1.Short title; table of
contents
(a)This Act may be cited
as the Strengthening America's
Security Act of 2005
.
(b)The table of
contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Border enforcement studies.
Sec. 3. Necessary assets for controlling United States
borders.
Sec. 4. Document fraud detection.
Sec. 5. Report.
Sec. 6. Biometric entry-exit system.
Sec. 7. Expedited removal between ports of entry.
Sec. 8. Cancellation of visas.
Sec. 9. Release of aliens from noncontiguous
countries.
Sec. 10. Reducing illegal immigration and alien smuggling on
tribal lands.
Sec. 11. Detention space and removal capacity.
Sec. 12. Increased criminal penalties for alien smuggling,
document fraud, gang violence, and drug trafficking.
Sec. 13. Removal of aliens.
Sec. 14. Additional immigration personnel.
Sec. 15. Automated alien records.
Sec. 16. Increase of Federal detention space.
Sec. 17. State Criminal Alien Assistance Program.
Sec. 18. Construction.
Sec. 19. State defined.
2.Border
enforcement studies
(a)
(1)The
Secretary of Homeland Security and the head of the United States Army Corps of
Engineers shall carry out a joint study on methods to prevent aliens from
illegally entering the United States through subterranean tunnels along the
international border between the United States and Mexico and the cost,
utility, and effectiveness of employing such methods for border
security.
(2)Not
later than 180 days after the date of enactment of this Act, the Secretary of
Homeland Security and the head of the United States Army Corps of Engineers
shall submit to Congress the results of the study required by paragraph
(1).
(b)Barriers for
land crossings
(1)The
Secretary of Homeland Security shall carry out a study of the feasibility and
effectiveness of completing primary and secondary fences along the
international border between the United States and Mexico and the cost and
utility of employing such fences for border security.
(2)Not
later than 180 days after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to Congress the results of the study required by
paragraph (1).
3.Necessary assets
for controlling United States borders
(a)
(1)Customs and
Border Protection officersIn each of the fiscal years 2006
through 2010, the Secretary of Homeland Security shall increase by not less
than 250 the number of positions for full-time active duty Customs and Border
Protection officers.
(2)Authorization
of appropriations
(A)Customs and
Border Protection officersThere are authorized to be
appropriated such sums as may be necessary for each of fiscal years 2006
through 2010 to carry out paragraph (1).
(B)There are authorized to be appropriated such sums as may
be necessary for each of fiscal years 2006 through 2010 to carry out section
5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat.
3734).
(C)There are authorized to be appropriated such sums as
may be necessary for each of fiscal years 2006 through 2010 for the
transportation of aliens.
(b)
(1)The
Secretary of Homeland Security shall procure unmanned aerial vehicles, cameras,
poles, sensors, and other technologies necessary to achieve operational control
of the borders of the United States.
(2)Authorization
of appropriationsThere are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2006 through 2010 to carry
out paragraph (1).
(c)
(1)Construction of
border control facilitiesThe Secretary of Homeland Security
shall construct all-weather roads and shall acquire vehicle barriers and
necessary facilities to support its mission of achieving operational control of
the borders of the United States.
(2)Authorization
of appropriationsThere are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2006 through 2010 to carry
out paragraph (1).
(d)Border Patrol
checkpointsTemporary or permanent checkpoints may be maintained
on roadways in border patrol sectors within 100 miles of the border between the
United States and Mexico.
4.
(a)The
Secretary of Homeland Security shall provide all customs and border protection
officers with training in identifying and detecting fraudulent travel
documents. Such training shall be developed in consultation with the Forensic
Document Laboratory of Immigration and Customs Enforcement.
(b)Forensic
document laboratoryThe Secretary of Homeland Security shall
provide all customs and border protection officers with access to the Forensic
Document Laboratory.
(c)
(1)Not
later than 1 year after the effective date of this Act, and annually through
2010, the Secretary of Homeland Security shall submit a report to the Office of
the Inspector General regarding the accuracy and reliability of the Forensic
Document Laboratory in identifying and detecting fraudulent documents.
(2)The
Office of Inspector General shall conduct an independent assessment of the
accuracy and reliability of the Forensic Document Library and submit a report
to Congress on the results of such assessment.
(d)Right to
appellate review
(1)Establishment
of appellate review boardThere is established, within
Immigration and Customs Enforcement Identity and Benefits Fraud Branch of the
Department of Homeland Security, the Fraud Appellate Review Board, which shall
be authorized to review determinations by the Forensic Document Laboratory that
a certain document is fraudulent.
(2)Any alien against whom a negative determination is made by
the Forensic Document Laboratory regarding the authenticity of a document may
appeal such determination to the Fraud Appellate Review Board for an
independent determination of the findings of the Forensic Document
Laboratory.
(e)Authorization
of appropriationsThere are authorized to be appropriated such
sums as may be necessary for each of fiscal years 2006 through 2010 to carry
out this section.
5.Not later than October 26, 2007, the
Secretary of Homeland Security shall submit a report to Congress that
describes—
(1)the documents that need to be
machine-readable and tamper-resistant and incorporate biometric
identifiers;
(2)how documents
described in paragraph (1) will meet those standards;
(3)the locations at
which the Department of Homeland Security will install document readers;
(4)the estimated
costs for creating such documents and installing such readers; and
(5)realistic
deadlines for issuing machine-readable, tamper-resistant documents that
incorporate biometric documents and installing document readers.
6.Biometric
entry-exit system
(a)Grounds of
inadmissibilitySection 212 of the Immigration and Nationality Act (8 U.S.C. 1182)
is amended—
(1)in subsection
(a)(7), by adding at the end the following:
(C)Withholders of
biometric dataAny alien who knowingly fails to comply with a
lawful request for biometric data under section 215(c) or 235(d) is
inadmissible.
;
and
(2)in subsection
(d), by inserting after paragraph (1) the following:
(2)The Secretary of Homeland Security
shall determine whether a ground for inadmissibility exists with respect to an
alien described in subparagraph (C) subsection (a)(7) and may waive the
application of such subparagraph, for an individual alien or a class of aliens,
at the discretion of the
Secretary.
.
(b)Collection of
biometric data from aliens departing the United StatesSection
215 of the Immigration and Nationality
Act (8 U.S.C. 1185) is amended—
(1)by redesignating
subsection (c) as subsection (g); and
(2)by inserting
after subsection (b) the following:
(c)The Secretary of
Homeland Security is authorized to require aliens departing the United States
to provide biometric data and other information relating to their immigration
status.
.
(c)Inspection of
applicants for admissionSection 235(d) of the
Immigration and Nationality Act (8
U.S.C. 1185(d)) is amended by adding at the end the following:
(5)Authority to
collect biometric dataIn conducting inspections under subsection
(b), immigration officers are authorized to collect biometric data from—
(A)any applicant for
admission or alien seeking to transit through the United States; or
(B)any lawful
permanent resident who is entering the United States, but is not regarded as
seeking admission under section
101(a)(13)(C).
.
(d)Collection of
biometric data from alien crewmanSection 252 of the
Immigration and Nationality Act (8
U.S.C. 1282) is amended by inserting Immigration officers are authorized
to collect biometric data from any alien crewman seeking permission to land
temporarily in the United States.
after this
title.
.
(e)Section
7208(l) of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b(l))
is amended—
(1)by striking
There are authorized
and inserting the following:
(1)There are
authorized
;
and
(2)by adding at the
end the following:
(2)Implementation
at all land border ports of entryThere are authorized to be
appropriated such sums as may be necessary for each of fiscal years 2006 and
2007 to implement the automated biometric entry and exit data system at all
land border ports of
entry.
.
7.Expedited removal
between ports of entry
(a)Section 235 of the
Immigration and Nationality Act (8 U.S.C. 1225) is amended—
(1)in subsection (b)(1)(A)(i), by striking
the officer
and inserting a supervisory officer
;
and
(2)in subsection (c), by adding at the end the
following:
(4)The Secretary of Homeland Security shall
make the expedited removal procedures under this subsection available in all
border patrol sectors on the southern border of the United States as soon as
operationally possible.
(5)National
security certificationNo alien shall be expeditiously removed
until the appropriate Director of Field Operations has certified in writing
that expeditious removal of the alien will pose no security risk to the United
States.
(6)The Secretary of Homeland Security shall
provide employees of the Department of Homeland Security with comprehensive
training of the procedures authorized under this
subsection.
.
(b)Authorization
of appropriationsThere are
authorized to be appropriated $10,000,000 for each of fiscal years 2006 through
2010 to carry out the amendments made by this section.
8.Section 222(g) of the
Immigration and Nationality Act (8 U.S.C. 1202(g)) is amended—
(1)in paragraph (1), by inserting and
any other nonimmigrant visa issued by the United States that is in the
possession of the alien except upon a showing of extraordinary circumstances or
in the case of technical violations
after such visa
;
and
(2)in paragraph (2)(A), by striking
(other than the visa described in paragraph (1)) issued in a consular
office located in the country of the alien’s nationality
and inserting
(other than a visa described in paragraph (1)) issued in a consular
office located in the country of the alien's nationality or foreign
residence
.
9.Release of
aliens from noncontiguous countries
(a)Section 236(a)(2) of the Immigration and Nationality Act (8 U.S.C.
1226(a)(2)) is amended—
(1)by striking
on
;
(2)in subparagraph
(A)—
(A)by inserting
except as provided under subparagraph (B), upon the giving of a
;
and
(B)by striking
or
at the end;
(3)by redesignating
subparagraph (B) as subparagraph (C); and
(4)by inserting
after subparagraph (A) the following:
(B)if the alien is a
national of a noncontiguous country, has not been admitted or paroled into the
United States, and was apprehended within 2 years of admission and within 100
miles of the international border of the United States or presents a flight
risk, as determined by the Secretary of Homeland Security, upon the giving of a
bond of at least $5,000 with security approved by, and containing conditions
prescribed by, the Secretary of Homeland Security or the Attorney General, and
subject to review before the Executive Office of Immigration Review;
or
.
(b)Not
later than 2 years after the effective date of this Act, the Secretary of
Homeland Security shall submit a report to Congress on the number of aliens
from noncontiguous countries who are apprehended between land border ports of
entry.
10.Reducing
illegal immigration and alien smuggling on tribal lands
(a)The Secretary of Homeland Security may award grants to
Indian tribes with lands adjacent to an international border of the United
States that have been adversely affected by illegal immigration.
(b)Grants awarded under subsection (a) may be used for—
(1)law enforcement
activities;
(2)health care
services;
(3)environmental
restoration; and
(4)the preservation
of cultural resources.
(c)Not
later than 180 days after the date of enactment of this Act, the Secretary of
Homeland Security shall submit a report to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of Representatives
that—
(1)describes the
level of access of Border Patrol agents on tribal lands;
(2)describes the
extent to which enforcement of immigration laws may be improved by enhanced
access to tribal lands;
(3)contains a
strategy for improving such access through cooperation with tribal authorities;
and
(4)identifies grants
provided by the Department of Homeland Security for Indian tribes, either
directly or through State or local grants, relating to border security
expenses.
(d)Authorization
of appropriationsThere are authorized to be appropriated
$10,000,000 for each of fiscal years 2006 through 2010 to carry out this
section.
11.Detention space
and removal capacity
(a)Section 5204 of the
Intelligence Reform and Terrorism Protection Act of 2004 (118 Stat. 3734) is
amended—
(1)in subsection
(a), by striking 8,000
and inserting 10,000
;
and
(2)by adding at the
end the following:
(c)Authorization
of appropriationsIn addition to amounts otherwise authorized to
be appropriated, there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2006 through 2010 to carry out subsection
(a).
.
(b)No person shall be detained by the Department of
Homeland Security in a location that limits the person's reasonable access to
legal counsel. Upon active or constructive notice that a person is represented
by an attorney, that person shall not be moved without providing the attorney
reasonable notice in advance of such move.
12.Increased
criminal penalties for alien smuggling, document fraud, gang violence, and drug
trafficking
(a)Section 274(a) of the Immigration and Nationality Act (8 U.S.C.
1324(a)) is amended—
(1)in paragraph
(1)(B)—
(A)in clause (i), by
striking 10 years
and inserting 15 years
;
(B)in clause (ii),
by striking 5 years
and inserting 10 years
;
and
(C)in clause (iii),
by striking 20 years
and inserting 40
years
;
(2)in paragraph
(2)—
(A)in subparagraph
(A), by striking one year, or both; or
and inserting 3
years, or both
;
(B)in subparagraph
(B)—
(i)in
clause (i), by adding at the end the following: be fined under title 18,
United States Code, and imprisoned not less than 5 years nor more than 25
years;
;
(ii)in
clause (ii), by striking or
at the end and inserting the
following: be fined under title 18, United States Code, and imprisoned
not less than 3 years nor more than 20 years; or
; and
(iii)in clause
(iii), by adding at the end the following: be fined under title 18,
United States Code, and imprisoned not more than 15 years; or
;
and
(C)by striking the
matter following clause (iii) and inserting the following:
(C)in the case of a
third or subsequent offense described in subparagraph (B) and for any other
violation, shall be fined under title 18, United States Code, and imprisoned
not less than 5 years nor more than 15
years.
;
(3)in paragraph
(3)(A), by striking 5 years
and inserting 10
years
; and
(4)in paragraph (4),
by striking 10 years
and inserting 20
years
.
(b)Section 1546 of title 18, United States Code, is
amended—
(1)in subsection
(a)—
(A)by striking
not more than 25 years
and inserting not less than 25
years
;
(B)by inserting
and if the terrorism offense resulted in the death of any person, shall
be imprisoned for life,
after section 2331 of this
title)),
;
(C)by striking
20 years
and inserting imprisoned not more than 40
years
;
(D)by striking
10 years
and inserting imprisoned not more than 20
years
; and
(E)by striking
15 years
and inserting imprisoned not more than 25
years
; and
(2)in subsection
(b), by striking 5 years
and inserting 10
years
.
(c)
(1)Title 18, United States Code, is amended by inserting
after chapter 51 the following:
52
Sec. 1131. Enhanced penalties for
certain crimes committed by illegal aliens.
1131.Enhanced
penalties for certain crimes committed by illegal aliens
(a)Any alien
unlawfully present in the United States, who commits, or conspires or attempts
to commit, a crime of violence or a drug trafficking offense (as defined in
section 924), shall be fined under this title and sentenced to not less than 5
years in prison.
(b)If an alien who
violates subsection (a) was previously ordered removed under the
Immigration and Nationality Act (8
U.S.C. 1101 et seq.) on the grounds of having committed a crime, the alien
shall be sentenced to not less than 15 years in prison.
(c)A sentence of
imprisonment imposed under this section shall run consecutively to any other
sentence of imprisonment imposed for any other
crime.
.
(2)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:
“52. Illegal
aliens1131”.
(d)
(1)Section
212(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1182(a)(2)) is amended—
(A)by redesignating
subparagraph (F) as subparagraph (J); and
(B)by inserting
after subparagraph (E) the following:
(F)Aliens who are
members of criminal street gangs
(i)Any alien who is found by a Federal district court to be
a member of a criminal street gang (as defined in section 521(a) of title 18,
United States Code) is inadmissible.
(ii)Clause
(i) shall not apply to an alien who demonstrates that he or she is no longer a
member of the criminal street
gang.
.
(2)Section
237(a)(2) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end the
following:
(F)Aliens who are
members of criminal street gangs
(i)Any alien who is found by a Federal district court to be
a member of a criminal street gang (as defined in section 521(a) of title 18,
United States Code) is deportable.
(ii)Clause
(i) shall not apply to an alien who demonstrates that he or she is no longer a
member of the criminal street
gang.
.
(3)Temporary
protected statusSection 244(c)(2)(B) of the
Immigration and Nationality Act (8
U.S.C. 1254a(c)(2)(B)) is amended—
(A)in clause (i), by
striking or
at the end;
(B)in clause (ii),
by striking the period at the end and inserting ; or
; and
(C)by adding at the
end the following:
(iii)the alien has
been found by a Federal district court to be a member of a criminal street gang
(as defined in section 521(a) of title 18, United States Code) and cannot
demonstrate that he or she is no longer a member of the criminal street
gang.
.
13.
(a)Continuation of
institutional removal programThe Secretary of Homeland Security
shall continue to operate the Institutional Removal Program or develop and
implement any other program to—
(1)identify
removable criminal aliens in Federal and State correctional facilities;
(2)ensure that such
aliens are not released into the community; and
(3)remove such
aliens from the United States after the completion of their sentences.
(b)Authorization
for detention after completion of State or local prison
sentenceLaw enforcement officers of a State or political
subdivision of a State are authorized to—
(1)hold an illegal
alien for a period of up to 14 days after the alien has completed the alien’s
State prison sentence in order to effectuate the transfer of the alien to
Federal custody when the alien is removable or not lawfully present in the
United States; or
(2)issue a detainer
that would allow aliens who have served a State prison sentence to be detained
by the State prison until personnel from the Bureau of Immigration and Customs
Enforcement can take the alien into custody.
(c)
(1)The Secretary of Homeland Security shall submit a report
to Congress on the participation of States in the Institutional Removal Program
and in any other program under subsection (a).
(2)Authorization
of appropriationsThere are authorized to be appropriated such
sums as may be necessary to carry out paragraph (1).
14.Additional
immigration personnel
(a)Department of
Homeland Security
(1)In addition to the positions authorized under section
5203 of the Intelligence Reform and Terrorism Prevention Act of 2004, for each
of fiscal years 2006 through 2010, the Secretary of Homeland Security shall,
subject to the availability of appropriations for such purpose, increase by not
less than 200 the number of positions for investigative personnel within the
Department of Homeland Security investigating alien smuggling and immigration
status violations above the number of such positions for which funds were made
available during the preceding fiscal year.
(2)In each of fiscal years 2006 through 2010, the
Secretary of Homeland Security shall, subject to the availability of
appropriations for such purpose, increase the number of positions for attorneys
in the Office of General Counsel of the Department of Homeland Security who
represent the Department in immigration matters by not less than 100 above the
number of such positions for which funds were made available during each
preceding fiscal year.
(3)In each of fiscal years 2006 through 2010, the Attorney
General shall, subject to the availability of appropriations for such purpose,
increase by not less than 100 the number of attorneys in the Federal Defenders
Program or any other federally funded program for each Federal judicial
district.
(4)Authorization
of appropriationsThere are authorized to be appropriated to the
Department of Homeland Security for each of fiscal years 2006 through 2010 such
sums as may be necessary to carry out this subsection.
(b)
(1)Assistant
Attorney General for Immigration Enforcement
(A)There
is established within the Department of Justice the position of Assistant
Attorney General for Immigration Enforcement, which shall coordinate and
prioritize immigration litigation and enforcement in the Federal courts,
including—
(i)removal and
deportation;
(ii)employer
sanctions; and
(iii)alien smuggling
and human trafficking.
(B)Section 506 of title 28, United States Code, is amended
by striking ten
and inserting 11
.
(2)In each of fiscal years 2006 through 2010, the Attorney
General shall, subject to the availability of appropriations for such purpose,
increase by not less than 50 the number of positions for attorneys in the
Office of Immigration Litigation of the Department of Justice.
(3)In each of fiscal years 2006 through 2010, the Attorney
General shall, subject to the availability of appropriations for such purpose,
increase by not less than 50 the number of attorneys in the United States
Attorneys’ office to litigate immigration cases in the Federal courts.
(4)In each of fiscal years 2006 through 2010, the Attorney
General shall, subject to the availability of appropriations for such purpose,
increase by not less than 50 the number of immigration judges.
(5)Authorization
of appropriationsThere are authorized to be appropriated to the
Department of Justice for each of fiscal years 2006 through 2010 such sums as
may be necessary to carry out this subsection, including the hiring of
necessary support staff.
15.
(a)Not later than 5 years after the date of enactment of
this Act, the Secretary of Homeland Security shall automate the storage of
alien records in an electronic format that is interoperable with the alien
record keeping systems of the Department of Justice and accessible by other
Federal agencies for the purposes of administering the immigration laws of the
United States.
(b)The Secretary of Homeland Security shall automate all
alien records that were created during the 5-year period ending on the date of
enactment of this Act.
(c)The
Chief Information Officer of the Department of Homeland Security shall be
responsible for oversight and management of automating the storage of alien
records in an electronic format.
(d)The automated alien record created under this section
shall constitute the official record for purposes of the National Archives and
Records Administration.
(e)The
Secretary of Homeland Security shall report to the appropriate committees in
Congress in 2008 and 2010 on the progress made in automating alien records
under this section.
(f)Authorization
of appropriationsThere are authorized to be appropriated such
sums as may be necessary for each of the fiscal years 2006 through 2010 to
carry out this section.
16.Increase of
Federal detention space
(a)Construction or
acquisition of detention facilities
(1)The Secretary of Homeland Security shall construct or
acquire additional detention facilities in the United States.
(2)Determination
of locationThe location of any detention facility built or
acquired in accordance with this subsection shall be determined by the Deputy
Assistant Director of the Office of Detention and Removal Operations within the
Bureau of Immigration and Customs Enforcement.
(b)Authorization
of appropriationsThere are authorized to be appropriated such
sums as necessary to carry out this section.
17.State Criminal
Alien Assistance Program
(a)
(1)Section 501 of the Immigration Reform and Control Act of
1986 (8 U.S.C. 1365) is amended by striking Attorney General
each place it appears and inserting Secretary of Homeland
Security
.
(2)Section
241(i) of the Immigration and Nationality
Act (8 U.S.C. 1231(i)) is amended by striking Attorney
General
each place it appears and inserting Secretary of
Homeland Security
.
(b)Reimbursement
for costs associated with processing criminal illegal aliensThe
Secretary of Homeland Security shall reimburse States and units of local
government for costs associated with processing illegal aliens through the
criminal justice system, including—
(1)indigent
defense;
(2)criminal
prosecution;
(3)autopsies;
(4)translators and
interpreters; and
(5)court
costs.
(c)Authorization
of appropriationsSection
241(i)(5) of the Immigration and Nationality
Act (8 U.S.C. 1231(i)(5)) is
amended by striking appropriated
and all that follows through
the period and inserting the
following:
appropriated to carry out this
subsection—(A)$750,000,000 for
fiscal year 2006;
(B)$850,000,000 for
fiscal year 2007; and
(C)$950,000,000 for
each of the fiscal years 2008 through
2011.
.
18.Nothing in this Act may be construed to
require law enforcement personnel of a State or political subdivision of a
State to—
(1)report the
identity of a victim of, or a witness to, a criminal offense to the Secretary
of Homeland Security for immigration enforcement purposes;
(2)arrest such
victim or witness for a violation of the immigration laws of the United States;
or
(3)enforce the
immigration laws of the United States.
19.In this Act, the term
State
has the meaning given that term in section 101(a)(36) of
the Immigration and Nationality Act (8
U.S.C. 1101 (a)(36)).