I 
110TH CONGRESS 
1ST SESSION H. R. 3531 
To amend the Immigration and Nationality Act to improve the interior 
enforcement of the immigration laws of the United States, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2007 
Ms. GINNY BROWN-WAITE of Florida (for herself, Mr. MILLER of Florida, 
Mrs. DRAKE, Mr. BILBRAY, and Mr. TANCREDO) introduced the following 
bill; which was referred to the Committee on the Judiciary, and in addi-
tion to the Committee on Homeland Security, 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 amend the Immigration and Nationality Act to improve 
the interior enforcement of the immigration laws of the 
United States, 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 
‘‘Accountability in Enforcing Immigration Laws Act of 
2007’’. 
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(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ILLEGAL IMMIGRATION 
Sec. 101. Making illegal immigration a felony. 
Sec. 102. Detention of illegal aliens. 
Sec. 103. State and local law enforcement bonuses. 
Sec. 104. Employment investigations and restrictions for airport workers. 
Sec. 105. Terrorist watchlist and immigration status review for high-risk crit-
ical infrastructure. 
Sec. 106. Declaration of Congress regarding rapes along the border with Mex-
ico. 
TITLE II—ENFORCEMENT 
Sec. 201. Federal affirmation of assistance in the immigration law enforcement 
by States and political subdivisions of States. 
Sec. 202. Training of State and local law enforcement personnel relating to the 
enforcement of immigration laws. 
Sec. 203. Financial assistance to State and local police agencies that assist in 
the enforcement of immigration laws. 
Sec. 204. Institutional removal program (IRP). 
Sec. 205. State criminal alien assistance program (SCAAP). 
Sec. 206. State authorization for assistance in the enforcement of immigration 
laws encouraged. 
Sec. 207. Listing of immigration violators in the National Crime Information 
Center database. 
TITLE I—ILLEGAL IMMIGRATION 
SEC. 101. MAKING ILLEGAL IMMIGRATION A FELONY. 
Section 275(a) of the Immigration and Nationality 
Act (8 U.S.C. 1325(a)) is amended by striking ‘‘or impris-
oned not more than 6 months, or both, and, for a subse-
quent commission of any such offense, be fined under title 
18, United States Code’’. 
SEC. 102. DETENTION OF ILLEGAL ALIENS. 
(a) IN GENERAL.—The Commissioner of United 
State Immigration and Customs Enforcement shall pro-
vide— 
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(1) for the detention of all aliens unlawfully 
present in the United States who are apprehended 
by State or local law enforcement officers; and 
(2) in the case of a State or local government 
the law enforcement agency of which detains such an 
alien, for the payment to such government of the per 
diem rate to detain such alien from the time of noti-
fication to United States Immigration and Customs 
Enforcement by such government of such detention 
until such alien is removed from such detention. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out subsection (a). 
SEC. 103. STATE AND LOCAL LAW ENFORCEMENT BONUSES. 
The Secretary of Homeland Security is authorized, 
under the program carried out under section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)), to 
pay bonuses to State and local law enforcement agencies 
for assistance in enforcing immigration laws. 
SEC. 104. EMPLOYMENT INVESTIGATIONS AND RESTRIC-
TIONS FOR AIRPORT WORKERS. 
Section 44936(a)(1) of title 49, United States Code, 
is amended in subparagraphs (A) and (B)— 
(1) by inserting ‘‘, immigration status check,’’ 
after ‘‘criminal history record check’’; and 
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(2) by inserting ‘‘on an annual basis’’ after ‘‘be 
conducted’’. 
SEC. 105. TERRORIST WATCHLIST AND IMMIGRATION STA-
TUS REVIEW FOR HIGH-RISK CRITICAL IN-
FRASTRUCTURE. 
There are authorized to be appropriated to the Sec-
retary of Homeland Security such sums as may be nec-
essary for the Secretary to require, as a condition of re-
ceipt of a grant under the Buffer Zone Protection Pro-
gram for a Tier I or Tier II critical infrastructure site, 
that the owner and operator of the site conduct checks 
of their employees whose functions affect the security of 
the site against available terrorist watchlists and immigra-
tion status databases. 
SEC. 106. DECLARATION OF CONGRESS REGARDING RAPES 
ALONG THE BORDER WITH MEXICO. 
Congress condemns rapes by smugglers along the 
international land border of the United States and urges 
in the strongest possible terms the Government of Mexico 
to work in coordination with United States Customs and 
Border Protection take immediate action to prevent such 
rapes from occurring. 
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TITLE II—ENFORCEMENT 
SEC. 201. FEDERAL AFFIRMATION OF ASSISTANCE IN THE 
IMMIGRATION 
LAW 
ENFORCEMENT 
BY 
STATES AND POLITICAL SUBDIVISIONS OF 
STATES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law and reaffirming the existing inherent authority 
of States, law enforcement personnel of a State or a polit-
ical subdivision of a State have the inherent authority of 
a sovereign entity to investigate, identify, apprehend, ar-
rest, 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 Congress. 
(b) CONSTRUCTION.—Nothing in this section may be 
construed to require law enforcement personnel of a State 
or political subdivision of a State to— 
(1) report the identity of a victim of, or a wit-
ness to, a criminal offense to the Secretary of Home-
land Security for immigration enforcement purposes; 
or 
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(2) arrest such victim or witness for a violation 
of the immigration laws of the United States. 
SEC. 202. TRAINING OF STATE AND LOCAL LAW ENFORCE-
MENT PERSONNEL RELATING TO THE EN-
FORCEMENT OF IMMIGRATION LAWS. 
(a) ESTABLISHMENT
OF TRAINING MANUAL
AND 
POCKET GUIDE.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Homeland 
Security shall establish— 
(1) a training manual for law enforcement per-
sonnel of a State or political subdivision of a State 
to train such personnel in the investigation, identi-
fication, apprehension, arrest, detention, and trans-
fer to Federal custody of aliens in the United States 
(including the transportation of such aliens across 
State lines to detention centers and the identifica-
tion of fraudulent documents); and 
(2) an immigration enforcement pocket guide 
for law enforcement personnel of a State or political 
subdivision of a State to provide a quick reference 
for such personnel in the course of duty. 
(b) AVAILABILITY.—The training manual and pocket 
guide established in accordance with subsection (a) shall 
be made available to all State and local law enforcement 
personnel. 
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(c) APPLICABILITY.—Nothing in this section shall be 
construed to require State or local law enforcement per-
sonnel to carry the training manual or pocket guide estab-
lished under subsection (a)(2) with them while on duty. 
(d) COSTS.—The Secretary of Homeland Security 
shall be responsible for any and all costs incurred in estab-
lishing the training manual and pocket guide under sub-
section (a). 
(e) TRAINING FLEXIBILITY.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall make training of State and local law 
enforcement officers available through as many 
means as possible, including residential training at 
the Center for Domestic Preparedness, onsite train-
ing held at State or local police agencies or facilities, 
online training courses by computer, teleconfer-
encing, and videotape, or the digital video display 
(DVD) of a training course or courses. E-learning 
through a secure, encrypted distributed learning sys-
tem that has all its servers based in the United 
States, is sealable, survivable, and can have a portal 
in place within 30 days, shall be made available by 
the Federal Law Enforcement Training Center Dis-
tributed Learning Program for State and local law 
enforcement personnel. 
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(2) FEDERAL
PERSONNEL
TRAINING.—The 
training of State and local law enforcement per-
sonnel under this section shall not displace the train-
ing of Federal personnel. 
(3) CLARIFICATION.—Nothing in this Act or 
any other provision of law shall be construed as 
making any immigration-related training a require-
ment for, or prerequisite to, any State or local law 
enforcement officer to assist in the enforcement of 
Federal immigration laws in the normal course of 
carrying out their normal law enforcement duties. 
(f) TRAINING LIMITATION.—Section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)) is 
amended— 
(1) by striking ‘‘Attorney General’’ and insert-
ing ‘‘Secretary of Homeland Security’’ each place it 
appears; and 
(2) in paragraph (2), by adding at the end the 
following new sentence: ‘‘Such training shall not ex-
ceed 14 days or 80 hours, whichever is longer.’’. 
SEC. 203. 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 
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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 Act. 
(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 
to 
the 
Secretary 
of 
Homeland 
Security 
$250,000,000 for fiscal year 2008 and each subsequent 
fiscal year to make grants under this section. 
(d) GAO AUDIT.—Not later than three years after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall conduct an audit of 
funds distributed to States and political subdivisions of 
States under subsection (a). 
SEC. 204. INSTITUTIONAL REMOVAL PROGRAM (IRP). 
(a) CONTINUATION AND EXPANSION.— 
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(1) IN GENERAL.—The Secretary of Homeland 
Security shall continue to operate and implement the 
program known as the Institutional Removal Pro-
gram (IRP) which— 
(A) identifies removable criminal aliens in 
Federal and State correctional facilities; 
(B) ensures such aliens are not released 
into the community; and 
(C) removes such aliens from the United 
States after the completion of their sentences. 
(2) EXPANSION.—The institutional removal 
program shall be extended to all States. Any State 
that receives Federal funds for the incarceration of 
criminal aliens shall— 
(A) cooperate with officials of the institu-
tional removal program; 
(B) expeditiously and systematically iden-
tify criminal aliens in its prison and jail popu-
lations; and 
(C) promptly convey such information to 
officials of such program as a condition for re-
ceiving such funds. 
(b) AUTHORIZATION FOR DETENTION AFTER COM-
PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 
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enforcement officers of a State or political subdivision of 
a State are authorized to— 
(1) hold an illegal alien for a period of up to 
14 days after the alien has completed the alien’s 
State prison sentence in order to effectuate the 
transfer of the alien to Federal custody when the 
alien is removable or not lawfully present in the 
United States; or 
(2) issue a detainer that would allow aliens who 
have served a State prison sentence to be detained 
by the State prison until personnel from United 
States Immigration and Customs Enforcement can 
take the alien into custody. 
(c) TECHNOLOGY USAGE.—Technology such as video 
conferencing shall be used to the maximum extent possible 
in order to make the Institutional Removal Program 
(IRP) available in remote locations. Mobile access to Fed-
eral databases of aliens, such as IDENT, and live scan 
technology shall be used to the maximum extent prac-
ticable in order to make these resources available to State 
and local law enforcement agencies in remote locations. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Home-
land Security to carry out the Institutional Removal Pro-
gram— 
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(1) $100,000,000 for fiscal year 2008; 
(2) $115,000,000 for fiscal year 2009; 
(3) $130,000,000 for fiscal year 2010; 
(4) $145,000,000 for fiscal year 2011; and 
(5) $160,000,000 for fiscal year 2012. 
SEC. 205. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 
(SCAAP). 
Section 241(i)(5) of the Immigration and Nationality 
Act (8 U.S.C. 1231(i)) is amended by inserting before the 
period at the end the following: ‘‘and $1,000,000,000 for 
each subsequent fiscal year’’. 
SEC. 206. STATE AUTHORIZATION FOR ASSISTANCE IN THE 
ENFORCEMENT OF IMMIGRATION LAWS EN-
COURAGED. 
(a) IN GENERAL.—Effective six months after the 
date of the enactment of this Act, a State, or political sub-
division 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 25 percent 
of the non-emergency funds that would otherwise be allo-
cated to the State, or to the political subdivision of the 
State, from the Department of Homeland Security. If the 
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Secretary of Homeland Security determines that such is 
appropriate, the Secretary may withhold an additional 25 
percent of such funds that would otherwise be so allocated. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall require a law enforcement official from a State 
or a political subdivision of a State to report or arrest 
victims or witnesses of a criminal offense. 
(c) REALLOCATION OF FUNDS.—Any funds that are 
not allocated to a State or to political subdivision of a 
State due to the failure of the State or the political sub-
division of a State to comply with subsection (a) shall be 
reallocated to States or political subdivisions of States that 
comply with such subsection. 
SEC. 207. 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 Act, the Under Secretary for Border and Transpor-
tation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of 
the Department of Justice with such information as the 
Under Secretary may have on any aliens against whom 
a final order of removal has been issued, any aliens who 
have signed a voluntary departure agreement, any aliens 
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who have overstayed their authorized period of stay, and 
any aliens whose visas have been revoked. Such informa-
tion 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, re-
gardless 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 new paragraph: 
‘‘(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 
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identifying information is available on the alien and 
even if the alien has already been removed.’’. 
Æ 
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