[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1269 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 1269

To improve border security in the United States and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 2, 2007

  Mr. Inhofe introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To improve border security in 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 ``Engaging the 
Nation to Fight for Our Right to Control Entry Act'' or the ``ENFORCE 
Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
          TITLE I--NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM

Sec. 101. National Border Neighborhood Watch Program.
Sec. 102. Definitions.
Sec. 103. BRAVE Force.
Sec. 104. Civilian volunteers.
Sec. 105. Liability of BRAVE Force employees and civilian volunteers.
Sec. 106. Authorization of appropriations.
                      TITLE II--CRIMINAL PENALTIES

Sec. 201. Forgery of Federal documents.
Sec. 202. Penalties for aliens unlawfully present in the United States 
                            and for illegal entry.
 TITLE III--ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT FIELD 
                                 OFFICE

Sec. 301. Findings.
Sec. 302. Requirement to establish a field office in Tulsa, Oklahoma.
               TITLE IV--IMMIGRATION ENFORCEMENT TRAINING

Sec. 401. Immigration enforcement training demonstration project.
Sec. 402. Expansion of program.
Sec. 403. Authorization of appropriations.
                          TITLE V--CITIZENSHIP

Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Citizenship at birth for children of noncitizen, nonpermanent 
                            resident aliens.
      TITLE VI--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM

                  Subtitle A--Identification Standards

Sec. 601. Identification standards for Federal benefits.
Sec. 602. Independent verification of birth records provided in support 
                            of applications for social security account 
                            numbers.
Sec. 603. Electronic birth and death registration systems.
               Subtitle B--Reversing Unlawful Immigration

Sec. 611. Limited duration social security account numbers for 
                            nonimmigrants.
Sec. 612. Mandatory notification of social security account number 
                            mismatches and multiple uses.
Sec. 613. No social security credit for work performed while unlawfully 
                            present.
Sec. 614. Reducing individual taxpayer identification number abuse.
Sec. 615. Limited eligibility for tax credits.
Sec. 616. Penalties for failure to file correct information returns.
Sec. 617. Clarification of inherent authority of State and local law 
                            enforcement.
Sec. 618. United States Immigration and Customs Enforcement response to 
                            requests for assistance from State and 
                            local law enforcement.
                         Subtitle C--Technology

Sec. 621. Construction of fencing and security improvements in border 
                            area from Pacific Ocean to Gulf of Mexico.
Sec. 622. Study and report on the use of technology to prevent unlawful 
                            immigration.
                     TITLE VII--DAY LABORER CENTERS

Sec. 701. Use of day laborer centers to secure employment for illegal 
                            aliens.
Sec. 702. Investigation of illegal aliens.
Sec. 703. Referrals to the IRS.
Sec. 704. Amendments to Immigration and Nationality Act.
Sec. 705. Amendment to Personal Responsibility and Work Opportunity 
                            Reconciliation Act of 1996.
        TITLE VIII--HIGHER EDUCATION BENEFITS FOR ILLEGAL ALIENS

Sec. 801. Limitation on eligibility.
              TITLE IX--IMMIGRATION LITIGATION PROCEDURES

Sec. 901. Short title.
Sec. 902. Appropriate remedies for immigration litigation.
Sec. 903. Severability.
Sec. 904. Effective date.

          TITLE I--NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM

SEC. 101. NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM.

    The Commissioner shall establish a National Border Neighborhood 
Watch Program to combat illegal immigration and shall permit retired 
law enforcement officers and civilian volunteers to assist in carrying 
out the NBNW Program, as described in this title.

SEC. 102. DEFINITIONS.

    In this title:
            (1) BRAVE force.--The term ``BRAVE Force'' means the Border 
        Regiment Assisting in Valuable Enforcement Force established 
        pursuant to section 103. The term ``Commissioner'' means the 
        Commissioner responsible for United States Customs and Border 
        Protection.
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) NBNW program.--The term ``NBNW Program'' means the 
        National Border Neighborhood Watch Program established pursuant 
        to section 101.
            (4) United states customs and border protection.--The term 
        ``United States Customs and Border Protection'' means the 
        United States Customs and Border Protection of the Department.

SEC. 103. BRAVE FORCE.

    (a) Establishment.--The Commissioner shall establish a Border 
Regiment Assisting in Valuable Enforcement Force to assist the 
Commissioner in carrying out the NBNW Program.
    (b) Composition of BRAVE Force.--
            (1) In general.--The BRAVE force shall be composed of 
        retired law enforcement officers hired by the Commissioner.
            (2) Retired law enforcement officers defined.--In this 
        subsection, the term ``retired law enforcement officer'' means 
        an individual who--
                    (A) has retired from employment as a Federal, 
                State, or local law enforcement officer; and
                    (B) has not reached retirement age (as that term is 
                defined in section 216(l) of the Social Security Act 
                (42 U.S.C. 416(l)).
    (c) Effect on Personnel Caps.--Employees of the BRAVE Force shall 
not count against any limit on the number of employees of United States 
Customs and Border Protection or of the Department.
    (d) Retired Annuitants.--An employee of the BRAVE Force who was 
employed by an agency or department of the United States prior to 
employment in the BRAVE Force shall be considered a rehired annuitant 
and shall have no reduction in annuity as a result of employment in the 
BRAVE Force.

SEC. 104. CIVILIAN VOLUNTEERS.

    (a) In General.--The Commissioner shall provide the opportunity for 
civilian volunteers to participate in the NBNW Program under the terms 
and conditions that the Commissioner determines are appropriate.
    (b) Organization.--To the extent possible, not less than 3 civilian 
volunteers participating in the NBNW Program may report to each 
employee of BRAVE Force.
    (c) Duties of Volunteers.--A civilian volunteer who is 
participating in the NBNW Program shall report any violation of Federal 
immigration law to an appropriate employee of BRAVE Force as soon as 
possible after observing such violation.
    (d) Reimbursement.--The Commissioner shall reimburse any civilian 
volunteer participating in the NBNW Program for any reasonable expenses 
incurred by the volunteer related to such participation.

SEC. 105. LIABILITY OF BRAVE FORCE EMPLOYEES AND CIVILIAN VOLUNTEERS.

    (a) Civilians.--A civilian volunteer participating in the NBNW 
Program under this title shall not be entitled to any immunity from 
personal liability by virtue of such volunteer's participation in the 
NBNW Program.
    (b) Employees.--No employee of the BRAVE Force or of the Department 
may be held liable for any act of a civilian volunteer participating in 
the NBNW Program under this title.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as may be 
necessary to carry out this title.

                      TITLE II--CRIMINAL PENALTIES

SEC. 201. FORGERY OF FEDERAL DOCUMENTS.

    (a) In General.--Chapter 25 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 515. Federal records, documents, and writings, generally
    ``Any person who--
            ``(1) falsely makes, alters, forges, or counterfeits any 
        Federal record, Federal document, Federal writing, or record, 
        document, or writing characterizing, or purporting to 
        characterize, official Federal activity, service, contract, 
        obligation, duty, property, or chose;
            ``(2) utters or publishes as true, or possesses with intent 
        to utter or publish as true, any record, document, or writing 
        described in paragraph (1), knowing, or negligently failing to 
        know, that such record, document, or writing has not been 
        verified, has been inconclusively verified, is unable to be 
        verified, or is false, altered, forged, or counterfeited;
            ``(3) transmits to, or presents at any office, or to any 
        officer, of the United States, any record, document, or writing 
        described in paragraph (1), knowing, or negligently failing to 
        know, that such record, document, or writing has not been 
        verified, has been inconclusively verified, is unable to be 
        verified, or is false, altered, forged, or counterfeited;
            ``(4) attempts, or conspires to commit, any of the acts 
        described in paragraphs (1) through (3); or
            ``(5) while outside of the United States, engages in any of 
        the acts described in paragraphs (1) through (3),
shall be fined under this title, imprisoned not more than 10 years, or 
both.''.
    (b) Clerical Amendment.--The table of contents for chapter 25 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 514 the following:

``515. Federal records, documents, and writings, generally.''.

SEC. 202. PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES 
              AND FOR ILLEGAL ENTRY.

    (a) Aliens Unlawfully Present.--
            (1) In general.--Title II of the Immigration and 
        Nationality Act (8 U.S.C. 1151 et seq.) is amended by inserting 
        after section 275 the following:

``criminal penalties and forfeiture for unlawful presence in the united 
                                 states

    ``Sec. 275A.  (a) In General.--In addition to any other penalty, an 
alien who is present in the United States in violation of this Act 
shall be guilty of a felony and shall be fined under title 18, United 
States Code, imprisoned not less than 1 year, or both, and the assets 
of such an alien shall be subject to forfeiture under title 18, United 
States Code.
    ``(b) Defense.--An alien who is present in the United States in 
violation of this Act shall not be subject to the penalties described 
in subsection (a), if such period of unlawful presence began upon the 
expiration of a period of the alien's lawful presence in the United 
States and the alien failed to depart the United States at the 
expiration of the period of lawful presence due to an exceptional and 
extremely unusual hardship or physical illness that prevented the alien 
from departing the United States.''.
            (2) Clerical amendment.--The table of contents of the 
        Immigration and Nationality Act is amended by inserting after 
        the item relating to section 275 the following:

``Sec. 275A. Criminal penalties and forfeiture for unlawful presence in 
                            the United States.''.
    (b) Increase in Criminal Penalties for Illegal Entry.--Section 
275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is 
amended by striking ``not more than 6 months,'' and inserting ``not 
less than 1 year,''.

 TITLE III--ESTABLISHMENT OF IMMIGRATION AND CUSTOMS ENFORCEMENT FIELD 
                                 OFFICE

SEC. 301. FINDINGS.

    Congress makes the following findings:
            (1) On July 17, 2002, 18 aliens who were illegally present 
        in the United States, including 3 minors, were taken into 
        custody by the Tulsa County Sheriff's Department. The aliens 
        were later released by officials of the former Immigration and 
        Naturalization Service.
            (2) On August 13, 2002, an immigration task force meeting 
        convened in Tulsa, Oklahoma, with the goal of bringing together 
        local law enforcement and the Immigration and Naturalization 
        Service to open a dialogue to find effective ways to better 
        enforce Federal immigration laws in Oklahoma.
            (3) On January 22, 2003, 4 new agents were hired for duty 
        at the Immigration and Naturalization Service office in 
        Oklahoma City.
            (4) On January 30, 2003, 6 new special agents were added to 
        the staff of Immigration and Naturalization Service in 
        Oklahoma.
            (5) Officers of the police department of the City of 
        Catoosa, Oklahoma stopped a truck carrying 18 individuals, 
        including children, in the early morning hours of September 22, 
        2004. Only 2 of the individuals produced identification. 
        Officials of United States Immigration and Customs Enforcement 
        of the Department of Homeland Security authorized the release 
        of the 18 individuals, who may have been present in the United 
        States illegally. Catoosa police arrested one adult on drug 
        possession charges and the remaining individuals were released.
            (6) Oklahoma has 1 Office of Investigations of United 
        States Immigration and Customs Enforcement, which is located in 
        Oklahoma City. In 2005, 12 agents of United States Immigration 
        and Customs Enforcement served the 3,500,000 people residing in 
        Oklahoma.
            (7) Highway I-44 and U.S.-75 are major roads that run 
        through Tulsa, Oklahoma, and are used to transport illegal 
        aliens to all areas of the United States.
            (8) Seven agents of the Drug Enforcement Administration and 
        an estimated 22 agents of the Federal Bureau of Investigation 
        are assigned to duty stations in Tulsa, Oklahoma, and there are 
        no agents of United States Immigration and Customs Enforcement 
        who are assigned to a duty station in Tulsa, Oklahoma.
            (9) The establishment of a field office of the Office of 
        Investigations of United States Immigration and Customs 
        Enforcement in Tulsa, Oklahoma, will help enforce Federal 
        immigration laws in eastern Oklahoma.

SEC. 302. REQUIREMENT TO ESTABLISH A FIELD OFFICE IN TULSA, OKLAHOMA.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall establish a field office 
of the Office of Investigations of United States Immigration and 
Customs Enforcement in Tulsa, Oklahoma.

               TITLE IV--IMMIGRATION ENFORCEMENT TRAINING

SEC. 401. IMMIGRATION ENFORCEMENT TRAINING DEMONSTRATION PROJECT.

    (a) In General.--
            (1) Authority.--The Secretary of Homeland Security shall 
        provide assistance to the President of Cameron University, 
        located in Lawton, Oklahoma, to establish and implement the 
        demonstration project described in this title (referred to in 
        this title as the ``Project'').
            (2) Purpose.--The purposes of the Project shall be to 
        assess the feasibility of establishing a nationwide training 
        curriculum that is provided electronically through the Internet 
        that covers basic immigration law enforcement issues to be used 
        by State, local, and tribal law enforcement officers in order 
        to improve and enhance the ability of such officers, during the 
        routine course of duties, to assist Federal immigration 
        officers in the enforcement of immigration laws of the United 
        States.
    (b) Project Director Responsibilities.--The Project shall be 
carried out by the Project Director, who shall, not later than 90 days 
after the date that assistance is provided to the President of Cameron 
University under subsection (a)(1)--
            (1) develop an interactive website that--
                    (A) provides State, local, and tribal law 
                enforcement officers access to the training curriculum 
                described in paragraph (2);
                    (B) enrolls officers in such curriculum;
                    (C) records the performance of officers who 
                complete the curriculum;
                    (D) tracks officers' proficiency in learning the 
                concepts taught in the curriculum;
                    (E) ensures a high-level of security; and
                    (F) encrypts personal and sensitive information;
            (2) develop a training curriculum that--
                    (A) is comprised of not more than 4 hours of 
                training;
                    (B) is accessible through the website described in 
                paragraph (1);
                    (C) covers the basic principles and practices of 
                immigration law and the policies that relate to the 
                enforcement of immigration laws;
                    (D) includes instruction related to immigration 
                matters including--
                            (i) employment-based and family-based 
                        immigration;
                            (ii) the types of nonimmigrant visas 
                        available to aliens;
                            (iii) the differences between immigrant and 
                        nonimmigrant status;
                            (iv) the differences between lawful and 
                        unlawful presence in the United States;
                            (v) the criminal and civil consequences of 
                        unlawful presence in the United States;
                            (vi) the grounds for removal of aliens;
                            (vii) the types of false identification 
                        commonly used by illegal and criminal aliens;
                            (viii) the common methods of smuggling 
                        aliens into the United States and groups that 
                        commonly participate in alien smuggling rings;
                            (ix) the inherent legal authority of local 
                        law enforcement officers to enforce Federal 
                        immigration laws; and
                            (x) detention and removal procedures for 
                        aliens, including expeditious removal;
                    (E) is accessible through the website described in 
                paragraph (1); and
                    (F) incorporates content similar to that covered in 
                the 4-hour training course provided by the employees of 
                the Immigration and Naturalization Service to Alabama 
                State Troopers during 2003, and content similar to that 
                in the training given pursuant to an agreement by the 
                State under section 287(g) of the Immigration and 
                Nationality Act (8 U.S.C. 1357(g)), including training 
                in identifying fraudulent immigration documents; and
            (3) assess the feasibility of expanding to State, local, 
        and tribal law enforcement agencies throughout the United 
        States the website described in paragraph (1) and the training 
        curriculum described in paragraph (2).
    (c) Duration of the Project.--Subsection to section 402, the 
Project Director shall carry out the Project during the 2-year period 
beginning 90 days after the date that assistance is provided to the 
President of Cameron University under subsection (a)(1).
    (d) Participation.--
            (1) Total participation.--The Project Director shall design 
        the Project to provide the training course described in 
        subsection (b)(2) to a total of 100,000 law enforcement 
        officers.
            (2) Participation by state.--The Project Director shall 
        make the training course described in subsection (b)(2) 
        available to State, local, or tribal law enforcement officers 
        from--
                    (A) Alabama;
                    (B) Colorado;
                    (C) Florida;
                    (D) Oklahoma;
                    (E) Texas; and
                    (F) at least 1, but not more than 3, other States.
            (3) Selection of participants.--The Project Director shall 
        ensure that participation in the Project--
                    (A) is apportioned among the States described in 
                paragraph (2) according the population of each such 
                State;
                    (B) is equally apportioned between State, county, 
                and municipal law enforcement agency officers;
                    (C) includes, when practicable, a significant 
                number of tribal law enforcement officers; and
                    (D) includes law enforcement officers from urban, 
                rural, and highly rural areas.
            (4) Recruitment.--The Project Director shall begin 
        recruitment of participants for the Project as soon as possible 
        and shall conduct such recruitment concurrently with the 
        establishment and implementation of the training curriculum 
        described in subsection (b)(2).
            (5) Limitation on participation.--An officer is ineligible 
        to participate in the demonstration project if the officer is 
        employed by a State, local, or tribal law enforcement agency 
        that--
                    (A) has in effect a statute, policy, or practice 
                that prohibits its law enforcement officers from 
                cooperating with Federal immigration enforcement 
                agents; or
                    (B) is otherwise not in compliance with the 
                requirements of section 642(a) of the Illegal 
                Immigration Reform and Immigrant Responsibility Act of 
                1996 (8 U.S.C. 1373(a)).
            (6) Additional requirements.--Each law enforcement officer 
        selected to participate in the training course described in 
        subsection (b)(2)--
                    (A) shall undergo standard vetting procedures, 
                similar to the procedures in the Federal Law 
                Enforcement Training Center Distributed Learning 
                Program, to ensure that each participant is a bona fide 
                law enforcement officer; and
                    (B) shall be granted continuous access, throughout 
                the 2-year period of the Project, to the training 
                curriculum and to other training and reference 
                resources accessible through the website described in 
                subsection (b)(1).
    (e) Report.--
            (1) In general.--Not later than the date of expiration of 
        the 2-year period described in subsection (c), the Project 
        Director shall submit to the appropriate congressional 
        committees a report on the participation of State, local, and 
        tribal law enforcement officers in the Project, including an 
        estimate of--
                    (A) the cost savings realized by offering training 
                through the training course described in subsection 
                (b)(2) instead of through the residential classroom 
                method;
                    (B) the difference between the number of law 
                enforcement officers who received training through such 
                training course and the number of law enforcement 
                officers who could have received training through the 
                residential classroom method in the same 2-year period;
                    (C) the effectiveness of such training course with 
                respect to the performance of officers who participated 
                in such training course;
                    (D) the convenience afforded to officers who 
                participated in such training course as a result of the 
                officers' ability to access the course at their own 
                convenience and to return to the website described in 
                subsection (b)(1) for refresher training and reference; 
                and
                    (E) the ability of such website to safeguard the 
                private and personal information of officers who took 
                such training course while providing supervisors with 
                appropriate information about the officers' performance 
                and course completion.
            (2) Appropriate congressional committees defined.--In this 
        subsection the term ``appropriate congressional committees'' 
        means the Committee on the Judiciary and the Committee on 
        Homeland Security and Governmental Affairs of the Senate and 
        the Committee on the Judiciary and the Committee on Homeland 
        Security of the House of Representatives.

SEC. 402. EXPANSION OF PROGRAM.

    (a) In General.--After the completion of the Project, the Secretary 
of Homeland Security shall--
            (1) continue to make the website described in section 
        401(b)(1) and the training course described in section 
        401(b)(2) available to law enforcement officers;
            (2) annually enroll up to 100,000 additional State, local, 
        or tribal law enforcement officers in such training course; and
            (3) consult with Congress regarding the addition, 
        substitution, or removal of States eligible to participate in 
        such training course.
    (b) Limitation on Participation.--A law enforcement officer is 
ineligible to participate in the expansion of the Project if the law 
enforcement officer is employed by a State, local, or tribal law 
enforcement agency that--
            (1) has in effect a statute, policy, or practice that 
        prohibits its law enforcement officers from cooperating with 
        Federal immigration enforcement agents; or
            (2) is otherwise not in compliance with the requirements of 
        section 642(a) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1373(a)).

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    (a) Fiscal Year 2008.--There are authorized to be appropriated 
$3,000,000 to the Secretary of Homeland Security in fiscal year 2008 to 
carry out this title.
    (b) Subsequent Fiscal Years.--There are authorized to be 
appropriated to the Secretary of Homeland Security during each fiscal 
year after fiscal year 2008 such sums as may be necessary to continue 
to operate, promote, and recruit participants for the Project and the 
expansion of the Project described in section 402.
    (c) Availability of Funds.--Funds appropriated under this section 
are authorized to remain available until expended.

                          TITLE V--CITIZENSHIP

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Citizenship Reform Act of 2007''.

SEC. 502. PURPOSE.

    The purpose of this title is to clarify that citizenship at birth 
is available to a child born in the United States to a parent who is a 
citizen of the United States or an alien lawfully admitted for 
permanent residence in the United States.

SEC. 503. CITIZENSHIP AT BIRTH FOR CHILDREN OF NONCITIZEN, NONPERMANENT 
              RESIDENT ALIENS.

    (a) In General.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended--
            (1) by redesignating subsections (a) through (h) as 
        paragraphs (1) through (8); and
            (2) by striking ``The following'' and inserting ``(a) In 
        General.--Except as otherwise provided in subsection (b), the 
        following''; and
            (3) by adding at the end the following:
    ``(b) Children Born to Nationals of the United States or to Aliens 
Lawfully Admitted for Permanent Residence in the United States.--For 
the purposes of subsection (a)(1), a person born in the United States 
shall be considered to be subject to the jurisdiction of the United 
States only if the person was born in the United States to parents, one 
of whom is--
            ``(1) a national of the United States; or
            ``(2) an alien who is lawfully admitted for permanent 
        residence and maintains his or her residence in the United 
        States.''.
    (b) Effective Date.--The amendments made by this section shall 
apply only to individuals born on or after the date of the enactment of 
this Act.

      TITLE VI--GUARANTEEING UNIFORM ENFORCEMENT TO STOP TERRORISM

                  Subtitle A--Identification Standards

SEC. 601. IDENTIFICATION STANDARDS FOR FEDERAL BENEFITS.

    (a) Federal Agencies.--No department, agency, commission, other 
entity, or employee of the Federal Government may, for the purpose of 
establishing identity, accept, recognize, rely on, or authorize the 
acceptance, recognition, or reliance on, any document not described in 
subsection (c).
    (b) State and Local Agencies.--No department, agency, commission, 
other entity, or employee of a State or local government charged with 
providing or approving applications for public benefits or services 
funded in whole or in part with Federal funds may, for the purpose of 
establishing identity, accept, recognize, rely on, or authorize the 
acceptance, recognition, or reliance on, any document except those 
described in subsection (c).
    (c) Acceptable Identification.--Documents acceptable for the 
purpose of establishing identity are--
            (1) a valid, unexpired United States passport, immigration 
        document, and other identity document issued by a Federal 
        authority, excluding an individual taxpayer identification 
        number issued by the Internal Revenue Service;
            (2) a valid, unexpired driver's license or identification 
        card (as those terms are defined in section 201 of the REAL ID 
        Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 
        note)) issued by a State, if the State--
                    (A) is in compliance with the minimum standards for 
                the issuance of a driver's license or identification 
                card set forth in title II of the REAL ID Act of 2005 
                (49 U.S.C. 30301 note); or
                    (B)(i) statutorily bars issuance of a driver's 
                license or identification card to an alien who is 
                unlawfully present in the United States; and
                    (ii) requires independent verification with the 
                issuing agency of records provided by the applicant in 
                support of the application for a driver's license or 
                identification card; and
            (3) valid, unexpired foreign passports, if such passports 
        include, or are accompanied by, proof of lawful presence in the 
        United States.

SEC. 602. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT 
              OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.

    (a) Applications for Social Security Account Numbers.--Section 
205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)(ii)) is amended--
            (1) by inserting ``(I)'' after ``(ii)''; and
            (2) by adding at the end the following:
    ``(II) With respect to an application for a social security account 
number for an individual, other than for purposes of enumeration at 
birth, the Commissioner of Social Security shall require independent 
verification of any birth record provided by the applicant in support 
of the application from the agency that issued such record.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.

SEC. 603. ELECTRONIC BIRTH AND DEATH REGISTRATION SYSTEMS.

    (a) Establishment.--The Secretary of Homeland Security, in 
consultation with the Secretary of Health and Human Services and the 
Commissioner of Social Security, shall work cooperatively with the 
States--
            (1) to establish a common data set and common data exchange 
        protocol among the States for electronic birth registration 
        systems and death registration systems;
            (2) to coordinate requirements for such systems to align 
        with a national model;
            (3) to ensure that fraud prevention is built into the 
        design of such systems to prevent fraud related to the 
        collection of vital event data, the issuance of birth 
        certificates, and the exchange of data among government 
        agencies;
            (4) to ensure that electronic systems for issuing birth 
        certificates, in the form of printed abstracts of birth records 
        or digitized images, employ a common format for the printing of 
        a certified copy of such a certificate, so that an authorized 
        person may quickly confirm the validity of such a certificate;
            (5) not later than 5 years after the date of the enactment 
        of this Act, to establish procedures for authorized Federal and 
        State agency users to use a single interface to generate an 
        electronic query to any participating vital records 
        jurisdiction throughout the United States to verify the 
        contents of a paper birth certificate that require each 
        participating jurisdiction to provide an electronic response to 
        a request for information regarding an individual that 
        indicates--
                    (A) whether the information in a birth record for 
                such individual in the database of such jurisdiction is 
                consistent with the information contained on the paper 
                birth certificate; and
                    (B) whether the information for such individual in 
                the database of such jurisdiction indicates that the 
                individual is deceased;
            (6) establish and implement uniform field requirements for 
        State birth registries to be included in such systems and such 
        requirements may not require the utilization of biometric 
        identifiers;
            (7) not later than 6 months after the date of the enactment 
        of this Act, submit to Congress a report regarding--
                    (A) the need for Federal laws to address penalties 
                for fraud and misuse of vital records; and
                    (B) the sufficiency of the enforcement of such 
                violations;
            (8) not later than 1 year after the date of the enactment 
        of this Act, establish--
                    (A) in consultation with the Secretary of Defense, 
                a process to share data with the States and the 
                Commissioner of Social Security regarding deaths of 
                United States military personnel and the births and 
                deaths of the dependents of such personnel; and
                    (B) in consultation with the Secretary of State, a 
                process to improve registration, notification, and the 
                sharing of data with the States and the Commissioner of 
                Social Security regarding births and deaths of United 
                States citizens abroad; and
            (9) not later than 3 years after the establishment of the 
        birth and death registration systems under this section, to 
        require States to record and retain electronic records of 
        pertinent identification information collected from requesters 
        who are not the registrants.
    (b) Grants to States.--The Secretary of Homeland Security may award 
grants to States to assist the States in participating in the systems 
referred to in this section.
    (c) Authority.--All authority to issue regulations, certify 
standards, and issue grants under this section shall be carried out by 
the Secretary of Homeland Security, with the concurrence of the 
Secretary of Health and Human Services and in consultation with State 
vital statistics offices and appropriate Federal agencies.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for each of the 
fiscal years 2008 through 2010 such sums as may be necessary to carry 
out this section.

               Subtitle B--Reversing Unlawful Immigration

SEC. 611. LIMITED DURATION SOCIAL SECURITY ACCOUNT NUMBERS FOR 
              NONIMMIGRANTS.

    (a) Timing of Issuance to Aliens.--Section 205(c)(2)(B)(i)(I) of 
the Social Security Act (42 U.S.C. 405(c)(2)(B)(i)(I)) is amended to 
read as follows:
            ``(I) to aliens at the time of their lawful admission to 
        the United States for, or adjustment of status to--
                    ``(aa) permanent residence; or
                    ``(bb) temporary or other short-term residence in a 
                category that permits them to engage in employment in 
                the United States, except that such aliens shall be 
                issued the social security cards described in the 
                second sentence of subparagraph (G);''.
    (b) Temporary Social Security Cards for Nonimmigrants.--Section 
205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is 
amended--
            (1) by inserting ``(i)'' after ``(G)''; and
            (2) by striking ``The social security card'' and inserting 
        the following:
            ``(ii) A social security card issued to an alien who is not 
        a lawful permanent resident, but who is authorized to engage in 
        employment in the United States, shall bear on its face an 
        expiration date that coincides with the expiration of the 
        alien's permission to be employed in the United States. The 
        social security account number on such card shall not be valid 
        to prove work authorization, either through the Employment 
        Authorization Status Instant Check or otherwise, following the 
        expiration of the card.
            ``(iii) The social security card''.

SEC. 612. MANDATORY NOTIFICATION OF SOCIAL SECURITY ACCOUNT NUMBER 
              MISMATCHES AND MULTIPLE USES.

    (a) Notification of Mismatched Name and Social Security Account 
Number.--
            (1) Employer notification.--Not less frequently than once 
        each year, the Commissioner of Social Security shall provide a 
        notification to each United States employer with 1 or more 
        employees whom the Commissioner has determined to have a social 
        security account number that does not match the name or date of 
        birth of each such employee in the Commissioner's records.
            (2) Employee notification.--The notification under 
        paragraph (1) shall--
                    (A) instruct an employer to inform an employee 
                described in paragraph (1) that if the employee fails 
                to correct the information related to the employee's 
                social security account number with the Commissioner 
                within a period of 10 business days, the employer will 
                be required to terminate the employment of such 
                employee; and
                    (B) prohibit the employer from terminating such 
                employment prior to the conclusion of such 10-day 
                period, unless the employee admits that the employee 
                fraudulently obtained a social security account number.
    (b) Notification of Multiple Uses of Individual Social Security 
Account Numbers.--
            (1) In general.--The Commissioner of Social Security may 
        not credit any individual with concurrent earnings from more 
        than 1 employer before notifying the individual that earnings 
        from 2 or more employers are being reported under the 
        individual's social security account number.
            (2) Contents of notice.--Notice under paragraph (1) shall--
                    (A) include the name and location of each employer;
                    (B) direct the individual to--
                            (i) contact the Commissioner of Social 
                        Security to present proof that the individual 
                        is the person to whom the social security 
                        account number was issued; and
                            (ii) if applicable, present a pay stub or 
                        other documentation showing that such 
                        individual is employed by all employers 
                        reporting earnings to that social security 
                        account number.

SEC. 613. NO SOCIAL SECURITY CREDIT FOR WORK PERFORMED WHILE UNLAWFULLY 
              PRESENT.

    Title II of the Social Security Act (42 U.S.C. 401 et seq.) is 
amended--
            (1) in section 214(c)(1), by striking ``at the time of 
        assignment, or at any later time'' and inserting ``at the time 
        any such quarters of coverage are earned''; and
            (2) in section 223(a)(1)(C)(i), by striking ``at the time 
        of assignment, or at any later time'' and inserting ``at the 
        time any quarters of coverage are earned''.

SEC. 614. REDUCING INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER ABUSE.

    (a) Modified Format and Lawful Presence Requirement.--
            (1) In general.--Section 6109(c) of the Internal Revenue 
        Code of 1986 is amended to read as follows:
    ``(c) Requirement of Information.--
            ``(1) In general.--For purposes of this section, the 
        Secretary is authorized to require from any person such 
        information as may be necessary to assign an identifying 
        number.
            ``(2) Separate from social security account numbers.--Any 
        identifying number assigned by the Secretary shall be comprised 
        of a sequence of numerals and dashes that is visually 
        distinguishable from, and will not be mistaken for, a social 
        security account number.
            ``(3) Verification of status for aliens.--Prior to issuing 
        any identifying number, the Secretary shall verify with the 
        Secretary of Homeland Security that the applicant for such 
        number is lawfully present in the United States.''.
            (2) Effective date.--Section 6109(c)(2) of the Internal 
        Revenue Code of 1986, as added by paragraph (1), shall take 
        effect on the date that is 30 days after the date of the 
        enactment of this Act.
    (b) Information Sharing.--
            (1) In general.--Section 6103(i)(3) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following:
                    ``(D) Possible violations of federal immigration 
                law.--The Secretary shall disclose, in electronic 
                format to the Secretary of Homeland Security, the 
                taxpayer identity of each taxpayer who has been 
                assigned an individual taxpayer identification number. 
                The Secretary of Homeland Security may disclose such 
                information to officers and employees of the Department 
                to the extent necessary to enforce Federal immigration 
                laws.''.
            (2) Effective date.--The Secretary of the Treasury shall 
        disclose information under the amendment made by paragraph (1) 
        not later than 60 days after the date of the enactment of this 
        Act.

SEC. 615. LIMITED ELIGIBILITY FOR TAX CREDITS.

    Notwithstanding any other provision of law, an individual who 
submits to the Internal Revenue Service an income tax return that 
relies on an individual taxpayer identification number in lieu of a 
social security account number shall not be eligible for any tax 
credit, including the earned income tax credit under section 32 of the 
Internal Revenue Code of 1986.

SEC. 616. PENALTIES FOR FAILURE TO FILE CORRECT INFORMATION RETURNS.

    (a) Penalties for Egregious Noncompliance of Employers.--Section 
6721 of the Internal Revenue Code of 1986 is amended--
            (1) by striking subsections (b), (c), and (d);
            (2) by redesignating subsection (e) as subsection (b); and
            (3) by adding at the end the following:
    ``(c) Penalty for Egregious Noncompliance of Employers.--The 
Secretary shall assess the maximum allowable penalties from each 
employer--
            ``(1) designated in any taxable year by the Social Security 
        Administration as 1 of the most egregious noncompliant 
        employers; and
            ``(2) whose noncompliance was either willful or resulted 
        from gross negligence.''.
    (b) Standard Compliance Program.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, the Secretary of the Treasury, in 
        consultation with the Commissioner of Social Security and the 
        Secretary of Homeland Security, shall implement a regularly 
        scheduled program for proposing, assessing, and collecting 
        penalties from persons who include incorrect information in tax 
        returns filed under the Internal Revenue Code of 1986, if such 
        information was included either willfully or through gross 
        negligence.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of the Treasury shall 
        submit to Congress a report on the results of the program 
        required under paragraph (1), including--
                    (A) the total number of filers who submitted 
                incorrect information returns;
                    (B) the number of incorrect information returns 
                submitted by such filers;
                    (C) the total amount of penalties proposed, 
                assessed, and collected through the program; and
                    (D) the number of waivers granted to filers of 
                incorrect information returns.

SEC. 617. CLARIFICATION OF INHERENT AUTHORITY OF STATE AND LOCAL LAW 
              ENFORCEMENT.

    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 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, 
in the enforcement of the immigration laws of the United States.

SEC. 618. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT RESPONSE TO 
              REQUESTS FOR ASSISTANCE FROM STATE AND LOCAL LAW 
              ENFORCEMENT.

    (a) In General.--Title II of the Immigration and Nationality Act (8 
U.S.C. 1151 et seq.) is amended by inserting after section 240C the 
following:

                      ``custody of illegal aliens

    ``Sec. 240D.  (a) Transfer of Custody to the Federal Government.--
If the chief executive officer of a State or, if appropriate, a 
political subdivision of a State, exercising authority with respect to 
the apprehension of an illegal 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) not later than 48 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 48 hours after the illegal alien is 
                apprehended, take the illegal alien into the custody of 
                the Federal Government and incarcerate the alien; or
                    ``(B) request that the relevant State or local law 
                enforcement agency temporarily incarcerate or transport 
                the illegal alien for transfer to Federal custody; and
            ``(2) shall designate a 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 criminal or illegal aliens to the 
        Department of Homeland Security.
    ``(b) Reimbursement of States.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        reimburse States, units of local government, and any private 
        contractors for all reasonable expenses, as determined by the 
        Secretary, incurred in the incarceration and transportation of 
        an illegal alien as described in subsection (a)(1).
            ``(2) Amount of reimbursement.--Compensation provided for 
        costs incurred under subsection (a)(1) shall be equal to the 
        sum of--
                    ``(A) the average 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; and
                    ``(B) the cost of transporting the criminal or 
                illegal alien from the point of apprehension, to the 
                place of detention, and to the custody transfer point 
                if the place of detention and place of custody are 
                different.
    ``(c) Detention Facility Security.--The Secretary of Homeland 
Security shall ensure that illegal aliens incarcerated in facilities 
pursuant to this section are held in facilities that provide an 
appropriate level of security.
    ``(d) Management of Transfers.--
            ``(1) In general.--In carrying out this section, the 
        Secretary of Homeland Security may establish a regular circuit 
        and schedule for the prompt transfer of apprehended illegal 
        aliens from the custody of States, political subdivisions of 
        States, and private contractors to Federal custody.
            ``(2) Contracts with state and local law enforcement.--The 
        Secretary of Homeland Security may enter into contracts with 
        appropriate State and local law enforcement and detention 
        officials to implement this section.
    ``(e) Illegal Alien Defined.--For purposes of this section, the 
term `illegal alien' means an alien--
            ``(1) who entered the United States without inspection or 
        at any time or place other than that designated by the 
        Secretary of Homeland Security;
            ``(2) who was admitted as a nonimmigrant, or whose status 
        was adjusted to that of a nonimmigrant under section 248, and 
        who, at the time the alien was taken into custody by the State 
        or a political subdivision of the State, had failed to--
                    ``(A) maintain such nonimmigrant status; or
                    ``(B) comply with the conditions of such 
                nonimmigrant status;
            ``(3) who was admitted as an immigrant and has subsequently 
        failed to comply with the requirements of such immigrant 
        status; or
            ``(4) who failed to depart the United States under a 
        voluntary departure agreement or under a final order of 
        removal.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $500,000,000 for fiscal year 2008 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.).

                         Subtitle C--Technology

SEC. 621. CONSTRUCTION OF FENCING AND SECURITY IMPROVEMENTS IN BORDER 
              AREA FROM PACIFIC OCEAN TO GULF OF MEXICO.

    Section 102(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1103 note) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Security features.--
                    ``(A) Reinforced fencing.--
                            ``(i) In general.--In carrying out 
                        subsection (a), the Secretary of Homeland 
                        Security shall provide for--
                                    ``(I) the construction, along the 
                                southern international land border of 
                                the United States, starting at the 
                                Pacific Ocean and extending eastward to 
                                the Gulf of Mexico, of at least 2 
                                layers of reinforced fencing; and
                                    ``(II) the installation of such 
                                additional physical barriers, roads, 
                                lighting, and sensors along such border 
                                as may be necessary to eliminate 
                                illegal crossings along such border, 
                                including--
                                            ``(aa) 2 coils of barbed 
                                        wire;
                                            ``(bb) 2 tall, sturdy wire 
                                        fences, with sensors to warn of 
                                        any incursion;
                                            ``(cc) a patrol path for 
                                        vehicles between the fences 
                                        described in item (bb);
                                            ``(dd) a smoothed strip of 
                                        sand that runs parallel to the 
                                        fences to detect footprints;
                                            ``(ee) 2 ditches to prevent 
                                        vehicles from approaching 
                                        either fence;
                                            ``(ff) closed circuit 
                                        television cameras; and
                                            ``(gg) motion detectors.
                            ``(ii) Priority areas.--With respect to the 
                        border described in clause (i), the Secretary 
                        shall ensure that initial fence construction 
                        occurs in high traffic and smuggling areas 
                        along such border.
                            ``(iii) Consultation.--Before installing 
                        any fencing or other physical barriers, roads, 
                        lighting, or sensors under clause (i) on land 
                        transferred by the Secretary of Defense under 
                        subparagraph (B), the Secretary shall consult 
                        with the Secretary of Defense for purposes of 
                        mitigating or limiting the impact of the 
                        fencing, barriers, roads, lighting, and sensors 
                        on military training and operations.
                    ``(B) Border zone creation and acquisition.--
                            ``(i) In general.--In carrying out 
                        subsection (a), the Secretary of Homeland 
                        Security shall create and control a border 
                        zone, along the international land border 
                        described in subparagraph (A)(i)(I), subject to 
                        the following conditions:
                                    ``(I) Size.--The border zone shall 
                                consist of the United States land area 
                                within 100 yards of the international 
                                land border described in subparagraph 
                                (A)(i)(I), except that with respect to 
                                areas of the border zone that are 
                                contained within an organized 
                                subdivision of a State or local 
                                government, the Secretary may adjust 
                                the area included in the border zone to 
                                accommodate existing public and private 
                                structures.
                                    ``(II) Treatment of federal land.--
                                Not later than 30 days after the date 
                                of the enactment of the Southwest 
                                Border Security Act, the head of each 
                                Federal agency having jurisdiction over 
                                Federal land included in the border 
                                zone shall transfer such land, without 
                                reimbursement, to the administrative 
                                jurisdiction of the Secretary of 
                                Homeland Security.
                                    ``(III) Treatment of indian 
                                lands.--With respect to Indian lands 
                                included within the border zone, the 
                                Secretary shall obtain, through 
                                agreement, donation, purchase, or 
                                condemnation, the rights, titles, or 
                                interests in such real property that 
                                are sufficient to provide for the 
                                construction of the security features 
                                described in subparagraph (A)(i) and 
                                access to the border zone as may be 
                                necessary to deter illegal crossings 
                                into the United States. In this 
                                subclause, the terms `Indian lands' and 
                                `Indian tribe' shall have the meaning 
                                given such terms in section 2103 of the 
                                Revised Statutes (25 U.S.C. 81).
                            ``(ii) Property review and acquisition.--
                                    ``(I) Property review.--The 
                                Secretary shall conduct a comprehensive 
                                review and value assessment of all 
                                property in the border zone owned by 
                                private parties, States, and local 
                                governments.
                                    ``(II) Completion of review.--The 
                                Secretary shall complete the review 
                                required by subclause (I)--
                                            ``(aa) not later than 180 
                                        days after the date of the 
                                        enactment of the Southwest 
                                        Border Security Act, in the 
                                        case of priority areas 
                                        identified by subparagraph 
                                        (A)(ii); and
                                            ``(bb) not later than 360 
                                        days after the date of the 
                                        enactment of the Southwest 
                                        Border Security Act in the case 
                                        of other land in the border 
                                        zone.
                                    ``(III) Acquisition.--As soon as 
                                practicable after the date of the 
                                enactment of the Southwest Border 
                                Security Act, the Secretary shall 
                                commence proceedings for the 
                                acquisition of the rights, titles, or 
                                interest in such real property covered 
                                by the review described in subclause 
                                (I) in accordance with section 103(b) 
                                of the Immigration and Nationality Act 
                                (8 U.S.C. 1103(b)), and that are 
                                sufficient to provide for the 
                                construction of the security features 
                                described in subparagraph (A)(i) and 
                                access to the border zone as may be 
                                necessary to deter illegal crossings 
                                into the United States.
                            ``(iii) Other uses.--The Secretary may 
                        authorize the use of land included in the 
                        border zone for other purposes so long as such 
                        use does not impede the operation or 
                        effectiveness of the security features 
                        installed under subparagraph (A)(i) or the 
                        ability of the Secretary to carry out 
                        subsection (a).''; and
            (2) by striking ``Attorney General'' and inserting 
        ``Secretary of Homeland Security'' each place it appears.

SEC. 622. STUDY AND REPORT ON THE USE OF TECHNOLOGY TO PREVENT UNLAWFUL 
              IMMIGRATION.

    (a) Study.--The Secretary of Homeland Security shall conduct a 
study of available technology, including radar animal detection 
systems, that could be utilized to increase the security of the 
international borders of the United States and to permit law 
enforcement officials to detect and prevent illegal immigration.
    (b) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of Homeland Security shall submit 
to Congress a report on the study carried out under subsection (a). The 
report shall include the recommendations of the Secretary related to 
the efficacy of the technologies studied.

                     TITLE VII--DAY LABORER CENTERS

SEC. 701. USE OF DAY LABORER CENTERS TO SECURE EMPLOYMENT FOR ILLEGAL 
              ALIENS.

    It shall be unlawful for any person to operate a day laborer center 
if the person knows, or reasonably should know, that the center is 
being used to secure employment for aliens who are not authorized to 
work in the United States.

SEC. 702. INVESTIGATION OF ILLEGAL ALIENS.

    If any employee of the Department of Homeland Security is notified 
of the presence, at a specific location, of more than one alien who may 
be in the United States in violation of any provision of the 
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)--
            (1) the employee shall notify the appropriate investigative 
        authority of the Department; and
            (2) such authority shall investigate the violation and 
        enforce, to the fullest extent possible, all applicable 
        immigration, employment, tax, and other laws against employers, 
        illegal workers, and day labor center operators and managers.

SEC. 703. REFERRALS TO THE IRS.

    Any investigative authority of the Department of Homeland Security 
conducting an investigation under section 702(2) shall provide relevant 
information obtained through such investigation to the appropriate 
investigative authority of the Internal Revenue Service to further 
investigate all tax evasion violations by employers or illegal workers 
using the day laborer center for a hiring arrangement.

SEC. 704. AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (a)(1)--
                    (A) by amending subparagraph (A) to read as 
                follows:
                    ``(A)(i) to hire, recruit, or refer an alien for 
                employment in the United States, knowing or having 
                reason to know that the alien is an unauthorized alien 
                (as defined in subsection (h)(3)) with respect to such 
                employment; or
                    ``(ii) to provide services intended to assist an 
                alien in obtaining employment in the United States, 
                knowing or having reason to know that the alien is an 
                unauthorized alien; or'';
                    (B) in subparagraph (B)--
                            (i) by striking ``subsection (b) or'' and 
                        all that follows and inserting ``subsection 
                        (b); or''; and
                            (ii) by inserting at the end the following:
                    ``(ii) if the person or entity is an agricultural 
                association, agricultural employer, farm labor 
                contractor (as defined in section 3 of the Migrant and 
                Seasonal Agricultural Worker Protection Act (29 U.S.C. 
                1802)), or an entity providing employment services, to 
                hire, recruit, or refer an individual for employment in 
                the United States in violation of the requirements of 
                subsection (b).'';
            (2) in subsection (b)(3)(A) by striking ``for a fee'';
            (3) in subsection (e)(4)(B)(i), by striking ``for a fee''; 
        and
            (4) in subsection (h)(2), by striking ``or recruit or refer 
        for a fee'' and inserting ``recruit, or refer''.

SEC. 705. AMENDMENT TO PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY 
              RECONCILIATION ACT OF 1996.

    Section 411(c)(1)(B) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1621(c)(1)(B)) is 
amended by inserting ``employment services,'' after ``unemployment 
benefit,''.

        TITLE VIII--HIGHER EDUCATION BENEFITS FOR ILLEGAL ALIENS

SEC. 801. LIMITATION ON ELIGIBILITY.

    Section 505 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1623) is amended--
            (1) in subsection (a), by striking ``on the basis of 
        residence'' and all that follows and inserting ``for any 
        postsecondary education benefit unless every citizen or 
        national of the United States is entitled to such a benefit in 
        an amount, duration, and scope that is not less than the 
        benefit available to the alien without regard to whether the 
        citizen or national is a resident of the State or has attended 
        or graduated from a school in the State.'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following:
    ``(b) Private Cause of Action.--
            ``(1) In general.--Any citizen or national of the United 
        States who is attending, or is enrolled in, a postsecondary 
        educational institution alleged to have violated subsection (a) 
        may commence a civil action in a court of competent 
        jurisdiction, to enforce the terms of subsection (a), against--
                    ``(A) any official of the State agency that governs 
                such postsecondary educational institutions; or
                    ``(B) the postsecondary educational institution.
            ``(2) Fees and costs.--If an individual described in 
        paragraph (1) establishes a violation of subsection (a) to the 
        satisfaction of the court, the court shall--
                    ``(A) provide all appropriate relief to the 
                individual; and
                    ``(B) award attorney's fees and costs to the 
                individual.''.

              TITLE IX--IMMIGRATION LITIGATION PROCEDURES

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Fairness in Immigration Litigation 
Act of 2007''.

SEC. 902. APPROPRIATE REMEDIES FOR IMMIGRATION LITIGATION.

    (a) Limitation on Civil Actions.--No court may certify an action as 
a class action under Rule 23 of the Federal Rules of Civil Procedure in 
any civil action filed after the date of the enactment of this Act 
pertaining to the administration or enforcement of the immigration laws 
of the United States.
    (b) Requirements for Relief.--
            (1) Prospective relief.--
                    (A) In general.--In the case that a court 
                determines that prospective relief should be ordered 
                against the Government in a civil action with respect 
                to the administration or enforcement of the immigration 
                laws of the United States, the court may order such 
                relief only if the following requirements are met:
                            (i) The court limits the relief to the 
                        minimum necessary to correct the violation.
                            (ii) The relief is the least intrusive 
                        means necessary to correct the violation.
                            (iii) The court minimizes, to the greatest 
                        practical extent, any adverse impact on 
                        national security, border security, immigration 
                        administration and enforcement, and public 
                        safety caused by the relief.
                            (iv) The court provides for the expiration 
                        of the relief on a specific date which allows 
                        for the minimum practical time needed to remedy 
                        the violation.
                    (B) Written explanation required with court 
                order.--Each court order granting prospective relief 
                shall include in writing an explanation of how the 
                relief meets each requirement under subparagraph (A). 
                Such explanation must be sufficiently detailed to allow 
                review by another court.
            (2) Duration of preliminary injunctive relief.--In the case 
        of prospective relief that is preliminary injunctive relief, 
        such preliminary injunctive relief shall automatically expire 
        on the date that is 90 days after its entry, unless the court 
        determines that the relief meets all legal requirements, 
        including those under paragraph (1)(A), for the entry of 
        prospective relief and makes the order for the prospective 
        relief involved final before expiration of the 90-day period.
    (c) Procedure for Motions Affecting Prospective Relief Against the 
Government.--
            (1) In general.--A court shall promptly rule on any motion 
        by the Government to vacate, modify, dissolve, or otherwise 
        terminate an order granting prospective relief in a civil 
        action with respect to the administration or enforcement of the 
        immigration laws of the United States.
            (2) Automatic stays.--
                    (A) In general.--A motion described in paragraph 
                (1), with respect to an order granting prospective 
                relief in a civil action described in such paragraph 
                shall automatically, and without further order of the 
                court, stay the order granting prospective relief 
                during the period beginning on the date that is 15 days 
                after the date on which such motion is filed and ending 
                on the date on which the court enters a final order 
                granting or denying the motion.
                    (B) Rule of construction.--A motion described in 
                paragraph (1) shall not operate as a stay under 
                subparagraph (A) if the court involved enters a final 
                order ruling on the motion before the first day of the 
                period described in subparagraph (A).
                    (C) Treatment of motions pending for not more than 
                45 days on date of enactment.--For purposes of this 
                subsection, a motion described in paragraph (1) that 
                was filed during the 45-day period before the date of 
                the enactment of this Act and for which the court has 
                not, as of such date of enactment, entered a final 
                order ruling on the motion shall be treated as if the 
                motion had been filed on such date of enactment.
                    (D) Treatment of motions pending for more than 45 
                days on date of enactment.--For purposes of this 
                subsection, a motion described in paragraph (1) that 
                was filed more than 45 days before the date of the 
                enactment of this Act and for which, as of the date 
                that is 10 days after such date of enactment, the court 
                involved has not entered a final order granting or 
                denying the motion, shall operate as an automatic stay 
                of the prospective relief, without further order of the 
                court. An automatic stay under this subparagraph shall 
                be effective beginning on such date that is 10 days 
                after the date of enactment and ending on the date on 
                which the court involved enters a final order granting 
                or denying the motion. The effective date of an 
                automatic stay under this subparagraph may not be 
                postponed under paragraph (3).
            (3) Postponement of automatic stays.--The court may, for 
        good cause, enter an order to postpone the effective date of an 
        automatic stay under paragraph (2). No effective date of an 
        automatic stay under paragraph (2) may be postponed for more 
        than 15 days.
            (4) Automatic stays during remands from higher courts.--
        Whenever a higher court orders that a decision on a motion 
        subject to this section shall be remanded to a lower court, the 
        order granting prospective relief that is the subject of the 
        motion shall be automatically stayed until the district court 
        enters an order granting or denying the motion. The effective 
        date of an automatic stay under this subparagraph may not be 
        postponed under paragraph (3).
            (5) Orders blocking automatic stays.--Any order staying, 
        suspending, delaying, or otherwise barring the effective date 
        of an automatic stay under this subsection, other than an order 
        to postpone the effective date under paragraph (3), shall be 
        treated as an order refusing to vacate, modify, dissolve, or 
        otherwise terminate an injunction and immediately shall be 
        appealable pursuant to section 1292(a)(1) of title 28, United 
        States Code.
            (6) Requirements for order denying motion.--Subsection (b) 
        shall apply to an order entered by a court to deny a motion 
        described in paragraph (1) in the same manner that such 
        subsection applies to a grant of prospective relief under such 
        subsection.
    (d) Rules for Prospective Relief Affecting Expedited Removal.--
            (1) In general.--Notwithstanding any other provision of law 
        (statutory or nonstatutory), including section 2241 of Title 
        28, United States Code, or any other habeas provision, and 
        sections 1361 and 1651 of such title, no court has jurisdiction 
        to grant or continue an order or part of an order granting 
        prospective relief if the order or part of the order interferes 
        with, affects, or impacts any determination pursuant to, or the 
        implementation of, section 235(b)(1) of the Immigration and 
        Nationality Act (8 U.S.C. 1225(b)(1)).
            (2) Determination of continuing jurisdiction.--Upon the 
        Government's filing of a motion to vacate, modify, dissolve, or 
        otherwise terminate an order granting prospective relief in a 
        civil action described in subsection (b)(1)(A), the court 
        involved shall promptly determine whether it continues to have 
        jurisdiction and shall promptly vacate any order or part of an 
        order granting prospective relief that is not within the 
        jurisdiction of the court.
            (3) Safe harbor for continuing prospective relief to remedy 
        violation of constitutional rights.--Paragraphs (1) and (2) 
        shall not apply to an order granting prospective relief in a 
        civil action described in subsection (b)(1)(A) to the extent 
        that the order was entered before the date of the enactment of 
        this Act and the prospective relief is necessary to remedy the 
        violation of a right guaranteed by the Constitution of the 
        United States.
    (e) Settlements.--
            (1) Consent decrees.--In any civil action with respect to 
        the administration or enforcement of the immigration laws of 
        the United States, the court involved shall not enter, approve, 
        or continue a consent decree unless the decree complies with 
        the requirements under clauses (i) through (iv) of subparagraph 
        (A) of subsection (b)(1) and includes the written explanation 
        required under subparagraph (B) of such subsection.
            (2) Private settlement agreements.--Nothing in this 
        subsection shall preclude parties from entering into a private 
        settlement agreement that does not comply with the requirements 
        under clauses (i) through (iv) of subparagraph (A) of 
        subsection (b)(1) or that does not include the written 
        explanation required under subparagraph (B) of such subsection.
    (f) Expedited Proceedings.--Each court shall take measures to 
advance on the docket and to expedite the disposition of any civil 
action described in subsection (b)(1)(A) or motion described in 
subsection (c) or (d).
    (g) Definitions.--For purposes of this section:
            (1) Consent decree.--The term ``consent decree'' means any 
        relief entered by a court that is based in whole or in part on 
        the consent or acquiescence of the parties involved but does 
        not include private settlements.
            (2) Good cause.--The term ``good cause'' does not include 
        any cause related to discovery or congestion of the court's 
        calendar.
            (3) Government.--The term ``Government'' means the United 
        States, any Federal department or agency, or any Federal agent 
        or official acting within the scope of official duties.
            (4) Permanent relief.--The term ``permanent relief'' means 
        relief issued in connection with a final decision of a court.
            (5) Private settlement agreement.--The term ``private 
        settlement agreement'' means an agreement entered into among 
        the parties involved that is not subject to judicial 
        enforcement other than the reinstatement of the civil 
        proceedings that the agreement settled.
            (6) Prospective relief.--The term ``prospective relief'' 
        means temporary, preliminary, or permanent relief other than 
        compensatory monetary damages.

SEC. 903. SEVERABILITY.

    If any provision of this title or the application of such provision 
to any person or circumstance is found to be unconstitutional, the 
remainder of this title and the application of the provisions of such 
remainder of this title to any person or circumstance shall not be 
affected by such finding.

SEC. 904. EFFECTIVE DATE.

    Except as otherwise provided under section 902(a), the provisions 
of this title apply to all orders granting prospective relief entered 
by a court before, on, or after the date of the enactment of this Act.
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