I 

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. 

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 ‘‘No Sanctuary for 

5 Illegals Act’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Illegal entry of aliens who are members of 

4 dangerous gangs, such as MS–13, into the United 

5 States is a direct threat to the security of the United 

6 States. 

7 (2) The continuing rise of illegal immigration 

8 increases the chances that a terrorist will gain entry 

9 into the United States undetected. 

10 (3) The rising cost to taxpayers of the United 

11 States to support housing, health care, education ex12 penses, and criminal justice for illegal aliens has 

13 reached between $11,000,000,000 and 

14 $22,000,000,000 per year. 

15 (4) Any attempt to deal with illegal aliens cur16 rently living in the United States must start with 

17 the United States securing its borders. 

18 SEC. 3. SENSE OF CONGRESS. 

19 It is the sense of Congress that the worsening crisis 

20 of illegal immigration must be solved. 

21 SEC. 4. BORDER SECURITY. 

22 (a) FULL-TIME ACTIVE-DUTY BORDER PATROL

23 AGENTS.—In order to fulfill the requirement under sec24 tion 5202 of the Intelligence Reform and Terrorism Pre25 vention Act of 2004 (Public Law 108–458; 118 Stat. 

26 3734) (relating to an increase in the number of positions 


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

2 Department of Homeland Security), and subject to the 

3 availability of appropriations for such purpose, the Sec4 retary of Homeland Security (in this Act referred to as 

5 the ‘‘Secretary’’) shall— 

6 (1) increase incentives to recruit individuals to 

7 become such agents by offering such individuals re8 payment of higher education loans, not to exceed 

9 $6,000 per year and a maximum of $40,000; and 

10 (2) develop incentives to retain experienced bor11 der patrol agents through the establishment of a re12 tention program. 

13 (b) DEPLOYMENT OF TECHNOLOGY.—In accordance 

14 with section 2(a)(1) of the Secure Fence Act of 2006 

15 (Public Law 109–367; 8 U.S.C. 1701 note), the Secretary 

16 is authorized to deploy newly developed and cutting-edge 

17 technologies to secure the international land and maritime 

18 borders of the United States. 

19 (c) CONSTRUCTION OF BORDER FENCE.—The Sec20 retary shall— 

21 (1) make a priority the construction of the bor22 der fencing required under section 102 of the Illegal 

23 Immigration Reform and Immigrant Responsibility 

24 Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 

25 note); and 


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1 (2) not later than December 31, 2010, submit 

2 to Congress a report on the progress and expected 

3 completion date of such construction. 

4 SEC. 5. MANDATED COLLABORATION TO END SANCTUARY 

5 OF ILLEGAL ALIENS. 

6 If an alien who is unlawfully present in the United 

7 States is arrested for any offense by a State or local law 

8 enforcement agency, the head of such agency shall imme9 diately notify United States Immigration and Customs 

10 Enforcement (in this Act referred to as ‘‘ICE’’) of such 

11 arrest and the identity of such alien. 

12 SEC. 6. EXPEDITED REMOVAL AND CRIMINAL PENALTIES 

13 OF CRIMINAL ALIENS. 

14 (a) ACTION BY ICE; EXPEDITED REMOVAL.—Upon 

15 notification under section 5, the alien arrested under such 

16 section shall be immediately detained by ICE and pre17 sented before an immigration judge (as defined in section 

18 101(b)(4) of the Immigration and Nationality Act (8 

19 U.S.C. 1101(b)(4))). The name and fingerprints of such 

20 alien shall be added to an appropriate watch list main21 tained by the Department of Homeland Security con22 cerning aliens who have been unlawfully present in the 

23 United States, and such immigration judge shall order 

24 such alien immediately removed from the United States 

25 without being released from detention and without further 


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1 hearing or review in the same manner as an alien de2 scribed in section 235(b)(1)(A)(i) of such Act (8 U.S.C. 

3 1225(b)(1)(A)(i)) is subject to immediate removal from 

4 the United States under the provisions of such section. 

5 (b) PERMANENT INELIGIBILITY FOR ADMISSION TO

6 UNITED STATES.—Section 212(a)(9)(C)(i)(I) of the Im7 migration and Nationality Act (8 U.S.C. 

8 1182(a)(9)(C)(i)(I)) is amended by striking ‘‘for an aggre9 gate period of more than 1 year’’ and inserting ‘‘for any 

10 period of time’’. 

11 (c) CRIMINAL PENALTIES FOR SUBSEQUENT UNLAW12 FUL PRESENCE.—An alien who is removed from the 

13 United States under subsection (a) and who is subse14 quently determined to be unlawfully present in the United 

15 States shall be imprisoned for not more than 5 years and 

16 fined in accordance with section 3571 of title 18, United 

17 States Code, and shall be removed from the United States 

18 in accordance with the expedited removal proceedings de19 scribed in such subsection after the completion of such 

20 alien’s term of imprisonment. 

21 SEC. 7. CITIZENSHIP AT BIRTH FOR CERTAIN PERSONS 

22 BORN IN THE UNITED STATES. 

23 (a) IN GENERAL.—Section 301 of the Immigration 

24 and Nationality Act (8 U.S.C. 1401) is amended— 


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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 ‘‘The following’’; 

3 (2) by redesignating subsections (a) through (h) 

4 as paragraphs (1) through (8); and 

5 (3) by adding at the end the following: 

6 ‘‘(b) DEFINITION.—Acknowledging the right of birth7 right citizenship established by section 1 of the 14th 

8 Amendment to the Constitution, a person born in the 

9 United States shall be considered ‘subject to the jurisdic10 tion’ of the United States for purposes of subsection (a)(1) 

11 if the person is born in the United States of parents, one 

12 of whom is— 

13 ‘‘(1) a citizen or national of the United States; 

14 ‘‘(2) an alien lawfully admitted for permanent 

15 residence in the United States whose residence is in 

16 the United States; or 

17 ‘‘(3) an alien performing active service in the 

18 Armed Forces (as defined in section 101 of title 10, 

19 United States Code).’’. 

20 (b) APPLICABILITY.—The amendment made by sub21 section (a)(3) shall not be construed to affect the citizen22 ship or nationality status of any person born before the 

23 date of the enactment of this Act. 


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1 SEC. 8. PROHIBITION ON DISTRIBUTION OF FEDERAL 

2 FUNDS. 

3 (a) IN GENERAL.—No officer or employee of the Fed4 eral Government may provide Federal funds to any State, 

5 or political subdivision of a State, that is determined by 

6 the Secretary to be interfering with efforts to enforce Fed7 eral immigration laws. 

8 (b) TERMINATION OF FUNDING PROHIBITION.—Sub9 section (a) shall cease to be effective with respect to a 

10 State or political subdivision denied funds under such sub11 section when the Secretary certifies that the State or polit12 ical subdivision has entered into an agreement with the 

13 Secretary to cease such interference. 

Æ 


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