[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).
                                 ______