[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3638 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3638

     To end the cycle of illegal immigration in the United States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2007

Mr. Burton of Indiana 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 end the cycle of illegal immigration in the United States.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Border Security 
and Elimination of Sanctuary for Illegal Aliens Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The illegal entry into the United States of dangerous 
        gang members, such as MS-13, is a direct threat to the security 
        of the United States.
            (2) The continuing rise of illegal immigration increases 
        the chances that a terrorist will gain entry into the United 
        States undetected.
            (3) The rising cost to United States taxpayers to support 
        housing, health care, education expenses, and criminal justice 
        for illegal aliens has reached between $11,000,000,000 and 
        $22,000,000,000 per year.
            (4) Any attempt to deal with illegal aliens currently 
        living in the United States must start with the United States 
        securing its borders.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that the worsening crisis of illegal 
immigration must be solved.

SEC. 4. BORDER SECURITY.

    (a) Full-Time Active-Duty Border Patrol Agents.--In order to 
fulfill the requirement under section 5202 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
3734) (relating to an increase in the number of positions for full-time 
active-duty border patrol agents within the Department of Homeland 
Security), and subject to the availability of appropriations for such 
purpose, the Secretary of Homeland Security shall--
            (1) increase incentives to recruit individuals to become 
        such agents by offering such individuals repayment of higher 
        education loans, not to exceed $6,000 per year and a maximum of 
        $40,000; and
            (2) develop incentives to retain experienced border patrol 
        agents through the establishment of a retention program.
    (b) Deployment of Technology.--In accordance with section 2(a)(1) 
of the Secure Fence Act of 2006 (Public Law 109-367; 8 U.S.C. 1701 
note), the Secretary of Homeland Security is authorized to deploy 
newly-developed and cutting-edge technologies to secure the 
international land and maritime borders of the United States.
    (c) Construction of Border Fence.--The Secretary of Homeland 
Security shall--
            (1) make a priority the construction of the border fencing 
        required under section 102 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note); 
        and
            (2) not later than June 30, 2008, submit to Congress a 
        report on the progress and expected completion date of such 
        construction.

SEC. 5. MANDATED COLLABORATION TO END SANCTUARY OF ILLEGAL ALIENS.

    If an alien who is unlawfully present in the United States is 
arrested for any offense by a State or local law enforcement agency, 
the head of such agency shall immediately notify United States 
Immigration and Customs Enforcement (ICE) of such arrest and the 
identity of such alien.

SEC. 6. EXPEDITED REMOVAL AND CRIMINAL PENALTIES OF CRIMINAL ALIENS.

    (a) Action by ICE; Expedited Removal.--Upon notification under 
section 5, the alien arrested under such section shall be immediately 
detained by United States Immigration and Customs Enforcement and 
presented before an immigration judge (as defined in section 101(b)(4) 
of the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))), the name 
and fingerprints of such alien shall be added to an appropriate watch 
list maintained by the Department of Homeland Security concerning 
aliens who have been unlawfully present in the United States, and such 
immigration judge shall order such alien immediately removed from the 
United States without being released from detention and without further 
hearing or review in the same manner as an alien described in 
subparagraph (A)(i) of section 235(b)(1) of such Act (8 U.S.C. 
1225(b)(1)) is subject to immediate removal from the United States 
under the provisions of such section.
    (b) Permanent Ineligibility for Admission to United States.--
Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(9)(C)(i)(I)) is amended by striking ``for an aggregate 
period of more than 1 year'' and inserting ``for any period of time''.
    (c) Criminal Penalties for Subsequent Unlawful Presence.--An alien 
who is removed from the United States under subsection (a) and who is 
subsequently determined to be unlawfully present in the United States 
shall be imprisoned for not more than five years and fined in 
accordance with title 18, United States Code, and shall be removed from 
the United States in accordance with the expedited removal proceedings 
described in such subsection after the completion of such alien's term 
of imprisonment.
                                 <all>