I 
109TH CONGRESS 
1ST SESSION H. R. 4313 
To amend the Immigration and Nationality Act and other Act to provide 
for true enforcement and border security, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 14, 2005 
Mr. HUNTER (for himself, Mr. GOODE, Mr. DAVIS of Kentucky, Mr. ISSA, Mr. 
BILIRAKIS, Mr. ROYCE, Mr. FORBES, Mr. DEAL of Georgia, Mr. CAL-
VERT, Mr. HAYWORTH, Mr. TANCREDO, Mr. CUNNINGHAM, Mr. NOR-
WOOD, Mr. SULLIVAN, Mr. FRANKS of Arizona, Mr. GARRETT of New 
Jersey, Ms. FOXX, Mr. MARCHANT, Mr. GARY G. MILLER of California, 
Mr. CULBERSON, Mr. WALDEN of Oregon, Mr. KUHL of New York, and 
Mr. TAYLOR of North Carolina) introduced the following bill; which was 
referred to the Committee on the Judiciary, and in addition to the Com-
mittees on Homeland Security, Ways and Means, and Government Re-
form, 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 amend the Immigration and Nationality Act and other 
Act to provide for true enforcement and 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 
‘‘TRUE Enforcement and Border Security 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. Severability. 
TITLE I—SOUTHWEST BORDER SECURITY 
Sec. 101. Construction of fencing and security improvements in border area 
from Pacific Ocean to Gulf of Mexico. 
Sec. 102. Border patrol agents. 
Sec. 103. Increased availability of Department of Defense equipment to assist 
with surveillance of southern international land border of the 
United States. 
Sec. 104. Ports of entry. 
Sec. 105. Authorization of appropriations. 
TITLE II—FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT 
Subtitle A—Additional Federal Resources 
Sec. 201. Necessary assets for controlling United States borders. 
Sec. 202. Additional immigration personnel. 
Sec. 203. Additional worksite enforcement and fraud detection agents. 
Sec. 204. Document fraud detection. 
Subtitle B—Maintaining Accurate Enforcement Data on Aliens 
Sec. 211. Entry-exit system. 
Sec. 212. Alien registration. 
Sec. 213. State and local law enforcement provision of information regarding 
aliens. 
Sec. 214. Listing of immigration violators in the national crime information 
center database. 
Subtitle C—Detention of Aliens and Reimbursement of Costs 
Sec. 221. Increaseof Federal detention space and the utilization of facilities 
identified for closures as a result of the Defense Base Closure 
Realignment Act of 1990. 
Sec. 222. Federal custody of illegal aliens apprehended by State or local law 
enforcement. 
Sec. 223. Institutional Removal Program. 
Subtitle D—State, Local, and Tribal Enforcement of Immigration Laws 
Sec. 231. Congressional affirmation of immigration law enforcement authority 
by States and political subdivisions of States. 
Sec. 232. Immigration law enforcement training of State and local law enforce-
ment personnel. 
Sec. 233. Communication between government agencies and the Department of 
Homeland Security. 
Sec. 234. Reducing illegal immigration and alien smuggling on tribal lands. 
Sec. 235. Immunity. 
Subtitle E—Additional Provisions
Sec. 241. No preferential treatment of aliens not lawfully present for public 
benefits. 
Sec. 242. Authorized appropriations. 
TITLE III—VISA REFORM AND ALIEN STATUS 
Subtitle A—Limitations on Visa Issuance, Validity Due to Abuse, and 
Suspension of the Visa Waiver Program 
Sec. 301. Curtailment of visas for countries denying or delaying repatriation of 
nationals. 
Sec. 302. Cancellation of visas. 
Sec. 303. No judicial review of visa revocation. 
Sec. 304. Suspension of visa waiver program. 
Sec. 305. Elimination of diversity immigrant program. 
Sec. 306. Extended family preference categories. 
Sec. 307. Sponsorship levels. 
Subtitle B—Visa Term Compliance Bonds 
Sec. 311. Definition and issuance of visa term compliance bonds. 
Sec. 312. Release of aliens in removal proceedings. 
Sec. 313. Detention of aliens delivered by bondsmen. 
Subtitle C—Adjustment of Alien Status 
Sec. 321. Adjustment of status for certain aliens. 
Sec. 322. Expansion of naturalization requirement to certain nonimmigrant 
aliens. 
Sec. 323. Temporary protected status. 
Sec. 324. Completion of background and security checks. 
Sec. 325. Denial of benefits to terrorists and criminals. 
Sec. 326. Repeal of section 245(i). 
Sec. 327. Authorized appropriations. 
TITLE IV—WORKPLACE ENFORCEMENT AND IDENTIFICATION 
INTEGRITY 
Subtitle A—In General 
Sec. 401. Short title. 
Sec. 402. Congressional findings. 
Sec. 403. Effective dates; implementation. 
Subtitle B—Reform of the Work Eligibility Verification System 
Sec. 411. Basic pilot program renamed interim work eligibility verification pro-
gram; verification requirement for independent contractors. 
Sec. 412. Work Eligibility Verification System. 
Sec. 413. Protection for United States workers and individuals reporting immi-
gration law violations. 
Sec. 414. Inadmissibility for failure to present documentation of work eligi-
bility. 
Subtitle C—Work Eligibility Verification Reform in the Social Security 
Administration 
Sec. 421. Alien work eligibility database.
Sec. 422. Anti-fraud measures for social security cards. 
Sec. 423. Notification by commissioner of failure to correct social security in-
formation. 
Sec. 424. Restriction on access and use; no national identification card. 
Sec. 425. Sharing of information with the commissioner of Internal Revenue 
Service. 
Sec. 426. Sharing of information with the Secretary of Homeland Security. 
Subtitle D—Work Eligibility Verification System Reform in the Internal 
Revenue Agency 
Sec. 431. Sharing of information with the Secretary of Homeland Security and 
the Commissioner of Social Security. 
Sec. 432. Ineligibility for nonresident alien tax status. 
Sec. 433. Unlawful use of individual taxpayer identification numbers. 
Sec. 434. No deduction allowed for compensation paid to unauthorized workers. 
Subtitle E—Identification Document Integrity 
Sec. 441. Consular identification documents. 
Sec. 442. Machine-readable tamper-resistant immigration documents. 
Sec. 443. Birth certificates. 
Subtitle F—Limitations on Illegal Alien Collection of Social Security 
Sec. 451. Exclusion of unauthorized employment from employment upon which 
creditable wages may be based. 
Sec. 452. Exclusion of unauthorized functions and services from trade or busi-
ness from which creditable self-employment income may be de-
rived. 
Sec. 453. Effective date. 
Sec. 454. Authorized appropriations. 
TITLE V—PENALTIES AND ENFORCEMENT 
Subtitle A—Criminal and Civil Penalties 
Sec. 501. Criminal penalties for alien smuggling. 
Sec. 502. Strengthened enforcement of alien registration laws. 
Sec. 503. Criminal and civil penalties for entry of aliens at improper time or 
place, avoidance of examination or inspection, unlawful pres-
ence and misrepresentation or concealment of facts. 
Sec. 504. Civil and criminal penalties for aliens unlawfully present in the 
United States. 
Sec. 505. Increased penalties for reentry of removed aliens. 
Sec. 506. Civil and criminal penalties for document fraud, benefit fraud, and 
false claims of citizenship. 
Sec. 507. Rendering inadmissible and deportable aliens participating in criminal 
street gangs. 
Sec. 508. Mandatory detention of suspected criminal street gang members. 
Sec. 509. Ineligibility from protection from removal and asylum. 
Sec. 510. Penalties for misusing social security numbers or filing false informa-
tion with Social Security Administration. 
Subtitle B—Detention, Removal and Departure 
Sec. 511. Voluntary departure. 
Sec. 512. Expedited exclusion.
Sec. 513. Expedited removal of criminal aliens. 
Sec. 514. Reinstatement of previous removal orders. 
Sec. 515. Cancellation of removal. 
Sec. 516. Detention of dangerous aliens. 
Sec. 517. Alternatives to detention. 
Sec. 518. Release of aliens from noncontiguous countries. 
Sec. 519. Continuances; changes of venue. 
Sec. 520. Authorization of appropriations. 
SEC. 2. SEVERABILITY. 
If any provision of this Act, including any amend-
ment made by this Act, or the application of such provi-
sion to any person or circumstance, is held invalid, the 
remainder of this Act, and the application of such provi-
sion to other persons not similarly situated or to other 
circumstances, shall not be affected by such invalidation. 
TITLE I—SOUTHWEST BORDER 
SECURITY 
SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IM-
PROVEMENTS IN BORDER AREA FROM PA-
CIFIC OCEAN TO GULF OF MEXICO. 
Section 102(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1103 note) is amended— 
(1) in the heading by striking ‘‘NEAR SAN 
DIEGO, CALIFORNIA’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) SECURITY FEATURES.— 
‘‘(A) REINFORCED FENCING.—