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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5002 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5002

   To end the cycle of illegal immigration in the United States and 
withdraw Federal funds from States and political subdivisions of States 
    that interfere with the enforcement of Federal immigration law.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2010

Mr. Burton of Indiana introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees on 
Homeland Security and Oversight and Government Reform, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
   To end the cycle of illegal immigration in the United States and 
withdraw Federal funds from States and political subdivisions of States 
    that interfere with the enforcement of Federal immigration law.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Sanctuary for Illegals Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Illegal entry of aliens who are members of dangerous 
        gangs, such as MS-13, into the United States is a direct threat 
        to the security of the United States.
            (2) The continuing rise of illegal immigration increases 
        the chances that a terrorist will gain entry into the United 
        States undetected.
            (3) The rising cost to taxpayers of the United States to 
        support housing, health care, education expenses, and criminal 
        justice for illegal aliens has reached between $11,000,000,000 
        and $22,000,000,000 per year.
            (4) Any attempt to deal with illegal aliens currently 
        living in the United States must start with the United States 
        securing its borders.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the worsening crisis of illegal 
immigration must be solved.

SEC. 4. BORDER SECURITY.

    (a) Full-Time Active-Duty Border Patrol Agents.--In order to 
fulfill the requirement under section 5202 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
3734) (relating to an increase in the number of positions for full-time 
active-duty border patrol agents within the Department of Homeland 
Security), and subject to the availability of appropriations for such 
purpose, the Secretary of Homeland Security (in this Act referred to as 
the ``Secretary'') shall--
            (1) increase incentives to recruit individuals to become 
        such agents by offering such individuals repayment of higher 
        education loans, not to exceed $6,000 per year and a maximum of 
        $40,000; and
            (2) develop incentives to retain experienced border patrol 
        agents through the establishment of a retention program.
    (b) Deployment of Technology.--In accordance with section 2(a)(1) 
of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 
note), the Secretary is authorized to deploy newly developed and 
cutting-edge technologies to secure the international land and maritime 
borders of the United States.
    (c) Construction of Border Fence.--The Secretary shall--
            (1) make a priority the construction of the border fencing 
        required under section 102 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
        U.S.C. 1103 note); and
            (2) not later than December 31, 2010, submit to Congress a 
        report on the progress and expected completion date of such 
        construction.

SEC. 5. MANDATED COLLABORATION TO END SANCTUARY OF ILLEGAL ALIENS.

    If an alien who is unlawfully present in the United States is 
arrested for any offense by a State or local law enforcement agency, 
the head of such agency shall immediately notify United States 
Immigration and Customs Enforcement (in this Act referred to as 
``ICE'') of such arrest and the identity of such alien.

SEC. 6. EXPEDITED REMOVAL AND CRIMINAL PENALTIES OF CRIMINAL ALIENS.

    (a) Action by ICE; Expedited Removal.--Upon notification under 
section 5, the alien arrested under such section shall be immediately 
detained by ICE and presented before an immigration judge (as defined 
in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 
1101(b)(4))). The name and fingerprints of such alien shall be added to 
an appropriate watch list maintained by the Department of Homeland 
Security concerning aliens who have been unlawfully present in the 
United States, and such immigration judge shall order such alien 
immediately removed from the United States without being released from 
detention and without further hearing or review in the same manner as 
an alien described in section 235(b)(1)(A)(i) of such Act (8 U.S.C. 
1225(b)(1)(A)(i)) is subject to immediate removal from the United 
States under the provisions of such section.
    (b) Permanent Ineligibility for Admission to United States.--
Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(C)(i)(I)) is amended by striking ``for an aggregate 
period of more than 1 year'' and inserting ``for any period of time''.
    (c) Criminal Penalties for Subsequent Unlawful Presence.--An alien 
who is removed from the United States under subsection (a) and who is 
subsequently determined to be unlawfully present in the United States 
shall be imprisoned for not more than 5 years and fined in accordance 
with section 3571 of title 18, United States Code, and shall be removed 
from the United States in accordance with the expedited removal 
proceedings described in such subsection after the completion of such 
alien's term of imprisonment.

SEC. 7. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS BORN IN THE UNITED 
              STATES.

    (a) In General.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        following'';
            (2) by redesignating subsections (a) through (h) as 
        paragraphs (1) through (8); and
            (3) by adding at the end the following:
    ``(b) Definition.--Acknowledging the right of birthright 
citizenship established by section 1 of the 14th Amendment to the 
Constitution, a person born in the United States shall be considered 
`subject to the jurisdiction' of the United States for purposes of 
subsection (a)(1) if the person is born in the United States of 
parents, one of whom is--
            ``(1) a citizen or national of the United States;
            ``(2) an alien lawfully admitted for permanent residence in 
        the United States whose residence is in the United States; or
            ``(3) an alien performing active service in the Armed 
        Forces (as defined in section 101 of title 10, United States 
        Code).''.
    (b) Applicability.--The amendment made by subsection (a)(3) shall 
not be construed to affect the citizenship or nationality status of any 
person born before the date of the enactment of this Act.

SEC. 8. PROHIBITION ON DISTRIBUTION OF FEDERAL FUNDS.

    (a) In General.--No officer or employee of the Federal Government 
may provide Federal funds to any State, or political subdivision of a 
State, that is determined by the Secretary to be interfering with 
efforts to enforce Federal immigration laws.
    (b) Termination of Funding Prohibition.--Subsection (a) shall cease 
to be effective with respect to a State or political subdivision denied 
funds under such subsection when the Secretary certifies that the State 
or political subdivision has entered into an agreement with the 
Secretary to cease such interference.
                                 <all>
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