[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5523 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5523

  To align the immigration laws of the United States with the Mexican 
                        General Population Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 6, 2006

Mr. Linder (for himself and Mr. Forbes) 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 align the immigration laws of the United States with the Mexican 
                        General Population Act.

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

SECTION 1. SHORT TITLE; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``U.S. General 
Population Act''.
    (b) Definitions.--In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Foreigner.--The term ``foreigner'' means any person who 
        is not a United States citizen or national.
            (4) General minimum daily wage.--The term ``general minimum 
        daily wage'' means--
                    (A) the amount equal to the national minimum wage 
                defined by law; multiplied by
                    (B) the average number of daily hours worked in the 
                United States, as calculated by the Secretary of Labor.

                     TITLE I--OBJECTIVE AND PURPOSE

SEC. 101. GENERAL OBJECTIVES OF DOMESTIC DEMOGRAPHIC POLICIES.

    For purposes of this Act, the Department of Homeland Security shall 
issue and implement, or promote before the corresponding agencies or 
entities when applicable, such measures as may be necessary in order 
to--
            (1) influence population dynamics by way of educations 
        systems, public health systems, professional and technical 
        training systems, and child protection systems, and encourage 
        the participation of the collective populace in solving the 
        problems that affect it;
            (2) regulate the immigration of foreigners according to the 
        modalities deemed appropriate, and ensure the best assimilation 
        of same into the national environment as well as their proper 
        distribution throughout the national territory;
            (3) restrict the emigration of United States citizens and 
        nationals when national interests so require; and
            (4) stimulate the establishment of strong population cores 
        of United States citizens and nationals in those border areas 
        that are characterized by low population density.

SEC. 102. IMPLEMENTATION OF PROCEDURES TO CARRY OUT DOMESTIC 
              DEMOGRAPHIC POLICIES.

    For purposes of the preceding section, the United States 
Government, as well as other public-sector entities, based on their 
attributes as set forth by law, shall be required to apply and 
implement such procedures as may be necessary to achieve each of the 
objectives of the domestic demographic policies. The Department of 
Homeland Security, however, shall be exclusively responsible for 
establishing norms, handling joint initiatives, and coordinating 
programs between said entities as relates to demographic matters.

                          TITLE II--MIGRATION

SEC. 201. INTERNATIONAL TRANSIT OF PERSONS.

    The international transit of persons by way of sea ports, airports, 
and border crossings may occur only at those places designated for such 
purposes, within the established time periods, and with the 
intervention of the United States Customs and Border Protection.

SEC. 202. AUTHORITY TO SUSPEND INTERNATIONAL TRANSIT.

    The Department of Homeland Security may temporarily suspend 
international transit through airports, sea ports, and border crossings 
when public interests so require.

SEC. 203. APPLICATION TO UNITED STATES AND FOREIGN CITIZENS AND 
              NATIONALS.

    In order to enter or leave the country, both United States and 
foreign citizens and nationals must comply with the requisites set 
forth in this Act, the regulations thereto, and other applicable legal 
provisions.

SEC. 204. ENTRY BY UNITED STATES CITIZENS AND NATIONALS.

    United States citizens and nationals who enter the country shall be 
required to verify their nationality, submit to a medical examination 
when deemed necessary, and provide such statistical data as may be 
required. In the case of a person infected with a contagious illness, 
the immigration officials shall expedite the standard procedures in the 
event said person must be allowed to enter the country in order to 
receive medical attention at such place as the public health officials 
shall indicate.

SEC. 205. EXCEPTION TO INSPECTION REQUIREMENTS.

    The inspection set forth in section 204 shall not be required in 
the case of representatives of foreign governments who enter the 
country in an official capacity, nor their family members and 
employees. This exception shall also apply to those persons who are 
exempt from territorial jurisdiction, based on international 
legislation, treaties, or customary practices, if there exists 
reciprocity.

SEC. 206. REGULATIONS APPLICABLE TO MARITIME POPULATION CENTERS, BORDER 
              TOWNS, AND AIRPORTS THAT RECEIVE INTERNATIONAL TRAFFIC.

    The Secretary of Homeland Security shall, in accordance with the 
particular characteristics of each region, establish regulations 
applicable to those foreigners who visit maritime population centers, 
border towns, and airports that receive international traffic. The same 
shall apply with respect to daily traffic between border towns and 
their neighboring towns across the border, in all cases respecting the 
applicable international treaties and conventions.

SEC. 207. DUTY OF GROUND, SEA, AND AIR TRANSPORT CARRIERS.

    The representatives and employees of ground, sea, and air transport 
carriers shall be required to verify that the foreign citizens and 
nationals the carriers bring into the country are duly documented.

SEC. 208. PROHIBITION ON MARITIME TRANSPORT DISEMBARKATION WITHOUT 
              INSPECTION.

    No passenger nor crew member arriving by maritime transport may 
disembark until the immigration officials have performed the 
corresponding inspection.

SEC. 209. FOREIGN CREW MEMBERS OF AIR, GROUND, OR SEA TRANSPORT 
              CARRIERS.

    Foreign crew members of air, ground, or sea transport carriers may 
only remain within national territory for the authorized period of 
time. Any expenses incurred due to their deportation or exit from the 
country shall be covered by the owners or representatives of said 
carriers, be they companies, corporate entities of any kind, or 
individuals.

SEC. 210. AIR TRANSPORT PILOTS, SHIP CAPTAINS, AND GROUND TRANSPORT 
              DRIVERS.

    Air transport pilots, ship captains, and ground transport drivers 
must present to immigration officials, at the time the entry or exit 
inspection is performed, a list of passenger and crew members, as well 
as the data necessary for their identification.

SEC. 211. PROHIBITION ON DISEMBARKATION OF NONCOMPLYING PASSENGERS.

    Those foreigners who do not comply with the requisites established 
by this Act and the regulations hereto shall not be authorized to 
disembark, except for that foreseen under section 309(i).

SEC. 212. FOREIGNERS IN TRANSIT.

    In the case of foreigners in transit who disembark with 
authorization from the Department of Homeland Security in a domestic 
port, and subsequently remain on land without legal authorization due 
to forces beyond their control after the ship or aircraft they were 
traveling on has left port, such persons must immediately present 
themselves to the Department of Homeland Security. In such cases, the 
Department shall take such measures as may be necessary relating to the 
immediate exit of such persons.

SEC. 213. FOREIGNERS DENIED ENTRY.

    Those foreigners who are denied entry by the Department, due either 
to insufficient documentation or lack of documentation, as well as 
stowaways, shall be required to leave the country at the expense of the 
transport company that brought them into the country, without prejudice 
to the penalties that may apply in accordance herewith.

SEC. 214. VISITORS TO MARITIME CARRIER IN INTERNATIONAL TRANSIT.

    Visitors shall not be allowed to board any maritime carrier in 
international transit without prior authorization from the Departments 
of Homeland Security and Health and Human Services.

SEC. 215. TRANSPORT COMPANY LIABILITY.

    Transport companies shall be liable for economic penalties relating 
to violations of this Act and the regulations thereto committed by 
their employees, agents, or representatives, without prejudice to any 
direct liability so incurred by said persons.

                         TITLE III--IMMIGRATION

SEC. 301. DEPARTMENT OF STATE DETERMINES NUMBER OF IMMIGRANTS.

    Based on the corresponding demographic studies, the Department of 
State shall determine the number of foreigners to be allowed into the 
country, either by activity category or by area of residence, and shall 
subject the immigration of foreigners to such modalities as may be 
deemed appropriate, according to their possibilities to contribute to 
national progress.

SEC. 302. DEPARTMENT OF HOMELAND SECURITY IMPOSES CONDITIONS ON 
              IMMIGRANTS.

    The Department shall be able to impose conditions upon those 
foreigners who enter the country, with respect to the activities they 
shall be allowed to pursue, as well as the areas where they shall be 
allowed to reside. The Department shall also ensure that the immigrants 
represent useful elements to the country, and that they receive 
sufficient income to support themselves and, if applicable, such 
persons as may depend on them economically.

SEC. 303. TEMPORARY ADMISSION OF FOREIGNERS WHO SUFFER POLITICAL 
              PERSECUTION OR WHO HAVE FLED FROM THEIR COUNTRY OF 
              ORIGIN.

    Those foreigners who suffer political persecution or who have fled 
from their country of origin in the situations enumerated under section 
309(e) shall be temporarily admitted by the Department while it 
resolves each case, without such resolution to be performed in the most 
expedited manner possible.

SEC. 304. GROUNDS FOR DENYING FOREIGNERS ENTRY INTO THE UNITED STATES 
              OR CHANGING IMMIGRATION CATEGORY OR STATUS.

    The Department shall be able to deny foreigners entry into the 
United States or a change in their immigration category or status in 
any of the following cases:
            (1) International reciprocity does not exist.
            (2) Domestic demographic equilibrium so requires.
            (3) The quotas referred to in (visa cap limit provision) 
        herein do not allow such entry or status change.
            (4) It is deemed that such entry or status change would be 
        harmful to the economic interests of United States citizens and 
        nationals.
            (5) The foreigner in question has violated domestic laws or 
        has negative references from abroad.
            (6) The foreigner in question has violated this Act, the 
        regulations thereto, or other applicable administrative 
        provisions, or does not comply with the requisites set forth in 
        same.
            (7) The foreigner in question is not deemed physically or 
        mentally sound, in the opinion of the Department of Health and 
        Human Services.
            (8) Other statutory provisions so stipulate.

SEC. 305. SUSPENSION OR PROHIBITION OF ADMISSION OF FOREIGNERS WHEN 
              NATIONAL INTERESTS REQUIRE.

    The Department shall have the authority to suspend or prohibit the 
admission of foreigners when national interests so require.

SEC. 306. LEGAL STATUS FOR SPOUSES AND PARENTS OF UNITED STATES 
              CITIZENS.

    When a foreign citizen or national marries a United States citizen 
or national, or has a child born in the United States, the Department 
may authorize legal status for that foreign citizen.

SEC. 307. CHANGE IN LEGAL STATUS FOR SPOUSES AND PARENTS OF UNITED 
              STATES CITIZENS.

    The Department may--
            (1) revoke the legal status of, and establish a time period 
        for departure from the United States for, a foreign citizen or 
        national described in section 306 if the marital bond is 
        dissolved or the foreign spouse fails to comply with the 
        obligations established by civil family support legislation; or
            (2) reconfirm or reassign another immigration status on 
        that foreign citizen or national.

SEC. 308. NONIMMIGRANT AND IMMIGRANT CATEGORIES.

    Foreign citizens or nationals may legally enter the country with an 
immigration status corresponding to either of the following categories:
            (1) Nonimmigrant.
            (2) Immigrant.

SEC. 309. NONIMMIGRANT CATEGORIES.

    A nonimmigrant shall be a foreign citizen or national who enters 
the country temporarily with permission from the Department under one 
of the following categories:
            (1) Tourist.
            (2) Transmigrant.
            (3) Visitor.
            (4) Religious minister or associate.
            (5) Political asylee.
            (6) Refugee.
            (7) Student.
            (8) Distinguished visitor.
            (9) Local visitor.
            (10) Temporary visitor.
            (11) Correspondent.

SEC. 310. REQUIREMENTS OF ADMISSION.

    Admission into the country granted to a foreigner shall obligate 
same to comply strictly with the conditions set forth in the visa as 
well as the provisions established by the respective legislation.

SEC. 311. IMMIGRANT DEFINED.

    An immigrant is a foreign citizen or national who enters the 
country legally for purposes of residing therein while waiting to 
attain permanent resident status.

SEC. 312. TERM OF AUTHORIZED ADMISSION FOR IMMIGRANTS.

    Immigrants shall be accepted for up to five years, and shall be 
required to demonstrate to the satisfaction of the Department that they 
are complying with the conditions established when their entry into the 
country was authorized, as well as with any other applicable 
immigration provisions, in order for their immigration documents to be 
renewed, when applicable.

SEC. 313. CHANGE IN CONDITIONS OF ADMISSION.

    If during the stay period granted the underlying conditions 
allowing the immigrant's stay are not complied with, the immigrant must 
notify the Department of the situation within fifteen days, so that the 
immigrant's documents may be revoked and a time period set for the 
immigrant to either leave the country or normalize status, at the 
discretion of the Department.

SEC. 314. INTERRUPTION IN PERIOD OF CONTINUOUS RESIDENCE IN UNITED 
              STATES.

    An immigrant who remains outside the country for more than eighteen 
months either consecutively or intermittently shall not be allowed to 
apply for permanent resident status until the time period set forth in 
section 319 has transpired in its entirety once again.

SEC. 315. LOSS OF STATUS DUE TO ABSENCE FROM UNITED STATES.

    An immigrant who remains out the country for more than two years 
shall lose status, except in those cases determined by the Department.

SEC. 316. IMMIGRANT CATEGORIES.

    The various immigrant categories are as follows:
            (1) Pensioner.
            (2) Investor.
            (3) Professional.
            (4) Confidential Employee.
            (5) Scientist.
            (6) Technician.
            (7) Family member.
            (8) Artist.
            (9) Athlete.
            (10) Assimilated person.

SEC. 317. SCIENTIFIC OR TECHNICAL RESEARCH OR STUDIES.

    All foreigners who perform scientific or technical research or 
studies in the United States shall deliver to the Department a copy of 
such works, even when same are completed, perfected, or printed abroad.

SEC. 318. MAXIMUM FACILITIES FOR THE TEMPORARY ADMISSION OF FOREIGNERS.

    In exceptional situations, the Department may establish measures to 
provide maximum facilities for the temporary admission of foreigners.

SEC. 319. APPLICATION FOR PERMANENT RESIDENT STATUS AFTER 5 YEARS.

    Immigrants who have legally resided in the United States for five 
years--
            (1) may acquire permanent resident status, provided they 
        have complied with the provisions of this Act and the 
        regulations thereto and their activities have been honest and 
        positive for the community. The interested party shall retain 
        immigration status until such time as the Department has 
        resolved the immigrant's application for permanent resident 
        status; and
            (2) shall have his or her documents revoked and a time 
        period set for that immigrant's departure in the event the 5-
        year stay period allowed to an immigrant has expired and such 
        immigrant has either not applied for permanent resident status 
        within the time periods established by the regulations, or said 
        status application has been denied, from the United States. In 
        such cases the foreign citizen or national may apply once again 
        for immigrant status in accordance herewith.

SEC. 320. EXPRESS DECLARATION REQUIRED FOR PERMANENT RESIDENT STATUS.

    Express declaration from the Department shall be required in order 
to obtain permanent resident status.

SEC. 321. AUTHORIZED ACTIVITIES OF PERMANENT RESIDENTS.

    A permanent resident may pursue any lawful activity, under such 
limitations as may be imposed by the Department, in accordance with the 
regulations and other applicable provisions.

SEC. 322. REVOCATION OF PERMANENT RESIDENT STATUS DUE TO ABSENCE FROM 
              UNITED STATES.

    A permanent resident may freely exit and enter the country, but 
shall have immigration status revoked if the permanent resident remains 
outside the country for more than 3 consecutive years, or for more than 
a total of 5 years during a ten-year period. The 10-year period shall 
commence as of the date the permanent resident status is granted, in 
the manner and under the terms set forth in the regulations.

SEC. 323. OFFICIAL REPRESENTATIVES OF FOREIGN GOVERNMENTS.

    Foreign diplomats and consular agents accredited in the country, as 
well as other officials who are in the United States for purposes of 
officially representing their respective governments, shall not acquire 
residence rights based solely on time periods. In the event such an 
official wishes to continue to reside in the United States upon the 
termination of official representation capacity, the person in question 
shall be required to comply with all ordinary requisites. In such 
cases, the Department shall be able to grant to such foreigners, for 
motives of reciprocity, such facilities as the corresponding foreign 
governments grant to those persons who have served as United States 
representatives.

SEC. 324. SINGLE IMMIGRATION STATUS PERMITTED.

    No foreigner may hold 2 immigration statuses nor pertain to 2 
immigration categories simultaneously.

SEC. 325. LIMITED IMMIGRATION STATUSES AND CATEGORIES.

    The immigration statuses or categories described under section 
309(1) may not be varied. Variation of the other categories of 
immigration status shall remain at the discretion of the Department, 
once the requisites established herein for the new immigration status 
requested have been fulfilled.

SEC. 326. AUTHORIZATION REQUIRED FOR ADDITIONAL ACTIVITIES.

    Any foreigner who wishes to pursue activities other than those for 
which that foreigner has already been expressly authorized by the 
Department must receive permission from the Department to pursue such 
activities.

SEC. 327. NOTIFICATION REQUIRED OF CHANGE IN CIRCUMSTANCES.

    Those persons who have foreigners as employees or economic 
dependents shall be required to notify the Department within fifteen 
days of any circumstance that may alter or modify the immigration 
conditions to which said foreigner are subject. The aforementioned 
persons shall also be required to cover the costs incurred due to the 
deportation of such foreigners in the event the Department should order 
such deportation.

SEC. 328. ADMISSIONS REQUIREMENTS.

    In order to enter the country, foreigners must comply with the 
following requisites:
            (1) Present an official certificate of good physical and 
        mental health, issued by authorities from the country of 
        origin, in those cases where the Department shall so require.
            (2) Be approved of based on such examination as the 
        Department of Health and Human Services may perform.
            (3) Provide to the Department, under oath, such information 
        as may be requested of them.
            (4) Identify themselves by way of proper and authentic 
        documents and, if applicable, accredit their immigration 
        status.
            (5) Present an official certificate of their conduct, 
        issued by the corresponding authority of their normal place of 
        residence, in those cases where the Department shall so 
        require.
            (6) Comply with the requisites set forth in their entry 
        permit.

SEC. 329. REGISTRATION UPON ENTRY.

    Those foreigners who enter the country under immigration status, 
and those nonimmigrants referred to in subsections (c), (d), (e), (f), 
and (g) of section 309 shall be required to register with the 
Department within 30 days following the date of their entry.

SEC. 330. VERIFICATION OF LAWFUL PRESENCE.

    Whenever required by the Department, foreign citizens and nationals 
must verify that they have legally entered and stayed in the United 
States, and must comply with such other requisites as may be set forth 
in this Act and the regulations thereto.

SEC. 331. NOTIFICATION OF CHANGES.

    Registered foreigners shall be required to notify the Department of 
any changes in their immigration status or category, nationality, civil 
status, address, and activities, within thirty days following such 
changes.

SEC. 332. ACQUISITION OF SECURITIES, REAL ESTATE, BANK ACCOUNT.

    Regardless of their immigration status, foreigners may, either 
directly or by proxy, without the need for authorization from the 
Department, acquire fixed or variable income securities and make bank 
deposits, as well as acquire urban real property and rights.

SEC. 333. EXCEPTION FOR FOREIGNERS IN TRANSIT.

    A foreigner in transit, due to the nature of his or her status, 
shall not be eligible to acquire the types of property referred to 
under section 332.

SEC. 334. VERIFICATION OF LAWFUL PRESENCE TO GOVERNMENT AUTHORITIES, 
              NOTARIES PUBLIC, AND COMMERCIAL BROKERS.

    All Federal, State, and local authorities, as well as notaries 
public and those who substitute or take place of the same, and 
commercial brokers, shall be required to request those foreigners who 
deal with them to prove that they are staying in the country legally. 
In those cases set forth in regulation, such authorities, notaries, and 
brokers shall be required to request that the foreigners they deal with 
accredit that their immigration status and category allow them to 
perform the act or enter into contract in question or, to the contrary, 
show that they have obtained special authorization from the Department 
for such effects. In those cases indicated in Regulation, such 
authorities, notaries, and brokers shall notify the Department within a 
period no longer than 15 days following the act performed or contract 
entered into before them.

SEC. 335. VERIFICATION OF LAWFUL PRESENCE TO CIVIL JUDGES OR OFFICIALS.

    Civil judges or officials shall not perform any act involving the 
participation of any foreigner until the latter has first demonstrated 
that his or her stay in the country is legal, except in cases of the 
registration of births and deaths under the terms set forth in 
regulations of this Act. In cases involving the marriage of foreigners 
with United States citizens and nationals, they must also request 
authorization from the Department.

SEC. 336. REGISTRATION OF REQUIRED VERIFICATIONS.

    In all cases the verification referred to in this article must be 
recorded, and the Department must be given notice of the act performed.

SEC. 337. REGISTRATION WITH DEPARTMENT OF MARRIAGES AND DIVORCES.

    Marriages and divorces between United States citizens and nationals 
and foreigners shall be recorded in a registry within the Department 
within 30 days following the date of same.

SEC. 338. CERTIFICATION FROM DEPARTMENT REQUIRED FOR DIVORCE OR 
              ANNULMENT.

    No judicial nor administrative authority shall process any divorce 
or marriage annulment involving foreigners unless the petition for same 
is accompanied by a certification from the Department accrediting their 
legal residence in the United States, as well as a certification that 
their immigration status and category permit such act to be performed.

SEC. 339. CERTIFICATES ACCREDITING LAWFUL STAY.

    The Department, upon request from the interested parties and within 
a period no greater than thirty working days, shall issue certificates 
accrediting their lawful stay in the country.

SEC. 340. IMMIGRATION DETENTION CENTERS.

    The Department shall establish immigration detention centers in 
those places within areas of the United States deemed appropriate for 
purposes of holding, as a security measure if considered necessary, 
those foreigners whose entry into the United States has been 
provisionally authorized, as well as those who are to be deported.

SEC. 341. NOTIFICATION OF DEPARTMENT REGARDING CRIMINAL PROSECUTION OF 
              FOREIGNERS.

    Judicial authorities shall be required to notify the Department 
concerning the particulars of those foreigners who are being 
prosecuted, upon commencement of said process, along with information 
with respect to the crimes allegedly committed and any sentence 
entered.

SEC. 342. NOTIFICATION OF DEPARTMENT CONCERNING CHANGES IN CIVIL STATUS 
              AFFECTING FOREIGNERS.

    The States shall require any civil or family court judge to notify 
the Department concerning changes in civil status affecting foreigners 
within five days following the date of the corresponding act, sentence, 
or resolution.

SEC. 343. INTER-AGENCY COOPERATION.

    Those authorities who by law are responsible for Federal, State, or 
local public enforcement agencies shall collaborate with the Department 
upon request from the latter, for purposes of enforcing the provisions 
of this Act.

SEC. 344. EMPLOYMENT AUTHORIZATION VERIFICATION.

    No one shall be able to employ foreigners who have not first 
verified their legal stay in the country and obtained the specific 
authorization to render the service in question

SEC. 345. DEEMED ABANDONMENT OF IMMIGRATION BENEFIT REQUEST.

    In the event a company, a foreigner, or their legal representative 
does not comply with the requisites set forth by the Department for any 
immigration procedure within the time period established by the 
Department for such purposes, it shall be deemed that they have 
abandoned (desisted from pursuing) said procedure.

SEC. 346. LIMITATION ON POLITICAL PARTICIPATION.

    An individual who is neither a United States citizen or national, 
nor a permanent legal resident, may not in any way participate in the 
political affairs of the United States.

                 TITLE IV--NATIONAL POPULATION REGISTRY

SEC. 401. CREATION OF NATIONAL POPULATION REGISTRY.

    The Department shall, through the creation of a National Population 
Registry, be responsible for the registration and accreditation of the 
identity of all foreign persons who reside in the United States.

SEC. 402. PURPOSE.

    The purpose of the National Population Registry shall be to 
maintain a record of every foreign person within the United States 
population, with such data as may be necessary to definitively certify 
and accredit their identity.

SEC. 403. COMPOSITION.

    The Registry shall be comprised of the immigration information kept 
on record by the Department.

SEC. 404. ASSIGNMENT OF CODE NUMBER.

    Upon being registered in the National Population Registry, each 
person shall be assigned a code number that shall be referred to as an 
Individual Population Registry Number, which shall serve to register 
and identify each person individually.

SEC. 405. NORMS, METHODS, AND TECHNICAL PROCEDURES FOR NATIONAL 
              POPULATION REGISTRY.

    The Department shall establish the norms, methods, and technical 
procedures for the National Population Registry, and shall coordinate 
the identification and registration methods observed by the various 
Federal agencies.

SEC. 406. LOCAL AUTHORITY CONTRIBUTION.

    Local authorities shall contribute to the composition of the 
National Population Registry for the following purposes:
            (1) To adopt the norms referred to in section 405.
            (2) To collect information relating to births and deaths, 
        in order to comprise the National Population Registry and 
        maintain same permanently updated.
            (3) When registering births of children born to foreign 
        parents, to include the Individual Population Registry Number 
        on the corresponding birth certificate.

SEC. 407. JUDICIAL NOTIFICATION.

    Judicial authorities shall be required to notify the Department of 
any resolutions that affect an individual's immigration rights or imply 
a modification of a persons registry data.

SEC. 408. USE IN PREPARING ELECTION DOCUMENTATION.

    The Department shall provide to the respective States such National 
Population Registry information as may be necessary for the purposes of 
preparing election documentation, under the terms set forth by law.

                           TITLE V--PENALTIES

SEC. 501. DEPARTMENT EMPLOYEES.

    Employees of the Department shall be penalized with thirty days 
suspension, or dismissal in extreme cases, in the event they--
            (1) reveal matters of a confidential nature without being 
        authorized to do so;
            (2) obstruct the normal processing of immigration matters, 
        either maliciously or due to gross negligence;
            (3) intervene in the handling of the matters referred to in 
        this Act, or provide for or advise upon a way for interested 
        parties to avoid immigration provisions and procedures, either 
        directly or by way of third persons; and
            (4) maliciously make improper use of immigration documents 
        or provide same to third persons, without the authorization of 
        the Secretary.

SEC. 502. FEDERAL, STATE, AND LOCAL AUTHORITIES.

    Any Federal, State, or local authority who violates the provisions 
of this Act or the regulations thereto, when such violations do not 
constitute criminal offenses, shall be penalized by a fine of up to 
$9,000, and dismissal in the event of repeat violations.

SEC. 503. AIDERS AND ABETTORS.

    A person who aids, abets, or advises any individual to violate the 
provisions of this Act and the regulations thereto in a manner that 
does not constitute a criminal offense, shall be punished by a fine of 
up to 100 times the general minimum daily wage in effect at the time 
the violation is committed, or by incarceration for 36 hours if such 
fine is not paid.

SEC. 504. FALSE SIGNATURE.

    A person who submits or signs any document or petition with a 
signature that is false or different from the one normally used shall 
be subject to a fine of up to 200 times the general minimum daily wage 
in effect at the time the violation is committed, or by incarceration 
for 36 hours if such fine is not paid, without prejudice to any 
penalties that may be incurred when such violation constitutes a 
criminal offense.

SEC. 505. FAILURE TO DEPART.

    A fine of up to $9,000 shall be imposed on any foreigner whose 
immigration status has been revoked and who has not complied with the 
orders from the Department to leave the United States within the time 
period set for said purpose.

SEC. 506. REENTRY AFTER DEPORTATION.

    Any foreigner who, after being deported, enters the country again 
without having obtained readmission authorization shall receive up to 
10 years in prison and be fined up to $9,000. The same penalty shall be 
imposed on any foreigner who fails to report or hides his or her 
deportee status in order to obtain a new entry permit.

SEC. 507. UNAUTHORIZED OVERSTAYS.

    Any foreigner who, after initially having legally obtained 
authorization to enter the country, remains in the country illegally 
due to noncompliance with or violation of the administrative or legal 
provisions upon which his or her stay was conditioned shall receive up 
to 6 years in prison and be fined up to $9,000.

SEC. 508. UNAUTHORIZED ACTIVITIES BY FOREIGNERS.

    A fine of up to $6,000 and imprisonment of up to eighteen months 
shall be imposed on any foreigner who performs activities for which he 
or she is not authorized in conformance with this Act or the entry 
permit granted by the Department.

SEC. 509. CRIMINAL OR DISHONEST ACTS DURING.

    Any foreigner who violates the terms governing his or her stay in 
the country by performing unlawful or dishonest acts shall receive up 
to 2 years in prison and be fined up to $17,000.

SEC. 510. FALSE CLAIM REGARDING IMMIGRATION STATUS.

    Any foreigner who maliciously makes use of or claims to hold an 
immigration status different from that granted to him or her by the 
Department shall receive up to 5 years in prison and be fined up to 
$9,000.

SEC. 511. UNLAWFUL ENTRY.

    Any foreigner who enters the country illegally shall receive up to 
two years in prison and be fined between $600 and $9,000.

SEC. 512. REVOCATION OF IMMIGRATION STATUS AND DEPORTATION.

    Any foreigner who commits the violations described in section 503, 
505, 506, 507, 508, 509, 510, 513, 514, 524, 525, or 526 of this Act 
shall have their immigration status revoked and shall be deported, 
without prejudice to the application of the penalties set forth in such 
sections.

SEC. 513. PERMANENT AND TEMPORARY BARS FROM REENTRY.

    In those cases involving threats to national security or 
sovereignty, deportation shall be definitive. In all other cases, the 
Department shall determine the time period during which the deported 
foreigner shall not be allowed to reenter the country. During such 
period, the person so barred may only be readmitted upon authorization 
expressly issued by the Secretary.

SEC. 514. MARRIAGE FRAUD.

    Any United States citizen who contracts marriage with a foreigner 
for the sole purpose of allowing the latter to reside in the country, 
receiving the benefits established by law in such cases, shall receive 
up to 5 years in prison and be fined up to $9,000. The same penalties 
shall apply to the foreigner involved in such a marriage.

SEC. 515. DEPORTATION AND DETENTION.

    The deportation of foreigners, as well as those measures 
established by the Department for holding foreigners in immigration 
detention centers or in locations used for such purposes prior to their 
detention, shall be of public order.

SEC. 516. BONDS NOT PREVENTING DEPORTATION.

    Bonds required of foreigners by judicial or administrative 
authorities shall not prevent the execution of deportation orders 
issued by the Department against such foreigners.

SEC. 517. MARITIME CARRIER PERMITTING UNAUTHORIZED DISEMBARKATION.

    A fine of up to $6,000 shall be imposed on any maritime carrier 
that allows passengers or crew members to disembark on land before 
receiving the corresponding permit from the Department.

SEC. 518. DISEMBARKATION AT UNAUTHORIZED PLACE OR TIME.

    Except in cases of force majeure, the disembarking of persons 
arriving from abroad at places and times not indicated for such 
purposes shall be punished by a fine of up to $17,000, to be imposed on 
the responsible individuals, the company involved, or its 
representatives or consignees.

SEC. 519. MARITIME AND AIRLINE CARRIERS BRINGING PASSENGERS WITHOUT 
              VALID DOCUMENTS.

    Maritime carriers or airline companies that bring into the country 
foreigners without valid immigration documents shall be penalized with 
a fine of up to $9,000, without prejudice to the possibility of the 
foreigner in question being turned back and the company being required 
to return same to his or her place of departure at the company's 
expense.

SEC. 520. MARITIME AND AIRLINE CARRIERS FAILING TO RETURN PASSENGERS 
              DENIED ADMISSION.

    In the event a maritime carrier captain or person acting in such 
capacity disobeys an order to transport passengers who have been turned 
back, said captain or acting captain, the carrier company, or its 
representatives or consignees shall be punished with a fine of up to 
$9,000. Airline companies shall be subject to the same fine. In either 
case a document shall be drawn up for purposes of recording all the 
pertinent circumstances.

SEC. 521. AUTHORIZING OR ORDERING TRANSPORT CARRIER TO LEAVE THE UNITED 
              STATES WITHOUT THE NECESSARY PERMIT.

    A fine of up to $2,000 shall be imposed on any person who 
authorizes or orders a transport carrier to leave the United States 
without the necessary permit from immigration officials.

SEC. 522. PASSENGERS IN TRANSIT WHO FAILURE TO REPORT OVERSTAY.

    Foreigners who fail to comply with the obligation set forth in 
section 212 herein shall be punished by a fine of up to 100 times the 
general minimum daily wage in effect at the time the violation is 
committed, or by incarceration for 36 hours if such fine is not paid.

SEC. 523. VISITING A FOREIGN MARITIME CARRIER WITHOUT PERMISSION.

    Any person who visits a foreign maritime carrier without permission 
from immigration officials shall be punished with a fine of up to $900 
or incarceration of up to 3 days. The same penalty shall be imposed on 
any person who, without being authorized to do so, allows a visit such 
as those referred to in the preceding paragraph.

SEC. 524. TRAFFICKING.

    Imprisonment of between 6 and 12 years and a fine of between 100 
and 10,000 times the general minimum daily wage in effect at the time 
the violation is committed shall be imposed on any person who--
            (1) for purposes of trafficking, either directly or through 
        an intermediary transports or attempts to transport United 
        States citizens or nationals or foreigners into another country 
        without the corresponding documentation;
            (2) either directly or through another person brings one or 
        more foreigners into the United States without the 
        corresponding documentation issued by an applicable authority; 
        and
            (3) for purposes of trafficking, shelters or transports 
        foreigners within the United States in order to hide such 
        persons and avoid immigration inspections.

SEC. 525. AIDING TRAFFICKING.

    Imprisonment of from 1 to 5 years and a fine of up to 5,000 times 
the general minimum daily wage in effect at the time the violation is 
committed shall be imposed on any person who knowingly provides the 
means to, offers to, or helps to carry out the acts described under 
section 524.

SEC. 526. ENHANCED PENALTIES FOR CERTAIN FORMS OF TRAFFICKING.

    The fines established under section 524 and 525 shall be increased 
by up to 50 percent in the event the acts described therein involve 
underage persons, or under conditions or by means that endanger the 
life, health, or integrity of the undocumented persons, or in the event 
the principal is a public servant.

SEC. 527. PROCESSING DIVORCE OR MARRIAGE ANNULMENT WITHOUT 
              CERTIFICATION.

    Any judicial or administrative official who processes any divorce 
or marriage annulment involving foreigners, when the petition for same 
is not accompanied by a certification from the Department accrediting 
their legal residence in the country, nor by a certification that their 
immigration status and category permit such act to be performed, shall 
have his or her employment terminated, and shall be imprisoned for up 
to 6 months or be subject to a fine of up to $17,000, or both. Any such 
official shall be suspended from his or her functions upon the 
initiation of the prosecution of such offense.

SEC. 528. PERMITTING FOREIGNER TO ESCAPE IMMIGRATION CONTROLS.

    A fine of up to 1,000 times the general minimum daily wage in 
effect at the time the violation is committed shall be imposed on any 
person who takes custody of a foreigner and then allows said foreigner 
to escape immigration controls, without prejudice to such penalties as 
may be incurred in the event such action constitutes a criminal 
offense.

SEC. 529. OTHER ADMINISTRATIVE INFRACTIONS.

    Any administrative infraction of this Act or the regulations 
thereto in immigration matters, with respect to cases not foreseen in 
this chapter, shall be subject to a fine of up to 1,000 times the 
general minimum daily wage in effect at the time the violation is 
committed, or subject to detention for up to 36 hours if such fine is 
not paid.

SEC. 530. COMPLAINT PROCEDURES.

    In the event of crimes committed in violation of the provisions of 
this Act, the criminal proceedings pursued by the United States 
Attorney General shall be subject to the complaint submitted by the 
Department in each case.
                                 <all>