I 
109TH CONGRESS 
1ST SESSION H. R. 1196
To improve the security clearance process along the United States-Mexico 
border, to increase the number of detention beds, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2005
Mr. ORTIZ (for himself, Mr. BONILLA, Mr. HINOJOSA, Mr. GENE GREEN of 
Texas, Mr. DOGGETT, and Ms. JACKSON-LEE of Texas) introduced the 
following bill; which was referred to the Committee on Homeland Secu-
rity, and in addition to the Committee on the Judiciary, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To improve the security clearance process along the United 
States-Mexico border, to increase the number of deten-
tion beds, 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. FINDINGS. 
Congress finds the following: 
(1) The United States must have adequate in-
frastructure and policies in place under the Depart-
ment of Homeland Security to protect against poten-
tial terrorists attempting to enter the United States 
along the Southwest Border. 
(2) According to top government officials, sev-
eral Al Qaeda leaders believe operatives can pay 
their way into the country through Mexico and also 
believe illegal entry is more advantageous than legal 
entry for operational security reasons. 
(3) Official border patrol records reveal a dis-
turbing trend on the southern border indicating a 
growth in other than Mexicans (OTMs), many from 
countries of interest, crossing into the United 
States—between 2003 and 2004 the increase was at 
least 35 percent. 
(4) Because of budget constraints, the U.S. Im-
migration and Customs Enforcement Office of De-
tention and Removal does not have sufficient bed 
space to detain all illegal immigrants from special 
interest countries therefore releasing them on per-
sonal recognizance. 
(5) The Department of Homeland Security esti-
mates that up to 90 percent of these immigrants do 
not appear for their immigration hearings. 
(6) The Department of Homeland Security 
needs more personnel at the borders with the nec-
essary security clearances and equipment to ade-
quately screen and detain immigrants coming to the 
United States. 
(7) The Secretary of Homeland Security should 
provide appropriate training for inspectors, and as-
sociated support staff, on an ongoing basis to utilize 
new technologies and to ensure that the proficiency 
levels of such personnel are acceptable to protect the 
borders of the United States. 
SEC. 2. IMPROVEMENT IN SECURITY CLEARANCE PROCESS 
ALONG THE UNITED STATES-MEXICO BOR-
DER AND INCREASE IN DETENTION BEDS. 
(a) IMPROVEMENT IN SECURITY CLEARANCE PROC-
ESS.—The Secretary of Homeland Security shall—
(1) expeditiously implement policies ensuring 
that personnel of the Department of Homeland Se-
curity along the United States-Mexico border have 
the security clearances required to access informa-
tion necessary to adequately screen immigrants en-
tering the United States at such border, including 
IDENT and IAFIS databases and databases used 
by the Department’s inspectors in secondary inspec-
tions; 
(2) develop the interagency agreements and in-
formation technology infrastructure necessary for