) An assessment of the most appropriate, 

25 practical, and cost-effective means of defending the 


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1 international land and maritime borders of the 

2 United States against threats to security and illegal 

3 transit, including intelligence capacities, technology, 

4 equipment, personnel, and training needed to ad5 dress security vulnerabilities. 

6 (6) An assessment of staffing needs for all bor7 der security functions, taking into account threat 

8 and vulnerability information pertaining to the bor9 ders and the impact of new security programs, poli10 cies, and technologies. 

11 (7) A description of the border security roles 

12 and missions of Federal, State, regional, local, and 

13 tribal authorities, and recommendations regarding 

14 actions the Secretary can carry out to improve co15 ordination with such authorities to enable border se16 curity and enforcement activities to be carried out in 

17 a more efficient and effective manner. 

18 (8) An assessment of existing efforts and tech19 nologies used for border security and the effect of 

20 the use of such efforts and technologies on civil 

21 rights, personal property rights, privacy rights, and 

22 civil liberties, including an assessment of efforts to 

23 take into account asylum seekers, trafficking vic24 tims, unaccompanied minor aliens, and other vulner25 able populations. 


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1 (9) A prioritized list of research and develop2 ment objectives to enhance the security of the inter3 national land and maritime borders of the United 

4 States. 

5 (10) A description of ways to ensure that the 

6 free flow of travel and commerce is not diminished 

7 by efforts, activities, and programs aimed at secur8 ing the international land and maritime borders of 

9 the United States. 

10 (11) An assessment of additional detention fa11 cilities and beds that are needed to detain unlawful 

12 aliens apprehended at United States ports of entry 

13 or along the international land borders of the United 

14 States. 

15 (12) A description of the performance metrics 

16 to be used to ensure accountability by the bureaus 

17 of the Department in implementing such Strategy. 

18 (13) A schedule for the implementation of the 

19 security measures described in such Strategy, includ20 ing a prioritization of security measures, realistic 

21 deadlines for addressing the security and enforce22 ment needs, an estimate of the resources needed to 

23 carry out such measures, and a description of how 

24 such resources should be allocated. 


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1 (c) CONSULTATION.—In developing the National 

2 Strategy for Border Security, the Secretary shall consult 

3 with representatives of— 

4 (1) State, local, and tribal authorities with re5 sponsibility for locations along the international land 

6 and maritime borders of the United States; and 

7 (2) appropriate private sector entities, non8 governmental organizations, and affected commu9 nities that have expertise in areas related to border 

10 security. 

11 (d) COORDINATION.—The National Strategy for Bor12 der Security shall be consistent with the National Strategy 

13 for Maritime Security developed pursuant to Homeland 

14 Security Presidential Directive 13, dated December 21, 

15 2004. 

16 (e) SUBMISSION TO CONGRESS.— 

17 (1) STRATEGY.—Not later than 1 year after the 

18 date of the enactment of this Act, the Secretary 

19 shall submit to Congress the National Strategy for 

20 Border Security. 

21 (2) UPDATES.—The Secretary shall submit to 

22 Congress any update of such Strategy that the Sec23 retary determines is necessary, not later than 30 

24 days after such update is developed. 


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1 (f) IMMEDIATE ACTION.—Nothing in this section or 

2 section 111 may be construed to relieve the Secretary of 

3 the responsibility to take all actions necessary and appro4 priate to achieve and maintain operational control over the 

5 entire international land and maritime borders of the 

6 United States. 

7 SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF IN8 FORMATION ON NORTH AMERICAN SECU9 RITY. 

10 (a) REQUIREMENT FOR REPORTS.—Not later than 1 

11 year after the date of the enactment of this Act, and annu12 ally thereafter, the Secretary of State, in coordination with 

13 the Secretary and the heads of other appropriate Federal 

14 agencies, shall submit to Congress a report on improving 

15 the exchange of information related to the security of 

16 North America. 

17 (b) CONTENTS.—Each report submitted under sub18 section (a) shall contain a description of the following: 

19 (1) SECURITY CLEARANCES AND DOCUMENT IN20 TEGRITY.—The progress made toward the develop21 ment of common enrollment, security, technical, and 

22 biometric standards for the issuance, authentication, 

23 validation, and repudiation of secure documents, in24 cluding— 


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1 (A) technical and biometric standards 

2 based on best practices and consistent with 

3 international standards for the issuance, au4 thentication, validation, and repudiation of trav5 el documents, including— 

6 (i) passports; 

7 (ii) visas; and 

8 (iii) permanent resident cards; 

9 (B) working with Canada and Mexico to 

10 encourage foreign governments to enact laws to 

11 combat alien smuggling and trafficking, and 

12 laws to forbid the use and manufacture of 

13 fraudulent travel documents and to promote in14 formation sharing; 

15 (C) applying the necessary pressures and 

16 support to ensure that other countries meet 

17 proper travel document standards and are com18 mitted to travel document verification before 

19 the citizens of such countries travel internation20 ally, including travel by such citizens to the 

21 United States; and 

22 (D) providing technical assistance for the 

23 development and maintenance of a national 

24 database built upon identified best practices for 


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1 biometrics associated with visa and travel docu2 ments. 

3 (2) IMMIGRATION AND VISA MANAGEMENT.— 

4 The progress of efforts to share information regard5 ing high-risk individuals who may attempt to enter 

6 Canada, Mexico, or the United States, including the 

7 progress made— 

8 (A) in implementing the Statement of Mu9 tual Understanding on Information Sharing, 

10 signed by Canada and the United States in 

11 February 2003; and 

12 (B) in identifying trends related to immi13 gration fraud, including asylum and document 

14 fraud, and to analyze such trends. 

15 (3) VISA POLICY COORDINATION AND IMMIGRA16 TION SECURITY.—The progress made by Canada, 

17 Mexico, and the United States to enhance the secu18 rity of North America by cooperating on visa policy 

19 and identifying best practices regarding immigration 

20 security, including the progress made— 

21 (A) in enhancing consultation among offi22 cials who issue visas at the consulates or em23 bassies of Canada, Mexico, or the United States 

24 throughout the world to share information, 

25 trends, and best practices on visa flows; 


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1 (B) in comparing the procedures and poli2 cies of Canada and the United States related to 

3 visitor visa processing, including— 

4 (i) application process; 

5 (ii) interview policy; 

6 (iii) general screening procedures; 

7 (iv) visa validity; 

8 (v) quality control measures; and 

9 (vi) access to appeal or review; 

10 (C) in exploring methods for Canada, Mex11 ico, and the United States to waive visa re12 quirements for nationals and citizens of the 

13 same foreign countries; 

14 (D) in providing technical assistance for 

15 the development and maintenance of a national 

16 database built upon identified best practices for 

17 biometrics associated with immigration viola18 tors; 

19 (E) in developing and implementing an im20 migration security strategy for North America 

21 that works toward the development of a com22 mon security perimeter by enhancing technical 

23 assistance for programs and systems to support 

24 advance automated reporting and risk targeting 

25 of international passengers; 


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1 (F) in sharing information on lost and sto2 len passports on a real-time basis among immi3 gration or law enforcement officials of Canada, 

4 Mexico, and the United States; and 

5 (G) in collecting 10 fingerprints from each 

6 individual who applies for a visa. 

7 (4) NORTH AMERICAN VISITOR OVERSTAY PRO8 GRAM.—The progress made by Canada and the 

9 United States in implementing parallel entry-exit 

10 tracking systems that, while respecting the privacy 

11 laws of both countries, share information regarding 

12 third country nationals who have overstayed their 

13 period of authorized admission in either Canada or 

14 the United States. 

15 (5) TERRORIST WATCH LISTS.—The progress 

16 made in enhancing the capacity of the United States 

17 to combat terrorism through the coordination of 

18 counterterrorism efforts, including the progress 

19 made— 

20 (A) in developing and implementing bilat21 eral agreements between Canada and the 

22 United States and between Mexico and the 

23 United States to govern the sharing of terrorist 

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1 merate the uses of such data by the govern2 ments of each country; 

3 (B) in establishing appropriate linkages 

4 among Canada, Mexico, and the United States 

5 Terrorist Screening Center; and 

6 (C) in exploring with foreign governments 

7 the establishment of a multilateral watch list 

8 mechanism that would facilitate direct coordina9 tion between the country that identifies an indi10 vidual as an individual included on a watch list, 

11 and the country that owns such list, including 

12 procedures that satisfy the security concerns 

13 and are consistent with the privacy and other 

14 laws of each participating country. 

15 (6) MONEY LAUNDERING, CURRENCY SMUG16 GLING, AND ALIEN SMUGGLING.—The progress made 

17 in improving information sharing and law enforce18 ment cooperation in combating organized crime, in19 cluding the progress made— 

20 (A) in combating currency smuggling, 

21 money laundering, alien smuggling, and traf22 ficking in alcohol, firearms, and explosives; 

23 (B) in implementing the agreement be24 tween Canada and the United States known as 

25 the Firearms Trafficking Action Plan; 


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1 (C) in determining the feasibility of formu2 lating a firearms trafficking action plan be3 tween Mexico and the United States; 

4 (D) in developing a joint threat assessment 

5 on organized crime between Canada and the 

6 United States; 

7 (E) in determining the feasibility of formu8 lating a joint threat assessment on organized 

9 crime between Mexico and the United States; 

10 (F) in developing mechanisms to exchange 

11 information on findings, seizures, and capture 

12 of individuals transporting undeclared currency; 

13 and 

14 (G) in developing and implementing a plan 

15 to combat the transnational threat of illegal 

16 drug trafficking. 

17 (7) LAW ENFORCEMENT COOPERATION.—The 

18 progress made in enhancing law enforcement co19 operation among Canada, Mexico, and the United 

20 States through enhanced technical assistance for the 

21 development and maintenance of a national database 

22 built upon identified best practices for biometrics as23 sociated with known and suspected criminals or ter24 rorists, including exploring the formation of law en25 forcement teams that include personnel from the 


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1 United States and Mexico, and appropriate proce2 dures for such teams. 

3 SEC. 114. IMPROVING THE SECURITY OF MEXICO’S SOUTH4 ERN BORDER. 

5 (a) TECHNICAL ASSISTANCE.—The Secretary of 

6 State, in coordination with the Secretary, shall work to 

7 cooperate with the head of Foreign Affairs Canada and 

8 the appropriate officials of the Government of Mexico to 

9 establish a program— 

10 (1) to assess the specific needs of Guatemala 

11 and Belize in maintaining the security of the inter12 national borders of such countries; 

13 (2) to use the assessment made under para14 graph (1) to determine the financial and technical 

15 support needed by Guatemala and Belize from Can16 ada, Mexico, and the United States to meet such 

17 needs; 

18 (3) to provide technical assistance to Guatemala 

19 and Belize to promote issuance of secure passports 

20 and travel documents by such countries; and 

21 (4) to encourage Guatemala and Belize— 

22 (A) to control alien smuggling and traf23 ficking; 

24 (B) to prevent the use and manufacture of 

25 fraudulent travel documents; and 


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1 (C) to share relevant information with 

2 Mexico, Canada, and the United States. 

3 (b) BORDER SECURITY FOR BELIZE, GUATEMALA, 

4 AND MEXICO.—The Secretary, in consultation with the 

5 Secretary of State, shall work to cooperate— 

6 (1) with the appropriate officials of the Govern7 ment of Guatemala and the Government of Belize to 

8 provide law enforcement assistance to Guatemala 

9 and Belize that specifically addresses immigration 

10 issues to increase the ability of the Government of 

11 Guatemala to dismantle human smuggling organiza12 tions and gain additional control over the inter13 national border between Guatemala and Belize; and 

14 (2) with the appropriate officials of the Govern15 ment of Belize, the Government of Guatemala, the 

16 Government of Mexico, and the governments of 

17 neighboring contiguous countries to establish a pro18 gram to provide needed equipment, technical assist19 ance, and vehicles to manage, regulate, and patrol 

20 the international borders between Mexico and Guate21 mala and between Mexico and Belize. 

22 (c) TRACKING CENTRAL AMERICAN GANGS.—The 

23 Secretary of State, in coordination with the Secretary and 

24 the Director of the Federal Bureau of Investigation, shall 

25 work to cooperate with the appropriate officials of the 


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1 Government of Mexico, the Government of Guatemala, the 

2 Government of Belize, and the governments of other Cen3 tral American countries— 

4 (1) to assess the direct and indirect impact on 

5 the United States and Central America of deporting 

6 violent criminal aliens; 

7 (2) to establish a program and database to 

8 track individuals involved in Central American gang 

9 activities; 

10 (3) to develop a mechanism that is acceptable 

11 to the governments of Belize, Guatemala, Mexico, 

12 the United States, and other appropriate countries 

13 to notify such a government if an individual sus14 pected of gang activity will be deported to that coun15 try prior to the deportation and to provide support 

16 for the reintegration of such deportees into that 

17 country; and 

18 (4) to develop an agreement to share all rel19 evant information related to individuals connected 

20 with Central American gangs. 

21 (d) LIMITATIONS ON ASSISTANCE.—Any funds made 

22 available to carry out this section shall be subject to the 

23 limitations contained in section 551 of the Foreign Oper24 ations, Export Financing, and Related Programs ApproVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 priations Act of 2006 (Public Law 109–102; 119 Stat. 

2 2218). 

3 SEC. 115. COMBATING HUMAN SMUGGLING. 

4 (a) REQUIREMENT FOR PLAN.—The Secretary shall 

5 develop and implement a plan to improve coordination be6 tween the Bureau of Immigration and Customs Enforce7 ment and the Bureau of Customs and Border Protection 

8 of the Department and any other Federal, State, local, 

9 or tribal authorities, as determined appropriate by the 

10 Secretary, to improve coordination efforts to combat 

11 human smuggling. 

12 (b) CONTENT.—In developing the plan required by 

13 subsection (a), the Secretary shall consider— 

14 (1) the interoperability of databases utilized to 

15 prevent human smuggling; 

16 (2) adequate and effective personnel training; 

17 (3) methods and programs to effectively target 

18 networks that engage in such smuggling; 

19 (4) effective utilization of— 

20 (A) visas for victims of trafficking and 

21 other crimes; and 

22 (B) investigatory techniques, equipment, 

23 and procedures that prevent, detect, and pros24 ecute international money laundering and other 

25 operations that are utilized in smuggling; 


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1 (5) joint measures, with the Secretary of State, 

2 to enhance intelligence sharing and cooperation with 

3 foreign governments whose citizens are preyed on by 

4 human smugglers; and 

5 (6) other measures that the Secretary considers 

6 appropriate to combating human smuggling. 

7 (c) REPORT.—Not later than 1 year after imple8 menting the plan described in subsection (a), the Sec9 retary shall submit to Congress a report on such plan, in10 cluding any recommendations for legislative action to im11 prove efforts to combating human smuggling. 

12 (d) SAVINGS PROVISION.—Nothing in this section 

13 may be construed to provide additional authority to any 

14 State or local entity to enforce Federal immigration laws. 

15 SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER. 

16 (a) COLLECTION OF STATISTICS.—The Commis17 sioner of the Bureau of Customs and Border Protection 

18 shall collect statistics relating to deaths occurring at the 

19 border between the United States and Mexico, including— 

20 (1) the causes of the deaths; and 

21 (2) the total number of deaths. 

22 (b) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, and annually thereafter, the 

24 Commissioner of the Bureau of Customs and Border Pro25 tection shall submit to the Secretary a report that— 


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1 (1) analyzes trends with respect to the statistics 

2 collected under subsection (a) during the preceding 

3 year; and 

4 (2) recommends actions to reduce the deaths 

5 described in subsection (a). 

6 SEC. 117. COOPERATION WITH THE GOVERNMENT OF MEX7 ICO. 

8 (a) COOPERATION REGARDING BORDER SECU9 RITY.—The Secretary of State, in cooperation with the 

10 Secretary and representatives of Federal, State, and local 

11 law enforcement agencies that are involved in border secu12 rity and immigration enforcement efforts, shall work with 

13 the appropriate officials from the Government of Mexico 

14 to improve coordination between the United States and 

15 Mexico regarding— 

16 (1) improved border security along the inter17 national border between the United States and Mex18 ico; 

19 (2) the reduction of human trafficking and 

20 smuggling between the United States and Mexico; 

21 (3) the reduction of drug trafficking and smug22 gling between the United States and Mexico; 

23 (4) the reduction of gang membership in the 

24 United States and Mexico; 


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1 (5) the reduction of violence against women in 

2 the United States and Mexico; and 

3 (6) the reduction of other violence and criminal 

4 activity. 

5 (b) COOPERATION REGARDING EDUCATION ON IMMI6 GRATION LAWS.—The Secretary of State, in cooperation 

7 with other appropriate Federal officials, shall work with 

8 the appropriate officials from the Government of Mexico 

9 to carry out activities to educate citizens and nationals 

10 of Mexico regarding eligibility for status as a non11 immigrant under Federal law to ensure that the citizens 

12 and nationals are not exploited while working in the 

13 United States. 

14 (c) COOPERATION REGARDING CIRCULAR MIGRA15 TION.—The Secretary of State, in cooperation with the 

16 Secretary of Labor and other appropriate Federal offi17 cials, shall work with the appropriate officials from the 

18 Government of Mexico to improve coordination between 

19 the United States and Mexico to encourage circular migra20 tion, including assisting in the development of economic 

21 opportunities and providing job training for citizens and 

22 nationals in Mexico. 

23 (d) CONSULTATION REQUIREMENT.—Federal, State, 

24 and local representatives in the United States shall consult 

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1 tion of additional fencing and related border security 

2 structures along the international border between the 

3 United States and Mexico, as authorized by this title, be4 fore the commencement of any such construction in order 

5 to— 

6 (1) solicit the views of affected communities; 

7 (2) lessen tensions; and 

8 (3) foster greater understanding and stronger 

9 cooperation on this and other important security 

10 issues of mutual concern. 

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

12 the date of enactment of this Act, and annually thereafter, 

13 the Secretary of State shall submit to Congress a report 

14 on the actions taken by the United States and Mexico 

15 under this section. 

16 Subtitle C—Other Border Security 

17 Initiatives 

18 SEC. 121. BIOMETRIC DATA ENHANCEMENTS. 

19 Not later than October 1, 2008, the Secretary shall— 

20 (1) in consultation with the Attorney General, 

21 enhance connectivity between the Automated Bio22 metric Fingerprint Identification System (IDENT) 

23 of the Department and the Integrated Automated 

24 Fingerprint Identification System (IAFIS) of the 


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1 Federal Bureau of Investigation to ensure more ex2 peditious data searches; and 

3 (2) in consultation with the Secretary of State, 

4 collect all fingerprints from each alien required to 

5 provide fingerprints during the alien’s initial enroll6 ment in the integrated entry and exit data system 

7 described in section 110 of the Illegal Immigration 

8 Reform and Immigrant Responsibility Act of 1996 

9 (8 U.S.C. 1365a). 

10 SEC. 122. SECURE COMMUNICATION. 

11 The Secretary shall, as expeditiously as practicable, 

12 develop and implement a plan to improve the use of sat13 ellite communications and other technologies to ensure 

14 clear and secure 2-way communication capabilities— 

15 (1) among all Border Patrol agents conducting 

16 operations between ports of entry; 

17 (2) between Border Patrol agents and their re18 spective Border Patrol stations; 

19 (3) between Border Patrol agents and residents 

20 in remote areas along the international land borders 

21 of the United States; and 

22 (4) between all appropriate border security 

23 agencies of the Department and State, local, and 

24 tribal law enforcement agencies. 


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1 SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW. 

2 (a) IN GENERAL.—The Comptroller General of the 

3 United States shall conduct a review of the basic training 

4 provided to Border Patrol agents by the Secretary to en5 sure that such training is provided as efficiently and cost6 effectively as possible. 

7 (b) COMPONENTS OF REVIEW.—The review under 

8 subsection (a) shall include the following components: 

9 (1) An evaluation of the length and content of 

10 the basic training curriculum provided to new Bor11 der Patrol agents by the Federal Law Enforcement 

12 Training Center, including a description of how such 

13 curriculum has changed since September 11, 2001, 

14 and an evaluation of language and cultural diversity 

15 training programs provided within such curriculum. 

16 (2) A review and a detailed breakdown of the 

17 costs incurred by the Bureau of Customs and Bor18 der Protection and the Federal Law Enforcement 

19 Training Center to train 1 new Border Patrol agent. 

20 (3) A comparison, based on the review and 

21 breakdown under paragraph (2), of the costs, effec22 tiveness, scope, and quality, including geographic 

23 characteristics, with other similar training programs 

24 provided by State and local agencies, nonprofit orga25 nizations, universities, and the private sector. 


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1 (4) An evaluation of whether utilizing com2 parable non-Federal training programs, proficiency 

3 testing, and long-distance learning programs may af4 fect— 

5 (A) the cost-effectiveness of increasing the 

6 number of Border Patrol agents trained per 

7 year; 

8 (B) the per agent costs of basic training; 

9 and 

10 (C) the scope and quality of basic training 

11 needed to fulfill the mission and duties of a 

12 Border Patrol agent. 

13 SEC. 124. US–VISIT SYSTEM. 

14 Not later than 6 months after the date of the enact15 ment of this Act, the Secretary, in consultation with the 

16 heads of other appropriate Federal agencies, shall submit 

17 to Congress a schedule for— 

18 (1) equipping all land border ports of entry of 

19 the United States with the U.S.-Visitor and Immi20 grant Status Indicator Technology (US–VISIT) sys21 tem implemented under section 110 of the Illegal 

22 Immigration Reform and Immigrant Responsibility 

23 Act of 1996 (8 U.S.C. 1365a); 


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1 (2) developing and deploying at such ports of 

2 entry the exit component of the US–VISIT system; 

3 and 

4 (3) making interoperable all immigration 

5 screening systems operated by the Secretary. 

6 SEC. 125. DOCUMENT FRAUD DETECTION. 

7 (a) TRAINING.—Subject to the availability of appro8 priations, the Secretary shall provide all Customs and 

9 Border Protection officers with training in identifying and 

10 detecting fraudulent travel documents. Such training shall 

11 be developed in consultation with the head of the Forensic 

12 Document Laboratory of the Bureau of Immigration and 

13 Customs Enforcement. 

14 (b) FORENSIC DOCUMENT LABORATORY.—The Sec15 retary shall provide all Customs and Border Protection of16 ficers with access to the Forensic Document Laboratory. 

17 (c) ASSESSMENT.— 

18 (1) REQUIREMENT FOR ASSESSMENT.—The In19 spector General of the Department shall conduct an 

20 independent assessment of the accuracy and reli21 ability of the Forensic Document Laboratory. 

22 (2) REPORT TO CONGRESS.—Not later than 6 

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

24 the Inspector General shall submit to Congress the 


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1 findings of the assessment required by paragraph 

2 (1). 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary such 

5 sums as may be necessary for each of fiscal years 2008 

6 through 2012 to carry out this section. 

7 SEC. 126. IMPROVED DOCUMENT INTEGRITY. 

8 (a) IN GENERAL.—Section 303 of the Enhanced Bor9 der Security and Visa Entry Reform Act of 2002 (8 

10 U.S.C. 1732) is amended— 

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

12 it appears and inserting ‘‘Secretary of Homeland Se13 curity’’; 

14 (2) in the heading, by striking ‘‘ENTRY AND

15 EXIT DOCUMENTS’’ and inserting ‘‘TRAVEL AND

16 ENTRY DOCUMENTS AND EVIDENCE OF STA17 TUS’’; 

18 (3) in subsection (b)(1)— 

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

20 26, 2004, the’’ and inserting ‘‘The’’; and 

21 (B) by striking ‘‘visas and’’ both places it 

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

23 and’’; 

24 (4) by redesignating subsection (d) as sub25 section (e); and 


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1 (5) by inserting after subsection (c) the fol2 lowing: 

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

4 26, 2008, every document, other than an interim docu5 ment, issued by the Secretary of Homeland Security, 

6 which may be used as evidence of an alien’s status as an 

7 immigrant, nonimmigrant, parolee, asylee, or refugee, 

8 shall be machine-readable and tamper-resistant, and shall 

9 incorporate a biometric identifier to allow the Secretary 

10 of Homeland Security to verify electronically the identity 

11 and status of the alien.’’. 

12 SEC. 127. CANCELLATION OF VISAS. 

13 Section 222(g) (8 U.S.C. 1202(g)) is amended— 

14 (1) in paragraph (1)— 

15 (A) by striking ‘‘Attorney General’’ and in16 serting ‘‘Secretary of Homeland Security’’; and 

17 (B) by inserting ‘‘and any other non18 immigrant visa issued by the United States that 

19 is in the possession of the alien’’ after ‘‘such 

20 visa’’; and 

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

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

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

24 nationality’’ and inserting ‘‘(other than a visa de25 scribed in paragraph (1)) issued in a consular office 


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

2 foreign residence’’. 

3 SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM. 

4 (a) COLLECTION OF BIOMETRIC DATA FROM ALIENS

5 DEPARTING THE UNITED STATES.—Section 215 (8 

6 U.S.C. 1185) is amended— 

7 (1) by redesignating subsection (c) as sub8 section (g); 

9 (2) by moving subsection (g), as redesignated 

10 by paragraph (1), to the end; and 

11 (3) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) The Secretary of Homeland Security is author14 ized to require aliens departing the United States to pro15 vide biometric data and other information relating to their 

16 immigration status.’’. 

17 (b) INSPECTION OF APPLICANTS FOR ADMISSION.— 

18 Section 235(d) (8 U.S.C. 1225(d)) is amended by adding 

19 at the end the following: 

20 ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC

21 DATA.—In conducting inspections under subsection 

22 (b), immigration officers are authorized to collect bi23 ometric data from— 

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

25 seeking to transit through the United States; or 


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

2 entering the United States and who is not re3 garded as seeking admission pursuant to sec4 tion 101(a)(13)(C).’’. 

5 (c) COLLECTION OF BIOMETRIC DATA FROM ALIEN

6 CREWMEN.—Section 252 (8 U.S.C. 1282) is amended by 

7 adding at the end the following: 

8 ‘‘(d) An immigration officer is authorized to collect 

9 biometric data from an alien crewman seeking permission 

10 to land temporarily in the United States.’’. 

11 (d) GROUNDS OF INADMISSIBILITY.—Section 212 (8 

12 U.S.C. 1182) is amended— 

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

14 the following: 

15 ‘‘(C) WITHHOLDERS OF BIOMETRIC

16 DATA.—Any alien who knowingly fails to com17 ply with a lawful request for biometric data 

18 under section 215(c) or 235(d) is inadmis19 sible.’’; and 

20 (2) in subsection (d), by inserting after para21 graph (1) the following: 

22 ‘‘(2) The Secretary of Homeland Security shall 

23 determine whether a ground for inadmissibility ex24 ists with respect to an alien described in subpara25 graph (C) of subsection (a)(7) and may waive the 


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1 application of such subparagraph for an individual 

2 alien or a class of aliens, at the discretion of the 

3 Secretary.’’. 

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

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

6 1365b) is amended— 

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

8 following: 

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

10 the automated biometric entry and exit data system 

11 under this section, the Secretary is not required to 

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

13 United States Code (commonly referred to as the 

14 Administrative Procedure Act) or any other law re15 lating to rulemaking, information collection, or pub16 lication in the Federal Register.’’; and 

17 (2) in subsection (l)— 

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

19 and inserting the following: 

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

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

22 ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER

23 PORTS OF ENTRY.—There are authorized to be ap24 propriated such sums as may be necessary for each 

25 of fiscal years 2008 and 2009 to implement the 


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1 automated biometric entry and exit data system at 

2 all land border ports of entry.’’. 

3 SEC. 129. BORDER STUDY. 

4 (a) SOUTHERN BORDER STUDY.—The Secretary, in 

5 consultation with the Attorney General, the Secretary of 

6 the Interior, the Secretary of Agriculture, the Secretary 

7 of Defense, the Secretary of Commerce, and the Adminis8 trator of the Environmental Protection Agency, shall con9 duct a study on the construction of a system of physical 

10 barriers along the southern international land and mari11 time border of the United States. The study shall in12 clude— 

13 (1) an assessment of the necessity of con14 structing such a system, including the identification 

15 of areas of high priority for the construction of such 

16 a system determined after consideration of factors 

17 including the amount of narcotics trafficking and 

18 the number of illegal immigrants apprehended in 

19 such areas; 

20 (2) an assessment of the feasibility of con21 structing such a system; 

22 (3) an assessment of the international, national, 

23 and regional environmental impact of such a system, 

24 including the impact on zoning, global climate 


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1 change, ozone depletion, biodiversity loss, and 

2 transboundary pollution; 

3 (4) an assessment of the necessity for ports of 

4 entry along such a system; 

5 (5) an assessment of the impact such a system 

6 would have on international trade, commerce, and 

7 tourism; 

8 (6) an assessment of the effect of such a system 

9 on private property rights including issues of emi10 nent domain and riparian rights; 

11 (7) an estimate of the costs associated with 

12 building a barrier system, including costs associated 

13 with excavation, construction, and maintenance; 

14 (8) an assessment of the effect of such a system 

15 on Indian reservations and units of the National 

16 Park System; 

17 (9) an assessment of the necessity of con18 structing such a system after the implementation of 

19 provisions of this Act relating to guest workers, visa 

20 reform, and interior and worksite enforcement, and 

21 the likely effect of such provisions on undocumented 

22 immigration and the flow of illegal immigrants 

23 across the international border of the United States; 

24 (10) an assessment of the impact of such a sys25 tem on diplomatic relations between the United 


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1 States and Mexico, Central America, and South 

2 America, including the likely impact of such a sys3 tem on existing and potential areas of bilateral and 

4 multilateral cooperative enforcement efforts; 

5 (11) an assessment of the impact of such a sys6 tem on the quality of life within border communities 

7 in the United States and Mexico, including its im8 pact on noise and light pollution, housing, transpor9 tation, security, and environmental health; 

10 (12) an assessment of the likelihood that such 

11 a system would lead to increased violations of the 

12 human rights, health, safety, or civil rights of indi13 viduals in the region near the southern international 

14 border of the United States, regardless of the immi15 gration status of such individuals; 

16 (13) an assessment of the effect such a system 

17 would have on violence near the southern inter18 national border of the United States; and 

19 (14) an assessment of the effect of such a sys20 tem on the vulnerability of the United States to in21 filtration by terrorists or other agents intending to 

22 inflict direct harm on the United States. 

23 (b) REPORT.—Not later than 9 months after the date 

24 of the enactment of this Act, the Secretary shall submit 


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1 to Congress a report on the study described in subsection 

2 (a). 

3 SEC. 130. SECURE BORDER INITIATIVE FINANCIAL AC4 COUNTABILITY. 

5 (a) IN GENERAL.—The Inspector General of the De6 partment shall review each contract action relating to the 

7 Secure Border Initiative having a value of more than 

8 $20,000,000, to determine whether each such action fully 

9 complies with applicable cost requirements, performance 

10 objectives, program milestones, inclusion of small, minor11 ity, and women-owned business, and time lines. The In12 spector General shall complete a review under this sub13 section with respect to each contract action— 

14 (1) not later than 60 days after the date of the 

15 initiation of the action; and 

16 (2) upon the conclusion of the performance of 

17 the contract. 

18 (b) INSPECTOR GENERAL.— 

19 (1) ACTION.—If the Inspector General becomes 

20 aware of any improper conduct or wrongdoing in the 

21 course of conducting a contract review under sub22 section (a), the Inspector General shall, as expedi23 tiously as practicable, refer information relating to 

24 such improper conduct or wrongdoing to the Sec25 retary, or to another appropriate official of the DeVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 partment, who shall determine whether to tempo2 rarily suspend the contractor from further participa3 tion in the Secure Border Initiative. 

4 (2) REPORT.—Upon the completion of each re5 view described in subsection (a), the Inspector Gen6 eral shall submit to the Secretary a report con7 taining the findings of the review, including findings 

8 regarding— 

9 (A) cost overruns; 

10 (B) significant delays in contract execu11 tion; 

12 (C) lack of rigorous departmental contract 

13 management; 

14 (D) insufficient departmental financial 

15 oversight; 

16 (E) bundling that limits the ability of 

17 small businesses to compete; or 

18 (F) other high risk business practices. 

19 (c) REPORTS BY THE SECRETARY.— 

20 (1) IN GENERAL.—Not later than 30 days after 

21 the receipt of each report required under subsection 

22 (b)(2), the Secretary shall submit a report, to the 

23 Committee on the Judiciary of the Senate and the 

24 Committee on the Judiciary of the House of Rep25 resentatives, that describes— 


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1 (A) the findings of the report received 

2 from the Inspector General; and 

3 (B) the steps the Secretary has taken, or 

4 plans to take, to address the problems identified 

5 in such report. 

6 (2) CONTRACTS WITH FOREIGN COMPANIES.— 

7 Not later than 60 days after the initiation of each 

8 contract action with a company whose headquarters 

9 is not based in the United States, the Secretary 

10 shall submit a report to the Committee on the Judi11 ciary of the Senate and the Committee on the Judi12 ciary of the House of Representatives, regarding the 

13 Secure Border Initiative. 

14 (d) REPORTS ON UNITED STATES PORTS.—Not later 

15 that 30 days after receiving information regarding a pro16 posed purchase of a contract to manage the operations of 

17 a United States port by a foreign entity, the Committee 

18 on Foreign Investment in the United States shall submit 

19 a report to Congress that describes— 

20 (1) the proposed purchase; 

21 (2) any security concerns related to the pro22 posed purchase; and 

23 (3) the manner in which such security concerns 

24 have been addressed. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—In addi2 tion to amounts that are otherwise authorized to be appro3 priated to the Office of the Inspector General of the De4 partment, there are authorized to be appropriated to the 

5 Office, to enable the Office to carry out this section— 

6 (1) for fiscal year 2008, not less than 5 percent 

7 of the overall budget of the Office for such fiscal 

8 year; 

9 (2) for fiscal year 2009, not less than 6 percent 

10 of the overall budget of the Office for such fiscal 

11 year; and 

12 (3) for fiscal year 2010, not less than 7 percent 

13 of the overall budget of the Office for such fiscal 

14 year. 

15 SEC. 131. MANDATORY DETENTION FOR ALIENS APPRE16 HENDED AT OR BETWEEN PORTS OF ENTRY. 

17 (a) IN GENERAL.—Beginning on October 1, 2008, an 

18 alien (other than a national of Mexico) who is attempting 

19 to illegally enter the United States and who is appre20 hended at a United States port of entry or along the inter21 national land and maritime border of the United States 

22 shall be detained until removed or a final decision granting 

23 admission has been determined, unless the alien— 

24 (1) is permitted to withdraw an application for 

25 admission under section 235(a)(4) of the ImmigraVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 

2 immediately departs from the United States pursu3 ant to such section; or 

4 (2) is paroled into the United States by the 

5 Secretary for urgent humanitarian reasons or sig6 nificant public benefit in accordance with section 

7 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 

8 (b) REQUIREMENTS DURING INTERIM PERIOD.—Be9 ginning 60 days after the date of the enactment of this 

10 Act and before October 1, 2008, an alien described in sub11 section (a) may be released with a notice to appear only 

12 if— 

13 (1) the Secretary determines, after conducting 

14 all appropriate background and security checks on 

15 the alien, that the alien does not pose a national se16 curity risk; and 

17 (2) the alien provides a bond of not less than 

18 $5,000. 

19 (c) RULES OF CONSTRUCTION.— 

20 (1) ASYLUM AND REMOVAL.—Nothing in this 

21 section shall be construed as limiting the right of an 

22 alien to apply for asylum or for relief or deferral of 

23 removal based on a fear of persecution. 

24 (2) TREATMENT OF CERTAIN ALIENS.—The 

25 mandatory detention requirement in subsection (a) 


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1 does not apply to any alien who is a native or citizen 

2 of a country in the Western Hemisphere with whose 

3 government the United States does not have full dip4 lomatic relations. 

5 (3) DISCRETION.—Nothing in this section shall 

6 be construed as limiting the authority of the Sec7 retary, in the Secretary’s sole unreviewable discre8 tion, to determine whether an alien described in 

9 clause (ii) of section 235(b)(1)(B) of the Immigra10 tion and Nationality Act shall be detained or re11 leased after a finding of a credible fear of persecu12 tion (as defined in clause (v) of such section). 

13 SEC. 132. EVASION OF INSPECTION OR VIOLATION OF AR14 RIVAL, REPORTING, ENTRY, OR CLEARANCE 

15 REQUIREMENTS. 

16 (a) IN GENERAL.—Chapter 27 of title 18, United 

17 States Code, is amended by adding at the end the fol18 lowing: 

19 ‘‘§ 556. Evasion of inspection or during violation of 

20 arrival, reporting, entry, or clearance re21 quirements 

22 ‘‘(a) PROHIBITION.—A person shall be punished as 

23 described in subsection (b) if such person attempts to 

24 elude or eludes customs, immigration, or agriculture in25 spection or fails to stop at the command of an officer or 


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1 employee of the United States charged with enforcing the 

2 immigration, customs, or other laws of the United States 

3 at a port of entry or customs or immigration checkpoint. 

4 ‘‘(b) PENALTIES.—A person who commits an offense 

5 described in subsection (a) shall be— 

6 ‘‘(1) fined under this title; 

7 ‘‘(2)(A) imprisoned for not more than 3 years, 

8 or both; 

9 ‘‘(B) imprisoned for not more than 10 years, or 

10 both, if in commission of this violation, attempts to 

11 inflict or inflicts bodily injury (as defined in section 

12 1365(g) of this title); or 

13 ‘‘(C) imprisoned for any term of years or for 

14 life, or both, if death results, and may be sentenced 

15 to death; or 

16 ‘‘(3) both fined and imprisoned under this sub17 section. 

18 ‘‘(c) CONSPIRACY.—If 2 or more persons conspire to 

19 commit an offense described in subsection (a), and 1 or 

20 more of such persons do any act to effect the object of 

21 the conspiracy, each shall be punishable as a principal, ex22 cept that the sentence of death may not be imposed. 

23 ‘‘(d) PRIMA FACIE EVIDENCE.—For the purposes of 

24 seizure and forfeiture under applicable law, in the case of 

25 use of a vehicle or other conveyance in the commission 


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1 of this offense, or in the case of disregarding or disobeying 

2 the lawful authority or command of any officer or em3 ployee of the United States under section 111(b) of this 

4 title, such conduct shall constitute prima facie evidence of 

5 smuggling aliens or merchandise.’’. 

6 (b) CONFORMING AMENDMENT.—The table of sec7 tions for chapter 27 of title 18, United States Code, is 

8 amended by inserting at the end: 

‘‘556. Evasion of inspection or during violation of arrival, reporting, entry, or 

clearance requirements.’’. 

9 (c) FAILURE TO OBEY BORDER ENFORCEMENT OF10 FICERS.—Section 111 of title 18, United States Code, is 

11 amended by inserting after subsection (b) the following: 

12 ‘‘(c) FAILURE TO OBEY LAWFUL ORDERS OF BOR13 DER ENFORCEMENT OFFICERS.—Whoever willfully dis14 regards or disobeys the lawful authority or command of 

15 any officer or employee of the United States charged with 

16 enforcing the immigration, customs, or other laws of the 

17 United States while engaged in, or on account of, the per18 formance of official duties shall be fined under this title 

19 or imprisoned for not more than 5 years, or both.’’. 

20 (d) TECHNICAL AMENDMENTS.— 

21 (1) IN GENERAL.—Chapter 27 of title 18, 

22 United States Code, is amended by redesignating the 

23 section 554 added by section 551(a) of the Depart24 ment of Homeland Security Appropriations Act, 


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1 2007 (Public Law 109–295; 120 Stat. 1389) (relat2 ing to border tunnels and passages) as section 555. 

3 (2) TABLE OF SECTIONS.—The table of sections 

4 for chapter 27 of title 18, United States Code, is 

5 amended— 

6 (A) by striking the following: 

‘‘554. Border tunnels and passages.’’; 

7 and 

8 (B) inserting the following: 

‘‘555. Border tunnels and passages.’’. 

9 (3) CRIMINAL FORFEITURE.—Section 982(a)(6) 

10 of title 18, United States Code, is amended by strik11 ing ‘‘554’’ and inserting ‘‘555’’. 

12 (4) DIRECTIVE TO THE UNITED STATES SEN13 TENCING COMMISSION.—Section 551(d) of the De14 partment of Homeland Security Appropriations Act, 

15 2007 (Public Law 109–295; 120 Stat. 1390) is 

16 amended in paragraphs (1) and (2)(A) by striking 

17 ‘‘554’’ and inserting ‘‘555’’. 

18 SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SE19 CURING THE SOUTHERN LAND BORDER OF 

20 THE UNITED STATES. 

21 (a) AUTHORITY TO PROVIDE ASSISTANCE.— 

22 (1) IN GENERAL.—With the approval of the 

23 Secretary of Defense, the Governor of a State may 

24 order any units or personnel of the National Guard 


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1 of such State to perform annual training duty under 

2 section 502(a) of title 32, United States Code, to 

3 carry out in any State along the southern land bor4 der of the United States the activities authorized in 

5 subsection (b), for the purpose of securing such bor6 der. Such duty shall not exceed 21 days in any year. 

7 (2) SUPPORT.—With the approval of the Sec8 retary of Defense, the Governor of a State may 

9 order any units or personnel of the National Guard 

10 of such State to perform duty under section 502(f) 

11 of title 32, United States Code, to provide command, 

12 control, and continuity of support for units or per13 sonnel performing annual training duty under para14 graph (1). 

15 (b) AUTHORIZED ACTIVITIES.—The activities author16 ized by this subsection are any of the following: 

17 (1) Ground reconnaissance activities; 

18 (2) Airborne reconnaissance activities; 

19 (3) Logistical support; 

20 (4) Provision of translation services and train21 ing; 

22 (5) Administrative support services; 

23 (6) Technical training services; 

24 (7) Emergency medical assistance and services; 

25 (8) Communications services; 


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1 (9) Rescue of aliens in peril; 

2 (10) Construction of roadways, patrol roads, 

3 fences, barriers, and other facilities to secure the 

4 southern land border of the United States; and 

5 (11) Ground and air transportation. 

6 (c) COOPERATIVE AGREEMENTS.—Units and per7 sonnel of the National Guard of a State may perform ac8 tivities in another State under subsection (a) only pursu9 ant to the terms of an emergency management assistance 

10 compact or other cooperative arrangement entered into be11 tween Governors of such States for purposes of this sec12 tion, and only with the approval of the Secretary of De13 fense. 

14 (d) COORDINATION OF ASSISTANCE.—The Secretary 

15 of Homeland Security shall, in consultation with the Sec16 retary of Defense and the Governors of the States con17 cerned, coordinate the performance of activities under this 

18 section by units and personnel of the National Guard. 

19 (e) ANNUAL TRAINING.—Annual training duty per20 formed by members of the National Guard under sub21 section (a) shall be appropriate for the units and indi22 vidual members concerned, taking into account the types 

23 of units and military occupational specialties of individual 

24 members performing such duty. 

25 (f) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘Governor of a State’’ means, in 

2 the case of the District of Columbia, the Com3 manding General of the National Guard of the Dis4 trict of Columbia. 

5 (2) The term ‘‘State’’ means each of the several 

6 States, the District of Columbia, the Commonwealth 

7 of Puerto Rico, Guam, and the Virgin Islands. 

8 (3) The term ‘‘State along the southern border 

9 of the United States’’ means each of the following: 

10 (A) The State of Arizona. 

11 (B) The State of California. 

12 (C) The State of New Mexico. 

13 (D) The State of Texas. 

14 (g) DURATION OF AUTHORITY.—The authority of 

15 this section shall expire on January 1, 2009. 

16 (h) PROHIBITION ON DIRECT PARTICIPATION IN LAW

17 ENFORCEMENT.—Activities carried out under the author18 ity of this section shall not include the direct participation 

19 of a member of the National Guard in a search, seizure, 

20 arrest, or similar activity. 


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1 SEC. 134. REPORT ON INCENTIVES TO ENCOURAGE CER2 TAIN MEMBERS AND FORMER MEMBERS OF 

3 THE ARMED FORCES TO SERVE IN THE BU4 REAU OF CUSTOMS AND BORDER PROTEC5 TION. 

6 (a) REPORT REQUIRED.—Not later than 60 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Homeland Security and the Secretary of Defense shall 

9 jointly submit to the appropriate committees of Congress 

10 a report assessing the desirability and feasibility of offer11 ing incentives to covered members and former members 

12 of the Armed Forces for the purpose of encouraging such 

13 members to serve in the Bureau of Customs and Border 

14 Protection. 

15 (b) COVERED MEMBERS AND FORMER MEMBERS OF

16 THE ARMED FORCES.—For purposes of this section, cov17 ered members and former members of the Armed Forces 

18 are the following: 

19 (1) Members of the reserve components of the 

20 Armed Forces. 

21 (2) Former members of the Armed Forces with22 in two years of separation from service in the Armed 

23 Forces. 

24 (c) REQUIREMENTS AND LIMITATIONS.— 

25 (1) NATURE OF INCENTIVES.—In considering 

26 incentives for purposes of the report required by 


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1 subsection (a), the Secretaries shall consider such 

2 incentives, whether monetary or otherwise and 

3 whether or not authorized by current law or regula4 tions, as the Secretaries jointly consider appropriate. 

5 (2) TARGETING OF INCENTIVES.—In assessing 

6 any incentive for purposes of the report, the Secre7 taries shall give particular attention to the utility of 

8 such incentive in— 

9 (A) encouraging service in the Bureau of 

10 Customs and Border Protection after service in 

11 the Armed Forces by covered members and 

12 former of the Armed Forces who have provided 

13 border patrol or border security assistance to 

14 the Bureau as part of their duties as members 

15 of the Armed Forces; and 

16 (B) leveraging military training and expe17 rience by accelerating training, or allowing 

18 credit to be applied to related areas of training, 

19 required for service with the Bureau of Cus20 toms and Border Protection. 

21 (3) PAYMENT.—In assessing incentives for pur22 poses of the report, the Secretaries shall assume 

23 that any costs of such incentives shall be borne by 

24 the Department of Homeland Security. 


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1 (d) ELEMENTS.—The report required by subsection 

2 (a) shall include the following: 

3 (1) A description of various monetary and non4 monetary incentives considered for purposes of the 

5 report. 

6 (2) An assessment of the desirability and feasi7 bility of utilizing any such incentive for the purpose 

8 specified in subsection (a), including an assessment 

9 of the particular utility of such incentive in encour10 aging service in the Bureau of Customs and Border 

11 Protection after service in the Armed Forces by cov12 ered members and former members of the Armed 

13 Forces described in subsection (c)(2). 

14 (3) Any other matters that the Secretaries 

15 jointly consider appropriate. 

16 (e) APPROPRIATE COMMITTEES OF CONGRESS DE17 FINED.—In this section, the term ‘‘appropriate commit18 tees of Congress’’ means— 

19 (1) the Committees on Armed Services, Home20 land Security and Governmental Affairs, and Appro21 priations of the Senate; and 

22 (2) the Committees on Armed Services, Home23 land Security, and Appropriations of the House of 

24 Representatives. 


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1 SEC. 135. WESTERN HEMISPHERE TRAVEL INITIATIVE. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) United States citizens make approximately 

5 130,000,000 land border crossings each year be6 tween the United States and Canada and the United 

7 States and Mexico, with approximately 23,000,000 

8 individual United States citizens crossing the border 

9 annually. 

10 (2) Approximately 27 percent of United States 

11 citizens possess United States passports. 

12 (3) In fiscal year 2005, the Secretary of State 

13 issued an estimated 10,100,000 passports, rep14 resenting an increase of 15 percent from fiscal year 

15 2004. 

16 (4) The Secretary of State estimates that 

17 13,000,000 passports will be issued in fiscal year 

18 2006, 16,000,000 passports will be issued in fiscal 

19 year 2007, and 17,000,000 passports will be issued 

20 in fiscal year 2008. 

21 (b) EXTENSION OF WESTERN HEMISPHERE TRAVEL

22 INITIATIVE IMPLEMENTATION DEADLINE.—Section 

23 7209(b)(1) of the Intelligence Reform and Terrorism Pre24 vention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 

25 note) is amended by striking ‘‘January 1, 2008’’ and in26 serting ‘‘the later of June 1, 2009, or 3 months after the 


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1 Secretary of State and the Secretary of Homeland Secu2 rity make the certification required in subsection (i) of sec3 tion 135 of the Border Security and Immigration Reform 

4 Act of 2007.’’. 

5 (c) PASSPORT CARDS.— 

6 (1) AUTHORITY TO ISSUE.—In order to facili7 tate travel of United States citizens to Canada, Mex8 ico, the countries located in the Caribbean, and Ber9 muda, the Secretary of State, in consultation with 

10 the Secretary, is authorized to develop a travel docu11 ment known as a Passport Card. 

12 (2) ISSUANCE.—In accordance with the West13 ern Hemisphere Travel Initiative carried out pursu14 ant to section 7209 of the Intelligence Reform and 

15 Terrorism Prevention Act of 2004 (Public Law 108– 

16 458; 8 U.S.C. 1185 note), the Secretary of State, in 

17 consultation with the Secretary, shall be authorized 

18 to issue to a citizen of the United States who sub19 mits an application in accordance with paragraph 

20 (5) a travel document that will serve as a Passport 

21 Card. 

22 (3) APPLICABILITY.—A Passport Card shall be 

23 deemed to be a United States passport for the pur24 pose of United States laws and regulations relating 

25 to United States passports. 


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1 (4) VALIDITY.—A Passport Card shall be valid 

2 for the same period as a United States passport. 

3 (5) LIMITATION ON USE.—A Passport Card 

4 may only be used for the purpose of international 

5 travel by United States citizens through land and 

6 sea ports of entry between— 

7 (A) the United States and Canada; 

8 (B) the United States and Mexico; and 

9 (C) the United States and a country lo10 cated in the Caribbean or Bermuda. 

11 (6) APPLICATION FOR ISSUANCE.—To be issued 

12 a Passport Card, a United States citizen shall sub13 mit an application to the Secretary of State. The 

14 Secretary of State shall require that such application 

15 shall contain the same information as is required to 

16 determine citizenship, identity, and eligibility for 

17 issuance of a United States passport. 

18 (7) TECHNOLOGY.— 

19 (A) EXPEDITED TRAVELER PROGRAMS.— 

20 To the maximum extent practicable, a Passport 

21 Card shall be designed and produced to provide 

22 a platform on which the expedited traveler pro23 grams carried out by the Secretary, such as 

24 NEXUS, NEXUS AIR, SENTRI, FAST, and 

25 Register Traveler may be added. The Secretary 


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1 of State and the Secretary shall notify Congress 

2 not later than July 1, 2008, if the technology 

3 to add expedited travel features to the Passport 

4 Card is not developed by that date. 

5 (B) TECHNOLOGY.—The Secretary and the 

6 Secretary of State shall establish a technology 

7 implementation plan that accommodates desired 

8 technology requirements of the Department of 

9 State and the Department, allows for future 

10 technological innovations, and ensures max11 imum facilitation at the northern and southern 

12 borders. 

13 (8) SPECIFICATIONS FOR CARD.—A Passport 

14 Card shall be easily portable and durable. The Sec15 retary of State and the Secretary shall consult re16 garding the other technical specifications of the 

17 Card, including whether the security features of the 

18 Card could be combined with other existing identity 

19 documentation. 

20 (9) FEE.— 

21 (A) IN GENERAL.—An applicant for a 

22 Passport Card shall submit an application 

23 under paragraph (6) together with a nonrefund24 able fee in an amount to be determined by the 

25 Secretary of State. Passport Card fees shall be 


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1 deposited as an offsetting collection to the ap2 propriate Department of State appropriation, to 

3 remain available until expended. 

4 (B) LIMITATION ON FEES.— 

5 (i) IN GENERAL.—The Secretary of 

6 State shall seek to make the application 

7 fee under this paragraph as low as pos8 sible. 

9 (ii) MAXIMUM FEE WITHOUT CERTIFI10 CATION.—Except as provided in clause 

11 (iii), the application fee may not exceed 

12 $24. 

13 (iii) MAXIMUM FEE WITH CERTIFI14 CATION.—The application fee may be not 

15 more than $34 if the Secretary of State, 

16 the Secretary, and the Postmaster Gen17 eral— 

18 (I) jointly certify to Congress 

19 that the cost to produce and issue a 

20 Passport Card significantly exceeds 

21 $24; and 

22 (II) provide a detailed cost anal23 ysis for such fee. 

24 (C) REDUCTION OF FEE.—The Secretary 

25 of State shall reduce the fee for a Passport 


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1 Card for an individual who submits an applica2 tion for a Passport Card together with an appli3 cation for a United States passport. 

4 (D) WAIVER OF FEE FOR CHILDREN.— 

5 The Secretary of State shall waive the fee for 

6 a Passport Card for a child under 18 years of 

7 age. 

8 (E) AUDIT.—In the event that the fee for 

9 a Passport Card exceeds $24, the Comptroller 

10 General of the United States shall conduct an 

11 audit to determine whether Passport Cards are 

12 issued at the lowest possible cost. 

13 (10) ACCESSIBILITY.—In order to make the 

14 Passport Card easily obtainable, an application for a 

15 Passport Card shall be accepted in the same manner 

16 and at the same locations as an application for a 

17 United States passport. 

18 (11) RULE OF CONSTRUCTION.—Nothing in 

19 this section shall be construed as limiting, altering, 

20 modifying, or otherwise affecting the validity of a 

21 United States passport. A United States citizen may 

22 possess a United States passport and a Passport 

23 Card. 

24 (d) STATE ENROLLMENT DEMONSTRATION PRO25 GRAM.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provisions of law, the Secretary of State and the 

3 Secretary shall enter into a memorandum of under4 standing with 1 or more appropriate States to carry 

5 out at least 1 demonstration program as follows: 

6 (A) A State may include an individual’s 

7 United States citizenship status on a driver’s li8 cense which meets the requirements of section 

9 202 of the REAL ID Act of 2005 (division B 

10 of Public Law 109–13; 49 U.S.C. 30301 note). 

11 (B) The Secretary of State shall develop a 

12 mechanism to communicate with a participating 

13 State to verify the United States citizenship 

14 status of an applicant who voluntarily seeks to 

15 have the applicant’s United States citizenship 

16 status included on a driver’s license. 

17 (C) All information collected about the in18 dividual shall be managed exclusively in the 

19 same manner as information collected through 

20 a passport application and no further distribu21 tion of such information shall be permitted. 

22 (D) A State may not require an individual 

23 to include the individual’s citizenship status on 

24 a driver’s license. 


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1 (E) Notwithstanding any other provision of 

2 law, a driver’s license which meets the require3 ments of this paragraph shall be deemed to be 

4 sufficient documentation to permit the bearer to 

5 enter the United States from Canada or Mexico 

6 through not less than at least 1 designated 

7 international border crossing in each State par8 ticipating in the demonstration program. 

9 (2) RULE OF CONSTRUCTION.—Nothing in this 

10 subsection shall have the effect of creating a na11 tional identity card. 

12 (3) AUTHORITY TO EXPAND.—The Secretary of 

13 State and the Secretary may expand the demonstra14 tion program under this subsection so that such pro15 gram is carried out in additional States, through ad16 ditional ports of entry, for additional foreign coun17 tries, and in a manner that permits the use of addi18 tional types of identification documents to prove 

19 identity under the program. 

20 (4) STUDY.—Not later than 6 months after the 

21 date that the demonstration program under this sub22 section is carried out, the Comptroller General of the 

23 United States shall conduct a study of— 


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1 (A) the cost of the production and issuance 

2 of documents that meet the requirements of the 

3 program compared with other travel documents; 

4 (B) the impact of the program on the flow 

5 of cross-border traffic and the economic impact 

6 of the program; and 

7 (C) the security of travel documents that 

8 meet the requirements of the program com9 pared with other travel documents. 

10 (5) RECIPROCITY WITH CANADA.—Notwith11 standing any other provision of law, if the Secretary 

12 of State and the Secretary certify that certain iden13 tity documents issued by Canada (or any of its prov14 inces) meet security and citizenship standards com15 parable to the requirements described in paragraph 

16 (1), the Secretary may determine that such docu17 ments are sufficient to permit entry into the United 

18 States. The Secretary shall work, to the maximum 

19 extent possible, to ensure that identification docu20 ments issued by Canada that are used as described 

21 in this paragraph contain the same technology as 

22 identification documents issued by the United States 

23 (or any State). 

24 (6) ADDITIONAL PILOT PROGRAMS.—To the 

25 maximum extent possible, the Secretary shall seek to 


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1 conduct pilot programs related to Passport Cards 

2 and the State Enrollment Demonstration Program 

3 described in this subsection on the international bor4 der between the United States and Canada and the 

5 international border between the United States and 

6 Mexico. 

7 (e) EXPEDITED PROCESSING FOR REPEAT TRAV8 ELERS.— 

9 (1) LAND CROSSINGS.—To the maximum extent 

10 practicable at the United States border with Canada 

11 and the United States border with Mexico, the Sec12 retary shall expand expedited traveler programs car13 ried out by the Secretary to all ports of entry and 

14 should encourage citizens of the United States to 

15 participate in the preenrollment programs, as such 

16 programs assist border control officers of the United 

17 States in the fight against terrorism by increasing 

18 the number of known travelers crossing the border. 

19 The identities of such expedited travelers should be 

20 entered into a database of known travelers who have 

21 been subjected to in-depth background and watch22 list checks to permit border control officers to focus 

23 more attention on unknown travelers, potential 

24 criminals, and terrorists. The Secretary, in consulta25 tion with the appropriate officials of the Government 


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1 of Canada, shall equip at least 6 additional northern 

2 border crossings with NEXUS technology and 6 ad3 ditional southern ports of entry with SENTRI tech4 nology. 

5 (2) SEA CROSSINGS.—The Commissioner of 

6 Customs and Border Patrol shall conduct and ex7 pand trusted traveler programs and pilot programs 

8 to facilitate expedited processing of United States 

9 citizens returning from pleasure craft trips in Can10 ada, Mexico, the Caribbean, or Bermuda. One such 

11 program shall be conducted in Florida and modeled 

12 on the I–68 program. 

13 (f) PROCESS FOR INDIVIDUALS LACKING APPRO14 PRIATE DOCUMENTS.— 

15 (1) IN GENERAL.—The Secretary shall establish 

16 a program that satisfies section 7209 of the Intel17 ligence Reform and Terrorism Prevention Act of 

18 2004 (Public Law 108–458; 8 U.S.C. 1185 note)— 

19 (A) to permit a citizen of the United 

20 States who has not been issued a United States 

21 passport or other appropriate travel document 

22 to cross the international border and return to 

23 the United States for a time period of not more 

24 than 72 hours, on a limited basis, and at no ad25 ditional fee; or 


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1 (B) to establish a process to ascertain the 

2 identity of, and make admissibility determina3 tions for, a citizen described in paragraph (A) 

4 upon the arrival of such citizen at an inter5 national border of the United States. 

6 (2) GRACE PERIOD.—During a time period de7 termined by the Secretary, officers of the United 

8 States Customs and Border Patrol may permit citi9 zens of the United States and Canada who are un10 aware of the requirements of section 7209 of the In11 telligence Reform and Terrorism Prevention Act of 

12 2004 (Public Law 108–458; 8 U.S.C. 1185 note), or 

13 otherwise lacking appropriate documentation, to 

14 enter the United States upon a demonstration of 

15 citizenship satisfactory to the officer. Officers of the 

16 United States Customs and Border Patrol shall edu17 cate such individuals about documentary require18 ments. 

19 (g) TRAVEL BY CHILDREN.—Notwithstanding any 

20 other provision of law, the Secretary shall develop a proce21 dure to accommodate groups of children traveling by land 

22 across an international border under adult supervision 

23 with parental consent without requiring a government24 issued identity and citizenship document. 


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1 (h) PUBLIC PROMOTION.—The Secretary of State, in 

2 consultation with the Secretary, shall develop and imple3 ment an outreach plan to inform United States citizens 

4 about the Western Hemisphere Travel Initiative and the 

5 provisions of this Act, to facilitate the acquisition of ap6 propriate documentation to travel to Canada, Mexico, the 

7 countries located in the Caribbean, and Bermuda, and to 

8 educate United States citizens who are unaware of the re9 quirements for such travel. Such outreach plan should in10 clude— 

11 (1) written notifications posted at or near pub12 lic facilities, including border crossings, schools, li13 braries, Amtrak stations, and United States Post 

14 Offices located within 50 miles of the international 

15 border between the United States and Canada or the 

16 international border between the United States and 

17 Mexico and other ports of entry; 

18 (2) provisions to seek consent to post such noti19 fications on commercial property, such as offices of 

20 State departments of motor vehicles, gas stations, 

21 supermarkets, convenience stores, hotels, and travel 

22 agencies; 

23 (3) the collection and analysis of data to meas24 ure the success of the public promotion plan; and 

25 (4) additional measures as appropriate. 


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1 (i) CERTIFICATION.—Notwithstanding any other pro2 vision of law, the Secretary may not implement the plan 

3 described in section 7209(b) of the Intelligence Reform 

4 and Terrorism Prevention Act of 2004 (Public Law 108– 

5 458; 8 U.S.C. 1185 note) until the later of June 1, 2009, 

6 or the date that is 3 months after the Secretary of State 

7 and the Secretary certify to Congress that— 

8 (1)(A) if the Secretary and the Secretary of 

9 State develop and issue Passport Cards under this 

10 section— 

11 (i) such cards have been distributed to at 

12 least 90 percent of the eligible United States 

13 citizens who applied for such cards during the 

14 6-month period beginning not earlier than the 

15 date the Secretary of State began accepting ap16 plications for such cards and ending not earlier 

17 than 10 days prior to the date of certification; 

18 (ii) Passport Cards are provided to appli19 cants, on average, within 4 weeks of application 

20 or within the same period of time required to 

21 adjudicate a passport; and 

22 (iii) a successful pilot has demonstrated 

23 the effectiveness of the Passport Card; or 

24 (B) if the Secretary and the Secretary of State 

25 do not develop and issue Passport Cards under this 


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1 section and develop a program to issue an alter2 native document that satisfies the requirements of 

3 section 7209 of the Intelligence Reform and Ter4 rorism Prevention Act of 2004, in addition to the 

5 NEXUS, SENTRI, FAST and Border Crossing 

6 Card programs, such alternative document is widely 

7 available and well publicized; 

8 (2) United States border crossings have been 

9 equipped with sufficient document readers and other 

10 technologies to ensure that implementation will not 

11 substantially slow the flow of traffic and persons 

12 across international borders; 

13 (3) officers of the Bureau of Customs and Bor14 der Protection have received training and been pro15 vided the infrastructure necessary to accept Pass16 port Cards and all alternative identity documents at 

17 all United States border crossings; and 

18 (4) the outreach plan described in subsection 

19 (g) has been implemented and the Secretary deter20 mines such plan has been successful in providing in21 formation to United States citizens. 

22 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the Secretary of State 

24 and the Secretary such sums as may be necessary to carry 

25 out this section, and the amendment made by this section. 


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1 SEC. 136. RECRUITMENT AND RETENTION PROGRAM. 

2 (a) REQUIREMENT FOR PROGRAM.—The Secretary 

3 shall conduct a 5-year program to facilitate the recruit4 ment and retention of agents of the Bureau of Customs 

5 and Border Protection and of the Bureau of Immigration 

6 and Customs Enforcement. 

7 (b) REPORT.—Not less frequently than once every 90 

8 days during the 5-year duration of the program require9 ment by subsection (a), the Secretary shall submit to the 

10 appropriate committees of Congress a report on the re11 sults and progress of the program. Such report shall be 

12 submitted in an unclassified form and may include a clas13 sified annex, if necessary. 

14 (c) APPROPRIATE COMMITTEES OF CONGRESS DE15 FINED.—In this section, the term ‘‘appropriate commit16 tees of Congress’’ means— 

17 (1) the Committees on Armed Services, Home18 land Security and Governmental Affairs, and Appro19 priations of the Senate; and 

20 (2) the Committees on Armed Services, Home21 land Security, and Appropriations of the House of 

22 Representatives. 


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1 Subtitle D—Border Law 

2 Enforcement Relief Act 

3 SEC. 141. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Border Law En5 forcement Relief Act of 2007’’. 

6 SEC. 142. FINDINGS. 

7 Congress finds the following: 

8 (1) It is the obligation of the Federal Govern9 ment of the United States to adequately secure the 

10 Nation’s borders and prevent the flow of undocu11 mented persons and illegal drugs into the United 

12 States. 

13 (2) Despite the fact that the United States 

14 Border Patrol apprehends over 1,000,000 people 

15 each year trying to illegally enter the United States, 

16 according to the Congressional Research Service, the 

17 net growth in the number of unauthorized aliens has 

18 increased by approximately 500,000 each year. The 

19 Southwest border accounts for approximately 94 

20 percent of all migrant apprehensions each year. Cur21 rently, there are an estimated 11,000,000 unauthor22 ized aliens in the United States. 

23 (3) The border region is also a major corridor 

24 for the shipment of drugs. According to the El Paso 

25 Intelligence Center, 65 percent of the narcotics that 


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1 are sold in the markets of the United States enter 

2 the country through the Southwest Border. 

3 (4) Border communities continue to incur sig4 nificant costs due to the lack of adequate border se5 curity. A 2001 study by the United States-Mexico 

6 Border Counties Coalition found that law enforce7 ment and criminal justice expenses associated with 

8 illegal immigration exceed $89,000,000 annually for 

9 the Southwest border counties. 

10 (5) In August 2005, the States of New Mexico 

11 and Arizona declared states of emergency in order to 

12 provide local law enforcement immediate assistance 

13 in addressing criminal activity along the Southwest 

14 border. 

15 (6) While the Federal Government provides 

16 States and localities assistance in covering costs re17 lated to the detention of certain criminal aliens and 

18 the prosecution of Federal drug cases, local law en19 forcement along the border are provided no assist20 ance in covering such expenses and must use their 

21 limited resources to combat drug trafficking, human 

22 smuggling, kidnappings, the destruction of private 

23 property, and other border-related crimes. 

24 (7) The United States shares 5,525 miles of 

25 border with Canada and 1,989 miles with Mexico. 


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1 Many of the local law enforcement agencies located 

2 along the border are small, rural departments 

3 charged with patrolling large areas of land. Counties 

4 along the Southwest United States-Mexico border 

5 are some of the poorest in the country and lack the 

6 financial resources to cover the additional costs asso7 ciated with illegal immigration, drug trafficking, and 

8 other border-related crimes. 

9 (8) Federal assistance is required to help local 

10 law enforcement operating along the border address 

11 the unique challenges that arise as a result of their 

12 proximity to an international border and the lack of 

13 overall border security in the region 

14 SEC. 143. BORDER RELIEF GRANT PROGRAM. 

15 (a) GRANTS AUTHORIZED.— 

16 (1) IN GENERAL.—The Secretary is authorized 

17 to award grants, subject to the availability of appro18 priations, to an eligible law enforcement agency to 

19 provide assistance to such agency to address— 

20 (A) criminal activity that occurs in the ju21 risdiction of such agency by virtue of such 

22 agency’s proximity to the United States border; 

23 and 

24 (B) the impact of any lack of security 

25 along the United States border. 


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1 (2) DURATION.—Grants may be awarded under 

2 this subsection during fiscal years 2008 through 

3 2012. 

4 (3) COMPETITIVE BASIS.—The Secretary shall 

5 award grants under this subsection on a competitive 

6 basis, except that the Secretary shall give priority to 

7 applications from any eligible law enforcement agen8 cy serving a community— 

9 (A) with a population of less than 50,000; 

10 and 

11 (B) located no more than 100 miles from 

12 a United States border with— 

13 (i) Canada; or 

14 (ii) Mexico. 

15 (b) USE OF FUNDS.—Grants awarded pursuant to 

16 subsection (a) may only be used to provide additional re17 sources for an eligible law enforcement agency to address 

18 criminal activity occurring along any such border, includ19 ing— 

20 (1) to obtain equipment; 

21 (2) to hire additional personnel; 

22 (3) to upgrade and maintain law enforcement 

23 technology; 

24 (4) to cover operational costs, including over25 time and transportation costs; and 


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1 (5) such other resources as are available to as2 sist that agency. 

3 (c) APPLICATION.— 

4 (1) IN GENERAL.—Each eligible law enforce5 ment agency seeking a grant under this section shall 

6 submit an application to the Secretary at such time, 

7 in such manner, and accompanied by such informa8 tion as the Secretary may reasonably require. 

9 (2) CONTENTS.—Each application submitted 

10 pursuant to paragraph (1) shall— 

11 (A) describe the activities for which assist12 ance under this section is sought; and 

13 (B) provide such additional assurances as 

14 the Secretary determines to be essential to en15 sure compliance with the requirements of this 

16 section. 

17 (d) DEFINITIONS.—For the purposes of this section: 

18 (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— 

19 The term ‘‘eligible law enforcement agency’’ means 

20 a tribal, State, or local law enforcement agency— 

21 (A) located in a county no more than 100 

22 miles from a United States border with— 

23 (i) Canada; or 

24 (ii) Mexico; or 


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1 (B) located in a county more than 100 

2 miles from any such border, but where such 

3 county has been certified by the Secretary as a 

4 High Impact Area. 

5 (2) HIGH IMPACT AREA.—The term ‘‘High Im6 pact Area’’ means any county designated by the Sec7 retary as such, taking into consideration— 

8 (A) whether local law enforcement agencies 

9 in that county have the resources to protect the 

10 lives, property, safety, or welfare of the resi11 dents of that county; 

12 (B) the relationship between any lack of 

13 security along the United States border and the 

14 rise, if any, of criminal activity in that county; 

15 and 

16 (C) any other unique challenges that local 

17 law enforcement face due to a lack of security 

18 along the United States border. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) IN GENERAL.—There are authorized to be 

21 appropriated $50,000,000 for each of fiscal years 

22 2008 through 2012 to carry out the provisions of 

23 this section. 

24 (2) DIVISION OF AUTHORIZED FUNDS.—Of the 

25 amounts authorized under paragraph (1)— 


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(A) 2 1 ⁄3 shall be set aside for eligible law en2 forcement agencies located in the 6 States with 

3 the largest number of undocumented alien ap4 prehensions; and 

(B) 1 5 ⁄3 shall be set aside for areas des6 ignated as a High Impact Area under sub7 section (d). 

8 (f) SUPPLEMENT NOT SUPPLANT.—Amounts appro9 priated for grants under this section shall be used to sup10 plement and not supplant other State and local public 

11 funds obligated for the purposes provided under this title. 

12 SEC. 144. ENFORCEMENT OF FEDERAL IMMIGRATION LAW. 

13 Nothing in this subtitle shall be construed to author14 ize State or local law enforcement agencies or their officers 

15 to exercise Federal immigration law enforcement author16 ity. 

17 Subtitle E—Rapid Response 

18 Measures 

19 SEC. 151. DEPLOYMENT OF BORDER PATROL AGENTS. 

20 (a) EMERGENCY DEPLOYMENT OF BORDER PATROL

21 AGENTS.— 

22 (1) IN GENERAL.—If the Governor of a State 

23 on an international border of the United States de24 clares an international border security emergency 

25 and requests additional United States Border Patrol 


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1 agents (referred to in this subtitle as ‘‘agents’’) from 

2 the Secretary, the Secretary, subject to paragraphs 

3 (1) and (2), may provide the State with not more 

4 than 1,000 additional agents for the purpose of pa5 trolling and defending the international border, in 

6 order to prevent individuals from crossing the inter7 national border into the United States at any loca8 tion other than an authorized port of entry. 

9 (2) CONSULTATION.—Upon receiving a request 

10 for agents under paragraph (1), the Secretary, after 

11 consultation with the President, shall grant such re12 quest to the extent that providing such agents will 

13 not significantly impair the Department’s ability to 

14 provide border security for any other State. 

15 (3) COLLECTIVE BARGAINING.—Emergency de16 ployments under this subsection shall be made in ac17 cordance with all applicable collective bargaining 

18 agreements and obligations. 

19 (b) ELIMINATION OF FIXED DEPLOYMENT OF BOR20 DER PATROL AGENTS.—The Secretary shall ensure that 

21 agents are not precluded from performing patrol duties 

22 and apprehending violators of law, except in unusual cir23 cumstances if the temporary use of fixed deployment posi24 tions is necessary. 


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1 (c) INCREASE IN FULL-TIME BORDER PATROL

2 AGENTS.—Section 5202(a)(1) of the Intelligence Reform 

3 and Terrorism Prevention Act of 2004 (118 Stat. 3734), 

4 as amended by section 101(b)(2), is further amended by 

5 striking ‘‘2,000’’ and inserting ‘‘3,000’’. 

6 SEC. 152. BORDER PATROL MAJOR ASSETS. 

7 (a) CONTROL OF BORDER PATROL ASSETS.—The 

8 United States Border Patrol shall have complete and ex9 clusive administrative and operational control over all the 

10 assets utilized in carrying out its mission, including, air11 craft, watercraft, vehicles, detention space, transportation, 

12 and all of the personnel associated with such assets. 

13 (b) HELICOPTERS AND POWER BOATS.— 

14 (1) HELICOPTERS.—The Secretary shall in15 crease, by not less than 100, the number of heli16 copters under the control of the United States Bor17 der Patrol. The Secretary shall ensure that appro18 priate types of helicopters are procured for the var19 ious missions being performed. 

20 (2) POWER BOATS.—The Secretary shall in21 crease, by not less than 250, the number of power 

22 boats under the control of the United States Border 

23 Patrol. The Secretary shall ensure that the types of 

24 power boats that are procured are appropriate for 


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1 both the waterways in which they are used and the 

2 mission requirements. 

3 (3) USE AND TRAINING.—The Secretary shall— 

4 (A) establish an overall policy on how the 

5 helicopters and power boats procured under this 

6 subsection will be used; and 

7 (B) implement training programs for the 

8 agents who use such assets, including safe oper9 ating procedures and rescue operations. 

10 (c) MOTOR VEHICLES.— 

11 (1) QUANTITY.—The Secretary shall establish a 

12 fleet of motor vehicles appropriate for use by the 

13 United States Border Patrol that will permit a ratio 

14 of not less than 1 police-type vehicle for every 3 

15 agents. These police-type vehicles shall be replaced 

16 not less than every 3 years. The Secretary shall en17 sure that there are sufficient numbers and types of 

18 other motor vehicles to support the mission of the 

19 United States Border Patrol. 

20 (2) FEATURES.—All motor vehicles purchased 

21 for the United States Border Patrol shall— 

22 (A) be appropriate for the mission of the 

23 United States Border Patrol; and 

24 (B) have a panic button and a global posi25 tioning system device that is activated solely in 


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1 emergency situations to track the location of 

2 agents in distress. 

3 SEC. 153. ELECTRONIC EQUIPMENT. 

4 (a) PORTABLE COMPUTERS.—The Secretary shall en5 sure that each police-type motor vehicle in the fleet of the 

6 United States Border Patrol is equipped with a portable 

7 computer with access to all necessary law enforcement 

8 databases and otherwise suited to the unique operational 

9 requirements of the United States Border Patrol. 

10 (b) RADIO COMMUNICATIONS.—The Secretary shall 

11 augment the existing radio communications system so that 

12 all law enforcement personnel working in each area where 

13 United States Border Patrol operations are conducted 

14 have clear and encrypted 2-way radio communication ca15 pabilities at all times. Each portable communications de16 vice shall be equipped with a panic button and a global 

17 positioning system device that is activated solely in emer18 gency situations to track the location of agents in distress. 

19 (c) HAND-HELD GLOBAL POSITIONING SYSTEM DE20 VICES.—The Secretary shall ensure that each United 

21 States Border Patrol agent is issued a state-of-the-art 

22 hand-held global positioning system device for navigational 

23 purposes. 

24 (d) NIGHT VISION EQUIPMENT.—The Secretary shall 

25 ensure that sufficient quantities of state-of-the-art night 


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1 vision equipment are procured and maintained to enable 

2 each United States Border Patrol agent working during 

3 the hours of darkness to be equipped with a portable night 

4 vision device. 

5 SEC. 154. PERSONAL EQUIPMENT. 

6 (a) BORDER ARMOR.—The Secretary shall ensure 

7 that every agent is issued high-quality body armor that 

8 is appropriate for the climate and risks faced by the agent. 

9 Each agent shall be permitted to select from among a vari10 ety of approved brands and styles. Agents shall be strongly 

11 encouraged, but not required, to wear such body armor 

12 whenever practicable. All body armor shall be replaced not 

13 less than every 5 years. 

14 (b) WEAPONS.—The Secretary shall ensure that 

15 agents are equipped with weapons that are reliable and 

16 effective to protect themselves, their fellow agents, and in17 nocent third parties from the threats posed by armed 

18 criminals. The Secretary shall ensure that the policies of 

19 the Department authorize all agents to carry weapons that 

20 are suited to the potential threats that they face. 

21 (c) UNIFORMS.—The Secretary shall ensure that all 

22 agents are provided with all necessary uniform items, in23 cluding outerwear suited to the climate, footwear, belts, 

24 holsters, and personal protective equipment, at no cost to 

25 such agents. Such items shall be replaced at no cost to 


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1 such agents as they become worn, unserviceable, or no 

2 longer fit properly. 

3 SEC. 155. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to the Sec5 retary such sums as may be necessary for each of the fis6 cal years 2008 through 2012 to carry out this subtitle. 

7 TITLE II—INTERIOR 

8 ENFORCEMENT 

9 SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TER10 RORIST ALIENS. 

11 (a) ASYLUM.—Section 208(b)(2)(A)(v) (8 U.S.C. 

12 1158(b)(2)(A)(v)) is amended by striking ‘‘or (VI)’’ and 

13 inserting ‘‘(V), (VI), (VII), or (VIII)’’. 

14 (b) CANCELLATION OF REMOVAL.—Section 

15 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amended— 

16 (1) by striking ‘‘inadmissible under’’ and insert17 ing ‘‘described in’’; and 

18 (2) by striking ‘‘deportable under’’ and insert19 ing ‘‘described in’’. 

20 (c) VOLUNTARY DEPARTURE.—Section 

21 240B(b)(1)(C) (8 U.S.C. 1229c(b)(1)(C)) is amended by 

22 striking ‘‘deportable under section 237(a)(2)(A)(iii) or 

23 section 237(a)(4)’’ and inserting ‘‘described in paragraph 

24 (2)(A)(iii) or (4) of section 237(a)’’. 


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1 (d) RESTRICTION ON REMOVAL.—Section 

2 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended— 

3 (1) in clause (iii), by striking ‘‘or’’ at the end; 

4 (2) in clause (iv) by striking the period at the 

5 end and inserting ‘‘; or’’; 

6 (3) by inserting after clause (iv) the following: 

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

8 237(a)(4)(B) (other than an alien de9 scribed in section 212(a)(3)(B)(i)(IV) if 

10 the Secretary of Homeland Security deter11 mines that there are not reasonable 

12 grounds for regarding the alien as a dan13 ger to the security of the United States).’’; 

14 and 

15 (4) in the undesignated paragraph, by striking 

16 ‘‘For purposes of clause (iv), an alien who is de17 scribed in section 237(a)(4)(B) shall be considered 

18 to be an alien with respect to whom there are rea19 sonable grounds for regarding as a danger to the se20 curity of the United States.’’. 

21 (e) RECORD OF ADMISSION.—Section 249 (8 U.S.C. 

22 1259) is amended to read as follows: 


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1 ‘‘SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESI2 DENCE IN THE CASE OF CERTAIN ALIENS 

3 WHO ENTERED THE UNITED STATES PRIOR 

4 TO JANUARY 1, 1972. 

5 ‘‘A record of lawful admission for permanent resi6 dence may be made, in the discretion of the Secretary of 

7 Homeland Security and under such regulations as the Sec8 retary may prescribe, for any alien, as of the date of the 

9 approval of the alien’s application or, if entry occurred be10 fore July 1, 1924, as of the date of such entry if no such 

11 record is otherwise available, if the alien establishes that 

12 the alien— 

13 ‘‘(1) is not described in section 212(a)(3)(E) or 

14 in section 212(a) (insofar as it relates to criminals, 

15 procurers, other immoral persons, subversives, viola16 tors of the narcotics laws, or smugglers of aliens); 

17 ‘‘(2) entered the United States before January 

18 1, 1972; 

19 ‘‘(3) has resided in the United States continu20 ously since such entry; 

21 ‘‘(4) is a person of good moral character; 

22 ‘‘(5) is not ineligible for citizenship; and 

23 ‘‘(6) is not described in section 237(a)(4)(B).’’. 

24 (f) EFFECTIVE DATE AND APPLICATION.—The 

25 amendments made by this section shall— 


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1 (1) take effect on the date of the enactment of 

2 this Act; and 

3 (2) apply to any act or condition constituting a 

4 ground for inadmissibility, excludability, or removal 

5 occurring or existing on or after the date of the en6 actment of this Act. 

7 SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED 

8 REMOVED. 

9 (a) IN GENERAL.— 

10 (1) AMENDMENTS.—Section 241(a) (8 U.S.C. 

11 1231(a)) is amended— 

12 (A) by striking ‘‘Attorney General’’ the 

13 first place it appears and inserting ‘‘Secretary 

14 of Homeland Security’’; 

15 (B) by striking ‘‘Attorney General’’ any 

16 other place it appears and inserting ‘‘Sec17 retary’’; 

18 (C) in paragraph (1)— 

19 (i) in subparagraph (B), by amending 

20 clause (ii) to read as follows: 

21 ‘‘(ii) If a court, the Board of Immi22 gration Appeals, or an immigration judge 

23 orders a stay of the removal of the alien, 

24 the expiration date of the stay of re25 moval.’’; 


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1 (ii) by amending subparagraph (C) to 

2 read as follows: 

3 ‘‘(C) EXTENSION OF PERIOD.—The re4 moval period shall be extended beyond a period 

5 of 90 days and the alien may remain in deten6 tion during such extended period if the alien 

7 fails or refuses to— 

8 ‘‘(i) make all reasonable efforts to 

9 comply with the removal order; or 

10 ‘‘(ii) fully cooperate with the Sec11 retary’s efforts to establish the alien’s 

12 identity and carry out the removal order, 

13 including failing to make timely application 

14 in good faith for travel or other documents 

15 necessary to the alien’s departure, or con16 spiring or acting to prevent the alien’s re17 moval.’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(D) TOLLING OF PERIOD.—If, at the 

21 time described in subparagraph (B), the alien is 

22 not in the custody of the Secretary under the 

23 authority of this Act, the removal period shall 

24 not begin until the alien is taken into such cus25 tody. If the Secretary lawfully transfers custody 


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1 of the alien during the removal period to an2 other Federal agency or to a State or local gov3 ernment agency in connection with the official 

4 duties of such agency, the removal period shall 

5 be tolled, and shall recommence on the date on 

6 which the alien is returned to the custody of the 

7 Secretary.’’; 

8 (D) in paragraph (2), by adding at the end 

9 the following: ‘‘If a court, the Board of Immi10 gration Appeals, or an immigration judge or11 ders a stay of removal of an alien who is sub12 ject to an administrative final order of removal, 

13 the Secretary, in the exercise of discretion, may 

14 detain the alien during the pendency of such 

15 stay of removal.’’; 

16 (E) in paragraph (3), by amending sub17 paragraph (D) to read as follows: 

18 ‘‘(D) to obey reasonable restrictions on the 

19 alien’s conduct or activities, or to perform af20 firmative acts, that the Secretary prescribes for 

21 the alien— 

22 ‘‘(i) to prevent the alien from ab23 sconding; 

24 ‘‘(ii) for the protection of the commu25 nity; or 


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1 ‘‘(iii) for other purposes related to the 

2 enforcement of the immigration laws.’’; 

3 (F) in paragraph (6), by striking ‘‘removal 

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

5 period, in the discretion of the Secretary, with6 out any limitations other than those specified in 

7 this section, until the alien is removed. If an 

8 alien is released, the alien’’; 

9 (G) by redesignating paragraph (7) as 

10 paragraph (10); and 

11 (H) by inserting after paragraph (6) the 

12 following: 

13 ‘‘(7) PAROLE.—If an alien detained pursuant to 

14 paragraph (6) is an applicant for admission, the 

15 Secretary of Homeland Security, in the Secretary’s 

16 discretion, may parole the alien under section 

17 212(d)(5) and may provide, notwithstanding section 

18 212(d)(5), that the alien shall not be returned to 

19 custody unless either the alien violates the conditions 

20 of the alien’s parole or the alien’s removal becomes 

21 reasonably foreseeable, provided that in no cir22 cumstance shall such alien be considered admitted. 

23 ‘‘(8) ADDITIONAL RULES FOR DETENTION OR

24 RELEASE OF ALIENS.—The following procedures 

25 shall apply to an alien detained under this section: 


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1 ‘‘(A) DETENTION REVIEW PROCESS FOR

2 ALIENS WHO HAVE EFFECTED AN ENTRY AND

3 FULLY COOPERATE WITH REMOVAL.—The Sec4 retary of Homeland Security shall establish an 

5 administrative review process to determine 

6 whether an alien described in subparagraph (B) 

7 should be detained or released after the removal 

8 period in accordance with this paragraph. 

9 ‘‘(B) ALIEN DESCRIBED.—An alien is de10 scribed in this subparagraph if the alien— 

11 ‘‘(i) has effected an entry into the 

12 United States; 

13 ‘‘(ii) has made all reasonable efforts 

14 to comply with the alien’s removal order; 

15 ‘‘(iii) has cooperated fully with the 

16 Secretary’s efforts to establish the alien’s 

17 identity and to carry out the removal 

18 order, including making timely application 

19 in good faith for travel or other documents 

20 necessary for the alien’s departure; and 

21 ‘‘(iv) has not conspired or acted to 

22 prevent removal. 

23 ‘‘(C) EVIDENCE.—In making a determina24 tion under subparagraph (A), the Secretary— 


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1 ‘‘(i) shall consider any evidence sub2 mitted by the alien; 

3 ‘‘(ii) may consider any other evidence, 

4 including— 

5 ‘‘(I) any information or assist6 ance provided by the Department of 

7 State or other Federal agency; and 

8 ‘‘(II) any other information avail9 able to the Secretary pertaining to the 

10 ability to remove the alien. 

11 ‘‘(D) AUTHORITY TO DETAIN FOR 90 DAYS

12 BEYOND REMOVAL PERIOD.—The Secretary, in 

13 the exercise of the Secretary’s discretion and 

14 without any limitations other than those speci15 fied in this section, may detain an alien for 90 

16 days beyond the removal period (including any 

17 extension of the removal period under para18 graph (1)(C)). 

19 ‘‘(E) AUTHORITY TO DETAIN FOR ADDI20 TIONAL PERIOD.—The Secretary, in the exer21 cise of the Secretary’s discretion and without 

22 any limitations other than those specified in 

23 this section, may detain an alien beyond the 90- 

24 day period authorized under subparagraph (D) 

25 until the alien is removed, if the Secretary— 


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1 ‘‘(i) determines that there is a signifi2 cant likelihood that the alien will be re3 moved in the reasonably foreseeable future; 

4 or 

5 ‘‘(ii) certifies in writing— 

6 ‘‘(I) in consultation with the Sec7 retary of Health and Human Services, 

8 that the alien has a highly contagious 

9 disease that poses a threat to public 

10 safety; 

11 ‘‘(II) after receipt of a written 

12 recommendation from the Secretary of 

13 State, that the release of the alien 

14 would likely have serious adverse for15 eign policy consequences for the 

16 United States; 

17 ‘‘(III) based on information avail18 able to the Secretary (including classi19 fied, sensitive, or national security in20 formation, and regardless of the 

21 grounds upon which the alien was or22 dered removed), that there is reason 

23 to believe that the release of the alien 

24 would threaten the national security 

25 of the United States; 


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1 ‘‘(IV) that— 

2 ‘‘(aa) the release of the alien 

3 would threaten the safety of the 

4 community or any person, and 

5 conditions of release cannot rea6 sonably be expected to ensure the 

7 safety of the community or any 

8 person; and 

9 ‘‘(bb) the alien— 

10 ‘‘(AA) has been con11 victed of 1 or more aggra12 vated felonies (as defined in 

13 section 101(a)(43)(A)), or of 

14 1 or more attempts or con15 spiracies to commit any such 

16 aggravated felonies for an 

17 aggregate term of imprison18 ment of at least 5 years; or 

19 ‘‘(BB) has committed a 

20 crime of violence (as defined 

21 in section 16 of title 18, 

22 United States Code, but not 

23 including a purely political 

24 offense) and, because of a 

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1 ality disorder and behavior 

2 associated with that condi3 tion or disorder, is likely to 

4 engage in acts of violence in 

5 the future; or 

6 ‘‘(V) that— 

7 ‘‘(aa) the release of the alien 

8 would threaten the safety of the 

9 community or any person, not10 withstanding conditions of release 

11 designed to ensure the safety of 

12 the community or any person; 

13 and 

14 ‘‘(bb) the alien has been 

15 convicted of 1 or more aggra16 vated felonies (as defined in sec17 tion 101(a)(43)) for which the 

18 alien was sentenced to an aggre19 gate term of imprisonment of not 

20 less than 1 year. 

21 ‘‘(F) ADMINISTRATIVE REVIEW PROC22 ESS.—The Secretary, without any limitations 

23 other than those specified in this section, may 

24 detain an alien pending a determination under 

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1 ated the administrative review process identified 

2 in subparagraph (A) not later than 30 days 

3 after the expiration of the removal period (in4 cluding any extension of the removal period 

5 under paragraph (1)(C)). 

6 ‘‘(G) RENEWAL AND DELEGATION OF CER7 TIFICATION.— 

8 ‘‘(i) RENEWAL.—The Secretary may 

9 renew a certification under subparagraph 

10 (E)(ii) every 6 months, without limitation, 

11 after providing the alien with an oppor12 tunity to request reconsideration of the 

13 certification and to submit documents or 

14 other evidence in support of that request. 

15 If the Secretary does not renew such cer16 tification, the Secretary shall release the 

17 alien, pursuant to subparagraph (H). 

18 ‘‘(ii) DELEGATION.—Notwithstanding 

19 any other provision of law, the Secretary 

20 may not delegate the authority to make or 

21 renew a certification described in subclause 

22 (II), (III), or (V) of subparagraph (E)(ii) 

23 to any employee reporting to the Assistant 

24 Secretary for Immigration and Customs 

25 Enforcement. 


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1 ‘‘(iii) HEARING.—The Secretary may 

2 request that the Attorney General, or a 

3 designee of the Attorney General, provide 

4 for a hearing to make the determination 

5 described in subparagraph 

6 (E)(ii)(IV)(bb)(BB). 

7 ‘‘(H) RELEASE ON CONDITIONS.—If it is 

8 determined that an alien should be released 

9 from detention, the Secretary may, in the Sec10 retary’s discretion, impose conditions on release 

11 in accordance with the regulations prescribed 

12 pursuant to paragraph (3). 

13 ‘‘(I) REDETENTION.—The Secretary, with14 out any limitations other than those specified in 

15 this section, may detain any alien subject to a 

16 final removal order who has previously been re17 leased from custody if— 

18 ‘‘(i) the alien fails to comply with the 

19 conditions of release; 

20 ‘‘(ii) the alien fails to continue to sat21 isfy the conditions described in subpara22 graph (B); or 

23 ‘‘(iii) upon reconsideration, the Sec24 retary determines that the alien can be de25 tained under subparagraph (E). 


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1 ‘‘(J) APPLICABILITY.—This paragraph and 

2 paragraphs (6) and (7) shall apply to any alien 

3 returned to custody under subparagraph (I) as 

4 if the removal period terminated on the day of 

5 the redetention. 

6 ‘‘(K) DETENTION REVIEW PROCESS FOR

7 ALIENS WHO HAVE EFFECTED AN ENTRY AND

8 FAIL TO COOPERATE WITH REMOVAL.—The 

9 Secretary shall detain an alien until the alien 

10 makes all reasonable efforts to comply with a 

11 removal order and to cooperate fully with the 

12 Secretary’s efforts, if the alien— 

13 ‘‘(i) has effected an entry into the 

14 United States; and 

15 ‘‘(ii)(I) and the alien faces a signifi16 cant likelihood that the alien will be re17 moved in the reasonably foreseeable future, 

18 or would have been removed if the alien 

19 had not— 

20 ‘‘(aa) failed or refused to make 

21 all reasonable efforts to comply with a 

22 removal order; 

23 ‘‘(bb) failed or refused to fully 

24 cooperate with the Secretary’s efforts 

25 to establish the alien’s identity and 


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1 carry out the removal order, including 

2 the failure to make timely application 

3 in good faith for travel or other docu4 ments necessary to the alien’s depar5 ture; or 

6 ‘‘(cc) conspired or acted to pre7 vent removal; or 

8 ‘‘(II) the Secretary makes a certifi9 cation as specified in subparagraph (E), or 

10 the renewal of a certification specified in 

11 subparagraph (G). 

12 ‘‘(L) DETENTION REVIEW PROCESS FOR

13 ALIENS WHO HAVE NOT EFFECTED AN

14 ENTRY.—Except as otherwise provided in this 

15 subparagraph, the Secretary shall follow the 

16 guidelines established in section 241.4 of title 8, 

17 Code of Federal Regulations, when detaining 

18 aliens who have not effected an entry. The Sec19 retary may decide to apply the review process 

20 outlined in this paragraph. 

21 ‘‘(9) JUDICIAL REVIEW.—Without regard to the 

22 place of confinement, judicial review of any action or 

23 decision made pursuant to paragraph (6), (7), or (8) 

24 shall be available exclusively in a habeas corpus pro25 ceeding brought in a United States district court 


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1 and only if the alien has exhausted all administrative 

2 remedies (statutory and nonstatutory) available to 

3 the alien as of right.’’. 

4 (2) EFFECTIVE DATE.—The amendments made 

5 by paragraph (1)— 

6 (A) shall take effect on the date of the en7 actment of this Act; and 

8 (B) shall apply to— 

9 (i) any alien subject to a final admin10 istrative removal, deportation, or exclusion 

11 order that was issued before, on, or after 

12 the date of the enactment of this Act; and 

13 (ii) any act or condition occurring or 

14 existing before, on, or after the date of the 

15 enactment of this Act. 

16 (b) CRIMINAL DETENTION OF ALIENS.—Section 

17 3142 of title 18, United States Code, is amended— 

18 (1) in subsection (e)— 

19 (A) by redesignating paragraphs (1), (2), 

20 and (3) as subparagraphs (A), (B), and (C), re21 spectively; 

22 (B) by inserting ‘‘(1)’’ before ‘‘If, after a 

23 hearing’’; 


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1 (C) in subparagraphs (B) and (C), as re2 designated, by striking ‘‘paragraph (1)’’ and in3 serting ‘‘subparagraph (A)’’; and 

4 (D) by adding after subparagraph (C), as 

5 redesignated, the following: 

6 ‘‘(2) Subject to rebuttal by the person, it shall be pre7 sumed that no condition or combination of conditions will 

8 reasonably assure the appearance of the person as re9 quired if the judicial officer finds that there is probable 

10 cause to believe that the person— 

11 ‘‘(A) is an alien; and 

12 ‘‘(B)(i) has no lawful immigration status in the 

13 United States; 

14 ‘‘(ii) is the subject of a final order of removal; 

15 or 

16 ‘‘(iii) has committed a felony offense under sec17 tion 911, 922(g)(5), 1015, 1028, 1425, or 1426 of 

18 this title, chapter 75 or 77 of this title, or section 

19 243, 274, 275, 276, 277, or 278 of the Immigration 

20 and Nationality Act (8 U.S.C. 1253, 1324, 1325, 

21 1326, 2327, and 1328).’’; and 

22 (2) in subsection (g)(3)— 

23 (A) in subparagraph (A), by striking 

24 ‘‘and’’ at the end; and 

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


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1 ‘‘(C) the person’s immigration status; 

2 and’’. 

3 SEC. 203. AGGRAVATED FELONY. 

4 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

5 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended— 

6 (1) by striking ‘‘The term ‘aggravated felony’ 

7 means—’’ and inserting ‘‘Notwithstanding any other 

8 provision of law (except for the provision providing 

9 an effective date for section 203 of the Border Secu10 rity and Immigration Reform Act of 2007), the term 

11 ‘aggravated felony’ applies to an offense described in 

12 this paragraph, whether in violation of Federal or 

13 State law and to such an offense in violation of the 

14 law of a foreign country, for which the term of im15 prisonment was completed within the previous 15 

16 years, even if the length of the term of imprisonment 

17 is based on recidivist or other enhancements and re18 gardless of whether the conviction was entered be19 fore, on, or after September 30, 1996, and

20 means—’’; 

21 (2) in subparagraph (A), by striking ‘‘murder, 

22 rape, or sexual abuse of a minor;’’ and inserting 

23 ‘‘murder, rape, or sexual abuse of a minor, whether 

24 or not the minority of the victim is established by 


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1 evidence contained in the record of conviction or by 

2 evidence extrinsic to the record of conviction;’’; 

3 (3) in subparagraph (N), by striking ‘‘para4 graph (1)(A) or (2) of’’; 

5 (4) in subparagraph (O), by striking ‘‘section 

6 275(a) or 276 committed by an alien who was pre7 viously deported on the basis of a conviction for an 

8 offense described in another subparagraph of this 

9 paragraph’’ and inserting ‘‘section 275 or 276 for 

10 which the term of imprisonment is at least 1 year’’; 

11 (5) in subparagraph (U), by striking ‘‘an at12 tempt or conspiracy to commit an offense described 

13 in this paragraph’’ and inserting ‘‘aiding or abetting 

14 an offense described in this paragraph, or soliciting, 

15 counseling, procuring, commanding, or inducing an16 other, attempting, or conspiring to commit such an 

17 offense’’; and 

18 (6) by striking the undesignated matter fol19 lowing subparagraph (U). 

20 (b) EFFECTIVE DATE AND APPLICATION.— 

21 (1) IN GENERAL.—The amendments made by 

22 subsection (a) shall— 

23 (A) take effect on the date of the enact24 ment of this Act; and 


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1 (B) apply to any act that occurred on or 

2 after the date of the enactment of this Act. 

3 (2) APPLICATION OF IIRAIRA AMENDMENTS.— 

4 The amendments to section 101(a)(43) of the Immi5 gration and Nationality Act made by section 321 of 

6 the Illegal Immigration Reform and Immigrant Re7 sponsibility Act of 1996 (division C of Public Law 

8 104–208; 110 Stat. 3009–627) shall continue to 

9 apply, whether the conviction was entered before, on, 

10 or after September 30, 1996. 

11 SEC. 204. TERRORIST BARS. 

12 (a) DEFINITION OF GOOD MORAL CHARACTER.— 

13 Section 101(f) (8 U.S.C. 1101(f)) is amended— 

14 (1) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) an alien described in section 212(a)(3) or 

17 237(a)(4), as determined by the Secretary of Home18 land Security or Attorney General based upon any 

19 relevant information or evidence, including classified, 

20 sensitive, or national security information;’’; 

21 (2) in paragraph (8), by striking ‘‘(as defined 

22 in subsection (a)(43))’’ and inserting the following: 

23 ‘‘, regardless of whether the crime was defined as an 

24 aggravated felony under subsection (a)(43) at the 

25 time of the conviction, unless— 


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1 ‘‘(A) the person completed the term of im2 prisonment and sentence not later than 10 

3 years before the date of application; and 

4 ‘‘(B) the Secretary of Homeland Security 

5 or the Attorney General waives the application 

6 of this paragraph; or’’; and 

7 (3) in the undesignated matter following para8 graph (9), by striking ‘‘a finding that for other rea9 sons such person is or was not of good moral char10 acter’’ and inserting the following: ‘‘a discretionary 

11 finding for other reasons that such a person is or 

12 was not of good moral character. In determining an 

13 applicant’s moral character, the Secretary of Home14 land Security and the Attorney General may take 

15 into consideration the applicant’s conduct and acts 

16 at any time and are not limited to the period during 

17 which good moral character is required.’’. 

18 (b) PENDING PROCEEDINGS.—Section 204(b) (8 

19 U.S.C. 1154(b)) is amended by adding at the end the fol20 lowing: ‘‘A petition may not be approved under this section 

21 if there is any administrative or judicial proceeding 

22 (whether civil or criminal) pending against the petitioner 

23 that could directly or indirectly result in the petitioner’s 

24 denaturalization or the loss of the petitioner’s lawful per25 manent resident status.’’. 


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1 (c) CONDITIONAL PERMANENT RESIDENT STATUS.— 

2 (1) IN GENERAL.—Section 216(e) (8 U.S.C. 

3 1186a(e)) is amended by inserting ‘‘if the alien has 

4 had the conditional basis removed pursuant to this 

5 section’’ before the period at the end. 

6 (2) CERTAIN ALIEN ENTREPRENEURS.—Section 

7 216A(e) (8 U.S.C. 1186b(e)) is amended by insert8 ing ‘‘if the alien has had the conditional basis re9 moved pursuant to this section’’ before the period at 

10 the end. 

11 (d) JUDICIAL REVIEW OF NATURALIZATION APPLI12 CATIONS.—Section 310(c) (8 U.S.C. 1421(c)) is amend13 ed— 

14 (1) by inserting ‘‘, not later than 120 days after 

15 the Secretary of Homeland Security’s final deter16 mination,’’ after ‘‘may’’; and 

17 (2) by adding at the end the following: ‘‘Except 

18 that in any proceeding, other than a proceeding 

19 under section 340, the court shall review for sub20 stantial evidence the administrative record and find21 ings of the Secretary of Homeland Security regard22 ing whether an alien is a person of good moral char23 acter, understands and is attached to the principles 

24 of the Constitution of the United States, or is well 

25 disposed to the good order and happiness of the 


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1 United States. The petitioner shall have the burden 

2 of showing that the Secretary’s denial of the applica3 tion was contrary to law.’’. 

4 (e) PERSONS ENDANGERING NATIONAL SECURITY.— 

5 Section 316 (8 U.S.C. 1427) is amended by adding at the 

6 end the following: 

7 ‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU8 RITY.—A person may not be naturalized if the Secretary 

9 of Homeland Security determines, based upon any rel10 evant information or evidence, including classified, sen11 sitive, or national security information, that the person 

12 was once an alien described in section 212(a)(3) or 

13 237(a)(4).’’. 

14 (f) CONCURRENT NATURALIZATION AND REMOVAL

15 PROCEEDINGS.—Section 318 (8 U.S.C. 1429) is amended 

16 by striking ‘‘the Attorney General if’’ and all that follows 

17 and inserting: ‘‘the Secretary of Homeland Security or any 

18 court if there is pending against the applicant any removal 

19 proceeding or other proceeding to determine the appli20 cant’s inadmissibility or deportability, or to determine 

21 whether the applicant’s lawful permanent resident status 

22 should be rescinded, regardless of when such proceeding 

23 was commenced. The findings of the Attorney General in 

24 terminating removal proceedings or canceling the removal 

25 of an alien under this Act shall not be deemed binding 


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1 in any way upon the Secretary of Homeland Security with 

2 respect to the question of whether such person has estab3 lished eligibility for naturalization in accordance with this 

4 title.’’. 

5 (g) DISTRICT COURT JURISDICTION.—Section 

6 336(b) (8 U.S.C. 1447(b)) is amended to read as follows: 

7 ‘‘(b) REQUEST FOR HEARING BEFORE DISTRICT

8 COURT.—If there is a failure to render a final administra9 tive decision under section 335 before the end of the 180- 

10 day period beginning on the date on which the Secretary 

11 of Homeland Security completes all examinations and 

12 interviews required under such section, the applicant may 

13 apply to the district court for the district in which the 

14 applicant resides for a hearing on the matter. The Sec15 retary shall notify the applicant when such examinations 

16 and interviews have been completed. Such district court 

17 shall only have jurisdiction to review the basis for delay 

18 and remand the matter, with appropriate instructions, to 

19 the Secretary for the Secretary’s determination on the ap20 plication.’’. 

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

22 this section— 

23 (1) shall take effect on the date of the enact24 ment of this Act; and 


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1 (2) shall apply to any act that occurred on or 

2 after such date of enactment. 

3 SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO 

4 GANG VIOLENCE, REMOVAL, AND ALIEN 

5 SMUGGLING. 

6 (a) CRIMINAL STREET GANGS.— 

7 (1) INADMISSIBILITY.—Section 212(a)(2) (8 

8 U.S.C. 1182(a)(2)) is amended— 

9 (A) by redesignating subparagraph (F) as 

10 subparagraph (J); and 

11 (B) by inserting after subparagraph (E) 

12 the following: 

13 ‘‘(F) MEMBERS OF CRIMINAL STREET

14 GANGS.—Unless the Secretary of Homeland Se15 curity or the Attorney General waives the appli16 cation of this subparagraph, any alien who a 

17 consular officer, the Attorney General, or the 

18 Secretary of Homeland Security knows or has 

19 reason to believe— 

20 ‘‘(i) is, or has been, a member of a 

21 criminal street gang (as defined in section 

22 521(a) of title 18, United States Code); or 

23 ‘‘(ii) has participated in the activities 

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1 moted, furthered, aided, or supported the 

2 illegal activity of the criminal gang, 

3 is inadmissible.’’. 

4 (2) DEPORTABILITY.—Section 237(a)(2) (8 

5 U.S.C. 1227(a)(2)) is amended by adding at the end 

6 the following: 

7 ‘‘(F) MEMBERS OF CRIMINAL STREET

8 GANGS.—Unless the Secretary of Homeland Se9 curity or the Attorney General waives the appli10 cation of this subparagraph, any alien who the 

11 Secretary of Homeland Security or the Attorney 

12 General knows or has reason to believe— 

13 ‘‘(i) is, or at any time after admission 

14 has been, a member of a criminal street 

15 gang (as defined in section 521(a) of title 

16 18, United States Code); or 

17 ‘‘(ii) has participated in the activities 

18 of a criminal street gang, knowing or hav19 ing reason to know that such activities pro20 moted, furthered, aided, or supported the 

21 illegal activity of the criminal gang, 

22 is deportable.’’. 

23 (3) TEMPORARY PROTECTED STATUS.—Section 

24 244 (8 U.S.C. 1254a) is amended— 


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

2 place it appears and inserting ‘‘Secretary of 

3 Homeland Security’’; 

4 (B) in subsection (b)(3)— 

5 (i) in subparagraph (B), by striking 

6 the last sentence and inserting the fol7 lowing: ‘‘Notwithstanding any other provi8 sion of this section, the Secretary of 

9 Homeland Security may, for any reason 

10 (including national security), terminate or 

11 modify any designation under this section. 

12 Such termination or modification is effec13 tive upon publication in the Federal Reg14 ister, or after such time as the Secretary 

15 may designate in the Federal Register.’’; 

16 (ii) in subparagraph (C), by striking 

17 ‘‘a period of 12 or 18 months’’ and insert18 ing ‘‘any other period not to exceed 18 

19 months’’; 

20 (C) in subsection (c)— 

21 (i) in paragraph (1)(B), by striking 

22 ‘‘The amount of any such fee shall not ex23 ceed $50.’’; 

24 (ii) in paragraph (2)(B)— 


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1 (I) in clause (i), by striking ‘‘, 

2 or’’ at the end; 

3 (II) in clause (ii), by striking the 

4 period at the end and inserting ‘‘; or’’; 

5 and 

6 (III) by adding at the end the 

7 following: 

8 ‘‘(iii) the alien is, or at any time after 

9 admission has been, a member of a crimi10 nal street gang (as defined in section 

11 521(a) of title 18, United States Code).’’; 

12 and 

13 (D) in subsection (d)— 

14 (i) by striking paragraph (3); and 

15 (ii) in paragraph (4), by adding at the 

16 end the following: ‘‘The Secretary of 

17 Homeland Security may detain an alien 

18 provided temporary protected status under 

19 this section whenever appropriate under 

20 any other provision of law.’’. 

21 (b) PENALTIES RELATED TO REMOVAL.—Section 

22 243 (8 U.S.C. 1253) is amended— 

23 (1) in subsection (a)(1)— 


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1 (A) in the matter preceding subparagraph 

2 (A), by inserting ‘‘212(a) or’’ after ‘‘section’’; 

3 and 

4 (B) in the matter following subparagraph 

5 (D)— 

6 (i) by striking ‘‘or imprisoned not 

7 more than four years’’ and inserting ‘‘and 

8 imprisoned for not less than 6 months or 

9 more than 5 years’’; and 

10 (ii) by striking ‘‘, or both’’; 

11 (2) in subsection (b), by striking ‘‘not more 

12 than $1000 or imprisoned for not more than one 

13 year, or both’’ and inserting ‘‘under title 18, United 

14 States Code, and imprisoned for not less than 6 

15 months or more than 5 years (or for not more than 

16 10 years if the alien is a member of any of the class17 es described in paragraphs (1)(E), (2), (3), and (4) 

18 of section 237(a)).’’; and 

19 (3) by amending subsection (d) to read as fol20 lows: 

21 ‘‘(d) DENYING VISAS TO NATIONALS OF COUNTRY

22 DENYING OR DELAYING ACCEPTING ALIEN.—The Sec23 retary of Homeland Security, after making a determina24 tion that the government of a foreign country has denied 

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1 izen, subject, national, or resident of that country after 

2 the alien has been ordered removed, and after consultation 

3 with the Secretary of State, may instruct the Secretary 

4 of State to deny a visa to any citizen, subject, national, 

5 or resident of that country until the country accepts the 

6 alien that was ordered removed.’’. 

7 (c) ALIEN SMUGGLING AND RELATED OFFENSES.— 

8 (1) IN GENERAL.—Section 274 (8 U.S.C. 

9 1324), is amended to read as follows: 

10 ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES. 

11 ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— 

12 ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro13 vided in paragraph (3), a person shall be punished 

14 as provided under paragraph (2), if the person— 

15 ‘‘(A) facilitates, encourages, directs, or in16 duces a person to come to or enter the United 

17 States, or to cross the border to the United 

18 States, knowing or in reckless disregard of the 

19 fact that such person is an alien who lacks law20 ful authority to come to, enter, or cross the bor21 der to the United States; 

22 ‘‘(B) facilitates, encourages, directs, or in23 duces a person to come to or enter the United 

24 States, or to cross the border to the United 

25 States, at a place other than a designated port 


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1 of entry or place other than as designated by 

2 the Secretary of Homeland Security, knowing 

3 or in reckless disregard of the fact that such 

4 person is an alien and regardless of whether 

5 such alien has official permission or lawful au6 thority to be in the United States; 

7 ‘‘(C) transports, moves, harbors, conceals, 

8 or shields from detection a person outside of 

9 the United States knowing or in reckless dis10 regard of the fact that such person is an alien 

11 in unlawful transit from 1 country to another 

12 or on the high seas, under circumstances in 

13 which the alien is seeking to enter the United 

14 States without official permission or legal au15 thority; 

16 ‘‘(D) encourages or induces a person to re17 side in the United States, knowing or in reck18 less disregard of the fact that such person is an 

19 alien who lacks lawful authority to reside in the 

20 United States; 

21 ‘‘(E) transports or moves a person in the 

22 United States, knowing or in reckless disregard 

23 of the fact that such person is an alien who 

24 lacks lawful authority to enter or be in the 

25 United States, if the transportation or moveVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 ment will further the alien’s illegal entry into or 

2 illegal presence in the United States; 

3 ‘‘(F) harbors, conceals, or shields from de4 tection a person in the United States, knowing 

5 or in reckless disregard of the fact that such 

6 person is an alien who lacks lawful authority to 

7 be in the United States; or 

8 ‘‘(G) conspires or attempts to commit any 

9 of the acts described in subparagraphs (A) 

10 through (F). 

11 ‘‘(2) CRIMINAL PENALTIES.—A person who vio12 lates any provision under paragraph (1)— 

13 ‘‘(A) except as provided in subparagraphs 

14 (C) through (G), if the offense was not com15 mitted for commercial advantage, profit, or pri16 vate financial gain, shall be fined under title 18, 

17 United States Code, imprisoned for not more 

18 than 5 years, or both; 

19 ‘‘(B) except as provided in subparagraphs 

20 (C) through (G), if the offense was committed 

21 for commercial advantage, profit, or private fi22 nancial gain— 

23 ‘‘(i) if the violation is the offender’s 

24 first violation under this subparagraph, 


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1 shall be fined under such title, imprisoned 

2 for not more than 20 years, or both; or 

3 ‘‘(ii) if the violation is the offender’s 

4 second or subsequent violation of this sub5 paragraph, shall be fined under such title, 

6 imprisoned for not less than 3 years or 

7 more than 20 years, or both; 

8 ‘‘(C) if the offense furthered or aided the 

9 commission of any other offense against the 

10 United States or any State that is punishable 

11 by imprisonment for more than 1 year, shall be 

12 fined under such title, imprisoned for not less 

13 than 5 years or more than 20 years, or both; 

14 ‘‘(D) shall be fined under such title, im15 prisoned not less than 5 years or more than 20 

16 years, or both, if the offense created a substan17 tial and foreseeable risk of death, a substantial 

18 and foreseeable risk of serious bodily injury (as 

19 defined in section 2119(2) of title 18, United 

20 States Code), or inhumane conditions to an21 other person, including— 

22 ‘‘(i) transporting the person in an en23 gine compartment, storage compartment, 

24 or other confined space; 


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1 ‘‘(ii) transporting the person at an ex2 cessive speed or in excess of the rated ca3 pacity of the means of transportation; or 

4 ‘‘(iii) transporting the person in, har5 boring the person in, or otherwise sub6 jecting the person to crowded or dangerous 

7 conditions; 

8 ‘‘(E) if the offense caused serious bodily 

9 injury (as defined in section 2119(2) of title 18, 

10 United States Code) to any person, shall be 

11 fined under such title, imprisoned for not less 

12 than 7 years or more than 30 years, or both; 

13 ‘‘(F) shall be fined under such title and 

14 imprisoned for not less than 10 years or more 

15 than 30 years if the offense involved an alien 

16 who the offender knew or had reason to believe 

17 was— 

18 ‘‘(i) engaged in terrorist activity (as 

19 defined in section 212(a)(3)(B)); or 

20 ‘‘(ii) intending to engage in terrorist 

21 activity; 

22 ‘‘(G) if the offense caused or resulted in 

23 the death of any person, shall be punished by 

24 death or imprisoned for a term of years not less 


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1 than 10 years and up to life, and fined under 

2 title 18, United States Code. 

3 ‘‘(3) LIMITATION.—It is not a violation of sub4 paragraph (D), (E), or (F) of paragraph (1)— 

5 ‘‘(A) for a religious denomination having a 

6 bona fide nonprofit, religious organization in 

7 the United States, or the agents or officers of 

8 such denomination or organization, to encour9 age, invite, call, allow, or enable an alien who 

10 is present in the United States to perform the 

11 vocation of a minister or missionary for the de12 nomination or organization in the United States 

13 as a volunteer who is not compensated as an 

14 employee, notwithstanding the provision of 

15 room, board, travel, medical assistance, and 

16 other basic living expenses, provided the min17 ister or missionary has been a member of the 

18 denomination for at least 1 year; or 

19 ‘‘(B) for an individual or organization, not 

20 previously convicted of a violation of this sec21 tion, to provide an alien who is present in the 

22 United States with humanitarian assistance, in23 cluding medical care, housing, counseling, vic24 tim services, and food, or to transport the alien 


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1 to a location where such assistance can be ren2 dered. 

3 ‘‘(4) EXTRATERRITORIAL JURISDICTION.— 

4 There is extraterritorial Federal jurisdiction over the 

5 offenses described in this subsection. 

6 ‘‘(b) EMPLOYMENT OF UNAUTHORIZED ALIENS.— 

7 ‘‘(1) CRIMINAL OFFENSE AND PENALTIES.— 

8 Any person who, during any 12-month period, know9 ingly employs 10 or more individuals with actual 

10 knowledge or in reckless disregard of the fact that 

11 the individuals are aliens described in paragraph (2), 

12 shall be fined under title 18, United States Code, 

13 imprisoned for not more than 10 years, or both. 

14 ‘‘(2) DEFINITION.—An alien described in this 

15 paragraph is an alien who— 

16 ‘‘(A) is an unauthorized alien (as defined 

17 in section 274A); 

18 ‘‘(B) is present in the United States with19 out lawful authority; and 

20 ‘‘(C) has been brought into the United 

21 States in violation of this subsection. 

22 ‘‘(c) SEIZURE AND FORFEITURE.— 

23 ‘‘(1) IN GENERAL.—Any real or personal prop24 erty used to commit or facilitate the commission of 

25 a violation of this section, the gross proceeds of such 


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1 violation, and any property traceable to such prop2 erty or proceeds, shall be subject to forfeiture. 

3 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and 

4 forfeitures under this subsection shall be governed 

5 by the provisions of chapter 46 of title 18, United 

6 States Code, relating to civil forfeitures, except that 

7 such duties as are imposed upon the Secretary of 

8 the Treasury under the customs laws described in 

9 section 981(d) shall be performed by such officers, 

10 agents, and other persons as may be designated for 

11 that purpose by the Secretary of Homeland Security. 

12 ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA13 TIONS OF VIOLATIONS.—In determining whether a 

14 violation of subsection (a) has occurred, prima facie 

15 evidence that an alien involved in the alleged viola16 tion lacks lawful authority to come to, enter, reside 

17 in, remain in, or be in the United States or that 

18 such alien had come to, entered, resided in, re19 mained in, or been present in the United States in 

20 violation of law shall include— 

21 ‘‘(A) any order, finding, or determination 

22 concerning the alien’s status or lack of status 

23 made by a Federal judge or administrative ad24 judicator (including an immigration judge or 

25 immigration officer) during any judicial or adVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 ministrative proceeding authorized under Fed2 eral immigration law; 

3 ‘‘(B) official records of the Department of 

4 Homeland Security, the Department of Justice, 

5 or the Department of State concerning the 

6 alien’s status or lack of status; and 

7 ‘‘(C) testimony by an immigration officer 

8 having personal knowledge of the facts con9 cerning the alien’s status or lack of status. 

10 ‘‘(d) AUTHORITY TO ARREST.—No officer or person 

11 shall have authority to make any arrests for a violation 

12 of any provision of this section except— 

13 ‘‘(1) officers and employees designated by the 

14 Secretary of Homeland Security, either individually 

15 or as a member of a class; and 

16 ‘‘(2) other officers responsible for the enforce17 ment of Federal criminal laws. 

18 ‘‘(e) ADMISSIBILITY OF VIDEOTAPED WITNESS TES19 TIMONY.—Notwithstanding any provision of the Federal 

20 Rules of Evidence, the videotaped or otherwise audio21 visually preserved deposition of a witness to a violation 

22 of subsection (a) who has been deported or otherwise ex23 pelled from the United States, or is otherwise unavailable 

24 to testify, may be admitted into evidence in an action 

25 brought for that violation if— 


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1 ‘‘(1) the witness was available for cross exam2 ination at the deposition by the party, if any, oppos3 ing admission of the testimony; and 

4 ‘‘(2) the deposition otherwise complies with the 

5 Federal Rules of Evidence. 

6 ‘‘(f) OUTREACH PROGRAM.— 

7 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

8 Security, in consultation with the Attorney General 

9 and the Secretary of State, as appropriate, shall— 

10 ‘‘(A) develop and implement an outreach 

11 program to educate people in and out of the 

12 United States about the penalties for bringing 

13 in and harboring aliens in violation of this sec14 tion; and 

15 ‘‘(B) establish the American Local and In16 terior Enforcement Needs (ALIEN) Task Force 

17 to identify and respond to the use of Federal, 

18 State, and local transportation infrastructure to 

19 further the trafficking of unlawful aliens within 

20 the United States. 

21 ‘‘(2) FIELD OFFICES.—The Secretary of Home22 land Security, after consulting with State and local 

23 government officials, shall establish such field offices 

24 as may be necessary to carry out this subsection. 


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1 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated such sums 

3 are necessary for the fiscal years 2008 through 2012 

4 to carry out this subsection. 

5 ‘‘(g) DEFINITIONS.—In this section: 

6 ‘‘(1) CROSSED THE BORDER INTO THE UNITED

7 STATES.—An alien is deemed to have crossed the 

8 border into the United States regardless of whether 

9 the alien is free from official restraint. 

10 ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful 

11 authority’ means permission, authorization, or li12 cense that is expressly provided for in the immigra13 tion laws of the United States or accompanying reg14 ulations. The term does not include any such au15 thority secured by fraud or otherwise obtained in 

16 violation of law or authority sought, but not ap17 proved. No alien shall be deemed to have lawful au18 thority to come to, enter, reside in, remain in, or be 

19 in the United States if such coming to, entry, resi20 dence, remaining, or presence was, is, or would be 

21 in violation of law. 

22 ‘‘(3) PROCEEDS.—The term ‘proceeds’ includes 

23 any property or interest in property obtained or re24 tained as a consequence of an act or omission in vio25 lation of this section. 


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1 ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlawful 

2 transit’ means travel, movement, or temporary pres3 ence that violates the laws of any country in which 

4 the alien is present or any country from which the 

5 alien is traveling or moving.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents is amended by striking the item relating to sec8 tion 274 and inserting the following: 

‘‘Sec. 274. Alien smuggling and related offenses.’’. 

9 (d) PROHIBITING CARRYING OR USING A FIREARM

10 DURING AND IN RELATION TO AN ALIEN SMUGGLING

11 CRIME.—Section 924(c) of title 18, United States Code, 

12 is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (A), by inserting ‘‘, 

15 alien smuggling crime,’’ after ‘‘any crime of vio16 lence’’; 

17 (B) in subparagraph (A), by inserting ‘‘, 

18 alien smuggling crime,’’ after ‘‘such crime of vi19 olence’’; and 

20 (C) in subparagraph (D)(ii), by inserting 

21 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio22 lence’’; and 

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

24 ‘‘(6) For purposes of this subsection, the term ‘alien 

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1 tion 274(a), 277, or 278 of the Immigration and Nation2 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 

3 SEC. 206. ILLEGAL ENTRY. 

4 (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) is 

5 amended to read as follows: 

6 ‘‘SEC. 275. ILLEGAL ENTRY. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) CRIMINAL OFFENSES.—An alien shall be 

9 subject to the penalties set forth in paragraph (2) if 

10 the alien— 

11 ‘‘(A) knowingly enters or crosses the bor12 der into the United States at any time or place 

13 other than as designated by the Secretary of 

14 Homeland Security; 

15 ‘‘(B) knowingly eludes examination or in16 spection by an immigration officer (including 

17 failing to stop at the command of such officer), 

18 or a customs or agriculture inspection at a port 

19 of entry; or 

20 ‘‘(C) knowingly enters or crosses the bor21 der to the United States by means of a know22 ingly false or misleading representation or the 

23 knowing concealment of a material fact (includ24 ing such representation or concealment in the 

25 context of arrival, reporting, entry, or clearance 


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1 requirements of the customs laws, immigration 

2 laws, agriculture laws, or shipping laws). 

3 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

4 violates any provision under paragraph (1)— 

5 ‘‘(A) shall, for the first violation, be fined 

6 under title 18, United States Code, imprisoned 

7 not more than 6 months, or both; 

8 ‘‘(B) shall, for a second or subsequent vio9 lation, or following an order of voluntary depar10 ture, be fined under such title, imprisoned not 

11 more than 2 years, or both; 

12 ‘‘(C) if the violation occurred after the 

13 alien had been convicted of 3 or more mis14 demeanors or for a felony, shall be fined under 

15 such title, imprisoned not more than 10 years, 

16 or both; 

17 ‘‘(D) if the violation occurred after the 

18 alien had been convicted of a felony for which 

19 the alien received a term of imprisonment of 

20 not less than 30 months, shall be fined under 

21 such title, imprisoned not more than 15 years, 

22 or both; and 

23 ‘‘(E) if the violation occurred after the 

24 alien had been convicted of a felony for which 

25 the alien received a term of imprisonment of 


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1 not less than 60 months, such alien shall be 

2 fined under such title, imprisoned not more 

3 than 20 years, or both. 

4 ‘‘(3) PRIOR CONVICTIONS.—The prior convic5 tions described in subparagraphs (C) through (E) of 

6 paragraph (2) are elements of the offenses described 

7 in that paragraph and the penalties in such subpara8 graphs shall apply only in cases in which the convic9 tion or convictions that form the basis for the addi10 tional penalty are— 

11 ‘‘(A) alleged in the indictment or informa12 tion; and 

13 ‘‘(B) proven beyond a reasonable doubt at 

14 trial or admitted by the defendant. 

15 ‘‘(4) DURATION OF OFFENSE.—An offense 

16 under this subsection continues until the alien is dis17 covered within the United States by an immigration 

18 officer. 

19 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

20 any offense under this section shall be punished in 

21 the same manner as for a completion of such of22 fense. 

23 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN24 ALTIES.— 


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1 ‘‘(1) IN GENERAL.—Any alien who is appre2 hended while entering, attempting to enter, or know3 ingly crossing or attempting to cross the border to 

4 the United States at a time or place other than as 

5 designated by immigration officers shall be subject 

6 to a civil penalty, in addition to any criminal or 

7 other civil penalties that may be imposed under any 

8 other provision of law, in an amount equal to— 

9 ‘‘(A) not less than $50 or more than $250 

10 for each such entry, crossing, attempted entry, 

11 or attempted crossing; or 

12 ‘‘(B) twice the amount specified in para13 graph (1) if the alien had previously been sub14 ject to a civil penalty under this subsection. 

15 ‘‘(2) CROSSED THE BORDER DEFINED.—In this 

16 section, an alien is deemed to have crossed the bor17 der if the act was voluntary, regardless of whether 

18 the alien was under observation at the time of the 

19 crossing.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 is amended by striking the item relating to section 275 

22 and inserting the following: 

‘‘Sec. 275. Illegal entry.’’. 

23 SEC. 207. ILLEGAL REENTRY. 

24 Section 276 (8 U.S.C. 1326) is amended to read as 

25 follows: 


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1 ‘‘SEC. 276. REENTRY OF REMOVED ALIENS. 

2 ‘‘(a) REENTRY AFTER REMOVAL.—Any alien who 

3 has been denied admission, excluded, deported, or re4 moved, or who has departed the United States while an 

5 order of exclusion, deportation, or removal is outstanding, 

6 and subsequently enters, attempts to enter, crosses the 

7 border to, attempts to cross the border to, or is at any 

8 time found in the United States, shall be fined under title 

9 18, United States Code, imprisoned not more than 2 

10 years, or both. 

11 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not12 withstanding the penalty provided in subsection (a), if an 

13 alien described in that subsection— 

14 ‘‘(1) was convicted for 3 or more misdemeanors 

15 or a felony before such removal or departure, the 

16 alien shall be fined under title 18, United States 

17 Code, imprisoned not more than 10 years, or both; 

18 ‘‘(2) was convicted for a felony before such re19 moval or departure for which the alien was sen20 tenced to a term of imprisonment of not less than 

21 30 months, the alien shall be fined under such title, 

22 imprisoned not more than 15 years, or both; 

23 ‘‘(3) was convicted for a felony before such re24 moval or departure for which the alien was sen25 tenced to a term of imprisonment of not less than 


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1 60 months, the alien shall be fined under such title, 

2 imprisoned not more than 20 years, or both; 

3 ‘‘(4) was convicted for 3 felonies before such re4 moval or departure, the alien shall be fined under 

5 such title, imprisoned not more than 20 years, or 

6 both; or 

7 ‘‘(5) was convicted, before such removal or de8 parture, for murder, rape, kidnaping, or a felony of9 fense described in chapter 77 (relating to peonage 

10 and slavery) or 113B (relating to terrorism) of such 

11 title, the alien shall be fined under such title, impris12 oned not more than 20 years, or both. 

13 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

14 alien who has been denied admission, excluded, deported, 

15 or removed 3 or more times and thereafter enters, at16 tempts to enter, crosses the border to, attempts to cross 

17 the border to, or is at any time found in the United States, 

18 shall be fined under title 18, United States Code, impris19 oned not more than 10 years, or both. 

20 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

21 convictions described in subsection (b) are elements of the 

22 crimes described in that subsection, and the penalties in 

23 that subsection shall apply only in cases in which the con24 viction or convictions that form the basis for the additional 

25 penalty are— 


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1 ‘‘(1) alleged in the indictment or information; 

2 and 

3 ‘‘(2) proven beyond a reasonable doubt at trial 

4 or admitted by the defendant. 

5 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af6 firmative defense to a violation of this section that— 

7 ‘‘(1) prior to the alleged violation, the alien had 

8 sought and received the express consent of the Sec9 retary of Homeland Security to reapply for admis10 sion into the United States; or 

11 ‘‘(2) with respect to an alien previously denied 

12 admission and removed, the alien— 

13 ‘‘(A) was not required to obtain such ad14 vance consent under the Immigration and Na15 tionality Act or any prior Act; and 

16 ‘‘(B) had complied with all other laws and 

17 regulations governing the alien’s admission into 

18 the United States. 

19 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN20 DERLYING REMOVAL ORDER.—In a criminal proceeding 

21 under this section, an alien may not challenge the validity 

22 of any prior removal order concerning the alien unless the 

23 alien demonstrates by clear and convincing evidence 

24 that— 


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1 ‘‘(1) the alien exhausted all administrative rem2 edies that may have been available to seek relief 

3 against the order; 

4 ‘‘(2) the removal proceedings at which the order 

5 was issued improperly deprived the alien of the op6 portunity for judicial review; and 

7 ‘‘(3) the entry of the order was fundamentally 

8 unfair. 

9 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM10 PLETION OF TERM OF IMPRISONMENT.—Any alien re11 moved pursuant to section 241(a)(4) who enters, attempts 

12 to enter, crosses the border to, attempts to cross the bor13 der to, or is at any time found in, the United States shall 

14 be incarcerated for the remainder of the sentence of im15 prisonment which was pending at the time of deportation 

16 without any reduction for parole or supervised release un17 less the alien affirmatively demonstrates that the Sec18 retary of Homeland Security has expressly consented to 

19 the alien’s reentry. Such alien shall be subject to such 

20 other penalties relating to the reentry of removed aliens 

21 as may be available under this section or any other provi22 sion of law. 

23 ‘‘(h) LIMITATION.—It is not aiding and abetting a 

24 violation of this section for an individual to provide an 

25 alien with emergency humanitarian assistance, including 


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1 emergency medical care and food, or to transport the alien 

2 to a location where such assistance can be rendered with3 out compensation or the expectation of compensation. 

4 ‘‘(i) DEFINITIONS.—In this section: 

5 ‘‘(1) CROSSES THE BORDER.—The term 

6 ‘crosses the border’ applies if an alien acts volun7 tarily, regardless of whether the alien was under ob8 servation at the time of the crossing. 

9 ‘‘(2) FELONY.—Term ‘felony’ means any crimi10 nal offense punishable by a term of imprisonment of 

11 more than 1 year under the laws of the United 

12 States, any State, or a foreign government. 

13 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

14 means any criminal offense punishable by a term of 

15 imprisonment of not more than 1 year under the ap16 plicable laws of the United States, any State, or a 

17 foreign government. 

18 ‘‘(4) REMOVAL.—The term ‘removal’ includes 

19 any denial of admission, exclusion, deportation, or 

20 removal, or any agreement by which an alien stipu21 lates or agrees to exclusion, deportation, or removal. 

22 ‘‘(5) STATE.—The term ‘State’ means a State 

23 of the United States, the District of Columbia, and 

24 any commonwealth, territory, or possession of the 

25 United States.’’. 


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1 SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

2 FRAUD OFFENSES. 

3 (a) PASSPORT, VISA, AND IMMIGRATION FRAUD.— 

4 (1) IN GENERAL.—Chapter 75 of title 18, 

5 United States Code, is amended to read as follows: 

6 ‘‘CHAPTER 75—PASSPORT, VISA, AND 

7 IMMIGRATION FRAUD 

‘‘Sec. 

‘‘1541. Trafficking in passports. 

‘‘1542. False statement in an application for a passport. 

‘‘1543. Forgery and unlawful production of a passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to defraud aliens. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Marriage fraud. 

‘‘1548. Attempts and conspiracies. 

‘‘1549. Alternative penalties for certain offenses. 

‘‘1550. Seizure and forfeiture. 

‘‘1551. Additional jurisdiction. 

‘‘1552. Additional venue. 

‘‘1553. Definitions. 

‘‘1554. Authorized law enforcement activities. 

‘‘1555. Exception for refugees and asylees. 

8 ‘‘§ 1541. Trafficking in passports 

9 ‘‘(a) MULTIPLE PASSPORTS.—Any person who, dur10 ing any 3-year period, knowingly— 

11 ‘‘(1) and without lawful authority produces, 

12 issues, or transfers 10 or more passports; 

13 ‘‘(2) forges, counterfeits, alters, or falsely 

14 makes 10 or more passports; 

15 ‘‘(3) secures, possesses, uses, receives, buys, 

16 sells, or distributes 10 or more passports, knowing 

17 the passports to be forged, counterfeited, altered, 


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1 falsely made, stolen, procured by fraud, or produced 

2 or issued without lawful authority; or 

3 ‘‘(4) completes, mails, prepares, presents, signs, 

4 or submits 10 or more applications for a United 

5 States passport (including any supporting docu6 mentation), knowing the applications to contain any 

7 false statement or representation, 

8 shall be fined under this title, imprisoned not more than 

9 20 years, or both. 

10 ‘‘(b) PASSPORT MATERIALS.—Any person who know11 ingly and without lawful authority produces, counterfeits, 

12 secures, possesses, or uses any official paper, seal, 

13 hologram, image, text, symbol, stamp, engraving, plate, or 

14 other material used to make a passport shall be fined 

15 under this title, imprisoned not more than 20 years, or 

16 both. 

17 ‘‘§ 1542. False statement in an application for a pass18 port 

19 ‘‘Any person who knowingly— 

20 ‘‘(1) makes any false statement or representa21 tion in an application for a United States passport 

22 (including any supporting documentation); 

23 ‘‘(2) completes, mails, prepares, presents, signs, 

24 or submits an application for a United States pass25 port (including any supporting documentation) 


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1 knowing the application to contain any false state2 ment or representation; or 

3 ‘‘(3) causes or attempts to cause the production 

4 of a passport at a facility authorized by the Sec5 retary of State for the production of passports by 

6 means of any fraud or false application for a United 

7 States passport (including any supporting docu8 mentation), 

9 shall be fined under this title, imprisoned not more than 

10 15 years, or both. 

11 ‘‘§ 1543. Forgery and unlawful production of a pass12 port 

13 ‘‘(a) FORGERY.—Any person who— 

14 ‘‘(1) knowingly forges, counterfeits, alters, or 

15 falsely makes any passport; or 

16 ‘‘(2) knowingly transfers any passport knowing 

17 it to be forged, counterfeited, altered, falsely made, 

18 stolen, or to have been produced or issued without 

19 lawful authority, 

20 shall be fined under this title, imprisoned not more than 

21 15 years, or both. 

22 ‘‘(b) UNLAWFUL PRODUCTION.—Any person who 

23 knowingly and without lawful authority— 


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1 ‘‘(1) produces, issues, authorizes, or verifies a 

2 passport in violation of the laws, regulations, or 

3 rules governing the issuance of the passport; 

4 ‘‘(2) produces, issues, authorizes, or verifies a 

5 United States passport for or to any person not 

6 owing allegiance to the United States; or 

7 ‘‘(3) transfers or furnishes a passport to a per8 son for use when such person is not the person for 

9 whom the passport was issued or designed, 

10 shall be fined under this title, imprisoned not more than 

11 15 years, or both. 

12 ‘‘§ 1544. Misuse of a passport 

13 ‘‘(a) IN GENERAL.—Any person who knowingly— 

14 ‘‘(1) uses any passport issued or designed for 

15 the use of another; 

16 ‘‘(2) uses any passport in violation of the condi17 tions or restrictions therein contained, or in violation 

18 of the laws, regulations, or rules governing the 

19 issuance and use of the passport; 

20 ‘‘(3) secures, possesses, uses, receives, buys, 

21 sells, or distributes any passport knowing it to be 

22 forged, counterfeited, altered, falsely made, procured 

23 by fraud, or produced or issued without lawful au24 thority; or 


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1 ‘‘(4) violates the terms and conditions of any 

2 safe conduct duly obtained and issued under the au3 thority of the United States, 

4 shall be fined under this title, imprisoned not more than 

5 15 years, or both. 

6 ‘‘(b) ENTRY; FRAUD.—Any person who knowingly 

7 uses any passport, knowing the passport to be forged, 

8 counterfeited, altered, falsely made, procured by fraud, 

9 produced or issued without lawful authority, or issued or 

10 designed for the use of another— 

11 ‘‘(1) to enter or to attempt to enter the United 

12 States; or 

13 ‘‘(2) to defraud the United States, a State, or 

14 a political subdivision of a State, 

15 shall be fined under this title, imprisoned not more than 

16 15 years, or both. 

17 ‘‘§ 1545. Schemes to defraud aliens 

18 ‘‘(a) IN GENERAL.—Any person who knowingly exe19 cutes a scheme or artifice, in connection with any matter 

20 that is authorized by or arises under Federal immigration 

21 laws or any matter the offender claims or represents is 

22 authorized by or arises under Federal immigration laws, 

23 to— 

24 ‘‘(1) defraud any person, or 


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1 ‘‘(2) obtain or receive money or anything else of 

2 value from any person, by means of false or fraudu3 lent pretenses, representations, promises, 

4 shall be fined under this title, imprisoned not more than 

5 15 years, or both. 

6 ‘‘(b) MISREPRESENTATION.—Any person who know7 ingly and falsely represents that such person is an attor8 ney in any matter arising under Federal immigration laws 

9 shall be fined under this title, imprisoned not more than 

10 15 years, or both. 

11 ‘‘§ 1546. Immigration and visa fraud 

12 ‘‘(a) IN GENERAL.—Any person who knowingly— 

13 ‘‘(1) uses any immigration document issued or 

14 designed for the use of another; 

15 ‘‘(2) forges, counterfeits, alters, or falsely 

16 makes any immigration document; 

17 ‘‘(3) completes, mails, prepares, presents, signs, 

18 or submits any immigration document knowing it to 

19 contain any materially false statement or representa20 tion; 

21 ‘‘(4) secures, possesses, uses, transfers, re22 ceives, buys, sells, or distributes any immigration 

23 document knowing it to be forged, counterfeited, al24 tered, falsely made, stolen, procured by fraud, or 

25 produced or issued without lawful authority; 


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1 ‘‘(5) adopts or uses a false or fictitious name to 

2 evade or to attempt to evade the immigration laws; 

3 or 

4 ‘‘(6) transfers or furnishes an immigration doc5 ument to a person without lawful authority for use 

6 if such person is not the person for whom the immi7 gration document was issued or designed, 

8 shall be fined under this title, imprisoned not more than 

9 15 years, or both. 

10 ‘‘(b) MULTIPLE VIOLATIONS.—Any person who, dur11 ing any 3-year period, knowingly— 

12 ‘‘(1) and without lawful authority produces, 

13 issues, or transfers 10 or more immigration docu14 ments; 

15 ‘‘(2) forges, counterfeits, alters, or falsely 

16 makes 10 or more immigration documents; 

17 ‘‘(3) secures, possesses, uses, buys, sells, or dis18 tributes 10 or more immigration documents, know19 ing the immigration documents to be forged, coun20 terfeited, altered, stolen, falsely made, procured by 

21 fraud, or produced or issued without lawful author22 ity; or 

23 ‘‘(4) completes, mails, prepares, presents, signs, 

24 or submits 10 or more immigration documents 


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1 knowing the documents to contain any materially 

2 false statement or representation, 

3 shall be fined under this title, imprisoned not more than 

4 20 years, or both. 

5 ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.—Any 

6 person who knowingly and without lawful authority pro7 duces, counterfeits, secures, possesses, or uses any official 

8 paper, seal, hologram, image, text, symbol, stamp, engrav9 ing, plate, or other material, used to make an immigration 

10 document shall be fined under this title, imprisoned not 

11 more than 20 years, or both. 

12 ‘‘§ 1547. Marriage fraud 

13 ‘‘(a) EVASION OR MISREPRESENTATION.—Any per14 son who— 

15 ‘‘(1) knowingly enters into a marriage for the 

16 purpose of evading any provision of the immigration 

17 laws; or 

18 ‘‘(2) knowingly misrepresents the existence or 

19 circumstances of a marriage— 

20 ‘‘(A) in an application or document author21 ized by the immigration laws; or 

22 ‘‘(B) during any immigration proceeding 

23 conducted by an administrative adjudicator (in24 cluding an immigration officer or examiner, a 


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1 consular officer, an immigration judge, or a 

2 member of the Board of Immigration Appeals), 

3 shall be fined under this title, imprisoned not more than 

4 10 years, or both. 

5 ‘‘(b) MULTIPLE MARRIAGES.—Any person who— 

6 ‘‘(1) knowingly enters into 2 or more marriages 

7 for the purpose of evading any immigration law; or 

8 ‘‘(2) knowingly arranges, supports, or facilitates 

9 2 or more marriages designed or intended to evade 

10 any immigration law, 

11 shall be fined under this title, imprisoned not more than 

12 20 years, or both. 

13 ‘‘(c) COMMERCIAL ENTERPRISE.—Any person who 

14 knowingly establishes a commercial enterprise for the pur15 pose of evading any provision of the immigration laws 

16 shall be fined under this title, imprisoned for not more 

17 than 10 years, or both. 

18 ‘‘(d) DURATION OF OFFENSE.— 

19 ‘‘(1) IN GENERAL.—An offense under sub20 section (a) or (b) continues until the fraudulent na21 ture of the marriage or marriages is discovered by 

22 an immigration officer. 

23 ‘‘(2) COMMERCIAL ENTERPRISE.—An offense 

24 under subsection (c) continues until the fraudulent 


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1 nature of commercial enterprise is discovered by an 

2 immigration officer or other law enforcement officer. 

3 ‘‘§ 1548. Attempts and conspiracies 

4 ‘‘Any person who attempts or conspires to violate any 

5 section of this chapter shall be punished in the same man6 ner as a person who completed a violation of that section. 

7 ‘‘§ 1549. Alternative penalties for certain offenses 

8 ‘‘(a) TERRORISM.—Any person who violates any sec9 tion of this chapter— 

10 ‘‘(1) knowing that such violation will facilitate 

11 an act of international terrorism or domestic ter12 rorism (as those terms are defined in section 2331); 

13 or 

14 ‘‘(2) with the intent to facilitate an act of inter15 national terrorism or domestic terrorism, 

16 shall be fined under this title, imprisoned not more than 

17 25 years, or both. 

18 ‘‘(b) OFFENSE AGAINST GOVERNMENT.—Any person 

19 who violates any section of this chapter— 

20 ‘‘(1) knowing that such violation will facilitate 

21 the commission of any offense against the United 

22 States (other than an offense in this chapter) or 

23 against any State, which offense is punishable by 

24 imprisonment for more than 1 year; or 


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1 ‘‘(2) with the intent to facilitate the commission 

2 of any offense against the United States (other than 

3 an offense in this chapter) or against any State, 

4 which offense is punishable by imprisonment for 

5 more than 1 year, 

6 shall be fined under this title, imprisoned not more than 

7 20 years, or both. 

8 ‘‘§ 1550. Seizure and forfeiture 

9 ‘‘(a) FORFEITURE.—Any property, real or personal, 

10 used to commit or facilitate the commission of a violation 

11 of any section of this chapter, the gross proceeds of such 

12 violation, and any property traceable to such property or 

13 proceeds, shall be subject to forfeiture. 

14 ‘‘(b) APPLICABLE LAW.—Seizures and forfeitures 

15 under this section shall be governed by the provisions of 

16 chapter 46 relating to civil forfeitures, except that such 

17 duties as are imposed upon the Secretary of the Treasury 

18 under the customs laws described in section 981(d) shall 

19 be performed by such officers, agents, and other persons 

20 as may be designated for that purpose by the Secretary 

21 of Homeland Security, the Secretary of State, or the At22 torney General. 

23 ‘‘§ 1551. Additional jurisdiction 

24 ‘‘(a) IN GENERAL.—Any person who commits an of25 fense under this chapter within the special maritime and 


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1 territorial jurisdiction of the United States shall be pun2 ished as provided under this chapter. 

3 ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any per4 son who commits an offense under this chapter outside 

5 the United States shall be punished as provided under this 

6 chapter if— 

7 ‘‘(1) the offense involves a United States immi8 gration document (or any document purporting to be 

9 such a document) or any matter, right, or benefit 

10 arising under or authorized by Federal immigration 

11 laws; 

12 ‘‘(2) the offense is in or affects foreign com13 merce; 

14 ‘‘(3) the offense affects, jeopardizes, or poses a 

15 significant risk to the lawful administration of Fed16 eral immigration laws, or the national security of the 

17 United States; 

18 ‘‘(4) the offense is committed to facilitate an 

19 act of international terrorism (as defined in section 

20 2331) or a drug trafficking crime (as defined in sec21 tion 929(a)(2)) that affects or would affect the na22 tional security of the United States; 

23 ‘‘(5) the offender is a national of the United 

24 States (as defined in section 101(a)(22) of the Im25 migration and Nationality Act (8 U.S.C. 


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1 1101(a)(22))) or an alien lawfully admitted for per2 manent residence in the United States (as defined in 

3 section 101(a)(20) of such Act); or 

4 ‘‘(6) the offender is a stateless person whose 

5 habitual residence is in the United States. 

6 ‘‘§ 1552. Additional venue 

7 ‘‘(a) IN GENERAL.—An offense under section 1542 

8 may be prosecuted— 

9 ‘‘(1) in any district in which the false statement 

10 or representation was made; 

11 ‘‘(2) in any district in which the passport appli12 cation was prepared, submitted, mailed, received, 

13 processed, or adjudicated; or 

14 ‘‘(3) in the case of an application prepared and 

15 adjudicated outside the United States, in the district 

16 in which the resultant passport was produced. 

17 ‘‘(b) SAVINGS CLAUSE.—Nothing in this section lim18 its the venue otherwise available under sections 3237 and 

19 3238. 

20 ‘‘§ 1553. Definitions 

21 ‘‘As used in this chapter: 

22 ‘‘(1) The term ‘falsely make’ means to prepare 

23 or complete an immigration document with knowl24 edge or in reckless disregard of the fact that the 

25 document— 


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1 ‘‘(A) contains a statement or representa2 tion that is false, fictitious, or fraudulent; 

3 ‘‘(B) has no basis in fact or law; or 

4 ‘‘(C) otherwise fails to state a fact which 

5 is material to the purpose for which the docu6 ment was created, designed, or submitted. 

7 ‘‘(2) The term ‘false statement or representa8 tion’ includes a personation or an omission. 

9 ‘‘(3) The term ‘felony’ means any criminal of10 fense punishable by a term of imprisonment of more 

11 than 1 year under the laws of the United States, any 

12 State, or a foreign government. 

13 ‘‘(4) The term ‘immigration document’— 

14 ‘‘(A) means— 

15 ‘‘(i) any passport or visa; or 

16 ‘‘(ii) any application, petition, affi17 davit, declaration, attestation, form, identi18 fication card, alien registration document, 

19 employment authorization document, bor20 der crossing card, certificate, permit, 

21 order, license, stamp, authorization, grant 

22 of authority, or other evidentiary docu23 ment, arising under or authorized by the 

24 immigration laws of the United States; and 


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1 ‘‘(B) includes any document, photograph, 

2 or other piece of evidence attached to or sub3 mitted in support of an immigration document. 

4 ‘‘(5) The term ‘immigration laws’ includes— 

5 ‘‘(A) the laws described in section 

6 101(a)(17) of the Immigration and Nationality 

7 Act (8 U.S.C. 1101(a)(17)); 

8 ‘‘(B) the laws relating to the issuance and 

9 use of passports; and 

10 ‘‘(C) the regulations prescribed under the 

11 authority of any law described in subparagraph 

12 (A) or (B). 

13 ‘‘(6) The term ‘immigration proceeding’ in14 cludes an adjudication, interview, hearing, or review. 

15 ‘‘(7) A person does not exercise ‘lawful author16 ity’ if the person abuses or improperly exercises law17 ful authority the person otherwise holds. 

18 ‘‘(8) The term ‘passport’ means a travel docu19 ment attesting to the identity and nationality of the 

20 bearer that is issued under the authority of the Sec21 retary of State, a foreign government, or an inter22 national organization; or any instrument purporting 

23 to be the same. 

24 ‘‘(9) The term ‘produce’ means to make, pre25 pare, assemble, issue, print, authenticate, or alter. 


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1 ‘‘(10) The term ‘State’ means a State of the 

2 United States, the District of Columbia, or any com3 monwealth, territory, or possession of the United 

4 States. 

5 ‘‘§ 1554. Authorized law enforcement activities 

6 ‘‘Nothing in this chapter shall prohibit any lawfully 

7 authorized investigative, protective, or intelligence activity 

8 of a law enforcement agency of the United States, a State, 

9 or a political subdivision of a State, or an intelligence 

10 agency of the United States, or any activity authorized 

11 under title V of the Organized Crime Control Act of 1970 

12 (84 Stat. 933). 

13 ‘‘§ 1555. Exception for refugees, asylees, and other 

14 vulnerable persons 

15 ‘‘(a) IN GENERAL.—If a person believed to have vio16 lated section 1542, 1544, 1546, or 1548 while attempting 

17 to enter the United States, without delay, indicates an in18 tention to apply for asylum under section 208 or 241(b)(3) 

19 of the Immigration and Nationality Act (8 U.S.C. 1158 

20 and 1231), or for relief under the Convention Against Tor21 ture and Other Cruel, Inhuman or Degrading Treatment 

22 or Punishment (in accordance with section 208.17 of title 

23 8, Code of Federal Regulations), or under section 

24 101(a)(15)(T), 101(a)(15)(U), 101(a)(27)(J), 

25 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in 


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1 effect prior to March 31, 1997) of such Act, or a credible 

2 fear of persecution or torture— 

3 ‘‘(1) the person shall be referred to an appro4 priate Federal immigration official to review such 

5 claim and make a determination if such claim is 

6 warranted; 

7 ‘‘(2) if the Federal immigration official deter8 mines that the person qualifies for the claimed relief, 

9 the person shall not be considered to have violated 

10 any such section; and 

11 ‘‘(3) if the Federal immigration official deter12 mines that the person does not qualify for the 

13 claimed relief, the person shall be referred to an ap14 propriate Federal official for prosecution under this 

15 chapter. 

16 ‘‘(b) SAVINGS PROVISION.—Nothing in this section 

17 shall be construed to diminish, increase, or alter the obli18 gations of refugees or the United States under article 

19 31(1) of the Convention Relating to the Status of Refu20 gees, done at Geneva July 28, 1951 (as made applicable 

21 by the Protocol Relating to the Status of Refugees, done 

22 at New York January 31, 1967 (19 UST 6223)).’’. 

23 (2) CLERICAL AMENDMENT.—The table of 

24 chapters in title 18, United States Code, is amended 


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1 by striking the item relating to chapter 75 and in2 serting the following: ‘‘75. Passport, visa, and immigration fraud ............................. 1541’’. 

3 (b) PROTECTION FOR LEGITIMATE REFUGEES AND

4 ASYLUM SEEKERS.—Section 208 (8 U.S.C. 1158) is 

5 amended by adding at the end the following: 

6 ‘‘(e) PROTECTION FOR LEGITIMATE REFUGEES AND

7 ASYLUM SEEKERS.—The Attorney General, in consulta8 tion with the Secretary of Homeland Security, shall de9 velop binding prosecution guidelines for Federal prosecu10 tors to ensure that any prosecution of an alien seeking 

11 entry into the United States by fraud is consistent with 

12 the written terms and limitations of Article 31(1) of the 

13 Convention Relating to the Status of Refugees, done at 

14 Geneva July 28, 1951 (as made applicable by the Protocol 

15 Relating to the Status of Refugees, done at New York 

16 January 31, 1967 (19 UST 6223)).’’. 

17 SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT 

18 AND IMMIGRATION FRAUD OFFENSES. 

19 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) (8 

20 U.S.C. 1182(a)(2)(A)(i)) is amended— 

21 (1) in subclause (I), by striking ‘‘, or’’ at the 

22 end and inserting a semicolon; 

23 (2) in subclause (II), by striking the comma at 

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


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1 (3) by inserting after subclause (II) the fol2 lowing: 

3 ‘‘(III) a violation of (or a con4 spiracy or attempt to violate) any pro5 vision of chapter 75 of title 18, 

6 United States Code,’’. 

7 (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 U.S.C. 

8 1227(a)(3)(B)(iii)) is amended to read as follows: 

9 ‘‘(iii) of a violation of any provision of 

10 chapter 75 of title 18, United States 

11 Code,’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 subsections (a) and (b) shall apply to proceedings pending 

14 on or after the date of the enactment of this Act, with 

15 respect to conduct occurring on or after that date. 

16 SEC. 210. INCARCERATION OF CRIMINAL ALIENS. 

17 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

18 (1) CONTINUATION.—The Secretary shall con19 tinue to operate the Institutional Removal Program 

20 (referred to in this section as the ‘‘Program’’) or 

21 shall develop and implement another program to— 

22 (A) identify removable criminal aliens in 

23 Federal and State correctional facilities; 

24 (B) ensure that such aliens are not re25 leased into the community; and 


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1 (C) remove such aliens from the United 

2 States after the completion of their sentences. 

3 (2) EXPANSION.—The Secretary may extend 

4 the scope of the Program to all States. 

5 (b) AUTHORIZATION FOR DETENTION AFTER COM6 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

7 enforcement officers of a State or political subdivision of 

8 a State may— 

9 (1) hold an illegal alien for a period not to ex10 ceed 14 days after the completion of the alien’s 

11 State prison sentence to effectuate the transfer of 

12 the alien to Federal custody if the alien is removable 

13 or not lawfully present in the United States; or 

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

15 have served a State prison sentence to be detained 

16 by the State prison until authorized employees of the 

17 Bureau of Immigration and Customs Enforcement 

18 can take the alien into custody. 

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

20 videoconferencing, shall be used to the maximum extent 

21 practicable to make the Program available in remote loca22 tions. Mobile access to Federal databases of aliens, such 

23 as IDENT, and live scan technology shall be used to the 

24 maximum extent practicable to make these resources 


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1 available to State and local law enforcement agencies in 

2 remote locations. 

3 (d) REPORT TO CONGRESS.—Not later than 6 

4 months after the date of the enactment of this Act, and 

5 annually thereafter, the Secretary shall submit a report 

6 to Congress on the participation of States in the Program 

7 and in any other program authorized under subsection (a). 

8 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary in each of the fiscal years 2008 through 2012 

11 to carry out the Program. 

12 SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUN13 TARILY. 

14 (a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 

15 is amended— 

16 (1) in subsection (a)— 

17 (A) by amending paragraph (1) to read as 

18 follows: 

19 ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If 

20 an alien is not described in paragraph (2)(A)(iii) or 

21 (4) of section 237(a), the Secretary of Homeland Se22 curity may permit the alien to voluntarily depart the 

23 United States at the alien’s own expense under this 

24 subsection instead of being subject to proceedings 

25 under section 240.’’; 


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1 (B) by striking paragraph (3); 

2 (C) by redesignating paragraph (2) as 

3 paragraph (3); 

4 (D) by adding after paragraph (1) the fol5 lowing: 

6 ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL

7 PROCEEDINGS.—If an alien is not described in para8 graph (2)(A)(iii) or (4) of section 237(a), the Attor9 ney General may permit the alien to voluntarily de10 part the United States at the alien’s own expense 

11 under this subsection after the initiation of removal 

12 proceedings under section 240 and before the con13 clusion of such proceedings before an immigration 

14 judge.’’; 

15 (E) in paragraph (3), as redesignated— 

16 (i) by amending subparagraph (A) to 

17 read as follows: 

18 ‘‘(A) INSTEAD OF REMOVAL.—Subject to 

19 subparagraph (C), permission to voluntarily de20 part under paragraph (1) shall not be valid for 

21 any period in excess of 120 days. The Secretary 

22 may require an alien permitted to voluntarily 

23 depart under paragraph (1) to post a voluntary 

24 departure bond, to be surrendered upon proof 


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1 that the alien has departed the United States 

2 within the time specified.’’; 

3 (ii) by redesignating subparagraphs 

4 (B), (C), and (D) as paragraphs (C), (D), 

5 and (E), respectively; 

6 (iii) by adding after subparagraph (A) 

7 the following: 

8 ‘‘(B) BEFORE THE CONCLUSION OF RE9 MOVAL PROCEEDINGS.—Permission to volun10 tarily depart under paragraph (2) shall not be 

11 valid for any period in excess of 60 days, and 

12 may be granted only after a finding that the 

13 alien has the means to depart the United States 

14 and intends to do so. An alien permitted to vol15 untarily depart under paragraph (2) shall post 

16 a voluntary departure bond, in an amount nec17 essary to ensure that the alien will depart, to be 

18 surrendered upon proof that the alien has de19 parted the United States within the time speci20 fied. An immigration judge may waive the re21 quirement to post a voluntary departure bond 

22 in individual cases upon a finding that the alien 

23 has presented compelling evidence that the 

24 posting of a bond will pose a serious financial 

25 hardship and the alien has presented credible 


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1 evidence that such a bond is unnecessary to 

2 guarantee timely departure.’’; 

3 (iv) in subparagraph (C), as redesig4 nated, by striking ‘‘subparagraphs (C) 

5 and(D)(ii)’’ and inserting ‘‘subparagraphs 

6 (D) and (E)(ii)’’; 

7 (v) in subparagraph (D), as redesig8 nated, by striking ‘‘subparagraph (B)’’ 

9 each place that term appears and inserting 

10 ‘‘subparagraph (C)’’; and 

11 (vi) in subparagraph (E), as redesig12 nated, by striking ‘‘subparagraph (B)’’ 

13 each place that term appears and inserting 

14 ‘‘subparagraph (C)’’; and 

15 (F) in paragraph (4), by striking ‘‘para16 graph (1)’’ and inserting ‘‘paragraphs (1) and 

17 (2)’’; 

18 (2) in subsection (b)(2), by striking ‘‘a period 

19 exceeding 60 days’’ and inserting ‘‘any period in ex20 cess of 45 days’’; 

21 (3) by amending subsection (c) to read as fol22 lows: 

23 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

24 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

25 Voluntary departure may only be granted as part of 


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1 an affirmative agreement by the alien. A voluntary 

2 departure agreement under subsection (b) shall in3 clude a waiver of the right to any further motion, 

4 appeal, application, petition, or petition for review 

5 relating to removal or relief or protection from re6 moval. 

7 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

8 connection with the alien’s agreement to depart vol9 untarily under paragraph (1), the Secretary of 

10 Homeland Security may agree to a reduction in the 

11 period of inadmissibility under subparagraph (A) or 

12 (B)(i) of section 212(a)(9). 

13 ‘‘(3) ADVISALS.—Agreements relating to vol14 untary departure granted during removal pro15 ceedings under section 240, or at the conclusion of 

16 such proceedings, shall be presented on the record 

17 before the immigration judge. The immigration 

18 judge shall advise the alien of the consequences of 

19 a voluntary departure agreement before accepting 

20 such agreement. 

21 ‘‘(4) FAILURE TO COMPLY WITH AGREE22 MENT.— 

23 ‘‘(A) IN GENERAL.—If an alien agrees to 

24 voluntary departure under this section and fails 

25 to depart the United States within the time alVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00166 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 lowed for voluntary departure or fails to comply 

2 with any other terms of the agreement (includ3 ing failure to timely post any required bond), 

4 the alien is— 

5 ‘‘(i) ineligible for the benefits of the 

6 agreement; 

7 ‘‘(ii) subject to the penalties described 

8 in subsection (d); and 

9 ‘‘(iii) subject to an alternate order of 

10 removal if voluntary departure was granted 

11 under subsection (a)(2) or (b). 

12 ‘‘(B) EFFECT OF FILING TIMELY AP13 PEAL.—If, after agreeing to voluntary depar14 ture, the alien files a timely appeal of the immi15 gration judge’s decision granting voluntary de16 parture, the alien may pursue the appeal in17 stead of the voluntary departure agreement. 

18 Such appeal operates to void the alien’s vol19 untary departure agreement and the con20 sequences of such agreement, but precludes the 

21 alien from another grant of voluntary departure 

22 while the alien remains in the United States. 

23 ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF24 FECTED.—Except as expressly agreed to by the Sec25 retary in writing in the exercise of the Secretary’s 


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1 discretion before the expiration of the period allowed 

2 for voluntary departure, no motion, appeal, applica3 tion, petition, or petition for review shall affect, rein4 state, enjoin, delay, stay, or toll the alien’s obligation 

5 to depart from the United States during the period 

6 agreed to by the alien and the Secretary.’’; 

7 (4) by amending subsection (d) to read as fol8 lows: 

9 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

10 alien is permitted to voluntarily depart under this section 

11 and fails to voluntarily depart from the United States 

12 within the time period specified or otherwise violates the 

13 terms of a voluntary departure agreement, the alien will 

14 be subject to the following penalties: 

15 ‘‘(1) CIVIL PENALTY.—The alien shall be liable 

16 for a civil penalty of $3,000. The order allowing vol17 untary departure shall specify the amount of the 

18 penalty, which shall be acknowledged by the alien on 

19 the record. If the Secretary thereafter establishes 

20 that the alien failed to depart voluntarily within the 

21 time allowed, no further procedure will be necessary 

22 to establish the amount of the penalty, and the Sec23 retary may collect the civil penalty at any time 

24 thereafter and by whatever means provided by law. 


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1 An alien will be ineligible for any benefits under this 

2 chapter until this civil penalty is paid. 

3 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

4 shall be ineligible during the time the alien remains 

5 in the United States and for a period of 10 years 

6 after the alien’s departure for any further relief 

7 under this section and sections 240A, 245, 248, and 

8 249. The order permitting the alien to depart volun9 tarily shall inform the alien of the penalties under 

10 this subsection. 

11 ‘‘(3) REOPENING.—The alien shall be ineligible 

12 to reopen the final order of removal that took effect 

13 upon the alien’s failure to depart, or upon the alien’s 

14 other violations of the conditions for voluntary de15 parture, during the period described in paragraph 

16 (2). This paragraph does not preclude a motion to 

17 reopen to seek withholding of removal under section 

18 241(b)(3) or protection against torture, if the mo19 tion— 

20 ‘‘(A) presents material evidence of changed 

21 country conditions arising after the date of the 

22 order granting voluntary departure in the coun23 try to which the alien would be removed; and 


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1 ‘‘(B) makes a sufficient showing to the sat2 isfaction of the Attorney General that the alien 

3 is otherwise eligible for such protection. 

4 ‘‘(5) by amending subsection (e) to read as fol5 lows:’’; 

6 ‘‘(e) ELIGIBILITY.— 

7 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR8 TURE.—An alien shall not be permitted to volun9 tarily depart under this section if the Secretary of 

10 Homeland Security or the Attorney General pre11 viously permitted the alien to depart voluntarily. 

12 ‘‘(2) RULEMAKING.—The Secretary may pro13 mulgate regulations to limit eligibility or impose ad14 ditional conditions for voluntary departure under 

15 subsection (a)(1) for any class of aliens. The Sec16 retary or Attorney General may by regulation limit 

17 eligibility or impose additional conditions for vol18 untary departure under subsections (a)(2) or (b) of 

19 this section for any class or classes of aliens.’’; and 

20 (6) in subsection (f), by adding at the end the 

21 following: ‘‘Notwithstanding section 242(a)(2)(D) of 

22 this Act, sections 1361, 1651, and 2241 of title 28, 

23 United States Code, any other habeas corpus provi24 sion, and any other provision of law (statutory or 

25 nonstatutory), no court shall have jurisdiction to afVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00170 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 fect, reinstate, enjoin, delay, stay, or toll the period 

2 allowed for voluntary departure under this section.’’. 

3 (b) RULEMAKING.—The Secretary shall promulgate 

4 regulations to provide for the imposition and collection of 

5 penalties for failure to depart under section 240B(d) of 

6 the Immigration and Nationality Act (8 U.S.C. 1229c(d)). 

7 (c) EFFECTIVE DATES.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the amendments made by this section 

10 shall apply with respect to all orders granting vol11 untary departure under section 240B of the Immi12 gration and Nationality Act (8 U.S.C. 1229c) made 

13 on or after the date that is 180 days after the enact14 ment of this Act. 

15 (2) EXCEPTION.—The amendment made by 

16 subsection (a)(6) shall take effect on the date of the 

17 enactment of this Act and shall apply with respect 

18 to any petition for review which is filed on or after 

19 such date. 

20 SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM 

21 REMAINING IN THE UNITED STATES UNLAW22 FULLY. 

23 (a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) (8 

24 U.S.C. 1182(a)(9)(A)) is amended— 


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1 (1) in clause (i), by striking ‘‘seeks admission 

2 within 5 years of the date of such removal (or within 

3 20 years’’ and inserting ‘‘seeks admission not later 

4 than 5 years after the date of the alien’s removal (or 

5 not later than 20 years after the alien’s removal’’; 

6 and 

7 (2) in clause (ii), by striking ‘‘seeks admission 

8 within 10 years of the date of such alien’s departure 

9 or removal (or within 20 years of’’ and inserting 

10 ‘‘seeks admission not later than 10 years after the 

11 date of the alien’s departure or removal (or not later 

12 than 20 years after’’. 

13 (b) BAR ON DISCRETIONARY RELIEF.—Section 274D 

14 (9 U.S.C. 324d) is amended— 

15 (1) in subsection (a), by striking ‘‘Commis16 sioner’’ and inserting ‘‘Secretary of Homeland Secu17 rity’’; and 

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

19 ‘‘(c) INELIGIBILITY FOR RELIEF.— 

20 ‘‘(1) IN GENERAL.—Unless a timely motion to 

21 reopen is granted under section 240(c)(6), an alien 

22 described in subsection (a) shall be ineligible for any 

23 discretionary relief from removal (including cancella24 tion of removal and adjustment of status) during the 

25 time the alien remains in the United States and for 


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1 a period of 10 years after the alien’s departure from 

2 the United States. 

3 ‘‘(2) SAVINGS PROVISION.—Nothing in para4 graph (1) shall preclude a motion to reopen to seek 

5 withholding of removal under section 241(b)(3) or 

6 protection against torture, if the motion— 

7 ‘‘(A) presents material evidence of changed 

8 country conditions arising after the date of the 

9 final order of removal in the country to which 

10 the alien would be removed; and 

11 ‘‘(B) makes a sufficient showing to the sat12 isfaction of the Attorney General that the alien 

13 is otherwise eligible for such protection.’’. 

14 (c) EFFECTIVE DATES.—The amendments made by 

15 this section shall take effect on the date of the enactment 

16 of this Act with respect to aliens who are subject to a final 

17 order of removal entered on or after such date. 

18 SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR 

19 THE POSSESSION OF, FIREARMS BY CERTAIN 

20 ALIENS. 

21 Section 922 of title 18, United States Code, is 

22 amended— 

23 (1) in subsection (d)(5)— 

24 (A) in subparagraph (A), by striking ‘‘or’’ 

25 at the end; 


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1 (B) in subparagraph (B), by striking 

2 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

3 is in a nonimmigrant classification; or’’; and 

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

5 ‘‘(C) has been paroled into the United 

6 States under section 212(d)(5) of the Immigra7 tion and Nationality Act (8 U.S.C. 

8 1182(d)(5));’’; 

9 (2) in subsection (g)(5)— 

10 (A) in subparagraph (A), by striking ‘‘or’’ 

11 at the end; 

12 (B) in subparagraph (B), by striking 

13 ‘‘(y)(2)’’ and all that follows and inserting ‘‘(y), 

14 is in a nonimmigrant classification; or’’; and 

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

16 ‘‘(C) has been paroled into the United 

17 States under section 212(d)(5) of the Immigra18 tion and Nationality Act (8 U.S.C. 

19 1182(d)(5));’’; and 

20 (3) in subsection (y)— 

21 (A) in the header, by striking ‘‘ADMITTED

22 UNDER NONIMMIGRANT VISAS’’ and insert23 ing ‘‘IN A NONIMMIGRANT CLASSIFICA24 TION’’; 


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1 (B) in paragraph (1), by amending sub2 paragraph (B) to read as follows: 

3 ‘‘(B) the term ‘nonimmigrant classifica4 tion’ includes all classes of nonimmigrant aliens 

5 described in section 101(a)(15) of the Immigra6 tion and Nationality Act (8 U.S.C. 

7 1101(a)(15)), or otherwise described in the im8 migration laws (as defined in section 

9 101(a)(17) of such Act).’’; 

10 (C) in paragraph (2), by striking ‘‘has 

11 been lawfully admitted to the United States 

12 under a nonimmigrant visa’’ and inserting ‘‘is 

13 in a nonimmigrant classification’’; and 

14 (D) in paragraph (3)(A), by striking ‘‘Any 

15 individual who has been admitted to the United 

16 States under a nonimmigrant visa may receive 

17 a waiver from the requirements of subsection 

18 (g)(5)’’ and inserting ‘‘Any alien in a non19 immigrant classification may receive a waiver 

20 from the requirements of subsection (g)(5)(B)’’. 

21 SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CER22 TAIN IMMIGRATION, NATURALIZATION, AND 

23 PEONAGE OFFENSES. 

24 (a) IN GENERAL.—Section 3291 of title 18, United 

25 States Code, is amended to read as follows: 


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1 ‘‘§ 3291. Immigration, naturalization, and peonage of2 fenses 

3 ‘‘No person shall be prosecuted, tried, or punished 

4 for a violation of any section of chapters 69 (relating to 

5 nationality and citizenship offenses), 75 (relating to pass6 port, visa, and immigration offenses), or 77 (relating to 

7 peonage, slavery, and trafficking in persons), for an at8 tempt or conspiracy to violate any such section, for a viola9 tion of any criminal provision under section 243, 266, 274, 

10 275, 276, 277, or 278 of the Immigration and Nationality 

11 Act (8 U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 

12 1328), or for an attempt or conspiracy to violate any such 

13 section, unless the indictment is returned or the informa14 tion filed not later than 10 years after the commission 

15 of the offense.’’. 

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

17 for chapter 213 of title 18, United States Code, is amend18 ed by striking the item relating to section 3291 and insert19 ing the following: 

‘‘3291. Immigration, naturalization, and peonage offenses.’’. 

20 SEC. 215. DIPLOMATIC SECURITY SERVICE. 

21 Section 37(a)(1) of the State Department Basic Au22 thorities Act of 1956 (22 U.S.C. 2709(a)(1)) is amended 

23 to read as follows: 

24 ‘‘(1) conduct investigations concerning— 


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1 ‘‘(A) illegal passport or visa issuance or 

2 use; 

3 ‘‘(B) identity theft or document fraud af4 fecting or relating to the programs, functions, 

5 and authorities of the Department of State; 

6 ‘‘(C) violations of chapter 77 of title 18, 

7 United States Code; and 

8 ‘‘(D) Federal offenses committed within 

9 the special maritime and territorial jurisdiction 

10 of the United States (as defined in section 7(9) 

11 of title 18, United States Code);’’. 

12 SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND 

13 CHECKS. 

14 (a) IN GENERAL.—Section 103 (8 U.S.C. 1103) is 

15 amended— 

16 (1) by amending subsection (f) to read as fol17 lows: 

18 ‘‘(f) MINIMUM NUMBER OF AGENTS IN STATES.— 

19 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

20 Security shall allocate to each State— 

21 ‘‘(A) not fewer than 40 full-time active 

22 duty agents of the Bureau of Immigration and 

23 Customs Enforcement to— 

24 ‘‘(i) investigate immigration viola25 tions; and 


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1 ‘‘(ii) ensure the departure of all re2 movable aliens; and 

3 ‘‘(B) not fewer than 15 full-time active 

4 duty agents of the Bureau of Citizenship and 

5 Immigration Services to carry out immigration 

6 and naturalization adjudication functions. 

7 ‘‘(2) WAIVER.—The Secretary may waive the 

8 application of paragraph (1) for any State with a 

9 population of less than 2,000,000, as most recently 

10 reported by the Bureau of the Census’’; and 

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

12 ‘‘(i) Notwithstanding any other provision of law, ap13 propriate background and security checks, as determined 

14 by the Secretary of Homeland Security, shall be completed 

15 and assessed and any suspected or alleged fraud relating 

16 to the granting of any status (including the granting of 

17 adjustment of status), relief, protection from removal, or 

18 other benefit under this Act shall be investigated and re19 solved before the Secretary or the Attorney General may— 

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

21 status of an alien to that of an alien lawfully admit22 ted for permanent 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 


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

3 General, or any court.’’. 

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

5 subsection (a)(1) shall take effect on the date that is 90 

6 days after the date of the enactment of this Act. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Director of the Fed9 eral Bureau of Investigations $3,125,000 for each of fiscal 

10 years 2008 through 2012 for improving the speed and ac11 curacy of background and security checks conducted by 

12 the Federal Bureau of Investigations on behalf of the Bu13 reau of Citizenship and Immigrations Services. 

14 (d) REPORT ON BACKGROUND AND SECURITY

15 CHECKS.— 

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

17 after the date of the enactment of this Act, the Di18 rector of the Federal Bureau of Investigations shall 

19 submit to the Committee on the Judiciary of the 

20 Senate and the Committee on the Judiciary of the 

21 House of Representatives a report on the back22 ground and security checks conducted by the Fed23 eral Bureau of Investigations on behalf of the Bu24 reau of Citizenship and Immigrations Services 


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1 (2) CONTENT.—The report required under 

2 paragraph (1) shall include— 

3 (A) a description of the background and 

4 security check program; 

5 (B) a statistical breakdown of the back6 ground and security check delays associated 

7 with different types of immigration applications; 

8 (C) a statistical breakdown of the back9 ground and security check delays by applicant 

10 country of origin; and 

11 (D) the steps the Federal Bureau of Inves12 tigations is taking to expedite background and 

13 security checks that have been pending for 

14 more than 60 days. 

15 SEC. 217. CONSTRUCTION. 

16 (a) IN GENERAL.—Chapter 4 of title III (8 U.S.C. 

17 1501 et seq.) is amended by adding at the end the fol18 lowing: 

19 ‘‘SEC. 362. CONSTRUCTION. 

20 ‘‘(a) IN GENERAL.—Nothing in this Act or in any 

21 other provision of law shall be construed to require the 

22 Secretary of Homeland Security, the Attorney General, 

23 the Secretary of State, the Secretary of Labor, or any 

24 other authorized head of any Federal agency to grant any 

25 application, approve any petition, or grant or continue any 


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1 status or benefit under the immigration laws by, to, or 

2 on behalf of— 

3 ‘‘(1) any alien described in subparagraph (A)(i), 

4 (A)(iii), (B), or (F) of section 212(a)(3) or subpara5 graph (A)(i), (A)(iii), or (B) of section 237(a)(4); 

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

7 or other investigation or case is pending that is ma8 terial to the alien’s inadmissibility, deportability, or 

9 eligibility for the status or benefit sought; or 

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

11 checks, as deemed appropriate by such authorized 

12 official, have not been conducted and resolved. 

13 ‘‘(b) DENIAL; WITHHOLDING.—An official described 

14 in subsection (a) may deny or withhold (with respect to 

15 an alien described in subsection (a)(1)) or withhold pend16 ing resolution of the investigation, case, or law enforce17 ment checks (with respect to an alien described in para18 graph (2) or (3) of subsection (a)) any such application, 

19 petition, status, or benefit on such basis.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 is amended by inserting after the item relating to section 

22 361 the following: 

‘‘Sec. 362. Construction.’’. 

23 SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM. 

24 (a) REIMBURSEMENT FOR COSTS ASSOCIATED WITH

25 PROCESSING CRIMINAL ILLEGAL ALIENS.—The Secretary 


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1 shall reimburse States and units of local government for 

2 costs associated with processing undocumented criminal 

3 aliens through the criminal justice system, including— 

4 (1) indigent defense; 

5 (2) criminal prosecution; 

6 (3) autopsies; 

7 (4) translators and interpreters; and 

8 (5) courts costs. 

9 (b) AUTHORIZATION OF APPROPRIATIONS.— 

10 (1) PROCESSING CRIMINAL ILLEGAL ALIENS.— 

11 There are authorized to be appropriated 

12 $400,000,000 for each of the fiscal years 2008 

13 through 2013 to carry out subsection (a). 

14 (2) COMPENSATION UPON REQUEST.—Section 

15 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as 

16 follows: 

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

18 carry this subsection— 

19 ‘‘(A) such sums as may be necessary for 

20 fiscal year 2008; 

21 ‘‘(B) $750,000,000 for fiscal year 2009; 

22 ‘‘(C) $850,000,000 for fiscal year 2010; 

23 and 

24 ‘‘(D) $950,000,000 for each of the fiscal 

25 years 2011 through 2013.’’. 


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1 (c) TECHNICAL AMENDMENT.—Section 501 of the 

2 Immigration Reform and Control Act of 1986 (8 U.S.C. 

3 1365) is amended by striking ‘‘Attorney General’’ each 

4 place it appears and inserting ‘‘Secretary of Homeland Se5 curity’’. 

6 SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL 

7 ALIENS APPREHENDED BY STATE AND LOCAL 

8 LAW ENFORCEMENT OFFICERS. 

9 (a) IN GENERAL.—The Secretary shall provide suffi10 cient transportation and officers to take illegal aliens ap11 prehended by State and local law enforcement officers into 

12 custody for processing at a detention facility operated by 

13 the Department. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary for each of fiscal years 2008 through 2012 to 

17 carry out this section. 

18 SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN 

19 SMUGGLING ON TRIBAL LANDS. 

20 (a) GRANTS AUTHORIZED.—The Secretary may 

21 award grants to Indian tribes with lands adjacent to an 

22 international border of the United States that have been 

23 adversely affected by illegal immigration. 

24 (b) USE OF FUNDS.—Grants awarded under sub25 section (a) may be used for— 


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1 (1) law enforcement activities; 

2 (2) health care services; 

3 (3) environmental restoration; and 

4 (4) the preservation of cultural resources. 

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

6 of the enactment of this Act, the Secretary shall submit 

7 a report to the Committee on the Judiciary of the Senate 

8 and the Committee on the Judiciary of the House of Rep9 resentatives that— 

10 (1) describes the level of access of Border Pa11 trol agents on tribal lands; 

12 (2) describes the extent to which enforcement of 

13 immigration laws may be improved by enhanced ac14 cess to tribal lands; 

15 (3) contains a strategy for improving such ac16 cess through cooperation with tribal authorities; and 

17 (4) identifies grants provided by the Depart18 ment for Indian tribes, either directly or through 

19 State or local grants, relating to border security ex20 penses. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated such sums as may be 

23 necessary for each of the fiscal years 2008 through 2012 

24 to carry out this section. 


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1 SEC. 221. ALTERNATIVES TO DETENTION. 

2 The Secretary shall conduct a study of— 

3 (1) the effectiveness of alternatives to detention, 

4 including electronic monitoring devices and intensive 

5 supervision programs, in ensuring alien appearance 

6 at court and compliance with removal orders; 

7 (2) the effectiveness of the Intensive Super8 vision Appearance Program and the costs and bene9 fits of expanding that program to all States; and 

10 (3) other alternatives to detention, including— 

11 (A) release on an order of recognizance; 

12 (B) appearance bonds; and 

13 (C) electronic monitoring devices. 

14 SEC. 222. CONFORMING AMENDMENT. 

15 Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is 

16 amended— 

17 (1) by striking ‘‘(i) which either is falsely mak18 ing, forging, counterfeiting, mutilating, or altering a 

19 passport or instrument in violation of section 1543 

20 of title 18, United States Code, or is described in 

21 section 1546(a) of such title (relating to document 

22 fraud) and (ii)’’ and inserting ‘‘which is described in 

23 chapter 75 of title 18, United States Code, and’’; 

24 and 


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1 (2) by inserting the following: ‘‘that is not de2 scribed in section 1548 of such title (relating to in3 creased penalties), and’’ after ‘‘first offense’’. 

4 SEC. 223. REPORTING REQUIREMENTS. 

5 (a) CLARIFYING ADDRESS REPORTING REQUIRE6 MENTS.—Section 265 (8 U.S.C. 1305) is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘notify the Attorney Gen9 eral in writing’’ and inserting ‘‘submit written 

10 or electronic notification to the Secretary of 

11 Homeland Security, in a manner approved by 

12 the Secretary,’’; 

13 (B) by striking ‘‘the Attorney General may 

14 require by regulation’’ and inserting ‘‘the Sec15 retary may require’’; and 

16 (C) by adding at the end the following: ‘‘If 

17 the alien is involved in proceedings before an 

18 immigration judge or in an administrative ap19 peal of such proceedings, the alien shall submit 

20 to the Attorney General the alien’s current ad21 dress and a telephone number, if any, at which 

22 the alien may be contacted.’’; 

23 (2) in subsection (b), by striking ‘‘Attorney 

24 General’’ each place such term appears and inserting 

25 ‘‘Secretary of Homeland Security’’; 


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1 (3) in subsection (c), by striking ‘‘given to such 

2 parent’’ and inserting ‘‘given by such parent’’; and 

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

4 ‘‘(d) ADDRESS TO BE PROVIDED.— 

5 ‘‘(1) IN GENERAL.—Except as otherwise pro6 vided by the Secretary under paragraph (2), an ad7 dress provided by an alien under this section shall 

8 be the alien’s current residential mailing address, 

9 and shall not be a post office box or other non-resi10 dential mailing address or the address of an attor11 ney, representative, labor organization, or employer. 

12 ‘‘(2) SPECIFIC REQUIREMENTS.—The Secretary 

13 may provide specific requirements with respect to— 

14 ‘‘(A) designated classes of aliens and spe15 cial circumstances, including aliens who are em16 ployed at a remote location; and 

17 ‘‘(B) the reporting of address information 

18 by aliens who are incarcerated in a Federal, 

19 State, or local correctional facility. 

20 ‘‘(3) DETENTION.—An alien who is being de21 tained by the Secretary under this Act is not re22 quired to report the alien’s current address under 

23 this section during the time the alien remains in de24 tention, but shall be required to notify the Secretary 


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1 of the alien’s address under this section at the time 

2 of the alien’s release from detention. 

3 ‘‘(e) USE OF MOST RECENT ADDRESS PROVIDED BY

4 THE ALIEN.— 

5 ‘‘(1) IN GENERAL.—Notwithstanding any other 

6 provision of law, the Secretary may provide for the 

7 appropriate coordination and cross referencing of 

8 address information provided by an alien under this 

9 section with other information relating to the alien’s 

10 address under other Federal programs, including— 

11 ‘‘(A) any information pertaining to the 

12 alien, which is submitted in any application, pe13 tition, or motion filed under this Act with the 

14 Secretary of Homeland Security, the Secretary 

15 of State, or the Secretary of Labor; 

16 ‘‘(B) any information available to the At17 torney General with respect to an alien in a 

18 proceeding before an immigration judge or an 

19 administrative appeal or judicial review of such 

20 proceeding; 

21 ‘‘(C) any information collected with respect 

22 to nonimmigrant foreign students or exchange 

23 program participants under section 641 of the 

24 Illegal Immigration Reform and Immigrant Re25 sponsibility Act of 1996 (8 U.S.C. 1372); and 


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1 ‘‘(D) any information collected from State 

2 or local correctional agencies pursuant to the 

3 State Criminal Alien Assistance Program. 

4 ‘‘(2) RELIANCE.—The Secretary may rely on 

5 the most recent address provided by the alien under 

6 this section or section 264 to send to the alien any 

7 notice, form, document, or other matter pertaining 

8 to Federal immigration laws, including service of a 

9 notice to appear. The Attorney General and the Sec10 retary may rely on the most recent address provided 

11 by the alien under section 239(a)(1)(F) to contact 

12 the alien about pending removal proceedings. 

13 ‘‘(3) OBLIGATION.—The alien’s provision of an 

14 address for any other purpose under the Federal im15 migration laws does not excuse the alien’s obligation 

16 to submit timely notice of the alien’s address to the 

17 Secretary under this section (or to the Attorney 

18 General under section 239(a)(1)(F) with respect to 

19 an alien in a proceeding before an immigration judge 

20 or an administrative appeal of such proceeding).’’. 

21 (b) CONFORMING CHANGES WITH RESPECT TO REG22 ISTRATION REQUIREMENTS.—Chapter 7 of title II (8 

23 U.S.C. 1301 et seq.) is amended— 


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1 (1) in section 262(c), by striking ‘‘Attorney 

2 General’’ and inserting ‘‘Secretary of Homeland Se3 curity’’; 

4 (2) in section 263(a), by striking ‘‘Attorney 

5 General’’ and inserting ‘‘Secretary of Homeland Se6 curity’’; and 

7 (3) in section 264— 

8 (A) in subsections (a), (b), (c), and (d), by 

9 striking ‘‘Attorney General’’ each place it ap10 pears and inserting ‘‘Secretary of Homeland 

11 Security’’; and 

12 (B) in subsection (f)— 

13 (i) by striking ‘‘Attorney General is 

14 authorized’’ and inserting ‘‘Secretary of 

15 Homeland Security and Attorney General 

16 are authorized’’; and 

17 (ii) by striking ‘‘Attorney General or 

18 the Service’’ and inserting ‘‘Secretary or 

19 the Attorney General’’. 

20 (c) PENALTIES.—Section 266 (8 U.S.C. 1306) is 

21 amended— 

22 (1) by amending subsection (b) to read as fol23 lows: 

24 ‘‘(b) FAILURE TO PROVIDE NOTICE OF ALIEN’S

25 CURRENT ADDRESS.— 


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1 ‘‘(1) CRIMINAL PENALTIES.—Any alien or any 

2 parent or legal guardian in the United States of any 

3 minor alien who fails to notify the Secretary of 

4 Homeland Security of the alien’s current address in 

5 accordance with section 265 shall be fined under 

6 title 18, United States Code, imprisoned for not 

7 more than 6 months, or both. 

8 ‘‘(2) EFFECT ON IMMIGRATION STATUS.—Any 

9 alien who violates section 265 (regardless of whether 

10 the alien is punished under paragraph (1)) and does 

11 not establish to the satisfaction of the Secretary that 

12 such failure was reasonably excusable or was not 

13 willful shall be taken into custody in connection with 

14 removal of the alien. If the alien has not been in15 spected or admitted, or if the alien has failed on 

16 more than 1 occasion to submit notice of the alien’s 

17 current address as required under section 265, the 

18 alien may be presumed to be a flight risk. The Sec19 retary or the Attorney General, in considering any 

20 form of relief from removal which may be granted 

21 in the discretion of the Secretary or the Attorney 

22 General, may take into consideration the alien’s fail23 ure to comply with section 265 as a separate nega24 tive factor. If the alien failed to comply with the re25 quirements of section 265 after becoming subject to 


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1 a final order of removal, deportation, or exclusion, 

2 the alien’s failure shall be considered as a strongly 

3 negative factor with respect to any discretionary mo4 tion for reopening or reconsideration filed by the 

5 alien.’’; 

6 (2) in subsection (c), by inserting ‘‘or a notice 

7 of current address’’ before ‘‘containing statements’’; 

8 and 

9 (3) in subsections (c) and (d), by striking ‘‘At10 torney General’’ each place it appears and inserting 

11 ‘‘Secretary’’. 

12 (d) EFFECTIVE DATES.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the amendments made by this section 

15 shall apply to proceedings initiated on or after the 

16 date of the enactment of this Act. 

17 (2) CONFORMING AND TECHNICAL AMEND18 MENTS.—The amendments made by paragraphs 

19 (1)(A), (1)(B), (2) and (3) of subsection (a) are ef20 fective as if enacted on March 1, 2003. 

21 SEC. 224. STATE AND LOCAL ENFORCEMENT OF FEDERAL 

22 IMMIGRATION LAWS. 

23 (a) IN GENERAL.—Section 287(g) (8 U.S.C. 

24 1357(g)) is amended— 


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1 (1) in paragraph (2), by adding at the end the 

2 following: ‘‘If such training is provided by a State or 

3 political subdivision of a State to an officer or em4 ployee of such State or political subdivision of a 

5 State, the cost of such training (including applicable 

6 overtime costs) shall be reimbursed by the Secretary 

7 of Homeland Security.’’; and 

8 (2) in paragraph (4), by adding at the end the 

9 following: ‘‘The cost of any equipment required to be 

10 purchased under such written agreement and nec11 essary to perform the functions under this sub12 section shall be reimbursed by the Secretary of 

13 Homeland Security.’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary such 

16 sums as may be necessary to carry out this section and 

17 the amendments made by this section. 

18 SEC. 225. REMOVAL OF DRUNK DRIVERS. 

19 (a) IN GENERAL.—Section 101(a)(43)(F) (8 U.S.C. 

20 1101(a)(43)(F)) is amended by inserting ‘‘, including a 

21 third drunk driving conviction, regardless of the States in 

22 which the convictions occurred or whether the offenses are 

23 classified as misdemeanors or felonies under State law,’’ 

24 after ‘‘offense)’’. 


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

2 subsection (a) shall— 

3 (1) take effect on the date of the enactment of 

4 this Act; and 

5 (2) apply to convictions entered on or after 

6 such date. 

7 SEC. 226. MEDICAL SERVICES IN UNDERSERVED AREAS. 

8 Section 220(c) of the Immigration and Nationality 

9 Technical Corrections Act of 1994 (8 U.S.C. 1182 note) 

10 is amended by striking ‘‘and before June 1, 2006.’’. 

11 SEC. 227. EXPEDITED REMOVAL. 

12 (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 

13 amended— 

14 (1) by striking the section heading and insert15 ing ‘‘EXPEDITED REMOVAL OF CRIMINAL

16 ALIENS’’; 

17 (2) in subsection (a), by striking the subsection 

18 heading and inserting: ‘‘EXPEDITED REMOVAL

19 FROM CORRECTIONAL FACILITIES.—’’; 

20 (3) in subsection (b), by striking the subsection 

21 heading and inserting: ‘‘REMOVAL OF CRIMINAL

22 ALIENS.—’’; 

23 (4) in subsection (b), by striking paragraphs 

24 (1) and (2) and inserting the following: 


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

2 Security may, in the case of an alien described in 

3 paragraph (2), determine the deportability of such 

4 alien and issue an order of removal pursuant to the 

5 procedures set forth in this subsection or section 

6 240. 

7 ‘‘(2) ALIENS DESCRIBED.—An alien is de8 scribed in this paragraph if the alien— 

9 ‘‘(A) has not been lawfully admitted to the 

10 United States for permanent residence; and 

11 ‘‘(B) was convicted of any criminal offense 

12 described in subparagraph (A)(iii), (C), or (D) 

13 of section 237(a)(2).’’; 

14 (5) in the subsection (c) that relates to pre15 sumption of deportability, by striking ‘‘convicted of 

16 an aggravated felony’’ and inserting ‘‘described in 

17 subsection (b)(2)’’; 

18 (6) by redesignating the subsection (c) that re19 lates to judicial removal as subsection (d); and 

20 (7) in subsection (d)(5) (as so redesignated), by 

21 striking ‘‘, who is deportable under this Act,’’. 

22 (b) APPLICATION TO CERTAIN ALIENS.— 

23 (1) IN GENERAL.—Section 235(b)(1)(A)(iii) (8 

24 U.S.C. 1225(b)(1)(A)(iii)) is amended— 


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1 (A) in subclause (I), by striking ‘‘Attorney 

2 General’’ and inserting ‘‘Secretary of Homeland 

3 Security’’ each place it appears; and 

4 (B) by adding at the end the following new 

5 subclause: 

6 ‘‘(III) EXCEPTION.—Notwith7 standing subclauses (I) and (II), the 

8 Secretary of Homeland Security shall 

9 apply clauses (i) and (ii) of this sub10 paragraph to any alien (other than an 

11 alien described in subparagraph (F)) 

12 who is not a national of a country 

13 contiguous to the United States, who 

14 has not been admitted or paroled into 

15 the United States, and who is appre16 hended within 100 miles of an inter17 national land border of the United 

18 States and within 14 days of entry.’’. 

19 (2) EXCEPTIONS.—Section 235(b)(1)(F) of the 

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

21 1225(b)(1)(F)) is amended— 

22 (A) by striking ‘‘and who arrives by air23 craft at a port of entry’’ and inserting ‘‘and— 

24 ’’; and 

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


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1 ‘‘(i) who arrives by aircraft at a port 

2 of entry; or 

3 ‘‘(ii) who is present in the United 

4 States and arrived in any manner at or be5 tween a port of entry.’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 this section shall take effect on the date of the enactment 

8 of this Act and shall apply to all aliens apprehended or 

9 convicted on or after such date. 

10 SEC. 228. PROTECTING IMMIGRANTS FROM CONVICTED 

11 SEX OFFENDERS. 

12 (a) IMMIGRANTS.—Section 204(a)(1) (8 U.S.C. 

13 1154(a)(1)), is amended— 

14 (1) in subparagraph (A)(i), by striking ‘‘Any’’ 

15 and inserting ‘‘Except as provided in clause (vii), 

16 any’’; 

17 (2) in subparagraph (A), by inserting after 

18 clause (vi) the following: 

19 ‘‘(vii) Clause (i) shall not apply to a citizen of the 

20 United States who has been convicted of an offense de21 scribed in subparagraph (A), (I), or (K) of section 

22 101(a)(43), unless the Secretary of Homeland Security, 

23 in the Secretary’s sole and unreviewable discretion, deter24 mines that the citizen poses no risk to the alien with reVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00197 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 spect to whom a petition described in clause (i) is filed.’’; 

2 and 

3 (3) in subparagraph (B)(i)— 

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

5 the following: ‘‘(I) Except as provided in sub6 clause (II), any alien’’; and 

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

8 ‘‘(II) Subclause (I) shall not apply in the case of an 

9 alien admitted for permanent residence who has been con10 victed of an offense described in subparagraph (A), (I), 

11 or (K) of section 101(a)(43), unless the Secretary of 

12 Homeland Security, in the Secretary’s sole and 

13 unreviewable discretion, determines that the alien lawfully 

14 admitted for permanent residence poses no risk to the 

15 alien with respect to whom a petition described in sub16 clause (I) is filed.’’. 

17 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) (8 

18 U.S.C. 1101(a)(15)(K)), is amended by inserting ‘‘(other 

19 than a citizen described in section 204(a)(1)(A)(vii))’’ 

20 after ‘‘citizen of the United States’’ each place that phrase 

21 appears. 


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1 SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND 

2 POLITICAL SUBDIVISIONS AND TRANSFER TO 

3 FEDERAL CUSTODY. 

4 (a) IN GENERAL.—Title II (8 U.S.C. 1151 et. seq.) 

5 is amended by adding after section 240C the following new 

6 section: 

7 ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES 

8 AND POLITICAL SUBDIVISIONS AND TRANS9 FER OF ALIENS TO FEDERAL CUSTODY. 

10 ‘‘(a) AUTHORITY.—Notwithstanding any other provi11 sion of law, law enforcement personnel of a State, or a 

12 political subdivision of a State, have the inherent authority 

13 of a sovereign entity to investigate, apprehend, arrest, de14 tain, or transfer to Federal custody (including the trans15 portation across State lines to detention centers) an alien 

16 for the purpose of assisting in the enforcement of the 

17 criminal provisions of the immigration laws of the United 

18 States in the normal course of carrying out the law en19 forcement duties of such personnel. This State authority 

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

21 ‘‘(b) CONSTRUCTION.—Nothing in this section shall 

22 be construed to require law enforcement personnel of a 

23 State or a political subdivision to assist in the enforcement 

24 of the immigration laws of the United States. 

25 ‘‘(c) TRANSFER.—If the head of a law enforcement 

26 entity of a State (or, if appropriate, a political subdivision 


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1 of the State) exercising authority with respect to the ap2 prehension or arrest of an alien submits a request to the 

3 Secretary of Homeland Security that the alien be taken 

4 into Federal custody, the Secretary of Homeland Secu5 rity— 

6 ‘‘(1) shall— 

7 ‘‘(A) deem the request to include the in8 quiry to verify immigration status described in 

9 section 642(c) of the Illegal Immigration Re10 form and Immigrant Responsibility Act of 1996 

11 (8 U.S.C. 1373(c)), and expeditiously inform 

12 the requesting entity whether such individual is 

13 an alien lawfully admitted to the United States 

14 or is otherwise lawfully present in the United 

15 States; and 

16 ‘‘(B) if the individual is an alien who is not 

17 lawfully admitted to the United States or other18 wise is not lawfully present in the United 

19 States— 

20 ‘‘(i) take the illegal alien into the cus21 tody of the Federal Government not later 

22 than 72 hours after— 

23 ‘‘(I) the conclusion of the State 

24 charging process or dismissal process; 

25 or 


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1 ‘‘(II) the illegal alien is appre2 hended, if no State charging or dis3 missal process is required; or 

4 ‘‘(ii) request that the relevant State or 

5 local law enforcement agency temporarily 

6 detain or transport the alien to a location 

7 for transfer to Federal custody; and 

8 ‘‘(2) shall designate at least 1 Federal, State, 

9 or local prison or jail or a private contracted prison 

10 or detention facility within each State as the central 

11 facility for that State to transfer custody of aliens 

12 to the Department of Homeland Security. 

13 ‘‘(d) REIMBURSEMENT.— 

14 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

15 Security shall reimburse a State, or a political sub16 division of a State, for expenses, as verified by the 

17 Secretary, incurred by the State or political subdivi18 sion in the detention and transportation of an alien 

19 as described in subparagraphs (A) and (B) of sub20 section (c)(1). 

21 ‘‘(2) COST COMPUTATION.—Compensation pro22 vided for costs incurred under subparagraphs (A) 

23 and (B) of subsection (c)(1) shall be— 

24 ‘‘(A) the product of— 


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1 ‘‘(i) the average daily cost of incarcer2 ation of a prisoner in the relevant State, as 

3 determined by the chief executive officer of 

4 a State (or, as appropriate, a political sub5 division of the State); multiplied by 

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

7 was in the custody of the State or political 

8 subdivision; plus 

9 ‘‘(B) the cost of transporting the alien 

10 from the point of apprehension or arrest to the 

11 location of detention, and if the location of de12 tention and of custody transfer are different, to 

13 the custody transfer point; plus 

14 ‘‘(C) the cost of uncompensated emergency 

15 medical care provided to a detained alien during 

16 the period between the time of transmittal of 

17 the request described in subsection (c) and the 

18 time of transfer into Federal custody. 

19 ‘‘(e) REQUIREMENT FOR APPROPRIATE SECURITY.— 

20 The Secretary of Homeland Security shall ensure that— 

21 ‘‘(1) aliens incarcerated in a Federal facility 

22 pursuant to this section are held in facilities which 

23 provide an appropriate level of security; and 


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1 ‘‘(2) if practicable, aliens detained solely for 

2 civil violations of Federal immigration law are sepa3 rated within a facility or facilities. 

4 ‘‘(f) REQUIREMENT FOR SCHEDULE.—In carrying 

5 out this section, the Secretary of Homeland Security shall 

6 establish a regular circuit and schedule for the prompt 

7 transportation of apprehended aliens from the custody of 

8 those States, and political subdivisions of States, which 

9 routinely submit requests described in subsection (c), into 

10 Federal custody. 

11 ‘‘(g) AUTHORITY FOR CONTRACTS.— 

12 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

13 Security may enter into contracts or cooperative 

14 agreements with appropriate State and local law en15 forcement and detention agencies to implement this 

16 section. 

17 ‘‘(2) DETERMINATION BY SECRETARY.—Prior 

18 to entering into a contract or cooperative agreement 

19 with a State or political subdivision of a State under 

20 paragraph (1), the Secretary shall determine wheth21 er the State, or if appropriate, the political subdivi22 sion in which the agencies are located, has in place 

23 any formal or informal policy that violates section 

24 642 of the Illegal Immigration Reform and Immi25 grant Responsibility Act of 1996 (8 U.S.C. 1373). 


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1 The Secretary shall not allocate any of the funds 

2 made available under this section to any State or po3 litical subdivision that has in place a policy that vio4 lates such section.’’. 

5 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

6 DETENTION AND TRANSPORTATION TO FEDERAL CUS7 TODY OF ALIENS NOT LAWFULLY PRESENT.—There are 

8 authorized to be appropriated $850,000,000 for fiscal year 

9 2008 and each subsequent fiscal year for the detention 

10 and removal of aliens not lawfully present in the United 

11 States under the Immigration and Nationality Act (8 

12 U.S.C. 1101 et. seq.). 

13 SEC. 230. LAUNDERING OF MONETARY INSTRUMENTS. 

14 Section 1956(c)(7)(D) of title 18, United States 

15 Code, is amended— 

16 (1) by inserting ‘‘section 1590 (relating to traf17 ficking with respect to peonage, slavery, involuntary 

18 servitude, or forced labor),’’ after ‘‘section 1363 (re19 lating to destruction of property within the special 

20 maritime and territorial jurisdiction),’’; and 

21 (2) by inserting ‘‘section 274(a) of the Immi22 gration and Nationality Act (8 U.S.C.1324(a)) (re23 lating to bringing in and harboring certain aliens),’’ 

24 after ‘‘section 590 of the Tariff Act of 1930 (19 

25 U.S.C. 1590) (relating to aviation smuggling),’’. 


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1 SEC. 231. LISTING OF IMMIGRATION VIOLATORS IN THE NA2 TIONAL CRIME INFORMATION CENTER DATA3 BASE. 

4 (a) PROVISION OF INFORMATION TO THE NATIONAL

5 CRIME INFORMATION CENTER.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (3), not later than 180 days after the date of 

8 the enactment of this Act, the Secretary shall pro9 vide to the head of the National Crime Information 

10 Center of the Department of Justice the information 

11 that the Secretary has or maintains related to any 

12 alien— 

13 (A) against whom a final order of removal 

14 has been issued; 

15 (B) who enters into a voluntary departure 

16 agreement, or is granted voluntary departure by 

17 an immigration judge, whose period for depar18 ture has expired under subsection (a)(3) of sec19 tion 240B of the Immigration and Nationality 

20 Act (8 U.S.C. 1229c) (as amended by section 

21 211(a)(1)(C)), subsection (b)(2) of such section 

22 240B, or who has violated a condition of a vol23 untary departure agreement under such section 

24 240B; 


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1 (C) whom a Federal immigration officer 

2 has confirmed to be unlawfully present in the 

3 United States; and 

4 (D) whose visa has been revoked. 

5 (2) REMOVAL OF INFORMATION.—The head of 

6 the National Crime Information Center should 

7 promptly remove any information provided by the 

8 Secretary under paragraph (1) related to an alien 

9 who is granted lawful authority to enter or remain 

10 legally in the United States. 

11 (3) PROCEDURE FOR REMOVAL OF ERRONEOUS

12 INFORMATION.—The Secretary, in consultation with 

13 the head of the National Crime Information Center 

14 of the Department of Justice, shall develop and im15 plement a procedure by which an alien may petition 

16 the Secretary or head of the National Crime Infor17 mation Center, as appropriate, to remove any erro18 neous information provided by the Secretary under 

19 paragraph (1) related to such alien. Under such pro20 cedures, failure by the alien to receive notice of a 

21 violation of the immigration laws shall not constitute 

22 cause for removing information provided by the Sec23 retary under paragraph (1) related to such alien, un24 less such information is erroneous. Notwithstanding 

25 the 180-day time period set forth in paragraph (1), 


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1 the Secretary shall not provide the information re2 quired under paragraph (1) until the procedures re3 quired by this paragraph are developed and imple4 mented. 

5 (b) INCLUSION OF INFORMATION IN THE NATIONAL

6 CRIME INFORMATION CENTER DATABASE.—Section 

7 534(a) of title 28, United States Code, is amended— 

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

9 end; 

10 (2) by redesignating paragraph (4) as para11 graph (5); and 

12 (3) by inserting after paragraph (3) the fol13 lowing new paragraph: 

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

15 records of violations of the immigration laws of the 

16 United States; and’’. 

17 SEC. 232. COOPERATIVE ENFORCEMENT PROGRAMS. 

18 Not later than 2 years after the date of the enact19 ment of this Act, the Secretary shall negotiate and exe20 cute, where practicable, a cooperative enforcement agree21 ment described in section 287(g) of the Immigration and 

22 Nationality Act (8 U.S.C. 1357(g)) with at least 1 law 

23 enforcement agency in each State, to train law enforce24 ment officers in the detection and apprehension of individ25 uals engaged in transporting, harboring, sheltering, or enVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00207 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 couraging aliens in violation of section 274 of such Act 

2 (8 U.S.C. 1324). 

3 SEC. 233. INCREASE OF FEDERAL DETENTION SPACE AND 

4 THE UTILIZATION OF FACILITIES IDENTIFIED 

5 FOR CLOSURES AS A RESULT OF THE DE6 FENSE BASE CLOSURE REALIGNMENT ACT 

7 OF 1990. 

8 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

9 FACILITIES.— 

10 (1) IN GENERAL.—The Secretary shall con11 struct or acquire, in addition to existing facilities for 

12 the detention of aliens, at least 20 detention facili13 ties in the United States that have the capacity to 

14 detain a combined total of not less than 20,000 indi15 viduals at any time for aliens detained pending re16 moval or a decision on removal of such aliens from 

17 the United States subject to available appropria18 tions. 

19 (b) CONSTRUCTION OF OR ACQUISITION OF DETEN20 TION FACILITIES.— 

21 (1) REQUIREMENT TO CONSTRUCT OR AC22 QUIRE.—The Secretary shall construct or acquire 

23 additional detention facilities in the United States to 

24 accommodate the detention beds required by section 

25 5204(a) of the Intelligence Reform and Terrorism 


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1 Protection Act of 2004, as amended by subsection 

2 (a), subject to available appropriations. 

3 (2) USE OF ALTERNATE DETENTION FACILI4 TIES.—Subject to the availability of appropriations, 

5 the Secretary shall fully utilize all possible options to 

6 cost effectively increase available detention capac7 ities, and shall utilize detention facilities that are 

8 owned and operated by the Federal Government if 

9 the use of such facilities is cost effective. 

10 (3) USE OF INSTALLATIONS UNDER BASE CLO11 SURE LAWS.—In acquiring additional detention fa12 cilities under this subsection, the Secretary shall 

13 consider the transfer of appropriate portions of mili14 tary installations approved for closure or realign15 ment under the Defense Base Closure and Realign16 ment Act of 1990 (part A of title XXIX of Public 

17 Law 101–510; 10 U.S.C. 2687 note) for use in ac18 cordance with subsection (a). 

19 (4) DETERMINATION OF LOCATION.—The loca20 tion of any detention facility constructed or acquired 

21 in accordance with this subsection shall be deter22 mined, with the concurrence of the Secretary, by the 

23 senior officer responsible for Detention and Removal 

24 Operations in the Department. The detention facili25 ties shall be located so as to enable the officers and 


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1 employees of the Department to increase to the max2 imum extent practicable the annual rate and level of 

3 removals of illegal aliens from the United States. 

4 (c) ANNUAL REPORT TO CONGRESS.—Not later than 

5 1 year after the date of the enactment of this Act, and 

6 annually thereafter, in consultation with the heads of 

7 other appropriate Federal agencies, the Secretary shall 

8 submit to Congress an assessment of the additional deten9 tion facilities and bed space needed to detain unlawful 

10 aliens apprehended at the United States ports of entry or 

11 along the international land borders of the United States. 

12 (d) TECHNICAL AND CONFORMING AMENDMENT.— 

13 Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by 

14 striking ‘‘may expend’’ and inserting ‘‘shall expend’’. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary to carry out this section. 

18 SEC. 234. DETERMINATION OF IMMIGRATION STATUS OF 

19 INDIVIDUALS CHARGED WITH FEDERAL OF20 FENSES. 

21 (a) RESPONSIBILITY OF UNITED STATES ATTOR22 NEYS.—Beginning not later than 2 years after the date 

23 of the enactment of this Act, the office of the United 

24 States Attorney that is prosecuting a criminal case in a 

25 Federal court— 


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1 (1) shall determine, not later than 30 days 

2 after filing the initial pleadings in the case, whether 

3 each defendant in the case is lawfully present in the 

4 United States (subject to subsequent legal pro5 ceedings to determine otherwise); 

6 (2)(A) if the defendant is determined to be an 

7 alien lawfully present in the United States, shall no8 tify the court in writing of the determination and 

9 the current status of the alien under the Immigra10 tion and Nationality Act (8 U.S.C. 1101 et seq.); 

11 and 

12 (B) if the defendant is determined not to be 

13 lawfully present in the United States, shall notify 

14 the court in writing of the determination, the de15 fendant’s alien status, and, to the extent possible, 

16 the country of origin or legal residence of the de17 fendant; and 

18 (3) ensure that the information described in 

19 paragraph (2) is included in the case file and the 

20 criminal records system of the office of the United 

21 States attorney. 

22 (b) GUIDELINES.—A determination made under sub23 section (a)(1) shall be made in accordance with guidelines 

24 of the Executive Office for Immigration Review of the De25 partment of Justice. 


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1 (c) RESPONSIBILITIES OF FEDERAL COURTS.— 

2 (1) MODIFICATIONS OF RECORDS AND CASE

3 MANAGEMENTS SYSTEMS.—Not later than 2 years 

4 after the date of the enactment of this Act, all Fed5 eral courts that hear criminal cases, or appeals of 

6 criminal cases, shall modify their criminal records 

7 and case management systems, in accordance with 

8 guidelines which the Director of the Administrative 

9 Office of the United States Courts shall establish, so 

10 as to enable accurate reporting of information de11 scribed in subsection (a)(2). 

12 (2) DATA ENTRIES.—Beginning not later than 

13 2 years after the date of the enactment of this Act, 

14 each Federal court described in paragraph (1) shall 

15 enter into its electronic records the information con16 tained in each notification to the court under sub17 section (a)(2). 

18 (d) CONSTRUCTION.—Nothing in this section may be 

19 construed to provide a basis for admitting evidence to a 

20 jury or releasing information to the public regarding an 

21 alien’s immigration status. 

22 (e) ANNUAL REPORT TO CONGRESS.—The Director 

23 of the Administrative Office of the United States Courts 

24 shall include, in the annual report filed with Congress 

25 under section 604 of title 28, United States Code— 


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1 (1) statistical information on criminal trials of 

2 aliens in the courts and criminal convictions of 

3 aliens in the lower courts and upheld on appeal, in4 cluding the type of crime in each case and including 

5 information on the legal status of the aliens; and 

6 (2) recommendations on whether additional 

7 court resources are needed to accommodate the vol8 ume of criminal cases brought against aliens in the 

9 Federal courts. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated for each of fiscal years 

12 2008 through 2012, such sums as may be necessary to 

13 carry out this Act. Funds appropriated pursuant to this 

14 subsection in any fiscal year shall remain available until 

15 expended. 

16 SEC. 235. EXPANSION OF THE JUSTICE PRISONER AND 

17 ALIEN TRANSFER SYSTEM. 

18 Not later than 60 days after the date of enactment 

19 of this Act, the Attorney General shall issue a directive 

20 to expand the Justice Prisoner and Alien Transfer System 

21 (JPATS) so that such System provides additional services 

22 with respect to aliens who are illegally present in the 

23 United States. Such expansion should include— 

24 (1) increasing the daily operations of such Sys25 tem with buses and air hubs in 3 geographic regions; 


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1 (2) allocating a set number of seats for such 

2 aliens for each metropolitan area; 

3 (3) allowing metropolitan areas to trade or give 

4 some of seats allocated to them under the System 

5 for such aliens to other areas in their region based 

6 on the transportation needs of each area; and 

7 (4) requiring an annual report that analyzes of 

8 the number of seats that each metropolitan area is 

9 allocated under this System for such aliens and 

10 modifies such allocation if necessary. 

11 TITLE III—ILLEGAL ALIEN 

12 REGISTRATION 

13 SEC. 301. REGISTRATION FOR ILLEGAL WORKERS. 

14 (a) REGISTRATION.—Section 262 (8 U.S.C. 1302) is 

15 amended by adding at the end the following: 

16 ‘‘(d) Any alien who is unlawfully employed in the 

17 United States as of January 1, 2007, may not receive a 

18 nonimmigrant visa under section 218A unless the alien— 

19 ‘‘(1) applies for registration and fingerprinting 

20 under section 221(b) not later than 1 year after the 

21 effective date set out in section 601 of the Border 

22 Security and Immigration Reform Act of 2007; and 

23 ‘‘(2) applies for a nonimmigrant visa under sec24 tion 218A not later than 1 year after such effective 

25 date.’’. 


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1 (b) PENALTIES.— 

2 (1) IN GENERAL.—Section 266 (8 U.S.C. 1306) 

3 is amended by adding at the end the following: 

4 ‘‘(e) FAILURE TO REGISTER; EMPLOYMENT OF ILLE5 GAL ALIENS.— 

6 ‘‘(1) FAILURE TO REGISTER.—Any alien who is 

7 unlawfully present in the United States is subject to 

8 immediate deportation and is ineligible to receive a 

9 nonimmigrant visa under section 218A. 

10 ‘‘(2) EMPLOYMENT OF ILLEGAL ALIENS.—Any 

11 employer who knowingly employs an alien who is un12 lawfully present in the United States shall be ineli13 gible to employ any alien in possession of a non14 immigrant visa issued under section 218A.’’. 

15 (2) EFFECTIVE DATE.—The amendment made 

16 by paragraph (1) shall take effect on the date which 

17 is 2 years after the effective date set out in section 

18 601. 

19 SEC. 302. GUEST WORKER PROGRAM. 

20 (a) DEFINITION.—Section 101(a)(15) (8 U.S.C. 

21 1101(a)(15)) is amended— 

22 (1) in subparagraph (U), by striking ‘‘or’’ at 

23 the end; 

24 (2) in subparagraph (V), by striking the period 

25 at the end and inserting ‘‘; or’’; and 


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

2 ‘‘(W) an alien having a residence in a for3 eign country who is coming to the United 

4 States to perform— 

5 ‘‘(i) agricultural labor or services (as 

6 defined by the Secretary of Labor); or 

7 ‘‘(ii) any labor or services other than 

8 those described in clause (i).’’. 

9 (b) GUEST WORKER PROGRAM.— 

10 (1) IN GENERAL.—Chapter 2 of title II (8 

11 U.S.C. 1181 et seq.) is amended by inserting after 

12 section 218 the following: 

13 ‘‘SEC. 218A. ADMISSION OF W VISA NONIMMIGRANT GUEST 

14 WORKERS. 

15 ‘‘(a) W GUEST WORKER APPLICATIONS.— 

16 ‘‘(1) IN GENERAL.—After receiving a certifi17 cation from the Secretary of Labor in accordance 

18 with paragraph (2), an employer desiring to import 

19 a nonimmigrant described in section 101(a)(15)(W) 

20 (referred to in this section as a ‘guest worker’) for 

21 employment in the United States shall file an appli22 cation with the Secretary of Homeland Security in 

23 such form, in such manner, and containing such in24 formation as the Secretary may require. 


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1 ‘‘(2) APPLICABLE PROVISIONS.—The provisions 

2 under subsections (a) through (e) of section 218 

3 shall apply to certification petitions filed by employ4 ers desiring to import guest workers in the same 

5 manner as they apply to H-2A workers under such 

6 section. 

7 ‘‘(b) APPLICATION.—Upon approval of an application 

8 under subsection (a), a guest worker who, if physically 

9 present in the United States on January 1, 2007, has reg10 istered and been fingerprinted under section 221(b), may 

11 apply for a nonimmigrant visa under section 

12 101(a)(15)(W) by showing such identification as the Sec13 retary of Homeland Security may require. 

14 ‘‘(c) DURATION.—A nonimmigrant visa issued to a 

15 guest worker under this section shall authorize the guest 

16 worker to be employed by the employer who requested 

17 such worker for an initial period not to exceed 2 years. 

18 ‘‘(d) TERMS.—As a condition of continuing employ19 ment eligibility, a guest worker receiving a nonimmigrant 

20 visa under this section shall agree to— 

21 ‘‘(1) submit information to the Secretary to be 

22 used— 

23 ‘‘(A) to conduct a criminal background in24 vestigation of the alien; and 


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1 ‘‘(B) to verify that the alien is not listed 

2 on any terrorist watch list; 

3 ‘‘(2) abide by all applicable Federal, State, and 

4 local laws; 

5 ‘‘(3) be employed and abide by the terms of 

6 such employment; and 

7 ‘‘(4) complete an approved assimilation pro8 gram, including English and civics courses, before 

9 the end of the initial 2-year employment period. 

10 ‘‘(e) RENEWAL.—A nonimmigrant visa issued to a 

11 guest worker under this section may be renewed for an 

12 unlimited number of 2-year terms if the guest worker com13 plies with the terms described in subsection (d) and ap14 plies for renewal in the United States before the end of 

15 each prior 2-year period.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents for the Immigration and Nationality Act is 

18 amended by inserting after the item relating to sec19 tion 218 the following: 

‘‘Sec. 218A. Admission of W visa nonimmigrant guest workers.’’. 

20 SEC. 303. EFFECTIVE DATE. 

21 Except as specifically provided otherwise, this title 

22 and the amendments made by this title shall take effect 

23 on the effective date set out in section 601. 


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1 TITLE IV—PENALTIES 

2 SEC. 401. INCREASED CRIMINAL PENALTIES FOR DOCU3 MENT FRAUD. 

4 Section 1546 of title 18, United States Code, is 

5 amended— 

6 (1) in subsection (a)— 

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

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

9 (B) by inserting ‘‘and if the terrorism of10 fense resulted in the death of any person, shall 

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

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

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

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

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

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

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

18 ‘‘imprisoned not more than 30 years’’; and 

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

20 inserting ‘‘10 years’’. 

21 SEC. 402. INCREASED CRIMINAL PENALTIES FOR CERTAIN 

22 CRIMES. 

23 (a) IN GENERAL.—Title 18, United States Code, is 

24 amended by inserting after chapter 51 the following: 


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1 ‘‘CHAPTER 52—ILLEGAL ALIENS 

2 ‘‘SEC. 1131. ENHANCED PENALTIES FOR CERTAIN CRIMES 

3 COMMITTED 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 (b) CLERICAL AMENDMENT.—The table of chapters 

18 at the beginning of part I of title 18, United States Code, 

19 is amended by inserting after the item relating to chapter 

20 51 the following: 

52. Illegal aliens ........................................................................................ 1131 

21 SEC. 403. ADDITIONAL PENALTIES. 

22 (a) IN GENERAL.—Section 218A of the Immigration 

23 and Nationality Act, as added by section 302, is amended 

24 by adding at the end the following: 

25 ‘‘(f) PENALTIES.— 


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1 ‘‘(1) GUEST WORKERS.—A guest worker who 

2 violates any of the terms described in subsection (d) 

3 shall be subject to deportation and shall be ineligible 

4 to receive a nonimmigrant visa under this section. 

5 ‘‘(2) EMPLOYERS.— 

6 ‘‘(A) NOTIFICATION OF VIOLATION.—An 

7 employer who fails to notify the Secretary of 

8 Homeland Security after discovering that a 

9 guest worker has violated any of the terms de10 scribed in subsection (d) shall be ineligible to 

11 employ any alien in possession of a non12 immigrant visa issued under section. 

13 ‘‘(B) EMPLOYMENT OF ILLEGAL WORK14 ERS.—Any employer who knowingly employs a 

15 worker in the United States who is not author16 ized to work in the United States shall be sub17 ject to— 

18 ‘‘(i) for the first violation, a civil pen19 alty in an amount not to exceed $25,000; 

20 and 

21 ‘‘(ii) for the second or subsequent vio22 lation— 

23 ‘‘(I) a term of imprisonment not 

24 to exceed 2 years for the individual 


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1 who hired the unauthorized worker; 

2 and 

3 ‘‘(II) disqualification of the em4 ployer from further participation in 

5 the guest worker program authorized 

6 under this section.’’. 

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

8 subsection (a) shall take effect on the date which is 2 

9 years after the date of the effective date set out in section 

10 601. 

11 TITLE V—REMOVAL AND 

12 VIOLATION TRACKING 

13 SEC. 501. INSTITUTIONAL REMOVAL PROGRAM. 

14 (a) INSTITUTIONAL REMOVAL PROGRAM.— 

15 (1) CONTINUATION.—The Secretary shall con16 tinue to operate the Institutional Removal Program 

17 of the Department to— 

18 (A) identify removable criminal aliens in 

19 Federal and State correctional facilities; 

20 (B) ensure that such aliens are not re21 leased into the community; and 

22 (C) remove such aliens from the United 

23 States after the completion of their sentences. 

24 (2) EXPANSION.—Not later than 5 years after 

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


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1 shall expand the Institutional Removal Program to 

2 every State. 

3 (3) STATE PARTICIPATION.—The appropriate 

4 officials of each State in which the Secretary is oper5 ating the Institutional Removal Program should— 

6 (A) cooperate with Federal officials car7 rying out the Institutional Removal Program; 

8 (B) expeditiously and systematically iden9 tify criminal aliens in the prison and jail popu10 lations of the State; and 

11 (C) promptly convey the information de12 scribed in subparagraph (B) to the appropriate 

13 officials carrying out the Institutional Removal 

14 Program. 

15 (b) REPORT TO CONGRESS.—Not later than 2 years 

16 after of the date of the enactment of this Act, the Sec17 retary shall submit a report to Congress on the participa18 tion of the States in the Institutional Removal Program. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated $50,000,000 to carry 

21 out the expanded Institutional Removal Program author22 ized under subsection (a). 


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1 SEC. 502. AUTHORIZATION FOR DETENTION AFTER COM2 PLETION OF STATE OR LOCAL PRISON SEN3 TENCE. 

4 (a) IN GENERAL.—Law enforcement officers of a 

5 State or political subdivision of a State are authorized 

6 to— 

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

8 14 days after the alien has completed the alien’s 

9 State or local prison sentence in order to effectuate 

10 the transfer of the alien to Federal custody when the 

11 alien is removable or not lawfully present in the 

12 United States; or 

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

14 have served a State or local prison sentence to be 

15 detained by an appropriate prison until personnel 

16 from the Bureau of Immigration and Customs En17 forcement can take the alien into Federal custody. 

18 (b) REIMBURSEMENT.— 

19 (1) IN GENERAL.—The Secretary shall reim20 burse a State or a political subdivision of a State for 

21 all reasonable expenses incurred by the State or the 

22 political subdivision for the detention of an alien as 

23 described in subsection (a). 

24 (2) COST COMPUTATION.—The amount of reim25 bursement provided for costs incurred carrying out 


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1 subsection (a) shall be determined pursuant to a for2 mula determined by the Secretary. 

3 (c) TECHNOLOGY USAGE.—Technology such as 

4 videoconferencing shall be used to the maximum extent 

5 possible in order to make the Institutional Removal Pro6 gram available in remote locations. Mobile access to Fed7 eral databases of aliens and live scan technology shall be 

8 used to the maximum extent practicable in order to make 

9 these resources available to State and local law enforce10 ment agencies in remote locations. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated such sums as may be 

13 necessary to reimburse a State or political subdivision of 

14 a State for the detention of an illegal alien pursuant to 

15 subsection (b). 

16 SEC. 503. USE OF THE NATIONAL CRIME INFORMATION 

17 CENTER DATABASE TO TRACK VIOLATIONS 

18 OF IMMIGRATION LAW. 

19 (a) PROVISION OF INFORMATION TO THE NATIONAL

20 CRIME INFORMATION CENTER.— 

21 (1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this Act, the Secretary 

23 shall provide the National Crime Information Center 

24 of the Department of Justice with such information 

25 as the Director may have related to— 


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1 (A) any alien against whom a final order 

2 of removal has been issued; 

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

4 departure agreement that has become invalid 

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

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

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

8 (2) REQUIREMENT TO PROVIDE AND USE IN9 FORMATION.—The information described in para10 graph (1) shall be provided to the National Crime 

11 Information Center, and the Center shall enter the 

12 information into the Immigration Violators File of 

13 the National Crime Information Center database if 

14 the name and date of birth are available for the indi15 vidual, regardless of whether the alien received no16 tice of a final order of removal or the alien has al17 ready been removed. 

18 (3) REMOVAL OF INFORMATION.—Should an in19 dividual be granted cancellation of removal under 

20 section 240A of the Immigration and Nationality 

21 Act (8 U.S.C. 1229b), or granted permission to le22 gally enter the United States pursuant to the Immi23 gration and Nationality Act after a voluntary depar24 ture under section 240B of the Immigration and 

25 Nationality Act (8 U.S.C. 1229c), information enVerDate Aug 31 2005 20:58 Jan 20, 2007 Jkt 059200 PO 00000 Frm 00226 Fmt 6652 Sfmt 6201 E:\BILLS\S330.IS S330

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1 tered into the National Crime Information Center in 

2 accordance with paragraph (1) of this section shall 

3 be promptly removed. 

4 (b) INCLUSION OF INFORMATION IN THE NATIONAL

5 CRIME INFORMATION CENTER DATABASE.—Section 

6 534(a) of title 28, United States Code, is amended— 

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

8 end; 

9 (2) by redesignating paragraph (4) as para10 graph (5); and 

11 (3) by inserting after paragraph (3) the fol12 lowing new paragraph: 

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

14 records of violations of the immigration laws of the 

15 United States, regardless of whether the alien has 

16 received notice of the violation or the alien has al17 ready been removed; and’’. 

18 TITLE VI—BORDER SECURITY 

19 CERTIFICATION 

20 SEC. 601. BORDER SECURITY CERTIFICATION. 

21 Any program authorized by this Act, or by any 

22 amendment made by this Act, which grants legal status 

23 to any individual, or adjusts the current status of any indi24 vidual, who enters or entered the United States in viola25 tion of Federal law shall be effective on the date that the 


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1 Secretary submits a written certification to the President 

2 and Congress that the border security measures author3 ized under title I and the increases in Federal detention 

4 space authorized under section 233 have been fully com5 pleted and are fully operational. 

Æ 


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