II 

108TH CONGRESS 

1ST SESSION S. 1906

To provide for enhanced Federal, State, and local enforcement of the 

immigration laws, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 20, 2003

Mr. SESSIONS (for himself and Mr. MILLER) introduced the following bill; 

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

A BILL

To provide for enhanced Federal, State, and local 

enforcement of the immigration laws, 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. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Enhancement Act of 2003’’. 
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1 TITLE I—ENHANCING FEDERAL, 

2 STATE, AND LOCAL ENFORCE3 MENT OF THE IMMIGRATION 

4 LAWS 

5 SEC. 101. FEDERAL AFFIRMATION OF IMMIGRATION LAW 

6 ENFORCEMENT BY STATES AND POLITICAL 

7 SUBDIVISIONS OF STATES. 

8 Notwithstanding any other provision of law and re9 affirming the existing inherent authority of States, law en10 forcement personnel of a State or a political subdivision 

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

12 to apprehend, arrest, detain, or transfer to Federal cus13 tody aliens in the United States (including the transpor14 tation of such aliens across State lines to detention cen15 ters), in the enforcement of the immigration laws of the 

16 United States. This State authority has never been dis17 placed or preempted by Congress. 

18 SEC. 102. STATE AUTHORIZATION FOR ENFORCEMENT OF 

19 FEDERAL IMMIGRATION LAWS ENCOURAGED. 

20 (a) IN GENERAL.—Effective 2 years after the date 

21 of enactment of this Act, a State (or political subdivision 

22 of a State) that has in effect a statute, policy, or practice 

23 that prohibits law enforcement officers of the State, or of 

24 a political subdivision within the State, from enforcing 

25 Federal immigration laws or from assisting or cooperating 
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1 with Federal immigration law enforcement in the course 

2 of carrying out the officers’ law enforcement duties shall 

3 not receive any of the funds that would otherwise be allo4 cated to the State under section 241(i) of the Immigration 

5 and Nationality Act (8 U.S.C. 1231(i)). 

6 (b) REALLOCATION OF FUNDS.—Any funds that are 

7 not allocated to a State due to the failure of the State 

8 to comply with this section shall be reallocated to States 

9 that comply with this section. 

10 SEC. 103. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UN11 LAWFULLY PRESENT IN THE UNITED STATES. 

12 (a) ALIENS UNLAWFULLY PRESENT.—Title II of the 

13 Immigration and Nationality Act (8 U.S.C. 1151 et seq.) 

14 is amended by adding after section 275 the following: 

15 ‘‘CRIMINAL PENALTIES AND FORFEITURE FOR

16 UNLAWFUL PRESENCE IN THE UNITED STATES

17 ‘‘SEC. 275A. (a) In addition to any other violation, 

18 an alien present in the United States in violation of this 

19 Act shall be guilty of a misdemeanor and shall be fined 

20 under title 18, United States Code, imprisoned not more 

21 than 1 year, or both. The assets of any alien present in 

22 the United States in violation of this Act shall be subject 

23 to forfeiture under title 18, United States Code. 

24 ‘‘(b) It shall be an affirmative defense to a violation 

25 of subsection (a) that the alien overstayed the time allot26 ted under the visa due to an exceptional and extremely 
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1 unusual hardship or physical illness that prevented the 

2 alien from leaving the United States by the required 

3 date.’’. 

4 (b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL

5 ENTRY.—Section 275(a) of the Immigration and Nation6 ality Act (8 U.S.C. 1325(a)) is amended by striking ‘‘6 

7 months,’’ and inserting ‘‘1 year,’’. 

8 (c) PERMISSION TO DEPART VOLUNTARILY.—Sec9 tion 240B of the Immigration and Nationality Act (8 

10 U.S.C. 1229c) is amended—

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

12 that term appears and inserting ‘‘Secretary of 

13 Homeland Security’’; and 

14 (2) in subsection (a)(2)(A), by striking ‘‘120’’ 

15 and inserting ‘‘30’’. 

16 SEC. 104. LISTING OF IMMIGRATION VIOLATORS IN THE NA17 TIONAL CRIME INFORMATION CENTER DATA18 BASE. 

19 (a) PROVISION OF INFORMATION TO THE NCIC.—

20 Not later than 180 days after the date of enactment of 

21 this Act, the Under Secretary for Border and Transpor22 tation Security of the Department of Homeland Security 

23 shall provide the National Crime Information Center of 

24 the Department of Justice with such information as the 

25 Director may have on any and all aliens against whom 
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1 a final order of removal has been issued, any and all aliens 

2 who have signed a voluntary departure agreement, and 

3 any and all aliens who have overstayed their visa. Such 

4 information shall be provided to the National Crime Infor5 mation Center regardless of whether or not the alien re6 ceived notice of a final order of removal and even if the 

7 alien has already been removed. 

8 (b) INCLUSION OF INFORMATION IN THE NCIC 

9 DATABASE.—Section 534(a) of title 28, United States 

10 Code, is amended—

11 (1) in paragraph (3), by striking ‘‘and’’ at the 

12 end; 

13 (2) by redesignating paragraph (4) as para14 graph (5); and 

15 (3) by inserting after paragraph (3) the fol16 lowing: 

17 ‘‘(4) acquire, collect, classify, and preserve 

18 records of violations of the immigration laws of the 

19 United States, regardless of whether or not the alien 

20 has received notice of the violation and even if the 

21 alien has already been removed; and’’. 

22 SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVI23 SION OF INFORMATION ABOUT APPRE24 HENDED ILLEGAL ALIENS. 

25 (a) PROVISION OF INFORMATION.—
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1 (1) IN GENERAL.—In order to receive funds 

2 under the State Criminal Alien Assistance Program 

3 described in section 241(i) of the Immigration and 

4 Nationality Act (8 U.S.C. 1231(i)), States and local5 ities shall provide to the Department of Homeland 

6 Security the information listed in subsection (b) on 

7 each alien apprehended in the jurisdiction of the 

8 State or locality who is believed to be in violation of 

9 an immigration law of the United States. 

10 (2) TIME LIMITATION.—Not later than 10 days 

11 after an alien described in paragraph (1) is appre12 hended, information required to be provided under 

13 paragraph (1) must be provided in such form and in 

14 such manner as the Secretary of Homeland Security 

15 may, by regulation or guideline, require. 

16 (b) INFORMATION REQUIRED.—The information list17 ed in this subsection is as follows: 

18 (1) The alien’s name. 

19 (2) The alien’s address or place of residence. 

20 (3) A physical description of the alien. 

21 (4) The date, time, and location of the encoun22 ter with the alien and reason for stopping, detaining, 

23 apprehending, or arresting the alien. 

24 (5) If applicable, the alien’s driver’s license 

25 number and the State of issuance of such license. 
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1 (6) If applicable, the type of any other identi2 fication document issued to the alien, any designa3 tion number contained on the identification docu4 ment, and the issuing entity for the identification 

5 document. 

6 (7) If applicable, the license plate number, 

7 make, and model of any automobile registered to, or 

8 driven by, the alien. 

9 (8) A photo of the alien, if available or readily 

10 obtainable. 

11 (9) The alien’s fingerprints, if available or read12 ily obtainable. 

13 (c) REIMBURSEMENT.—The Department of Home14 land Security shall reimburse States and localities for all 

15 reasonable costs, as determined by the Secretary of Home16 land Security, incurred by that State or locality as a result 

17 of providing information required by this section. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated such sums as necessary to 

20 carry out this Act. 

21 SEC. 106. INCREASED FEDERAL DETENTION SPACE. 

22 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

23 FACILITIES.—

24 (1) IN GENERAL.—The Secretary of Homeland 

25 Security shall construct or acquire, in addition to ex-
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1 isting facilities for the detention of aliens, 20 deten2 tion facilities in the United States, with 500 beds 

3 per facility, for aliens detained pending removal or 

4 a decision on removal of such alien from the United 

5 States. 

6 (2) ADDITIONAL FACILITIES.—Whenever the 

7 capacity of any detention facility remains within a 1 

8 percent range of full capacity for longer than 1 year, 

9 the Secretary of Homeland Security shall construct 

10 or acquire additional detention facilities beyond the 

11 number authorized in paragraph (1) as are appro12 priate to eliminate that condition. 

13 (3) DETERMINATIONS.—The need for, or loca14 tion of, any detention facility built or acquired in ac15 cordance with this subsection shall be determined by 

16 the detention trustee within the Bureau of Immigra17 tion and Customs Enforcement. 

18 (4) USE OF INSTALLATIONS UNDER BASE CLO19 SURE LAWS.—In acquiring detention facilities under 

20 this subsection, the Secretary of Homeland Security 

21 shall consider the transfer of appropriate portions of 

22 military installations approved for closure or realign23 ment under the Defense Base Closure and Realign24 ment Act of 1990 (part A of title XXIX of Public 
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1 Law 101–510; 10 U.S.C. 2687 note) for use in ac2 cordance with subsection (a)(1). 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated such sums as necessary 

5 to carry out this section. 

6 (c) TECHNICAL AND CONFORMING AMENDMENT.—

7 Section 241(g)(1) of the Immigration and Nationality Act 

8 (8 U.S.C. 1231(g)(1)) shall be amended by striking ‘‘may 

9 expend’’ and inserting ‘‘shall expend’’. 

10 SEC. 107. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE11 HENDED BY STATE OR LOCAL LAW ENFORCE12 MENT. 

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

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

15 adding after section 240C the following: 

16 ‘‘CUSTODY OF ILLEGAL ALIENS

17 ‘‘SEC. 240D. (a) If the chief executive officer of a 

18 State (or, if appropriate, a political subdivision of the 

19 State) exercising authority with respect to the apprehen20 sion of an illegal alien submits a request to the Secretary 

21 of Homeland Security that the alien be taken into Federal 

22 custody, the Secretary of Homeland Security—

23 ‘‘(1) shall—

24 ‘‘(A) not later than 48 hours after the con25 clusion of the State charging process or dis26 missal process, or if no State charging or dis-
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1 missal process is required, not later than 48 

2 hours after the illegal alien is apprehended, 

3 take the illegal alien into the custody of the 

4 Federal Government and incarcerate the alien; 

5 or 

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

7 local law enforcement agency temporarily incar8 cerate or transport the illegal alien for transfer 

9 to Federal custody; and 

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

11 prison or jail or a private contracted prison or deten12 tion facility within each State as the central facility 

13 for that State to transfer custody of the criminal or 

14 illegal aliens to the Department of Homeland Secu15 rity.’’. 

16 ‘‘(b) The Department of Homeland Security shall re17 imburse States and localities for all reasonable expenses, 

18 as determined by the Secretary of Homeland Security, in19 curred by a State or locality in the incarceration and 

20 transportation of an illegal alien as described in subpara21 graphs (A) and (B) of subsection (a)(1). Compensation 

22 provided for costs incurred under subparagraphs (A) and 

23 (B) of subsection (a)(1) shall be the average cost of incar24 ceration of a prisoner in the relevant State, as determined

25 by the chief executive officer of a State (or, as appropriate, 
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1 a political subdivision of the State) plus the cost of trans2 porting the criminal or illegal alien from the point of ap3 prehension, to the place of detention, and to the custody 

4 transfer point if the place of detention and place of cus5 tody are different. 

6 ‘‘(c) The Secretary of Homeland Security shall en7 sure that illegal aliens incarcerated in Federal facilities 

8 pursuant to this subsection are held in facilities which pro9 vide an appropriate level of security. 

10 ‘‘(d)(1) In carrying out this section, the Secretary of 

11 Homeland Security may establish a regular circuit and 

12 schedule for the prompt transfer of apprehended illegal 

13 aliens from the custody of States and political subdivisions 

14 of States to Federal custody. 

15 ‘‘(2) The Secretary of Homeland Security may enter 

16 into contracts with appropriate State and local law en17 forcement and detention officials to implement this sub18 section. 

19 ‘‘(e) For purposes of this section, the term ‘illegal 

20 alien’ means an alien who—

21 ‘‘(1) entered the United States without inspec22 tion or at any time or place other than that des23 ignated by the Secretary of Homeland Security; 

24 ‘‘(2) was admitted as a nonimmigrant and who, 

25 at the time the alien was taken into custody by the 
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1 State or a political subdivision of the State, had 

2 failed to—

3 ‘‘(A) maintain the nonimmigrant status in 

4 which the alien was admitted or to which it was 

5 changed under section 248; or 

6 ‘‘(B) comply with the conditions of any 

7 such status; 

8 ‘‘(3) was admitted as an immigrant and has 

9 subsequently failed to comply with the requirements 

10 of that status; or 

11 ‘‘(4) failed to depart the United States under a 

12 voluntary departure agreement or under a final 

13 order of removal.’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS FOR THE

15 DETENTION AND TRANSPORTATION TO FEDERAL CUS16 TODY OF ALIENS NOT LAWFULLY PRESENT.—There is 

17 authorized to be appropriated $500,000,000 for the deten18 tion and removal of aliens not lawfully present in the 

19 United States under the Immigration and Nationality Act 

20 (8 U.S.C. 1101 et seq.) for fiscal year 2004 and each sub21 sequent fiscal year. 

22 SEC. 108. TRAINING OF STATE AND LOCAL LAW ENFORCE23 MENT PERSONNEL RELATING TO THE EN24 FORCEMENT OF IMMIGRATION LAWS. 

25 (a) TRAINING MANUAL AND POCKET GUIDE.—
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1 (1) ESTABLISHMENT.—Not later than 180 days 

2 after the date of enactment of this Act, the Sec3 retary of Homeland Security shall establish—

4 (A) a training manual for law enforcement 

5 personnel of a State or political subdivision of 

6 a State to train such personnel in the investiga7 tion, identification, apprehension, arrest, deten8 tion, and transfer to Federal custody of aliens 

9 in the United States (including the transpor10 tation of such aliens across State lines to deten11 tion centers and identification of fraudulent 

12 documents); and 

13 (B) an immigration enforcement pocket 

14 guide for law enforcement personnel of a State 

15 or political subdivision of a State to provide a 

16 quick reference for such personnel in the course 

17 of duty. 

18 (2) AVAILABILITY.—The training manual and 

19 pocket guide established in accordance with para20 graph (1) shall be made available to all State and 

21 local law enforcement personnel. 

22 (3) APPLICABILITY.—Nothing in this sub23 section shall be construed to require State or local 

24 law enforcement personnel to carry the training 
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1 manual or pocket guide established in accordance 

2 with paragraph (1) with them while on duty. 

3 (4) COSTS.—The Department of Homeland Se4 curity shall be responsible for any costs incurred in 

5 establishing the training manual and pocket guide 

6 under this subsection. 

7 (b) TRAINING FLEXIBILITY.—

8 (1) IN GENERAL.—The Department of Home9 land Security shall make training of State and local 

10 law enforcement officers available through as many 

11 means as possible, including residential training at 

12 Federal facilities, onsite training held at State or 

13 local police agencies or facilities, online training 

14 courses by computer, teleconferencing, and video15 tape, or the digital video display (DVD) of a train16 ing course or courses. 

17 (2) FEDERAL PERSONNEL TRAINING.—The 

18 training of State and local law enforcement per19 sonnel under this section shall not displace or other20 wise adversely affect the training of Federal per21 sonnel. 

22 (c) ADMINISTRATION FEES.—The Secretary of 

23 Homeland Security may charge a fee for training under 

24 subsection (b) that shall be an amount equal to not more 

25 than half the actual costs of providing such training. 
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1 (d) CLARIFICATION.—Nothing in this Act or any 

2 other provision of law shall be construed as making any 

3 immigration-related training a requirement for, or pre4 requisite to, any State or local law enforcement officer ex5 ercising that officer’s inherent authority to apprehend, ar6 rest, detain, or transfer to Federal custody illegal aliens 

7 during the normal course of carrying out their law enforce8 ment duties. 

9 (e) TRAINING LIMITATION.—Section 287(g) of the 

10 Immigration and Nationality Act (8 U.S.C. 1357(g)) is 

11 amended—

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

13 that term appears and inserting ‘‘Secretary of 

14 Homeland Security’’; and 

15 (2) in paragraph (2), by adding at the end the 

16 following: ‘‘Such training shall not exceed 14 days or 

17 80 hours, whichever is longer.’’. 

18 SEC. 109. IMMUNITY. 

19 (a) PERSONAL IMMUNITY.—Notwithstanding any 

20 other provision of law, a law enforcement officer of a State 

21 or local law enforcement agency shall be immune, to the 

22 same extent as a Federal law enforcement officer, from 

23 personal liability arising out of the enforcement of any im24 migration law, provided the officer is acting within the 

25 scope of the officer’s official duties. 
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1 (b) AGENCY IMMUNITY.—Notwithstanding any other 

2 provision of law, a State or local law enforcement agency 

3 shall be immune from any claim for money damages based 

4 on Federal, State, or local civil rights law for an incident 

5 arising out of the enforcement of any immigration law, 

6 except to the extent that the law enforcement officer of 

7 that agency, whose action the claim involves, committed 

8 a violation of Federal, State, or local criminal law in the 

9 course of enforcing such immigration law. 

10 SEC. 110. PLACES OF DETENTION FOR ALIENS ARRESTED 

11 PENDING EXAMINATION AND DECISION ON 

12 REMOVAL. 

13 (a) IN GENERAL.—Section 241(g) of the Immigra14 tion and Nationality Act (8 U.S.C. 1231(g)) is amended 

15 by adding at the end the following: 

16 ‘‘(3) POLICY ON DETENTION IN STATE AND

17 LOCAL DETENTION FACILITIES.—In carrying out 

18 paragraph (1), the Secretary of Homeland Security 

19 shall ensure that an alien arrested under section 

20 287(a) is detained, pending the alien’s being taken 

21 for the examination described in that section, in a

22 State or local prison, jail, detention center, or other 

23 comparable facility, if—
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1 ‘‘(A) such a facility is the most suitably lo2 cated Federal, State, or local facility available 

3 for such purpose under the circumstances; 

4 ‘‘(B) an appropriate arrangement for such 

5 use of the facility can be made; and 

6 ‘‘(C) such facility satisfies the standards 

7 for the housing, care, and security of persons 

8 held in custody of a United States marshal.’’. 

9 (b) DETENTION FACILITY SUITABILITY.—Notwith10 standing any other provision of law, a facility described 

11 in section 241(g)(3)(C) of the Immigration and Nation12 ality Act, as added by subsection (a), is adequate for de13 tention of persons being held for immigration related vio14 lations. 

15 (c) TECHNICAL AND CONFORMING AMENDMENT.—

16 Section 241 of the Immigration and Nationality Act (8 

17 U.S.C. 1231) is amended by striking ‘‘Attorney General’’ 

18 each place that term appears and inserting ‘‘Secretary of 

19 Homeland Security’’. 

20 SEC. 111. INSTITUTIONAL REMOVAL PROGRAM. 

21 (a) CONTINUATION.—

22 (1) IN GENERAL.—The Department of Home23 land Security shall continue to operate and imple24 ment the program known as the Institutional Re25 moval Program (IRP) which—
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1 (A) identifies removable criminal aliens in 

2 Federal and State correctional facilities; 

3 (B) ensures such aliens are not released 

4 into the community; and 

5 (C) removes such aliens from the United 

6 States after the completion of their sentences. 

7 (2) EXPANSION.—The Institutional Removal 

8 Program shall be extended to all States. Any State 

9 that receives Federal funds for the incarceration of 

10 criminal aliens shall—

11 (A) cooperate with Federal Institutional 

12 Removal Program officials; 

13 (B) expeditiously and systematically iden14 tify criminal aliens in its prison and jail popu15 lations; and 

16 (C) promptly convey such information to 

17 Federal IRP authorities as a condition for re18 ceiving such funds. 

19 (b) AUTHORIZATION FOR DETENTION AFTER COM20 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

21 enforcement officers of a State or political subdivision of 

22 a State have the authority to—

23 (1) hold an illegal alien for a period of up to 

24 14 days after the alien has completed the alien’s 

25 State prison sentence in order to effectuate the 
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1 transfer of the alien to Federal custody when the 

2 alien is removable or not lawfully present in the 

3 United States; or 

4 (2) issue a detainer that would allow aliens who 

5 have served a State prison sentence to be detained 

6 by the State prison until personnel from the Bureau 

7 of Immigration and Customs Enforcement can take 

8 the alien into custody. 

9 (c) TECHNOLOGY USAGE.—Technology such as 

10 videoconferencing shall be used to the maximum extent 

11 possible in order to make the Institutional Removal Pro12 gram (IRP) available in remote locations. Mobile access 

13 to Federal databases of aliens, such as IDENT, and live 

14 scan technology shall be used to the maximum extent prac15 ticable in order to make these resources available to State 

16 and local law enforcement agencies in remote locations. 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out the Institu19 tional Removal Program—

20 (1) $10,000,000 for fiscal year 2004; 

21 (2) $20,000,000 for fiscal year 2005; 

22 (3) $30,000,000 for fiscal year 2006; 

23 (4) $40,000,000 for fiscal year 2007; 

24 (5) $50,000,000 for fiscal year 2008; 

25 (6) $60,000,000 for fiscal year 2009; 
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1 (7) $70,000,000 for fiscal year 2010; and 

2 (8) $80,000,000 for fiscal year 2011. 

3 TITLE II—ENHANCING EN4 FORCEMENT OF THE IMMI5 GRATION AND NATIONALITY 

6 ACT IN THE INTERIOR 

7 THROUGH IMPROVED DOCU8 MENT SECURITY 

9 SEC. 201. DRIVERS LICENSES. 

10 (a) EXPIRATION DATE FOR CERTAIN ALIENS.—

11 (1) IN GENERAL.—Section 656 of the Illegal 

12 Immigration Reform and Immigrant Responsibility 

13 Act of 1996 (5 U.S.C. 301 note) is amended by in14 serting after subsection (a) the following: 

15 ‘‘(b) STATE-ISSUED DRIVER’S LICENSES EXPIRA16 TION DATE.—A Federal agency may not accept for any 

17 identification-related purpose a driver’s license issued by 

18 a State unless, if the driver’s license is issued to an alien 

19 who is in lawful status but who is not an alien lawfully 

20 admitted for permanent residence, the period of validity 

21 of the license expires on the date on which the alien’s au22 thorization to remain in the United States expires.’’. 

23 (2) EFFECTIVE DATE.—The amendment made 

24 by paragraph (1) shall take effect beginning on Oc25 tober 1, 2007, but shall apply only to licenses issued 
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1 to an individual for the first time and to replace2 ment or renewal licenses issued according to State 

3 law. 

4 (b) CONDITION OF FUNDS.—Section 402(b)(1) of 

5 title 23, United States Code, is amended—

6 (1) in subparagraph (C), by striking ‘‘and’’ at 

7 the end; 

8 (2) in subparagraph (D), by striking the period 

9 at the end and inserting ‘‘; and’’; and 

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

11 ‘‘(E) prohibit aliens who are not in lawful 

12 status, as determined under the Immigration 

13 and Nationality Act (8 U.S.C. 1101 et seq.), 

14 from being issued a driver’s license in that 

15 State.’’. 

16 SEC. 202. SECURE AND VERIFIABLE IDENTIFICATION RE17 QUIRED FOR FEDERAL PUBLIC BENEFITS. 

18 (a) IN GENERAL.—In the provision in the United 

19 States of a Federal public benefit or service that requires 

20 the recipient to produce identification, no Federal agency, 

21 commission, or other entity within the executive, legisla22 tive, or judicial branch of the Federal Government may 

23 accept, recognize, or rely on (or authorize the acceptance 

24 or recognition of, or the reliance on) any identification 

25 document, unless—
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1 (1) the document was issued by a United States 

2 Federal or State authority and is subject to 

3 verification by a United States Federal law enforce4 ment, intelligence, or homeland security agency; or 

5 (2) the recipient—

6 (A) is lawfully present in the United 

7 States; 

8 (B) is in possession of a passport; and 

9 (C) is a citizen of a country for which the 

10 visa requirement for entry into the United 

11 States is waived if the alien possesses a pass12 port from such country. 

13 (b) IMMUNITY.—An elected or appointed official, em14 ployee, or other contractor or agent of the Federal Govern15 ment who takes an action inconsistent with subsection (a) 

16 is deemed to be acting beyond the scope of authority 

17 granted by law and shall not be immune from liability for 

18 such action, unless such immunity is conferred by the 

19 Constitution and cannot be waived.

Æ