I 
109TH CONGRESS 
1ST SESSION H. R. 4079 
To reduce the number of visa overstays and to ensure that illegal aliens 
are apprehended, detained, and removed as rapidly as possible. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 19, 2005 
Mr. SULLIVAN (for himself, Mr. BURTON of Indiana, Mr. TANCREDO, Mr. 
HAYWORTH, Mr. GOODE, Mr. JONES of North Carolina, Mr. HEFLEY, 
and Mr. GARRETT of New Jersey) 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 
A BILL 
To reduce the number of visa overstays and to ensure that 
illegal aliens are apprehended, detained, and removed 
as rapidly as possible. 
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 ‘‘Secure Our Nation’s 
Interior Act of 2005’’.
SEC. 2. EXPEDITED REMOVAL. 
Section 235(b)(1)(A) of the Immigration and Nation-
ality Act (8 U.S.C. 1225(b)(1)(A)) is amended by striking 
clauses (i) through (iii) and inserting the following: 
‘‘(i) IN GENERAL.—If an immigration 
officer determines that an alien (other 
than an alien described in subparagraph 
(F)) who is arriving in the United States, 
or who has not been admitted or paroled 
into the United States and who has not af-
firmatively shown, to the satisfaction of an 
immigration officer, that the alien has been 
physically present in the United States 
continuously for the 1-year period imme-
diately prior to the date of the determina-
tion of inadmissibility under this para-
graph, 
is 
inadmissible 
under 
section 
212(a)(6)(C) or 212(a)(7), the officer shall 
order the alien removed from the United 
States without further hearing or review, 
unless— 
‘‘(I) the alien has been charged 
with a crime, is in criminal pro-
ceedings, or is serving a criminal sen-
tence; or
‘‘(II) the alien indicates an inten-
tion to apply for asylum under section 
208 or a fear of persecution and the 
officer determines that the alien has 
been physically present in the United 
States for less than 1 year. 
‘‘(ii) CLAIMS FOR ASYLUM.—If an im-
migration officer determines that an alien 
(other than an alien described in subpara-
graph (F)) who is arriving in the United 
States, or who is described in clause (i), 
and the alien indicates either an intention 
to apply for asylum under section 208 or 
a fear of persecution, the officer shall refer 
the alien for an interview by an asylum of-
ficer under subparagraph (B) if the officer 
determines that the alien has been phys-
ically present in the United States for less 
than 1 year.’’. 
SEC. 3. CLARIFICATION OF INHERENT AUTHORITY OF 
STATE AND LOCAL LAW ENFORCEMENT. 
Notwithstanding any other provision of law and re-
affirming the existing inherent authority of States, law en-
forcement personnel of a State or a political subdivision 
of a State have the inherent authority of a sovereign entity
to apprehend, arrest, detain, or transfer to Federal cus-
tody aliens in the United States (including the transpor-
tation of such aliens across State lines to detention cen-
ters), in the enforcement of the immigration laws of the 
United States. This State authority has never been dis-
placed or preempted by Congress. 
SEC. 4. DEPARTMENT OF HOMELAND SECURITY RESPONSE 
TO REQUESTS FOR ASSISTANCE FROM STATE 
AND LOCAL LAW ENFORCEMENT. 
(a) IN GENERAL.—Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by 
adding after section 240C the following: 
‘‘CUSTODY OF ILLEGAL ALIENS 
‘‘SEC. 240D. (a) IN GENERAL.—If the Governor of 
a State (or, if appropriate, a political subdivision of the 
State), exercising authority with respect to the apprehen-
sion of an illegal alien, submits a request to the Secretary 
of Homeland Security that the alien be taken into Federal 
custody, the Secretary 
‘‘(1) shall— 
‘‘(A) not later than 48 hours after the con-
clusion of the State charging process or dis-
missal process, or if no State charging or dis-
missal process is required, after the illegal alien 
is apprehended, take the illegal alien into the
custody of the Federal Government and incar-
cerate the alien; or 
‘‘(B) request that the relevant State or 
local law enforcement agency temporarily incar-
cerate or transport the illegal alien for transfer 
to Federal custody; and 
‘‘(2) shall designate a Federal, State, or local 
prison or jail or a private contracted prison or deten-
tion facility within each State as the central facility 
for that State to transfer custody of the criminal or 
illegal aliens to the Department of Homeland Secu-
rity. The Secretary of Homeland Security may enter 
into contracts with appropriate State and local law 
enforcement, private entities, and detention officials 
to implement this subsection. 
‘‘(b) REIMBURSEMENT
TO STATES
AND LOCAL-
ITIES.—The Secretary of Homeland Security shall reim-
burse States and localities for all reasonable expenses, as 
determined by the Secretary, incurred by a State or local-
ity in the incarceration and transportation of an illegal 
alien as described in subparagraphs (A) and (B) of sub-
section (a)(1). Compensation provided for costs incurred 
under subparagraphs (A) and (B) of subsection (a)(1) 
shall be the average cost of incarceration of a prisoner 
in the relevant State, as determined by the chief executive
officer of a State (or, as appropriate, a political subdivi-
sion of the State) plus the cost of transporting the crimi-
nal or illegal alien from the point of apprehension, to the 
place of detention, and to the custody transfer point if 
the place of detention and place of custody are different. 
‘‘(c) INCARCERATION
OF ILLEGAL ALIENS.—The 
Secretary of Homeland Security shall ensure that illegal 
aliens incarcerated in Federal facilities pursuant to this 
subsection are held in facilities which provide an appro-
priate level of security. 
‘‘(d) TRANSFER OF ILLEGAL ALIENS.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security may estab-
lish a regular circuit and schedule for the prompt 
transfer of apprehended illegal aliens from the cus-
tody of States and political subdivisions of States to 
Federal custody. 
‘‘(2) AGREEMENTS.—The Secretary of Home-
land Security may enter into contracts with appro-
priate State and local law enforcement, private enti-
ties, and detention officials to implement this sub-
section. 
‘‘(e) DEFINITION.—For purposes of this section, the 
term ‘illegal alien’ means an alien who entered the United 
States without inspection or at any time or place other
than that designated by the Secretary of Homeland Secu-
rity.’’. 
SEC. 5. UNIVERSAL PROCESSING THROUGH THE AUTO-
MATED ENTRY-EXIT CONTROL SYSTEM. 
(a) RECORD OF ENTRY AND EXIT.—Subsection (a) 
of section 110 of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1221 note) 
is amended— 
(1) by redesignating paragraphs (1) and (2) as 
paragraphs (2) and (4), respectively; 
(2) by inserting before paragraph (2) (as so re-
designated), the following new paragraph: 
‘‘(1) collect and maintain a record of each ad-
mission for every alien arriving in the United 
States;’’; and 
(3) in paragraph (2) (as so redesignated)— 
(A) by striking ‘‘(1) collect a record of’’ 
and inserting ‘‘(1) collect and maintain a record 
of each’’; 
(B) by striking the ‘‘and’’ at the end; and 
(C) by inserting after paragraph (2) (as so 
redesignated), the following: 
‘‘(3) verify the identity of every arriving and de-
parting alien by comparing in real time the biomet-
ric identifier on such alien’s travel or entry docu-
ment or passport with the arriving or departing 
alien; and’’. 
(b) INSPECTION.— 
(1) Paragraph (3) of section 235(a) of the Im-
migration and Nationality Act (8 U.S.C. 1225(a)) is 
amended to read as follows: 
‘‘(3) INSPECTION.— 
‘‘(A) IN GENERAL.—All aliens (including 
alien crewmen) who are applicants for admis-
sion or otherwise seeking admission or readmis-
sion to or transit through the United States 
shall be inspected by immigration officers. 
‘‘(B) PROCESSING THROUGH ENTRY-EXIT 
SYSTEM.—Notwithstanding any other provision 
of law and subject to clauses (i) and (ii), no 
alien may be admitted to the United States un-
less such alien has been processed through the 
automated entry-exit control system required by 
section 110 of the Illegal Immigration Reform 
and Immigrant Responsibility Act (8 U.S.C. 
1221 note).’’. 
(2) Paragraph (1) shall apply to all aliens seek-
ing admission or readmission on or after December 
31, 2006.
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall submit a report to the Congress detailing 
the additional resources, including machine readers and 
personnel, that are needed at each port of entry, based 
on recent and anticipated volumes of admissions at such 
ports of entry, to fully implement subsection (b). 
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