I 
109TH CONGRESS 
1ST SESSION H. R. 4437 
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 
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 Immigra-
tion 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. 
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 
reentering 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. 
TITLE III—BORDER SECURITY COOPERATION AND 
ENFORCEMENT 
Sec. 301. Joint strategic plan for United States border surveillance and sup-
port. 
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 
activities. 
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 ac-
cepting alien. 
Sec. 405. Report on financial burden of repatriation. 
Sec. 406. Training program. 
Sec. 407. Expedited removal. 
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)). 
TITLE I—SECURING UNITED 
STATES BORDERS 
SEC. 101. ACHIEVING OPERATIONAL CONTROL ON THE 
BORDER. 
(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 fol-
lowing— 
(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 cam-
eras;
(2) physical infrastructure enhancements to 
prevent unlawful entry by aliens into the United 
States and facilitate access to the international land 
and maritime borders by United States Customs and 
Border 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 
Customs and Border Protection personnel to areas 
along the international land and maritime borders of 
the United States where there are high levels of un-
lawful 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 appro-
priate congressional committees a comprehensive plan for 
the systematic surveillance of the international land and 
maritime borders of the United States. The plan shall in-
clude the following: 
(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 exist-
ing surveillance technologies. 
(3) A description of how the United States Cus-
toms and Border Protection is working, or is ex-
pected to work, with the Directorate of Science and 
Technology of the Department of Homeland Secu-
rity to identify and test surveillance technology. 
(4) A description of the specific surveillance 
technology 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 
continued maintenance of such technologies. 
(7) A description of how the Department of 
Homeland Security is working with the Federal 
Aviation Administration on safety and airspace con-
trol issues associated with the use of unmanned aer-
ial vehicles 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 con-
sultation with the heads of other appropriate Federal 
agencies, shall submit to the appropriate congressional 
committees a National Strategy for Border Security to 
achieve operational 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 Security of the House of Representatives, 
not later than 30 days after each such update, the updated 
Strategy. The National Strategy for Border Security shall 
include the following: 
(1) The implementation timeline for the surveil-
lance plan described in subsection (a). 
(2) An assessment of the threat posed by ter-
rorists 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 inter-
national land and maritime borders of the United 
States with respect to— 
(A) preventing the entry of terrorists, 
other unlawful aliens, instruments of terrorism, 
narcotics, 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, 
practical, and cost-effective means of defending the 
international land and maritime borders of the 
United States against threats to security and illegal 
transit, including intelligence capacities, technology, 
equipment, personnel, and training needed to ad-
dress security vulnerabilities. 
(5) An assessment of staffing needs for all bor-
der security functions, taking into account threat 
and vulnerability information pertaining to the bor-
ders and the impact of new security programs, poli-
cies, 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 inter-
national 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 Security required under this subsection and 
the mandatory detention requirement described in 
section 301 of this Act. 
(10) A description of how the Secretary shall 
ensure accountability and performance metrics with-
in the appropriate agencies of the Department of 
Homeland Security responsible for implementing the 
border security measures determined necessary upon
completion of the National Strategy for Border Se-
curity. 
(11) A timeline for the implementation of the 
additional security measures determined necessary 
as part of the National Strategy for Border Secu-
rity, including a prioritization of security measures, 
realistic deadlines for addressing the security and 
enforcement needs, and resource estimates and allo-
cations. 
(c) CONSULTATION.—In creating the National Strat-
egy for Border Security described in subsection (b), the 
Secretary 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 sec-
tor and nongovernmental organizations with relevant 
expertise. 
(d) PRIORITY OF NATIONAL STRATEGY.—The Na-
tional Strategy for Border Security described in subsection 
(b) shall be the controlling document for security and en-
forcement 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 responsi-
bility 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-
rity described in subsection (b) to the Committee on 
Homeland Security of the House of Representatives, such 
Committee shall promptly report to the House legislation 
authorizing necessary security measures based on its eval-
uation of the National Strategy for Border Security. 
(g) APPROPRIATE CONGRESSIONAL COMMITTEE.— 
For purposes of this title, the term ‘‘appropriate congres-
sional committee’’ has the meaning given it in section 2(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 101(2)). 
SEC. 103. IMPLEMENTATION OF CROSS-BORDER SECURITY 
AGREEMENTS. 
(a) IN GENERAL.—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 (as defined in section 102(g)) a re-
port on the implementation of the cross-border security 
agreements signed by the United States with Mexico and
Canada, including recommendations on improving co-
operation with such countries to enhance border security. 
(b) UPDATES.—The Secretary shall regularly update 
the Committee on Homeland Security of the House of 
Representatives concerning such implementation. 
SEC. 104. BIOMETRIC DATA ENHANCEMENTS. 
Not later than October 1, 2006, the Secretary of 
Homeland Security shall— 
(1) in consultation with the Attorney General, 
enhance connectivity between the IDENT and 
IAFIS fingerprint databases to ensure more expedi-
tious data searches; and 
(2) in consultation with the Secretary of State, 
collect ten fingerprints from each alien required to 
provide fingerprints during the alien’s initial enroll-
ment in the integrated entry and exit data system 
described in section 110 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1221 note). 
SEC. 105. ONE FACE AT THE BORDER INITIATIVE. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Homeland Security shall 
submit to Congress a report—