112
the mailing of the notice, the amount as-
sessed shall be two-thirds of the face value 
of the bond. 
(viii) If compliance does not occur 
within 180 days after the mailing of the 
notice, the amount assessed shall be 100 
percent of the face value of the bond. 
(ix) All penalty fees shall be paid by 
the surety within 45 days after the end of 
such 180-day period. 
(B) The Secretary of Homeland Security 
may waive the penalty fees or extend the period 
for payment or both, if—
(i) a written request is filed with the 
Secretary; and 
(ii) the bail agent or surety provides 
evidence satisfactory to the Secretary that
diligent efforts were made to effect compli-
ance of the visa holder. 
(C) COMPLIANCE; EXONERATION; LIMITA-
TION OF LIABILITY.—
(i) COMPLIANCE.—The bail agent or 
surety shall have the absolute right to lo-
cate, apprehend, arrest, detain, and sur-
render any visa holder, wherever he or she
113
may be found, who violates any of the 
terms and conditions of the visa or bond. 
(ii) EXONERATION.—Upon satisfying 
any of the requirements of the bond, the 
surety shall be completely exonerated. 
(iii) LIMITATION OF LIABILITY.—The 
total liability on any undertaking shall not 
exceed the face amount of the bond. 
SEC. 305. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 
(a) IN GENERAL.—Section 236(a)(2) is amended to 
read as follows: 
‘‘(2) subject to section 241(a)(8), may release 
the alien on bond of at least $10,000, with security 
approved by, and containing conditions prescribed 
by, the Secretary of Homeland Security, but the 
Secretary shall not release the alien on or to his own 
recognizance unless an order of an immigration 
judge expressly finds that the alien is not a flight 
risk and is not a threat to the United States; and’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act.
114
SEC. 306. DETENTION OF ALIENS DELIVERED BY BONDS-
MEN. 
(a) IN
GENERAL.—Section 241(a) (8 U.S.C. 
1231(a)) is amended by adding at the end the following: 
‘‘(8) EFFECT
OF
PRODUCTION
OF
ALIEN
BY 
BONDSMAN.—Notwithstanding any other provision 
of law, the Secretary of Homeland Security shall 
take into custody any alien subject to a final order 
of removal, and cancel any bond previously posted 
for the alien, if the alien is produced within the pre-
scribed time limit by the obligor on the bond. The 
obligor on the bond shall be deemed to have substan-
tially performed all conditions imposed by the terms 
of the bond, and shall be released from liability on 
the bond, if the alien is produced within such time 
limit.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to all immigration bonds 
posted before, on, or after such date.
115
TITLE 
IV—REMOVING 
ALIEN 
TERRORISTS, 
CRIMINALS, 
AND HUMAN RIGHTS VIOLA-
TORS 
Subtitle A—Removing Alien 
Terrorists 
SEC. 401. DEPORTABILITY OF TERRORISTS, NATIONAL SE-
CURITY THREATS, AND SERIOUS FOREIGN 
CRIMES. 
(a) IN GENERAL.—Section 237(a)(4) (8 U.S.C. 
1227(a)(4)) is amended—
(1) by amending subparagraph (B) to read as 
follows: 
‘‘(B) TERRORIST
ACTIVITIES.—Any alien 
who would be considered inadmissible pursuant 
to section 212(a)(3)(B) is deportable.’’; and 
(2) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) 
NATIONAL
SECURITY
CON-
SEQUENCES.—An alien described in section 
212(a)(3)(G) is deportable. 
‘‘(F) SERIOUS FOREIGN CRIMES.—An alien 
described in section 212(a)(3)(H) is deport-
able.’’.
116
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to conduct occurring be-
fore, on, or after such date.
SEC. 402. ADMINISTRATIVE REMOVAL OF ALIEN TERROR-
ISTS. 
(a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 
amended—
(1) in the section heading, by striking ‘‘ALIENS 
CONVICTED
OF
COMMITTING
AGGRAVATED
FELO-
NIES’’ and inserting ‘‘CERTAIN ALIENS’’; 
(2) in the heading of subsection (a), by insert-
ing ‘‘INSTITUTIONAL’’ before ‘‘REMOVAL’’; 
(3) in subsection (a)(1), by striking ‘‘241’’ each 
place it appears and inserting ‘‘237’’; 
(4) by amending the heading of subsection (b) 
to read as follows: 
‘‘(b) PROCEEDINGS FOR THE ADMINISTRATIVE RE-
MOVAL OF ALIENS.—’’; 
(5) by amending subsection (b)(1) to read as 
follows: 
‘‘(1) The Secretary of Homeland Security 
may—
‘‘(A) in the case of an alien described in 
paragraph (2), determine the deportability of
117
such alien under section 237(a)(2)(A)(iii) (re-
lating to conviction of an aggravated felony); or 
‘‘(B) in the case of an alien certified under 
paragraph (2)(C), determine the deportability 
of such alien under any provision of section 
237, 
and issue an order of removal pursuant to the proce-
dures set forth in this subsection or section 240.’’; 
(6) in subsection (b)(2)—
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
‘‘(C) has been certified by the Secretary of 
Homeland Security, pursuant to paragraph (6), 
which certification is not reviewable except as 
provided in subsection (b)(7).’’; 
(7) by adding at the end of subsection (b) the 
following: 
‘‘(6) CERTIFICATION.—The Secretary of Home-
land Security may certify an alien under this para-
graph if the Secretary has reasonable grounds to be-
lieve that the alien—
118
‘‘(A) 
is 
described 
in 
section 
212(a)(3)(A)(i), 
212(a)(3)(A)(iii), 
212(a)(3)(B), 
237(a)(4)(A)(i), 
237(a)(4)(A)(iii), or 237(a)(4)(B); or 
‘‘(B) is engaged in any other activity that 
endangers the national security of the United 
States. 
‘‘(7) NONDELEGATION.—The Secretary may 
delegate the authority provided under paragraph (6) 
only to the Deputy Secretary. The Deputy Secretary 
may not delegate such authority. 
‘‘(8) JUDICIAL REVIEW.—Notwithstanding any 
other provision of law, judicial review of an order 
under paragraph (2)(C) shall be available only by a 
filing in the United States Court of Appeals for the 
District of Columbia.’’; 
(8) by striking the first subsection (c) and in-
serting the following: 
‘‘(c) PRESUMPTION
OF REMOVABILITY.—An alien 
convicted of an aggravated felony, or certified pursuant 
to section 238(b)(2)(C), shall be conclusively presumed to 
be removable from the United States.’’; and 
(9) by redesignating the second subsection (c) 
(redesignated as such by section 671(b)(13) of the
119
Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996) as subsection (d). 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to aliens in removal proceedings 
on or after such date. 
SEC. 403. ASYLUM PETITIONS BY MEMBERS OF TERRORIST 
ORGANIZATIONS. 
Paragraph (1) of section 208(b) (8 U.S.C. 1158(b)) 
is amended by adding at the end the following: ‘‘In any 
case in which there may be more than one motive for per-
secution, the alien bears the burden of showing that such 
persecution was or would be inflicted solely on account of 
race, religion, nationality, membership in a particular so-
cial group, or political opinion.’’. 
SEC. 404. EXPATRIATION OF TERRORISTS. 
(a) IN GENERAL.—Section 349 of the Immigration 
and Nationality Act (8 U.S.C. 1481) is amended—
(1) by amending subsection (a)(3) to read as 
follows: 
‘‘(3)(A) entering, or serving in, the armed 
forces of a foreign state if—
‘‘(i) such armed forces are engaged in hos-
tilities against the United States; or
120
‘‘(ii) such person serves as a commissioned 
or non-commissioned officer; or 
‘‘(B) in the case of a naturalized American cit-
izen, joining or serving in, or providing material sup-
port (as defined in section 2339A of title 18, United 
States Code) to a terrorist organization designated 
under section 212(a)(3) or 219 or designated under 
the International Emergency Powers Act, if the or-
ganization is engaged in hostilities against the 
United States, its people, or its national security in-
terests.’’; and 
(2) by adding at the end of subsection (b): 
‘‘The voluntary commission or performance of an act 
described in subsection (a)(3)(A)(i) or (B) shall be 
prima facie evidence that the act was done with the 
intention of relinquishing United States nation-
ality.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to determinations pending 
on or after such date with respect to which a final admin-
istrative decision has not been rendered as of such date.
121
Subtitle B—Removing Alien 
Criminals 
SEC. 411. DEFINITION OF CRIMINAL CONVICTION. 
(a) IN GENERAL.—Subparagraph (B) of section 
101(a)(48) (8 U.S.C. 1101(a)(48)) is amended by adding 
at the end the following: ‘‘Any conviction entered by a 
court shall remain valid for immigration purposes notwith-
standing a vacation of that conviction, unless the convic-
tion is vacated on direct appeal wherein the court deter-
mines that vacation is warranted on the merits, or on 
grounds relating to a violation of a fundamental statutory 
or constitutional right in the underlying criminal pro-
ceedings.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to determinations pending on 
or after such date with respect to which a final administra-
tive decision has not been rendered as of such date. 
SEC. 412. REMOVING MURDERERS, RAPISTS, SEXUAL ABUS-
ERS OF CHILDREN, AND DRUNK DRIVERS. 
(a) REMOVING MURDERERS, RAPISTS, AND SEXUAL 
ABUSERS OF CHILDREN.—Subparagraph (A) of section 
101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by insert-
ing before the semicolon at the end the following: ‘‘, re-
gardless of the term of imprisonment, and regardless of
122
whether the offenses are deemed to be misdemeanors or 
felonies under State or Federal law,’’. 
(b) 
REMOVING
DRUNK
DRIVERS.—Section 
101(a)(43)(F) is amended by inserting ‘‘, including a third 
drunk driving conviction, regardless of the States in which 
the convictions occurred, and regardless of whether the of-
fenses are deemed to be misdemeanors or felonies under 
State or Federal law,’’ after ‘‘offense)’’. 
(c) EFFECTIVE DATE.—The amendment made by the 
section shall take effect on the date of the enactment of 
this Act and shall apply to convictions entered on or after 
such date. 
SEC. 413. DETENTION AND RELEASE OF CRIMINAL ALIENS 
PENDING REMOVAL DECISION. 
(a) ARREST AND DETENTION.—
(1) IN GENERAL.—Section 236(c)(1) (8 U.S.C. 
1226(c)(1)) is amended—
(A) by striking the matter preceding sub-
paragraph (A) and inserting the following: 
‘‘(1) ARREST AND DETENTION.—On a warrant 
issued by the Secretary of Homeland Security, an 
alien shall be arrested and detained pending a deci-
sion on whether the alien is to be removed from the 
United States if the Secretary alleges that the 
alien—’’;
123
(B) in subparagraph (D), by striking the 
comma at the end and inserting a period; and 
(C) by striking the matter following sub-
paragraph (D) and adding at the end the fol-
lowing: 
‘‘Nothing in this paragraph shall be construed as re-
quiring the Secretary to arrest or detain an alien 
who is sentenced to a term of imprisonment until 
the alien is released from imprisonment, but parole, 
supervised release, probation, or possibility of arrest 
or further imprisonment is not a reason for the Sec-
retary to defer arrest and detention under this para-
graph.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply to aliens who are in 
proceedings under the Immigration and Nationality 
Act on or after the date of the enactment of this Act 
if those proceedings have not resulted in a final ad-
ministrative order before such date. 
(b) RELEASE.—
(1) IN GENERAL.—Section 236(c)(2) (8 U.S.C. 
1226(c)(2)) is amended—
(A) by inserting after the first sentence the 
following:
124
‘‘To satisfy this burden, the alien is required to 
present documentary evidence or witness testimony 
from a third party, where such evidence is reason-
ably available. No finder of fact may determine that 
such evidence is not reasonably available solely be-
cause the alien is detained.’’; and 
(B) by adding at the end the following: 
‘‘The Secretary of Homeland Security may release 
an alien under this paragraph only on bond of at 
least $5,000 with security approved by, and con-
taining conditions prescribed by, the Secretary.’’. 
(2) CONDITION ON RELEASE.—Section 236(a) 
(8 U.S.C. 1226(a)) is amended by adding at the end 
the following: 
‘‘In order to be released, the alien has the burden of prov-
ing that the alien is neither a danger to the community 
nor a flight risk. To satisfy this burden, the alien is re-
quired to present documentary evidence or witness testi-
mony from a third party, where such evidence is reason-
ably available. No finder of fact may determine that such 
evidence is not reasonably available solely because the 
alien is detained.’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to releases occurring 
on or after the date of the enactment of this Act.
125
Subtitle C—Removing Alien 
Human Rights Violators 
SEC. 421. SERIOUS HUMAN RIGHTS VIOLATOR DEFINED. 
Section 101(a) (8 U.S.C. 1101(a)) is amended by 
adding at the end the following: 
‘‘(51)(A) The term ‘serious human rights violator’ 
means any alien who—
‘‘(i) ordered, incited, assisted, or otherwise par-
ticipated in the persecution of any person on account 
of race, religion, nationality, membership in a par-
ticular social group, or political opinion; 
‘‘(ii) while serving as a foreign government offi-
cial, was responsible for, or directly carried out, par-
ticularly severe violations of religious freedom (as 
defined in section 3 of the International Religious 
Freedom Act of 1998 (22 U.S.C. 6402)); 
‘‘(iii) during an armed conflict, ordered, incited, 
assisted, or otherwise participated in a war crime (as 
defined in section 2441(c) of title 18, United States 
Code); 
‘‘(iv) ordered, incited, assisted, otherwise par-
ticipated in, attempted to commit, or conspired to 
commit conduct that would constitute genocide (as 
defined in section 1091(a) of title 18, United States
126
Code), if the conduct were committed in the United 
States or by a United States national; 
‘‘(v) ordered, incited, assisted, or otherwise par-
ticipated in any act of torture (as defined in the 
United Nations Convention Against Torture and 
Other Forms of Cruel, Inhuman or Degrading 
Treatment or Punishment, done at New York on 
December 10, 1984, subject to any reservations, un-
derstandings, declarations, and provisos contained in 
the United States Senate resolution of ratification of 
the Convention); or 
‘‘(vi) committed, ordered, incited, assisted, oth-
erwise participated in, or was responsible for any of 
the following acts, when undertaken in whole or in 
significant part for a political, religious, or discrimi-
natory purpose: 
‘‘(I) Murder or other homicide. 
‘‘(II) Kidnapping. 
‘‘(III) Disappearance. 
‘‘(IV) Rape. 
‘‘(V) Torture or mutilation. 
‘‘(VI) Prolonged, arbitrary detention. 
‘‘(VII) Enslavement. 
‘‘(VIII) Forced prostitution, impregnation, 
sterilization, or abortion.
127
‘‘(IX) Genocide. 
‘‘(X) Extermination. 
‘‘(XI) Recruitment of persons under the 
age of 15 for use in armed conflict. 
‘‘(B) Subparagraph (A) shall not apply to an alien 
who demonstrates by clear and convincing evidence that 
the conduct was committed under extreme duress. For 
purposes of the preceding sentence, ‘extreme duress’ 
means duress created by a threat of imminent death or 
rape of the alien, or a spouse, child, or parent of the 
alien.’’. 
SEC. 422. DEPORTABILITY OF SERIOUS HUMAN RIGHTS 
VIOLATORS. 
(a) IN
GENERAL.—Section 237(a) (8 U.S.C. 
1227(a)) is amended by adding at the end the following: 
‘‘(8) SERIOUS
HUMAN
RIGHTS
VIOLATORS.—
Any serious human rights violator is deportable.’’.
(b) 
CONFORMING
AMENDMENT.—Section 
237(a)(4)(D) (8 U.S.C. 1227(a)(4)(D)) is amended to 
read as follows: 
‘‘(D) ASSISTED IN NAZI PERSECUTION.—
Any alien described in section 212(a)(3)(E) is 
deportable.’’.
128
SEC. 423. ARREST AND DETENTION OF SERIOUS HUMAN 
RIGHTS VIOLATORS PENDING REMOVAL AND 
CRIMINAL PROSECUTION DECISIONS. 
(a) CUSTODY.—Section 236(c)(1)(D) (8 U.S.C. 
1226(c)(1)(D)) 
is 
amended 
by 
striking 
‘‘section 
237(a)(4)(B),’’ and inserting ‘‘paragraph (4)(B) or (8) of 
section 237(a)’’. 
(b) NOTICE TO CRIMINAL DIVISION.—Section 236(c) 
(8 U.S.C. 1226(c)) is amended by adding at the end the 
following: 
‘‘(3) NOTICE TO CRIMINAL DIVISION.—The Sec-
retary of Homeland Security shall ensure that the 
Assistant Attorney General for the Criminal Division 
of the Department of Justice—
‘‘(A) is notified when an alien is arrested 
and detained under paragraph (1) by reason of 
inadmissibility under section 212(a)(2)(G) or 
deportability under section 237(a)(8); 
‘‘(B) is provided the information that was 
the basis for the application of such paragraph; 
and 
‘‘(C) makes a determination whether the 
alien should be arrested and prosecuted in the 
United States for a criminal offense. 
‘‘(4) REPORTS.—Beginning 6 months after the 
date of the enactment of the Securing America’s Fu-
129
ture through Enforcement Reform Act of 2003, and 
every 12 months thereafter, the Secretary of Home-
land Security and the Attorney General shall submit 
to the Committees on the Judiciary of the United 
States House of Representatives and of the Senate 
a report containing the following: 
‘‘(A) The number of removal proceedings 
initiated 
against 
aliens 
under 
sections 
212(a)(2)(G) and 237(a)(8) during the report-
ing period. 
‘‘(B) The number of removal proceedings 
under sections 212(a)(2)(G) and 237(a)(8) 
pending at the conclusion of the reporting pe-
riod. 
‘‘(C) The number of aliens removed under 
sections 212(a)(2)(G) and 237(a)(8) during the 
reporting period. 
‘‘(D) The number of notifications under 
paragraph (3)(A) made during the reporting pe-
riod. 
‘‘(E) The number of criminal prosecutions 
initiated during the reporting period based on 
information provided under paragraph (3). 
‘‘(F) The number of criminal prosecutions 
pending at the conclusion of the reporting pe-
130
riod that were initiated based on information 
provided under paragraph (3). 
‘‘(G) The number of criminal prosecutions 
initiated based on information provided under 
paragraph (3) that resulted in a conviction dur-
ing the reporting period.’’. 
SEC. 424. EXCEPTION TO RESTRICTION ON REMOVAL FOR 
SERIOUS HUMAN RIGHTS VIOLATORS AND 
TERRORISTS. 
Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is 
amended—
(1) in the matter preceding clause (i), by strik-
ing ‘‘section 237(a)(4)(D)’’ and inserting ‘‘subpara-
graph (B) or (D) of section 237(a)(4)’’; and 
(2) by amending clause (i) to read as follows: 
‘‘(i) the alien is a serious human 
rights violator;’’.
SEC. 425. INITIATION OF REMOVAL PROCEEDINGS AGAINST 
SERIOUS HUMAN RIGHTS VIOLATORS BY 
COMPLAINT. 
Section 239 (8 U.S.C. 1229) is amended by adding 
at the end the following: 
‘‘(e) COMPLAINTS RESPECTING SERIOUS HUMAN 
RIGHTS VIOLATORS.—
131
‘‘(1) ESTABLISHMENT OF PROCESS.—The Sec-
retary of Homeland Security shall establish a proc-
ess for the receipt, investigation, and disposition of 
complaints alleging that an alien present in the 
United States is a serious human rights violator and 
identifying that alien. 
‘‘(2) PERSONS
ENTITLED
TO
FILE
COM-
PLAINTS.—Any individual may file a complaint 
under paragraph (1). 
‘‘(3) FORM AND CONTENT OF COMPLAINT.—A 
complaint under paragraph (1) shall be in the form 
of a written statement, executed under oath or as 
permitted under penalty of perjury under section 
1746 of title 28, United States Code, and shall con-
tain such information as the Secretary of Homeland 
Security may require. Complaints shall be filed with 
an office designated for that purpose by the Sec-
retary. 
‘‘(4) NOTICE
SERVED
ON
SUBJECT
OF
COM-
PLAINT.—The Secretary shall serve notice, by cer-
tified mail and within 14 days of the filing of a com-
plaint under paragraph (1), on each alien identified 
in the complaint as a serious human rights violator. 
The alien shall answer the complaint within 10 days 
of receiving it.
132
‘‘(5) INVESTIGATION AND ACTION.—The Sec-
retary shall conduct an investigation of each com-
plaint that satisfies the requirements of this sub-
section. Not later than 180 days after the date of fil-
ing of such a complaint, the Secretary, with respect 
to each alien identified in the complaint as a serious 
human rights violator—
‘‘(A) shall initiate removal proceedings 
against the alien; or 
‘‘(B) shall issue to the complainant a writ-
ten determination that, in the opinion of the 
Secretary, the alien is not a serious human 
rights violator. 
‘‘(6) CONSTRUCTION.—Nothing in this sub-
section shall be construed to limit the discretion of 
consular officers under section 291 to determine eli-
gibility for a visa or document required for entry or 
to limit the discretion of any immigration officer 
otherwise to initiate removal proceedings under this 
Act.’’.
SEC. 426. BARS TO REFUGEE STATUS AND ASYLUM FOR SE-
RIOUS HUMAN RIGHTS VIOLATORS. 
(a) REFUGEE DEFINED.—Section 101(a)(42) (8 
U.S.C. 1101(a)(42)) is amended by striking the second 
sentence and inserting ‘‘The term ‘refugee’ does not in-
133
clude any person who is a serious human rights violator 
as defined in section 101(a)(51)(A).’’. 
(b) NO WAIVER OF GROUND OF INADMISSIBILITY 
FOR REFUGE SEEKERS.—Section 207(c)(3) (8 U.S.C. 
1157(c)(3)) is amended by inserting ‘‘or (2)(G)’’ after 
‘‘(2)(C)’’. 
(c) EXCEPTIONS TO GRANTING ASYLUM.—Section 
208(b)(2)(A)(i) (8 U.S.C. 1158(b)(2)(A)(i)) is amended to 
read as follows: 
‘‘(i) the alien is a serious human 
rights violator;’’. 
(d) EXTENSION TO SPOUSES AND CHILDREN OF EX-
CEPTIONS TO GRANTING ASYLUM.—Section 208(b)(3) of 
the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1158(b)(3)) is amended by striking ‘‘such alien.’’ and in-
serting ‘‘such alien, unless the Secretary of Homeland Se-
curity determines that one of the exceptions in clauses (i) 
through (v) of paragraph (2)(A) applies to the spouse or 
child.’’. 
SEC. 427. BAR TO ADJUSTMENT OF STATUS FOR SERIOUS 
HUMAN RIGHTS VIOLATORS. 
Section 209(c) (8 U.S.C. 1159(c)) is amended by in-
serting ‘‘or (2)(G)’’ after ‘‘(2)(C)’’.
134
SEC. 428. BAR TO FINDING OF GOOD MORAL CHARACTER 
FOR SERIOUS HUMAN RIGHTS VIOLATORS. 
Section 101(f) (8 U.S.C. 1101(f)) is amended by in-
serting after paragraph (1) the following: 
‘‘(2) a serious human rights violator;’’. 
SEC. 429. BAR TO CANCELLATION OF REMOVAL FOR SERI-
OUS HUMAN RIGHTS VIOLATORS. 
Section 240A(c)(4) (8 U.S.C. 2339b(c)(4)) is amend-
ed—
(1) by striking ‘‘section 212(a)(3)’’ and insert-
ing ‘‘paragraph (2)(G) or (3) of section 212(a)’’; 
and 
(2) by striking ‘‘section 237(a)(4).’’ and insert-
ing ‘‘paragraph (4) or (8) of section 237(a).’’. 
SEC. 430. BAR TO ADJUSTMENT OF STATUS WITH RESPECT 
TO CERTAIN SPECIAL IMMIGRANTS. 
Section 245(h)(2)(B) (8 U.S.C. 1255(h)(2)(B)) is 
amended by inserting ‘‘(2)(G),’’ before ‘‘(3)(A)’’. 
SEC. 431. CRIMINAL PENALTIES FOR REENTRY OF RE-
MOVED SERIOUS HUMAN RIGHTS VIOLATORS. 
Section 276(b) (8 U.S.C. 1326(b)) is amended—
(1) in paragraph (3), by striking ‘‘sentence. or’’ 
and inserting ‘‘sentence;’’; 
(2) in paragraph (4), by striking the period at 
the end and inserting ‘‘; or’’; and
135
(3) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) who was removed from the United States 
pursuant to section 212(a)(2)(G) or 237(a)(8), and 
who thereafter, without the permission of the Sec-
retary of Homeland Security, enters, attempts to 
enter, or is at any time found in, the United States 
shall be fined under title 18, United States Code, 
imprisoned not more than 10 years, or both.’’. 
SEC. 432. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS 
VIOLATORS TO ENTER THE UNITED STATES. 
Section 277 (8 U.S.C. 1327) is amended by striking 
‘‘felony)’’ and inserting ‘‘felony or is a serious human 
rights violator)’’.
SEC. 433. REVISION OF REGULATIONS WITH RESPECT TO 
THE INVOLUNTARY RETURN OF PERSONS IN 
DANGER OF SUBJECTION TO TORTURE. 
(a) REGULATIONS.—
(1) REVISION DEADLINE.—Not later than 120 
days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall revise the reg-
ulations prescribed by the Secretary to implement 
the United Nations Convention Against Torture and 
Other Forms of Cruel, Inhuman or Degrading
136
Treatment or Punishment, done at New York on 
December 10, 1984. 
(2) EXCLUSION OF CERTAIN ALIENS.—The re-
vision shall exclude from the protection of such regu-
lations aliens described in section 241(b)(3)(B) of 
the Immigration and Nationality Act (8 U.S.C. 
1231(b)(3)(B)) (as amended by section 424 of this 
Act), including rendering such aliens ineligible for 
withholding or deferral of removal under the Con-
vention. 
(3) BURDEN
OF
PROOF.—The revision shall 
also ensure that the burden of proof is on the appli-
cant for withholding or deferral of removal under the 
Convention to establish by clear and convincing evi-
dence that he or she would be tortured if removed 
to the proposed country of removal. 
(b) JUDICIAL REVIEW.—Notwithstanding any other 
provision of law, no court shall have jurisdiction to review 
the regulations adopted to implement this section, and 
nothing in this section shall be construed as providing any 
court jurisdiction to consider or review claims raised under 
the Convention or this section, except as part of the review 
of a final order of removal pursuant to section 242 of the 
Immigration and Nationality Act (8 U.S.C. 1252).
137
SEC. 434. FUNDING FOR DETENTION AND REMOVAL ASSIST-
ANCE PROVIDED BY STATE AND LOCAL LAW 
ENFORCEMENT AGENCIES. 
(a) The Secretary of Homeland Security shall reim-
burse verifiable claims submitted by a law enforcement 
agency of a State, or any political subdivision of a State, 
that were lawfully incurred for the emergency medical 
care, housing, and care in a secure facility, and the trans-
portation into Federal custody at a location designated by 
the Secretary, of any alien detained as inadmissible under 
section 212(a) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)) or deportable under section 237(a) of 
such Act (8 U.S.C. 1227(a)), if—
(1) transfer to Federal custody has occurred; 
(2)(A) a determination is subsequently made 
under section 240(c)(1) of the Immigration and Na-
tionality Act (8 U.S.C. 1229a(c)(1)) that such alien 
is removable; or 
(B) a determination is made that the alien has 
permanently departed the United States; and 
(3) reimbursement for all costs excepting trans-
portation costs is made according to per diem rates 
established by the Secretary. 
(b) Per diem rates described in subparagraph (a)(3) 
shall be determined after public notice and comment.
138
(c) In addition to funds otherwise available for such 
purpose, there are authorized to be appropriated to the 
Department of Homeland Security such sums as may be 
necessary to carry out subsection (a). 
SEC. 435. EFFECTIVE DATE. 
This subtitle, and the amendments made by this sub-
title, shall take effect on the date of the enactment of this 
Act and shall apply to violations occurring before (except 
for section 434 of this Act), on, or after such date. 
TITLE V—ENHANCING ENFORCE-
MENT OF THE IMMIGRATION 
AND 
NATIONALITY 
ACT 
IN 
THE INTERIOR 
Subtitle A—Document Security 
SEC. 501. SECURE TRAVEL DOCUMENTS. 
(a) IN GENERAL.—Section 215 (8 U.S.C. 1185) is 
amended—
(1) by adding at the end the following: 
‘‘(g)(1) The use by any person of any travel or identi-
fication document designated as insecure by the Secretary 
of Homeland Security (hereafter ‘the Secretary’) for entry 
into or departure from the United States at any land, sea 
or air port of entry, is prohibited. 
‘‘(2) The use by any alien of any travel or identifica-
tion document designated as insecure by the Secretary to
139
identify such aliens for purposes of transportation of per-
sons by public or private conveyance in interstate com-
merce is prohibited. 
‘‘(3) The Secretary may waive the prohibition in 
paragraph (1) for citizens and legal permanent residents 
of the United States whose identity has been verified by 
a designation or endorsement of such status on the identi-
fication document by a state or federal government agen-
cy.’’; and 
(2) in subsection (c), by adding at the end the 
following: ‘‘The term ‘insecure travel or identifica-
tion document’ as used in this section means a driv-
ers license or identification card issued by a state or 
any political subdivision thereof, or by a consular 
representative or agent of a foreign government in 
the United States, which appears on a list estab-
lished and maintained by the Secretary of docu-
ments which the Secretary has determined may be 
issued to an alien who, on the date of issuance of 
such document, is unlawfully present in the United 
States after the expiration of the period of stay au-
thorized by the Secretary or is present in the United 
States without being admitted or paroled.’’. 
(b) EFFECTIVE DATES.—
140
(1) The Secretary shall issue the list of insecure 
documents described in section 215(c) of the Immi-
gration and Nationality Act, as amended by sub-
section (a), not later than 60 days after the date of 
the enactment of this Act. Such list shall be updated 
semiannually thereafter, or upon application by any 
State or foreign government that has demonstrated 
to the satisfaction of the Secretary that a travel or 
identification document issued by such government 
is no longer insecure. 
(2) Section 215(g)(1) of such Act, as so amend-
ed, shall take effect 60 days after issuance of such 
list of insecure documents by the Secretary. 
(3) Section 215(g)(2) of such Act, as so amend-
ed, shall take effect 90 days after the date of the en-
actment of this Act. 
SEC. 502. SOCIAL SECURITY CARDS. 
(a) IMPROVEMENTS TO CARD.—
(1) IN GENERAL.—For purposes of carrying out 
section 274A of the Immigration and Nationality 
Act, the Commissioner of Social Security (in this 
section referred to as the ‘‘Commissioner’’) shall 
make such improvements to the physical design, 
technical specifications, and materials of the social 
security account number card as are necessary to
141
ensure that it is a genuine official document and 
that it offers the best possible security against coun-
terfeiting, forgery, alteration, and misuse. 
(2) PERFORMANCE
STANDARDS.—In making 
the improvements required in paragraph (1), the 
Commissioner shall—
(A) make the card as secure against coun-
terfeiting as the 100 dollar Federal Reserve 
note, with a rate of counterfeit detection com-
parable to the 100 dollar Federal Reserve note; 
and 
(B) make the card as secure against fraud-
ulent use as a United States passport. 
(3) DEFINITION.—In this section, the term ‘‘se-
cured social security account number card’’ means a 
social security account number card issued in ac-
cordance with the requirements of this paragraph. 
(4) EFFECTIVE DATE.—All social security ac-
count number cards issued after January 1, 2006, 
whether new or replacement, shall be secured social 
security account number cards. 
(b) NOT
A NATIONAL IDENTIFICATION CARD.—
Cards issued pursuant to this section shall not be required 
to be carried upon one’s person, and nothing in this sec-
142
tion shall be construed as authorizing the establishment 
of a national identification card. 
(c) EDUCATION
CAMPAIGN.—The Secretary of 
Homeland Security, in consultation with the Commis-
sioner of Social Security, shall conduct a comprehensive 
campaign to educate employers about the security features 
of the secured social security card and how to detect coun-
terfeit or fraudulently used social security account number 
cards. 
(d) ANNUAL REPORTS.—The Commissioner of Social 
Security shall submit to Congress by July 1 of each year 
a report on—
(1) the progress and status of developing a se-
cured social security account number card under this 
section; 
(2) the incidence of counterfeit production and 
fraudulent use of social security account number 
cards; and 
(3) the steps being taken to detect and prevent 
such counterfeiting and fraud. 
(e) GAO ANNUAL AUDITS.—The Comptroller Gen-
eral of the United States shall perform an annual audit, 
the results of which are to be presented to the Congress 
by January 1 of each of the 5 years following the date 
of the enactment of the Securing America’s Future
143
through Enforcement Reform Act of 2003, on the per-
formance of the Social Security Administration in meeting 
the requirements in paragraph (1). 
(f) EXPENSES.—No costs incurred in developing and 
issuing cards under this section that are above the costs 
that would have been incurred for cards issued in the ab-
sence of this section shall be paid for out of any trust 
fund established under the Social Security Act. There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
SEC. 503. CONSULAR IDENTIFICATION DOCUMENTS. 
(a) ACCEPTANCE OF FOREIGN IDENTIFICATION DOC-
UMENTS.—
(1) IN GENERAL.—No agency, commission, en-
tity, or agent of the executive or legislative branches 
of the federal government may accept, acknowledge, 
recognize, or rely on for purposes of personal identi-
fication any identification document issued by a for-
eign government, unless otherwise mandated by Fed-
eral law. 
(A) For purposes of this section, an agent 
shall include: 
(i) a Federal contractor or grantee;
144
(ii) a financial institution that is a 
member of the Federal Reserve System, 
described in 12 U.S.C. 321; or 
(iii) an institution exempted from 
Federal income taxation described in 26 
U.S.C. 501. 
(2) EXCEPTIONS.—
(A) A person who is not a citizen of the 
United States may present for personal identi-
fication purposes an official identification docu-
ment issued by a foreign government, or other 
foreign identification document recognized by 
treaty, if—
(i) such noncitizen also simultaneously 
presents valid verifiable documentation of 
lawful presence in the United States issued 
by an agency of the Federal Government; 
(ii) reporting a violation of law; or 
(iii) such use is expressly permitted by 
Federal law. 
(B) The provisions of paragraph (1) shall 
not apply to inspections of alien applicants for 
admission to the United States, nor to 
verification of personal identification outside 
the United States.
145
(3) LISTING
OF
ACCEPTABLE
DOCUMENTS.—
The United States Department of Homeland Secu-
rity shall issue, maintain in printed and electronic 
media, and disseminate to the public at no cost an 
updated listing, compiled in consultation with the 
United States Department of State, and including 
sample facsimiles, of all acceptable federal docu-
ments that satisfy the requirements of paragraph 
(2)(A). Such listing may, at the discretion of the 
Secretary of Homeland Security, include a similar 
listing of documents establishing employment au-
thorization or identity under section 274A(b) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(b)). 
(b) Section 274C of the Immigration and Nationality 
Act (8 U.S.C. 1324c) is amended—
(1) in subsection (a)—
(A) by redesignating paragraph (6) as 
paragraph (7); and 
(B) by inserting after paragraph (5) the 
following: 
‘‘(6) to use to establish personal identity, before 
any agent of the Federal Government, or before any 
agency of the Federal Government or of a State or 
any political subdivision therein, a travel or identi-
146
fication document issued by a foreign government 
that is not accepted by the Secretary of Homeland 
Security to establish personal identity for purposes 
of admission to the United States at a port of entry, 
except where a person who is not a citizen of the 
United States (A) simultaneously presents valid 
verifiable documentation of lawful presence in the 
United States issued by an agency of the federal 
government, or (B) is reporting a violation of law, 
or (C) such use is expressly permitted by Federal 
law.’’; and 
(2) in subsection (d)—
(A) 
by 
redesignating 
paragraphs 
(2) 
though (7) as paragraphs (3) through (8), re-
spectively; and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) Every complete complaint of a violation 
described in subsection (a) that has been filed by an 
entity described in subsection (b), or by a private 
party aggrieved by such violation, shall be promptly 
investigated. The Secretary of Homeland Security 
shall issue a cease and desist order with money pen-
alty in each case determined after investigation to 
constitute a violation under subsection (a).’’.
147
(c) QUALIFIED IMMUNITY.—Actions taken in viola-
tion of subsections (a) of this section, or section 274C of 
the Immigration and Nationality Act (8 U.S.C. 1324c), 
as amended by subsection (b), shall be deemed outside the 
official capacity of the elected official or officer, employee, 
or agent of a Federal agency so acting.
Subtitle B—Employment Eligibility 
Verification 
SEC. 511. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS AND ELIMINATION OF EXAMINATION OF 
DOCUMENTATION REQUIREMENT. 
(a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 
is amended—
(1) in subsection (a)(1)(A), by striking ‘‘for a 
fee’’; 
(2) in subsection (a)(3)—
(A) 
by 
inserting 
‘‘(A)’’ 
after
‘‘DEFENSE.—’’; and 
(B) by adding at the end the following: 
‘‘(B) 
FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—In the case of a hiring of an indi-
vidual for employment in the United States by a 
person or entity, the following requirements apply: 
‘‘(i) FAILURE TO SEEK VERIFICATION.—
148
‘‘(I) IN GENERAL.—If the person or 
entity has not made an inquiry, under the 
mechanism established under subsection 
(b)(4), seeking verification of the identity, 
social security number, and work eligibility 
of the individual, by not later than the end 
of 3 working days (as specified by the Sec-
retary of Homeland Security) after the 
date of the hiring, the defense under sub-
paragraph (A) shall not be considered to 
apply with respect to any employment after 
such 3 working days, except as provided in 
subclause (II). 
‘‘(II) SPECIAL RULE FOR FAILURE OF 
VERIFICATION MECHANISM.—If such a per-
son or entity in good faith attempts to 
make an inquiry during such 3 working 
days in order to qualify for the defense 
under 
subparagraph 
(A) 
and 
the 
verification mechanism has registered that 
not all inquiries were responded to during 
such time, the person or entity can make 
an inquiry until the end of the first subse-
quent working day in which the verification
149
mechanism registers no nonresponses and 
qualify for such defense. 
‘‘(ii) 
FAILURE
TO
OBTAIN 
VERIFICATION.—If the person or entity has 
made the inquiry described in clause (i)(I) but 
has not received an appropriate verification of 
such identity, number, and work eligibility 
under such mechanism within the time period 
specified under subsection (b)(4)(B) after the 
time the verification inquiry was received, the 
defense under subparagraph (A) shall not be 
considered to apply with respect to any employ-
ment after the end of such time period.’’; 
(3) in subsection (b)(1)—
(A) by amending the paragraph heading to 
read as follows: 
‘‘(1) ATTESTATION.—’’; and 
(B) by amending subparagraph (A) to read 
as follows: 
‘‘(A) IN GENERAL.—The person or entity 
must attest, under penalty of perjury and on a 
form designated or established by the Secretary 
of Homeland Security by regulation, that it has 
verified that the individual is not an unauthor-
ized alien by obtaining from the individual the
150
individual’s social security account number and 
recording the number on the form (if the indi-
vidual claims to have been issued such a num-
ber), and, if the individual does not attest to 
United States citizenship under paragraph (2), 
obtaining such identification or authorization 
number established by the Department of 
Homeland Security for the alien as the Sec-
retary may specify, and recording such number 
on the form.’’; 
(4) in subsection (b)(2), by adding at the end 
the following: ‘‘The individual must also provide that 
individual’s social security account number (if the 
individual claims to have been issued such a num-
ber), and, if the individual does not attest to United 
States citizenship under this paragraph, such identi-
fication or authorization number established by the 
Department of Homeland Security for the alien as 
the Secretary of Homeland Security may specify.’’; 
and 
(5) by amending subsection (b)(3) to read as 
follows: 
‘‘(3) RETENTION OF VERIFICATION FORM AND 
VERIFICATION.—
151
‘‘(A) IN
GENERAL.—After completion of 
such form in accordance with paragraphs (1) 
and (2), the person or entity must—
‘‘(i) retain the form and make it avail-
able for inspection by officers of the De-
partment of Homeland Security, the Spe-
cial Counsel for Immigration-Related Un-
fair Employment Practices, or the Depart-
ment of Labor during a period beginning 
on the date of the hiring, recruiting, or re-
ferral of the individual and ending—
‘‘(I) in the case of the recruiting 
or referral for a fee (without hiring) 
of an individual, three years after the 
date of the recruiting or referral; and 
‘‘(II) in the case of the hiring of 
an individual, the later of—
‘‘(aa) three years after the 
date of such hiring; or 
‘‘(bb) one year after the 
date the individual’s employment 
is terminated; and 
‘‘(ii) make an inquiry, as provided in 
paragraph (4), using the verification sys-
tem to seek verification of the identity and
152
employment eligibility of an individual, by 
not later than the end of 3 working days 
(as specified by the Secretary of Homeland 
Security) after the date of the hiring (or 
recruitment or referral, as the case may 
be). 
‘‘(B) VERIFICATION.—
‘‘(i) VERIFICATION RECEIVED.—If the 
person or other entity receives an appro-
priate verification of an individual’s iden-
tity 
and 
work 
eligibility 
under 
the 
verification system within the time period 
specified, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a final verification of such identity 
and work eligibility of the individual. 
‘‘(ii) TENTATIVE
NONVERIFICATION 
RECEIVED.—If the person or other entity 
receives a tentative nonverification of an 
individual’s identity or work eligibility 
under the verification system within the 
time period specified, the person or entity 
shall so inform the individual for whom the 
verification is sought. If the individual does
153
not contest the nonverification within the 
time period specified, the nonverification 
shall be considered final. The person or en-
tity shall then record on the form an ap-
propriate code which has been provided 
under the system to indicate a tentative 
nonverification. If the individual does con-
test the nonverification, the individual shall 
utilize 
the 
process 
for 
secondary 
verification provided under paragraph (4). 
The nonverification will remain tentative 
until a final verification or nonverification 
is provided by the verification system with-
in the time period specified. In no case 
shall an employer terminate employment of 
an individual because of a failure of the in-
dividual to have identity and work eligi-
bility confirmed under this section until a 
nonverification becomes final. Nothing in 
this clause shall apply to a termination of 
employment for any reason other than be-
cause of such a failure. 
‘‘(iii) 
FINAL
VERIFICATION
OR 
NONVERIFICATION
RECEIVED.—If a final 
verification or nonverification is provided
154
by the verification system regarding an in-
dividual, the person or entity shall record 
on the form an appropriate code that is 
provided under the system and that indi-
cates a verification or nonverification of 
identity and work eligibility of the indi-
vidual. 
‘‘(iv) EXTENSION
OF
TIME.—If the 
person or other entity in good faith at-
tempts to make an inquiry during such 3 
working days and the verification system 
has registered that not all inquiries were 
received during such time, the person or 
entity may make an inquiry in the first 
subsequent working day in which the 
verification system registers that it has re-
ceived all inquiries. If the verification sys-
tem cannot receive inquiries at all times 
during a day, the person or entity merely 
has to assert that the entity attempted to 
make the inquiry on that day for the pre-
vious sentence to apply to such an inquiry, 
and does not have to provide any addi-
tional proof concerning such inquiry.
155
‘‘(v) 
CONSEQUENCES
OF 
NONVERIFICATION.—If the person or other 
entity has received a final nonverification 
regarding an individual, the person or enti-
ty shall terminate employment (or recruit-
ment or referral) of the individual.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 2 years after the date of 
the enactment of this Act. Retention of form requirements 
under section 274A(b)(3) of the Immigration and Nation-
ality Act, as in effect before such effective date, shall re-
main in effect as if this section had not been enacted for 
forms completed before such effective date. 
SEC. 512. EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM. 
(a) IN GENERAL.— Section 274A(b)(4) (8 U.S.C. 
1324a(b)(4)) is amended to read as follows: 
‘‘(4) EMPLOYMENT ELIGIBILITY VERIFICATION 
SYSTEM.—
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall establish a verification 
system through which the Secretary (or a des-
ignee of the Secretary, which may be a non-
governmental entity)—
156
‘‘(i) responds to inquiries made by 
persons at any time through a toll-free 
telephone line or other toll-free electronic 
media concerning an individual’s identity 
and whether the individual is authorized to 
be employed; and 
‘‘(ii) maintains records of the inquir-
ies that were made, of verifications pro-
vided (or not provided), and of the codes 
provided to inquirers as evidence of their 
compliance with their obligations under 
this section. 
To the extent practicable, the Secretary shall 
seek to establish such a system using one or 
more nongovernmental entities. 
‘‘(B) INITIAL RESPONSE.—The verification 
system shall provide verification or a tentative 
nonverification of an individual’s identity and 
employment eligibility within 3 working days of 
the initial inquiry. If providing verification or 
tentative nonverification, the verification system 
shall provide an appropriate code indicating 
such verification or such nonverification. 
‘‘(C) SECONDARY VERIFICATION PROCESS 
IN CASE OF TENTATIVE NONVERIFICATION.—In
157
cases of tentative nonverification, the Secretary 
of Homeland Security shall specify, in consulta-
tion with the Commissioner of Social Security, 
an available secondary verification process to 
confirm the validity of information provided and 
to provide a final verification or nonverification 
within 7 working days after the date of the ten-
tative nonverification. When final verification or 
nonverification is provided, the verification sys-
tem shall provide an appropriate code indicating 
such verification or nonverification. 
‘‘(D) DESIGN
AND
OPERATION
OF
SYS-
TEM.—The verification system shall be designed 
and operated—
‘‘(i) to maximize its reliability and 
ease of use by persons and other entities 
consistent with insulating and protecting 
the privacy and security of the underlying 
information; 
‘‘(ii) to respond to all inquiries made 
by such persons and entities on whether 
individuals are authorized to be employed 
and to register all times when such inquir-
ies are not received;
158
‘‘(iii) with appropriate administrative, 
technical, and physical safeguards to pre-
vent unauthorized disclosure of personal 
information; and 
‘‘(iv) to have reasonable safeguards 
against the system’s resulting in unlawful 
discriminatory practices based on national 
origin or citizenship status, including—
‘‘(I) the selective or unauthorized 
use of the system to verify eligibility; 
‘‘(II) the use of the system prior 
to an offer of employment; or 
‘‘(III) the exclusion of certain in-
dividuals from consideration for em-
ployment as a result of a perceived 
likelihood that additional verification 
will be required, beyond what is re-
quired for most job applicants. 
‘‘(E) RESPONSIBILITIES OF THE COMMIS-
SIONER OF SOCIAL SECURITY.—As part of the 
verification system, the Commissioner of Social 
Security, in consultation with the entity respon-
sible for administration of the system, shall es-
tablish a reliable, secure method, which, within 
the time periods specified under subparagraphs
159
(B) and (C), verifies, for each individual whose 
identity and employment eligibility must be con-
firmed under this section, the individual’s name 
and social security account number, the cor-
respondence of the name and number, and 
whether the social security number presented is 
valid for employment. The Commissioner shall 
not disclose or release social security informa-
tion 
(other 
than 
such 
verification 
or 
nonverification). If, in carrying out this sub-
paragraph, the Commissioner becomes aware of 
a suspicious pattern of use of a social security 
account number, the Commissioner shall inves-
tigate such suspicious pattern, or shall notify 
the Secretary of Homeland Security of it. Noth-
ing in the Social Security Act or any other pro-
vision of law shall be construed to prevent the 
Commissioner from so notifying the Secretary. 
Upon receipt of such notification, the Secretary 
shall investigate in lieu of the Commissioner. 
‘‘(F) RESPONSIBILITIES
OF
THE
SEC-
RETARY OF HOMELAND SECURITY.—As part of 
the verification system, the Secretary of Home-
land Security, in consultation with the entity 
responsible for administration of the system,
160
shall establish a reliable, secure method, which, 
within the time periods specified under sub-
paragraphs (B) and (C), compares the name 
and alien identification or authorization number 
which are provided in an inquiry against such 
information maintained by the Secretary in 
order to validate (or not validate) the informa-
tion provided, the correspondence of the name 
and number, and whether the alien is author-
ized to be employed in the United States. 
‘‘(G) 
UPDATING
INFORMATION.—The 
Commissioner of Social Security and the Sec-
retary of Homeland Security shall update their 
information in a manner that promotes the 
maximum accuracy and shall provide a process 
for the prompt correction of erroneous informa-
tion, including instances in which it is brought 
to their attention in the secondary verification 
process described in subparagraph (C). 
‘‘(H) 
LIMITATION
ON
USE
OF
THE 
VERIFICATION SYSTEM AND ANY RELATED SYS-
TEMS.—Nothing in this paragraph shall be con-
strued to authorize, directly or indirectly, the 
issuance or use of national identification cards
161
or the establishment of a national identification 
card. 
‘‘(I) FEDERAL TORT CLAIMS ACT.—If an 
individual alleges that the individual would not 
have been dismissed from a job but for an error
of the verification mechanism, the individual 
may seek compensation only through the mech-
anism of the Federal Tort Claims Act, and in-
junctive relief to correct such error. No class 
action may be brought under this subpara-
graph. 
‘‘(J) PROTECTION
FROM
LIABILITY
FOR 
ACTIONS TAKEN ON THE BASIS OF INFORMA-
TION.—No person or entity shall be civilly or 
criminally liable for any action taken in good 
faith reliance on information provided through 
the employment eligibility verification mecha-
nism established under this paragraph.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 2 years after the date of 
the enactment of this Act.
162
SEC. 513. NOTIFICATION BY COMMISSIONER OF FAILURE 
TO CORRECT SOCIAL SECURITY INFORMA-
TION. 
The Commissioner of Social Security shall promptly 
notify the Secretary of Homeland Security of the failure 
of any individual to provide, upon any request of the Com-
missioner made pursuant to section 205(c)(2) of the Social 
Security Act (42 U.S.C. 405(c)(2)), evidence necessary, 
under such section—
(1) to establish the age, citizenship, or alien 
status of the individual; 
(2) to establish such individual’s true identity; 
or 
(3) to determine which (if any) social security 
account number has previously been assigned to 
such individual. 
SEC. 514. PROTECTION FOR INDIVIDUALS REPORTING IM-
MIGRATION LAW VIOLATIONS. 
Section 274B(A)(5) of the Immigration and Nation-
ality Act (8 U.S.C. 1324b(A)(5)) is amended by adding 
at the end the following: ‘‘Notwithstanding any other pro-
vision of law, the rights protected by this paragraph in-
clude the right of any individual to report a violation or 
suspected violation of any immigration law to the Depart-
ment of Homeland Security or a law enforcement agen-
cy.’’.
163
Subtitle C—Miscellaneous 
SEC. 521. INCREASED INVESTIGATIVE PERSONNEL. 
(a) BRINGING IN AND HARBORING CERTAIN ALIENS; 
UNLAWFUL EMPLOYMENT OF ALIENS.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated such funds 
as may be necessary to enable the Secretary of 
Homeland Security to increase, above the number 
specified in section 101(a)(2) of the Enhanced Bor-
der Security and Visa Entry Reform Act of 2002 
(Public Law 107–173), the number of investigators 
and support personnel to investigate potential viola-
tions of sections 274 and 274A of the Immigration 
and Nationality Act (8 U.S.C. 1324 and 1324a), 
other than alien smuggling, by a number equivalent 
to—
(A) 250 full-time active-duty investigators 
in each of fiscal years 2004 through 2007; and 
(B) 100 full-time active-duty investigators 
in each of fiscal years 2008 through 2011. 
(2) ALLOCATION.—At least one-half of the in-
vestigators hired with funds made available under 
paragraph (1) shall be assigned to investigate poten-
tial violations of section 274A of the Immigration 
and Nationality Act.
206
TITLE VIII—REFORMING LEGAL 
IMMIGRATION 
Subtitle A—Promotion of 
Citizenship 
SEC. 801. CHANGES IN NATURALIZATION REQUIREMENTS. 
(a) STUDY OF NATURALIZATION EXAMINATION.—
(1) IN GENERAL.—The Chief of the Office of 
Citizenship of the Department of Homeland Security 
shall conduct a study of the scope and nature of the 
examination of applicants for naturalization. The 
study shall analyze the value of the questions on the 
exam, and recommend questions that ought to be 
eliminated and new questions that ought to be in-
cluded. The study shall recommend new questions to 
be included that gauge an applicant’s understanding 
of the principles in the oath of allegiance required 
under section 337(a) of the Immigration and Na-
tionality Act (8 U.S.C. 1448(a)). 
(2) CIVICS COURSE.—The study shall also ana-
lyze and make recommendations as to whether appli-
cants for naturalization ought to be required to com-
plete a course in civic education. 
(3) REPORT.—Not later than 6 months after 
the date of the enactment of this Act, the Chief of 
the Office of Citizenship for the Bureau of Citizen-