I 
109TH CONGRESS 
1ST SESSION 
H. R. 688 
To amend the Immigration and Nationality Act to bar the admission, and 
facilitate the removal, of alien terrorists and their supporters and fund-
raisers, to secure our borders against terrorists, drug traffickers, and 
other illegal aliens, to facilitate the removal of illegal aliens and aliens 
who are criminals or human rights abusers, to reduce visa, document, 
and employment fraud, to temporarily suspend processing of certain 
visas and immigration benefits, to reform the legal immigration system, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 9, 2005 
Mr. BARRETT of South Carolina introduced the following bill; which was re-
ferred to the Committee on the Judiciary, and in addition to the Com-
mittee on Homeland Security, for a period to be subsequently 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 bar the 
admission, and facilitate the removal, of alien terrorists 
and their supporters and fundraisers, to secure our bor-
ders against terrorists, drug traffickers, and other illegal 
aliens, to facilitate the removal of illegal aliens and aliens 
who are criminals or human rights abusers, to reduce 
visa, document, and employment fraud, to temporarily 
suspend processing of certain visas and immigration ben-
efits, to reform the legal immigration system, 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; REFERENCES; TABLE OF CON-
TENTS; SEVERABILITY. 
(a) SHORT TITLE.—This Act may be cited as— 
(1) the ‘‘Securing America’s Future through 
Enforcement Reform Act of 2005’’; or 
(2) the ‘‘SAFER Act’’. 
(b) REFERENCES
TO IMMIGRATION
AND NATION-
ALITY ACT.—Except as otherwise expressly provided, 
whenever in this Act an amendment or repeal is expressed 
in terms of an amendment to, or repeal of, a section or 
other provision, the reference shall be considered to be 
made to a section or other provision of the Immigration 
and Nationality Act. 
(c) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; references; table of contents; severability. 
Sec. 2. Congressional findings. 
TITLE I—SECURING THE BORDER 
Subtitle A—Prevention and Punishment of Criminal Smuggling, Transporting, 
and Harboring of Aliens 
Sec. 101. Increased personnel for investigating alien smuggling. 
Sec. 102. Increased criminal sentences and fines for alien smuggling. 
Sec. 103. Change to sentencing guidelines. 
Sec. 104. Enhanced penalties for persons committing offenses while armed. 
Sec. 105. Discontinuing grant of visas to nationals of countries not cooperating 
in combatting alien smuggling. 
Subtitle B—Border Personnel and Strategy 
Sec. 111. Report on number of border patrol agents needed to secure northern 
border.
Sec. 112. Use of Army and Air Force to secure the border. 
Sec. 113. Use of border property to secure the border. 
Sec. 114. Report on border strategy. 
TITLE II—SCREENING ALIENS SEEKING ADMISSION 
Sec. 201. Increase in full-time inspectors. 
Sec. 202. Visa waiver program. 
Sec. 203. Consular officer interviews of all visa applicants. 
Sec. 204. Recodification and reform of grounds of inadmissibility. 
Sec. 205. Protection of U.S. specialty workers. 
Sec. 206. Antifraud fee. 
TITLE III—TRACKING ALIENS PRESENT IN THE UNITED STATES 
Sec. 301. Entry-exit system. 
Sec. 302. Collection of information regarding foreign students. 
Sec. 303. Alien registration. 
Sec. 304. Visa term compliance bonds. 
Sec. 305. Release of aliens in removal proceedings. 
Sec. 306. Detention of aliens delivered by bondsmen. 
TITLE IV—REMOVING ALIEN TERRORISTS, CRIMINALS, AND 
HUMAN RIGHTS VIOLATORS 
Subtitle A—Removing Alien Terrorists 
Sec. 401. Deportability of terrorists, national security threats, and serious for-
eign crimes. 
Sec. 402. Administrative removal of alien terrorists. 
Sec. 403. Asylum petitions by members of terrorist organizations. 
Sec. 404. Expatriation of terrorists. 
Subtitle B—Removing Alien Criminals 
Sec. 411. Definition of criminal conviction. 
Sec. 412. Removing murderers, rapists, sexual abusers of children, and drunk 
drivers. 
Sec. 413. Detention and release of criminal aliens pending removal decision. 
Subtitle C—Removing Alien Human Rights Violators 
Sec. 421. Serious human rights violator defined. 
Sec. 422. Deportability of serious human rights violators. 
Sec. 423. Arrest and detention of serious human rights violators pending re-
moval and criminal prosecution decisions. 
Sec. 424. Exception to restriction on removal for serious human rights violators 
and terrorists. 
Sec. 425. Initiation of removal proceedings against serious human rights viola-
tors by complaint. 
Sec. 426. Bars to refugee status and asylum for serious human rights violators. 
Sec. 427. Bar to adjustment of status for serious human rights violators. 
Sec. 428. Bar to finding of good moral character for serious human rights vio-
lators. 
Sec. 429. Bar to cancellation of removal for serious human rights violators. 
Sec. 430. Bar to adjustment of status with respect to certain special immi-
grants.
Sec. 431. Criminal penalties for reentry of removed serious human rights viola-
tors. 
Sec. 432. Aiding or assisting serious human rights violators to enter the United 
States. 
Sec. 433. Revision of regulations with respect to the involuntary return of per-
sons in danger of subjection to torture. 
Sec. 434. Funding for detention and removal assistance provided by State and 
local law enforcement agencies. 
Sec. 435. Effective date. 
TITLE V—ENHANCING ENFORCEMENT OF THE IMMIGRATION 
AND NATIONALITY ACT IN THE INTERIOR 
Subtitle A—Document Security 
Sec. 501. Secure travel documents. 
Sec. 502. Social security cards. 
Sec. 503. Consular identification documents. 
Subtitle B—Employment Eligibility Verification 
Sec. 511. Employment eligibility verification process and elimination of exam-
ination of documentation requirement. 
Sec. 512. Employment eligibility verification system. 
Sec. 513. Notification by Commissioner of failure to correct social security in-
formation. 
Sec. 514. Protection for individuals reporting immigration law violations. 
Subtitle C—Miscellaneous 
Sec. 521. Expedited exclusion. 
Sec. 522. Adjustment of status for certain aliens. 
Sec. 523. Termination of continuous presence for purposes of cancellation of re-
moval upon commission of offense rendering alien inadmissible 
or deportable. 
Sec. 524. Reentry of removed aliens. 
Sec. 525. Criminal and civil penalties for entry of aliens at improper time or 
place, avoidance of examination or inspection, unlawful pres-
ence, and misrepresentation or concealment of facts. 
Sec. 526. Communication between government agencies and the Department of 
Homeland Security. 
Sec. 527. Exception to removal for certain aliens. 
Sec. 528. Voluntary departure. 
Sec. 529. Cancellation of removal. 
Sec. 530. Expedited removal of criminal aliens. 
Sec. 531. Subject to the jurisdiction defined. 
Sec. 532. Claims for services performed by unauthorized aliens. 
Sec. 533. Restriction on warrantless entry. 
TITLE VI—ELIMINATING EXCESSIVE REVIEW AND DILATORY 
AND ABUSIVE TACTICS BY ALIENS IN REMOVAL PROCEEDINGS 
Sec. 601. Frivolous applications. 
Sec. 602. Continuances; change of venue. 
Sec. 603. Burden of proof in asylum proceedings. 
Sec. 604. Review of Convention Against Torture grants and denials. 
Sec. 605. Time limit for decisions in administrative appeals.
Sec. 606. Review of asylum claims. 
Sec. 607. Judicial review. 
TITLE VII—EMERGENCY IMMIGRATION WORKLOAD REDUCTION 
Sec. 701. Congressional findings. 
Sec. 702. Temporary suspension of visa waiver program. 
Sec. 703. Temporary suspension of adjustment of status applications. 
Sec. 704. Temporary suspension of renewals of temporary protected status. 
Sec. 705. Curtailment of visas for countries denying or delaying repatriation of 
nationals. 
Sec. 706. Waiver of suspensions. 
Sec. 707. Termination of temporary suspensions. 
Sec. 708. Effective date. 
TITLE VIII—REFORMING LEGAL IMMIGRATION 
Subtitle A—Promotion of Citizenship 
Sec. 801. Changes in naturalization requirements. 
Sec. 802. Oath of renunciation and allegiance. 
Subtitle B—Treatment of Nationals of State Sponsors of Terrorism 
Sec. 811. Treatment of nationals of State sponsors of terrorism. 
Subtitle C—Legal Immigration Reform 
Sec. 821. Extended family preference categories. 
Sec. 822. Employment third preference category. 
Sec. 823. Elimination of diversity immigrant program. 
Sec. 824. Refugee admissions. 
Sec. 825. Aliens subject to direct numerical limitations. 
Sec. 826. Education of family-sponsored immigrants. 
Sec. 827. Sponsorship levels. 
Sec. 828. Repeal of section 245(i). 
TITLE IX—MISCELLANEOUS PROVISIONS 
Sec. 901. Temporary protected status. 
Sec. 902. Good moral character. 
Sec. 903. Removal for aliens who make misrepresentations to procure benefits. 
Sec. 904. Designations of foreign terrorist organizations. 
Sec. 905. Foreign students. 
Sec. 906. Pay grade GS–15 available for trial attorneys. 
Sec. 907. Proof of identity of aliens seeking relief. 
Sec. 908. Following to join defined. 
Sec. 909. Information on foreign crimes. 
(d) SEVERABILITY.—If any provision of this Act, or 
the application of such a provision to any person or cir-
cumstance, is held to be unconstitutional, the remainder 
of this Act, and the application of the provisions of this
Act to any other person or circumstance, shall not be af-
fected by such holding. 
SEC. 2. CONGRESSIONAL FINDINGS. 
The Congress finds as follows: 
(1) Alien terrorists are not a distinct national 
security problem that is somehow separable from the 
interrelated problems of alien trafficking, alien crim-
inality, and illegal immigration driven by economic 
factors. 
(2) An effective counter-terrorism effort must 
assume that terrorists will take advantage of our 
permeable borders and the ability of illegal aliens to 
operate in the United States without any systematic 
effort to locate and remove them. 
(3) The capability to routinely and reliably de-
tect and locate non-citizens present in the United 
States, and accurately identify their immigration 
status, is the first essential line of defense against 
alien terrorist operations on United States territory. 
(4) A comprehensive strategy of interior en-
forcement that includes an automated work author-
ization verification system, penalties for employers 
who knowingly hire illegal aliens, and prompt re-
moval of aliens found working without authorization
is the only effective way to identify and control the 
large illegal alien population in the United States. 
(5) Suppression of illegal immigration through 
effective alien registration and document security 
programs is the most practical and effective means 
to protect the civic freedoms treasured by U.S. citi-
zens during periods of terrorist-related national se-
curity threats. 
TITLE I—SECURING THE 
BORDER 
Subtitle A—Prevention and Pun-
ishment of Criminal Smuggling, 
Transporting, and Harboring of 
Aliens 
SEC. 101. INCREASED PERSONNEL FOR INVESTIGATING 
ALIEN SMUGGLING. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity, in each of the fiscal years 2006 through 2013, shall 
increase the number of positions for full-time, active-duty 
investigators or other enforcement personnel within the 
Department of Homeland Security who are assigned to 
combat alien smuggling by not less than 50 positions 
above the number of such positions for which funds were 
allotted for the preceding fiscal year. 
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—In addition to funds other-
wise available for such purpose, there are authorized 
to be appropriated to the Department of Homeland 
Security such sums as may be necessary in each of 
the fiscal years 2006 through 2013 to carry out sub-
section (a), and to cover the operating expenses of 
the department in conducting undercover investiga-
tions of alien smuggling activities and in prosecuting 
violations of section 274(a)(1)(A) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324(a)(1)(A)) 
(relating to alien smuggling), resulting from the in-
crease in personnel under subsection (a). 
(2) AVAILABILITY OF FUNDS.—Amounts appro-
priated pursuant to paragraph (1) are authorized to 
remain available until expended. 
(c) ALIEN SMUGGLING DEFINED.—In this section, 
the term ‘‘alien smuggling’’ means any act prohibited by 
section 274(a) of the Immigration and Nationality Act (8 
U.S.C. 1324(a)) or section 274A(a) of such Act (8 U.S.C. 
1324a(a)). 
SEC. 102. INCREASED CRIMINAL SENTENCES AND FINES 
FOR ALIEN SMUGGLING. 
(a) IN GENERAL.—Subject to subsection (b), pursu-
ant to its authority under section 994(p) of title 28, 
United States Code, the United States Sentencing Com-
mission shall promulgate sentencing guidelines or amend 
existing sentencing guidelines for smuggling, transporting, 
harboring, or inducing aliens under sections 274(a)(1)(A) 
of the Immigration and Nationality Act (8 U.S.C. 
1324(a)(1)(A)) so as to— 
(1) triple the minimum term of imprisonment 
under that section for offenses involving the smug-
gling, transporting, harboring, or inducing of— 
(A) 1 to 5 aliens from 10 months to 30 
months; 
(B) 6 to 24 aliens from 18 months to 54 
months; 
(C) 25 to 100 aliens from 27 months to 81 
months; and 
(D) 101 aliens or more from 37 months to 
111 months; 
(2) increase the minimum level of fines for each 
of the offenses described in subparagraphs (A) 
through (D) of paragraph (1) to the greater of 
$25,000 per alien or 3 times the amount the defend-
ant received or expected to receive as compensation 
for the illegal activity; 
(3) increase by at least 2 offense levels above 
the applicable enhancement in effect on the date of 
the enactment of this Act the sentencing enhance-
ments for intentionally or recklessly creating a sub-
stantial risk of serious bodily injury or causing bod-
ily injury, serious injury, or permanent or life 
threatening injury; 
(4) for actions causing death, increase the of-
fense level to be equivalent to that for involuntary 
manslaughter under section 1112 of title 18, United 
States Code; and 
(5) for corporations or other business entities 
that knowingly benefit from such offenses, increase 
the minimum level of fines for each of the offenses 
described in subparagraphs (A) through (D) of para-
graph (1) to $50,000 per alien employed directly, or 
indirectly through contract, by the corporation or 
entity. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
an offense that involved the smuggling, transporting, or 
harboring only of the defendant’s spouse or child (or both 
the defendant’s spouse and child). 
(c) DEADLINE.—The United States Sentencing Com-
mission shall carry out subsection (a) not later than the 
date that is 6 months after the date of the enactment of 
this Act.
SEC. 103. CHANGE TO SENTENCING GUIDELINES. 
In the exercise of its authority under section 994 of 
title 28, United States Code, the United States Sentencing 
Commission shall amend the Federal sentencing guidelines 
to provide that plea bargaining and other prosecutorial 
policies, and differences in those policies among different 
districts, are not a ground for imposing a sentence outside 
the applicable guidelines range for a violation of immigra-
tion law. 
SEC. 104. ENHANCED PENALTIES FOR PERSONS COMMIT-
TING OFFENSES WHILE ARMED. 
(a) IN GENERAL.—Section 924(c)(1) of title 18, 
United States Code, is amended— 
(1) in subparagraph (A)— 
(A) by inserting after ‘‘device)’’ the fol-
lowing: 
‘‘or 
any 
violation 
of 
section 
274(a)(1)(A) of the Immigration and Nation-
ality Act’’; and 
(B) by striking ‘‘or drug trafficking 
crime—’’ and inserting ‘‘, drug trafficking 
crime, or violation of section 274(a)(1)(A) of 
the Immigration and Nationality Act—’’; and 
(2) in subparagraph (D)(ii), by striking ‘‘or 
drug trafficking crime’’ and inserting ‘‘, drug traf-
ficking crime, or violation of section 274(a)(1)(A) of 
the Immigration and Nationality Act’’.