[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3851 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 3851

To amend various laws imposing criminal penalties to double the maximum 
   penalty for illegal aliens who commit those crimes, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 16, 2007

  Mr. Carter introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
     Homeland Security and Energy and Commerce, 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 various laws imposing criminal penalties to double the maximum 
   penalty for illegal aliens who commit those crimes, 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 ``Non-Citizen 
Enforcement Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Continued increase in full-time border patrol agents.
Sec. 3. Powers of State officers and employees.
Sec. 4. Listing on NCIC of aliens ordered removed in absentia.
Sec. 5. Penalties for aliens unlawfully present in the United States.
Sec. 6. State Criminal Alien Assistance Program (SCAAP).
Sec. 7. Increased penalties for certain crimes by illegal aliens.
Sec. 8. Increased penalties for smuggling previously deported aliens.

SEC. 2. CONTINUED INCREASE IN NUMBER OF FULL-TIME BORDER PATROL AGENTS.

    Section 5202 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108-458) is amended by adding at the end the 
following: ``The Secretary of Homeland Security shall continue to 
increase by not less than 2,000 the number of positions for full-time 
active-duty border patrol agents in each fiscal year after fiscal year 
2010, until the Secretary certifies to the Congress effective control 
of the border through the Secure Border Initiative has been achieved. 
Such certification shall include a description of following:
            ``(1) The recruitment incentives being implemented for 
        Border Patrol agents.
            ``(2) The plan, including payment of bonuses, being 
        implemented for retention of Border Patrol agents.
            ``(3) The methodology used in determining that effective 
        control of the border has been achieved.''.

SEC. 3. POWERS OF STATE OFFICERS AND EMPLOYEES.

    Section 287(a) of the Immigration and Nationality Act (8 U.S.C. 
1357(a)) is amended by adding at the end the following: 
``Notwithstanding subsection (g), and in addition to other authority 
under law, an officer or employee of a State, or any political 
subdivision of a State, shall have the authority, and is directed, to 
arrest any alien unlawfully present in the United States who has been 
ordered removed in absentia. Such State or political subdivision shall 
coordinate with the Secretary of Homeland Security the transportation 
and detention of aliens so arrested.''.

SEC. 4. LISTING ON NCIC OF ALIENS ORDERED REMOVED IN ABSENTIA.

    Section 240(b)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1229a(b)(4)(A)) is amended by adding at the end the following: 
``In the case of an alien who is ordered removed in absentia under this 
subparagraph, if a motion to reopen the order is not filed within the 
180-day period beginning on the date the order is issued, the Secretary 
of Homeland Security, through Immigration and Customs Enforcement, 
shall provide at the end of such period for the posting of the name of 
the alien on the Absconder Category of the National Criminal 
Information Center database.''.

SEC. 5. PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.

    (a) In General.--Section 275 of the Immigration and Nationality Act 
(8 U.S.C. 1325)is amended--
            (1) in the heading, by inserting ``unlawful presence'' 
        after ``improper time or place;''; and
            (2) in subsection (a)--
                    (A) by striking ``Any alien'' and inserting 
                ``Except as provided in subsection (b), any alien'';
                    (B) by striking ``or'' before ``(3)''; and
                    (C) by inserting after ``concealment of a material 
                fact,'' the following: ``or (4) is otherwise present in 
                the United States in violation of the immigration laws 
                or the regulations prescribed thereunder''.
    (b) Clerical Amendment.--The item in the table of contents of such 
Act relating to section 275 is amended by inserting ``unlawful 
presence'' after ``improper time or place;''.

SEC. 6. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (SCAAP).

    (a) Increase in Authorized Funding.--Paragraph (5)(C) of section 
241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is 
amended by striking ``$950,000,000'' and inserting ``$1,500,000,000''.
    (b) Clarification of Use of Funds for Transportation and Related 
Costs.--Paragraph (6) of such section is amended by inserting ``, 
including for transportation and related costs'' after ``for 
correctional purposes''.

SEC. 7. INCREASED PENALTIES FOR CERTAIN CRIMES BY ILLEGAL ALIENS.

    (a) Possession of Firearms.--Section 924(a)(2) of title 18, United 
States Code, is amended by adding at the end the following: ``If the 
person described in section 922(g) is an alien who is not lawfully in 
this country and the offense is an offense under section 922(g), then 
the maximum term of imprisonment that may be imposed for that offense 
is 20 years.''.
    (b) Distribution of Controlled Substances and Related Offenses.--
Section 404(a) of the Controlled Substances Act (21 U.S.C. 844) is 
amended by adding at the end the following: ``If the offense under this 
section is committed by an alien who is not lawfully in this country, 
the maximum term of imprisonment that may be imposed for the offense is 
twice the maximum otherwise provided by this section.''.

SEC. 8. INCREASED PENALTIES FOR SMUGGLING PREVIOUSLY DEPORTED ALIENS.

    Section 274(a)(1)(B) of the Immigration and Nationality Act (8 
U.S.C. 1324(a)(1)(B)) is amended by inserting, ``, but if the alien 
with respect to whom the violation occurs has a criminal conviction as 
recorded in the National Crime Information Center, the maximum term of 
imprisonment is 20 years'' after ``or both''.
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