9/11 Commission: Legislative Action Concerning U.S. Immigration Law and Policy in the 108th Congress
Released: 2004-12-21T00:00:00

Summary:
Reforming the enforcement of immigration law is a core component of the recommendations made by the National Commission on Terrorist Attacks Upon the United States (also known as the9/11 Commission). The 19 hijackers responsible for the 9/11 attacks were foreign nationals, manyof whom were able to obtain visas to enter the United States through the use of forged documents. Incomplete intelligence and screening enabled many of the hijackers to enter the United Statesdespite flaws in their entry documents or suspicions regarding their past associations. According tothe Commission, up to 15 of the hijackers could have been intercepted or deported through morediligent enforcement of immigration laws.
The 9/11 Commission's immigration-related recommendations focused primarily on targeting terrorist travel through an intelligence and security strategy based on reliable identification systemsand effective, integrated information-sharing. As Congress has considered these recommendations,however, possible legislative responses have broadened to include significant and possiblyfar-reaching changes in the substantive law governing immigration and how that law is enforced,both at the border and in the interior of the United States.
In response to the Commission's recommendations, several major bills were introduced proposing significant revisions to U.S. immigration law and policy. The two notable bills that wouldrevise immigration laws were H.R. 10 , the 9/11 Recommendations Implementation Act,as amended, introduced by the Speaker of the House of Representatives Dennis Hastert, and passedby the House as S. 2845 on October 8, 2004, and S. 2845 , the NationalIntelligence Reform Act of 2004, as amended, introduced by Senators Susan Collins and JosephLieberman and passed by the Senate on October 8, 2004. The Intelligence Reform and TerrorismPrevention Act of 2004 ( P.L. 108-458 ), a compromise version of these bills that included some - butnot all - of the immigration provisions under consideration, was signed on December 17, 2004.
This report briefly discusses some of the major immigration areas that were under consideration in the above-mentioned comprehensive reform proposals, including asylum, biometric trackingsystems, border security, document security, exclusion, immigration enforcement, and visa issuances. It refers to other CRS reports that discuss these issues in depth and will be updated as needed.

subsections: section_title: Introduction
paragraphs: The July 2004 report of the National Commission on Terrorist Attacks Upon the United States(also known as the 9/11 Commission) concluded that the key officials responsible for determiningalien admissions (consular officers abroad and immigration inspectors in the United States) were notconsidered full partners in counterterrorism efforts prior to September 11, 2001, and as a result,opportunities to intercept the September 11 terrorists were missed. (1) The 9/11 Commission contendedthat "(t)here were opportunities for intelligence and law enforcement to exploit al Qaeda's travelvulnerabilities." The report went on to state: "Considered collectively, the 9/11 hijackers
included known al Qaeda operatives who could have been watchlisted;
presented fraudulent passports;
presented passports with suspicious indicators ofextremism;
made detectable false statements on visa applications;
made false statements to border officials to gain entry into the United States;and
violated immigration laws while in the United States." (2)
The 9/11 Commission issued several recommendations that directly pertain to immigration law and policy. These recommendations are:
Targeting travel is at least as powerful a weapon against terrorists as targeting their money. The United States should combine intelligence, operations, and law enforcement in astrategy to intercept terrorists, find terrorist travel facilitators, and constrain terroristmobility.
The U.S. border security system should be integrated into a larger network ofscreening points that includes our transportation system and access to vital facilities, such as nuclearreactors. 
The Department of Homeland Security, properly supported by the Congress,should complete, as quickly as possible, a biometric entry-exit screening system, including a singlesystem for speeding qualified travelers.
The U.S. government cannot meet its own obligations to the American peopleto prevent the entry of terrorists without a major effort to collaborate with othergovernments. (3)
These recommendations have broad implications for immigration law and policy. Also, as Congress has moved on the Commission's recommendations, immigration-related reforms have beena key component of major legislative proposals. This report summarizes the major proposed reformsconsidered and adopted in the 108th Congress.
section_title: 9/11 Implementation Legislation
paragraphs: Of the several bills that sought to implement recommendations of the 9/11 Commission in the108th Congress, two passed their respective Houses, and both of these proposed revisions toimmigration law: H.R. 10 , the 9/11 Recommendations Implementation Act, asamended, introduced by the Speaker of the House of Representatives Dennis Hastert and passed bythe House as S. 2845 on October 8, 2004 (House-passed S. 2845 ); and S. 2845 , the National Intelligence Reform Act of 2004, as amended, introduced bySenators Susan Collins and Joseph Lieberman and passed by the Senate on October 8, 2004(Senate-passed S. 2845 ). Certain immigration-related provisions of these bills weresignificant sources of contention by lawmakers, curtailing immediate agreement of a compromisebill. The conference report on S. 2845 passed the House on December 7 and the Senateon December 8, 2004. (4) The Intelligence Reform andTerrorism Prevention Act of 2004 ( P.L.108-458 ), a compromise bill signed on December 17, 2004 includes some - but not all - of theimmigration provisions that were originally under consideration.
The major areas that were under consideration in these comprehensive reform proposals are briefly discussed below. References to CRS reports that analyze these issues in depth are listed foreach major area. (5) Summaries of the immigrationprovisions in P.L. 108-458 concludes the report.
subsections: section_title: Monitoring of Persons Entering and Leaving the United States
paragraphs: As mentioned above, actions to identify and intercept terrorists who are attempting to enter or leave the United States are a key component of the 9/11 Commission's recommendations. In 1996,Congress required the development of an automated entry and exit data system to track the arrivaland departure of aliens, but such a system has yet to be fully implemented. Following the 9/11terrorist attacks, Congress enacted additional measures, including the USA PATRIOT Act ( P.L.107-56 ) and the Enhanced Border Security and Visa Reform Act of 2002 ( P.L. 107-173 ), toencourage the more expeditious development of an automated entry and exit data system, and tofurther require that biometric identifiers be used in passports, visas, and other travel documents toimprove their security. To keep inadmissible aliens abroad, the Illegal Immigration Reform andImmigrant Responsibility Act of 1996 (IIRIRA, P.L. 104-208 , Division C) required theimplementation of a pre-inspection program at selected locations overseas under which immigrationofficers inspect aliens before their final departure to the United States, and authorized assistance toair carriers at selected foreign airports to help in the detection of fraudulent documents. 
A number of proposals were made in the 108th Congress to improve the accurate monitoring of persons entering and exiting the United States. Many of these proposals were not specific toaliens, but covered all persons traveling to or from the United States. These proposals included:
hastening the development and installation of a biometric entry and exit data system that is integrated with various databases and data systems that process or contain informationon aliens <108>[House-passed, Senate-passed]; 
requiring the Secretary of Homeland Security to issue a notice of proposedrulemaking to allow for the pre-flight comparison of passenger records for any flight to or from theUnited States with the integrated terrorist watch list, and establishing an appeals process allowingfor modification of records [House-passed];
requiring the Secretary of Homeland Security to implement a watchlist forpassengers of cruise ships [Senate-passed];
authorizing DHS to establish permanent pre-enrollment programs that subjectparticipants, who may be either aliens and citizens of the United States, to criminal and watch-listscreenings and fingerprint checks, so that the inspections of such program participants may beexpedited at ports of entry [House-passed];
improving the security of passports and other travel documents, includingthrough the strengthening of security requirements for "breeder" documents that are used to obtainpassports or other travel documents [House- and Senate-passed];
encouraging the adoption of international standards for the uniform translationof names into the Roman alphabet for purposes of travel documents and security systems[House-passed];
expanding pre-inspection programs in foreign countries and assistance to aircarriers at selected foreign airports in the detection of fraudulent documents [House- andSenate-passed]; 
improving the security of the visa issuance process by providing consularofficers and immigration inspectors greater training in detecting terrorist indicators, terrorist travelpatterns and fraudulent documents [House- and Senate-passed]; 
improving the security of the visa issuance process by, among other things, (1)establishing an Office of Visa and Passport Security within the State Department to develop astrategic plan to disrupt the operations of individuals and organizations engaged in travel documentfraud, (2) increasing the number of consular officers, (3) codifying that all applications for temporaryvisas be adjudicated by a consular officer, (4) providing consular officers greater training in detectingfraudulent documents, and (5) stationing anti-fraud specialists at consular posts overseas[House-passed]; 
requiring persons applying for nonimmigrant visas between the ages of 12 and65 to be interviewed by consular officer prior to visa issuance, subject to waiver in certaincircumstances [Senate-passed];
authorizing and encouraging the President to enter into internationalagreements to curtail terrorist travel by upgrading verification and information-sharing systems[House- and Senate-passed]; 
limiting the President's ability to waive general statutory requirementsrequiring U.S. citizens traveling abroad or attempting to enter the United States to bear a valid U.S.passport, so that such a waiver can only be exercised with respect to U.S. citizens traveling to orfrom foreign contiguous territories who are bearing identification documents designated by DHS as(1) reliable proof of U.S. citizenship, and (2) of a type that may not be issued to an unlawfullypresent alien within the United States [House-passed];
amending the present waiver authority concerning document requirements forarriving nationals from foreign contiguous countries or adjacent islands, so that such waivers mayonly be granted (in non-emergency situations) through a joint determination by the Secretary ofHomeland Security and Secretary of State on the basis of reciprocity, and then only if the arrivingforeign national is in possession of identification documents deemed secure by the Secretary ofHomeland Security [House-passed]; and
requiring the Secretary of State, in consultation with DHS, expeditiously todevelop and implement a plan for the use of biometric passports. This plan would require U.S.citizens and foreign nationals from contiguous territories or adjacent islands (i.e., aliens currentlywaived in ï¿½ 214(d)(4) of INA) to present biometric passports, or some other type of secure biometrictravel document, for travel into the United States [Senate-passed].
For further discussion of these and related topics, see CRS Report RL32399 , Border Security: Inspections Practices, Policies, and Issues ; CRS Report RL32188 , Monitoring Foreign Students inthe United States: The Student and Exchange Visitor Information System (SEVIS) , CRS Report RL32234 , U.S. Visitor and Immigrant Status Indicator Technology Program (US-VISIT) ; CRS Report RL31512 , Visa Issuances: Policy, Issues, and Legislation ; and CRS Report RL32221 , VisaWaiver Program .
section_title: Grounds for Alien Exclusion, Removal, and Relief from Removal
paragraphs: A primary area of difference between House-passed and Senate-passed versions of S. 2845 concerned grounds for alien exclusion, removal, and relief from removal, asonly the House-passed bill dealt extensively with these areas. The Immigration and Nationality Act(INA) establishes admission and removal criteria for all foreign nationals seeking to enter and/orremain in the United States, and also provides certain discretionary and non-discretionary forms ofrelief from removal, such as granting asylum or withholding removal to a country where an alien islikely to face serious persecution or torture. Starting with the Anti-Drug Abuse Act of 1988 ( P.L.100-690 ) and continuing through the Antiterrorism and Effective Death Penalty Act of 1996 ( P.L.104-132 ) and the IIRIRA, Congress has expanded the grounds of inadmissibility and deportation andthe use of expedited removal, while it has also restricted relief from removal and judicial review ofremoval decisions. Subsequently, the Supreme Court has held that there is a strong presumption infavor of judicial review of administrative actions, and therefore, in the absence of a clear statementof congressional intent to repeal habeas corpus jurisdiction over removal-related matters, suchreview is still considered available. (6) Furthermore,the Court found that eliminating any judicialreview, including habeas review, without any substitute form of review for pure questions of lawwould raise serious constitutional questions. (7)
Exclusion and Removal. After the 9/11 terrorist attacks, Congress further expanded the terrorism grounds for inadmissibility, removal, andmandatory detention in the USA PATRIOT Act in response to concerns that loopholes andinadequacies in the immigration laws were contributing to the ability of terrorists and theiraccomplices to travel to and remain in the United States. House-passed<108> S. 2845 soughtto broaden the scope of terror-related activity making an alien inadmissible or deportable, and limitthe availability of relief from removal in certain circumstances. These proposals included:
barring aliens who are engaged or have engaged in terrorist activity from having their removal withheld (except for in cases of aliens seeking relief under regulationsimplementing the U.N. Convention against Torture), and also denying such relief to aliens found bythe Attorney General to have engaged in other terror-related activity (i.e., incitement or espousal ofterrorist activities) [House-passed];
expanding grounds making of terror-related activity making an alieninadmissible and deportable, including receiving military-type training by or on behalf of anorganization designated as a terrorist organization at the time of training[House-passed];
expanding the definitions of "engaged in terrorist activity" and "terroristorganization," which are used to describe certain grounds for inadmissibility and deportability, toinclude a broader scope of conduct relating to providing money or material support to a terroristorganization [House-passed];
providing for the inadmissibility and removability of aliens who havecommitted, ordered, assisted, incited, or otherwise participated in acts of genocide, torture, orextrajudicial killings abroad, or who have committed severe violations of religious freedom whileserving as a foreign government official [House-passed]; 
clarifying that an alien may be removed to his country of citizenship, birth, orresidence, unless such a country physically prevents the alien from entering the country or unlessremoval to such a country would be prejudicial to the United States[House-passed];
providing the Secretary of Homeland Security with greater discretion indeciding the countries to which an inadmissible or deportable alien may be removed [House-passed];
expanding the class of aliens arriving in the United States subject to immediateremoval without further hearing or review, by increasing the prior continuous U.S. physical presencerequired for exemption from such removal from two years to five years [House-passed];
providing that an alien currently being prosecuted for a crime or serving acriminal sentence is not subject to immediate removal, presumably to ensure effective exercise ofU.S. criminal jurisdiction [House-passed];
eliminating habeas review and other non-direct judicial review for certainremoval decisions and clarifying that in all immigration provisions restricting judicial review, suchrestrictions include habeas and other non-direct review, but that such restrictions do not precludefederal appellate court consideration of constitutional claims or other purely legal issues raised inaccordance with current statutory procedures [House-passed]; and 
precluding courts from staying a removal order pending judicial review, unlessthe alien shows by clear and convincing evidence that the entry or execution of such order isprohibited as a matter of law [House-passed].
Asylum and Other Forms of Relief from Removal. The United States has long held to the principle that it will not return aforeign national to a country where his life or freedom would be threatened. Aliens seeking asylummust demonstrate a well-founded fear that if returned home, they will be persecuted based upon oneof five characteristics: race, religion, nationality, membership in a particular social group, orpolitical opinion. In addition, regulations implementing the United Nations Convention AgainstTorture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereafter referred to asTorture Convention) prohibit the return of any person to a country where there are "substantialgrounds" for believing that he or she would be in danger of being tortured. Proposals to modifyasylum and other forms of relief from removal include found in House-passed and Senate-passedversions of S. 2845 included:
establishing more stringent standards for asylum applicants accused by their home countries of being involved in terrorist or guerrilla-related activities, by requiring theseapplicants to demonstrate that their race, religion, nationality, membership in a particular socialgroup, or political opinion was or will be a central reason for their persecution[House-passed];
expressly providing that aliens who are a danger to the community or nationalsecurity of the United States and who are ordered removed may be indefinitely detained pendingremoval, in the Secretary of Homeland Security's nonreviewable discretion, and subject to reviewevery six months by the Secretary [House-passed].
For additional background, see CRS Report RL32564 , Immigration: Terrorist Grounds for Exclusion of Aliens ; CRS Report RL32276 , The U.N. Convention Against Torture: Overview of U.S.Implementation Policy Concerning the Removal of Aliens ; and CRS Report RL32621 , U.S.Immigration Policy on Asylum Seekers .
section_title: Security of Personal Identification Documents
paragraphs: There has been some concern that the acquisition of U.S. identification documents by terrorist aliens may facilitate their ability to engage in terrorist activities. The 9/11 Commission noted that"[a]ll but one of the 9/11 hijackers acquired some form of U.S. identification document, some byfraud...[and] these forms of identification would have assisted them in boarding commercial flights,renting cars, and other necessary activities." (8) Accordingly, the Commission recommended thatnational standards be set for the issuance of birth certificates and drivers' licenses to prevent theirfraudulent acquisition.
The adoption of national standards for the issuance of drivers' licenses and other forms of identification has long been the subject of controversy. Although not technically an immigrationpolicy, the concern over these forms of identification -- often referred to as "breeder documents"-- has often been linked with immigration legislation. Pursuant to ï¿½ 656 of the IIRIRA, Congressprovided standards for acceptance of state drivers' licenses and birth certificates when used forfederal purposes. Many opponents alleged that this provision was a step towards the creation of anational identification card, and it was subsequently repealed in 2000.
In response to the 9/11 Commission's recommendations, however, a number of proposals were made to increase federal oversight over and improve the security of drivers' licenses, birthcertificates, and other state-issued forms of identification. Proposals were also made to improve thesecurity of Social Security documents and verify the identity of persons applying for benefits underthe INA. These proposals to improve identification verification procedures and the security ofpersonal identification documents included:
barring federal agencies from accepting, for any official purpose, state-issued drivers' licenses or other identification cards unless a state fulfills certain federal securityrequirements concerning the issuance of such documents [House-passed,Senate-passed];
barring federal agencies from accepting, for any official purpose, state-issueddocuments that do not meet national minimum standards concerning the information and featuresincluded upon the drivers' licenses, identification cards, and birth certificates that states may issue[House-passed, Senate-passed];
barring federal agencies from accepting, for any official purpose, state-issueddocuments that do not meet national minimum issuance and record-keeping standards for theissuance of drivers' licenses, identification cards, and birth certificates by states [House-passed,Senate-passed];
barring federal agencies from accepting, for any official purpose, state-issueddocuments that do not meet certain identification verification procedures to ensure the accuracy ofdrivers' licenses, identification cards, and birth certificates issued (including under H.R. 10the prohibition on the acceptance of any foreign documents except official passports as a means toverify an applicant's identity) [House-passed, Senate-passed]; and
providing relevant federal departments with the authority to conduct periodicaudits of each state's compliance with federal requirements concerning the issuance of drivers'licenses, identification cards, and birth certificates [Senate-passed];
making certain grants to states contingent upon their participation in aninterstate compact linking their respective motor vehicle databases[House-passed];
creating electronic birth and death registration systems that rely on a commondata set and exchange protocol, so as to assist officials in assessing the validity of birth certificatesand other records [House-passed];
establishing an electronic interface enabling authorized federal and stateofficials to verify records concerning vital events (i.e., birth, death, or marriage)[House-passed];
restricting the issuance of multiple replacement Social Security cards[House-passed, Senate-passed];
prohibiting a person's Social Security number from being displayed on his orher driver's license or motor vehicle registration [House-passed];
improving the application process for the "enumeration at birth" programwhich provides Social Security numbers to newborns [House-passed];
studying means for requiring photographic identification for Social Securitynumbers [House-passed];
requiring independent verification of any birth record submitted with anapplication for a Social Security account number [House-passed, Senate-passed];and
requiring that, for purposes of establishing his or her identity to a federalemployee, an alien present in the United States may present a valid foreign passport or animmigration document issued by DHS or the Department of Justice under the authority ofimmigration laws, and no other document can be used for such purposes[House-passed].
For further background, see CRS Report RS21953, The 9/11 Recommendations Implementation Act (H.R. 10) and the National Intelligence Reform Act of 2004 (S. 2845):National Standards for Drivers' Licenses, Social Security Cards, and Birth Certificates ; CRS Report RL32127, Summary of State Laws on the Issuance of Driver's Licenses to Undocumented Aliens ; CRS Report RL32094 , Consular Identification Cards: Domestic and Foreign Policy Implications,the Mexican Case, and Related Legislation ; CRS Report RS21137(pdf) , National Identification Cards:Legal Issues ; and CRS Report RL30318 , The Social Security Number: Legal Developments AffectingIts Collection, Disclosure and Confidentiality. 
section_title: Allocation of Additional Resources to Improve Enforcement
paragraphs: DHS is the primary federal agency responsible for enforcing immigration laws and securing the border. The DHS Bureau of Customs and Border Protection (CBP) is responsible for patrollingthe U.S. border and conducting immigration and customs inspections at ports of entry, while theDHS Bureau of Immigrations and Customs Enforcement (ICE) investigates immigration andcustoms violations in the interior of the country. Employees in other federal agencies also play asignificant role in enforcing immigration laws and protecting border security, such as consularofficers in the State Department who are responsible for screening aliens seeking visas to enter theUnited States from abroad. In issuing its recommendations to improve homeland security, the 9/11Commission noted the importance of a border security system that can adequately identify personsattempting to enter the United States. A number of proposals made in response to the 9/11Commission's findings called for the allocation of additional resources to improve border security. Of the bills implementing the 9/11 Commission recommendations, the proposals included:
increasing the number of full-time border patrol agents, immigration and customs-enforcement investigators, and consular officers [House-passed,Senate-passed];
directing the Secretary of Homeland Security to increase Detention andRemoval Operations (DRO) bed space [House-passed];
improving the training of immigration enforcement officials within DHS andconsular personnel within the State Department [House-passed,Senate-passed];
acquiring and deploying to all consulates, ports of entry, and immigrationbenefits offices, technologies (including biometrics) to facilitate document authentication anddetection of potential terrorist indicators on travel documents [House-passed, Senate-passed];
expanding and increasing appropriations for pre-inspection at foreign airportsof passengers traveling to the United States [House-passed];
expediting construction to fill two gaps in the 14 mile long barrier at the SanDiego border [House-passed];
directing the Secretary of Homeland Security to develop and implement a planfor continuous surveillance of the Southwest border of the United States by remotely piloted aircraft[Senate-passed]; and
requiring the Secretary of Homeland Security to carry out an advancedtechnology security pilot program on the Northern border of the United States[Senate-passed].
For additional background on the roles of various agencies in protecting border security, see CRS Report RL32562 , Border Security: The Role of the U.S. Border Patrol ; CRS Report RL32399 , Border Security: Inspections Practices, Policies, and Issues ; CRS Report RL32566 , Border andTransportation Security: Appropriations for FY2005 ; CRS Report RL32369 , Immigration-RelatedDetention: Current Legislative Issues ; and CRS Report RL32256 , Visa Policy: Roles of theDepartments of State and Homeland Security. 
section_title: Penalties for Immigration-Related Fraud and Alien Smuggling
paragraphs: At the heart of the INA are the rules on which aliens may enter and remain in the United States, the conditions of their stay, and the procedures for their entry and removal. In support of thisstructure, federal law has concomitantly imposed civil and criminal penalties on a variety ofactivities -- i.e., smuggling or harboring illegal aliens, committing immigration-related documentfraud to secure either entry into the United States or a benefit under the INA -- that facilitate orfurther violations of the legal immigration system. House-passed S. 2845 proposed toheighten criminal penalties for conduct violating or facilitating the violation of U.S. immigrationlaw, which include increasing the criminal and immigration-related penalties for document fraud,alien smuggling, and making false claims of U.S. citizenship.
For additional background, see CRS Report RL32480 , Immigration Consequences of Criminal Activity ; CRS Report RL32657 , Immigration-Related Document Fraud: Overview of Civil, Criminal,and Immigration Consequences ; and, CRS Report RS21043, Immigration: S Visas for Criminaland Terrorist Informants. 
section_title: The Intelligence Reform and Terrorism Prevention Act of 2004
paragraphs: The Intelligence Reform and Terrorism Prevention Act of 2004, the compromise version of S. 2845 that ultimately was enacted into law, included some - but not all - of theimmigration provisions in both the House and Senate versions of S. 2845 . The majorfeatures of the immigration-related provisions in the act are briefly discussed below.
Monitoring of Persons Entering and Leaving the United States. The Intelligence Reform and Terrorism Prevention Act requires accelerateddeployment of the biometric entry and exit system to process or contain certain data on aliens andtheir physical characteristics. It requires an in-person consular interview of most applicants fornonimmigrant visas between the ages of 14 and 79, and also requires an alien applying for anonimmigrant visa to completely and accurately respond to any request for information containedin his or her application. The act also expands the pre-inspection program that places U.S.immigration inspectors at foreign airports, increasing the number of foreign airports where travelerswould be pre-inspected before departure to the United States. Moreover, it requires individualsentering into the United States (including U.S. citizens and visitors from Canada and other WesternHemisphere countries) to bear a passport or other documents sufficient to denote citizenship andidentity. 
The act requires improvements in technology and training to assist consular and immigration officers in detecting and combating terrorist travel. It (1) establishes the Human Smuggling andTrafficking Center, which includes an interagency program devoted to countering terrorist travel;(2) requires the Secretary of Homeland Security, in consultation with the Director of the NationalCounter Terrorism Center, to establish a program to oversee DHS's responsibilities with respect toterrorist travel; and (3) establishes a Visa and Passport Security Program within the Bureau ofDiplomatic Security at the Department of State.
Grounds for Alien Exclusion, Removal, and Relief from Removal. The Intelligence Reform and Terrorism Prevention Act makes any aliendeportable who has received military training from or on behalf of an organization that, at the timeof training, was a designated terrorist organization. It also makes the revocation of a nonimmigrantvisa by the State Department grounds for removal. The visa revocation, however, is reviewable ina removal proceeding in cases where visa revocation provides the sole ground for removal. The actmakes inadmissible and deportable any alien who (1) has ordered, incited, assisted, or participatedin conduct that would be considered genocide under U.S. law; (2) committed or participated in anact of torture or an extrajudicial killing; or (3) while serving as a foreign official, was responsiblefor or directly carried out, at any time, particularly severe violations of religious freedom. The actalso requires the Government Accountability Office to conduct a study evaluating the degree thatweaknesses in the current U.S. asylum system have been or could be exploited by aliens involvedin terrorist-related activity.
Security of Personal Identification Documents. The Intelligence Reform and Terrorism Prevention Act requires the establishment of new standardsaimed at ensuring the integrity for federal use of birth certificates, state-issued driver's licenses andidentification cards, and social security cards. States may receive grants to assist them inimplementing the proposed birth certificate and driver's license standards.
Allocation of Additional Resources to Improve Enforcement. The act authorizes the Secretary of State to increase the number ofconsular officers by 150 per year from FY2006 through FY2009 above the number of such positionsfor which funds were allotted for the preceding fiscal year. It also increases the numbers of borderpatrol agents by not less than 2,000, in each year FY2006 through FY2010, and requires a numberof agents equaling at least 20% of each year's increase in agents to be assigned to the northernborder. The act also increases the number of ICE investigators by not less than 800 in each yearFY2006 through FY2010, and requires an increase in the number of beds available for immigrationdetention and removal operations by not less than 8,000 over the same period. Further, the actestablishes a pilot program to test advanced technologies to improve border security between portsof entry along the northern border of the United States. It also requires the Secretary of HomelandSecurity to submit to the President and Congress a plan for the systematic surveillance of thesouthwest border of the United States by remotely piloted aircraft, and to implement such plan asa pilot program.
Penalties for Immigration-Related Fraud and Alien Smuggling. The Intelligence Reform and Terrorism Prevention Act increasescriminal penalties for alien smuggling in certain circumstances and requires the Secretary ofHomeland Security to develop an outreach program in the United States and overseas to educate thepublic about the penalties for illegally bringing in and harboring aliens.