[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2454 Placed on Calendar Senate (PCS)]
Calendar No. 376
109th CONGRESS
2d Session
S. 2454
To amend the Immigration and Nationality Act to provide for
comprehensive reform and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 16 (legislative day, March 15), 2006
Mr. Frist introduced the following bill; which was read twice and
ordered to be placed on the calendar
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for
comprehensive reform 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 ``Securing America's
Borders Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
Sec. 101. Enforcement personnel.
Sec. 102. Technological assets.
Sec. 103. Infrastructure.
Sec. 104. Border patrol checkpoints.
Sec. 105. Ports of entry.
Sec. 106. Construction of strategic border fencing and
vehicle barriers..
Subtitle B--Border Security Plans, Strategies, and Reports
Sec. 111. Surveillance plan.
Sec. 112. National Strategy for Border Security.
Sec. 113. Reports on improving the exchange of information on North
American security.
Sec. 114. Improving the security of Mexico's southern border.
Subtitle C--Other Border Security Initiatives
Sec. 121. Biometric data enhancements.
Sec. 122. Secure communication.
Sec. 123. Border patrol training capacity review.
Sec. 124. US-VISIT System.
Sec. 125. Document fraud detection.
Sec. 126. Improved document integrity.
Sec. 127. Cancellation of visas.
Sec. 128. Biometric entry-exit system.
Sec. 129. Border study.
Sec. 130. Secure Border Initiative financial accountability.
TITLE II--INTERIOR ENFORCEMENT
Sec. 201. Removal and denial of benefits to terrorist aliens.
Sec. 202. Detention and removal of aliens ordered removed.
Sec. 203. Aggravated felony.
Sec. 204. Terrorist bars.
Sec. 205. Increased criminal penalties related to gang violence,
removal, and alien smuggling.
Sec. 206. Illegal entry or unlawful presence of an alien.
Sec. 207. Illegal reentry.
Sec. 208. Reform of passport, visa, and immigration fraud offenses.
Sec. 209. Inadmissibility and removal for passport and immigration
fraud offenses.
Sec. 210. Incarceration of criminal aliens.
Sec. 211. Encouraging aliens to depart voluntarily.
Sec. 212. Deterring aliens ordered removed from remaining in the United
States unlawfully.
Sec. 213. Prohibition of the sale of firearms to, or the possession of
firearms by certain aliens.
Sec. 214. Uniform statute of limitations for certain immigration,
naturalization, and peonage offenses.
Sec. 215. Diplomatic security service.
Sec. 216. Field agent allocation and background checks.
Sec. 217. Denial of benefits to terrorists and criminals.
Sec. 218. State criminal alien assistance program.
Sec. 219. Transportation and processing of illegal aliens apprehended
by State and local law enforcement
officers.
Sec. 220. State and local law enforcement of Federal immigration laws.
Sec. 221. Reducing illegal immigration and alien smuggling on tribal
lands.
Sec. 222. Alternatives to detention.
Sec. 223. Conforming amendment.
Sec. 224. Reporting requirements.
Sec. 225. Mandatory detention for aliens apprehended at or between
ports of entry.
Sec. 226. Removal of drunk drivers.
Sec. 227. Expedited removal.
Sec. 228. Protecting immigrants from convicted sex offenders
Sec. 229. Law enforcement authority of States and political
subdivisions and transfer to Federal
custody.
Sec. 230. Listing of immigration violators in the National Crime
Information Center database.
Sec. 231. Laundering of monetary instruments.
Sec. 232. Severability.
TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS
Sec. 301. Unlawful employment of aliens.
Sec. 302. Employer Compliance Fund.
Sec. 303. Additional worksite enforcement and fraud detection agents.
Sec. 304. Clarification of ineligibility for misrepresentation.
TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS AND ALIENS WITH
ADVANCED DEGREES
Sec. 401. Elimination of existing backlogs.
Sec. 402. Country limits.
Sec. 403. Allocation of immigrant visas.
Sec. 404. Relief for minor children.
Sec. 405. Student visas.
Sec. 406. Visas for individuals with advanced degrees.
Sec. 407. Medical services in underserved areas.
TITLE V--IMMIGRATION LITIGATION REDUCTION
Sec. 501. Consolidation of immigration appeals.
Sec. 502. Additional immigration personnel.
Sec. 503. Board of immigration appeals removal order authority.
Sec. 504. Judicial review of visa revocation.
Sec. 505. Reinstatement of removal orders.
Sec. 506. Withholding of removal.
Sec. 507. Certificate of reviewability.
Sec. 508. Discretionary decisions on motions to reopen or reconsider.
Sec. 509. Prohibition of attorney fee awards for review of final orders
of removal.
Sec. 510. Board of Immigration Appeals.
TITLE VI--MISCELLANEOUS
Sec. 601. Technical and conforming amendments.
SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.
Except as otherwise expressly provided, whenever in this Act an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
SEC. 3. DEFINITIONS.
In this Act:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.
TITLE I--BORDER ENFORCEMENT
Subtitle A--Assets for Controlling United States Borders
SEC. 101. ENFORCEMENT PERSONNEL.
(a) Additional Personnel.--
(1) Customs and border protection officers.--In each of the
fiscal years 2007 through 2011, the Secretary shall, subject to
the availability of appropriations, increase by not less than
250 the number of positions for full-time active duty Customs
and Border Protection officers.
(2) Port of entry inspectors.--In each of the fiscal years
2007 through 2011, the Secretary shall, subject to the
availability of appropriations, increase by not less than 250
the number of positions for full-time active duty port of entry
inspectors and provide appropriate training, equipment, and
support to such additional inspectors.
(3) Border patrol agent.--Section 5202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-
458; 118 Stat. 3734) is amended--
(A) by striking ``2010'' both places it appears and
inserting ``2011''; and
(B) by striking ``2,000'' and inserting ``2,400''.
(4) Investigative personnel.--
(A) Immigration and customs enforcement
inspectors.--Section 5203 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-
458; 118 Stat. 3734) is amended by striking ``800'' and
inserting ``1000''.
(B) Additional personnel.--In addition to the
positions authorized under section 5203 of the
Intelligence Reform and Terrorism Prevention Act of
2004, as amended by subparagraph (A), during each of
the fiscal years 2007 through 2011, the Secretary
shall, subject to the availability of appropriations,
increase by not less than 200 the number of positions
for personnel within the Department assigned to
investigate alien smuggling.
(b) Authorization of Appropriations.--
(1) Customs and border protection officers.--There are
authorized to be appropriated to the Secretary such sums as may
be necessary for each of the fiscal years 2007 through 2011 to
carry out paragraph (1) of subsection (a).
(2) Port of entry inspectors.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for
each of the fiscal years 2007 through 2011 to carry out
paragraph (2) of subsection (a).
(3) Border patrol agents.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for
each of fiscal years 2007 through 2011 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
subsection (a)(3).
SEC. 102. TECHNOLOGICAL ASSETS.
(a) Acquisition.--Subject to the availability of appropriations,
the Secretary shall procure additional unmanned aerial vehicles,
cameras, poles, sensors, and other technologies necessary to achieve
operational control of the international borders of the United States
and to establish a security perimeter known as a ``virtual fence''
along such international borders to provide a barrier to illegal
immigration.
(b) Increased Availability of Equipment.--The Secretary and the
Secretary of Defense shall develop and implement a plan to use
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
the Secretary in carrying out surveillance activities conducted at or
near the international land borders of the United States to prevent
illegal immigration.
(c) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary and the Secretary of Defense shall submit to
Congress a report that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary in carrying out
surveillance of the international land borders of the United
States and assessment of the risks to citizens of the United
States and foreign policy interests associated with the use of
such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
the fiscal years 2007 through 2011 to carry out subsection (a).
(e) Construction.--Nothing in this section may be construed as
altering or amending the prohibition on the use of any part of the Army
or the Air Force as a posse comitatus under section 1385 of title 18,
United States Code.
SEC. 103. INFRASTRUCTURE.
(a) Construction of Border Control Facilities.--Subject to the
availability of appropriations, the Secretary shall construct all-
weather roads and acquire additional vehicle barriers and facilities
necessary to achieve operational control of the international borders
of the United States.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
the fiscal years 2007 through 2011 to carry out subsection (a).
SEC. 104. BORDER PATROL CHECKPOINTS.
The Secretary may maintain temporary or permanent checkpoints on
roadways in border patrol sectors that are located in proximity to the
international border between the United States and Mexico.
SEC. 105. PORTS OF ENTRY.
The Secretary is authorized to--
(1) construct additional ports of entry along the
international land borders 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. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND VEHICLE
BARRIERS.
(a) Tucson Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Tucson Sector located proximate to population
centers in Douglas, Nogales, Naco, and Lukeville, Arizona with
double- or triple-layered fencing running parallel to the
international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas, except
that the double- or triple-layered fence shall extend west of
Naco, Arizona, for a distance of 25 miles; and
(3) construct not less than 150 miles of vehicle barriers
and all-weather roads in the Tucson Sector running parallel to
the international border between the United States and Mexico
in areas that are known transit points for illegal cross-border
traffic.
(b) Yuma Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Yuma Sector located proximate to population
centers in Yuma, Somerton, and San Luis, Arizona with double-
or triple-layered fencing running parallel to the international
border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas in the
Yuma Sector.
(3) construct not less than 50 miles of vehicle barriers
and all-weather roads in the Yuma Sector running parallel to
the international border between the United States and Mexico
in areas that are known transit points for illegal cross-border
traffic.
(c) Construction Deadline.--The Secretary shall immediately
commence construction of the fencing, barriers, and roads described in
subsections (a) and (b), and shall complete such construction not later
than 2 years after the date of the enactment of this Act.
(d) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the Committee on
the Judiciary of the Senate and the Committee on the Judiciary of the
House of Representatives that describes the progress that has been made
in constructing the fencing, barriers, and roads described in
subsections (a) and (b).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
Subtitle B--Border Security Plans, Strategies, and Reports
SEC. 111. SURVEILLANCE PLAN.
(a) Requirement for Plan.--The Secretary shall develop a
comprehensive plan for the systematic surveillance of the international
land and maritime borders of the United States.
(b) Content.--The plan required by subsection (a) shall include the
following:
(1) An assessment of existing technologies employed on the
international land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance
technologies with surveillance technologies in use by the
Secretary on the date of the enactment of this Act.
(3) A description of how the Commissioner of the United
States Customs and Border Protection of the Department is
working, or is expected to work, with the Under Secretary for
Science and Technology of the Department to identify and test
surveillance technology.
(4) A description of the specific surveillance technology
to be deployed.
(5) Identification of any obstacles that may impede such
deployment.
(6) A detailed estimate of all costs associated with such
deployment and with continued maintenance of such technologies.
(7) A description of how the Secretary is working with the
Administrator of the Federal Aviation Administration on safety
and airspace control issues associated with the use of unmanned
aerial vehicles.
(c) Submission to Congress.--Not later than 6 months after the date
of the enactment of this Act, the Secretary shall submit to Congress
the plan required by this section.
SEC. 112. NATIONAL STRATEGY FOR BORDER SECURITY.
(a) Requirement for Strategy.--The Secretary, in consultation with
the heads of other appropriate Federal agencies, shall develop a
National Strategy for Border Security that describes actions to be
carried out to achieve operational control over all ports of entry into
the United States and the international land and maritime borders of
the United States.
(b) Content.--The National Strategy for Border Security shall
include the following:
(1) The implementation schedule for the comprehensive plan
for systematic surveillance described in section 111.
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international land and maritime borders
of the United States.
(3) A risk assessment for all United States ports of entry
and all portions of the international land and maritime borders
of the United States that includes a description of activities
being undertaken--
(A) to prevent the entry of terrorists, other
unlawful aliens, instruments of terrorism, narcotics,
and other contraband into the United States; and
(B) to protect critical infrastructure at or near
such ports of entry or borders.
(4) An assessment of the legal requirements that prevent
achieving and maintaining operational control over the entire
international land and maritime borders of the United States.
(5) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(6) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(7) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities, and
recommendations regarding actions the Secretary can carry out
to improve coordination with such authorities to enable border
security and enforcement activities to be carried out in a more
efficient and effective manner.
(8) An assessment of existing efforts and technologies used
for border security and the effect of the use of such efforts
and technologies on civil rights, personal property rights, and
civil liberties, including an assessment of efforts to take
into account asylum seekers, trafficking victims, unaccompanied
minor aliens, and other vulnerable populations.
(9) A prioritized list of research and development
objectives to enhance the security of the international land
and maritime borders of the United States.
(10) A description of ways to ensure that the free flow of
travel and commerce is not diminished by efforts, activities,
and programs aimed at securing the international land and
maritime borders of the United States.
(11) An assessment of additional detention facilities and
beds that are needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States.
(12) A description of the performance metrics to be used to
ensure accountability by the bureaus of the Department in
implementing such Strategy.
(13) A schedule for the implementation of the security
measures described in such Strategy, including a prioritization
of security measures, realistic deadlines for addressing the
security and enforcement needs, an estimate of the resources
needed to carry out such measures, and a description of how
such resources should be allocated.
(c) Consultation.--In developing the National Strategy for Border
Security, the Secretary shall consult with representatives of--
(1) State, local, and tribal authorities with
responsibility for locations along the international land and
maritime borders of the United States; and
(2) appropriate private sector entities, nongovernmental
organizations, and affected communities that have expertise in
areas related to border security.
(d) Coordination.--The National Strategy for Border Security shall
be consistent with the National Strategy for Maritime Security
developed pursuant to Homeland Security Presidential Directive 13,
dated December 21, 2004.
(e) Submission to Congress.--
(1) Strategy.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress
the National Strategy for Border Security.
(2) Updates.--The Secretary shall submit to Congress any
update of such Strategy that the Secretary determines is
necessary, not later than 30 days after such update is
developed.
(f) Immediate Action.--Nothing in this section or section 111 may
be construed to relieve the Secretary of the responsibility to take all
actions necessary and appropriate to achieve and maintain operational
control over the entire international land and maritime borders of the
United States.
SEC. 113. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON NORTH
AMERICAN SECURITY.
(a) Requirement for Reports.--Not later than 1 year after the date
of the enactment of this Act, and annually thereafter, the Secretary of
State, in coordination with the Secretary and the heads of other
appropriate Federal agencies, shall submit to Congress a report on
improving the exchange of information related to the security of North
America.
(b) Contents.--Each report submitted under subsection (a) shall
contain a description of the following:
(1) Security clearances and document integrity.--The
progress made toward the development of common enrollment,
security, technical, and biometric standards for the issuance,
authentication, validation, and repudiation of secure
documents, including--
(A) technical and biometric standards based on best
practices and consistent with international standards
for the issuance, authentication, validation, and
repudiation of travel documents, including--
(i) passports;
(ii) visas; and
(iii) permanent resident cards;
(B) working with Canada and Mexico to encourage
foreign governments to enact laws to combat alien
smuggling and trafficking, and laws to forbid the use
and manufacture of fraudulent travel documents and to
promote information sharing;
(C) applying the necessary pressures and support to
ensure that other countries meet proper travel document
standards and are committed to travel document
verification before the citizens of such countries
travel internationally, including travel by such
citizens to the United States; and
(D) providing technical assistance for the
development and maintenance of a national database
built upon identified best practices for biometrics
associated with visa and travel documents.
(2) Immigration and visa management.--The progress of
efforts to share information regarding high-risk individuals
who may attempt to enter Canada, Mexico, or the United States,
including the progress made--
(A) in implementing the Statement of Mutual
Understanding on Information Sharing, signed by Canada
and the United States in February 2003; and
(B) in identifying trends related to immigration
fraud, including asylum and document fraud, and to
analyze such trends.
(3) Visa policy coordination and immigration security.--The
progress made by Canada, Mexico, and the United States to
enhance the security of North America by cooperating on visa
policy and identifying best practices regarding immigration
security, including the progress made--
(A) in enhancing consultation among officials who
issue visas at the consulates or embassies of Canada,
Mexico, or the United States throughout the world to
share information, trends, and best practices on visa
flows;
(B) in comparing the procedures and policies of
Canada and the United States related to visitor visa
processing, including--
(i) application process;
(ii) interview policy;
(iii) general screening procedures;
(iv) visa validity;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and
the United States to waive visa requirements for
nationals and citizens of the same foreign countries;
(D) in providing technical assistance for the
development and maintenance of a national database
built upon identified best practices for biometrics
associated with immigration violators;
(E) in developing and implementing an immigration
security strategy for North America that works toward
the development of a common security perimeter by
enhancing technical assistance for programs and systems
to support advance automated reporting and risk
targeting of international passengers;
(F) in sharing information on lost and stolen
passports on a real-time basis among immigration or law
enforcement officials of Canada, Mexico, and the United
States; and
(G) in collecting 10 fingerprints from each
individual who applies for a visa.
(4) North american visitor overstay program.--The progress
made by Canada and the United States in implementing parallel
entry-exit tracking systems that, while respecting the privacy
laws of both countries, share information regarding third
country nationals who have overstayed their period of
authorized admission in either Canada or the United States.
(5) Terrorist watch lists.--The progress made in enhancing
the capacity of the United States to combat terrorism through
the coordination of counterterrorism efforts, including the
progress made--
(A) in developing and implementing bilateral
agreements between Canada and the United States and
between Mexico and the United States to govern the
sharing of terrorist watch list data and to
comprehensively enumerate the uses of such data by the
governments of each country;
(B) in establishing appropriate linkages among
Canada, Mexico, and the United States Terrorist
Screening Center; and
(C) in exploring with foreign governments the
establishment of a multilateral watch list mechanism
that would facilitate direct coordination between the
country that identifies an individual as an individual
included on a watch list, and the country that owns
such list, including procedures that satisfy the
security concerns and are consistent with the privacy
and other laws of each participating country.
(6) Money laundering, currency smuggling, and alien
smuggling.--The progress made in improving information sharing
and law enforcement cooperation in combating organized crime,
including the progress made--
(A) in combating currency smuggling, money
laundering, alien smuggling, and trafficking in
alcohol, firearms, and explosives;
(B) in implementing the agreement between Canada
and the United States known as the Firearms Trafficking
Action Plan;
(C) in determining the feasibility of formulating a
firearms trafficking action plan between Mexico and the
United States;
(D) in developing a joint threat assessment on
organized crime between Canada and the United States;
(E) in determining the feasibility of formulating a
joint threat assessment on organized crime between
Mexico and the United States;
(F) in developing mechanisms to exchange
information on findings, seizures, and capture of
individuals transporting undeclared currency; and
(G) in developing and implementing a plan to combat
the transnational threat of illegal drug trafficking.
(7) Law enforcement cooperation.--The progress made in
enhancing law enforcement cooperation among Canada, Mexico, and
the United States through enhanced technical assistance for the
development and maintenance of a national database built upon
identified best practices for biometrics associated with known
and suspected criminals or terrorists, including exploring the
formation of law enforcement teams that include personnel from
the United States and Mexico, and appropriate procedures for
such teams.
SEC. 114. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.
(a) Technical Assistance.--The Secretary of State, in coordination
with the Secretary, shall work to cooperate with the head of Foreign
Affairs Canada and the appropriate officials of the Government of
Mexico to establish a program--
(1) to assess the specific needs of Guatemala and Belize in
maintaining the security of the international borders of such
countries;
(2) to use the assessment made under paragraph (1) to
determine the financial and technical support needed by
Guatemala and Belize from Canada, Mexico, and the United States
to meet such needs;
(3) to provide technical assistance to Guatemala and Belize
to promote issuance of secure passports and travel documents by
such countries; and
(4) to encourage Guatemala and Belize--
(A) to control alien smuggling and trafficking;
(B) to prevent the use and manufacture of
fraudulent travel documents; and
(C) to share relevant information with Mexico,
Canada, and the United States.
(b) Border Security for Belize, Guatemala, and Mexico.--The
Secretary, in consultation with the Secretary of State, shall work to
cooperate--
(1) with the appropriate officials of the Government of
Guatemala and the Government of Belize to provide law
enforcement assistance to Guatemala and Belize that
specifically addresses immigration issues to increase the
ability of the Government of Guatemala to dismantle human
smuggling organizations and gain additional control over the
international border between Guatemala and Belize; and
(2) with the appropriate officials of the Government of
Belize, the Government of Guatemala, the Government of Mexico,
and the governments of neighboring contiguous countries to
establish a program to provide needed equipment, technical
assistance, and vehicles to manage, regulate, and patrol the
international borders between Mexico and Guatemala and between
Mexico and Belize.
(c) Tracking Central American Gangs.--The Secretary of State, in
coordination with the Secretary and the Director of the Federal Bureau
of Investigation, shall work to cooperate with the appropriate
officials of the Government of Mexico, the Government of Guatemala, the
Government of Belize, and the governments of other Central American
countries--
(1) to assess the direct and indirect impact on the United
States and Central America of deporting violent criminal
aliens;
(2) to establish a program and database to track
individuals involved in Central American gang activities;
(3) to develop a mechanism that is acceptable to the
governments of Belize, Guatemala, Mexico, the United States,
and other appropriate countries to notify such a government if
an individual suspected of gang activity will be deported to
that country prior to the deportation and to provide support
for the reintegration of such deportees into that country; and
(4) to develop an agreement to share all relevant
information related to individuals connected with Central
American gangs.
Subtitle C--Other Border Security Initiatives
SEC. 121. BIOMETRIC DATA ENHANCEMENTS.
Not later than October 1, 2007, the Secretary shall--
(1) in consultation with the Attorney General, enhance
connectivity between the Automated Biometric Fingerprint
Identification System (IDENT) of the Department and the
Integrated Automated Fingerprint Identification System (IAFIS)
of the Federal Bureau of Investigation to ensure more
expeditious data searches; and
(2) in consultation with the Secretary of State, collect
all fingerprints from each alien required to provide
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).
SEC. 122. SECURE COMMUNICATION.
The Secretary shall, as expeditiously as practicable, develop and
implement a plan to improve the use of satellite communications and
other technologies to ensure clear and secure 2-way communication
capabilities--
(1) among all Border Patrol agents conducting operations
between ports of entry;
(2) between Border Patrol agents and their respective
Border Patrol stations;
(3) between Border Patrol agents and residents in remote
areas along the international land borders of the United
States; and
(4) between all appropriate border security agencies of the
Department and State, local, and tribal law enforcement
agencies.
SEC. 123. BORDER PATROL TRAINING CAPACITY REVIEW.
(a) In General.--The Comptroller General of the United States shall
conduct a review of the basic training provided to Border Patrol agents
by the Secretary to ensure that such training is provided as
efficiently and cost-effectively as possible.
(b) Components of Review.--The review under subsection (a) shall
include the following components:
(1) An evaluation of the length and content of the basic
training curriculum provided to new Border Patrol agents by the
Federal Law Enforcement Training Center, including a
description of how such curriculum has changed since September
11, 2001, and an evaluation of language and cultural diversity
training programs provided within such curriculum.
(2) A review and a detailed breakdown of the costs incurred
by the Bureau of Customs and Border Protection and the Federal
Law Enforcement Training Center to train 1 new Border Patrol
agent.
(3) A comparison, based on the review and breakdown under
paragraph (2), of the costs, effectiveness, scope, and quality,
including geographic characteristics, with other similar
training programs provided by State and local agencies,
nonprofit organizations, universities, and the private sector.
(4) An evaluation of whether utilizing comparable non-
Federal training programs, proficiency testing, and long-
distance learning programs may affect--
(A) the cost-effectiveness of increasing the number
of Border Patrol agents trained per year;
(B) the per agent costs of basic training; and
(C) the scope and quality of basic training needed
to fulfill the mission and duties of a Border Patrol
agent.
SEC. 124. US-VISIT SYSTEM.
Not later than 6 months after the date of the enactment of this
Act, the Secretary, in consultation with the heads of other appropriate
Federal agencies, shall submit to Congress a schedule for--
(1) equipping all land border ports of entry of the United
States with the U.S.-Visitor and Immigrant Status Indicator
Technology (US-VISIT) system implemented under section 110 of
the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1365a);
(2) developing and deploying at such ports of entry the
exit component of the US-VISIT system; and
(3) making interoperable all immigration screening systems
operated by the Secretary.
SEC. 125. DOCUMENT FRAUD DETECTION.
(a) Training.--Subject to the availability of appropriations, the
Secretary 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 head of the
Forensic Document Laboratory of the Bureau of Immigration and Customs
Enforcement.
(b) Forensic Document Laboratory.--The Secretary shall provide all
Customs and Border Protection officers with access to the Forensic
Document Laboratory.
(c) Assessment.--
(1) Requirement for assessment.--The Inspector General of
the Department shall conduct an independent assessment of the
accuracy and reliability of the Forensic Document Laboratory.
(2) Report to congress.--Not later than 6 months after the
date of the enactment of this Act, the Inspector General shall
submit to Congress the findings of the assessment required by
paragraph (1).
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary for each of
fiscal years 2007 through 2011 to carry out this section.
SEC. 126. IMPROVED DOCUMENT INTEGRITY.
(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) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in the heading, by striking ``entry and exit
documents'' and inserting ``travel and entry documents and
evidence of status'';
(3) in subsection (b)(1)--
(A) by striking ``Not later than October 26, 2004,
the'' and inserting ``The''; and
(B) by striking ``visas and'' both places it
appears and inserting ``visas, evidence of status,
and'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) 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 an alien's status
as an immigrant, nonimmigrant, parolee, asylee, or refugee, shall be
machine-readable and tamper-resistant, and shall incorporate a
biometric identifier to allow the Secretary of Homeland Security to
verify electronically the identity and status of the alien.''.
SEC. 127. CANCELLATION OF VISAS.
Section 222(g) (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting ``and any other nonimmigrant visa
issued by the United States that is in the possession
of the alien'' after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office located
in the country of the alien's nationality'' and inserting
``(other than a visa described in paragraph (1)) issued in a
consular office located in the country of the alien's
nationality or foreign residence''.
SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM.
(a) Collection of Biometric Data From Aliens Departing the United
States.--Section 215 (8 U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph
(1), to the end; and
(3) by inserting after subsection (b) the following:
``(c) The Secretary of Homeland Security is authorized to require
aliens departing the United States to provide biometric data and other
information relating to their immigration status.''.
(b) Inspection of Applicants for Admission.--Section 235(d) (8
U.S.C. 1225(d)) is amended by adding at the end the following:
``(5) Authority to collect biometric data.--In conducting
inspections under subsection (b), immigration officers are
authorized to collect biometric data from--
``(A) any applicant for admission or alien seeking
to transit through the United States; or
``(B) any lawful permanent resident who is entering
the United States and who is not regarded as seeking
admission pursuant to section 101(a)(13)(C).''.
(c) Collection of Biometric Data From Alien Crewmen.--Section 252
(8 U.S.C. 1282) is amended by adding at the end the following:
``(d) An immigration officer is authorized to collect biometric
data from an alien crewman seeking permission to land temporarily in
the United States.''.
(d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 1182) is
amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholders of biometric data.--Any alien who
knowingly fails to comply with a lawful request for
biometric data under section 215(c) or 235(d) is
inadmissible.''; and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary of Homeland Security shall determine
whether a ground for inadmissibility exists with respect to an
alien described in subparagraph (C) of subsection (a)(7) and
may waive the application of such subparagraph for an
individual alien or a class of aliens, at the discretion of the
Secretary.''.
(e) Implementation.--Section 7208 of the 9/11 Commission
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Implementation.--In fully implementing the automated
biometric entry and exit data system under this section, the
Secretary is not required to comply with the requirements of
chapter 5 of title 5, United States Code (commonly referred to
as the Administrative Procedure Act) or any other law relating
to rulemaking, information collection, or publication in the
Federal Register.''; and
(2) in subsection (l)--
(A) by striking ``There are authorized'' and
inserting the following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Implementation at all land border ports of entry.--
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2007 and 2008 to implement
the automated biometric entry and exit data system at all land
border ports of entry.''.
SEC. 129. BORDER STUDY.
(a) Southern Border Study.--The Secretary, in consultation with the
Attorney General, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Defense, the Secretary of Commerce, and
the Administrator of the Environmental Protection Agency, shall conduct
a study on the construction of a system of physical barriers along the
southern international land and maritime border of the United States.
The study shall include--
(1) an assessment of the necessity of constructing such a
system, including the identification of areas of high priority
for the construction of such a system determined after
consideration of factors including the amount of narcotics
trafficking and the number of illegal immigrants apprehended in
such areas;
(2) an assessment of the feasibility of constructing such a
system;
(3) an assessment of the international, national, and
regional environmental impact of such a system, including the
impact on zoning, global climate change, ozone depletion,
biodiversity loss, and transboundary pollution;
(4) an assessment of the necessity for ports of entry along
such a system;
(5) an assessment of the impact such a system would have on
international trade, commerce, and tourism;
(6) an assessment of the effect of such a system on private
property rights including issues of eminent domain and riparian
rights;
(7) an estimate of the costs associated with building a
barrier system, including costs associated with excavation,
construction, and maintenance; and
(8) an assessment of the effect of such a system on Indian
reservations and units of the National Park System.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to Congress a report
on the study described in subsection (a).
SEC. 130. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.
(a) In General.--The Inspector General of the Department shall
review each contract action relating to the Secure Border Initiative
having a value of more than $20,000,000, to determine whether each such
action fully complies with applicable cost requirements, performance
objectives, program milestones, inclusion of small, minority, and
women-owned business, and time lines. The Inspector General shall
complete a review under this subsection with respect to each contract
action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Inspector General.--
(1) Action.--If the Inspector General becomes aware of any
improper conduct or wrongdoing in the course of conducting a
contract review under subsection (a), the Inspector General
shall, as expeditiously as practicable, refer information
relating to such improper conduct or wrongdoing to the
Secretary, or to another appropriate official of the
Department, who shall determine whether to temporarily suspend
the contractor from further participation in the Secure Border
Initiative.
(2) Report.--Upon the completion of each review described
in subsection (a), the Inspector General shall submit to the
Secretary of Homeland Security a report containing the findings
of the review, including findings regarding--
(A) cost overruns;
(B) significant delays in contract execution;
(C) lack of rigorous departmental contract
management;
(D) insufficient departmental financial oversight;
(E) bundling that limits the ability of small
businesses to compete; or
(F) other high risk business practices.
(c) Reports by the Secretary.--
(1) In general.--Not later than 30 days after the receipt
of each report required under subsection (b)(2), the Secretary
shall submit a report, to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives, that describes--
(A) the findings of the report received from the
Inspector General; and
(B) the steps the Secretary has taken, or plans to
take, to address the problems identified in such
report.
(2) Contracts with foreign companies.--Not later than 60
days after the initiation of each contract action with a
company whose headquarters is not based in the United States,
the Secretary shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, regarding the Secure Border
Initiative.
(d) Reports on United States Ports.--Not later that 30 days after
receiving information regarding a proposed purchase of a contract to
manage the operations of a United States port by a foreign entity, the
Committee on Foreign Investment in the United States shall submit a
report to Congress that describes--
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase;
and
(3) the manner in which such security concerns have been
addressed.
(e) Authorization of Appropriations.--In addition to amounts that
are otherwise authorized to be appropriated to the Office of the
Inspector General of the Department, there are authorized to be
appropriated to the Office, to enable the Office to carry out this
section--
(1) for fiscal year 2007, not less than 5 percent of the
overall budget of the Office for such fiscal year;
(2) for fiscal year 2008, not less than 6 percent of the
overall budget of the Office for such fiscal year; and
(3) for fiscal year 2009, not less than 7 percent of the
overall budget of the Office for such fiscal year.
TITLE II--INTERIOR ENFORCEMENT
SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.
(a) Asylum.--Section 208(b)(2)(A)(v) (8 U.S.C. 1158(b)(2)(A)(v)) is
amended by striking ``or (VI)'' and inserting ``(V), (VI), (VII), or
(VIII)''.
(b) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C.
1229b(c)(4)) is amended--
(1) by striking ``inadmissible under'' and inserting
``described in''; and
(2) by striking ``deportable under'' and inserting
``described in''.
(c) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C.
1229c(b)(1)(C)) is amended by striking ``deportable under section
237(a)(2)(A)(iii) or section 237(a)(4)'' and inserting ``described in
paragraph (2)(A)(iii) or (4) of section 237(a)''.
(d) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C.
1231(b)(3)(B)) is amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) in clause (iv) by striking the period at the end and
inserting ``; or'';
(3) by inserting after clause (iv) the following:
``(v) the alien is described in section
237(a)(4)(B) (other than an alien described in
section 212(a)(3)(B)(i)(IV) if the Secretary of
Homeland Security determines that there are not
reasonable grounds for regarding the alien as a
danger to the security of the United
States).''; and
(4) in the undesignated paragraph, by striking ``For
purposes of clause (iv), an alien who is described in section
237(a)(4)(B) shall be considered to be an alien with respect to
whom there are reasonable grounds for regarding as a danger to
the security of the United States.''.
(e) Record of Admission.--Section 249 (8 U.S.C. 1259) is amended to
read as follows:
``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN THE CASE OF
CERTAIN ALIENS WHO ENTERED THE UNITED STATES PRIOR TO
JANUARY 1, 1972.
``A record of lawful admission for permanent residence may be made,
in the discretion of the Secretary of Homeland Security and under such
regulations as the Secretary may prescribe, for any alien, as of the
date of the approval of the alien's application or, if entry occurred
before July 1, 1924, as of the date of such entry if no such record is
otherwise available, if the alien establishes that the alien--
``(1) is not described in section 212(a)(3)(E) or in
section 212(a) (insofar as it relates to criminals, procurers,
other immoral persons, subversives, violators of the narcotics
laws, or smugglers of aliens);
``(2) entered the United States before January 1, 1972;
``(3) has resided in the United States continuously since
such entry;
``(4) is a person of good moral character;
``(5) is not ineligible for citizenship; and
``(6) is not described in section 237(a)(4)(B).''.
(f) Effective Date and Application.--The amendments made by this
section shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to--
(A) any aliens in a removal, deportation, or
exclusion proceeding pending on or after the date of
the enactment of this Act; and
(B) any act or condition constituting a ground for
inadmissibility, excludability, or removal occurring or
existing before, on, or after the date of the enactment
of this Act.
SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.
(a) In General.--
(1) Amendments.--Section 241(a) (8 U.S.C. 1231(a)) is
amended--
(A) by striking ``Attorney General'' the first
place it appears and inserting ``Secretary of Homeland
Security'';
(B) by striking ``Attorney General'' any other
place it appears and inserting ``Secretary'';
(C) in paragraph (1)--
(i) in subparagraph (B), by amending clause
(ii) 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 expiration
date of the stay of removal.''.
(ii) by amending subparagraph (C) to read
as follows:
``(C) Extension 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--
``(i) make all reasonable efforts to comply
with the removal order; or
``(ii) fully cooperate with the Secretary's
efforts to establish the alien's identity and
carry out the removal order, including failing
to make timely application in good faith for
travel or other documents necessary to the
alien's departure, or conspiring or acting to
prevent the alien's removal.''; and
(iii) by adding at the end the following:
``(D) Tolling of period.--If, at the time described
in subparagraph (B), the alien is not in the custody of
the Secretary under the authority of this Act, the
removal period shall not begin until the alien is taken
into such custody. If the Secretary lawfully transfers
custody of the alien during the removal period to
another Federal agency or to a State or local
government agency in connection with the official
duties of such agency, the removal period shall be
tolled, and shall recommence on the date on which the
alien is returned to the custody of the Secretary.'';
(D) in paragraph (2), by adding at the end the
following: ``If a court, the Board of Immigration
Appeals, or an immigration judge orders a stay of
removal of an alien who is subject to an administrative
final order of removal, the Secretary, in the exercise
of discretion, may detain the alien during the pendency
of such stay of removal.'';
(E) in paragraph (3), by amending subparagraph (D)
to read as follows:
``(D) to obey reasonable restrictions on the
alien's conduct or activities, or to perform
affirmative acts, that the Secretary prescribes for the
alien--
``(i) to prevent the alien from absconding;
``(ii) for the protection of the community;
or
``(iii) for other purposes related to the
enforcement of the immigration laws.'';
(F) in paragraph (6), by striking ``removal period
and, if released,'' and inserting ``removal period, in
the discretion of the Secretary, without any
limitations other than those specified in this section,
until the alien is removed. If an alien is released,
the alien'';
(G) by redesignating paragraph (7) as paragraph
(10); and
(H) by inserting after paragraph (6) the following:
``(7) Parole.--If an alien detained pursuant to paragraph
(6) is an applicant for admission, the Secretary of Homeland
Security, in the Secretary's discretion, may parole the alien
under section 212(d)(5) 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) Additional rules for detention or release of
aliens.--The following procedures shall apply to an alien
detained under this section:
``(A) Detention review process for aliens who have
effected an entry and fully cooperate with removal.--
The Secretary of Homeland Security shall establish an
administrative review process to determine whether an
alien described in subparagraph (B) should be detained
or released after the removal period in accordance with
subparagraphs (C) and (E).
``(B) Alien described.--An alien is described in
this subparagraph if the alien--
``(i) has effected an entry into the United
States;
``(ii) has made all reasonable efforts to
comply with the alien's removal order;
``(iii) has cooperated fully with the
Secretary's efforts to establish the alien's
identity and to carry out the removal order,
including making timely application in good
faith for travel or other documents necessary
for the alien's departure; and
``(iv) has not conspired or acted to
prevent removal.
``(C) Evidence.--In making a determination under
subparagraph (A), the Secretary--
``(i) shall consider any evidence submitted
by the alien;
``(ii) may consider any other evidence,
including--
``(I) any information or assistance
provided by the Department of State or
other Federal agency; and
``(II) any other information
available to the Secretary pertaining
to the ability to remove the alien.
``(D) Authority to detain for 90 days beyond
removal period.--The Secretary, in the exercise of the
Secretary's discretion and without any limitations
other than those specified in this section, may detain
an alien for 90 days beyond the removal period
(including any extension of the removal period under
paragraph (1)(C)).
``(E) Authority to detain for additional period.--
The Secretary, in the exercise of the Secretary's
discretion and without any limitations other than those
specified in this section, may detain an alien beyond
the 90-day period authorized under subparagraph (D)
until the alien is removed, if the Secretary--
``(i) determines that there is a
significant likelihood that the alien will be
removed in the reasonably foreseeable future;
or
``(ii) certifies in writing--
``(I) in consultation with the
Secretary of Health and Human Services,
that 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, that the release of the alien
would likely have serious adverse
foreign policy consequences for the
United States;
``(III) based on information
available to the Secretary (including
classified, sensitive, or national
security information, and regardless of
the grounds upon which the alien was
ordered removed), that there is reason
to believe that the release of the
alien would threaten the national
security of the United States;
``(IV) that--
``(aa) the release of the
alien would threaten the safety
of the community or any person,
and conditions of release
cannot reasonably be expected
to ensure the safety of the
community or any person; and
``(bb) the alien--
``(AA) has been
convicted of 1 or more
aggravated felonies (as
defined in section
101(a)(43)(A)), or of 1
or more attempts or
conspiracies to commit
any such aggravated
felonies or such
crimes, for an
aggregate term of
imprisonment of at
least 5 years; or
``(BB) has
committed a crime of
violence (as defined in
section 16 of title 18,
United States Code, but
not including a purely
political offense) and,
because of a mental
condition or
personality disorder
and behavior associated
with that condition or
disorder, is likely to
engage in acts of
violence in the future;
or
``(V) that--
``(aa) the release of the
alien would threaten the safety
of the community or any person,
notwithstanding conditions of
release designed to ensure the
safety of the community or any
person; and
``(bb) the alien has been
convicted of 1 or more
aggravated felonies (as defined
in section 101(a)(43)) for
which the alien was sentenced
to an aggregate term of
imprisonment of not less than 1
year.
``(F) Administrative review process.--The
Secretary, without any limitations other than those
specified in this section, may detain an alien pending
a determination under subparagraph (E)(ii), if the
Secretary has initiated the administrative review
process identified in subparagraph (A) not later than
30 days after the expiration of the removal period
(including any extension of the removal period under
paragraph (1)(C)).
``(G) Renewal and delegation of certification.--
``(i) Renewal.--The Secretary may renew a
certification under subparagraph (E)(ii) every
6 months, without limitation, after providing
the alien with an opportunity to request
reconsideration of the certification and to
submit documents or other evidence in support
of that request. If the Secretary does not
renew such certification, the Secretary shall
release the alien, pursuant to subparagraph
(H).
``(ii) Delegation.--Notwithstanding any
other provision of law, the Secretary may not
delegate the authority to make or renew a
certification described in subclause (II),
(III), or (V) of subparagraph (E)(ii) to any
employee reporting to the Assistant Secretary
for Immigration and Customs Enforcement.
``(iii) Hearing.--The Secretary may request
that the Attorney General, or a designee of the
Attorney General, provide for a hearing to make
the determination described in subparagraph
(E)(ii)(IV)(bb)(BB).
``(H) Release on conditions.--If it is determined
that an alien should be released from detention, the
Secretary may, in the Secretary's discretion, impose
conditions on release in accordance with the
regulations prescribed pursuant to paragraph (3).
``(I) Redetention.--The Secretary, without any
limitations other than those specified in this section,
may detain any alien subject to a final removal order
who has previously been released from custody if--
``(i) the alien fails to comply with the
conditions of release;
``(ii) the alien fails to continue to
satisfy the conditions described in
subparagraph (B); or
``(iii) upon reconsideration, the Secretary
determines that the alien can be detained under
subparagraph (E).
``(J) Applicability.--This paragraph and paragraphs
(6) and (7) shall apply to any alien returned to
custody under subparagraph (I) as if the removal period
terminated on the day of the redetention.
``(K) Detention review process for aliens who have
effected an entry and fail to cooperate with removal.--
The Secretary shall detain an alien until the alien
makes all reasonable efforts to comply with a removal
order and to cooperate fully with the Secretary's
efforts, if the alien--
``(i) has effected an entry into the United
States; and
``(ii)(I) and the alien faces a significant
likelihood that the alien will be removed in
the reasonably foreseeable future, or would
have been removed if the alien had not--
``(aa) failed or refused to make
all reasonable efforts to comply with a
removal order;
``(bb) failed or refused to fully
cooperate with the Secretary's efforts
to establish the alien's identity and
carry out the removal order, including
the failure to make timely application
in good faith for travel or other
documents necessary to the alien's
departure; or
``(cc) conspired or acted to
prevent removal; or
``(II) the Secretary makes a certification
as specified in subparagraph (E), or the
renewal of a certification specified in
subparagraph (G).
``(L) Detention review process for aliens who have
not effected an entry.--Except as otherwise provided in
this subparagraph, the Secretary shall follow the
guidelines established in section 241.4 of title 8,
Code of Federal Regulations, when detaining aliens who
have not effected an entry. The Secretary may decide to
apply the review process outlined in this paragraph.
``(9) Judicial review.--Without regard to the place of
confinement, judicial review of any action or decision made
pursuant to paragraph (6), (7), or (8) shall be available
exclusively in a habeas corpus proceeding instituted in the
United States District Court for the District of Columbia and
only if the alien has exhausted all administrative remedies
(statutory and nonstatutory) available to the alien as of
right.''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall take effect on the date of the enactment
of this Act; and
(B) shall apply to--
(i) any alien 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
(ii) any act or condition occurring or
existing before, on, or after the date of the
enactment of this Act.
(b) Criminal Detention of Aliens.--Section 3142 of title 18, United
States Code, is amended--
(1) in subsection (e)--
(A) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), respectively;
(B) by inserting ``(1)'' before ``If, after a
hearing'';
(C) in subparagraphs (B) and (C), as redesignated,
by striking ``paragraph (1)'' and inserting
``subparagraph (A)''; and
(D) by adding after subparagraph (C), as
redesignated, the following:
``(2) Subject to rebuttal by the person, it shall be presumed that
no condition or combination of conditions will reasonably assure the
appearance of the person as required if the judicial officer finds that
there is probable cause to believe that the person--
``(A) is an alien; and
``(B)(i) has no lawful immigration status in the United
States;
``(ii) is the subject of a final order of removal; or
``(iii) has committed a felony offense under section 911,
922(g)(5), 1015, 1028, 1425, or 1426 of this title, chapter 75
or 77 of this title, or section 243, 274, 275, 276, 277, or 278
of the Immigration and Nationality Act (8 U.S.C. 1253, 1324,
1325, 1326, 2327, and 1328).''; and
(2) in subsection (g)(3)--
(A) in subparagraph (A), by striking ``and'' at the
end; and
(B) by adding at the end the following:
``(C) the person's immigration status; and''.
SEC. 203. AGGRAVATED FELONY.
Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended--
(1) by striking ``The term `aggravated felony' means--''
and inserting ``Notwithstanding any other provision of law
(including any provision providing an effective date), the term
`aggravated felony' applies to an offense described in this
paragraph, whether in violation of Federal or State law and to
such an offense in violation of the law of a foreign country,
for which the term of imprisonment was completed within the
previous 15 years, even if the length of the term of
imprisonment is based on recidivist or other enhancements and
regardless of whether the conviction was entered before, on, or
after September 30, 1996, and means--'';
(2) in subparagraph (N), by striking ``paragraph (1)(A) or
(2) of'';
(3) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275 or
276 for which the term of imprisonment is at least 1 year'';
(4) in subparagraph (U), by striking ``an attempt or
conspiracy to commit an offense described in this paragraph''
and inserting ``aiding or abetting an offense described in this
paragraph, or soliciting, counseling, procuring, commanding, or
inducing another, attempting, or conspiring to commit such an
offense''; and
(5) by striking the undesignated matter following
subparagraph (U).
SEC. 204. TERRORIST BARS.
(a) Definition of Good Moral Character.--Section 101(f) (8 U.S.C.
1101(f)) is amended--
(1) by inserting after paragraph (1) the following:
``(2) an alien described in section 212(a)(3) or 237(a)(4),
as determined by the Secretary of Homeland Security or Attorney
General based upon any relevant information or evidence,
including classified, sensitive, or national security
information;'';
(2) in paragraph (8), by striking ``(as defined in
subsection (a)(43))'' and inserting the following: ``,
regardless of whether the crime was defined as an aggravated
felony under subsection (a)(43) at the time of the conviction,
unless--
``(A) the person completed the term of imprisonment
and sentence not later than 10 years before the date of
application; and
``(B) the Secretary of Homeland Security or the
Attorney General waives the application of this
paragraph; or''; and
(3) in the undesignated matter following paragraph (9), by
striking ``a finding that for other reasons such person is or
was not of good moral character'' and inserting the following:
``a discretionary finding for other reasons that such a person
is or was not of good moral character. In determining an
applicant's moral character, the Secretary of Homeland Security
and the Attorney General may take into consideration the
applicant's conduct and acts at any time and are not limited to
the period during which good moral character is required.''.
(b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) is
amended by adding at the end the following: ``A petition may not be
approved under this section if there is any administrative or judicial
proceeding (whether civil or criminal) pending against the petitioner
that could directly or indirectly result in the petitioner's
denaturalization or the loss of the petitioner's lawful permanent
resident status.''.
(c) Conditional Permanent Resident Status.--
(1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is
amended by inserting ``if the alien has had the conditional
basis removed pursuant to this section'' before the period at
the end.
(2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C.
1186b(e)) is amended by inserting ``if the alien has had the
conditional basis removed pursuant to this section'' before the
period at the end.
(d) Judicial Review of Naturalization Applications.--Section 310(c)
(8 U.S.C. 1421(c)) is amended--
(1) by inserting ``, not later than 120 days after the
Secretary of Homeland Security's final determination,'' after
``may''; and
(2) by adding at the end the following: ``The petitioner
shall have the burden of showing that the Secretary's denial of
the application was contrary to law. Except in a proceeding
under section 340, and notwithstanding any other provision of
law, no court shall have jurisdiction to determine, or to
review a determination of the Secretary regarding, whether, for
purposes of an application for naturalization, an alien--
``(1) is a person of good moral character;
``(2) understands and is attached to the principles of the
Constitution of the United States; or
``(3) is well disposed to the good order and happiness of
the United States.''.
(e) Persons Endangering National Security.--Section 316 (8 U.S.C.
1427) is amended by adding at the end the following:
``(g) Persons Endangering the National Security.--A person may not
be naturalized if the Secretary of Homeland Security determines, based
upon any relevant information or evidence, including classified,
sensitive, or national security information, that the person was once
an alien described in section 212(a)(3) or 237(a)(4).''.
(f) Concurrent Naturalization and Removal Proceedings.--Section 318
(8 U.S.C. 1429) is amended by striking ``the Attorney General if'' and
all that follows and inserting: ``the Secretary of Homeland Security or
any court if there is pending against the applicant any removal
proceeding or other proceeding to determine the applicant's
inadmissibility or deportability, or to determine whether the
applicant's lawful permanent resident status should be rescinded,
regardless of when such proceeding was commenced. The findings of the
Attorney General in terminating removal proceedings or canceling the
removal of an alien under this Act shall not be deemed binding in any
way upon the Secretary of Homeland Security with respect to the
question of whether such person has established eligibility for
naturalization in accordance with this title.''.
(g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 1447(b))
is amended to read as follows:
``(b) Request for Hearing Before District Court.--If there is a
failure to render a final administrative decision under section 335
before the end of the 180-day period beginning on the date on which the
Secretary of Homeland Security completes all examinations and
interviews required under such section, the applicant may apply to the
district court for the district in which the applicant resides for a
hearing on the matter. Such district court shall only have jurisdiction
to review the basis for delay and remand the matter to the Secretary of
Homeland Security for the Secretary's determination on the
application.''.
(h) Effective Date.--The amendments made by this section--
(1) shall take effect on the date of the enactment of this
Act;
(2) shall apply to any act that occurred before, on, or
after such date of enactment; and
(3) shall apply to any application for naturalization or
any other case or matter under the immigration laws pending on,
or filed after, such date of enactment.
SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO GANG VIOLENCE,
REMOVAL, AND ALIEN SMUGGLING.
(a) Criminal Street Gangs.--
(1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended--
(A) by redesignating subparagraph (F) as
subparagraph (J); and
(B) by inserting after subparagraph (E) the
following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General
waives the application of this subparagraph, any alien
who a consular officer, the Attorney General, or the
Secretary of Homeland Security knows or has reason to
believe--
``(i) is, or has been, a member of a
criminal street gang (as defined in section
521(a) of title 18, United States Code); or
``(ii) has participated in the activities
of a criminal street gang, knowing or having
reason to know that such activities promoted,
furthered, aided, or supported the illegal
activity of the criminal gang,
is inadmissible.''.
(2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(F) Members of criminal street gangs.--Unless the
Secretary of Homeland Security or the Attorney General
waives the application of this subparagraph, any alien
who the Secretary of Homeland Security or the Attorney
General knows or has reason to believe--
``(i) is, or at any time after admission
has been, a member of a criminal street gang
(as defined in section 521(a) of title 18,
United States Code); or
``(ii) has participated in the activities
of a criminal street gang, knowing or having
reason to know that such activities promoted,
furthered, aided, or supported the illegal
activity of the criminal gang,
is deportable.''.
(3) Temporary protected status.--Section 244 (8 U.S.C.
1254a) is amended--
(A) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland
Security'';
(B) in subsection (b)(3)--
(i) in subparagraph (B), by striking the
last sentence and inserting the following:
``Notwithstanding any other provision of this
section, the Secretary of Homeland Security
may, for any reason (including national
security), terminate or modify any designation
under this section. Such termination or
modification is effective upon publication in
the Federal Register, or after such time as the
Secretary may designate in the Federal
Register.'';
(ii) in subparagraph (C), by striking ``a
period of 12 or 18 months'' and inserting ``any
other period not to exceed 18 months'';
(C) in subsection (c)--
(i) in paragraph (1)(B), by striking ``The
amount of any such fee shall not exceed $50.'';
(ii) in paragraph (2)(B)--
(I) in clause (i), by striking ``,
or'' at the end;
(II) in clause (ii), by striking
the period at the end and inserting ``;
or''; and
(III) by adding at the end the
following:
``(iii) the alien is, or at any time after
admission has been, a member of a criminal
street gang (as defined in section 521(a) of
title 18, United States Code).''; and
(D) in subsection (d)--
(i) by striking paragraph (3); and
(ii) in paragraph (4), by adding at the end
the following: ``The Secretary of Homeland
Security may detain an alien provided temporary
protected status under this section whenever
appropriate under any other provision of
law.''.
(b) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is
amended--
(1) in subsection (a)(1)--
(A) in the matter preceding subparagraph (A), by
inserting ``212(a) or'' after ``section''; and
(B) in the matter following subparagraph (D)--
(i) by striking ``or imprisoned not more
than four years'' and inserting ``and
imprisoned for not less than 6 months or more
than 5 years''; and
(ii) by striking ``, or both'';
(2) in subsection (b), by striking ``not more than $1000 or
imprisoned for not more than one year, or both'' and inserting
``under title 18, United States Code, and imprisoned for not
less than 6 months or more than 5 years (or for not more than
10 years if the alien is a member of any of the classes
described in paragraphs (1)(E), (2), (3), and (4) of section
237(a))''; and
(3) by amending subsection (d) to read as follows:
``(d) Denying Visas to Nationals of Country Denying or Delaying
Accepting Alien.--The Secretary of Homeland Security, after making a
determination that the government of a foreign country has denied or
unreasonably delayed accepting an alien who is a citizen, subject,
national, or resident of that country after the alien has been ordered
removed, and after consultation with the Secretary of State, may
instruct the Secretary of State to deny a visa to any citizen, subject,
national, or resident of that country until the country accepts the
alien that was ordered removed.''.
(c) Alien Smuggling and Related Offenses.--
(1) In general.--Section 274 (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.--Except as provided in
paragraph (3), a person shall be punished as provided under
paragraph (2), if the person--
``(A) facilitates, encourages, directs, or induces
a person to come to or enter the United States, or to
cross the border to the United States, knowing or in
reckless disregard of the fact that such person is an
alien who lacks lawful authority to come to, enter, or
cross the border to the United States;
``(B) facilitates, encourages, directs, or induces
a person to come to or enter the United States, or to
cross the border to 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,
knowing or in reckless disregard of the fact that such
person is an alien and regardless of whether such alien
has official permission or lawful authority to be in
the United States;
``(C) 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 1
country to another or on the high seas, under
circumstances in which the alien is seeking to enter
the United States without official permission or legal
authority;
``(D) encourages or induces a person to reside 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;
``(E) 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, if the
transportation or movement will further the alien's
illegal entry into or illegal presence in the United
States;
``(F) 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; or
``(G) conspires or attempts to commit any of the
acts described in subparagraphs (A) through (F).
``(2) Criminal penalties.--A person who violates any
provision under paragraph (1)--
``(A) except as provided in subparagraphs (C)
through (G), if the offense was not committed for
commercial advantage, profit, or private financial
gain, shall be fined under title 18, United States
Code, imprisoned for not more than 5 years, or both;
``(B) except as provided in subparagraphs (C)
through (G), if the offense was committed for
commercial advantage, profit, or private financial
gain--
``(i) if the violation is the offender's
first violation under this subparagraph, shall
be fined under such title, imprisoned for not
more than 20 years, or both; or
``(ii) if the violation is the offender's
second or subsequent violation of this
subparagraph, shall be fined under such title,
imprisoned for not less than 3 years or more
than 20 years, or both;
``(C) if the offense furthered or aided the
commission of any other offense against the United
States or any State that is punishable by imprisonment
for more than 1 year, shall be fined under such title,
imprisoned for not less than 5 years or more than 20
years, or both;
``(D) shall be fined under such title, imprisoned
not less than 5 years or more than 20 years, or both,
if the offense created a substantial and foreseeable
risk of death, a substantial and foreseeable risk of
serious bodily injury (as defined in section 2119(2) of
title 18, United States Code), or inhumane conditions
to another person, including--
``(i) transporting the person in an engine
compartment, storage compartment, or other
confined space;
``(ii) transporting the person at an
excessive speed or in excess of the rated
capacity of the means of transportation; or
``(iii) transporting the person in,
harboring the person in, or otherwise
subjecting the person to crowded or dangerous
conditions;
``(E) if the offense caused serious bodily injury
(as defined in section 2119(2) of title 18, United
States Code) to any person, shall be fined under such
title, imprisoned for not less than 7 years or more
than 30 years, or both;
``(F) shall be fined under such title and
imprisoned for not less than 10 years or more than 30
years if the offense involved an alien who the offender
knew or had reason to believe was--
``(i) engaged in terrorist activity (as
defined in section 212(a)(3)(B)); or
``(ii) intending to engage in terrorist
activity;
``(G) if the offense caused or resulted in the
death of any person, shall be punished by death or
imprisoned for a term of years not less than 10 years
and up to life, and fined under title 18, United States
Code.
``(3) Limitation.--It is not a violation of subparagraph
(D), (E), or (F) of paragraph (1)--
``(A) for a religious denomination having a bona
fide nonprofit, religious organization in the United
States, or the agents or officers of such denomination
or organization, to encourage, invite, call, allow, or
enable an alien who is present in the United States to
perform the vocation of a minister or missionary for
the denomination or organization in the United States
as a volunteer who is not compensated as an employee,
notwithstanding the provision of room, board, travel,
medical assistance, and other basic living expenses,
provided the minister or missionary has been a member
of the denomination for at least 1 year; or
``(B) for an individual to provide an alien with
emergency humanitarian assistance, including emergency
medical care and food, or to transport the alien to a
location where such assistance can be rendered,
provided that such assistance is rendered without
compensation or the expectation of compensation.
``(4) Extraterritorial jurisdiction.--There is
extraterritorial Federal jurisdiction over the offenses
described in this subsection.
``(b) Employment of Unauthorized Aliens.--
``(1) Criminal offense and penalties.--Any person who,
during any 12-month period, knowingly employs 10 or more
individuals with actual knowledge or in reckless disregard of
the fact that the individuals are aliens described in paragraph
(2), shall be fined under title 18, United States Code,
imprisoned for not more than 10 years, or both.
``(2) Definition.--An alien described in this paragraph is
an alien who--
``(A) is an unauthorized alien (as defined in
section 274A(h)(3));
``(B) is present in the United States without
lawful authority; and
``(C) has been brought into the United States in
violation of this subsection.
``(c) Seizure and Forfeiture.--
``(1) In general.--Any real or personal property 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, except that such duties as are imposed upon the
Secretary of the Treasury under the customs laws described in
section 981(d) shall be performed by such officers, agents, and
other persons as may be designated for that purpose by the
Secretary of Homeland Security.
``(3) Prima facie evidence in determinations of
violations.--In determining whether a violation of subsection
(a) has occurred, prima facie evidence that an alien involved
in the alleged violation lacks lawful authority to come to,
enter, reside in, remain in, or be in the United States or that
such alien had come to, entered, resided in, remained in, or
been present in the United States in violation of law shall
include--
``(A) any order, finding, or determination
concerning the alien's status or lack of status made by
a Federal judge or administrative adjudicator
(including an immigration judge or immigration officer)
during any judicial or administrative proceeding
authorized under Federal immigration law;
``(B) official records of the Department of
Homeland Security, the Department of Justice, or the
Department of State concerning the alien's status or
lack of status; and
``(C) testimony by an immigration officer having
personal knowledge of the facts concerning the alien's
status or lack of status.
``(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--
``(1) officers and employees designated by the Secretary of
Homeland Security, either individually or as a member of a
class; and
``(2) other officers responsible for the enforcement of
Federal criminal laws.
``(e) Admissibility of Videotaped Witness 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--
``(1) the witness was available for cross examination at
the deposition by the party, if any, opposing admission of the
testimony; and
``(2) the deposition otherwise complies with the Federal
Rules of Evidence.
``(f) Outreach Program.--
``(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General and the Secretary of
State, as appropriate, shall--
``(A) develop and implement an outreach program to
educate people in and out of the United States about
the penalties for bringing in and harboring aliens in
violation of this section; and
``(B) establish the American Local and Interior
Enforcement Needs (ALIEN) Task Force to identify and
respond to the use of Federal, State, and local
transportation infrastructure to further the
trafficking of unlawful aliens within the United
States.
``(2) Field offices.--The Secretary of Homeland Security,
after consulting with State and local government officials,
shall establish such field offices as may be necessary to carry
out this subsection.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums are necessary for the
fiscal years 2007 through 2011 to carry out this subsection.
``(g) Definitions.--In this section:
``(1) Crossed the border into the united states.--An alien
is deemed to have crossed the border into the United States
regardless of whether the alien is free from official
restraint.
``(2) Lawful authority.--The term `lawful authority' means
permission, authorization, or license that is expressly
provided for in the immigration laws of the United States or
accompanying regulations. The term does not include any such
authority secured by fraud or otherwise obtained in violation
of law or authority sought, but not approved. No alien shall be
deemed to have lawful authority to come to, enter, reside in,
remain in, or be in the United States if such coming to, entry,
residence, remaining, or presence was, is, or would be in
violation of law.
``(3) Proceeds.--The term `proceeds' includes any property
or interest in property obtained or retained as a consequence
of an act or omission in violation of this section.
``(4) Unlawful transit.--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 the alien is traveling or moving.''.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 274 and inserting the
following:
``Sec. 274. Alien smuggling and related offenses.''.
(d) Prohibiting Carrying or Using a Firearm During and in Relation
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States
Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, alien
smuggling crime,'' after ``any crime of violence'';
(B) in subparagraph (A), by inserting ``, alien
smuggling crime,'' after ``such crime of violence'';
(C) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(2) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien smuggling
crime' means any felony punishable under section 274(a), 277, or 278 of
the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, and
1328).''.
SEC. 206. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF AN ALIEN.
(a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as
follows:
``SEC. 275. ILLEGAL ENTRY OR UNLAWFUL PRESENCE OF AN ALIEN.
``(a) In General.--
``(1) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (2) if the alien--
``(A) knowingly enters or crosses the border into
the United States at any time or place other than as
designated by the Secretary of Homeland Security;
``(B) knowingly eludes examination or inspection by
an immigration officer;
``(C) knowingly enters or crosses the border to the
United States by means of a knowingly false or
misleading representation or the knowing concealment of
a material fact; or
``(D) is otherwise present in the United States,
knowing that such presence violates the terms and
conditions of any admission, parole, immigration
status, or authorized stay granted the alien under this
Act.
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined
under title 18, United States Code, imprisoned not more
than 6 months, or both;
``(B) shall, for a second or subsequent violation,
or following an order of voluntary departure, be fined
under such title, imprisoned not more than 2 years, or
both;
``(C) if the violation occurred after the alien had
been convicted of 3 or more misdemeanors or for a
felony, shall be fined under such title, imprisoned not
more than 10 years, or both;
``(D) if the violation occurred after the alien had
been convicted of a felony for which the alien received
a term of imprisonment of not less than 30 months,
shall be fined under such title, imprisoned not more
than 15 years, or both; and
``(E) if the violation occurred after the alien had
been convicted of a felony for which the alien received
a term of imprisonment of not less than 60 months, such
alien shall be fined under such title, imprisoned not
more than 20 years, or both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) through (E) of paragraph (2) are elements
of the offenses described in that paragraph and the penalties
in such subparagraphs shall apply only in cases in which the
conviction or convictions that form the basis for the
additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or
admitted by the defendant.
``(4) Duration of offense.--An offense under this
subsection continues until the alien is discovered within the
United States by an immigration officer.
``(b) Improper Time or Place; Civil Penalties.--
``(1) In general.--Any alien who is apprehended while
entering, attempting to enter, or knowingly crossing or
attempting to cross the border to the United States at a time
or place other than as designated by immigration officers shall
be subject to a civil penalty, in addition to any criminal or
other civil penalties that may be imposed under any other
provision of law, in an amount equal to--
``(A) not less than $50 or more than $250 for each
such entry, crossing, attempted entry, or attempted
crossing; or
``(B) twice the amount specified in paragraph (1)
if the alien had previously been subject to a civil
penalty under this subsection.
``(2) Crossed the border defined.--In this section, an
alien is deemed to have crossed the border if the act was
voluntary, regardless of whether the alien was under
observation at the time of the crossing.''.
(b) Clerical Amendment.--The table of contents is amended by
striking the item relating to section 275 and inserting the following:
``Sec. 275. Illegal entry or unlawful presence of an alien.''.
SEC. 207. ILLEGAL REENTRY.
Section 276 (8 U.S.C. 1326) is amended to read as follows:
``SEC. 276. REENTRY OF REMOVED ALIEN.
``(a) Reentry After Removal.--Any alien who has been denied
admission, excluded, deported, or removed, or who has departed the
United States while an order of exclusion, deportation, or removal is
outstanding, and subsequently enters, attempts to enter, crosses the
border to, attempts to cross the border to, or is at any time found in
the United States, shall be fined under title 18, United States Code,
imprisoned not more than 2 years, or both.
``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty
provided in subsection (a), if an alien described in that subsection--
``(1) was convicted for 3 or more misdemeanors or a felony
before such removal or departure, the alien shall be fined
under title 18, United States Code, imprisoned not more than 10
years, or both;
``(2) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 30 months, the alien shall be
fined under such title, imprisoned not more than 15 years, or
both;
``(3) was convicted for a felony before such removal or
departure for which the alien was sentenced to a term of
imprisonment of not less than 60 months, the alien shall be
fined under such title, imprisoned not more than 20 years, or
both;
``(4) was convicted for 3 felonies before such removal or
departure, the alien shall be fined under such title,
imprisoned not more than 20 years, or both; or
``(5) was convicted, before such removal or departure, for
murder, rape, kidnaping, or a felony offense described in
chapter 77 (relating to peonage and slavery) or 113B (relating
to terrorism) of such title, the alien shall be fined under
such title, imprisoned not more than 20 years, or both.
``(c) Reentry After Repeated Removal.--Any alien who has been
denied admission, excluded, deported, or removed 3 or more times and
thereafter enters, attempts to enter, crosses the border to, attempts
to cross the border to, or is at any time found in the United States,
shall be fined under title 18, United States Code, imprisoned not more
than 10 years, or both.
``(d) Proof of Prior Convictions.--The prior convictions described
in subsection (b) are elements of the crimes described in that
subsection, and the penalties in that subsection shall apply only in
cases in which the conviction or convictions that form the basis for
the additional penalty are--
``(1) alleged in the indictment or information; and
``(2) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(e) Affirmative Defenses.--It shall be an affirmative defense to
a violation of this section that--
``(1) prior to the alleged violation, the alien had sought
and received the express consent of the Secretary of Homeland
Security to reapply for admission into the United States; or
``(2) with respect to an alien previously denied admission
and removed, the alien--
``(A) was not required to obtain such advance
consent under the Immigration and Nationality Act or
any prior Act; and
``(B) had complied with all other laws and
regulations governing the alien's admission into the
United States.
``(f) Limitation on Collateral Attack on Underlying Removal
Order.--In a criminal proceeding under this section, an alien may not
challenge the validity of any prior removal order concerning the alien
unless the alien demonstrates by clear and convincing evidence that--
``(1) the alien exhausted all administrative remedies that
may have been available to seek relief against the order;
``(2) the removal proceedings at which the order was issued
improperly deprived the alien of the opportunity for judicial
review; and
``(3) the entry of the order was fundamentally unfair.
``(g) Reentry of Alien Removed Prior to Completion of Term of
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who
enters, attempts to enter, crosses the border to, attempts to cross the
border to, or is at any time found in, the United States shall be
incarcerated for the remainder of the sentence of imprisonment which
was pending at the time of deportation without any reduction for parole
or supervised release unless the alien affirmatively demonstrates that
the Secretary of Homeland Security has expressly consented to the
alien's reentry. Such alien shall be subject to such other penalties
relating to the reentry of removed aliens as may be available under
this section or any other provision of law.
``(h) Limitation.--It is not aiding and abetting a violation of
this section for an individual to provide an alien with emergency
humanitarian assistance, including emergency medical care and food, or
to transport the alien to a location where such assistance can be
rendered, provided that such assistance is rendered without
compensation or the expectation of compensation.
``(i) Definitions.--In this section:
``(1) Crosses the border.--The term `crosses the border'
applies if an alien acts voluntarily, regardless of whether the
alien was under observation at the time of the crossing.
``(2) Felony.--Term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under
the laws of the United States, any State, or a foreign
government.
``(3) Misdemeanor.--The term `misdemeanor' means any
criminal offense punishable by a term of imprisonment of not
more than 1 year under the applicable laws of the United
States, any State, or a foreign government.
``(4) Removal.--The term `removal' includes any denial of
admission, exclusion, deportation, or removal, or any agreement
by which an alien stipulates or agrees to exclusion,
deportation, or removal.
``(5) State.--The term `State' means a State of the United
States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.''.
SEC. 208. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.
(a) In General.--Chapter 75 of title 18, United States Code, is
amended to read as follows:
``CHAPTER 75--PASSPORT, VISA, AND IMMIGRATION FRAUD
``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Additional venue.
``1553. Definitions.
``1554. Authorized law enforcement activities.
``Sec. 1541. Trafficking in passports
``(a) Multiple Passports.--Any person who, during any 3-year
period, knowingly-
``(1) and without lawful authority produces, issues, or
transfers 10 or more passports;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more passports;
``(3) secures, possesses, uses, receives, buys, sells, or
distributes 10 or more passports, knowing the passports to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more applications for a United States passport
(including any supporting documentation), knowing the
applications to contain any false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(b) Passport Materials.--Any person who knowingly and without
lawful authority produces, counterfeits, secures, possesses, or uses
any official paper, seal, hologram, image, text, symbol, stamp,
engraving, plate, or other material used to make a passport shall be
fined under this title, imprisoned not more than 20 years, or both.
``Sec. 1542. False statement in an application for a passport
``Any person who knowingly--
``(1) makes any false statement or representation in an
application for a United States passport (including any
supporting documentation);
``(2) completes, mails, prepares, presents, signs, or
submits an application for a United States passport (including
any supporting documentation) knowing the application to
contain any false statement or representation; or
``(3) causes or attempts to cause the production of a
passport by means of any fraud or false application for a
United States passport (including any supporting
documentation), if such production occurs or would occur at a
facility authorized by the Secretary of State for the
production of passports,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``Sec. 1543. Forgery and unlawful production of a passport
``(a) Forgery.--Any person who--
``(1) knowingly forges, counterfeits, alters, or falsely
makes any passport; or
``(2) knowingly transfers any passport knowing it to be
forged, counterfeited, altered, falsely made, stolen, or to
have been produced or issued without lawful authority,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Unlawful Production.--Any person who knowingly and without
lawful authority--
``(1) produces, issues, authorizes, or verifies a passport
in violation of the laws, regulations, or rules governing the
issuance of the passport;
``(2) produces, issues, authorizes, or verifies a United
States passport for or to any person not owing allegiance to
the United States; or
``(3) transfers or furnishes a passport to a person for use
when such person is not the person for whom the passport was
issued or designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``Sec. 1544. Misuse of a passport
``(a) In General.--Any person who--
``(1) knowingly uses any passport issued or designed for
the use of another;
``(2) knowingly uses any passport in violation of the
conditions or restrictions therein contained, or in violation
of the laws, regulations, or rules governing the issuance and
use of the passport;
``(3) knowingly secures, possesses, uses, receives, buys,
sells, or distributes any passport knowing it to be forged,
counterfeited, altered, falsely made, procured by fraud, or
produced or issued without lawful authority; or
``(4) knowingly violates the terms and conditions of any
safe conduct duly obtained and issued under the authority of
the United States,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Entry; Fraud.--Any person who knowingly uses any passport,
knowing the passport to be forged, counterfeited, altered, falsely
made, procured by fraud, produced or issued without lawful authority,
or issued or designed for the use of another--
``(1) to enter or to attempt to enter the United States; or
``(2) to defraud the United States, a State, or a political
subdivision of a State,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``Sec. 1545. Schemes to defraud aliens
``(a) In General.--Any person who knowingly executes a scheme or
artifice, in connection with any matter that is authorized by or arises
under Federal immigration laws, or any matter the offender claims or
represents is authorized by or arises under Federal immigration laws--
``(1) to defraud any person, or
``(2) to obtain or receive from any person, by means of
false or fraudulent pretenses, representations, promises, money
or anything else of value,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Misrepresentation.--Any person who knowingly and falsely
represents himself to be an attorney in any matter arising under
Federal immigration laws shall be fined under this title, imprisoned
not more than 15 years, or both.
``Sec. 1546. Immigration and visa fraud
``(a) In General.--Any person who knowingly--
``(1) uses any immigration document issued or designed for
the use of another;
``(2) forges, counterfeits, alters, or falsely makes any
immigration document;
``(3) completes, mails, prepares, presents, signs, or
submits any immigration document knowing it to contain any
materially false statement or representation;
``(4) secures, possesses, uses, transfers, receives, buys,
sells, or distributes any immigration document knowing it to be
forged, counterfeited, altered, falsely made, stolen, procured
by fraud, or produced or issued without lawful authority;
``(5) adopts or uses a false or fictitious name to evade or
to attempt to evade the immigration laws; or
``(6) transfers or furnishes an immigration document to a
person without lawful authority for use if such person is not
the person for whom the immigration document was issued or
designed,
shall be fined under this title, imprisoned not more than 15 years, or
both.
``(b) Multiple Violations.--Any person who, during any 3-year
period, knowingly--
``(1) and without lawful authority produces, issues, or
transfers 10 or more immigration documents;
``(2) forges, counterfeits, alters, or falsely makes 10 or
more immigration documents;
``(3) secures, possesses, uses, buys, sells, or distributes
10 or more immigration documents, knowing the immigration
documents to be forged, counterfeited, altered, stolen, falsely
made, procured by fraud, or produced or issued without lawful
authority; or
``(4) completes, mails, prepares, presents, signs, or
submits 10 or more immigration documents knowing the documents
to contain any materially false statement or representation,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(c) Immigration Document Materials.--Any person who knowingly and
without lawful authority produces, counterfeits, secures, possesses, or
uses any official paper, seal, hologram, image, text, symbol, stamp,
engraving, plate, or other material, used to make an immigration
document shall be fined under this title, imprisoned not more than 20
years, or both.
``Sec. 1547. Marriage fraud
``(a) Evasion or Misrepresentation.--Any person who--
``(1) knowingly enters into a marriage for the purpose of
evading any provision of the immigration laws; or
``(2) knowingly misrepresents the existence or
circumstances of a marriage--
``(A) in an application or document authorized by
the immigration laws; or
``(B) 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 this title, imprisoned not more than 10 years, or
both.
``(b) Multiple Marriages.--Any person who--
``(1) knowingly enters into 2 or more marriages for the
purpose of evading any immigration law; or
``(2) knowingly arranges, supports, or facilitates 2 or
more marriages designed or intended to evade any immigration
law,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``(c) Commercial Enterprise.--Any person who knowingly establishes
a commercial enterprise for the purpose of evading any provision of the
immigration laws shall be fined under this title, imprisoned for not
more than 10 years, or both.
``(d) Duration of Offense.--
``(1) In general.--An offense under subsection (a) or (b)
continues until the fraudulent nature of the marriage or
marriages is discovered by an immigration officer.
``(2) Commercial enterprise.--An offense under subsection
(c) continues until the fraudulent nature of commercial
enterprise is discovered by an immigration officer or other law
enforcement officer.
``Sec. 1548. Attempts and conspiracies
``Any person who attempts or conspires to violate any section of
this chapter shall be punished in the same manner as a person who
completed a violation of that section.
``Sec. 1549. Alternative penalties for certain offenses
``(a) Terrorism.--Any person who violates any section of this
chapter--
``(1) knowing that such violation will facilitate an act of
international terrorism or domestic terrorism (as those terms
are defined in section 2331); or
``(2) with the intent to facilitate an act of international
terrorism or domestic terrorism,
shall be fined under this title, imprisoned not more than 25 years, or
both.
``(b) Offense Against Government.--Any person who violates any
section of this chapter--
``(1) knowing that such violation will facilitate the
commission of any offense against the United States (other than
an offense in this chapter) or against any State, which offense
is punishable by imprisonment for more than 1 year; or
``(2) with the intent to facilitate the commission of any
offense against the United States (other than an offense in
this chapter) or against any State, which offense is punishable
by imprisonment for more than 1 year,
shall be fined under this title, imprisoned not more than 20 years, or
both.
``Sec. 1550. Seizure and forfeiture
``(a) Forfeiture.--Any property, real or personal, used to commit
or facilitate the commission of a violation of any section of this
chapter, the gross proceeds of such violation, and any property
traceable to such property or proceeds, shall be subject to forfeiture.
``(b) Applicable Law.--Seizures and forfeitures under this section
shall be governed by the provisions of chapter 46 relating to civil
forfeitures, except that such duties as are imposed upon the Secretary
of the Treasury under the customs laws described in section 981(d)
shall be performed by such officers, agents, and other persons as may
be designated for that purpose by the Secretary of Homeland Security,
the Secretary of State, or the Attorney General.
``Sec. 1551. Additional jurisdiction
``(a) In General.--Any person who commits an offense under this
chapter within the special maritime and territorial jurisdiction of the
United States shall be punished as provided under this chapter.
``(b) Extraterritorial Jurisdiction.--Any person who commits an
offense under this chapter outside the United States shall be punished
as provided under this chapter if--
``(1) the offense involves a United States immigration
document (or any document purporting to be such a document) or
any matter, right, or benefit arising under or authorized by
Federal immigration laws;
``(2) the offense is in or affects foreign commerce;
``(3) the offense affects, jeopardizes, or poses a
significant risk to the lawful administration of Federal
immigration laws, or the national security of the United
States;
``(4) the offense is committed to facilitate an act of
international terrorism (as defined in section 2331) or a drug
trafficking crime (as defined in section 929(a)(2)) that
affects or would affect the national security of the United
States;
``(5) the offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22))) or an alien lawfully
admitted for permanent residence in the United States (as
defined in section 101(a)(20) of such Act); or
``(6) the offender is a stateless person whose habitual
residence is in the United States.
``Sec. 1552. Additional venue
``(a) In General.--An offense under section 1542 may be prosecuted
in--
``(1) any district in which the false statement or
representation was made;
``(2) any district in which the passport application was
prepared, submitted, mailed, received, processed, or
adjudicated; or
``(3) in the case of an application prepared and
adjudicated outside the United States, in the district in which
the resultant passport was produced.
``(b) Savings Clause.--Nothing in this section limits the venue
otherwise available under sections 3237 and 3238.
``Sec. 1553. Definitions
``As used in this chapter:
``(1) The term `falsely make' means to prepare or complete
an immigration document with knowledge or in reckless disregard
of the fact that the document--
``(A) contains a statement or representation that
is false, fictitious, or fraudulent;
``(B) has no basis in fact or law; or
``(C) otherwise fails to state a fact which is
material to the purpose for which the document was
created, designed, or submitted.
``(2) The term a `false statement or representation'
includes a personation or an omission.
``(3) The term `felony' means any criminal offense
punishable by a term of imprisonment of more than 1 year under
the laws of the United States, any State, or a foreign
government.
``(4) The term `immigration document'--
``(A) means--
``(i) any passport or visa; or
``(ii) any application, petition,
affidavit, declaration, attestation, form,
identification card, alien registration
document, employment authorization document,
border crossing card, certificate, permit,
order, license, stamp, authorization, grant of
authority, or other evidentiary document,
arising under or authorized by the immigration
laws of the United States; and
``(B) includes any document, photograph, or other
piece of evidence attached to or submitted in support
of an immigration document.
``(5) The term `immigration laws' includes--
``(A) the laws described in section 101(a)(17) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(17));
``(B) the laws relating to the issuance and use of
passports; and
``(C) the regulations prescribed under the
authority of any law described in paragraphs (1) and
(2).
``(6) The term `immigration proceeding' includes an
adjudication, interview, hearing, or review.
``(7) A person does not exercise `lawful authority' if the
person abuses or improperly exercises lawful authority the
person otherwise holds.
``(8) The term `passport' means a travel document attesting
to the identity and nationality of the bearer that is issued
under the authority of the Secretary of State, a foreign
government, or an international organization; or any instrument
purporting to be the same.
``(9) The term `produce' means to make, prepare, assemble,
issue, print, authenticate, or alter.
``(10) The term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.
``Sec. 1554. Authorized law enforcement activities
``Nothing in this chapter shall prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political
subdivision of a State, or an intelligence agency of the United States,
or any activity authorized under title V of the Organized Crime Control
Act of 1970 (84 Stat. 933).''.
(b) Clerical Amendment.--The table of chapters in title 18, United
States Code, is amended by striking the item relating to chapter 75 and
inserting the following:
``75. Passport, visa, and immigration fraud................. 1541''.
SEC. 209. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION
FRAUD OFFENSES.
(a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
1182(a)(2)(A)(i)) is amended-
(1) in subclause (I), by striking ``, or'' at the end and
inserting a semicolon;
(2) in subclause (II), by striking the comma at the end and
inserting ``; or''; and
(3) by inserting after subclause (II) the following:
``(III) a violation of (or a
conspiracy or attempt to violate) any
provision of chapter 75 of title 18,
United States Code,''.
(b) Removal.--Section 237(a)(3)(B)(iii) (8 U.S.C.
1227(a)(3)(B)(iii)) is amended to read as follows:
``(iii) of a violation of any provision of
chapter 75 of title 18, United States Code,''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to proceedings pending on or after the date of the
enactment of this Act.
SEC. 210. INCARCERATION OF CRIMINAL ALIENS.
(a) Institutional Removal Program.--
(1) Continuation.--The Secretary shall continue to operate
the Institutional Removal Program (referred to in this section
as the ``Program'') or shall develop and implement another
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 may extend the scope of the
Program to all States.
(b) Authorization for Detention After Completion of State or Local
Prison Sentence.--Law enforcement officers of a State or political
subdivision of a State may--
(1) hold an illegal alien for a period not to exceed 14
days after the completion of the alien's State prison sentence
to effectuate the transfer of the alien to Federal custody if
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 authorized employees of the Bureau of Immigration
and Customs Enforcement can take the alien into custody.
(c) Technology Usage.--Technology, such as videoconferencing, shall
be used to the maximum extent practicable to make the Program available
in remote locations. Mobile access to Federal databases of aliens, such
as IDENT, and live scan technology shall be used to the maximum extent
practicable to make these resources available to State and local law
enforcement agencies in remote locations.
(d) Report to Congress.--Not later than 6 months after the date of
the enactment of this Act, and annually thereafter, the Secretary shall
submit a report to Congress on the participation of States in the
Program and in any other program authorized under subsection (a).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary in each of the fiscal years
2007 through 2011 to carry out the Program.
SEC. 211. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.
(a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Instead of removal proceedings.--If an alien is not
described in paragraph (2)(A)(iii) or (4) of section 237(a),
the Secretary of Homeland Security may permit the alien to
voluntarily depart the United States at the alien's own expense
under this subsection instead of being subject to proceedings
under section 240.'';
(B) by striking paragraph (3);
(C) by redesignating paragraph (2) as paragraph
(3);
(D) by adding after paragraph (1) the following:
``(2) Before the conclusion of removal proceedings.--If an
alien is not described in paragraph (2)(A)(iii) or (4) of
section 237(a), the Attorney General may permit the alien to
voluntarily depart the United States at the alien's own expense
under this subsection after the initiation of removal
proceedings under section 240 and before the conclusion of such
proceedings before an immigration judge.'';
(E) in paragraph (3), as redesignated--
(i) by amending subparagraph (A) to read as
follows:
``(A) Instead of removal.--Subject to subparagraph
(C), permission to voluntarily depart under paragraph
(1) shall not be valid for any period in excess of 120
days. The Secretary may require an alien permitted to
voluntarily depart 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) by redesignating subparagraphs (B),
(C), and (D) as paragraphs (C), (D), and (E),
respectively;
(iii) by adding after subparagraph (A) the
following:
``(B) Before the conclusion of removal
proceedings.--Permission to voluntarily depart under
paragraph (2) shall not be valid for any period in
excess of 60 days, and may be granted only after a
finding that the alien has the means to depart the
United States and intends to do so. An alien permitted
to voluntarily depart under paragraph (2) shall 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 the requirement to post a voluntary departure
bond in individual cases upon a finding that the alien
has presented compelling evidence that the posting of a
bond will pose a serious financial hardship and the
alien has presented credible evidence that such a bond
is unnecessary to guarantee timely departure.'';
(iv) in subparagraph (C), as redesignated,
by striking ``subparagraphs (C) and(D)(ii)''
and inserting ``subparagraphs (D) and
(E)(ii)'';
(v) in subparagraph (D), as redesignated,
by striking ``subparagraph (B)'' each place
that term appears and inserting ``subparagraph
(C)''; and
(vi) in subparagraph (E), as redesignated,
by striking ``subparagraph (B)'' each place
that term appears and inserting ``subparagraph
(C)''; and
(F) in paragraph (4), by striking ``paragraph (1)''
and inserting ``paragraphs (1) and (2)'';
(2) in subsection (b)(2), by striking ``a period exceeding
60 days'' and inserting ``any period in excess of 45 days'';
(3) by amending subsection (c) to read as follows:
``(c) Conditions on Voluntary Departure.--
``(1) Voluntary departure agreement.--Voluntary departure
may only be granted 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 may agree to a reduction in
the period of inadmissibility under subparagraph (A) or (B)(i)
of section 212(a)(9).
``(3) Advisals.--Agreements relating to voluntary departure
granted during removal proceedings under section 240, or at the
conclusion of such proceedings, shall be presented on the
record before the immigration judge. The immigration judge
shall advise the alien of the consequences of a voluntary
departure agreement before accepting such agreement.
``(4) Failure to comply with agreement.--
``(A) In general.--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 failure to timely post any
required bond), the alien is--
``(i) ineligible for the benefits of the
agreement;
``(ii) subject to the penalties described
in subsection (d); and
``(iii) subject to an alternate order of
removal if voluntary departure was granted
under subsection (a)(2) or (b).
``(B) Effect of filing timely appeal.--If, after
agreeing to voluntary departure, the alien 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 of such
agreement, but precludes the alien from another grant
of voluntary departure while the alien remains in the
United States.
``(5) Voluntary departure period not affected.--Except as
expressly agreed to by the Secretary 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.'';
(4) by amending subsection (d) to read as follows:
``(d) Penalties for Failure To Depart.--If an alien is permitted to
voluntarily depart under this section and fails to voluntarily depart
from the United States within the time period specified or otherwise
violates the terms of a voluntary departure agreement, the alien will
be subject to the following penalties:
``(1) Civil penalty.--The alien shall be liable for a civil
penalty of $3,000. The order allowing voluntary departure shall
specify the amount of the penalty, which shall be acknowledged
by the alien on the record. If the Secretary 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. An alien will be ineligible for
any benefits under this chapter until this civil penalty is
paid.
``(2) Ineligibility for relief.--The alien shall 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. The order permitting the alien to depart
voluntarily shall inform the alien of the penalties under this
subsection.
``(3) Reopening.--The alien shall be ineligible to reopen
the final order of removal that took effect upon the alien's
failure to depart, or upon the alien's other violations of the
conditions for voluntary departure, during the period described
in paragraph (2). This paragraph does not preclude a motion to
reopen to seek withholding of removal under section 241(b)(3)
or protection against torture, if the motion--
``(A) presents material evidence of changed country
conditions arising after the date of the order granting
voluntary departure in the country to which the alien
would be removed; and
``(B) makes a sufficient showing to the
satisfaction of the Attorney General that the alien is
otherwise eligible for such protection.''; and
(5) by amending subsection (e) to read as follows:
``(e) Eligibility.--
``(1) Prior grant of voluntary departure.--An alien shall
not be permitted to voluntarily depart under this section if
the Secretary of Homeland Security or the Attorney General
previously permitted the alien to depart voluntarily.
``(2) Rulemaking.--The Secretary may promulgate regulations
to limit eligibility or impose additional conditions for
voluntary departure under subsection (a)(1) for any class of
aliens. The Secretary or Attorney General may by regulation
limit eligibility or impose additional conditions for voluntary
departure under subsections (a)(2) or (b) of this section for
any class or classes of aliens.''; and
(6) in subsection (f), by adding at the end the following:
``Notwithstanding section 242(a)(2)(D) of this Act, sections
1361, 1651, and 2241 of title 28, United States Code, any other
habeas corpus provision, and any other provision of law
(statutory or nonstatutory), no court shall have jurisdiction
to affect, reinstate, enjoin, delay, stay, or toll the period
allowed for voluntary departure under this section.''.
(b) Rulemaking.--The Secretary shall promulgate regulations to
provide for the imposition and collection of penalties for failure to
depart under section 240B(d) of the Immigration and Nationality Act (8
U.S.C. 1229c(d)).
(c) 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 enactment of this
Act.
(2) Exception.--The amendment made by subsection (a)(6)
shall take effect on the date of the enactment of this Act and
shall apply with respect to any petition for review which is
filed on or after such date.
SEC. 212. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED
STATES UNLAWFULLY.
(a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C.
1182(a)(9)(A)) is amended--
(1) in clause (i), by striking ``seeks admission within 5
years of the date of such removal (or within 20 years'' and
inserting ``seeks admission not later than 5 years after the
date of the alien's removal (or not later than 20 years after
the alien's removal''; and
(2) in clause (ii), by striking ``seeks admission within 10
years of the date of such alien's departure or removal (or
within 20 years of'' and inserting ``seeks admission not later
than 10 years after the date of the alien's departure or
removal (or not later than 20 years after''.
(b) Bar on Discretionary Relief.--Section 274D (9 U.S.C. 324d) is
amended--
(1) in subsection (a), by striking ``Commissioner'' and
inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(c) Ineligibility for Relief.--
``(1) In general.--Unless a timely motion to reopen is
granted under section 240(c)(6), an alien described in
subsection (a) shall be ineligible for any discretionary relief
from removal (including cancellation of removal and adjustment
of status) during the time the alien remains in the United
States and for a period of 10 years after the alien's departure
from the United States.
``(2) Savings provision.--Nothing in paragraph (1) shall
preclude a motion to reopen to seek withholding of removal
under section 241(b)(3) or protection against torture, if the
motion--
``(A) presents material evidence of changed country
conditions arising after the date of the final order of
removal in the country to which the alien would be
removed; and
``(B) makes a sufficient showing to the
satisfaction of the Attorney General that the alien is
otherwise eligible for such protection.''.
(c) Effective Dates.--The amendments made by this section shall
take effect on the date of the enactment of this Act with respect to
aliens who are subject to a final order of removal, whether the removal
order was entered before, on, or after such date.
SEC. 213. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF
FIREARMS BY CERTAIN ALIENS.
Section 922 of title 18, United States Code, is amended--
(1) in subsection (d)(5)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking ``(y)(2)'' and
all that follows and inserting ``(y), is in a
nonimmigrant classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under
section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5));''; and
(2) in subsection (g)(5)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking ``(y)(2)'' and
all that follows and inserting ``(y), is in a
nonimmigrant classification; or''; and
(C) by adding at the end the following:
``(C) has been paroled into the United States under
section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(5));''.
(3) in subsection (y)--
(A) in the header, by striking ``Admitted Under
Nonimmigrant Visas'' and inserting ``in a Nonimmigrant
Classification'';
(B) in paragraph (1), by amending subparagraph (B)
to read as follows:
``(B) the term `nonimmigrant classification'
includes all classes of nonimmigrant aliens described
in section 101(a)(15) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)), or otherwise
described in the immigration laws (as defined in
section 101(a)(17) of such Act).'';
(C) in paragraph (2), by striking ``has been
lawfully admitted to the United States under a
nonimmigrant visa'' and inserting ``is in a
nonimmigrant classification''; and
(D) in paragraph (3)(A), by striking ``Any
individual who has been admitted to the United States
under a nonimmigrant visa may receive a waiver from the
requirements of subsection (g)(5)'' and inserting ``Any
alien in a nonimmigrant classification may receive a
waiver from the requirements of subsection (g)(5)(B)''.
SEC. 214. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION,
NATURALIZATION, AND PEONAGE OFFENSES.
(a) In General.--Section 3291 of title 18, United States Code, is
amended to read as follows:
``Sec. 3291. Immigration, naturalization, and peonage offenses
``No person shall be prosecuted, tried, or punished for a violation
of any section of chapters 69 (relating to nationality and citizenship
offenses), 75 (relating to passport, visa, and immigration offenses),
or 77 (relating to peonage, slavery, and trafficking in persons), for
an attempt or conspiracy to violate any such section, for a violation
of any criminal provision under section 243, 266, 274, 275, 276, 277,
or 278 of the Immigration and Nationality Act (8 U.S.C. 1253, 1306,
1324, 1325, 1326, 1327, and 1328), or for an attempt or conspiracy to
violate any such section, unless the indictment is returned or the
information filed not later than 10 years after the commission of the
offense.''.
(b) Clerical Amendment.--The table of sections for chapter 213 of
title 18, United States Code, is amended by striking the item relating
to section 3291 and inserting the following:
``3291. Immigration, naturalization, and peonage offenses.''.
SEC. 215. DIPLOMATIC SECURITY SERVICE.
Section 2709(a)(1) of title 22, United States Code, is amended to
read as follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of
the Department of State;
``(C) violations of chapter 77 of title 18, United
States Code; and
``(D) Federal offenses committed within the special
maritime and territorial jurisdiction of the United
States (as defined in section 7(9) of title 18, United
States Code);''.
SEC. 216. FIELD AGENT ALLOCATION AND BACKGROUND CHECKS.
(a) In General.--Section 103 (8 U.S.C. 1103) is amended--
(1) by amending subsection (f) to read as follows:
``(f) Minimum Number of Agents in States.--
``(1) In general.--The Secretary of Homeland Security shall
allocate to each State--
``(A) not fewer than 40 full-time active duty
agents of the Bureau of Immigration and Customs
Enforcement to--
``(i) investigate immigration violations;
and
``(ii) ensure the departure of all
removable aliens; and
``(B) not fewer than 15 full-time active duty
agents of the Bureau of Citizenship and Immigration
Services to carry out immigration and naturalization
adjudication functions.
``(2) Waiver.--The Secretary may waive the application of
paragraph (1) for any State with a population of less than
2,000,000, as most recently reported by the Bureau of the
Census''; and
(2) by adding at the end the following:
``(i) Notwithstanding any other provision of law, appropriate
background and security checks, as determined by the Secretary of
Homeland Security, shall be completed and assessed and any suspected or
alleged fraud relating to the granting of any status (including the
granting of adjustment of status), relief, protection from removal, or
other benefit under this Act shall be investigated and resolved before
the Secretary or the Attorney General may--
``(1) grant or order the grant of adjustment of status of
an alien 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 Secretary, the Attorney General, or any court.''.
(b) Effective Date.--The amendment made by subsection (a)(1) shall
take effect on the date that is 90 days after the date of the enactment
of this Act.
SEC. 217. DENIAL OF BENEFITS TO TERRORISTS AND CRIMINALS.
(a) In General.--Chapter 4 of title III (8 U.S.C. 1501 et seq.) is
amended by adding at the end the following:
``SEC. 362. CONSTRUCTION.
``(a) In General.--Nothing in this Act or in any other provision of
law shall be construed to require the Secretary of Homeland Security,
the Attorney General, the Secretary of State, the Secretary of Labor,
or any other authorized head of any Federal 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 subparagraph (A)(i), (A)(iii),
(B), or (F) of section 212(a)(3) or subparagraph (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) Denial; Withholding.--An official described in subsection (a)
may deny or withhold (with respect to an alien described in subsection
(a)(1)) or withhold pending resolution of the investigation, case, or
law enforcement checks (with respect to an alien described in paragraph
(2) or (3) of subsection (a)) any such application, petition, status,
or benefit on such basis.''.
(b) Clerical Amendment.--The table of contents is amended by
inserting after the item relating to section 361 the following:
``Sec. 362. Construction.''.
SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.
(a) Reimbursement for Costs Associated With Processing Criminal
Illegal Aliens.--The Secretary of Homeland Security shall reimburse
States and units of local government for costs associated with
processing undocumented criminal aliens through the criminal justice
system, including--
(1) indigent defense;
(2) criminal prosecution;
(3) autopsies;
(4) translators and interpreters; and
(5) courts costs.
(b) Authorization of Appropriations.--
(1) Processing criminal illegal aliens.--There are
authorized to be appropriated $400,000,000 for each of the
fiscal years 2007 through 2012 to carry out subsection (a).
(2) Compensation upon request.--Section 241(i)(5) (8 U.S.C.
1231(i)) is amended to read as follows:
``(5) There are authorized to be appropriated to carry this
subsection--
``(A) such sums as may be necessary for fiscal year
2007;
``(B) $750,000,000 for fiscal year 2008;
``(C) $850,000,000 for fiscal year 2009; and
``(D) $950,000,000 for each of the fiscal years
2010 through 2012.''.
(c) Technical Amendment.--Section 501 of the Immigration Reform and
Control Act of 1986 (8 U.S.C. 1365) is amended by striking ``Attorney
General'' each place it appears and inserting ``Secretary of Homeland
Security''.
SEC. 219. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS APPREHENDED
BY STATE AND LOCAL LAW ENFORCEMENT OFFICERS.
(a) In General.--The Secretary of Homeland Security shall provide
sufficient transportation and officers to take illegal aliens
apprehended by State and local law enforcement officers into custody
for processing at a Department of Homeland Security detention facility.
(b) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.
SEC. 220. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General.--Section 287(g) (8 U.S.C. 1357(g)) is amended--
(1) in paragraph (2), by adding at the end the following:
``If such training is provided by a State or political
subdivision of a State to an officer or employee of such State
or political subdivision of a State, the cost of such training
(including applicable overtime costs) shall be reimbursed by
the Secretary of Homeland Security.''; and
(2) in paragraph (4), by adding at the end the following:
``The cost of any equipment required to be purchased under such
written agreement and necessary to perform the functions under
this subsection shall be reimbursed by the Secretary of
Homeland Security.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section and the amendments made by this section.
SEC. 221. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL
LANDS.
(a) Grants Authorized.--The Secretary may award grants to Indian
tribes with lands adjacent to an international border of the United
States that have been adversely affected by illegal immigration.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for--
(1) law enforcement activities;
(2) health care services;
(3) environmental restoration; and
(4) the preservation of cultural resources.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that--
(1) describes the level of access of Border Patrol agents
on tribal lands;
(2) describes the extent to which enforcement of
immigration laws may be improved by enhanced access to tribal
lands;
(3) contains a strategy for improving such access through
cooperation with tribal authorities; and
(4) identifies grants provided by the Department for Indian
tribes, either directly or through State or local grants,
relating to border security expenses.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2007 through 2011 to carry out this section.
SEC. 222. ALTERNATIVES TO DETENTION.
The Secretary shall conduct a study of--
(1) 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;
(2) the effectiveness of the Intensive Supervision
Appearance Program and the costs and benefits of expanding that
program to all States; and
(3) other alternatives to detention, including--
(A) release on an order of recognizance;
(B) appearance bonds; and
(C) electronic monitoring devices.
SEC. 223. CONFORMING AMENDMENT.
Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) is amended--
(1) by striking ``(i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a passport or
instrument in violation of section 1543 of title 18, United
States Code, or is described in section 1546(a) of such title
(relating to document fraud) and (ii)'' and inserting ``which
is described in chapter 75 of title 18, United States Code,
and''; and
(2) by inserting the following: ``that is not described in
section 1548 of such title (relating to increased penalties),
and'' after ``first offense''.
SEC. 224. REPORTING REQUIREMENTS.
(a) Clarifying Address Reporting Requirements.--Section 265 (8
U.S.C. 1305) is amended--
(1) in subsection (a)--
(A) by striking ``notify the Attorney General in
writing'' and inserting ``submit written or electronic
notification to the Secretary of Homeland Security, in
a manner approved by the Secretary,'';
(B) by striking ``the Attorney General may require
by regulation'' and inserting ``the Secretary may
require''; and
(C) by adding at the end the following: ``If the
alien is involved in proceedings before an immigration
judge or in an administrative appeal of such
proceedings, the alien shall submit to the Attorney
General the alien's current address and a telephone
number, if any, at which the alien may be contacted.'';
(2) in subsection (b), by striking ``Attorney General''
each place such term appears and inserting ``Secretary'';
(3) in subsection (c), by striking ``given to such parent''
and inserting ``given by such parent''; and
(4) by inserting at the end the following:
``(d) Address To Be Provided.--
``(1) In general.--Except as otherwise provided by the
Secretary under paragraph (2), an address provided by an alien
under this section shall be the alien's current residential
mailing address, and shall not be a post office box or other
non-residential mailing address or the address of an attorney,
representative, labor organization, or employer.
``(2) Specific requirements.--The Secretary may provide
specific requirements with respect to--
``(A) designated classes of aliens and special
circumstances, including aliens who are employed at a
remote location; and
``(B) the reporting of address information by
aliens who are incarcerated in a Federal, State, or
local correctional facility.
``(3) Detention.--An alien who is being detained by the
Secretary under this Act is not required to report the alien's
current address under this section during the time the alien
remains in detention, but shall be required to notify the
Secretary of the alien's address under this section at the time
of the alien's release from detention.
``(e) Use of Most Recent Address Provided by the Alien.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may provide for the appropriate coordination
and cross referencing of address information provided by an
alien under this section with other information relating to the
alien's address under other Federal programs, including--
``(A) any information pertaining to the alien,
which is submitted in any application, petition, or
motion filed under this Act with the Secretary of
Homeland Security, the Secretary of State, or the
Secretary of Labor;
``(B) any information available to the Attorney
General with respect to an alien in a proceeding before
an immigration judge or an administrative appeal or
judicial review of such proceeding;
``(C) any information collected with respect to
nonimmigrant foreign students or exchange program
participants under section 641 of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1372); and
``(D) any information collected from State or local
correctional agencies pursuant to the State Criminal
Alien Assistance Program.
``(2) Reliance.--The Secretary may rely on the most recent
address provided by the alien under this section or section 264
to send to the alien any notice, form, document, or other
matter pertaining to Federal immigration laws, including
service of a notice to appear. The Attorney General and the
Secretary may rely on the most recent address provided by the
alien under section 239(a)(1)(F) to contact the alien about
pending removal proceedings.
``(3) Obligation.--The alien's provision of an address for
any other purpose under the Federal immigration laws does not
excuse the alien's obligation to submit timely notice of the
alien's address to the Secretary under this section (or to the
Attorney General under section 239(a)(1)(F) with respect to an
alien in a proceeding before an immigration judge or an
administrative appeal of such proceeding).''.
(b) Conforming Changes With Respect to Registration Requirements.--
Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
(1) in section 262(c), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(2) in section 263(a), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(3) in section 264--
(A) in subsections (a), (b), (c), and (d), by
striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''; and
(B) in subsection (f)--
(i) by striking ``Attorney General is
authorized'' and inserting ``Secretary of
Homeland Security and Attorney General are
authorized''; and
(ii) by striking ``Attorney General or the
Service'' and inserting ``Secretary or the
Attorney General''.
(c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
(1) by amending subsection (b) to read as follows:
``(b) Failure To Provide Notice of Alien's Current Address.--
``(1) Criminal penalties.--Any alien or any parent or legal
guardian in the United States of any minor alien who fails to
notify the Secretary of Homeland Security of the alien's
current address in accordance with section 265 shall be fined
under title 18, United States Code, imprisoned for not more
than 6 months, or both.
``(2) Effect on immigration status.--Any alien who violates
section 265 (regardless of whether the alien is punished under
paragraph (1)) and does not establish to the satisfaction of
the Secretary that such failure was reasonably excusable or was
not willful shall be taken into custody in connection with
removal of the alien. If the alien has not been inspected or
admitted, or if the alien has failed on more than 1 occasion to
submit notice of the alien's current address as required under
section 265, the alien may be presumed to be a flight risk. The
Secretary or the Attorney General, in considering any form of
relief from removal which may be granted in the discretion of
the Secretary or the Attorney General, may take into
consideration the alien's failure to comply with section 265 as
a separate negative factor. If the alien failed to comply with
the requirements of section 265 after becoming subject to a
final order of removal, deportation, or exclusion, the alien's
failure shall be considered as a strongly negative factor with
respect to any discretionary motion for reopening or
reconsideration filed by the alien.'';
(2) in subsection (c), by inserting ``or a notice of
current address'' before ``containing statements''; and
(3) in subsections (c) and (d), by striking ``Attorney
General'' each place it appears and inserting ``Secretary''.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to proceedings
initiated on or after the date of the enactment of this Act.
(2) Conforming and technical amendments.--The amendments
made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection
(a) are effective as if enacted on March 1, 2003.
SEC. 225. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR BETWEEN
PORTS OF ENTRY.
(a) In General.--Beginning on October 1, 2006, an alien who is
attempting to illegally enter the United States and who is apprehended
at a United States port of entry or along the international land or
maritime border of the United States shall be detained until removed or
a final decision granting admission has been determined, unless the
alien--
(1) is permitted to withdraw an application for admission
under section 235(a)(4) of the Immigration and Nationality Act
(8 U.S.C. 1225(a)(4)) and immediately departs from the United
States pursuant to such section; or
(2) is paroled into the United States by the Secretary for
urgent humanitarian reasons or significant public benefit in
accordance with section 212(d)(5)(A) of such Act (8 U.S.C.
1182(d)(5)(A)).
(b) Requirements During Interim Period.--Beginning 60 days after
the date of the enactment of this Act and before October 1, 2006, an
alien described in subsection (a) may be released with a notice to
appear only if--
(1) the Secretary determines, after conducting all
appropriate background and security checks on the alien, that
the alien does not pose a national security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction.--
(1) Asylum and removal.--Nothing in this section shall be
construed as limiting the right of an alien to apply for asylum
or for relief or deferral of removal based on a fear of
persecution.
(2) Treatment of certain aliens.--The mandatory detention
requirement in subsection (a) shall not apply to any alien who
is a native or citizen of a country in the Western Hemisphere
with whose government the United States does not have full
diplomatic relations.
(3) Discretion.--Nothing in this section shall be construed
as limiting the authority of the Secretary, in the Secretary's
sole unreviewable discretion, to determine whether an alien
described in clause (ii) of section 235(b)(1)(B) of the
Immigration and Nationality Act shall be detained or released
after a finding of a credible fear of persecution (as defined
in clause (v) of such section).
SEC. 226. REMOVAL OF DRUNK DRIVERS.
(a) In General.--Section 101(a)(43)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)(F)) is amended by inserting ``,
including a third drunk driving conviction, regardless of the States in
which the convictions occurred or whether the offenses are classified
as misdemeanors or felonies under State or Federal law,'' after
``offense)''.
(b) Effective Date.--The amendment made by subsection (a) shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to convictions entered before, on, or after such
date.
SEC. 227. EXPEDITED REMOVAL.
(a) In General.--Section 238 (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 subsection (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) (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) (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. 228. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.
(a) Immigrants.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)), is
amended--
(1) in subparagraph (A)(i) by striking ``Any'' and
inserting ``Except as provided in clause (viii), any'';
(2) in subparagraph (A) by inserting after clause (vii) the
following:
``(viii) Clause (i) shall not apply to a citizen of the United
States who has been convicted of an offense described in section
101(a)(43)(A), section 101(a)(43)(I), or section 101(a)(43)(K), unless
the Secretary of Homeland Security, in the Secretary's sole and
unreviewable discretion, determines that the citizen poses no risk to
the alien with respect to whom a petition described in clause (i) is
filed.''; and
(3) in subparagraph (B)(i)--
(A) by striking ``Any alien'' and inserting the
following: ``(I) Except as provided in subclause (II),
any alien''; and
(B) by adding at the end the following:
``(II) Subclause (I) shall not apply in the case of an alien
admitted for permanent residence who has been convicted of an offense
described in section 101(a)(43)(A), section 101(a)(43)(I), or section
101(a)(43)(K), unless the Secretary of Homeland Security, in the
Secretary's sole and unreviewable discretion, determines that the alien
lawfully admitted for permanent residence poses no risk to the alien
with respect to whom a petition described in subclause (I) is filed.''.
(b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C.
1101(a)(15)(K)), is amended by inserting ``(other than a citizen
described in section 204(a)(1)(A)(viii))'' after ``citizen of the
United States'' each place that phrase appears.
SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.
(a) In General.--Title II (8 U.S.C. 1151 et seq.) is amended by
adding after section 240C the following new section:
``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.
``(a) Authority.--Notwithstanding any other provision of law, law
enforcement personnel of a State or a political subdivision of a State
have the inherent authority of a sovereign entity to investigate,
apprehend, arrest, detain, or transfer to Federal custody (including
the transportation across State lines to detention centers) an alien
for the purpose of assisting in the enforcement of the criminal
provisions 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.
``(b) Construction.--Nothing in this subsection shall be construed
to require law enforcement personnel of a State or a political
subdivision to assist in the enforcement of the immigration laws of the
United States.
``(c) Transfer.--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 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 alien lawfully admitted to the United
States or is otherwise lawfully present in the United
States; and
``(B) if the individual is an alien who is not
lawfully admitted to the United States or otherwise is
not lawfully present in the United States, 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; or
``(ii) request that the relevant State or
local law enforcement agency temporarily detain
or transport the 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 aliens to the Department of
Homeland Security.
``(d) 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 an alien as described in subparagraphs
(A) and (B) of subsection (c)(1).
``(2) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (c)(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 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 alien during the period
between the time of transmittal of the request
described in subsection (c) and the time of transfer
into Federal custody.
``(e) Requirement for Appropriate Security.--The Secretary of
Homeland Security shall ensure that 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.
``(f) 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 aliens from the
custody of those States and political subdivisions of States which
routinely submit requests described in subsection (c) into Federal
custody.
``(g) 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.''.
(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. 230. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER DATABASE.
(a) Provision of Information to the National Crime Information
Center.--
(1) In general.--Except as provided in paragraph (3), not
later than 180 days after the date of the enactment of this
Act, the Secretary shall provide to the head of the National
Crime Information Center of the Department of Justice the
information that the Secretary 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)(3) of section 240B of the
Immigration and Nationality Act (8 U.S.C. 1229c) (as
amended by section 211(a)(1)(C)), subsection (b)(2) of
such section 240B, or who has violated a condition of a
voluntary departure agreement under such section 240B;
(C) whom a Federal immigration officer has
confirmed to be unlawfully present in the United
States; or
(D) 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 under paragraph (1) related to an
alien who is granted lawful authority to enter or remain
legally in the United States.
(3) Procedure for removal of erroneous information.--The
Secretary, in consultation with the head of the National Crime
Information Center of the Department of Justice, shall develop
and implement a procedure by which an alien may petition the
Secretary or head of the National Crime Information Center, as
appropriate, to remove any erroneous information provided by
the Secretary under paragraph (1) related to such alien. Under
such procedures, failure by the alien to receive notice of a
violation of the immigration laws shall not constitute cause
for removing information provided by the Secretary under
paragraph (1) related to such alien, unless such information is
erroneous. Notwithstanding the 180 time period set forth in
paragraph (1), the Secretary shall not provide the information
required under paragraph (1) until the procedures required by
this paragraph are developed and implemented.
(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; and''.
SEC. 231. LAUNDERING OF MONETARY INSTRUMENTS.
Section 1956(c)(7)(D) of title 18, United States Code, is amended--
(1) by inserting ``section 1590 (relating to trafficking
with respect to peonage, slavery, involuntary servitude, or
forced labor),'' after ``section 1363 (relating to destruction
of property within the special maritime and territorial
jurisdiction),''; and
(2) by inserting ``section 274(a) of the Immigration and
Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and
harboring certain aliens),'' after ``section 590 of the Tariff
Act of 1930 (19 U.S.C. 1590) (relating to aviation
smuggling),''.
SEC. 232. SEVERABILITY.
If any provision of this title, any amendment made by this title,
or the application of such provision or amendment to any person or
circumstance is held to be invalid for any reason, the remainder of
this title, the amendments made by this title, and the application of
the provisions of such to any other person or circumstance shall not be
affected by such holding.
TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS
SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.
(a) In General.--Section 274A (8 U.S.C. 1324a) is amended to read
as follows:
``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.
``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, or to recruit or refer for a fee, an
alien for employment in the United States knowing, or
with reason to know, that the alien is an unauthorized
alien with respect to such employment; or
``(B) to hire, or to recruit or refer for a fee,
for employment in the United States an individual
unless such employer meets the requirements of
subsections (c) and (d).
``(2) Continuing employment.--It is unlawful for an
employer, after lawfully hiring an alien for employment, to
continue to employ the alien in the United States knowing or
with reason to know that the alien is (or has become) an
unauthorized alien with respect to such employment.
``(3) Use of labor through contract.--In this section, an
employer who uses a contract, subcontract, or exchange, entered
into, renegotiated, or extended after the date of the enactment
of the Securing America's Borders Act, to obtain the labor of
an alien in the United States knowing, or with reason to know,
that the alien is an unauthorized alien with respect to
performing such labor, shall be considered to have hired the
alien for employment in the United States in violation of
paragraph (1)(A).
``(4) Rebuttable presumption of unlawful hiring.--If the
Secretary determines that an employer has hired more than 10
unauthorized aliens during a calendar year, a rebuttable
presumption is created for the purpose of a civil enforcement
proceeding, that the employer knew or had reason to know that
such aliens were unauthorized.
``(5) Defense.--
``(A) In general.--Subject to subparagraph (B), an
employer that establishes that the employer has
complied in good faith with the requirements of
subsections (c) and (d) has established an affirmative
defense that the employer has not violated paragraph
(1)(A) with respect to such hiring, recruiting, or
referral.
``(B) Exception.--Until the date that an employer
is required to participate in the Electronic Employment
Verification System under subsection (d) or is
permitted to participate in such System on a voluntary
basis, the employer may establish an affirmative
defense under subparagraph (A) without a showing of
compliance with subsection (d).
``(b) Order of Internal Review and Certification of Compliance.--
``(1) Authority to require certification.--If the Secretary
has reasonable cause to believe that an employer has failed to
comply with this section, the Secretary is authorized, at any
time, to require that the employer certify that the employer is
in compliance with this section, or has instituted a program to
come into compliance.
``(2) Content of certification.--Not later than 60 days
after the date an employer receives a request for a
certification under paragraph (1) the chief executive officer
or similar official of the employer shall certify under penalty
of perjury that--
``(A) the employer is in compliance with the
requirements of subsections (c) and (d); or
``(B) that the employer has instituted a program to
come into compliance with such requirements.
``(3) Extension.--The 60-day period referred to in
paragraph (2), may be extended by the Secretary for good cause,
at the request of the employer.
``(4) Publication.--The Secretary is authorized to publish
in the Federal Register standards or methods for certification
and for specific record keeping practices with respect to such
certification, and procedures for the audit of any records
related to such certification.
``(c) Document Verification Requirements.--An employer hiring, or
recruiting or referring for a fee, an individual for employment in the
United States shall take all reasonable steps to verify that the
individual is eligible for such employment. Such steps shall include
meeting the requirements of subsection (d) and the following
paragraphs:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall
attest, under penalty of perjury and on a form
prescribed by the Secretary, that the employer
has verified the identity and eligibility for
employment of the individual by examining--
``(I) a document described in
subparagraph (B); or
``(II) a document described in
subparagraph (C) and a document
described in subparagraph (D).
``(ii) Signature requirements.--An
attestation required by clause (i) may be
manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--An
employer has complied with the requirement of
this paragraph with respect to examination of
documentation if, based on the totality of the
circumstances, a reasonable person would
conclude that the document examined is genuine
and establishes the individual's identity and
eligibility for employment in the United
States.
``(iv) Requirements for employment
eligibility system participants.--A participant
in the Electronic Employment Verification
System established under subsection (d),
regardless of whether such participation is
voluntary or mandatory, shall be permitted to
utilize any technology that is consistent with
this section and with any regulation or
guidance from the Secretary to streamline the
procedures to comply with the attestation
requirement, and to comply with the employment
eligibility verification requirements contained
in this section.
``(B) Documents establishing both employment
eligibility and identity.--A document described in this
subparagraph is an individual's--
``(i) United States passport; or
``(ii) permanent resident card or other
document designated by the Secretary, if the
document--
``(I) contains a photograph of the
individual and such other personal
identifying information relating to the
individual that the Secretary
proscribes in regulations is sufficient
for the purposes of this subparagraph;
``(II) is evidence of eligibility
for employment in the United States;
and
``(III) contains security features
to make the document resistant to
tampering, counterfeiting, and
fraudulent use.
``(C) Documents evidencing employment
eligibility.--A document described in this subparagraph
is an individual's--
``(i) social security account number card
issued by the Commissioner of Social Security
(other than a card which specifies on its face
that the issuance of the card does not
authorize employment in the United States); or
``(ii) any other documents evidencing
eligibility of employment in the United States,
if--
``(I) the Secretary has published a
notice in the Federal Register stating
that such document is acceptable for
purposes of this subparagraph; and
``(II) contains security features
to make the document resistant to
tampering, counterfeiting, and
fraudulent use.
``(D) Documents establishing identity of
individual.--A document described in this subparagraph
is an individual's--
``(i) driver's license or identity card
issued by a State, the Commonwealth of the
Northern Mariana Islands, or an outlying
possession of the United States that complies
with the requirements of the REAL ID Act of
2005 (division B of Public Law 109-13; 119
Stat. 302);
``(ii) driver's license or identity card
issued by a State, the Commonwealth of the
Northern Mariana Islands, or an outlying
possession of the United States that is not in
compliance with the requirements of the REAL ID
Act of 2005, if the license or identity card--
``(I) is not required by the
Secretary to comply with such
requirements; and
``(II) contains the individual's
photograph or information, including
the individual's name, date of birth,
gender, and address; and
``(iii) identification card issued by a
Federal agency or department, including a
branch of the Armed Forces, or an agency,
department, or entity of a State, or a Native
American tribal document, provided that such
card or document--
``(I) contains the individual's
photograph or information including the
individual's name, date of birth,
gender, eye color, and address; and
``(II) contains security features
to make the card resistant to
tampering, counterfeiting, and
fraudulent use; or
``(iv) in the case of an individual who is
under 16 years of age who is unable to present
a document described in clause (i), (ii), or
(iii) a document of personal identity of such
other type that--
``(I) the Secretary determines is a
reliable means of identification; and
``(II) contains security features
to make the document resistant to
tampering, counterfeiting, and
fraudulent use.
``(E) Authority to prohibit use of certain
documents.--
``(i) Authority.--If the Secretary finds
that a document or class of documents described
in subparagraph (B), (C), or (D) is not
reliable to establish identity or eligibility
for employment (as the case may be) or is being
used fraudulently to an unacceptable degree,
the Secretary is authorized to prohibit, or
impose conditions, on the use of such document
or class of documents for purposes of this
subsection.
``(ii) Requirement for publication.--The
Secretary shall publish notice of any findings
under clause (i) in the Federal Register.
``(2) Attestation of employee.--
``(A) Requirements.--
``(i) In general.--The individual shall
attest, under penalty of perjury on the form
prescribed by the Secretary, that the
individual is a national of the United States,
an alien lawfully admitted for permanent
residence, or an alien who is authorized under
this Act or by the Secretary to be hired,
recruited or referred for a fee, in the United
States.
``(ii) Signature for examination.--An
attestation required by clause (i) may be
manifested by a handwritten or electronic
signature.
``(B) Penalties.--An individual who falsely
represents that the individual is eligible for
employment in the United States in an attestation
required by subparagraph (A) shall, for each such
violation, be subject to a fine of not more than
$5,000, a term of imprisonment not to exceed 3 years,
or both.
``(3) Retention of attestation.--An employer shall retain a
paper, microfiche, microfilm, or electronic version of an
attestation submitted under paragraph (1) or (2) for an
individual and make such attestations available for inspection
by an officer of the Department of Homeland Security, any other
person designated by the Secretary, the Special Counsel for
Immigration-Related Unfair Employment Practices of the
Department of Justice, or the Secretary of Labor during a
period beginning on the date of the hiring, or recruiting or
referring for a fee, of the individual and ending--
``(A) in the case of the recruiting or referral for
a fee (without hiring) of an individual, 7 years after
the date of the recruiting or referral; or
``(B) in the case of the hiring of an individual
the later of--
``(i) 7 years after the date of such
hiring;
``(ii) 1 year after the date the
individual's employment is terminated; or
``(iii) in the case of an employer or class
of employers, a period that is less than the
applicable period described in clause (i) or
(ii) if the Secretary reduces such period for
such employer or class of employers.
``(4) Document retention and record keeping requirements.--
``(A) Retention of documents.--An employer shall
retain, for the applicable period described in
paragraph (3), the following documents:
``(i) In general.--Notwithstanding any
other provision of law, the employer shall copy
all documents presented by an individual
pursuant to this subsection and shall retain
paper, microfiche, microfilm, or electronic
copies of such documents. Such copies shall
reflect the signature of the employer and the
individual and the date of receipt of such
documents.
``(ii) Use of retained documents.--An
employer shall use copies retained under clause
(i) only for the purposes of complying with the
requirements of this subsection, except as
otherwise permitted under law.
``(B) Retention of social security
correspondence.--The employer shall maintain records
related to an individual of any no-match notice from
the Commissioner of Social Security regarding the
individual's name or corresponding social security
account number and the steps taken to resolve each
issue described in the no-match notice.
``(C) Retention of clarification documents.--The
employer shall maintain records of any actions and
copies of any correspondence or action taken by the
employer to clarify or resolve any issue that raises
reasonable doubt as to the validity of the individual's
identity or eligibility for employment in the United
States.
``(D) Retention of other records.--The Secretary
may require that an employer retain copies of
additional records related to the individual for the
purposes of this section.
``(5) Penalties.--An employer that fails to comply with the
requirement of this subsection shall be subject to the
penalties described in subsection (e)(4)(B).
``(6) No authorization of national identification cards.--
Nothing in this section may be construed to authorize, directly
or indirectly, the issuance, use, or establishment of a
national identification card.
``(d) Electronic Employment Verification System.--
``(1) Requirement for system.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
implement an Electronic Employment Verification System
(referred to in this subsection as the `System') as described
in this subsection.
``(2) Management of system.--
``(A) In general.--The Secretary shall, through the
System--
``(i) provide a response to an inquiry made
by an employer through the Internet or other
electronic media or over a telephone line
regarding an individual's identity and
eligibility for employment in the United
States;
``(ii) establish a set of codes to be
provided through the System to verify such
identity and authorization; and
``(iii) maintain a record of each such
inquiry and the information and codes provided
in response to such inquiry.
``(B) Initial response.--Not later than 3 days
after an employer submits an inquire to the System
regarding an individual, the Secretary shall provide,
through the System, to the employer--
``(i) if the System is able to confirm the
individual's identity and eligibility for
employment in the United States, a confirmation
notice, including the appropriate codes on such
confirmation notice; or
``(ii) if the System is unable to confirm
the individual's identity or eligibility for
employment in the United States, a tentative
nonconfirmation notice, including the
appropriate codes for such nonconfirmation
notice.
``(C) Verification process in case of a tentative
nonconfirmation notice.--
``(i) In general.--If a tentative
nonconfirmation notice is issued under
subparagraph (B)(ii), not later than 10 days
after the date an individual submits
information to contest such notice under
paragraph (7)(C)(ii)(III), the Secretary,
through the System, shall issue a final
confirmation notice or a final nonconfirmation
notice to the employer, including the
appropriate codes for such notice.
``(ii) Development of process.--The
Secretary shall consult with the Commissioner
of Social Security to develop a verification
process to be used to provide a final
confirmation notice or a final nonconfirmation
notice under clause (i).
``(D) Design and operation of system.--The
Secretary, in consultation with the Commissioner of
Social Security, shall design and operate the System--
``(i) to maximize reliability and ease of
use by employers in a manner that protects and
maintains the privacy and security of the
information maintained in the System;
``(ii) to respond to each inquiry made by
an employer; and
``(iii) to track and record any occurrence
when the System is unable to receive such an
inquiry;
``(iv) to include appropriate
administrative, technical, and physical
safeguards to prevent unauthorized disclosure
of personal information;
``(v) to allow for monitoring of the use of
the System and provide an audit capability; and
``(vi) to have reasonable safeguards,
developed in consultation with the Attorney
General, to prevent employers from engaging in
unlawful discriminatory practices, based on
national origin or citizenship status.
``(E) Responsibilities of the commissioner of
social security.--The Commissioner of Social Security
shall establish a reliable, secure method to provide
through the System, within the time periods required by
subparagraphs (B) and (C)--
``(i) a determination of whether the name
and social security account number provided in
an inquiry by an employer match such
information maintained by the Commissioner in
order to confirm the validity of the
information provided;
``(ii) a determination of whether such
social security account number was issued to
the named individual;
``(iii) determination of whether such
social security account number is valid for
employment in the United States; and
``(iv) a confirmation notice or a
nonconfirmation notice under subparagraph (B)
or (C), in a manner that ensures that other
information maintained by the Commissioner is
not disclosed or released to employers through
the System.
``(F) Responsibilities of the secretary.--The
Secretary shall establish a reliable, secure method to
provide through the System, within the time periods
required by subparagraphs (B) and (C)--
``(i) a determination of whether the name
and alien identification or authorization
number provided in an inquiry by an employer
match such information maintained by the
Secretary in order to confirm the validity of
the information provided;
``(ii) a determination of whether such
number was issued to the named individual;
``(iii) a determination of whether the
individual is authorized to be employed in the
United States; and
``(iv) any other related information that
the Secretary may require.
``(G) Updating information.--The Commissioner of
Social Security and the Secretary shall update the
information maintained in the System in a manner that
promotes maximum accuracy and shall provide a process
for the prompt correction of erroneous information.
``(3) Requirements for participation.--Except as provided
in paragraphs (4) and (5), the Secretary shall require
employers to participate in the System as follows:
``(A) Critical employers.--
``(i) Required participation.--As of the
date that is 180 days after the date of the
enactment of the Securing America's Borders
Act, the Secretary shall require any employer
or class of employers to participate in the
System, with respect to employees hired by the
employer prior to, on, or after such date of
enactment, if the Secretary determines, in the
Secretary's sole and unreviewable discretion,
such employer or class of employer is--
``(I) part of the critical
infrastructure of the United States; or
``(II) directly related to the
national security or homeland security
of the United States.
``(ii) Discretionary participation.--As of
the date that is 180 days after the date of the
enactment of the Securing America's Borders
Act, the Secretary may require additional any
employer or class of employers to participate
in the System with respect to employees hired
on or after such date if the Secretary
designates such employer or class of employers,
in the Secretary's sole and unreviewable
discretion, as a critical employer based on
immigration enforcement or homeland security
needs.
``(B) Large employers.--Not later than 2 years
after the date of the enactment of the Securing
America's Borders Act, Secretary shall require an
employer with more than 5,000 employees in the United
States to participate in the System, with respect to
all employees hired by the employer after the date the
Secretary requires such participation.
``(C) Mid-sized employers.--Not later than 3 years
after the date of enactment of the Securing America's
Borders Act, the Secretary shall require an employer
with less than 5,000 employees and with more than 1,000
employees in the United States to participate in the
System, with respect to all employees hired by the
employer after the date the Secretary requires such
participation.
``(D) Small employers.--Not later than 4 years
after the date of the enactment of the Securing
America's Borders Act, the Secretary shall require all
employers with less than 1,000 employees and with more
than 250 employees in the United States to participate
in the System, with respect to all employees hired by
the employer after the date the Secretary requires such
participation.
``(E) Remaining employers.--Not later than 5 years
after the date of the enactment of the Securing
America's Borders Act, the Secretary shall require all
employers in the United States to participate in the
System, with respect to all employees hired by an
employer after the date the Secretary requires such
participation.
``(F) Requirement to publish.--The Secretary shall
publish in the Federal Register the requirements for
participation in the System as described in
subparagraphs (A), (B), (C), (D), and (E) prior to the
effective date of such requirements.
``(4) Other participation in system.--Notwithstanding
paragraph (3), the Secretary has the authority, in the
Secretary's sole and unreviewable discretion--
``(A) to permit any employer that is not required
to participate in the System under paragraph (3) to
participate in the System on a voluntary basis; and
``(B) to require any employer that is required to
participate in the System under paragraph (3) with
respect to newly hired employees to participate in the
System with respect to all employees hired by the
employer prior to, on, or after the date of the
enactment of the Securing America's Borders Act, if the
Secretary has reasonable causes to believe that the
employer has engaged in violations of the immigration
laws.
``(5) Waiver.--The Secretary is authorized to waive or
delay the participation requirements of paragraph (3) respect
to any employer or class of employers if the Secretary provides
notice to Congress of such waiver prior to the date such waiver
is granted.
``(6) Consequence of failure to participate.--If an
employer is required to participate in the System and fails to
comply with the requirements of the System with respect to an
individual--
``(A) such failure shall be treated as a violation
of subsection (a)(1)(B) of this section with respect to
such individual; and
``(B) a rebuttable presumption is created that the
employer has violated subsection (a)(1)(A) of this
section, however such presumption may not apply to a
prosecution under subsection (f)(1).
``(7) System requirements.--
``(A) In general.--An employer that participates in
the System shall, with respect to the hiring, or
recruiting or referring for a fee, any individual for
employment in the United States, shall--
``(i) obtain from the individual and record
on the form designated by the Secretary--
``(I) the individual's social
security account number; and
``(II) in the case of an individual
who does not attest that the individual
is a national of the United States
under subsection (c)(2), such
identification or authorization number
that the Secretary shall require; and
``(ii) retain the original of such form and
make such form available for inspection for the
periods and in the manner described in
subsection (c)(3).
``(B) Seeking verification.--The employer shall
submit an inquiry through the System to seek
confirmation of the individual's identity and
eligibility for employment in the United States--
``(i) not later than 3 working days (or
such other reasonable time as may be specified
by the Secretary of Homeland Security) after
the date of the hiring, or recruiting or
referring for a fee, of the individual (as the
case may be); or
``(ii) in the case of an employee hired
prior to the date of enactment of the Securing
America's Borders Act, at such time as the
Secretary shall specify.
``(C) Confirmation or nonconfirmation.--
``(i) Confirmation upon initial inquiry.--
If an employer receives a confirmation notice
under paragraph (2)(B)(i) for an individual,
the employer shall record, on the form
specified by the Secretary, the appropriate
code provided in such notice.
``(ii) Nonconfirmation and verification.--
``(I) Nonconfirmation.--If an
employer receives a tentative
nonconfirmation notice under paragraph
(2)(B)(ii) for an individual, the
employer shall inform such individual
of the issuances of such notice in
writing and the individual may contest
such nonconfirmation notice.
``(II) No contest.--If the
individual does not contest the
tentative nonconfirmation notice under
subclause (I) within 10 days of
receiving notice from the individual's
employer, the notice shall become final
and the employer shall record on the
form specified by the Secretary, the
appropriate code provided in the
nonconfirmation notice.
``(III) Contest.--If the individual
contests the tentative nonconfirmation
notice under subclause (I), the
individual shall submit appropriate
information to contest such notice to
the System within 10 days of receiving
notice from the individual's employer
and shall utilize the verification
process developed under paragraph
(2)(C)(ii).
``(IV) Effective period of
tentative nonconfirmation.--A tentative
nonconfirmation notice shall remain in
effect until a final such notice
becomes final under clause (II) or a
final confirmation notice or final
nonconfirmation notice is issued by the
System.
``(V) Prohibition on termination.--
An employer may not terminate the
employment of an individual based on a
tentative nonconfirmation notice until
such notice becomes final under clause
(II) or a final nonconfirmation notice
is issued for the individual by the
System. Nothing in this clause shall
apply to a termination of employment
for any reason other than because of
such a failure.
``(VI) Recording of conclusion on
form.--If a final confirmation or
nonconfirmation is provided by the
System regarding an individual, the
employer shall record on the form
designated by the Secretary the
appropriate code that is provided under
the System to indicate a confirmation
or nonconfirmation of the identity and
employment eligibility of the
individual.
``(D) Consequences of nonconfirmation.--
``(i) Termination of continued
employment.--If the employer has received a
final nonconfirmation regarding an individual,
the employer shall terminate the employment,
recruitment, or referral of the individual.
Such employer shall provide to the Secretary
any information relating to the nonconfirmed
individual that the Secretary determines would
assist the Secretary in enforcing or
administering the immigration laws. If the
employer continues to employ, recruit, or refer
the individual after receiving final
nonconfirmation, a rebuttable presumption is
created that the employer has violated
subsections (a)(1)(A) and (a)(2). Such
presumption may not apply to a prosecution
under subsection (f)(1).
``(8) Protection from liability.--No employer that
participates in the System shall be liable under any law for
any employment-related action taken with respect to an
individual in good faith reliance on information provided by
the System.
``(9) Limitation on use of the system.--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 to utilize any information,
database, or other records used in the System for any purpose
other than as provided for under this subsection.
``(10) Modification authority.--The Secretary, after notice
is submitted to Congress and provided to the public in the
Federal Register, is authorized to modify the requirements of
this subsection, including requirements with respect to
completion of forms, method of storage, attestations, copying
of documents, signatures, methods of transmitting information,
and other operational and technical aspects to improve the
efficiency, accuracy, and security of the System.
``(11) Fees.--The Secretary is authorized to require any
employer participating in the System to pay a fee or fees for
such participation. The fees may be set at a level that will
recover the full cost of providing the System to all
participants. The fees shall be deposited and remain available
as provided in subsection (m) and (n) of section 286 and the
System is providing an immigration adjudication and
naturalization service for purposes of section 286(n).
``(12) Report.--Not later than 1 year after the date of the
enactment of the Securing America's Borders Act, the Secretary
shall submit to Congress a report on the capacity, systems
integrity, and accuracy of the System.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for individuals and entities to file
complaints regarding potential violations of subsection
(a);
``(B) for the investigation of those complaints
that the Secretary deems it appropriate to investigate;
and
``(C) for the investigation of such other
violations of subsection (a), as the Secretary
determines are appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection, officers and employees
of the Department of Homeland Security--
``(i) shall have reasonable access to
examine evidence of any employer being
investigated; and
``(ii) if designated by the Secretary of
Homeland Security, may compel by subpoena the
attendance of witnesses and the production of
evidence at any designated place in an
investigation or case under this subsection.
``(B) Failure to cooperate.--In case of refusal to
obey a subpoena lawfully issued under subparagraph
(A)(ii), the Secretary may request that the Attorney
General apply in an appropriate district court of the
United States for an order requiring compliance with
such subpoena, and any failure to obey such order may
be punished by such court as contempt.
``(C) Department of labor.--The Secretary of Labor
shall have the investigative authority provided under
section 11(a) of the Fair Labor Standards Act of 1938
(29 U.S.C. 211(a)) to ensure compliance with the
provisions of this title, or any regulation or order
issued under this title.
``(3) Compliance procedures.--
``(A) Pre-penalty notice.--If the Secretary has
reasonable cause to believe that there has been a
violation of a requirement of this section and
determines that further proceedings related to such
violation are warranted, the Secretary shall issue to
the employer concerned a written notice of the
Secretary's intention to issue a claim for a fine or
other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations
allegedly violated;
``(iii) disclose the material facts which
establish the alleged violation; and
``(iv) inform such employer that the
employer shall have a reasonable opportunity to
make representations as to why a claim for a
monetary or other penalty should not be
imposed.
``(B) Remission or mitigation of penalties.--
``(i) Petition by employer.--Whenever any
employer receives written notice of a fine or
other penalty in accordance with subparagraph
(A), the employer may file within 30 days from
receipt of such notice, with the Secretary a
petition for the remission or mitigation of
such fine or penalty, or a petition for
termination of the proceedings. The petition
may include any relevant evidence or proffer of
evidence the employer wishes to present, and
shall be filed and considered in accordance
with procedures to be established by the
Secretary.
``(ii) Review by secretary.--If the
Secretary finds that such fine or other penalty
was incurred erroneously, or finds the
existence of such mitigating circumstances as
to justify the remission or mitigation of such
fine or penalty, the Secretary may remit or
mitigate such fine or other penalty on the
terms and conditions as the Secretary
determines are reasonable and just, or order
termination of any proceedings related to the
notice. Such mitigating circumstances may
include good faith compliance and participation
in, or agreement to participate in, the System,
if not otherwise required.
``(iii) Applicability.--This subparagraph
may not apply to an employer that has or is
engaged in a pattern or practice of violations
of paragraph (1)(A), (1)(B), or (2) of
subsection (a) or of any other requirements of
this section.
``(C) Penalty claim.--After considering evidence
and representations offered by the employer pursuant to
subparagraph (B), the Secretary shall determine whether
there was a violation and promptly issue a written
final determination setting forth the findings of fact
and conclusions of law on which the determination is
based and the appropriate penalty.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized
aliens.--Any employer that violates any provision of
paragraph (1)(A) or (2) of subsection (a) shall pay
civil penalties as follows:
``(i) Pay a civil penalty of not less than
$500 and not more than $4,000 for each
unauthorized alien with respect to each such
violation.
``(ii) If the employer has previously been
fined 1 time under this subparagraph, pay a
civil penalty of not less than $4,000 and not
more than $10,000 for each unauthorized alien
with respect to each such violation.
``(iii) If the employer has previously been
fined more than 1 time under this subparagraph
or has failed to comply with a previously
issued and final order related to any such
provision, pay a civil penalty of not less than
$6,000 and not more than $20,000 for each
unauthorized alien with respect to each such
violation.
``(B) Record keeping or verification practices.--
Any employer that violates or fails to comply with the
requirements of the subsection (b), (c), and (d), shall
pay a civil penalty as follows:
``(i) Pay a civil penalty of not less than
$200 and not more than $2,000 for each such
violation.
``(ii) If the employer has previously been
fined 1 time under this subparagraph, pay a
civil penalty of not less than $400 and not
more than $4,000 for each such violation.
``(iii) If the employer has previously been
fined more than 1 time under this subparagraph
or has failed to comply with a previously
issued and final order related to such
requirements, pay a civil penalty of $6,000 for
each such violation.
``(C) Other penalties.--Notwithstanding
subparagraphs (A) and (B), the Secretary may impose
additional penalties for violations, including cease
and desist orders, specially designed compliance plans
to prevent further violations, suspended fines to take
effect in the event of a further violation, and in
appropriate cases, the civil penalty described in
subsection (g)(2).
``(D) Reduction of penalties.--Notwithstanding
subparagraphs (A), (B), and (C), the Secretary is
authorized to reduce or mitigate penalties imposed upon
employers, based upon factors including the employer's
hiring volume, compliance history, good-faith
implementation of a compliance program, participation
in a temporary worker program, and voluntary disclosure
of violations of this subsection to the Secretary.
``(E) Adjustment for inflation.--All penalties in
this section may be adjusted every 4 years to account
for inflation, as provided by law.
``(5) Judicial review.--An employer adversely affected by a
final determination may, within 45 days after the date the
final determination is issued, file a petition in the Court of
Appeals for the appropriate circuit for review of the order.
The filing of a petition as provided in this paragraph shall
stay the Secretary's determination until entry of judgment by
the court. The burden shall be on the employer to show that the
final determination was not supported by substantial evidence.
The Secretary is authorized to require that the petitioner
provide, prior to filing for review, security for payment of
fines and penalties through bond or other guarantee of payment
acceptable to the Secretary.
``(6) Enforcement of orders.--If an employer fails to
comply with a final determination issued against that employer
under this subsection, and the final determination is not
subject to review as provided in paragraph (5), the Attorney
General may file suit to enforce compliance with the final
determination in any appropriate district court of the United
States. In any such suit, the validity and appropriateness of
the final determination shall not be subject to review.
``(f) Criminal Penalties and Injunctions for Pattern or Practice
Violations.--
``(1) Criminal penalty.--An employer that engages in a
pattern or practice of knowing violations of subsection
(a)(1)(A) or (a)(2) shall be fined not more than $20,000 for
each unauthorized alien with respect to whom such a violation
occurs, imprisoned for not more than 6 months for the entire
pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--If the
Secretary or the Attorney General has reasonable cause to
believe that an employer is engaged in a pattern or practice of
employment, recruitment, or referral in violation of paragraph
(1)(A) or (2) of subsection (a), the Attorney General may bring
a civil action in the appropriate district court of the United
States requesting such relief, including a permanent or
temporary injunction, restraining order, or other order against
the employer, as the Secretary deems necessary.
``(g) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring, recruiting, or referring for a fee, of an individual,
to require the individual to post a bond or security, to pay or
agree to pay an amount, or otherwise to provide a financial
guarantee or indemnity, against any potential liability arising
under this section relating to such hiring, recruiting, or
referring of the individual.
``(2) Civil penalty.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (e), to have violated paragraph (1) of
this subsection shall be subject to a civil penalty of $10,000
for each violation and to an administrative order requiring the
return of any amounts received in violation of such paragraph
to the employee or, if the employee cannot be located, to the
Employer Compliance Fund established under section 286(w).
``(h) Prohibition on Award of Government Contracts, Grants, and
Agreements.--
``(1) Employers with no contracts, grants or agreements.--
``(A) In general.--If an employer who does not hold
a Federal contract, grant, or cooperative agreement is
determined by the Secretary to be a repeat violator of
this section or is convicted of a crime under this
section, the employer shall be debarred from the
receipt of a Federal contract, grant, or cooperative
agreement for a period of 2 years. The Secretary 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 period of
2 years.
``(B) Waiver.--The Administrator of General
Services, in consultation with the Secretary and the
Attorney General, may waive operation of this
subsection or may limit the duration or scope of the
debarment.
``(2) Employers with contracts, grants, or agreements.--
``(A) In general.--An employer who holds a Federal
contract, grant, or cooperative agreement and is
determined by the Secretary of Homeland Secretary to be
a repeat violator of this section or is convicted of a
crime under this section, shall be debarred from the
receipt of Federal contracts, grants, or cooperative
agreements for a period of 2 years.
``(B) Notice to agencies.--Prior to debarring the
employer under subparagraph (A), the Secretary, in
cooperation with the Administrator of General Services,
shall advise any agency or department holding a
contract, grant, or cooperative agreement with the
employer 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.
``(C) Waiver.--After consideration of the views of
any agency or department that holds a contract, grant,
or cooperative agreement with the employer, the
Secretary may, in lieu of debarring the employer from
the receipt of new Federal contracts, grants, or
cooperative agreements for a period of 2 years, waive
operation of this subsection, 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. However, any
proposed debarment predicated on an administrative
determination of liability for civil penalty by the
Secretary or the Attorney General shall not be
reviewable in any debarment proceeding. The decision of
whether to debar or take alternation shall not be
judicially reviewed.
``(3) Suspension.--Indictments for violations of this
section or adequate evidence of actions that could form the
basis for debarment under this subsection shall be considered a
cause for suspension under the procedures and standards for
suspension prescribed by the Federal Acquisition Regulation.
``(i) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of aliens (other than aliens
lawfully admitted for permanent residence) eligible to be
employed in the United States, the Secretary shall provide that
any limitations with respect to the period or type of
employment or employer shall be conspicuously stated on the
documentation or endorsement.
``(2) Preemption.--The provisions of this section preempt
any State or local law--
``(A) imposing civil or criminal sanctions (other
than through licensing and similar laws) upon those who
employ, or recruit or refer for a fee for employment,
unauthorized aliens; or
``(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.
``(j) Deposit of Amounts Received.--Except as otherwise specified,
civil penalties collected under this section shall be deposited by the
Secretary into the Employer Compliance Fund established under section
286(w).
``(k) Definitions.--In this section:
``(1) Employer.--The term `employer' means any person or
entity, including any entity of the Government of the United
States, hiring, recruiting, or referring an individual for
employment in the United States.
``(2) No-match notice.--The term `no-match notice' means
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.
``(3) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(4) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either--
``(A) an alien lawfully admitted for permanent
residence; or
``(B) authorized to be so employed by this Act or
by the Secretary.''.
(b) Conforming Amendment.--
(1) Amendment.--Sections 401, 402, 403, 404, and 405 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (division C of Public Law 104-208; 8 U.S.C. 1324a) are
repealed.
(2) Construction.--Nothing in this subsection or in
subsection (d) of section 274A, as amended by subsection (a),
may be construed to limit the authority of the Secretary to
allow or continue to allow the participation of employers who
participated in the basic pilot program under such sections
401, 402, 403, 404, and 405 in the Electronic Employment
Verification System established pursuant to such subsection
(d).
(c) Technical Amendments.--
(1) Definition of unauthorized alien.--Sections 218(i)(1)
(8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) (8
U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' and
inserting ``274A''.
(2) Document requirements.--Section 274B (8 U.S.C. 1324b)
is amended--
(A) in subsections (a)(6) and (g)(2)(B), by
striking ``274A(b)'' and inserting ``274A(d)''; and
(B) in subsection (g)(2)(B)(ii), by striking
``274A(b)(5)'' and inserting ``274A(d)(9)''.
(d) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall take effect on the date that is 180 days after the date
of the enactment of this Act.
SEC. 302. EMPLOYER COMPLIANCE FUND.
Section 286 (8 U.S.C. 1356) is amended by adding at the end the
following new subsection:
``(w) 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 civil monetary penalties collected
by the Secretary of Homeland Security under section 274A.
``(3) Purpose.--Amounts refunded to the Secretary from the
Fund shall be used for the purposes of enhancing and enforcing
employer compliance with section 274A.
``(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.''.
SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.
(a) Worksite Enforcement.--The Secretary shall, subject to the
availability of appropriations for such purpose, annually increase, by
not less than 2,000, the number of positions for investigators
dedicated to enforcing compliance with sections 274 and 274A of the
Immigration and Nationality Act (8 U.S.C. 1324, and 1324a) during the
5-year period beginning date of the enactment of this Act.
(b) Fraud Detection.--The Secretary shall, subject to the
availability of appropriations for such purpose, increase by not less
than 1,000 the number of positions for agents of the Bureau of
Immigration and Customs Enforcement dedicated to immigration fraud
detection during the 5-year period beginning date of the enactment of
this Act.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2007 through
2011 such sums as may be necessary to carry out this section.
SEC. 304. 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''.
TITLE IV--BACKLOG REDUCTION AND VISAS FOR STUDENTS, MEDICAL PROVIDERS,
AND ALIENS WITH ADVANCED DEGREES
SEC. 401. ELIMINATION OF EXISTING BACKLOGS.
(a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 1151(c))
is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--The
worldwide level of family-sponsored immigrants under this subsection
for a fiscal year is equal to the sum of--
``(1) 480,000;
``(2) the difference between the maximum number of visas
authorized to be issued under this subsection during the
previous fiscal year and the number of visas issued during the
previous fiscal year;
``(3) the difference between--
``(A) the maximum number of visas authorized to be
issued under this subsection during fiscal years 2001
through 2005 minus the number of visas issued under
this subsection during those fiscal years; and
``(B) the number of visas calculated under
subparagraph (A) that were issued after fiscal year
2005.''.
(b) Employment-Based Immigrants.--Section 201(d) (8 U.S.C. 1151(d))
is amended to read as follows:
``(d) Worldwide Level of Employment-Based Immigrants.--
``(1) In general.--Subject to paragraph (2), the worldwide
level of employment-based immigrants under this subsection for
a fiscal year is equal to the sum of--
``(A) 290,000;
``(B) the difference between the maximum number of
visas authorized to be issued under this subsection
during the previous fiscal year and the number of visas
issued during the previous fiscal year; and
``(C) the difference between--
``(i) the maximum number of visas
authorized to be issued under this subsection
during fiscal years 2001 through 2005 and the
number of visa numbers issued under this
subsection during those fiscal years; and
``(ii) the number of visas calculated under
clause (i) that were issued after fiscal year
2005.
``(2) Visas for spouses and children.--Immigrant visas
issued on or after October 1, 2004, to spouses and children of
employment-based immigrants shall not be counted against the
numerical limitation set forth in paragraph (1).''.
SEC. 402. COUNTRY LIMITS.
Section 202(a) (8 U.S.C. 1152(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``, (4), and (5)'' and inserting
``and (4)''; and
(B) by striking ``7 percent (in the case of a
single foreign state) or 2 percent'' and inserting ``10
percent (in the case of a single foreign state) or 5
percent''; and
(2) by striking paragraph (5).
SEC. 403. ALLOCATION OF IMMIGRANT VISAS.
(a) Preference Allocation for Family-Sponsored Immigrants.--Section
203(a) (8 U.S.C. 1153(a)) is amended to read as follows:
``(a) Preference Allocations for Family-Sponsored Immigrants.--
Aliens subject to the worldwide level specified in section 201(c) for
family-sponsored immigrants shall be allocated visas as follows:
``(1) Unmarried sons and daughters of citizens.--Qualified
immigrants who are the unmarried sons or daughters of citizens
of the United States shall be allocated visas in a quantity not
to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the class
specified in paragraph (4).
``(2) Spouses and unmarried sons and daughters of permanent
resident aliens.--
``(A) In general.--Visas in a quantity not to
exceed 50 percent of such worldwide level plus any
visas not required for the class specified in paragraph
(1) shall be allocated to qualified immigrants who
are--
``(i) the spouses or children of an alien
lawfully admitted for permanent residence; or
``(ii) the unmarried sons or daughters of
an alien lawfully admitted for permanent
residence.
``(B) Minimum percentage.--Visas allocated to
individuals described in subparagraph (A)(i) shall
constitute not less than 77 percent of the visas
allocated under this paragraph.
``(3) Married sons and daughters of citizens.--Qualified
immigrants who are the married sons and daughters of citizens
of the United States shall be allocated visas in a quantity not
to exceed the sum of--
``(A) 10 percent of such worldwide level; and
``(B) any visas not required for the classes
specified in paragraphs (1) and (2).
``(4) Brothers and sisters of citizens.--Qualified
immigrants who are the brothers or sisters of a citizen of the
United States who is at least 21 years of age shall be
allocated visas in a quantity not to exceed 30 percent of the
worldwide level.''.
(b) Preference Allocation for Employment-Based Immigrants.--Section
203(b) (8 U.S.C. 1153(b)) is amended--
(1) in paragraph (1), by striking ``28.6 percent'' and
inserting ``15 percent'';
(2) in paragraph (2)(A), by striking ``28.6 percent'' and
inserting ``15 percent'';
(3) in paragraph (3)(A)--
(A) by striking ``28.6 percent'' and inserting ``35
percent''; and
(B) by striking clause (iii);
(4) by striking paragraph (4);
(5) by redesignating paragraph (5) as paragraph (4);
(6) in paragraph (4)(A), as redesignated, by striking ``7.1
percent'' and inserting ``5 percent'';
(7) by inserting after paragraph (4), as redesignated, the
following:
``(5) Other workers.--Visas shall be made available, in a
number not to exceed 30 percent of such worldwide level, plus
any visa numbers not required for the classes specified in
paragraphs (1) through (4), to qualified immigrants who are
capable, at the time of petitioning for classification under
this paragraph, of performing unskilled labor that is not of a
temporary or seasonal nature, for which qualified workers are
determined to be unavailable in the United States.''; and
(8) by striking paragraph (6).
(c) Conforming Amendments.--
(1) Definition of special immigrant.--Section 101(a)(27)(M)
(8 U.S.C. 1101(a)(27)(M)) is amended by striking ``subject to
the numerical limitations of section 203(b)(4),''.
(2) Repeal of temporary reduction in workers' visas.--
Section 203(e) of the Nicaraguan Adjustment and Central
American Relief Act (Public Law 105-100; 8 U.S.C. 1153 note) is
repealed.
SEC. 404. RELIEF FOR MINOR CHILDREN.
(a) In General.--Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended
to read as follows:
``(2)(A)(i) Aliens admitted under section 211(a) on the
basis of a prior issuance of a visa under section 203(a) to
their accompanying parent who is an immediate relative.
``(ii) In this subparagraph, the term `immediate relative'
means a child, spouse, or parent of a citizen of the United
States (and each child of such child, spouse, or parent who is
accompanying or following to join the child, spouse, or
parent), except that, in the case of parents, such citizens
shall be at least 21 years of age.
``(iii) An alien who was the spouse of a citizen of the
United States for not less than 2 years at the time of the
citizen's death and was not legally separated from the citizen
at the time of the citizen's death, and each child of such
alien, shall be considered, for purposes of this subsection, to
remain an immediate relative after the date of the citizen's
death if the spouse files a petition under section
204(a)(1)(A)(ii) before the earlier of--
``(I) 2 years after such date; or
``(II) the date on which the spouse remarries.
``(iv) In this clause, an alien who has filed a petition
under clause (iii) or (iv) of section 204(a)(1)(A) remains an
immediate relative if the United States citizen spouse or
parent loses United States citizenship on account of the abuse.
``(B) Aliens born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.''.
(b) Petition.--Section 204(a)(1)(A)(ii) (8 U.S.C. 1154
(a)(1)(A)(ii)) is amended by striking ``in the second sentence of
section 201(b)(2)(A)(i) also'' and inserting ``in section
201(b)(2)(A)(iii) or an alien child or alien parent described in the
201(b)(2)(A)(iv)''.
SEC. 405. STUDENT VISAS.
(a) In General.--Section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is
amended--
(1) in clause (i)--
(A) by striking ``he has no intention of
abandoning, who is'' and inserting the following:
``except in the case of an alien described in clause
(iv), the alien has no intention of abandoning, who
is--
``(I)'';
(B) by striking ``consistent with section 214(l)''
and inserting ``(except for a graduate program
described in clause (iv)) consistent with section
214(m)'';
(C) by striking the comma at the end and inserting
the following: ``; or
``(II) engaged in temporary employment for optional
practical training related to the alien's area of
study, which practical training shall be authorized for
a period or periods of up to 24 months;'';
(2) in clause (ii)--
(A) by inserting ``or (iv)'' after ``clause (i)'';
and
(B) by striking ``, and'' and inserting a
semicolon;
(3) in clause (iii), by adding ``and'' at the end; and
(4) by adding at the end the following:
``(iv) an alien described in clause (i) who
has been accepted and plans to attend an
accredited graduate program in mathematics,
engineering, technology, or the sciences in the
United States for the purpose of obtaining an
advanced degree.''.
(b) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 1184(b))
is amended by striking ``subparagraph (L) or (V)'' and inserting
``subparagraph (F)(iv), (L), or (V)''.
(c) Requirements for F-4 Visa.--Section 214(m) (8 U.S.C. 1184(m))
is amended--
(1) by inserting before paragraph (1) the following:
``(m) Nonimmigrant Elementary, Secondary, and Post-Secondary School
Students.--''; and
(2) by adding at the end the following:
``(3) A visa issued to an alien under section 101(a)(15)(F)(iv)
shall be valid--
``(A) during the intended period of study in a graduate
program described in such section;
``(B) for an additional period, not to exceed 1 year after
the completion of the graduate program, if the alien is
actively pursuing an offer of employment related to the
knowledge and skills obtained through the graduate program; and
``(C) for the additional period necessary for the
adjudication of any application for labor certification,
employment-based immigrant petition, and application under
section 245(a)(2) to adjust such alien's status to that of an
alien lawfully admitted for permanent residence, if such
application for labor certification or employment-based
immigrant petition has been filed not later than 1 year after
the completion of the graduate program.''.
(d) Off Campus Work Authorization for Foreign Students.--
(1) In general.--Aliens admitted as nonimmigrant students
described in section 101(a)(15)(F) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(F)) may be employed in an
off-campus position unrelated to the alien's field of study
if--
(A) the alien has enrolled full time at the
educational institution and is maintaining good
academic standing;
(B) the employer provides the educational
institution and the Secretary of Labor with an
attestation that the employer--
(i) has spent at least 21 days recruiting
United States citizens to fill the position;
and
(ii) will pay the alien and other similarly
situated workers at a rate equal to not less
than the greater of--
(I) the actual wage level for the
occupation at the place of employment;
or
(II) the prevailing wage level for
the occupation in the area of
employment; and
(C) the alien will not be employed more than--
(i) 20 hours per week during the academic
term; or
(ii) 40 hours per week during vacation
periods and between academic terms.
(2) Disqualification.--If the Secretary of Labor determines
that an employer has provided an attestation under paragraph
(1)(B) that is materially false or has failed to pay wages in
accordance with the attestation, the employer, after notice and
opportunity for a hearing, shall be disqualified from employing
an alien student under paragraph (1).
(e) Adjustment of Status.--Section 245(a) (8 U.S.C. 1255(a)) is
amended to read as follows:
``(a) Authorization.--
``(1) In general.--The status of an alien, who was
inspected and admitted or paroled into the United States, or
who has an approved petition for classification under
subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section
204(a)(1), may be adjusted by the Secretary of Homeland
Security or the Attorney General, under such regulations as the
Secretary or the Attorney General may prescribe, to that of an
alien lawfully admitted for permanent residence if--
``(A) the alien makes an application for such
adjustment;
``(B) the alien is eligible to receive an immigrant
visa;
``(C) the alien is admissible to the United States
for permanent residence; and
``(D) an immigrant visa is immediately available to
the alien at the time the application is filed.
``(2) Student visas.--Notwithstanding the requirement under
paragraph (1)(C), an alien may file an application for
adjustment of status under this section if--
``(A) the alien has been issued a visa or otherwise
provided nonimmigrant status under section
101(a)(15)(F)(iv), or would have qualified for such
nonimmigrant status if section 101(a)(15)(F)(iv) had
been enacted before such alien's graduation;
``(B) the alien has earned an advanced degree in
the sciences, technology, engineering, or mathematics;
``(C) the alien is the beneficiary of a petition
filed under subparagraph (E) or (F) of section
204(a)(1); and
``(D) a fee of $1,000 is remitted to the Secretary
on behalf of the alien.
``(3) Limitation.--An application for adjustment of status
filed under this section may not be approved until an immigrant
visa number becomes available.''.
(f) Use of Fees.--
(1) Job training; scholarships.--Section 286(s)(1) (8
U.S.C. 1356(s)(1)) is amended by inserting ``and 80 percent of
the fees collected under section 245(a)(2)(D)'' before the
period at the end.
(2) Fraud prevention and detection.--Section 286(v)(1) (8
U.S.C. 1356(v)(1)) is amended by inserting ``and 20 percent of
the fees collected under section 245(a)(2)(D)'' before the
period at the end.
SEC. 406. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical
Limitations on Employment Based Immigrants.--
(1) In general.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is
amended by adding at the end the following:
``(F) Aliens who have earned an advanced degree in
science, technology, engineering, or math and have been
working in a related field in the United States under a
nonimmigrant visa during the 3-year period preceding
their application for an immigrant visa under section
203(b).
``(G) Aliens described in subparagraph (A) or (B)
of section 203(b)(1)(A) or who have received a national
interest waiver under section 203(b)(2)(B).
``(H) The spouse and minor children of an alien who
is admitted as an employment-based immigrant under
section 203(b).''.
(2) Applicability.--The amendment made by paragraph (1)
shall apply to any visa application--
(A) pending on the date of the enactment of this
Act; or
(B) filed on or after such date of enactment.
(b) Labor Certification.--Section 212(a)(5)(A)(ii) (8 U.S.C.
1182(a)(5)(A)(ii)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(III) has an advanced degree in
the sciences, technology, engineering,
or mathematics from an accredited
university in the United States and is
employed in a field related to such
degree.''.
(c) Temporary Workers.--Section 214(g) (8 U.S.C. 1184(g)) is
amended--
(1) in paragraph (1)--
(A) by striking ``(beginning with fiscal year
1992)''; and
(B) in subparagraph (A)--
(i) in clause (vii), by striking ``each
succeeding fiscal year; or'' and inserting
``each of fiscal years 2004, 2005, and 2006;'';
and
(ii) by adding after clause (vii) the
following:
``(viii) 115,000 in the first fiscal year
beginning after the date of the enactment of
this clause; and
``(ix) the number calculated under
paragraph (9) in each fiscal year after the
year described in clause (viii); or'';
(2) in paragraph (5)--
(A) in subparagraph (B), by striking ``or'' at the
end;
(B) in subparagraph (C), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(D) has earned an advanced degree in science,
technology, engineering, or math.'';
(3) by redesignating paragraphs (9), (10), and (11) as
paragraphs (10), (11), and (12), respectively; and
(4) by inserting after paragraph (8) the following:
``(9) If the numerical limitation in paragraph (1)(A)--
``(A) is reached during a given fiscal year, the
numerical limitation under paragraph (1)(A)(ix) for the
subsequent fiscal year shall be equal to 120 percent of
the numerical limitation of the given fiscal year; or
``(B) is not reached during a given fiscal year,
the numerical limitation under paragraph (1)(A)(ix) for
the subsequent fiscal year shall be equal to the
numerical limitation of the given fiscal year.''.
(d) Applicability.--The amendment made by subsection (c)(2) shall
apply to any visa application--
(1) pending on the date of the enactment of this Act; or
(2) filed on or after such date of enactment.
SEC. 407. MEDICAL SERVICES IN UNDERSERVED AREAS.
Section 220(c) of the Immigration and Nationality Technical
Corrections Act of 1994 (8 U.S.C. 1182 note; Public Law 103-416) is
amended by striking ``Act and before June 1, 2006.'' and inserting
``Act.''.
TITLE V--IMMIGRATION LITIGATION REDUCTION
SEC. 501. CONSOLIDATION OF IMMIGRATION APPEALS.
(a) Reapportionment of Circuit Court Judges.--The table in section
44(a) of title 28, United States Code, is amended in the item relating
to the Federal Circuit by striking ``12'' and inserting ``15''.
(b) Review of Orders of Removal.--Section 242(b) (8 U.S.C. 1252(b))
is amended--
(1) in paragraph (2), by striking the first sentence and
inserting ``The petition for review shall be filed with the
United Sates Court of Appeals for the Federal Circuit.'';
(2) in paragraph (5)(B), by adding at the end the
following: ``Any appeal of a decision by the district court
under this paragraph shall be filed with the United States
Court of Appeals for the Federal Circuit.''; and
(3) in paragraph (7), by amending subparagraph (C) to read
as follows:
``(C) Consequence of invalidation and venue of
appeals.--
``(i) Invalidation.--If the district court
rules that the removal order is invalid, the
court shall dismiss the indictment for
violation of section 243(a).
``(ii) Appeals.--The United States
Government may appeal a dismissal under clause
(i) to the United States Court of Appeals for
the Federal Circuit within 30 days after the
date of the dismissal. If the district court
rules that the removal order is valid, the
defendant may appeal the district court
decision to the United States Court of Appeals
for the Federal Circuit within 30 days after
the date of completion of the criminal
proceeding.''.
(c) Review of Orders Regarding Inadmissable Aliens.--Section 242(e)
(8 U.S.C. 1252(e)) is amended by adding at the end the following new
paragraph:
``(6) Venue.--The petition to appeal any decision by the
district court pursuant to this subsection shall be filed with
the United States Court of Appeals for the Federal Circuit.''.
(d) Exclusive Jurisdiction.--Section 242(g) (8 U.S.C. 1252(g)) is
amended--
(1) by striking ``Except''; and inserting the following:
``(1) In general.--Except''; and
(2) by adding at the end the following:
``(2) Appeals.--Notwithstanding any other provision of law,
the United States Court of Appeals for the Federal Circuit
shall have exclusive jurisdiction to review a district court
order arising from any action taken, or proceeding brought, to
remove or exclude an alien from the United States, including a
district court order granting or denying a petition for writ of
habeas corpus.''.
(e) Jurisdiction of the United States Court of Appeals for the
Federal Circuit.--
(1) Exclusive jurisdiction.--Section 1295(a) of title 28,
United States Code, is amended by adding at the end the
following new paragraph:
``(15) of an appeal to review a final administrative order
or a district court decision arising from any action taken, or
proceeding brought, to remove or exclude an alien from the
United States.''.
(2) Conforming amendments.--Such section 1295(a) is further
amended--
(A) in paragraph (13), by striking ``and''; and
(B) in paragraph (14), by striking the period at
the end and inserting a semicolon and ``and''.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Court of Appeals for the Federal
Circuit for each of the fiscal years 2007 through 2011 such sums as may
be necessary to carry out this subsection, including the hiring of
additional attorneys for the such Court.
(g) Effective Date.--The amendments made by this section shall take
effect upon the date of enactment of this Act and shall apply to any
final agency order or district court decision entered on or after the
date of enactment of this Act.
SEC. 502. ADDITIONAL IMMIGRATION PERSONNEL.
(a) Department of Homeland Security.--
(1) Trial attorneys.--In each of fiscal years 2007 through
2011, the Secretary 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 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.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of fiscal years
2007 through 2011 such sums as may be necessary to carry out
this subsection.
(b) Department of Justice.--
(1) 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.
(2) United states attorneys.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose, increase by
not less than 50 the number of attorneys in the United States
Attorneys' office to litigate immigration cases in the Federal
courts.
(3) Immigration judges.--In each of fiscal years 2007
through 2011, the Attorney General shall, subject to the
availability of appropriations for such purpose--
(A) increase by not less than 20 the number of
full-time immigration judges compared to the number of
such positions for which funds were made available
during the preceding fiscal year; and
(B) increase by not less than 80 the number of
positions for personnel to support the immigration
judges described in subparagraph (A) compared to the
number of such positions for which funds were made
available during the preceding fiscal year.
(4) Staff attorneys.--In each of fiscal years 2007 through
2011, the Attorney General shall, subject to the availability
of appropriations for such purpose--
(A) increase by not less than 10 the number of
positions for full-time staff attorneys in the Board of
Immigration Appeals compared to the number of such
positions for which funds were made available during
the preceding fiscal year; and
(B) increase by not less than 10 the number of
positions for personnel to support the staff attorneys
described in subparagraph (A) compared to 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 Attorney General for each of the
fiscal years 2007 through 2011 such sums as may be necessary to
carry out this subsection, including the hiring of necessary
support staff.
(c) Administrative Office of the United States Courts.--In each of
the fiscal years 2007 through 2011, the Director of the Administrative
Office of the United States Courts shall, subject to the availability
of appropriations, increase by not less than 50 the number of attorneys
in the Federal Defenders Program who litigate criminal immigration
cases in the Federal courts.
SEC. 503. BOARD OF IMMIGRATION APPEALS REMOVAL ORDER AUTHORITY.
(a) In General.--Section 101(a)(47) (8 U.S.C. 1101(a)(47)) is
amended to read as follows:
``(47)(A)(i) The term `order of removal' means the order of
the immigration judge, the Board of Immigration Appeals, or
other administrative officer to whom the Attorney General or
the Secretary of Homeland Security has delegated the
responsibility for determining whether an alien is removable,
concluding that the alien is removable, or ordering removal.
``(ii) The term `order of deportation' means the order of
the special inquiry officer, immigration judge, the Board of
Immigration Appeals, or other such administrative officer to
whom the Attorney General has delegated the responsibility for
determining whether an alien is deportable, concluding that the
alien is deportable, or ordering deportation.
``(B) An order described under subparagraph (A) shall
become final upon the earlier of--
``(i) a determination by the Board of Immigration
Appeals affirming such order;
``(ii) the entry by the Board of Immigration
Appeals of such order;
``(iii) the expiration of the period in which any
party is permitted to seek review of such order by the
Board of Immigration Appeals;
``(iv) the entry by an immigration judge of such
order, if appeal is waived by all parties; or
``(v) the entry by another administrative officer
of such order, at the conclusion of a process
authorized by law other than under section 240.''.
(b) Conforming Amendments.--The Immigration and Nationality Act is
amended--
(1) in section 212(d)(12)(A) (8 U.S.C. 1182(d)(12)(A)), by
inserting ``an order of'' before ``removal''; and
(2) in section 245A(g)(2)(B) (8 U.S.C. 1255a(g)(2)(B))--
(A) in the heading, by inserting ``, removal,''
after ``deportation''; and
(B) in clause (i), by striking ``deportation,'' and
inserting ``deportation or an order of removal,''.
SEC. 504. JUDICIAL REVIEW OF VISA REVOCATION.
Section 221(i) (8 U.S.C. 1201(i)) is amended by striking the last
sentence and inserting ``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 sections 1361
and 1651 of such title, a revocation under this subsection may not be
reviewed by any court, and no court shall have jurisdiction to hear any
claim arising from, or any challenge to, such a revocation.''.
SEC. 505. REINSTATEMENT OF REMOVAL ORDERS.
(a) Reinstatement.--
(1) In general.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is
amended to read as follows:
``(5) Reinstatement of removal orders against aliens
illegally reentering.--
``(A) In general.--If the Secretary of Homeland
Security finds that an alien has entered the United
States illegally after having been removed, deported,
or excluded or having departed voluntarily, under an
order of removal, deportation, or exclusion, regardless
of the date of the original order or the date of the
illegal entry--
``(i) the order of removal, deportation, or
exclusion is reinstated from its original date
and is not subject to being reopened or
reviewed notwithstanding section 242(a)(2)(D);
``(ii) the alien is not eligible and may
not apply for any relief under this Act,
regardless of the date that an application or
request for such relief may have been filed or
made; and
``(iii) the alien shall be removed under
the order of removal, deportation, or exclusion
at any time after the illegal entry.
``(B) No other proceedings.--Reinstatement under
this paragraph shall not require proceedings under
section 240 or other proceedings before an immigration
judge.''.
(2) Conforming amendment.--Section 242(a)(2)(D) (8 U.S.C.
1252(a)(2)(D)) is amended by striking ``section)'' and
inserting ``section or section 241(a)(5))''.
(b) Judicial Review.--Section 242 (8 U.S.C. 1252) is amended by
adding at the end the following new subsection:
``(h) Judicial Review of Reinstatement Under Section 241(a)(5).--
``(1) Review of reinstatement.--Judicial review of a
determination under section 241(a)(5) is available under
subsection (a) of this section.
``(2) No review of original order.--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 sections 1361 and 1651 of such
title, no court shall have jurisdiction to review any cause or
claim, arising from or relating to any challenge to the
original order.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall take effect as if enacted on April 1, 1997, and shall apply to
all orders reinstated on or after that date by the Secretary (or by the
Attorney General prior to March 1, 2003), regardless of the date of the
original order.
SEC. 506. WITHHOLDING OF REMOVAL.
(a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is
amended--
(1) in subparagraph (A), by adding at the end ``The burden
of proof is on the alien to establish that the alien's life or
freedom would be threatened in that country, and that race,
religion, nationality, membership in a particular social group,
or political opinion would be at least one central reason for
such threat.''; and
(2) in subparagraph (C), by striking ``In determining
whether an alien has demonstrated that the alien's life or
freedom would be threatened for a reason described in
subparagraph (A)'' and inserting ``For purposes of this
paragraph,''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if enacted on May 11, 2005, and shall apply to
applications for withholding of removal made on or after such date.
SEC. 507. CERTIFICATE OF REVIEWABILITY.
(a) Briefs.--Section 242(b)(3)(C) (8 U.S.C. 1252(b)(3)(C)) is
amended to read as follows:
``(C) Briefs.--
``(i) Alien's brief.--The alien shall serve
and file a brief in connection with a petition
for judicial review not later than 40 days
after the date on which the administrative
record is available. The court may not extend
this deadline except upon motion for good cause
shown. If an alien fails to file a brief within
the time provided in this subparagraph, the
court shall dismiss the appeal unless a
manifest injustice would result.
``(ii) United states brief.--The United
States shall not be afforded an opportunity to
file a brief in response to the alien's brief
until a judge issues a certificate of
reviewability as provided in subparagraph (D),
unless the court requests the United States to
file a reply brief prior to issuing such
certification.''.
(b) Certificate of Reviewability.--Section 242(b)(3) (8 U.S.C. 1252
(b)(3)) is amended by adding at the end the following new
subparagraphs:
``(D) Certificate of reviewability.--
``(i) After the alien has filed a brief,
the petition for review shall be assigned to
one judge on the Federal Circuit Court of
Appeals.
``(ii) Unless such judge issues a
certificate of reviewability, the petition for
review shall be denied and the United States
may not file a brief.
``(iii) Such judge may not issue a
certificate of reviewability under clause (ii)
unless the petitioner establishes a prima facie
case that the petition for review should be
granted.
``(iv) Such judge shall complete all action
on such certificate, including rendering
judgment, not later than 60 days after the date
on which the judge is assigned the petition for
review, unless an extension is granted under
clause (v).
``(v) Such judge may grant, on the judge's
own motion or on the motion of a party, an
extension of the 60-day period described in
clause (iv) if--
``(I) all parties to the proceeding
agree to such extension; or
``(II) such extension is for good
cause shown or in the interests of
justice, and the judge states the
grounds for the extension with
specificity.
``(vi) If no certificate of reviewability
is issued before the end of the period
described in clause (iv), including any
extension under clause (v), the petition for
review shall be denied, any stay or injunction
on petitioner's removal shall be dissolved
without further action by the court or the
Government, and the alien may be removed.
``(vii) If such judge issues a certificate
of reviewability under clause (ii), the
Government shall be afforded an opportunity to
file a brief in response to the alien's brief.
The alien may serve and file a reply brief not
later than 14 days after service of the
Government brief, and the court may not extend
this deadline except upon motion for good cause
shown.
``(E) No further review of decision not to issue a
certificate of reviewability.--The decision of a judge
on the Federal Circuit Court of Appeals not to issue a
certificate of reviewability or to deny a petition for
review, shall be the final decision for the Federal
Circuit Court of Appeals and may not be reconsidered,
reviewed, or reversed by the such Court through any
mechanism or procedure.''.
SEC. 508. DISCRETIONARY DECISIONS ON MOTIONS TO REOPEN OR RECONSIDER.
(a) Exercise of Discretion.--Section 240(c) (8 U.S.C. 1229a(c)) is
amended--
(1) in paragraph (6), by adding at the end the following
new subparagraph:
``(D) Discretion.--The decision to grant or deny a
motion to reconsider is committed to the Attorney
General's discretion.''; and
(2) in paragraph (7), by adding at the end the following
new subparagraph:
``(D) Discretion.--The decision to grant or deny a
motion to reopen is committed to the Attorney General's
discretion.''.
(b) Eligibility for Protection From Removal to Alternative
Country.--Section 240(c) (8 U.S.C. 1229a(c)), as amended by subsection
(a), is further amended by adding at the end of paragraph (7)(C) the
following new clause:
``(v) Special rule for alternative
countries of removal.--The requirements of this
paragraph may not apply if--
``(I) the Secretary of Homeland
Security is seeking to remove the alien
to an alternative or additional country
of removal under paragraph (1)(C),
2(D), or 2(E) of section 241(b) that
was not considered during the alien's
prior removal proceedings;
``(II) the alien's motion to reopen
is filed within 30 days after receiving
notice of the Secretary's intention to
remove the alien to that country; and
``(III) the alien establishes a
prima facie case that the alien is
entitled by law to withholding of
removal under section 241(b)(3) or
protection under the Convention Against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, done
at New York December 10, 1984, with
respect to that particular country.''.
(c) Effective Date.--This amendment made by this section shall
apply to motions to reopen or reconsider which are filed on or after
the date of the enactment of this Act in removal, deportation, or
exclusion proceedings, whether a final administrative order is entered
before, on, or after the date of the enactment of this Act.
SEC. 509. PROHIBITION OF ATTORNEY FEE AWARDS FOR REVIEW OF FINAL ORDERS
OF REMOVAL.
(a) In General.--Section 242 (8 U.S.C. 1252), as amended by section
505(b), is further amended by adding at the end the following new
subsection:
``(i) Prohibition on Attorney Fee Awards.--Notwithstanding any
other provision of law, a court may not award fees or other expenses to
an alien based upon the alien's status as a prevailing party in any
proceedings relating to an order of removal issued under this Act,
unless the court of appeals concludes that the determination of the
Attorney General or the Secretary of Homeland Security that the alien
was removable under sections 212 and 237 was not substantially
justified.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to proceedings relating to an order of removal issued on or after
the date of the enactment of this Act, regardless of the date that such
fees or expenses were incurred.
SEC. 510. BOARD OF IMMIGRATION APPEALS.
(a) Requirement to Hear Cases in 3-Member Panels.--
(1) In general.--Except as provided in paragraphs (2) and
(3), cases before the Board of Immigration Appeals of the
Department of Justice shall be heard by 3-member panels of such
Board.
(2) Hearing by a single member.--A 3-member panel of the
Board of Immigration Appeals or a member of such Board alone
may--
(A) summarily dismiss any appeal or portion of any
appeal in any case which--
(i) the party seeking the appeal fails to
specify the reasons for the appeal;
(ii) the only reason for the appeal
specified by such party involves a finding of
fact or a conclusion of law that was conceded
by that party at a prior proceeding;
(iii) the appeal is from an order that
granted such party the relief that had been
requested;
(iv) the appeal is determined to be filed
for an improper purpose, such as to cause
unnecessary delay; or
(v) the appeal lacks an arguable basis in
fact or in law and is not supported by a good
faith argument for extension, modification, or
reversal of existing law;
(B) grant an unopposed motion or a motion to
withdraw an appeal pending before the Board; or
(C) adjudicate a motion to remand any appeal--
(i) from the decision of an officer of the
Department if the appropriate official of the
Department requests that the matter be remanded
back for further consideration;
(ii) if remand is required because of a
defective or missing transcript; or
(iii) if remand is required for any other
procedural or ministerial issue.
(3) Hearing en banc.--The Board of Immigration Appeals may,
by a majority vote of the Board members--
(A) consider any case as the full Board en banc; or
(B) reconsider as the full Board en banc any case
that has been considered or decided by a 3-member
panel.
(b) Affirmance Without Opinion.--Upon individualized review of a
case, the Board of Immigration Appeals may affirm the decision of an
immigration judge without opinion only if--
(1) the decision of the immigration judge resolved all
issues in the case;
(2) the issue on appeal is squarely controlled by existing
Board or Federal court precedent and does not involve the
application of precedent to a novel fact situation;
(3) the factual and legal questions raised on appeal are so
insubstantial that the case does not warrant the issuance of a
written opinion in the case; and
(4) the Board approves both the result reached in the
decision below and all of the reasoning of that decision.
(c) Requirement for Regulations.--Not later than 180 days after the
date of the enactment of this Act, the Attorney General shall
promulgate regulations to carry out this section.
TITLE VI--MISCELLANEOUS
SEC. 601. TECHNICAL AND CONFORMING AMENDMENTS.
The Attorney General, in consultation with the Secretary, shall, as
soon as practicable but not later than 90 days after the date of the
enactment of this Act, submit to Congress a draft of any technical and
conforming changes in the Immigration and Nationality Act which are
necessary to reflect the changes in the substantive provisions of law
made by the Homeland Security Act of 2002, this Act, or any other
provision of law.
Calendar No. 376
109th CONGRESS
2d Session
S. 2454
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to provide for
comprehensive reform and for other purposes.
_______________________________________________________________________
March 16 (legislative day, March 15), 2006
Read twice and ordered to be placed on the calendar