I 

108TH CONGRESS 

2D SESSION H. R. 4440

To amend the Immigration and Nationality Act to render proof of possession 

by an alien of a consular identification card issued by a foreign mission 

prima facie evidence that the alien is deportable, to render inadmissible 

for 10 years any alien who is unlawfully present in the United States 

and presents such a card to satisfy a Federal identification-related requirement, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2004

Mr. GALLEGLY (for himself, Mr. HOSTETTLER, and Mr. SMITH of Texas) introduced the following bill; which was referred to the Committee on the 

Judiciary 

A BILL

To amend the Immigration and Nationality Act to render 

proof of possession by an alien of a consular identification card issued by a foreign mission prima facie evidence 

that the alien is deportable, to render inadmissible for 

10 years any alien who is unlawfully present in the 

United States and presents such a card to satisfy a 

Federal identification-related requirement, 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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Identification Security 

3 Act of 2004’’ . 

4 SEC. 2. SHIFTING OF BURDEN OF PROOF TO ALIEN POS5 SESSING CONSULAR IDENTIFICATION CARD. 

6 (a) IN GENERAL.—Section 240(c)(3) of the Immigra7 tion and Nationality Act (8 U.S.C. 1229a(c)(3)) is amend8 ed by adding at the end the following: 

9 ‘‘(D) POSSESSION OF CONSULAR IDENTI10 FICATION CARD.—

11 ‘‘(i) IN GENERAL.—Notwithstanding 

12 subparagraph (A), clear and convincing 

13 evidence that an alien at any time pos14 sessed a consular identification card while 

15 physically present in the United States 

16 shall be prima facie evidence that the alien 

17 is deportable. In such a case, the alien 

18 shall have the burden of establishing, by 

19 clear and convincing evidence, that the 

20 alien is not deportable on any of the 

21 grounds of deportability with which the 

22 alien is charged. 

23 ‘‘(ii) DEFINITION.—For purposes of 

24 clause (i), the term ‘consular identification 

25 card’ means an identification document, 
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1 other than a visa, passport, or other travel, 

2 entry, or exit document, issued by—

3 ‘‘(I) a foreign mission (as defined 

4 in section 202 of the Foreign Missions 

5 Act (22 U.S.C. 4302)); or 

6 ‘‘(II) an organization rep7 resenting a territory or political entity 

8 other than the United States which 

9 has been granted diplomatic or other 

10 official privileges and immunities 

11 under the laws of the United States 

12 or which engages in some aspect of 

13 the conduct of the international af14 fairs of such territory or political enti15 ty.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall take effect on the date of the enact18 ment of this Act and shall apply to removal proceedings 

19 initiated on or after such date. 

20 (c) CONSTRUCTION.—Nothing in this section shall be 

21 construed to affect any alien who is not placed in removal 

22 proceedings under section 240 of the Immigration and Na23 tionality Act (8 U.S.C. 1229a). 
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1 SEC. 3. INADMISSIBILITY FOR 10 YEARS FOR PRESEN2 TATION OF CONSULAR IDENTIFICATION 

3 CARD FOR FEDERAL IDENTIFICATION-RE4 LATED PURPOSE. 

5 (a) IN GENERAL.—Section 212(a)(10) of the Immi6 gration and Nationality Act (8 U.S.C. 1182(a)(10)) is 

7 amended by adding at the end the following: 

8 ‘‘(F) PRESENTATION OF CONSULAR IDEN9 TIFICATION CARD FOR FEDERAL PURPOSE.—

10 ‘‘(i) IN GENERAL.—Any alien who is 

11 unlawfully present in the United States, 

12 presents a consular identification card to 

13 satisfy an identification-related require14 ment of Federal law, and seeks admission 

15 within the 10-year period beginning on the 

16 date of such presentation, is inadmissible. 

17 ‘‘(ii) DEFINITIONS.—For purposes of 

18 clause (i), the term ‘consular identification 

19 card’ has the meaning given such term in 

20 section 240(c)(3)(D)(ii)’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall take effect on the date of the enact23 ment of this Act and shall apply to aliens presenting con24 sular identification cards on or after such date.

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