[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1906 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                S. 1906

 To provide for enhanced Federal, State, and local enforcement of the 
               immigration laws, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2003

  Mr. Sessions (for himself and Mr. Miller) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for enhanced Federal, State, and local enforcement of the 
               immigration laws, 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 ``Homeland Security Enhancement Act of 
2003''.

    TITLE I--ENHANCING FEDERAL, STATE, AND LOCAL ENFORCEMENT OF THE 
                            IMMIGRATION LAWS

SEC. 101. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES 
              AND POLITICAL SUBDIVISIONS OF STATES.

    Notwithstanding any other provision of law and reaffirming the 
existing inherent authority of States, law enforcement personnel of a 
State or a political subdivision of a State have the inherent authority 
of a sovereign entity to apprehend, arrest, detain, or transfer to 
Federal custody aliens in the United States (including the 
transportation of such aliens across State lines to detention centers), 
in the enforcement of the immigration laws of the United States. This 
State authority has never been displaced or preempted by Congress.

SEC. 102. STATE AUTHORIZATION FOR ENFORCEMENT OF FEDERAL IMMIGRATION 
              LAWS ENCOURAGED.

    (a) In General.--Effective 2 years after the date of enactment of 
this Act, a State (or political subdivision of a State) that has in 
effect a statute, policy, or practice that prohibits law enforcement 
officers of the State, or of a political subdivision within the State, 
from enforcing Federal immigration laws or from assisting or 
cooperating with Federal immigration law enforcement in the course of 
carrying out the officers' law enforcement 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) Reallocation of Funds.--Any funds that are not allocated to a 
State due to the failure of the State to comply with this section shall 
be reallocated to States that comply with this section.

SEC. 103. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN 
              THE UNITED STATES.

    (a) Aliens Unlawfully Present.--Title II of the Immigration and 
Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding after 
section 275 the following:

``criminal penalties and forfeiture for unlawful presence in the united 
                                 states

    ``Sec. 275A. (a) In addition to any other violation, an alien 
present in the United States in violation of this Act shall be guilty 
of a misdemeanor and shall be fined under title 18, United States Code, 
imprisoned not more than 1 year, or both. The assets of any alien 
present in the United States in violation of this Act shall be subject 
to forfeiture under title 18, United States Code.
    ``(b) It shall be an affirmative defense to a violation of 
subsection (a) that the alien overstayed the time allotted under the 
visa due to an exceptional and extremely unusual hardship or physical 
illness that prevented the alien from leaving the United States by the 
required date.''.
    (b) Increase in Criminal Penalties for Illegal Entry.--Section 
275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is 
amended by striking ``6 months,'' and inserting ``1 year,''.
    (c) Permission To Depart Voluntarily.--Section 240B of the 
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in subsection (a)(2)(A), by striking ``120'' and 
        inserting ``30''.

SEC. 104. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--Not later than 180 days 
after the date of enactment of this Act, the Under Secretary for Border 
and Transportation Security of the Department of Homeland Security 
shall provide the National Crime Information Center of the Department 
of Justice with such information as the Director may have on any and 
all aliens against whom a final order of removal has been issued, any 
and all aliens who have signed a voluntary departure agreement, and any 
and all aliens who have overstayed their visa. Such information shall 
be provided to the National Crime Information Center regardless of 
whether or not the alien received notice of a final order of removal 
and even if the alien has already been removed.
    (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 paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether or not the alien has received notice of 
        the violation and even if the alien has already been removed; 
        and''.

SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION 
              ABOUT APPREHENDED ILLEGAL ALIENS.

    (a) Provision of Information.--
            (1) In general.--In order to receive funds under the State 
        Criminal Alien Assistance Program described in section 241(i) 
        of the Immigration and Nationality Act (8 U.S.C. 1231(i)), 
        States and localities shall provide to the Department of 
        Homeland Security the information listed in subsection (b) on 
        each alien apprehended in the jurisdiction of the State or 
        locality who is believed to be in violation of an immigration 
        law of the United States.
            (2) Time limitation.--Not later than 10 days after an alien 
        described in paragraph (1) is apprehended, information required 
        to be provided under paragraph (1) must be provided in such 
        form and in such manner as the Secretary of Homeland Security 
        may, by regulation or guideline, require.
    (b) Information Required.--The information listed in this 
subsection 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 encounter 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.
            (6) If applicable, the type of any other identification 
        document issued to the alien, any designation number contained 
        on the identification document, 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 readily 
        obtainable.
    (c) Reimbursement.--The Department of Homeland Security shall 
reimburse States and localities for all reasonable costs, as determined 
by the Secretary of Homeland Security, incurred by that State or 
locality as a result of providing information required by this section.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as necessary to carry out this Act.

SEC. 106. 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 existing facilities for 
        the detention of aliens, 20 detention facilities in the United 
        States, with 500 beds per facility, for aliens detained pending 
        removal or a decision on removal of such alien from the United 
        States.
            (2) Additional facilities.--Whenever the capacity of any 
        detention facility remains within a 1 percent range of full 
        capacity for longer than 1 year, the Secretary of Homeland 
        Security shall construct or acquire additional detention 
        facilities beyond the number authorized in paragraph (1) as are 
        appropriate to eliminate that condition.
            (3) Determinations.--The need for, or location of, any 
        detention facility built or acquired in accordance with this 
        subsection shall be determined by the detention trustee within 
        the Bureau of Immigration and Customs Enforcement.
            (4) Use of installations under base closure 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 realignment under the Defense Base Closure and 
        Realignment Act of 1990 (part A of title XXIX of Public Law 
        101-510; 10 U.S.C. 2687 note) for use in accordance with 
        subsection (a)(1).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as 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)) shall be amended 
by striking ``may expend'' and inserting ``shall expend''.

SEC. 107. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR 
              LOCAL LAW ENFORCEMENT.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by adding after section 240C the 
following:

                      ``custody of illegal aliens

    ``Sec. 240D. (a) If the chief executive officer of a State (or, if 
appropriate, a political subdivision of the State) exercising authority 
with respect to the apprehension of an illegal alien submits a request 
to the Secretary of Homeland Security that the alien be taken into 
Federal custody, the Secretary of Homeland Security--
            ``(1) shall--
                    ``(A) not later than 48 hours after the conclusion 
                of the State charging process or dismissal process, or 
                if no State charging or dismissal process is required, 
                not later than 48 hours after the illegal alien is 
                apprehended, take the illegal 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 incarcerate or transport 
                the illegal alien for transfer to Federal custody; and
            ``(2) shall designate a 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 the criminal or illegal aliens to the 
        Department of Homeland Security.''.
    ``(b) The Department of Homeland Security shall reimburse States 
and localities for all reasonable expenses, as determined by the 
Secretary of Homeland Security, incurred by a State or locality in the 
incarceration and transportation of an illegal alien as described in 
subparagraphs (A) and (B) of subsection (a)(1). Compensation provided 
for costs incurred under subparagraphs (A) and (B) of subsection (a)(1) 
shall be the average cost of incarceration of a prisoner in the 
relevant State, as determined by the chief executive officer of a State 
(or, as appropriate, a political subdivision of the State) plus the 
cost of transporting the criminal or illegal alien from the point of 
apprehension, to the place of detention, and to the custody transfer 
point if the place of detention and place of custody are different.
    ``(c) The Secretary of Homeland Security shall ensure that illegal 
aliens incarcerated in Federal facilities pursuant to this subsection 
are held in facilities which provide an appropriate level of security.
    ``(d)(1) In carrying out this section, the Secretary of Homeland 
Security may establish a regular circuit and schedule for the prompt 
transfer of apprehended illegal aliens from the custody of States and 
political subdivisions of States to Federal custody.
    ``(2) The Secretary of Homeland Security may enter into contracts 
with appropriate State and local law enforcement and detention 
officials to implement this subsection.
    ``(e) For purposes of this section, the term `illegal alien' means 
an alien who--
            ``(1) entered the United States without inspection or at 
        any time 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
            ``(4) failed to depart the United States under a voluntary 
        departure agreement or under a final order of removal.''.
    (b) Authorization of Appropriations for the Detention and 
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There is authorized to be appropriated $500,000,000 for the detention 
and removal of aliens not lawfully present in the United States under 
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal 
year 2004 and each subsequent fiscal year.

SEC. 108. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL 
              RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Training Manual and Pocket Guide.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary of Homeland Security 
        shall establish--
                    (A) a training manual for law enforcement personnel 
                of a State or political subdivision of a State to train 
                such personnel in the investigation, identification, 
                apprehension, arrest, detention, and transfer to 
                Federal custody of aliens in the United States 
                (including the transportation of such aliens across 
                State lines to detention centers and identification of 
                fraudulent documents); and
                    (B) an immigration enforcement pocket guide for law 
                enforcement personnel of a State or political 
                subdivision of a State to provide a quick reference for 
                such personnel in the course of duty.
            (2) Availability.--The training manual and pocket guide 
        established in accordance with paragraph (1) shall be made 
        available to all State and local law enforcement personnel.
            (3) Applicability.--Nothing in this subsection shall be 
        construed to require State or local law enforcement personnel 
        to carry the training manual or pocket guide established in 
        accordance with paragraph (1) with them while on duty.
            (4) Costs.--The Department of Homeland Security shall be 
        responsible for any costs incurred in establishing the training 
        manual and pocket guide under this subsection.
    (b) Training Flexibility.--
            (1) In general.--The Department of Homeland Security shall 
        make training of State and local law enforcement officers 
        available through as many means as possible, including 
        residential training at Federal facilities, onsite training 
        held at State or local police agencies or facilities, online 
        training courses by computer, teleconferencing, and videotape, 
        or the digital video display (DVD) of a training course or 
        courses.
            (2) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace or otherwise adversely affect the training of Federal 
        personnel.
    (c) Administration Fees.--The Secretary of Homeland Security may 
charge a fee for training under subsection (b) that shall be an amount 
equal to not more than half the actual costs of providing such 
training.
    (d) Clarification.--Nothing in this Act or any other provision of 
law shall be construed as making any immigration-related training a 
requirement for, or prerequisite to, any State or local law enforcement 
officer exercising that officer's inherent authority to apprehend, 
arrest, detain, or transfer to Federal custody illegal aliens during 
the normal course of carrying out their law enforcement duties.
    (e) Training Limitation.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (2), by adding at the end the following: 
        ``Such training shall not exceed 14 days or 80 hours, whichever 
        is longer.''.

SEC. 109. IMMUNITY.

    (a) Personal Immunity.--Notwithstanding any other provision of law, 
a law enforcement officer of a State or local law enforcement agency 
shall be immune, to the same extent as a Federal law enforcement 
officer, from personal liability arising out of the enforcement of any 
immigration law, provided the officer is acting within the scope of the 
officer's official duties.
    (b) Agency Immunity.--Notwithstanding any other provision of law, a 
State or local law enforcement agency shall be immune from any claim 
for money damages based on Federal, State, or local civil rights law 
for an incident arising out of the enforcement of any immigration law, 
except to the extent that the law enforcement officer of that agency, 
whose action the claim involves, committed a violation of Federal, 
State, or local criminal law in the course of enforcing such 
immigration law.

SEC. 110. PLACES OF DETENTION FOR ALIENS ARRESTED PENDING EXAMINATION 
              AND DECISION ON REMOVAL.

    (a) In General.--Section 241(g) of the Immigration and Nationality 
Act (8 U.S.C. 1231(g)) is amended by adding at the end the following:
            ``(3) Policy on detention in state and local detention 
        facilities.--In carrying out paragraph (1), the Secretary of 
        Homeland Security shall ensure that an alien arrested under 
        section 287(a) is detained, pending the alien's being taken for 
        the examination described in that section, in a State or local 
prison, jail, detention center, or other comparable facility, if--
                    ``(A) such a facility is the most suitably located 
                Federal, State, or local facility available for such 
                purpose under the circumstances;
                    ``(B) an appropriate arrangement for such use of 
                the facility can be made; and
                    ``(C) such facility satisfies the standards for the 
                housing, care, and security of persons held in custody 
                of a United States marshal.''.
    (b) Detention Facility Suitability.--Notwithstanding any other 
provision of law, a facility described in section 241(g)(3)(C) of the 
Immigration and Nationality Act, as added by subsection (a), is 
adequate for detention of persons being held for immigration related 
violations.
    (c) Technical and Conforming Amendment.--Section 241 of the 
Immigration and Nationality Act (8 U.S.C. 1231) is amended by striking 
``Attorney General'' each place that term appears and inserting 
``Secretary of Homeland Security''.

SEC. 111. INSTITUTIONAL REMOVAL PROGRAM.

    (a) Continuation.--
            (1) In general.--The Department of Homeland Security shall 
        continue to operate and implement the program known as the 
        Institutional Removal Program (IRP) which--
                    (A) identifies removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensures such aliens are not released into the 
                community; and
                    (C) removes such aliens from the United States 
                after the completion of their sentences.
            (2) Expansion.--The Institutional Removal Program shall be 
        extended to all States. Any State that receives Federal funds 
        for the incarceration of criminal aliens shall--
                    (A) cooperate with Federal Institutional Removal 
                Program officials;
                    (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey such information to Federal IRP 
                authorities as a condition for receiving such funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State or political 
subdivision of a State have the authority to--
            (1) hold an illegal alien for a period of up to 14 days 
        after the alien has completed the alien's State prison sentence 
        in order to effectuate the transfer of the alien to Federal 
        custody when the alien is removable or not lawfully present in 
        the United States; or
            (2) issue a detainer that would allow aliens who have 
        served a State prison sentence to be detained by the State 
        prison until personnel from the Bureau of Immigration and 
        Customs Enforcement can take the alien into custody.
    (c) Technology Usage.--Technology such as videoconferencing shall 
be used to the maximum extent possible in order to make the 
Institutional Removal Program (IRP) available in remote locations. 
Mobile access to Federal databases of aliens, such as IDENT, and live 
scan technology shall be used to the maximum extent practicable in 
order to make these resources available to State and local law 
enforcement agencies in remote locations.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out the Institutional Removal Program--
            (1) $10,000,000 for fiscal year 2004;
            (2) $20,000,000 for fiscal year 2005;
            (3) $30,000,000 for fiscal year 2006;
            (4) $40,000,000 for fiscal year 2007;
            (5) $50,000,000 for fiscal year 2008;
            (6) $60,000,000 for fiscal year 2009;
            (7) $70,000,000 for fiscal year 2010; and
            (8) $80,000,000 for fiscal year 2011.

TITLE II--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT 
           IN THE INTERIOR THROUGH IMPROVED DOCUMENT SECURITY

SEC. 201. DRIVERS LICENSES.

    (a) Expiration Date for Certain Aliens.--
            (1) In general.--Section 656 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (5 U.S.C. 301 
        note) is amended by inserting after subsection (a) the 
        following:
    ``(b) State-Issued Driver's Licenses Expiration Date.--A Federal 
agency may not accept for any identification-related purpose a driver's 
license issued by a State unless, if the driver's license is issued to 
an alien who is in lawful status but who is not an alien lawfully 
admitted for permanent residence, the period of validity of the license 
expires on the date on which the alien's authorization to remain in the 
United States expires.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect beginning on October 1, 2007, but shall apply 
        only to licenses issued to an individual for the first time and 
        to replacement or renewal licenses issued according to State 
        law.
    (b) Condition of Funds.--Section 402(b)(1) of title 23, United 
States Code, is amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(E) prohibit aliens who are not in lawful status, 
                as determined under the Immigration and Nationality Act 
                (8 U.S.C. 1101 et seq.), from being issued a driver's 
                license in that State.''.

SEC. 202. SECURE AND VERIFIABLE IDENTIFICATION REQUIRED FOR FEDERAL 
              PUBLIC BENEFITS.

    (a) In General.--In the provision in the United States of a Federal 
public benefit or service that requires the recipient to produce 
identification, no Federal agency, commission, or other entity within 
the executive, legislative, or judicial branch of the Federal 
Government may accept, recognize, or rely on (or authorize the 
acceptance or recognition of, or the reliance on) any identification 
document, unless--
            (1) the document was issued by a United States Federal or 
        State authority and is subject to verification by a United 
        States Federal law enforcement, intelligence, or homeland 
        security agency; or
            (2) the recipient--
                    (A) is lawfully present in the United States;
                    (B) is in possession of a passport; and
                    (C) is a citizen of a country for which the visa 
                requirement for entry into the United States is waived 
                if the alien possesses a passport from such country.
    (b) Immunity.--An elected or appointed official, employee, or other 
contractor or agent of the Federal Government who takes an action 
inconsistent with subsection (a) is deemed to be acting beyond the 
scope of authority granted by law and shall not be immune from 
liability for such action, unless such immunity is conferred by the 
Constitution and cannot be waived.
                                 <all>