[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4440 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4440

    To amend the Immigration and Nationality Act to render proof of 
 possession by an alien of a consular identification card issued by a 
 foreign mission prima facie evidence that the alien is deportable, to 
render inadmissible for 10 years any alien who is unlawfully present in 
    the United States and presents such a card to satisfy a Federal 
      identification-related requirement, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2004

  Mr. Gallegly (for himself, Mr. Hostettler, and Mr. Smith of Texas) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
    To amend the Immigration and Nationality Act to render proof of 
 possession by an alien of a consular identification card issued by a 
 foreign mission prima facie evidence that the alien is deportable, to 
render inadmissible for 10 years any alien who is unlawfully present in 
    the United States and presents such a card to satisfy a Federal 
      identification-related requirement, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Identification Security Act of 
2004'' .

SEC. 2. SHIFTING OF BURDEN OF PROOF TO ALIEN POSSESSING CONSULAR 
              IDENTIFICATION CARD.

    (a) In General.--Section 240(c)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1229a(c)(3)) is amended by adding at the end 
the following:
                    ``(D) Possession of consular identification card.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), clear and convincing evidence 
                        that an alien at any time possessed a consular 
                        identification card while physically present in 
                        the United States shall be prima facie evidence 
                        that the alien is deportable. In such a case, 
                        the alien shall have the burden of 
                        establishing, by clear and convincing evidence, 
                        that the alien is not deportable on any of the 
                        grounds of deportability with which the alien 
                        is charged.
                            ``(ii) Definition.--For purposes of clause 
                        (i), the term `consular identification card' 
                        means an identification document, other than a 
                        visa, passport, or other travel, entry, or exit 
                        document, issued by--
                                    ``(I) a foreign mission (as defined 
                                in section 202 of the Foreign Missions 
                                Act (22 U.S.C. 4302)); or
                                    ``(II) an organization representing 
                                a territory or political entity other 
                                than the United States which has been 
                                granted diplomatic or other official 
                                privileges and immunities under the 
                                laws of the United States or which 
                                engages in some aspect of the conduct 
                                of the international affairs of such 
                                territory or political entity.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
removal proceedings initiated on or after such date.
    (c) Construction.--Nothing in this section shall be construed to 
affect any alien who is not placed in removal proceedings under section 
240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

SEC. 3. INADMISSIBILITY FOR 10 YEARS FOR PRESENTATION OF CONSULAR 
              IDENTIFICATION CARD FOR FEDERAL IDENTIFICATION-RELATED 
              PURPOSE.

    (a) In General.--Section 212(a)(10) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(10)) is amended by adding at the end 
the following:
                    ``(F) Presentation of consular identification card 
                for federal purpose.--
                            ``(i) In general.--Any alien who is 
                        unlawfully present in the United States, 
                        presents a consular identification card to 
                        satisfy an identification-related requirement 
                        of Federal law, and seeks admission within the 
                        10-year period beginning on the date of such 
                        presentation, is inadmissible.
                            ``(ii) Definitions.--For purposes of clause 
                        (i), the term `consular identification card' 
                        has the meaning given such term in section 
                        240(c)(3)(D)(ii)''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
aliens presenting consular identification cards on or after such date.
                                 <all>