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.

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.

Sense of Congress

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

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.

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:

Official language

161.

Official language of the United States

The official language of the United States is English.

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.

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.

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.

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.

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:

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.

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.

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).