TITLE 
VII—PROHIBITING 
ILLEGALS FROM OBTAINING 
FINANCIAL SERVICES 
SEC. 701. FOREIGN-ISSUED FORMS OF IDENTIFICATION 
PROHIBITED AS PROOF OF IDENTITY TO 
OPEN ACCOUNTS AT FINANCIAL INSTITU-
TIONS. 
Section 5318(l) of title 31, United States Code (relat-
ing to identification and verification of accountholders) is 
inserting after paragraph (6) (as added by section 202) 
the following new paragraph: 
‘‘(7) PROHIBITION ON USE OF IDENTIFICATION 
ISSUED BY A FOREIGN GOVERNMENT.—A financial 
institution may not accept any form of identification 
that was issued by a foreign government, other than 
a passport that meets the requirement of paragraph 
(6), for use in verifying the identity of a person in 
connection with the opening of an account by such 
person at the financial institution, including a 
matricula consular issued in the United States by a 
duly authorized consular officer of the Government 
of Mexico.’’. 
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SEC. 702. ‘‘KNOW YOUR CUSTOMER’’ REGULATIONS AP-
PLIED TO CERTAIN TRANSMITTING BUSI-
NESSES. 
Section 5318(m) of title 31, United States Code, is 
amended by striking ‘‘promulgated pursuant to the au-
thority contained in’’ and inserting ‘‘prescribed under 
paragraph (1) of subsection (l) (notwithstanding para-
graph (5) of such subsection) or’’. 
SEC. 703. REQUIREMENTS RELATING TO THE UNITED 
STATES POSTAL SERVICE. 
(a) IN GENERAL.—The United States Postal Service 
shall take such measures as may be necessary to ensure 
that in the administration of any international wire trans-
fer service, no transfer may be made unless the sender 
presents an acceptable form of identification, as deter-
mined in accordance with section 201. 
(b) DEFINITION.—For purposes of this section, the 
term ‘‘international wire transfer service’’ means any pro-
gram or service, administered by the United States Postal 
Service, which provides for the international electronic 
transfer of money. 
(c) EFFECTIVE DATE.—The requirements of this sec-
tion shall take effect six months after the date of the en-
actment of this Act. 
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SEC. 704. APPLICABILITY OF IDENTIFICATION RULES TO 
CERTAIN TRANSACTIONS INVOLVING THE 
FEDERAL RESERVE BOARD, INCLUDING THE 
DIRECTO A ME´ XICO PROGRAM. 
(a) IN GENERAL.—The Board of Governors of the 
Federal Reserve System shall take such measures as may 
be necessary to ensure that in the administration of any 
international wire transfer service or settlement services, 
including any automated clearing house transaction such 
as the Directo a Me´xicoTM program, no transfer may be 
made unless the financial institution involved has certified 
that the sender has presented an acceptable form of identi-
fication, as determined in accordance with section 202(a). 
(b) DEFINITION.—For purposes of this section, the 
term ‘‘international wire transfer service or settlement’’ 
means any program or service, administered by the Board 
of Governors of the Federal Reserve System directly or 
through any Federal reserve bank, including the Fedwire 
Funds Service, which provides for the international elec-
tronic transfer of funds. 
(c) EFFECTIVE DATE.—The requirements of this sec-
tion shall take effect six months after the date of the en-
actment of this Act. 
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TITLE VIII—BORDER AND LAW 
ENFORCEMENT 
SEC. 801. CONSTRUCTION OF BORDER FENCING AND SECU-
RITY IMPROVEMENTS. 
(a) IN GENERAL.—Section 102(b)(1) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1103 note) is amended to read as follows: 
‘‘(1) SECURITY FEATURES.— 
‘‘(A) REINFORCED FENCING.—In carrying 
out subsection (a), the Secretary of Homeland 
Security shall provide for at least 2 layers of re-
inforced fencing, the installation of additional 
physical barriers, roads, lighting, cameras, and 
sensors— 
‘‘(i) extending from 10 miles west of 
the Tecate, California, port of entry to 10 
miles east of the Tecate, California, port of 
entry; 
‘‘(ii) extending from 10 miles west of 
the Calexico, California, port of entry to 5 
miles east of the Douglas, Arizona, port of 
entry; 
‘‘(iii) extending from 5 miles west of 
the Columbus, New Mexico, port of entry 
to 10 miles east of El Paso, Texas; 
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‘‘(iv) extending from 5 miles north-
west of the Del Rio, Texas, port of entry 
to 5 miles southeast of the Eagle Pass, 
Texas, port of entry; and 
‘‘(v) extending 15 miles northwest of 
the Laredo, Texas, port of entry to the 
Brownsville, Texas, port of entry. 
‘‘(B) COMPLETION DATES.—With respect 
to the border area described in subparagraph 
(A), the Secretary shall ensure that the duties 
required under such subparagraph are com-
pleted by not later than July 31, 2009. 
‘‘(C) EXCEPTION.—If the topography of a 
specific area has an elevation grade that ex-
ceeds 10 percent, the Secretary may use other 
means to secure such area, including the use of 
surveillance and barrier tools.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Home-
land Security such sums as may be necessary to carry out 
the amendment made by subsection (a). 
(c) REPEALS.—Subsection (b) of section 564 of divi-
sion E of the Consolidated Appropriations Act, 2008 
(Public Law 110–161) is repealed. The amendment made 
by subsection (a)(2)(A) of such section is repealed. 
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SEC. 802. INCREASE IN FULL-TIME BORDER PATROL 
AGENTS. 
Section 5202 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458; 118 
Stat. 3734) is amended to read as follows: 
‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL 
AGENTS. 
‘‘(a) ANNUAL INCREASES.—The Secretary of Home-
land Security shall, subject to the availability of appropria-
tions for such purpose, increase the number of positions 
for full-time active-duty Border Patrol agents within the 
Department of Homeland Security (above the number of 
positions for which funds were appropriated for the pre-
ceding fiscal year), by— 
‘‘(1) 2,500 in fiscal year 2008; 
‘‘(2) 2,000 in fiscal year 2009; 
‘‘(3) 1,500 in fiscal year 2010; 
‘‘(4) 1,000 in fiscal year 2011; and 
‘‘(5) 1,000 in fiscal year 2012. 
‘‘(b) ALLOCATIONS.—Of the Border Patrol agents 
hired under subsection (a), 80 percent shall be deployed 
along the southern border of the United States and 20 
percent shall be deployed along the northern border of the 
United States. 
‘‘(c) AUTHORIZATION
OF
APPROPRIATIONS.—The 
necessary funds are authorized to be appropriated for each 
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of fiscal years 2008 through 2012 to carry out this sec-
tion.’’. 
SEC. 803. INCREASE IN NUMBER OF ICE AGENTS. 
Section 5203 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458; 118 
Stat. 3734) is amended to read as follows: 
‘‘SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND 
CUSTOMS ENFORCEMENT INVESTIGATORS. 
‘‘(a) IN GENERAL.—By not later than September 30, 
2012, the Secretary of Homeland Security shall, subject 
to the availability of appropriations for such purpose, in-
crease by 3,000 the number of positions for full-time ac-
tive-duty investigators within the Department of Home-
land Security investigating violations of immigration laws 
(as defined in section 101(a)(17) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(17))) above the number 
of such positions for which funds were made available dur-
ing the preceding fiscal year. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section such sums as may be necessary for each 
fo fiscal years 2009 through 2012.’’. 
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TITLE IX—STATE AND LOCAL 
GOVERNMENT AUTHORITY 
Subtitle A—General Provisions 
SEC. 901. STATE DEFINED; SEVERABILITY. 
(a) STATE DEFINED.—For purposes of this title the 
term ‘‘State’’ has the meaning given such term in section 
101(a)(36) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(36)). 
(b) SEVERABILITY.—If any provision of this title, or 
the application of such provision to any person or cir-
cumstance, is held invalid, the remainder of this title 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. 
SEC. 902. 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 of a political subdivision 
of a State, have the inherent authority of a sovereign enti-
ty to investigate, identify, apprehend, arrest, detain, or 
transfer to Federal custody aliens in the United States 
(including the transportation of such aliens across State 
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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. 
SEC. 903. STATE AUTHORIZATION FOR ASSISTANCE IN THE 
ENFORCEMENT OF IMMIGRATION LAWS EN-
COURAGED. 
(a) IN GENERAL.—Effective two years after the date 
of the enactment of this Act, a State, or a political subdivi-
sion of a State, that has in effect a statute, policy, or prac-
tice that prohibits law enforcement officers of the State, 
or of a political subdivision of the State, from assisting 
or cooperating with Federal immigration law enforcement 
in the course of carrying out the officers’ routine law en-
forcement 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 from po-
litical subdivisions of States, 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 a political subdivision of 
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a State, due to the failure of the State, or of the political 
subdivision of the State, to comply with subsection (a) 
shall be reallocated to States, or to political subdivisions 
of States, that comply with such subsection. 
SEC. 904. 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 and periodically thereafter as updates may re-
quire, the Under Secretary for Border and Transportation 
Security of the Department of Homeland Security shall 
provide the National Crime Information Center of the De-
partment of Justice with such information as the Under 
Secretary may possess regarding any aliens against whom 
a final order of removal has been issued, any aliens who 
have signed a voluntary departure agreement, any aliens 
who have overstayed their authorized period of stay, and 
any aliens whose visas have been revoked. 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 concerned received notice of a final 
order of removal; 
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(2) the alien concerned has already been re-
moved; or 
(3) sufficient identifying information is avail-
able with respect to the alien concerned. 
(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 by aliens of the immigration 
laws of the United States, regardless of whether any 
such alien has received notice of the violation or 
whether sufficient identifying information is avail-
able with respect to any such alien and even if any 
such alien has already been removed from the 
United States; and’’. 
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SEC. 905. STATE AND LOCAL LAW ENFORCEMENT PROVI-
SION 
OF 
INFORMATION 
ABOUT 
APPRE-
HENDED 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, shall 
provide the Secretary of Homeland Security in a timely 
manner with the information specified in subsection (b) 
with respect to each alien apprehended in the jurisdiction 
of the State, or in the political subdivision of the State, 
who is believed to be in violation of the immigration laws 
of the United States. 
(b) INFORMATION REQUIRED.—The information re-
ferred to in subsection (a) 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. 
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(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 the political subdivi-
sions of States, that have provided information under sub-
section (a) in the preceding year. 
(d) REIMBURSEMENT.—The Secretary of Homeland 
Security shall reimburse States, and political subdivisions 
of a State, for all reasonable costs, as determined by the 
Secretary, incurred by the State, or the political subdivi-
sion of a State, as a result of providing information under 
subsection (a). 
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(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary such sums 
as are necessary to carry out this section. 
(f) CONSTRUCTION.—Nothing in this section shall re-
quire law enforcement officials of a State, or of a political 
subdivision of a State, to provide the Secretary of Home-
land Security with information related to a victim of a 
crime or witness to a criminal offense. 
SEC. 906. 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 CERTAIN ALIENS.—From amounts 
made available to make grants under this section, the Sec-
retary of Homeland Security shall make grants to States, 
and to 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 aliens who 
have violated the immigration law of the United States, 
including additional administrative costs incurred under 
this title. 
(b) ELIGIBILITY.—To be eligible to receive a grant 
under this section, a State, or a political subdivision of 
a State, must have the authority to, and shall have a writ-
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ten policy and a practice to, assist in the enforcement of 
the immigration laws of the United States in the course 
of carrying out the routine law enforcement duties of such 
State or political subdivision of a State. Entities covered 
under this section may not have any policy or practice that 
prevents local law enforcement from inquiring about a sus-
pect’s immigration status. 
(c) FUNDING.—There is authorized to be appro-
priated to the Secretary for grants under this section such 
sums as may be necessary for fiscal year 2008 and each 
subsequent fiscal year. 
(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 to political subdivisions 
of a State, under subsection (a). 
SEC. 907. 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 
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from the United States or a decision regarding such 
removal. 
(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 United 
States 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 to the Secretary such 
sums as are necessary 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’’. 
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SEC. 908. FEDERAL CUSTODY OF ALIENS UNLAWFULLY 
PRESENT IN THE UNITED STATES 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 ALIENS UNLAWFULLY PRESENT IN THE 
UNITED STATES 
‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE 
AND LOCAL OFFICIALS.—If a State, or a political subdivi-
sion of the State, exercising authority with respect to the 
apprehension or arrest of an alien who is unlawfully 
present in the United States submits to the Secretary of 
Homeland Security a request that the alien be taken into 
Federal custody, the Secretary— 
‘‘(1) shall— 
‘‘(A) not later than 48 hours after the con-
clusion of the State, or the political subdivision 
of a State, charging process or dismissal proc-
ess, or if no State or political subdivision charg-
ing or dismissal process is required, not later 
than 48 hours after the alien is apprehended, 
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take the 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 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 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 
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‘‘(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 a State, for all reasonable expenses, as determined by 
the Secretary, incurred by the State, or political subdivi-
sion, as a result of the incarceration and transportation 
of an alien who is unlawfully present in the United States 
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 of a political 
subdivision of a State, plus the cost of transporting the 
alien from the point of apprehension to the place of deten-
tion, and to the custody transfer point if the place of de-
tention and place of custody are different. 
‘‘(d) SECURE FACILITIES.—The Secretary of Home-
land Security shall ensure that aliens incarcerated in Fed-
eral facilities pursuant to this Act are held in facilities 
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-
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tablish a regular circuit and schedule for the prompt 
transfer of apprehended aliens from the custody of 
States, and political subdivisions of a State, to Fed-
eral custody. 
‘‘(2) CONTRACTS.—The Secretary may enter 
into contracts, including appropriate private con-
tracts, to implement this subsection. 
‘‘(f) DEFINITION.—For purposes of this section, the 
term ‘alien who is unlawfully present in the United States’ 
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 
State, or a political subdivision of the State, had 
failed to— 
‘‘(A) maintain the nonimmigrant status in 
which the alien was admitted or to which it was 
changed under section 248; or 
‘‘(B) comply with the conditions of any 
such status; 
‘‘(3) was admitted as an immigrant and has 
subsequently failed to comply with the requirements 
of that status; or 
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‘‘(4) failed to depart the United States under a 
voluntary departure agreement or under a final 
order of removal.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by inserting after the 
item relating to section 240C the following new item: 
‘‘Sec. 240D. Custody of aliens unlawfully present in the United States.’’. 
(b) 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 
compensation to States, and to political subdivisions of a 
State, for the incarceration of aliens unlawfully present 
in the United States under section 240D(a) of the Immi-
gration and Nationality Act (as added by subsection 
(a)(1)). 
SEC. 909. 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 of a political subdivision of a 
State, to train such personnel in the investigation, 
identification, apprehension, arrest, detention, and 
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transfer to Federal custody of aliens unlawfully 
present in the United States (including the transpor-
tation of such aliens across State lines to detention 
centers and the identification of fraudulent docu-
ments); and 
(2) an immigration enforcement pocket guide 
for law enforcement personnel of a State, or of a po-
litical subdivision of a State, to provide a quick ref-
erence 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. 
(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 with 
them while on duty. 
(d) COSTS.—The Secretary of Homeland Security 
shall be responsible for any costs incurred in establishing 
the training manual and pocket guide. 
(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 through residential 
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