[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 499 Introduced in House (IH)]







110th CONGRESS
  1st Session
H. RES. 499

     Expressing the sense of the House of Representatives that the 
Administration should rigorously enforce the laws of the United States 
to substantially reduce illegal immigration and greatly improve border 
                               security.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 2007

Mr. Smith of Texas (for himself and Mr. King of New York) submitted the 
   following resolution; which was referred to the Committee on the 
Judiciary, and in addition to the Committees on Financial Services and 
 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

_______________________________________________________________________

                               RESOLUTION


 
     Expressing the sense of the House of Representatives that the 
Administration should rigorously enforce the laws of the United States 
to substantially reduce illegal immigration and greatly improve border 
                               security.

Whereas the President of the United States has the primary authority to employ 
        Federal Government resources to enforce immigration laws;
Whereas forty percent of the estimated twelve to twenty million illegal 
        immigrants currently in the United States have overstayed their non-
        immigrant visas;
Whereas the implementation of the United States Visitor and Immigrant Status 
        Indicator Technology (U.S.-VISIT) program would ensure that the Federal 
        Government knows whether people who entered the country on a short-term 
        visa return home;
Whereas the U.S. Treasury Department decision to allow financial institutions to 
        accept the Mexican matricula consular card as valid identification for 
        the purpose of opening bank accounts encourages illegal immigrants to 
        stay in the United States;
Whereas Federal Bureau of Investigation officials have testified under oath that 
        the matricula consular card ``is not a reliable form of identification, 
        due to the non-existence of any means of verifying the true identity of 
        the card holder'' and because the card is so vulnerable to fraud and 
        forgery ``there are two major criminal threats posed by the cards, and 
        one potential terrorist threat'';
Whereas this and previous Administrations have failed to enforce the legally 
        binding affidavits of support that sponsors of immigrants sign;
Whereas the lack of such enforcement lets immigrants know they can wrongfully 
        take advantage of government benefits paid for by American taxpayers;
Whereas ninety-eight percent of illegal immigrants arrested along the U.S.-
        Mexico border between 2000 and 2005 were simply released across the 
        border without prosecution, and many were caught and released multiple 
        times;
Whereas such a catch and return without prosecution policy encourages illegal 
        immigrants to keep trying to enter illegally and creates a revolving 
        door of illegal immigration;
Whereas this and previous Administrations have largely ignored laws enacted as 
        part of the Immigration Reform and Control Act of 1986 that impose fines 
        on businesses that employ illegal workers;
Whereas in 2004, the Administration did not issue any final orders to employers 
        for hiring illegal immigrants;
Whereas in 2005, the Administration issued only 10 such final orders;
Whereas not enforcing employer sanctions encourages the hiring of illegal 
        immigrants and the easy availability of jobs acts as a magnet that 
        attracts illegal immigrants;
Whereas neither the United States Department of Homeland Security nor the United 
        States Department of Justice has filed suit to stop any of the ten 
        states that allow colleges and universities to offer in-state tuition 
        rates to illegal immigrants in violation of section 505 of the ``Illegal 
        Immigration Reform and Immigrant Responsibility Act of 1996'';
Whereas such a policy unfairly burdens U.S. citizens because there are fewer 
        places for legal residents in those colleges or universities and out-of-
        state students pay more than illegal immigrants;
Whereas in some judicial jurisdictions alien smugglers must be caught smuggling 
        at least twelve illegal immigrants before they will be prosecuted by the 
        U.S. Attorney's Office;
Whereas such a policy acts as an incentive for smugglers to continue their trade 
        as long as they do not breach the arbitrary threshold for prosecution;
Whereas there are currently only 13,500 Border Patrol agents, which is 1,306 
        less than the number Congress required be in place by the end of FY 2007 
        in the ``Intelligence Reform and Terrorism Prevention Act of 2004'';
Whereas more Border Patrol agents will help ensure effective control of the U.S-
        Mexico border;
Whereas there are currently only 27,500 detention beds for holding illegal 
        immigrants which is 15,944 less than the number Congress required be in 
        use by the end of FY 2007 in the ``Intelligence Reform and Terrorism 
        Prevention Act of 2004'';
Whereas additional detention beds will help ensure that all criminal aliens and 
        individuals apprehended while crossing the border illegally are detained 
        prior to prosecution and deportation;
Whereas there are currently only 5,571 Immigration and Customs Enforcement 
        investigators, which is less than the number Congress required be in 
        place by the end of FY 2007 in the ``Intelligence Reform and Terrorism 
        Prevention Act of 2004'';
Whereas additional investigators will help ensure that sufficient worksite 
        enforcement is performed to impose employer sanctions on those who hire 
        illegal immigrants;
Whereas Congress passed and the President signed the ``Secure Fence Act of 
        2006'' requiring more than 700 miles of fencing to be built along the 
        U.S.-Mexico border;
Whereas as of June 5, 2007, only 87 miles of fencing exists even though such 
        fencing helps deter illegal border crossing;
Whereas the Department of Homeland Security may use expedited removal procedures 
        for any illegal immigrants who have not been admitted or paroled into 
        the United States and who have not affirmatively shown that they have 
        been inside the United States for two years;
Whereas the Department of Homeland Security only uses expedited removal 
        procedures for illegal immigrants who are apprehended within 100 miles 
        of the U.S. border and within 14 days of entry to the United States even 
        though wider use of expedited removal would help decrease the number of 
        appeals of removal orders which clog the Federal court system; and
Whereas the current illegal immigration crisis is a direct result of this and 
        previous Administrations failing to enforce or adequately enforce at 
        least eight immigration laws passed by Congress and enacted by the 
        current and former Administrations: Now, therefore, be it
    Resolved,  That it is the sense of the House of Representatives 
that--
            (1) the Administration should--
                    (A) implement the entry and exit portions of the 
                United States Visitor and Immigrant Status Indicator 
                Technology program (U.S.-VISIT), as required by the 
                Illegal Immigration Reform and Immigrant Responsibility 
                Act of 1996;
                    (B) reverse the Treasury Department's decision to 
                allow financial institutions to accept the Mexican 
                matricula consular cards as valid identification for 
                the purpose of opening bank accounts;
                    (C) enforce legally binding affidavits of support 
                that sponsors of immigrants sign;
                    (D) end the practice of catching illegal immigrants 
                at the border and returning them without prosecution;
                    (E) enforce the employer sanctions enacted as part 
                of the Immigration Reform and Control Act of 1986;
                    (F) enforce section 505 of the Illegal Immigration 
                Reform and Immigrant Responsibility Act of 1996, which 
                prohibits in-State college tuition for illegal 
                immigrants;
                    (G) require prosecution of anyone caught smuggling 
                immigrants across the border illegally irrespective of 
                how many immigrants are being smuggled;
                    (H) increase the number of full-time Border Patrol 
                agents by at least 1,306 by the end of fiscal year 
                2007, as authorized by the Intelligence Reform and 
                Terrorism Prevention Act of 2004;
                    (I) increase the number of detention beds for 
                illegal immigrants by at least 15,944 by the end of 
                fiscal year 2007, as authorized by the Intelligence 
                Reform and Terrorism Prevention Act of 2004;
                    (J) increase the number of full-time immigration 
                investigators by at least 1,600 by the end of fiscal 
                year 2007, as authorized by the Intelligence Reform and 
                Terrorism Prevention Act of 2004;
                    (K) comply with the Secure Fence Act of 2006 by 
                building over 700 miles of fencing along the U.S.-
                Mexico border; and
                    (L) increase the use of expedited removal 
                procedures for all illegal immigrants eligible for 
                expedited removal under United States immigration laws; 
                and
            (2) taking the steps described in paragraph (1) will lead 
        to a substantial reduction in illegal immigration and will 
        greatly improve the border security of the United States.
                                 <all>