I 
110TH CONGRESS 
1ST SESSION H. R. 2109 
To amend title 18, United States Code, to provide Federal penalties for 
certain killings by illegal aliens, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 2, 2007 
Mrs. DRAKE introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 18, United States Code, to provide Federal 
penalties for certain killings by illegal aliens, 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. 
This Act may be cited as the ‘‘Empowering Our Local 
Communities Act of 2007’’. 
SEC. 2. CERTAIN KILLINGS BY ILLEGAL ALIENS. 
(a) IN GENERAL.—Chapter 51 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 1123. Certain killings by illegal aliens 
‘‘Whoever, being an alien who is unlawfully present 
in the United States, commits manslaughter while under 
the influence of alcohol and while operating a motor vehi-
cle, which has been shipped, transported or traveled in or 
affecting interstate or foreign commerce, shall be subject 
to a fine under this title and imprisoned not less than 5 
nor more than 40 years.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 51 of title 18, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1123. Certain killings by illegal aliens.’’. 
SEC. 3. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS. 
Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended— 
(1) in the section heading, by inserting ‘‘UN-
LAWFUL
PRESENCE;’’ after ‘‘IMPROPER
TIME 
OR PLACE;’’; 
(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-
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wise present in the United States in violation of 
the immigration laws or the regulations pre-
scribed thereunder,’’. 
SEC. 4. INSTITUTIONAL REMOVAL PROGRAM (IRP). 
(a) CONTINUATION AND EXPANSION.— 
(1) IN GENERAL.—The Department of Home-
land Security shall continue to operate and imple-
ment the program known as the Institutional Re-
moval Program (IRP) which— 
(A) identifies removable criminal aliens in 
Federal and State correctional facilities; 
(B) ensures such aliens are not released 
into the community; and 
(C) removes such aliens from the United 
States after the completion of their sentences. 
(2) EXPANSION.—The institutional removal 
program shall be extended to all States. Any State 
that receives Federal funds for the incarceration of 
criminal aliens shall— 
(A) cooperate with officials of the institu-
tional removal program; 
(B) expeditiously and systematically iden-
tify criminal aliens in its prison and jail popu-
lations; and 
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(C) promptly convey such information to 
officials of such program as a condition for re-
ceiving such funds. 
(b) AUTHORIZATION FOR DETENTION AFTER COM-
PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 
enforcement officers of a State or political subdivision of 
a State have the authority to— 
(1) hold an illegal alien for a period of up to 
14 days after the alien has completed the alien’s 
State prison sentence in order to effectuate the 
transfer of the alien to Federal custody when the 
alien is removable or not lawfully present in the 
United States; or 
(2) issue a detainer that would allow aliens who 
have served a State prison sentence to be detained 
by the State prison until personnel from United 
States Immigration and Customs Enforcement takes 
the alien into custody, as required by law. 
(c) TECHNOLOGY USAGE.—Technology such as video 
conferencing shall be used to the maximum extent possible 
in order to make the Institutional Removal Program 
(IRP) available in remote locations. Mobile access to Fed-
eral databases of aliens, such as IDENT, and live scan 
technology shall be used to the maximum extent prac-
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ticable in order to make these resources available to State 
and local law enforcement agencies in remote locations. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the institutional 
removal program— 
(1) $100,000,000 for fiscal year 2008; 
(2) $115,000,000 for fiscal year 2009; 
(3) $130,000,000 for fiscal year 2010; 
(4) $145,000,000 for fiscal year 2011; and 
(5) $160,000,000 for fiscal year 2012. 
SEC. 5. TRAINING OF STATE AND LOCAL PERSONNEL PER-
FORMING IMMIGRATION FUNCTIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—To carry out paragraph (2), 
there are authorized to be appropriated $40,000,000 
for fiscal year 2008, to remain available until Sep-
tember 30, 2009. 
(2) USE
OF
FUNDS.—From amounts made 
available under paragraph (1), the Secretary of 
Homeland Security may reimburse a State or polit-
ical subdivision for the expenses described in para-
graph (4). 
(3) ELIGIBLE RECIPIENTS.—A State, or a polit-
ical subdivision of a State, is eligible for reimburse-
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