[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2061 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2061

 To amend the Immigration and Nationality Act and other Act to provide 
   for true enforcement and border security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2005

  Mr. Nelson of Nebraska (for himself, Mr. Sessions, and Mr. Coburn) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act and other Act to provide 
   for true enforcement and border security, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security 
and Interior Enforcement Improvement Act of 2005''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Severability.
                   TITLE I--SOUTHWEST BORDER SECURITY

Sec. 101. Construction of fencing and security improvements in border 
                            area from Pacific Ocean to Gulf of Mexico.
Sec. 102. Border patrol agents.
Sec. 103. Increased availability of Department of Defense equipment to 
                            assist with surveillance of southern 
                            international land border of the United 
                            States.
Sec. 104. Ports of entry.
Sec. 105. Authorization of appropriations.
          TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT

                Subtitle A--Additional Federal Resources

Sec. 1. Necessary assets for controlling United States borders.
Sec. 2. Additional immigration personnel.
Sec. 3. Additional worksite enforcement and fraud detection agents.
Sec. 4. Document fraud detection.
      Subtitle B--Maintaining Accurate Enforcement Data on Aliens

Sec. 211. Entry-exit system.
Sec. 212. State and local law enforcement provision of information 
                            regarding aliens.
Sec. 213. Listing of immigration violators in the National Crime 
                            Information Center database.
       Subtitle C--Detention of Aliens and Reimbursement of Costs

Sec. 221. Increase of Federal detention space and the utilization of 
                            facilities identified for closures as a 
                            result of the Defense Base Closure 
                            Realignment Act of 1990.
Sec. 222. Federal custody of illegal aliens apprehended by State or 
                            local law enforcement.
Sec. 223. Institutional Removal Program.
  Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

Sec. 231. Congressional affirmation of immigration law enforcement 
                            authority by States and political 
                            subdivisions of States.
Sec. 232. Immigration law enforcement training of State and local law 
                            enforcement personnel.
Sec. 233. Immunity.
                   TITLE V--PENALTIES AND ENFORCEMENT

                Subtitle A--Criminal and Civil Penalties

Sec. 501. Criminal penalties for alien smuggling.
Sec. 502. Criminal and civil penalties for entry of aliens at improper 
                            time or place, avoidance of examination or 
                            inspection, unlawful presence and 
                            misrepresentation or concealment of facts.
Sec. 503. Civil and criminal penalties for aliens unlawfully present in 
                            the United States.
Sec. 504. Increased penalties for reentry of removed aliens.
Sec. 505. Civil and criminal penalties for document fraud, benefit 
                            fraud, and false claims of citizenship.
Sec. 506. Rendering inadmissible and deportable aliens participating in 
                            criminal street gangs.
Sec. 507. Mandatory detention of suspected criminal street gang 
                            members.
Sec. 508. Ineligibility from protection from removal and asylum.
Sec. 509. Penalties for misusing social security numbers or filing 
                            false information with Social Security 
                            Administration.
              Subtitle B--Detention, Removal and Departure

Sec. 511. Voluntary departure.
Sec. 512. Release of aliens in removal proceedings.
Sec. 513. Expedited removal of criminal aliens.
Sec. 514. Reinstatement of previous removal orders.
Sec. 515. Cancellation of removal.
Sec. 516. Detention of dangerous aliens.
Sec. 517. Alternatives to detention.
Sec. 518. Release of aliens from noncontiguous countries.
Sec. 519. Curtailment of visas for aliens from countries denying or 
                            delaying repatriation of nationals.
Sec. 520. Authorization of appropriations.

SEC. 2. SEVERABILITY.

    If any provision of this Act, any amendment made by this Act, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
and the application of such provision to other persons not similarly 
situated or to other circumstances, shall not be affected by such 
holding.

                   TITLE I--SOUTHWEST BORDER SECURITY

SEC. 101. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER 
              AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.

    Section 102(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
            (1) in the heading by striking ``Near San Diego, 
        California'';
            (2) by amending paragraph (1) to read as follows:
            ``(1) Reinforced fencing.--
                    ``(A) In general.--In carrying out subsection (a), 
                the Secretary of Homeland Security shall provide for--
                            ``(i) the construction along the southern 
                        international land border of the United States, 
                        starting at the Pacific Ocean and extending 
                        eastward to the Gulf of Mexico, of at least 2 
                        layers of reinforced fencing; and
                            ``(ii) the installation of such additional 
                        physical barriers, roads, lighting, and sensors 
                        along such border as may be necessary to 
                        eliminate illegal crossings along such border.
                    ``(B) Priority areas.--With respect to the border 
                described in subparagraph (A), the Secretary shall 
                ensure that initial fence construction occurs in high 
                traffic and smuggling areas along such border.
                    ``(C) Consultation.--Before installing any fencing 
                or other physical barriers, roads, lighting, or sensors 
                under subclause (A), the Secretary shall consult with 
                the Secretary of Defense for purposes of mitigating or 
                limiting the impact of the fencing, barriers, roads, 
                lighting, and sensors on military training and 
                operations.''; and
            (3) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'' .

SEC. 102. BORDER PATROL AGENTS.

    Section 5202 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458; 118 Stat. 3734) is amended--
            (1) by striking ``2010'' each place it appears and 
        inserting ``2011'' ; and
            (2) by striking ``2,000'' and inserting ``3,000''.

SEC. 103. INCREASED AVAILABILITY OF DEPARTMENT OF DEFENSE EQUIPMENT TO 
              ASSIST WITH SURVEILLANCE OF SOUTHERN INTERNATIONAL LAND 
              BORDER OF THE UNITED STATES.

    (a) Increased Availability of Equipment.--The Secretary of Defense 
and the Secretary of Homeland Security shall develop and implement a 
plan to use the authorities provided to the Secretary of Defense under 
chapter 18 of title 10, United States Code, to increase the 
availability and use of Department of Defense equipment, including 
unmanned aerial vehicles, tethered aerostat radars, and other 
surveillance equipment, to assist with Department of Homeland Security 
surveillance activities conducted at or near the southern international 
land border of the United States.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary of Defense and the Secretary of Homeland 
Security shall submit a report to Congress that contains--
            (1) a description of the current use of Department of 
        Defense equipment to assist with Department of Homeland 
        Security surveillance of the southern international land border 
        of the United States;
            (2) the plan developed under subsection (a) to increase the 
        use of Department of Defense equipment to assist with such 
        surveillance activities; and
            (3) a description of the types of equipment and other 
        support to be provided by Department of Defense under such plan 
        during the one-year period beginning after submission of the 
        report.

SEC. 104. PORTS OF ENTRY.

    The Secretary of Homeland Security is authorized to--
            (1) construct additional ports of entry along the 
        international land border of the United States, at locations to 
        be determined by the Secretary; and
            (2) make necessary improvements to the ports of entry in 
        existence on the date of enactment of this Act.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated 
$5,000,000,000 to carry out the amendment made by section 101 which 
shall be available until expended.
    (b) Border Patrol Agents.--There are authorized to be appropriated 
such sums as may be necessary to carry out the amendment made by 
section 102.
    (c) Ports of Entry.--There are authorized to be appropriated 
$125,000,000 to carry out section 104.
    (d) Conforming Amendment.--Section 102(b)(4) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1103 note) is repealed.

          TITLE II--FEDERAL, STATE, AND LOCAL LAW ENFORCEMENT

                Subtitle A--Additional Federal Resources

SEC. 1. NECESSARY ASSETS FOR CONTROLLING UNITED STATES BORDERS.

    (a) Personnel.--
            (1) Customs and border protection officers.--In each of the 
        fiscal years 2007 through 2011, 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 officers.--There 
                are authorized to be appropriated such sums as may be 
                necessary for each of fiscal years 2007 through 2011 to 
                carry out paragraph (1).
                    (B) Transportation of aliens.--There are authorized 
                to be appropriated $25,000,000 for each of fiscal years 
                2007 through 2011 for the transportation of aliens.
    (b) Technological Assets.--
            (1) Acquisition.--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 appropriations.--There are authorized 
        to be appropriated $500,000,000 for each of fiscal years 2007 
        through 2011 to carry out paragraph (1).
    (c) Border Patrol Checkpoints.--Temporary or permanent checkpoints 
may be maintained on roadways in border patrol sectors close to the 
border between the United States and Mexico.

SEC. 2. ADDITIONAL IMMIGRATION PERSONNEL.

    (a) Department of Homeland Security.--
            (1) Investigative personnel.--In addition to the positions 
        authorized under section 5203 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
        3734), for each of fiscal years 2007 through 2011, 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) Trial attorneys.--In each of fiscal years 2007 through 
        2011, 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) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Homeland Security for 
        each of fiscal years 2007 through 2011 such sums as may be 
        necessary to carry out this subsection.
    (b) Department of Justice.--
            (1) Assistant attorney general for immigration 
        enforcement.--
                    (A) Establishment.--There is established within the 
                Department of Justice the position of Assistant 
                Attorney General for Immigration Enforcement. The 
                Assistant Attorney General 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) Conforming amendment.--Section 506 of title 28, 
                United States Code, is amended by striking ``ten'' and 
                inserting ``11''.
            (2) Litigation attorneys.--In each of fiscal years 2007 
        through 2011, 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 
        above the number of such positions for which funds were made 
        available during the preceding fiscal year.
            (3) United states attorneys.--In each of fiscal years 2007 
        through 2011, 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 above the number of such positions for which funds were 
        made available during the preceding fiscal year.
            (4) Immigration judges.--In each of fiscal years 2007 
        through 2011, the Attorney General shall, subject to the 
        availability of appropriations for such purpose, increase by 
        not less than 50 the number of immigration judges above the 
        number of such positions for which funds were made available 
        during the preceding fiscal year.
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Department of Justice for each of 
        fiscal years 2007 through 2011 such sums as may be necessary to 
        carry out this subsection, including the hiring of necessary 
        support staff.

SEC. 3. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.

    (a) Worksite Enforcement.--The Secretary of Homeland Security 
shall, subject to the availability of appropriations for such purpose, 
annually increase, by not less than 2,000, the number of positions for 
investigators dedicated to enforcing compliance with sections 274 and 
274A of the Immigration and Nationality Act (8 U.S.C. 1324, 1324a) 
during the 5-year period beginning on October 1, 2006.
    (b) Fraud Detection.--The Secretary of Homeland Security shall, 
subject to the availability of appropriations for such purpose, 
increase by not less than 1,000 the number of positions for Immigration 
Enforcement Agents dedicated to immigration fraud detection during the 
5-year period beginning on October 1, 2006.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated during each of fiscal years 2007 through 2011 such sums as 
may be necessary to carry out this section.

SEC. 4. DOCUMENT FRAUD DETECTION.

    (a) Training.--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 the 
Immigration and Customs Enforcement
    (b) Forensic Document Laboratory.--The Secretary of Homeland 
Security shall provide all customs and border protection officers with 
access to the Forensic Document Laboratory.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each of fiscal years 2007 through 2011 to 
carry out this section.

      Subtitle B--Maintaining Accurate Enforcement Data on Aliens

SEC. 211. ENTRY-EXIT SYSTEM.

    (a) Integrated Entry and Exit Data System.--Section 110(b)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1365a(b)(1)) is amended to read as follows:
            ``(1) provides access to, and integrates, arrival and 
        departure data of all aliens who arrive and depart at ports of 
        entry, in an electronic format and in a database of the 
        Department of Homeland Security or the Department of State 
        (including those created or used at ports of entry and at 
        consular offices);''.
    (b) Construction.--Section 110(c) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a(c)) is amended 
to read as follows:
    ``(c) Construction.--Nothing in this section shall be construed to 
reduce or curtail any authority of the Secretary of Homeland Security 
or the Secretary of State under any other provision of law.''.
    (c) Deadlines.--Section 110(d) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a(d)) is 
amended--
            (1) in paragraph (1), by striking ``December 31, 2003'' and 
        inserting ``October 1, 2006''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) Land border ports of entry.--Not later than October 
        1, 2006, the Secretary of Homeland Security shall implement the 
        integrated entry and exit data system using the data described 
        in paragraph (1) and available alien arrival and departure data 
        described in subsection (b)(1) pertaining to aliens arriving 
        in, or departing from, the United States at all land border 
        ports of entry. Such implementation shall include ensuring that 
        such data, when collected or created by an immigration officer 
        at a port of entry, are entered into the system and can be 
        accessed by immigration officers at airports, seaports, and 
        other land border ports of entry.''.
    (d) Authority to Provide Access to System.--Section 110(f)(1) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1365a(f)(1)) is amended by adding at the end the following:
``The Secretary of Homeland Security shall ensure that any officer or 
employee of the Department of Homeland Security or the Department of 
State having need to access the data contained in the integrated entry 
and exit data system for any lawful purpose under the Immigration and 
Nationality Act has such access, including access for purposes of 
representation of the Department of Homeland Security in removal 
proceedings under section 240 of such Act and adjudication of 
applications for benefits under such Act.''.

SEC. 212. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION 
              REGARDING ALIENS.

    (a) Violations of Federal Law.--A statute, policy, or practice that 
prohibits, or restricts in any manner, a law enforcement or 
administrative enforcement officer of a State or of a political 
subdivision therein, from enforcing Federal immigration laws or from 
assisting or cooperating with Federal immigration law enforcement in 
the course of carrying out the investigative or enforcement duties of 
the officer or from providing information to an official of the United 
States Government regarding the immigration status of an individual who 
is believed to be illegally present in the United States, is in 
violation of section 642(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)) and section 434 
of the Personal Responsibility and Work Opportunity Reconciliation Act 
of 1996 (8 U.S.C. 1644).
    (b) State and Local Law Enforcement Provision of Information About 
Apprehended Illegal Aliens.--
            (1) Provision of information.--
                    (A) In general.--Each law enforcement agency of a 
                State or of a political subdivision therein shall 
                provide to the Department of Homeland Security the 
                information listed in paragraph (2) for each alien who 
                is apprehended in the jurisdiction of such agency.
                    (B) Time limitation.--Not later than 15 days after 
                an alien described in subparagraph (A) is apprehended, 
                information required to be provided under paragraph (1) 
                shall be provided in such form and in such manner as 
                the Secretary of Homeland Security may, by regulation 
                or guideline, require.
                    (C) Exception.--The reporting requirement in 
                paragraph (A) shall not apply in the case of any alien 
                determined to be lawfully present in the United States.
            (2) Information required.--The information listed in this 
        subsection is as follows:
                    (A) The alien's name.
                    (B) The alien's address or place of residence.
                    (C) A physical description of the alien.
                    (D) The date, time, and location of the encounter 
                with the alien and reason for stopping, detaining, 
                apprehending, or arresting the alien.
                    (E) If applicable--
                            (i) the alien's driver's license number and 
                        the State of issuance of such license;
                            (ii) the type of any other identification 
                        document issued to the alien, any designation 
                        number contained on the identification 
                        document, and the issuing entity for the 
                        identification document;
                            (iii) the license number and description of 
                        any vehicle registered to, or operated by, the 
                        alien, and
                            (iv) a photo of the alien and the alien's 
                        fingerprints, if available or readily 
                        obtainable.
            (3) Reimbursement.--The Secretary of Homeland Security 
        shall reimburse such law enforcement agencies for the costs, 
        per a schedule determined by the Secretary, incurred by such 
        agencies in collecting and transmitting the information 
        described in paragraph (2).
    (c) Technical and Conforming Amendments.--
            (1) Illegal immigration reform and immigrant responsibility 
        act of 1996.--
                    (A) Technical amendment.--Section 642 of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (8 U.S.C. 1373) is amended--
                            (i) in subsections (a), (b)(1), and (c), by 
                        striking ``Immigration and Naturalization 
                        Service'' each place it appears and inserting 
                        ``Department of Homeland Security''; and
                            (ii) in the heading by striking 
                        ``immigration and naturalization service'' and 
                        inserting ``department of homeland security''.
                    (B) Conforming amendment.--Section 1(d) of the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996 (division C of Public Law 104-208; 110 
                Stat. 3009-546) is amended by striking the item related 
                to section 642 and inserting the following:

``Sec. 642. Communication between government agencies and the 
                            Department of Homeland Security.''.
            (2) Personal responsibility and work opportunity 
        reconciliation act of 1996.--
                    (A) In general.--Section 434 of the Personal 
                Responsibility and Work Opportunity Reconciliation Act 
                of 1996 (8 U.S.C. 1644) is amended--
                            (i) by striking ``Immigration and 
                        Naturalization Service'' and inserting 
                        ``Department of Homeland Security''; and
                            (ii) in the heading by striking 
                        ``immigration and naturalization service'' and 
                        inserting ``department of homeland security''.
                    (B) Conforming amendment.--Section 2 of the 
                Personal Responsibility and Work Opportunity 
                Reconciliation Act of 1996 (8 U.S.C. 1642) (Public Law 
                104-193; 110 Stat. 2105) is amended by striking the 
                item related to section 434 and inserting the 
                following:

``Sec. 434. Communication between State and local government agencies 
                            and the Department of Homeland Security.''.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary to carry out the 
requirements of this section.

SEC. 213. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the National Crime Information 
Center.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        provide the National Crime Information Center of the Department 
        of Justice with such information as the Department of Homeland 
        Security may have in its possession of the Department related 
        to--
                    (A) any alien against whom a final order of removal 
                has been issued;
                    (B) any alien who is subject to a voluntary 
                departure agreement that has become invalid under 
                section 240B(a)(2) of the Immigration and Nationality 
                Act (8 U.S.C. 1229c); and
                    (C) any alien detained by a Federal, State or local 
                law enforcement agency whom a federal immigration 
                officer has confirmed to be unlawfully present in the 
                United States but, in the exercise of discretion, has 
                been released from detention without transfer into the 
                custody of a Federal immigration officer.
            (2) Removal of information.--If an individual is granted 
        cancellation of removal under section 240A of the Immigration 
        and Nationality Act (8 U.S.C. 1229b), or granted permission to 
        legally enter the United States pursuant to the Immigration and 
        Nationality Act after a voluntary departure under section 240B 
        of the Immigration Nationality Act (8 U.S.C. 1229c), 
        information entered into the National Crime Information Center 
        in accordance with paragraph (1) of this section shall be 
        promptly removed.
    (b) Inclusion of Information in the National Crime Information 
Center Database.--Section 534(a) of title 28, United States Code, is 
amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether the alien has received notice of the 
        violation or the alien has already been removed; and''.
    (c) Permission to Depart Voluntarily.--Section 240b of the 
Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (2) in subsection (a)(2)(A), by striking ``120'' and 
        inserting ``30''.

       Subtitle C--Detention of Aliens and Reimbursement of Costs

SEC. 221. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF 
              FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE 
              DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.

    (a) Construction or Acquisition of Detention Facilities.--
            (1) In general.--The Secretary of Homeland Security shall 
        construct or acquire, in addition to existing facilities for 
        the detention of aliens, 20 detention facilities in the United 
        States that have the capacity to detain a combined total of not 
        less than 10,000 individuals at any time for aliens detained 
        pending removal or a decision on removal of such alien from the 
        United States.
            (2) Determination of location.--The location of any 
        detention facility built or acquired in accordance with this 
        subsection shall be determined with the concurrence of the 
        Secretary by the senior officer responsible for Detention and 
        Removal Operations in the Department of Homeland Security. The 
        detention facilities shall be located so as to enable the 
        Department to increase to the maximum extent practicable the 
        annual rate and level of removals of illegal aliens from the 
        United States.
            (3) Use of installations under base closure laws.--In 
        acquiring detention facilities under this subsection, the 
        Secretary of Homeland Security shall consider the transfer of 
        appropriate portions of military installations approved for 
        closure or realignment under the Defense Base Closure and 
        Realignment Act of 1990 (10 U.S.C. 2687 note) for use in 
        accordance with paragraph (1).
    (b) Technical and Conforming Amendment.--Section 241(g)(1) of the 
Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) is amended by 
striking ``may expend'' and inserting ``shall expend''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 222. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR 
              LOCAL LAW ENFORCEMENT.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by adding after section 240C the 
following new section:

       ``transfer of illegal aliens from state to federal custody

    ``Sec. 240D. (a) In General.--If the head of a law enforcement 
entity of a State (or, if appropriate, a political subdivision of the 
State) exercising authority with respect to the apprehension or arrest 
of an illegal alien submits a request to the Secretary of Homeland 
Security that the alien be taken into Federal custody, the Secretary of 
Homeland Security--
            ``(1) shall--
                    ``(A) deem the request to include the inquiry to 
                verify immigration status described in section 642(c) 
                of the Immigration Reform and Immigrant Responsibility 
                Act of 1996, and expeditiously inform the requesting 
                entity whether such individual is an illegal alien; and
                    ``(B) either--
                            ``(i) not later than 72 hours after the 
                        conclusion of the State charging process or 
                        dismissal process, or if no State charging or 
                        dismissal process is required, not later than 
                        72 hours after the illegal alien is 
                        apprehended, take the illegal alien into the 
                        custody of the Federal Government and 
                        incarcerate the alien; or
                            ``(ii) request that the relevant State or 
                        local law enforcement agency temporarily detain 
                        or transport the illegal alien to a location 
                        for transfer to Federal custody; and
            ``(2) shall designate at least 1 Federal, State, or local 
        prison or jail or a private contracted prison or detention 
        facility within each State as the central facility for that 
        State to transfer custody of criminal or illegal aliens to the 
        Department of Homeland Security.
    ``(b) Reimbursement.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        reimburse a State or a political subdivision of a State for 
        expenses, as verified by the Secretary of Homeland Security, 
        incurred by the State or political subdivision in the detention 
        and transportation of a criminal or illegal alien as described 
        in subparagraphs (A) and (B) of subsection (a)(1).
            ``(2) Cost computation.--Compensation provided for costs 
        incurred under subparagraphs (A) and (B) of subsection (a)(1) 
        shall be--
                    ``(A) the product of--
                            ``(i) the average daily cost of 
                        incarceration of a prisoner in the relevant 
                        State, as determined by the chief executive 
                        officer of a State (or, as appropriate, a 
                        political subdivision of the State); multiplied 
                        by
                            ``(ii) the number of days that the alien 
                        was in the custody of the State or political 
                        subdivision; plus
                    ``(B) the cost of transporting the criminal or 
                illegal alien from the point of apprehension or arrest 
                to the location of detention, and if the location of 
                detention and of custody transfer are different, to the 
                custody transfer point; plus
                    ``(C) the cost of uncompensated emergency medical 
                care provided to a detained illegal alien during the 
                period between the time of transmittal of the request 
                described in subsection (a) and the time of transfer 
                into Federal custody.
    ``(c) Requirement for Appropriate Security.--The Secretary of 
Homeland Security shall ensure that illegal aliens incarcerated in a 
Federal facility pursuant to this subsection are held in facilities 
which provide an appropriate level of security, and that, where 
practicable, aliens detained solely for civil violations of Federal 
immigration law are separated within a facility or facilities.
    ``(d) Requirement for Schedule.--In carrying out this section, the 
Secretary of Homeland Security shall establish a regular circuit and 
schedule for the prompt transportation of apprehended illegal aliens 
from the custody of those States and political subdivisions of States 
which routinely submit requests described in subsection (a) into 
Federal custody.
    ``(e) Authority for Contracts.--
            ``(1) In general.--The Secretary of Homeland Security may 
        enter into contracts or cooperative agreements with appropriate 
        State and local law enforcement and detention agencies to 
        implement this section.
            ``(2) Determination by secretary.--Prior to entering into a 
        contract or cooperative agreement with a State or political 
        subdivision of a State under paragraph (1), the Secretary shall 
        determine whether the State, or where appropriate, the 
        political subdivision in which the agencies are located has in 
        place any formal or informal policy that violates section 642 
        of the Illegal Immigration Reform and Immigrant Responsibility 
        Act of 1996 (8 U.S.C. 1373). The Secretary shall not allocate 
        any of the funds made available under this section to any State 
        or political subdivision that has in place a policy that 
        violates such section.
    ``(f) Illegal Alien Defined.--In this section, the term `illegal 
alien' means an alien who--
            ``(1) entered the United States without inspection or at 
        any time or place other than that designated by the Secretary 
        of Homeland Security;
            ``(2) was admitted as a nonimmigrant and who, at the time 
        the alien was taken into custody by the State or a political 
        subdivision of the State, had failed to--
                    ``(A) maintain the nonimmigrant status in which the 
                alien was admitted or to which it was changed under 
                section 248; or
                    ``(B) comply with the conditions of any such 
                status;
            ``(3) was admitted as an immigrant and has subsequently 
        failed to comply with the requirements of that status; or
            ``(4) failed to depart the United States under a voluntary 
        departure agreement or under a final order of removal.''.
    (b) Authorization of Appropriations for the Detention and 
Transportation to Federal Custody of Aliens Not Lawfully Present.--
There are authorized to be appropriated $850,000,000 for fiscal year 
2007 and each subsequent fiscal year for the detention and removal of 
aliens not lawfully present in the United States under the Immigration 
and Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 223. INSTITUTIONAL REMOVAL PROGRAM.

    (a) Institutional Removal Program.--
            (1) Continuation.--The Secretary of Homeland Security shall 
        continue to operate the Institutional Removal Program or 
        develop and implement any other program to--
                    (A) identify removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensure that such aliens are not released into 
                the community; and
                    (C) remove such aliens from the United States after 
                the completion of their sentences.
            (2) Expansion.--the Secretary of Homeland Security shall 
        extend the institutional removal program to all States. Each 
        state should--
                    (A) cooperate with officials of the Federal 
                Institutional Removal Program;
                    (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey the information collected under 
                subparagraph (B) to officials of the Institutional 
                Removal Program.
    (b) Implementation of Cooperative Institutional Removal Programs.--
            (1) Redesignation.--Section 642 of the Illegal Immigration 
        Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 
        is--
                    (A) redesignated as section 296 of the Immigration 
                and Nationality Act; and
                    (B) inserted into such Act after section 295 of 
                such Act.
            (2) Amendment.--Section 296 of the Immigration and 
        Nationality Act, as redesignated by paragraph (1), is amended 
        by adding at the end the following:
    ``(d) Authorization for Detention After Completion of State or 
Local Prison Sentence .--Law 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.
    ``(e) Technology Usage.--Technology such as videoconferencing shall 
be used to the maximum extent practicable in order to make the 
Institutional Removal Program available in remote locations. Mobile 
access to Federal databases of aliens, such as IDENT, and live scan 
technology shall be used to the maximum extent practicable in order to 
make these resources available to State and local law enforcement 
agencies in remote locations.
    ``(f) Enforcement.--
            ``(1) Ineligibility for federal law enforcement aid.--Upon 
        a determination that any person, or any Federal, State, or 
        local government agency or entity, is in violation of 
        subsection (a) or (b), the Attorney General shall not provide 
        to such person, agency, or entity any grant amount pursuant to 
        any law enforcement grant program carried out by any element of 
        the Department of Justice, including the program under section 
        241(i) of the Immigration and Nationality Act (8 U.S.C. 
        241(i)), or pursuant to any grant program authorized under 
        title I of the Housing and Community Development Act of 1974 
        (42 U.S.C. 5301 et seq.), and shall ensure that no such grant 
        amounts are provided, directly or indirectly, to such person, 
        agency, or entity. In the case of grant amounts that otherwise 
        would be provided to such person, agency, or entity pursuant to 
        a formula, such amounts shall be reallocated among eligible 
        recipients.
            ``(2) Violations by government officials.--In any case in 
        which a Federal, State, or local government official is in 
        violation of subsection (a) or (b), the government agency or 
        entity that employs (or, at the time of the violation, 
        employed) the official shall be subject to the sanction 
        described in paragraph (1).
            ``(3) Duration.--The sanction described in paragraph (1) 
        shall remain in effect until the Secretary of Homeland Security 
        determines that the person, agency, or entity has ceased 
        violating subsections (a) and (b).
    ``(g) Private Right of Action.--A citizen or national of the United 
States who is domiciled in a State or in a political subdivision of a 
State shall have a right of action in the United States district court 
of the State in which such citizen or national is domiciled to obtain 
declaratory and injunctive relief to remedy a violation of subsection 
(a) or (b) by an agency, agent, or official of the State or political 
subdivision.
    ``(h) Report to Congress.--The Secretary of Homeland Security shall 
submit to Congress a report on the participation of States in the 
Institutional Removal Program and in any other program under subsection 
(a).
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the Institutional Removal Program--
            ``(1) $30,000,000 for fiscal year 2007;
            ``(2) $40,000,000 for fiscal year 2008;
            ``(3) $50,000,000 for fiscal year 2009;
            ``(4) $60,000,000 for fiscal year 2010; and
            ``(5) $70,000,000 for fiscal year 2011.''.

  Subtitle D--State, Local, and Tribal Enforcement of Immigration Laws

SEC. 231. CONGRESSIONAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT 
              AUTHORITY BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

    Notwithstanding any other provision of law and reaffirming the 
existing inherent authority of States, law enforcement personnel of a 
State or a political subdivision of a State have the inherent authority 
of a sovereign entity to investigate, identify, apprehend, arrest, 
detain, or transfer to Federal custody aliens in the United States 
(including the transportation of such aliens across State lines to 
detention centers), for the purpose of assisting in the enforcement of 
the immigration laws of the United States in the normal course of 
carrying out the law enforcement duties of such personnel. This State 
authority has never been displaced or preempted by a Federal law.

SEC. 232. IMMIGRATION LAW ENFORCEMENT TRAINING OF STATE AND LOCAL LAW 
              ENFORCEMENT PERSONNEL.

    (a) Training Flexibility.--
            (1) In general.--The Secretary of Homeland Security shall 
        make training of State and local law enforcement officers 
        available through as many means as possible, including 
        residential training at the Center for Domestic Preparedness of 
        the Department of Homeland Security, onsite training held at 
        State or local police agencies or facilities, on-line training 
        courses by computer, teleconferencing, and videotape, or the 
        digital video display (DVD) of a training course or courses.
            (2) On-line training.--The head of the Distributed Learning 
        Program of the Federal Law Enforcement Training Center shall 
        make training available for State and local law enforcement 
        personnel via the Internet through a secure, encrypted 
        distributed learning system that has all its servers based in 
        the United States.
            (3) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace the training of Federal personnel.
    (b) Cooperative Enforcement Programs.--The Secretary shall 
negotiate and execute, where practicable, a cooperative enforcement 
agreement described in section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1375(g)) with at least 1 law enforcement 
agency in each State, to train law enforcement officers in the 
detection and apprehension of individuals engaged in transporting, 
harboring, sheltering, or encouraging aliens in violation of section 
274 of such Act (8 U.S.C. 1324).
    (c) Clarification.--Nothing in this Act or any other provision of 
law shall be construed as making any immigration-related training a 
requirement for, or prerequisite to, any State or local law enforcement 
officer exercising the inherent authority of the officer to 
investigate, identify, apprehend, arrest, detain, or transfer to 
Federal custody illegal aliens during the normal course of carrying out 
the law enforcement duties of the officer.
    (d) Technical Amendment.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended by striking ``Attorney 
General'' each place it appears and inserting ``Secretary of Homeland 
Security''.

SEC. 233. IMMUNITY.

    (a) Personal Immunity.--Notwithstanding any other provision of law, 
a law enforcement officer of a State, or of a political subdivision of 
a State, shall be immune, to the same extent as a Federal law 
enforcement officer, from personal liability arising out of the 
enforcement of any immigration law. The immunity provided by this 
subsection shall only apply to an officer of a State, or of a political 
subdivision of a State, who is acting within the scope of such 
officer's official duties.
    (b) Agency Immunity.--Notwithstanding any other provision of law, a 
law enforcement agency of a State, or of a political subdivision of a 
State, shall be immune from any claim for money damages based on 
Federal, State, or local civil rights law for an incident arising out 
of the enforcement of any immigration law, except to the extent that 
the law enforcement officer of such agency, whose action the claim 
involves, committed a violation of Federal, State, or local criminal 
law in the course of enforcing such immigration law.

                   TITLE V--PENALTIES AND ENFORCEMENT

                Subtitle A--Criminal and Civil Penalties

SEC. 501. CRIMINAL PENALTIES FOR ALIEN SMUGGLING.

    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 not 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
                            (iv) by striking the matter following 
                        clause (iii) and inserting the following new 
                        subparagraph:
                    ``(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'';
            (4) in paragraph (3)(B), by striking ``brought into'' and 
        inserting ``transported, harbored, sheltered, or encouraged or 
        induced to enter or reside in''; and
            (5) in paragraph (4), by striking ``10 years'' and 
        inserting ``20 years''.

SEC. 502. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS AT IMPROPER 
              TIME OR PLACE, AVOIDANCE OF EXAMINATION OR INSPECTION, 
              UNLAWFUL PRESENCE AND MISREPRESENTATION OR CONCEALMENT OF 
              FACTS.

    Section 275 of the Immigration and Nationality Act (8 U.S.C. 1325) 
is amended to read as follows:

    ``entry at improper time or place; avoidance of examination or 
  inspection; unlawful presence; misrepresentation or concealment of 
                                 facts

    ``Sec. 275. (a) In General.--Any alien who--
            ``(1) enters or attempts to enter the United States at any 
        time or place other than as designated by immigration officers;
            ``(2) eludes examination or inspection by immigration 
        officers; or
            ``(3) attempts to enter or obtains entry to the United 
        States by a willfully false or misleading representation or the 
        willful concealment of a material fact,
shall, for the first commission of any such offense, be fined under 
title 18, United States Code, or imprisoned not more than 2 years, or 
both. For each subsequent unlawful entry or attempted entry in 
violation of this section, an alien shall be fined under title 18, 
United States Code, or imprisoned not more than 5 years, or both.
    ``(b) Immigration-Related Entrepreneurship Fraud.--Any individual 
who knowingly established a commercial enterprise for the purpose of 
evading any provision of the immigration laws shall be fined not more 
than $500,000, or imprisoned not more than 10 years, or both.''.

SEC. 503. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN 
              THE UNITED STATES.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by adding after section 275 the 
following new section:

    ``criminal penalties for unlawful presence in the united states

    ``Sec. 275A. (a) In General.--In addition to any other violation, 
an alien present in the United States in violation of this Act shall be 
guilty of a misdemeanor and shall be fined under title 18, United 
States Code, imprisoned not more than 1 year, or both. The assets of 
any alien present in the United States in violation of this Act shall 
be subject to forfeiture under title 19, United States Code.
    ``(b) Affirmative Defense.--It shall be an affirmative defense to a 
violation of subsection (a) that the alien overstayed the time allotted 
under the alien's visa due to an exceptional and extremely unusual 
hardship or physical illness that prevented the alien from leaving the 
United States by the required date.''.
    (b) Increase in Criminal Penalties for Illegal Entry.--Section 
275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is 
amended by striking ``6 months,'' and inserting ``1 year,''.
    (c) Rule of Construction.--Nothing in this section shall be 
construed to limit the authority of any State or political subdivision 
therein to enforce criminal trespass laws against aliens whom a law 
enforcement agency has verified to be present in the United States in 
violation of this Act.

SEC. 504. INCREASED PENALTIES FOR REENTRY OF REMOVED ALIENS.

    (a) In General.--Subsection (a) of section 276 of the Immigration 
and Nationality Act (8 U.S.C. 1326) is amended to read as follows:
    ``(a) Subject to subsection (b), any alien shall be fined under 
title 18, United States Code, or imprisoned not more than 2 years, or 
both, who--
            ``(1) has been denied admission, excluded, deported, or 
        removed or has departed the United States while an order of 
        exclusion, deportation, or removal is outstanding; and
            ``(2) thereafter enters, attempts to enter, or is at any 
        time found in, the United States, unless, in the case of an 
        alien previously denied admission and removed, the alien 
        establishes that the alien was not required to obtain from the 
        Secretary of Homeland Security advance consent to reapply for 
        admission under this Act or any prior Act.''.
    (b) Criminal Penalties for Reentry of Certain Removed Aliens.--
Subsection (b) of such section is amended--
            (1) in paragraph (3), by striking ``sentence.'' and 
        inserting ``sentence;''; and
            (2) in paragraph (4), by striking ``(unless the Attorney 
        General has expressly consented to such alien's reentry)''.
    (c) Reentry of Aliens Removed Prior to Completion of 
Imprisonment.--Subsection (c) of such section is amended--
            (1) by inserting ``(as in effect before the effective date 
        of the amendments made by section 305 of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996), 
        or removed under section 241(a)(4),'' after ``242(h)(2)'';
            (2) by striking ``(unless the Attorney General has 
        expressly consented to such alien's reentry)'';
            (3) by inserting ``or removal'' after ``time of 
        deportation''; and
            (4) by inserting ``or removed'' after ``reentry of 
        deported''.
    (d) Challenge to Validity of Order.--Subsection (d) of such section 
is amended--
            (1) in the matter before paragraph (1), by striking 
        ``deportation order'' and inserting ``deportation or removal 
        order''; and
            (2) in paragraph (2), by inserting ``or removal'' after 
        ``deportation''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act and shall apply to criminal 
proceedings involving aliens who enter, attempt to enter, or are found 
in the United States, after such date.

SEC. 505. CIVIL AND CRIMINAL PENALTIES FOR DOCUMENT FRAUD, BENEFIT 
              FRAUD, AND FALSE CLAIMS OF CITIZENSHIP.

    (a) Civil Penalties for Document Fraud.--Section 274C(d)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1324c(d)(3)) is amended--
            (1) in subparagraph (A), by striking ``$250 and not more 
        than $2,000'' and inserting ``$500 and not more than $4,000''; 
        and
            (2) in subparagraph (B), by striking ``$2,000 and not more 
        than $5,000'' and inserting ``$4,000 and not more than 
        $10,000''.
    (b) Fraud and False Statements.--Chapter 47 of title 18, United 
States Code, is amended--
            (1) in section 1015, by striking ``not more than 5 years'' 
        and inserting ``not more than 10 years''; and
            (2) in section 1028(b)--
                    (A) in paragraph (1), by striking ``15 years'' and 
                inserting ``20 years'';
                    (B) in paragraph (2), by striking ``three years'' 
                and inserting ``6 years'';
                    (C) in paragraph (3), by striking ``20 years'' and 
                inserting ``25 years''; and
                    (D) in paragraph (6), by striking ``one year'' and 
                inserting ``2 years''.
    (c) Document Fraud.--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 punished 
                by death or 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''.
    (d) Crimes of Violence.--
            (1) In general.--Title 18, United States Code, is amended 
        by inserting after chapter 51 the following:

                      ``CHAPTER 52--ILLEGAL ALIENS

``SEC. 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) Clerical amendment.--The table of chapters at the 
        beginning of part I of title 18, United States Code, is amended 
        by inserting after the item relating to chapter 51 the 
        following:

                      ``Chapter 52--Illegal Aliens

``1131. Enhanced penalties for certain crimes committed by illegal 
                            aliens.''.

SEC. 506. RENDERING INADMISSIBLE AND DEPORTABLE ALIENS PARTICIPATING IN 
              CRIMINAL STREET GANGS.

    (a) Inadmissible.--Section 212(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end 
the following:
                    ``(J) Criminal street gang participation.--
                            ``(i) In general.--Any alien is 
                        inadmissible if--
                                    ``(I) the alien has been removed 
                                under section 237(a)(2)(F); or
                                    ``(II) the consular officer or the 
                                Secretary of Homeland Security knows, 
                                or has reasonable ground to believe 
                                that the alien--
                                            ``(aa) is a member of a 
                                        criminal street gang and has 
                                        committed, conspired, or 
                                        threatened to commit, or seeks 
                                        to enter the United States to 
                                        engage solely, principally, or 
                                        incidentally in, a gang crime 
                                        or any other unlawful activity; 
                                        or
                                            ``(bb) is a member of a 
                                        criminal street gang designated 
                                        under section 219A.
                            ``(ii) Definitions.--In this subparagraph:
                                    ``(I) Criminal street gang.--The 
                                term `criminal street gang' means an 
                                ongoing group, club organization or 
                                informal association of 5 or more 
                                persons who engage, or have engaged 
                                within the past 5 years in a continuing 
                                series of 3 or more gang crimes (one of 
                                which is a crime of violence, as 
                                defined in section 16 of title 18, 
                                United States Code).
                                    ``(II) Gang crime.--The term `gang 
                                crime' means conduct constituting any 
                                Federal or State crime, punishable by 
                                imprisonment for 1 year or more, in any 
                                of the following categories:
                                            ``(aa) A crime of violence 
                                        (as defined in section 16 of 
                                        title 18, United States Code).
                                            ``(bb) A crime involving 
                                        obstruction of justice, 
                                        tampering with or retaliating 
                                        against a witness, victim, or 
                                        informant, or burglary.
                                            ``(cc) A crime involving 
                                        the manufacturing, importing, 
                                        distributing, possessing with 
                                        intent to distribute, or 
                                        otherwise dealing in a 
                                        controlled substance or listed 
                                        chemical (as those terms are 
                                        defined in section 102 of the 
                                        Controlled Substances Act (21 
                                        U.S.C. 802)).
                                            ``(dd) Any conduct 
                                        punishable under section 844 of 
                                        title 18, United States Code 
                                        (relating to explosive 
                                        materials), subsection (d), 
                                        (g)(1) (where the underlying 
                                        conviction is a violent felony 
                                        (as defined in section 
                                        924(e)(2)(B) of such title) or 
                                        is a serious drug offense (as 
                                        defined in section 
                                        924(e)(2)(A)), (i), (j), (k), 
                                        (o), (p), (q), (u), or (x) of 
                                        section 922 of such title 
                                        (relating to unlawful acts), or 
                                        subsection (b), (c), (g), (h), 
                                        (k), (l), (m), or (n) of 
                                        section 924 of such title 
                                        (relating to penalties), 
                                        section 930 of such title 
                                        (relating to possession of 
                                        firearms and dangerous weapons 
                                        in Federal facilities), section 
                                        931 of such title (relating to 
                                        purchase, ownership, or 
                                        possession of body armor by 
                                        violent felons), sections 1028 
                                        and 1029 of such title 
                                        (relating to fraud and related 
                                        activity in connection with 
                                        identification documents or 
                                        access devices), section 1952 
                                        of such title (relating to 
                                        interstate and foreign travel 
                                        or transportation in aid of 
                                        racketeering enterprises), 
                                        section 1956 of such title 
                                        (relating to the laundering of 
                                        monetary instruments), section 
                                        1957 of such title (relating to 
                                        engaging in monetary 
                                        transactions in property 
                                        derived from specified unlawful 
                                        activity), or sections 2312 
                                        through 2315 of such title 
                                        (relating to interstate 
                                        transportation of stolen motor 
                                        vehicles or stolen property).
                                            ``(ee) Any conduct 
                                        punishable under section 274 
                                        (relating to bringing in and 
                                        harboring certain aliens), 
                                        section 277 (relating to aiding 
                                        or assisting certain aliens to 
                                        enter the United States), or 
                                        section 278 (relating to 
                                        importation of alien for 
                                        immoral purpose) of this 
                                        Act.''.
    (b) Deportable.--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) Criminal street gang participation.--
                            ``(i) In general.--An alien is deportable 
                        if the alien--
                                    ``(I) is a member of a criminal 
                                street gang and is convicted of 
                                committing, or conspiring, threatening, 
                                or attempting to commit, a gang crime; 
                                or
                                    ``(II) is determined by the 
                                Secretary of Homeland Security to be a 
                                member of a criminal street gang 
                                designated under section 219A.
                            ``(ii) Definitions.--For purposes of this 
                        subparagraph, the terms `criminal street gang' 
                        and `gang crime' have the meaning given such 
                        terms in section 212(a)(2)(J)(ii).''.
    (c) Designation of Criminal Street Gangs.--
            (1) In general.--Chapter 2 of title II of the Immigration 
        and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
        adding at the end the following:

                 ``designation of criminal street gangs

    ``Sec. 219A. (a) Designation.--
            ``(1) In general.--The Attorney General is authorized to 
        designate a group or association as a criminal street gang in 
        accordance with this subsection if the Attorney General finds 
        that the group or association meets the criteria described in 
        section 212(a)(2)(J)(ii)(I).
            ``(2) Procedure.--
                    ``(A) Notice.--
                            ``(i) To congressional leaders.--Seven days 
                        before making a designation under this 
                        subsection, the Attorney General shall, by 
                        classified communication, notify the Speaker 
                        and Minority Leader of the House of 
                        Representatives, the President pro tempore, 
                        Majority Leader, and Minority Leader of the 
                        Senate, and the members of the relevant 
                        committees of the House of Representatives and 
                        the Senate, in writing, of the intent to 
                        designate a group or association under this 
                        subsection, together with the findings made 
                        under paragraph (1) with respect to that group 
                        or association, and the factual basis 
                        therefore.
                            ``(ii) Publication in federal register.--
                        The Attorney shall publish the designation in 
                        the Federal Register 7 days after providing the 
                        notification under clause (i).
                    ``(B) Effect of designation.--
                            ``(i) A designation under this subsection 
                        shall take effect upon publication under 
                        subparagraph (A)(ii).
                            ``(ii) Any designation under this 
                        subsection shall cease to have effect upon an 
                        Act of Congress disapproving such designation.
            ``(3) Record.--In making a designation under this 
        subsection, the Attorney General shall create an administrative 
        record.
            ``(4) Period of designation.--
                    ``(A) In general.--A designation under this 
                subsection shall be effective for all purposes until 
                revoked under paragraph (5) or (6) or set aside 
                pursuant to subsection (b).
                    ``(B) Review of designation upon petition.--
                            ``(i) In general.--The Attorney General 
                        shall review the designation of a criminal 
                        street gang under the procedures set forth in 
                        clauses (iii) and (iv) if the designated gang 
                        or association files a petition for revocation 
                        within the petition period described in clause 
                        (ii).
                            ``(ii) Petition period.--For purposes of 
                        clause (i)--
                                    ``(I) if the designated gang or 
                                association has not previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date on which 
                                the designation was made; or
                                    ``(II) if the designated gang or 
                                association has previously filed a 
                                petition for revocation under this 
                                subparagraph, the petition period 
                                begins 2 years after the date of the 
                                determination made under clause (iv) on 
                                that petition.
                            ``(iii) Procedures.--Any criminal street 
                        gang that submits a petition for revocation 
                        under this subparagraph shall provide evidence 
                        in that petition that the relevant 
                        circumstances described in paragraph (1) are 
                        sufficiently different from the circumstances 
                        that were the basis for the designation such 
                        that a revocation with respect to the gang is 
                        warranted.
                            ``(iv) Determination.--
                                    ``(I) In general.--Not later than 
                                180 days after receiving a petition for 
                                revocation submitted under this 
                                subparagraph, the Attorney General 
                                shall make a determination as to such 
                                revocation.
                                    ``(II) Publication of 
                                determination.--A determination made by 
                                the Attorney General under this clause 
                                shall be published in the Federal 
                                Register.
                                    ``(III) Procedures.--Any revocation 
                                by the Attorney General shall be made 
                                in accordance with paragraph (6).
                    ``(C) Other review of designation.--
                            ``(i) In general.--If in a 4-year period no 
                        review has taken place under subparagraph (B), 
                        the Attorney General shall review the 
                        designation of the criminal street gang in 
                        order to determine whether such designation 
                        should be revoked pursuant to paragraph (6).
                            ``(ii) Procedures.--If a review does not 
                        take place pursuant to subparagraph (B) in 
                        response to a petition for revocation that is 
                        filed in accordance with that subparagraph, 
                        then the review shall be conducted pursuant to 
                        procedures established by the Attorney General. 
                        The results of such review and the applicable 
                        procedures shall not be reviewable in any 
                        court.
                            ``(iii) Publication of results of review.--
                        The Attorney General shall publish any 
                        determination made pursuant to this 
                        subparagraph in the Federal Register.
            ``(5) Revocation by act of congress.--The Congress, by an 
        Act of Congress, may block or revoke a designation made under 
        paragraph (1).
            ``(6) Revocation based on change in circumstances.--
                    ``(A) In general.--The Attorney General may revoke 
                a designation made under paragraph (1) at any time, and 
                shall revoke a designation upon completion of a review 
                conducted pursuant to subparagraphs (b) and (c) of 
                paragraph (4) if the Attorney General finds that--
                            ``(i) the circumstances that were the basis 
                        for the designation have changed in such a 
                        manner as to warrant revocation; or
                            ``(ii) the national security of the United 
                        States warrants a revocation.
                    ``(B) Procedure.--The procedural requirements of 
                paragraphs (2) and (3) shall apply to a revocation 
                under this paragraph. Any revocation shall take effect 
                on the date specified in the revocation or upon 
                publication in the Federal Register if no effective 
                date is specified.
            ``(7) Effect of revocation.--The revocation of a 
        designation under paragraph (5) or (6) shall not affect any 
        action or proceeding based on conduct committed prior to the 
        effective date of such revocation.
            ``(8) Use of designation in hearing.--If a designation 
        under this subsection has become effective under paragraph 
        (2)(B), an alien in a removal proceeding shall not be permitted 
        to raise any question concerning the validity of the issuance 
        of such designation as a defense or an objection at any 
        hearing.
    ``(b) Judicial Review of Designation.--
            ``(1) In general.--Not later than 60 days after publication 
        of the designation in the Federal Register, a group or 
        association designated as a criminal street gang may seek 
        judicial review of the designation in the United States Court 
        of Appeals for the District of Columbia Circuit.
            ``(2) Basis of review.--Review under this subsection shall 
        be based solely upon the administrative record.
            ``(3) Scope of review.--The court shall hold unlawful and 
        set aside a designation the court finds to be--
                    ``(A) arbitrary, capricious, an abuse of 
                discretion, or otherwise not in accordance with law;
                    ``(B) contrary to constitutional right, power, 
                privilege, or immunity;
                    ``(C) in excess of statutory jurisdiction, 
                authority, or limitation, or short of statutory right;
                    ``(D) lacking substantial support in the 
                administrative record taken as a whole; or
                    ``(E) not in accord with the procedures required by 
                law.
            ``(4) Judicial review invoked.--The pendency of an action 
        for judicial review of a designation shall not affect the 
        application of this section, unless the court issues a final 
        order setting aside the designation.
    ``(c) Relevant Committee Defined.--As used in this section, the 
term `relevant committees' means the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House of 
Representatives.''.
            (2) Clerical amendment.--The table of contents for the 
        Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
        amended by inserting after the item relating to section 219 the 
        following:

``Sec. 219A. Designation of criminal street gangs.''.

SEC. 507. MANDATORY DETENTION OF SUSPECTED CRIMINAL STREET GANG 
              MEMBERS.

    (a) In General.--Section 236(c)(1)(d) of the Immigration and 
Nationality Act (8 U.S.C. 1226(c)(1)(d)) is amended--
            (1) by inserting ``or 212(a)(2)(J)'' after 
        ``212(a)(3)(B)''; and
            (2) by inserting ``or 237(a)(2)(F)'' before 
        ``237(a)(4)(B)''.
    (b) Annual Report.--Not later than March 1 of each year (beginning 
1 year after the date of enactment of this Act), the Secretary of 
Homeland Security, after consultation with the appropriate Federal 
agencies, shall submit a report to the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the House of 
Representatives on the number of aliens detained under the amendments 
made by subsection (a).

SEC. 508. INELIGIBILITY FROM PROTECTION FROM REMOVAL AND ASYLUM.

    (a) Inapplicability of Restriction on Removal to Certain 
Countries.--Section 241(b)(3)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1251(b)(3)(B)) is amended, in the matter preceding clause 
(i), by inserting ``who is described in section 212(a)(2)(J)(i) or 
section 237(a)(2)(F)(i) or who is'' after ``to an alien''.
    (b) Ineligibility for Asylum.--Section 208(b)(2)(A) of such act (8 
U.S.C. 1158(b)(2)(A)) is amended--
            (1) in clause (v), by striking ``or'' at the end;
            (2) by redesignating clause (vi) as clause (vii); and
            (3) by inserting after clause (v) the following:
                            ``(vi) the alien is described in section 
                        212(a)(2)(J)(i) or section 237(a)(2)(F)(i) 
                        (relating to participation in criminal street 
                        gangs); or''.
    (c) Denial of Review of Determination of Ineligibility for 
Temporary Protected Status.--Section 244(c)(2) of such Act (8 U.S.C. 
1254(c)(2)) is amended by adding at the end the following:
                    ``(C) Limitation on judicial review.--There shall 
                be no judicial review of any finding under subparagraph 
                (B) that an alien is described in section 
                208(b)(2)(A)(vi).''.

SEC. 509. PENALTIES FOR MISUSING SOCIAL SECURITY NUMBERS OR FILING 
              FALSE INFORMATION WITH SOCIAL SECURITY ADMINISTRATION.

    (a) Misuse of Social Security Numbers.--
            (1) In general.--Section 208(a) of the Social Security Act 
        (42 U.S.C. 408(a)) is amended--
                    (A) in paragraph (7), by adding after subparagraph 
                (C) the following:
                    ``(D) with intent to deceive, discloses, sells, or 
                transfers his own social security account number, 
                assigned to him by the Commissioner of Social Security 
                (in the exercise of the Commissioner's authority under 
                section 205(c)(2) to establish and maintain records), 
                to any person; or'';
                    (B) in paragraph (8), by adding ``or'' at the end; 
                and
                    (C) by inserting after paragraph (8) the following:
            ``(9) without lawful authority, offers, for a fee, to 
        acquire for any individual, or to assist in acquiring for any 
        individual, an additional social security account number or a 
        number that purports to be a social security account number;
            ``(10) willfully acts or fails to act so as to cause a 
        violation of section 205(c)(2)(C)(xii);
            ``(11) being an officer or employee of any executive, 
        legislative, or judicial agency or instrumentality of the 
        Federal Government or of a State or political subdivision 
        thereof (or a person acting as an agent of such an agency or 
        instrumentality) in possession of any individual's social 
        security account number (or an officer or employee thereof or a 
        person acting as an agent thereof), willfully acts or fails to 
        act so as to cause a violation of clause (vi)(II), (x), (xi), 
        (xii), (xiii), or (xiv) of section 205(c)(2)(C); or
            ``(12) being a trustee appointed in a case under title 11, 
        United States Code (or an officer or employee thereof or a 
        person acting as an agent thereof), willfully acts or fails to 
        act so as to cause a violation of clause (x) or (xi) of section 
        205(c)(2)(C).''.
            (2) Effective dates.--Paragraphs (7)(D) and (9) of section 
        208(a) of the Social Security Act, as added by paragraph (1), 
        shall apply with respect to each violation occurring after the 
        date of enactment of this Act. Paragraphs (10), (11), and (12) 
        of section 208(a) of such Act, as added by paragraph (1)(C), 
        shall apply with respect to each violation occurring on or 
        after the effective date of this Act.
    (b) Report on Enforcement Efforts Concerning Employers Filing False 
Information Returns.--The Commissioner of Internal Revenue and the 
Commissioner of Social Security shall submit an annual report to the 
appropriate congressional committees on efforts taken to identify and 
enforce penalties against employers that file incorrect information 
returns.

              Subtitle B--Detention, Removal and Departure

SEC. 511. VOLUNTARY DEPARTURE.

    (a) In General.--Section 240B of the Immigration and Nationality 
Act (8 U.S.C. 1229c) is amended to read as follows:

                         ``voluntary departure

    ``Sec. 240B. (a) In Lieu of Proceedings.--The Secretary of Homeland 
Security may permit an alien voluntarily to depart the United States at 
the alien's own expense under this subsection, in lieu of being subject 
to proceedings under section 240 and in lieu of applying for another 
form of relief from removal, if the alien is not deportable under 
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart 
voluntarily under this subsection shall not be valid for a period 
exceeding 90 days and cannot be extended. The Secretary of Homeland 
Security shall require an alien permitted to depart voluntarily under 
this subsection to post a voluntary departure bond, in an amount 
necessary to ensure that the alien will depart, to be surrendered upon 
proof that the alien has departed the United States within the time 
specified.
    ``(b) Prior to Scheduling Merits Hearing.--The Secretary of 
Homeland Security may permit an alien voluntarily to depart the United 
States at the alien's own expense under this subsection prior to the 
scheduling of the first merits hearing, in lieu of applying for another 
form of relief from removal, if the alien is not deportable under 
paragraph (2)(A)(iii) or (4)(B) of section 237(a). Permission to depart 
voluntarily under this subsection shall not be valid for a period 
exceeding 60 days and cannot be extended. The Secretary shall require 
an alien permitted to depart voluntarily under this subsection to post 
a voluntary departure bond, in an amount necessary to ensure that the 
alien will depart, to be surrendered upon proof that the alien has 
departed the United States within the time specified.
    ``(c) Once First Merits Hearing Scheduled.--
            ``(1) In general.--Once the first merits hearing has been 
        scheduled under section 240, the Secretary of Homeland Security 
        may permit an alien voluntarily to depart the United States at 
        the alien's own expense under this subsection, in lieu of 
        pursuing another form of relief from removal, if the 
        immigration judge enters an order granting voluntary departure 
        in lieu of removal and finds that--
                    ``(A) the alien has been physically present in the 
                United States for a period of at least 1 year 
                immediately preceding the date the notice to appear was 
                served under section 239(a);
                    ``(B) the alien is, and has been, a person of good 
                moral character for at least 5 years immediately 
                preceding the alien's application for voluntary 
                departure;
                    ``(C) the alien is not deportable under paragraph 
                (2)(A)(iii) or (4)(B) of section 237(a); and
                    ``(D) the alien has established by clear and 
                convincing evidence that the alien has the means to 
                depart the United States and intends to do so.
            ``(2) Period.--Permission to depart voluntarily under this 
        subsection shall not be valid for a period exceeding 45 days 
        and cannot be extended.
            ``(3) Bond.--The Secretary of Homeland Security shall 
        require an alien permitted to depart voluntarily under this 
        subsection to post a voluntary departure bond, in an amount 
        necessary to ensure that the alien will depart, to be 
        surrendered upon proof that the alien has departed the United 
        States within the time specified.
    ``(d) Aliens Not Eligible.--The Secretary of Homeland Security 
shall not permit an alien to depart voluntarily under this section if 
the alien was previously permitted to depart voluntarily under section 
244(e) or this section, or to voluntarily return, at any time.
    ``(e) Civil Penalty for Failure to Depart.--If an alien is 
permitted to depart voluntarily under this section and fails 
voluntarily to depart the United States within the time period 
specified, the alien shall be subject to a civil penalty of not less 
than $1,000 and not more than $5,000, and be ineligible for a period of 
10 years for any further relief under this section and sections 240A, 
245, 248, and 249. The order permitting the alien to depart voluntarily 
shall inform the alien of the penalties under this subsection.
    ``(f) Additional Conditions.--The Secretary of Homeland Security 
may by regulation limit eligibility for voluntary departure under this 
section for any class or classes of aliens. No court may review any 
regulation issued under this subsection.
    ``(g) Treatment of Aliens Arriving in the United States.--In the 
case of an alien who is arriving in the United States and with respect 
to whom proceedings under section 240 are (or would otherwise be) 
initiated at the time of such alien's arrival, subsections (a) through 
(c) shall not apply. Nothing in this paragraph shall be construed as 
preventing such an alien from withdrawing the application for admission 
in accordance with section 235(a)(4).
    ``(h) Review.--There shall be no administrative or judicial review 
of a denial of a request for an order of voluntary departure. No court 
or agency shall order a stay of an alien's removal pending 
consideration of any claim with respect to voluntary departure. The 
order permitting the alien to depart voluntarily shall inform the alien 
that the alien has no right to appeal any issue relating to the removal 
proceeding.
    ``(i) Voluntary Departure Agreements Negotiated by State or Local 
Courts.--
            ``(1) In general.--The Secretary of Homeland Security may 
        permit an alien voluntarily to depart the United States at the 
        alien's own expense under this subsection at any time prior to 
        the scheduling of the first merits hearing, in lieu of applying 
        for another form of relief from removal, if the alien--
                    ``(A) is deportable under section 237(a)(1);
                    ``(B) is charged in a criminal proceeding in a 
                State or local court for which conviction would subject 
                the alien to deportation under paragraphs (2) through 
                (6) of section 237(a); and
                    ``(C) has accepted a plea bargain in such 
                proceeding which stipulates that the alien, after 
                consultation with counsel in such proceeding--
                            ``(i) voluntarily waives application for 
                        another form of relief from removal;
                            ``(ii) consents to transportation, under 
                        custody of a law enforcement officer of the 
                        State or local court, to an appropriate 
                        international port of entry where departure 
                        from the United States will occur;
                            ``(iii) possesses or will promptly obtain 
                        travel documents issued by the foreign state of 
                        which the alien is a national or legal 
                        resident; and
                            ``(iv) possesses the means to purchase 
                        transportation from the port of entry to the 
                        foreign state to which the alien will depart 
                        from the United States.
            ``(2) Review.--The Secretary shall promptly review an 
        application for voluntary departure for compliance with the 
        requirements of paragraph (1). The Secretary shall permit 
        voluntary departure under this subsection unless the State or 
        local jurisdiction is informed in writing not later that 30 
        days after such application is filed, that the Secretary 
        intends to seek removal under section 240.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act and shall apply to 
aliens who are in proceedings under the Immigration and Nationality Act 
on or after such date if those proceedings have not resulted in a final 
administrative order before such date.

SEC. 512. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

    (a) In General.--Section 236(a)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as follows:
            ``(2) subject to section 241(a)(8), may release the alien 
        on bond of at least $10,000, with security approved by, and 
        containing conditions prescribed by, the Secretary of Homeland 
        Security, but the Secretary shall not release the alien on or 
        to his own recognizance unless an order of an immigration judge 
        expressly finds that the alien is not a flight risk and is not 
        a threat to the United States; and''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of enactment of this Act.

SEC. 513. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

    (a) In General.--Section 238 of the Immigration and Nationality Act 
(8 U.S.C. 1228) is amended--
            (1) by amending the section heading to read as follows: 
        ``expedited removal of criminal aliens''
            (2) in subsection (a), by amending the subsection heading 
        to read as follows: ``Expedited Removal From Correctional 
        Facilities'';
            (3) in subsection (b), by amending the subsection heading 
        to read as follows: ``Removal of Criminal Aliens'';
            (4) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--The Secretary may, in the case of an 
        alien described in paragraph (2), determine the deportability 
        of such alien and issue an order of removal pursuant to the 
        procedures set forth in this subsection or section 240.
            ``(2) Aliens described.--An alien is described in this 
        paragraph if the alien, whether or not admitted into the United 
        States, was convicted of any criminal offense described in 
        subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
            (5) in the first subsection (c) (relating to presumption of 
        deportability), by striking ``convicted of an aggravated 
        felony'' and inserting ``described in paragraph (b)(2)'';
            (6) by redesignating the second subsection (c) (relating to 
        judicial removal) as subsection (d); and
            (7) in subsection (d)(5) (as so redesignated), by striking 
        ``, who is deportable under this Act,''.
    (b) Limit on Injunctive Relief.--Section 242(f)(2) of such Act (8 
U.S.C. 1252(f)(2)) is amended by inserting ``or stay, whether 
temporarily or otherwise,'' after ``enjoin''.

SEC. 514. REINSTATEMENT OF PREVIOUS REMOVAL ORDERS.

    Section 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 
1231(a)(5)) is amended to read as follows:
            ``(5) Reinstatement of previous removal orders.--
                    ``(A) Removal.--The Secretary of Homeland Security 
                shall remove an alien who is an applicant for admission 
                (other than an admissible alien presenting himself or 
                herself for inspection at a port of entry or an alien 
                paroled into the United States under section 
                212(d)(5)), after having been, on or after September 
                30, 1996, excluded, deported, or removed, or having 
                departed voluntarily under an order of exclusion, 
                deportation, or removal.
                    ``(B) Judicial review.--The removal described in 
                subparagraph (A) shall not require any proceeding 
                before an immigration judge, and shall be under the 
                prior order of exclusion, deportation, or removal, 
                which is not subject to reopening or review. The alien 
                is not eligible and may not apply for or receive any 
                immigration relief or benefit under this Act or any 
                other law, with the exception of sections 208 or 
                241(b)(3) or the United Nations Convention Against 
                Torture and Other Cruel, Inhuman, or Degrading 
                Treatment or Punishment in the case of an alien who 
                indicates either an intention to apply for asylum under 
                section 208 or a fear of persecution or torture.''.

SEC. 515. CANCELLATION OF REMOVAL.

    Section 240A(c) of the Immigration and Nationality Act (8 U.S.C. 
1229b(c)) is amended by adding at the end the following:
            ``(7) An alien who is inadmissible under section 
        212(a)(9)(B)(i).''.

SEC. 516. DETENTION OF DANGEROUS ALIENS.

    (a) Removal of Terrorist Aliens.--
            (1) In general.--Title II of the Immigration and 
        Nationality Act (8 U.S.C. 1151 et seq.) is amended--
                    (A) in section 208(b)(2)(A) (8 U.S.C. 
                1158(b)(2)(A)), by amending clause (v) to read as 
                follows:
                            ``(v) the alien is described in section 
                        212(a)(3)(B), 212(a)(3)(F), or 237(a)(4)(B) 
                        unless, in the case only of an alien described 
                        in section 212(a)(3)(B)(i)(IV), the Secretary 
                        of Homeland Security or the Attorney General 
                        determines that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States; or'';
                    (B) in section 240A(c) (8 U.S.C. 1229b(c)), by 
                amending paragraph (4) to read as follows:
            ``(4) An alien described in section 212(a)(3) or 
        237(a)(4).'';
                    (C) in section 240B(b)(1)(C) (8 U.S.C. 
                1229c(b)(1)(C)), by striking ``deportable under'' and 
                inserting ``described in'';
                    (D) in section 241(b)(3)(B) (8 U.S.C. 
                1251(b)(3)(B))--
                            (i) in clause (iii), by striking ``or'' at 
                        the end;
                            (ii) in clause (iv), by striking the period 
                        at the end and inserting ``; or'';
                            (iii) by inserting after clause (iv) the 
                        following:
                            ``(v) the alien is described in section 
                        212(a)(3)(B), 212(a)(3)(F), or 237(a)(4)(B), 
                        unless, in the case only of an alien described 
                        in section 212(a)(3)(B)(i)(IV), the Secretary 
                        of Homeland Security or the Attorney General 
                        determines that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States.''; and
                            (iv) by striking ``For purposes of clause 
                        (iv)'' and all that follows; and
                    (E) in section 249 (8 U.S.C. 1259)--
                            (i) by striking ``inadmissible under 
                        section 212(a)(3)(E) or under section'' and 
                        inserting ``described in section 212(a)(3)(E) 
                        or''; and
                            (ii) in subsection (d), by striking ``to 
                        citizenship and is not deportable under'' and 
                        inserting ``for citizenship and is not 
                        described in''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect on the date of enactment of this Act and 
        shall apply to--
                    (A) all aliens subject to removal, deportation, or 
                exclusion at any time; and
                    (B) acts and conditions constituting a ground for 
                inadmissibility, excludability, deportation, or removal 
                occurring or existing before, on, or after such 
                effective date.
    (b) Detention of Dangerous Aliens.--
            (1) In general.--Section 241(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1231(a)) is amended--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary of Homeland Security'' each place it 
                appears ;
                    (B) in paragraph (2), by inserting ``If a court 
                orders a stay of removal of an alien who is subject to 
                an order of removal that is administratively final, the 
                Secretary of Homeland Security, in the exercise of the 
                Secretary's discretion, may detain the alien during the 
                pendency of such stay of removal, before the beginning 
                of the removal period, as provided in paragraph 
                (1)(B)(ii).'' after ``detain the alien.''; and
                    (C) in paragraph (6), by striking ``removal period 
                and, if released,'' and inserting ``removal period, in 
                the discretion of the Secretary, without any 
                limitations other than those specified by the Secretary 
                of Homeland Security by regulation, until the alien is 
                removed. If an alien is released, the alien''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect upon the date of enactment of this Act, and 
        shall apply to cases in which the final administrative removal 
        order was issued before, on, or after such date.

SEC. 517. ALTERNATIVES TO DETENTION.

    The Secretary of Homeland Security shall implement pilot programs 
in 6 States with the largest estimated populations of deportable aliens 
to study the effectiveness of alternatives to detention, including 
electronic monitoring devices and intensive supervision programs, in 
ensuring alien appearance at court and compliance with removal orders.

SEC. 518. RELEASE OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

    (a) Minimum Bond.--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'' before 
                ``bond''; 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 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; or.''
    (b) Report.--Two 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.

SEC. 519. CURTAILMENT OF VISAS FOR ALIENS FROM COUNTRIES DENYING OR 
              DELAYING REPATRIATION OF NATIONALS.

    Section 244 of the Immigration and Nationality Act (8 U.S.C. 1253) 
is amended by adding at the end the following new subsection:
    ``(e) Public Listing of Aliens With No Significant Likelihood of 
Removal.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        establish and maintain a public listing of every alien who is 
        subject to a final order of removal and with respect to whom 
        the Secretary or any Federal court has determined that there is 
        no significant likelihood of removal in the reasonably 
        foreseeable future due to the refusal, or unreasonable delay, 
        of all countries designated by the alien under this section to 
        receive the alien. The public listing shall indicate whether 
        such alien has been released from Federal custody, and the city 
        and State in which such alien resides.
            ``(2) Discontinuation of visas.--If 24 or more of the 
        citizens, subjects, or nationals of any foreign state remain on 
        the public listing described in paragraph (1) throughout any 
        month--
                    ``(A) such foreign state shall be deemed to have 
                denied or unreasonably delayed the acceptance of such 
                aliens;
                    ``(B) the Secretary of Homeland Security shall make 
                the notification to the Secretary of State prescribed 
                in subsection (d) of this section; and
                    ``(C) the Secretary of State shall discontinue the 
                issuance of nonimmigrant visas to citizens, subjects, 
                or nationals of such foreign state until such time as 
                the number of aliens on the public listing from such 
                foreign state has--
                            ``(i) declined to fewer than 6; or
                            ``(ii) remained below 25 for at least 30 
                        days.''.

SEC. 520. AUTHORIZATION OF APPROPRIATIONS.

    In 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 2007 through 2011 to carry out this title.
                                 <all>