I 
109TH CONGRESS 
1ST SESSION H. R. 3938 
To provide for comprehensive immigration reform. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 29, 2005 
Mr. HAYWORTH (for himself, Mr. MILLER of Florida, Mr. SESSIONS, Ms. 
FOXX, Mr. SAM JOHNSON of Texas, Mr. JONES of North Carolina, Mr. 
KING of Iowa, Mr. TANCREDO, Mr. RENZI, Mr. NORWOOD, Mr. DEAL of 
Georgia, Mr. POE, Mr. GUTKNECHT, Mr. GARY G. MILLER of California, 
Mr. CALVERT, Mr. FRANKS of Arizona, Mr. HUNTER, Mrs. KELLY, Mr. 
CARTER, Mr. GOODE, Mr. EVERETT, Mr. DUNCAN, Mr. GOHMERT, and 
Mr. MCCOTTER) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Armed 
Services, Ways and Means, Financial Services, Homeland Security, and 
Government Reform, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To provide for comprehensive immigration reform. 
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 
‘‘Enforcement First Immigration Reform Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—CLEAR AUTHORITY FOR INTERIOR ENFORCEMENT 
Sec. 101. State defined. 
Sec. 102. Federal affirmation of assistance in the immigration law enforcement 
by States and political subdivisions of States. 
Sec. 103. State authorization for assistance in the enforcement of immigration 
laws encouraged. 
Sec. 104. Civil and criminal penalties for aliens unlawfully present in the 
United States. 
Sec. 105. Listing of immigration violators in the national crime information 
center database. 
Sec. 106. State and local law enforcement provision of information about appre-
hended illegal aliens. 
Sec. 107. Financial assistance to State and local police agencies that assist in 
the enforcement of immigration laws. 
Sec. 108. Increased Federal detention space. 
Sec. 109. Federal custody of illegal aliens apprehended by State or local law 
enforcement. 
Sec. 110. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 111. Immunity. 
Sec. 112. Institutional removal program (IRP). 
Sec. 113. State criminal alien assistance program (SCAAP). 
Sec. 114. Detention of dangerous aliens. 
Sec. 115. Increased criminal penalties for alien smuggling, document fraud, 
gang violence, and drug trafficking. 
Sec. 116. Penalty for countries that do not accept return of nationals. 
Sec. 117. No judicial review of visa revocation. 
Sec. 118. Alternatives to detention. 
Sec. 119. Additional immigration personnel. 
Sec. 120. Completion of background and security checks. 
Sec. 121. Denial of benefits to terrorists and criminals. 
Sec. 122. Reinstatement of previous removal orders. 
Sec. 123. Automated alien records. 
Sec. 124. Annual report on interior enforcement. 
TITLE II—IMPROVED BORDER SECURITY 
Sec. 201. Assignment of members of the Armed Forces to assist Bureau of 
Border Security and Bureau of Citizenship and Immigration 
Services of the Department of Homeland Security. 
Sec. 202. Necessary assets for controlling United States borders. 
Sec. 203. Expedited removal between ports of entry. 
Sec. 204. Document fraud detection. 
Sec. 205. Reducing illegal immigration and alien smuggling on tribal lands. 
TITLE III—SOCIAL SECURITY FOR WORKING AMERICANS 
Sec. 301. Letters to employers by the Commissioner of Social Security for pur-
poses of resolving discrepancies in wage records and notifica-
tion of the Secretary of Homeland Security regarding such let-
ters. 
Sec. 302. Tightening requirements for the provision of social security numbers 
on withholding exemption certificates.
Sec. 303. Annual reports to the Congress regarding large employers with the 
largest numbers of employees with non-matching social security 
account numbers. 
Sec. 304. Exclusion of unauthorized work from work upon which creditable 
earnings may be based. 
TITLE IV—WORK AUTHORIZATION AND ENFORCEMENT 
Sec. 401. Requirement for employers to conduct employment eligibility 
verification. 
Sec. 402. Amendments to the Social Security Act relating to identification of 
individuals. 
Sec. 403. Employment Eligibility Database. 
Sec. 404. Requirements relating to individuals commencing work in the United 
States. 
Sec. 405. Compliance. 
Sec. 406. Increase in personnel ensuring compliance with prohibitions on un-
lawful employment of aliens. 
Sec. 407. Integration of fingerprinting databases. 
Sec. 408. Authorizations of appropriations. 
Sec. 409. Rules of construction. 
TITLE V—SECURE IDENTIFICATION STANDARDS 
Sec. 501. Prohibition on acceptance of identification issued by foreign govern-
ments. 
Sec. 502. Foreign-issued forms of identification prohibited as proof of identity 
to open accounts at financial institutions. 
Sec. 503. Identification standard for Federal benefits. 
Sec. 504. Change in format of Individual Taxpayer Identification Numbers 
(ITINs). 
Sec. 505. Sharing ITIN-related information. 
Sec. 506. Birth certificates. 
TITLE VI—REFORM OF LEGAL IMMIGRATION 
Sec. 601. Increase in employment based visas. 
Sec. 602. Increase in cap on unskilled workers. 
Sec. 603. Elimination of family 4th preference visa category for adult siblings 
of citizens. 
Sec. 604. 3-year moratorium on immigrant visas for Mexican nationals. 
Sec. 605. Limitation on number of family-sponsored immigrant visas from Mex-
ico. 
Sec. 606. Elimination of diversity lottery visa category. 
Sec. 607. Annual report on projected job creation and foreign labor demand. 
Sec. 608. Visa term compliance bonds. 
Sec. 609. Release of aliens in removal proceedings. 
Sec. 610. Detention of aliens delivered by bondsmen. 
TITLE VII—CITIZENSHIP REFORM 
Sec. 701. Citizenship at birth for children of non-citizen, non-permanent resi-
dent aliens. 
Sec. 702. Sanctions for Acts Violating the Oath of Renunciation and Alle-
giance. 
Sec. 703. Policy of discouragement of dual/multiple citizenship.
Sec. 704. Informing birth nations of their previous citizens’ new status as 
American citizens. 
TITLE VIII—WAGES PAID TO UNAUTHORIZED ALIENS 
Sec. 801. Clarification that wages paid to unauthorized aliens may not be de-
ducted from gross income. 
(c) SEVERABILITY.—If any provision of this Act, or 
the application of such provision to any person or cir-
cumstance, is held invalid, the remainder of this Act, and 
the application of such provision to other persons not simi-
larly situated or to other circumstances, shall not be af-
fected by such invalidation. 
TITLE I—CLEAR AUTHORITY 
FOR INTERIOR ENFORCEMENT 
SEC. 101. STATE DEFINED. 
For purposes of this title, the term ‘‘State’’ has the 
meaning given such term in section 101(a)(36) of the Im-
migration and Nationality Act (8 U.S.C. 1101(a)(36)). 
SEC. 102. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 
IMMIGRATION 
LAW 
ENFORCEMENT 
BY 
STATES AND POLITICAL SUBDIVISIONS OF 
STATES. 
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 investigate, identify, apprehend, arrest, detain, or 
transfer to Federal custody aliens in the United States
(including the transportation of such aliens across State 
lines to detention centers), for the purposes of assisting 
in the enforcement of the immigration laws of the United 
States in the course of carrying out routine duties. This 
State authority has never been displaced or preempted by 
the Congress. 
SEC. 103. STATE AUTHORIZATION FOR ASSISTANCE IN THE 
ENFORCEMENT OF IMMIGRATION LAWS EN-
COURAGED. 
(a) IN GENERAL.—Effective 2 years after the date 
of the enactment of this title, a State (or political subdivi-
sion of a State) that has in effect a statute, policy, or 
practice that prohibits law enforcement officers of the 
State, or of a political subdivision within the State, from 
assisting or cooperating with Federal immigration law en-
forcement in the course of carrying out the officers’ rou-
tine law enforcement duties shall not receive any of the 
funds that would otherwise be allocated to the State under 
section 241(i) of the Immigration and Nationality Act (8 
U.S.C. 1231(i)). 
(b) CONSTRUCTION.—Nothing in this section shall 
require law enforcement officials from States or political 
subdivisions of States to report or arrest victims or wit-
nesses of a criminal offense.
(c) REALLOCATION OF FUNDS.—Any funds that are 
not allocated to a State or political subdivision of a State 
due to the failure of the State to comply with subsection 
(a) shall be reallocated to States that comply with such 
subsection. 
SEC. 104. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UN-
LAWFULLY PRESENT IN THE UNITED STATES. 
(a) ALIENS UNLAWFULLY PRESENT.— 
(1) IN GENERAL.—Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended by inserting after section 275 the fol-
lowing: 
‘‘CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN 
THE UNITED STATES 
‘‘SEC. 275A. (a) IN GENERAL.—In addition to any 
other penalty, an alien who is present in the United States 
in violation of this Act shall be guilty of a felony and shall 
be fined under title 18, United States Code, imprisoned 
not less than 1 year and a day, or both. 
‘‘(b) DEFENSE.—It shall be an affirmative defense 
to a violation of subsection (a) that the alien overstayed 
the time allotted under a visa due to an exceptional and 
extremely unusual hardship or physical illness that pre-
vented the alien from leaving the United States by the 
required date.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the 
item relating to section 275 the following new item: 
‘‘Sec. 275A. Criminal penalties for unlawful presence in the United States.’’. 
(b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL 
ENTRY.—Section 275(a) of such Act (8 U.S.C. 1325(a)) 
is amended by striking ‘‘6 months,’’ and inserting ‘‘1 
year,’’. 
(c) INCREASE IN CIVIL PENALTIES FOR VARIOUS 
VIOLATIONS OF THE IMMIGRATION LAWS OF THE UNITED 
STATES.—Section 275(b) of such Act (8 U.S.C. 1325(b)) 
is amended to read as follows: 
‘‘(b)(1) Subject to paragraph (2), any alien described 
in paragraph (3) shall be subject to a civil penalty of— 
‘‘(A) $500 for the first violation; 
‘‘(B) $1,000 in the case of an alien who has 
been once previously been subject to a civil penalty 
under this subsection; 
‘‘(C) $2,500 in the case of an alien who has 
been twice previously been subject to a civil penalty 
under this subsection; or 
‘‘(D) $5,000 in the case of an alien who has 
been three or more times previously been subject to 
a civil penalty under this subsection. 
‘‘(2) In the case of an alien described in paragraph 
(3)(D), the alien shall be subject to civil penalties under
this subsection that are 5 times the amounts set forth 
under paragraph (1). 
‘‘(3) An alien described in this paragraph is an alien 
who— 
‘‘(A) is apprehended while entering (or attempt-
ing to enter) the United States at a time or place 
other than as designated by immigration officers; 
‘‘(B) enters the United States without inspec-
tion; 
‘‘(C) fails to depart the United States within 30 
days after the expiration date of a nonimmigrant 
visa or a voluntary departure agreement and is not 
in other lawful status; or 
‘‘(D) fails to depart the United States within 
30 days after the date of a final order of removal 
and is not in other lawful status. 
‘‘(4) Civil penalties under this subsection are in addi-
tion to, and not in lieu of, any criminal or other civil pen-
alties that may be imposed.’’. 
(d) PERMISSION TO DEPART VOLUNTARILY.—Sec-
tion 240B of such Act (8 U.S.C. 1229c) is amended— 
(1) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’ each place it 
appears; and
(2) in subsection (a)(2)(A), by striking ‘‘120 
days’’ and inserting ‘‘30 days’’. 
SEC. 105. LISTING OF IMMIGRATION VIOLATORS IN THE NA-
TIONAL CRIME INFORMATION CENTER DATA-
BASE. 
(a) PROVISION OF INFORMATION TO THE NCIC.— 
Not later than 180 days after the date of the enactment 
of this title, the Under Secretary for Border and Trans-
portation Security of the Department of Homeland Secu-
rity shall provide the National Crime Information Center 
of the Department of Justice with such information as the 
Under Secretary may have on any and all aliens against 
whom a final order of removal has been issued, any and 
all aliens who have signed a voluntary departure agree-
ment, any and all aliens who have overstayed their author-
ized period of stay, and any and all aliens whose visas 
have been revoked. Such information shall be provided to 
the National Crime Information Center, and the National 
Crime Information Center shall enter such information 
into the Immigration Violators File of the National Crime 
Information Center database, regardless of whether— 
(1) the alien received notice of a final order of 
removal; 
(2) the alien has already been removed; or
(3) sufficient identifying information is avail-
able on the alien. 
(b) INCLUSION
OF INFORMATION
IN
THE NCIC 
DATABASE.—Section 534(a) of title 28, United States 
Code, is amended— 
(1) in paragraph (3), by striking ‘‘and’’ at the 
end; 
(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) acquire, collect, classify, and preserve 
records of violations of the immigration laws of the 
United States, regardless of whether the alien has 
received notice of the violation or whether sufficient 
identifying information is available on the alien and 
even if the alien has already been removed; and’’. 
SEC. 106. STATE AND LOCAL LAW ENFORCEMENT PROVI-
SION 
OF 
INFORMATION 
ABOUT 
APPRE-
HENDED ILLEGAL ALIENS. 
(a) PROVISION
OF INFORMATION.—In compliance 
with section 642(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 
and section 434 of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644),
each State and each political subdivision of a State is en-
couraged to provide the Department of Homeland Security 
in a timely manner with the information listed in sub-
section (b) on each alien apprehended in the jurisdiction 
of the State or political subdivision who is believed to be 
in violation of the immigration laws of the United States. 
(b) INFORMATION REQUIRED.—The information list-
ed in this subsection is as follows: 
(1) The alien’s name. 
(2) The alien’s address or place of residence. 
(3) A physical description of the alien. 
(4) The date, time, and location of the encoun-
ter with the alien and reason for stopping, detaining, 
apprehending, or arresting the alien. 
(5) If applicable, the alien’s driver’s license 
number and the State of issuance of such license. 
(6) If applicable, the type of any other identi-
fication document issued to the alien, any designa-
tion number contained on the identification docu-
ment, and the issuing entity for the identification 
document. 
(7) If applicable, the license plate number, 
make, and model of any automobile registered to, or 
driven by, the alien.
(8) A photo of the alien, if available or readily 
obtainable. 
(9) The alien’s fingerprints, if available or read-
ily obtainable. 
(c) ANNUAL REPORT
ON REPORTING.—The Sec-
retary shall maintain and annually submit to Congress a 
detailed report listing the States or political subdivisions 
of States that are providing information under subsection 
(a). 
(d) REIMBURSEMENT.—The Department of Home-
land Security shall reimburse States and political subdivi-
sions of a State for all reasonable costs, as determined 
by the Secretary of Homeland Security, incurred by that 
State or political subdivision as a result of providing infor-
mation under this section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as are necessary 
to carry out this section. 
(f) CONSTRUCTION.— Nothing in this section shall 
require law enforcement officials of a State or political 
subdivision of a State to provide the Department of Home-
land Security with information related to a victim of a 
crime or witness to a criminal offense.
SEC. 107. FINANCIAL ASSISTANCE TO STATE AND LOCAL 
POLICE AGENCIES THAT ASSIST IN THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING 
AND
PROCESSING
ILLEGAL
ALIENS.—From amounts 
made available to make grants under this section, the Sec-
retary of Homeland Security shall make grants to States 
and political subdivisions of States for procurement of 
equipment, technology, facilities, and other products that 
facilitate and are directly related to investigating, appre-
hending, arresting, detaining, or transporting immigration 
law violators, including additional administrative costs in-
curred under this title. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State or political subdivision of a 
State must have the authority to, and have in effect the 
policy and practice to, assist in the enforcement of the 
immigration laws of the United States in the course of 
carrying out such agency’s routine law enforcement duties. 
(c) FUNDING.—There is authorized to be appro-
priated for grants under this section $1,000,000,000 for 
each fiscal year. 
(d) GAO AUDIT.—Not later than 3 years after the 
date of the enactment of this title, the Comptroller Gen-
eral of the United States shall conduct an audit of funds
distributed to States and political subdivisions of States 
under subsection (a). 
SEC. 108. INCREASED FEDERAL DETENTION SPACE. 
(a) CONSTRUCTION OR ACQUISITION OF DETENTION 
FACILITIES.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall construct or acquire, in addition to ex-
isting facilities for the detention of aliens, 20 deten-
tion facilities in the United States, with at least 500 
beds per facility, for aliens detained pending removal 
or a decision on removal of such alien from the 
United States. 
(2) DETERMINATIONS.—The location of any de-
tention facility built or acquired in accordance with 
this subsection shall be determined by the Deputy 
Assistant Director of the Detention Management Di-
vision of the Immigration and Customs Enforcement 
Office of Detention and Removal within the U.S. 
Immigration and Customs Enforcement. 
(3) USE OF INSTALLATIONS UNDER BASE CLO-
SURE LAWS.—In acquiring detention facilities under 
this subsection, the Secretary of Homeland Security 
shall consider the transfer of appropriate portions of 
military installations approved for closure or realign-
ment under the Defense Base Closure and Realign-
ment Act of 1990 (part A of title XXIX of Public 
Law 101–510; 10 U.S.C. 2687 note) for use in ac-
cordance with paragraph (1). 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this section. 
(c) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 241(g)(1) of the Immigration and Nationality Act 
(8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex-
pend’’ and inserting ‘‘shall expend’’. 
SEC. 109. FEDERAL CUSTODY OF ILLEGAL ALIENS APPRE-
HENDED BY STATE OR LOCAL LAW ENFORCE-
MENT. 
(a) STATE APPREHENSION.— 
(1) IN GENERAL.—Title II of the Immigration 
and Nationality Act (8 U.S.C. 1151 et seq.) is 
amended by inserting after section 240C the fol-
lowing: 
‘‘CUSTODY OF ILLEGAL ALIENS 
‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE 
AND LOCAL OFFICIALS.—If a State (or, if appropriate, 
a political subdivision of the State) exercising authority 
with respect to the apprehension or arrest of an illegal 
alien submits a request to the Secretary of Homeland Se-
curity that the alien be taken into Federal custody, the 
Secretary of Homeland Security—
‘‘(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, not later than 48 
hours after the illegal alien is apprehended, 
take the illegal alien into the custody of the 
Federal Government and incarcerate 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 at least one Federal, State, 
or local prison or jail or a private contracted prison 
or detention 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 Security. 
‘‘(b) POLICY ON DETENTION IN STATE AND LOCAL 
DETENTION
FACILITIES.—In 
carrying 
out 
section 
241(g)(1), the Attorney General or Secretary of Homeland 
Security shall ensure that an alien arrested under this Act 
shall be detained, pending the alien’s being taken for the 
examination under this section, in a State or local prison,
jail, detention center, or other comparable facility. Not-
withstanding any other provision of law or regulation, 
such facility is adequate for detention, if— 
‘‘(1) such a facility is the most suitably located 
Federal, State, or local facility available for such 
purpose under the circumstances; 
‘‘(2) an appropriate arrangement for such use 
of the facility can be made; and 
‘‘(3) such facility satisfies the standards for the 
housing, care, and security of persons held in cus-
tody of a United States marshal. 
‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 
Security shall reimburse States and political subdivisions 
of States for all reasonable expenses, as determined by the 
Secretary, incurred by the State or political subdivision 
in the incarceration and transportation of an illegal alien 
as described in subparagraphs (A) and (B) of subsection 
(a)(1). Compensation provided for costs incurred under 
such subparagraphs shall be the average cost of incarcer-
ation of a prisoner in the relevant State, as determined 
by the chief executive officer of a State (or, as appropriate, 
a political subdivision of the State) plus the cost of trans-
porting the criminal or illegal alien from the point of ap-
prehension, to the place of detention, and to the custody
transfer point if the place of detention and place of cus-
tody are different. 
‘‘(d) SECURE FACILITIES.—The Secretary of Home-
land Security shall ensure that illegal aliens incarcerated 
in Federal facilities pursuant to this Act are held in facili-
ties that provide an appropriate level of security. 
‘‘(e) TRANSFER.— 
‘‘(1) IN GENERAL.—In carrying out this sec-
tion, the Secretary of Homeland Security shall es-
tablish 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) CONTRACTS.—The Secretary of Homeland 
Security may enter into contracts, including appro-
priate private contracts, to implement this sub-
section. 
‘‘(f) DEFINITION.—For purposes of this section, the 
term ‘illegal alien’ means an alien who— 
‘‘(1) entered the United States without inspec-
tion or at any time, manner or place other than that 
designated by the Secretary of Homeland Security; 
‘‘(2) was admitted as a nonimmigrant and who, 
at the time the alien was taken into custody by the