[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2368 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 2368

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2006

  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 Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act and other Acts to provide 
  for border security and interior enforcement improvements, 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 2006''.
    (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. 201. Necessary assets for controlling United States borders.
Sec. 202. Additional immigration personnel.
Sec. 203. Additional worksite enforcement and fraud detection agents.
Sec. 204. Document fraud detection.
Sec. 205. Powers of immigration officers and employees.
      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.
Sec. 214. Determination of immigration status of individuals charged 
                            with Federal offenses.
       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 III--VISA REFORM AND ALIEN STATUS

         Subtitle A--Limitations on Visa Issuance and Validity

Sec. 301. Curtailment of visas for aliens from countries denying or 
                            delaying repatriation of nationals.
Sec. 302. Judicial review of visa revocation.
Sec. 303. Elimination of diversity immigrant program.
Sec. 304. Completion of background and security checks.
Sec. 305. Naturalization and good moral character.
Sec. 306. Denial of benefits to terrorists and criminals.
Sec. 307. Repeal of adjustment of status of certain aliens physically 
                            present in United States under section 
                            245(i).
Sec. 308. Grounds of Inadmissibility and Removability for Persecutors.
Sec. 309. Technical Corrections to SEVIS Reporting Requirements.
      TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY

                         Subtitle A--In General

Sec. 401. Short title.
Sec. 402. Findings.
         Subtitle B--Employment Eligibility Verification System

Sec. 411. Employment Eligibility Verification System.
Sec. 412. Employment eligibility verification process.
Sec. 413. Expansion of employment eligibility verification system to 
                            previously hired individuals and recruiting 
                            and referring.
Sec. 414. Extension of preemption to required construction of day 
                            laborer shelters.
Sec. 415. Basic pilot program.
Sec. 416. Protection for United States workers and individuals 
                            reporting immigration law violations.
Sec. 417. Penalties.
Subtitle C--Work Eligibility Verification Reform in the Social Security 
                             Administration

Sec. 421. Verification responsibilities of the Commissioner of Social 
                            Security.
Sec. 422. Notification by commissioner of failure to correct social 
                            security information.
Sec. 423. Restriction on access and use.
Sec. 424. Sharing of information with the commissioner of Internal 
                            Revenue Service.
Sec. 425. Sharing of information with the Secretary of Homeland 
                            Security.
 Subtitle D--Employment Eligibility Verification System Reform in the 
                        Internal Revenue Agency

Sec. 431. Sharing of information with the Secretary of Homeland 
                            Security and the Commissioner of Social 
                            Security.
Sec. 432. Ineligibility for nonresident alien tax status and the Earned 
                            Income Tax Credit for unauthorized work.
Sec. 433. Lawful use of individual taxpayer identification numbers.
Sec. 434. No deduction allowed for compensation paid to unauthorized 
                            workers.
             Subtitle E--Identification Document Integrity

Sec. 441. Consular identification documents.
Sec. 442. Machine-readable tamper-resistant immigration documents.
 Subtitle F--Limitations on Illegal Alien Collection of Social Security

Sec. 451. Exclusion of unauthorized employment from employment upon 
                            which creditable wages may be based.
Sec. 452. Exclusion of unauthorized functions and services from trade 
                            or business from which creditable self-
                            employment income may be derived.
Sec. 453. Effective date.
      Subtitle G--Effective Date; Authorization of Appropriations

Sec. 461. Effective date.
Sec. 462. Authorization of appropriations.
                   TITLE V--PENALTIES AND ENFORCEMENT

                Subtitle A--Criminal and Civil Penalties

Sec. 501. Alien smuggling and related offenses.
Sec. 502. Evasion of inspection or violation of arrival, reporting, 
                            entry, or clearance requirements.
Sec. 503. Improper entry by, or presence of, aliens.
Sec. 504. Fees and Employer Compliance Fund.
Sec. 505. Reentry of removed alien.
Sec. 506. Civil and criminal penalties for document fraud, benefit 
                            fraud, and false claims of citizenship.
Sec. 507. Rendering inadmissible and deportable aliens participating in 
                            criminal street gangs.
Sec. 508. Mandatory detention of suspected criminal street gang 
                            members.
Sec. 509. Ineligibility for asylum and protection from removal.
Sec. 510. Penalties for misusing social security numbers or filing 
                            false information with Social Security 
                            Administration.
Sec. 511. Technical and clarifying amendments.
             Subtitle B--Detention, Removal, and Departure

Sec. 521. Voluntary departure reform.
Sec. 522. Release of aliens in removal proceedings.
Sec. 523. Expedited removal.
Sec. 524. Reinstatement of previous removal orders.
Sec. 525. Cancellation of removal.
Sec. 526. Detention of dangerous alien.
Sec. 527. Alternatives to detention.
Sec. 528. 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.

    (a) In General.--Section 102(b)(1) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
U.S.C. 1103 note) is amended to read as follows--
            ``(1) Border security improvements.--
                    ``(A) Border zone creation.--
                            ``(i) In general.--In carrying out 
                        subsection (a), the Secretary of Homeland 
                        Security shall create and control a border 
                        zone, along the international land border 
                        between the United States and Mexico, subject 
                        to the following conditions:
                                    ``(I) Size.--The border zone shall 
                                consist of the United States land area 
                                within 100 yards of such international 
                                land border, except that with respect 
                                to areas of the border zone that are 
                                contained within an organized 
                                subdivision of a State or local 
                                government, the Secretary may adjust 
                                the area included in the border zone to 
                                accommodate existing public and private 
                                structures.
                                    ``(II) Federal land.--Not later 
                                than 30 days after the date of the 
                                enactment of the Border Security and 
                                Interior Enforcement Improvement Act of 
                                2006, the head of each Federal agency 
                                having jurisdiction over Federal land 
                                included in the border zone shall 
                                transfer such land, without 
                                reimbursement, to the administrative 
                                jurisdiction of the Secretary of 
                                Homeland Security.
                                    ``(III) Consultation.--Before 
                                installing any fencing or other 
                                physical barriers, roads, lighting, or 
                                sensors under subparagraph (B) on land 
                                transferred by the Secretary of Defense 
                                under subclause (II), the Secretary of 
                                Homeland Security 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.
                            ``(ii) Other uses.--The Secretary may 
                        authorize the use of land included in the 
                        border zone for other purposes so long as such 
                        use does not impede the operation or 
                        effectiveness of the security features 
                        installed under subparagraph (B) or the ability 
                        of the Secretary to carry out subsection (a).
                    ``(B) Reinforced fencing.--In carrying out 
                subsection (a), the Secretary of Homeland Security 
                shall provide for--
                            ``(i) the construction along the southern 
                        international land border between the United 
                        States and Mexico, 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, ditches, 
                        and sensors along such border as may be 
                        necessary to eliminate illegal crossings and 
                        facilitate legal crossings along such border.
                    ``(C) Priority areas.--With respect to the border 
                described in subparagraph (B), the Secretary shall 
                ensure that initial fence construction occurs in high 
                traffic and smuggling areas along such border.''.
    (b) Conforming Amendments.--Section 102 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 
U.S.C. 1103 note) as amended by subsection (a) is further amended--
            (1) in subsection (a), by striking ``Attorney General, in 
        consultation with the Commissioner of Immigration and 
        Naturalization,'' and inserting ``Secretary of Homeland 
        Security'';
            (2) in subsection (b), by striking the heading and 
        inserting ``Border Zone Creation and Reinforced Fending--''; 
        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'' both places 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 the 
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 1-year period beginning after submission of the 
        report.

SEC. 104. PORTS OF ENTRY.

    To facilitate legal trade, commerce, tourism, and legal 
immigration, 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 the 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 section 102(b)(1) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 
104-208; 8 U.S.C. 1103), as amended by section 101. Such sums shall be 
available until expended.
    (b) Border Patrol Agents.--There are authorized to be appropriated 
$3,000,000,000 to carry out section 5202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734), 
as amended 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. 201. 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.--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) 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.--Notwithstanding any other provision 
of law or regulation, temporary or permanent checkpoints may be 
maintained on roadways in border patrol sectors close to the 
international land borders of the United States in such locations and 
for such time period durations as the Secretary of Homeland Security, 
in the Secretary's sole discretion, determines necessary.

SEC. 202. 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 for Immigration Enforcement 
                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) Assistant 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 Assistant United States 
        Attorneys 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. 203. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.

    (a) Worksite Enforcement.--In 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 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) above the number of such 
positions in which funds were made available during the preceding 
fiscal year.
    (b) Fraud Detection.--In 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 1,000 the 
number of positions for Immigration Enforcement Agents dedicated to 
immigration fraud detection above the number of such positions in which 
funds were made available during the preceding fiscal year.
    (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. 204. 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 Bureau of 
Immigration and Customs Enforcement of the Department of Homeland 
Security.
    (b) Forensic Document Laboratory.--The Secretary of Homeland 
Security shall provide all officers of the Bureau of Customs and Border 
Protection 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.

SEC. 205. POWERS OF IMMIGRATION OFFICERS AND EMPLOYEES.

    Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 
1357(a)) is amended--
            (1) by striking paragraph (5) and the 2 undesignated 
        paragraphs following paragraph (5);
            (2) in the material preceding paragraph (1)--
                    (A) by striking ``(a) Any'' and inserting ``(a)(1) 
                Any''; and
                    (B) by striking ``Service'' and inserting 
                ``Department of Homeland Security'';
            (3) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D), respectively; and
            (4) by inserting after subparagraph (D), as redesignated by 
        paragraph (3), the following:
            ``(E) to make arrests--
                    ``(i) for any offense against the United States, if 
                the offense is committed in the officer's or employee's 
                presence; or
                    ``(ii) for any felony cognizable under the laws of 
                the United States, if the officer or employee has 
                reasonable grounds to believe that the person to be 
                arrested has committed or is committing such a felony.
    ``(2) Under regulations prescribed by the Attorney General or the 
Secretary of Homeland Security, an officer or employee of the Service 
may carry a firearm and may execute and serve any order, warrant, 
subpoena, summons, or other process issued under the authority of the 
United States.''.

      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 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.''.
    (e) Biometric Data Enhancements.--Not later than October 1, 2006, 
the Secretary of Homeland Security shall--
            (1) in consultation with the Attorney General, enhance 
        connectivity between the automated biometric fingerprint 
        identification system (IDENT) of the Department of Homeland 
        Security and the integrated automated fingerprint 
        identification system (IAFIS) of the Federal Bureau of 
        Investigation fingerprint databases to ensure more expeditious 
        data searches; and
            (2) in consultation with the Secretary of State, collect 
        all 10 fingerprints during the alien's initial enrollment in 
        the integrated entry and exit data system described in section 
        110 of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1365a), as amended by this 
        section.

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.--In compliance with 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), 
                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 and who cannot produce 
                the valid certificate of alien registration or alien 
                registration receipt card described in section 264(d) 
                of the Immigration and Nationality Act (8 U.S.C. 
                1304(d)).
                    (B) Time limitation.--Not later than 15 days after 
                an alien described in subparagraph (A) is apprehended, 
                information required to be provided under subparagraph 
                (A) 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 a full set of 
                        the alien's 10 rolled 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) 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 
        the enactment of this Act, the Secretary of Homeland Security 
        shall provide to the head of the National Crime Information 
        Center of the Department of Justice the information that the 
        Secretary of Homeland Security has or maintains related to any 
        alien--
                    (A) against whom a final order of removal has been 
                issued;
                    (B) who enters into a voluntary departure 
                agreement, or is granted voluntary departure by an 
                immigration judge, whose period for departure has 
                expired under subsection (a)(2) or (b)(2) of section 
                240B of the Immigration and Nationality Act (8 U.S.C. 
                1229c) or who has violated a condition of a voluntary 
                departure agreement under such section 240B;
                    (C) 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;
                    (D) who has remained in the United States beyond 
                the alien's authorized period of stay; and
                    (E) whose visa has been revoked.
            (2) Removal of information.--The head of the National Crime 
        Information Center should promptly remove any information 
        provided by the Secretary of Homeland Security under paragraph 
        (1) related to an alien who is granted lawful authority to 
        enter or remain legally in the United States.
    (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''.

SEC. 214. DETERMINATION OF IMMIGRATION STATUS OF INDIVIDUALS CHARGED 
              WITH FEDERAL OFFENSES.

    (a) Responsibility of United States Attorneys.--Beginning 2 years 
after the date of the enactment of this Act, the office of the United 
States attorney that is prosecuting a criminal case in a Federal 
court--
            (1) shall determine, not later than 30 days after filing 
        the initial pleadings in the case, whether each defendant in 
        the case is lawfully present in the United States (subject to 
        subsequent legal proceedings to determine otherwise);
            (2)(A) if the defendant is determined to be an alien 
        lawfully present in the United States, shall notify the court 
        in writing of the determination and the current status of the 
        alien under the Immigration and Nationality Act (8 U.S.C. 1101 
        et seq.); and
            (B) if the defendant is determined not to be lawfully 
        present in the United States, shall notify the court in writing 
        of the determination, the defendant's alien status, and, to the 
        extent possible, the country of origin or legal residence of 
        the defendant; and
            (3) ensure that the information described in paragraph (2) 
        is included in the case file and the criminal records system of 
        the office of the United States attorney.
    (b) Guidelines.--A determination made under subsection (a)(1) shall 
be made in accordance with guidelines of the Executive Office for 
Immigration Review of the Department of Justice.
    (c) Responsibilities of Federal Courts.--
            (1) Modifications of records and case managements 
        systems.--Not later than 2 years after the date of the 
        enactment of this Act, all Federal courts that hear criminal 
        cases, or appeals of criminal cases, shall modify their 
        criminal records and case management systems, in accordance 
        with guidelines which the Director of the Administrative Office 
        of the United States Courts shall establish, so as to enable 
        accurate reporting of information described in subsection 
        (a)(2).
            (2) Data entries.--Beginning 2 years after the date of the 
        enactment of this Act, each Federal court described in 
        paragraph (1) shall enter into its electronic records the 
        information contained in each notification to the court under 
        subsection (a)(2).
    (d) Annual Report to Congress.--The Director of the Administrative 
Office of the United States Courts shall include, in the annual report 
filed with the Congress under section 604 of title 28, United States 
Code--
            (1) statistical information on criminal trials of aliens in 
        the courts and criminal convictions of aliens in the lower 
        courts and upheld on appeal, including the type of crime in 
        each case and including information on the legal status of the 
        aliens; and
            (2) recommendations on whether additional court resources 
        are needed to accommodate the volume of criminal cases brought 
        against aliens in the Federal courts.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for each of fiscal years 2007 through 2012, such sums as 
may be necessary to carry out this Act. Funds appropriated pursuant to 
this subsection in any fiscal year shall remain available until 
expended.

       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 aliens 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:

``SEC. 240D. TRANSFER OF ILLEGAL ALIENS FROM STATE TO FEDERAL CUSTODY.

    ``(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 Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1373(c)), and 
                expeditiously inform the requesting entity whether such 
                individual is an illegal alien; and
                    ``(B) if the individual is an illegal alien, 
                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.--
Section 642 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1373), 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 the automated biometric 
fingerprint identification system (IDENT) of the Department of Homeland 
Security, 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) Report to Congress.--Not later than 1 year after the date of 
the enactment of the Border Security and Interior Enforcement 
Improvement Act of 2006, 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 carried out 
under subsection (a).
    ``(g) 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 and each fiscal year 
        thereafter.''.

  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 Manual and Pocket Guide.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary of Homeland 
        Security shall establish--
                    (A) a training manual for law enforcement personnel 
                of a State or political subdivision of a State to train 
                such personnel in the investigation, identification, 
                apprehension, arrest, detention, and transfer to 
                Federal custody of aliens in the United States 
                (including the transportation of such aliens across 
                State lines to detention centers and the identification 
                of fraudulent documents); and
                    (B) an immigration enforcement pocket guide for law 
                enforcement personnel of a State or political 
                subdivision of a State to provide a quick reference for 
                such personnel in the course of duty.
            (2) Availability.--The training manual and pocket guide 
        established in accordance with paragraph (1) shall be made 
        available to all State and local law enforcement personnel.
            (3) Applicability.--Nothing in this subsection shall be 
        construed to require State or local law enforcement personnel 
        to carry the training manual or pocket guide established in 
        accordance with paragraph (1) with them while on duty.
            (4) Costs.--The Secretary of Homeland Security shall be 
        responsible for any and all costs incurred in establishing the 
        training manual and pocket guide under this subsection.
    (b) 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, on-site training held at 
        State or local police agencies or facilities, online training 
        courses by computer, teleconferencing, and videotape, or the 
        digital video display (DVD) of a training course or courses.
            (2) Online 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.
    (c) Cooperative Enforcement Programs.--Not later than 2 years after 
the date of the enactment of this Act, 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. 1357(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).
    (d) Duration of Training.--Section 287(g)(2) of the Immigration and 
Nationalization Act (8 U.S.C. 1357(g)(2)) is amended by adding at the 
end ``Such training may not exceed 14 days or 80 hours of classroom 
training.''.
    (e) 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.
    (f) Technical Amendments.--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 III--VISA REFORM AND ALIEN STATUS

         Subtitle A--Limitations on Visa Issuance and Validity

SEC. 301. CURTAILMENT OF VISAS FOR ALIENS FROM COUNTRIES DENYING OR 
              DELAYING REPATRIATION OF NATIONALS.

    (a) In General.--Section 243 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 25 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.''.
    (b) Technical Amendment.--Section 243 of the Immigration and 
Nationality Act (8 U.S.C. 1253) is amended--
            (1) in subsection (a)(1)(D), by inserting ``or the 
        Secretary of Homeland Security'' after ``Attorney General'';
            (2) in subsection (c)--
                    (A) by striking ``Attorney General'' each place it 
                appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) by striking ``Commissioner'' and inserting 
                ``Secretary''; and
            (3) in subsection (d)--
                    (A) by striking ``Attorney General'' each place it 
                appears and inserting ``Secretary of Homeland 
                Security''; and
                    (B) by inserting ``of State'' after ``notifies the 
                Secretary''.

SEC. 302. JUDICIAL REVIEW OF VISA REVOCATION.

    Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 
1201(i)) is amended by striking ``, except in the context of a removal 
proceeding if such revocation provides the sole ground for removal 
under section 237(a)(1)(B)''.

SEC. 303. ELIMINATION OF DIVERSITY IMMIGRANT PROGRAM.

    (a) Worldwide Level of Diversity Immigrants.--Section 201 of the 
Immigration and Nationality Act (8 U.S.C. 1151) is amended--
            (1) in subsection (a)--
                    (A) by inserting ``and'' at the end of paragraph 
                (1);
                    (B) by striking ``; and'' at the end of paragraph 
                (2) and inserting a period; and
                    (C) by striking paragraph (3); and
            (2) by striking subsection (e).
    (b) Allocation of Diversity Immigrant Visas.--Section 203 of such 
Act (8 U.S.C. 1153) is amended--
            (1) by striking subsection (c);
            (2) in subsection (d), by striking ``(a), (b), or (c),'' 
        and inserting ``(a) or (b),'';
            (3) in subsection (e), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''; and
            (5) in subsection (g), by striking ``(a), (b), and (c)'' 
        and inserting ``(a) and (b)''.
    (c) Procedure for Granting Immigrant Status.--Section 204 of such 
Act (8 U.S.C. 1154) is amended--
            (1) by striking subsection (a)(1)(I); and
            (2) in subsection (e), by striking ``(a), (b), or (c)'' and 
        inserting ``(a) or (b)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2006.

SEC. 304. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

    Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) 
is amended by adding at the end the following new subsection:
    ``(i) Notwithstanding any other provision of law, the Secretary of 
Homeland Security, the Attorney General, or any court shall not--
            ``(1) grant or order the grant of adjustment of status to 
        that of an alien lawfully admitted for permanent residence;
            ``(2) grant or order the grant of any other status, relief, 
        protection from removal, or other benefit under the immigration 
        laws; or
            ``(3) issue any documentation evidencing or related to such 
        grant by the Attorney General, the Secretary, or any court,
until such background and security checks as the Secretary may in his 
discretion require have been completed to the satisfaction of the 
Secretary.''.

SEC. 305. NATURALIZATION AND GOOD MORAL CHARACTER.

    (a) Naturalization Reform.--
            (1) Barring terrorists from naturalization.--Section 316 of 
        the Immigration and Nationality Act (8 U.S.C. 1427) is amended 
        by adding at the end the following new subsection:
    ``(g) No person shall be naturalized who the Secretary of Homeland 
Security determines, in the Secretary's discretion, to have been at any 
time an alien described in section 212(a)(3) or 237(a)(4). Such 
determination may be based upon any relevant information or evidence, 
including classified, sensitive, or national security information, and 
shall be binding upon, and unreviewable by, any court exercising 
jurisdiction under the immigration laws over any application for 
naturalization, regardless whether such jurisdiction to review a 
decision or action of the Secretary is de novo or otherwise.''.
            (2) Concurrent naturalization and removal proceedings.--The 
        last sentence of section 318 of such Act (8 U.S.C. 1429) is 
        amended--
                    (A) by striking ``shall be considered by the 
                Attorney General'' and inserting ``shall be considered 
                by the Secretary of Homeland Security or any court'';
                    (B) by striking ``pursuant to a warrant of arrest 
                issued under the provisions of this or any other Act:'' 
                and inserting ``or other proceeding to determine the 
                applicants inadmissibility or deportability, or to 
                determine whether the applicants lawful permanent 
                resident status should be rescinded, regardless of when 
                such proceeding was commenced:''; and
                    (C) by striking ``upon the Attorney General'' and 
                inserting ``upon the Secretary of Homeland Security''.
            (3) Pending denaturalization or removal proceedings.--
        Section 204(b) of such Act (8 U.S.C. 1154(b)) is amended by 
        adding at the end ``No petition shall be approved pursuant to 
        this section if there is any administrative or judicial 
        proceeding (whether civil or criminal) pending against the 
        petitioner that could (whether directly or indirectly) result 
        in the petitioner's denaturalization or the loss of the 
        petitioner's lawful permanent resident status.''.
            (4) Conditional permanent residents.--Section 216(e) of 
        such Act (8 U.S.C. 1186a(e)) and section 216A(e) of such Act (8 
        U.S.C. 1186b(e)) are each amended by inserting before the 
        period at the end of each such section ``, if the alien has had 
        the conditional basis removed under this section''.
            (5) District court jurisdiction.--Section 336(b) of such 
        Act (8 U.S.C. 1447(b)) is amended to read as follows:
    ``(b) If there is a failure to render a final administrative 
decision under section 335 before the end of the 180-day period after 
the date on which the Secretary of Homeland Security completes all 
examinations and interviews conducted under such section (as such terms 
are defined in regulations issued by the Secretary), the applicant may 
apply to the district court for the district in which the applicant 
resides for a hearing on the matter. Such court shall only have 
jurisdiction to review the basis for delay and remand the matter to the 
Secretary for the Secretary's determination on the application.''.
            (6) Conforming amendments.--Section 310(c) of such Act (8 
        U.S.C. 1421(c)) is amended--
                    (A) by inserting ``, not later than 120 days after 
                the date of the Secretary's final determination'' 
                before ``seek''; and
                    (B) by striking the second sentence and inserting 
                ``The burden shall be upon the petitioner to show that 
                the Secretary's denial of the application was not 
                supported by facially legitimate and bona fide reasons. 
                Except in a proceeding under section 340, 
                notwithstanding any other provision of law, including 
                section 2241 of title 28, United States Code, or any 
                other habeas corpus provision, and sections 1361 and 
                1651 of such title, no court shall have jurisdiction to 
                determine, or to review a determination of the 
                Secretary made at any time regarding, for purposes of 
                an application for naturalization, whether an alien is 
                a person of good moral character, whether an alien 
                understands and is attached to the principles of the 
                Constitution of the United States, or whether an alien 
                is well disposed to the good order and happiness of the 
                United States.''.
            (7) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act, 
        shall apply to any act that occurred before, on, or after such 
        date, and shall apply to any application for naturalization or 
        any other case or matter under the immigration laws pending on, 
        or filed on or after, such date.
    (b) Bar to Good Moral Character.--
            (1) In general.--Section 101(f) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(f)) is amended--
                    (A) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) one who the Secretary of Homeland Security or the 
        Attorney General determines, in the unreviewable discretion of 
        the Secretary or the Attorney General, to have been at any time 
        an alien described in section 212(a)(3) or section 237(a)(4), 
        which determination may be based upon any relevant information 
        or evidence, including classified, sensitive, or national 
        security information, and which shall be binding upon any court 
        regardless of the applicable standard of review;'';
                    (B) in paragraph (8), by inserting ``, regardless 
                whether the crime was classified as an aggravated 
                felony at the time of conviction'' after ``(as defined 
                in subsection (a)(43))''; and
                    (C) by striking the first sentence in the 
                undesignated paragraph following paragraph (9) and 
                inserting ``The fact that any person is not within any 
                of the foregoing classes shall not preclude a 
                discretionary finding for other reasons that such a 
                person is or was not of good moral character. The 
                Secretary and the Attorney General shall not be limited 
                to the applicant's conduct during the period for which 
                good moral character is required, but may take into 
                consideration as a basis for determination the 
                applicant's conduct and acts at any time.''.
            (2) Aggravated felony effective date.--Section 509(b) of 
        the Immigration Act of 1990 (Public Law 101-649), as amended by 
        section 306(a)(7) of the Miscellaneous and Technical 
        Immigration and Naturalization Amendments of 1991 (Public Law 
        102-232)), is amended to read as follows:
    ``(b) Effective Date.--The amendment made by subsection (a) shall 
take effect on November 29, 1990, and shall apply to convictions 
occurring before, on, or after such date.''.
            (3) Technical correction to the intelligence reform act.--
        Section 5504(2) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3741) is 
        amended by striking ``adding at the end'' and inserting 
        ``inserting after paragraph (8) and before the undesignated 
        paragraph at the end''.
            (4) Effective dates.--
                    (A) In general.--The amendments made by paragraphs 
                (1) and (2) shall take effect on the date of the 
                enactment of this Act, shall apply to any act that 
                occurred before, on, or after such date, and shall 
                apply to any application for naturalization or any 
                other benefit or relief or any other case or matter 
                under the immigration laws pending on, or filed on or 
                after, such date; or
                    (B) Intelligence reform and terrorism prevention 
                act of 2004.--The amendments made by paragraph (3) 
                shall take effect as if included in the enactment of 
                the Intelligence Reform and Terrorism Prevention Act of 
                2004 (Public Law 108-458; 118 Stat. 3638).

SEC. 306. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.

    (a) 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 new section:

``SEC. 219A. PROHIBITION ON PROVIDING IMMIGRATION BENEFITS TO CERTAIN 
              ALIENS.

    ``Nothing in this Act or any other provision of law shall permit 
the Secretary of Homeland Security, the Attorney General, the Secretary 
of State, the Secretary of Labor, or any other authorized head of any 
agency to grant any application, approve any petition, or grant or 
continue any status or benefit under the immigration laws by, to, or on 
behalf of--
            ``(1) any alien described in subparagraphs (A)(i), 
        (A)(iii), (B), or (F) of sections 212(a)(3) or subparagraphs 
        (A)(i), (A)(iii), or (B) of section 237(a)(4);
            ``(2) any alien with respect to whom a criminal or other 
        investigation or case is pending that is material to the 
        alien's inadmissibility, deportability, or eligibility for the 
        status or benefit sought; or
            ``(3) any alien for whom all law enforcement checks, as 
        deemed appropriate by such authorized official, have not been 
        conducted and resolved.''.
    (b) Inadmissibility on Security and Related Grounds.--Section 
212(a)(3)(B)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(ii)(I)) is amended by inserting ``is able to demonstrate, 
by clear and convincing evidence, that such spouse or child'' after 
``who''.

SEC. 307. REPEAL OF ADJUSTMENT OF STATUS OF CERTAIN ALIENS PHYSICALLY 
              PRESENT IN UNITED STATES UNDER SECTION 245(I).

    Section 245(i) of the Immigration and Nationality Act (8 U.S.C. 
1255(i)) is repealed.

SEC. 308. GROUNDS OF INADMISSIBILITY AND REMOVABILITY FOR PERSECUTORS.

    (a) General Classes of Aliens Ineligible to Receive Visas and 
Ineligible for Admission.--
            (1) Persecution.--Section 212(a)(3)(E) of the Immigration 
        and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
                    (A) in the header, by striking ``Nazi''; and
                    (B) by inserting after clause (iii) the following 
                new clause:
                            ``(iv) Participation in other 
                        persecution.--Any alien who ordered, incited, 
                        assisted, or otherwise participated in the 
                        persecution of any person on account of race, 
                        religion, nationality, membership in a 
                        particular social group, or political opinion 
                        is inadmissible.''.
            (2) Recommendations by consular officers.--Section 
        212(d)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 
        1182(d)(3)(A)) by striking ``and clauses (i) and (ii) of 
        paragraph (3)(E)'' both places it appears and inserting ``or 
        3(E)''.
    (b) General Classes of Deportable Aliens.--Section 237(a)(4)(D) of 
the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(D)) is 
amended--
            (1) in the header, by striking ``Nazi''; and
            (2) by striking ``or (iii)'' and inserting ``(iii), or 
        (iv)''.
    (c) Bar to Good Moral Character.--Section 101(f) of the Immigration 
and Nationality Act (8 U.S.C. 1101(f)) is amended--
            (1) in paragraph (8), by striking ``or'';
            (2) in paragraph (9), as added by section 5504(2) of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 118 Stat. 3741), as amended by section 
        305(b)(3) of this Act, by striking the period at the end and 
        inserting a semicolon and ``or''; and
            (3) inserting after paragraph (9), as added by section 
        5504(2) of the Intelligence Reform and Terrorism Prevention Act 
        of 2004 (Public Law 108-458; 118 Stat. 3741), as amended by 
        section 305(b)(3) of this Act, and before the undesignated 
        paragraph at the end the following new paragraph:
            ``(10) one who at any time has ordered, incited, assisted, 
        or otherwise participated in the persecution of any person on 
        account of race, religion, nationality, membership in a 
        particular social group, or political opinion.''.
    (d) Voluntary Departure.--Section 240B of the Immigration and 
Nationality Act (8 U.S.C. 1229c) is amended--
            (1) in subsection (a)(1), by striking ``deportable under 
        section 237(a)(2)(A)(iii) or section 237(a)(4)(B)'' and 
        inserting ``removable under section 237(a)(2)(A)(iii), 
        subparagraph (B) or (D) or section 237(a)(4), or section 
        212(a)(3)(E).''; and
            (2) in subsection (b)(1)(C), by striking ``deportable under 
        section 237(a)(2)(A)(iii) or section 237(a)(4)(B)'' and 
        inserting ``removable under section 237(a)(2)(A)(iii), 
        subparagraph (B) or (D) of section 237(a)(4), or section 
        212(a)(3)(E).''.
    (e) Aiding or Assisting Certain Aliens To Enter the United 
States.--Section 277 of such Act (8 U.S.C. 1327) is amended by striking 
``or 212(a)(3) (other than subparagraph (E) thereof)'' and inserting 
``, section 212(a)(3)''.

SEC. 309. TECHNICAL CORRECTIONS TO SEVIS REPORTING REQUIREMENTS.

    (a) Program To Collect Information Relating to Nonimmigrant Foreign 
Students.--
            (1) In general.--Section 641(a)(4) of the Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996 (8 
        U.S.C. 1372(a)(4)) is amended--
                    (A) by striking ``Not later than 30 days after the 
                deadline for registering for classes for an academic 
                term'' and inserting ``Not later than the program start 
                date (for new students) or the next session start date 
                (for continuing students) of an academic term''; and
                    (B) by striking ``shall report to the Immigration 
                and Naturalization Service any failure of the alien to 
                enroll or to commence participation.'' and inserting 
                ``shall report to the Secretary of Homeland Security 
                any failure to enroll or to commence participation by 
                the program start date or next session start date, as 
                applicable.''.
            (2) Technical and conforming amendments.--
                    (A) Authority of the secretary of homeland 
                security.--Except as provided in subparagraph (B), 
                section 641 of the Illegal Immigration Reform and 
                Immigrant Responsibility Act of 1996 (8 U.S.C. 1372) is 
                amended by striking ``Attorney General'' each place 
                that term appears and inserting ``Secretary of Homeland 
                Security''.
                    (B) Exceptions.--Section 641 of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1372) is amended--
                            (i) in subsections (b), (c)(4)(A), 
                        (c)(4)(B), (e)(1), (e)(6), and (g) by inserting 
                        ``Secretary of Homeland Security or the'' 
                        before ``Attorney General'' each place that 
                        term appears;
                            (ii) by striking the heading of section 
                        (c)(4)(B) and inserting ``Secretary of homeland 
                        security and attorney general''; and
                            (iii) in subsection (f), by inserting ``the 
                        Secretary of Homeland Security,'' before ``the 
                        Attorney General''.
    (b) Clarification of Release of Information.--Section 641 of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1372), as amended by subsection (a), is further amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (G), by striking ``and'' at the 
                end;
                    (B) in subparagraph (H), by striking the period and 
                inserting a semicolon and ``and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(I) any other information the Secretary of 
                Homeland Security determines is necessary.''; and
            (2) in subsection (c)(2), by adding at the end ``Approved 
        institutions of higher education or other approved educational 
        institutions shall release information regarding alien students 
        referred to in this section to the Secretary of Homeland 
        Security as part of such information collection program or upon 
        request.''.

      TITLE IV--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY

                         Subtitle A--In General

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Employment Security Act of 2006''.

SEC. 402. FINDINGS.

    Congress makes the following findings:
            (1) The failure of Federal, State, and local governments to 
        control and sanction the unauthorized employment and unlawful 
        exploitation of illegal alien workers is a primary cause of 
        illegal immigration.
            (2) The use of modern technology not available in 1986, 
        when the Immigration Reform and Control Act of 1986 (Public Law 
        99-603; 100 Stat. 3359) created the I-9 worker verification 
        system, will enable employers to rapidly and accurately verify 
        the identity and work authorization of their employees and 
        independent contractors.
            (3) The Government and people of the United States share a 
        compelling interest in protection of United States employment 
        authorization, income tax withholding, and social security 
        accounting systems, against unauthorized access by illegal 
        aliens.
            (4) Limited data sharing between the Department of Homeland 
        Security, the Internal Revenue Service, and the Social Security 
        Administration is essential to the integrity of these vital 
        programs, which protect the employment and retirement security 
        of all working Americans.
            (5) The Federal judiciary must be open to private United 
        States citizens, legal foreign workers, and law-abiding 
        enterprises that seek judicial protection against injury to 
        their wages and working conditions due to unlawful employment 
        of illegal alien workers and the United States enterprises that 
        utilize the labor or services provided by illegal aliens, 
        especially where lack of resources constrains enforcement of 
        Federal immigration law by Federal immigration officials.

         Subtitle B--Employment Eligibility Verification System

SEC. 411. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

    (a) In General.--Section 274A(b) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(b)) is amended by adding at the end the following:
            ``(7) Employment eligibility verification system.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish and administer a verification 
                system, known as the Employment Eligibility 
                Verification System, through which the Secretary--
                            ``(i) responds to inquiries made by persons 
                        at any time through a toll-free telephone line 
                        and other toll-free electronic media concerning 
                        an individual's identity and whether the 
                        individual is authorized to be employed; and
                            ``(ii) maintains records of the inquiries 
                        that were made, of verifications provided (or 
                        not provided), and of the codes provided to 
                        inquirers as evidence of their compliance with 
                        their obligations under this section.
                    ``(B) Initial response.--The verification system 
                shall provide verification or a tentative 
                nonverification of an individual's identity and 
                employment eligibility within 3 working days of the 
                initial inquiry. If providing verification or tentative 
                nonverification, the verification system shall provide 
                an appropriate code indicating such verification or 
                such nonverification.
                    ``(C) Secondary verification process in case of 
                tentative nonverification.--In cases of tentative 
                nonverification, the Secretary shall specify, in 
                consultation with the Commissioner of Social Security, 
                an available secondary verification process to confirm 
                the validity of information provided and to provide a 
                final verification or nonverification within 10 working 
                days after the date of the tentative nonverification. 
                When final verification or nonverification is provided, 
                the verification system shall provide an appropriate 
                code indicating such verification or nonverification.
                    ``(D) Design and operation of system.--The 
                verification system shall be designed and operated--
                            ``(i) to maximize its reliability and ease 
                        of use by persons and other entities consistent 
                        with insulating and protecting the privacy and 
                        security of the underlying information;
                            ``(ii) to respond to all inquiries made by 
                        such persons and entities on whether 
                        individuals are authorized to be employed and 
                        to register all times when such inquiries are 
                        not received;
                            ``(iii) with appropriate administrative, 
                        technical, and physical safeguards to prevent 
                        unauthorized disclosure of personal 
                        information; and
                            ``(iv) to have reasonable safeguards 
                        against the system's resulting in unlawful 
                        discriminatory practices based on national 
                        origin or citizenship status, including--
                                    ``(I) the selective or unauthorized 
                                use of the system to verify 
                                eligibility;
                                    ``(II) the use of the system prior 
                                to an offer of employment; or
                                    ``(III) the exclusion of certain 
                                individuals from consideration for 
                                employment as a result of a perceived 
                                likelihood that additional verification 
                                will be required, beyond what is 
                                required for most job applicants.
                    ``(E) Responsibilities of the commissioner of 
                social security.--As part of the verification system, 
                the Commissioner of Social Security, in consultation 
                with the Secretary of Homeland Security (and any 
                designee of the Secretary selected to establish and 
                administer the verification system), shall establish a 
                reliable, secure method, which, within the time periods 
                specified under subparagraphs (B) and (C), compares the 
                name and social security account number provided in an 
                inquiry against such information maintained by the 
                Commissioner in order to validate (or not validate) the 
                information provided regarding an individual whose 
                identity and employment eligibility must be confirmed, 
                the correspondence of the name and number, and whether 
                the individual has presented a social security account 
                number that is not valid for employment. The 
                Commissioner shall not disclose or release social 
                security information (other than such verification or 
                nonverification) except as provided for in this section 
                or section 205(c)(2)(I) of the Social Security Act.
                    ``(F) Responsibilities of the secretary of homeland 
                security.--(i) As part of the verification system, the 
                Secretary of Homeland Security (in consultation with 
                any designee of the Secretary selected to establish and 
                administer the verification system), shall establish a 
                reliable, secure method, which, within the time periods 
                specified under subparagraphs (B) and (C), compares the 
                name and alien identification or authorization number 
                which are provided in an inquiry against such 
                information maintained by the Secretary in order to 
                validate (or not validate) the information provided, 
                the correspondence of the name and number, and whether 
                the alien is authorized to be employed in the United 
                States.
                    ``(ii) When a single employer has submitted to the 
                verification system pursuant to paragraph (3)(A) the 
                identical social security account number in more than 
                one instance, or when multiple employers have submitted 
                to the verification system pursuant to such paragraph 
                the identical social security account number, in a 
                manner which indicates the possible fraudulent use of 
                that number, the Secretary of Homeland Security shall 
                conduct an investigation, within the time periods 
                specified in subparagraphs (B) and (C), in order to 
                ensure that no fraudulent use of a social security 
                account number has taken place. If the Secretary has 
                selected a designee to establish and administer the 
                verification system, the designee shall notify the 
                Secretary when a single employer has submitted to the 
                verification system pursuant to paragraph (3)(A) the 
                identical social security account number in more than 
                one instance, or when multiple employers have submitted 
                to the verification system pursuant to such paragraph 
                the identical social security account number, in a 
                manner which indicates the possible fraudulent use of 
                that number. The designee shall also provide the 
                Secretary with all pertinent information, including the 
                name and address of the employer or employers who 
                submitted the relevant social security account number, 
                the relevant social security account number submitted 
                by the employer or employers, and the relevant name and 
                date of birth of the employee submitted by the employer 
                or employers.
                    ``(G) Updating information.--The Commissioner of 
                Social Security and the Secretary of Homeland Security 
                shall update their information in a manner that 
                promotes maximum accuracy and shall provide a process 
                for the prompt correction of erroneous information, 
                including instances in which it is brought to their 
                attention in the secondary verification process 
                described in subparagraph (C).
                    ``(H) Limitation on use of the verification system 
                and any related systems.--Notwithstanding any other 
                provision of law, nothing in this subsection shall be 
                construed to permit or allow any department, bureau, or 
                other agency of the United States Government to utilize 
                any information, database, or other records assembled 
                under this subsection for any purpose other than the 
                enforcement and administration of the immigration laws, 
                the Social Security Act, or any provision of Federal 
                criminal law.
                    ``(I) Federal tort claims act.--If an individual 
                alleges that the individual would not have been 
                dismissed from a job but for an error of the 
                verification mechanism, the individual may seek 
                compensation only through the mechanism of the Federal 
                Tort Claims Act, and injunctive relief to correct such 
                error. No class action may be brought under this 
                subparagraph.
                    ``(J) Protection from liability for actions taken 
                on the basis of information.--No person or entity shall 
                be civilly or criminally liable for any action taken in 
                good faith reliance on information provided through the 
                employment eligibility verification mechanism 
                established under this paragraph.''.
    (b) Repeal of Provision Relating to Evaluations and Changes in 
Employment Verification.--Section 274A(d) (8 U.S.C. 1324a(d)) is 
repealed.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of the enactment of this Act.

SEC. 412. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

    (a) In General.--Section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) is amended--
            (1) in subsection (a)(3), by inserting ``(A)'' after 
        ``Defense.--'', and by adding at the end the following:
            ``(B) Failure to seek and obtain verification.--In the case 
        of a person or entity in the United States that hires, or 
        continues to employ, an individual, or recruits or refers an 
        individual for employment, the following requirements apply:
                    ``(i) Failure to seek verification.--
                            ``(I) In general.--If the person or entity 
                        has not made an inquiry, under the mechanism 
                        established under subsection (b)(7), seeking 
                        verification of the identity and work 
                        eligibility of the individual, by not later 
                        than the end of 3 working days (as specified by 
                        the Secretary of Homeland Security) after the 
                        date of the hiring, the date specified in 
                        subsection (b)(8)(B) for previously hired 
                        individuals, or before the recruiting or 
                        referring commences, the defense under 
                        subparagraph (A) shall not be considered to 
                        apply with respect to any employment, except as 
                        provided in subclause (II).
                            ``(II) Special rule for failure of 
                        verification mechanism.--If such a person or 
                        entity in good faith attempts to make an 
                        inquiry in order to qualify for the defense 
                        under subparagraph (A) and the verification 
                        mechanism has registered that not all inquiries 
                        were responded to during the relevant time, the 
                        person or entity can make an inquiry until the 
                        end of the first subsequent working day in 
                        which the verification mechanism registers no 
                        nonresponses and qualify for such defense.
                    ``(ii) Failure to obtain verification.--If the 
                person or entity has made the inquiry described in 
                clause (i)(I) but has not received an appropriate 
                verification of such identity and work eligibility 
                under such mechanism within the time period specified 
                under subsection (b)(7)(B) after the time the 
                verification inquiry was received, the defense under 
                subparagraph (A) shall not be considered to apply with 
                respect to any employment after the end of such time 
                period.'';
            (2) by amending subparagraph (A) of subsection (b)(1) to 
        read as follows:
                    ``(A) In general.--The person or entity must 
                attest, under penalty of perjury and on a form 
                designated or established by the Secretary by 
                regulation, that it has verified that the individual is 
                not an unauthorized alien by--
                            ``(i) obtaining from the individual the 
                        individual's social security account number and 
                        recording the number on the form (if the 
                        individual claims to have been issued such a 
                        number), and, if the individual does not attest 
                        to United States citizenship under paragraph 
                        (2), obtaining such identification or 
                        authorization number established by the 
                        Department of Homeland Security for the alien 
                        as the Secretary of Homeland Security may 
                        specify, and recording such number on the form; 
                        and
                            ``(ii)(I) examining a document described in 
                        subparagraph (B); or
                            ``(II) examining a document described in 
                        subparagraph (C) and a document described in 
                        subparagraph (D).
                A person or entity has complied with the requirement of 
                this paragraph with respect to examination of a 
                document if the document reasonably appears on its face 
                to be genuine, reasonably appears to pertain to the 
                individual whose identity and work eligibility is being 
                verified, and, if the document bears an expiration 
                date, that expiration date has not elapsed. If an 
                individual provides a document (or combination of 
                documents) that reasonably appears on its face to be 
                genuine, reasonably appears to pertain to the 
                individual whose identity and work eligibility is being 
                verified, and is sufficient to meet the first sentence 
                of this paragraph, nothing in this paragraph shall be 
                construed as requiring the person or entity to solicit 
                the production of any other document or as requiring 
                the individual to produce another document.'';
            (3) in subsection (b)(1)(D)--
                    (A) in clause (i), by striking ``or such other 
                personal identification information relating to the 
                individual as the Attorney General finds, by 
                regulation, sufficient for purposes of this section''; 
                and
                    (B) in clause (ii), by inserting before the period 
                ``and that contains a photograph of the individual'';
            (4) in subsection (b)(2), by adding at the end the 
        following: ``The individual must also provide that individual's 
        social security account number (if the individual claims to 
        have been issued such a number), and, if the individual does 
        not attest to United States citizenship under this paragraph, 
        such identification or authorization number established by the 
        Department of Homeland Security for the alien as the Secretary 
        may specify.'';
            (5) by amending paragraph (3) of subsection (b) to read as 
        follows:
            ``(3) Retention of verification form and verification.--
                    ``(A) In general.--After completion of such form in 
                accordance with paragraphs (1) and (2), the person or 
                entity shall--
                            ``(i) retain a paper, microfiche, 
                        microfilm, or electronic version of the form 
                        and make it available for inspection by 
                        officers of the Department of Homeland 
                        Security, the Special Counsel for Immigration-
                        Related Unfair Employment Practices, or the 
                        Department of Labor during a period beginning 
                        on the date of the hiring, recruiting, or 
                        referral of the individual or the date of the 
                        completion of verification of a previously 
                        hired individual and ending--
                                    ``(I) in the case of the recruiting 
                                or referral of an individual, three 
                                years after the date of the recruiting 
                                or referral;
                                    ``(II) in the case of the hiring of 
                                an individual, the later of--
                                            ``(aa) three years after 
                                        the date of such hiring; or
                                            ``(bb) one year after the 
                                        date the individual's 
                                        employment is terminated; and
                                    ``(III) in the case of the 
                                verification of a previously hired 
                                individual, the later of--
                                            ``(aa) three years after 
                                        the date of the completion of 
                                        verification; or
                                            ``(bb) one year after the 
                                        date the individual's 
                                        employment is terminated;
                            ``(ii) make an inquiry, as provided in 
                        paragraph (7), using the verification system to 
                        seek verification of the identity and 
                        employment eligibility of an individual, by not 
                        later than the end of 3 working days (as 
                        specified by the Secretary of Homeland 
                        Security) after the date of the hiring or in 
                        the case of previously hired individuals, the 
                        date specified in subsection (b)(8)(B), or 
                        before the recruiting or referring commences; 
                        and
                            ``(iii) not commence recruitment or 
                        referral of the individual until the person or 
                        entity receives verification under subparagraph 
                        (B)(i) or (B)(iii).
                    ``(B) Verification.--
                            ``(i) Verification received.--If the person 
                        or other entity receives an appropriate 
                        verification of an individual's identity and 
                        work eligibility under the verification system 
                        within the time period specified, the person or 
                        entity shall record on the form an appropriate 
                        code that is provided under the system and that 
                        indicates a final verification of such identity 
                        and work eligibility of the individual.
                            ``(ii) Tentative nonverification 
                        received.--If the person or other entity 
                        receives a tentative nonverification of an 
                        individual's identity or work eligibility under 
                        the verification system within the time period 
                        specified, the person or entity shall so inform 
                        the individual for whom the verification is 
                        sought. If the individual does not contest the 
                        nonverification within the time period 
                        specified, the nonverification shall be 
                        considered final. The person or entity shall 
                        then record on the form an appropriate code 
                        which has been provided under the system to 
                        indicate a tentative nonverification. If the 
                        individual does contest the nonverification, 
                        the individual shall utilize the process for 
                        secondary verification provided under paragraph 
                        (7). The nonverification will remain tentative 
                        until a final verification or nonverification 
                        is provided by the verification system within 
                        the time period specified. In no case shall an 
                        employer terminate employment of an individual 
                        because of a failure of the individual to have 
                        identity and work eligibility confirmed under 
                        this section until a nonverification becomes 
                        final. Nothing in this clause shall apply to a 
                        termination of employment for any reason other 
                        than because of such a failure.
                            ``(iii) Final verification or 
                        nonverification received.--If a final 
                        verification or nonverification is provided by 
                        the verification system regarding an 
                        individual, the person or entity shall record 
                        on the form an appropriate code that is 
                        provided under the system and that indicates a 
                        verification or nonverification of identity and 
                        work eligibility of the individual.
                            ``(iv) Extension of time.--If the person or 
                        other entity in good faith attempts to make an 
                        inquiry during the time period specified and 
                        the verification system has registered that not 
                        all inquiries were received during such time, 
                        the person or entity may make an inquiry in the 
                        first subsequent working day in which the 
                        verification system registers that it has 
                        received all inquiries. If the verification 
                        system cannot receive inquiries at all times 
                        during a day, the person or entity merely has 
                        to assert that the entity attempted to make the 
                        inquiry on that day for the previous sentence 
                        to apply to such an inquiry, and does not have 
                        to provide any additional proof concerning such 
                        inquiry.
                            ``(v) Consequences of nonverification.--
                                    ``(I) Termination or notification 
                                of continued employment.--If the person 
                                or other entity has received a final 
                                nonverification regarding an 
                                individual, the person or entity may 
                                terminate employment of the individual 
                                (or decline to recruit or refer the 
                                individual). If the person or entity 
                                does not terminate employment of the 
                                individual or proceeds to recruit or 
                                refer the individual, the person or 
                                entity shall notify the Secretary of 
                                Homeland Security of such fact through 
                                the verification system or in such 
                                other manner as the Secretary may 
                                specify.
                                    ``(II) Failure to notify.--If the 
                                person or entity fails to provide 
                                notice with respect to an individual as 
                                required under subclause (I), the 
                                failure is deemed to constitute a 
                                violation of subsection (a)(1)(A) with 
                                respect to that individual.
                            ``(vi) Continued employment after final 
                        nonverification.--If the person or other entity 
                        continues to employ (or to recruit or refer) an 
                        individual after receiving final 
                        nonverification, a rebuttable presumption is 
                        created that the person or entity has violated 
                        subsection (a)(1)(A).'';
            (6) by amending paragraph (4) of subsection (b) to read as 
        follows:
            ``(4) Copying and record keeping of documentation 
        required.--
                    ``(A) Lawful employment documents.--Notwithstanding 
                any other provision of law, a person or entity shall 
                retain a copy of each document presented by an 
                individual to the individual or entity pursuant to this 
                subsection. Such copy may only be used (except as 
                otherwise permitted under law) for the purposes of 
                complying with the requirements of this subsection and 
                shall be maintained for a time period to be determined 
                by the Secretary of Homeland Security.
                    ``(B) Social security correspondence.--A person or 
                entity shall maintain records of correspondence from 
                the Commissioner of Social Security regarding name and 
                number mismatches or no-matches and the steps taken to 
                resolve such mismatches or no-matches. The employer 
                shall maintain such records for a time period to be 
                determined by the Secretary.
                    ``(C) Other documents.--The Secretary may, by 
                regulation, require additional documents to be copied 
                and maintained.''; and
            (7) by amending paragraph (5) of subsection (b) to read as 
        follows:
            ``(5) Use of attestation form.--A form designated by the 
        Secretary to be used for compliance with this subsection, and 
        any information contained in or appended to such form, may not 
        be used for purposes other than for enforcement of this chapter 
        or of title 18, United States Code.''.
    (b) Investigation Not a Warrantless Entry.--Section 287(e) of the 
Immigration and Nationality Act (8 U.S.C. 1357(e)) is amended by adding 
at the end the following: ``An investigation authorized pursuant to 
subsections (b)(7) or (e) of section 274A is not a warrantless 
entry.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect 2 years after the date of the enactment of this Act.

SEC. 413. EXPANSION OF EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM TO 
              PREVIOUSLY HIRED INDIVIDUALS AND RECRUITING AND 
              REFERRING.

    (a) Application to Recruiting and Referring.--Section 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324a) is amended--
            (1) in subsection (a)(1)(A), by striking ``for a fee'';
            (2) in subsection (a)(1), by amending subparagraph (B) to 
        read as follows:
                    ``(B) to hire, continue to employ, or to recruit or 
                refer for employment in the United States an individual 
                without complying with the requirements of subsection 
                (b).'';
            (3) in subsection (a)(2) by striking ``after hiring an 
        alien for employment in accordance with paragraph (1),'' and 
        inserting ``after complying with paragraph (1),''; and
            (4) in subsection (a)(3), as amended by section 702, is 
        further amended by striking ``hiring,'' and inserting ``hiring, 
        employing,'' each place it appears.
    (b) Employment Eligibility Verification for Previously Hired 
Individuals.--Section 274A(b) of such Act (8 U.S.C. 1324a(b)), as 
amended by section 411(a), is amended by adding at the end the 
following new paragraph:
            ``(8) Use of employment eligibility verification system for 
        previously hired individuals.--
                    ``(A) On a voluntary basis.--Beginning on the date 
                that is 2 years after the date of the enactment of the 
                Employment Security Act of 2006 and until the date 
                specified in subparagraph (B)(iii), a person or entity 
                may make an inquiry, as provided in paragraph (7), 
                using the verification system to seek verification of 
                the identity and employment eligibility of any 
                individual employed by the person or entity, as long as 
                it is done on a nondiscriminatory basis.
                    ``(B) On a mandatory basis.--
                            ``(i) Initial compliance.--A person or 
                        entity described in clause (ii) shall make an 
                        inquiry as provided in paragraph (7), using the 
                        verification system to seek verification of the 
                        identity and employment eligibility of all 
                        individuals employed by the person or entity 
                        who have not been previously subject to an 
                        inquiry by the person or entity by the date 3 
                        years after the date of the enactment of the 
                        Employment Security Act of 2006.
                            ``(ii) Person or entity covered.--A person 
                        or entity is described in this clause if it is 
                        a Federal, State, or local governmental body 
                        (including the Armed Forces of the United 
                        States), or if it employs individuals working 
                        in a location that is a Federal, State, or 
                        local government building, a military base, a 
                        nuclear energy site, a weapon site, an airport, 
                        or that contains critical infrastructure (as 
                        defined in section 1016(e) of the Critical 
                        Infrastructure Protection Act of 2001 (42 
                        U.S.C. 5195c(e))), but only to the extent of 
                        such individuals.
                            ``(iii) Subsequent compliance.--All persons 
                        and entities other than a person or entity 
                        described in clause (ii) shall make an inquiry, 
                        as provided in paragraph (7), using the 
                        verification system to seek verification of the 
                        identity and employment eligibility of all 
                        individuals employed by the person or entity 
                        that have not been previously subject to an 
                        inquiry by the person or entity by the date 6 
                        years after the date of the enactment of the 
                        Employment Security Act of 2006.''.

SEC. 414. EXTENSION OF PREEMPTION TO REQUIRED CONSTRUCTION OF DAY 
              LABORER SHELTERS.

    Paragraph 274A(h)(2) of the Immigration and Nationality Act (8 
U.S.C. 1324a(h)(2)) is amended--
            (1) by striking ``imposing'', and inserting a dash and 
        ``(A) imposing'';
            (2) by striking the period at the end and inserting ``; 
        and''; and
            (3) by adding at the end the following:
                    ``(B) Requiring as a condition of conducting, 
                continuing, or expanding a business that a business 
                entity--
                            ``(i) provide, build, fund, or maintain a 
                        shelter, structure, or designated area for use 
                        by day laborers at or near its place of 
                        business; or
                            ``(ii) take other steps that facilitate the 
                        employment of day laborers by others.''.

SEC. 415. BASIC PILOT PROGRAM.

    Section 401(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by striking 
``at the end of the 11-year period beginning on the first day the pilot 
program is in effect'' and inserting ``2 years after the date of the 
enactment of the Employment Security Act of 2006''.

SEC. 416. PROTECTION FOR UNITED STATES WORKERS AND INDIVIDUALS 
              REPORTING IMMIGRATION LAW VIOLATIONS.

    Section 274B(a) of the Immigration and Nationality Act (8 U.S.C. 
1324b(a)) is amended by adding at the end the following:
            ``(7) Protection of right to report.--Notwithstanding any 
        other provision of law, the rights protected by this subsection 
        include the right of any individual to report a violation or 
        suspected violation of any immigration law to the Secretary of 
        Homeland Security or a law enforcement agency.''.

SEC. 417. PENALTIES.

    (a) Civil and Criminal Penalties.--Section 274A(e)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is amended to 
read:
            ``(4) Civil and criminal penalties.--
                    ``(A) Knowingly hiring unauthorized aliens.--Any 
                person or entity that violates subsection (a)(1)(A) 
                shall--
                            ``(i) in the case of a first offense, be 
                        fined $10,000 for each unauthorized alien;
                            ``(ii) (in the case of a second offense, be 
                        fined $50,000 for each unauthorized alien; and
                            ``(iii) in the case of a third or 
                        subsequent offense, be fined in accordance with 
                        title 18, United States Code, imprisoned not 
                        less than 1 year and not more than 3 years, or 
                        both.
                    ``(B) Continuing employment of unauthorized 
                aliens.--Any person or entity that violates subsection 
                (a)(2) shall be fined in accordance of title 18, United 
                States Code, imprisoned not less than 1 year and not 
                more than 3 years, or both.''.
    (b) Paperwork or Verification Violations.--Section 274A(e)(5) of 
the Immigration and Nationality Act (8 U.S.C. 1324a) is amended to 
read:
            ``(5) Paperwork or verification violations.--Any person or 
        entity that violates subsection (a)(1)(B) shall--
                    ``(A) in the case of a first offense, be fined 
                $1,000 for each violation;
                    ``(B) in the case of a second violation, be fined 
                $5,000 for each violation; and
                    ``(C) in the case of a third and subsequent 
                violation, be fined $10,000 for each such violation.''.
    (c) Government Contracts.--Section 274A(e) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(e)) is amended by adding at the end the 
following new paragraph:
            ``(10) Government contracts.--
                    ``(A) Employers.--
                            ``(i) In general.--If the Secretary of 
                        Homeland Secretary determines that a person or 
                        entity that employs an alien is a repeat 
                        violator of this section or is convicted of a 
                        crime under this section, such person or entity 
                        shall be debarred from the receipt of a Federal 
                        contract, grant, or cooperative agreement for a 
                        period of 2 years. The Secretary of Homeland 
                        Security or the Attorney General shall advise 
                        the Administrator of General Services of such a 
                        debarment, and the Administrator of General 
                        Services shall list the employer on the List of 
                        Parties Excluded from Federal Procurement and 
                        Nonprocurement Programs for a 2-year period.
                            ``(ii) Waiver.--The Administrator of 
                        General Services, in consultation with the 
                        Secretary of Homeland Security and Attorney 
                        General, may waive the application of this 
                        subparagraph or may limit the duration or scope 
                        of the debarment imposed under it.
                            ``(iii) Prohibition on judicial review.--
                        Any proposed debarment that is predicated on an 
                        administrative determination of liability for 
                        civil penalty by the Secretary of Homeland 
                        Security or the Attorney General may not be 
                        reviewable in any debarment proceeding. The 
                        decision of whether to debar or take 
                        alternation may not be reviewed by any court.
                    ``(B) Contractors and recipients.--
                            ``(i) In general.--If the Secretary of 
                        Homeland Security determines that a person or 
                        entity that employs an alien and holds a 
                        Federal contract, grant, or cooperative 
                        agreement is a repeat violator of this section 
                        or is convicted of a crime under this section, 
                        such person or entity shall be debarred from 
                        the receipt of a Federal contract, grant, or 
                        cooperative agreement for a period of 2 years. 
                        Prior to debarring the employer, the Secretary 
                        of Homeland Security, in cooperation with the 
                        Administrator of General Services, shall advise 
                        the head of each agency holding such a 
                        contract, grant, or cooperative agreement with 
                        person or entity of the Government's intention 
                        to debar the employer from the receipt of new 
                        Federal contracts, grants, or cooperative 
                        agreements for a period of 2 years.
                            ``(ii) Waiver.--After consideration of the 
                        views of the head of each such agency, the 
                        Secretary of Homeland Security may, in lieu of 
                        debarring the employer from the receipt of new 
                        a Federal contract, grant, or cooperative 
                        agreement for a period of 2 years, waive 
                        application of this subparagraph, limit the 
                        duration or scope of the debarment, or may 
                        refer to an appropriate lead agency the 
                        decision of whether to debar the employer, for 
                        what duration, and under what scope in 
                        accordance with the procedures and standards 
                        prescribed by the Federal Acquisition 
                        Regulation.
                            ``(iii) Prohibition on review.--Any 
                        proposed debarment that is predicated on an 
                        administrative determination of liability for 
                        civil penalty by the Secretary of Homeland 
                        Security or the Attorney General may not be 
                        reviewable in any debarment proceeding. The 
                        decision of whether to debar or take 
                        alternation may not be reviewed by any court.
                    ``(C) Cause for suspension.--Indictments for 
                violations of this section or adequate evidence of 
                actions that could form the basis for debarment under 
                this paragraph shall be considered a cause for 
                suspension under the procedures and standards for 
                suspension prescribed by the Federal Acquisition 
                Regulation.
                    ``(D) Applicability.--The provisions of this 
                paragraph shall apply to any Federal contract, grant, 
                or cooperative agreement that is effective on or after 
                the date of the enactment of the Employment Security 
                Act of 2006.''.
    (d) Criminal Penalties for Pattern or Practice Violations.--Section 
274A(f)(1) of the Immigration and Nationality Act (8 U.S.C. 
1324a(f)(1)) is amended to read as follows:
            ``(1) Criminal penalty.--Any person or entity engages in a 
        pattern or practice of violations of subsection (a)(1) or (2) 
        shall be fined not more than $50,000 for each unauthorized 
        alien with respect to which such a violation occurs, imprisoned 
        for not less than 3 years and not more than 5 years, or both, 
        notwithstanding the provisions of any other Federal law 
        relating to fine levels. The amount of the gross proceeds of 
        such violation, and any property traceable to such proceeds, 
        shall be seized and subject to forfeiture under title 18, 
        United States Code.''.
    (e) Authority of the Secretary of Homeland Security.--Subsections 
(b)(2) and (f)(2) of section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) are amended by striking ``Attorney General'' each 
place it appears and inserting ``Secretary of Homeland Security''.

Subtitle C--Work Eligibility Verification Reform in the Social Security 
                             Administration

SEC. 421. VERIFICATION RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL 
              SECURITY.

    The Commissioner of Social Security is authorized to perform 
activities with respect to carrying out the Commissioner's 
responsibilities in this title or the amendments made by this title, 
however in no case shall funds from the Federal Old-Age and Survivors 
Insurance Trust Fund or the Federal Disability Insurance Trust Fund be 
used to carry out such responsibilities.

SEC. 422. NOTIFICATION BY COMMISSIONER OF FAILURE TO CORRECT SOCIAL 
              SECURITY INFORMATION.

    The Commissioner of Social Security shall promptly notify the 
Secretary of Homeland Security of the failure of any individual to 
provide, upon any request of the Commissioner made pursuant to section 
205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), evidence 
necessary, under such section to--
            (1) establish the age, citizenship, immigration or work 
        eligibility status of the individual;
            (2) establish such individual's true identity; or
            (3) determine which (if any) social security account number 
        has previously been assigned to such individual.

SEC. 423. RESTRICTION ON ACCESS AND USE.

    Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) 
is amended by adding at the end the following new subparagraph:
    ``(I)(i) Access to any information contained in the Employment 
Eligibility Verification System established section 274A(b)(7) of the 
Immigration and Nationality Act, shall be prohibited for any purpose 
other than the administration or enforcement of Federal immigration, 
social security, and tax laws, any provision of title 18, United States 
Code, or as otherwise authorized by Federal law.
    ``(ii) No person or entity may use the information in such 
Employment Eligibility Verification System for any purpose other than 
as permitted by Federal law.
    ``(iii) Whoever knowingly uses, discloses, publishes, or permits 
the unauthorized use of information in such Employment Eligibility 
Verification System in violation of clause (i) or (ii) shall be fined 
not more than $10,000 per individual injured by such violation. The 
Commissioner of Social Security shall establish procedure to ensure 
that 60 percent of any fine imposed under this clause is awarded to the 
individual injured by such violation.''.

SEC. 424. SHARING OF INFORMATION WITH THE COMMISSIONER OF INTERNAL 
              REVENUE SERVICE.

    Section 205(c)(2)(H) of the Social Security Act (42 U.S.C. 
405(c)(2)(H)) is amended to read as follows:
    ``(H) The Commissioner of Social Security shall share with the 
Secretary of the Treasury--
            ``(i) the information obtained by the Commissioner pursuant 
        to the second sentence of subparagraph (B)(ii) and to 
        subparagraph (C)(ii) for the purpose of administering those 
        sections of the Internal Revenue Code of 1986 that grant tax 
        benefits based on support or residence of children; and
            ``(ii) information relating to the detection of wages or 
        income from self-employment of unauthorized aliens (as defined 
        by section 274A of the Immigration and Nationality Act (8 
        U.S.C. 1324a)), or the investigation of false statements or 
        fraud by such persons incident to the administration of 
        immigration, social security, or tax laws of the United States.
Information disclosed under this subparagraph shall be solely for the 
use of the officers and employees to whom such information is disclosed 
in such response or investigation.''.

SEC. 425. SHARING OF INFORMATION WITH THE SECRETARY OF HOMELAND 
              SECURITY.

    (a) Amendment to the Social Security Act.--Section 205(c)(2) of the 
Social Security Act (42 U.S.C. 405(c)(2)), as amended by section 423, 
is amended by adding at the end the following new subparagraph:
    ``(J) Upon the issuance of a social security account number under 
subparagraph (B) to any individual or the issuance of a Social Security 
card under subparagraph (G) to any individual, the Commissioner of 
social security shall transmit to the Secretary of Homeland Security 
such information received by the Commissioner in the individual's 
application for such number or such card as the Secretary of Homeland 
Security determines necessary and appropriate for administration of the 
immigration laws of the United States.''.
    (b) Amendments to the Immigration and Nationality Act.--
            (1) Forms and procedures.--Section 264(f) of the 
        Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended 
        to read as follows:
    ``(f) Notwithstanding any other provision of law (including section 
6103 of title 26, United States Code), the Secretary of Homeland 
Security, Secretary of Labor and the Attorney General are authorized to 
require any individual to provide the individual's own social security 
account number for purposes of inclusion in any record of the 
individual maintained by any of any such Secretary or the Attorney 
General, or for inclusion on any application, document, or form 
provided under or required by the immigration laws.''.
            (2) Central file.--Section 290(c) of the Immigration and 
        Nationality Act (8 U.S.C. 1360(c)) is amended by striking 
        paragraph (2) and inserting the following new paragraphs:
    ``(2) Notwithstanding any other provision of law (including section 
6103 of title 26, United States Code) if earnings are reported on or 
after January 1, 1997, to the Commissioner of Social Security on a 
social security account number issued to an alien who is not authorized 
to work in the United States, the Commissioner shall provide the 
Secretary of Homeland Security with information regarding the name, 
date of birth, and address of the alien, the name and address of the 
person reporting the earnings, and the amount of the earnings. The 
information shall be provided in an electronic form agreed upon by the 
Commissioner and the Secretary.
    ``(3) Notwithstanding any other provision of law (including section 
6103 of title 26, United States Code), the Commissioner of Social 
Security shall provide the Secretary of Homeland Security information 
regarding the name, date of birth, and address of an individual, as 
well as the name and address of the person reporting the earnings, in 
any case where a social security account number does not match the name 
in the Social Security Administration record. The information shall be 
provided in an electronic form agreed upon by the Commissioner and the 
Secretary for the sole purpose of enforcing the immigration laws. The 
Secretary, in consultation with the Commissioner, may limit or modify 
these requirements as appropriate to identify those cases posing the 
highest possibility of fraudulent use of social security account 
numbers related to violation of the immigration laws.
    ``(4) Notwithstanding any other provision of law (including section 
6103 of title 26, United States Code), the Commissioner of Social 
Security shall provide the Secretary of Homeland Security information 
regarding the name, date of birth, and address of an individual, as 
well as the name and address of the person reporting the earnings, in 
any case where the individual has more than one person reporting 
earnings for the individual during a single tax year and where a social 
security number was used with multiple names. The information shall be 
provided in an electronic form agreed upon by the Commissioner and the 
Secretary for the sole purpose of enforcing the immigration laws. The 
Secretary, in consultation with the Commissioner, may limit or modify 
these requirements as appropriate to identify those cases posing the 
highest possibility of fraudulent use of social security account 
numbers related to violation of the immigration laws.
    ``(5)(A) The Commissioner of Social Security shall perform, at the 
request of the Secretary of Homeland Security, any search or 
manipulation of records held by the Commissioner, so long as the 
Secretary certifies that the purpose of the search or manipulation is 
to obtain information likely to assist in identifying individuals (and 
their employers) who--
            ``(i) are using false names or social security numbers; who 
        are sharing among multiple individuals a single valid name and 
        social security number;
            ``(ii) are using the social security number of persons who 
        are deceased, too young to work or not authorized to work; or
            ``(iii) are otherwise engaged in a violation of the 
        immigration laws.
    ``(B) The Commissioner shall provide the results of such search or 
manipulation to the Secretary, notwithstanding any other provision of 
law (including section 6103 of title 26, United States Code). The 
Secretary shall transfer to the Commissioner the funds necessary to 
cover the additional cost directly incurred by the Commissioner in 
carrying out the searches or manipulations reported by the 
Secretary.''.

 Subtitle D--Employment Eligibility Verification System Reform in the 
                        Internal Revenue Agency

SEC. 431. SHARING OF INFORMATION WITH THE SECRETARY OF HOMELAND 
              SECURITY AND THE COMMISSIONER OF SOCIAL SECURITY.

    (a) Amendment to the Internal Revenue Code of 1986.--Section 
6103(i) of the Internal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph:
            ``(9) Disclosure of information relating to violations of 
        federal immigration law.--
                    ``(A) Upon receipt by the Secretary of the Treasury 
                of a written request, by the Secretary of Homeland 
                Security or Commissioner of Social Security, the 
                Secretary of the Treasury shall disclose return 
                information to officers and employees of the Department 
                of Homeland Security and the Social Security 
                Administration who are personally and directly engaged 
                in--
                            ``(i) preparation for any judicial or 
                        administrative civil or criminal enforcement 
                        proceeding against an alien under the 
                        Immigration and Nationality Act (8 U.S.C. 1101 
                        et seq.), other than the adjudication of any 
                        application for a change in immigration status 
                        or other benefit by such alien, or
                            ``(ii) preparation for a civil or criminal 
                        enforcement proceeding against a citizen or 
                        national of the United States under section 
                        274, 274A, or 274C of the Immigration and 
                        Nationality Act (8 U.S.C. 1324, 1324a, or 
                        1324c), or
                            ``(iii) any investigation which may result 
                        in the proceedings enumerated in clauses (i) 
                        and (ii) above.
                    ``(B) Limitation on use and retention of tax return 
                information.--
                            ``(i) Information disclosed under this 
                        paragraph shall be solely for the use of the 
                        officers and employees to whom such information 
                        is disclosed in such response or investigation.
                            ``(ii) Should the proceeding for which such 
                        information has been disclosed not commence 
                        within 3 years after the date on which the 
                        information has been disclosed by the 
                        Secretary, the information shall be returned to 
                        the Secretary in its entirety, and shall not be 
                        retained in any form by the requestor, unless 
                        the taxpayer is notified in writing as to the 
                        information that has been retained.''.
    (b) Amendment to the Immigration and Nationality Act.--Section 274A 
of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended by 
adding at the end the following new subsection:
    ``(i) No-Match Notice.--
            ``(1) No-match notice defined.--In this subsection, the 
        term `no-match notice' means a written notice from the 
        Commissioner of Social Security to an employer reporting 
        earnings on a Form W-2 that an employee name or corresponding 
        social security account number fail to match records maintained 
        by the Commissioner.
            ``(2) Provision of information.--
                    ``(A) Requirement to provide.--Notwithstanding any 
                other provision of law (including section 6103 of title 
                26, United States Code), the Commissioner shall provide 
                the Secretary of Homeland Security with information 
                relating to employers who have received no-match 
                notices and, upon request, with such additional 
                information as the Secretary certifies is necessary to 
                administer or enforce the immigration laws.
                    ``(B) Form of information.--The information shall 
                be provided in an electronic form agreed upon by the 
                Commissioner and the Secretary.
                    ``(C) Use of information.--A no-match notice 
                received by the Secretary from the Commissioner may be 
                used as evidence in any civil or criminal proceeding.
            ``(3) Other authorities.--
                    ``(A) Verification requirement.--The Secretary, in 
                consultation with the Commissioner, is authorized to 
                establish by regulation requirements for verifying the 
                identity and work authorization of an employee who is 
                the subject of a no-match notice.
                    ``(B) Penalties.--The Secretary is authorized to 
                establish by regulation penalties for failure to comply 
                with this subsection.
                    ``(C) Limitation on authorities.--This authority in 
                this subsection is provided in aid of the Secretary's 
                authority to administer and enforce the immigration 
                laws, and nothing in this subsection shall be construed 
                to authorize the Secretary to establish any regulation 
                regarding the administration or enforcement of laws 
                otherwise relating to taxation or the Social Security 
                system.''.

SEC. 432. INELIGIBILITY FOR NONRESIDENT ALIEN TAX STATUS AND THE EARNED 
              INCOME TAX CREDIT FOR UNAUTHORIZED WORK.

    Section 7701(b)(1) of the Internal Revenue Code of 1986 is amended 
by adding at the end the following new subparagraph:
                    ``(C)(i) An alien who is present in the United 
                States while working in any capacity in violation of 
                section 274A of the Immigration and Nationality Act (8 
                U.S.C. 1324a) during any portion of a calendar year 
                shall be treated as an unauthorized alien with respect 
                to such calendar year.
                    ``(ii) Such an unauthorized alien shall not be 
                eligible for nonresident alien tax status during such 
                calendar year.
                    ``(iii) The Secretary shall provide the Secretary 
                of Homeland Security and the Commissioner of Social 
                Security with information sufficient to establish the 
                identity and last known address of any unauthorized 
                alien identified by the Secretary.''.

SEC. 433. LAWFUL USE OF INDIVIDUAL TAXPAYER IDENTIFICATION NUMBERS.

    Chapter 75 of the Internal Revenue Code of 1986 is amended by 
inserting after section 7217 the following:

``SEC. 7218. PERMITTED USES OF TAXPAYER IDENTIFICATION NUMBERS.

    ``(a) Resident aliens, described in section 7701(b)(1)(A), may use 
the taxpayer identification number (TIN) assigned to them for any 
lawful purpose. Non-resident aliens may only use the TIN assigned to 
them for the administration of the tax laws, or for other purposes 
required by Federal regulation.
    ``(b) Any person who willfully violates this section shall be 
guilty of a misdemeanor and, upon conviction thereof, shall be punished 
by a fine of not more than $2,000 or imprisonment for not more than 1 
year, or both.''.

SEC. 434. NO DEDUCTION ALLOWED FOR COMPENSATION PAID TO UNAUTHORIZED 
              WORKERS.

    (a) In General.--Section 162(c) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new paragraph:
            ``(4) Wages paid to or on behalf of unauthorized aliens.--
                    ``(A) In general.--No deduction shall be allowed 
                under subsection (a) for any recruiting expense or wage 
                paid to or on behalf of an unauthorized alien, as 
                defined under section 274A(h)(3) of the Immigration and 
                Nationality Act (8 U.S.C. 1324a(h)(3)), unless the 
                alien's eligibility for employment was first verified 
                through the Interim Work Eligibility Verification 
                Program carried out pursuant to subtitle A of title IV 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (division C of Public Law 
                104-208; 8 U.S.C. 1324a note) or the Work Eligibility 
                Verification System, carried out under section 274A of 
                the Immigration and Nationality Act (8 U.S.C. 
                1324a(a)).
                    ``(B) Definitions.--For purposes of this paragraph:
                            ``(i) The term `recruiting expense' means 
                        any payment made to a third party to identify, 
                        recruit, or prepare an individual for 
                        employment.
                            ``(ii) The term `wages' means all 
                        remuneration for employment, including the cash 
                        value of all remuneration (to include benefits) 
                        paid in any medium other than cash.''.
    (b) 7-Year Limitation on Assessment and Collection.--Subsection (c) 
of section 6501 of such Code (relating to exceptions) is amended by 
adding at the end the following new paragraph:
            ``(11) Deduction claimed for recruiting expense or wages of 
        unauthorized aliens.--In the case of a return of tax on which a 
        deduction is shown in violation of section 162(c)(4), any tax 
        under chapter 1 may be assessed, or a proceeding for the 
        collection of such tax may be begun without assessment, at any 
        time during the 7-year period beginning on the date the return 
        was filed.''.
    (c) Availability of Information.--The Commissioner of Social 
Security shall make available to the Commissioner of Internal Revenue 
any information related to the investigation and enforcement of section 
162(c)(4) of the Internal Revenue Code of 1986, including any no-match 
letter and any information in the suspense earnings file.
    (d) Effective Date.--The amendments made by subsections (a) and (b) 
shall apply to taxable years beginning with the first taxable year that 
begins at least 365 days after enactment of this Act.

             Subtitle E--Identification Document Integrity

SEC. 441. CONSULAR IDENTIFICATION DOCUMENTS.

    (a) Acceptance of Foreign Identification Documents.--
            (1) In general.--Subject to paragraph (3), for purposes of 
        personal identification, no agency, commission, entity, or 
        agent of the executive or legislative branches of the Federal 
        Government may accept, acknowledge, recognize, or rely on any 
        identification document issued by the government of a foreign 
        country, unless otherwise mandated by Federal law.
            (2) Agent defined.--In this section, the term ``agent'' 
        shall include the following:
                    (A) A Federal contractor or grantee.
                    (B) An institution or entity exempted from Federal 
                income taxation under the Internal Revenue Code of 
                1986.
                    (C) A financial institution required to ask for 
                identification under section 5318(l) of title 31, 
                United States Code.
            (3) Exceptions.--
                    (A) In general.--An individual who is not a citizen 
                or national of the United States may present for 
                purposes of personal identification an official 
                identification document issued by the government of a 
                foreign country or other foreign identification 
                document recognized pursuant to a treaty entered into 
                by the United States, if--
                            (i) such individual simultaneously presents 
                        valid verifiable documentation of lawful 
                        presence in the United States issued by the 
                        appropriate agency of the Federal Government;
                            (ii) reporting a violation of law or 
                        seeking government assistance in an emergency;
                            (iii) the document presented is a passport 
                        issued to a citizen or national of a country 
                        that participates in the visa waiver program 
                        established under section 217 of the 
                        Immigration and Nationality Act (8 U.S.C. 1187) 
                        by the government of such country; or
                            (iv) such use is expressly permitted 
                        another provision of Federal law.
                    (B) Nonapplication.--The provisions of paragraph 
                (1) shall not apply to--
                            (i) inspections of alien applicants for 
                        admission to the United States; or
                            (ii) verification of personal 
                        identification of persons outside the United 
                        States.
            (4) Listing of acceptable documents.--The Secretary of 
        Homeland Security shall issue and maintain an updated public 
        listing, compiled in consultation with the Secretary of State, 
        and including sample facsimiles, of all acceptable Federal 
        documents that satisfy the requirements of paragraph (3)(A).
    (b) Establishment of Personal Identity.--Section 274C(a) of the 
Immigration and Nationality Act (8 U.S.C. 1324c(a)) is amended--
            (1) in paragraph (5), by striking ``or'' at the end;
            (2) in paragraph (6), by striking the period at the end and 
        inserting a comma and ``or''; and
            (3) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) to use to establish personal identity, before any 
        agent of the Federal Government, or before any agency of the 
        Federal Government or of a State or any political subdivision 
        therein, a travel or identification document issued by a 
        foreign government that is not accepted by the Secretary of 
        Homeland Security to establish personal identity for purposes 
        of admission to the United States at a port of entry, except--
                    ``(A) in the case of a person who is not a citizen 
                of the United States--
                            ``(i) the person simultaneously presents 
                        valid verifiable documentation of lawful 
                        presence in the United States issued by an 
                        agency of the Federal Government;
                            ``(ii) the person is reporting a violation 
                        of law or seeking government assistance in an 
                        emergency; or
                            ``(iii) such use is expressly permitted by 
                        Federal law.''.

SEC. 442. MACHINE-READABLE TAMPER-RESISTANT IMMIGRATION DOCUMENTS.

    (a) In General.--Section 303 of the Enhanced Border Security and 
Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is amended--
            (1) in the heading, by striking ``entry and exit 
        documents'' and inserting ``travel, entry, and evidence of 
        status documents'';
            (2) in subsection (b)(1)--
                    (A) by striking ``Not later than October 26, 2004, 
                the Attorney General'' and inserting ``The Secretary of 
                Homeland Security''; and
                    (B) by striking ``visas and'' each place it appears 
                and inserting ``visas, evidence of status, and'';
            (3) by striking subsection (d) and inserting the following:
    ``(d) Other Documents.--Not later than October 26, 2007, every 
document, other than an interim document, issued by the Secretary of 
Homeland Security, which may be used as evidence of immigrant, 
nonimmigrant, parole, asylee, or refugee status, shall be machine-
readable, tamper-resistant, and incorporate a biometric identifier to 
allow the Secretary of Homeland Security to electronically verify the 
identity and status of the alien.
    ``(e) Funding.--
            ``(1) Authorization of appropriation.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        this section, including reimbursements to international and 
        domestic standards organizations.
            ``(2) Fee.--During any fiscal year for which appropriations 
        sufficient to issue documents described in subsection (d) are 
        not made pursuant to law, the Secretary of Homeland Security is 
        authorized to implement and collect a fee sufficient to cover 
        the direct cost of issuance of such document from the alien to 
        whom the document will be issued.
            ``(3) Exception.--The fee described in paragraph (2) may 
        not be levied against nationals of a foreign country if the 
        Secretary of Homeland has determined that the total estimated 
        population of such country who are unlawfully present in the 
        United States does not exceed 3,000 aliens.''.
    (b) Technical Amendment.--The table of contents in section 1(b) of 
the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public 
Law 107-173; 116 Stat. 543) is amended by striking the item relating to 
section 303 and inserting the following:

        ``Sec. 303. Machine-readable, tamper-resistant travel, entry, 
                            and evidence of status documents.''.

 Subtitle F--Limitations on Illegal Alien Collection of Social Security

SEC. 451. EXCLUSION OF UNAUTHORIZED EMPLOYMENT FROM EMPLOYMENT UPON 
              WHICH CREDITABLE WAGES MAY BE BASED.

    Section 210(a)(19) of the Social Security Act (42 U.S.C. 
410(a)(19)) is amended by inserting: ``(except that any such service 
shall not include work performed by an alien while employed in the 
United States for any period during which the alien is not authorized 
to be employed)'' after ``may be''.

SEC. 452. EXCLUSION OF UNAUTHORIZED FUNCTIONS AND SERVICES FROM TRADE 
              OR BUSINESS FROM WHICH CREDITABLE SELF-EMPLOYMENT INCOME 
              MAY BE DERIVED.

    Section 211(c) of the Social Security Act (42 U.S.C. 411(c)) is 
amended by inserting after paragraph (6) the following new paragraph:
            ``(7) The performance of a function or service in the 
        United States by an alien during any period for which the alien 
        is not authorized to perform such function or service in the 
        United States.''.

SEC. 453. EFFECTIVE DATE.

    The amendments made by this subtitle shall apply with respect to 
wages earned, and self-employment income derived on or after the date 
of the enactment of this Act. Notwithstanding section 215(f)(1) of the 
Social Security Act (42 U.S.C. 415(f)(1)), as soon as practicable after 
the date of the enactment of this Act, the Commissioner of Social 
Security shall recompute all primary insurance amounts to the extent 
necessary to carry out such amendments. Such amendments shall affect 
benefits payable only for months after the date of the enactment of 
this Act.

      Subtitle G--Effective Date; Authorization of Appropriations

SEC. 461. EFFECTIVE DATE.

    Except as otherwise specially provided in this Act, the provisions 
of this title shall take effect not later than 45 days after the date 
of the enactment of this Act.

SEC. 462. 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.

                   TITLE V--PENALTIES AND ENFORCEMENT

                Subtitle A--Criminal and Civil Penalties

SEC. 501. ALIEN SMUGGLING AND RELATED OFFENSES.

    (a) In General.--Section 274 of the Immigration and Nationality Act 
(8 U.S.C. 1324) is amended to read as follows:

``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

    ``(a) Criminal Offenses and Penalties.--
            ``(1) Prohibited activities.--Whoever--
                    ``(A) assists, encourages, directs, or induces a 
                person to come to or enter the United States, or to 
                attempt to come to or enter the United States, knowing 
                or in reckless disregard of the fact that such person 
                is an alien who lacks lawful authority to come to or 
                enter the United States;
                    ``(B) assists, encourages, directs, or induces a 
                person to come to or enter the United States at a place 
                other than a designated port of entry or place other 
                than as designated by the Secretary of Homeland 
                Security, regardless of whether such person has 
                official permission or lawful authority to be in the 
                United States, knowing or in reckless disregard of the 
                fact that such person is an alien;
                    ``(C) assists, encourages, directs, or induces a 
                person to reside in or remain in the United States, or 
                to attempt to reside in or remain in the United States, 
                knowing or in reckless disregard of the fact that such 
                person is an alien who lacks lawful authority to reside 
                in or remain in the United States;
                    ``(D) transports or moves a person in the United 
                States, knowing or in reckless disregard of the fact 
                that such person is an alien who lacks lawful authority 
                to enter or be in the United States, where the 
                transportation or movement will aid or further in any 
                manner the person's illegal entry into or illegal 
                presence in the United States;
                    ``(E) harbors, conceals, or shields from detection 
                a person in the United States knowing or in reckless 
                disregard of the fact that such person is an alien who 
                lacks lawful authority to be in the United States;
                    ``(F) transports, moves, harbors, conceals, or 
                shields from detection a person outside of the United 
                States knowing or in reckless disregard of the fact 
                that such person is an alien in unlawful transit from 
                one country to another or on the high seas, under 
                circumstances in which the person is in fact seeking to 
                enter the United States without official permission or 
                lawful authority; or
                    ``(G) conspires or attempts to commit any of the 
                preceding acts,
        shall be punished as provided in paragraph (2), regardless of 
        any official action which may later be taken with respect to 
        such alien.
            ``(2) Criminal penalties.--A person who violates the 
        provisions of paragraph (1) shall--
                    ``(A) except as provided in subparagraphs (D) 
                through (H), in the case where the offense was not 
                committed for commercial advantage, profit, or private 
                financial gain, be imprisoned for not more than 5 
                years, or fined under title 18, United States Code, or 
                both;
                    ``(B) except as provided in subparagraphs (C) 
                through (H), where the offense was committed for 
                commercial advantage, profit, or private financial 
                gain--
                            ``(i) in the case of a first violation of 
                        this subparagraph, be imprisoned for not more 
                        than 20 years, or fined under title 18, United 
                        States Code, or both; and
                            ``(ii) for any subsequent violation, be 
                        imprisoned for not less than 3 years nor more 
                        than 20 years, or fined under title 18, United 
                        States Code, or both;
                    ``(C) in the case where the offense was committed 
                for commercial advantage, profit, or private financial 
                gain and involved 2 or more aliens other than the 
                offender, be imprisoned for not less than 3 nor more 
                than 20 years, or fined under title 18, United States 
                Code, or both;
                    ``(D) in the case where the offense furthers or 
                aids the commission of any other offense against the 
                United States or any State, which offense is punishable 
                by imprisonment for more than 1 year, be imprisoned for 
                not less than 5 nor more than 20 years, or fined under 
                title 18, United States Code, or both;
                    ``(E) in the case where any participant in the 
                offense created a substantial risk of death or serious 
                bodily injury to another person, including--
                            ``(i) transporting a person in an engine 
                        compartment, storage compartment, or other 
                        confined space;
                            ``(ii) transporting a person at an 
                        excessive speed or in excess of the rated 
                        capacity of the means of transportation; or
                            ``(iii) transporting or harboring a person 
                        in a crowded, dangerous, or inhumane manner,
                be imprisoned not less than 5 nor more than 20 years, 
                or fined under title 18, United States Code, or both;
                    ``(F) in the case where the offense caused serious 
                bodily injury (as defined in section 1365 of title 18, 
                United States Code, including any conduct that would 
                violate sections 2241 or 2242 of title 18, United 
                States Code, if the conduct occurred in the special 
                maritime and territorial jurisdiction of the United 
                States) to any person, be imprisoned for not less than 
                7 nor more than 30 years, or fined under title 18, 
                United States Code, or both;
                    ``(G) in the case where the offense involved an 
                alien who the offender knew or had reason to believe 
                was an alien--
                            ``(i) engaged in terrorist activity (as 
                        defined in section 212(a)(3)(B)); or
                            ``(ii) intending to engage in such 
                        terrorist activity,
                be imprisoned for not less than 10 nor more than 30 
                years, or fined under title 18, United States Code, or 
                both; and
                    ``(H) in the case where the offense caused or 
                resulted in the death of any person, be punished by 
                death or imprisoned for not less than 10 years, or any 
                term of years, or for life, or fined under title 18, 
                United States Code, or both.
            ``(3) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
    ``(b) Employment of Unauthorized Aliens.--
            ``(1) In general.--Any person who, during any 12-month 
        period, knowingly hires for employment at least 10 individuals 
        with actual knowledge that the individuals are aliens described 
        in paragraph (2), shall be fined under title 18, United States 
        Code, imprisoned for not more than 5 years, or both.
            ``(2) Alien described.--A alien described in this paragraph 
        is an alien who--
                    ``(A) is an unauthorized alien (as defined in 
                section 274A(h)(3)); and
                    ``(B) has been brought into the United States in 
                violation of subsection (a).
    ``(c) Seizure and Forfeiture.--
            ``(1) In general.--Any property, real or personal, that has 
        been used to commit or facilitate the commission of a violation 
        of this section, the gross proceeds of such violation, and any 
        property traceable to such property or proceeds, shall be 
        subject to forfeiture.
            ``(2) Applicable procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 of title 18, United States Code, relating to civil 
        forfeitures, including section 981(d) of such title, except 
        that such duties as are imposed upon the Secretary of the 
        Treasury under the customs laws described in that section shall 
        be performed by such officers, agents, and other persons as may 
        be designated for that purpose by the Secretary of Homeland 
        Security.
    ``(d) Authority to Arrest.--No officer or person shall have 
authority to make any arrests for a violation of any provision of this 
section except officers and employees designated by the Secretary of 
Homeland Security, either individually or as a member of a class, and 
all other officers whose duty it is to enforce criminal laws.
    ``(e) Admissibility of Evidence.--
            ``(1) Prima facie evidence in determinations of 
        violations.--Notwithstanding any provision of the Federal Rules 
        of Evidence, in determining whether a violation of subsection 
        (a) has occurred, any of the following shall be prima facie 
        evidence that an alien involved in the violation lacks lawful 
        authority to come to, enter, reside, remain, or be in the 
        United States or that such alien had come to, entered, resided, 
        remained or been present in the United States in violation of 
        law:
                    ``(A) Any order, finding, or determination 
                concerning the alien's status or lack thereof made by a 
                federal judge or administrative adjudicator (including 
                an immigration judge or an immigration officer) during 
                any judicial or administrative proceeding authorized 
                under the immigration laws or regulations prescribed 
                thereunder.
                    ``(B) An official record of the Department of 
                Homeland Security, Department of Justice, or the 
                Department of State concerning the alien's status or 
                lack thereof.
                    ``(C) Testimony by an immigration officer having 
                personal knowledge of the facts concerning the alien's 
                status or lack thereof.
            ``(2) Videotaped testimony.--Notwithstanding any provision 
        of the Federal Rules of Evidence, the videotaped (or otherwise 
        audiovisually preserved) deposition of a witness to a violation 
        of subsection (a) who has been deported or otherwise expelled 
        from the United States, or is otherwise unavailable to testify, 
        may be admitted into evidence in an action brought for that 
        violation if the witness was available for cross examination at 
        the deposition and the deposition otherwise complies with the 
        Federal Rules of Evidence.
    ``(f) Definitions.--For purposes of this section:
            ``(1) The term `lawful authority' means permission, 
        authorization, or license that is expressly provided for in the 
        immigration laws of the United States or the regulations 
        prescribed thereunder. Such term does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law, nor does it include authority that has been sought but 
        not approved. No alien shall be deemed to have lawful authority 
        to come to, enter, reside, remain, or be in the United States 
        if such coming to, entry, residence, remaining, or presence 
        was, is, or would be in violation of law.
            ``(2) The term `unlawful transit' means travel, movement, 
        or temporary presence that violates the laws of any country in 
        which the alien is present, or any country from which or to 
        which the alien is traveling or moving.''.
    (b) Clerical Amendment.--The item relating to section 274 in the 
table of contents of such Act is amended to read as follows:

``Sec. 274. Alien smuggling and related offenses.''.

SEC. 502. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, REPORTING, 
              ENTRY, OR CLEARANCE REQUIREMENTS.

    (a) Prohibition.--
            (1) In general.--Chapter 27 of title 18, United States 
        Code, is amended by adding at the end a new section as follows:
``Sec. 554. Evasion of inspection or during violation of arrival, 
              reporting, entry, or clearance requirements
    ``(a) Prohibition.--A person shall be punished as described in 
subsection (b) if such person--
            ``(1) attempts to elude or eludes customs, immigration, or 
        agriculture inspection or fails to stop at the command of an 
        officer or employee of the United States charged with enforcing 
        the immigration, customs, or other laws of the United States at 
        a port of entry or customs or immigration checkpoint; or
            ``(2) intentionally violates an arrival, reporting, entry, 
        or clearance requirement of--
                    ``(A) section 107 of the Federal Plant Pest Act (7 
                U.S.C. 105ff);
                    ``(B) section 10 of the Act of August 20, 1912 (7 
                U.S.C. 164(a));
                    ``(C) section 7 of the Federal Noxious Weed Act of 
                1974 (7 U.S.C. 2806);
                    ``(D) the Agriculture and Food Act of 1981 (Public 
                Law 97-98; 95 Stat. 1213);
                    ``(E) section 431, 433, 434, or 459 of the Tariff 
                Act of 1930 (19 U.S.C. 1431, 1433, 1434, and 1459);
                    ``(F) section 10 of the Act of August 20, 1890 (21 
                U.S.C. 105);
                    ``(G) section 2 of the Act of February 2, 1903 (21 
                U.S.C. 111);
                    ``(H) section 4197 of the Revised Statutes (46 
                U.S.C. App. 91); or
                    ``(I) the Immigration and Nationality Act (8 U.S.C. 
                1101 et seq.).
    ``(b) Penalties.--A person who commits an offense described in 
subsection (a) shall be--
            ``(1) fined under this title;
            ``(2)(A) imprisoned for not more than 5 years, or both;
            ``(B) imprisoned for not more than 10 years, or both, if in 
        commission of this violation, attempts to inflict or inflicts 
        bodily injury (as defined in section 1365(g) of this title); or
            ``(C) imprisoned for any term of years or for life, or 
        both, if death results, and may be sentenced to death; or
            ``(3) both fined and imprisoned under this subsection.
    ``(c) Conspiracy.--If 2 or more persons conspire to commit an 
offense described in subsection (a), and 1 or more of such persons do 
any act to effect the object of the conspiracy, each shall be 
punishable as a principal, except that the sentence of death may not be 
imposed.
    ``(d) Prima Facie Evidence.--For the purposes of seizure and 
forfeiture under applicable law, in the case of use of a vehicle or 
other conveyance in the commission of this offense, or in the case of 
disregarding or disobeying the lawful authority or command of any 
officer or employee of the United States under section 111(b) of this 
title, such conduct shall constitute prima facie evidence of smuggling 
aliens or merchandise.''.
            (2) Conforming amendment.--The table of sections for 
        chapter 27 of title 18, United States Code, is amended by 
        inserting at the end:

``554. Evasion of inspection or during violation of arrival, reporting, 
                            entry, or clearance requirements.''.
    (b) Failure To Obey Border Enforcement Officers.--Section 111 of 
title 18, United States Code, is amended by inserting after subsection 
(b) the following:
    ``(c) Failure To Obey Lawful Orders of Border Enforcement 
Officers.--Whoever willfully disregards or disobeys the lawful 
authority or commend of any officer or employee of the United States 
charged with enforcing the immigration, customs, or other laws of the 
United States while engaged in, or on account of, the performance of 
official duties shall be fined under this title or imprisoned for not 
more than 5 years, or both.''.

SEC. 503. IMPROPER ENTRY BY, OR PRESENCE OF, ALIENS.

    (a) In General.--Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325) is amended--
            (1) in the section heading, by inserting ``unlawful 
        presence;'' after ``improper time or place;'';
            (2) in subsection (a)--
                    (A) by striking ``Any alien'' and inserting 
                ``Except as provided in subsection (b), any alien'';
                    (B) by striking ``or'' before (3);
                    (C) by inserting after ``concealment of a material 
                fact,'' the following: ``or (4) is otherwise present in 
                the United States in violation of the immigration laws 
                or the regulations prescribed thereunder,''; and
                    (D) by striking ``6 months'' and inserting ``one 
                year'';
            (3) by amending subsection (c) to read as follows:
    ``(c)(1) Whoever--
            ``(A) knowingly enters into a marriage for the purpose of 
        evading any provision of the immigration laws; or
            ``(B) knowingly misrepresents the existence or 
        circumstances of a marriage--
                    ``(i) in an application or document arising under 
                or authorized by the immigration laws of the United 
                States or the regulations prescribed thereunder, or
                    ``(ii) during any immigration proceeding conducted 
                by an administrative adjudicator (including an 
                immigration officer or examiner, a consular officer, an 
                immigration judge, or a member of the Board of 
                Immigration Appeals);
        shall be fined under title 18, United States Code, or 
        imprisoned not more than 10 years, or both.
    ``(2) Whoever--
            ``(A) knowingly enters into two or more marriages for the 
        purpose of evading any provision of the immigration laws; or
            ``(B) knowingly arranges, supports, or facilitates two or 
        more marriages designed or intended to evade any provision of 
        the immigration laws;
shall be fined under title 18, United States Code, imprisoned not less 
than 2 years nor more than 20 years, or both.
    ``(3) An offense under this subsection continues until the 
fraudulent nature of the marriage or marriages is discovered by an 
immigration officer.
    ``(4) For purposes of this section, the term `proceeding' includes 
an adjudication, interview, hearing, or review.''
            (4) in subsection (d)--
                    (A) by striking ``5 years'' and inserting ``10 
                years'';
                    (B) by adding at the end the following: ``An 
                offense under this subsection continues until the 
                fraudulent nature of the commercial enterprise is 
                discovered by an immigration officer.''; and
            (5) by adding at the end the following new subsections:
    ``(e)(1) Any alien described in paragraph (2)--
            ``(A) shall be fined under title 18, United States Code, 
        imprisoned not more than 10 years, or both, if the offense 
        described in such paragraph was committed subsequent to a 
        conviction or convictions for commission of three or more 
        misdemeanors involving drugs, crimes against the person, or 
        both, or a felony;
                    ``(B) whose violation was subsequent to conviction 
                for a felony for which the alien received a sentence of 
                30 months or more, shall be fined under title 18, 
                United States Code, imprisoned not more than 10 years, 
                or both; or
                    ``(C) whose violation was subsequent to conviction 
                for a felony for which the alien received a sentence of 
                60 months or more, shall be fined under title 18, 
                United States Code, imprisoned not more than 20 years, 
                or both.
    ``(2) An alien described in this paragraph is an alien who--
            ``(A) enters or attempts to enter the United States at any 
        time or place other than as designated by immigration officers;
            ``(B) eludes examination or inspection by immigration 
        officers;
            ``(C) 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; or
            ``(D) is otherwise present in the United States in 
        violation of the immigration laws or the regulations prescribed 
        thereunder.
    ``(3) The prior convictions in subparagraph (A), (B), or (C) of 
paragraph (1) are elements of those crimes and the penalties in those 
subparagraphs shall apply only in cases in which the conviction (or 
convictions) that form the basis for the additional penalty are alleged 
in the indictment or information and are proven beyond a reasonable 
doubt at trial or admitted by the defendant in pleading guilty. Any 
admissible evidence may be used to show that the prior conviction is a 
qualifying crime, and the criminal trial for a violation of this 
section shall not be bifurcated.
    ``(4) An offense under subsection (a) or paragraph (1) of this 
subsection continues until the alien is discovered within the United 
States by immigration officers.
    ``(f) For purposes of this section, the term `attempts to enter' 
refers to the general intent of the alien to enter the United States 
and does not refer to the intent of the alien to violate the law.''.
    (b) Rule of Construction.--Nothing in the amendment made by 
subsection (a) may 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 or the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 504. FEES AND EMPLOYER COMPLIANCE FUND.

    (a) Equal Access to Justice Fees.--Section 286 of the Immigration 
and Nationality Act (8 U.S.C. 1356) is amended by adding at the end the 
following new subsection:
    ``(w) Fees and Costs.--The provisions of section 2412, title 28, 
United States Code, shall not apply to civil actions arising under or 
related to the immigration laws, including any action under--
            ``(1) any provision of title 5, United States Code;
            ``(2) any application for a writ of habeas corpus under 
        section 2241 of title 28, United States Code, or any other 
        habeas corpus provision; or
            ``(3) any action under section 1361 or 1651 of title 28, 
        United States Code, that involves or is related to the 
        enforcement or administration of the immigration laws with 
        respect to any person or entity.''.
    (b) Employer Compliance Fund.--
            (1) Establishment.--Section 286 of the Immigration and 
        Nationality Act (8 U.S.C. 1356), as amended by subsection (a), 
        is further amended by adding at the end the following new 
        subsection:
    ``(x) Employer Compliance Fund.--
            ``(1) In general.--There is established in the general fund 
        of the Treasury, a separate account which shall be known as the 
        `Employer Compliance Fund' (referred to in this subsection as 
        the `Fund')
            ``(2) Deposits.--There shall be deposited as offsetting 
        receipts into the Fund all monetary penalties collected by the 
        Secretary of Homeland Security under section 274A.
            ``(3) Use of funds.--Amounts deposited into the Fund shall 
        be used by the Secretary of Homeland Security for the purposes 
        of enhancing employer compliance with section 274A, compliance 
        training, and outreach.
            ``(4) Availability of funds.--Amounts deposited into the 
        Fund shall remain available until expended and shall be 
        refunded out of the Fund by the Secretary of the Treasury, at 
        least on a quarterly basis, to the Secretary of Homeland 
        Security.''.
            (2) Conforming amendment.--Section 274A of the Immigration 
        and Nationality Act (8 U.S.C. 1324a), as amended by section 
        431(b), is further amended by adding at the end the following 
        new subsection:
    ``(j) Deposits of Amounts Received.--Amounts collected under this 
section shall be deposited by the Secretary of Homeland Security into 
the Employer Compliance Fund established under section 286(x).''.

SEC. 505. REENTRY OF REMOVED ALIEN.

    (a) In General.--Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by striking all that follows 
                ``United States'' the first place it appears and 
                inserting a comma;
                    (B) in the matter following paragraph (2), by 
                striking ``imprisoned not more than 2 years,'' and 
                inserting ``imprisoned for a term of not less than 1 
                year and not more than 2 years,''; and
                    (C) by adding at the end the following: ``It shall 
                be an affirmative defense to an offense under this 
                subsection that (A) prior to an alien's reembarkation 
                at a place outside the United States or an alien's 
                application for admission from foreign contiguous 
                territory, the Secretary of Homeland Security has 
                expressly consented to the alien's reapplying for 
                admission; or (B) with respect to an alien previously 
                denied admission and removed, such alien was not 
                required to obtain such advance consent under this Act 
                or any prior Act.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``imprisoned not 
                more than 10 years,'' and insert ``imprisoned for a 
                term of not less than 5 years and not more than 10 
                years,'';
                    (B) in paragraph (2), by striking ``imprisoned not 
                more than 20 years,'' and insert ``imprisoned for a 
                term of not less than 10 years and not more than 20 
                years,'';
                    (C) in paragraph (3), by striking ``. or'' and 
                inserting ``; or'';
                    (D) in paragraph (4), by striking ``imprisoned for 
                not more than 10 years,'' and insert ``imprisoned for a 
                term of not less than 5 years and not more than 10 
                years,''; and
                    (E) by adding at the end the following: ``The prior 
                convictions in paragraphs (1) and (2) are elements of 
                enhanced crimes and the penalties under such paragraphs 
                shall apply only where the conviction (or convictions) 
                that form the basis for the additional penalty are 
                alleged in the indictment or information and are proven 
                beyond a reasonable doubt at trial or admitted by the 
                defendant in pleading guilty. Any admissible evidence 
                may be used to show that the prior conviction is a 
                qualifying crime and the criminal trial for a violation 
                of either such paragraph shall not be bifurcated.'';
            (3) in subsections (b)(3), (b)(4), and (c), by striking 
        ``Attorney General'' and inserting ``Secretary of Homeland 
        Security'' each place it appears;
            (4) in subsection (c)--
                    (A) 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 (division C of Public Law 
                104-208; 110 Stat. 3009-597)), or removed under section 
                241(a)(4),'' after ``242(h)(2)'';
                    (B) by striking ``(unless the Attorney General has 
                expressly consented to such alien's reentry)'';
                    (C) by inserting ``or removal'' after ``time of 
                deportation''; and
                    (D) by inserting ``or removed'' after ``reentry of 
                deported'';
            (5) in subsection (d)--
                    (A) in the matter before paragraph (1), by striking 
                ``deportation order'' and inserting ``deportation or 
                removal order''; and
                    (B) in paragraph (2), by inserting ``or removal'' 
                after ``deportation''; and
            (6) by adding at the end the following new subsection:
    ``(e) For purposes of this section, the term `attempts to enter' 
refers to the general intent of the alien to enter the United States 
and does not refer to the intent of the alien to violate the law.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the 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. 506. 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 ``5 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.
``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 crime (as such terms are 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:

``52. Illegal aliens........................................    1131''.

SEC. 507. 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 (1 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:

``SEC. 219A. DESIGNATION OF CRIMINAL STREET GANGS.

    ``(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, 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 General shall publish the 
                        designation in the Federal Register 7 days 
                        after providing the notification under clause 
                        (i).
                    ``(B) Effect of designation.--A designation under 
                this subsection shall take effect upon publication 
                under subparagraph (A)(ii).
            ``(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 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.
            ``(6) Effect of revocation.--The revocation of a 
        designation under paragraph (5) shall not affect any action or 
        proceeding based on conduct committed prior to the effective 
        date of such revocation.
            ``(7) 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. 508. 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 2007, and annually 
thereafter, 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. 509. INELIGIBILITY FOR ASYLUM AND PROTECTION FROM REMOVAL.

    (a) Inapplicability of Restriction on Removal to Certain 
Countries.--Section 241(b)(3)(B) of the Immigration and Nationality Act 
(8 U.S.C. 1231(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. 
1254a(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. 510. 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 (or an officer or employee thereof or a person 
        acting as an agent thereof) in possession of any individual's 
        social security account number, 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 the 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 to Congress an annual 
report on efforts taken to identify and enforce penalties against 
employers that file incorrect information returns.

SEC. 511. TECHNICAL AND CLARIFYING AMENDMENTS.

    (a) Terrorist Activities.--Section 212 (a)(3)(B)(ii) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is 
amended--
            (1) by striking ``Subclause (VII) of clause (i)'' and 
        inserting ``Subclause (IX) of clause (i)''; and
            (2) in subclause (II), by striking ``consular officer or 
        Attorney General'' and inserting ``consular officer, Attorney 
        General, or Secretary of Homeland Security''.
    (b) Clarification of Ineligibility for Misrepresentation.--Section 
212(a)(6)(C)(ii)(I) (8 U.S.C. 1182(a)(6)(C)(ii)(I)), is amended by 
striking ``citizen'' and inserting ``national''.

             Subtitle B--Detention, Removal, and Departure

SEC. 521. VOLUNTARY DEPARTURE REFORM.

    (a) Encouraging Aliens To Depart Voluntarily.--
            (1) Authority.--Subsection (a) of section 240B of the 
        Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In lieu of removal 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, if 
        the alien is not described in section 237(a)(2)(A)(iii) or 
        section 237(a)(4).'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Prior to the conclusion of removal proceedings.--
        After removal proceedings under section 240 are initiated, the 
        Attorney General may permit an alien voluntarily to depart the 
        United States at the alien's own expense under this subsection, 
        prior to the conclusion of such proceedings before an 
        immigration judge, if the alien is not described in section 
        237(a)(2)(A)(iii) or section 237(a)(4).''; and
                    (E) in paragraph (4), by striking ``paragraph (1)'' 
                and inserting ``paragraphs (1) and (2)''.
            (2) Voluntary departure period.--Such section is further 
        amended--
                    (A) in subsection (a)(3), as redesignated by 
                paragraph (1)(C)--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) In lieu of removal.--Subject to subparagraph 
                (C), permission to depart voluntarily under paragraph 
                (1) shall not be valid for a period exceeding 90 days. 
                The Secretary of Homeland Security may require an alien 
                permitted to depart voluntarily under paragraph (1) to 
                post a voluntary departure bond, to be surrendered upon 
                proof that the alien has departed the United States 
                within the time specified.'';
                            (ii) in subparagraph (B), by striking 
                        ``subparagraphs (C) and (D)(ii)'' and inserting 
                        ``subparagraphs (D) and (E)(ii)'';
                            (iii) in subparagraphs (C) and (D), by 
                        striking ``subparagraph (B)'' and inserting 
                        ``subparagraph (C)'' each place it appears;
                            (iv) by redesignating subparagraphs (B), 
                        (C), and (D) as subparagraphs (C), (D), and 
                        (E), respectively; and
                            (v) by inserting after subparagraph (A) the 
                        following new subparagraph:
                    ``(B) Prior to the conclusion of removal 
                proceedings.--Permission to depart voluntarily under 
                paragraph (2) shall not be valid for a period exceeding 
                60 days, and may be granted only after a finding that 
                the alien has established that the alien has the means 
                to depart the United States and intends to do so. An 
                alien permitted to depart voluntarily under paragraph 
                (2) must 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. An immigration 
                judge may waive posting of a voluntary departure bond 
                in individual cases upon a finding that the alien has 
                presented compelling evidence that the posting of a 
                bond will be a serious financial hardship and the alien 
                has presented credible evidence that such a bond is 
                unnecessary to guarantee timely departure.''; and
                    (B) in subsection (b)(2), by striking ``60 days'' 
                and inserting ``45 days''.
            (3) Voluntary departure agreements.--Subsection (c) of such 
        section is amended to read as follows:
    ``(c) Conditions on Voluntary Departure.--
            ``(1) Voluntary departure agreement.--Voluntary departure 
        will be granted only as part of an affirmative agreement by the 
        alien. A voluntary departure agreement under subsection (b) 
        shall include a waiver of the right to any further motion, 
        appeal, application, petition, or petition for review relating 
        to removal or relief or protection from removal.
            ``(2) Concessions by the secretary.--In connection with the 
        alien's agreement to depart voluntarily under paragraph (1), 
        the Secretary of Homeland Security in the exercise of 
        discretion may agree to a reduction in the period of 
        inadmissibility under subparagraph (A) or (B)(i) of section 
        212(a)(9).
            ``(3) Failure to comply with agreement and effect of filing 
        timely appeal.--If an alien agrees to voluntary departure under 
        this section and fails to depart the United States within the 
        time allowed for voluntary departure or fails to comply with 
        any other terms of the agreement (including a failure to timely 
        post any required bond), the alien automatically becomes 
        ineligible for the benefits of the agreement, subject to the 
        penalties described in subsection (d), and subject to an 
        alternate order of removal if voluntary departure was granted 
        under subsection (a)(2) or (b). However, if an alien agrees to 
        voluntary departure but later files a timely appeal of the 
        immigration judge's decision granting voluntary departure, the 
        alien may pursue the appeal instead of the voluntary departure 
        agreement. Such appeal operates to void the alien's voluntary 
        departure agreement and the consequences thereof, but the alien 
        may not again be granted voluntary departure while the alien 
        remains in the United States.''.
            (4) Eligibility.--Subsection (e) of such section is amended 
        to read as follows:
    ``(e) Eligibility.--
            ``(1) Prior grant of voluntary departure.--An alien shall 
        not be permitted to depart voluntarily under this section if 
        the Secretary of Homeland Security or the Attorney General 
        previously permitted the alien to depart voluntarily.
            ``(2) Additional limitations.--The Secretary of Homeland 
        Security may by regulation limit eligibility or impose 
        additional conditions for voluntary departure under subsection 
        (a)(1) for any class or classes of aliens. The Secretary or 
        Attorney General may by regulation limit eligibility or impose 
        additional conditions for voluntary departure under subsection 
        (a)(2) or (b) for any class or classes of aliens. 
        Notwithstanding any other provision of law (statutory or 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and section 
        1361 and 1651 of such title, no court may review any regulation 
        issued under this subsection.''.
    (b) Avoiding Delays in Voluntary Departure.--
            (1) Alien's obligation to depart within the time allowed.--
        Subsection (c) of section 240B of the Immigration and 
        Nationality Act (8 U.S.C. 1229c), as amended by subsection (a), 
        is further amended by adding at the end the following new 
        paragraph:
            ``(4) Voluntary departure period not affected.--Except as 
        expressly agreed to by the Secretary of Homeland Security in 
        writing in the exercise of the Secretary's discretion before 
        the expiration of the period allowed for voluntary departure, 
        no motion, appeal, application, petition, or petition for 
        review shall affect, reinstate, enjoin, delay, stay, or toll 
        the alien's obligation to depart from the United States during 
        the period agreed to by the alien and the Secretary.''.
            (2) No tolling.--Subsection (f) of such section is amended 
        by adding at the end the following new sentence: 
        ``Notwithstanding any other provision of law (statutory or 
        nonstatutory), including section 2241 of title 28, United 
        States Code, or any other habeas corpus provision, and section 
        1361 and 1651 of such title, no court shall have jurisdiction 
        to affect, reinstate, enjoin, delay, stay, or toll the period 
        allowed for voluntary departure under this section.''.
    (c) Penalties for Failure To Depart Voluntarily.--
            (1) Penalties for failure to depart.--Subsection (d) of 
        section 240B of the Immigration and Nationality Act (8 U.S.C. 
        1229c) is amended to read as follows:
    ``(d) Penalties for Failure To Depart.--If an alien is permitted to 
depart voluntarily under this section and fails voluntarily to depart 
from the United States within the time period specified or otherwise 
violates the terms of a voluntary departure agreement, the following 
provisions apply:
            ``(1) Civil penalty.--
                    ``(A) In general.--The alien will be liable for a 
                civil penalty of $3,000.
                    ``(B) Specification in order.--The order allowing 
                voluntary departure shall specify the amount of the 
                penalty, which shall be acknowledged by the alien on 
                the record.
                    ``(C) Collection.--If the Secretary of Homeland 
                Security thereafter establishes that the alien failed 
                to depart voluntarily within the time allowed, no 
                further procedure will be necessary to establish the 
                amount of the penalty, and the Secretary may collect 
                the civil penalty at any time thereafter and by 
                whatever means provided by law.
                    ``(D) Ineligibility for benefits.--An alien will be 
                ineligible for any benefits under this title until any 
                civil penalty under this subsection is paid.
            ``(2) Ineligibility for relief.--The alien will be 
        ineligible during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        for any further relief under this section and sections 240A, 
        245, 248, and 249.
            ``(3) Reopening.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                alien will be ineligible to reopen a final order of 
                removal which took effect upon the alien's failure to 
                depart, or the alien's violation of the conditions for 
                voluntary departure, during the period described in 
                paragraph (2).
                    ``(B) Exception.--Subparagraph (A) does not 
                preclude a motion to reopen to seek withholding of 
                removal under section 241(b)(3) or protection against 
                torture.
            ``The order permitting the alien to depart voluntarily 
        under this section shall inform the alien of the penalties 
        under this subsection.''.
            (2) Implementation of existing statutory penalties.--The 
        Secretary of Homeland Security shall implement regulations to 
        provide for the imposition and collection of penalties for 
        failure to depart under section 240B(d) of the Immigration and 
        Nationality Act, as amended by paragraph (1).
    (d) Voluntary Departure Agreements Negotiated by State or Local 
Courts.--Section 240B of the Immigration and Nationality Act (8 U.S.C. 
1229c) is amended by adding at the end the following new subsection:
    ``(g) 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.''.
    (e) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to all 
        orders granting voluntary departure under section 240B of the 
        Immigration and Nationality Act (8 U.S.C. 1229c) made on or 
        after the date that is 180 days after the date of the enactment 
        of this Act.
            (2) Exception.--The amendment made by subsection (b)(2) 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to any petition for review which is 
        entered on or after such date.

SEC. 522. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS.

    (a) In General.--
            (1) Bonds.--Section 236(a)(2) of the Immigration and 
        Nationality Act (8 U.S.C. 1226(a)(2)) is amended to read as 
        follows:
            ``(2) may, upon an express finding by an immigration judge, 
        that the alien is not a flight risk and is not a threat to the 
        United States, release the alien on a bond--
                    ``(A) of not less than $5,000 release an alien; or
                    ``(B) if the alien is a national of Canada or 
                Mexico, of not less than $3,000; or.''.
            (2) Conforming amendment.--Section 236(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1226) is amended by 
        inserting ``or the Secretary of Homeland Security'' after the 
        ``Attorney General'' each place it appears.
            (3) Report.--Not later than 2 years after the enactment of 
        this Act, the Secretary of Homeland Security shall submit to 
        Congress a report on the number of aliens who are citizens or 
        nationals of a country other than Canada or Mexico who are 
        apprehended along an international land border of the United 
        States between ports of entry.
    (b) Detention of Aliens Delivered by Bondsmen.--Section 241(a) of 
the Immigration and Nationality Act (8 U.S.C. 1231(a)) is amended by 
adding at the end the following new paragraph:
            ``(8) Effect of production of alien by bondsman.--
        Notwithstanding any other provision of law, the Secretary of 
        Homeland Security shall take into custody any alien subject to 
        a final order of removal, and cancel any bond previously posted 
        for the alien, if the alien is produced within the prescribed 
        time limit by the obligor on the bond. The obligor on the bond 
        shall be deemed to have substantially performed all conditions 
        imposed by the terms of the bond, and shall be released from 
        liability on the bond, if the alien is produced within such 
        time limit.''.
    (c) Effective Date.--The amendments made by subsection (a) and (b) 
shall take effect on the date of the enactment of this Act and the 
amendment made by subsection (b) shall apply to all immigration bonds 
posted before, on, or after such date.

SEC. 523. EXPEDITED REMOVAL.

    (a) In General.--Section 238 of the Immigration and Nationality Act 
(8 U.S.C. 1228) is amended--
            (1) by striking the section heading and inserting 
        ``expedited removal of criminal aliens'';
            (2) in subsection (a), by striking the subsection heading 
        and inserting: ``Expedited Removal From Correctional 
        Facilities.--'';
            (3) in subsection (b), by striking the subsection heading 
        and inserting: ``Removal of Criminal Aliens.--'';
            (4) in subsection (b), by striking paragraphs (1) and (2) 
        and inserting the following:
            ``(1) In general.--The Secretary of Homeland Security 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 subsection (c) that relates to presumption of 
        deportability, by striking ``convicted of an aggravated 
        felony'' and inserting ``described in paragraph (b)(2)'';
            (6) by redesignating the subsection (c) that relates to 
        judicial removal as subsection (d); and
            (7) in subsection (d)(5) (as so redesignated), by striking 
        ``, who is deportable under this Act,''.
    (b) Application to Certain Aliens.--
            (1) In general.--Section 235(b)(1)(A)(iii) of the 
        Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)(iii)) 
        is amended--
                    (A) in subclause (I), by striking ``Attorney 
                General'' and inserting ``Secretary of Homeland 
                Security'' each place it appears; and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(III) Exception.--Notwithstanding 
                                subclauses (I) and (II), the Secretary 
                                of Homeland Security shall apply 
                                clauses (i) and (ii) of this 
                                subparagraph to any alien (other than 
                                an alien described in subparagraph (F)) 
                                who is not a national of a country 
                                contiguous to the United States, who 
                                has not been admitted or paroled into 
                                the United States, and who is 
                                apprehended within 100 miles of an 
                                international land border of the United 
                                States and within 14 days of entry.''.
            (2) Exceptions.--Section 235(b)(1)(F) of the Immigration 
        and Nationality Act (8 U.S.C. 1225(b)(1)(F)) is amended--
                    (A) by striking ``and who arrives by aircraft at a 
                port of entry'' and inserting ``and--''; and
                    (B) by adding at the end the following:
                            ``(i) who arrives by aircraft at a port of 
                        entry; or
                            ``(ii) who is present in the United States 
                        and arrived in any manner at or between a port 
                        of entry.''.
    (c) 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''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens apprehended or convicted on or after such date.

SEC. 524. 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 Convention Against Torture and Other 
                Cruel, Inhuman or Degrading Treatment or Punishment, 
                done at New York December 10, 1984, 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. 525. 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. 526. DETENTION OF DANGEROUS ALIEN.

    (a) In General.--Section 241 of the Immigration and Nationality Act 
(8 U.S.C. 1231) is amended--
            (1) in subsection (a), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'' each place it 
        appears;
            (2) in subsection (a)(1)(B), by adding after clause (iii) 
        the following:
                ``If, at that time, the alien is not in the custody of 
                the Secretary (under the authority of this Act), the 
                Secretary shall take the alien into custody for 
                removal, and the removal period shall not begin until 
                the alien is taken into such custody. If the Secretary 
                transfers custody of the alien during the removal 
                period pursuant to law to another Federal agency or a 
                State or local government agency in connection with the 
                official duties of such agency, the removal period 
                shall be tolled, and shall begin anew on the date of 
                the alien's return to the custody of the Secretary.''.
            (3) by amending clause (ii) of subsection (a)(1)(B) to read 
        as follows:
                            ``(ii) If a court, the Board of Immigration 
                        Appeals, or an immigration judge orders a stay 
                        of the removal of the alien, the date the stay 
                        of removal is no longer in effect.'';
            (4) by amending subparagraph (C) of subsection (a)(1) to 
        read as follows:
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien fails or refuses to make all 
                reasonable efforts to comply with the removal order, or 
                to fully cooperate with the Secretary's efforts to 
                establish the alien's identity and carry out the 
                removal order, including making timely application in 
                good faith for travel or other documents necessary to 
                the alien's departure, or conspires or acts to prevent 
                the alien's removal subject to an order of removal.'';
            (5) in subsection (a)(2), by adding at the end ``If a court 
        orders a stay of removal of an alien who is subject to an 
        administratively final order of removal, the Secretary in the 
        exercise of discretion may detain the alien during the pendency 
        of such stay of removal.'';
            (6) in subsection (a)(3), by amending subparagraph (D) to 
        read as follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities, or perform affirmative 
                acts, that the Secretary prescribes for the alien, in 
                order to prevent the alien from absconding, or for the 
                protection of the community, or for other purposes 
                related to the enforcement of the immigration laws.'';
            (7) in subsection (a)(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 in this section, until the alien is removed. If 
        an alien is released, the alien'';
            (8) by redesignating paragraph (7) of subsection (a) as 
        paragraph (10) and inserting after paragraph (6) of such 
        subsection the following new paragraphs:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary, in the 
        Secretary's discretion, may parole the alien under section 
        212(d)(5) of this Act and may provide, notwithstanding section 
        212(d)(5), that the alien shall not be returned to custody 
        unless either the alien violates the conditions of the alien's 
        parole or the alien's removal becomes reasonably foreseeable, 
        provided that in no circumstance shall such alien be considered 
        admitted.
            ``(8) Application of additional rules for detention or 
        release of certain aliens who have made an entry.--The rules 
        set forth in subsection (j) shall only apply with respect to an 
        alien who was lawfully admitted the most recent time the alien 
        entered the United States or has otherwise effected an entry 
        into the United States.
            ``(9) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision pursuant 
        to paragraphs (6), (7), or (8) or subsection (j) shall be 
        available exclusively in habeas corpus proceedings instituted 
        in the United States District Court for the District of 
        Columbia, and only if the alien has exhausted all 
        administrative remedies (statutory and regulatory) available to 
        the alien as of right.''; and
            (9) by adding at the end the following new subsection:
    ``(j) Additional Rules for Detention or Release of Certain Aliens 
Who Have Made an Entry.--
            ``(1) Application.--The rules set forth in this subsection 
        apply in the case of an alien described in subsection (a)(8).
            ``(2) Establishment of a detention review process for 
        aliens who fully cooperate with removal.--
                    ``(A) In general.--The Secretary of Homeland 
                Security shall establish an administrative review 
                process to determine whether the aliens should be 
                detained or released on conditions for aliens who--
                            ``(i) have made all reasonable efforts to 
                        comply with their removal orders;
                            ``(ii) have complied with the Secretary's 
                        efforts to carry out the removal orders, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        to the alien's departure; and
                            ``(iii) have not conspired or acted to 
                        prevent removal.
                    ``(B) Determination.--The Secretary shall make a 
                determination whether to release an alien after the 
                removal period in accordance with paragraphs (3) and 
                (4). The determination--
                            ``(i) shall include consideration of any 
                        evidence submitted by the alien and the history 
                        of the alien's efforts to comply with the order 
                        of removal; and
                            ``(ii) may include any information or 
                        assistance provided by the Secretary of State 
                        or other Federal agency and any other 
                        information available to the Secretary of 
                        Homeland Security pertaining to the ability to 
                        remove the alien.
            ``(3) Authority to detain beyond removal period.--
                    ``(A) Initial 90-day period.--The Secretary of 
                Homeland Security in the exercise of discretion, 
                without any limitations other than those specified in 
                this section, may continue to detain an alien for 90 
                days beyond the removal period (including any extension 
                of the removal period as provided in subsection 
                (a)(1)(C)).
                    ``(B) Extension.--
                            ``(i) In general.--The Secretary in the 
                        exercise of discretion, without any limitations 
                        other than those specified in this section, may 
                        continue to detain an alien beyond the 90-day 
                        period authorized in subparagraph (A)--
                                    ``(I) until the alien is removed if 
                                the conditions described in 
                                subparagraph (A) or (B) of paragraph 
                                (4) apply; or
                                    ``(II) pending a determination as 
                                provided in subparagraph (C) of 
                                paragraph (4).
                            ``(ii) Renewal.--The Secretary may renew a 
                        certification under paragraph (4)(B) every six 
                        months without limitation, after providing an 
                        opportunity for the alien to request 
                        reconsideration of the certification and to 
                        submit documents or other evidence in support 
                        of that request. If the Secretary does not 
                        renew a certification, the Secretary may not 
                        continue to detain the alien under such 
                        paragraph.
                            ``(iii) Delegation.--Notwithstanding 
                        section 103, the Secretary may not delegate the 
                        authority to make or renew a certification 
                        described in clause (ii), (iii), or (v) of 
                        paragraph (4)(B) below the level of the 
                        Assistant Secretary for Immigration and Customs 
                        Enforcement.
                            ``(iv) Hearing.--The Secretary may request 
                        that the Attorney General provide for a hearing 
                        to make the determination described in clause 
                        (iv)(II) of paragraph (4)(B).
            ``(4) Conditions for extension.--The conditions for 
        continuation of detention are any of the following:
                    ``(A) The Secretary determines that there is a 
                significant likelihood that the alien--
                            ``(i) will be removed in the reasonably 
                        foreseeable future; or
                            ``(ii) would be removed in the reasonably 
                        foreseeable future, or would have been removed, 
                        but for the alien's failure or refusal to make 
                        all reasonable efforts to comply with the 
                        removal order, or to fully cooperate with the 
                        Secretary's efforts to establish the alien's 
                        identity and carry out the removal order, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        to the alien's departure, or conspiracies or 
                        acts to prevent removal.
                    ``(B) The Secretary certifies in writing any of the 
                following:
                            ``(i) In consultation with the Secretary of 
                        Health and Human Services, the alien has a 
                        highly contagious disease that poses a threat 
                        to public safety.
                            ``(ii) After receipt of a written 
                        recommendation from the Secretary of State, the 
                        release of the alien is likely to have serious 
                        adverse foreign policy consequences for the 
                        United States.
                            ``(iii) Based on information available to 
                        the Secretary (including available information 
                        from the intelligence community, and without 
                        regard to the grounds upon which the alien was 
                        ordered removed), there is reason to believe 
                        that the release of the alien would threaten 
                        the national security of the United States.
                            ``(iv) The release of the alien will 
                        threaten the safety of the community or any 
                        person, the conditions of release cannot 
                        reasonably be expected to ensure the safety of 
                        the community or any person, and--
                                    ``(I) the alien has been convicted 
                                of one or more aggravated felonies 
                                described in section 101(a)(43)(A) or 
                                of one or more crimes identified by the 
                                Secretary by regulation, or of one or 
                                more attempts or conspiracies to commit 
                                any such aggravated felonies or such 
                                crimes, for an aggregate term of 
                                imprisonment of at least five years; or
                                    ``(II) the alien has committed one 
                                or more crimes of violence and, because 
                                of a mental condition or personality 
                                disorder and behavior associated with 
                                that condition or disorder, the alien 
                                is likely to engage in acts of violence 
                                in the future.
                            ``(v) The release of the alien will 
                        threaten the safety of the community or any 
                        person, conditions of release cannot reasonably 
                        be expected to ensure the safety of the 
                        community or any person, and the alien has been 
                        convicted of at least one aggravated felony.
                    ``(C) Pending a determination under subparagraph 
                (B), if the Secretary has initiated the administrative 
                review process no later than 30 days after the 
                expiration of the removal period (including any 
                extension of the removal period as provided in 
                subsection (a)(1)(C)).
            ``(5) Release on conditions.--If it is determined that an 
        alien should be released from detention, the Secretary in the 
        exercise of discretion may impose conditions on release as 
        provided in subsection (a)(3).
            ``(6) Redetention.--The Secretary in the exercise of 
        discretion, without any limitations other than those specified 
        in this section, may again detain any alien subject to a final 
        removal order who is released from custody if the alien fails 
        to comply with the conditions of release or to cooperate in the 
        alien's removal from the United States, or if, upon 
        reconsideration, the Secretary determines that the alien can be 
        detained under paragraph (1). Paragraphs (6) through (8) of 
        subsection (a) shall apply to any alien returned to custody 
        pursuant to this paragraph, as if the removal period terminated 
        on the day of the redetention.
            ``(7) Certain aliens who effected entry.--If an alien has 
        effected an entry into the United States but has neither been 
        lawfully admitted nor physically present in the United States 
        continuously for the 2-year period immediately prior to the 
        commencement of removal proceedings under this Act or 
        deportation proceedings against the alien, the Secretary in the 
        exercise of discretion may decide not to apply subsection 
        (a)(8) and this subsection and may detain the alien without any 
        limitations except those imposed by regulation.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect upon the date of the enactment of this Act, and section 241 
of the Immigration and Nationality Act, as amended, shall apply to--
            (1) all aliens subject to a final administrative removal, 
        deportation, or exclusion order that was issued before, on, or 
        after the date of the enactment of this Act; and
            (2) acts and conditions occurring or existing before, on, 
        or after the date of the enactment of this Act.

SEC. 527. ALTERNATIVES TO DETENTION.

    The Secretary of Homeland Security shall implement pilot programs 
in the 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. 528. 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>