IB 
Union Calendar No. 192 
109TH CONGRESS 
1ST SESSION H. R. 4437 
[Report No. 109–345, Part I] 
To amend the Immigration and Nationality Act to strengthen enforcement 
of the immigration laws, to enhance border security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2005 
Mr. SENSENBRENNER (for himself, Mr. KING of New York, Mr. SMITH of 
Texas, Ms. FOXX, Mr. DANIEL E. LUNGREN of California, Mr. ISSA, and 
Mr. GARY G. MILLER of California) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Homeland Security, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
DECEMBER 13, 2005 
Reported from the Committee on the Judiciary with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 13, 2005 
The Committee on Homeland Security discharged 
DECEMBER 13, 2005 
Referred to the Committee on Education and the Workforce for a period end-
ing not later than December 14, 2005, for consideration of such provi-
sions of the bill and amendment as fall within the jurisdiction of that 
committee pursuant to clause 1(e) rule X; and to the Committee on Ways 
and Means for a period ending not later than December 14, 2005, for 
consideration of such provisions of the bill and amendment as fall within 
the jurisdiction of that committee pursuant to clause 1(t) rule X 
DECEMBER 14, 2005 
Additional sponsors: Mr. FORBES, Mr. BURTON of Indiana, Mr. DREIER, Mr. 
STEARNS, Mr. COLE of Oklahoma, Mr. CULBERSON, Mr. BACHUS, Mrs. 
SCHMIDT, Mr. RAMSTAD, Mr. THORNBERRY, Mr. MCCAUL of Texas, Mr.
ISTOOK, Mr. PETERSON of Minnesota, Mr. GOODLATTE, Mr. ALEX-
ANDER, Mr. FEENEY, Mr. PICKERING, Mr. BAKER, Mr. BURGESS, Mr. 
SHUSTER, Mr. WILSON of South Carolina, Mr. POE, Mr. KLINE, Mr. 
MCHUGH, Mr. LEWIS of California, Mrs. BONO, Mr. ROYCE, Mr. MUR-
PHY, and Mr. RYUN of Kansas 
DECEMBER 14, 2005 
The Committees on Education and the Workforce and Ways and Means dis-
charged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on December 6, 2005] 
A BILL 
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 Immigration 
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. 
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 re-
entering 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 a special task force for coordinating and distributing 
information on fraudulent immigration documents. 
TITLE III—BORDER SECURITY COOPERATION AND ENFORCEMENT 
Sec. 301. Joint strategic plan for United States border surveillance and support. 
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 ac-
tivities. 
Sec. 306. Center of excellence for border security. 
Sec. 307. Sense of Congress regarding cooperation with Indian Nations. 
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 accept-
ing 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.
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. 
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. Hiring halls. 
Sec. 706. Penalties. 
Sec. 707. Report 
on 
Social 
Security 
card-based 
employment 
eligibility 
verification. 
Sec. 708. Effective date. 
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. 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)). 
SEC. 3. SENSE OF CONGRESS ON SETTING A MANAGEABLE 
LEVEL OF IMMIGRATION. 
It is the sense of Congress that the immigration and 
naturalization policy shall be designed to enhance the eco-
nomic, social and cultural well-being of the United States 
of America. 
TITLE I—SECURING UNITED 
STATES BORDERS 
SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE BOR-
DER. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall take all actions the Secretary determines nec-
essary and appropriate to achieve and maintain oper-
ational control over the entire international land and mari-
time borders of the United States, to include the following— 
(1) systematic surveillance of the international 
land and maritime borders of the United States 
through more effective use of personnel and tech-
nology, such as unmanned aerial vehicles, ground- 
based sensors, satellites, radar coverage, and cameras; 
(2) physical infrastructure enhancements to pre-
vent unlawful entry by aliens into the United States
and facilitate access to the international land and 
maritime borders by United States Customs and Bor-
der Protection, such as additional checkpoints, all 
weather access roads, and vehicle barriers; 
(3) hiring and training as expeditiously as pos-
sible additional Border Patrol agents authorized 
under section 5202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108– 
458); and 
(4) increasing deployment of United States Cus-
toms and Border Protection personnel to areas along 
the international land and maritime borders of the 
United States where there are high levels of unlawful 
entry by aliens and other areas likely to be impacted 
by such increased deployment. 
(b) OPERATIONAL CONTROL DEFINED.—In this sec-
tion, the term ‘‘operational control’’ means the prevention 
of the entry into the United States of terrorists, other un-
lawful aliens, instruments of terrorism, narcotics, and other 
contraband. 
SEC. 102. NATIONAL STRATEGY FOR BORDER SECURITY. 
(a) SURVEILLANCE PLAN.—Not later than six months 
after the date of the enactment of this Act, the Secretary 
of Homeland Security shall submit to the appropriate con-
gressional committees a comprehensive plan for the system-
atic surveillance of the international land and maritime 
borders of the United States. The plan shall include the fol-
lowing: 
(1) An assessment of existing technologies em-
ployed on such borders. 
(2) A description of whether and how new sur-
veillance technologies will be compatible with existing 
surveillance technologies. 
(3) A description of how the United States Cus-
toms and Border Protection is working, or is expected 
to work, with the Directorate of Science and Tech-
nology of the Department of Homeland Security to 
identify and test surveillance technology. 
(4) A description of the specific surveillance tech-
nology to be deployed. 
(5) The identification of any obstacles that may 
impede full implementation of such deployment. 
(6) A detailed estimate of all costs associated 
with the implementation of such deployment and con-
tinued maintenance of such technologies. 
(7) A description of how the Department of 
Homeland Security is working with the Federal Avia-
tion Administration on safety and airspace control 
issues associated with the use of unmanned aerial ve-
hicles in the National Airspace System.
(b) NATIONAL STRATEGY FOR BORDER SECURITY.— 
Not later than one year after the date of the enactment of 
this Act, the Secretary of Homeland Security, in consulta-
tion with the heads of other appropriate Federal agencies, 
shall submit to the appropriate congressional committees a 
National Strategy for Border Security to achieve oper-
ational control over all ports of entry into the United States 
and the international land and maritime borders of the 
United States. The Secretary shall update the Strategy as 
needed and shall submit to the Committee on Homeland Se-
curity of the House of Representatives, not later than 30 
days after each such update, the updated Strategy. The Na-
tional Strategy for Border Security shall include the fol-
lowing: 
(1) The implementation timeline for the surveil-
lance plan described in subsection (a). 
(2) An assessment of the threat posed by terror-
ists and terrorist groups that may try to infiltrate the 
United States at points along the international land 
and maritime borders of the United States. 
(3) A risk assessment of all ports of entry to the 
United States and all portions of the international 
land and maritime borders of the United States with 
respect to—
(A) preventing the entry of terrorists, other 
unlawful aliens, instruments of terrorism, nar-
cotics, and other contraband into the United 
States; and 
(B) protecting critical infrastructure at or 
near such ports of entry or borders. 
(4) An assessment of the most appropriate, prac-
tical, and cost-effective means of defending the inter-
national land and maritime borders of the United 
States against threats to security and illegal transit, 
including intelligence capacities, technology, equip-
ment, personnel, and training needed to address secu-
rity vulnerabilities. 
(5) An assessment of staffing needs for all border 
security functions, taking into account threat and 
vulnerability information pertaining to the borders 
and the impact of new security programs, policies, 
and technologies. 
(6) A description of the border security roles and 
missions of Federal, State, regional, local, and tribal 
authorities, and recommendations with respect to how 
the Department of Homeland Security can improve 
coordination with such authorities, to enable border 
security enforcement to be carried out in an efficient 
and effective manner.
(7) A prioritization of research and development 
objectives to enhance the security of the international 
land and maritime borders of the United States. 
(8) A description of ways to ensure that the free 
flow of legitimate travel and commerce of the United 
States is not diminished by efforts, activities, and 
programs aimed at securing the international land 
and maritime borders of the United States. 
(9) An assessment of additional detention facili-
ties and bed space needed to detain unlawful aliens 
apprehended at United States ports of entry or along 
the international land borders of the United States in 
accordance with the National Strategy for Border Se-
curity required under this subsection and the manda-
tory detention requirement described in section 401 of 
this Act. 
(10) A description of how the Secretary shall en-
sure accountability and performance metrics within 
the appropriate agencies of the Department of Home-
land Security responsible for implementing the border 
security measures determined necessary upon comple-
tion of the National Strategy for Border Security. 
(11) A timeline for the implementation of the ad-
ditional security measures determined necessary as 
part of the National Strategy for Border Security, in-
cluding a prioritization of security measures, realistic 
deadlines for addressing the security and enforcement 
needs, and resource estimates and allocations. 
(c) CONSULTATION.—In creating the National Strat-
egy for Border Security described in subsection (b), the Sec-
retary shall consult with— 
(1) State, local, and tribal authorities along the 
international land and maritime borders of the 
United States; and 
(2) an appropriate cross-section of private sector 
and nongovernmental organizations with relevant ex-
pertise. 
(d) PRIORITY OF NATIONAL STRATEGY.—The National 
Strategy for Border Security described in subsection (b) 
shall be the controlling document for security and enforce-
ment efforts related to securing the international land and 
maritime borders of the United States. 
(e) IMMEDIATE ACTION.—Nothing in this section shall 
be construed to relieve the Secretary of the responsibility 
to take all actions necessary and appropriate to achieve and 
maintain operational control over the entire international 
land and maritime borders of the United States pursuant 
to section 101 of this Act or any other provision of law. 
(f) REPORTING
OF IMPLEMENTING LEGISLATION.— 
After submittal of the National Strategy for Border Secu-