[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3531 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3531

 To amend the Immigration and Nationality Act to improve the interior 
enforcement of the immigration laws of the United States, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 14, 2007

 Ms. Ginny Brown-Waite of Florida (for herself, Mr. Miller of Florida, 
  Mrs. Drake, Mr. Bilbray, and Mr. Tancredo) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
  addition to the Committee on Homeland Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to improve the interior 
enforcement of the immigration laws of the United States, 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 ``Accountability in 
Enforcing Immigration Laws Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                      TITLE I--ILLEGAL IMMIGRATION

Sec. 101. Making illegal immigration a felony.
Sec. 102. Detention of illegal aliens.
Sec. 103. State and local law enforcement bonuses.
Sec. 104. Employment investigations and restrictions for airport 
                            workers.
Sec. 105. Terrorist watchlist and immigration status review for high-
                            risk critical infrastructure.
Sec. 106. Declaration of Congress regarding rapes along the border with 
                            Mexico.
                         TITLE II--ENFORCEMENT

Sec. 201. Federal affirmation of assistance in the immigration law 
                            enforcement by States and political 
                            subdivisions of States.
Sec. 202. Training of State and local law enforcement personnel 
                            relating to the enforcement of immigration 
                            laws.
Sec. 203. Financial assistance to State and local police agencies that 
                            assist in the enforcement of immigration 
                            laws.
Sec. 204. Institutional removal program (IRP).
Sec. 205. State criminal alien assistance program (SCAAP).
Sec. 206. State authorization for assistance in the enforcement of 
                            immigration laws encouraged.
Sec. 207. Listing of immigration violators in the National Crime 
                            Information Center database.

                      TITLE I--ILLEGAL IMMIGRATION

SEC. 101. MAKING ILLEGAL IMMIGRATION A FELONY.

    Section 275(a) of the Immigration and Nationality Act (8 U.S.C. 
1325(a)) is amended by striking ``or imprisoned not more than 6 months, 
or both, and, for a subsequent commission of any such offense, be fined 
under title 18, United States Code''.

SEC. 102. DETENTION OF ILLEGAL ALIENS.

    (a) In General.--The Commissioner of United State Immigration and 
Customs Enforcement shall provide--
            (1) for the detention of all aliens unlawfully present in 
        the United States who are apprehended by State or local law 
        enforcement officers; and
            (2) in the case of a State or local government the law 
        enforcement agency of which detains such an alien, for the 
        payment to such government of the per diem rate to detain such 
        alien from the time of notification to United States 
        Immigration and Customs Enforcement by such government of such 
        detention until such alien is removed from such detention.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out subsection (a).

SEC. 103. STATE AND LOCAL LAW ENFORCEMENT BONUSES.

    The Secretary of Homeland Security is authorized, under the program 
carried out under section 287(g) of the Immigration and Nationality Act 
(8 U.S.C. 1357(g)), to pay bonuses to State and local law enforcement 
agencies for assistance in enforcing immigration laws.

SEC. 104. EMPLOYMENT INVESTIGATIONS AND RESTRICTIONS FOR AIRPORT 
              WORKERS.

    Section 44936(a)(1) of title 49, United States Code, is amended in 
subparagraphs (A) and (B)--
            (1) by inserting ``, immigration status check,'' after 
        ``criminal history record check''; and
            (2) by inserting ``on an annual basis'' after ``be 
        conducted''.

SEC. 105. TERRORIST WATCHLIST AND IMMIGRATION STATUS REVIEW FOR HIGH-
              RISK CRITICAL INFRASTRUCTURE.

    There are authorized to be appropriated to the Secretary of 
Homeland Security such sums as may be necessary for the Secretary to 
require, as a condition of receipt of a grant under the Buffer Zone 
Protection Program for a Tier I or Tier II critical infrastructure 
site, that the owner and operator of the site conduct checks of their 
employees whose functions affect the security of the site against 
available terrorist watchlists and immigration status databases.

SEC. 106. DECLARATION OF CONGRESS REGARDING RAPES ALONG THE BORDER WITH 
              MEXICO.

    Congress condemns rapes by smugglers along the international land 
border of the United States and urges in the strongest possible terms 
the Government of Mexico to work in coordination with United States 
Customs and Border Protection take immediate action to prevent such 
rapes from occurring.

                         TITLE II--ENFORCEMENT

SEC. 201. FEDERAL AFFIRMATION OF ASSISTANCE IN THE IMMIGRATION LAW 
              ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF 
              STATES.

    (a) In General.--Notwithstanding any other provision of law and 
reaffirming the existing inherent authority of States, law enforcement 
personnel of a State or a political subdivision of a State have the 
inherent authority of a sovereign entity to investigate, identify, 
apprehend, arrest, detain, or transfer to Federal custody aliens in the 
United States (including the transportation of such aliens across State 
lines to detention centers), for the purposes of assisting in the 
enforcement of the immigration laws of the United States in the course 
of carrying out routine duties. This State authority has never been 
displaced or preempted by Congress.
    (b) Construction.--Nothing in this section may be construed to 
require law enforcement personnel of a State or political subdivision 
of a State to--
            (1) report the identity of a victim of, or a witness to, a 
        criminal offense to the Secretary of Homeland Security for 
        immigration enforcement purposes; or
            (2) arrest such victim or witness for a violation of the 
        immigration laws of the United States.

SEC. 202. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL 
              RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Establishment of Training Manual and Pocket Guide.--Not later 
than 180 days after the date of the enactment of this Act, the 
Secretary of Homeland Security shall establish--
            (1) a training manual for law enforcement personnel of a 
        State or political subdivision of a State to train such 
        personnel in the investigation, identification, apprehension, 
        arrest, detention, and transfer to Federal custody of aliens in 
        the United States (including the transportation of such aliens 
        across State lines to detention centers and the identification 
        of fraudulent documents); and
            (2) an immigration enforcement pocket guide for law 
        enforcement personnel of a State or political subdivision of a 
        State to provide a quick reference for such personnel in the 
        course of duty.
    (b) Availability.--The training manual and pocket guide established 
in accordance with subsection (a) shall be made available to all State 
and local law enforcement personnel.
    (c) Applicability.--Nothing in this section shall be construed to 
require State or local law enforcement personnel to carry the training 
manual or pocket guide established under subsection (a)(2) with them 
while on duty.
    (d) Costs.--The Secretary of Homeland Security shall be responsible 
for any and all costs incurred in establishing the training manual and 
pocket guide under subsection (a).
    (e) Training Flexibility.--
            (1) In general.--The Secretary of Homeland Security shall 
        make training of State and local law enforcement officers 
        available through as many means as possible, including 
        residential training at the Center for Domestic Preparedness, 
        onsite training held at State or local police agencies or 
        facilities, online training courses by computer, 
        teleconferencing, and videotape, or the digital video display 
        (DVD) of a training course or courses. E-learning through a 
        secure, encrypted distributed learning system that has all its 
        servers based in the United States, is sealable, survivable, 
        and can have a portal in place within 30 days, shall be made 
        available by the Federal Law Enforcement Training Center 
        Distributed Learning Program for State and local law 
        enforcement personnel.
            (2) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace the training of Federal personnel.
            (3) Clarification.--Nothing in this Act or any other 
        provision of law shall be construed as making any immigration-
        related training a requirement for, or prerequisite to, any 
        State or local law enforcement officer to assist in the 
        enforcement of Federal immigration laws in the normal course of 
        carrying out their normal law enforcement duties.
    (f) Training Limitation.--Section 287(g) of the Immigration and 
Nationality Act (8 U.S.C. 1357(g)) is amended--
            (1) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears; and
            (2) in paragraph (2), by adding at the end the following 
        new sentence: ``Such training shall not exceed 14 days or 80 
        hours, whichever is longer.''.

SEC. 203. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT 
              ASSIST IN THE ENFORCEMENT OF IMMIGRATION LAWS.

    (a) Grants for Special Equipment for Housing and Processing Illegal 
Aliens.--From amounts made available to make grants under this section, 
the Secretary of Homeland Security shall make grants to States and 
political subdivisions of States for procurement of equipment, 
technology, facilities, and other products that facilitate and are 
directly related to investigating, apprehending, arresting, detaining, 
or transporting immigration law violators, including additional 
administrative costs incurred under this Act.
    (b) Eligibility.--To be eligible to receive a grant under this 
section, a State or political subdivision of a State must have the 
authority to, and have in effect the policy and practice to, assist in 
the enforcement of the immigration laws of the United States in the 
course of carrying out such agency's routine law enforcement duties.
    (c) Funding.--There is authorized to be appropriated to the 
Secretary of Homeland Security $250,000,000 for fiscal year 2008 and 
each subsequent fiscal year to make grants under this section.
    (d) GAO Audit.--Not later than three years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall conduct an audit of funds distributed to States and political 
subdivisions of States under subsection (a).

SEC. 204. INSTITUTIONAL REMOVAL PROGRAM (IRP).

    (a) Continuation and Expansion.--
            (1) In general.--The Secretary of Homeland Security shall 
        continue to operate and implement the program known as the 
        Institutional Removal Program (IRP) which--
                    (A) identifies removable criminal aliens in Federal 
                and State correctional facilities;
                    (B) ensures such aliens are not released into the 
                community; and
                    (C) removes such aliens from the United States 
                after the completion of their sentences.
            (2) Expansion.--The institutional removal program shall be 
        extended to all States. Any State that receives Federal funds 
        for the incarceration of criminal aliens shall--
                    (A) cooperate with officials of the institutional 
                removal program;
                    (B) expeditiously and systematically identify 
                criminal aliens in its prison and jail populations; and
                    (C) promptly convey such information to officials 
                of such program as a condition for receiving such 
                funds.
    (b) Authorization for Detention After Completion of State or Local 
Prison Sentence.--Law enforcement officers of a State or political 
subdivision of a State are authorized to--
            (1) hold an illegal alien for a period of up to 14 days 
        after the alien has completed the alien's State prison sentence 
        in order to effectuate the transfer of the alien to Federal 
        custody when the alien is removable or not lawfully present in 
        the United States; or
            (2) issue a detainer that would allow aliens who have 
        served a State prison sentence to be detained by the State 
        prison until personnel from United States Immigration and 
        Customs Enforcement can take the alien into custody.
    (c) Technology Usage.--Technology such as video conferencing shall 
be used to the maximum extent possible in order to make the 
Institutional Removal Program (IRP) available in remote locations. 
Mobile access to Federal databases of aliens, such as IDENT, and live 
scan technology shall be used to the maximum extent practicable in 
order to make these resources available to State and local law 
enforcement agencies in remote locations.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Homeland Security to carry out the 
Institutional Removal Program--
            (1) $100,000,000 for fiscal year 2008;
            (2) $115,000,000 for fiscal year 2009;
            (3) $130,000,000 for fiscal year 2010;
            (4) $145,000,000 for fiscal year 2011; and
            (5) $160,000,000 for fiscal year 2012.

SEC. 205. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

    Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 
1231(i)) is amended by inserting before the period at the end the 
following: ``and $1,000,000,000 for each subsequent fiscal year''.

SEC. 206. STATE AUTHORIZATION FOR ASSISTANCE IN THE ENFORCEMENT OF 
              IMMIGRATION LAWS ENCOURAGED.

    (a) In General.--Effective six months after the date of the 
enactment of this Act, a State, or political subdivision of a State, 
that has in effect a statute, policy, or practice that prohibits law 
enforcement officers of the State, or of a political subdivision within 
the State, from assisting or cooperating with Federal immigration law 
enforcement in the course of carrying out the officers' routine law 
enforcement duties shall not receive 25 percent of the non-emergency 
funds that would otherwise be allocated to the State, or to the 
political subdivision of the State, from the Department of Homeland 
Security. If the Secretary of Homeland Security determines that such is 
appropriate, the Secretary may withhold an additional 25 percent of 
such funds that would otherwise be so allocated.
    (b) Rule of Construction.--Nothing in this section shall require a 
law enforcement official from a State or a political subdivision of a 
State to report or arrest victims or witnesses of a criminal offense.
    (c) Reallocation of Funds.--Any funds that are not allocated to a 
State or to political subdivision of a State due to the failure of the 
State or the political subdivision of a State to comply with subsection 
(a) shall be reallocated to States or political subdivisions of States 
that comply with such subsection.

SEC. 207. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

    (a) Provision of Information to the NCIC.--Not later than 180 days 
after the date of the enactment of this Act, the Under Secretary for 
Border and Transportation Security of the Department of Homeland 
Security shall provide the National Crime Information Center of the 
Department of Justice with such information as the Under Secretary may 
have on any aliens against whom a final order of removal has been 
issued, any aliens who have signed a voluntary departure agreement, any 
aliens who have overstayed their authorized period of stay, and any 
aliens whose visas have been revoked. Such information shall be 
provided to the National Crime Information Center, and the National 
Crime Information Center shall enter such information into the 
Immigration Violators File of the National Crime Information Center 
database, regardless of whether--
            (1) the alien received notice of a final order of removal;
            (2) the alien has already been removed; or
            (3) sufficient identifying information is available on the 
        alien.
    (b) Inclusion of Information in the NCIC Database.--Section 534(a) 
of title 28, United States Code, is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States, 
        regardless of whether the alien has received notice of the 
        violation or whether sufficient identifying information is 
        available on the alien and even if the alien has already been 
        removed.''.
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