109TH CONGRESS 
1ST SESSION H. R. 4437
AN ACT 
To amend the Immigration and Nationality Act to strengthen 
enforcement of the immigration laws, to enhance border 
security, 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 
‘‘Border Protection, Antiterrorism, and Illegal Immigra-
tion Control Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. State defined. 
Sec. 3. Sense of Congress on setting a manageable level of immigration. 
TITLE I—SECURING UNITED STATES BORDERS 
Sec. 101. Achieving operational control on the border. 
Sec. 102. National strategy for border security. 
Sec. 103. Implementation of cross-border security agreements. 
Sec. 104. Biometric data enhancements. 
Sec. 105. One face at the border initiative. 
Sec. 106. Secure communication. 
Sec. 107. Port of entry inspection personnel. 
Sec. 108. Canine detection teams. 
Sec. 109. Secure border initiative financial accountability. 
Sec. 110. Border patrol training capacity review. 
Sec. 111. Airspace security mission impact review. 
Sec. 112. Repair of private infrastructure on border. 
Sec. 113. Border Patrol unit for Virgin Islands. 
Sec. 114. Report on progress in tracking travel of Central American gangs 
along international border. 
Sec. 115. Collection of data. 
Sec. 116. Deployment of radiation detection portal equipment at United States 
ports of entry. 
Sec. 117. Consultation with businesses and firms. 
Sec. 118. Sense of Congress regarding enforcement of immigration laws. 
Sec. 119. Securing access to border patrol uniforms. 
Sec. 120. US-VISIT. 
Sec. 121. Voluntary relocation program extension. 
Sec. 122. Completion of background and security checks. 
TITLE II—COMBATTING ALIEN SMUGGLING AND ILLEGAL ENTRY 
AND PRESENCE 
Sec. 201. Definition of aggravated felony. 
Sec. 202. Alien smuggling and related offenses. 
Sec. 203. Improper entry by, or presence of, aliens. 
Sec. 204. Reentry of removed aliens. 
Sec. 205. Mandatory sentencing ranges for persons aiding or assisting certain 
reentering aliens. 
Sec. 206. Prohibiting carrying or using a firearm during and in relation to an 
alien smuggling crime. 
Sec. 207. Clarifying changes.
Sec. 208. Voluntary departure reform. 
Sec. 209. Deterring aliens ordered removed from remaining in the United 
States unlawfully and from unlawfully returning to the United 
States after departing voluntarily. 
Sec. 210. Establishment of the Forensic Documents Laboratory. 
Sec. 211. Section 1546 amendments. 
Sec. 212. Motions to reopen or reconsider. 
Sec. 213. Reform of passport, visa, and immigration fraud offenses. 
Sec. 214. Criminal detention of aliens. 
Sec. 215. Uniform statute of limitations for certain immigration, naturalization, 
and peonage offenses. 
Sec. 216. Conforming amendment. 
Sec. 217. Inadmissibility for passport and immigration fraud. 
Sec. 218. Removal for passport and immigration fraud. 
Sec. 219. Reduction in immigration backlog. 
Sec. 220. Federal affirmation of assistance in the immigration law enforcement 
by States and political subdivisions of States. 
Sec. 221. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 222. Financial assistance to State and local police agencies that assist in 
the enforcement of immigration laws. 
Sec. 223. Institutional Removal Program (IRP). 
Sec. 224. State Criminal Alien Assistance Program (SCAAP). 
Sec. 225. State authorization for assistance in the enforcement of immigration 
laws encouraged. 
TITLE III—BORDER SECURITY COOPERATION AND 
ENFORCEMENT 
Sec. 301. Joint strategic plan for United States border surveillance and sup-
port. 
Sec. 302. Border security on protected land. 
Sec. 303. Border security threat assessment and information sharing test and 
evaluation exercise. 
Sec. 304. Border Security Advisory Committee. 
Sec. 305. Permitted use of Homeland Security grant funds for border security 
activities. 
Sec. 306. Center of excellence for border security. 
Sec. 307. Sense of Congress regarding cooperation with Indian Nations. 
Sec. 308. Communication between government agencies and the Department of 
Homeland Security. 
Sec. 309. Red Zone Defense Border Intelligence Pilot program. 
TITLE IV—DETENTION AND REMOVAL 
Sec. 401. Mandatory detention for aliens apprehended at or between ports of 
entry. 
Sec. 402. Expansion and effective management of detention facilities. 
Sec. 403. Enhancing transportation capacity for unlawful aliens. 
Sec. 404. Denial of admission to nationals of country denying or delaying ac-
cepting alien. 
Sec. 405. Report on financial burden of repatriation. 
Sec. 406. Training program. 
Sec. 407. Expedited removal. 
Sec. 408. GAO study on deaths in custody. 
Sec. 409. Report on apprehension and detention of certain aliens.
Sec. 410. Listing of immigration violators in the National Crime Information 
Center database. 
TITLE V—EFFECTIVE ORGANIZATION OF BORDER SECURITY 
AGENCIES 
Sec. 501. Enhanced border security coordination and management. 
Sec. 502. Office of Air and Marine Operations. 
Sec. 503. Shadow Wolves transfer. 
TITLE VI—TERRORIST AND CRIMINAL ALIENS 
Sec. 601. Removal of terrorist aliens. 
Sec. 602. Detention of dangerous aliens. 
Sec. 603. Increase in criminal penalties. 
Sec. 604. Precluding admissibility of aggravated felons and other criminals. 
Sec. 605. Precluding refugee or asylee adjustment of status for aggravated felo-
nies. 
Sec. 606. Removing drunk drivers. 
Sec. 607. Designated county law enforcement assistance program. 
Sec. 608. Rendering inadmissible and deportable aliens participating in criminal 
street gangs; detention; ineligibility from protection from re-
moval and asylum. 
Sec. 609. Naturalization reform. 
Sec. 610. Expedited removal for aliens inadmissible on criminal or security 
grounds. 
Sec. 611. Technical correction for effective date in change in inadmissibility for 
terrorists under REAL ID Act. 
Sec. 612. Bar to good moral character. 
Sec. 613. Strengthening definitions of ‘‘aggravated felony’’ and ‘‘conviction’’. 
Sec. 614. Deportability for criminal offenses. 
Sec. 615. Declaration of Congress. 
Sec. 616. Report on criminal alien prosecution. 
Sec. 617. Determination of immigration status of individuals charged with Fed-
eral offenses. 
Sec. 618. Increased criminal penalties for document fraud and crimes of vio-
lence. 
Sec. 619. Laundering of monetary instruments. 
TITLE VII—EMPLOYMENT ELIGIBILITY VERIFICATION 
Sec. 701. Employment eligibility verification system. 
Sec. 702. Employment eligibility verification process. 
Sec. 703. Expansion of employment eligibility verification system to previously 
hired individuals and recruiting and referring. 
Sec. 704. Basic pilot program. 
Sec. 705. Recruitment and referral. 
Sec. 706. Penalties. 
Sec. 707. Report 
on 
Social 
Security 
card-based 
employment 
eligibility 
verification. 
Sec. 708. Extension of preemption to required construction of day laborer shel-
ters. 
Sec. 709. Effective date. 
Sec. 710. Limitation on verification responsibilities of Commissioner of Social 
Security. 
Sec. 711. Report on employment eligibility verification system.
TITLE VIII—IMMIGRATION LITIGATION ABUSE REDUCTION 
Sec. 801. Board of Immigration Appeals removal order authority. 
Sec. 802. Judicial review of visa revocation. 
Sec. 803. Reinstatement. 
Sec. 804. Withholding of removal. 
Sec. 805. Certificate of reviewability. 
Sec. 806. Waiver of rights in nonimmigrant visa issuance. 
Sec. 807. Clarification of jurisdiction on review. 
Sec. 808. Fees and expenses in judicial proceedings. 
TITLE IX—PRESCREENING OF AIR PASSENGERS 
Sec. 901. Immediate International Passenger Prescreening Pilot program. 
TITLE X—FENCING AND OTHER BORDER SECURITY 
IMPROVEMENTS 
Sec. 1001. Findings. 
Sec. 1002. Construction of fencing and security improvements in border area 
from Pacific Ocean to Gulf of Mexico. 
Sec. 1003. Northern border study. 
Sec. 1004. Sense of the Congress. 
TITLE XI—SECURITY AND FAIRNESS ENHANCEMENT 
Sec. 1101. Short title. 
Sec. 1102. Elimination of diversity immigrant program. 
TITLE XII—OATH OF RENUNCIATION AND ALLEGIANCE 
Sec. 1201. Oath of renunciation and allegiance. 
TITLE XIII—ELIMINATION OF CORRUPTION AND PREVENTION OF 
ACQUISITION OF IMMIGRATION BENEFITS THROUGH FRAUD 
Sec. 1301. Short title. 
Sec. 1302. Findings. 
Sec. 1303. Structure of the Office of Security and Investigations. 
Sec. 1304. Authority of the Office of Security and Investigations to investigate 
internal corruption. 
Sec. 1305. Authority of the Office of Security and Investigations to detect and 
investigate immigration benefits fraud. 
Sec. 1306. Increase in full-time Office of Security and Investigations personnel. 
Sec. 1307. Annual report. 
Sec. 1308. Investigations of fraud to precede immigration benefits grant. 
Sec. 1309. Elimination of the Fraud Detection and National Security Office. 
Sec. 1310. Security fee. 
SEC. 2. STATE DEFINED. 
In titles I, III, IV, and V of this Act, the term 
‘‘State’’ has the meaning given it in section 2(14) of the 
Homeland Security Act of 2002 (6 U.S.C. 101(14)).