I 
110TH CONGRESS 
1ST SESSION 
H. R. 702 
To authorize any alien who has been issued a valid machine-readable biometric 
border crossing identification card to be temporarily admitted into the 
United States upon successfully completing a background check. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 29, 2007 
Mr. CUELLAR introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To authorize any alien who has been issued a valid machine- 
readable biometric border crossing identification card to 
be temporarily admitted into the United States upon 
successfully completing a background check. 
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 ‘‘Secure Border Cross-
ing Card Entry Act of 2007’’. 
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SEC. 2. PERIODS OF ADMISSION. 
Section 214(a)(2) of the Immigration and Nationality 
Act (8 U.S.C. 1184(a)(2)) is amended by adding at the 
end the following: 
‘‘(C)(i) Except as provided under clauses (ii) and 
(iii), the initial period of admission to the United States 
of an alien who possesses a valid machine-readable biomet-
ric border crossing identification card issued by a consular 
officer, has successfully completed required background 
checks, and is admitted to the United States as a non-
immigrant under section 101(a)(15)(B) at a port of entry 
where such card is processed through a machine reader, 
shall be not less than the initial period of admission grant-
ed to any other alien admitted to the United States under 
section 101(a)(15)(B). 
‘‘(ii) The Secretary of Homeland Security may pre-
scribe, by regulation, the length of the initial period of 
admission described in clause (i), which period shall be— 
‘‘(I) a minimum of 6 months; or 
‘‘(II) the length of time provided for under 
clause (iii). 
‘‘(iii) The Secretary may, on a case-by-case basis, 
provide for a period of admission that is shorter or longer 
than the initial period described in clause (ii)(I) if the Sec-
retary finds good cause for such action. 
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‘‘(iv) An alien who possesses a valid machine-readable 
biometric border crossing identification card may not be 
admitted to the United States for the period of admission 
specified under clause (i) or granted extensions of such 
period of admission if— 
‘‘(I) the alien previously violated the terms and 
conditions of the alien’s nonimmigrant status; 
‘‘(II) the alien is inadmissible as a non-
immigrant; or 
‘‘(III) the alien’s border crossing card has not 
been processed through a machine reader at the 
United States port of entry or land border at which 
the person seeks admission to the United States.’’. 
SEC. 3. RULEMAKING. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary shall pro-
mulgate regulations to carry out the amendment made by 
section 2. 
(b) WAIVER OF APA.—In promulgating regulations 
under subsection (a), the Secretary of Homeland Security 
may waive any provision of chapter 5 of title 5, United 
States Code (commonly known as the ‘‘Administrative 
Procedure Act’’) or any other law relating to rulemaking 
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