[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4172 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4172

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2005

   Mr. Ney introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for enhanced enforcement of the Federal 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 ``Keep Americans Safe Act of 2005''.

SEC. 2. FEDERAL AFFIRMATION OF STATE AND LOCAL ASSISTANCE IN 
              ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

    (a) In General.--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 investigate, 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 course of carrying out their routine 
duties for the purpose of assisting in the enforcement of the 
immigration laws of the United States.
    (b) Construction.--Nothing in this section shall be construed to 
require law enforcement officers of a State or political subdivision of 
a State to--
            (1) report the identity of victims of, or witnesses to, a 
        criminal offense to the Secretary of Homeland Security; or
            (2) arrest such victims or witnesses for immigration 
        violations.

SEC. 3. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER (NCIC) DATABASE.

    (a) Provision of Information to NCIC.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and continually thereafter, 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 Under Secretary may have on--
                    (A) all aliens against whom a final order of 
                removal has been issued;
                    (B) all aliens who have signed a voluntary 
                departure agreement; and
                    (C) all aliens whose visas have been revoked.
            (2) Circumstances.--The information described in paragraph 
        (1) shall be provided to the National Crime Information Center 
        regardless of whether--
                    (A) the alien received notice of a final order of 
                removal; or
                    (B) the alien has already been removed.
    (b) Inclusion of Information in 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; and''.
    (c) Permission to Depart Voluntarily.--Section 240B(a)(2)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1229c(a)(2)(A)) is amended by 
striking ``120'' and inserting ``30''.

SEC. 4. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL 
              LAW ENFORCEMENT.

    Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231) 
is amended by adding at the end the following:
    ``(j) Custody of Illegal Aliens.--
            ``(1) In general.--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--
                    ``(A) shall--
                            ``(i) 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
                            ``(ii) request that the relevant State or 
                        local law enforcement agency temporarily 
                        incarcerate or transport the illegal alien for 
                        transfer to Federal custody; and
                    ``(B) shall designate at least 1 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 alien to the Secretary of Homeland 
                Security.
            ``(2) Reimbursement.--
                    ``(A) In general.--The Department of Homeland 
                Security shall reimburse States and political 
                subdivisions for all reasonable expenses, as determined 
                by the Secretary of Homeland Security, incurred by a 
                State or political subdivision in the incarceration and 
                transportation of an illegal alien as described in 
                subparagraphs (A) and (B) of paragraph (1).
                    ``(B) Cost computation.--Compensation provided for 
                costs incurred under subparagraphs (A) and (B) of 
                paragraph (1) shall be the sum of--
                            ``(i)(I) the average cost of incarceration 
                        of a prisoner per day in the relevant State, as 
                        determined by the chief executive officer of a 
                        State, or, as appropriate, a political 
                        subdivision of the State; multiplied by
                            ``(II) the number of days that the alien 
                        was in the custody of the State or political 
                        subdivision; and
                            ``(ii) the cost of transporting the 
                        criminal or illegal alien--
                                    ``(I) from the point of 
                                apprehension to the place of detention; 
                                and
                                    ``(II) if the place of detention 
                                and place of custody are different, to 
                                the custody transfer point.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as may be necessary to 
        carry out paragraph (2).''.

SEC. 5. FELONIES COMMITTED BY ILLEGAL ALIENS.

    (a) Offenses.--Title 18, United States Code, is amended by 
inserting after chapter 51 the following new chapter:

  ``CHAPTER 52--ENHANCED PENALTIES FOR FELONIES COMMITTED BY ILLEGAL 
                                 ALIENS

``Sec. 1131. Enhanced penalties for felonies committed by illegal 
              aliens
    ``Whoever, being an alien who is unlawfully present in the United 
States, commits a felony shall be fined under this title and sentenced 
to not less than 5 years in prison. If the defendant was previously 
ordered removed under the Immigration and Nationality Act on the 
grounds of having committed a crime, the defendant shall be sentenced 
to not less than 15 years in prison. A sentence of imprisonment imposed 
under this section shall run consecutively to any other sentence of 
imprisonment imposed for any other crime.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 51 the following new item:

  ``Chapter 52--Enhanced penalties for felonies committed by illegal 
                                 aliens

``1131. Enhanced penalties for felonies committed by illegal aliens.''.
                                 <all>