I 
111TH CONGRESS 
1ST SESSION H. R. 2083 
To secure smuggling routes on the U.S.-Mexico border, better prevent the 
smuggling of narcotics and weapons across the border, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 23, 2009 
Mr. HUNTER (for himself, Mr. POE of Texas, Mr. BILBRAY, Mr. MARCHANT, 
Mr. ROYCE, Mr. CAMPBELL, Mr. ROHRABACHER, Mr. ALEXANDER, Mr. 
CALVERT, Mr. AKIN, Mr. GARY G. MILLER of California, and Mr. 
FRANKS of Arizona) introduced the following bill; which was referred to 
the Committee on the Judiciary, and in addition to the Committees on 
Homeland Security and Education and Labor, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To secure smuggling routes on the U.S.-Mexico border, better 
prevent the smuggling of narcotics and weapons across 
the border, 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 Sovereignty 
and Protection Act’’. 
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of such related security infrastructure) re-
quired under clause (i) and the construc-
tion of the Border Patrol access road re-
quired under clause (ii) by not later than 
the date that is one year after the date of 
the enactment of this subparagraph. 
‘‘(iv) PROHIBITION ON PREEXISTING 
FENCING TO SATISFY MILEAGE REQUIRE-
MENT.—In carrying out clause (i), the Sec-
retary may not consider fencing along the 
southwest border in existence on April 1, 
2009, for purposes of satisfying the mile-
age requirement under such clause.’’. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out the amendment made by subsection 
(a). 
SEC. 3. DEPARTMENT OF HOMELAND SECURITY AUTHOR-
ITY WITH REGARD TO DRUG OFFENSES. 
The Department of Homeland Security shall have full 
authority, concurrent with that of the Department of Jus-
tice, to investigate any criminal violation of the Controlled 
Substances Act or the Controlled Substances Import and 
Export Act. 
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SEC. 4. MANDATORY MINIMUM SENTENCE FOR FIREARMS 
SMUGGLING. 
(a) SMUGGLING INTO THE UNITED STATES.—Sec-
tion 924 of title 18, United States Code, is amended by 
adding at the end the following: 
‘‘(q) Whoever, in relation to a crime of violence (as 
defined in subsection (c)(3)) or a drug trafficking crime 
(as defined in subsection (c)(2)), smuggles or fraudulently 
or knowingly imports or brings into the United States a 
firearm, or attempts to do so, contrary to any law or regu-
lation of the United States shall be fined under this title, 
imprisoned not less than 15 years, or both.’’. 
(b) SMUGGLING OUT OF THE UNITED STATES.—Sec-
tion 554(a) of title 18, United States Code, is amended 
by inserting ‘‘, but if the merchandise, article, or object 
is a firearm (as defined in section 921) and the conduct 
described in this subsection occurs in relation to a crime 
of violence (as defined in section 924(c)(3)) or a drug traf-
ficking crime (as defined in section 924(c)(2)), the term 
of imprisonment for the offense shall be not less than 15 
years’’ after ‘‘or both’’. 
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SEC. 5. ELIGIBILITY REQUIREMENTS FOR STATE CRIMINAL 
ALIEN ASSISTANCE PROGRAM (SCAAP) FUND-
ING. 
Section 241(i) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended by adding at the end 
the following: 
‘‘(7) A State (or a political subdivision of a 
State) shall not be eligible to enter into a contrac-
tual arrangement under paragraph (1) if the State 
(or political subdivision)— 
‘‘(A) has in effect any law, policy, or proce-
dure in contravention of subsection (a) or (b) of 
section 642 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1373); or 
‘‘(B) prohibits State or local law enforce-
ment officials from gathering information re-
garding the citizenship or immigration status, 
lawful or unlawful, of any individual.’’. 
SEC. 6. EXPEDITED REMOVAL OF INADMISSIBLE ARRIVING 
ALIENS. 
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 
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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 has not been 
physically present in the United States 
continuously for the 3-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; 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 
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States, or who has not been admitted or 
paroled into the United States and has not 
been physically present in the United 
States continuously for the 3-year period 
immediately prior to the date of the deter-
mination of inadmissibility under this 
paragraph, is inadmissible under section 
212(a)(6)(C) or 212(a)(7), and the alien 
indicates either an intention to apply for 
asylum under section 208 or a fear of per-
secution, the officer shall refer the alien 
for an interview by an asylum officer under 
subparagraph (B) if the officer determines 
that the alien has been physically present 
in the United States for less than 1 year.’’. 
SEC. 7. EXPEDITED REMOVAL OF CRIMINAL ALIENS. 
(a) IN GENERAL.—Section 238 of the Immigration 
and Nationality Act (8 U.S.C. 1228) is amended— 
(1) by amending the section heading to read as 
follows: ‘‘EXPEDITED
REMOVAL
OF
CRIMINAL 
ALIENS’’; 
(2) in subsection (a), by amending the sub-
section heading to read as follows: ‘‘EXPEDITED RE-
MOVAL FROM CORRECTIONAL FACILITIES’’; 
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(3) in subsection (b), by amending the sub-
section heading to read as follows: ‘‘REMOVAL OF 
CRIMINAL ALIENS’’; 
(4) in subsection (b), by striking paragraphs 
(1) and (2) and inserting the following: 
‘‘(1) IN GENERAL.—The Secretary may, in the 
case of an alien described in paragraph (2), deter-
mine the deportability of such alien and issue an 
order of removal pursuant to the procedures set 
forth in this subsection or section 240. 
‘‘(2) ALIENS
DESCRIBED.—An alien is de-
scribed in this paragraph if the alien, whether or not 
admitted into the United States, was convicted of 
any criminal offense described in subparagraph 
(A)(iii), (C), or (D) of section 237(a)(2).’’; 
(5) in the first subsection (c) (relating to pre-
sumption of deportability), by striking ‘‘convicted of 
an aggravated felony’’ and inserting ‘‘described in 
paragraph (b)(2)’’; 
(6) by redesignating the second subsection (c) 
(relating to judicial removal) as subsection (d); and 
(7) in subsection (d)(5) (as so redesignated), by 
striking ‘‘, who is deportable under this Act,’’. 
(b) 
LIMIT
ON
INJUNCTIVE
RELIEF.—Section 
242(f)(2) of such Act (8 U.S.C. 1252(f)(2)) is amended 
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by inserting ‘‘or stay, whether temporarily or otherwise,’’ 
after ‘‘enjoin’’. 
SEC. 
8. 
MANDATORY 
EMPLOYMENT 
AUTHORIZATION 
VERIFICATION. 
(a) MAKING BASIC PILOT PROGRAM PERMANENT.— 
Section 401(b) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is amended by adding before the period at the end of the 
last sentence the following ‘‘, except that the basic pilot 
program described in section 403(a) shall be a permanent 
program’’. 
(b) MANDATORY USE OF E-VERIFY SYSTEM.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), every person or other entity that hires one 
or more individuals for employment in the United 
States shall verify through the E-Verify program, es-
tablished as the basic pilot program by section 
403(a) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1324a note), that each 
such individual is authorized to work in the United 
States. The Secretary of Homeland Security shall 
ensure that verification by means of a toll-free tele-
phone line is an available option in complying with 
the preceding sentence. 
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(2) SELECT
ENTITIES
REQUIRED
TO
USE
E- 
VERIFY PROGRAM IMMEDIATELY.—The following en-
tities must satisfy the requirement in paragraph (1) 
by not later than one year after the date of the en-
actment of this Act: 
(A) FEDERAL
AGENCIES.—Each depart-
ment and agency of the Federal Government. 
(B) FEDERAL
CONTRACTORS.—A con-
tractor that— 
(i) has entered into a contract with 
the Federal Government to which section 
2(b)(1) of the Service Contract Act of 
1965 (41 U.S.C. 351(b)(1)) applies, and 
any subcontractor under such contract; or 
(ii) has entered into a contract ex-
empted from the application of such Act by 
section 6 of such Act (41 U.S.C. 356), and 
any subcontractor under such contract; 
and 
(C) LARGE
EMPLOYERS.—An employer 
that employs more than 250 individuals in the 
United States. 
(3) PHASING-IN FOR OTHER EMPLOYERS.— 
(A) 2 YEARS FOR EMPLOYERS OF 100 OR 
MORE.—Entities that employ 100 or more indi-
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viduals in the United States must satisfy the 
requirement in paragraph (1) by not later than 
two years after the date of the enactment of 
this Act. 
(B) 3 YEARS FOR EMPLOYERS WITH 30 OR 
MORE EMPLOYEES.—All entities that employ 30 
or more individuals in the United States must 
satisfy the requirement in paragraph (1) by not 
later than three years after the date of the en-
actment of this Act. 
(C) 4 YEARS FOR ALL EMPLOYERS.—All 
entities that employ one or more individuals in 
the United States must satisfy the requirement 
in paragraph (1) by not later than four years 
after the date of the enactment of this Act. 
(4) VERIFYING EMPLOYMENT AUTHORIZATION 
OF CURRENT EMPLOYEES.—Every person or other 
entity that employs one or more persons in the 
United States shall verify through the E-Verify pro-
gram by not later than four years after the date of 
the enactment of this Act that each employee is au-
thorized to work in the United States. 
(5) DEFENSE.—An employer who has complied 
with the requirements in paragraphs (1) and (4) 
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shall not be liable for hiring an unauthorized alien, 
if— 
(A) such hiring occurred due to an error in 
the E-Verify program that was unknown to the 
employer at the time of such hiring; and 
(B) the employer terminates the employ-
ment of the alien upon being informed of the 
error. 
(6) SANCTIONS
FOR
NONCOMPLIANCE.—The 
failure of an employer to comply with the require-
ments in paragraphs (1) or (4) shall— 
(A) be treated as a violation of section 
274A(a)(1)(B) with respect to each offense; and 
(B) create a rebuttable presumption that 
the 
employer 
has 
violated 
section 
274A(a)(1)(A). 
(7) VOLUNTARY PARTICIPATION OF EMPLOYERS 
NOT
IMMEDIATELY
SUBJECT
TO
REQUIREMENT.— 
Nothing in this subsection shall be construed as pre-
venting a person or other entity that is not imme-
diately subject to the requirement of paragraph (1) 
pursuant to paragraph (2) or (3) from voluntarily 
using the E-Verify program to verify the employ-
ment authorization of new hires or current employ-
ees. 
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(8) STATE
INTERFERENCE.—No State may 
prohibit a person or other entity from using the E- 
verify program to verify the employment authoriza-
tion of new hires or current employees. 
Æ 
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