I 
109TH CONGRESS 
1ST SESSION H. R. 4238 
To provide for enhanced border security enforcement and detention facilities, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 4, 2005 
Mr. MCCAUL of Texas (for himself, Mr. REYES, Mr. CUELLAR, Mr. DANIEL 
E. LUNGREN of California, Ms. GRANGER, and Mr. PEARCE) 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 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 provide for enhanced border security enforcement and 
detention facilities, 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 ‘‘Border Security En-
forcement and Detention Act of 2005’’.
SEC. 2. MANDATORY DETENTION FOR ALIENS APPRE-
HENDED AT OR BETWEEN PORTS OF ENTRY. 
(a) IN GENERAL.—Beginning on October 1, 2006, an 
unlawful alien who is apprehended at a United States port 
of entry or along the international land and maritime bor-
der of the United States shall be detained until removed 
or a final decision granting admission has been deter-
mined, if the alien— 
(1) is permitted to withdraw an application for 
admission under section 235(a)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1225(a)(4)) and 
does not immediately depart from the United States 
pursuant to such section; or 
(2) is ordered removed from the United States 
under section 235(b)(1)(A)(i) of such Act (8 U.S.C. 
1225(b)(1)(A)(i)) without further hearing or review. 
(b) REQUIREMENTS DURING INTERIM PERIOD.—Be-
ginning 60 days after the date of the enactment of this 
Act and before October 1, 2006, an alien described in sub-
section (a) may be released with a notice to appear only 
if— 
(1) the Secretary of Homeland Security deter-
mines, after conducting all appropriate background 
and security checks on the alien, that the alien does 
not pose a national security risk; and
(2) the alien provides a bond of not less than 
$5,000. 
(c) USE OF BOND.—In the case of an alien who for-
feits a bond provided in accordance with subsection (b)(2), 
the Secretary of Homeland Security may use the bond for 
the purpose of funding alien absconder investigations car-
ried out by the Department of Homeland Security. 
SEC. 3. EXPANSION AND EFFECTIVE MANAGEMENT OF DE-
TENTION FACILITIES. 
(a) IN GENERAL.—Subject to the availability of ap-
propriations, the Secretary of Homeland Security shall 
fully utilize all available detention facilities operated or 
contracted by the Department of Homeland Security. 
(b) ANALYSIS
OF
OPTIONS
TO
INCREASE
BED 
SPACE.—Not later than 90 days after the date of the en-
actment of this Act, the Secretary shall conduct a com-
prehensive analysis of all possible options to cost effec-
tively increase available detention capacities, including the 
use of State and local correctional facilities, temporary de-
tention facilities, private space, and secure alternatives to 
detention. 
(c) USE OF TEMPORARY DETENTION FACILITIES.— 
The Secretary shall, as expeditiously as practicable, ex-
pand the use of temporary detention facilities to increase 
detention capacity during the period in which the Sec-
retary is conducting the comprehensive analysis required 
under subsection (b). 
(d) IMPLEMENTATION.—Not later than October 1, 
2008, the Secretary shall implement the options to cost 
effectively increase available detention capacities deter-
mined pursuant to the comprehensive analysis required 
under subsection (b). 
SEC. 4. DENIAL OF ADMISSION TO NATIONALS OF COUNTRY 
DENYING OR DELAYING ACCEPTING ALIEN. 
Section 243(d) of the Immigration and Nationality 
Act (8 U.S.C. 1253(d)) is amended to read as follows: 
‘‘(d) DENIAL
OF ADMISSION
TO NATIONALS
OF 
COUNTRY DENYING OR DELAYING ACCEPTING ALIEN.— 
Whenever the Secretary of Homeland Security determines 
that the government of a foreign country has denied or 
unreasonably delayed accepting an alien who is a citizen, 
subject, national, or resident of that country after the 
alien has been ordered removed, the Secretary, after con-
sultation with the Secretary of State, may deny admission 
to any citizen, subject, national, or resident of that coun-
try until the country accepts the alien who was ordered 
removed.’’. 
SEC. 5. BORDER PATROL AGENTS. 
There are authorized to be appropriated to the Sec-
retary of Homeland Security such sums as may be nec-
essary for each of fiscal years 2007 through 2010 to carry 
out section 5202 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (requiring the Secretary to in-
crease the number of positions for full-time active-duty 
border patrol agents) (Public Law 108–458;118 Stat. 
3734). 
SEC. 6. REPORT ON FINANCIAL BURDEN OF REPATRI-
ATION. 
Not later than October 31 of each year, the Secretary 
of Homeland Security shall submit to the Secretary of 
State and Congress a report that details the cost to the 
Department of Homeland Security of repatriation of 
aliens to their countries of nationality or last habitual resi-
dence, including details relating to cost per country. 
Æ