[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5456 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5456

 To respond to the crisis of illegal immigration in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2006

Mr. Burton of Indiana introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committees on 
Homeland Security, Education and the Workforce, and Ways and Means, 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 respond to the crisis of illegal immigration in the United States.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Illegal 
Immigration Crisis Response Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Sense of Congress.
Sec. 4. Border security.
Sec. 5. English as official language of the United States.
Sec. 6. Illegal aliens living in the United States.
Sec. 7. Visa tightening for temporary workers.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The illegal entry of dangerous gang members, such as 
        MS-13, is a direct threat to the security of the United States.
            (2) The continuing rise of illegal immigration increases 
        the chances that a terrorist will gain entry into the United 
        States undetected.
            (3) The rising cost to American taxpayers to support 
        housing, health care, education expenses, and criminal justice 
        for illegal aliens has reached between $11 billion and $22 
        billion per year.
            (4) Any attempt to deal with the illegal aliens currently 
        living in the United States must be dealt with after the United 
        States has secured its borders in order to prevent a flood of 
        illegal aliens seeking to take advantage of any programs for 
        citizenship.
            (5) Deportation of the estimated 12 to 20 million illegal 
        aliens currently residing in the United States is not feasible.
            (6) Placing illegal aliens currently living in the United 
        States on a path to citizenship is the least desirable option, 
        but is one of many options the United States must examine.
            (7) Amnesties that have passed before were unsuccessful 
        because they did not fully execute a border security program at 
        the same time.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the worsening crisis of illegal 
immigration needs to be solved.

SEC. 4. BORDER SECURITY.

    (a) Full-Time Active-Duty Border Patrol Agents.--In order to 
fulfill the requirement under section 5202 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458) (relating to 
an increase in the number of positions for full-time active-duty border 
patrol agents within the Department of Homeland Security), and subject 
to the availability of appropriations for such purpose, the Secretary 
of Homeland Security shall--
            (1) increase incentives to recruit individuals to become 
        such agents by offering such individuals repayment of higher 
        education loans; and
            (2) establish a Border Patrol Agent Training Program 
        modeled on the Reserve Officers' Training Corps under which 
        individuals are provided with one year of tuition reimbursement 
        for each year of service as a full-time active-duty border 
        patrol agent.
    (b) Deployment of Technology.--The Secretary of Homeland Security 
is authorized to deploy newly developed technologies, such as infrared 
cameras, motion detectors, and unmanned aerial surveillance vehicles, 
to secure the international land and maritime borders of the United 
States.
    (c) Construction of Border Fence.--The Secretary of Homeland 
Security is authorized to construct a border security fence along 
portions of the southern international land border of the United States 
as the Secretary determines necessary.
    (d) Admission to the United States.--Not later than one year after 
the date of the enactment of this Act, no individual may be admitted to 
the United States unless such individual presents to an immigration 
officer appropriate documentation, such as an authentic, valid passport 
issued by the government of a foreign country or by the Government of 
the United States, a valid nonimmigrant or immigrant visa, a United 
States driver's license, an alien registration card, or a border 
crossing identification card.

SEC. 5. ENGLISH AS OFFICIAL LANGUAGE OF THE UNITED STATES.

    (a) In General.--Title 4, United States Code, is amended by adding 
at the end the following new chapter:

                     ``CHAPTER 6--OFFICIAL LANGUAGE

``Sec. 161. Official language of the United States
    ``The official language of the United States is English.
``Sec. 162. Preserving and enhancing the role of the official language
    ``Representatives of the Federal Government shall have an 
affirmative obligation to preserve and enhance the role of English as 
the official language of the Federal Government. Such obligation shall 
include encouraging greater opportunities for individuals to learn the 
English language.
``Sec. 163. Official functions of Government to be conducted in English
    ``(a) Official Functions.--The official functions of the Government 
of the United States shall be conducted in English.
    ``(b) Scope.--For the purposes of this section, the term `United 
States' means the several States and the District of Columbia, and the 
term `official' refers to any function that (i) binds the Government, 
(ii) is required by law, or (iii) is otherwise subject to scrutiny by 
either the press or the public.
    ``(c) Practical Effect.--This section shall apply to all laws, 
public proceedings, regulations, publications, orders, actions, 
programs, and policies, but does not apply to--
            ``(1) teaching of languages;
            ``(2) requirements under the Individuals with Disabilities 
        Education Act;
            ``(3) actions, documents, or policies necessary for 
        national security, international relations, trade, tourism, or 
        commerce;
            ``(4) actions or documents that protect the public health 
        and safety;
            ``(5) actions or documents that facilitate the activities 
        of the Bureau of the Census in compiling any census of 
        population;
            ``(6) actions that protect the rights of victims of crimes 
        or criminal defendants; or
            ``(7) using terms of art or phrases from languages other 
        than English.
``Sec. 164. Uniform English language rule for naturalization
    ``(a) Uniform Language Testing Standard.--All citizens should be 
able to read and understand generally the English language text of the 
Declaration of Independence, the Constitution, and the laws of the 
United States made in pursuance of the Constitution.
    ``(b) Ceremonies.--All naturalization ceremonies shall be conducted 
in English.
``Sec. 165. Rules of construction
    ``Nothing in this chapter shall be construed--
            ``(1) to prohibit a Member of Congress or any officer or 
        agent of the Federal Government, while performing official 
        functions, from communicating unofficially through any medium 
        with another person in a language other than English (as long 
        as official functions are performed in English);
            ``(2) to limit the preservation or use of Native Alaskan or 
        Native American languages (as defined in the Native American 
        Languages Act);
            ``(3) to disparage any language or to discourage any person 
        from learning or using a language; or
            ``(4) to be inconsistent with the Constitution of the 
        United States.
``Sec. 166. Standing
    ``A person injured by a violation of this chapter may in a civil 
action (including an action under chapter 151 of title 28) obtain 
appropriate relief.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
title 4, United States Code, is amended by inserting after the item 
relating to chapter 5 the following new item:

                   ``Chapter 6. Official Language''.

    (c) General Rules of Construction for English Language Texts of the 
Laws of the United States.--
            (1) In general.--Chapter 1 of title 1, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 8. General rules of construction for laws of the United States
    ``(a) English language requirements and workplace policies, whether 
in the public or private sector, shall be presumptively consistent with 
the laws of the United States; and
    ``(b) Any ambiguity in the English language text of the laws of the 
United States shall be resolved, in accordance with the last two 
articles of the Bill of Rights, not to deny or disparage rights 
retained by the people, and to reserve powers to the States 
respectively, or to the people.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1 of title 1, United States Code, is 
        amended by inserting after the item relating to section 7 the 
        following new item:

``8.  General Rules of Construction for Laws of the United States.''.
    (d) Implementing Regulations.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall issue for public notice and comment a proposed rule for uniform 
testing English language ability of candidates for naturalization, 
based upon the principles that--
            (1) all citizens should be able to read and understand 
        generally the English language text of the Declaration of 
        Independence, the Constitution, and the laws of the United 
        States which are made in pursuance thereof; and
            (2) any exceptions to this standard should be limited to 
        extraordinary circumstances, such as asylum.

SEC. 6. ILLEGAL ALIENS LIVING IN THE UNITED STATES.

    (a) Establishment of Office of Alien Registration.--Not later than 
six months after the date of the enactment of this Act, the Secretary 
of Homeland Security shall establish in the Department of Homeland 
Security an Office of Alien Registration (in this section referred to 
as the ``Office'') that shall be responsible for managing the 
registration, adjustment, and citizenship process under this section of 
aliens who are unlawfully present in the United States.
    (b) Registration With Office.--
            (1) In general.--Except as provided in paragraph (2), if an 
        alien who is unlawfully present in the United States can prove 
        to the satisfaction of the Secretary of Homeland Security, in 
        accordance with regulations promulgated by the Secretary, that 
        such alien was continuously physically present in the United 
        States since the date of the introduction in the House of 
        Representatives of the Illegal Immigration Crisis Response Act 
        of 2006 (109th Congress), such alien may register with the 
        Office under this section during the six-month period beginning 
        on the date of the establishment of the Office.
            (2) Prohibition on registration of criminal aliens and 
        terrorists.--The Secretary may not register an alien under this 
        subsection unless the Secretary has verified, including by 
        screening against an appropriate terrorist watchlist and 
        through a criminal background check, that the alien is not 
        inadmissible on any ground under paragraph (2) or (3) of 
        section 212(a) of the Immigration and Nationality Act (8 U.S.C. 
        1182(a)) (relating to inadmissibility on criminal and related 
        grounds activities and on security and related grounds, 
        including terrorism).
            (3) Identification cards provided.--
                    (A) Temporary identification card.--At the time of 
                registration under this subsection, an alien shall be 
                issued a temporary identification card by the Office 
                and shall provide the Office with information necessary 
                for the issuance of a permanent identification card 
                under subparagraph (B).
                    (B) Permanent identification card.--The Office 
                shall, as expeditiously as practicable, mail to an 
                alien who has registered under this section a permanent 
                identification card. Such permanent identification 
                cards shall be tamper-resistant and counterfeit-proof 
                and shall feature a common machine-readable technology 
                with defined minimum data elements, including the 
                following information:
                            (i) The alien's full legal name.
                            (ii) The alien's date of birth.
                            (iii) The alien's gender.
                            (iv) A digital photograph of the alien.
                            (v) The alien's address of principal 
                        residence.
                            (vi) The alien's signature.
                            (vii) Physical security features, similar 
                        to those in use for United States currency, 
                        designed to prevent tampering, counterfeiting, 
                        or duplication of the identification card for 
                        fraudulent purposes.
                            (viii) A biometric component, such as a 
                        fingerprint or an iris scan.
            (4) Fees.--An alien shall pay to the Office a fee for the 
        costs associated with--
                    (A) registration of such an alien under this 
                subsection; and
                    (B) providing such an alien with such temporary and 
                permanent identification cards.
            (5) Surrender of card.--At the time of the naturalization 
        of an alien registered under this subsection, such an alien 
        shall surrender to the Office the alien's temporary and 
        permanent identification cards.
    (c) Expedited Removal and Criminal Penalties for Nonregistered 
Aliens.--
            (1) Expedited removal.--
                    (A) In general.--Except as provided in subparagraph 
                (B), notwithstanding any other provision of law--
                            (i) any alien who--
                                    (I) is unlawfully present in the 
                                United States;
                                    (II) is not registered under 
                                subsection (b), or is so registered but 
                                or has not satisfied the requirements 
                                of subsection (e); and
                                    (III) is apprehended in the United 
                                States at a location that is not along 
                                the international land or maritime 
                                borders of the United States;
                        shall be immediately detained and presented 
                        before an immigration judge (as defined in 
                        section 101(b)(4) of the Immigration and 
                        Nationality Act (8 U.S.C. 1101(b)(4)));
                            (ii) the name and fingerprints of such 
                        alien shall be added to an appropriate watch 
                        list maintained by the Department of Homeland 
                        Security concerning aliens who have been 
                        unlawfully present in the United States; and
                            (iii) the judge shall order the alien 
                        immediately removed from the United States 
                        without being released from detention and 
                        without further hearing or review in the same 
                        manner as an alien described in subparagraph 
                        (A)(i) of section 235(a)(1) of such Act (8 
                        U.S.C. 1225(a)(1)) is subject to immediate 
                        removal from the United States under the 
                        provisions of such section.
                    (B) Exception.--In the case of an alien who is 
                eligible to register under subsection (b), subparagraph 
                (A) shall not apply until after the last day of the 
                six-month registration period provided under such 
                subsection.
            (2) Criminal penalties for subsequent unlawful presence.--
        An alien who is removed from the United States under paragraph 
        (1) and who is subsequently determined to be unlawfully present 
        in the United States shall be imprisoned for not more than five 
        years and fined in accordance with title 18, United States 
        Code, and shall be removed from the United States under such 
        paragraph after having completed the term of imprisonment.
    (d) Temporary Resident Status.--
            (1) In general.--Upon registration under subsection (b), 
        the Secretary of Homeland Security shall adjust the status of 
        such an alien to that of an alien lawfully admitted for 
        temporary residence.
            (2) Period of validity.--Such temporary status shall be 
        valid for a period of 15 months beginning on the date of the 
        adjustment but shall be extended during the pendency of an 
        application for adjustment to lawful permanent resident status 
        under subsection (e)(1)(A).
            (3) Termination of status and removal from united states.--
        The Secretary shall terminate the status of an alien provided 
        lawful temporary residence under this section and remove such 
        alien from the United States in accordance with subsection (c) 
        in the same manner as an alien described in such subsection is 
        subject to removal if--
                    (A) the Secretary determines that such alien was in 
                fact not eligible for registration under subsection 
                (b); or
                    (B) such alien--
                            (i) commits an act that makes such alien 
                        inadmissible to the United States as an 
                        immigrant; or
                            (ii) is convicted of any felony or three or 
                        more misdemeanors committed in the United 
                        States.
    (e) Subsequent Adjustment to Permanent Residence.--
            (1) In general.--The Secretary of Homeland Security shall 
        adjust the status of an alien provided lawful temporary 
        resident status under subsection (d) (which has not be 
        terminated or subject to termination under paragraph (3) of 
        such subsection) to that of an alien lawfully admitted for 
        permanent residence if such alien satisfies the following 
        requirements:
                    (A) Timely application after one year's 
                residence.--Such alien submits to the Office an 
                application for such adjustment during the three month 
                period beginning with the twelfth month that begins 
                after the date such alien was granted such temporary 
                resident status.
                    (B) Basic citizenship skills.--Such alien 
                demonstrates to the satisfaction of the Secretary of 
                Homeland Security that such alien satisfies the 
                requirements of section 312(a) of the Immigration and 
                Nationality Act (8 U.S.C. 1423(a)) (relating to an 
                understanding of the English language, including an 
                ability to read, write, and speak words in ordinary 
                usage in the English language, and a knowledge and 
                understanding of the fundamentals of the history, and 
                of the principles and form of government, of the United 
                States).
            (2) Relation to naturalization examination.--In accordance 
        with regulations of the Secretary of Homeland Security, an 
        alien who has demonstrated under paragraph (1)(B) that such 
        alien satisfies the requirements of section 312(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1423(a)) may be 
        considered to have satisfied the requirements of such section 
        for purposes of becoming naturalized as a citizen of the United 
        States under title III of such Act.
            (3) Removal from united states for failure to adjust 
        status.--If an alien obtains lawful temporary resident status 
        and does not satisfy the requirements of this subsection for 
        adjustment to lawful permanent residence, such alien shall be 
        removed from the United States in accordance with subsection 
        (c) in the same manner as an alien described in such subsection 
        is subject to removal.
    (f) Employer Responsibilities.--
            (1) In general.--Each employer in the United States that 
        employs an alien who is eligible for registration under 
        subsection (b) and who is not otherwise so registered shall 
        register such alien with the Office under such subsection.
            (2) Penalties.--An employer that violates the requirement 
        of paragraph (1) shall be fined by the Office in an amount not 
        to exceed $50,000 for each such alien with respect to whom such 
        a violation occurs.
    (g) Payment of Taxes.--Beginning on the date of an alien's 
registration under subsection (b), such an alien shall be liable for 
the payment of all applicable Federal, State, and local taxes.
    (h) Naturalization.--An alien who is registered with the Office 
under subsection (b) and whose status has been adjusted under 
subsection (e) to that of an alien lawfully admitted for permanent 
residence is eligible for naturalization under title III of the 
Immigration and Nationality Act if such an alien satisfies the 
requirements for otherwise applicable.

SEC. 7. VISA TIGHTENING FOR TEMPORARY WORKERS.

    Visas issued to nonimmigrants under subparagraph (H)(ii) of section 
101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(15)) shall be tamper-resistant and counterfeit-proof and shall 
contain a biometric component, such as a fingerprint or an iris scan, 
that is substantially similar to the biometric component required under 
section 6(b)(3)(B)(viii).
                                 <all>