[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4079 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4079

   To reduce the number of visa overstays and to ensure that illegal 
 aliens are apprehended, detained, and removed as rapidly as possible.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2005

  Mr. Sullivan (for himself, Mr. Burton of Indiana, Mr. Tancredo, Mr. 
 Hayworth, Mr. Goode, Mr. Jones of North Carolina, Mr. Hefley, and Mr. 
    Garrett of New Jersey) introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
    Committee 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 reduce the number of visa overstays and to ensure that illegal 
 aliens are apprehended, detained, and removed as rapidly as possible.

    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 ``Secure Our Nation's Interior Act of 
2005''.

SEC. 2. EXPEDITED REMOVAL.

    Section 235(b)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through (iii) 
and inserting the following:
                            ``(i) In general.--If an immigration 
                        officer determines that an alien (other than an 
                        alien described in subparagraph (F)) who is 
                        arriving in the United States, or who has not 
                        been admitted or paroled into the United States 
                        and who has not affirmatively shown, to the 
                        satisfaction of an immigration officer, that 
                        the alien has been physically present in the 
                        United States continuously for the 1-year 
                        period immediately prior to the date of the 
                        determination of inadmissibility under this 
                        paragraph, is inadmissible under section 
                        212(a)(6)(C) or 212(a)(7), the officer shall 
                        order the alien removed from the United States 
                        without further hearing or review, unless--
                                    ``(I) the alien has been charged 
                                with a crime, is in criminal 
                                proceedings, or is serving a criminal 
                                sentence; or
                                    ``(II) the alien indicates an 
                                intention to apply for asylum under 
                                section 208 or a fear of persecution 
                                and the officer determines that the 
                                alien has been physically present in 
                                the United States for less than 1 year.
                            ``(ii) Claims for asylum.--If an 
                        immigration officer determines that an alien 
                        (other than an alien described in subparagraph 
                        (F)) who is arriving in the United States, or 
                        who is described in clause (i), and the alien 
                        indicates either an intention to apply for 
                        asylum under section 208 or a fear of 
                        persecution, the officer shall refer the alien 
                        for an interview by an asylum officer under 
                        subparagraph (B) if the officer determines that 
                        the alien has been physically present in the 
                        United States for less than 1 year.''.

SEC. 3. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW 
              ENFORCEMENT.

     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. 4. DEPARTMENT OF HOMELAND SECURITY RESPONSE TO REQUESTS FOR 
              ASSISTANCE FROM STATE AND 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) In General.--If the Governor 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
            ``(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, 
                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. The Secretary of Homeland 
        Security may enter into contracts with appropriate State and 
        local law enforcement, private entities, and detention 
        officials to implement this subsection.
    ``(b) Reimbursement to States and Localities.--The Secretary of 
Homeland Security shall reimburse States and localities for all 
reasonable expenses, as determined by the Secretary, 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) Incarceration of Illegal Aliens.--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) Transfer of Illegal Aliens.--
            ``(1) In general.--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) Agreements.--The Secretary of Homeland Security may 
        enter into contracts with appropriate State and local law 
        enforcement, private entities, and detention officials to 
        implement this subsection.
    ``(e) Definition.--For purposes of this section, the term `illegal 
alien' means an alien who entered the United States without inspection 
or at any time or place other than that designated by the Secretary of 
Homeland Security.''.

SEC. 5. UNIVERSAL PROCESSING THROUGH THE AUTOMATED ENTRY-EXIT CONTROL 
              SYSTEM.

    (a) Record of Entry and Exit.--Subsection (a) of section 110 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1221 note) is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (4), respectively;
            (2) by inserting before paragraph (2) (as so redesignated), 
        the following new paragraph:
            ``(1) collect and maintain a record of each admission for 
        every alien arriving in the United States;''; and
            (3) in paragraph (2) (as so redesignated)--
                    (A) by striking ``(1) collect a record of'' and 
                inserting ``(1) collect and maintain a record of 
                each'';
                    (B) by striking the ``and'' at the end; and
                    (C) by inserting after paragraph (2) (as so 
                redesignated), the following:
            ``(3) verify the identity of every arriving and departing 
        alien by comparing in real time the biometric identifier on 
        such alien's travel or entry document or passport with the 
        arriving or departing alien; and''.
    (b) Inspection.--
            (1) Paragraph (3) of section 235(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(a)) is amended to read as 
        follows:
            ``(3) Inspection.--
                    ``(A) In general.--All aliens (including alien 
                crewmen) who are applicants for admission or otherwise 
                seeking admission or readmission to or transit through 
                the United States shall be inspected by immigration 
                officers.
                    ``(B) Processing through entry-exit system.--
                Notwithstanding any other provision of law and subject 
                to clauses (i) and (ii), no alien may be admitted to 
                the United States unless such alien has been processed 
                through the automated entry-exit control system 
                required by section 110 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act (8 U.S.C. 1221 
                note).''.
            (2) Paragraph (1) shall apply to all aliens seeking 
        admission or readmission on or after December 31, 2006.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit a report 
to the Congress detailing the additional resources, including machine 
readers and personnel, that are needed at each port of entry, based on 
recent and anticipated volumes of admissions at such ports of entry, to 
fully implement subsection (b).
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