[Congressional Record Volume 152, Number 123 (Wednesday, September 27, 2006)]
[Senate]
[Pages S10289-S10291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. FRIST:
S. 3949. A bill to study the geographic areas in Mexico from which
illegal immigrants are entering the United
[[Page S10290]]
States and to develop plans to address the social, political, and
economic conditions that are contributing to such illegal immigration;
to the Committee on Foreign Relations.
Mr. FRIST. Mr. President, like all of my colleagues in this body, I
recognize that our immigration system needs vast improvements. While we
have spent a great deal of time discussing immigration over the past
year, it appears unlikely that this body will pass comprehensive reform
before we break for the recess. This week we have been discussing an
important bill that would begin the process completely securing our
southern border. I support that bill wholeheartedly and I would also
hope to make other improvements to our immigration laws we can make
before we end this session.
Today, therefore, I'm proposing four separate bills intended to
strengthen our immigration system.
One will help military men and women become citizens more quickly,
another will make it easier to remove gang members from our country,
another will impose tough penalties on people who tunnel beneath our
borders, and the fourth will begin an effort to stop illegal
immigration at its source.
I'd like to discuss all four bills briefly . . . they have different
purposes and will all complement each other in efforts to improve our
immigration system.
I am introducing the Community Protection Against International Gangs
Act. Street gangs remain the bane of our society. Their members sell
narcotics, steal, and commit horrific acts of violence. Many of these
gangs--groups like Mara Salvatrucha, better known as MS-13--draw their
membership from immigrants to the United States. While the overwhelming
majority of immigrants in the United States obey the law, those who
join these gangs wreak havoc on immigrant communities all over the
country.
To protect our Nation, we need to stop them . . . now.
Thus, I'm proposing the CPAIGA Act. This law will make our policy
clear: immigrants who join gangs are no longer welcome in our country.
Under my bill, anyone who joins a gang or helps one faces immediate
deportation proceedings. In addition, my bill will let the Secretary of
State and the Secretary of Homeland Security deny visas to the
nationals of any country that refuses to take back its own criminals.
I am also introducing the Enhanced Border Tunnel Prevention Act. To
enhance our crackdown on sophisticated criminal conspiracies, we should
also impose tough new penalties on those who construct tunnels under
our border. People who build tunnels, or allow them to be built on land
that they own or control, should face serious time in prison. Smugglers
who use them should have their penalties doubled. We can't allow our
borders to become a sieve.
In addition, I am introducing the Soldiers to Citizens Act. Just as
we make it clear that criminals have no place in the United States, we
should simultaneously do everything we can to welcome the finest people
from around the world. Every year, over 8,000 people who are not U.S.
citizens enlist in our armed forces.
They serve with valor and distinction . . . they defend our liberty.
If they wish to become citizens, they should not face unnecessary
burdens.
Under my legislation, anyone who gives our military 2 years of
honorable and satisfactory service can acquire citizenship under an
expedited process. Service in the military strongly implies that a
person has acquired the things we expect from new citizens: a command
of English, good moral character, understanding of our history and
appreciation for our democratic institutions. Thus, soldiers, sailors,
airmen, and marines whose chains of command certify that they've met
these requirements should be able to acquire citizenship by filling out
some simple paperwork and swearing the citizenship oath.
I believe that the Senate should do everything it can to speed the
citizenship process for others in the military who do not want to avail
themselves of this process. In particular, we must do away with the
burdensome, duplicative process that requires military enlistees to
give fingerprints once when they join the military and again when they
apply for citizenship. At the same time, we should establish a high-
quality, toll-free information center to provide timely, accurate
information to any servicemember interested in becoming a citizen.
Finally, I am introducing the Illegal Immigration Source Study and
Focus Act. Finally, I believe we need to do more to deal with the
underlying causes of much illegal immigration: social, economic, and
political conditions in Mexico that lead many to believe they have no
choice but as to leave their homeland. Illegal immigration hurts both
the United States and Mexico. Our governments must work together so we
can understand what areas produce the most illegal immigrants and what
we might do to help immigrants.
My bill would begin a process of collaboration. It will mandate
regular reports on the areas that produce the most illegal immigrants
and, just as importantly, focus our own aid to Mexico on improving the
conditions that produce illegal immigration in the first place.
Steps like those I have proposed will not change our immigration
system overnight. They will not end illegal immigration.
But they will make our cities safer, stem the flow of illegal
immigration, and help those who serve in our armed forces. These are
worthy measures and I urge all of my colleagues to support them.
I ask unanimous consent that the text of the bills be printed in the
Record.
There being no objection, the text of the bills was ordered to be
printed in the Record, as follows:
S. 3946
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Community Protection Against
International Gangs Act''.
SEC. 2. INADMISSIBILITY AND REMOVAL OF ALIEN GANG MEMBERS.
(a) Inadmissibility.--Section 212(a)(2) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(2)) is amended by
adding at the end the following:
``(J) Aliens associated with criminal gangs.--Unless the
Secretary of Homeland Security or the Attorney General waives
the application of this subparagraph, any alien who a
consular officer, the Attorney General, or the Secretary of
Homeland Security knows or has reason to believe--
``(i) is, or has been, a member of a criminal street gang
(as defined in section 521(a) of title 18, United States
Code); or
``(ii) has participated in the activities of such a
criminal street gang, knowing or having reason to know that
such activities promoted, furthered, aided, or supported the
illegal activity of the criminal street gang,
is inadmissible.''.
(b) Removal.--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.--Unless the
Secretary of Homeland Security or the Attorney General waives
the application of this subparagraph, any alien who the
Secretary of Homeland Security or the Attorney General knows
or has reason to believe--
``(i) is, or at any time after admission has been, a member
of a criminal street gang (as defined in section 521(a) of
title 18, United States Code); or
``(ii) has participated in the activities of such a
criminal street gang, knowing or having reason to know that
such activities promoted, furthered, aided, or supported the
illegal activity of the criminal street gang,
is deportable.''.
SEC. 3. PENALTY FOR FAILURE TO ACCEPT AN ALIEN REMOVED FROM
THE UNITED STATES.
Section 243(d) of the Immigration and Nationality Act (8
U.S.C. 1253(d)) is amended to read as follows:
``(d) Denying Visas to Nationals of Country Denying or
Delaying Accepting Alien.--The Secretary of Homeland
Security, after making a determination that the government of
a foreign country has denied or unreasonably delayed
accepting an alien who is a citizen, subject, national, or
resident of that country after the alien has been ordered
removed, and after consultation with the Secretary of State,
may instruct the Secretary of State to deny a visa to any
citizen, subject, national, or resident of that country until
the country accepts the alien that was ordered removed.''.
S. 3947
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Soldiers to Citizens Act''.
SEC. 2. CITIZENSHIP FOR MEMBERS OF THE ARMED FORCES.
Section 329 of the Immigration and Nationality Act (8
U.S.C. 1440) is amended--
(1) in subsection (b), by striking ``subsection (a)'' and
inserting ``subsection (a) or (d)''; and
[[Page S10291]]
(2) by adding at the end the following:
``(d) Notwithstanding any other provision of law, except
for provisions relating to revocation of citizenship under
subsection (c), an individual who is not a citizen of the
United States shall not be denied the opportunity to apply
for membership in the United States Armed Forces. Such an
individual who becomes an active duty member of the United
States Armed Forces shall, consistent with this section and
with the approval of the individual's chain of command, be
granted United States citizenship after performing at least 2
years of honorable and satisfactory service on active duty.
Not later than 90 days after such requirements are met with
respect to an individual, such individual shall be granted
United States citizenship.
``(e) An alien described in subsection (d) shall be
naturalized without regard to the requirements of this title
or any other requirements, processes, or procedures of the
Secretary of Homeland Security, if the alien--
``(1) files an application for naturalization in accordance
with such procedures to carry out this section as may be
established by regulation by the Secretary of Homeland
Security or the Secretary of Defense;
``(2) demonstrates to the alien's military chain of command
proficiency in the English language, good moral character,
and knowledge of the Federal Government and United States
history, consistent with the requirements contained in this
Act; and
``(3) takes the oath required under section 337 of this Act
and participates in an oath administration ceremony in
accordance with this Act.''.
SEC. 3. WAIVER OF REQUIREMENT FOR FINGERPRINTS FOR MEMBERS OF
THE ARMED FORCES.
Notwithstanding any other provision of law or any
regulation, the Secretary of Homeland Security shall use the
fingerprints provided by an individual at the time the
individual enlists in the Armed Forces to satisfy any
requirement for fingerprints as part of an application for
naturalization if the individual--
(1) may be naturalized pursuant to section 328 or 329 of
the Immigration and Nationality Act (8 U.S.C. 1439 and 1440);
(2) was fingerprinted in accordance with the requirements
of the Department of Defense at the time the individual
enlisted in the Armed Forces; and
(3) submits an application for naturalization not later
than 12 months after the date the individual enlisted in the
Armed Forces.
SEC. 4. PROVISION OF INFORMATION ON NATURALIZATION TO MEMBERS
OF THE ARMED FORCES.
The Secretary of Homeland Security shall--
(1) establish a dedicated toll-free telephone service
available only to members of the Armed Forces and the
families of such members to provide information related to
naturalization pursuant to section 328 or 329 of the
Immigration and Nationality Act (8 U.S.C. 1439 and 1440),
including the status of an application for such
naturalization;
(2) ensure that the telephone service required by paragraph
(1) is operated by employees of the Department of Homeland
Security who--
(A) have received specialized training on the
naturalization process for members of the Armed Forces and
the families of such members; and
(B) are physically located in the same unit as the military
processing unit that adjudicates applications for
naturalization pursuant to such section 328 or 329; and
(3) implement a quality control program to monitor, on a
regular basis, the accuracy and quality of information
provided by the employees who operate the telephone service
required by paragraph (1), including the breadth of the
knowledge related to the naturalization process of such
employees.
S.3948
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Enhanced Border Tunnel
Prevention Act''.
SEC. 2. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.
(a) In General.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 554. Border tunnels and passages
``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses
the international border between the United States and
another country, other than a lawfully authorized tunnel or
passage known to the Secretary of Homeland Security and
subject to inspection by the Bureau of Immigration and
Customs Enforcement, shall be imprisoned for not more than 25
years.
``(b) Any person who knows or recklessly disregards the
construction or use of a tunnel or passage described in
subsection (a) on land that the person owns or controls shall
be imprisoned for not more than 15 years.
``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in
violation of section 545), controlled substances, weapons of
mass destruction (including biological weapons), or a member
of a terrorist organization (as defined in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a maximum term
of imprisonment that is twice the maximum term of
imprisonment that would have otherwise been applicable had
the unlawful activity not made use of such a tunnel or
passage.''.
(b) Clerical Amendment.--The table of sections for chapter
27 of title 18, United States Code, is amended by adding at
the end the following:
``Sec. 554. Border tunnels and passages.''.
(c) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by inserting ``554,'' before
``1425,''.
SEC. 3. DIRECTIVE TO THE UNITED STATES SENTENCING COMMISSION.
(a) In General.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with
this section, the United States Sentencing Commission shall
promulgate or amend sentencing guidelines to provide for
increased penalties for persons convicted of offenses
described in section 554 of title 18, United States Code, as
added by section 2.
(b) Requirements.--In carrying out this section, the United
States Sentencing Commission shall--
(1) ensure that the sentencing guidelines, policy
statements, and official commentary reflect the serious
nature of the offenses described in section 554 of title 18,
United States Code, and the need for aggressive and
appropriate law enforcement action to prevent such offenses;
(2) provide adequate base offense levels for offenses under
such section;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a tunnel or passage described in subsection
(a) of such section to facilitate other felonies; and
(B) the circumstances for which the sentencing guidelines
currently provide applicable sentencing enhancements;
(4) ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutes;
(5) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(6) ensure that the sentencing guidelines adequately meet
the purposes of sentencing set forth in section 3553(a)(2) of
title 18, United States Code.
S. 3949
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Immigration Source
Study and Focus Act''.
SEC. 2. STUDIES AND REPORTS ON ILLEGAL IMMIGRATION FROM
MEXICO.
(a) Studies.--Not later than 1 year after the date of the
enactment of this Act, and once every 5 years thereafter, the
Secretary of State, in cooperation with the Secretary of
Homeland Security, shall conduct a study--
(1) to identify the geographic areas in Mexico from which--
(A) large numbers of residents are leaving to enter the
United States in violation of Federal immigration law; and
(B) large percentages of the population of such areas are
leaving to enter the United States in violation of Federal
immigration law; and
(2) to analyze the social, political, and economic
conditions in the geographic areas identified under paragraph
(1) that contribute to illegal immigration into the United
States.
(b) Reports.--Not later than 16 months after the date of
the enactment of this Act, and every 5 years thereafter, the
Secretary of State shall submit to Congress a report that--
(1) describes the results of the study conducted under
subsection (a); and
(2) provides recommendations on how the Government of the
United States can improve the conditions described in
subsection (a)(2).
SEC. 3. IMMIGRATION IMPACT FOCUS AREAS.
(a) Designation.--Based on the results of each study
conducted under section 2(a) and subject to subsection (b),
the Administrator of the United States Agency for
International Development, in consultation with the Secretary
of State, the Secretary of Homeland Security, and appropriate
officials of the Government of Mexico, shall designate not
more than 4 geographic areas within Mexico as Immigration
Impact Focus Areas.
(b) Population Limits.--An area may not be designated as an
Immigration Impact Focus Area under subsection (a) unless the
population of such area is--
(1) not less than 0.5 percent of the total population of
Mexico; and
(2) not more than 5.0 percent of the total population of
Mexico.
(c) Development Assistance Plan.--The Administrator of the
United States Agency for International Development, in
consultation with the Secretary of State, shall develop a
plan to concentrate, to the extent practicable, economic
development and humanitarian assistance provided to Mexico in
the Immigration Impact Focus Areas designated under
subsection (a).
______