I 
110TH CONGRESS 
1ST SESSION H. R. 3851 
To amend various laws imposing criminal penalties to double the maximum 
penalty for illegal aliens who commit those crimes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 16, 2007 
Mr. CARTER introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Homeland 
Security and Energy and Commerce, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend various laws imposing criminal penalties to double 
the maximum penalty for illegal aliens who commit those 
crimes, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Non-Citizen Enforcement Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Continued increase in full-time border patrol agents. 
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Sec. 3. Powers of State officers and employees. 
Sec. 4. Listing on NCIC of aliens ordered removed in absentia. 
Sec. 5. Penalties for aliens unlawfully present in the United States. 
Sec. 6. State Criminal Alien Assistance Program (SCAAP). 
Sec. 7. Increased penalties for certain crimes by illegal aliens. 
Sec. 8. Increased penalties for smuggling previously deported aliens. 
SEC. 2. CONTINUED INCREASE IN NUMBER OF FULL-TIME 
BORDER PATROL AGENTS. 
Section 5202 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458) is 
amended by adding at the end the following: ‘‘The Sec-
retary of Homeland Security shall continue to increase by 
not less than 2,000 the number of positions for full-time 
active-duty border patrol agents in each fiscal year after 
fiscal year 2010, until the Secretary certifies to the Con-
gress effective control of the border through the Secure 
Border Initiative has been achieved. Such certification 
shall include a description of following: 
‘‘(1) The recruitment incentives being imple-
mented for Border Patrol agents. 
‘‘(2) The plan, including payment of bonuses, 
being implemented for retention of Border Patrol 
agents. 
‘‘(3) The methodology used in determining that 
effective control of the border has been achieved.’’. 
SEC. 3. POWERS OF STATE OFFICERS AND EMPLOYEES. 
Section 287(a) of the Immigration and Nationality 
Act (8 U.S.C. 1357(a)) is amended by adding at the end 
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the following: ‘‘Notwithstanding subsection (g), and in ad-
dition to other authority under law, an officer or employee 
of a State, or any political subdivision of a State, shall 
have the authority, and is directed, to arrest any alien un-
lawfully present in the United States who has been or-
dered removed in absentia. Such State or political subdivi-
sion shall coordinate with the Secretary of Homeland Se-
curity the transportation and detention of aliens so ar-
rested.’’. 
SEC. 4. LISTING ON NCIC OF ALIENS ORDERED REMOVED 
IN ABSENTIA. 
Section 240(b)(5)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1229a(b)(4)(A)) is amended by adding 
at the end the following: ‘‘In the case of an alien who is 
ordered removed in absentia under this subparagraph, if 
a motion to reopen the order is not filed within the 180- 
day period beginning on the date the order is issued, the 
Secretary of Homeland Security, through Immigration 
and Customs Enforcement, shall provide at the end of 
such period for the posting of the name of the alien on 
the Absconder Category of the National Criminal Informa-
tion Center database.’’. 
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SEC. 5. PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN 
THE UNITED STATES. 
(a) IN GENERAL.—Section 275 of the Immigration 
and Nationality Act (8 U.S.C. 1325)is amended— 
(1) in the heading, by inserting ‘‘UNLAWFUL 
PRESENCE’’ after ‘‘IMPROPER TIME OR PLACE;’’; and 
(2) in subsection (a)— 
(A) by striking ‘‘Any alien’’ and inserting 
‘‘Except as provided in subsection (b), any 
alien’’; 
(B) by striking ‘‘or’’ before ‘‘(3)’’; and 
(C) by inserting after ‘‘concealment of a 
material fact,’’ the following: ‘‘or (4) is other-
wise present in the United States in violation of 
the immigration laws or the regulations pre-
scribed thereunder’’. 
(b) CLERICAL AMENDMENT.—The item in the table 
of contents of such Act relating to section 275 is amended 
by inserting ‘‘unlawful presence’’ after ‘‘improper time or 
place;’’. 
SEC. 6. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
(SCAAP). 
(a) INCREASE
IN AUTHORIZED FUNDING.—Para-
graph (5)(C) of section 241(i) of the Immigration and Na-
tionality Act (8 U.S.C. 1231(i)) is amended by striking 
‘‘$950,000,000’’ and inserting ‘‘$1,500,000,000’’. 
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(b) CLARIFICATION OF USE OF FUNDS FOR TRANS-
PORTATION
AND RELATED COSTS.—Paragraph (6) of 
such section is amended by inserting ‘‘, including for 
transportation and related costs’’ after ‘‘for correctional 
purposes’’. 
SEC. 7. INCREASED PENALTIES FOR CERTAIN CRIMES BY 
ILLEGAL ALIENS. 
(a) POSSESSION OF FIREARMS.—Section 924(a)(2) 
of title 18, United States Code, is amended by adding at 
the end the following: ‘‘If the person described in section 
922(g) is an alien who is not lawfully in this country and 
the offense is an offense under section 922(g), then the 
maximum term of imprisonment that may be imposed for 
that offense is 20 years.’’. 
(b) DISTRIBUTION
OF CONTROLLED SUBSTANCES 
AND RELATED OFFENSES.—Section 404(a) of the Con-
trolled Substances Act (21 U.S.C. 844) is amended by 
adding at the end the following: ‘‘If the offense under this 
section is committed by an alien who is not lawfully in 
this country, the maximum term of imprisonment that 
may be imposed for the offense is twice the maximum oth-
erwise provided by this section.’’. 
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SEC. 8. INCREASED PENALTIES FOR SMUGGLING PRE-
VIOUSLY DEPORTED ALIENS. 
Section 274(a)(1)(B) of the Immigration and Nation-
ality Act (8 U.S.C. 1324(a)(1)(B)) is amended by insert-
ing, ‘‘, but if the alien with respect to whom the violation 
occurs has a criminal conviction as recorded in the Na-
tional Crime Information Center, the maximum term of 
imprisonment is 20 years’’ after ‘‘or both’’. 
Æ 
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