[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2294 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 465
110th CONGRESS
  1st Session
                                S. 2294

To strengthen immigration enforcement and border security and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 1, 2007

    Mr. Kyl (for himself, Mr. Graham, Mr. Cornyn, Mr. Martinez, Mr. 
  Sessions, Mr. Specter, and Mr. McConnell) introduced the following 
                  bill; which was read the first time

                            November 2, 2007

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To strengthen immigration enforcement and border security 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 ``Immigration 
Enforcement and Border Security Act of 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Reference to the Immigration and Nationality Act.
Sec. 3. Definitions.
                        TITLE I--BORDER SECURITY

        Subtitle A--Assets for Controlling United States Borders

Sec. 101. Achieving operational control of the borders.
Sec. 102. Enforcement personnel.
Sec. 103. Operation jump start.
Sec. 104. Technological assets.
Sec. 105. Infrastructure.
Sec. 106. Ports of entry.
             Subtitle B--Other Border Security Initiatives

Sec. 112. Unlawful flight from immigration or customs controls.
Sec. 113. Catch and return.
Sec. 114. Seizure of conveyance with concealed compartment.
                       Subtitle C--Other Measures

Sec. 121. Secure communication.
Sec. 122. Unmanned aircraft systems.
Sec. 123. Biometric data enhancements.
Sec. 124. US-VISIT System.
Sec. 125. Listing of immigration violators in the National Crime 
                            Information Center database.
Sec. 126. Document fraud detection.
Sec. 127. Border relief grant program.
Sec. 128. Combating human smuggling.
Sec. 129. Increase of Federal detention space and the utilization of 
                            facilities identified for closures as a 
                            result of the Defense Base Closure 
                            Realignment Act of 1990.
Sec. 130. Northern border prosecution reimbursement.
Sec. 131. Limitation on landowner's liability.
                     TITLE II--INTERIOR ENFORCEMENT

                 Subtitle A--Interior Security Measures

Sec. 201. Additional immigration personnel.
Sec. 202. Detention and removal of aliens ordered removed or aliens who 
                            overstay.
Sec. 203. Aggravated felony.
Sec. 204. Inadmissibility and deportability of gang members.
Sec. 205. Grounds of inadmissibility and deportability relating to 
                            removal and firearm offenses.
Sec. 206. Alien smuggling and related offenses.
Sec. 207. Illegal entry.
Sec. 208. Criminal penalties for aliens unlawfully present in the 
                            United States.
Sec. 209. Illegal reentry.
Sec. 210. Reform of passport, visa, and immigration fraud offenses.
Sec. 211. Inadmissibility and removal for passport and immigration 
                            fraud offenses.
Sec. 212. Incarceration of criminal aliens.
Sec. 213. Encouraging aliens to depart voluntarily.
Sec. 214. Deterring aliens ordered removed from remaining in the United 
                            States unlawfully.
Sec. 215. Prohibition of the sale of firearms to, or the possession of 
                            firearms by certain aliens.
Sec. 216. Uniform statute of limitations for certain immigration, 
                            passport, and naturalization offenses.
Sec. 217. Diplomatic security service.
Sec. 218. Streamlined processing of background checks conducted for 
                            immigration benefits.
Sec. 219. State criminal alien assistance program.
Sec. 220. Reducing illegal immigration and alien smuggling on tribal 
                            lands.
Sec. 221. Alternatives to detention.
Sec. 222. State and local enforcement of Federal immigration laws.
Sec. 223. Protecting immigrants from convicted sex offenders.
Sec. 224. Law enforcement authority of States and political 
                            subdivisions and transfer to Federal 
                            custody.
Sec. 225. Laundering of monetary instruments.
Sec. 226. Cooperative enforcement programs.
Sec. 227. Expansion of the justice prisoner and alien transfer system.
Sec. 228. Directive to the United States Sentencing Commission.
Sec. 229. Cancellation of visas.
Sec. 230. Judicial review of visa revocation.
Sec. 231. Terrorist bar to good moral character.
Sec. 232. Precluding admissibility of aliens convicted of aggravated 
                            felonies or other serious offenses.
Sec. 233. Removal and denial of benefits to terrorist aliens.
Sec. 234. Use of 1986 IRCA legalization information for national 
                            security purposes.
Sec. 235. Definition of racketeering activity.
Sec. 236. Sanctions for countries that delay or prevent repatriation of 
                            their nationals.
Sec. 237. Appropriate remedies for immigration legislation.
Sec. 238. Reporting requirements.
Sec. 239. Withholding of removal.
Sec. 240. Precluding refugees and asylees who have been convicted of 
                            aggravated felonies from adjustment to 
                            legal permanent resident status.
Sec. 241. Judicial review of discretionary determinations and removal 
                            orders relating to criminal aliens.
Sec. 242. Information sharing between Federal and local law enforcement 
                            officers.
Sec. 243. Fraud prevention program.
                    Subtitle B--Worksite Enforcement

Sec. 251. Unlawful employment of aliens.
Sec. 252. Disclosure of certain taxpayer information to assist in 
                            immigration enforcement.
Sec. 253. Increasing security and integrity of Social Security cards.
Sec. 254. Increasing security and integrity of identity documents.
Sec. 255. Voluntary Advanced Verification Program to Combat Identity 
                            Theft.
Sec. 256. Responsibilities of the Social Security Administration.
Sec. 257. Immigration enforcement support by the Internal Revenue 
                            Service and the Social Security 
                            Administration.
Sec. 258. Additional criminal penalties for misuse of social security 
                            account numbers.
Sec. 259. Authorization of appropriations.

SEC. 2. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Immigration and 
Nationality Act (8 U.S.C. 1101 et seq.).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

                        TITLE I--BORDER SECURITY

        Subtitle A--Assets for Controlling United States Borders

SEC. 101. ACHIEVING OPERATIONAL CONTROL OF THE BORDERS.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall work to achieve operational 
control of 100 percent of the international land and maritime borders 
of the United States by--
            (1) deploying along such borders physical infrastructure 
        enhancements, including additional checkpoints, all weather 
        access roads, and vehicle barriers to gain operational control 
        over such borders and to facilitate access to such borders by 
        United States Customs and Border Protection;
            (2) installing, along the international land border between 
        the United States and Mexico, at least--
                    (A) 300 miles of vehicle barriers;
                    (B) 700 linear miles of fencing as required under 
                the Secure Fence Act of 2006 (Public Law 109-367); and
                    (C) 105 ground-based radar and camera towers;
            (3) deploying, for use along the international land border 
        between the United States and Mexico, 4 unmanned aerial 
        vehicles, and the supporting systems for such vehicles; and
            (4) conducting systematic surveillance of the international 
        land and maritime borders of the United States through more 
        effective use of personnel and technology, including ground-
        based sensors, satellites, radar coverage, and cameras.
    (b) Operational Control Defined.--In this section, the term 
``operational control'' means the successful prevention of all unlawful 
entries into the United States, including entries by terrorists, other 
unlawful aliens, instruments of terrorism, narcotics, and other 
contraband.

SEC. 102. ENFORCEMENT PERSONNEL.

    (a) Additional Personnel.--
            (1) United states customs and border protection officers.--
                    (A) In general.--In each of the fiscal years 2008 
                through 2012, the Secretary, subject to the 
                availability of appropriations, shall increase by not 
                less than 500 the number of positions for full-time 
                active duty officers of United States Customs and 
                Border Protection and provide appropriate training, 
                equipment, and support to such additional officers.
                    (B) International airports.--Not later than 
                September 30, 2008, the Secretary, subject to the 
                availability of appropriations, shall employ not less 
                than an additional 200 officers of United States 
                Customs and Border Protection to address staff 
                shortages at the 20 international airports in the 
                United States with the highest number of foreign 
                visitors arriving annually, as determined pursuant to 
                the most recent data collected by United States Customs 
                and Border Protection before the date of the enactment 
                of this Act.
            (2) Immigration and customs enforcement personnel.--In 
        addition to the positions authorized under section 5203 of the 
        Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458), during each of the fiscal years 2008 
        through 2012, the Secretary shall, subject to the availability 
        of appropriations, increase by not fewer than 200 the number of 
        positions for personnel within the Department assigned to 
        investigate alien smuggling.
            (3) Deputy united states marshals.--In each of the fiscal 
        years 2008 through 2012, the Attorney General shall, subject to 
        the availability of appropriations, increase by not less than 
        50 the number of positions for full-time active duty Deputy 
        United States Marshals that assist in matters related to 
        immigration.
            (4) Recruitment of former military personnel.--The 
        Commissioner of United States Customs and Border Protection, in 
        conjunction with the Secretary of Defense or a designee of the 
        Secretary of Defense, shall establish a program to actively 
        recruit members of the Army, Navy, Air Force, Marine Corps, and 
        Coast Guard who have elected to separate from active duty.
    (b) Authorization of Appropriations.--
            (1) United states customs and border protection officers.--
        There are authorized to be appropriated to the Secretary such 
        sums as may be necessary for each of the fiscal years 2008 
        through 2012 to carry out subsection (a)(1).
            (2) Deputy united states marshals.--There are authorized to 
        be appropriated to the Attorney General such sums as may be 
        necessary for each of the fiscal years 2008 through 2012 to 
        carry out subsection (a)(3).
            (3) Border patrol agents.--Section 5202 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is 
        amended to read as follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

    ``(a) In General.--The Secretary of Homeland Security shall acquire 
sufficient training staff and training facilities to increase the 
capacity of the Department of Homeland Security to train 2,400 new, 
full-time, active duty Border Patrol agents per year.
    ``(b) Northern Border.--In each of the fiscal years 2008 through 
2012, in addition to the border patrol agents assigned along the 
northern border of the United States during the previous fiscal year, 
the Secretary shall assign a number of border patrol agents equal to 
not less than 20 percent of the net increase in border patrol agents 
during each such fiscal year.
    ``(c) Annual Increases.--The Secretary of Homeland Security shall, 
subject to the availability of appropriations for such purpose, 
increase the number of positions for full-time active duty border 
patrol agents within the Department of Homeland Security (above the 
number of such positions for which funds were appropriated for the 
preceding fiscal year), by not less than--
            ``(1) 2,000 in fiscal year 2007;
            ``(2) 2,400 in fiscal year 2008;
            ``(3) 2,400 in fiscal year 2009;
            ``(4) 2,400 in fiscal year 2010;
            ``(5) 2,400 in fiscal year 2011; and
            ``(6) 2,400 in fiscal year 2012.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2008 through 2012 to carry out this section.''.

SEC. 103. OPERATION JUMP START.

    (a) In General.--The Secretary of Defense, in conjunction with the 
Commissioner of United States Customs and Border Protection, shall 
provide not fewer than 6,000 National Guard members on the southern 
land border of the United States to assist the United States Border 
Patrol in gaining operational control of that border.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Defense such sums as may be necessary 
for each of the fiscal years 2008 through 2010 to carry out subsection 
(a).

SEC. 104. TECHNOLOGICAL ASSETS.

    (a) Acquisition.--Subject to the availability of appropriations for 
such purpose, the Secretary shall procure additional unmanned aerial 
vehicles, cameras, poles, sensors, and other technologies necessary to 
achieve operational control of the borders of the United States.
    (b) Increased Availability of Equipment.--The Secretary and the 
Secretary of Defense shall develop and implement a plan to use 
authorities provided to the Secretary of Defense under chapter 18 of 
title 10, United States Code, to increase the availability and use of 
Department of Defense equipment, including unmanned aerial vehicles, 
tethered aerostat radars, and other surveillance equipment, to assist 
the Secretary in carrying out surveillance activities conducted at or 
near the international land borders of the United States to prevent 
illegal immigration.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary for each of 
the fiscal years 2008 through 2012 to carry out subsection (a).

SEC. 105. INFRASTRUCTURE.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended--
            (1) in subsection (a), by striking ``Attorney General, in 
        consultation with the Commissioner of Immigration and 
        Naturalization,'' and inserting ``Secretary of Homeland 
        Security''; and
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1), (2), (3), and 
                (4) as paragraphs (2), (3), (4), and (5), respectively;
                    (B) by inserting before paragraph (2), as 
                redesignated, the following:
            ``(1) Fencing near san diego, california.--In carrying out 
        subsection (a), the Secretary shall provide for the 
        construction of second and third fences, in addition to the 
        existing reinforced fence, along the first 14 miles of the 
        international land border between the United States and Mexico 
        extending east from the Pacific Ocean, and for roads between 
        the fences.'';
                    (C) in paragraph (2), as redesignated--
                            (i) in the heading, by striking ``security 
                        features'' and inserting--``additional fencing 
                        along southwest border''; and
                            (ii) by striking subparagraphs (A) through 
                        (C) and inserting the following:
                    ``(A) Reinforced fencing.--In carrying out 
                subsection (a), the Secretary of Homeland Security 
                shall construct reinforced fencing along not less than 
                700 miles of the southwest border where fencing would 
                be most practical and effective and provide for the 
                installation of additional physical barriers, roads, 
                lighting, cameras, and sensors to gain operational 
                control of the southwest border.
                    ``(B) Priority areas.--In carrying out this 
                section, the Secretary of Homeland Security shall--
                            ``(i) identify the 370 miles along the 
                        southwest border where fencing would be most 
                        practical and effective in deterring smugglers 
                        and aliens attempting to gain illegal entry 
                        into the United States; and
                            ``(ii) not later than December 31, 2008, 
                        complete construction of reinforced fencing 
                        along the 370 miles identified under clause (i) 
                        before completing the construction of the 
                        remaining 330 miles of fencing.
                    ``(C) Consultation.--
                            ``(i) In general.--In carrying out this 
                        section, the Secretary of Homeland Security 
                        shall consult with the Secretary of Interior, 
                        the Secretary of Agriculture, States, local 
                        governments, Indian tribes, and property owners 
                        in the United States to minimize the impact on 
                        the environment, culture, commerce, and quality 
                        of life for the communities and residents 
                        located near the sites at which such fencing is 
                        to be constructed.
                            ``(ii) Savings provision.--Nothing in this 
                        subparagraph may be construed to--
                                    ``(I) create any right of action 
                                for a State, local government, or other 
                                person or entity affected by this 
                                subsection; or
                                    ``(II) affect the eminent domain 
                                laws of the United States or of any 
                                State.''; and
                    (D) in paragraph (5), as redesignated, by striking 
                ``to carry out this subsection not to exceed 
                $12,000,000'' and inserting ``such sums as may be 
                necessary to carry out this subsection''.

SEC. 106. PORTS OF ENTRY.

    Section 102 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, Division C of Public Law 104-208, is 
amended by the addition, at the end of that section, the following:
    ``(e) Construction and Improvements.--The Secretary is authorized 
to--
            ``(1) construct additional ports of entry along the 
        international land borders of the United States, at locations 
        to be determined by the Secretary; and
            ``(2) make necessary improvements to the ports of entry.''.

             Subtitle B--Other Border Security Initiatives

SEC. 112. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS.

    (a) In General.--Section 758 of title 18, United States Code, is 
amended to read as follows:
``Sec. 758. Unlawful flight from immigration or customs controls
    ``(a) Evading a Checkpoint.--Any person who, while operating a 
motor vehicle or vessel, knowingly flees or evades a checkpoint 
operated by the Department of Homeland Security or any other Federal 
law enforcement agency, and knowingly or recklessly disregards or 
disobeys the lawful command of any law enforcement agent, shall be 
fined under this title, imprisoned not more than 5 years, or both.
    ``(b) Failure To Stop.--Any person who, while operating a motor 
vehicle, aircraft, or vessel, knowingly or recklessly disregards or 
disobeys the lawful command of an officer of the Department of Homeland 
Security engaged in the enforcement of the immigration, customs, or 
maritime laws, or the lawful command of any law enforcement agent 
assisting such officer, shall be fined under this title, imprisoned not 
more than 2 years, or both.
    ``(c) Alternative Penalties.--Notwithstanding the penalties 
provided in subsection (a) or (b), any person who violates such 
subsection shall--
            ``(1) be fined under this title, imprisoned not more than 
        10 years, or both, if the violation involved the operation of a 
        motor vehicle, aircraft, or vessel--
                    ``(A) in excess of the applicable or posted speed 
                limit,
                    ``(B) in excess of the rated capacity of the motor 
                vehicle, aircraft, or vessel, or
                    ``(C) in an otherwise dangerous or reckless manner;
            ``(2) be fined under this title, imprisoned not more than 
        20 years, or both, if the violation created a substantial and 
        foreseeable risk of serious bodily injury or death to any 
        person;
            ``(3) be fined under this title, imprisoned not more than 
        30 years, or both, if the violation caused serious bodily 
        injury to any person; or
            ``(4) be fined under this title, imprisoned for any term of 
        years or life, or both, if the violation resulted in the death 
        of any person.
    ``(d) Attempt and Conspiracy.--Any person who attempts or conspires 
to commit any offense under this section shall be punished in the same 
manner as a person who completes the offense.
    ``(e) Forfeiture.--Any property, real or personal, constituting or 
traceable to the gross proceeds of the offense and any property, real 
or personal, used or intended to be used to commit or facilitate the 
commission of the offense shall be subject to forfeiture.
    ``(f) Forfeiture Procedures.--Seizures and forfeitures under this 
section shall be governed by the provisions of chapter 46 of this 
title, relating to civil forfeitures, including section 981(d) of such 
title, except that such duties as are imposed upon the Secretary of the 
Treasury under the customs laws described in that section shall be 
performed by such officers, agents, and other persons as may be 
designated for that purpose by the Secretary of Homeland Security or 
the Attorney General. Nothing in this section shall limit the authority 
of the Secretary to seize and forfeit motor vehicles, aircraft, or 
vessels under the Customs laws or any other laws of the United States.
    ``(g) Definitions.--In this section:
            ``(1) Checkpoint.--The term `checkpoint' includes any 
        customs or immigration inspection at a port of entry.
            ``(2) Lawful command.--The term `lawful command' includes a 
        command to stop, decrease speed, alter course, or land, whether 
        communicated orally, visually, by means of lights or sirens, or 
        by radio, telephone, or other wire communication.
            ``(3) Law enforcement agent.--The term `law enforcement 
        agent' means any Federal, State, local or tribal official 
        authorized to enforce criminal law, and, when conveying a 
        command covered under subsection (b), an air traffic 
        controller.
            ``(4) Motor vehicle.--The term `motor vehicle' means any 
        motorized or self-propelled means of terrestrial 
        transportation.
            ``(5) Serious bodily injury.--The term `serious bodily 
        injury' has the meaning given in section 2119(2) of this 
        title.''.
    (b) Clerical Amendment.--The table of sections for chapter 35 of 
title 18, United States Code, is amended by striking the item relating 
to section 758 and inserting the following:

``758. Unlawful flight from immigration or customs controls.''.

SEC. 113. CATCH AND RETURN.

    (a) Mandatory Detention.--To deter illegal immigration, the 
Secretary shall detain, until the Secretary has effected the removal of 
every alien, who--
            (1) is a national of a noncontiguous country;
            (2) has not been admitted or paroled into the United 
        States; and
            (3) was apprehended within 100 miles of the international 
        border of the United States.
    (b) Supervised Release.--The Secretary may, for urgent humanitarian 
reasons, grant an alien described in subparagraph (a) supervised 
release with conditions during a pending removal proceeding if the 
alien--
            (1) does not pose a flight risk;
            (2) does not pose a danger to the community; and
            (3) gives a bond of not less than $5,000, with security 
        approved by, and containing conditions prescribed by, the 
        Secretary.

SEC. 114. SEIZURE OF CONVEYANCE WITH CONCEALED COMPARTMENT.

    Section 3 of the Act of August 5, 1935 (19 U.S.C. 1703) is 
amended--
            (1) by amending the section heading to read as follows:
``Sec. 1703. Seizure and forfeiture of vessels, vehicles, other 
              conveyances and instruments of international traffic'';
            (2) in subsection (a), by amending the subsection heading 
        to read as follows:
    ``(a) Vessels, Vehicles, Other Conveyances, and Instruments of 
International Traffic Subject to Seizure and Forfeiture.--'';
            (3) in subsections (a) and (b), by inserting ``, vehicle, 
        other conveyance, or instrument of international traffic'' 
        after ``vessel'' each place it appears;
            (4) in subsection (b), by amending the subsection heading 
        to read as follows:
    ``(b) Vessels, Vehicles, Other Conveyances, and Instruments of 
International Traffic Defined.--''; and
            (5) by amending subsection (c) to read as follows:
    ``(c) Acts Constituting Prima Facie Evidence of Vessel, Vehicle, or 
Other Conveyance or Instrument of International Traffic Engaged in 
Smuggling.--For the purposes of this section, prima facie evidence that 
a conveyance is being, has been, or is attempted to be employed in 
smuggling or to defraud the revenue of the United States shall be--
            ``(1) in the case of a vessel, the fact that a vessel has 
        become subject to pursuit as provided in section 1581, or is a 
        hovering vessel, or that a vessel fails, at any place within 
        the customs waters of the United States or within a customs-
        enforcement area, to display light as required by law; and
            ``(2) in the case of a vehicle, other conveyance, or 
        instrument of international traffic, the fact that a vehicle, 
        other conveyance or instrument of international traffic has any 
        compartment or equipment that is built or fitted out for 
        smuggling.''.

                       Subtitle C--Other Measures

SEC. 121. SECURE COMMUNICATION.

    The Secretary shall, as expeditiously as practicable, develop and 
implement a plan to improve the use of satellite communications and 
other technologies to ensure clear and secure 2-way communication 
capabilities--
            (1) among all Border Patrol agents conducting operations 
        between ports of entry;
            (2) between Border Patrol agents and their respective 
        Border Patrol stations; and
            (3) between all appropriate border security agencies of the 
        Department and State, local, and tribal law enforcement 
        agencies.

SEC. 122. UNMANNED AIRCRAFT SYSTEMS.

    (a) Unmanned Aircraft and Associated Infrastructure.--The Secretary 
shall acquire and maintain unmanned aircraft systems for use on the 
border, including related equipment such as--
            (1) additional sensors;
            (2) critical spares;
            (3) satellite command and control; and
            (4) other necessary equipment for operational support.
    (b) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out subsection (a)--
                    (A) $178,400,000 for fiscal year 2008; and
                    (B) $276,000,000 for fiscal year 2009.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to paragraph (1) shall remain available until expended.

SEC. 123. BIOMETRIC DATA ENHANCEMENTS.

    Not later than October 1, 2008, the Secretary shall--
            (1) in consultation with the Attorney General, enhance 
        connectivity between the Automated Biometric Fingerprint 
        Identification System of the Department and the Integrated 
        Automated Fingerprint Identification System of the Federal 
        Bureau of Investigation to ensure more expeditious data 
        searches; and
            (2) in consultation with the Secretary of State, and the 
        Secretary of State, collect all fingerprints from each alien 
        required to provide fingerprints during the alien's initial 
        enrollment in the integrated entry and exit data system 
        described in section 110 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a).

SEC. 124. US-VISIT SYSTEM.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary, in consultation with the heads of 
other appropriate Federal agencies, shall submit to Congress a schedule 
for--
            (1) equipping all ports of entry of the United States with 
        the United States-Visitor and Immigrant Status Indicator 
        Technology system (referred to in this section as ``US-VISIT'') 
        implemented under section 110 of the Illegal Immigration Reform 
        and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), 
        including all necessary changes to infrastructure at the ports 
        of entry to fully deploy US-VISIT;
            (2) developing and deploying at such ports of entry the 
        exit component of US-VISIT; and
            (3) making interoperable all immigration screening systems 
        operated by the Secretary.
    (b) Visa Exit Tracking System.--In addition to the requirements 
under subsection (a), the Secretary shall, not later than 18 months 
after the date of the enactment of this Act, establish and deploy a 
system capable of recording the departure, at designated ports of 
entry, and, in coordination with the Secretary of State, at designated 
United States consulates, of aliens admitted on temporary nonimmigrant 
visas under the Immigration and Nationality Act (8 U.S.C. 1101 et 
seq.).
    (c) Prompt Removal Proceedings.--Subject to the availability of 
appropriations, the Secretary shall promptly identify, investigate, and 
initiate removal proceedings against every alien admitted into the 
United States on a temporary nonimmigrant visa under the Immigration 
and Nationality Act and who exceeds the alien's period of authorized 
admission or otherwise violates any terms of the alien's nonimmigrant 
status. In conducting such removal proceedings, the Secretary shall 
give priority to aliens who may pose a threat to the national security, 
and those convicted of criminal offenses.
    (d) Report to Governors.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Secretary shall submit a report 
        to the governor of each State that shares a land border with 
        Mexico and a separate report to the governor of each State that 
        shares a land border with Canada that describes the progress 
        made in establishing, funding, and implementing the border 
        security and other measures set forth under this title.
            (2) Governor's response.--Not later than 60 days after 
        receiving a report from the Secretary under paragraph (1), a 
        governor may submit a report to Congress that--
                    (A) analyzes the accuracy of the information 
                received by the Secretary;
                    (B) indicates whether the governor agrees with the 
                Secretary that the border security and other measures 
                described in this title will be established, funded, 
                and operational; and
                    (C) makes recommendations regarding new border 
                enforcement policies, strategies, and additional 
                programs needed to secure the border.
    (e) Biometric Entry-Exit System.--
            (1) Collection of biometric data from aliens entering and 
        departing the united states.--Section 215 (8 U.S.C. 1185) is 
        amended--
                    (A) by redesignating subsection (c) as subsection 
                (g);
                    (B) by moving subsection (g), as redesignated by 
                paragraph (1), to the end of the section; and
                    (C) by inserting after subsection (b) the 
                following:
    ``(c) The Secretary is authorized to require aliens entering and 
departing the United States to provide biometric data and other 
information relating to their immigration status.''.
            (2) Inspection of applicants for admission.--Section 235(d) 
        (8 U.S.C. 1225(d)) is amended by adding at the end the 
        following:
            ``(5) Authority to collect biometric data.--In conducting 
        inspections under subsections (a) and (b), immigration officers 
        are authorized to collect biometric data from--
                    ``(A) any applicant for admission, including 
                refugees and asylees, or any alien who is paroled under 
                section 212(d)(5), seeking to or permitted to land 
                temporarily as an alien crewman, or seeking to or 
                permitted transit through the United States; or
                    ``(B) any lawful permanent resident who is entering 
                the United States and who is not regarded as seeking 
                admission pursuant to section 101(a)(13)(C).''.
            (3) Collection of biometric data from alien crewmen.--
        Section 252 (8 U.S.C. 1282) is amended by adding at the end the 
        following:
    ``(d) An immigration officer is authorized to collect biometric 
data from an alien crewman seeking permission to land temporarily in 
the United States.''.
            (4) Grounds of inadmissibility.--Section 212 (8 U.S.C. 
        1182) is amended--
                    (A) in subsection (a)(7), by adding at the end the 
                following:
                    ``(C) Withholders of biometric data.--Except as 
                provided under subsection (d)(2), any alien who fails 
                or has failed to comply with a lawful request for 
                biometric data under section 215(c), 235(d), or 252(d) 
                is inadmissible.''; and
                    (B) in subsection (d), by inserting after paragraph 
                (1) the following:
    ``(2) The Secretary may waive the application of subsection 
(a)(7)(C) for an individual alien or class of aliens.''.
            (5) Implementation.--Section 7208 of the 9/11 Commission 
        Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
                    (A) in subsection (c), by adding at the end the 
                following:
            ``(3) Implementation.--In fully implementing the automated 
        biometric entry and exit data system under this section, the 
        Secretary is not required to comply with the requirements of 
        chapter 5 of title 5, United States Code (commonly referred to 
        as the Administrative Procedure Act) or any other law relating 
        to rulemaking, information collection, or publication in the 
        Federal Register.''; and
                    (B) in subsection (l)--
                            (i) by striking ``There are authorized'' 
                        and inserting the following:
            ``(1) In general.--There are authorized''; and
                            (ii) by adding at the end the following:
            ``(2) Implementation at all ports of entry.--
                    ``(A) In general.--The Secretary shall ensure that 
                the biometric entry-exit system is operational and 
                ready for use at all border ports of entry not later 
                than December 13, 2013.
                    ``(B) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as may be 
                necessary for each of the fiscal years 2008 through 
                2012 to implement the automated biometric entry and 
                exit data system at all border ports of entry.''.
    (f) Collection of Departure Data From Certain Nonimmigrants.--
            (1) In general.--The Secretary shall require an alien who 
        was admitted to the United States on a temporary nonimmigrant 
        visa to record the alien's departure at a designated port of 
        entry or at a designated United States consulate abroad.
            (2) Failure to record departure.--If an alien does not 
        record the alien's departure as required under paragraph (1), 
        the Secretary, not later than 48 hours after the expiration of 
        the alien's period of authorized admission, shall enter the 
        name of the alien into the National Crime Information Center 
        database as having overstayed the alien's period of authorized 
        admission.
            (3) Information sharing with law enforcement agencies.--
        Consistent with the authority of State and local police to 
        assist the Federal Government in the enforcement of Federal 
        immigration laws, the information in the database described in 
        paragraph (2) shall be made available to the Department of 
        State and to State and local law enforcement agencies pursuant 
        to the provisions of section 240D of the Immigration and 
        Nationality Act, as added by section 224 of this Act.

SEC. 125. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME 
              INFORMATION CENTER DATABASE.

            (1) Provision of information to the national crime 
        information center.--
                    (A) In general.--Except as provided under 
                subparagraph (C), not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                provide to the head of the National Crime Information 
                Center of the Department of Justice, and the head of 
                the National Crime Information Center shall input into 
                the National Crime Information Center Database, the 
                information that the Secretary has or maintains related 
                to any alien--
                            (i) against whom a final order of removal 
                        has been issued;
                            (ii) who enters into a voluntary departure 
                        agreement, or is granted voluntary departure by 
                        an immigration judge, whose period for 
                        departure has expired under subsection (a)(3) 
                        of section 240B of the Immigration and 
                        Nationality Act (8 U.S.C. 1229c), subsection 
                        (b)(2) of such section 240B, or who has 
                        violated a condition of a voluntary departure 
                        agreement under such section 240B;
                            (iii) whom a Federal immigration officer 
                        has confirmed to be unlawfully present in the 
                        United States or removable from the United 
                        States;
                            (iv) whose visa has expired; or
                            (v) whose visa has been revoked.
                    (B) Removal of information.--The head of the 
                National Crime Information Center shall promptly remove 
                any information provided by the Secretary under 
                subparagraph (A) related to an alien who is lawfully 
                admitted to enter or lawfully permitted to remain in 
                the United States.
                    (C) Procedure for removal of erroneous 
                information.--
                            (i) In general.--The Secretary, in 
                        consultation with the head of the National 
                        Crime Information Center, shall develop and 
                        implement a procedure by which an alien may 
                        petition the Secretary or head of the National 
                        Crime Information Center, as appropriate, to 
                        remove any erroneous information provided by 
                        the Secretary under subparagraph (A) related to 
                        such alien.
                            (ii) Effect of failure to receive notice.--
                        Under procedures developed under clause (i), 
                        failure by the alien to receive notice of a 
                        violation of the immigration laws shall not 
                        constitute cause for removing information 
                        provided by the Secretary under subparagraph 
                        (A) related to such alien, unless such 
                        information is erroneous.
                            (iii) Interim provision of information.--
                        Notwithstanding the 180-day period set forth in 
                        subparagraph (A), the Secretary may not provide 
                        the information required under subparagraph (A) 
                        until the procedures required under this 
                        paragraph have been developed and implemented.
            (2) Inclusion of information in the national crime 
        information center database.--Section 534(a) of title 28, 
        United States Code, is amended--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (4) as paragraph 
                (5); and
                    (C) by inserting after paragraph (3) the following:
            ``(4) acquire, collect, classify, and preserve records of 
        violations of the immigration laws of the United States; and''.

SEC. 126. DOCUMENT FRAUD DETECTION.

    (a) Training.--Subject to the availability of appropriations, the 
Secretary shall provide all United States Customs and Border Protection 
officers with training in identifying and detecting fraudulent travel 
documents. Such training shall be developed in consultation with the 
head of the Forensic Document Laboratory of United States Immigration 
and Customs Enforcement.
    (b) Forensic Document Laboratory.--The Secretary shall provide all 
United States Customs and Border Protection officers with access to the 
Forensic Document Laboratory.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section during each of the fiscal years 2008 through 2012.

SEC. 127. BORDER RELIEF GRANT PROGRAM.

    (a) Grants Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants, subject to the availability of appropriations, to an 
        eligible law enforcement agency to provide assistance to such 
        agency to address--
                    (A) criminal activity that occurs in the 
                jurisdiction of such agency by virtue of such agency's 
                proximity to the international border of the United 
                States; and
                    (B) the impact of any lack of security along such 
                border.
            (2) Duration.--Grants may be awarded under this subsection 
        during each of fiscal years 2008 through 2012.
            (3) Competitive basis.--The Secretary shall award grants 
        under this subsection on a competitive basis, except that the 
        Secretary shall give priority to applications from any eligible 
        law enforcement agency serving a community--
                    (A) with a population of fewer than 50,000 
                residents; and
                    (B) located not farther than 100 miles from a 
                United States border with--
                            (i) Canada; or
                            (ii) Mexico.
    (b) Use of Funds.--Grants awarded pursuant to subsection (a) may 
only be used to provide additional resources for an eligible law 
enforcement agency to address criminal activity occurring along any 
such border, including--
            (1) to obtain equipment;
            (2) to hire additional personnel;
            (3) to upgrade and maintain law enforcement technology;
            (4) to cover operational costs, including overtime and 
        transportation costs; and
            (5) such other resources as are available to assist that 
        agency.
    (c) Application.--
            (1) In general.--Each eligible law enforcement agency 
        seeking a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Secretary determines to be essential to ensure 
                compliance with the requirements of this section.
    (d) Definitions.--In this section:
            (1) Eligible law enforcement agency.--The term ``eligible 
        law enforcement agency'' means a tribal, State, or local law 
        enforcement agency located in a county that--
                    (A) is not farther than 100 miles from a United 
                States border with--
                            (i) Canada; or
                            (ii) Mexico; or
                    (B) has been certified by the Secretary as a High 
                Impact Area.
            (2) High impact area.--The term ``High Impact Area'' means 
        any county designated by the Secretary as such, taking into 
        consideration--
                    (A) whether local law enforcement agencies in that 
                county have the resources to protect the lives, 
                property, safety, or welfare of the residents of that 
                county;
                    (B) the relationship between any lack of security 
                along the United States border and the rise, if any, of 
                criminal activity in that county; and
                    (C) any other unique challenges that local law 
                enforcement face due to a lack of security along the 
                United States border.
    (e) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $250,000,000 for each of that fiscal years 2008 through 2012 to 
        carry out the provisions of this section.
            (2) Division of authorized funds.--Of the amounts 
        appropriated pursuant to paragraph (1)--
                    (A) \2/3\ shall be set aside for eligible law 
                enforcement agencies located in the 6 States with the 
                largest number of undocumented alien apprehensions; and
                    (B) \1/3\ shall be set aside for areas designated 
                as a High Impact Area under subsection (d).
    (f) Supplement Not Supplant.--Amounts appropriated for grants under 
this section shall be used to supplement and not to supplant other 
State and local public funds obligated for the purposes provided under 
this title.

SEC. 128. COMBATING HUMAN SMUGGLING.

    (a) Requirement for Plan.--The Secretary shall develop and 
implement a plan to improve coordination between the United States 
Immigration and Customs Enforcement and the United States Customs and 
Border Protection of the Department and any other Federal, State, 
local, or tribal authorities, as determined appropriate by the 
Secretary, to improve coordination efforts to combat human smuggling.
    (b) Content.--In developing the plan required by subsection (a), 
the Secretary shall consider--
            (1) the interoperability of databases utilized to prevent 
        human smuggling;
            (2) adequate and effective personnel training;
            (3) methods and programs to effectively target networks 
        that engage in such smuggling;
            (4) effective utilization of--
                    (A) visas for victims of trafficking and other 
                crimes; and
                    (B) investigatory techniques, equipment, and 
                procedures that prevent, detect, and prosecute 
                international money laundering and other operations 
                that are utilized in smuggling;
            (5) joint measures, with the Secretary of State, to enhance 
        intelligence sharing and cooperation with foreign governments 
        whose citizens are preyed on by human smugglers; and
            (6) other measures that the Secretary considers appropriate 
        to combating human smuggling.
    (c) Report.--Not later than 1 year after implementing the plan 
described in subsection (a), the Secretary shall submit to Congress a 
report on such plan, including any recommendations for legislative 
action to improve efforts to combating human smuggling.
    (d) Savings Provision.--Nothing in this section may be construed to 
provide additional authority to any State or local entity to enforce 
Federal immigration laws.

SEC. 129. INCREASE OF FEDERAL DETENTION SPACE AND THE UTILIZATION OF 
              FACILITIES IDENTIFIED FOR CLOSURES AS A RESULT OF THE 
              DEFENSE BASE CLOSURE REALIGNMENT ACT OF 1990.

    (a) Construction or Acquisition of Detention Facilities.--In 
addition to existing facilities for the detention of aliens, the 
Secretary, subject to available appropriations, shall construct or 
acquire not fewer than 20 detention facilities in the United States 
that have the capacity to detain a combined total of not fewer than 
45,000 individuals at any time for aliens detained pending removal or a 
decision on removal of such aliens from the United States.
    (b) Construction or Acquisition of Detention Facilities.--
            (1) Requirement to construct or acquire.--Subject to 
        available appropriations, the Secretary shall construct or 
        acquire additional detention facilities in the United States to 
        accommodate the detention beds required under section 5204(a) 
        of the Intelligence Reform and Terrorism Protection Act of 2004 
        (Public Law 108-458; 118 Stat. 3734).
            (2) Use of alternate detention facilities.--Subject to the 
        availability of appropriations, the Secretary shall fully 
        utilize all possible options to cost effectively increase 
        available detention capacities, and shall utilize detention 
        facilities that are owned and operated by the Federal 
        Government if the use of such facilities is cost effective.
            (3) Use of installations under base closure laws.--In 
        acquiring additional detention facilities under this 
        subsection, the Secretary shall consider the transfer of 
        appropriate portions of military installations approved for 
        closure or realignment under the Defense Base Closure and 
        Realignment Act of 1990 (10 U.S.C. 2687 note) for use in 
        accordance with subsection (a).
            (4) Determination of location.--The location of any 
        detention facility constructed or acquired in accordance with 
        this subsection shall be determined, with the concurrence of 
        the Secretary, by the senior officer responsible for Detention 
        and Removal Operations in the Department. The detention 
        facilities shall be located so as to enable the officers and 
        employees of the Department to increase to the maximum extent 
        practicable the annual rate and level of removals of illegal 
        aliens from the United States.
    (c) Annual Report to Congress.--Not later than 1 year after the 
date of the enactment of this Act, and annually thereafter, in 
consultation with the heads of other appropriate Federal agencies, the 
Secretary shall submit to Congress an assessment of the additional 
detention facilities and bed space needed to detain unlawful aliens 
apprehended at the United States ports of entry or along the 
international land borders of the United States.
    (d) Technical and Conforming Amendment.--Section 241(g)(1) (8 
U.S.C. 1231(g)(1)) is amended by striking ``may expend'' and inserting 
``shall expend''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 130. NORTHERN BORDER PROSECUTION REIMBURSEMENT.

    (a) Short Title.--This section may be cited as the ``Northern 
Border Prosecution Initiative Reimbursement Act''.
    (b) Northern Border Prosecution Initiative.--
            (1) Initiative required.--From amounts made available to 
        carry out this section, the Attorney General, acting through 
        the Director of the Bureau of Justice Assistance of the Office 
        of Justice Programs, shall carry out a program, to be known as 
        the Northern Border Prosecution Initiative, to provide funds to 
        reimburse eligible northern border entities for costs incurred 
        by those entities for handling case dispositions of criminal 
        cases that are federally initiated but federally declined-
        referred. This program shall be modeled after the Southwestern 
        Border Prosecution Initiative and shall serve as a partner 
        program to that initiative to reimburse local jurisdictions for 
        processing Federal cases.
            (2) Provision and allocation of funds.--Funds provided 
        under the program shall be provided in the form of direct 
        reimbursements and shall be allocated in a manner consistent 
        with the manner under which funds are allocated under the 
        Southwestern Border Prosecution Initiative.
            (3) Use of funds.--Funds provided to an eligible northern 
        border entity may be used by the entity for any lawful purpose, 
        including--
                    (A) prosecution and related costs;
                    (B) court costs;
                    (C) costs of courtroom technology;
                    (D) costs of constructing holding spaces;
                    (E) costs of administrative staff; and
                    (F) detention costs, including pre-trial and post-
                trial detention.
            (4) Definitions.--In this section:
                    (A) Case disposition.--The term ``case 
                disposition'', for purposes of the Northern Border 
                Prosecution Initiative--
                            (i) refers to the time between a suspect's 
                        arrest and the resolution of the criminal 
                        charges through a county or State judicial or 
                        prosecutorial process; and
                            (ii) does not include incarceration time 
                        for sentenced offenders, or time spent by 
                        prosecutors on judicial appeals.
                    (B) Eligible northern border entity.--The term 
                ``eligible northern border entity'' means--
                            (i) Alaska, Idaho, Maine, Michigan, 
                        Minnesota, Montana, New Hampshire, New York, 
                        North Dakota, Ohio, Pennsylvania, Vermont, 
                        Washington, and Wisconsin; or
                            (ii) any unit of local government within a 
                        State referred to in clause (i).
                    (C) Federally declined-referred.--The term 
                ``federally declined-referred''--
                            (i) means, with respect to a criminal case, 
                        that a decision has been made in that case by a 
                        United States Attorney or a Federal law 
                        enforcement agency during a Federal 
                        investigation to no longer pursue Federal 
                        criminal charges against a defendant and to 
                        refer the investigation to a State or local 
                        jurisdiction for possible prosecution; and
                            (ii) includes a decision made on an 
                        individualized case-by-case basis and a 
                        decision made pursuant to a general policy or 
                        practice or prosecutorial discretion.
                    (D) Federally initiated.--The term ``federally 
                initiated'' means, with respect to a criminal case, 
                that the case results from a criminal investigation or 
                an arrest involving Federal law enforcement authorities 
                for a potential violation of Federal criminal law, 
                including investigations resulting from multi-
                jurisdictional task forces.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $28,000,000 for fiscal year 2008; and
            (2) such sums as may be necessary for each succeeding 
        fiscal year.

SEC. 131. LIMITATION ON LANDOWNER'S LIABILITY.

    Section 287 (8 U.S.C. 1357) is amended by adding at the end the 
following:
    ``(i) Indemnity for Actions of Law Enforcement Officers.--
            ``(1) In general.--Notwithstanding any other provision of 
        law and subject to appropriations, an owner of land located 
        within 100 miles of the international land border of the United 
        States may seek reimbursement from the Department of Homeland 
        Security for any adverse final tort judgment for negligence 
        (excluding attorneys' fees and costs) authorized under the 
        Federal or State tort law, arising directly from such border 
        security activity if--
                    ``(A) such owner has been found negligent by a 
                Federal or State court in any tort litigation;
                    ``(B) such owner has not already been reimbursed 
                for the final tort judgment, including outstanding 
                attorney's fees and costs;
                    ``(C) such owner did not have or does not have 
                sufficient property insurance to cover the judgment and 
                have had an insurance claim for such coverage denied; 
                and
                    ``(D) such tort action was brought as a direct 
                result of activity of law enforcement officers of the 
                Department of Homeland Security, acting in their 
                official capacity, on the owner's land.
            ``(2) Definitions.--In this subsection--
                    ``(A) the term `land' includes roads, water, 
                watercourses, and private ways, and buildings, 
                structures, machinery and equipment that is attached to 
                real property; and
                    ``(B) the term `owner' includes the possessor of a 
                fee interest, a tenant, lessee, occupant, the possessor 
                of any other interest in land, or any person having a 
                right to grant permission to use the land.
            ``(3) Exceptions.--Nothing in this subsection may be 
        construed to limit landowner liability which would otherwise 
        exist for--
                    ``(A) willful or malicious failure to guard or warn 
                against a known dangerous condition, use, structure, or 
                activity likely to cause harm;
                    ``(B) maintaining an attractive nuisance;
                    ``(C) gross negligence; or
                    ``(D) direct interference with, or hindrance of, 
                any agent or officer of the Federal Government who is 
                authorized to enforce the immigration laws of the 
                United States during--
                            ``(i) a patrol of such landowner's land; or
                            ``(ii) any action taken to apprehend or 
                        detain any alien attempting to enter the United 
                        States illegally or evade execution of an 
                        arrest warrant for a violation of any 
                        immigration law.
            ``(4) Savings provision.--Nothing in this subsection may be 
        construed to affect any right or remedy available pursuant to 
        the Federal Tort Claims Act.''.

                     TITLE II--INTERIOR ENFORCEMENT

                 Subtitle A--Interior Security Measures

SEC. 201. ADDITIONAL IMMIGRATION PERSONNEL.

    (a) Department of Homeland Security.--
            (1) Trial attorneys.--In each of the fiscal years 2008 
        through 2012, the Secretary, subject to the availability of 
        appropriations for such purpose, shall increase the number of 
        positions for attorneys in the Office of General Counsel of the 
        Department who represent the Department in immigration matters 
        in removal proceedings before immigration judges and in Federal 
        district courts or circuit courts of appeals as Special 
        Assistant United States Attorneys by not fewer than 100 
        compared to the number of such positions for which funds were 
        made available during the preceding fiscal year.
            (2) Attorney advisors.--In each of the fiscal years 2008 
        through 2012, the Secretary, subject to the availability of 
        appropriations for such purpose, shall increase the number of 
        positions for attorneys in the Office of the Chief Counsel of 
        United States Citizenship and Immigration Services who advise 
        and provide litigation support to components of United States 
        Citizenship and Immigration Services, the Office of Immigration 
        Litigation of the Department of Justice, and United States 
        Attorney offices, on litigation involving the adjudication of 
        immigration benefits under the Immigration and Nationality Act 
        (8 U.S.C. 1101 et. seq.) or other matters involving United 
        States Citizenship and Immigration Services, by not less than 
        100 compared to the number of such positions for which funds 
        were made available during the preceding fiscal year.
            (3) USCIS adjudicators.--In each of the fiscal years 2008 
        through 2012, the Secretary, subject to the availability of 
        appropriations for such purpose, shall increase the number of 
        positions for adjudicators in the United States Citizenship and 
        Immigration Service by not fewer than 100 compared to the 
        number of such positions for which funds were made available 
        during the preceding fiscal year.
            (4) Forensics document laboratory personnel.--In each of 
        the fiscal years 2008 through 2012, the Secretary, subject to 
        the availability of appropriations for such purpose, shall 
        increase the number of positions for forensic auditors in the 
        Forensic Document Laboratory of the United States Immigration 
        and Customs Enforcement by not fewer than 25 compared to the 
        number of such positions for which funds were made available 
        during the preceding fiscal year.
            (5) Increase in full-time ice and cis personnel.--In each 
        of the fiscal years 2008 through 2012, the Secretary, subject 
        to the availability of appropriations, shall increase by not 
        fewer than 2,000 the number of positions for full-time active 
        duty intelligence research specialists, agents, officers, and 
        investigators in United States Immigration and Customs 
        Enforcement and the Fraud Detection and National Security 
        Division of United States Citizenship and Immigration 
        Services--
                    (A) to carry out the removal of aliens who are not 
                admissible to, or are subject to removal from, the 
                United States;
                    (B) to investigate immigration fraud; and
                    (C) to enforce workplace violations.
            (6) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary for each of the fiscal 
        years 2008 through 2012 such sums as may be necessary to carry 
        out paragraphs (1) through (5).
            (7) Conforming amendment.--Section 5203 of the Intelligence 
        Reform and Terrorism Protection Act of 2004 (Public Law 108-
        458; 118 Stat. 3734) is repealed.
    (b) Department of Justice.--
            (1) Litigation attorneys.--In each of the fiscal years 2008 
        through 2012, the Attorney General, subject to the availability 
        of appropriations for such purpose, shall increase the number 
        of positions for attorneys in the Office of Immigration 
        Litigation by not fewer than 50 compared to the number of such 
        positions for which funds were made available during the 
        preceding fiscal year.
            (2) United states attorneys.--In each of the fiscal years 
        2008 through 2012, the Attorney General, subject to the 
        availability of appropriations for such purpose, shall increase 
        the number of attorneys in the United States Attorneys' office 
        assigned to litigate and prosecute immigration cases in the 
        Federal courts by not fewer than 100 compared to the number of 
        such positions for which funds were made available during the 
        preceding fiscal year.
            (3) Criminal division attorneys.--The Attorney General 
        shall increase the number of attorneys in the Criminal Division 
        assigned to prosecute immigration cases in the Federal courts, 
        as appropriate.
            (4) Judicial clerks.--The Attorney General, subject to the 
        availability of appropriations for such purpose, shall appoint 
        necessary law clerks for immigration judges and Board of 
        Immigration Appeals members of not fewer than 1 per judge and 
        member. A law clerk appointed under this section shall be 
        exempt from the provisions of subchapter I of chapter 63 of 
        title 5, United States Code.
            (5) Immigration judges.--In each of the fiscal years 2008 
        through 2012, the Attorney General, subject to the availability 
        of appropriations for such purpose, shall--
                    (A) increase by not fewer than 20 the number of 
                full-time immigration judges compared to the number of 
                such positions for which funds were made available 
                during the preceding fiscal year; and
                    (B) increase by not fewer than 80 the number of 
                positions for personnel to support the immigration 
                judges described in subparagraph (A) compared to the 
                number of such positions for which funds were made 
                available during the preceding fiscal year.
            (6) Staff attorneys.--In each of the fiscal years 2008 
        through 2012, the Attorney General, subject to the availability 
        of appropriations for such purpose, shall--
                    (A) increase the number of positions for full-time 
                staff attorneys in the Board of Immigration Appeals by 
                not fewer than 20 compared to the number of such 
                positions for which funds were made available during 
                the preceding fiscal year; and
                    (B) increase the number of positions for personnel 
                to support the staff attorneys described in 
                subparagraph (A) by not fewer than 10 compared to the 
                number of such positions for which funds were made 
                available during the preceding fiscal year.
            (7) Authorization of appropriations.--There are authorized 
        to be appropriated to the Attorney General for each of the 
        fiscal years 2008 through 2012 such sums as may be necessary to 
        carry out this subsection, including the hiring of necessary 
        support staff.
    (c) Administrative Office of the United States Courts.--In each of 
the fiscal years 2008 through 2012, the Director of the Administrative 
Office of the United States Courts, subject to the availability of 
appropriations, shall increase the number of attorneys in the Federal 
Defenders Program who litigate criminal immigration cases in the 
Federal courts by not fewer than 50 compared to the number of such 
positions for which funds were made available during the preceding 
fiscal year.
    (d) District Judges for the District Courts in Border States.--
            (1) In general.--The President shall appoint, by and with 
        the advice and consent of the Senate--
                    (A) 4 additional district judges for the district 
                of Arizona;
                    (B) 4 additional district judges for the central 
                district of California;
                    (C) 4 additional district judges for the eastern of 
                California;
                    (D) 2 additional district judges for the northern 
                district of California;
                    (E) 4 additional district judges for the middle 
                district of Florida;
                    (F) 2 additional district judges for the southern 
                district of Florida;
                    (G) 1 additional district judge for the district of 
                Minnesota;
                    (H) 1 additional district judge for the district of 
                New Mexico;
                    (I) 3 additional district judges for the eastern 
                district of New York;
                    (J) 1 additional district judge for the western 
                district of New York;
                    (K) 1 additional district judge for the eastern 
                district of Texas;
                    (L) 2 additional district judges for the southern 
                district of Texas;
                    (M) 1 additional district judge for the western 
                district of Texas; and
                    (N) 1 additional district judge for the western 
                district of Washington.
            (2) Temporary judgeships.--The President shall appoint, by 
        and with the advice and consent of the Senate--
                    (A) 1 additional district judge for the district of 
                Arizona;
                    (B) 1 additional district judge for the central 
                district of California;
                    (C) 1 additional district judge for the northern 
                district of California;
                    (D) 1 additional district judge for the middle 
                district of Florida;
                    (E) 1 additional district judge for the southern 
                district of Florida;
                    (F) 1 additional district judge for the district of 
                Idaho; and
                    (G) 1 additional district judge for the district of 
                New Mexico.
            (3) Vacancies.--For each of the judicial districts named in 
        paragraph (2), the first vacancy arising on the district court 
        10 years or more after a judge is first confirmed to fill the 
        temporary district judgeship created in that district by 
        paragraph (2) shall not be filled.
            (4) Existing judgeships.--The existing judgeships for the 
        district of Arizona and the district of New Mexico authorized 
        by section 312(c) of the 21st Century Department of Justice 
        Appropriations Authorization Act (Public Law 107-273, 116 Stat. 
        1758), as of the effective date of this Act, shall be 
        authorized under section 133 of title 28, United States Code, 
        and the incumbents in those offices shall hold the office under 
        section 133 of title 28, United States Code, as amended by this 
        Act.
            (5) Tables.--The table contained in section 133 of title 
        28, United States Code, is amended to read as follows:


 
                           ``Districts                            Judges
 
Alabama:........................................................
  Northern......................................................       7
  Middle........................................................       3
  Southern......................................................       3
Alaska..........................................................       3
Arizona.........................................................      17
Arkansas:.......................................................
  Eastern.......................................................       5
  Western.......................................................       3
California:.....................................................
  Northern......................................................      16
  Eastern.......................................................      10
  Central.......................................................      31
  Southern......................................................      13
Colorado........................................................       7
Connecticut.....................................................       8
Delaware........................................................       4
District of Columbia............................................      15
Florida:........................................................
  Northern......................................................       4
  Middle........................................................      19
  Southern......................................................      19
Georgia:........................................................
  Northern......................................................      11
  Middle........................................................       4
  Southern......................................................       3
Hawaii..........................................................       3
Idaho...........................................................       2
Illinois:.......................................................
  Northern......................................................      22
  Central.......................................................       4
  Southern......................................................       4
Indiana:........................................................
  Northern......................................................       5
  Southern......................................................       5
Iowa:...........................................................
  Northern......................................................       2
  Southern......................................................       3
Kansas..........................................................       5
Kentucky:.......................................................
  Eastern.......................................................       5
  Western.......................................................       4
  Eastern and Western...........................................       1
Louisiana:......................................................
  Eastern.......................................................      12
  Middle........................................................       3
  Western.......................................................       7
Maine...........................................................       3
Maryland........................................................      10
Massachusetts...................................................      13
Michigan:.......................................................
  Eastern.......................................................      15
  Western.......................................................       4
Minnesota.......................................................       8
Mississippi:....................................................
  Northern......................................................       3
  Southern......................................................       6
Missouri:.......................................................
  Eastern.......................................................       6
  Western.......................................................       5
  Eastern and Western...........................................       2
Montana.........................................................       3
Nebraska........................................................       3
Nevada..........................................................       7
New Hampshire...................................................       3
New Jersey......................................................      17
New Mexico......................................................       8
New York:.......................................................
  Northern......................................................       5
  Southern......................................................      28
  Eastern.......................................................      18
  Western.......................................................       5
North Carolina:.................................................
  Eastern.......................................................       4
  Middle........................................................       4
  Western.......................................................       4
North Dakota....................................................       2
Ohio:...........................................................
  Northern......................................................      11
  Southern......................................................       8
Oklahoma:.......................................................
  Northern......................................................       3
  Eastern.......................................................       1
  Western.......................................................       6
  Northern, Eastern, and Western................................       1
Oregon..........................................................       6
Pennsylvania:...................................................
  Eastern.......................................................      22
  Middle........................................................       6
  Western.......................................................      10
Puerto Rico.....................................................       7
Rhode Island....................................................       3
South Carolina..................................................      10
South Dakota....................................................       3
Tennessee:......................................................
  Eastern.......................................................       5
  Middle........................................................       4
  Western.......................................................       5
Texas:..........................................................
  Northern......................................................      12
  Southern......................................................      21
  Eastern.......................................................       8
  Western.......................................................      14
Utah............................................................       5
Vermont.........................................................       2
Virginia:.......................................................
  Eastern.......................................................      11
  Western.......................................................       4
Washington:.....................................................
  Eastern.......................................................       4
  Western.......................................................       8
West Virginia:..................................................
  Northern......................................................       3
  Southern......................................................       5
Wisconsin:......................................................
  Eastern.......................................................       5
  Western.......................................................       2
Wyoming.........................................................   3.''.
 

    (e) Legal Orientation Program.--
            (1) Continued operation.--The Director of the Executive 
        Office for Immigration Review shall continue to operate a legal 
        orientation program to provide basic information about 
        immigration court procedures for immigration detainees and 
        shall expand the legal orientation program to provide such 
        information on a nationwide basis.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as may be necessary to carry out 
        the legal orientation program authorized under paragraph (1).

SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED OR ALIENS WHO 
              OVERSTAY.

    (a) In General.--Section 241(a) (8 U.S.C. 1231(a)) is amended--
            (1) by striking ``Attorney General'' each place it appears, 
        except for the first reference in paragraph (4)(B)(i), and 
        inserting ``Secretary of Homeland Security'';
            (2) in paragraph (1)--
                    (A) by amending clause (ii) of subparagraph (B) to 
                read as follows:
                            ``(ii) If a court, the Board of Immigration 
                        Appeals, or an immigration judge orders a stay 
                        of the removal of the alien, the date the stay 
                        of removal is no longer in effect.'';
                    (B) by adding at the end of subparagraph (B), the 
                following: ``If, at the beginning of the removal 
                period, as determined under this subparagraph, the 
                alien is not in the custody of the Secretary of 
                Homeland Security (under the authority of this Act), 
                the Secretary shall take the alien into custody for 
                removal, and the removal period shall not begin until 
                the alien is taken into such custody. If the Secretary 
                transfers custody of the alien during the removal 
                period pursuant to law to another Federal agency or a 
                State or local government agency in connection with the 
                official duties of such agency, the removal period 
                shall be tolled, and shall begin anew on the date of 
                the alien's return to the custody of the Secretary 
                subject to clause (ii).''; and
                    (C) by amending subparagraph (C) to read as 
                follows:
                    ``(C) Suspension of period.--The removal period 
                shall be extended beyond a period of 90 days and the 
                alien may remain in detention during such extended 
                period if the alien--
                            ``(i) fails or refuses to make all 
                        reasonable efforts to comply with the removal 
                        order, or to fully cooperate with the efforts 
                        of the Secretary to establish the identity of 
                        the alien and carry out the removal order, 
                        including making timely application in good 
                        faith for travel or other documents necessary 
                        to the departure of the alien; or
                            ``(ii) conspires or acts to prevent the 
                        alien's removal.'';
            (3) in paragraph (2)--
                    (A) by striking ``During'' and inserting the 
                following:
                    ``(A) In general.--During''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(B) Effect of stay of removal.--If a court, the 
                Board of Immigration Appeals, or an immigration judge 
                orders a stay of removal of an alien who is subject to 
                an administratively final order of removal, the 
                Secretary of Homeland Security in the exercise of 
                discretion may detain the alien during the pendency of 
                such stay of removal.'';
            (4) in paragraph (3), by amending subparagraph (D) to read 
        as follows:
                    ``(D) to obey reasonable restrictions on the 
                alien's conduct or activities or to perform affirmative 
                acts that the Secretary of Homeland Security prescribes 
                for the alien, in order to prevent the alien from 
                absconding, for the protection of the community, or for 
                other purposes related to the enforcement of the 
                immigration laws.'';
            (5) in paragraph (6), by striking ``removal period and, if 
        released,'' and inserting ``removal period, in the discretion 
        of the Secretary of Homeland Security, without any limitations 
        other than those specified in this section, until the alien is 
        removed. If the alien is released, the alien'';
            (6) by redesignating paragraph (7) as paragraph (10); and
            (7) by inserting after paragraph (6) the following:
            ``(7) Parole.--If an alien detained pursuant to paragraph 
        (6) is an applicant for admission, the Secretary of Homeland 
        Security, in the Secretary's discretion, may parole the alien 
        under section 212(d)(5) and may provide, notwithstanding 
        section 212(d)(5), that the alien shall not be returned to 
        custody unless either the alien violates the conditions of the 
        parole or the removal of the alien becomes reasonably 
        foreseeable. In no circumstance shall such alien be considered 
        admitted.
            ``(8) Additional rules for detention or release of certain 
        aliens who have made an entry.--The following procedures apply 
        only to an alien who has effected an entry into the United 
        States and do not apply to any other alien detained pursuant to 
        paragraph (6):
                    ``(A) Establishment of a detention review process 
                for aliens who fully cooperate with removal.--For an 
                alien who has made all reasonable efforts to comply 
                with a removal order and to cooperate fully with the 
                Secretary of Homeland Security's efforts to establish 
                the alien's identity and carry out the removal order, 
                including making timely application in good faith for 
                travel or other documents necessary to the alien's 
                departure, and has not conspired or acted to prevent 
                removal, the Secretary of Homeland Security shall 
                establish an administrative review process to determine 
                whether an alien will be detained or released on 
                conditions. The Secretary shall make a determination 
                whether to release an alien after the removal period in 
                accordance with paragraph (1)(B). The determination 
                shall include consideration of any evidence submitted 
                by the alien, and may include consideration of any 
                other evidence, including any information or assistance 
                provided by the Department of State or other Federal 
                agency and any other information available to the 
                Secretary pertaining to the ability to remove the 
                alien.
                    ``(B) Additional 90-day period.--The Secretary of 
                Homeland Security, in the exercise of discretion, 
                without any limitations other than those specified in 
                this section, may continue to detain an alien for 90 
                days beyond the removal period (including any extension 
                of the removal period as provided in paragraph (1)(D)).
                    ``(C) Further detention.--The Secretary of Homeland 
                Security, in the exercise of discretion, without any 
                limitations other than those specified in this section, 
                may continue to detain an alien beyond the removal 
                period and the 90-day period authorized by subparagraph 
                (B)--
                            ``(i) until the alien is removed, if the 
                        Secretary determines that there is a 
                        significant likelihood that the alien--
                                    ``(I) will be removed in the 
                                reasonably foreseeable future; or
                                    ``(II) would be removed in the 
                                reasonably foreseeable future, or would 
                                have been removed, but for the failure 
                                or refusal of the alien to make all 
                                reasonable efforts to comply with the 
                                removal order, or to cooperate fully 
                                with the efforts of the Secretary to 
                                establish the identity of the alien and 
                                to carry out the removal order, 
                                including making timely application in 
                                good faith for travel or other 
                                documents necessary to the departure of 
                                the alien, or conspiracies or acts to 
                                prevent the alien's removal;
                            ``(ii) until the alien is removed, if the 
                        Secretary certifies in writing--
                                    ``(I) in consultation with the 
                                Secretary of Health and Human Services, 
                                that the alien has a highly contagious 
                                disease that poses a threat to public 
                                safety;
                                    ``(II) after receipt of a written 
                                recommendation from the Secretary of 
                                State, that release of the alien is 
                                likely to have serious adverse foreign 
                                policy consequences for the United 
                                States;
                                    ``(III) based on information 
                                available to the Secretary of Homeland 
                                Security (including classified, 
                                sensitive, or national security 
                                information, and without regard to the 
                                grounds upon which the alien was 
                                ordered removed), that there is reason 
                                to believe that the release of the 
                                alien would threaten the national 
                                security of the United States; or
                                    ``(IV) that the release of the 
                                alien will threaten the safety of the 
                                community or any person, conditions of 
                                release cannot reasonably be expected 
                                to ensure the safety of the community 
                                or any person, and--
                                            ``(aa) the alien has been 
                                        convicted of one or more 
                                        aggravated felonies as defined 
                                        in section 101(a)(43)(A), one 
                                        or more crimes identified by 
                                        the Secretary of Homeland 
                                        Security by regulation, or one 
                                        or more attempts or 
                                        conspiracies to commit any such 
                                        aggravated felonies or such 
                                        identified crimes, provided 
                                        that the aggregate term of 
                                        imprisonment for such attempts 
                                        or conspiracies is at least 5 
                                        years; or
                                            ``(bb) the alien has 
                                        committed one or more crimes of 
                                        violence (as defined in section 
                                        16 of title 18, United States 
                                        Code, but not including a 
                                        purely political offense) and, 
                                        because of a mental condition 
                                        or personality disorder and 
                                        behavior associated with that 
                                        condition or disorder, the 
                                        alien is likely to engage in 
                                        acts of violence in the future; 
                                        or
                                    ``(V) that the release of the alien 
                                will threaten the safety of the 
                                community or any person, conditions of 
                                release cannot reasonably be expected 
                                to ensure the safety of the community 
                                or any person, and the alien has been 
                                convicted of at least one aggravated 
                                felony as defined in section 
                                101(a)(43); or
                            ``(iii) pending a certification under 
                        clause (ii), if the Secretary has initiated the 
                        administrative review process under 
                        subparagraph (C) not later than 30 days after 
                        the expiration of the alien's removal period 
                        (including any extension of the removal period 
                        as provided in paragraph (1)(D)).
                    ``(D) Renewal and delegation of certification.--
                            ``(i) Renewal.--The Secretary of Homeland 
                        Security may renew a certification under 
                        subparagraph (C)(ii) every 180 days without 
                        limitation, after providing an opportunity for 
                        the alien to request reconsideration of the 
                        certification and to submit documents or other 
                        evidence in support of that request. If the 
                        Secretary does not renew such a certification, 
                        the Secretary may not continue to detain the 
                        alien under subparagraph (C)(ii).
                            ``(ii) Delegation.--Notwithstanding section 
                        103, the Secretary of Homeland Security may not 
                        delegate the authority to make or renew a 
                        certification described in subclause (II), 
                        (III), or (V) of subparagraph (C)(ii) to an 
                        official below the level of the Assistant 
                        Secretary for Immigration and Customs 
                        Enforcement.
                            ``(iii) Hearing.--The Secretary of Homeland 
                        Security may request that the Attorney General, 
                        or a designee of the Attorney General, provide 
                        for a hearing to make the determination 
                        described in item (bb) of subparagraph 
                        (C)(ii)(IV).
                    ``(E) Release on conditions.--If it is determined 
                that an alien should be released from detention under 
                this paragraph, the Secretary of Homeland Security, in 
                the exercise of discretion, may impose conditions on 
                release as provided in paragraph (3).
                    ``(F) Redetention.--
                            ``(i) In general.--The Secretary of 
                        Homeland Security, in the exercise of 
                        discretion, without any limitations other than 
                        those specified in this section, may again 
                        detain any alien subject to a final removal 
                        order who is released from custody if--
                                    ``(I) the alien fails to comply 
                                with the conditions of release;
                                    ``(II) the alien fails to continue 
                                to satisfy the conditions described in 
                                subparagraph (A); or
                                    ``(III) upon reconsideration, the 
                                Secretary determines that the alien may 
                                be detained under subparagraph (B) or 
                                (C).
                            ``(ii) Applicability of custody 
                        provisions.--This paragraph and paragraph (6) 
                        shall apply to any alien returned to custody 
                        pursuant to this subparagraph, as if the 
                        removal period terminated on the day that the 
                        alien was so returned to custody.
                    ``(G) Certain aliens who effected entry.--The 
                Secretary of Homeland Security may waive the provisions 
                of subparagraph (A) through (F) and detain an alien 
                without any limitations, except those which the 
                Secretary shall adopt by regulation, if--
                            ``(i) the alien has effected an entry;
                            ``(ii) the alien has not been lawfully 
                        admitted into the United States; and
                            ``(iii) the alien has not been physically 
                        present in the United States continuously for 
                        the 2-year period immediately prior to the 
                        commencement of removal proceedings under this 
                        Act or deportation proceedings against the 
                        alien.
            ``(9) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision pursuant 
        to paragraph (6), (7), or (8) shall be available exclusively in 
        a habeas corpus proceeding instituted in the United States 
        District Court for the District of Columbia, and only if the 
        alien has exhausted all administrative remedies available to 
        the alien as of right.''.
    (b) Detention of Aliens During Removal Proceedings.--
            (1) In general.--Section 235 (8 U.S.C. 1225) is amended by 
        adding at the end the following:
    ``(e) Length of Detention.--
            ``(1) In general.--An alien may be detained under this 
        section, without limitation, until the alien is subject to an 
        administratively final order of removal.
            ``(2) Effect on detention under section 241.--The length of 
        detention under this section shall not affect the validity of 
        any detention under section 241.
            ``(3) Judicial review.--Without regard to the place of 
        confinement, judicial review of any action or decision made 
        pursuant to paragraph (1) or (2) shall be available exclusively 
        in a habeas corpus proceeding instituted in the United States 
        District Court for the District of Columbia and only if the 
        alien has exhausted all administrative remedies available to 
        the alien as of right.''.
            (2) Conforming amendments.--Section 236 (8 U.S.C. 1226) is 
        amended--
                    (A) in subsection (e)--
                            (i) by striking ``The'' and inserting the 
                        following:
            ``(1) In general.--The''; and
                            (ii) by adding at the end the following new 
                        paragraph:
            ``(2) Limitation on review.--Without regard to the place of 
        confinement, judicial review of any action or decision made 
        pursuant to subsection (f) shall be available exclusively in a 
        habeas corpus proceeding instituted in the United States 
        District Court for the District of Columbia, and only if the 
        alien has exhausted all administrative remedies (statutory and 
        nonstatutory) available to the alien as of right.''; and
                    (B) by adding at the end the following:
    ``(f) Length of Detention.--
            ``(1) In general.--With regard to the length of detention, 
        an alien may be detained under this section, without 
        limitation, until the alien is subject to an administratively 
        final order of removal.
            ``(2) Effect on detention under section 241.--The length of 
        detention under this section shall not affect the validity of 
        any detention under section 241.''.
    (c) Effective Dates.--
            (1) Amendments made by subsection (a).--The amendments made 
        by subsection (a) shall take effect on the date of the 
        enactment of this Act, and section 241 of the Immigration and 
        Nationality Act, as amended, shall apply to--
                    (A) all aliens subject to a final administrative 
                removal, deportation, or exclusion order that was 
                issued before, on, or after the date of the enactment 
                of this Act; and
                    (B) acts and conditions occurring or existing 
                before, on, or after the date of the enactment of this 
                Act.
            (2) Amendments made by subsection (b).--The amendments made 
        by subsection (b) shall take effect on the date of the 
        enactment of this Act, and sections 235 and 236 of the 
        Immigration and Nationality Act, as amended, shall apply to any 
        alien in detention under provisions of such sections on or 
        after the date of the enactment of this Act.
    (d) Detention of Aliens Who Exceed Authorized Admission Period.--
            (1) Amendment.--Section 236 (8 U.S.C. 1226) is amended--
                    (A) by redesignating subsection (e) as subsection 
                (f); and
                    (B) by inserting after subsection (d) the 
                following:
    ``(e) Detention of Aliens Who Exceed Authorized Admission Period.--
            ``(1) Custody.--An alien shall be arrested and detained by 
        the Secretary of Homeland Security pending a decision on 
        whether the alien is to be removed from the United States if 
        the alien knowingly, or with reason to know, exceeded, by 30 
        days or more, the period of the alien's authorized admission 
        into the United States. An alien shall be deemed to have reason 
        to know that they exceeded the period of authorized admission 
        if--
                    ``(A) the alien's passport is stamped with the 
                expected departure date; or
                    ``(B) the provision of law under which the alien 
                applied for a visa contains a length of time for which 
                the visa may be issued.
            ``(2) Waiver.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may waive the application of paragraph (1) if 
                the Secretary determines that--
                            ``(i) the alien exceeded the alien's period 
                        of authorized admission or parole as a result 
                        of exceptional circumstances beyond the control 
                        of the alien; or
                            ``(ii) a waiver is necessary for 
                        humanitarian purposes.
                    ``(B) Defined term.--In this paragraph, the term 
                `exceptional circumstances' shall have the meaning 
                given such term in section 240(e)(1).''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to all aliens granted or issued a nonimmigrant visa 
        on or after the date of the enactment of this Act.
    (e) Criminal Detention of Aliens.--Section 3142 of title 18, United 
States Code, is amended--
            (1) by amending subsection (e) to read as follows:
    ``(e) Detention.--
            ``(1) In general.--If, after a hearing pursuant to 
        subsection (f), the judicial officer finds that no condition or 
        combination of conditions will reasonably assure the appearance 
        of the person as required and the safety of any other person 
        and the community, such judicial officer shall order the 
        detention of the person before trial.
            ``(2) Effect of recent conviction.--In a case described in 
        subsection (f)(1), a rebuttable presumption arises that no 
        condition or combination of conditions will reasonably assure 
        the safety of any other person and the community if such 
        judicial officer finds that--
                    ``(A) the person has been convicted of a Federal 
                offense that is described in subsection (f)(1), or of a 
                State or local offense that would have been an offense 
                described in subsection (f)(1) if a circumstance giving 
                rise to Federal jurisdiction had existed;
                    ``(B) the offense described in subparagraph (A) was 
                committed while the person was on release pending trial 
                for a Federal, State, or local offense; and
                    ``(C) a period of not more than 5 years has elapsed 
                since the date of conviction, or the release of the 
                person from imprisonment, for the offense described in 
                subparagraph (A), whichever is later.
            ``(3) Effect of serious offenses.--Subject to rebuttal by 
        the person, it shall be presumed that no condition or 
        combination of conditions will reasonably assure the appearance 
        of the person as required and the safety of the community if 
        the judicial officer finds that there is probable cause to 
        believe that the person committed--
                    ``(A) an offense for which a maximum term of 
                imprisonment of 10 years or more is prescribed in the 
                Controlled Substances Act (21 U.S.C. 801 et seq.), the 
                Controlled Substances Import and Export Act (21 U.S.C. 
                951 et seq.), or chapter 705 of title 46;
                    ``(B) an offense under section 924(c), 956(a), or 
                2332b of this title;
                    ``(C) an offense listed in section 2332b(g)(5)(B) 
                of this title for which a maximum term of imprisonment 
                of 10 years or more is prescribed; or
                    ``(D) an offense involving a minor victim under 
                section 1201, 1591, 2241, 2242, 2244(a)(1), 2245, 2251, 
                2251A, 2252(a)(1), 2252(a)(2), 2252(a)(3), 2252A(a)(1), 
                2252A(a)(2), 2252A(a)(3), 2252A(a)(4), 2260, 2421, 
                2422, 2423, or 2425 of this title.
            ``(4) Other presumptions.--Subject to rebuttal by the 
        person, it shall be presumed that no condition or combination 
        of conditions will reasonably assure the appearance of the 
        person as required if the judicial officer finds that there is 
        probable cause to believe that the person is an alien and that 
        the person--
                    ``(A) has no lawful immigration status in the 
                United States;
                    ``(B) is the subject of a final order of removal; 
                or
                    ``(C) has committed a felony offense under section 
                842(i)(5), 911, 922(g)(5), 1015, 1028, 1028A, 1425, or 
                1426 of this title, chapter 75 or 77 of this title, or 
                section 243, 274, 275, 276, 277, or 278 of the 
                Immigration and Nationality Act.''; and
            (2) in subsection (g)(3)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end; and
                    (B) by adding at the end the following:
                    ``(C) the person's immigration status; and''.

SEC. 203. AGGRAVATED FELONY.

    (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 U.S.C. 
1101(a)(43)) is amended--
            (1) by striking ``The term `aggravated felony' means--'' 
        and inserting ``Notwithstanding any other provision of law, the 
        term `aggravated felony' applies to an offense described in 
        this paragraph, whether in violation of Federal or State law, 
        and to such an offense in violation of the law of a foreign 
        country for which the term of imprisonment was completed within 
        the previous 15 years, even if the term of imprisonment for the 
        offense is based on recidivist or other enhancements, and 
        regardless of whether the conviction was entered before, on, or 
        after September 30, 1996, as established by evidence contained 
        in the record of conviction or by evidence extrinsic to the 
        record of conviction (or as a matter of fact), and means--'';
            (2) in subparagraph (A), by striking ``murder, rape, or 
        sexual abuse of a minor''; and inserting ``murder, 
        manslaughter, homicide, rape, or an offense of a sexual nature 
        involving a victim under the age of 18 (whether or not the age 
        of the victim is established by evidence contained in the 
        record of conviction or by evidence extrinsic to the record of 
        conviction) or the failure of an individual to register as a 
        sex offender as required under section 2250 of title 18, United 
        States Code;'';
            (3) by amending subparagraph (F) to read as follows:
                    ``(F)(i) a crime of violence (as defined in section 
                16 of title 18, United States Code, but not including a 
                purely political offense) for which the term of 
                imprisonment is at least 1 year; or
                    ``(ii) a second conviction for driving while 
                intoxicated (including a second conviction for driving 
                while intoxicated or impaired by alcohol or drugs) 
                under Federal or State law, without regard to whether 
                the conviction is classified as a felony or misdemeanor 
                under Federal or State law, for which the term of 
                imprisonment is at least 1 year.'';
            (4) in subparagraph (N), by striking ``paragraph (1)(A) or 
        (2) of'';
            (5) in subparagraph (O), by striking ``section 275(a) or 
        276 committed by an alien who was previously deported on the 
        basis of a conviction for an offense described in another 
        subparagraph of this paragraph'' and inserting ``section 275 or 
        276 for which the term of imprisonment is at least 1 year'';
            (6) in subparagraph (U), by striking ``an attempt or 
        conspiracy to commit an offense described in this paragraph'' 
        and inserting ``attempting or conspiring to commit an offense 
        described in this paragraph, or aiding, abetting, counseling, 
        procuring, commanding, inducing, or soliciting the commission 
        of such an offense''; and
            (7) by striking the undesignated matter following 
        subparagraph (U).
    (b) Definition of Conviction.--Section 101(a)(48) (8 U.S.C. 
1101(a)(48)) is amended by inserting after clause (B) the following:
            ``(C) Any reversal, vacatur, expungement, or modification 
        to a conviction, sentence, or conviction record that was 
        granted to ameliorate the consequences of the conviction, 
        sentence, or conviction record, or was granted for 
        rehabilitative purposes, or for failure to advise the alien of 
        the immigration consequences of a guilty plea or a 
        determination of guilt, shall have no effect on the immigration 
        consequences resulting from the original conviction. The alien 
        shall have the burden of demonstrating that any reversal, 
        vacatur, expungement, or modification was not granted to 
        ameliorate the consequences of the conviction, sentence, or 
        conviction record, for rehabilitative purposes, or for failure 
        to advise the alien of the immigration consequences of a guilty 
        plea or a determination of guilt. Nothing in this paragraph 
        affects the consequences of any reversal, vacatur, expungement, 
        or modification of a conviction for any other reason, including 
        legal error or constitutional defect.''.
    (c) Effective Date and Application.--The amendments made by 
subsection (a) shall take effect on the date of the enactment of this 
Act and shall apply to any act or offense that occurred before, on, or 
after the date of the enactment of this Act.

SEC. 204. INADMISSIBILITY AND DEPORTABILITY OF GANG MEMBERS.

    (a) Definition of Criminal Gang.--Section 101(a) (8 U.S.C. 1101(a)) 
is amended by inserting after paragraph (51) the following:
            ``(52)(A) The term `criminal gang' means an ongoing group, 
        club, organization, or association of 5 or more persons--
                    ``(i) that has, as 1 of its primary purposes, the 
                commission of 1 or more of the criminal offenses 
                described in subparagraph (B); and
                    ``(ii) the members of which engage, or have engaged 
                within the past 5 years, in a continuing series of 
                offenses described in subparagraph (B).
            ``(B) Offenses described in this subparagraph, whether in 
        violation of Federal or State law or in violation of the law of 
        a foreign country, regardless of whether charged, and 
        regardless of whether the conduct occurred before, on, or after 
        the date of the enactment of this paragraph, are--
                    ``(i) a felony drug offense (as defined in section 
                102 of the Controlled Substances Act (21 U.S.C. 802));
                    ``(ii) a felony offense involving firearms or 
                explosives, including a violation of section 924(c), 
                924(h), or 931 of title 18 (relating to purchase, 
                ownership, or possession of body armor by violent 
                felons);
                    ``(iii) an offense under section 274 (relating to 
                bringing in and harboring certain aliens), section 277 
                (relating to aiding or assisting certain aliens to 
                enter the United States), or section 278 (relating to 
                the importation of an alien for immoral purpose);
                    ``(iv) a felony crime of violence (as defined in 
                section 16 of title 18, United States Code);
                    ``(v) a crime involving obstruction of justice; 
                tampering with or retaliating against a witness, 
                victim, or informant; or burglary;
                    ``(vi) any conduct punishable under sections 1028 
                and 1029 of title 18, United States Code (relating to 
                fraud and related activity in connection with 
                identification documents or access devices), sections 
                1581 through 1594 of such title (relating to peonage, 
                slavery and trafficking in persons), section 1952 of 
                such title (relating to interstate and foreign travel 
                or transportation in aid of racketeering enterprises), 
                section 1956 of such title (relating to the laundering 
                of monetary instruments), section 1957 of such title 
                (relating to engaging in monetary transactions in 
                property derived from specified unlawful activity), or 
                sections 2312 through 2315 of such title (relating to 
                interstate transportation of stolen motor vehicles or 
                stolen property); and
                    ``(vii) a conspiracy to commit an offense described 
                in clause (i) through (vi).''.
    (b) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is 
amended by striking subparagraph (F) and inserting the following:
                    ``(F) Aliens associated with criminal gangs.--
                            ``(i) In general.--Any alien whom--
                                    ``(I) a consular officer, the 
                                Attorney General, or the Secretary of 
                                Homeland Security knows or has reason 
                                to believe to be or have been a member 
                                of a criminal gang; or
                                    ``(II) a consular officer, the 
                                Attorney General, or the Secretary of 
                                Homeland Security knows or has reason 
                                to believe to have participated in the 
                                activities of a criminal gang, knowing 
                                or having reason to know that such 
                                activities will promote, further, aid, 
                                or support the illegal activity of the 
                                criminal gang,
                        is inadmissible.
                            ``(ii) Waiver.--The Secretary of Homeland 
                        Security or the Attorney General may waive the 
                        application of subclauses (I) and (II) of 
                        clause (i) for any alien who is the parent, 
                        spouse, or child of a United States citizen and 
                        who establishes that his or her removal from 
                        the United States would result in extreme 
                        hardship to such parent, spouse, or child.''.
    (c) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is 
amended by adding at the end the following:
                    ``(F) Aliens associated with criminal gangs.--
                            ``(i) In general.--Any alien whom--
                                    ``(I) there is reasonable ground to 
                                believe is or has been a member of a 
                                criminal gang; or
                                    ``(II) there is reasonable ground 
                                to believe has participated in the 
                                activities of a criminal gang, knowing 
                                or having reason to know that such 
                                activities will promote, further, aid, 
                                or support the illegal activity of the 
                                criminal gang,
                        is deportable.
                            ``(ii) Waiver.--The Secretary of Homeland 
                        Security or the Attorney General may waive the 
                        application of subclauses (I) and (II) of 
                        clause (i) for any alien who is the parent, 
                        spouse, or child of a United States citizen and 
                        who establishes that his or her removal from 
                        the United States would result in extreme 
                        hardship to such parent, spouse, or child.''.
    (d) Temporary Protected Status.--Section 244 (8 U.S.C. 1254a) is 
amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (c)(2)(B)--
                    (A) in clause (i), by striking ``or'' and inserting 
                a semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
                            ``(iii) the alien participates in, or at 
                        any time after admission has participated in, 
                        knowing or having reason to know that such 
                        participation promoted, furthered, aided, or 
                        supported the illegal activity of the gang, the 
                        activities of a criminal gang; or
                            ``(iv) the alien is a member of a criminal 
                        gang.''; and
            (3) in subsection (d)--
                    (A) in paragraph (2)--
                            (i) by striking ``Subject to paragraph (3), 
                        such'' and inserting ``Such''; and
                            (ii) by striking ``(under paragraph (3))'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (4) as paragraph 
                (3); and
                    (D) in paragraph (3), as redesignated, by adding at 
                the end the following: ``The Secretary of Homeland 
                Security may detain an alien provided temporary 
                protected status under this section whenever 
                appropriate under any other provision.''.
    (e) Effective Date.--Notwithstanding any other provision of this 
Act, the amendments made by subsections (b), (c), and (d) of this 
section shall apply to--
            (1) all aliens required to establish admissibility on or 
        after the date of the enactment of this Act; and
            (2) all aliens in removal, deportation, or exclusion 
        proceedings that are filed, pending, or reopened, on or after 
        such date of enactment.
    (f) Precluding Admissibility of Aliens Convicted of Serious 
Criminal Offenses and Domestic Violence, Stalking, Child Abuse and 
Violation of Protection Orders.--
            (1) Inadmissibility on criminal and related grounds; 
        waivers.--Section 212 (8 U.S.C. 1182) is amended--
                    (A) in subsection (a)(2), by adding at the end the 
                following:
                    ``(J) Crimes of domestic violence, stalking, or 
                violation of protection orders; crimes against 
                children.--
                            ``(i) Domestic violence, stalking, and 
                        child abuse.--
                                    ``(I) In general.--Any alien who is 
                                convicted of, or who admits committing 
                                or having committed acts which 
                                constitute the essential elements of, a 
                                crime of domestic violence, stalking, 
                                child abuse, child neglect, or child 
                                abandonment is inadmissible.
                                    ``(II) Defined term.--In this 
                                clause, the term `crime of domestic 
                                violence' means any crime of violence 
                                (as defined in section 16 of title 18, 
                                United States Code) against a person 
                                committed by a current or former spouse 
                                of the person, by an individual with 
                                whom the person shares a child in 
                                common, by an individual who is 
                                cohabiting with or has cohabited with 
                                the person as a spouse, by an 
                                individual similarly situated to a 
                                spouse of the person under the domestic 
                                or family violence laws of the 
                                jurisdiction where the offense occurs, 
                                or by any other individual against a 
                                person who is protected from that 
                                individual's acts under the domestic or 
                                family violence laws of the United 
                                States or any State, Indian tribal 
                                government, or unit of local or foreign 
                                government.
                            ``(ii) Violators of protection orders.--
                                    ``(I) In general.--Any alien who at 
                                any time is enjoined under a protection 
                                order issued by a court and whom the 
                                court determines has engaged in conduct 
                                that violates the portion of a 
                                protection order that involves 
                                protection against credible threats of 
                                violence, repeated harassment, or 
                                bodily injury to the person or persons 
                                for whom the protection order was 
                                issued is inadmissible.
                                    ``(II) Defined term.--In this 
                                clause, the term `protection order' 
                                means any injunction issued for the 
                                purpose of preventing violent or 
                                threatening acts of domestic violence, 
                                including temporary or final orders 
                                issued by civil or criminal courts 
                                (other than support or child custody 
                                orders or provisions) whether obtained 
                                by filing an independent action or as 
                                an independent order in another 
                                proceedings.''; and
                    (B) in subsection (h)--
                            (i) by inserting ``or the Secretary of 
                        Homeland Security'' after ``the Attorney 
                        General'' each place such term appears;
                            (ii) in the matter preceding paragraph (1), 
                        by striking ``The Attorney General may, in his 
                        discretion, waive the application of 
                        subparagraphs (A)(i)(I), (B), (D), and (E) of 
                        subsection (a)(2)'' and inserting ``The 
                        Attorney General or the Secretary of Homeland 
                        Security may waive the application of 
                        subparagraphs (A)(i)(I), (B), (D), (E), and (M) 
                        of subsection (a)(2)''; and
                            (iii) in the matter following paragraph 
                        (2)--
                                    (I) by striking ``torture.'' and 
                                inserting ``torture, or has been 
                                convicted of an aggravated felony.''; 
                                and
                                    (II) by striking ``if either since 
                                the date of such admission the alien 
                                has been convicted of an aggravated 
                                felony or the alien'' and inserting 
                                ``if since the date of such admission 
                                the alien''.
            (2) Construction.--The amendment made by paragraph (1) may 
        not be construed to create eligibility for relief from removal 
        under the former section 212(c) of the Immigration and 
        Nationality Act if such eligibility did not exist before the 
        amendment became effective.

SEC. 205. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY RELATING TO 
              REMOVAL AND FIREARM OFFENSES.

    (a) Penalties Related to Removal.--Section 243 (8 U.S.C. 1253) is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``212(a) or'' after ``section''; and
                    (B) in the matter following subparagraph (D), by 
                striking ``or imprisoned not more than four years'' and 
                inserting ``and imprisoned for not more than 5 years''; 
                and
            (2) in subsection (b), by striking ``not more than $1,000 
        or imprisoned for not more than one year, or both'' and 
        inserting ``under title 18, United States Code, and imprisoned 
        for not more than 5 years (or for not more than 10 years if the 
        alien is a member of any of the classes described in paragraphs 
        (1)(E), (2), (3), and (4) of section 237(a)).''.
    (b) Prohibiting Carrying or Using a Firearm During and in Relation 
to an Alien Smuggling Crime.--Section 924(c) of title 18, United States 
Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``, alien smuggling 
                        crime,'' after ``any crime of violence''; and
                            (ii) by inserting ``, alien smuggling 
                        crime,'' after ``such crime of violence''; and
                    (B) in subparagraph (D)(ii), by inserting ``, alien 
                smuggling crime,'' after ``crime of violence''; and
            (2) by adding at the end the following:
            ``(6) In this subsection, the term `alien smuggling crime' 
        means any felony punishable under section 274(a), 277, or 278 
        of the Immigration and Nationality Act (8 U.S.C. 1324(a), 1327, 
        and 1328).''.
    (c) Inadmissibility for Firearms Offenses.--Section 212(a)(2) (8 
U.S.C. 1182(a)(2)), as amended by this Act, is further amended by 
adding at the end the following:
                    ``(L) Certain firearm offenses.--Any alien who at 
                any time has been convicted under any law of, or who 
                admits having committed or admits committing acts which 
                constitute the essential elements of, purchasing, 
                selling, offering for sale, exchanging, using, owning, 
                possessing, or carrying, or of attempting or conspiring 
                to purchase, sell, offer for sale, exchange, use, own, 
                possess, or carry, any weapon, part, or accessory which 
                is a firearm or destructive device (as defined in 
                section 921(a) of title 18, United States Code) in 
                violation of any law is inadmissible.''.
    (d) Construction.--The amendments made by this section may not be 
construed to create eligibility for relief from removal under former 
section 212(c) of the Immigration and Nationality Act if such 
eligibility did not exist before the amendments became effective.

SEC. 206. ALIEN SMUGGLING AND RELATED OFFENSES.

    (a) In General.--Section 274 (8 U.S.C. 1324), is amended to read as 
follows:

``SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES.

    ``(a) Criminal Offenses and Penalties.--
            ``(1) Prohibited activities.--Except as provided under 
        paragraph (3), a person shall be punished as provided under 
        paragraph (2), if the person--
                    ``(A) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, knowing or in 
                reckless disregard of the fact that such person is an 
                alien who lacks lawful authority to come to, enter, or 
                cross the border to the United States;
                    ``(B) facilitates, encourages, directs, or induces 
                a person to come to or enter the United States, or to 
                cross the border to the United States, at a place other 
                than a designated port of entry or place other than as 
                designated by the Secretary of Homeland Security, 
                knowing or in reckless disregard of the fact that such 
                person is an alien and regardless of whether such alien 
                has official permission or lawful authority to be in 
                the United States;
                    ``(C) transports, moves, harbors, conceals, or 
                shields from detection a person outside of the United 
                States knowing or in reckless disregard of the fact 
                that such person is an alien in unlawful transit from 1 
                country to another or on the high seas, under 
                circumstances in which the alien is seeking to enter 
                the United States without official permission or legal 
                authority;
                    ``(D) encourages or induces a person to reside in 
                the United States, knowing or in reckless disregard of 
                the fact that such person is an alien who lacks lawful 
                authority to reside in the United States;
                    ``(E) transports or moves a person in the United 
                States, knowing or in reckless disregard of the fact 
                that such person is an alien who lacks lawful authority 
                to enter or be in the United States, if the 
                transportation or movement will further the alien's 
                illegal entry into or illegal presence in the United 
                States;
                    ``(F) harbors, conceals, or shields from detection 
                a person in the United States, knowing or in reckless 
                disregard of the fact that such person is an alien who 
                lacks lawful authority to be in the United States; or
                    ``(G) conspires or attempts to commit any of the 
                acts described in subparagraphs (A) through (F).
            ``(2) Criminal penalties.--A person who violates any 
        provision under paragraph (1) shall for each alien in respect 
        to whom a violation of paragraph (1) occurs--
                    ``(A) except as provided in subparagraphs (C) 
                through (G), if the violation was not committed for 
                commercial advantage, profit, or private financial 
                gain, shall be fined under title 18, United States 
                Code, imprisoned for not more than 5 years, or both;
                    ``(B) except as provided in subparagraphs (C) 
                through (G), if the violation was committed for 
                commercial advantage, profit, or private financial 
                gain--
                            ``(i) be fined under such title, imprisoned 
                        for not less than 3 years or more than 15 
                        years, or both, if the violation is the 
                        offender's first violation under this 
                        subparagraph; or
                            ``(ii) be fined under such title, 
                        imprisoned for not less than 5 years or more 
                        than 20 years, or both, if the violation is the 
                        offender's second or subsequent violation of 
                        this subparagraph;
                    ``(C) if the violation furthered or aided the 
                commission of any other offense against the United 
                States or any State that is punishable by imprisonment 
                for more than 1 year, shall be fined under such title, 
                imprisoned for not less than 5 years or more than 20 
                years, or both;
                    ``(D) shall be fined under such title, imprisoned 
                not less than 5 years or more than 25 years, or both, 
                if the violation created a substantial and foreseeable 
                risk of death, a substantial and foreseeable risk of 
                serious bodily injury (as defined in section 2119(2) of 
                title 18, United States Code), or inhumane conditions 
                to another person, including--
                            ``(i) transporting the person in an engine 
                        compartment, storage compartment, or other 
                        confined space;
                            ``(ii) transporting the person at an 
                        excessive speed or in excess of the rated 
                        capacity of the means of transportation; or
                            ``(iii) transporting the person in, 
                        harboring the person in, or otherwise 
                        subjecting the person to crowded or dangerous 
                        conditions;
                    ``(E) if the violation caused serious bodily injury 
                (as defined in section 2119(2) of title 18, United 
                States Code) to any person, shall be fined under such 
                title, imprisoned for not less than 7 years or more 
                than 30 years, or both;
                    ``(F) be fined under such title and imprisoned for 
                not less than 10 years or more than 30 years if the 
                violation involved an alien who the offender knew or 
                had reason to believe was--
                            ``(i) engaged in terrorist activity (as 
                        defined in section 212(a)(3)(B)); or
                            ``(ii) intending to engage in terrorist 
                        activity;
                    ``(G) if the offense caused or resulted in the 
                death of any person, shall be punished by death or 
                imprisoned for a term of years not less than 15 years 
                and up to life, and fined under title 18, United States 
                Code.
            ``(3) Limitation.--It is not a violation of subparagraph 
        (D), (E), or (F) of paragraph (1)-- for a religious 
        denomination having a bona fide nonprofit, religious 
        organization in the United States, or the agents or officers of 
        such denomination or organization, to encourage, invite, call, 
        allow, or enable an alien who is present in the United States 
        to perform the vocation of a minister or missionary for the 
        denomination or organization in the United States as a 
        volunteer who is not compensated as an employee, 
        notwithstanding the provision of room, board, travel, medical 
        assistance, and other basic living expenses, provided the 
        minister or missionary has been a member of the denomination 
        for at least 1 year.
            ``(4) Extraterritorial jurisdiction.--There is 
        extraterritorial Federal jurisdiction over the offenses 
        described in this subsection.
    ``(b) Seizure and Forfeiture.--
            ``(1) In general.--Any real or personal property used to 
        commit or facilitate the commission of a violation of this 
        section, the gross proceeds of such violation, and any property 
        traceable to such property or proceeds, shall be subject to 
        forfeiture.
            ``(2) Applicable procedures.--Seizures and forfeitures 
        under this subsection shall be governed by the provisions of 
        chapter 46 of title 18, United States Code, relating to civil 
        forfeitures, except that such duties as are imposed upon the 
        Secretary of the Treasury under the customs laws described in 
        section 981(d) shall be performed by such officers agents, and 
        other person as may be designated for the purpose by the 
        Secretary of Homeland Security.
            ``(3) Prima facie evidence in determinations of 
        violations.--In determining whether a violation of subsection 
        (a) has occurred, prima facie evidence that an alien involved 
        in the alleged violation lacks lawful authority to come to, 
        enter, reside in, remain in, or be in the United States or that 
        such alien had come to, entered, resided in, remained in, or 
        been present in the United States in violation of law may 
        include--
                    ``(A) any order, finding, or determination 
                concerning the alien's status or lack of status made by 
                a Federal judge or administrative adjudicator 
                (including an immigration judge or immigration officer) 
                during any judicial or administrative proceeding 
                authorized under Federal immigration law;
                    ``(B) official records of the Department of 
                Homeland Security, the Department of Justice, or the 
                Department of State concerning the alien's status or 
                lack of status; and
                    ``(C) testimony by an immigration officer having 
                personal knowledge of the facts concerning the alien's 
                status or lack of status.
    ``(c) Authority to Arrest.--No officer or person shall have 
authority to make any arrests for a violation of any provision of this 
section except--
            ``(1) officers and employees designated by the Secretary of 
        Homeland Security, either individually or as a member of a 
        class; and
            ``(2) other officers responsible for the enforcement of 
        Federal criminal laws.
    ``(d) Admissibility of Videotaped Witness Testimony.--
Notwithstanding any provision of the Federal Rules of Evidence, the 
videotaped or otherwise audiovisually preserved deposition of a witness 
to a violation of subsection (a) who has been deported or otherwise 
expelled from the United States, or is otherwise unavailable to 
testify, may be admitted into evidence in an action brought for that 
violation if--
            ``(1) the witness was available for cross examination at 
        the deposition by the party, if any, opposing admission of the 
        testimony; and
            ``(2) the deposition otherwise complies with the Federal 
        Rules of Evidence.
    ``(e) Definitions.--In this section:
            ``(1) Cross the border.--The term `cross the border' refers 
        to the physical act of crossing the border into the United 
        States regardless of whether the alien is free from official 
        restraint.
            ``(2) Lawful authority.--The term `lawful authority' means 
        permission, authorization, or license that is expressly 
        provided for in the immigration laws of the United States or 
        accompanying regulations. The term does not include any such 
        authority secured by fraud or otherwise obtained in violation 
        of law or authority sought, but not approved. No alien shall be 
        deemed to have lawful authority to come to, enter, reside in, 
        remain in, or be in the United States if such coming to, entry, 
        residence, remaining, or presence was, is, or would be in 
        violation of law.
            ``(3) Proceeds.--The term `proceeds' includes any property 
        or interest in property obtained or retained as a consequence 
        of an act or omission in violation of this section.
            ``(4) Unlawful transit.--The term `unlawful transit' means 
        travel, movement, or temporary presence that violates the laws 
        of any country in which the alien is present or any country 
        from which the alien is traveling or moving.''.
    (b) Clerical Amendment.--The table of contents is amended by 
striking the item relating to section 274 and inserting the following:

``Sec. 274. Alien smuggling and related offenses.''.

SEC. 207. ILLEGAL ENTRY.

    (a) In General.--Section 275 (8 U.S.C. 1325) is amended to read as 
follows:

``SEC. 275. ILLEGAL ENTRY.

    ``(a) In General.--
            ``(1) Criminal offenses.--An alien shall be subject to the 
        penalties set forth in paragraph (2) if the alien--
                    ``(A) knowingly enters or crosses the border into 
                the United States at any time or place other than as 
                designated by the Secretary of Homeland Security;
                    ``(B) knowingly eludes examination or inspection by 
                an immigration officer (including failing to stop at 
                the command of such officer), or a customs or 
                agriculture inspection at a port of entry;
                    ``(C) knowingly enters or crosses the border to the 
                United States by means of a knowingly false or 
                misleading representation or the knowing concealment of 
                a material fact (including such representation or 
                concealment in the context of arrival, reporting, 
                entry, or clearance requirements of the customs laws, 
                immigration laws, agriculture laws, or shipping laws);
                    ``(D) knowingly exceeds for a period of 90 days or 
                more the period of the alien's admission or parole to 
                the United States; or
                    ``(E) is found in the United States after having 
                violated any of subparagraphs (A) through (D).
            ``(2) Criminal penalties.--Any alien who violates any 
        provision under paragraph (1)--
                    ``(A) shall, for the first violation, be fined 
                under title 18, United States Code, imprisoned not more 
                than 6 months, or both;
                    ``(B) shall, for a second or subsequent violation, 
                or following an order of voluntary departure, be fined 
                under such title, imprisoned not more than 2 years, or 
                both;
                    ``(C) if the violation occurred after the alien had 
                been convicted of 3 or more misdemeanors or for a 
                felony, shall be fined under such title, imprisoned not 
                more than 10 years, or both;
                    ``(D) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 24 months, 
                shall be fined under such title, imprisoned not more 
                than 15 years, or both; and
                    ``(E) if the violation occurred after the alien had 
                been convicted of a felony for which the alien received 
                a term of imprisonment of not less than 48 months, such 
                alien shall be fined under such title, imprisoned not 
                more than 20 years, or both.
            ``(3) Prior convictions.--The prior convictions described 
        in subparagraphs (C) through (E) of paragraph (2) are elements 
        of the offenses described in that paragraph and the penalties 
        in such subparagraphs shall apply only in cases in which the 
        conviction or convictions that form the basis for the 
        additional penalty are--
                    ``(A) alleged in the indictment or information; and
                    ``(B) proven beyond a reasonable doubt at trial or 
                admitted by the defendant.
            ``(4) Duration of offense.--An offense under this 
        subsection continues until the alien is discovered within the 
        United States by an immigration officer.
            ``(5) Attempt.--Any person who attempts to commit any 
        offense under this section shall be punished in the same manner 
        as for a completion of such offense.
    ``(b) Improper Time or Place; Civil Penalties.--Any alien who is 
apprehended while entering, attempting to enter, or knowingly crossing 
or attempting to cross the border to the United States at a time or 
place other than as designated by immigration officers shall be subject 
to a civil penalty, in addition to any criminal or other civil 
penalties that may be imposed under any other provision of law, in an 
amount equal to--
            ``(1) not less than $50 or more than $250 for each such 
        entry, crossing, attempted entry, or attempted crossing; or
            ``(2) twice the amount specified in paragraph (1) if the 
        alien had previously been subject to a civil penalty under this 
        subsection.''.
    (b) Clerical Amendment.--The table of contents is amended by 
striking the item relating to section 275 and inserting the following:

``Sec. 275. Illegal Entry.''.
    (c) Effective Date.--Subparagraph (E) of section 275(a)(1) of the 
Immigration and Nationality Act, as added by this Act, shall apply only 
to violations of subparagraphs (A) through (D) of such section 
275(a)(1) committed on or after the date of enactment of this Act.

SEC. 208. CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN THE 
              UNITED STATES.

    Title II (8 U.S.C. 1151 et seq.) is amended by adding after section 
275 the following:

``SEC. 275A. CRIMINAL PENALTIES FOR UNLAWFUL PRESENCE IN THE UNITED 
              STATES.

    ``(a) In General.--In addition to any other violation, an alien 
present in the United States in violation of this Act shall be guilty 
of a misdemeanor and shall be fined under title 18, United States Code, 
imprisoned not more than 1 year, or both.
    ``(b) Affirmative Defense.--It shall be an affirmative defense to a 
violation under subsection (a) that the alien overstayed the time 
allotted under the alien's visa due to an exceptional and extremely 
unusual hardship or physical illness that prevented the alien from 
leaving the United States by the required date.''.

SEC. 209. ILLEGAL REENTRY.

    Section 276 (8 U.S.C. 1326) is amended to read as follows:

``SEC. 276. REENTRY OF REMOVED ALIEN.

    ``(a) Reentry After Removal.--Any alien who has been denied 
admission, excluded, deported, or removed, or who has departed the 
United States while an order of exclusion, deportation, or removal is 
outstanding, and subsequently enters, attempts to enter, crosses the 
border to, attempts to cross the border to, or is at any time found in 
the United States, shall be fined under title 18, United States Code, 
and imprisoned not less than 60 days and not more than 2 years.
    ``(b) Reentry of Criminal Offenders.--Notwithstanding the penalty 
provided in subsection (a), if an alien described in that subsection--
            ``(1) was convicted for 3 or more misdemeanors or a felony 
        before such removal or departure, the alien shall be fined 
        under title 18, United States Code, and imprisoned not more 
        than 10 years, or both;
            ``(2) was convicted for a felony before such removal or 
        departure for which the alien was sentenced to a term of 
        imprisonment of not less than 24 months, the alien shall be 
        fined under such title, and imprisoned not more than 15 years, 
        or both;
            ``(3) was convicted for a felony before such removal or 
        departure for which the alien was sentenced to a term of 
        imprisonment of not less than 48 months, the alien shall be 
        fined under such title, and imprisoned not more than 20 years, 
        or both;
            ``(4) was convicted for 3 felonies before such removal or 
        departure, the alien shall be fined under such title, and 
        imprisoned not more than 20 years, or both; or
            ``(5) was convicted, before such removal or departure, for 
        murder, rape, kidnaping, or a felony offense described in 
        chapter 77 (relating to peonage and slavery) or 113B (relating 
        to terrorism) of such title, the alien shall be fined under 
        such title, and imprisoned not less than 5 years and not more 
        than 20 years, or both.
    ``(c) Reentry After Repeated Removal.--Any alien who has been 
denied admission, excluded, deported, or removed 3 or more times and 
thereafter enters, attempts to enter, crosses the border to, attempts 
to cross the border to, or is at any time found in the United States, 
shall be fined under title 18, United States Code, and imprisoned not 
fewer than 2 years and not more than 10 years, or both.
    ``(d) Proof of Prior Convictions.--The prior convictions described 
in subsection (b) are elements of the crimes described in that 
subsection, and the penalties in that subsection shall apply only in 
cases in which the conviction or convictions that form the basis for 
the additional penalty are--
            ``(1) alleged in the indictment or information; and
            ``(2) proven beyond a reasonable doubt at trial or admitted 
        by the defendant.
    ``(e) Affirmative Defenses.--It shall be an affirmative defense to 
a violation of this section that--
            ``(1) prior to the alleged violation, the alien had sought 
        and received the express consent of the Secretary of Homeland 
        Security to reapply for admission into the United States; or
            ``(2) with respect to an alien previously denied admission 
        and removed, the alien--
                    ``(A) was not required to obtain such advance 
                consent under the Immigration and Nationality Act or 
                any prior Act; and
                    ``(B) had complied with all other laws and 
                regulations governing the alien's admission into the 
                United States.
    ``(f) Limitation on Collateral Attack on Underlying Removal 
Order.--In a criminal proceeding under this section, an alien may not 
challenge the validity of any prior removal order concerning the alien 
unless the alien demonstrates by clear and convincing evidence that--
            ``(1) the alien exhausted all administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the removal proceedings at which the order was issued 
        improperly deprived the alien of the opportunity for judicial 
        review; and
            ``(3) the entry of the order was fundamentally unfair.
    ``(g) Reentry of Alien Removed Prior to Completion of Term of 
Imprisonment.--Any alien removed pursuant to section 241(a)(4) who 
enters, attempts to enter, crosses the border to, attempts to cross the 
border to, or is at any time found in, the United States shall be 
incarcerated for the remainder of the sentence of imprisonment which 
was pending at the time of deportation without any reduction for parole 
or supervised release unless the alien affirmatively demonstrates that 
the Secretary of Homeland Security has expressly consented to the 
alien's reentry. Such alien shall be subject to such other penalties 
relating to the reentry of removed aliens as may be available under 
this section or any other provision of law.
    ``(h) Definitions.--In this section:
            ``(1) Felony.--The term `felony' means any criminal offense 
        punishable by a term of imprisonment of more than 1 year under 
        the laws of the United States, any State, or a foreign 
        government.
            ``(2) Misdemeanor.--The term `misdemeanor' means any 
        criminal offense punishable by a term of imprisonment of not 
        more than 1 year under the applicable laws of the United 
        States, any State, or a foreign government.
            ``(3) Removal.--The term `removal' includes any denial of 
        admission, exclusion, deportation (including self deportation), 
        or removal, or any agreement by which an alien stipulates or 
        agrees to exclusion, deportation, or removal.
            ``(4) State.--The term `State' means a State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States.''.

SEC. 210. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD OFFENSES.

    Chapter 75 of title 18, United States Code, is amended to read as 
follows:

          ``Chapter 75--Passport, Visa, and Immigration Fraud

``Sec.
``1541. Trafficking in passports.
``1542. False statement in an application for a passport.
``1543. Forgery and unlawful production of a passport.
``1544. Misuse of a passport.
``1545. Schemes to defraud aliens.
``1546. Immigration and visa fraud.
``1547. Marriage fraud.
``1548. Attempts and conspiracies.
``1549. Alternative penalties for certain offenses.
``1550. Seizure and forfeiture.
``1551. Additional jurisdiction.
``1552. Definitions.
``1553. Authorized law enforcement activities.

``SEC. 1541. TRAFFICKING IN PASSPORTS.

    ``(a) Multiple Passports.--Any person who, during any 3-year 
period, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more passports;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more passports;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes 10 or more passports, knowing the passports to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more applications for a United States passport, 
        knowing the applications to contain any false statement or 
        representation,
shall be fined under this title, imprisoned for not less than 2 years 
and not more than 20 years, or both.
    ``(b) Passport Materials.--Any person who knowingly and without 
lawful authority produces, buys, sells, possesses, or uses any official 
material (or counterfeit of any official material) used to make a 
passport, including any distinctive paper, seal, hologram, image, text, 
symbol, stamp, engraving, or plate, shall be fined under this title, 
imprisoned for not less than 2 years and not more than 20 years, or 
both.

``SEC. 1542. FALSE STATEMENT IN AN APPLICATION FOR A PASSPORT.

    ``(a) In General.--Any person who knowingly makes any false 
statement or representation in an application for a United States 
passport, or mails, prepares, presents, or signs an application for a 
United States passport knowing the application to contain any false 
statement or representation, shall be fined under this title, 
imprisoned for not more than 15 years, or both.
    ``(b) Venue.--
            ``(1) An offense under subsection (a) may be prosecuted in 
        any district,
                    ``(A) in which the false statement or 
                representation was made or the application for a United 
                States passport was prepared or signed, or
                    ``(B) in which or to which the application was 
                mailed or presented.
            ``(2) An offense under subsection (a) involving an 
        application prepared and adjudicated outside the United States 
        may be prosecuted in the district in which the resultant 
        passport was or would have been produced.
    ``(c) Savings Clause.--Nothing in this section may be construed to 
limit the venue otherwise available under sections 3237 and 3238.

``SEC. 1543. FORGERY AND UNLAWFUL PRODUCTION OF A PASSPORT.

    ``(a) Forgery.--Any person who--
            ``(1) knowingly forges, counterfeits, alters, or falsely 
        makes any passport; or
            ``(2) knowingly transfers any passport knowing it to be 
        forged, counterfeited, altered, falsely made, stolen, or to 
        have been produced or issued without lawful authority,
shall be fined under this title, imprisoned for not more than 15 years, 
or both.
    ``(b) Unlawful Production.--Any person who knowingly and without 
lawful authority--
            ``(1) produces, issues, authorizes, or verifies a passport 
        in violation of the laws, regulations, or rules governing the 
        issuance of the passport;
            ``(2) produces, issues, authorizes, or verifies a United 
        States passport for or to any person, knowing or in reckless 
        disregard of the fact that such person is not entitled to 
        receive a passport; or
            ``(3) transfers or furnishes a passport to any person for 
        use by any person other than the person for whom the passport 
        was issued or designed,
shall be fined under this title, imprisoned for not more than 15 years, 
or both.

``SEC. 1544. MISUSE OF A PASSPORT.

    ``Any person who knowingly--
            ``(1) uses any passport issued or designed for the use of 
        another;
            ``(2) uses any passport in violation of the conditions or 
        restrictions therein contained, or in violation of the laws, 
        regulations, or rules governing the issuance and use of the 
        passport;
            ``(3) secures, possesses, uses, receives, buys, sells, or 
        distributes any passport knowing it to be forged, 
        counterfeited, altered, falsely made, procured by fraud, or 
        produced or issued without lawful authority; or
            ``(4) violates the terms and conditions of any safe conduct 
        duly obtained and issued under the authority of the United 
        States,
shall be fined under this title, imprisoned for not more than 15 years, 
or both.

``SEC. 1545. SCHEMES TO DEFRAUD ALIENS.

    ``(a) In General.--Any person who knowingly executes a scheme or 
artifice, in connection with any matter that is authorized by or arises 
under Federal immigration laws or any matter the offender claims or 
represents is authorized by or arises under Federal immigration laws, 
to--
            ``(1) defraud any person, or
            ``(2) obtain or receive money or anything else of value 
        from any person, by means of false or fraudulent pretenses, 
        representations, or promises,
shall be fined under this title, imprisoned for not more than 15 years, 
or both.
    ``(b) Misrepresentation.--Any person who knowingly and falsely 
represents that such person is an attorney or accredited representative 
(as that term is defined in section 1292.1 of title 8, Code of Federal 
Regulations (or any successor regulation to such section)) in any 
matter arising under Federal immigration laws shall be fined under this 
title, imprisoned for not more than 15 years, or both.

``SEC. 1546. IMMIGRATION AND VISA FRAUD.

    ``(a) In General.--Any person who knowingly--
            ``(1) uses any immigration document issued or designed for 
        the use of another;
            ``(2) forges, counterfeits, alters, or falsely makes any 
        immigration document;
            ``(3) completes, mails, prepares, presents, signs, or 
        submits any immigration document knowing it to contain any 
        materially false statement or representation;
            ``(4) secures, possesses, uses, transfers, receives, buys, 
        sells, or distributes any immigration document knowing it to be 
        forged, counterfeited, altered, falsely made, stolen, procured 
        by fraud, or produced or issued without lawful authority;
            ``(5) adopts or uses a false or fictitious name to evade or 
        to attempt to evade the immigration laws; or
            ``(6) transfers or furnishes, without lawful authority, an 
        immigration document to another person for use by a person 
        other than the person for whom the immigration document was 
        issued or designed,
shall be fined under this title, imprisoned for not more than 15 years, 
or both.
    ``(b) Multiple Immigration Documents.--Any person who, during any 
3-year period, knowingly--
            ``(1) and without lawful authority produces, issues, or 
        transfers 10 or more immigration documents;
            ``(2) forges, counterfeits, alters, or falsely makes 10 or 
        more immigration documents;
            ``(3) secures, possesses, uses, buys, sells, or distributes 
        10 or more immigration documents, knowing the immigration 
        documents to be forged, counterfeited, altered, stolen, falsely 
        made, procured by fraud, or produced or issued without lawful 
        authority; or
            ``(4) completes, mails, prepares, presents, signs, or 
        submits 10 or more immigration documents knowing the documents 
        to contain any materially false statement or representation,
shall be fined under this title, imprisoned for not more than 20 years, 
or both.
    ``(c) Immigration Document Materials.--Any person who knowingly and 
without lawful authority produces, buys, sells, or possesses any 
official material (or counterfeit of any official material) used to 
make an immigration document, including any distinctive paper, seal, 
hologram, image, text, symbol, stamp, engraving, or plate, shall be 
fined under this title, imprisoned for not more than 20 years, or both.
    ``(d) Employment Documents.--Any person who, for the purpose of 
satisfying a requirement of section 274A(b) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(b)), uses--
            ``(1) an identification document, knowing or having reason 
        to know that the document was not issued lawfully for the use 
        of the possessor;
            ``(2) an identification document knowing or having reason 
        to know that the document is false; or
            ``(3) a false attestation,
shall be fined under this title, imprisoned for not more than 5 years, 
or both.

``SEC. 1547. MARRIAGE FRAUD.

    ``(a) Evasion or Misrepresentation.--Any person who--
            ``(1) knowingly enters into a marriage for the purpose of 
        evading any provision of the immigration laws; or
            ``(2) knowingly misrepresents the existence or 
        circumstances of a marriage--
                    ``(A) in an application or document authorized by 
                the immigration laws; or
                    ``(B) during any immigration proceeding conducted 
                by an administrative adjudicator (including an 
                immigration officer or examiner, a consular officer, an 
                immigration judge, or a member of the Board of 
                Immigration Appeals),
shall be fined under this title, imprisoned for not more than 10 years, 
or both.
    ``(b) Multiple Marriages.--Any person who--
            ``(1) knowingly enters into 2 or more marriages for the 
        purpose of evading any immigration law; or
            ``(2) knowingly arranges, supports, or facilitates 2 or 
        more marriages designed or intended to evade any immigration 
        law,
shall be fined under this title, imprisoned for not less than 2 years 
and not more than 20 years, or both.
    ``(c) Commercial Enterprise.--Any person who knowingly establishes 
a commercial enterprise for the purpose of evading any provision of the 
immigration laws shall be fined under this title, imprisoned for not 
less than 2 years and not more than 10 years, or both.
    ``(d) Duration of Offense.--
            ``(1) In general.--An offense under subsection (a) or (b) 
        continues until the fraudulent nature of the marriage or 
        marriages is discovered by an immigration officer.
            ``(2) Commercial enterprise.--An offense under subsection 
        (c) continues until the fraudulent nature of the commercial 
        enterprise is discovered by an immigration officer or other law 
        enforcement officer.

``SEC. 1548. ATTEMPTS AND CONSPIRACIES.

    ``Any person who attempts or conspires to violate any section of 
this chapter shall be punished in the same manner as a person who 
completed a violation of that section.

``SEC. 1549. ALTERNATIVE PENALTIES FOR CERTAIN OFFENSES.

    ``(a) Terrorism.--Any person who violates any section in this 
chapter--
            ``(1) knowing that such violation will facilitate an act of 
        international terrorism or domestic terrorism (as those terms 
        are defined in section 2331), or
            ``(2) with the intent to facilitate an act of international 
        terrorism or domestic terrorism,
shall be fined under this title, imprisoned for not less than 7 years 
and not more than 25 years, or both.
    ``(b) Offense Against Government.--Any person who violates any 
section in this chapter:
            ``(1) knowing that such violation will facilitate the 
        commission of any offense against the United States (other than 
        an offense in this chapter) or against any State, which offense 
        is punishable by imprisonment for more than 1 year; or
            ``(2) with the intent to facilitate the commission of any 
        offense against the United States (other than an offense in 
        this chapter) or against any State, which offense is punishable 
        by imprisonment for more than 1 year,
shall be fined under this title, imprisoned for not less than 3 years 
and not more than 20 years, or both.

``SEC. 1550. SEIZURE AND FORFEITURE.

    ``(a) Forfeiture.--Any property, real or personal, used to commit 
or facilitate the commission of a violation of any section of this 
chapter, the gross proceeds of such violation, and any property 
traceable to such property or proceeds, shall be subject to forfeiture.
    ``(b) Applicable Law.--Seizures and forfeitures under this section 
shall be governed by the provisions of chapter 46 relating to civil 
forfeitures, except that such duties as are imposed upon the Secretary 
of the Treasury under the customs laws described in section 981(d) 
shall be performed by such officers, agents, and other persons as may 
be designated for that purpose by the Secretary of Homeland Security, 
the Secretary of State, or the Attorney General.

``SEC. 1551. ADDITIONAL JURISDICTION.

    ``(a) In General.--Any person who commits an offense under this 
chapter within the special maritime and territorial jurisdiction of the 
United States shall be punished as provided under this chapter.
    ``(b) Extraterritorial Jurisdiction.--Any person who commits an 
offense under this chapter outside the United States shall be punished 
as provided under this chapter if--
            ``(1) the offense involves a United States passport or 
        immigration document (or any document purporting to be such a 
        document) or any matter, right, or benefit arising under or 
        authorized by Federal immigration laws;
            ``(2) the offense is in or affects foreign commerce;
            ``(3) the offense affects, jeopardizes, or poses a 
        significant risk to the lawful administration of Federal 
        immigration laws, or the national security of the United 
        States;
            ``(4) the offense is committed to facilitate an act of 
        international terrorism (as defined in section 2331) or a drug 
        trafficking crime (as defined in section 929(a)(2)) that 
        affects or would affect the national security of the United 
        States;
            ``(5) the offender is a national of the United States or an 
        alien lawfully admitted for permanent residence in the United 
        States (as such terms are defined in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a))); or
            ``(6) the offender is a stateless person whose habitual 
        residence is in the United States.

``SEC. 1552. DEFINITIONS.

    ``As used in this chapter--
            ``(1) the term `application for a United States passport' 
        includes any document, photograph, or other piece of evidence 
        attached to or submitted in support of the application;
            ``(2) the term `false statement or representation' includes 
        a personation or an omission;
            ``(3) the term `falsely make' means to prepare or complete 
        an immigration document with knowledge or in reckless disregard 
        of the fact that the document--
                    ``(A) contains a statement or representation that 
                is false, fictitious, or fraudulent;
                    ``(B) has no basis in fact or law; or
                    ``(C) otherwise fails to state a fact which is 
                material to the purpose for which the document was 
                created, designed, or submitted;
            ``(4) the term `immigration document'--
                    ``(A) means any application, petition, affidavit, 
                declaration, attestation, form, visa, identification 
                card, alien registration document, employment 
                authorization document, border crossing card, 
                certificate, permit, order, license, stamp, 
                authorization, grant of authority, or other official 
                document, arising under or authorized by the 
                immigration laws of the United States; and
                    ``(B) includes any document, photograph, or other 
                piece of evidence attached to or submitted in support 
                of an immigration document;
            ``(5) the term `immigration laws' includes--
                    ``(A) the laws described in section 101(a)(17) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(17));
                    ``(B) the laws relating to the issuance and use of 
                passports; and
                    ``(C) the regulations prescribed under the 
                authority of any law described in paragraphs (A) and 
                (B);
            ``(6) the term `immigration proceeding' includes an 
        adjudication, interview, hearing, or review;
            ``(7) a person does not exercise `lawful authority' if the 
        person abuses or improperly exercises lawful authority the 
        person otherwise holds;
            ``(8) the term `passport' means--
                    ``(A) a travel document attesting to the identity 
                and nationality of the bearer that is issued under the 
                authority of the Secretary of State, a foreign 
                government, or an international organization; or
                    ``(B) any instrument purporting to be a document 
                described in subparagraph (A);
            ``(9) the term `present' means to offer or submit for 
        official processing, examination, or adjudication. Any such 
        presentation continues until the official processing, 
        examination, or adjudication is complete;
            ``(10) the term `proceeds' includes any property or 
        interest in property obtained or retained as a consequence of 
        an act or omission in violation of this section;
            ``(11) the term `produce' means to make, prepare, assemble, 
        issue, print, authenticate, or alter;
            ``(12) the term `State' means a State of the United States, 
        the District of Columbia, or any commonwealth, territory, or 
        possession of the United States;
            ``(13) the use of a passport or an immigration document 
        referred to in sections 1541(a), 1543(b), 1544, 1546(a), and 
        1546(b) includes--
                    ``(A) any officially authorized use;
                    ``(B) use to travel;
                    ``(C) use to demonstrate identity, residence, 
                nationality, citizenship, or immigration status;
                    ``(D) use to seek or maintain employment; or
                    ``(E) use in any matter within the jurisdiction of 
                the Federal government or of a State government.

``SEC. 1553. AUTHORIZED LAW ENFORCEMENT ACTIVITIES.

    ``(a) Savings Provision.--Nothing in this chapter may be construed 
to prohibit any lawfully authorized investigative, protective, or 
intelligence activity of a law enforcement agency of the United States, 
a State, or a political subdivision of a State, or an intelligence 
agency of the United States, or any activity authorized under title V 
of the Organized Crime Control Act of 1970 (Public Law 91-452; 84 Stat. 
933).
    ``(b) Protection for Legitimate Refugees and Asylum Seekers.--
            ``(1) Prosecution guidelines.--The Attorney General, in 
        consultation with the Secretary of Homeland Security, shall 
        develop binding prosecution guidelines for federal prosecutors 
        to ensure that any prosecution of an alien seeking entry into 
        the United States by fraud is consistent with the obligations 
        of the United States under Article 31(1) of the Convention 
        Relating to the Status of Refugees, done at Geneva July 28, 
        1951 (as made applicable by the Protocol Relating to the Status 
        of Refugees, done at New York January 31, 1967 (19 UST 6223)).
            ``(2) No private right of action.--The guidelines required 
        under paragraph (1), and any internal office procedures adopted 
        pursuant to such guidelines, are intended solely for the 
        guidance of attorneys for the United States. This section, the 
        guidelines required under paragraph (1), and the process for 
        determining such guidelines are not intended to, do not, and 
        may not be relied upon to create any right or benefit, 
        substantive or procedural, enforceable at law by any party in 
        any administrative, civil, or criminal matter.''.

SEC. 211. INADMISSIBILITY AND REMOVAL FOR PASSPORT AND IMMIGRATION 
              FRAUD OFFENSES.

    (a) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C. 
1182(a)(2)(A)(i)), as amended by this Act, is further amended by 
inserting after subclause (III) the following:
                                    ``(IV) a violation of any section 
                                of chapter 75 of title 18, United 
                                States Code,''.
    (b) Removal.--Section 237(a)(3)(B)(iii) of the Immigration and 
Nationality Act (8 U.S.C. 1227(a)(3)(B)(iii)) is amended to read as 
follows:
                            ``(iii) of a violation of any section of 
                        chapter 75 of title 18, United States Code,''.
    (c) Effective Date.--The amendments made by this section shall 
apply to proceedings, applications and adjudications pending on or 
after the date of the enactment of this Act.

SEC. 212. INCARCERATION OF CRIMINAL ALIENS.

    (a) Institutional Removal Program.--
            (1) Technological improvement and expansion.--The Secretary 
        shall improve the Institutional Removal Program (referred to in 
        this section as the ``Program'') to--
                    (A) identify the total criminal alien population in 
                Federal, State, and local correctional facilities by 
                making use of analytical information technology tools 
                that systematically use updated nationwide jail-booking 
                databases;
                    (B) ensure that such aliens are not released into 
                the community; and
                    (C) remove such aliens from the United States after 
                the completion of their sentences.
            (2) Expansion.--The Secretary may extend the scope of the 
        Program to all States.
    (b) Technology Usage.--Technology, such as videoconferencing, shall 
be used to the maximum extent practicable to make the Program available 
in remote locations. Mobile access to Federal databases of aliens, such 
as IDENT, and live scan technology shall be used to the maximum extent 
practicable to make these resources available to State and local law 
enforcement agencies in remote locations.
    (c) Report to Congress.--Not later than 6 months after the date of 
the enactment of this Act, and annually thereafter, the Secretary shall 
submit a report to Congress on the participation of States in the 
Program and in any other program authorized under subsection (a).
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary in each of the fiscal years 
2008 through 2012 to carry out the Program.
    (e) Criminal Alien Program Pilot Project.--
            (1) In general.--The Secretary shall reserve $300,000 of 
        the funds appropriated to United States Immigration and Customs 
        Enforcement for the Criminal Alien Program to implement a pilot 
        project to evaluate technology that can--
                    (A) effectively analyze information on jail and 
                prison populations; and
                    (B) automatically identify incarcerated illegal 
                aliens in a timely manner before their release from 
                detention.
            (2) Minimum requirements.--The pilot project implemented 
        under subsection (a) shall involve not fewer than 2 States and 
        shall provide for the daily collection of data from not fewer 
        than 15 jails or prisons.
            (3) Report.--Not later than July 1, 2008, the Secretary 
        shall submit a report to the Committee on Appropriations of the 
        Senate and the Committee on Appropriations of the House of 
        Representatives that describes--
                    (A) the status of the pilot project implemented 
                under subsection (a);
                    (B) the impact of the pilot project on illegal 
                alien management; and
                    (C) the Secretary's plans to integrate the 
                technology evaluated under the pilot project into 
                future enforcement budgets and operating procedures.

SEC. 213. ENCOURAGING ALIENS TO DEPART VOLUNTARILY.

    (a) In General.--Section 240B (8 U.S.C. 1229c) is amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Instead of removal proceedings.--If an alien is not 
        described in paragraph (2)(A)(iii) or (4) of section 237(a), 
        the Secretary of Homeland Security may permit the alien to 
        voluntarily depart the United States at the alien's own expense 
        under this subsection instead of being subject to proceedings 
        under section 240.'';
                    (B) by striking paragraph (3);
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) by inserting after paragraph (1) the following:
            ``(2) Before the conclusion of removal proceedings.--If an 
        alien is not described in paragraph (2)(A)(iii) or (4) of 
        section 237(a), the Attorney General may permit the alien to 
        voluntarily depart the United States at the alien's own expense 
        under this subsection after the initiation of removal 
        proceedings under section 240 and before the conclusion of such 
        proceedings before an immigration judge.'';
                    (E) in paragraph (3), as redesignated--
                            (i) by amending subparagraph (A) to read as 
                        follows:
                    ``(A) Instead of removal.--Subject to subparagraph 
                (C), permission to voluntarily depart under paragraph 
                (1) shall not be valid for any period in excess of 120 
                days. The Secretary may require an alien permitted to 
                voluntarily depart under paragraph (1) to post a 
                voluntary departure bond, to be surrendered upon proof 
                that the alien has departed the United States within 
                the time specified.'';
                            (ii) by redesignating subparagraphs (B), 
                        (C), and (D) as paragraphs (C), (D), and (E), 
                        respectively;
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) Before the conclusion of removal 
                proceedings.--Permission to voluntarily depart under 
                paragraph (2) shall not be valid for any period longer 
                than 60 days, and may be granted only after a finding 
                that the alien has the means to depart the United 
                States and intends to depart the United States. An 
                alien permitted to voluntarily depart under paragraph 
                (2) shall post a voluntary departure bond, in an amount 
                necessary to ensure that the alien will depart, which 
                shall be surrendered upon proof that the alien has 
                departed the United States within the time specified. 
                An immigration judge may waive the requirement to post 
                a voluntary departure bond in individual cases upon a 
                finding that the alien has presented compelling 
                evidence that the posting of a bond will pose a serious 
                financial hardship and the alien has presented credible 
                evidence that such a bond is unnecessary to guarantee 
                timely departure.'';
                            (iv) in subparagraph (C), as redesignated, 
                        by striking ``subparagraphs (C) and(D)(ii)'' 
                        and inserting ``subparagraphs (D) and 
                        (E)(ii)'';
                            (v) in subparagraph (D), as redesignated, 
                        by striking ``subparagraph (B)'' each place 
                        that term appears and inserting ``subparagraph 
                        (C)''; and
                            (vi) in subparagraph (E), as redesignated, 
                        by striking ``subparagraph (B)'' each place 
                        that term appears and inserting ``subparagraph 
                        (C)''; and
                    (F) in paragraph (4), by striking ``paragraph (1)'' 
                and inserting ``paragraphs (1) and (2)'';
            (2) in subsection (b)(2), by striking ``a period exceeding 
        60 days'' and inserting ``any period longer than 45 days'';
            (3) by striking subsection (c) through (e) and inserting 
        the following:
    ``(c) Conditions on Voluntary Departure.--
            ``(1) Voluntary departure agreement.--Voluntary departure 
        may only be granted as part of an affirmative agreement by the 
        alien. A voluntary departure agreement under subsection (b) 
        shall include a waiver of the right to any further motion, 
        appeal, application, petition, or petition for review relating 
        to removal or relief or protection from removal.
            ``(2) Concessions by the secretary.--In connection with the 
        alien's agreement to depart voluntarily under paragraph (1), 
        the Secretary of Homeland Security may agree to a reduction in 
        the period of inadmissibility under subparagraph (A) or (B)(i) 
        of section 212(a)(9).
            ``(3) Advisals.--Agreements relating to voluntary departure 
        granted during removal proceedings under section 240, or at the 
        conclusion of such proceedings, shall be presented on the 
        record before the immigration judge. The immigration judge 
        shall advise the alien of the consequences of a voluntary 
        departure agreement before accepting such agreement.
            ``(4) Failure to comply with agreement.--
                    ``(A) In general.--If an alien agrees to voluntary 
                departure under this section and fails to depart the 
                United States within the time allowed for voluntary 
                departure or fails to comply with any other terms of 
                the agreement (including failure to timely post any 
                required bond), the alien is--
                            ``(i) ineligible for the benefits of the 
                        agreement;
                            ``(ii) subject to the penalties described 
                        in subsection (d); and
                            ``(iii) subject to an alternate order of 
                        removal if voluntary departure was granted 
                        under subsection (a)(2) or (b).
                    ``(B) Effect of filing timely appeal.--If, after 
                agreeing to voluntary departure, the alien files a 
                timely appeal of the immigration judge`s decision 
                granting voluntary departure, the alien may pursue the 
                appeal instead of the voluntary departure agreement. 
                Such appeal operates to void the alien's voluntary 
                departure agreement and the consequences of such 
                agreement, but precludes the alien from another grant 
                of voluntary departure while the alien remains in the 
                United States.
            ``(5) Voluntary departure period not affected.--Except as 
        expressly agreed to by the Secretary in writing in the exercise 
        of the Secretary`s discretion before the expiration of the 
        period allowed for voluntary departure, no motion, appeal, 
        application, petition, or petition for review shall affect, 
        reinstate, enjoin, delay, stay, or toll the alien's obligation 
        to depart from the United States during the period agreed to by 
        the alien and the Secretary.
    ``(d) Penalties for Failure To Depart.--If an alien is permitted to 
voluntarily depart under this section and fails to voluntarily depart 
from the United States within the time period specified or otherwise 
violates the terms of a voluntary departure agreement, the alien will 
be subject to the following penalties:
            ``(1) Civil penalty.--The alien shall be liable for a civil 
        penalty of $3,000. The order allowing voluntary departure shall 
        specify the amount of the penalty, which shall be acknowledged 
        by the alien on the record. If the Secretary thereafter 
        establishes that the alien failed to depart voluntarily within 
        the time allowed, no further procedure will be necessary to 
        establish the amount of the penalty, and the Secretary may 
        collect the civil penalty at any time thereafter and by 
        whatever means provided by law. An alien will be ineligible for 
        any benefits under this chapter until this civil penalty is 
        paid.
            ``(2) Ineligibility for relief.--The alien shall be 
        ineligible during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        for any further relief under this section and sections 240A, 
        245, 248, and 249. The order permitting the alien to depart 
        voluntarily shall inform the alien of the penalties under this 
        subsection.
            ``(3) Reopening.--The alien shall be ineligible to reopen 
        the final order of removal that took effect upon the alien's 
        failure to depart, or upon the alien's other violations of the 
        conditions for voluntary departure, during the period described 
        in paragraph (2). This paragraph does not preclude a motion to 
        reopen to seek withholding of removal under section 241(b)(3) 
        or protection against torture, if the motion--
                    ``(A) presents material evidence of changed country 
                conditions arising after the date of the order granting 
                voluntary departure in the country to which the alien 
                would be removed; and
                    ``(B) makes a sufficient showing to the 
                satisfaction of the Attorney General that the alien is 
                otherwise eligible for such protection.
    ``(e) Eligibility.--
            ``(1) Prior grant of voluntary departure.--An alien shall 
        not be permitted to voluntarily depart under this section if 
        the Secretary of Homeland Security or the Attorney General 
        previously permitted the alien to depart voluntarily.
            ``(2) Rulemaking.--The Secretary may promulgate regulations 
        to limit eligibility or impose additional conditions for 
        voluntary departure under subsection (a)(1) for any class of 
        aliens. The Secretary or Attorney General may by regulation 
        limit eligibility or impose additional conditions for voluntary 
        departure under subsections (a)(2) or (b) of this section for 
        any class or classes of aliens.''; and
            (4) in subsection (f), by adding at the end the following: 
        ``Notwithstanding section 242(a)(2)(D), sections 1361, 1651, 
        and 2241 of title 28, United States Code, any other habeas 
        corpus provision, and any other provision of law (statutory or 
        nonstatutory), no court shall have jurisdiction to affect, 
        reinstate, enjoin, delay, stay, or toll the period allowed for 
        voluntary departure under this section.''.
    (b) Rulemaking.--The Secretary shall promulgate regulations to 
provide for the imposition and collection of penalties for failure to 
depart under section 240B(d) of the Immigration and Nationality Act (8 
U.S.C. 1229c(d)).
    (c) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply with respect to all 
        orders granting voluntary departure under section 240B of the 
        Immigration and Nationality Act (8 U.S.C. 1229c) made on or 
        after the date that is 180 days after the enactment of this 
        Act.
            (2) Exception.--The amendment made by subsection (a)(4) 
        shall take effect on the date of the enactment of this Act and 
        shall apply with respect to any petition for review which is 
        filed on or after such date.

SEC. 214. DETERRING ALIENS ORDERED REMOVED FROM REMAINING IN THE UNITED 
              STATES UNLAWFULLY.

    (a) Inadmissible Aliens.--Section 212(a)(9)(A) (8 U.S.C. 
1182(a)(9)(A)) is amended--
            (1) in clause (i), by striking ``seeks admission within 5 
        years of the date of such removal (or within 20 years'' and 
        inserting ``seeks admission not later than 5 years after the 
        date of the alien's removal (or not later than 20 years after 
        the alien's removal''; and
            (2) in clause (ii), by striking ``seeks admission within 10 
        years of the date of such alien's departure or removal (or 
        within 20 years of'' and inserting ``seeks admission not later 
        than 10 years after the date of the alien's departure or 
        removal (or not later than 20 years after''.
    (b) Bar on Discretionary Relief.--Section 274D (8 U.S.C. 1324d) is 
amended--
            (1) in subsection (a), by striking ``Commissioner'' and 
        inserting ``Secretary of Homeland Security''; and
            (2) by adding at the end the following:
    ``(c) Ineligibility for Relief.--
            ``(1) In general.--Absent the granting of a timely motion 
        to reconsider under section 240(c)(6) or a timely motion to 
        reopen under section 240(c)(7), an alien described in 
        subsection (a) shall be ineligible for any discretionary relief 
        from removal (including cancellation of removal and adjustment 
        of status) during the time the alien remains in the United 
        States and for a period of 10 years after the alien's departure 
        from the United States.
            ``(2) Savings provision.--Nothing in paragraph (1) may be 
        construed to preclude a motion to reopen to seek withholding of 
        removal under section 241(b)(3) or protection against torture, 
        if the motion--
                    ``(A) presents material evidence of changed country 
                conditions arising after the date of the final order of 
                removal in the country to which the alien would be 
                removed; and
                    ``(B) makes a sufficient showing to the 
                satisfaction of the Attorney General that the alien is 
                otherwise eligible for such protection.''.
    (c) Effective Dates.--The amendments made by this section shall 
take effect on the date of the enactment of this Act with respect to 
aliens who are subject to a final order of removal entered on or after 
such date.

SEC. 215. PROHIBITION OF THE SALE OF FIREARMS TO, OR THE POSSESSION OF 
              FIREARMS BY CERTAIN ALIENS.

    Section 922 of title 18, United States Code, is amended--
            (1) in subsection (d)(5)(B), by striking ``(y)(2)'' and all 
        that follows and inserting ``(y), is in the United States not 
        as an alien lawfully admitted for permanent residence'';
            (2) in subsection (g)(5)(B), by striking ``(y)(2)'' and all 
        that follows and inserting ``(y), is in the United States not 
        as an alien lawfully admitted for permanent residence''; and
            (3) in subsection (y)--
                    (A) in the subsection heading, by striking 
                ``Admitted Under Nonimmigrant Visas'' and inserting 
                ``Not Lawfully Admitted for Permanent Residence'';
                    (B) in paragraph (1), by amending subparagraph (B) 
                to read as follows:
                    ``(B) the term `lawfully admitted for permanent 
                residence' has the meaning given such term in section 
                101(a)(20) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(20)).'';
                    (C) in paragraph (2), by striking ``under a 
                nonimmigrant visa'' and inserting ``and has not been 
                lawfully admitted for permanent residence''; and
                    (D) in paragraph (3)(A), by striking ``admitted to 
                the United States under a nonimmigrant visa'' and 
                inserting ``lawfully admitted to the United States and 
                has not been lawfully admitted for permanent 
                residence''.

SEC. 216. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN IMMIGRATION, 
              PASSPORT, AND NATURALIZATION OFFENSES.

    (a) In General.--Section 3291 of title 18, United States Code, is 
amended to read as follows:

``SEC. 3291. IMMIGRATION, PASSPORT, AND NATURALIZATION OFFENSES.

    ``No person shall be prosecuted, tried, or punished for a violation 
of any section of chapters 69 (relating to nationality and citizenship 
offenses), 75 (relating to passport, visa, and immigration offenses), 
or for a violation of any criminal provision under section 243, 266, 
274, 275, 276, 277, or 278 of the Immigration and Nationality Act (8 
U.S.C. 1253, 1306, 1324, 1325, 1326, 1327, and 1328), or for an attempt 
or conspiracy to violate any such section, unless the indictment is 
returned or the information filed not later than 10 years after the 
commission of the offense.''.
    (b) Clerical Amendment.--The table of sections for chapter 213 of 
title 18, United States Code, is amended by striking the item relating 
to section 3291 and inserting the following:

``3291. Immigration, passport, and naturalization offenses.''.

SEC. 217. DIPLOMATIC SECURITY SERVICE.

    (a) In General.--Section 37(a)(1) of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2709(a)(1)) is amended to read as 
follows:
            ``(1) conduct investigations concerning--
                    ``(A) illegal passport or visa issuance or use;
                    ``(B) identity theft or document fraud affecting or 
                relating to the programs, functions, and authorities of 
                the Department of State;
                    ``(C) violations of chapter 77 of title 18, United 
                States Code; and
                    ``(D) Federal offenses committed within the special 
                maritime and territorial jurisdiction defined in 
                section 7(9) of title 18, United States Code, except as 
                that jurisdiction relates to the premises of United 
                States military missions and related residences;''.
    (b) Construction.--Nothing in the amendment may be subsection (a) 
may be construed to limit the investigative authority of any Federal 
department or agency other than the Department of State.

SEC. 218. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR 
              IMMIGRATION BENEFITS.

    (a) Information Sharing; Interagency Task Force.--Section 105 (8 
U.S.C. 1105) is amended by adding at the end the following:
    ``(e) Interagency Task Force.--
            ``(1) In general.--The Secretary of Homeland Security and 
        the Attorney General shall establish an interagency task force 
        to resolve cases in which an application or petition for an 
        immigration benefit conferred under this Act has been delayed 
        due to an outstanding background check investigation for more 
        than 2 years after the date on which such application or 
        petition was initially filed.
            ``(2) Membership.--The interagency task force established 
        under paragraph (1) shall include representatives from Federal 
        agencies with immigration, law enforcement, or national 
        security responsibilities under this Act.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the Federal Bureau of Investigation 
such sums as are necessary for each fiscal year, 2008 through 2012 for 
enhancements to existing systems for conducting background and security 
checks necessary to support immigration security and orderly processing 
of applications.
    (c) Report on Background and Security Checks.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of the Federal Bureau 
        of Investigation shall submit to the Committee on the Judiciary 
        of the Senate and the Committee on the Judiciary of the House 
        of Representatives a report on the background and security 
        checks conducted by the Federal Bureau of Investigation on 
        behalf of United States Citizenship and Immigration Services.
            (2) Content.--The report required under paragraph (1) shall 
        include--
                    (A) a description of the background and security 
                check program;
                    (B) a statistical breakdown of the background and 
                security check delays associated with different types 
                of immigration applications;
                    (C) a statistical breakdown of the background and 
                security check delays by applicant country of origin; 
                and
                    (D) the steps that the Director of the Federal 
                Bureau of Investigation is taking to expedite 
                background and security checks that have been pending 
                for more than 180 days.

SEC. 219. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

    (a) Reimbursement for Costs Associated With Processing Criminal 
Illegal Aliens.--The Secretary may reimburse States and units of local 
government for costs associated with processing undocumented criminal 
aliens through the criminal justice system, including--
            (1) indigent defense;
            (2) criminal prosecution;
            (3) autopsies;
            (4) translators and interpreters; and
            (5) courts costs.
    (b) Authorization of Appropriations.--
            (1) Processing criminal illegal aliens.--There are 
        authorized to be appropriated $400,000,000 for each of the 
        fiscal years 2008 through 2013 to carry out subsection (a).
            (2) Compensation upon request.--Section 241(i)(5) (8 U.S.C. 
        1231(i)) is amended to read as follows:
            ``(5) There are authorized to be appropriated to carry this 
        subsection--
                    ``(A) such sums as may be necessary for fiscal year 
                2008;
                    ``(B) $750,000,000 for fiscal year 2009;
                    ``(C) $850,000,000 for fiscal year 2010; and
                    ``(D) $950,000,000 for each of the fiscal years 
                2011 through 2013.''.
    (c) Technical Amendment.--Section 501 of the Immigration Reform and 
Control Act of 1986 (8 U.S.C. 1365) is amended by striking ``Attorney 
General'' each place it appears and inserting ``Secretary of Homeland 
Security''.

SEC. 220. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING ON TRIBAL 
              LANDS.

    (a) Grants Authorized.--The Secretary may award grants to Indian 
tribes with lands adjacent to an international border of the United 
States that have been adversely affected by illegal immigration.
    (b) Use of Grant Funds.--Grants awarded under subsection (a) may be 
used for--
            (1) law enforcement activities;
            (2) health care services;
            (3) environmental restoration; and
            (4) the preservation of cultural resources.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives that--
            (1) describes the level of access of Border Patrol agents 
        on tribal lands;
            (2) describes the extent to which enforcement of 
        immigration laws may be improved by enhanced access to tribal 
        lands;
            (3) contains a strategy for improving such access through 
        cooperation with tribal authorities; and
            (4) identifies grants provided by the Department for Indian 
        tribes, either directly or through State or local grants, 
        relating to border security expenses.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for each of the fiscal years 
2008 through 2012 to carry out this section.

SEC. 221. ALTERNATIVES TO DETENTION.

    The Secretary shall conduct a study of--
            (1) the effectiveness of alternatives to detention, 
        including electronic monitoring devices and intensive 
        supervision programs, in ensuring alien appearance at court and 
        compliance with removal orders;
            (2) the effectiveness of the Intensive Supervision 
        Appearance Program and the costs and benefits of expanding that 
        program to all States; and
            (3) other alternatives to detention, including--
                    (A) release on an order of recognizance;
                    (B) appearance bonds; and
                    (C) electronic monitoring devices.

SEC. 222. STATE AND LOCAL ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

    (a) In General.--Section 287(g) (8 U.S.C. 1357(g)) is amended--
            (1) in paragraph (2), by adding at the end the following: 
        ``If such training is entered into by the officers of a State 
        or political subdivision of a State as a result of entering 
        into an agreement under this subsection, the costs incurred by 
        the State or political subdivision as a result of such 
        training, including applicable overtime costs, shall be 
        reimbursed by the Secretary of Homeland Security.''; and
            (2) in paragraph (4), by adding at the end the following: 
        ``The cost of any equipment required to be purchased under such 
        written agreement and necessary to perform a function under 
        this subsection shall be reimbursed by the Secretary of 
        Homeland Security.''.
    (b) Training Flexibility.--
            (1) In general.--The Secretary shall make training of State 
        and local law enforcement officers available through as many 
        means as possible, including--
                    (A) residential training at the Center for Domestic 
                Preparedness;
                    (B) onsite training held at State or local police 
                agencies or facilities;
                    (C) on-line training courses by computer, 
                teleconferencing, and videotape; or
                    (D) DVD of a training course or courses.
            (2) On-line training.--The head of the Distributed Learning 
        Program of the Federal Law Enforcement Training Center shall 
        make training available for State and local law enforcement 
        personnel through the Internet through a secure, encrypted 
        distributed learning system that has all its servers based in 
        the United States, is sealable, survivable, and is capable of 
        having a portal in place within 30 days.
            (3) Federal personnel training.--The training of State and 
        local law enforcement personnel under this section shall not 
        displace the training of Federal personnel.
    (c) Savings Provision.--Nothing in this Act or any other provision 
of law may be construed as making any immigration-related training a 
requirement for, or prerequisite to, any State or local law enforcement 
officer exercising the inherent authority of the officer to 
investigate, identify, apprehend, arrest, detain, or transfer to 
Federal custody illegal aliens during the normal course of carrying out 
the law enforcement duties of the officer.
    (d) Training Limitation.--Section 287(g) (8 U.S.C. 1357(g)) is 
amended--
            (1) by striking ``Attorney General'' each place that term 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (2), by adding at the end the following: 
        ``Such training shall not exceed 14 days or 80 hours, whichever 
        is longer.''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary such sums as may be necessary to carry 
out this section and the amendments made by this section.

SEC. 223. PROTECTING IMMIGRANTS FROM CONVICTED SEX OFFENDERS.

    (a) Immigrants.--Section 204(a)(1) (8 U.S.C. 1154(a)(1)), is 
amended--
            (1) in subparagraph (A), by amending clause (viii) to read 
        as follows:
    ``(viii) Clause (i) shall not apply to a citizen of the United 
States who has been convicted of an offense described in subparagraph 
(A), (I), or (K) of section 101(a)(43), unless the Secretary of 
Homeland Security, in the Secretary's sole and unreviewable discretion, 
determines that the citizen poses no risk to the alien with respect to 
whom a petition described in clause (i) is filed.''; and
            (2) in subparagraph (B)(i), by amending subclause (II) to 
        read as follows:
    ``(II) Subclause (I) shall not apply to an alien admitted for 
permanent residence who has been convicted of an offense described in 
subparagraph (A), (I), or (K) of section 101(a)(43), unless the 
Secretary of Homeland Security, in the Secretary's sole and 
unreviewable discretion, determines that the alien lawfully admitted 
for permanent residence poses no risk to the alien with respect to whom 
a petition described in subclause (I) is filed.''.
    (b) Nonimmigrants.--Section 101(a)(15)(K) (8 U.S.C. 
1101(a)(15)(K)), is amended by inserting ``(other than a citizen 
described in section 204(a)(1)(A)(viii))'' after ``citizen of the 
United States'' each place such term appears.

SEC. 224. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL 
              SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.

    (a) In General.--Title II (8 U.S.C. 1151 et. seq.) is amended by 
adding after section 240C the following:

``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL 
              SUBDIVISIONS AND TRANSFER OF ALIENS TO FEDERAL CUSTODY.

    ``(a) Authority.--The authority under section 287(g) of the 
Immigration and Nationality Act does not limit or replace the existing 
authority of a State or a political subdivision of a State to 
investigate, apprehend, arrest, detain, or transfer to Federal custody 
(including the transportation across State lines to detention centers) 
an unlawfully present or removable alien for the purpose of assisting 
in the enforcement of the immigration laws of the United States, 
including laws related to visa overstay, in the normal course of 
carrying out the law enforcement duties of such personnel.
    ``(b) Transfer.--If the head of a law enforcement entity of a 
State, or, if appropriate, a political subdivision of the State, 
exercising authority with respect to the apprehension or arrest of an 
alien submits a request to the Secretary of Homeland Security that the 
alien be taken into Federal custody, the Secretary--
            ``(1) shall--
                    ``(A) deem the request to include the inquiry to 
                verify immigration status described in section 642(c) 
                of the Illegal Immigration Reform and Immigrant 
                Responsibility Act of 1996 (8 U.S.C. 1373(c)), and 
                expeditiously inform the requesting entity whether such 
                individual is an alien lawfully admitted to the United 
                States or is otherwise lawfully present in the United 
                States; and
                    ``(B) if the individual is an alien who is not 
                lawfully admitted to the United States or otherwise is 
                not lawfully present in the United States--
                            ``(i) take the illegal alien into the 
                        custody of the Federal Government not later 
                        than 72 hours after--
                                    ``(I) the conclusion of the State 
                                charging process or dismissal process; 
                                or
                                    ``(II) the illegal alien is 
                                apprehended, if no State charging or 
                                dismissal process is required; or
                            ``(ii) request that the relevant State or 
                        local law enforcement agency temporarily detain 
                        or transport the alien to a location for 
                        transfer to Federal custody; and
            ``(2) shall designate at least 1 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 aliens to the Department of 
        Homeland Security.
    ``(c) Reimbursement.--
            ``(1) In general.--The Secretary of Homeland Security shall 
        reimburse a State, or a political subdivision of a State, for 
        expenses, as verified by the Secretary, incurred by the State 
        or political subdivision in the detention and transportation of 
        an alien as described in this section.
            ``(2) Cost computation.--Compensation provided for costs 
        incurred under this section shall be the sum of--
                    ``(A) the product of--
                            ``(i) the average daily 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
                            ``(ii) the number of days that the alien 
                        was in the custody of the State or political 
                        subdivision;
                    ``(B) the cost of transporting the alien from the 
                point of apprehension or arrest to the location of 
                detention, and if the location of detention and of 
                custody transfer are different, to the custody transfer 
                point; and
                    ``(C) the cost of uncompensated emergency medical 
                care provided to a detained alien during the period 
                between the time of transmittal of the request 
                described in this section and the time of transfer into 
                Federal custody.
    ``(d) Requirement for Appropriate Security.--The Secretary of 
Homeland Security shall ensure that--
            ``(1) aliens incarcerated in a Federal facility pursuant to 
        this section are held in facilities which provide an 
        appropriate level of security; and
            ``(2) if practicable, aliens detained solely for civil 
        violations of Federal immigration law are separated within a 
        facility or facilities.
    ``(e) Requirement for Schedule.--In carrying out this section, the 
Secretary of Homeland Security shall establish a regular circuit and 
schedule for the prompt transportation of apprehended aliens from the 
custody of those States, and political subdivisions of States, which 
routinely submit requests described this section, into Federal custody.
    ``(f) Authority for Contracts.--
            ``(1) In general.--The Secretary of Homeland Security may 
        enter into contracts or cooperative agreements with appropriate 
        State and local law enforcement and detention agencies to 
        implement this section.
            ``(2) Determination by secretary.--Before entering into a 
        contract or cooperative agreement with a State or political 
        subdivision of a State under paragraph (1), the Secretary shall 
        determine whether the State, or if appropriate, the political 
        subdivision in which the agencies are located, has in place any 
        formal or informal policy that violates section 642 of the 
        Illegal Immigration Reform and Immigrant Responsibility Act of 
        1996 (8 U.S.C. 1373). The Secretary shall not allocate any of 
        the funds made available under this section to any State or 
        political subdivision that has in place a policy that violates 
        such section.''.
    (b) Detention and Transportation to Federal Custody of Aliens Not 
Lawfully Present.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated $850,000,000 for fiscal year 2008 and for 
        each subsequent fiscal year for the detention and removal of 
        aliens not lawfully present in the United States under the 
        Immigration and Nationality Act.
            (2) Transportation and processing of illegal aliens 
        apprehended by state and local law enforcement.--
                    (A) In general.--The Secretary may provide 
                sufficient transportation and officers to take illegal 
                aliens apprehended by State and local law enforcement 
                officers into custody for processing at a detention 
                facility operated by the Department.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated such sums as may be 
                necessary for each of fiscal years 2008 through 2012 to 
                carry out this paragraph.
    (c) Authorization for Detention and Transportation After Completion 
of State or Local Prison Sentence.--
            (1) In general.--Law enforcement officers of a State or 
        political subdivision of a State may--
                    (A) hold an illegal alien for a period not to 
                exceed 14 days after the completion of the alien's 
                State prison sentence to effectuate the transfer of the 
                alien to Federal custody if the alien is removable or 
                not lawfully present in the United States;
                    (B) issue a detainer that would allow aliens who 
                have served a State prison sentence to be detained by 
                the State prison until authorized employees of the 
                Bureau of Immigration and Customs Enforcement can take 
                the alien into custody; or
                    (C) transport the alien (including the 
                transportation across State lines to detention centers) 
                to a location where transfer to Federal custody can be 
                effectuated.
            (2) Authorization of appropriations.--There are authorized 
        to be appropriated $500,000,000 per fiscal year to reimburse 
        the expenses incurred by State, or political subdivisions of a 
        State, in the detention or transportation of criminal aliens to 
        Federal custody.

SEC. 225. LAUNDERING OF MONETARY INSTRUMENTS.

    Section 1956(c)(7)(D) of title 18, United States Code, is amended--
            (1) by inserting ``section 1590 (relating to trafficking 
        with respect to peonage, slavery, involuntary servitude, or 
        forced labor),'' after ``section 1363 (relating to destruction 
        of property within the special maritime and territorial 
        jurisdiction),''; and
            (2) by inserting ``section 274(a) of the Immigration and 
        Nationality Act (8 U.S.C.1324(a)) (relating to bringing in and 
        harboring certain aliens),'' after ``section 590 of the Tariff 
        Act of 1930 (19 U.S.C. 1590) (relating to aviation 
        smuggling),''.

SEC. 226. COOPERATIVE ENFORCEMENT PROGRAMS.

    Not later than 2 years after the date of the enactment of this Act, 
the Secretary shall negotiate and execute, where practicable, a 
cooperative enforcement agreement described in section 287(g) of the 
Immigration and Nationality Act (8 U.S.C. 1357(g)) with at least 1 law 
enforcement agency in each State, to train law enforcement officers in 
the detection and apprehension of individuals engaged in transporting, 
harboring, sheltering, or encouraging aliens in violation of section 
274 of such Act (8 U.S.C. 1324).

SEC. 227. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER SYSTEM.

    Not later than 60 days after the date of the enactment of this Act, 
the Attorney General shall issue a directive to expand the Justice 
Prisoner and Alien Transfer System (referred to in this section as the 
``System'') to provide additional services with respect to aliens who 
are illegally present in the United States, including--
            (1) increasing the daily operations of the System with 
        buses and air hubs in 3 geographic regions;
            (2) allocating a set number of seats for such aliens for 
        each metropolitan area;
            (3) allowing metropolitan areas to trade or give some of 
        seats allocated to them under the System for such aliens to 
        other areas in their region based on the transportation needs 
        of each area; and
            (4) requiring an annual report that analyzes of the number 
        of seats that each metropolitan area is allocated under the 
        System for such aliens and modifies such allocation if 
        necessary.

SEC. 228. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.

    (a) In General.--Pursuant to the authority under section 994 of 
title 28, United States Code, the United States Sentencing Commission 
shall promulgate or amend the sentencing guidelines, policy statements, 
and official commentaries related to immigration-related offenses, 
including the offenses described in chapter 75 of title 18, United 
States Code, to reflect the serious nature of such offenses and the 
amendments made by this Act.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the United States Sentencing Commission shall submit to 
the Committee on the Judiciary of the Senate and the Committee on the 
Judiciary of the House of Representatives a report on the 
implementation of this section.

SEC. 229. CANCELLATION OF VISAS.

    Section 222(g) (8 U.S.C. 1202(g)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Attorney General'' and inserting 
                ``Secretary'';
                    (B) by inserting ``or otherwise violated any of the 
                terms of the nonimmigrant classification in which the 
                alien was admitted,'' before ``such visa''; and
                    (C) by inserting ``and any other nonimmigrant visa 
                issued by the United States that is in the possession 
                of the alien'' after ``such visa''; and
            (2) in paragraph (2)(A), by striking ``(other than the visa 
        described in paragraph (1)) issued in a consular office located 
        in the country of the alien's nationality'' and inserting 
        ``(other than a visa described in paragraph (1)) issued in a 
        consular office located in the country of the alien's 
        nationality or foreign residence''.

SEC. 230. JUDICIAL REVIEW OF VISA REVOCATION.

    (a) In General.--Section 221(i) of the Immigration and Nationality 
Act (8 U.S.C. 1201(i)) is amended by striking ``There shall be no means 
of judicial review'' and all that follows and inserting the following: 
``Notwithstanding any other provision of law (statutory or 
nonstatutory), including section 2241 of title 28, United States Code, 
any other habeas corpus provision, and sections 1361 and 1651 of such 
title, a revocation under this subsection may not be reviewed by any 
court, and no court shall have jurisdiction to hear any claim arising 
from, or any challenge to, such a revocation, provided that the 
revocation is executed by the Secretary.''.
    (b) Effective Date.--The amendment made by subsection (a) shall--
            (1) take effect on the date of the enactment of this Act; 
        and
            (2) apply to all revocations made on or after such date.

SEC. 231. TERRORIST BAR TO GOOD MORAL CHARACTER.

    (a) Definition of Good Moral Character.--Section 101(f) (8 U.S.C. 
1101(f)) is amended--
            (1) by inserting after paragraph (1) the following:
            ``(2) one who the Secretary of Homeland Security or the 
        Attorney General determines, in the unreviewable discretion of 
        the Secretary or the Attorney General, to have been an alien 
        described in section 212(a)(3) or 237(a)(4), which 
        determination--
                    ``(A) may be based upon any relevant information or 
                evidence, including classified, sensitive, or national 
                security information; and
                    ``(B) shall be binding upon any court regardless of 
                the applicable standard of review;'';
            (2) in paragraph (8), by striking the period at the end and 
        inserting the following: ``, regardless whether the crime was 
        classified as an aggravated felony at the time of conviction, 
        provided that, the Secretary of Homeland Security or Attorney 
        General may in the unreviewable discretion of the Secretary or 
        the Attorney General, determine that this paragraph shall not 
        apply in the case of a single aggravated felony conviction 
        (other than murder, manslaughter, rape, or any sex offense when 
        the victim of such sex offense was a minor) for which 
        completion of the term of imprisonment or the sentence 
        (whichever is later) occurred 10 or more years before the date 
        of application;'' after ``(as defined in subsection (a)(43)); 
        or'';
            (3) by moving paragraph (9) before the undesignated matter 
        following paragraph (8); and
            (4) in the undesignated matter following paragraph (9)--
                    (A) by striking the first sentence and inserting 
                the following: ``The fact that any person is not within 
                any of the foregoing classes shall not preclude a 
                discretionary finding for other reasons that such a 
                person is or was not of good moral character. The 
                Secretary or the Attorney General shall not be limited 
                to the applicant's conduct during the period for which 
                good moral character is required, but may take into 
                consideration as a basis for determination the 
                applicant's conduct and acts at any time.''; and
                    (B) by striking ``; or'' at the end and inserting a 
                period.
    (b) Aggravated Felons.--Section 509(b) of the Immigration Act of 
1990 (8 U.S.C. 1101 note) is amended by striking ``convictions'' and 
all that follows and inserting ``convictions occurring before, on or 
after such date.''.
    (c) Effective Date.--The amendments made by subsections (a) and (b) 
shall take effect on the date of the enactment of this Act, shall apply 
to any act that occurred before, on, or after such date of enactment, 
and shall apply to any application for naturalization or any other 
benefit or relief, or any other case or matter under the immigration 
laws pending on or filed after such date of enactment.
    (d) Naturalization of Persons Endangering National Security.--
            (1) In general.--Section 316 (8 U.S.C. 1427) is amended by 
        adding at the end the following:
    ``(g) Persons Endangering National Security.--No person may be 
naturalized if the Secretary of Homeland Security determines that the 
person has been an alien described in section 212(a)(3) or 237(a)(4). 
Such determination may be based upon any relevant information or 
evidence, including classified, sensitive, or national security 
information, and shall be binding upon, and unreviewable by, any court 
exercising jurisdiction, under the immigration laws of the United 
States, over any application for naturalization, regardless of the 
applicable standard of review.''.
            (2) Concurrent naturalization and removal proceedings.--
        Section 318 (8 U.S.C. 1429) is amended by striking ``; and no 
        application'' and all that follows and inserting the following: 
        ``No application for naturalization shall be considered by the 
        Secretary of Homeland Security or by any court if there is 
        pending against the applicant any removal proceedings or other 
        proceeding to determine the applicant's inadmissibility or 
        deportability, or to determine whether the applicant's lawful 
        permanent resident status should be rescinded, regardless of 
        when such proceedings was commenced. The findings of the 
        Attorney General in terminating removal proceedings or in 
        canceling the removal of an alien under this Act shall not be 
        binding in any way upon the Secretary of Homeland Security with 
        respect to the question of whether such person has established 
        his eligibility for naturalization under this title.''.
            (3) Pending denaturalization or removal proceedings.--
        Section 240(b) (8 U.S.C. 1154(b)) is amended by adding at the 
        end the following:
            ``(8) Limitation while proceeding is pending.--No petition 
        may be approved under this section if there is any 
        administrative or judicial proceeding pending against the 
        petitioner that could directly or indirectly result in the 
        petitioner's denaturalization or the loss of the petitioner's 
        lawful permanent resident status.''.
            (4) Conditional permanent resident.--Sections 216(e) and 
        216A(e) (8 U.S.C. 1186a(e) and 1186b(e)) are each amended by 
        inserting ``, if the alien has had the conditional basis 
        removed pursuant to this section'' before the period at the end 
        of each such subsection.
            (5) District court jurisdiction.--Section 336(b) (8 U.S.C. 
        1447(b)) is amended to read as follows:
    ``(b) If there is a failure to render a final administrative 
decision under section 335 before the end of the 180-day period 
beginning on the date on which the Secretary of Homeland Security 
completes all examinations and interviews conducted under such section, 
the applicant may apply to the district court for the district in which 
the applicants resides for a hearing on the matter. Such court shall 
only have jurisdiction to review the basis for delay and remand the 
matter to the Secretary of Homeland Security for the Secretary's 
determination on the application.''.
            (6) Conforming amendment.--Section 310(c) (8 U.S.C. 
        1421(c)) is amended--
                    (A) by inserting ``, not later than 120 days after 
                the Secretary of Homeland Security's final 
                determination,'' before ``seek''; and
                    (B) by striking ``Such review'' and all that 
                follows and inserting the following: ``The petitioner 
                shall have the burden to show that the Secretary's 
                denial of the application was not supported by facially 
                legitimate and bona fide reasons. Except in a 
                proceeding under section 340, and notwithstanding any 
                other provision of law (statutory or nonstatutory), 
                including section 2241 of title 28, United States Code, 
                any other habeas corpus provision, and sections 1361 
                and 1651 of such title, no court shall have 
                jurisdiction to determine, or to review a determination 
                of the Secretary made at any time regarding, whether, 
                for purposes of an application for naturalization, an 
                alien--
            ``(1) is a person of good moral character;
            ``(2) understands and is attached to the principles of the 
        Constitution of the United States; or
            ``(3) is well disposed to the good order and happiness of 
        the United States.''.
            (7) Effective date.--The amendments made by this 
        subsection--
                    (A) shall take effect on the date of the enactment 
                of this Act;
                    (B) shall apply to any act that occurred before, 
                on, or after such date of enactment; and
                    (C) shall apply to any application for 
                naturalization or any other case or matter under 
                Federal immigration law that is pending on, or filed 
                after, such date of enactment.

SEC. 232. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF AGGRAVATED 
              FELONIES OR OTHER SERIOUS OFFENSES.

    (a) Inadmissibility on Criminal and Related Grounds; Waivers.--
Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended--
            (1) in subparagraph (A)(i), as amended by this title, by 
        inserting after subclause (IV) the following:
                                    ``(V) a violation of (or a 
                                conspiracy or attempt to violate) an 
                                offense described in section 208 of the 
                                Social Security Act (42 U.S.C. 408) 
                                (relating to social security account 
                                numbers or social security cards) or 
                                section 1028 of title 18, United States 
                                Code (relating to fraud and related 
                                activity in connection with 
                                identification documents, 
                                authentication features, and 
                                information),''; and
            (2) by adding at the end the following:
                    ``(M) Citizenship fraud.--Any alien convicted of, 
                or who admits having committed, or who admits 
                committing acts which constitute the essential elements 
                of, a violation of, or an attempt or conspiracy to 
                violate, subsection (a) or (b) of section 1425 of title 
                18, United States Code (relating to the procurement of 
                citizenship or naturalization unlawfully), is 
                inadmissible.
                    ``(N) Aggravated felons.--Any alien who has been 
                convicted of an aggravated felony at any time is 
                inadmissible.''.
    (b) Deportability; Criminal Offenses.--Section 237(a)(3)(B) (8 
U.S.C. 1227(a)(3)(B)) is amended--
            (1) in clause (i), by striking the comma at the end and 
        inserting a semicolon;
            (2) in clause (ii), by striking ``, or'' at the end and 
        inserting a semicolon;
            (3) in clause (iii), by striking the comma at the end and 
        inserting ``; or''; and
            (4) by inserting after clause (iii) the following:
                            ``(iv) of a violation of, or an attempt or 
                        conspiracy to violate, subsection (a) or (b) of 
                        section 1425 of title 18 (relating to 
                        procurement of citizenship or naturalization 
                        unlawfully),''.
    (c) Deportability; Criminal Offenses.--Section 237(a)(2) (8 U.S.C. 
1227(a)(2)) is amended by adding at the end the following:
                    ``(H) Identification fraud.--Any alien who is 
                convicted of a violation of (or a conspiracy or attempt 
                to violate) an offense described in section 208 of the 
                Social Security Act (42 U.S.C. 408) (relating to social 
                security account numbers or social security cards) or 
                section 1028 of title 18, United States Code (relating 
                to fraud and related activity in connection with 
                identification), is deportable.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to--
            (1) any act that occurred before, or, or after the date of 
        the enactment of this Act;
            (2) all aliens who are required to establish admissibility 
        on or after such date; and
            (3) all removal, deportation, or exclusion proceedings that 
        are filed, pending, or reopened, on or after such date.

SEC. 233. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.

    (a) Asylum.--Section 208(b)(2)(A) (8 U.S.C. 1158(b)(2)(A)) is 
amended--
            (1) by inserting ``or the Secretary of Homeland Security'' 
        after ``if the Attorney General''; and
            (2) by amending clause (v) to read as follows:
                            ``(v) the alien is described in 
                        subparagraph (B)(i) or (F) of section 
                        212(a)(3), unless the alien is described in 
                        section 212(a)(3)(B)(i)(IX) and the Attorney 
                        General or the Secretary of Homeland Security 
                        determines that there are not reasonable 
                        grounds for regarding the alien as a danger to 
                        the security of the United States; or''.
    (b) Conforming Amendment.--Section 212(a)(3)(B)(ii) (8 U.S.C. 
1182(a)(3)(B)(ii)) is amended by striking ``(VII) of clause (i) does'' 
and inserting ``(IX) of clause (i) shall''.
    (c) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C. 
1229b(c)(4)) is amended--
            (1) by striking ``inadmissible under'' and inserting 
        ``described in''; and
            (2) by striking ``deportable under'' and inserting 
        ``described in''.
    (d) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C. 
1229c(b)(1)(C)) is amended by striking ``deportable under section 
237(a)(2)(A)(iii) or section 237(a)(4)'' and inserting ``described in 
paragraph (2)(A)(iii) or (4) of section 237(a)''.
    (e) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C. 
1231(b)(3)(B)) is amended--
            (1) by inserting ``or the Secretary of Homeland Security'' 
        after ``Attorney General'' each place such term appears;
            (2) in clause (iii), by striking ``or'' at the end;
            (3) in clause (iv), by striking the period at the end and 
        inserting ``; or'';
            (4) by inserting after clause (iv) the following:
                            ``(v) the alien is described in 
                        subparagraph (B)(i) or (F) of section 
                        212(a)(3), unless, in the case of an alien 
                        described in section 212(a)(3)(B)(i)(IX), the 
                        Secretary of Homeland Security or the Attorney 
                        General determines that there are not 
                        reasonable grounds for regarding the alien as a 
                        danger to the security of the United States.''; 
                        and
            (5) in the undesignated matter at the end, by striking 
        ``For purposes of clause (iv), an alien who is described in 
        section 237(a)(4)(B) shall be considered to be an alien with 
        respect to whom there are reasonable grounds for regarding as a 
        danger to the security of the United States.''.

SEC. 234. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR NATIONAL 
              SECURITY PURPOSES.

    (a) Special Agricultural Workers.--Section 210(b)(6) (8 U.S.C. 
1160(b)(6)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (A), by striking ``Justice'' and 
        inserting ``Homeland Security'';
            (3) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (4) by inserting after subparagraph (B) the following:
                    ``(C) Authorized disclosures.--
                            ``(i) Census purpose.--The Secretary of 
                        Homeland Security may provide, in the 
                        discretion of the Secretary, or at the request 
                        of the Attorney General, information furnished 
                        under this section in the same manner and 
                        circumstances as census information may be 
                        disclosed under section 8 of title 13, United 
                        States Code.
                            ``(ii) National security purpose.--The 
                        Secretary of Homeland Security may, in the 
                        discretion of the Secretary, use, publish, or 
                        release information furnished under this 
                        section to support any investigation, case, or 
                        matter, or for any purpose, relating to 
                        terrorism, national intelligence, or the 
                        national security.''; and
            (5) in subparagraph (D), as redesignated, by striking 
        ``Service'' and inserting ``Department of Homeland Security''.
    (b) Adjustment of Status Under the Immigration Reform and Control 
Act of 1986.--Section 245A(c)(5) (8 U.S.C. 1255a(c)(5)) is amended--
            (1) by striking ``Attorney General'' each place such term 
        appears and inserting ``Secretary of Homeland Security'';
            (2) in subparagraph (A), by striking ``Justice'' and 
        inserting ``Homeland Security'';
            (3) by amending subparagraph (C) to read as follows:
                    ``(C) Authorized disclosures.--
                            ``(i) Census purpose.--The Secretary of 
                        Homeland Security may provide, in the 
                        discretion of the Secretary, information 
                        furnished under this section in the same manner 
                        and circumstances as census information may be 
                        disclosed under section 8 of title 13, United 
                        States Code.
                            ``(ii) National security purpose.--The 
                        Secretary of Homeland Security may, in the 
                        discretion of the Secretary, use, publish, or 
                        release information furnished under this 
                        section to support any investigation, case, or 
                        matter, or for any purpose, relating to 
                        terrorism, national intelligence, or the 
                        national security.''; and
            (4) in subparagraph (D), by striking ``Service'' and 
        inserting ``Department of Homeland Security''.

SEC. 235. DEFINITION OF RACKETEERING ACTIVITY.

    Section 1961(1) of title 18, United States Code, is amended by 
striking ``section 1542'' and all that follows through ``section 1546 
(relating to fraud and misuse of visas, permits, and other documents)'' 
and inserting ``sections 1541 through 1548 (relating to passport, visa, 
and immigration fraud)''.

SEC. 236. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT REPATRIATION OF 
              THEIR NATIONALS.

    Section 243(d) (8 U.S.C. 1253(d)) is amended to read as follows:
    ``(d) Discontinuing Granting Visas to Nationals of Countries That 
Deny or Delay Accepting Aliens.--Notwithstanding section 221(c), if the 
Secretary of Homeland Security determines that the government of a 
foreign country denies or unreasonably delays accepting aliens who are 
citizens, subjects, nationals, or residents of that country after the 
Secretary asks whether the government will accept an alien under this 
section, or after a determination that the alien is inadmissible under 
paragraph (6) or (7) of section 212(a)--
            ``(1) the Secretary of State, upon notification from the 
        Secretary of Homeland Security of such denial or delay to 
        accept aliens under circumstances described in this section, 
        shall order consular officers in that foreign country to 
        discontinue granting immigrant visas, nonimmigrant visas, or 
        both, to citizens, subjects, nationals, and residents of that 
        country until the Secretary of Homeland Security notifies the 
        Secretary of State that the country has accepted the aliens;
            ``(2) the Secretary of Homeland Security may deny admission 
        to any citizens, subjects, nationals, and residents from that 
        country; and
            ``(3) the Secretary of Homeland Security may impose 
        limitations, conditions, or additional fees on the issuance of 
        visas or travel from that country and any other sanctions 
        authorized by law.''.

SEC. 237. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

    (a) Limitation on Civil Actions.--No court may certify a class 
under Rule 23 of the Federal Rules of Civil Procedure in any civil 
action pertaining to the administration or enforcement of the 
immigration laws of the United States that is filed after the date of 
the enactment of this Act.
    (b) Requirements for an Order Granting Prospective Relief Against 
the Government.--
            (1) In general.--If a court determines that prospective 
        relief should be ordered against the Government in any civil 
        action pertaining to the administration or enforcement of the 
        immigration laws of the United States, the court shall--
                    (A) limit the relief to the minimum necessary to 
                correct the violation of law;
                    (B) adopt the least intrusive means to correct the 
                violation of law;
                    (C) minimize, to the greatest extent practicable, 
                the adverse impact on national security, border 
                security, immigration administration and enforcement, 
                and public safety; and
                    (D) provide for the expiration of the relief on a 
                specific date, which allows for the minimum practical 
                time needed to remedy the violation.
            (2) Written explanation.--The requirements described in 
        subsection (1) shall be--
                    (A) discussed and explained in writing in the order 
                granting prospective relief; and
                    (B) sufficiently detailed to allow review by 
                another court.
            (3) Expiration of preliminary injunctive relief.--
        Preliminary injunctive relief shall automatically expire on the 
        date that is 90 days after the date on which such relief is 
        entered, unless the court--
                    (A) makes the findings required under paragraph (1) 
                for the entry of permanent prospective relief; and
                    (B) makes the order final before expiration of such 
                90-day period.
            (4) Requirements for order denying motion.--This subsection 
        shall apply to any order denying the Government's motion to 
        vacate, modify, dissolve, or otherwise terminate an order 
        granting prospective relief in any civil action pertaining to 
        the administration or enforcement of the immigration laws of 
        the United States.
    (c) Procedure for Motion Affecting Order Granting Prospective 
Relief Against the Government.--
            (1) In general.--A court shall promptly rule on the 
        Government's motion to vacate, modify, dissolve, or otherwise 
        terminate an order granting prospective relief in any civil 
        action pertaining to the administration or enforcement of the 
        immigration laws of the United States.
            (2) Automatic stays.--
                    (A) In general.--The Government's motion to vacate, 
                modify, dissolve, or otherwise terminate an order 
                granting prospective relief made in any civil action 
                pertaining to the administration or enforcement of the 
                immigration laws of the United States shall 
                automatically, and without further order of the court, 
                stay the order granting prospective relief on the date 
                that is 15 days after the date on which such motion is 
                filed unless the court previously has granted or denied 
                the Government's motion.
                    (B) Duration of automatic stay.--An automatic stay 
                under subparagraph (A) shall continue until the court 
                enters an order granting or denying the Government's 
                motion.
                    (C) Postponement.--The court, for good cause, may 
                postpone an automatic stay under subparagraph (A) for 
                not longer than 15 days.
                    (D) Automatic stays during remands from higher 
                courts.--If a higher court remands a decision on a 
                motion subject to this section to a lower court, the 
                order granting prospective relief which is the subject 
                of the motion shall be automatically stayed until the 
                district court enters an order granting or denying the 
                Government's motion.
                    (E) Orders blocking automatic stays.--Any order 
                staying, suspending, delaying, or otherwise barring the 
                effective date of the automatic stay described in 
                subparagraph (A), other than an order to postpone the 
                effective date of the automatic stays for not longer 
                than 15 days under subparagraph (C), shall be--
                            (i) treated as an order refusing to vacate, 
                        modify, dissolve or otherwise terminate an 
                        injunction; and
                            (ii) immediately appealable under section 
                        1292(a)(1) of title 28, United States Code.
            (3) Pending motions.--
                    (A) Not more than 45 days.--For purposes of this 
                subsection, any motion, which has been pending for not 
                more than 45 days on the date of the enactment of this 
                Act, shall be treated as if it had been filed on such 
                date of enactment.
                    (B) More than 45 days.--Every motion to vacate, 
                modify, dissolve or otherwise terminate an order 
                granting prospective relief in any civil action 
                pertaining to the administration or enforcement of the 
                immigration laws of the United States, which has been 
                pending for more than 45 days on the date of enactment 
                of this Act, and remains pending on the tenth day after 
                such date of enactment, shall result in an automatic 
                stay, without further order of the court, of the 
                prospective relief that is the subject of any such 
                motion. An automatic stay pursuant to this subsection 
                shall continue until the court enters an order granting 
                or denying the Government's motion. No further 
                postponement of any such automatic stay pursuant to 
                this subsection shall be available under paragraph 
                (2)(C).
    (d) Additional Rules Concerning Prospective Relief Affecting 
Expedited Removal.---
            (1) Judicial review.--Except as expressly provided under 
        section 242(e) of the Immigration and Nationality Act (8 U.S.C. 
        1252(e)) and notwithstanding any other provision of law 
        (statutory or nonstatutory), including section 2241 of title 
        28, United States Code, 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 
        implementation of, section 235(b)(1) of such Act (8 U.S.C. 
        1225(b)(1)).
            (2) Government motion.--Upon the Government's filing of a 
        motion to vacate, modify, dissolve, or otherwise terminate an 
        order granting prospective relief in a civil action identified 
        in subsection (b), the court shall promptly--
                    (A) decide whether the court continues to have 
                jurisdiction over the matter; and
                    (B) vacate any order or part of an order granting 
                prospective relief that is not within the jurisdiction 
                of the court.
            (3) Applicability.--Paragraphs (1) and (2) shall not apply 
        to the extent that an order granting prospective relief was 
        entered before the date of the enactment of this Act and such 
        prospective relief is necessary to remedy the violation of a 
        right guaranteed by the United States Constitution.
    (e) Settlements.--
            (1) Consent decrees.--In any civil action pertaining to the 
        administration or enforcement of the immigration laws of the 
        United States, the court may not enter, approve, or continue a 
        consent decree that does not comply with subsection (b).
            (2) Private settlement agreements.--Nothing in this section 
        shall preclude parties from entering into a private settlement 
        agreement that does not comply with subsection (b) if the terms 
        of that agreement are not subject to court enforcement other 
        than reinstatement of the civil proceedings that the agreement 
        settled.
    (f) Definitions.--In this section:
            (1) Consent decree.--The term ``consent decree''--
                    (A) means any relief entered by the court that is 
                based in whole or in part on the consent or 
                acquiescence of the parties; and
                    (B) does not include private settlements.
            (2) Good cause.--The term ``good cause'' does not include 
        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 that is not subject to judicial enforcement other 
        than the reinstatement of the civil action that the agreement 
        settled.
            (6) Prospective relief.--The term ``prospective relief'' 
        means temporary, preliminary, or permanent relief other than 
        compensatory monetary damages.
    (g) Expedited Proceedings.--It shall be the duty of every court to 
advance on the docket and to expedite the disposition of any civil 
action or motion considered under this section.
    (h) Application of Amendment.--This section shall apply with 
respect to all orders granting prospective relief in any civil action 
pertaining to the administration or enforcement of the immigration laws 
of the United States, whether such relief was ordered before, on, or 
after the date of the enactment of this Act.
    (i) Severability.--If any provision of this section or the 
application of such provision to any person or circumstance is found to 
be unconstitutional, the remainder of this section and the application 
of the provisions of this section to any person or circumstance shall 
not be affected by such finding.

SEC. 238. REPORTING REQUIREMENTS.

    (a) Clarifying Address Reporting Requirements.--Section 265 (8 
U.S.C. 1305) is amended--
            (1) in subsection (a)--
                    (A) by striking ``notify the Attorney General in 
                writing'' and inserting ``submit written or electronic 
                notification to the Secretary of Homeland Security, in 
                a manner approved by the Secretary,'';
                    (B) by striking ``the Attorney General may require 
                by regulation'' and inserting ``the Secretary may 
                require''; and
                    (C) by adding at the end the following: ``If the 
                alien is involved in a proceeding before an immigration 
                judge or in an administrative appeal of such 
                proceeding, the alien shall submit to the Attorney 
                General the alien's current address and a telephone 
                number, if any, at which the alien may be contacted.'';
            (2) in subsection (b), by striking ``Attorney General'' 
        each place such term appears and inserting ``Secretary of 
        Homeland Security'';
            (3) in subsection (c), by striking ``given to such parent'' 
        and inserting ``given by such parent''' and
            (4) by adding at the end the following:
    ``(d)(1) Except as otherwise provided by the Secretary under 
paragraph (2), an address provided by an alien under this section--
            ``(A) shall be alien's current residential mailing address; 
        and
            ``(B) may not be a post office box, another non-residential 
        mailing address, or the address of an attorney, representative, 
        labor organization, or employer.
    ``(2) The Secretary may provide specific requirements with respect 
to--
            ``(A) designated classes of aliens and special 
        circumstances, including aliens who are employed at a remote 
        location; and
            ``(B) the reporting of address information by aliens who 
        are incarcerated in a Federal, State, or local correctional 
        facility.
    ``(3) An alien who is being detained by the Secretary under this 
Act--
            ``(A) is not required to report the alien's current address 
        under this section while the alien remains in detention; and
            ``(B) shall notify the Secretary of the alien's address 
        under this section at the time of the alien's release from 
        detention.
    ``(e)(1) Notwithstanding any other provision of law, the Secretary 
may provide for the appropriate coordination and cross-referencing of 
address information provided by an alien under this section with other 
information relating to the alien's address under other Federal 
programs, including--
            ``(A) any information pertaining to the alien, which is 
        submitted in any application, petition, or motion filed under 
        this Act with the Secretary of Homeland Security, the Secretary 
        of State, or the Secretary of Labor;
            ``(B) any information available to the Attorney General 
        with respect to an alien in a proceeding before an immigration 
        judge or an administrative appeal or judicial review of such 
        proceeding;
            ``(C) any information collected with respect to 
        nonimmigrant foreign students or exchange program participants 
        under section 641 of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (8 U.S.C. 1372); and
            ``(D) any information collected from State or local 
        correctional agencies pursuant to the State Criminal Alien 
        Assistance Program.
    ``(2) The Secretary may rely on the most recent address provided by 
the alien under this section or section 264 to send to the alien any 
notice, form, document, or other matter pertaining to Federal 
immigration laws, including service of a notice to appear. The Attorney 
General and the Secretary may rely on the most recent address provided 
by the alien under section 239(a)(1)(F) to contact the alien about 
pending removal proceedings.
    ``(3) The alien's provision of an address for any other purpose 
under the Federal immigration laws does not excuse the alien's 
obligation to submit timely notice of the alien's address to the 
Secretary under this section (or to the Attorney General under section 
239(a)(1)(F) with respect to an alien in a proceeding before an 
immigration judge or an administrative appeal of such proceeding).''.
    (b) Conforming Changes With Respect to Registration Requirements.--
Chapter 7 of title II (8 U.S.C. 1301 et seq.) is amended--
            (1) in section 262(c), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security'';
            (2) in section 263(a), by striking ``Attorney General'' and 
        inserting ``Secretary of Homeland Security''; and
            (3) in section 264--
                    (A) in subsections (a), (b), (c), and (d), by 
                striking ``Attorney General'' each place it appears and 
                inserting ``Secretary of Homeland Security''; and
                    (B) in subsection (f)--
                            (i) by striking ``Attorney General is 
                        authorized'' and inserting ``Secretary of 
                        Homeland Security and Attorney General are 
                        authorized''; and
                            (ii) by striking ``Attorney General or the 
                        Service'' and inserting ``Secretary or the 
                        Attorney General''.
    (c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b)(1) Any alien or any parent or legal guardian in the United 
States of a minor alien who fails to notify the Secretary of Homeland 
Security of the alien's current address in accordance with section 265 
shall be fined under title 18, United States Code, imprisoned for not 
more than 6 months, or both.
    ``(2) Any alien who violates section 265 (regardless of whether the 
alien is punished under paragraph (1)) and does not establish to the 
satisfaction of the Secretary that such failure was reasonably 
excusable or was not willful shall be taken into custody in connection 
with removal of the alien. If the aliens has not been inspected or 
admitted, or if the alien has failed on more than 1 occasion to submit 
notice of the alien's current address as required under section 265, 
the aliens may be presumed to be flight risk.
    ``(3) The Secretary or the Attorney General, in considering any 
form of relief from removal which may be granted in the discretion of 
the Secretary or the Attorney General, may take into consideration the 
alien's failure to comply with section 265 as a separate negative 
factor. If the aliens failed to comply with the requirements of section 
265 after becoming subject to a final order of removal, deportation, or 
exclusion, the alien's failure shall be considered as a strongly 
negative factor with respect to any discretionary motion for reopening 
or reconsideration filed by the alien.'';
            (2) in subsection (c), by inserting ``or a notice of 
        current address'' before ``containing statements''; and
            (3) in subsections (c) and (d), by striking ``Attorney 
        General'' each place it appears and inserting ``Secretary''.
    (d) Effective Date.--
            (1) In general.--Except as provided under paragraph (2),the 
        amendments made by this section shall apply to proceedings 
        initiated on or after the date of the enactment of this Act.
            (2) Conforming and technical amendments.--The amendments 
        made by paragraphs (1)(A), (1)(B), (2), and (3) of subsection 
        (a) are effective as if enacted on March 1, 2003.

SEC. 239. WITHHOLDING OF REMOVAL.

    (a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is 
amended--
            (1) in subparagraph (A), by adding at the end the 
        following: ``The alien has the burden of proof to establish 
        that the alien's life or freedom would be threatened in such 
        country, and that race, religion, nationality, membership in a 
        particular social group, or political opinion would be at least 
        1 central reason for such threat.''; and
            (2) in subparagraph (C), by striking ``In determining 
        whether an alien has demonstrated that the alien's life or 
        freedom would be threatened for a reason described in 
        subparagraph (A)'' and inserting ``For purposes of this 
        paragraph''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if enacted on May 11, 2005, and shall apply to 
applications for withholding of removal made on or after such date.

SEC. 240. PRECLUDING REFUGEES AND ASYLEES WHO HAVE BEEN CONVICTED OF 
              AGGRAVATED FELONIES FROM ADJUSTMENT TO LEGAL PERMANENT 
              RESIDENT STATUS.

    (a) In General.--Section 209(c) (8 U.S.C. 1159(c)) is amended--
            (1) by inserting ``(1)'' before ``The provisions''; and
            (2) by adding at the end the following:
    ``(2) An alien who is convicted of an aggravated felony is not 
eligible for a waiver under paragraph (1) or for adjustment of status 
under this section.''.
    (b) Applicability.--The amendment made by subsection (a) shall 
apply with respect to--
            (1) any act that occurred before, on, or after the date of 
        the enactment of this Act;
            (2) all aliens who are required to establish admissibility 
        on or after such date; and
            (3) all removal, deportation, or exclusion proceedings that 
        are filed, pending, or reopened, on or after such date.

SEC. 241. JUDICIAL REVIEW OF DISCRETIONARY DETERMINATIONS AND REMOVAL 
              ORDERS RELATING TO CRIMINAL ALIENS.

    (a) Denial of Relief.--Section 242(a)(2)(B) (8 U.S.C. 
1252(a)(2)(B)) is amended to read as follows:
                    ``(B) Denial of discretionary relief and certain 
                other relief.--Except as provided under subparagraph 
                (D), and notwithstanding any other provision of law 
                (statutory or nonstatutory), including section 2241 of 
                title 28, any other habeas corpus provision, and 
                sections 1361 and 1651 of such title, and regardless of 
                whether the individual determination, decision, or 
                action is made in removal proceedings, no court shall 
                have jurisdiction to review--
                            ``(i) an individual determination regarding 
                        the granting of status or relief under section 
                        212(h), 212(i), 240A, 240B, or 245; or
                            ``(ii) any discretionary decision or action 
                        of the Attorney General or the Secretary of 
                        Homeland Security under this Act or the 
                        regulations promulgated under this Act, other 
                        than the granting of relief under section 
                        208(a), regardless of whether such decision or 
                        action is guided or informed by standards or 
                        guidelines, regulatory, statutory, or 
                        otherwise.''.
    (b) Final Order of Removal.--Section 242(a)(2)(C) (8 U.S.C. 
1252(a)(2)(C)) is amended to read as follows:
                    ``(C) Except as provided under subparagraph (D), 
                and notwithstanding any other provision of law 
                (statutory or nonstatutory), including section 2241 of 
                title 28, any other habeas corpus provision, and 
                sections 1361 and 1651 of such title, no court shall 
                have jurisdiction to review any final order of removal 
                (regardless of whether relief or protection was denied 
                on the basis of the alien's having committed a criminal 
                offense) against an alien who is removable for 
                committing a criminal offense under subparagraph 
                (A)(iii), (B), (C), or (D) of section 237(a)(2) or any 
                offense under section 237(a)(2)(A)(ii) for which both 
                predicate offenses are, without regard to their date of 
                commission, described in section 237(a)(2)(A)(i).''.

SEC. 242. INFORMATION SHARING BETWEEN FEDERAL AND LOCAL LAW ENFORCEMENT 
              OFFICERS.

    (a) Requirement for Information Sharing.--No person or agency may 
prohibit a Federal, State, or local government entity from acquiring 
information regarding the immigration status of any individual if the 
entity seeking such information has probable cause to believe that the 
individual is removable or not lawfully present in the United States.
    (b) Rule of Construction.--Nothing in this section may be 
construed--
            (1) to limit the acquisition of information as otherwise 
        provided by law; or
            (2) to require a person to disclose information regarding 
        an individual's immigration status before receiving medical 
        services or seeking law enforcement assistance.

SEC. 243. FRAUD PREVENTION PROGRAM.

    Notwithstanding any other provision of this Act, the head of each 
department responsible for the administration of a program or authority 
to confer an immigration benefit, relief, or status under this Act 
shall, subject to available appropriations, develop an administrative 
program to prevent fraud within or upon such program or authority. Such 
program shall provide for fraud prevention training for the relevant 
administrative adjudicators within the department and such other 
measures as the head of the department may provide.

                    Subtitle B--Worksite Enforcement

SEC. 251. UNLAWFUL EMPLOYMENT OF ALIENS.

    Section 274A (8 U.S.C. 1324a) is amended to read as follows:

``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

    ``(a) Making Employment of Unauthorized Aliens Unlawful.--
            ``(1) In general.--It is unlawful for an employer--
                    ``(A) to hire, or to recruit or refer for a fee, an 
                alien for employment in the United States knowing or 
                with reckless disregard that the alien is an 
                unauthorized alien with respect to such employment; or
                    ``(B) to hire, or to recruit or refer for a fee, 
                for employment in the United States an individual 
                without complying with the requirements under 
                subsections (c) and (d).
            ``(2) Continuing employment.--It is unlawful for an 
        employer, after hiring an alien for employment, to continue to 
        employ the alien in the United States knowing or with reckless 
        disregard that the alien is (or has become) an unauthorized 
        alien with respect to such employment.
            ``(3) Use of labor through contract.--
                    ``(A) In general.--For purposes of this section, an 
                employer who uses a contract, subcontract, or exchange 
                to obtain the labor of an alien in the United States 
                knowing that the alien is an unauthorized alien (as 
                defined in subsection (b)(3)) with respect to 
                performing such labor, shall be considered to have 
                hired the alien for employment in the United States in 
                violation of paragraph (1)(A).
                    ``(B) Rulemaking.--The Secretary may promulgate 
                regulations--
                            ``(i) to require, for purposes of ensuring 
                        compliance with the immigration laws of the 
                        United States, that an employer include in a 
                        written contract, subcontract, or exchange an 
                        effective and enforceable requirement that the 
                        contractor or subcontractor adhere to such 
                        immigration laws, including use of EEVS;
                            ``(ii) to establish procedures by which an 
                        employer may obtain confirmation from the 
                        Secretary that the contractor or subcontractor 
                        has registered with EEVS and is utilizing EEVS 
                        to verify its employees; and
                            ``(iii) to establish such other 
                        requirements for employers using contractors or 
                        subcontractors as the Secretary determines to 
                        be necessary to prevent knowing violations of 
                        this paragraph after rulemaking pursuant to 
                        section 553 of title 5, United States Code.
                    ``(C) Guidelines.--The Secretary may issue 
                guidelines to clarify and supplement the regulations 
                issued pursuant to subparagraph (B)(iii) and broadly 
                disseminate such guidelines, in coordination with the 
                Private Sector Office of the Department of Homeland 
                Security.
            ``(4) Defense.--
                    ``(A) In general.--Subject to subparagraphs (B) 
                through (D), an employer that establishes that it has 
                complied in good faith with the requirements of 
                paragraphs (1) through (4) of subsection (c), 
                pertaining to document verification requirements, and 
                subsection (d) has established an affirmative defense 
                that the employer has not violated paragraph (1)(A) 
                with respect to hiring, recruiting, or referral.
                    ``(B) Limited exception.--A defense is established 
                without a showing of compliance with subsection (d) 
                until such time as the Secretary has required an 
                employer to participate in EEVS or such participation 
                is permitted on a voluntary basis pursuant to 
                subsection (d).
                    ``(C) Additional requirements.--The employer may 
                not establish a defense unless the employer is in 
                compliance with any additional requirements that the 
                Secretary may promulgate by regulation pursuant to 
                subsections (c), (d), and (k).
                    ``(D) Failure to comply with standards.--An 
                employer is presumed to have acted with knowledge or 
                reckless disregard if the employer fails to comply with 
                written standards, procedures or instructions issued by 
                the Secretary. Such standards, procedures or 
                instructions shall be objective and verifiable.
            ``(5) Preemption.--This section preempts any State or local 
        law that--
                    ``(A) requires the use of EEVS in a manner that--
                            ``(i) conflicts with any Federal policy, 
                        procedure, or timetable;
                            ``(ii) requires employers to verify whether 
                        or not an individual is authorized to work in 
                        the United States; or
                            ``(iii) imposes a civil or criminal 
                        sanction (other than through licensing or other 
                        similar laws) on a person that employs, or 
                        recruits or refers for a fee for employment, 
                        any unauthorized alien; and
                    ``(B) requires, as a condition of conducting, 
                continuing, or expanding a business, a business 
                entity--
                            ``(i) provide, build, fund, or maintain a 
                        shelter, structure, or designated area at or 
                        near the place of business of the entity for 
                        use by--
                                    ``(I) any individual who is not an 
                                employee of the business entity who 
                                enters or seeks to enter the property 
                                of the entity for the purpose of 
                                seeking employment by the entity; or
                                    ``(II) any contractor, customer or 
                                other person over which the business 
                                entity has no authority; or
                            ``(ii) carry out any other activity to 
                        facilitate the employment by others of--
                                    ``(I) any individual who is not an 
                                employee of the business entity who 
                                enters or seeks to enter the property 
                                of the entity for the purpose of 
                                seeking employment by the entity; or
                                    ``(II) any contractor, customer, or 
                                other person over which the business 
                                entity has no authority.
    ``(b) Definitions.--In this section:
            ``(1) Critical infrastructure.--The term `critical 
        infrastructure' means agencies and departments of the United 
        States, States, their suppliers or contractors, and any other 
        employer whose employees have access as part of their jobs to a 
        government building, military base, nuclear energy site, weapon 
        site, airport, or seaport.
            ``(2) Employer.--
                    ``(A) In general.--The term `employer'--
                            ``(i) means any person or entity hiring, 
                        recruiting, or referring for a fee an 
                        individual for employment in the United States; 
                        and
                            ``(ii) includes the Federal Government and 
                        State, local, and tribal governments.
                    ``(B) Franchised businesses.--Franchised businesses 
                that operate independently do not constitute a single 
                employer solely on the basis of sharing a common brand.
            ``(3) Unauthorized alien.--The term `unauthorized alien' 
        means, with respect to the employment of an alien at a 
        particular time, that the alien is not at that time either--
                    ``(A) an alien lawfully admitted for permanent 
                residence; or
                    ``(B) authorized to be so employed by the Secretary 
                of Homeland Security under this Act.
    ``(c) Document Verification Requirements.--
            ``(1) In general.--Any employer hiring, recruiting, or 
        referring for a fee an individual for employment in the United 
        States shall take all reasonable steps to verify that the 
        individual is authorized to work in the United States, 
        including the requirements under this subsection and under 
        subsection (d).
            ``(2) Attestation after examination of documentation.--
                    ``(A) In general.--
                            ``(i) Requirement.--The employer shall 
                        attest, under penalty of perjury and on a form 
                        prescribed by the Secretary, that the employer 
                        has verified the identity and work 
                        authorization status of the individual by 
                        examining--
                                    ``(I) a document described in 
                                subparagraph (B); or
                                    ``(II) a document described in 
                                subparagraph (C) and a document 
                                described in subparagraph (D).
                            ``(ii) Form of attestation.--An attestation 
                        under clause (i) may be manifested by a 
                        handwritten or electronic signature. An 
                        employer has complied with the requirement of 
                        this paragraph with respect to examination of 
                        documentation if the employer has followed 
                        applicable regulations and any written 
                        procedures or instructions provided by the 
                        Secretary and if a reasonable person would 
                        conclude that the documentation is genuine and 
                        establishes the employee's identity and 
                        authorization to work, taking into account any 
                        information provided to the employer by the 
                        Secretary, including photographs.
                    ``(B) Documents establishing both employment 
                authorization and identity.--A document described in 
                this subparagraph is an individual's--
                            ``(i) United States passport, or passport 
                        card issued pursuant to the Secretary of 
                        State's authority under the first section of 
                        the Act of July 3, 1926 (22 U.S.C. 211a);
                            ``(ii) permanent resident card or other 
                        document issued by the Secretary or Secretary 
                        of State to aliens authorized to work in the 
                        United States, if the document--
                                    ``(I) contains a photograph of the 
                                individual, biometric data, such as 
                                fingerprints, or such other personal 
                                identifying information relating to the 
                                individual as the Secretary finds, by 
                                regulation, sufficient for the purposes 
                                of this subsection;
                                    ``(II) is evidence of authorization 
                                for employment in the United States; 
                                and
                                    ``(III) contains security features 
                                to make it resistant to tampering, 
                                counterfeiting, and fraudulent use; or
                            ``(iii) social security card (other than a 
                        card that specifies on its face that the card 
                        is not valid for establishing employment 
                        authorization in the United States) that bears 
                        a photograph and meets the standards 
                        established under the Immigration Enforcement 
                        and Border Security Act of 2007, upon the 
                        recommendation of the Secretary of Homeland 
                        Security, in consultation with the Commissioner 
                        of Social Security.
                    ``(C) Documents establishing identity of 
                individual.--A document described in this subparagraph 
                includes--
                            ``(i) an individual's driver's license or 
                        identity card issued by a State, the 
                        Commonwealth of the Northern Mariana Islands, 
                        or an outlying possession of the United States, 
                        provided that the issuing State or entity has 
                        certified to the Secretary of Homeland Security 
                        that it is in compliance with the minimum 
                        standards required under section 202 of the 
                        REAL ID Act of 2005 (division B of Public Law 
                        109-13; 49 U.S.C. 30301 note) and implementing 
                        regulations issued by the Secretary of Homeland 
                        Security once those requirements become 
                        effective;
                            ``(ii) an individual's driver's license or 
                        identity card issued by a State, the 
                        Commonwealth of the Northern Mariana Islands, 
                        or an outlying possession of the United States 
                        which is not compliant under section 202 of the 
                        REAL ID Act of 2005 if--
                                    ``(I) the driver's license or 
                                identity card contains the individual's 
                                photograph as well as the individual's 
                                name, date of birth, gender, height, 
                                eye color and address;
                                    ``(II) the card has been approved 
                                for this purpose by the Secretary in 
                                accordance with timetables and 
                                procedures established by the Secretary 
                                pursuant to subsection (c)(1)(F); and
                                    ``(III) the card is presented by 
                                the individual and examined by the 
                                employer in combination with a U.S. 
                                birth certificate, or a Certificate of 
                                Naturalization, or a Certificate of 
                                Citizenship, or such other documents as 
                                may be prescribed by the Secretary;
                            ``(iii) for individuals under 16 years of 
                        age who are unable to present a document listed 
                        in clause (i) or (ii), documentation of 
                        personal identity of such other type as the 
                        Secretary finds provides a reliable means of 
                        identification, provided it contains security 
                        features to make it resistant to tampering, 
                        counterfeiting, and fraudulent use; or
                            ``(iv) other documentation evidencing 
                        identity as identified by the Secretary in his 
                        discretion, with notice to the public provided 
                        in the Federal Register, to be acceptable for 
                        purposes of this section, provided that the 
                        document, including any electronic security 
                        measures linked to the document, contains 
                        security features that make the document as 
                        resistant to tampering, counterfeiting, and 
                        fraudulent use as a document described in 
                        clause (i) or subparagraph (B)(i) or (B)(ii).
                    ``(D) Documents evidencing employment 
                authorization.--The following documents shall be 
                accepted as evidence of employment authorization:
                            ``(i) A social security account number card 
                        issued by the Commissioner of Social Security 
                        (other than a card which specifies on its face 
                        that the card is not valid for employment in 
                        the United States). The Secretary, in 
                        consultation with the Commissioner of Social 
                        Security, may require by publication of a 
                        notice in the Federal Register that only a 
                        social security account number card described 
                        in section 253 of the Immigration Enforcement 
                        and Border Security Act of 2007 be accepted for 
                        this purpose.
                            ``(ii) Any other documentation evidencing 
                        authorization of employment in the United 
                        States which the Secretary declares, by 
                        publication in the Federal Register, to be 
                        acceptable for purposes of this section, 
                        provided that the document, including any 
                        electronic security measures linked to the 
                        document contains security features to make it 
                        resistant to tampering, counterfeiting, and 
                        fraudulent use.
                    ``(E) Authority to prohibit use of certain 
                documents.--If the Secretary determines that any 
                document or class of documents described in 
                subparagraph (B), (C), or (D) as establishing 
                employment authorization or identity does not reliably 
                establish such authorization or identity or is being 
                used fraudulently to an unacceptable degree, the 
                Secretary shall, with notice to the public provided in 
                the Federal Register, prohibit or restrict the use of 
                that document or class of documents for purposes of 
                this subsection.
            ``(3) Individual attestation of employment authorization.--
        The individual shall attest, under penalty of perjury on the 
        form prescribed by the Secretary, that the individual is a 
        citizen or national of the United States, an alien lawfully 
        admitted for permanent residence, or an alien who is authorized 
        under this Act or by the Secretary to be hired, recruited, or 
        referred for such employment. Such attestation may be 
        manifested by either a handwritten or electronic signature.
            ``(4) Retention of verification form.--After completing a 
        form under paragraphs (1) and (2), the employer shall retain a 
        paper, microfiche, microfilm, or electronic version of the form 
        and make such version available for inspection by officers of 
        the Department of Homeland Security (or persons designated by 
        the Secretary), the Special Counsel for Immigration-Related 
        Unfair Employment Practices, or the Department of Labor during 
        a period beginning on the date of the hiring, recruiting, or 
        referral of the individual and ending--
                    ``(A) in the case of the recruiting or referral for 
                a fee (without hiring) of an individual, 7 years after 
                the date of the recruiting or referral; and
                    ``(B) in the case of the hiring of an individual--
                            ``(i) 7 years after the date of such 
                        hiring; or
                            ``(ii) 2 years after the date the 
                        individual's employment is terminated, 
                        whichever is earlier.
            ``(5) Copying of documentation and recordkeeping 
        required.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, the employer shall copy all documents 
                presented by an individual pursuant to this subsection 
                and shall retain a paper, microfiche, microfilm, or 
                electronic copy as prescribed in paragraph (4), but 
                only (except as otherwise permitted under law) for the 
                purposes of complying with the requirements of this 
                subsection. Such copies shall reflect the signatures of 
                the employer and the employee and the date of receipt.
                    ``(B) SSA records.--The employer shall also 
                maintain records of Social Security Administration 
                correspondence regarding name and number mismatches or 
                no-matches and the steps taken to resolve such issues.
                    ``(C) Resolution of identity.--The employer shall 
                maintain records of all actions and copies of any 
                correspondence or action taken by the employer to 
                clarify or resolve any issue that raises reasonable 
                doubt as to the validity of the alien's identity or 
                work authorization.
                    ``(D) Other records.--The employer shall maintain 
                such records as prescribed in this subsection. The 
                Secretary may prescribe the manner of recordkeeping and 
                may require that additional records be kept or that 
                additional documents be copied and maintained. The 
                Secretary may require that these documents be 
                transmitted electronically, and may develop automated 
                capabilities to request such documents.
            ``(6) Penalties.--An employer that fails to comply with any 
        requirement under this subsection shall be penalized under 
        subsection (e)(4)(B).
            ``(7) No authorization of national identification cards.--
        Nothing in this section shall be construed to authorize, 
        directly or indirectly, the issuance or use of national 
        identification cards or the establishment of a national 
        identification card.
            ``(8) All employees.--The employer shall use the procedures 
        for document verification set forth in this paragraph for all 
        employees without regard to national origin or citizenship 
        status.
    ``(d) Employment Eligibility Verification System.--
            ``(1) In general.--The Secretary, in cooperation and 
        consultation with the Secretary of State, the Commissioner of 
        Social Security, and the States, shall implement and specify 
        the procedures for EEVS. The participating employers shall 
        timely register with EEVS and shall use EEVS in accordance with 
        paragraph (5).
            ``(2) Implementation schedule.--
                    ``(A) As of the date of enactment of this section, 
                the Secretary, with notice to the public provided in 
                the Federal Register, is authorized to require any 
                employer or industry which the Secretary determines to 
                be part of the critical infrastructure, a Federal 
                contractor, or directly related to the national 
                security or homeland security of the United States to 
                participate in EEVS. This requirement may be applied to 
                both newly hired and current employees. The Secretary 
                shall notify employers not later than 30 days before 
                such employers are required to participate in EEVS 
                pursuant to this subparagraph.
                    ``(B) Not later than 6 months after the date of the 
                enactment of this section, the Secretary shall require 
                additional employers or industries to participate in 
                EEVS. This subparagraph shall apply to new employees 
                hired, and current employees subject to reverification 
                because of expiring work authorization documentation or 
                expiration of immigration status, on or after the date 
                on which the requirement takes effect. The Secretary, 
                by notice in the Federal Register, shall designate 
                these employers or industries, in the discretion of the 
                Secretary, based upon risks to critical infrastructure, 
                national security, immigration enforcement, or homeland 
                security needs.
                    ``(C) Not later than 18 months after the date of 
                the enactment of this section, the Secretary shall 
                require all employers to participate in EEVS with 
                respect to newly hired employees and current employees 
                subject to reverification because of expiring work 
                authorization documentation or expiration of 
                immigration status.
                    ``(D) Not later than 3 years after the date of the 
                enactment of this section, all employers shall 
                participate in EEVS with respect to new employees, all 
                employees whose identity and employment authorization 
                have not been previously verified through EEVS. The 
                Secretary may specify earlier dates for participation 
                in EEVS, in the discretion of the Secretary, for some 
                or all classes of employer or employee.
                    ``(E) The Secretary shall create the necessary 
                systems and processes to monitor the functioning of 
                EEVS, including the volume of the workflow, the speed 
                of processing of queries, and the speed and accuracy of 
                responses. The Comptroller General of the United States 
                shall audit these systems and processes not later than 
                9 months after the date of the enactment of this 
                section and not later than 24 months after the date of 
                the enactment of this section. The Comptroller General 
                shall report the results of the audits conducted under 
                this subparagraph to Congress.
            ``(3) Participation in eevs.--The Secretary may--
                    ``(A) permit any employer that is not required to 
                participate in EEVS to participate on a voluntary 
                basis; and
                    ``(B) require any employer that is required to 
                participate in EEVS with respect to its newly hired 
                employees also to do so with respect to its current 
                workforce if the Secretary has reasonable cause to 
                believe that the employer has engaged in any violation 
                of the immigration laws.
            ``(4) Consequence of failure to participate.--If an 
        employer fails to comply with the requirements of EEVS with 
        respect to an individual--
                    ``(A) such failure shall be treated as a violation 
                of subsection (a)(1)(B) with respect to that 
                individual; and
                    ``(B) a rebuttable presumption is created that an 
                employer has acted with knowledge or reckless disregard 
                if the employer is shown by clear and convincing 
                evidence to have materially failed to comply with 
                written standards, procedures, or instructions issued 
                by the Secretary, which shall be objective and 
                verifiable.
            ``(5) Procedures for participants in eevs.--
                    ``(A) In general.--An employer participating in 
                EEVS shall register in EEVS and conform to the 
                procedures under this paragraph in the event of hiring, 
                recruiting, or referring any individual for employment 
                in the United States.
                    ``(B) Registration of employers.--The Secretary of 
                Homeland Security, through notice in the Federal 
                Register, shall prescribe procedures that employers 
                shall follow to register in EEVS. In prescribing these 
                procedures, the Secretary may require employers to 
                provide--
                            ``(i) the name of the employer;
                            ``(ii) the employer's employment 
                        identification number;
                            ``(iii) the address of the employer;
                            ``(iv) the name, position, and social 
                        security number of the employees of the 
                        employer for whom EEVS is being accessed; and
                            ``(v) such other information as the 
                        Secretary deems necessary to ensure proper use 
                        and security of EEVS.
                    ``(C) Training.--The Secretary shall require 
                employers to undergo such training as the Secretary 
                determines to be necessary to ensure proper use and 
                security of EEVS. Such training shall be made available 
                electronically, if practicable.
                    ``(D) Provision of additional information.--Each 
                prospective employee shall provide to the employer, and 
                the employer shall record in such manner as the 
                Secretary may specify--
                            ``(i) the prospective employee's social 
                        security account number;
                            ``(ii) if the prospective employee does not 
                        attest to being a national of the United States 
                        under subsection (c)(2), such identification or 
                        authorization number established by the 
                        Department of Homeland Security as the 
                        Secretary of Homeland Security shall specify; 
                        and
                            ``(iii) such other information as the 
                        Secretary may require to determine the identity 
                        and work authorization of the prospective 
                        employee.
                    ``(E) Presentation of documentation.--The employer 
                and each prospective employee shall fulfill the 
                requirements under subsection (c).
                    ``(F) Presentation of biometrics.--Employers who 
                are enrolled in the Voluntary Advanced Verification 
                Program to Combat Identity Theft established under 
                section 255 of the Immigration Enforcement and Border 
                Security Act of 2007 shall, in addition to documentary 
                evidence of identity and work eligibility, 
                electronically provide the fingerprints of the 
                prospective employee to the Secretary of Homeland 
                Security.
            ``(6) Seeking confirmation.--
                    ``(A) In general.--The employer shall use EEVS to 
                provide the Secretary of Homeland Security with all 
                required information to obtain confirmation of the 
                identity and employment eligibility of any employee 
                before the date on which the individual is employed, 
                recruited, or referred. An employer may not make the 
                starting date of an individual's employment contingent 
                on the receipt of a confirmation of the identity and 
                employment eligibility.
                    ``(B) Limited work authorization.--For 
                reverification of an employee with a limited period of 
                work authorization, all required verification 
                procedures shall be completed not later than the date 
                the employee's work authorization expires.
                    ``(C) Notification.--The Secretary shall provide, 
                and the employer shall utilize, as part of EEVS, a 
                method of communicating notices and requests for 
                information or action on the part of the employer with 
                respect to expiring work authorization or status and 
                other matters. The Secretary shall provide a method of 
                notifying employers of a confirmation, nonconfirmation 
                or a notice that further action is required (referred 
                to in this subsection as the `further action notice'). 
                The employer shall communicate to the prospective 
                employee that is the subject of the verification all 
                information provided to the employer by EEVS for 
                communication to such prospective employee.
            ``(7) Confirmation or nonconfirmation.--
                    ``(A) Initial response.--EEVS shall provide a 
                confirmation, a nonconfirmation, or a further action 
                notice of an prospective employee's identity and 
                employment eligibility at the time of the inquiry, 
                unless for technological reasons or due to unforeseen 
                circumstances, EEVS is unable to provide such 
                confirmation or further action notice. In such 
                situations, the system shall provide confirmation or 
                further action notice not later than 2 business days 
                after the initial inquiry. If providing confirmation or 
                further action notice, EEVS shall provide an 
                appropriate code indicating such confirmation or such 
                further action notice.
                    ``(B) Confirmation upon initial inquiry.--If the 
                employer receives an appropriate confirmation of an 
                prospective employee's identity and work eligibility 
                under EEVS, the employer shall record the confirmation 
                in such manner as the Secretary may specify.
                    ``(C) Further action notice upon initial inquiry 
                and secondary verification.--
                            ``(i) Further action notice.--If the 
                        employer receives a further action notice of a 
                        prospective employee's identity or work 
                        eligibility under EEVS, the employer shall 
                        immediately inform the prospective employee of 
                        the further action notice and any procedures 
                        specified by the Secretary for addressing the 
                        further action notice. The employee shall 
                        acknowledge in writing the receipt of the 
                        further action notice from the employer.
                            ``(ii) Contest.--Not later than 5 business 
                        days after the date on which a prospective 
                        employee is notified under this subparagraph, 
                        the employee shall contact the appropriate 
                        agency to contest the further action notice 
                        and, if required by the Secretary, appear in 
                        person at the appropriate Federal or State 
                        agency to verify the employee's identity and 
                        employment authorization. The Secretary, in 
                        consultation with the Commissioner of Social 
                        Security and other appropriate Federal and 
                        State officials, shall specify an available 
                        secondary verification procedure to confirm the 
                        validity of information provided and to provide 
                        a final confirmation or nonconfirmation. An 
                        employee contesting a further action notice 
                        shall attest under penalty of perjury to the 
                        employee's identity and employment 
                        authorization.
                            ``(iii) No contest.--If the prospective 
                        employee does not contest the further action 
                        notice within the period specified in clause 
                        (ii), a final nonconfirmation shall be issued 
                        and the employer shall record the 
                        nonconfirmation in such manner as the Secretary 
                        may specify.
                            ``(iv) Finality.--EEVS shall provide a 
                        final confirmation or nonconfirmation not later 
                        than 10 business days after a prospective 
                        employee contests the further action notice. If 
                        the employee is taking the steps required by 
                        the Secretary and the agency that the employee 
                        has contacted to resolve a further action 
                        notice, the Secretary shall extend the period 
                        of investigation until the secondary 
                        verification procedure allows the Secretary to 
                        provide a final confirmation or 
                        nonconfirmation. If the employee fails to take 
                        the steps required by the Secretary and the 
                        appropriate agency, a final nonconfirmation may 
                        be issued to that employee.
                            ``(v) Reexamination.--Nothing in this 
                        section may be construed to prevent the 
                        Secretary from reexamining a case where a final 
                        confirmation has been provided if subsequently 
                        received information indicates that the 
                        individual may not be work authorized.
                    ``(D) Termination of employment.--An employer may 
                not terminate the employment of an individual solely 
                because of the failure of the individual to have 
                identity and work eligibility confirmed under this 
                section until a nonconfirmation becomes final. When 
                final confirmation or nonconfirmation is provided, the 
                confirmation system shall provide an appropriate code 
                indicating such confirmation or nonconfirmation.
            ``(8) Consequences of nonconfirmation.--
                    ``(A) Termination of continued employment.--If the 
                employer has received a final nonconfirmation regarding 
                a prospective employee, the employer shall terminate 
                employment, recruitment, or referral of the employee.
                    ``(B) Continued employment after final 
                nonconfirmation.--If the employer violates subparagraph 
                (A), a rebuttable presumption is created that the 
                employer has violated paragraphs (1)(A) and (2) of 
                subsection (a).
                    ``(C) Exception.--Subparagraph (B) shall not apply 
                in any prosecution under section 274A(e)(1).
            ``(9) Obligation to respond to queries and additional 
        information.--
                    ``(A) In general.--Employers shall comply with 
                requests from the Secretary through EEVS for 
                information, including queries concerning current and 
                former employees that relate to the functioning of 
                EEVS, the accuracy of the responses provided by EEVS, 
                and any suspected fraud or identity theft in the use of 
                EEVS. Failure to comply with such a request is a 
                violation of subsection (a)(1)(B).
                    ``(B) Further action.--Individuals being verified 
                through EEVS may be required to take further action to 
                address irregularities identified in the documents 
                relied upon for purposes of employment verification. 
                The employer shall communicate to the individual any 
                such requirement for further actions and shall record 
                the date and manner of such communication. The 
                individual shall acknowledge in writing the receipt of 
                this communication from the employer. Failure to 
                communicate such a requirement is a violation of 
                subsection (a)(1)(B).
                    ``(C) Additional requirements.--The Secretary, with 
                notice to the public provided in the Federal Register, 
                may implement, clarify, and supplement the requirements 
                of this paragraph to facilitate the functioning of EEVS 
                or to prevent fraud or identity theft in the use of 
                EEVS.
            ``(10) Impermissible use of eevs.--
                    ``(A) An employer may not use EEVS to verify an 
                individual before extending to the individual an offer 
                of employment.
                    ``(B) An employer may not require an individual to 
                verify the individual's employment eligibility through 
                EEVS as a condition of extending to that individual an 
                offer of employment. Nothing in this subparagraph may 
                be construed to prevent an employer from encouraging an 
                employee or a prospective employee from verifying the 
                employee's or a prospective employee's employment 
                eligibility before obtaining employment pursuant to 
                paragraph (12).
                    ``(C) An employer may not terminate an individual's 
                employment solely because that individual has been 
                issued a further action notice.
                    ``(D) An employer may not take the following 
                actions solely because an individual has been issued a 
                further action notice:
                            ``(i) Reduce the salary, bonuses, or other 
                        compensation due to the employee.
                            ``(ii) Suspend the employee without pay.
                            ``(iii) Reduce the hours that the employee 
                        is required to work if such reduction is 
                        accompanied by a reduction in salary, bonuses, 
                        or other compensation due to the employee. An 
                        employer, with the agreement of an employee, 
                        may provide the employee with reasonable time 
                        off without pay in order to contest and resolve 
                        the further action notice received by the 
                        employee.
                            ``(iv) Deny the employee the training 
                        necessary to perform the employment duties for 
                        which the employee has been hired.
                    ``(E) An employer may not, in the course of 
                utilizing the procedures for document verification set 
                forth in subsection (c), require that a prospective 
                employee present additional documents or different 
                documents than those prescribed under that section.
                    ``(F) The Secretary of Homeland Security shall 
                develop the necessary policies and procedures to 
                monitor the use of EEVS by employers and their 
                compliance with the requirements set forth in this 
                section. Employers shall comply with requests from the 
                Secretary for information related to any monitoring, 
                audit or investigation undertaken pursuant to this 
                paragraph.
                    ``(G) The Secretary of Homeland Security, in 
                consultation with the Secretary of Labor, shall 
                establish and maintain a process by which any employee 
                (or any prospective employee who would otherwise have 
                been hired) who has reason to believe that an employer 
                has violated any of subparagraphs (A) through (E) may 
                file a complaint against the employer.
                    ``(H) Any employer found to have violated any of 
                subparagraphs (A) through (E) shall pay a civil penalty 
                in an amount not to exceed $10,000 for each violation.
                    ``(I) This paragraph is not intended to, and does 
                not, create any right, benefit, trust, or 
                responsibility, whether substantive or procedural, 
                enforceable at law or equity by a party against the 
                United States, its departments, agencies, 
                instrumentalities, entities, officers, employees, or 
                agents, or any person, nor does it create any right of 
                review in a judicial proceeding.
            ``(11) Modification of requirements.--If, based on a 
        regular review of EEVS and the document verification procedures 
        to identify fraudulent use and to assess the security of the 
        documents being used to establish identity or employment 
        authorization, the Secretary determines that modifications are 
        necessary to ensure that EEVS accurately and reliably 
        determines the work authorization of employees while providing 
        protection against fraud and identity theft, the Secretary, in 
        consultation with the Commissioner of Social Security and after 
        publishing a notice the Federal Register, may modify--
                    ``(A) the documents required to be presented to the 
                employer;
                    ``(B) the information required to be provided to 
                EEVS by the employer; and
                    ``(C) the procedures required to be followed by 
                employers with respect to any aspect of EEVS.
            ``(12) Secure self-verification procedures.--Subject to 
        appropriate safeguards to prevent misuse of EEVS, the 
        Secretary, in consultation with the Commissioner of Social 
        Security, shall establish secure procedures to permit an 
        individual, seeking to verify the individual's employment 
        eligibility before obtaining or changing employment, to contact 
        the appropriate agency and, in a timely manner, correct or 
        update the information used by EEVS.
    ``(e) Protection From Liability for Actions Taken on the Basis of 
Information Provided by EEVS.--No employer participating in EEVS may be 
held liable under any law for any employment-related action taken with 
respect to the employee in good faith reliance on information provided 
through EEVS.
    ``(f) Administrative Review.--
            ``(1) Filing requirement.--
                    ``(A) In general.--An individual who receives a 
                final nonconfirmation notice may, not later than 15 
                days after the date that such notice is received, file 
                an administrative appeal of such final notice. An 
                individual who did not timely contest a further action 
                notice may not file an administrative appeal under this 
                paragraph. Unless the Secretary of Homeland Security, 
                in consultation with the Commissioner of Social 
                Security, specifies otherwise, all administrative 
                appeals shall be filed in accordance with this 
                paragraph.
                    ``(B) Nationals of the united states.--An 
                individual claiming to be a national of the United 
                States shall file the administrative appeal with the 
                Commissioner.
                    ``(C) Aliens.--An individual claiming to be an 
                alien authorized to work in the United States shall 
                file the administrative appeal with the Secretary.
            ``(2) Review for error.--The Secretary and the Commissioner 
        shall each develop procedures for resolving administrative 
        appeals regarding final nonconfirmations based upon the 
        information that the individual has provided, including any 
        additional evidence that was not previously considered. Appeals 
        shall be resolved not later than 30 days after the individual 
        submits all evidence relevant to the appeal. The Secretary and 
        the Commissioner may, on a case by case basis for good cause, 
        extend this period in order to ensure accurate resolution of 
        the appeal. Administrative review under this subsection shall 
        be limited to whether the final nonconfirmation notice is 
        supported by the weight of the evidence.
            ``(3) Administrative relief.--Relief available under this 
        subsection is limited to an administrative order upholding, 
        reversing, modifying, amending, or setting aside the final 
        nonconfirmation notice.
            ``(4) Damages, fees and costs.--Money damages, fees, or 
        costs may not be awarded in the administrative review process, 
        and no court shall have jurisdiction to award any damages, fees 
        or costs relating to such administrative review under the Equal 
        Access to Justice Act (Public Law 96-481) or under any other 
        law.
    ``(g) Judicial Review.--
            ``(1) Exclusive procedure.--Notwithstanding any other 
        provision of law, including sections 1361 and 1651 of title 28, 
        United States Code, no court shall have jurisdiction to 
        consider any claim against the United States, or any of its 
        agencies, officers, or employees, challenging or otherwise 
        relating to a final nonconfirmation notice or to EEVS, except 
        as specifically provided under this subsection.
            ``(2) Petition for review.--
                    ``(A) In general.--A petition for review of a 
                denial of a final administrative order upholding a 
                final nonconfirmation notice shall be filed with the 
                United States Court of Appeals for the judicial circuit 
                in which the petitioner resided when the final 
                nonconfirmation notice was issued.
                    ``(B) Scope and standard for review.--The court of 
                appeals shall decide the petition only on the 
                administrative record on which the final 
                nonconfirmation order is based. The burden shall be on 
                the petitioner to show that the administratively final 
                nonconfirmation decision was arbitrary, capricious, not 
                supported by substantial evidence, or otherwise not in 
                accordance with law. Administrative findings of fact 
                are conclusive unless any reasonable adjudicator would 
                be compelled to reach a contrary conclusion.
            ``(3) Exhaustion of administrative remedies.--A court may 
        review an administratively final order of a nonconfirmation 
        notice only if the petitioner has exhausted all administrative 
        remedies available to the petitioner as of right.
            ``(4) Limit on injunctive relief.--Regardless of the nature 
        of the action or claim or of the identity of the party or 
        parties bringing the action, no court (other than the Supreme 
        Court) shall have jurisdiction or authority to enjoin or 
        restrain the operation of the provisions in this section.
    ``(h) Management of Employment Eligibility Verification System.--
            ``(1) In general.--The Secretary shall establish, manage, 
        and modify EEVS to--
                    ``(A) respond to inquiries made by participating 
                employers at any time through the Internet concerning 
                an individual's identity and whether the individual is 
                authorized to be employed;
                    ``(B) maintain records of the inquiries that were 
                made, of confirmations provided (or not provided), and 
                of the codes provided to employers as evidence of their 
                compliance with their obligations under EEVS; and
                    ``(C) provide information to, and request action 
                by, employers and individuals using the system, 
                including notifying employers of the expiration or 
                other relevant change in an employee's employment 
                authorization, and directing an employer to convey to 
                the employee a request to contact the appropriate 
                Federal or State agency.
            ``(2) Design and operation of system.--EEVS shall be 
        designed and operated--
                    ``(A) to maximize its reliability and ease of use 
                by employers consistent with insulating and protecting 
                the privacy and security of the underlying information;
                    ``(B) to respond accurately to all inquiries made 
                by employers on whether individuals are authorized to 
                be employed and to register any times when the system 
                is unable to receive inquiries;
                    ``(C) to maintain appropriate administrative, 
                technical, and physical safeguards to prevent 
                unauthorized disclosure of personal information;
                    ``(D) to allow for auditing use of the system to 
                detect fraud and identify theft, and to preserve the 
                security of the information in EEVS, including--
                            ``(i) the development and use of algorithms 
                        to detect potential identity theft, such as 
                        multiple uses of the same identifying 
                        information or documents;
                            ``(ii) the development and use of 
                        algorithms to detect misuse of EEVS by 
                        employers and employees;
                            ``(iii) the development of capabilities to 
                        detect anomalies in the use of EEVS that may 
                        indicate potential fraud or misuse of EEVS;
                            ``(iv) auditing documents and information 
                        submitted by potential employees to employers, 
                        including authority to conduct interviews with 
                        employers and employees;
                    ``(E) to confirm identity and work authorization 
                through verification of records maintained by the 
                Secretary, other Federal departments, States, the 
                Commonwealth of the Northern Mariana Islands, or an 
                outlying possession of the United States, as determined 
                necessary by the Secretary, including--
                            ``(i) records maintained by the Social 
                        Security Administration as specified in 
                        paragraph (4), including photographs and any 
                        other biometric information as may be required;
                            ``(ii) birth and death records maintained 
                        by vital statistics agencies of any State or 
                        other United States jurisdiction;
                            ``(iii) passport and visa records, 
                        including photographs, maintained by the United 
                        States Department of State; and
                            ``(iv) State driver's license or identity 
                        card information, including photographs, 
                        maintained by the department of motor vehicles 
                        of a State;
                    ``(F) to electronically confirm the issuance of the 
                employment authorization or identity document and to 
                display the digital photograph that the issuer placed 
                on the document so that the employer can compare the 
                photograph displayed to the photograph on the document 
                presented by the employee; and
                    ``(G) if in exceptional cases a photograph is not 
                available from the issuer, to implement an alternative 
                procedure, as specified by the Secretary, for 
                confirming the authenticity of a document described in 
                subparagraph (F).
            ``(3) Rulemaking.--The Secretary is authorized, with notice 
        to the public provided in the Federal Register, to issue 
        regulations concerning operational and technical aspects of 
        EEVS and the efficiency, accuracy, and security of EEVS.
            ``(4) Access to information.--
                    ``(A) Notwithstanding any other provision of law, 
                the Secretary of Homeland Security shall have access to 
                relevant records described in paragraph (2)(E), for the 
                purposes of preventing identity theft and fraud in the 
                use of EEVS and enforcing the provisions of this 
                section governing employment verification. A State or 
                other non-Federal jurisdiction that does not provide 
                such access shall not be eligible for any grant or 
                other program of financial assistance administered by 
                the Secretary.
                    ``(B) The Secretary, in consultation with the 
                Commissioner of Social Security and other appropriate 
                Federal and State officials, shall develop policies and 
                procedures to ensure protection of the privacy and 
                security of personally identifiable information and 
                identifiers contained in the records accessed pursuant 
                to this subsection and subsection (e)(5)(A). The 
                Secretary, in consultation with the Commissioner and 
                other appropriate Federal and State agencies, shall 
                develop and deploy appropriate privacy and security 
                training for the Federal and State employees accessing 
                the records pursuant to this subsection and subsection 
                (e)(5)(A).
                    ``(C) The Chief Privacy Officer of the Department 
                of Homeland Security shall conduct regular privacy 
                audits of the policies and procedures established under 
                subparagraph (B), including any collection, use, 
                dissemination, and maintenance of personally 
                identifiable information and any associated information 
                technology systems, as well as scope of requests for 
                this information. The Chief Privacy Officer shall 
                review the results of the audits and recommend to the 
                Secretary and the Privacy and Civil Liberties Oversight 
                Board any changes necessary to improve the privacy 
                protections of the program.
            ``(5) Responsibilities of the secretary of homeland 
        security.--
                    ``(A) As part of EEVS, the Secretary shall 
                establish a reliable, secure method, that--
                            ``(i) compares the name, alien 
                        identification or authorization number, or 
                        other relevant information provided in an 
                        inquiry against such information maintained or 
                        accessed by the Secretary in order to confirm 
                        (or not confirm) the validity of the 
                        information provided, the correspondence of the 
                        name and number, whether the alien is 
                        authorized to be employed in the United States 
                        (or, to the extent that the Secretary 
                        determines to be feasible and appropriate, 
                        whether the Secretary's records verify United 
                        States citizenship), and such other information 
                        as the Secretary may prescribe; and
                            ``(ii) displays the digital photograph 
                        described in paragraph (2)(F).
                    ``(B) The Secretary shall have authority to 
                prescribe when a confirmation, nonconfirmation or 
                further action notice shall be issued.
                    ``(C) The Secretary shall perform regular audits 
                under EEVS in accordance with paragraph (2)(D) and 
                shall utilize the information obtained from such audits 
                and any information obtained from the Commissioner of 
                Social Security pursuant to section 253 of the 
                Immigration Enforcement and Border Security Act of 
                2007, to improve immigration enforcement.
                    ``(D) The Secretary shall make appropriate 
                arrangements to allow employers who are otherwise 
                unable to access EEVS to use Federal Government 
                facilities or public facilities in order to utilize 
                EEVS.
            ``(6) Responsibilities of the secretary of state.--As part 
        of EEVS, the Secretary of State shall provide to the Secretary 
        access to passport and visa information as needed to confirm 
        that a passport or passport card presented under subsection 
        (c)(1)(B) belongs to the subject of EEVS check, or that a 
        passport or visa photograph matches an individual;
            ``(7) Updating information.--The Commissioner of Social 
        Security, the Secretary of Homeland Security, and the Secretary 
        of State shall update their information in a manner that 
        promotes maximum accuracy and shall provide a process for the 
        prompt correction of erroneous information.
    ``(i) Limitation on Use of EEVS.--Notwithstanding any other 
provision of law, nothing in this section may be construed to permit 
any agency of the United States Government to utilize any information, 
database, or other records assembled under this section for any purpose 
other than for the enforcement and administration of the immigration 
laws, antiterrorism laws, or for enforcement of Federal criminal law 
related to the functions of EEVS, including prohibitions on forgery, 
fraud and identity theft.
    ``(j) Unauthorized Use or Disclosure of Information.--Any employee 
of the Department of Homeland Security or another Federal or State 
agency who knowingly uses or discloses the information assembled under 
this subsection for a purpose other than the purpose authorized under 
this section shall pay a civil penalty for each such violation in an 
amount not less than $5,000 and not to exceed $50,000.
    ``(k) Funds.--In addition to any funds otherwise appropriated, the 
Secretary of Homeland Security may use funds made available under 
subsections (m) and (n) of section 286, for the maintenance and 
operation of EEVS, which shall be considered an immigration 
adjudication service for purposes of such subsections.
    ``(l) Scope.--The employer shall use the procedures for EEVS 
specified in this section for all employees without regard to national 
origin or citizenship status.
    ``(m) Conforming Amendment.--Title IV of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is repealed.
    ``(n) Compliance.--
            ``(1) Complaints and investigations.--The Secretary of 
        Homeland Security shall establish procedures--
                    ``(A) for individuals and entities to file 
                complaints respecting potential violations of 
                subsection (a) or (f)(1);
                    ``(B) for the investigation of those complaints 
                which the Secretary determines should be investigated; 
                and
                    ``(C) for the investigation of such other 
                violations of subsection (a) or (f)(1) as the Secretary 
                determines to be appropriate.
            ``(2) Authority in investigations.--
                    ``(A) In general.--In conducting investigations and 
                hearings under this subsection--
                            ``(i) immigration officers shall have 
                        reasonable access to examine evidence of any 
                        employer being investigated; and
                            ``(ii) immigration officers designated by 
                        the Secretary may compel by subpoena the 
                        attendance of witnesses and the production of 
                        evidence at any designated place in an 
                        investigation or case under this subsection.
                    ``(B) Enforcement of subpoenas.--In case of 
                contumacy or refusal to obey a subpoena lawfully issued 
                under this paragraph, the Secretary may request that 
                the Attorney General apply in an appropriate district 
                court of the United States for an order requiring 
                compliance with such subpoena, and any failure to obey 
                such order may be punished by such court as a contempt 
                of such court. Failure to cooperate with such subpoena 
                shall be subject to further penalties, including 
                further fines and the voiding of any mitigation of 
                penalties or termination of proceedings under paragraph 
                (3)(B).
            ``(3) Compliance procedures.--
                    ``(A) Pre-penalty notice.--If the Secretary has 
                reasonable cause to believe that there has been a civil 
                violation of this section and determines that further 
                proceedings are warranted, the Secretary shall issue to 
                the employer concerned a written notice of the 
                Department's intention to issue a claim for a monetary 
                or other penalty. Such prepenalty notice shall--
                            ``(i) describe the violation;
                            ``(ii) specify the laws and regulations 
                        allegedly violated;
                            ``(iii) disclose the material facts which 
                        establish the alleged violation; and
                            ``(iv) inform such employer that he or she 
                        shall have a reasonable opportunity to make 
                        representations as to why a claim for a 
                        monetary or other penalty should not be 
                        imposed.
                    ``(B) Remission or mitigation of penalties.--If any 
                employer receives written prepenalty notice of a fine 
                or other penalty in accordance with subparagraph (A), 
                the employer may, not later than 15 days after 
                receiving such notice, file with the Secretary a 
                petition for the remission or mitigation of such fine 
                or penalty, or a petition for termination of the 
                proceedings. The petition may include any relevant 
                evidence or proffer of evidence the employer wishes to 
                present, and shall be filed and considered in 
                accordance with procedures to be established by the 
                Secretary. If the Secretary determines that such fine, 
                penalty, or forfeiture was incurred erroneously, or 
                that mitigating circumstances as to justify the 
                remission or mitigation of such fine or penalty, the 
                Secretary may remit or mitigate the same upon such 
                terms and conditions as the Secretary considers 
                reasonable and just, or order termination of any 
                related proceedings. Such mitigating circumstances may 
                include good faith compliance and participation in, or 
                agreement to participate in, EEVS, if not otherwise 
                required. This subparagraph shall not apply to an 
                employer that has or is engaged in a pattern or 
                practice of violating paragraph (1)(A), (1)(B), or (2) 
                of subsection (a) or of any other requirement under 
                this section.
                    ``(C) Penalty claim.--After considering any 
                evidence and representations offered by the employer 
                pursuant to subparagraph (B), the Secretary shall 
                determine whether there was a violation and promptly 
                issue a written final determination setting forth the 
                findings of fact and conclusions of law on which the 
                determination is based. If the Secretary determines 
                that there was a violation, the Secretary shall issue 
                the final determination with a written penalty claim. 
                The penalty claim shall specify all charges in the 
                information provided under clauses (i) through (iii) of 
                subparagraph (A) and any mitigation or remission of the 
                penalty that the Secretary determines to be 
                appropriate.
            ``(4) Civil penalties.--
                    ``(A) Hiring or continuing to employ unauthorized 
                aliens.--Any employer that violates any provision under 
                paragraph (1)(A) or (2) of subsection (a)--
                            ``(i) shall pay a civil penalty of $5,000 
                        for each unauthorized alien with respect to 
                        which such violation occurred;
                            ``(ii) if an employer has previously been 
                        fined under subsection (d)(4)(A), shall pay a 
                        civil penalty of $10,000 for each unauthorized 
                        alien with respect to which such violation 
                        occurred;
                            ``(iii) if an employer has previously been 
                        fined more than once under subsection 
                        (d)(4)(A), shall pay a civil penalty of $25,000 
                        for each unauthorized alien with respect to 
                        which such violation occurred in addition to 
                        any penalties previously assessed if the 
                        employer failed to comply with a previously 
                        issued and final order under this section;
                            ``(iv) if an employer has previously been 
                        fined more than twice under subsection 
                        (d)(4)(A), shall pay a civil penalty of $75,000 
                        for each alien with respect to which such 
                        violation occurred; and
                            ``(v) shall, in addition to any penalties 
                        assessed under clauses (i) through (iv), be 
                        fined $75,000 for each violation if the 
                        employer failed to comply with a previously 
                        issued and final order under this section.
                    ``(B) Recordkeeping or verification practices.--Any 
                employer that violates or fails to comply with any 
                requirement under subsection (b), (c), or (d)--
                            ``(i) shall pay a civil penalty of $1,000 
                        for each such violation;
                            ``(ii) if an employer has previously been 
                        fined under subsection (d)(4)(B), shall pay a 
                        civil penalty of $2,000 for each such 
                        violation;
                            ``(iii) if an employer has previously been 
                        fined more than once under subsection 
                        (d)(4)(B), shall pay a civil penalty of $5,000 
                        for each such violation in addition to any 
                        penalties previously assessed if the employer 
                        failed to comply with a previously issued and 
                        final order under this section;
                            ``(iv) if an employer has previously been 
                        fined more than twice under subsection 
                        (d)(4)(B), shall pay a civil penalty of $15,000 
                        for each violation; and
                            ``(v) shall, in addition to any penalties 
                        previously assessed, be fined $15,000 for each 
                        such violation if the employer failed to comply 
                        with a previously issued and final order under 
                        this section.
                    ``(C) Other penalties.--The Secretary may impose 
                additional penalties for violations, including cease 
                and desist orders, specially designed compliance plans 
                to prevent further violations, suspended fines to take 
                effect in the event of a further violation, and in 
                appropriate cases, the remedy provided by subsection 
                (f)(2). All penalties in this section may be adjusted 
                every 4 years to account for inflation as provided by 
                law.
                    ``(D) Reduction or mitigation of penalties.--The 
                Secretary may reduce or mitigate penalties imposed upon 
                employers, based upon factors including the employer's 
                hiring volume, compliance history, good-faith 
                implementation of a compliance program, participation 
                in a temporary worker program, and voluntary disclosure 
                of violations of this subsection to the Secretary.
            ``(5) Order of internal review and certification of 
        compliance.--If the Secretary has reasonable cause to believe 
        that an employer has failed to comply with this section, the 
        Secretary is authorized, at any time, to require that the 
        employer certify that it is in compliance with this section, or 
        has instituted a program to come into compliance. Not later 
        than 60 days after receiving a notice from the Secretary 
        requiring such a certification, the employer's chief executive 
        officer or similar official with responsibility for, and 
        authority to bind the company on, all hiring and immigration 
        compliance notices shall certify under penalty of perjury that 
        the employer is in conformance with the requirements of 
        paragraphs (1) through (4) of subsection (c), pertaining to 
        document verification requirements, and with any additional 
        requirements that the Secretary may promulgate by regulation 
        pursuant to subsections (c) and (k), or that the employer has 
        instituted a program to come into compliance with these 
        requirements. At the request of the employer, the Secretary may 
        extend the 60-day deadline for good cause. The Secretary may 
        publish in the Federal Register standards or methods for such 
        certification, require specific recordkeeping practices with 
        respect to such certifications, and audit such records at any 
        time. The authority granted under this paragraph may not be 
        construed to diminish or qualify any other penalty provided 
        under this section.
            ``(6) Judicial review.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, including sections 1361 and 1651 of 
                title 28, United States Code, no court shall have 
                jurisdiction to consider a final determination or 
                penalty claim issued under paragraph (3)(C), except as 
                specifically provided under this paragraph. Except as 
                specifically provided in this paragraph, judicial 
                review of a final determination under paragraph (4) 
                shall be governed exclusively under chapter 158 of such 
                title 28. The filing of a petition under this paragraph 
                shall stay the Secretary's determination until entry of 
                judgment by the court. The Secretary may require that 
                petitioner provide, prior to filing for review, 
                security for payment of fines and penalties through 
                bond or other guarantee of payment acceptable to the 
                Secretary.
                    ``(B) Requirements for review of a final 
                determination.--With respect to judicial review of a 
                final determination or penalty claim issued under 
                paragraph (3)(C), the following requirements shall 
                apply:
                            ``(i) Deadline.--The petition for review 
                        shall be filed not later than 30 days after the 
                        date of the final determination or penalty 
                        claim issued under paragraph (3)(C).
                            ``(ii) Venue and forms.--The petition for 
                        review shall be filed with the court of appeals 
                        for the judicial circuit wherein the employer 
                        resided when the final determination or penalty 
                        claim was issued. The record and briefs do not 
                        have to be printed. The court of appeals shall 
                        review the proceeding on a typewritten record 
                        and on typewritten briefs.
                            ``(iii) Service.--The respondent is either 
                        the Secretary of Homeland Security or the 
                        Commissioner of Social Security, but not both, 
                        depending upon who issued (or affirmed) the 
                        final nonconfirmation notice. In addition to 
                        serving the respondent, the petitioner must 
                        also serve the Attorney General.
                            ``(iv) Petitioner's brief.--The petitioner 
                        shall serve and file a brief in connection with 
                        a petition for judicial review not later than 
                        40 days after the date on which the 
                        administrative record is available, and may 
                        serve and file a reply brief not later than 14 
                        days after service of the brief of the 
                        respondent, and the court may not extend these 
                        deadlines, except for good cause shown. If a 
                        petitioner fails to file a brief within the 
                        time provided in this paragraph, the court 
                        shall dismiss the appeal unless a manifest 
                        injustice would result.
                            ``(v) Scope and standard for review.--The 
                        court of appeals shall decide the petition only 
                        on the administrative record on which the final 
                        determination is based. The burden shall be on 
                        the petitioner to show that the final 
                        determination was arbitrary, capricious, not 
                        supported by substantial evidence, or otherwise 
                        not in accordance with law. Administrative 
                        findings of fact are conclusive unless any 
                        reasonable adjudicator would be compelled to 
                        conclude to the contrary.
                    ``(C) Exhaustion of administrative remedies.--A 
                court may review a final determination under paragraph 
                (3)(C) only if--
                            ``(i) the petitioner has exhausted all 
                        administrative remedies available to the 
                        petitioner as of right; and
                            ``(ii) another court has not decided the 
                        validity of the order, unless the reviewing 
                        court finds that the petition presents grounds 
                        that could not have been presented in the prior 
                        judicial proceeding or that the remedy provided 
                        by the prior proceeding was inadequate or 
                        ineffective to test the validity of the order.
                    ``(D) Limit on injunctive relief.--Regardless of 
                the nature of the action or claim or of the identity of 
                the party or parties bringing the action, no court, 
                except for the Supreme Court, shall have jurisdiction 
                or authority to enjoin or restrain the operation of the 
                provisions in this section, other than with respect to 
                the application of such provisions to an individual 
                petitioner.
            ``(7) Enforcement of orders.--If an employer fails to 
        comply with a final determination issued against such employer 
        under this subsection, and the final determination is not 
        subject to review under paragraph (6), the Attorney General may 
        file suit to enforce compliance with the final determination in 
        any appropriate district court of the United States. In any 
        such suit, the validity and appropriateness of the final 
        determination shall not be subject to review.
            ``(8) Liens.--
                    ``(A) Creation of lien.--If any employer is held 
                liable for a fee or penalty under this section, 
                neglects or refuses to pay such liability, and fails to 
                file a petition for review under paragraph (6), such 
                liability is a lien in favor of the United States on 
                all property and rights to property of such person as 
                if the liability of such person were a liability for a 
                tax assessed under the Internal Revenue Code of 1986. 
                If a petition for review is filed under paragraph (6), 
                the lien shall arise upon the entry of a final judgment 
                by the court and shall continue for 20 years or until 
                the liability is satisfied, remitted, set aside, or 
                terminated.
                    ``(B) Effect of filing notice of lien.--Upon filing 
                a notice of lien in the manner in which a notice of tax 
                lien would be filed under paragraphs (1) and (2) of 
                section 6323(f) of the Internal Revenue Code of 1986, 
                the lien shall be valid against any purchaser, holder 
                of a security interest, mechanic's lien or judgment 
                lien creditor, except with respect to properties or 
                transactions specified in subsection (b), (c), or (d) 
                of such section 6323 for which a notice of tax lien 
                properly filed on the same date would not be valid. The 
                notice of lien shall be considered a notice of lien for 
                taxes payable to the United States for the purpose of 
                any State or local law providing for the filing of a 
                notice of a tax lien. A notice of lien that is 
                registered, recorded, docketed, or indexed in 
                accordance with the rules and requirements relating to 
                judgments of the courts of the State where the notice 
                of lien is registered, recorded, docketed, or indexed 
                shall be considered for all purposes as the filing 
                prescribed by this section. The provisions of section 
                3201(e) of title 28, United States Code, shall apply to 
                liens filed under this section.
                    ``(C) Enforcement of a lien.--A lien obtained 
                through this process shall be considered a debt (as 
                defined in section 3002 of title 28, United States 
                Code) and enforceable pursuant to subchapter C of 
                chapter 176 of title 28, United States Code (commonly 
                known as the Federal Debt Collection Procedures Act).
    ``(o) Criminal Penalties and Injunctions for Pattern or Practice 
Violations.--
            ``(1) Criminal penalty.--Any employer that engages in a 
        pattern or practice of knowing violations of paragraph (1)(A) 
        or (2) of subsection (a) shall be fined not more than $75,000 
        for each unauthorized alien with respect to whom such a 
        violation occurs, imprisoned for not more than 6 months for the 
        entire pattern or practice, or both.
            ``(2) Enjoining of pattern or practice violations.--If the 
        Secretary of Homeland Security or the Attorney General has 
        reasonable cause to believe that an employer is engaged in a 
        pattern or practice of employment, recruitment, or referral in 
        violation of paragraph (1)(A) or (2) of subsection (a), the 
        Attorney General may bring a civil action in the appropriate 
        district court of the United States requesting such relief, 
        including a permanent or temporary injunction, restraining 
        order, or other order against the employer, as the Secretary 
        determines to be necessary.
    ``(p) Prohibition of Indemnity Bonds.--
            ``(1) Prohibition.--It is unlawful for an employer, in the 
        hiring, recruiting, or referring for employment of any 
        individual, to require the individual to post a bond or 
        security, to pay or agree to pay an amount, or otherwise to 
        provide a financial guarantee or indemnity, against any 
        potential liability arising under this section relating to such 
        hiring, recruiting, or referring of the individual.
            ``(2) Civil penalty.--If the Secretary determines, after 
        notice and opportunity for mitigation of the monetary penalty 
        under subsection (d), that an employer has violated paragraph 
        (1), the employer shall be subject to a civil penalty of 
        $10,000 for each violation and to an administrative order 
        requiring the return of any amounts received in violation of 
        such paragraph to the employee or, if the employee cannot be 
        located, to the general fund of the Treasury.
    ``(q) Government Contracts.--
            ``(1) Employers.--
                    ``(A) In general.--If the Secretary determines that 
                an employer who does not hold Federal contracts, 
                grants, or cooperative agreements is a repeat violator 
                of this section or is convicted of a crime under this 
                section, the employer shall be subject to debarment 
                from the receipt of Federal contracts, grants, or 
                cooperative agreements for a period not to exceed 2 
                years in accordance with the procedures and standards 
                prescribed by the Federal Acquisition Regulations.
                    ``(B) Notification; listing.--The Secretary or the 
                Attorney General shall notify the Administrator of 
                General Services of any such debarment, and the 
                Administrator of General Services shall list the 
                employer on the List of Parties Excluded from Federal 
                Procurement and Nonprocurement Programs for the period 
                of the debarment.
                    ``(C) Waiver; limitation.--The Administrator of 
                General Services, in consultation with the Secretary 
                and Attorney General, may waive operation of this 
                subsection or may limit the duration or scope of the 
                debarment.
                    ``(D) Rulemaking.--The Secretary shall promulgate a 
                regulation, in accordance with the requirements under 
                section 553 of title 5, United States Code, that 
                defines the term `repeat violator' for purposes of this 
                subsection.
            ``(2) Contractors and recipients.--
                    ``(A) In general.--If the Secretary determines that 
                an employer who holds Federal contracts, grants, or 
                cooperative agreements is a repeat violator of this 
                section or is convicted of a crime under this section, 
                the employer shall be subject to debarment from the 
                receipt of Federal contracts, grants, or cooperative 
                agreements for a period not to exceed 2 years in 
                accordance with the procedures and standards prescribed 
                by the Federal Acquisition Regulations.
                    ``(B) Notification.--Before such debarment, the 
                Secretary, in cooperation with the Administrator of 
                General Services, shall notify all agencies holding 
                contracts, grants, or cooperative agreements with the 
                employer of the proceedings to debar the employer from 
                the receipt of new Federal contracts, grants, or 
                cooperative agreements for a period not to exceed 2 
                years.
                    ``(C) Waiver; limitation.--After consideration of 
                the views of agencies holding contracts, grants or 
                cooperative agreements with the employer, the Secretary 
                may, instead of debarring the employer from receiving 
                new Federal contracts, grants, or cooperative 
                agreements for a period not to exceed 2 years, waive 
                operation of this subsection, limit the duration or 
                scope of the proposed debarment, or may refer to an 
                appropriate lead agency the decision of whether to seek 
                debarment of the employer, for what duration, and under 
                what scope in accordance with the procedures and 
                standards prescribed by the Federal Acquisition 
                Regulation.
                    ``(D) Review.--Any proposed debarment predicated on 
                an administrative determination of liability for civil 
                penalty by the Secretary or the Attorney General shall 
                not be reviewable in any debarment proceeding.
            ``(3) Suspension.--Indictments for violations of this 
        section or adequate evidence of actions that could form the 
        basis for debarment under this subsection shall be considered a 
        cause for suspension under the procedures and standards for 
        suspension prescribed by the Federal Acquisition Regulation.
            ``(4) Inadvertent violations.--Inadvertent violations of 
        recordkeeping or verification requirements, in the absence of 
        any other violations of this section, shall not be a basis for 
        determining that an employer is a repeat violator for purposes 
        of this subsection.
    ``(r) Documentation.--In providing documentation or endorsement of 
authorization of aliens (other than aliens lawfully admitted for 
permanent residence) authorized to be employed in the United States, 
the Secretary shall provide that any limitations with respect to the 
period or type of employment or employer shall be conspicuously stated 
on the documentation or endorsement.
    ``(s) Deposit of Amounts Received.--Except as otherwise specified, 
civil penalties collected under this section shall be deposited by the 
Secretary into the general fund of the Treasury.
    ``(t) No Match Notice.--
            ``(1) In general.--For the purpose of this subsection, a no 
        match notice is written notice from the Social Security 
        Administration to an employer reporting earnings on a Form W-2 
        that employees' names or corresponding social security account 
        numbers fail to match SSA records. The Secretary, in 
        consultation with the Commissioner of Social Security, is 
        authorized to establish by regulation requirements for 
        verifying the identity and work authorization of employees who 
        are the subject of no-match notices.
            ``(2) Rulemaking.--The Secretary shall establish, by 
        regulation, a reasonable period during which an employer shall 
        allow an employee who is subject to a no match notice to 
        resolve the no match notice with no adverse employment 
        consequences to the employee. The Secretary may establish, by 
        regulation, penalties for noncompliance.
    ``(u) Challenges to Validity.--
            ``(1) In general.--Any right, benefit, or claim not 
        otherwise waived or limited under this section is available in 
        an action instituted in the United States District Court for 
        the District of Columbia. Such action shall be limited to 
        determinations of--
                    ``(A) whether this section, or any regulation 
                issued to implement this section, violates the 
                Constitution of the United States; or
                    ``(B) whether such a regulation issued by or under 
                the authority of the Secretary to implement this 
                section, is contrary to applicable provisions of this 
                section or was issued in violation of chapter 5 of 
                title 5, United States Code.
            ``(2) Deadlines for bringing actions.--Any action 
        instituted under this paragraph shall be filed not later than 
        90 days after the date the challenged section or regulation 
        described in subparagraph (A) or (B) of paragraph (1) is first 
        implemented.
            ``(3) Class actions.--The court may not certify a class 
        under Rule 23 of the Federal Rules of Civil Procedure in any 
        action under this section.
            ``(4) Rule of construction.--In determining whether the 
        Secretary's interpretation regarding any provision of this 
        section is contrary to law, a court shall accord to such 
        interpretation the maximum deference permissible under the 
        Constitution.
            ``(5) No attorneys' fees.--Notwithstanding any other 
        provision of law, the court shall not award fees or other 
        expenses to any person or entity based upon any action relating 
        to this section that is brought under this subsection.
    ``(v) Notification of Expiration of Admission.--Notwithstanding any 
other provision of this Act, an employer or educational institution 
shall notify an alien in writing of the expiration of the alien's 
period of authorized admission not later than 14 days before such 
eligibility expires.''.

SEC. 252. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO ASSIST IN 
              IMMIGRATION ENFORCEMENT.

    (a) Disclosure of Certain Taxpayer Identity Information.--
            (1) In general.--Section 6103(l) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        paragraph:
            ``(21) Disclosure of certain taxpayer identity information 
        by social security administration to department of homeland 
        security.--
                    ``(A) In general.--From taxpayer identity 
                information or other information which has been 
                disclosed or otherwise made available to the Social 
                Security Administration and upon written request by the 
                Secretary of Homeland Security (referred to in this 
                paragraph as the `Secretary'), the Commissioner of 
                Social Security shall disclose directly to officers, 
                employees, and contractors of the Department of 
                Homeland Security--
                            ``(i) the taxpayer identity information of 
                        each person who has filed an information return 
                        required by reason of section 6051 after 
                        calendar year 2005 and before the date 
                        specified in subparagraph (D) which contains--
                                    ``(I) 1 (or any greater number the 
                                Secretary shall request) taxpayer 
                                identifying number, name, and address 
                                of any employee (within the meaning of 
                                such section) that did not match the 
                                records maintained by the Commissioner 
                                of Social Security, or
                                    ``(II) 2 (or any greater number the 
                                Secretary shall request) names, and 
                                addresses of employees (within the 
                                meaning of such section), with the same 
                                taxpayer identifying number,
                        and the taxpayer identity of each such 
                        employee, and
                            ``(ii) the taxpayer identity of each person 
                        who has filed an information return required by 
                        reason of section 6051 after calendar year 2005 
                        and before the date specified in subparagraph 
                        (D) which contains the taxpayer identifying 
                        number (assigned under section 6109) of an 
                        employee (within the meaning of section 6051)--
                                    ``(I) who is under the age of 14 
                                (or any lesser age the Secretary shall 
                                request), according to the records 
                                maintained by the Commissioner of 
                                Social Security,
                                    ``(II) whose date of death, 
                                according to the records so maintained, 
                                occurred in a calendar year preceding 
                                the calendar year for which the 
                                information return was filed,
                                    ``(III) whose taxpayer identifying 
                                number is contained in more than one 
                                (or any greater number the Secretary 
                                shall request) information return filed 
                                in such calendar year, or
                                    ``(IV) who is not authorized to 
                                work in the United States, according to 
                                the records maintained by the 
                                Commissioner of Social Security,
                        and the taxpayer identity and date of birth of 
                        each such employee.
                    ``(B) Reimbursement.--The Secretary shall transfer 
                to the Commissioner the funds necessary to cover the 
                additional cost directly incurred by the Commissioner 
                in carrying out the searches or manipulations requested 
                by the Secretary.''
            (2) Compliance by dhs contractors with confidentiality 
        safeguards.--Section 6103(p) of such Code is amended by adding 
        at the end the following new paragraph:
            ``(9) Disclosure to dhs contractors.--Notwithstanding any 
        other provision of this section, no return or return 
        information shall be disclosed to any contractor of the 
        Department of Homeland Security unless such Department, to the 
        satisfaction of the Secretary--
                    ``(A) has requirements in effect which require each 
                such contractor which would have access to returns or 
                return information to provide safeguards (within the 
                meaning of paragraph (4)) to protect the 
                confidentiality of such returns or return information,
                    ``(B) agrees to conduct an on-site review every 3 
                years (mid-point review in the case of contracts or 
                agreements of less than 3 years in duration) of each 
                contractor to determine compliance with such 
                requirements,
                    ``(C) submits the findings of the most recent 
                review conducted under subparagraph (B) to the 
                Secretary as part of the report required by paragraph 
                (4)(E), and
                    ``(D) submits a certification to the Secretary for 
                the most recent annual period that includes the name 
                and address of each contractor, a description of the 
                contract or agreement with such contractor, and the 
                duration of such contract or agreement, and certifies 
                that such contractor is in compliance with all such 
                requirements.''.
            (3) Conforming amendments.--
                    (A) Section 6103(a)(3) of such Code is amended by 
                striking ``or (20)'' and inserting ``(20), or (21)''.
                    (B) Section 6103(p)(3)(A) of such Code is amended 
                by adding at the end the following new sentence: ``The 
                Commissioner of Social Security shall provide to the 
                Secretary such information as the Secretary may require 
                in carrying out this paragraph with respect to return 
                information inspected or disclosed under the authority 
                of subsection (l)(21).''.
                    (C) Section 6103(p)(4) of such Code is amended--
                            (i) by striking ``or (17)'' both places it 
                        appears and inserting ``(17), or (21)''; and
                            (ii) by striking ``or (20)'' each place it 
                        appears and inserting ``(20), or (21)''.
                    (D) Section 6103(p)(8)(B) of such Code is amended 
                by inserting ``or paragraph (9)'' after ``subparagraph 
                (A)''.
                    (E) Section 7213(a)(2) of such Code is amended by 
                striking ``or (20)'' and inserting ``(20), or (21)''.
    (b) Falsely Claiming Citizenship or Nationality.--Section 
212(a)(6)(C)(ii)(I) is amended by inserting ``or national'' after 
``citizen''.
    (c) Repeal of Reporting Requirements.--
            (1) Report on earnings of aliens not authorized to work.--
        Section 290(c) of the Immigration and Nationality Act (8 U.S.C. 
        1360) is repealed.
            (2) Report on fraudulent use of social security account 
        numbers.--Section 414(b) of the Illegal Immigration Reform and 
        Immigrant Responsibility Act of 1996 (division C of Public Law 
        104-208; 8 U.S.C. 1360 note) is repealed.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as are 
necessary to carry out the amendments made by this section.
    (e) Effective Dates.--
            (1) In general.--The amendments made by subsection (a) 
        shall apply to disclosures made on or after the date of the 
        enactment of this Act.
            (2) Certifications.--The first certification under section 
        6103(p)(9)(D) of the Internal Revenue Code of 1986, as added by 
        subsection (a)(2), shall be made with respect to calendar year 
        2007.
            (3) Repeals.--The repeals made by subsection (c) shall take 
        effect on the date of the enactment of this Act.

SEC. 253. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.

    (a) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant Social 
Security Cards.--
            (1) Issuance.--Not later than the first day of the second 
        fiscal year in which amounts are appropriated pursuant to 
        subsection (e), the Commissioner of Social Security shall begin 
        to administer and issue fraud-resistant, tamper-resistant, and 
        wear-resistant social security cards displaying a photograph.
            (2) Interim.--Not later than the first day of the seventh 
        fiscal year in which amounts are appropriated pursuant to 
        subsection (e), the Commissioner of Social Security shall issue 
        only fraud-resistant, tamper-resistant, and wear-resistant 
        social security cards displaying a photograph.
            (3) Completion.--Not later than the first day of the tenth 
        fiscal year in which amounts are appropriated pursuant to 
        subsection (e), all social security cards that are not fraud-
        resistant, tamper-resistant, and wear-resistant shall be 
        invalid for establishing employment authorization for any 
        individual 16 years of age or older.
            (4) Exemption.--Nothing in this section may be construed 
        to--
                    (A) require an individual under the age of 16 years 
                to be issued or to present for any purpose a social 
                security card described in this subsection, unless 
                needed to establish employment authorization; or
                    (B) prohibit the Commissioner of Social Security 
                from issuing a social security card that does not meet 
                the requirements under this subsection to an individual 
                under the age of 16 years who otherwise meets the 
                eligibility requirements for a social security card.
    (b) Additional Duties of the Social Security Administration.--In 
accordance with the responsibilities of the Commissioner of Social 
Security under section 205(c)(2)(I) of the Social Security Act, as 
added by section 256 of this Act, the Commissioner--
            (1) shall issue a social security card to an individual at 
        the time of the issuance of a social security account number to 
        such individual, which card shall--
                    (A) contain such security and identification 
                features as determined by the Secretary of Homeland 
                Security, in consultation with the Commissioner; and
                    (B) be fraud-resistant, tamper-resistant, and wear-
                resistant;
            (2) in consultation with the Secretary, shall issue 
        regulations specifying such particular security and 
        identification features, renewal requirements (including 
        updated photographs), and standards for the social security 
        card as necessary to be acceptable for purposes of establishing 
        identity and employment authorization under the immigration 
        laws of the United States; and
            (3) may not issue a replacement social security card to any 
        individual unless the Commissioner determines that the purpose 
        for requiring the issuance of the replacement document is 
        legitimate.
    (c) Reporting Requirements.--
            (1) Report on the use of identification documents.--Not 
        later than the first day of the tenth fiscal year in which 
        amounts are appropriated pursuant to subsection (e), the 
        Secretary shall submit to Congress a report recommending which 
        documents, if any, among those described in section 274A(c)(1) 
        of the Immigration and Nationality Act, should continue to be 
        used to establish identity and employment authorization in the 
        United States.
            (2) Report on implementation.--
                    (A) In general.--Not later than 12 months after the 
                date on which the Commissioner begins to administer and 
                issue fraud-resistant, tamper-resistant, and wear-
                resistant cards under subsection (d)(1), and annually 
                thereafter, the Commissioner shall submit to Congress a 
                report on the implementation of this section.
                    (B) Contents.--The report submitted under 
                subparagraph (A) shall include an analysis of--
                            (i) the amounts needed to be appropriated 
                        to implement this section; and
                            (ii) any measures taken to protect the 
                        privacy of individuals who hold social security 
                        cards described in this section.
    (d) Access to Social Security Card Information.--Section 
205(c)(2)(I)(i) of the Social Security Act, as added by section 256 of 
this Act, is further amended by inserting at the end of the flush text 
at the end the following: ``As part of the employment eligibility 
verification system established under section 274A of the Immigration 
and Nationality Act, the Commissioner of Social Security shall provide 
to the Secretary of Homeland Security access to any photograph, other 
feature, or information included in the social security card.''.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
and the amendments made by this section.

SEC. 254. INCREASING SECURITY AND INTEGRITY OF IDENTITY DOCUMENTS.

    (a) Purpose.--The Secretary of Homeland Security, shall establish 
the State Records Improvement Grant Program (referred to in this 
section as the ``Program''), under which the Secretary may award grants 
to States for the purpose of advancing the purposes of this Act and of 
issuing or implementing plans to issue driver's license and identity 
cards that--
            (1) can be used for purposes of verifying identity under 
        section 274A of the Immigration and Nationality Act, as added 
        by section 251 of this Act; and
            (2) comply with the State license requirements under 
        section 202 of the REAL ID Act of 2005 (division B of Public 
        Law 109-13; 49 U.S.C. 30301 note).
    (b) Ineligibility.--States that do not certify their intent to 
comply with the provisions of the REAL ID Act of 2005 or do not submit 
a compliance plan acceptable to the Secretary are not eligible to 
receive a grant under the Program. Driver's license or identification 
cards issued by States that do not comply with the provisions of the 
REAL ID Act of 2005 may not be used to verify identity under section 
274A of the Immigration and Nationality Act, except under conditions 
approved by the Secretary.
    (c) Grants and Contracts Authorized.--
            (1) In general.--The Secretary is authorized to award 
        grants, subject to the availability of appropriations, to a 
        State to provide assistance to such State agency to meet the 
        deadlines for the issuance of a driver's license which meets 
        the requirements of section 202 of the REAL ID Act of 2005 
        (division B of Public Law 109-13; 49 U.S.C. 30301 note).
            (2) Duration.--Grants may be awarded under this subsection 
        during fiscal years 2008 through 2012.
            (3) Competitive basis.--The Secretary shall give priority 
        to States whose plan to implement the provisions of the REAL ID 
        Act of 2005 is compatible with the employment verification 
        systems, processes, and implementation schedules set forth in 
        section 274A of the Immigration and Nationality Act, as 
        determined by the Secretary. Minimum standards for 
        compatibility will include the ability of the State to promptly 
        verify the document and provide access to the digital 
        photograph displayed on the document.
            (4) Funding options.--If the Secretary of Homeland Security 
        determines that compliance with the provisions of the REAL ID 
        Act of 2005 and with the requirements of the employment 
        verification system can best be met by awarding grants or 
        contracts to a State, a group of States, a government agency, 
        or a private entity, the Secretary may utilize Program funds to 
        award such a grant, grants, contract or contracts.
            (5) Improving accuracy and availability of records.--On an 
        expedited basis, the Secretary shall award grants or contracts 
        for the purpose of improving the accuracy and electronic 
        availability of states' records of births, deaths, driver's 
        licenses, and of other records necessary for implementation of 
        the Employment Eligibility Verification System and as otherwise 
        necessary to advance the purposes of this Act.
    (d) Use of Funds.--Grants or contracts awarded pursuant to the 
Program may be used to assist State compliance with the requirements 
under the REAL ID Act of 2005, including--
            (1) upgrading and maintaining technology;
            (2) obtaining equipment;
            (3) hiring additional personnel;
            (4) covering operational costs, including overtime; and
            (5) acquiring such other resources as are available to 
        assist such grantee.
    (e) Application.--
            (1) In general.--Each eligible state seeking a grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and accompanied by such information 
        as the Secretary may reasonably require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought; and
                    (B) provide such additional assurances as the 
                Secretary determines to be essential to ensure 
                compliance with the requirements of this section.
    (f) Conditions.--All grants under the Program shall be conditioned 
on the recipient--
            (1) certifying compliance with the provisions under the 
        REAL ID Act of 2005 and providing implementation plans that are 
        acceptable to the Secretary, including--
                    (A) the adoption of appropriate security measures 
                to protect against improper issuance of driver's 
                licenses and identity cards, tampering with electronic 
                issuance systems, and identity theft as the Secretary 
                may prescribe;
                    (B) ensuring introduction and maintenance of such 
                security features and other measures necessary to make 
                the documents issued by recipient resistant to 
                tampering, counterfeiting, and fraudulent use as the 
                Secretary may prescribe; and
                    (C) ensuring implementation and maintenance of such 
                safeguards for the security of the information 
                contained on these documents as the Secretary may 
                prescribe;
            (2) agreeing to adhere to the timetables and procedures for 
        issuing driver's licenses and identification cards that comply 
        with the provisions of the REAL ID Act of 2005, as required 
        under section 274A(c)(1)(F) of the Immigration and Nationality 
        Act; and
            (3) agreeing to implement the requirements of this Act and 
        any implementing regulations to the satisfaction of the 
        Secretary of Homeland Security.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated $300,000,000 for each of fiscal years 2008 through 2012 to 
carry out the provisions of this section.
    (h) Supplement Not Supplant.--Amounts appropriated for grants under 
this section shall be used to supplement and not supplant other State 
and local public funds obligated for the purposes provided under this 
title.
    (i) Additional Uses.--Amounts authorized under this section may 
also be used to assist in sharing of law enforcement information 
between States and the Department of Homeland Security, at the 
discretion of the Secretary of Homeland Security.

SEC. 255. VOLUNTARY ADVANCED VERIFICATION PROGRAM TO COMBAT IDENTITY 
              THEFT.

    (a) Voluntary Advanced Verification Program.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Secretary shall establish and 
        make available to willing employers a voluntary program, to be 
        known as the Voluntary Advanced Verification Program, to allow 
        employers to submit and verify an employee's fingerprints for 
        purposes of determining the identity and work authorization of 
        the employee.
            (2) Voluntary participation.--Nothing in this section may 
        be construed to require employers to participate in the 
        Voluntary Advanced Verification Program.
    (b) Limited Retention Period for Fingerprints.--
            (1) In general.--The Secretary may only maintain 
        fingerprint records of any citizen of the United States that 
        were submitted by an employer through the Employment 
        Eligibility Verification System (referred to in this section as 
        ``EEVS'') for 10 business days. At the end of such period, such 
        records shall be purged from any EEVS-related system unless the 
        fingerprints have been ordered to be retained for purposes of a 
        fraud or similar investigation by a government agency with 
        criminal or other investigative authority.
            (2) Exception.--For purposes of preventing identity theft 
        or other harm, an employee who is a citizen of the United 
        States may submit a written request that the employee's 
        fingerprint records be retained for employee verification 
        purposes by the Secretary. Upon receiving written consent, the 
        Secretary may retain such fingerprint records until the 
        employee notifies the Secretary in writing that such consent 
        has been withdrawn, at which time the Secretary shall purge 
        such fingerprint records within 10 business days unless the 
        fingerprints have been ordered to be retained for purposes of a 
        fraud or similar investigation by a government agency with an 
        independent criminal or other investigative authority.
    (c) Limited Use of Fingerprints Submitted for Program.--The 
Secretary and the employer may use any fingerprints taken from the 
employee and transmitted for querying EEVS solely for the purposes of 
verifying identity and employment eligibility during the employee 
verification process. Such transmitted fingerprints may not be used for 
any other purpose. This provision does not alter any other provisions 
regarding the use of non-fingerprint information in EEVS.
    (d) Safeguarding of Fingerprint Information.--The Secretary, 
subject to specifications and limitations set forth under this section 
and other relevant provisions of this Act, shall be responsible for 
safely and securely maintaining and storing all fingerprints submitted 
under this program.

SEC. 256. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.

    Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), 
is amended by adding at the end the following new subparagraphs:
            ``(I)(i) As part of the verification system established 
        under this paragraph, the Commissioner of Social Security 
        shall, subject to the provisions of section 274A(d) of the 
        Immigration and Nationality Act, establish a reliable, secure 
        method that, operating through the Employment Eligibility 
        Verification System--
                    ``(I) compares the name, social security account 
                number and available citizenship information provided 
                in an inquiry against such information maintained by 
                the Commissioner in order to confirm (or not confirm) 
                the validity of the information provided regarding an 
                individual whose identity and employment eligibility 
                must be confirmed;
                    ``(II) analyzes the correspondence of the name, 
                number, and any other identifying information;
                    ``(III) determines whether the name and number 
                belong to an individual who is deceased;
                    ``(IV) determines whether an individual is a 
                national of the United States (when available);
                    ``(V) determines whether the individual has 
                presented a social security account number that is not 
                valid for employment; and
                    ``(VI) does not disclose or release social security 
                information to employers through the confirmation 
                system (other than such confirmation or 
                nonconfirmation).
            ``(ii) For purposes of preventing identity theft, 
        protecting employees, and reducing burden on employers, and 
        notwithstanding section 6103 of the Internal Revenue Code of 
        1986, the Commissioner of Social Security, in consultation with 
        the Secretary of Homeland Security, shall--
                    ``(I) review the Social Security Administration 
                databases and information technology to identify any 
                deficiencies and discrepancies related to name, birth 
                date, citizenship status, or death records of the 
                social security accounts and social security account 
                holders that are likely to contribute to fraudulent use 
                of documents, or identity theft, or to affect the 
                proper functioning of EEVS;
                    ``(II) correct any errors identified under 
                subclause (I); and
                    ``(III) ensure that a system for identifying and 
                correcting such deficiencies and discrepancies is 
                adopted to ensure the accuracy of the Social Security 
                Administration's databases.
            ``(iii) The Commissioner of Social Security, in 
        consultation with the Secretary of Homeland Security, shall 
        establish a secure process whereby an individual can request 
        that the Commissioner preclude any confirmation under EEVS 
        based on that individual's Social Security number until it is 
        reactivated by that individual.''.

SEC. 257. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL REVENUE 
              SERVICE AND THE SOCIAL SECURITY ADMINISTRATION.

    (a) Tightening Requirements for the Provision of Social Security 
Numbers on Form W-2 Wage and Tax Statements.--Section 6724 of the 
Internal Revenue Code of 1986 (relating to waiver; definitions and 
special rules) is amended by adding at the end the following new 
subsection:
    ``(f) Special Rules With Respect to Social Security Numbers on 
Withholding Exemption Certificates.--
            ``(1) Reasonable cause waiver not to apply.--Except as 
        provided in paragraph (2), subsection (a) shall not apply with 
        respect to the social security account number of an employee 
        furnished under section 6051(a)(2).
            ``(2) Exception.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), paragraph (1) shall not apply in any 
                case in which the employer--
                            ``(i) receives confirmation that the 
                        discrepancy described in section 205(c)(2)(I) 
                        of the Social Security Act (42 U.S.C. 
                        405(c)(2)(I)) has been resolved, or
                            ``(ii) corrects a clerical error made by 
                        the employer with respect to the social 
                        security account number of an employee not 
                        later than 60 days after receiving notification 
                        under section 205(c)(2)(I) of the Social 
                        Security Act that the social security account 
                        number contained in wage records provided to 
                        the Social Security Administration by the 
                        employer with respect to the employee does not 
                        match the social security account number of the 
                        employee contained in relevant records 
                        otherwise maintained by the Social Security 
                        Administration.
                    ``(B) Exception not applicable to frequent 
                offenders.--Subparagraph (A) shall not apply--
                            ``(i) in any case in which not fewer than 
                        50 of the statements required to be made by an 
                        employer pursuant to section 6051 either fail 
                        to include an employee's social security 
                        account number or include an incorrect social 
                        security account number, or
                            ``(ii) with respect to any employer who has 
                        received written notification under section 
                        205(c)(2)(1) of the Social Security Act during 
                        each of the 3 preceding taxable years that the 
                        social security account numbers in the wage 
                        records provided to the Social Security 
                        Administration by such employer with respect to 
                        10 more employees do not match relevant records 
                        otherwise maintained by the Social Security 
                        Administration.''.
    (b) Enforcement.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of the Treasury, in 
        consultation with the Secretary, shall establish a unit within 
        the Criminal Investigation Office of the Internal Revenue 
        Service to investigate violations of the Internal Revenue Code 
        of 1986 related to the employment of individuals who are not 
        authorized to work in the United States.
            (2) Special agents; support staff.--The Secretary of the 
        Treasury--
                    (A) shall assign to the unit established pursuant 
                to paragraph (1) not fewer than 10 full-time special 
                agents and necessary support staff; and
                    (B) may employ not more than 200 full time special 
                agents for this unit based on investigative 
                requirements and work load.
            (3) Reports.--During each of the first 5 calendar years 
        beginning after the date on which the unit was established, and 
        biennially thereafter, the unit shall transmit to Congress a 
        report that describes its activities and includes the number of 
        investigations and cases referred for prosecution.
    (c) Increase in Penalty on Employer Failing To File Correct 
Information Returns.--Section 6721 of such Code (relating to failure to 
file correct information returns) is amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``$50'' and inserting ``$200''; and
                    (B) by striking ``$250,000'' and inserting 
                ``$1,000,000'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``$15 
                        in lieu of $50'' and inserting ``$60 instead of 
                        $200''; and
                            (ii) in subparagraph(B), by striking 
                        ``$75,000'' and inserting ``$300,000''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``$30 
                        in lieu of $50'' and inserting ``$120 instead 
                        of $200''; and
                            (ii) in subparagraph (B), by striking 
                        ``$150,000'' and inserting ``$600,000''; and
            (3) in subsection (d)--
                    (A) in the subsection heading, by striking 
                ``$5,000,000'' and inserting ``$2,000,000'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ```$100,000' for `$250,000''' and inserting 
                        ```$400,000' for `$1,000,000''';
                            (ii) in subparagraph (B), by striking 
                        ```$25,000' for `$75,000''' and inserting 
                        ```$100,000' for `$300,000'''; and
                            (iii) in subparagraph (C), by striking 
                        ```$50,000' for `$150,000''' and inserting 
                        ```$200,000' for `$600,000'''; and
                    (C) in paragraph (2)(A), by striking ``$5,000,000'' 
                and inserting ``$2,000,000''; and
            (4) in subsection (e)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``$100'' and inserting ``$400'';
                            (ii) in subparagraph (C)(i), by striking 
                        ``$25,000'' and inserting ``$100,000''; and
                            (iii) in subparagraph (C)(ii), by striking 
                        ``$100,000'' and inserting ``$400,000''; and
                    (B) in paragraph (3)(A), by striking ``$250,000'' 
                and inserting ``$1,000,000''.
    (d) Effective Date.--The amendments made by subsections (b) and (c) 
shall apply to failures occurring after December 31, 2006.

SEC. 258. ADDITIONAL CRIMINAL PENALTIES FOR MISUSE OF SOCIAL SECURITY 
              ACCOUNT NUMBERS.

    (a) In General.--Section 208(a) of the Social Security Act (42 
U.S.C. 408(a)) is amended--
            (1) by amending paragraph (7) to read as follows:
            ``(7) for any purpose--
                    ``(A) knowingly possesses or uses a social security 
                account number or social security card knowing that 
                such number or card was obtained from the Commissioner 
                of Social Security by means of fraud or false 
                statements;
                    ``(B) knowingly and falsely represents a number to 
                be the social security account number assigned by the 
                Commissioner of Social Security to the person or to 
                another person, when in fact such number is not the 
                social security account number assigned by the 
                Commissioner of Social Security to such person or to 
                such other person;
                    ``(C) knowingly buys, sells, or possesses with 
                intent to buy or sell a social security account number 
                or a social security card that is or purports to be a 
                number or card issued by the Commissioner of Social 
                Security;
                    ``(D) knowingly alters, counterfeits, forges, or 
                falsely makes a social security account number or a 
                social security card; or
                    ``(E) knowingly possesses, uses, distributes, or 
                transfers a social security account number or a social 
                security card knowing the number or card to be altered, 
                counterfeited, forged, falsely made, or stolen; or'';
            (2) in paragraph (8)--
                    (A) by inserting ``knowingly'' before 
                ``discloses'';
                    (B) by inserting ``account'' after ``security''; 
                and
                    (C) by inserting ``or'' after the semicolon at the 
                end;
            (3) by inserting after paragraph (8) the following:
            ``(9) without lawful authority, knowingly produces or 
        acquires for any person a social security account number, a 
        social security card, or a number or card that purports to be a 
        social security account number or social security card,''; and
            (4) in the flush text at the end, by striking ``five'' and 
        inserting ``10''.
    (b) Conspiracy and Disclosure.--Section 208 of such Act is further 
amended by adding at the end the following:
    ``(f) Whoever attempts or conspires to violate any criminal 
provision under this section shall be punished in the same manner as a 
person who completes a violation of such provision.
    ``(g)(1) Subject to paragraph (3) and notwithstanding any other 
provision of law, the Commissioner of Social Security shall disclose to 
any Federal law enforcement agency the records described in paragraph 
(2) if such law enforcement agency requests such records for the 
purpose of investigating a violation of this section or any other 
felony offense.
    ``(2) The records described in this paragraph are records of the 
Social Security Administration concerning--
            ``(A) the identity, address, location, or financial 
        institution accounts of the holder of a social security account 
        number or social security card;
            ``(B) the application for and issuance of a social security 
        account number or social security card; and
            ``(C) the existence or nonexistence of a social security 
        account number or social security card.
    ``(3) The Commissioner of Social Security may not disclose any tax 
return or tax return information pursuant to this subsection except as 
authorized under section 6103 of the Internal Revenue Code of 1986.''.

SEC. 259. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary of Homeland Security such sums as may be necessary to carry 
out the provisions of this Act, and the amendments made by this Act, 
including--
            (1) in each of the 2 fiscal years beginning on the date of 
        the enactment of this Act, the appropriations necessary to hire 
        not fewer than 2,500 new personnel at the Department of 
        Homeland Security assigned exclusively or principally to an 
        office or offices dedicated to monitoring and enforcing 
        compliance with sections 274A and 274C of the Immigration and 
        Nationality Act (8 U.S.C. 1324a and 1324c), including 
        compliance with the requirements of the Employment Eligibility 
        Verification System, which personnel shall monitor compliance 
        by--
                    (A) verifying the Employment Identification Numbers 
                of employers participating in the Employment 
                Eligibility Verification System (referred to in this 
                section as ``EEVS'');
                    (B) verifying compliance of employers participating 
                in EEVS with the requirements for participation that 
                are prescribed by the Secretary;
                    (C) monitoring EEVS for multiple uses of Social 
                Security numbers and any immigration identification 
                numbers for evidence that could indicate identity theft 
                or fraud;
                    (D) monitoring EEVS to identify discriminatory 
                practices;
                    (E) monitoring EEVS to identify employers who are 
                not using the system properly, including employers who 
                fail to make appropriate records with respect to their 
                queries and any notices of confirmation, 
                nonconfirmation, or further action;
                    (F) identifying instances in which employees allege 
                that an employer violated their privacy rights;
                    (G) analyzing and auditing the use of EEVS and the 
                data obtained through EEVS to--
                            (i) identify fraud trends, including fraud 
                        trends across industries, geographical areas, 
                        or employer size; and
                            (ii) develop compliance tools as necessary 
                        to respond to changing patterns of fraud;
                    (H) providing employers with additional training 
                and other information on the proper use of EEVS;
                    (I) performing threshold evaluation of cases for 
                referral to United States Immigration and Customs 
                Enforcement and to liaise with such agency with respect 
                to these referrals;
                    (J) any other compliance and monitoring activities 
                that, in the Secretary's judgment, are necessary to 
                ensure the functioning of EEVS;
                    (K) investigating identity theft and fraud detected 
                through EEVS and undertake the necessary enforcement 
                actions;
                    (L) investigating the use of fraudulent documents 
                or access to fraudulent documents through local 
                facilitation and undertake the necessary enforcement 
                actions;
                    (M) providing support to United States Citizenship 
                and Immigration Services with respect to the evaluation 
                of cases for referral to United States Immigration and 
                Customs Enforcement; and
                    (N) performing any other investigation that the 
                Secretary determines to be necessary to ensure the 
                functioning of EEVS, and undertake any enforcement 
                actions necessary as a result of these investigations; 
                and
            (2) the appropriations necessary to acquire, install, and 
        maintain technological equipment necessary to support the 
        functioning of EEVS and the connectivity between United States 
        Citizenship and Immigration Services and United States 
        Immigration and Customs Enforcement with respect to the sharing 
        of information to support EEVS and related immigration 
        enforcement actions.
    (b) Authorization of Appropriations.--
            (1) Commission of social security.--There are authorized to 
        be appropriated to Commissioner of Social Security such sums as 
        may be necessary to carry out the duties of the Commissioner 
        under this subtitle and the amendments made by this subtitle.
            (2) Secretary of homeland security.--In addition to any 
        other amounts authorized to be appropriated in this Act, there 
        are authorized to be appropriated to the Secretary, in each of 
        the 2 fiscal years beginning after the date of the enactment of 
        this Act, such sums as may be necessary to annually hire not 
        fewer than 2,500 personnel of the Department of Homeland 
        Security, who shall be assigned exclusively or principally to 
        an office or offices dedicated to monitoring and enforcing 
        compliance with sections 274A and 274C of the Immigration and 
        Nationality Act (8 U.S.C. 1324a and 1324c), including 
        compliance with the requirements of EEVS. These personnel shall 
        perform the compliance and monitoring activities described in 
        subparagraphs (A) through (N) of subsection (a)(1).
                                                       Calendar No. 465

110th CONGRESS

  1st Session

                                S. 2294

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                                 A BILL

To strengthen immigration enforcement and border security and for other 
                               purposes.

_______________________________________________________________________

                            November 2, 2007

            Read the second time and placed on the calendar