II 

110TH CONGRESS 

1ST SESSION S. 422 

To authorize any alien who has been issued a valid machine-readable biometric 

border crossing identification card to be temporarily admitted into the 

United States upon successfully completing a background check. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2007 

Mr. CORNYN (for himself and Mrs. HUTCHISON) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

A BILL 

To authorize any alien who has been issued a valid machinereadable biometric border crossing identification card to 

be temporarily admitted into the United States upon 

successfully completing a background check. 

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. 

4 This Act may be cited as the ‘‘Secure Border Cross5 ing Card Entry Act of 2007’’. 


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1 SEC. 2. PERIODS OF ADMISSION. 

2 Section 214(a)(2) of the Immigration and Nationality 

3 Act (8 U.S.C. 1184(a)(2)) is amended by adding at the 

4 end the following: 

5 ‘‘(C)(i) Except as provided under clauses (ii) and 

6 (iii), the initial period of admission to the United States 

7 of an alien who possesses a valid machine-readable biomet8 ric border crossing identification card issued by a consular 

9 officer, has successfully completed required background 

10 checks, and is admitted to the United States as a non11 immigrant under section 101(a)(15)(B) at a port of entry 

12 where such card is processed through a machine reader, 

13 shall be not less than the initial period of admission grant14 ed to any other alien admitted to the United States under 

15 section 101(a)(15)(B). 

16 ‘‘(ii) The Secretary of Homeland Security may pre17 scribe, by regulation, the length of the initial period of 

18 admission described in clause (i), which period shall be— 

19 ‘‘(I) a minimum of 6 months; or 

20 ‘‘(II) the length of time provided for under 

21 clause (iii). 

22 ‘‘(iii) The Secretary may, on a case-by-case basis, 

23 provide for a period of admission that is shorter or longer 

24 than the initial period described in clause (ii)(I) if the Sec25 retary finds good cause for such action. 


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1 ‘‘(iv) An alien who possesses a valid machine-readable 

2 biometric border crossing identification card may not be 

3 admitted to the United States for the period of admission 

4 specified under clause (i) or granted extensions of such 

5 period of admission if— 

6 ‘‘(I) the alien previously violated the terms and 

7 conditions of the alien’s nonimmigrant status; 

8 ‘‘(II) the alien is inadmissible as a non9 immigrant; or 

10 ‘‘(III) the alien’s border crossing card has not 

11 been processed through a machine reader at the 

12 United States port of entry or land border at which 

13 the person seeks admission to the United States.’’. 

14 SEC. 3. RULEMAKING. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of the enactment of this Act, the Secretary shall pro17 mulgate regulations to carry out the amendment made by 

18 section 2. 

19 (b) WAIVER OF APA.—In promulgating regulations 

20 under subsection (a), the Secretary of Homeland Security 

21 may waive any provision of chapter 5 of title 5, United 

22 States Code (commonly known as the ‘‘Administrative 

23 Procedure Act’’) or any other law relating to rulemaking 


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1 if the Secretary determines that compliance with such pro2 vision would impede the timely implementation of this Act. 

Æ 


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