II 

110TH CONGRESS 

1ST SESSION S. 1269 

To improve border security in the United States and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2007 

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

to the Committee on the Judiciary 

A BILL 

To improve border security in the United States 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 ‘‘Engaging the Nation to Fight for Our Right to Control 

6 Entry Act’’ or the ‘‘ENFORCE Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM 

Sec. 101. National Border Neighborhood Watch Program. 

Sec. 102. Definitions. 


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Sec. 103. BRAVE Force. 

Sec. 104. Civilian volunteers. 

Sec. 105. Liability of BRAVE Force employees and civilian volunteers. 

Sec. 106. Authorization of appropriations. 

TITLE II—CRIMINAL PENALTIES 

Sec. 201. Forgery of Federal documents. 

Sec. 202. Penalties for aliens unlawfully present in the United States and for 

illegal entry. 

TITLE III—ESTABLISHMENT OF IMMIGRATION AND CUSTOMS 

ENFORCEMENT FIELD OFFICE 

Sec. 301. Findings. 

Sec. 302. Requirement to establish a field office in Tulsa, Oklahoma. 

TITLE IV—IMMIGRATION ENFORCEMENT TRAINING 

Sec. 401. Immigration enforcement training demonstration project. 

Sec. 402. Expansion of program. 

Sec. 403. Authorization of appropriations. 

TITLE V—CITIZENSHIP 

Sec. 501. Short title. 

Sec. 502. Purpose. 

Sec. 503. Citizenship at birth for children of noncitizen, nonpermanent resident 

aliens. 

TITLE VI—GUARANTEEING UNIFORM ENFORCEMENT TO STOP 

TERRORISM 

Subtitle A—Identification Standards 

Sec. 601. Identification standards for Federal benefits. 

Sec. 602. Independent verification of birth records provided in support of applications for social security account numbers. 

Sec. 603. Electronic birth and death registration systems. 

Subtitle B—Reversing Unlawful Immigration 

Sec. 611. Limited duration social security account numbers for nonimmigrants. 

Sec. 612. Mandatory notification of social security account number mismatches 

and multiple uses. 

Sec. 613. No social security credit for work performed while unlawfully present. 

Sec. 614. Reducing individual taxpayer identification number abuse. 

Sec. 615. Limited eligibility for tax credits. 

Sec. 616. Penalties for failure to file correct information returns. 

Sec. 617. Clarification of inherent authority of State and local law enforcement. 

Sec. 618. United States Immigration and Customs Enforcement response to requests for assistance from State and local law enforcement. 

Subtitle C—Technology 

Sec. 621. Construction of fencing and security improvements in border area 

from Pacific Ocean to Gulf of Mexico. 

Sec. 622. Study and report on the use of technology to prevent unlawful immigration. 


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TITLE VII—DAY LABORER CENTERS 

Sec. 701. Use of day laborer centers to secure employment for illegal aliens. 

Sec. 702. Investigation of illegal aliens. 

Sec. 703. Referrals to the IRS. 

Sec. 704. Amendments to Immigration and Nationality Act. 

Sec. 705. Amendment to Personal Responsibility and Work Opportunity Reconciliation Act of 1996. 

TITLE VIII—HIGHER EDUCATION BENEFITS FOR ILLEGAL 

ALIENS 

Sec. 801. Limitation on eligibility. 

TITLE IX—IMMIGRATION LITIGATION PROCEDURES 

Sec. 901. Short title. 

Sec. 902. Appropriate remedies for immigration litigation. 

Sec. 903. Severability. 

Sec. 904. Effective date. 

1 TITLE I—NATIONAL BORDER 

2 NEIGHBORHOOD WATCH PRO3 GRAM 

4 SEC. 101. NATIONAL BORDER NEIGHBORHOOD WATCH PRO5 GRAM. 

6 The Commissioner shall establish a National Border 

7 Neighborhood Watch Program to combat illegal immigra8 tion and shall permit retired law enforcement officers and 

9 civilian volunteers to assist in carrying out the NBNW 

10 Program, as described in this title. 

11 SEC. 102. DEFINITIONS. 

12 In this title: 

13 (1) BRAVE FORCE.—The term ‘‘BRAVE 

14 Force’’ means the Border Regiment Assisting in 

15 Valuable Enforcement Force established pursuant to 

16 section 103. The term ‘‘Commissioner’’ means the 


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1 Commissioner responsible for United States Customs 

2 and Border Protection. 

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

4 means the Department of Homeland Security. 

5 (3) NBNW PROGRAM.—The term ‘‘NBNW 

6 Program’’ means the National Border Neighborhood 

7 Watch Program established pursuant to section 101. 

8 (4) UNITED STATES CUSTOMS AND BORDER

9 PROTECTION.—The term ‘‘United States Customs 

10 and Border Protection’’ means the United States 

11 Customs and Border Protection of the Department. 

12 SEC. 103. BRAVE FORCE. 

13 (a) ESTABLISHMENT.—The Commissioner shall es14 tablish a Border Regiment Assisting in Valuable Enforce15 ment Force to assist the Commissioner in carrying out the 

16 NBNW Program. 

17 (b) COMPOSITION OF BRAVE FORCE.— 

18 (1) IN GENERAL.—The BRAVE force shall be 

19 composed of retired law enforcement officers hired 

20 by the Commissioner. 

21 (2) RETIRED LAW ENFORCEMENT OFFICERS

22 DEFINED.—In this subsection, the term ‘‘retired law 

23 enforcement officer’’ means an individual who— 

24 (A) has retired from employment as a Fed25 eral, State, or local law enforcement officer; and 


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1 (B) has not reached retirement age (as 

2 that term is defined in section 216(l) of the So3 cial Security Act (42 U.S.C. 416(l)). 

4 (c) EFFECT ON PERSONNEL CAPS.—Employees of 

5 the BRAVE Force shall not count against any limit on 

6 the number of employees of United States Customs and 

7 Border Protection or of the Department. 

8 (d) RETIRED ANNUITANTS.—An employee of the 

9 BRAVE Force who was employed by an agency or depart10 ment of the United States prior to employment in the 

11 BRAVE Force shall be considered a rehired annuitant and 

12 shall have no reduction in annuity as a result of employ13 ment in the BRAVE Force. 

14 SEC. 104. CIVILIAN VOLUNTEERS. 

15 (a) IN GENERAL.—The Commissioner shall provide 

16 the opportunity for civilian volunteers to participate in the 

17 NBNW Program under the terms and conditions that the 

18 Commissioner determines are appropriate. 

19 (b) ORGANIZATION.—To the extent possible, not less 

20 than 3 civilian volunteers participating in the NBNW Pro21 gram may report to each employee of BRAVE Force. 

22 (c) DUTIES OF VOLUNTEERS.—A civilian volunteer 

23 who is participating in the NBNW Program shall report 

24 any violation of Federal immigration law to an appropriate 


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1 employee of BRAVE Force as soon as possible after ob2 serving such violation. 

3 (d) REIMBURSEMENT.—The Commissioner shall re4 imburse any civilian volunteer participating in the NBNW 

5 Program for any reasonable expenses incurred by the vol6 unteer related to such participation. 

7 SEC. 105. LIABILITY OF BRAVE FORCE EMPLOYEES AND CI8 VILIAN VOLUNTEERS. 

9 (a) CIVILIANS.—A civilian volunteer participating in 

10 the NBNW Program under this title shall not be entitled 

11 to any immunity from personal liability by virtue of such 

12 volunteer’s participation in the NBNW Program. 

13 (b) EMPLOYEES.—No employee of the BRAVE Force 

14 or of the Department may be held liable for any act of 

15 a civilian volunteer participating in the NBNW Program 

16 under this title. 

17 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as may be necessary to carry out this title. 

20 TITLE II—CRIMINAL PENALTIES 

21 SEC. 201. FORGERY OF FEDERAL DOCUMENTS. 

22 (a) IN GENERAL.—Chapter 25 of title 18, United 

23 States Code, is amended by adding at the end the fol24 lowing: 


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1 ‘‘§ 515. Federal records, documents, and writings, 

2 generally 

3 ‘‘Any person who— 

4 ‘‘(1) falsely makes, alters, forges, or counter5 feits any Federal record, Federal document, Federal 

6 writing, or record, document, or writing character7 izing, or purporting to characterize, official Federal 

8 activity, service, contract, obligation, duty, property, 

9 or chose; 

10 ‘‘(2) utters or publishes as true, or possesses 

11 with intent to utter or publish as true, any record, 

12 document, or writing described in paragraph (1), 

13 knowing, or negligently failing to know, that such 

14 record, document, or writing has not been verified, 

15 has been inconclusively verified, is unable to be 

16 verified, or is false, altered, forged, or counterfeited; 

17 ‘‘(3) transmits to, or presents at any office, or 

18 to any officer, of the United States, any record, doc19 ument, or writing described in paragraph (1), know20 ing, or negligently failing to know, that such record, 

21 document, or writing has not been verified, has been 

22 inconclusively verified, is unable to be verified, or is 

23 false, altered, forged, or counterfeited; 

24 ‘‘(4) attempts, or conspires to commit, any of 

25 the acts described in paragraphs (1) through (3); or 


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1 ‘‘(5) while outside of the United States, engages 

2 in any of the acts described in paragraphs (1) 

3 through (3), 

4 shall be fined under this title, imprisoned not more than 

5 10 years, or both.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 for chapter 25 of title 18, United States Code, is amended 

8 by inserting after the item relating to section 514 the fol9 lowing: 

‘‘515. Federal records, documents, and writings, generally.’’. 

10 SEC. 202. PENALTIES FOR ALIENS UNLAWFULLY PRESENT 

11 IN THE UNITED STATES AND FOR ILLEGAL 

12 ENTRY. 

13 (a) ALIENS UNLAWFULLY PRESENT.— 

14 (1) IN GENERAL.—Title II of the Immigration 

15 and Nationality Act (8 U.S.C. 1151 et seq.) is 

16 amended by inserting after section 275 the fol17 lowing: 

18 ‘‘CRIMINAL PENALTIES AND FORFEITURE FOR

19 UNLAWFUL PRESENCE IN THE UNITED STATES

20 ‘‘SEC. 275A. (a) IN GENERAL.—In addition to any 

21 other penalty, an alien who is present in the United States 

22 in violation of this Act shall be guilty of a felony and shall 

23 be fined under title 18, United States Code, imprisoned 

24 not less than 1 year, or both, and the assets of such an 


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1 alien shall be subject to forfeiture under title 18, United 

2 States Code. 

3 ‘‘(b) DEFENSE.—An alien who is present in the 

4 United States in violation of this Act shall not be subject 

5 to the penalties described in subsection (a), if such period 

6 of unlawful presence began upon the expiration of a period 

7 of the alien’s lawful presence in the United States and 

8 the alien failed to depart the United States at the expira9 tion of the period of lawful presence due to an exceptional 

10 and extremely unusual hardship or physical illness that 

11 prevented the alien from departing the United States.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents of the Immigration and Nationality Act is 

14 amended by inserting after the item relating to sec15 tion 275 the following: 

‘‘Sec. 275A. Criminal penalties and forfeiture for unlawful presence in the 

United States.’’. 

16 (b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL

17 ENTRY.—Section 275(a) of the Immigration and Nation18 ality Act (8 U.S.C. 1325(a)) is amended by striking ‘‘not 

19 more than 6 months,’’ and inserting ‘‘not less than 1 

20 year,’’. 


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1 TITLE III—ESTABLISHMENT OF 

2 IMMIGRATION AND CUSTOMS 

3 ENFORCEMENT FIELD OF4 FICE 

5 SEC. 301. FINDINGS. 

6 Congress makes the following findings: 

7 (1) On July 17, 2002, 18 aliens who were ille8 gally present in the United States, including 3 mi9 nors, were taken into custody by the Tulsa County 

10 Sheriff’s Department. The aliens were later released 

11 by officials of the former Immigration and Natu12 ralization Service. 

13 (2) On August 13, 2002, an immigration task 

14 force meeting convened in Tulsa, Oklahoma, with 

15 the goal of bringing together local law enforcement 

16 and the Immigration and Naturalization Service to 

17 open a dialogue to find effective ways to better en18 force Federal immigration laws in Oklahoma. 

19 (3) On January 22, 2003, 4 new agents were 

20 hired for duty at the Immigration and Naturaliza21 tion Service office in Oklahoma City. 

22 (4) On January 30, 2003, 6 new special agents 

23 were added to the staff of Immigration and Natu24 ralization Service in Oklahoma. 


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1 (5) Officers of the police department of the City 

2 of Catoosa, Oklahoma stopped a truck carrying 18 

3 individuals, including children, in the early morning 

4 hours of September 22, 2004. Only 2 of the individ5 uals produced identification. Officials of United 

6 States Immigration and Customs Enforcement of 

7 the Department of Homeland Security authorized 

8 the release of the 18 individuals, who may have been 

9 present in the United States illegally. Catoosa police 

10 arrested one adult on drug possession charges and 

11 the remaining individuals were released. 

12 (6) Oklahoma has 1 Office of Investigations of 

13 United States Immigration and Customs Enforce14 ment, which is located in Oklahoma City. In 2005, 

15 12 agents of United States Immigration and Cus16 toms Enforcement served the 3,500,000 people re17 siding in Oklahoma. 

18 (7) Highway I–44 and U.S.–75 are major roads 

19 that run through Tulsa, Oklahoma, and are used to 

20 transport illegal aliens to all areas of the United 

21 States. 

22 (8) Seven agents of the Drug Enforcement Ad23 ministration and an estimated 22 agents of the Fed24 eral Bureau of Investigation are assigned to duty 

25 stations in Tulsa, Oklahoma, and there are no 


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1 agents of United States Immigration and Customs 

2 Enforcement who are assigned to a duty station in 

3 Tulsa, Oklahoma. 

4 (9) The establishment of a field office of the 

5 Office of Investigations of United States Immigra6 tion and Customs Enforcement in Tulsa, Oklahoma, 

7 will help enforce Federal immigration laws in east8 ern Oklahoma. 

9 SEC. 302. REQUIREMENT TO ESTABLISH A FIELD OFFICE IN 

10 TULSA, OKLAHOMA. 

11 Not later than 180 days after the date of the enact12 ment of this Act, the Secretary of Homeland Security shall 

13 establish a field office of the Office of Investigations of 

14 United States Immigration and Customs Enforcement in 

15 Tulsa, Oklahoma. 

16 TITLE IV—IMMIGRATION 

17 ENFORCEMENT TRAINING 

18 SEC. 401. IMMIGRATION ENFORCEMENT TRAINING DEM19 ONSTRATION PROJECT. 

20 (a) IN GENERAL.— 

21 (1) AUTHORITY.—The Secretary of Homeland 

22 Security shall provide assistance to the President of 

23 Cameron University, located in Lawton, Oklahoma, 

24 to establish and implement the demonstration 


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1 project described in this title (referred to in this title 

2 as the ‘‘Project’’). 

3 (2) PURPOSE.—The purposes of the Project 

4 shall be to assess the feasibility of establishing a na5 tionwide training curriculum that is provided elec6 tronically through the Internet that covers basic im7 migration law enforcement issues to be used by 

8 State, local, and tribal law enforcement officers in 

9 order to improve and enhance the ability of such of10 ficers, during the routine course of duties, to assist 

11 Federal immigration officers in the enforcement of 

12 immigration laws of the United States. 

13 (b) PROJECT DIRECTOR RESPONSIBILITIES.—The 

14 Project shall be carried out by the Project Director, who 

15 shall, not later than 90 days after the date that assistance 

16 is provided to the President of Cameron University under 

17 subsection (a)(1)— 

18 (1) develop an interactive website that— 

19 (A) provides State, local, and tribal law en20 forcement officers access to the training cur21 riculum described in paragraph (2); 

22 (B) enrolls officers in such curriculum; 

23 (C) records the performance of officers 

24 who complete the curriculum; 


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1 (D) tracks officers’ proficiency in learning 

2 the concepts taught in the curriculum; 

3 (E) ensures a high-level of security; and 

4 (F) encrypts personal and sensitive infor5 mation; 

6 (2) develop a training curriculum that— 

7 (A) is comprised of not more than 4 hours 

8 of training; 

9 (B) is accessible through the website de10 scribed in paragraph (1); 

11 (C) covers the basic principles and prac12 tices of immigration law and the policies that 

13 relate to the enforcement of immigration laws; 

14 (D) includes instruction related to immi15 gration matters including— 

16 (i) employment-based and family17 based immigration; 

18 (ii) the types of nonimmigrant visas 

19 available to aliens; 

20 (iii) the differences between immi21 grant and nonimmigrant status; 

22 (iv) the differences between lawful and 

23 unlawful presence in the United States; 

24 (v) the criminal and civil consequences 

25 of unlawful presence in the United States; 


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1 (vi) the grounds for removal of aliens; 

2 (vii) the types of false identification 

3 commonly used by illegal and criminal 

4 aliens; 

5 (viii) the common methods of smug6 gling aliens into the United States and 

7 groups that commonly participate in alien 

8 smuggling rings; 

9 (ix) the inherent legal authority of 

10 local law enforcement officers to enforce 

11 Federal immigration laws; and 

12 (x) detention and removal procedures 

13 for aliens, including expeditious removal; 

14 (E) is accessible through the website de15 scribed in paragraph (1); and 

16 (F) incorporates content similar to that 

17 covered in the 4-hour training course provided 

18 by the employees of the Immigration and Natu19 ralization Service to Alabama State Troopers 

20 during 2003, and content similar to that in the 

21 training given pursuant to an agreement by the 

22 State under section 287(g) of the Immigration 

23 and Nationality Act (8 U.S.C. 1357(g)), includ24 ing training in identifying fraudulent immigra25 tion documents; and 


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1 (3) assess the feasibility of expanding to State, 

2 local, and tribal law enforcement agencies through3 out the United States the website described in para4 graph (1) and the training curriculum described in 

5 paragraph (2). 

6 (c) DURATION OF THE PROJECT.—Subsection to sec7 tion 402, the Project Director shall carry out the Project 

8 during the 2-year period beginning 90 days after the date 

9 that assistance is provided to the President of Cameron 

10 University under subsection (a)(1). 

11 (d) PARTICIPATION.— 

12 (1) TOTAL PARTICIPATION.—The Project Direc13 tor shall design the Project to provide the training 

14 course described in subsection (b)(2) to a total of 

15 100,000 law enforcement officers. 

16 (2) PARTICIPATION BY STATE.—The Project 

17 Director shall make the training course described in 

18 subsection (b)(2) available to State, local, or tribal 

19 law enforcement officers from— 

20 (A) Alabama; 

21 (B) Colorado; 

22 (C) Florida; 

23 (D) Oklahoma; 

24 (E) Texas; and 


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1 (F) at least 1, but not more than 3, other 

2 States. 

3 (3) SELECTION OF PARTICIPANTS.—The 

4 Project Director shall ensure that participation in 

5 the Project— 

6 (A) is apportioned among the States de7 scribed in paragraph (2) according the popu8 lation of each such State; 

9 (B) is equally apportioned between State, 

10 county, and municipal law enforcement agency 

11 officers; 

12 (C) includes, when practicable, a signifi13 cant number of tribal law enforcement officers; 

14 and 

15 (D) includes law enforcement officers from 

16 urban, rural, and highly rural areas. 

17 (4) RECRUITMENT.—The Project Director shall 

18 begin recruitment of participants for the Project as 

19 soon as possible and shall conduct such recruitment 

20 concurrently with the establishment and implementa21 tion of the training curriculum described in sub22 section (b)(2). 

23 (5) LIMITATION ON PARTICIPATION.—An offi24 cer is ineligible to participate in the demonstration 


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1 project if the officer is employed by a State, local, 

2 or tribal law enforcement agency that— 

3 (A) has in effect a statute, policy, or prac4 tice that prohibits its law enforcement officers 

5 from cooperating with Federal immigration en6 forcement agents; or 

7 (B) is otherwise not in compliance with the 

8 requirements of section 642(a) of the Illegal 

9 Immigration Reform and Immigrant Responsi10 bility Act of 1996 (8 U.S.C. 1373(a)). 

11 (6) ADDITIONAL REQUIREMENTS.—Each law 

12 enforcement officer selected to participate in the 

13 training course described in subsection (b)(2)— 

14 (A) shall undergo standard vetting proce15 dures, similar to the procedures in the Federal 

16 Law Enforcement Training Center Distributed 

17 Learning Program, to ensure that each partici18 pant is a bona fide law enforcement officer; and 

19 (B) shall be granted continuous access, 

20 throughout the 2-year period of the Project, to 

21 the training curriculum and to other training 

22 and reference resources accessible through the 

23 website described in subsection (b)(1). 

24 (e) REPORT.— 


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1 (1) IN GENERAL.—Not later than the date of 

2 expiration of the 2-year period described in sub3 section (c), the Project Director shall submit to the 

4 appropriate congressional committees a report on 

5 the participation of State, local, and tribal law en6 forcement officers in the Project, including an esti7 mate of— 

8 (A) the cost savings realized by offering 

9 training through the training course described 

10 in subsection (b)(2) instead of through the resi11 dential classroom method; 

12 (B) the difference between the number of 

13 law enforcement officers who received training 

14 through such training course and the number of 

15 law enforcement officers who could have re16 ceived training through the residential class17 room method in the same 2-year period; 

18 (C) the effectiveness of such training 

19 course with respect to the performance of offi20 cers who participated in such training course; 

21 (D) the convenience afforded to officers 

22 who participated in such training course as a 

23 result of the officers’ ability to access the 

24 course at their own convenience and to return 


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1 to the website described in subsection (b)(1) for 

2 refresher training and reference; and 

3 (E) the ability of such website to safeguard 

4 the private and personal information of officers 

5 who took such training course while providing 

6 supervisors with appropriate information about 

7 the officers’ performance and course comple8 tion. 

9 (2) APPROPRIATE CONGRESSIONAL COMMIT10 TEES DEFINED.—In this subsection the term ‘‘ap11 propriate congressional committees’’ means the 

12 Committee on the Judiciary and the Committee on 

13 Homeland Security and Governmental Affairs of the 

14 Senate and the Committee on the Judiciary and the 

15 Committee on Homeland Security of the House of 

16 Representatives. 

17 SEC. 402. EXPANSION OF PROGRAM. 

18 (a) IN GENERAL.—After the completion of the 

19 Project, the Secretary of Homeland Security shall— 

20 (1) continue to make the website described in 

21 section 401(b)(1) and the training course described 

22 in section 401(b)(2) available to law enforcement of23 ficers; 


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1 (2) annually enroll up to 100,000 additional 

2 State, local, or tribal law enforcement officers in 

3 such training course; and 

4 (3) consult with Congress regarding the addi5 tion, substitution, or removal of States eligible to 

6 participate in such training course. 

7 (b) LIMITATION ON PARTICIPATION.—A law enforce8 ment officer is ineligible to participate in the expansion 

9 of the Project if the law enforcement officer is employed 

10 by a State, local, or tribal law enforcement agency that— 

11 (1) has in effect a statute, policy, or practice 

12 that prohibits its law enforcement officers from co13 operating with Federal immigration enforcement 

14 agents; or 

15 (2) is otherwise not in compliance with the re16 quirements of section 642(a) of the Illegal Immigra17 tion Reform and Immigrant Responsibility Act of 

18 1996 (8 U.S.C. 1373(a)). 

19 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) FISCAL YEAR 2008.—There are authorized to be 

21 appropriated $3,000,000 to the Secretary of Homeland 

22 Security in fiscal year 2008 to carry out this title. 

23 (b) SUBSEQUENT FISCAL YEARS.—There are author24 ized to be appropriated to the Secretary of Homeland Se25 curity during each fiscal year after fiscal year 2008 such 


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1 sums as may be necessary to continue to operate, promote, 

2 and recruit participants for the Project and the expansion 

3 of the Project described in section 402. 

4 (c) AVAILABILITY OF FUNDS.—Funds appropriated 

5 under this section are authorized to remain available until 

6 expended. 

7 TITLE V—CITIZENSHIP 

8 SEC. 501. SHORT TITLE. 

9 This title may be cited as the ‘‘Citizenship Reform 

10 Act of 2007’’. 

11 SEC. 502. PURPOSE. 

12 The purpose of this title is to clarify that citizenship 

13 at birth is available to a child born in the United States 

14 to a parent who is a citizen of the United States or an 

15 alien lawfully admitted for permanent residence in the 

16 United States. 

17 SEC. 503. CITIZENSHIP AT BIRTH FOR CHILDREN OF NON18 CITIZEN, NONPERMANENT RESIDENT ALIENS. 

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

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

21 (1) by redesignating subsections (a) through (h) 

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

23 (2) by striking ‘‘The following’’ and inserting 

24 ‘‘(a) IN GENERAL.—Except as otherwise provided in 

25 subsection (b), the following’’; and 


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

2 ‘‘(b) CHILDREN BORN TO NATIONALS OF THE

3 UNITED STATES OR TO ALIENS LAWFULLY ADMITTED

4 FOR PERMANENT RESIDENCE IN THE UNITED STATES.— 

5 For the purposes of subsection (a)(1), a person born in 

6 the United States shall be considered to be subject to the 

7 jurisdiction of the United States only if the person was 

8 born in the United States to parents, one of whom is— 

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

10 ‘‘(2) an alien who is lawfully admitted for per11 manent residence and maintains his or her residence 

12 in the United States.’’. 

13 (b) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply only to individuals born on or after 

15 the date of the enactment of this Act. 

16 TITLE VI—GUARANTEEING UNI17 FORM ENFORCEMENT TO 

18 STOP TERRORISM 

19 Subtitle A—Identification 

20 Standards 

21 SEC. 601. IDENTIFICATION STANDARDS FOR FEDERAL BEN22 EFITS. 

23 (a) FEDERAL AGENCIES.—No department, agency, 

24 commission, other entity, or employee of the Federal Gov25 ernment may, for the purpose of establishing identity, acVerDate Aug 31 2005 05:10 May 04, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S1269.IS S1269

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1 cept, recognize, rely on, or authorize the acceptance, rec2 ognition, or reliance on, any document not described in 

3 subsection (c). 

4 (b) STATE AND LOCAL AGENCIES.—No department, 

5 agency, commission, other entity, or employee of a State 

6 or local government charged with providing or approving 

7 applications for public benefits or services funded in whole 

8 or in part with Federal funds may, for the purpose of es9 tablishing identity, accept, recognize, rely on, or authorize 

10 the acceptance, recognition, or reliance on, any document 

11 except those described in subsection (c). 

12 (c) ACCEPTABLE IDENTIFICATION.—Documents ac13 ceptable for the purpose of establishing identity are— 

14 (1) a valid, unexpired United States passport, 

15 immigration document, and other identity document 

16 issued by a Federal authority, excluding an indi17 vidual taxpayer identification number issued by the 

18 Internal Revenue Service; 

19 (2) a valid, unexpired driver’s license or identi20 fication card (as those terms are defined in section 

21 201 of the REAL ID Act of 2005 (division B of 

22 Public Law 109–13; 49 U.S.C. 30301 note)) issued 

23 by a State, if the State— 

24 (A) is in compliance with the minimum 

25 standards for the issuance of a driver’s license 


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1 or identification card set forth in title II of the 

2 REAL ID Act of 2005 (49 U.S.C. 30301 note); 

3 or 

4 (B)(i) statutorily bars issuance of a driv5 er’s license or identification card to an alien 

6 who is unlawfully present in the United States; 

7 and 

8 (ii) requires independent verification with 

9 the issuing agency of records provided by the 

10 applicant in support of the application for a 

11 driver’s license or identification card; and 

12 (3) valid, unexpired foreign passports, if such 

13 passports include, or are accompanied by, proof of 

14 lawful presence in the United States. 

15 SEC. 602. INDEPENDENT VERIFICATION OF BIRTH 

16 RECORDS PROVIDED IN SUPPORT OF APPLI17 CATIONS FOR SOCIAL SECURITY ACCOUNT 

18 NUMBERS. 

19 (a) APPLICATIONS FOR SOCIAL SECURITY ACCOUNT

20 NUMBERS.—Section 205(c)(2)(B)(ii) of the Social Secu21 rity Act (42 U.S.C. 405(c)(2)(B)(ii)) is amended— 

22 (1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(II) With respect to an application for a social secu25 rity account number for an individual, other than for purVerDate Aug 31 2005 05:10 May 04, 2007 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1269.IS S1269

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1 poses of enumeration at birth, the Commissioner of Social 

2 Security shall require independent verification of any birth 

3 record provided by the applicant in support of the applica4 tion from the agency that issued such record.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by 

6 subsection (a) shall take effect on the date that is 180 

7 days after the date of the enactment of this Act. 

8 SEC. 603. ELECTRONIC BIRTH AND DEATH REGISTRATION 

9 SYSTEMS. 

10 (a) ESTABLISHMENT.—The Secretary of Homeland 

11 Security, in consultation with the Secretary of Health and 

12 Human Services and the Commissioner of Social Security, 

13 shall work cooperatively with the States— 

14 (1) to establish a common data set and common 

15 data exchange protocol among the States for elec16 tronic birth registration systems and death registra17 tion systems; 

18 (2) to coordinate requirements for such systems 

19 to align with a national model; 

20 (3) to ensure that fraud prevention is built into 

21 the design of such systems to prevent fraud related 

22 to the collection of vital event data, the issuance of 

23 birth certificates, and the exchange of data among 

24 government agencies; 


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1 (4) to ensure that electronic systems for issuing 

2 birth certificates, in the form of printed abstracts of 

3 birth records or digitized images, employ a common 

4 format for the printing of a certified copy of such 

5 a certificate, so that an authorized person may 

6 quickly confirm the validity of such a certificate; 

7 (5) not later than 5 years after the date of the 

8 enactment of this Act, to establish procedures for 

9 authorized Federal and State agency users to use a 

10 single interface to generate an electronic query to 

11 any participating vital records jurisdiction through12 out the United States to verify the contents of a 

13 paper birth certificate that require each partici14 pating jurisdiction to provide an electronic response 

15 to a request for information regarding an individual 

16 that indicates— 

17 (A) whether the information in a birth 

18 record for such individual in the database of 

19 such jurisdiction is consistent with the informa20 tion contained on the paper birth certificate; 

21 and 

22 (B) whether the information for such indi23 vidual in the database of such jurisdiction indi24 cates that the individual is deceased; 


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1 (6) establish and implement uniform field re2 quirements for State birth registries to be included 

3 in such systems and such requirements may not re4 quire the utilization of biometric identifiers; 

5 (7) not later than 6 months after the date of 

6 the enactment of this Act, submit to Congress a re7 port regarding— 

8 (A) the need for Federal laws to address 

9 penalties for fraud and misuse of vital records; 

10 and 

11 (B) the sufficiency of the enforcement of 

12 such violations; 

13 (8) not later than 1 year after the date of the 

14 enactment of this Act, establish— 

15 (A) in consultation with the Secretary of 

16 Defense, a process to share data with the 

17 States and the Commissioner of Social Security 

18 regarding deaths of United States military per19 sonnel and the births and deaths of the depend20 ents of such personnel; and 

21 (B) in consultation with the Secretary of 

22 State, a process to improve registration, notifi23 cation, and the sharing of data with the States 

24 and the Commissioner of Social Security reVerDate Aug 31 2005 05:10 May 04, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1269.IS S1269

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1 garding births and deaths of United States citi2 zens abroad; and 

3 (9) not later than 3 years after the establish4 ment of the birth and death registration systems 

5 under this section, to require States to record and 

6 retain electronic records of pertinent identification 

7 information collected from requesters who are not 

8 the registrants. 

9 (b) GRANTS TO STATES.—The Secretary of Home10 land Security may award grants to States to assist the 

11 States in participating in the systems referred to in this 

12 section. 

13 (c) AUTHORITY.—All authority to issue regulations, 

14 certify standards, and issue grants under this section shall 

15 be carried out by the Secretary of Homeland Security, 

16 with the concurrence of the Secretary of Health and 

17 Human Services and in consultation with State vital sta18 tistics offices and appropriate Federal agencies. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated to the Secretary of 

21 Homeland Security for each of the fiscal years 2008 

22 through 2010 such sums as may be necessary to carry 

23 out this section. 


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1 Subtitle B—Reversing Unlawful 

2 Immigration 

3 SEC. 611. LIMITED DURATION SOCIAL SECURITY ACCOUNT 

4 NUMBERS FOR NONIMMIGRANTS. 

5 (a) TIMING OF ISSUANCE TO ALIENS.—Section 

6 205(c)(2)(B)(i)(I) of the Social Security Act (42 U.S.C. 

7 405(c)(2)(B)(i)(I)) is amended to read as follows: 

8 ‘‘(I) to aliens at the time of their lawful admis9 sion to the United States for, or adjustment of sta10 tus to— 

11 ‘‘(aa) permanent residence; or 

12 ‘‘(bb) temporary or other short-term resi13 dence in a category that permits them to en14 gage in employment in the United States, ex15 cept that such aliens shall be issued the social 

16 security cards described in the second sentence 

17 of subparagraph (G);’’. 

18 (b) TEMPORARY SOCIAL SECURITY CARDS FOR NON19 IMMIGRANTS.—Section 205(c)(2)(G) of the Social Secu20 rity Act (42 U.S.C. 405(c)(2)(G)) is amended— 

21 (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and 

22 (2) by striking ‘‘The social security card’’ and 

23 inserting the following: 

24 ‘‘(ii) A social security card issued to an alien 

25 who is not a lawful permanent resident, but who is 


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1 authorized to engage in employment in the United 

2 States, shall bear on its face an expiration date that 

3 coincides with the expiration of the alien’s permis4 sion to be employed in the United States. The social 

5 security account number on such card shall not be 

6 valid to prove work authorization, either through the 

7 Employment Authorization Status Instant Check or 

8 otherwise, following the expiration of the card. 

9 ‘‘(iii) The social security card’’. 

10 SEC. 612. MANDATORY NOTIFICATION OF SOCIAL SECURITY 

11 ACCOUNT NUMBER MISMATCHES AND MUL12 TIPLE USES. 

13 (a) NOTIFICATION OF MISMATCHED NAME AND SO14 CIAL SECURITY ACCOUNT NUMBER.— 

15 (1) EMPLOYER NOTIFICATION.—Not less fre16 quently than once each year, the Commissioner of 

17 Social Security shall provide a notification to each 

18 United States employer with 1 or more employees 

19 whom the Commissioner has determined to have a 

20 social security account number that does not match 

21 the name or date of birth of each such employee in 

22 the Commissioner’s records. 

23 (2) EMPLOYEE NOTIFICATION.—The notifica24 tion under paragraph (1) shall— 


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1 (A) instruct an employer to inform an em2 ployee described in paragraph (1) that if the 

3 employee fails to correct the information related 

4 to the employee’s social security account num5 ber with the Commissioner within a period of 

6 10 business days, the employer will be required 

7 to terminate the employment of such employee; 

8 and 

9 (B) prohibit the employer from termi10 nating such employment prior to the conclusion 

11 of such 10-day period, unless the employee ad12 mits that the employee fraudulently obtained a 

13 social security account number. 

14 (b) NOTIFICATION OF MULTIPLE USES OF INDI15 VIDUAL SOCIAL SECURITY ACCOUNT NUMBERS.— 

16 (1) IN GENERAL.—The Commissioner of Social 

17 Security may not credit any individual with concur18 rent earnings from more than 1 employer before no19 tifying the individual that earnings from 2 or more 

20 employers are being reported under the individual’s 

21 social security account number. 

22 (2) CONTENTS OF NOTICE.—Notice under para23 graph (1) shall— 

24 (A) include the name and location of each 

25 employer; 


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1 (B) direct the individual to— 

2 (i) contact the Commissioner of Social 

3 Security to present proof that the indi4 vidual is the person to whom the social se5 curity account number was issued; and 

6 (ii) if applicable, present a pay stub or 

7 other documentation showing that such in8 dividual is employed by all employers re9 porting earnings to that social security ac10 count number. 

11 SEC. 613. NO SOCIAL SECURITY CREDIT FOR WORK PER12 FORMED WHILE UNLAWFULLY PRESENT. 

13 Title II of the Social Security Act (42 U.S.C. 401 

14 et seq.) is amended— 

15 (1) in section 214(c)(1), by striking ‘‘at the 

16 time of assignment, or at any later time’’ and insert17 ing ‘‘at the time any such quarters of coverage are 

18 earned’’; and 

19 (2) in section 223(a)(1)(C)(i), by striking ‘‘at 

20 the time of assignment, or at any later time’’ and 

21 inserting ‘‘at the time any quarters of coverage are 

22 earned’’. 


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1 SEC. 614. REDUCING INDIVIDUAL TAXPAYER IDENTIFICA2 TION NUMBER ABUSE. 

3 (a) MODIFIED FORMAT AND LAWFUL PRESENCE RE4 QUIREMENT.— 

5 (1) IN GENERAL.—Section 6109(c) of the Inter6 nal Revenue Code of 1986 is amended to read as fol7 lows: 

8 ‘‘(c) REQUIREMENT OF INFORMATION.— 

9 ‘‘(1) IN GENERAL.—For purposes of this sec10 tion, the Secretary is authorized to require from any 

11 person such information as may be necessary to as12 sign an identifying number. 

13 ‘‘(2) SEPARATE FROM SOCIAL SECURITY AC14 COUNT NUMBERS.—Any identifying number assigned 

15 by the Secretary shall be comprised of a sequence of 

16 numerals and dashes that is visually distinguishable 

17 from, and will not be mistaken for, a social security 

18 account number. 

19 ‘‘(3) VERIFICATION OF STATUS FOR ALIENS.— 

20 Prior to issuing any identifying number, the Sec21 retary shall verify with the Secretary of Homeland 

22 Security that the applicant for such number is law23 fully present in the United States.’’. 

24 (2) EFFECTIVE DATE.—Section 6109(c)(2) of 

25 the Internal Revenue Code of 1986, as added by 


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1 paragraph (1), shall take effect on the date that is 

2 30 days after the date of the enactment of this Act. 

3 (b) INFORMATION SHARING.— 

4 (1) IN GENERAL.—Section 6103(i)(3) of the In5 ternal Revenue Code of 1986 is amended by adding 

6 at the end the following: 

7 ‘‘(D) POSSIBLE VIOLATIONS OF FEDERAL

8 IMMIGRATION LAW.—The Secretary shall dis9 close, in electronic format to the Secretary of 

10 Homeland Security, the taxpayer identity of 

11 each taxpayer who has been assigned an indi12 vidual taxpayer identification number. The Sec13 retary of Homeland Security may disclose such 

14 information to officers and employees of the 

15 Department to the extent necessary to enforce 

16 Federal immigration laws.’’. 

17 (2) EFFECTIVE DATE.—The Secretary of the 

18 Treasury shall disclose information under the 

19 amendment made by paragraph (1) not later than 

20 60 days after the date of the enactment of this Act. 

21 SEC. 615. LIMITED ELIGIBILITY FOR TAX CREDITS. 

22 Notwithstanding any other provision of law, an indi23 vidual who submits to the Internal Revenue Service an in24 come tax return that relies on an individual taxpayer iden25 tification number in lieu of a social security account numVerDate Aug 31 2005 05:10 May 04, 2007 Jkt 059200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1269.IS S1269

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1 ber shall not be eligible for any tax credit, including the 

2 earned income tax credit under section 32 of the Internal 

3 Revenue Code of 1986. 

4 SEC. 616. PENALTIES FOR FAILURE TO FILE CORRECT IN5 FORMATION RETURNS. 

6 (a) PENALTIES FOR EGREGIOUS NONCOMPLIANCE

7 OF EMPLOYERS.—Section 6721 of the Internal Revenue 

8 Code of 1986 is amended— 

9 (1) by striking subsections (b), (c), and (d); 

10 (2) by redesignating subsection (e) as sub11 section (b); and 

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

13 ‘‘(c) PENALTY FOR EGREGIOUS NONCOMPLIANCE OF

14 EMPLOYERS.—The Secretary shall assess the maximum 

15 allowable penalties from each employer— 

16 ‘‘(1) designated in any taxable year by the So17 cial Security Administration as 1 of the most egre18 gious noncompliant employers; and 

19 ‘‘(2) whose noncompliance was either willful or 

20 resulted from gross negligence.’’. 

21 (b) STANDARD COMPLIANCE PROGRAM.— 

22 (1) IN GENERAL.—Not later than 60 days after 

23 the date of the enactment of this Act, the Secretary 

24 of the Treasury, in consultation with the Commis25 sioner of Social Security and the Secretary of HomeVerDate Aug 31 2005 05:10 May 04, 2007 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1269.IS S1269

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1 land Security, shall implement a regularly scheduled 

2 program for proposing, assessing, and collecting pen3 alties from persons who include incorrect informa4 tion in tax returns filed under the Internal Revenue 

5 Code of 1986, if such information was included ei6 ther willfully or through gross negligence. 

7 (2) REPORT.—Not later than 180 days after 

8 the date of the enactment of this Act, the Secretary 

9 of the Treasury shall submit to Congress a report on 

10 the results of the program required under paragraph 

11 (1), including— 

12 (A) the total number of filers who sub13 mitted incorrect information returns; 

14 (B) the number of incorrect information 

15 returns submitted by such filers; 

16 (C) the total amount of penalties proposed, 

17 assessed, and collected through the program; 

18 and 

19 (D) the number of waivers granted to filers 

20 of incorrect information returns. 

21 SEC. 617. CLARIFICATION OF INHERENT AUTHORITY OF 

22 STATE AND LOCAL LAW ENFORCEMENT. 

23 Notwithstanding any other provision of law and re24 affirming the existing inherent authority of States, law en25 forcement personnel of a State or a political subdivision 


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•S 1269 IS

1 of a State have the inherent authority of a sovereign entity 

2 to apprehend, arrest, detain, or transfer to Federal cus3 tody aliens in the United States, including the transpor4 tation of such aliens across State lines to detention cen5 ters, in the enforcement of the immigration laws of the 

6 United States. 

7 SEC. 618. UNITED STATES IMMIGRATION AND CUSTOMS EN8 FORCEMENT RESPONSE TO REQUESTS FOR 

9 ASSISTANCE FROM STATE AND LOCAL LAW 

10 ENFORCEMENT. 

11 (a) IN GENERAL.—Title II of the Immigration and 

12 Nationality Act (8 U.S.C. 1151 et seq.) is amended by 

13 inserting after section 240C the following: 

14 ‘‘CUSTODY OF ILLEGAL ALIENS

15 ‘‘SEC. 240D. (a) TRANSFER OF CUSTODY TO THE

16 FEDERAL GOVERNMENT.—If the chief executive officer of 

17 a State or, if appropriate, a political subdivision of a State, 

18 exercising authority with respect to the apprehension of 

19 an illegal alien submits a request to the Secretary of 

20 Homeland Security that the alien be taken into Federal 

21 custody, the Secretary of Homeland Security— 

22 ‘‘(1) shall— 

23 ‘‘(A) not later than 48 hours after the con24 clusion of the State charging process or dis25 missal process, or if no State charging or dis26 missal process is required, not later than 48 


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1 hours after the illegal alien is apprehended, 

2 take the illegal alien into the custody of the 

3 Federal Government and incarcerate the alien; 

4 or 

5 ‘‘(B) request that the relevant State or 

6 local law enforcement agency temporarily incar7 cerate or transport the illegal alien for transfer 

8 to Federal custody; and 

9 ‘‘(2) shall designate a Federal, State, or local 

10 prison or jail or a private contracted prison or deten11 tion facility within each State as the central facility 

12 for that State to transfer custody of criminal or ille13 gal aliens to the Department of Homeland Security. 

14 ‘‘(b) REIMBURSEMENT OF STATES.— 

15 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

16 Security shall reimburse States, units of local gov17 ernment, and any private contractors for all reason18 able expenses, as determined by the Secretary, in19 curred in the incarceration and transportation of an 

20 illegal alien as described in subsection (a)(1). 

21 ‘‘(2) AMOUNT OF REIMBURSEMENT.—Com22 pensation provided for costs incurred under sub23 section (a)(1) shall be equal to the sum of— 

24 ‘‘(A) the average cost of incarceration of a 

25 prisoner in the relevant State, as determined by 


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1 the chief executive officer of a State or, as ap2 propriate, a political subdivision of the State; 

3 and 

4 ‘‘(B) the cost of transporting the criminal 

5 or illegal alien from the point of apprehension, 

6 to the place of detention, and to the custody 

7 transfer point if the place of detention and 

8 place of custody are different. 

9 ‘‘(c) DETENTION FACILITY SECURITY.—The Sec10 retary of Homeland Security shall ensure that illegal 

11 aliens incarcerated in facilities pursuant to this section are 

12 held in facilities that provide an appropriate level of secu13 rity. 

14 ‘‘(d) MANAGEMENT OF TRANSFERS.— 

15 ‘‘(1) IN GENERAL.—In carrying out this sec16 tion, the Secretary of Homeland Security may estab17 lish a regular circuit and schedule for the prompt 

18 transfer of apprehended illegal aliens from the cus19 tody of States, political subdivisions of States, and 

20 private contractors to Federal custody. 

21 ‘‘(2) CONTRACTS WITH STATE AND LOCAL LAW

22 ENFORCEMENT.—The Secretary of Homeland Secu23 rity may enter into contracts with appropriate State 

24 and local law enforcement and detention officials to 

25 implement this section. 


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1 ‘‘(e) ILLEGAL ALIEN DEFINED.—For purposes of 

2 this section, the term ‘illegal alien’ means an alien— 

3 ‘‘(1) who entered the United States without in4 spection or at any time or place other than that des5 ignated by the Secretary of Homeland Security; 

6 ‘‘(2) who was admitted as a nonimmigrant, or 

7 whose status was adjusted to that of a non8 immigrant under section 248, and who, at the time 

9 the alien was taken into custody by the State or a 

10 political subdivision of the State, had failed to— 

11 ‘‘(A) maintain such nonimmigrant status; 

12 or 

13 ‘‘(B) comply with the conditions of such 

14 nonimmigrant status; 

15 ‘‘(3) who was admitted as an immigrant and 

16 has subsequently failed to comply with the require17 ments of such immigrant status; or 

18 ‘‘(4) who failed to depart the United States 

19 under a voluntary departure agreement or under a 

20 final order of removal.’’. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $500,000,000 for fiscal 

23 year 2008 and each subsequent fiscal year for the deten24 tion and removal of aliens not lawfully present in the 


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1 United States under the Immigration and Nationality Act 

2 (8 U.S.C. 1101 et seq.). 

3 Subtitle C—Technology 

4 SEC. 621. CONSTRUCTION OF FENCING AND SECURITY IM5 PROVEMENTS IN BORDER AREA FROM PA6 CIFIC OCEAN TO GULF OF MEXICO. 

7 Section 102(b) of the Illegal Immigration Reform and 

8 Immigrant Responsibility Act of 1996 (division C of Pub9 lic Law 104–208; 8 U.S.C. 1103 note) is amended— 

10 (1) by amending paragraph (1) to read as fol11 lows: 

12 ‘‘(1) SECURITY FEATURES.— 

13 ‘‘(A) REINFORCED FENCING.— 

14 ‘‘(i) IN GENERAL.—In carrying out 

15 subsection (a), the Secretary of Homeland 

16 Security shall provide for— 

17 ‘‘(I) the construction, along the 

18 southern international land border of 

19 the United States, starting at the Pa20 cific Ocean and extending eastward to 

21 the Gulf of Mexico, of at least 2 lay22 ers of reinforced fencing; and 

23 ‘‘(II) the installation of such ad24 ditional physical barriers, roads, light25 ing, and sensors along such border as 


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1 may be necessary to eliminate illegal 

2 crossings along such border, includ3 ing— 

4 ‘‘(aa) 2 coils of barbed wire; 

5 ‘‘(bb) 2 tall, sturdy wire 

6 fences, with sensors to warn of 

7 any incursion; 

8 ‘‘(cc) a patrol path for vehi9 cles between the fences described 

10 in item (bb); 

11 ‘‘(dd) a smoothed strip of 

12 sand that runs parallel to the 

13 fences to detect footprints; 

14 ‘‘(ee) 2 ditches to prevent 

15 vehicles from approaching either 

16 fence; 

17 ‘‘(ff) closed circuit television 

18 cameras; and 

19 ‘‘(gg) motion detectors. 

20 ‘‘(ii) PRIORITY AREAS.—With respect 

21 to the border described in clause (i), the 

22 Secretary shall ensure that initial fence 

23 construction occurs in high traffic and 

24 smuggling areas along such border. 


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1 ‘‘(iii) CONSULTATION.—Before install2 ing any fencing or other physical barriers, 

3 roads, lighting, or sensors under clause (i) 

4 on land transferred by the Secretary of 

5 Defense under subparagraph (B), the Sec6 retary shall consult with the Secretary of 

7 Defense for purposes of mitigating or lim8 iting the impact of the fencing, barriers, 

9 roads, lighting, and sensors on military 

10 training and operations. 

11 ‘‘(B) BORDER ZONE CREATION AND ACQUI12 SITION.— 

13 ‘‘(i) IN GENERAL.—In carrying out 

14 subsection (a), the Secretary of Homeland 

15 Security shall create and control a border 

16 zone, along the international land border 

17 described in subparagraph (A)(i)(I), sub18 ject to the following conditions: 

19 ‘‘(I) SIZE.—The border zone 

20 shall consist of the United States land 

21 area within 100 yards of the inter22 national land border described in sub23 paragraph (A)(i)(I), except that with 

24 respect to areas of the border zone 

25 that are contained within an orgaVerDate Aug 31 2005 05:10 May 04, 2007 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S1269.IS S1269

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1 nized subdivision of a State or local 

2 government, the Secretary may adjust 

3 the area included in the border zone 

4 to accommodate existing public and 

5 private structures. 

6 ‘‘(II) TREATMENT OF FEDERAL

7 LAND.—Not later than 30 days after 

8 the date of the enactment of the 

9 Southwest Border Security Act, the 

10 head of each Federal agency having 

11 jurisdiction over Federal land included 

12 in the border zone shall transfer such 

13 land, without reimbursement, to the 

14 administrative jurisdiction of the Sec15 retary of Homeland Security. 

16 ‘‘(III) TREATMENT OF INDIAN

17 LANDS.—With respect to Indian lands 

18 included within the border zone, the 

19 Secretary shall obtain, through agree20 ment, donation, purchase, or con21 demnation, the rights, titles, or inter22 ests in such real property that are 

23 sufficient to provide for the construc24 tion of the security features described 

25 in subparagraph (A)(i) and access to 


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•S 1269 IS

1 the border zone as may be necessary 

2 to deter illegal crossings into the 

3 United States. In this subclause, the 

4 terms ‘Indian lands’ and ‘Indian tribe’ 

5 shall have the meaning given such 

6 terms in section 2103 of the Revised 

7 Statutes (25 U.S.C. 81). 

8 ‘‘(ii) PROPERTY REVIEW AND ACQUISI9 TION.— 

10 ‘‘(I) PROPERTY REVIEW.—The 

11 Secretary shall conduct a comprehen12 sive review and value assessment of all 

13 property in the border zone owned by 

14 private parties, States, and local gov15 ernments. 

16 ‘‘(II) COMPLETION OF RE17 VIEW.—The Secretary shall complete 

18 the review required by subclause (I)— 

19 ‘‘(aa) not later than 180 

20 days after the date of the enact21 ment of the Southwest Border 

22 Security Act, in the case of pri23 ority areas identified by subpara24 graph (A)(ii); and 


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1 ‘‘(bb) not later than 360 

2 days after the date of the enact3 ment of the Southwest Border 

4 Security Act in the case of other 

5 land in the border zone. 

6 ‘‘(III) ACQUISITION.—As soon as 

7 practicable after the date of the enact8 ment of the Southwest Border Secu9 rity Act, the Secretary shall com10 mence proceedings for the acquisition 

11 of the rights, titles, or interest in such 

12 real property covered by the review 

13 described in subclause (I) in accord14 ance with section 103(b) of the Immi15 gration and Nationality Act (8 U.S.C. 

16 1103(b)), and that are sufficient to 

17 provide for the construction of the se18 curity features described in subpara19 graph (A)(i) and access to the border 

20 zone as may be necessary to deter ille21 gal crossings into the United States. 

22 ‘‘(iii) OTHER USES.—The Secretary 

23 may authorize the use of land included in 

24 the border zone for other purposes so long 

25 as such use does not impede the operation 


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•S 1269 IS

1 or effectiveness of the security features in2 stalled under subparagraph (A)(i) or the 

3 ability of the Secretary to carry out sub4 section (a).’’; and 

5 (2) by striking ‘‘Attorney General’’ and insert6 ing ‘‘Secretary of Homeland Security’’ each place it 

7 appears. 

8 SEC. 622. STUDY AND REPORT ON THE USE OF TECH9 NOLOGY TO PREVENT UNLAWFUL IMMIGRA10 TION. 

11 (a) STUDY.—The Secretary of Homeland Security 

12 shall conduct a study of available technology, including 

13 radar animal detection systems, that could be utilized to 

14 increase the security of the international borders of the 

15 United States and to permit law enforcement officials to 

16 detect and prevent illegal immigration. 

17 (b) REPORT.—Not later than 6 months after the date 

18 of the enactment of this Act, the Secretary of Homeland 

19 Security shall submit to Congress a report on the study 

20 carried out under subsection (a). The report shall include 

21 the recommendations of the Secretary related to the effi22 cacy of the technologies studied. 


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1 TITLE VII—DAY LABORER 

2 CENTERS 

3 SEC. 701. USE OF DAY LABORER CENTERS TO SECURE EM4 PLOYMENT FOR ILLEGAL ALIENS. 

5 It shall be unlawful for any person to operate a day 

6 laborer center if the person knows, or reasonably should 

7 know, that the center is being used to secure employment 

8 for aliens who are not authorized to work in the United 

9 States. 

10 SEC. 702. INVESTIGATION OF ILLEGAL ALIENS. 

11 If any employee of the Department of Homeland Se12 curity is notified of the presence, at a specific location, 

13 of more than one alien who may be in the United States 

14 in violation of any provision of the Immigration and Na15 tionality Act (8 U.S.C. 1101 et seq.)— 

16 (1) the employee shall notify the appropriate in17 vestigative authority of the Department; and 

18 (2) such authority shall investigate the violation 

19 and enforce, to the fullest extent possible, all appli20 cable immigration, employment, tax, and other laws 

21 against employers, illegal workers, and day labor 

22 center operators and managers. 

23 SEC. 703. REFERRALS TO THE IRS. 

24 Any investigative authority of the Department of 

25 Homeland Security conducting an investigation under secVerDate Aug 31 2005 05:10 May 04, 2007 Jkt 059200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S1269.IS S1269

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1 tion 702(2) shall provide relevant information obtained 

2 through such investigation to the appropriate investigative 

3 authority of the Internal Revenue Service to further inves4 tigate all tax evasion violations by employers or illegal 

5 workers using the day laborer center for a hiring arrange6 ment. 

7 SEC. 704. AMENDMENTS TO IMMIGRATION AND NATION8 ALITY ACT. 

9 Section 274A of the Immigration and Nationality Act 

10 (8 U.S.C. 1324a) is amended— 

11 (1) in subsection (a)(1)— 

12 (A) by amending subparagraph (A) to read 

13 as follows: 

14 ‘‘(A)(i) to hire, recruit, or refer an alien 

15 for employment in the United States, knowing 

16 or having reason to know that the alien is an 

17 unauthorized alien (as defined in subsection 

18 (h)(3)) with respect to such employment; or 

19 ‘‘(ii) to provide services intended to assist 

20 an alien in obtaining employment in the United 

21 States, knowing or having reason to know that 

22 the alien is an unauthorized alien; or’’; 

23 (B) in subparagraph (B)— 


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1 (i) by striking ‘‘subsection (b) or’’ and 

2 all that follows and inserting ‘‘subsection 

3 (b); or’’; and 

4 (ii) by inserting at the end the fol5 lowing: 

6 ‘‘(ii) if the person or entity is an agricul7 tural association, agricultural employer, farm 

8 labor contractor (as defined in section 3 of the 

9 Migrant and Seasonal Agricultural Worker Pro10 tection Act (29 U.S.C. 1802)), or an entity pro11 viding employment services, to hire, recruit, or 

12 refer an individual for employment in the 

13 United States in violation of the requirements 

14 of subsection (b).’’; 

15 (2) in subsection (b)(3)(A) by striking ‘‘for a 

16 fee’’; 

17 (3) in subsection (e)(4)(B)(i), by striking ‘‘for 

18 a fee’’; and 

19 (4) in subsection (h)(2), by striking ‘‘or recruit 

20 or refer for a fee’’ and inserting ‘‘recruit, or refer’’. 

21 SEC. 705. AMENDMENT TO PERSONAL RESPONSIBILITY 

22 AND WORK OPPORTUNITY RECONCILIATION 

23 ACT OF 1996. 

24 Section 411(c)(1)(B) of the Personal Responsibility 

25 and Work Opportunity Reconciliation Act of 1996 (8 


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1 U.S.C. 1621(c)(1)(B)) is amended by inserting ‘‘employ2 ment services,’’ after ‘‘unemployment benefit,’’. 

3 TITLE VIII—HIGHER EDUCATION 

4 BENEFITS FOR ILLEGAL ALIENS 

5 SEC. 801. LIMITATION ON ELIGIBILITY. 

6 Section 505 of the Illegal Immigration Reform and 

7 Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is 

8 amended— 

9 (1) in subsection (a), by striking ‘‘on the basis 

10 of residence’’ and all that follows and inserting ‘‘for 

11 any postsecondary education benefit unless every cit12 izen or national of the United States is entitled to 

13 such a benefit in an amount, duration, and scope 

14 that is not less than the benefit available to the alien 

15 without regard to whether the citizen or national is 

16 a resident of the State or has attended or graduated 

17 from a school in the State.’’; 

18 (2) by redesignating subsection (b) as sub19 section (c); and 

20 (3) by inserting after subsection (a) the fol21 lowing: 

22 ‘‘(b) PRIVATE CAUSE OF ACTION.— 

23 ‘‘(1) IN GENERAL.—Any citizen or national of 

24 the United States who is attending, or is enrolled in, 

25 a postsecondary educational institution alleged to 


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1 have violated subsection (a) may commence a civil 

2 action in a court of competent jurisdiction, to en3 force the terms of subsection (a), against— 

4 ‘‘(A) any official of the State agency that 

5 governs such postsecondary educational institu6 tions; or 

7 ‘‘(B) the postsecondary educational institu8 tion. 

9 ‘‘(2) FEES AND COSTS.—If an individual de10 scribed in paragraph (1) establishes a violation of 

11 subsection (a) to the satisfaction of the court, the 

12 court shall— 

13 ‘‘(A) provide all appropriate relief to the 

14 individual; and 

15 ‘‘(B) award attorney’s fees and costs to the 

16 individual.’’. 

17 TITLE IX—IMMIGRATION 

18 LITIGATION PROCEDURES 

19 SEC. 901. SHORT TITLE. 

20 This title may be cited as the ‘‘Fairness in Immigra21 tion Litigation Act of 2007’’. 

22 SEC. 902. APPROPRIATE REMEDIES FOR IMMIGRATION 

23 LITIGATION. 

24 (a) LIMITATION ON CIVIL ACTIONS.—No court may 

25 certify an action as a class action under Rule 23 of the 


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1 Federal Rules of Civil Procedure in any civil action filed 

2 after the date of the enactment of this Act pertaining to 

3 the administration or enforcement of the immigration laws 

4 of the United States. 

5 (b) REQUIREMENTS FOR RELIEF.— 

6 (1) PROSPECTIVE RELIEF.— 

7 (A) IN GENERAL.—In the case that a court 

8 determines that prospective relief should be or9 dered against the Government in a civil action 

10 with respect to the administration or enforce11 ment of the immigration laws of the United 

12 States, the court may order such relief only if 

13 the following requirements are met: 

14 (i) The court limits the relief to the 

15 minimum necessary to correct the viola16 tion. 

17 (ii) The relief is the least intrusive 

18 means necessary to correct the violation. 

19 (iii) The court minimizes, to the 

20 greatest practical extent, any adverse im21 pact on national security, border security, 

22 immigration administration and enforce23 ment, and public safety caused by the re24 lief. 


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1 (iv) The court provides for the expira2 tion of the relief on a specific date which 

3 allows for the minimum practical time 

4 needed to remedy the violation. 

5 (B) WRITTEN EXPLANATION REQUIRED

6 WITH COURT ORDER.—Each court order grant7 ing prospective relief shall include in writing an 

8 explanation of how the relief meets each re9 quirement under subparagraph (A). Such expla10 nation must be sufficiently detailed to allow re11 view by another court. 

12 (2) DURATION OF PRELIMINARY INJUNCTIVE

13 RELIEF.—In the case of prospective relief that is 

14 preliminary injunctive relief, such preliminary in15 junctive relief shall automatically expire on the date 

16 that is 90 days after its entry, unless the court de17 termines that the relief meets all legal requirements, 

18 including those under paragraph (1)(A), for the 

19 entry of prospective relief and makes the order for 

20 the prospective relief involved final before expiration 

21 of the 90-day period. 

22 (c) PROCEDURE FOR MOTIONS AFFECTING PRO23 SPECTIVE RELIEF AGAINST THE GOVERNMENT.— 

24 (1) IN GENERAL.—A court shall promptly rule 

25 on any motion by the Government to vacate, modify, 


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1 dissolve, or otherwise terminate an order granting 

2 prospective relief in a civil action with respect to the 

3 administration or enforcement of the immigration 

4 laws of the United States. 

5 (2) AUTOMATIC STAYS.— 

6 (A) IN GENERAL.—A motion described in 

7 paragraph (1), with respect to an order grant8 ing prospective relief in a civil action described 

9 in such paragraph shall automatically, and 

10 without further order of the court, stay the 

11 order granting prospective relief during the pe12 riod beginning on the date that is 15 days after 

13 the date on which such motion is filed and end14 ing on the date on which the court enters a 

15 final order granting or denying the motion. 

16 (B) RULE OF CONSTRUCTION.—A motion 

17 described in paragraph (1) shall not operate as 

18 a stay under subparagraph (A) if the court in19 volved enters a final order ruling on the motion 

20 before the first day of the period described in 

21 subparagraph (A). 

22 (C) TREATMENT OF MOTIONS PENDING

23 FOR NOT MORE THAN 45 DAYS ON DATE OF EN24 ACTMENT.—For purposes of this subsection, a 

25 motion described in paragraph (1) that was 


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1 filed during the 45-day period before the date 

2 of the enactment of this Act and for which the 

3 court has not, as of such date of enactment, en4 tered a final order ruling on the motion shall be 

5 treated as if the motion had been filed on such 

6 date of enactment. 

7 (D) TREATMENT OF MOTIONS PENDING

8 FOR MORE THAN 45 DAYS ON DATE OF ENACT9 MENT.—For purposes of this subsection, a mo10 tion described in paragraph (1) that was filed 

11 more than 45 days before the date of the enact12 ment of this Act and for which, as of the date 

13 that is 10 days after such date of enactment, 

14 the court involved has not entered a final order 

15 granting or denying the motion, shall operate as 

16 an automatic stay of the prospective relief, 

17 without further order of the court. An auto18 matic stay under this subparagraph shall be ef19 fective beginning on such date that is 10 days 

20 after the date of enactment and ending on the 

21 date on which the court involved enters a final 

22 order granting or denying the motion. The ef23 fective date of an automatic stay under this 

24 subparagraph may not be postponed under 

25 paragraph (3). 


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1 (3) POSTPONEMENT OF AUTOMATIC STAYS.— 

2 The court may, for good cause, enter an order to 

3 postpone the effective date of an automatic stay 

4 under paragraph (2). No effective date of an auto5 matic stay under paragraph (2) may be postponed 

6 for more than 15 days. 

7 (4) AUTOMATIC STAYS DURING REMANDS FROM

8 HIGHER COURTS.—Whenever a higher court orders 

9 that a decision on a motion subject to this section 

10 shall be remanded to a lower court, the order grant11 ing prospective relief that is the subject of the mo12 tion shall be automatically stayed until the district 

13 court enters an order granting or denying the mo14 tion. The effective date of an automatic stay under 

15 this subparagraph may not be postponed under 

16 paragraph (3). 

17 (5) ORDERS BLOCKING AUTOMATIC STAYS.— 

18 Any order staying, suspending, delaying, or other19 wise barring the effective date of an automatic stay 

20 under this subsection, other than an order to post21 pone the effective date under paragraph (3), shall be 

22 treated as an order refusing to vacate, modify, dis23 solve, or otherwise terminate an injunction and im24 mediately shall be appealable pursuant to section 

25 1292(a)(1) of title 28, United States Code. 


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1 (6) REQUIREMENTS FOR ORDER DENYING MO2 TION.—Subsection (b) shall apply to an order en3 tered by a court to deny a motion described in para4 graph (1) in the same manner that such subsection 

5 applies to a grant of prospective relief under such 

6 subsection. 

7 (d) RULES FOR PROSPECTIVE RELIEF AFFECTING

8 EXPEDITED REMOVAL.— 

9 (1) IN GENERAL.—Notwithstanding any other 

10 provision of law (statutory or nonstatutory), includ11 ing section 2241 of Title 28, United States Code, or 

12 any other habeas provision, and sections 1361 and 

13 1651 of such title, no court has jurisdiction to grant 

14 or continue an order or part of an order granting 

15 prospective relief if the order or part of the order 

16 interferes with, affects, or impacts any determina17 tion pursuant to, or the implementation of, section 

18 235(b)(1) of the Immigration and Nationality Act (8 

19 U.S.C. 1225(b)(1)). 

20 (2) DETERMINATION OF CONTINUING JURISDIC21 TION.—Upon the Government’s filing of a motion to 

22 vacate, modify, dissolve, or otherwise terminate an 

23 order granting prospective relief in a civil action de24 scribed in subsection (b)(1)(A), the court involved 

25 shall promptly determine whether it continues to 


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1 have jurisdiction and shall promptly vacate any 

2 order or part of an order granting prospective relief 

3 that is not within the jurisdiction of the court. 

4 (3) SAFE HARBOR FOR CONTINUING PROSPEC5 TIVE RELIEF TO REMEDY VIOLATION OF CONSTITU6 TIONAL RIGHTS.—Paragraphs (1) and (2) shall not 

7 apply to an order granting prospective relief in a 

8 civil action described in subsection (b)(1)(A) to the 

9 extent that the order was entered before the date of 

10 the enactment of this Act and the prospective relief 

11 is necessary to remedy the violation of a right guar12 anteed by the Constitution of the United States. 

13 (e) SETTLEMENTS.— 

14 (1) CONSENT DECREES.—In any civil action 

15 with respect to the administration or enforcement of 

16 the immigration laws of the United States, the court 

17 involved shall not enter, approve, or continue a con18 sent decree unless the decree complies with the re19 quirements under clauses (i) through (iv) of sub20 paragraph (A) of subsection (b)(1) and includes the 

21 written explanation required under subparagraph 

22 (B) of such subsection. 

23 (2) PRIVATE SETTLEMENT AGREEMENTS.— 

24 Nothing in this subsection shall preclude parties 

25 from entering into a private settlement agreement 


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1 that does not comply with the requirements under 

2 clauses (i) through (iv) of subparagraph (A) of sub3 section (b)(1) or that does not include the written 

4 explanation required under subparagraph (B) of 

5 such subsection. 

6 (f) EXPEDITED PROCEEDINGS.—Each court shall 

7 take measures to advance on the docket and to expedite 

8 the disposition of any civil action described in subsection 

9 (b)(1)(A) or motion described in subsection (c) or (d). 

10 (g) DEFINITIONS.—For purposes of this section: 

11 (1) CONSENT DECREE.—The term ‘‘consent de12 cree’’ means any relief entered by a court that is 

13 based in whole or in part on the consent or acquies14 cence of the parties involved but does not include 

15 private settlements. 

16 (2) GOOD CAUSE.—The term ‘‘good cause’’ 

17 does not include any cause related to discovery or 

18 congestion of the court’s calendar. 

19 (3) GOVERNMENT.—The term ‘‘Government’’ 

20 means the United States, any Federal department or 

21 agency, or any Federal agent or official acting with22 in the scope of official duties. 

23 (4) PERMANENT RELIEF.—The term ‘‘perma24 nent relief’’ means relief issued in connection with a 

25 final decision of a court. 


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1 (5) PRIVATE SETTLEMENT AGREEMENT.—The 

2 term ‘‘private settlement agreement’’ means an 

3 agreement entered into among the parties involved 

4 that is not subject to judicial enforcement other than 

5 the reinstatement of the civil proceedings that the 

6 agreement settled. 

7 (6) PROSPECTIVE RELIEF.—The term ‘‘pro8 spective relief’’ means temporary, preliminary, or 

9 permanent relief other than compensatory monetary 

10 damages. 

11 SEC. 903. SEVERABILITY. 

12 If any provision of this title or the application of such 

13 provision to any person or circumstance is found to be un14 constitutional, the remainder of this title and the applica15 tion of the provisions of such remainder of this title to 

16 any person or circumstance shall not be affected by such 

17 finding. 

18 SEC. 904. EFFECTIVE DATE. 

19 Except as otherwise provided under section 902(a), 

20 the provisions of this title apply to all orders granting pro21 spective relief entered by a court before, on, or after the 

22 date of the enactment of this Act. 

Æ 


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