[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.
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