I 111th CONGRESS 2d Session H. R. 5002 IN THE HOUSE OF REPRESENTATIVES April 13, 2010 Mr. Burton of Indiana introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Homeland Security and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To end the cycle of illegal immigration in the United States and withdraw Federal funds from States and political subdivisions of States that interfere with the enforcement of Federal immigration law.

1.

Short title

This Act may be cited as the No Sanctuary for Illegals Act.

2.

Findings

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

3.

Sense of congress

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

4.

Border security

(a)

Full-Time Active-Duty Border Patrol Agents

In order to fulfill the requirement under section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 118 Stat. 3734) (relating to an increase in the number of positions for full-time active-duty border patrol agents within the Department of Homeland Security), and subject to the availability of appropriations for such purpose, the Secretary of Homeland Security (in this Act referred to as the Secretary) shall— (1)increase incentives to recruit individuals to become such agents by offering such individuals repayment of higher education loans, not to exceed $6,000 per year and a maximum of $40,000; and (2)develop incentives to retain experienced border patrol agents through the establishment of a retention program. (b)

Deployment of Technology

In accordance with section 2(a)(1) of the Secure Fence Act of 2006 (Public Law 109–367; 8 U.S.C. 1701 note), the Secretary is authorized to deploy newly developed and cutting-edge technologies to secure the international land and maritime borders of the United States. (c)

Construction of Border Fence

The Secretary shall— (1)make a priority the construction of the border fencing required under section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 note); and (2)not later than December 31, 2010, submit to Congress a report on the progress and expected completion date of such construction.

5.

Mandated collaboration to end sanctuary of illegal aliens

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

6.

Expedited removal and criminal penalties of criminal aliens

(a)

Action by ICE; Expedited Removal

Upon notification under section 5, the alien arrested under such section shall be immediately detained by ICE and presented before an immigration judge (as defined in section 101(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(4))). The name and fingerprints of such alien shall be added to an appropriate watch list maintained by the Department of Homeland Security concerning aliens who have been unlawfully present in the United States, and such immigration judge shall order such alien immediately removed from the United States without being released from detention and without further hearing or review in the same manner as an alien described in section 235(b)(1)(A)(i) of such Act (8 U.S.C. 1225(b)(1)(A)(i)) is subject to immediate removal from the United States under the provisions of such section. (b)

Permanent Ineligibility for Admission to United States

Section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(i)(I)) is amended by striking for an aggregate period of more than 1 year and inserting for any period of time. (c)

Criminal Penalties for Subsequent Unlawful Presence

An alien who is removed from the United States under subsection (a) and who is subsequently determined to be unlawfully present in the United States shall be imprisoned for not more than 5 years and fined in accordance with section 3571 of title 18, United States Code, and shall be removed from the United States in accordance with the expedited removal proceedings described in such subsection after the completion of such alien’s term of imprisonment.

7.

Citizenship at birth for certain persons born in the United States

(a)

In General

Section 301 of the Immigration and Nationality Act (8 U.S.C. 1401) is amended— (1)by inserting (a) In general.— before The following; (2)by redesignating subsections (a) through (h) as paragraphs (1) through (8); and (3)by adding at the end the following: (b)

Definition

Acknowledging the right of birthright citizenship established by section 1 of the 14th Amendment to the Constitution, a person born in the United States shall be considered subject to the jurisdiction of the United States for purposes of subsection (a)(1) if the person is born in the United States of parents, one of whom is— (1)a citizen or national of the United States; (2)an alien lawfully admitted for permanent residence in the United States whose residence is in the United States; or (3)an alien performing active service in the Armed Forces (as defined in section 101 of title 10, United States Code). . (b)

Applicability

The amendment made by subsection (a)(3) shall not be construed to affect the citizenship or nationality status of any person born before the date of the enactment of this Act.

8.

Prohibition on distribution of federal funds

(a)

In General

No officer or employee of the Federal Government may provide Federal funds to any State, or political subdivision of a State, that is determined by the Secretary to be interfering with efforts to enforce Federal immigration laws. (b)

Termination of Funding Prohibition

Subsection (a) shall cease to be effective with respect to a State or political subdivision denied funds under such subsection when the Secretary certifies that the State or political subdivision has entered into an agreement with the Secretary to cease such interference.