H.R.4437 - Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005109th Congress (2005-2006)
Summary: H.R.4437 — 109th Congress (2005-2006)
Passed House amended (12/16/2005)
Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 - Title I: Securing United States Borders - (Sec. 101) Directs the Secretary of Homeland Security (Secretary) to take all appropriate actions to maintain operational control over the U.S. international land and maritime borders, including: (1) systematic surveillance using unmanned aerial vehicles (UAVs), ground-based sensors, satellites, radar coverage, and cameras; (2) physical infrastructure enhancements to prevent unlawful U.S. entry and facilitate United States Customs and Border Protection border access; (3) hiring and training additional Border Patrol agents; and (4) increasing deployment of United States Customs and Border Protection personnel to border areas with high levels of unlawful entry.
Requires the Secretary to annually report to Congress respecting border control progress.
(Sec. 102) Directs the Secretary to report to the appropriate congressional committees respecting: (1) a comprehensive border surveillance plan; and (2) a National Strategy for Border Security to achieve operational control over all U.S. borders and ports of entry.
(Sec. 103) Directs the Secretary to report to the appropriate congressional committees respecting implementation of the cross-border security agreements signed by the United States with Mexico and Canada.
(Sec. 104) Directs the Secretary to: (1) enhance connectivity between the Automated Biometric Identification System (IDENT) and the Automated Fingerprint Identification System (IAFIS) fingerprint databases; and (2) collect all fingerprints from each alien required to provide fingerprints during the alien's initial enrollment in the integrated entry and exit data system.
(Sec. 105) Directs the Secretary to report to Congress respecting the "One Face at the Border" inspection initiative at U.S. ports of entry.
(Sec. 106) Directs the Secretary to implement a plan to ensure clear and secure two-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; (3) between Border Patrol agents and residents in remote areas along the international land border who do not have mobile communications; and (4) between all appropriate Department of Homeland Security (DHS) border security agencies and state, local, and tribal law enforcement agencies.
(Sec. 107) Directs the Secretary, subject to appropriations, to increase full-time port of entry inspectors by at least 250 for each of FY2007-FY2010. Authorizes appropriations for related training and support.
(Sec. 108) Directs the Secretary, subject to appropriations, to increase border and port canine detection teams by at least 25% for each of FY2007-FY2011.
(Sec. 109) Directs: (1) the Inspector General of DHS to review the compliance of each Secure Border Initiative contract above $20 million with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority, and women-owned businesses, and timelines; and (2) the Secretary to report to the appropriate congressional committees respecting each review.
Authorizes additional FY2007-FY2009 appropriations for the Inspector General.
(Sec. 110) Directs the Comptroller General of the United States to review DHS Border Patrol agent training.
(Sec. 111) Directs the Secretary to report to the appropriate congressional committees respecting the National Capital Region (NCR) airspace security mission's impact on border security, including: (1) resources and resource sources devoted or planned to be devoted to NCR airspace security; and (2) an assessment of such resources' impact upon traditional border missions.
(Sec. 112) Directs the Secretary to reimburse (up to prior-to-damage value) property owners for costs associated with repairing damages to the property owners' private infrastructure constructed on a U.S. government right-of-way delineating the international land border when such damages are: (1) the result of unlawful entry of aliens; and (2) confirmed by the appropriate DHS personnel and submitted to the Secretary.
Directs the Secretary to report to the Committee on Homeland Security of the House of Representatives every six months until appropriated amounts are expended.
(Sec. 113) Directs the Secretary to establish at least one Border Patrol unit for the U.S. Virgin Islands by September 30, 2006.
(Sec. 114) Directs the Secretary to report to the Committee on Homeland Security respecting DHS progress in tracking Central American gangs across the U.S.-Mexico border.
(Sec. 115) Directs the Secretary to annually compile data on the following categories of information: (1) the number of unauthorized aliens who require medical care taken into custody by Border Patrol officials; (2) the number of unauthorized aliens with serious injuries or medical conditions Border Patrol officials refer to local hospitals or other health facilities; (3) the number of unauthorized aliens with serious injuries or medical conditions who arrive at U.S. ports of entry and subsequently are admitted into the United States for emergency medical care; and (4) the number of unauthorized aliens described in clauses (2) and (3) who subsequently are taken into DHS custody.
(Sec. 116) Directs the Secretary to: (1) deploy radiation detection portal monitors at all U.S. ports of entry and facilities within one year of enactment of this Act; and (2) report to the Committee on Homeland Security and the Committee on Homeland Security and Governmental Affairs of the Senate.
Authorizes FY2006-FY2007 appropriations.
(Sec. 117) Directs the Secretary, in implementing the Secure Border Initiative, to conduct outreach with the private sector and other appropriate entities to improve cost-effectiveness, systems integration, and financial accountability.
(Sec. 118) Expresses the sense of Congress that the President, the Attorney General, the Secretary of State, the Secretary, and other Department Secretaries should use every tool available to them to enforce U.S. immigration laws.
(Sec. 119) Requires that Border Patrol uniforms be manufactured in the United States from substantially all U.S. components.
(Sec. 120) Directs the Secretary to submit to the appropriate congressional committees a timeline for: (1) equipping all land border ports of entry with the US-VISIT system; (2) deploying at all land border ports of entry the exit component of the US-VISIT system; and (3) making interoperable all DHS immigration screening systems.
(Sec. 121) Extends authority for the relocation expenses test program from seven years to 12 years.
(Sec. 122) Amends the Immigration and Nationality Act (INA) to prohibit the Secretary, the Attorney General, and the courts, until completion of specified background and security checks or until any alleged immigration-related fraud has been investigated, from: (1) granting or ordering the granting of adjustment of status of an alien to that of an alien lawfully admitted for permanent residence; (2) granting or ordering the granting of any other status, relief, protection from removal, or other benefit under the immigration laws; or (3) issuing any related documentation.
Title II: Combatting Alien Smuggling and Illegal Entry and Presence - (Sec. 201) Amends INA to revise the definition of "aggravated felony" to include all smuggling offenses, and illegal entry and reentry crimes where the sentence is a year or more.
(Sec. 202) Revises alien smuggling and related offense provisions to: (1) provide mandatory minimum sentences for smuggling convictions; (2) revise criminal offense and criminal penalty provisions; (3) expand seizure and forfeiture authority; and (4) provide extraterritorial jurisdiction over such offenses.
(Sec. 203) Makes illegal U.S. presence a crime.
Increases prison penalties for first-time improper U.S. entry. Expands: (1) penalties for marriage and immigration-related entrepreneurship fraud; and (2) criminal penalties imposed upon aliens who illegally enter the United States or who are present illegally following convictions of certain crimes.
(Sec. 204) Provides mandatory minimum sentences, with a specified affirmative defense exception, for aliens convicted of reentry after removal.
(Sec. 205) Subjects an individual who knowingly aids or conspires to allow, procure, or permit a removed alien to reenter the United States to criminal penalty, the same imprisonment term as applies to the alien so aided, or both.
(Sec. 206) Includes among smuggling crimes the carrying or use of a firearm during such activity.
(Sec. 207) States that: (1) the provision barring entry to aliens who have made false claims to U.S. citizenship also applies to aliens who have made false claims to U.S. nationality; and (2) the Secretary shall have access to any information kept by any federal agency regarding persons seeking immigration benefits or privileges.
(Sec. 208) Revises voluntary departure provisions to: (1) reduce the maximum period of voluntary departure that can be granted before the conclusion of removal proceedings from 120 to 60 days, and reduce such period from 60 to 45 days after the conclusion of removal proceedings; (2) require (currently, authorizes that such bond be provided) an alien receiving voluntary departure prior to conclusion of removal proceedings to post a bond or show that a bond would create a financial hardship or is unnecessary to guarantee departure; (3) require as part of a voluntary departure agreement that the alien waive all rights to any further motion, appeal, application, petition, or petition for review relating to removal or relief or protection from removal; (4) provide that a subsequent appeal would invalidate the voluntary departure grant, as would the alien's failure to depart; (5) provide that failure to depart in violation of such an agreement would subject the alien to a $3,000 fine, make the alien ineligible for various immigration benefits for ten years after departure, and prohibit the reopening of removal proceedings, except to apply for withholding of removal or restriction on removal to a country where the alien's life or freedom would be threatened or to seek protection against torture; (6) authorize the Secretary to reduce the period of inadmissibility for certain aliens previously removed or unlawfully present; and (7) preclude courts from reinstating, enjoining, delaying, or tolling the period of voluntary departure.
(Sec. 209) Makes aliens ordered removed from the United States who fail to depart ineligible for discretionary relief from removal pursuant to a motion to reopen during the time they remain in the United States and for a period of ten years after their departure, with the exception of motions to reopen to seek withholding of removal to a country where the alien's life or freedom would be threatened or to seek protection against torture.
Subjects aliens who improperly enter the United States after voluntarily departing to improper entry fine and/or imprisonment provisions.
(Sec. 210) Directs the Secretary to establish a Fraudulent Documents Center (Forensic Document Laboratory) to: (1) collect information on fraudulent documents intended for U.S. use from federal, state, and local law enforcement agencies, and foreign governments; (2) maintain a database of such information for ongoing distribution to law enforcement agencies.
(Sec. 211) Amends federal criminal law to include distribution of fraudulent immigrant documents among the offenses subject to document fraud and misuse fine and/or penalty provisions.
(Sec. 212) Amends INA to make a motion to reopen or reconsider a removal decision discretionary with the Attorney General.
Sets forth a special rule for alternative country removal.
(Sec. 213) Amends federal criminal law to revise provisions respecting passports, visa, and immigration fraud.
Makes it a crime subject to fine and/or imprisonment to knowingly defraud a person in an immigration matter, including falsely claiming to be a lawyer.
Provides for: (1) increased penalties for terrorism-related offenses; (2) seizure and forfeiture; and (3) additional jurisdiction and venue.
(Sec. 214) Establishes a rebuttable presumption that an alien should be detained if such person: (1) has no lawful U.S. immigration status; (2) is subject to a final order of removal; or (3) has committed a specified felony under INA or federal criminal law.
(Sec. 215) Establishes a ten-year statute of limitations for immigration, naturalization, and peonage offenses.
(Sec. 216) Amends INA to make certain passport and document fraud conforming amendments.
(Sec. 217) Makes certain passport and immigration violations under federal criminal law grounds for inadmissibility and deportation.
(Sec. 219) Requires the Director of United States Citizenship and Immigration Services (USCIS) to undertake maximum efforts to reduce processing and adjudicative backlogs.
Authorizes the Director to implement a backlog reduction and prevention pilot program, which may include initiatives such as increasing and transferring personnel, streamlining paperwork processes, and increasing information technology and service centers.
(Sec. 220) Affirms state law enforcement authority to assist (including transfer to federal custody) the federal government in enforcing U.S. immigration laws during the normal course of law enforcement duties. States that such provision may not be construed to require state or local law enforcement personnel to: (1) report the identity of a victim of, or a witness to, a criminal offense to the Secretary for immigration enforcement purposes; or (2) arrest such victim or witness for an immigration violation.
(Sec. 221) Directs the Secretary, with respect to state and local law enforcement personnel, to: (1) establish and make available an immigration training manual and pocket guide; and (2) provide immigration training flexibility, including onsite and computer training.
(Sec. 222) Directs the Secretary to make grants for equipment, technology, and facilities to states and local subdivisions that are authorized to, and assist in, immigration enforcement. Authorizes appropriations. Requires a Government Accountability Office (GAO) audit of fund use within three years after enactment of this Act.
(Sec. 223) Continues the institutional removal program (IRP) and authorizes its expansion to all states. Requires states receiving IRP funds to: (1) cooperate with IRP officials; and (2) identify criminal aliens in prison populations and convey the information to such officials.
States that: (1) technology such as video conferencing shall be used to make IRP available in remote locations; and (2) mobile access to federal alien databases and live scan technology shall be used to make these resources available to state and local law enforcement agencies in remote locations.
Authorizes state or local law enforcement personnel to: (1) hold a removable illegal alien for up to 14 days after state prison sentence completion in order to transfer the alien to federal custody; or (2) issue a detainer that would allow aliens who have served a state prison sentence to be held until U.S. Immigration and Customs Enforcement personnel take the alien into custody.
Authorizes FY2007-FY2011 appropriations.
(Sec. 224) Authorizes appropriations for the state criminal assistance program (SCAAP).
(Sec. 225) Bars, two years after enactment of this Act, states or local subdivisions that prohibit local law enforcement officials from assisting or cooperating with federal immigration law enforcement personnel from receiving SCAAP assistance. Reallocates funds to cooperating states.
Title III: Border Security Cooperation and Enforcement - (Sec. 301) Directs the Secretary and the Secretary of Defense to: (1) develop a joint strategic plan to increase Department of Defense (DOD) surveillance equipment use, including UAVs, at or near U.S. international land and maritime borders; and (2) report to the appropriate congressional committees.
States that nothing in this section amends the prohibition on posse comitatus use of the Army or the Air Force.
(Sec. 302) Directs the Secretary to: (1) assess border security vulnerabilities on Department of the Interior land directly adjacent to the U.S. land border; and (2) provide additional border security assistance as necessary.
(Sec. 303) Directs the Secretary to design and carry out a national border security exercise for the purposes of: (1) involving officials from federal, state, territorial, local, tribal, and international governments and private sector representatives; (2) testing and evaluating U.S. capacity to detect and disrupt border threats; and (3) testing and evaluating information sharing capability among federal, state, territorial, local, tribal, and international governments.
(Sec. 304) Directs the Secretary to establish the Border Security Advisory Committee.
(Sec. 305) Authorizes the Secretary to permit a state, local government, or Indian tribe to use federal funds received under the State Homeland Security Grant Program, the Urban Area Security Initiative, or the Law Enforcement Terrorism Prevention Program for border security activities usually performed by a federal agency but which, pursuant to an agreement, are being performed by state, local, or tribal government.
(Sec. 306) Directs the Secretary to establish a university-based Center for Excellence for Border Security, which shall address the most significant threats, vulnerabilities, and consequences posed by U.S. borders and border control systems.
(Sec. 307) Expresses the sense of Congress that in developing the National Strategy for Border Security DHS should include recommendations from sovereign Indian Nations, consider whether a Tribal Smart Border working group is necessary, and ensure that border security agencies work cooperatively on issues involving tribal lands.
(Sec. 308) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Attorney General to prohibit Department of Justice law enforcement assistance to a person, or federal, state, or local agency or entity that prohibits or restricts citizenship- or immigration status-related communication with DHS.
(Sec. 309) Directs the Secretary and the Director of National Intelligence to: (1) jointly establish a pilot program (two-year minimum) along the southwest border centered on Cochise County, Arizona, to improve the coordination and management of intelligence and homeland security information provided to or utilized by DHS relating to the southwest border; and (2) report to Congress within one year of the program's establishment. Authorizes appropriations.
Title IV: Detention and Removal - (Sec. 401) Requires mandatory detention of an alien apprehended illegally seeking to enter the United States at a U.S. port of entry or land or maritime border as of October 1, 2006, unless such alien is: (1) paroled into the United States for humanitarian or public benefit reasons; or (2) is permitted to withdraw an application for admission and immediately departs from the United States. Provides that during the period 60 days after enactment of this Act and prior to October 1, 2006, an apprehended alien may be released with notice to appear only if: (1) the Secretary determines that the alien is not a national security risk; and (2) the alien provides a bond of not less than $5,000.
Exempts from mandatory detention an alien who is a native or citizen of a Western Hemisphere country with whose government the United States does not have full diplomatic relations (currently, Cuba).
States that nothing in such provision shall be construed as limiting: (1) an alien's right to apply for asylum or for relief or deferral of removal based on a fear of persecution; and (2) the Secretary's authority to determine whether an alien claiming asylum shall be detained or released after a finding of a credible fear of persecution.
(Sec. 402) Directs the Secretary, subject to appropriations, to fully utilize: (1) all detention space owned or contracted by DHS; and (2) all other options to cost effectively increase detention capacity including temporary facilities, state and local detention facilities, and secure detention alternatives.
(Sec. 403) Authorizes the Secretary to enter into contracts with qualifying private companies to transport aliens from United States Customs and Border Protection custody to detention facilities.
(Sec. 404) Amends INA to authorize the Secretary to deny admission to the nationals of a country that refuses or delays acceptance of its nationals ordered removed from the United States.
(Sec. 405) Directs the Secretary to annually report to the Secretary of State and Congress respecting DHS repatriation costs, including details relating to cost per country and recommendations for more cost effective repatriations.
(Sec. 406) Directs the Secretary to review Border Patrol agent and port of entry inspector asylum training.
(Sec. 407) Amends INA to require that the Secretary place an alien (other than from Mexico or Canada) who has not been admitted or paroled into expedited removal if apprehended within 100 miles of the border and within 14 days of unauthorized entry.
Includes in the exception from expedited removal an alien who is a native or citizen of a Western Hemisphere country with whose government the United States does not have full diplomatic relations (currently, Cuba) who arrives by aircraft at a port of entry or who is present in the United States and arrived in any manner at or between a port of entry (currently, limited to port of entry arrival by aircraft).
(Sec. 408) Requires a GAO report to Congress respecting immigration-detainee deaths in DHS custody.
(Sec. 409) Directs the Secretary to report to Congress respecting: (1) the number of undocumented aliens from noncontiguous countries who are apprehended at or between ports of entry; (2) the number of such aliens who have been deported since the date of enactment of this Act; and (3) the number of such aliens from countries identified as sponsors of terrorism.
Expresses the sense of Congress that the Secretary should develop a strategy for entering into appropriate security screening watch lists the appropriate background information of undocumented aliens from countries sponsoring terrorism.
(Sec. 410) Provides for listing of immigration violators in the National Crime Information Center Database.
Title V: Effective Organization of Border Security Organizations - (Sec. 501) Directs the Secretary to take specified actions to ensure coordination of DHS border security efforts.
(Sec. 502) Amends the Homeland Security Act of 2002 to establish in DHS an Office of Air and Marine Operations: (1) whose primary mission shall be to prevent the U.S. entry of terrorists, unlawful aliens, instruments of terrorism, narcotics, and other contraband; and (2) whose secondary mission shall be to assist other agencies with such protective functions.
Directs the Office to operate and maintain the Air and Marine Operations Center in Riverside, California, or other designated facility.
(Sec. 503) Directs the Secretary to transfer to United States Immigration and Customs Enforcement all functions of the Customs Patrol Officers unit operating on the Tohono O'odham Indian reservation (the "Shadow Wolves" unit). Authorizes the Secretary to establish within United States Immigration and Customs Enforcement additional Customs Patrol units to operate on Indian lands.
Title VI: Terrorist and Criminal Aliens - (Sec. 601) Prohibits an alien deportable on grounds of terrorism from being granted withholding of removal.
Expands specified terrorism-related grounds for refusal of amnesty.
Makes such amendments retroactive to all aliens in removal, deportation, or exclusion proceedings and to all applications pending on or filed after the date of enactment of this Act.
(Sec. 602) Permits indefinite detention of specified dangerous aliens under orders of removal who cannot be removed, subject to review every six months. States that habeas corpus review of such provisions shall be available only in the U.S. District Court for the District of Columbia after exhaustion of administrative remedies.
(Sec. 603) Increases penalties and sets mandatory minimum sentences for an alien who fails to depart when ordered removed, hampers removal, or fails to present himself or herself for removal.
(Sec. 604) Makes ineligible for admission, and bars from seeking waiver of inadmissibility, an alien who has: (1) been convicted of misuse of Social Security numbers and cards, or identification document-related fraud; (2) been convicted of an aggravated felony; (3) procured citizenship unlawfully; or (4) been convicted of a crime of domestic violence, stalking, child abuse, child neglect, or child abandonment, or has violated a protective order.
(Sec. 605) Makes an asylee or refugee convicted of an aggravated felony ineligible for permanent resident status adjustment. Applies such provision retroactively.
(Sec. 606) Makes an alien deportable who is unlawfully present in the United States and who: (1) commits and is convicted of driving while intoxicated, driving under the influence, or similar violation of state law (DWI); or (2) commits an offense by refusing in violation of state law to submit to a Breathalyzer or similar test.
Requires detention of a deportable illegal alien apprehended for driving while intoxicated, driving under the influence or similar violation of state law, or for refusing to submit to a Breathalyzer or similar test if the apprehending state or local officer is covered by an immigration agreement (INA sec. 287).
Provides procedures for verifying the status of an alien in cases of apprehension for such an intoxication offense, taking the alien into custody, and notifying the Secretary.
Requires state motor vehicle administrators to share with the Secretary and other states information about aliens' DWI convictions or refusals to submit to a Breathalyzer test.
(Sec. 607) Authorizes any local sheriff or a coalition of sheriffs in designated counties (a county any part of which is within 25 miles of the U.S. southern border) to transfer detained illegal aliens to federal custody. Provides for establishment in the Treasury of the Designated County Law Enforcement Account, whose funds may be used for transport reimbursement, training and equipment, personnel costs, and detention facility construction and operation.
(Sec. 608) Amends INA to make an alien inadmissible for U.S. entry if: (1) such alien has been deported for criminal street gang participation; or (2) the consular officer or the Secretary knows or has reasonable grounds to believe that such alien is a member of a criminal street gang seeking U.S. entry in furtherance of gang-related crimes or activities, or is a member of a designated criminal street gang.
Defines: (1) criminal street gang; and (2) gang crime.
Makes an alien deportable who: (1) is a street gang member convicted of committing or attempting to commit a gang crime; or (2) is determined by the Secretary to be a member of a designated criminal street gang.
Authorizes the Attorney General to designate a group or association as a criminal street gang. Requires the Attorney General to provide specified congressional leaders with prior notice of, and the factual basis for, such designation. Provides for revocation of such designation by: (1) an Act of Congress; (2) the Attorney General's review based upon changed circumstances or national security; or (3) judicial appeal or petition to the Attorney General by a gang or association so designated.
Requires mandatory detention of aliens subject to removal based upon criminal street gang membership.
Makes such aliens ineligible for asylum and protection from removal to certain countries.
(Sec. 609) Bars an alien: (1) removable on terrorist grounds from becoming naturalized; and (2) from being naturalized while in removal or denaturalization proceedings.
Requires that conditional permanent residents have the conditions on their residence removed before they can be naturalized.
Revises provisions respecting district court review of denied naturalization applications.
(Sec. 610) Authorizes the Secretary to use expedited removal proceedings with respect to an alien inadmissible on criminal grounds who: (1) has not been admitted or paroled; (2) has not been found to have a credible fear of persecution; and (3) is not eligible for a waiver of inadmissibility or relief from removal.
Reduces from 14 days to seven days the prohibition on executing such a removal order with respect to a nonpermanent resident alien seeking judicial review.
(Sec. 611) Makes certain terrorist removal provisions under the REAL ID Act of 2005 applicable to such aliens in removal, deportation, and exclusion cases, regardless of when those cases were initiated. (Currently, such provisions refer only to removal procedures.)
(Sec. 612) Amends the definition of "good moral character" to: (1) exclude any alien inadmissible for terrorism and security-related reasons; (2) provide that the aggravated felony bar to good moral character applies regardless of when the crime was classified as an aggravated felony; and (3) provide the Secretary and the Attorney General with discretionary authority to find an alien not to be of good moral character.
(Sec. 613) Makes sexual abuse of a minor an aggravated felony for immigration purposes whether or not the minority of the victim is established by evidence contained in or extrinsic to the record of conviction.
Provides that: (1) any reversal, vacatur, expungement, or modification to a conviction or conviction record that was granted to ameliorate the consequences of the conviction, or was granted for rehabilitative purposes, or for failure to advise the alien of the immigration consequences of the guilty plea will have no effect on the original conviction's immigration consequences; and (2) the alien would have the burden of demonstrating that the reversal, vacatur, expungement, or modification was not granted for such purposes. Applies such provisions retroactively.
(Sec. 614) Makes an alien removable for: (1) unlawful procurement of (or attempt to procure) citizenship; and (2) conviction of offenses respecting misuse of Social Security numbers and cards and identification document fraud. Applies such provisions retroactively.
(Sec. 615) Declares that Congress condemns rapes by smugglers along the U.S. land border and urges the government of Mexico to work in coordination with U.S. Customs and Border Protection to take immediate preventive action.
(Sec. 616) Directs the Attorney General to annually report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate respecting the status of criminal alien prosecutions, including prosecutions of human smugglers.
(Sec. 617) Requires: (1) the office of the U.S. Attorney that is prosecuting a criminal case in federal court to determine whether each defendant is lawfully present in the United States within 30 days of filing the initial case pleadings, and report such information to the court; (2) courts to make provisions for such reporting; and (3) such information to be included in the Director of the Administrative Office of the United States Courts' annual report to Congress. Authorizes FY2007-FY2012 appropriations.
(Sec. 618) Amends federal criminal law to increase specified criminal penalties for document fraud.
Enhances criminal penalties for an illegal alien who: (1) is convicted of a crime of violence or drug trafficking; and (2) was previously ordered removed and commits a crime of violence or a drug trafficking offense.
(Sec. 619) Includes human trafficking and alien smuggling under the federal money laundering statute.
Title VII: Employment Eligibility Verification - (Sec. 701) Amends INA to direct the Secretary to establish and maintain a telephone- or electronic media-based employment eligibility verification system.
Requires such system to: (1) provide verification or tentative non-verification of an individual?s identity and employment eligibility within three days of an inquiry; and (2) provide, in the case of tentative non-verification, a secondary process for final verification or non-verification within ten days.
Provides that: (1) the Commissioner of Social Security shall develop a process for comparing names and social security numbers against appropriate databases to ensure timely and accurate responses to employer inquiries; and (2) the Secretary shall develop a process for comparing names and alien identification or authorization numbers, and shall investigate multiple uses of the same social security number that suggest fraud.
Limits federal use of the verification system, and states that such provision does not authorize issuance of a national identity card.
Limits verification system-related individual relief to procedures under the Federal Tort Claims Act. Prohibits class actions. Immunizes from civil or criminal liability a person or entity who takes action in good faith reliance on verification system information.
Repeals provisions respecting evaluation of and changes to the current employment verification system.
(Sec. 702) Sets forth employer verification requirements with respect to an affirmative defense to liability for employment of unauthorized workers, including revision of attestation and retention of verification form provisions.
(Sec. 703) Expands the employment eligibility verification system to include: (1) previously hired individuals; and (2) recruitment and referral.
Provides for: (1) voluntary employer verification utilizing such system two years after enactment of this Act for previously hired individuals; (2) mandatory employer verification three years after enactment of this Act by federal, state, and local governments, and the military for employees not verified under such system working at federal, state or local government buildings, military bases, nuclear energy sites, weapons sites, airports, or critical infrastructure sites; and (3) mandatory employer verification six years after enactment of this Act for all employees not previously verified under such system.
(Sec. 704) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make employer participation in the basic pilot program mandatory two years after enactment of this Act.
(Sec. 705) Amends INA to apply employment eligibility verification requirements to labor service agencies (whether or not they receive renumeration).
(Sec. 706) Increases civil penalties for: (1) hiring, recruiting, and referral violations for employers who are first-time violators or subject to cease and desist order(s); and (2) paperwork violations. Provides for: (1) penalty reductions based on the number of full-time equivalent employees (applicable to employers of fewer than 251 employees); (2) penalty exemption for good-faith, first-time violations; and (3) contractor immunity for subcontractor violations (unless the contractor knew of such employment violations).
Increases criminal penalties for pattern or practice employment violations.
(Sec. 707) Directs the Commissioner of Social Security to report to Congress respecting: (1) making social security cards with an encrypted, machine-readable electronic identification strip and a digital photograph; (2) creating a unified DHS database containing Social Security Administration (SSA) and DHS data specifying work authorization of all individuals; and (3) requiring all employers to verify employment eligibility using the new social security cards through a phone, electronic card-reading, or other mechanism.
(Sec. 708) Amends INA to preclude states from requiring business entities to: (1) provide, build, fund, or maintain a shelter, structure, or designated area for use by day laborers at or near their places of business; or (2) take other steps to facilitate the employment of day laborers by others.
(Sec. 709) States that the amendments contained in this title shall take effect on the date of enactment of this Act, except that the requirements of persons and entities to comply with the employment eligibility verification process shall take effect two years after such date of enactment.
(Sec. 710) Authorizes and limits the Commissioner of Social Security to carry out verification responsibilities under this title. Prohibits funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund from being used to carry out such responsibilities.
(Sec. 711) Directs the Secretary to report to Congress respecting the employment eligibility verification system.
Title VIII: Immigration Litigation Abuse Reduction - (Sec. 801) Amends INA to authorize the Board of Immigration Appeals to make an order of removal final (without remand to an immigration judge).
(Sec. 802) Prohibits judicial review of visa revocations after the visa holder has entered the United States.
(Sec. 803) Authorizes reinstatement of a prior removal order against an alien illegally reentering the United States. States that such reinstatement shall not require proceedings before an immigration judge.
Limits: (1) judicial review of reinstatement to the U.S. Court of Appeals for the District of Columbia Circuit; and (2) the scope of such review.
(Sec. 804) Requires an alien applying for withholding of removal to establish that his or her life or freedom would be threatened in the country of return, and that race, religion, nationality, or political or social group would be at least one central factor in such threat. Applies such provision retroactively to the enactment date of the REAL ID Act of 2005.
(Sec. 805) Subjects removal appeals to an initial certification of reviewability process by a single court of appeals judge, which, upon issuance of such certificate (that the alien has made a substantial showing that the review is likely to be granted) shall be referred to an appeals panel. Prohibits judicial review of a decision not to issue such certificate.
(Sec. 806) Requires all nonimmigrant applicants to waive any right to: (1) review or appeal a determination of inadmissibility at port of entry; or (2) contest, other than through asylum, any action for removal.
(Sec. 807) Prohibits judicial review of removal orders for certain criminal aliens as well as review of discretionary decisions by the Attorney General and the Secretary.
(Sec. 808) Prohibits courts from awarding fees or other expenses to an alien based upon the alien?s status as a prevailing party in any removal proceedings unless the Attorney General?s determination that the alien was removable was not substantially justified.
Title IX: Prescreening of Air Passengers - (Sec. 901) Directs the Secretary to: (1) initiate a pilot program of at least 90 days at no fewer than two foreign airports to evaluate the use of automated systems for the prescreening of passengers and flight crews on U.S.-bound foreign air carriers; and (2) submit a program report to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
Title X: Fencing and Other Border Security Improvements - (Sec. 1002) Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to construct at least two layers of reinforced fencing, additional physical barriers, roads, lighting, cameras and sensors in five specified zones along the U.S.-Mexico border.
(Sec. 1003) Directs the Secretary to conduct a study and report to Congress respecting the necessity and feasibility of constructing a barrier system along the northern U.S. land and maritime border.
(Sec. 1004) Expresses the sense of Congress that the Secretary shall take all necessary steps to secure the Southwest international border for the purpose of saving lives, stopping illegal drug trafficking, and halting the flow of illegal entrants into the United States.
Title XI: Security and Fairness Enhancement - Security and Fairness Enhancement for America Act of 2005 or the SAFE for America Act - (Sec. 1102) Amends INA to eliminate the diversity immigrant program.
Title XII: Oath of Renunciation and Allegiance - (Sec. 1201) Directs the Secretary, in cooperation with the Secretary of State, to notify foreign embassies when one of their nationals naturalizes and takes the oath of allegiance to the United States.
Codifies the the current oath of renunciation and allegiance.
Title XIII: Elimination of Corruption and Prevention of Acquisition of Immigration Benefits Through Fraud - Taking Action to Keep Employees Accountable in Immigration Matters Act of 2005 or the TAKE AIM Act of 2005 - (Sec. 1303) States that the Director of the Office of Security and Investigations (OSI) shall report directly to the Director of USCIS.
(Sec. 1304) Sets forth the powers of the Director of OSI, including sole authority to receive, process, dispose of administratively, and investigate criminal or noncriminal INA or federal cirminal code violations that are alleged to have been committed by any USCIS officer, agent, employee, or contract worker, and that are referred to USCIS by the Inspector General of DHS.
(Sec. 1305) Authorizes OSI to: (1) conduct fraud detection operations, including data mining and analysis; (2) investigate criminal or noncriminal allegations of INA or federal criminal code violations that Immigration and Enforcement (ICE) declines to investigate; (3) turn over to a U.S. Attorney for prosecution evidence that tends to establish such violations; and (4) engage in information sharing, partnerships, and other collaborative efforts with federal, state or local law enforcement entities, foreign partners, or intelligence entities.
(Sec. 1306) Requires the Director of OSI, subject to security fee availability, to: (1) increase in each of FY2007-FY2010 the number of criminal investigators, investigations and compliance officers; and intelligence research specialists (along with support personnel and equipment); and (2) assign at least one-third of such personnel to internal affairs investigations.
(Sec. 1307) Requires the Director of OSI to annually report to Congress.
(Sec. 1308) Amends INA to prohibit the granting of adjustment of status or any other immigration benefit, status or protection until any suspected or alleged fraud relating to the benefit application has been investigated.
(Sec. 1309) Directs the Secretary to eliminate the Fraud Detection and National Security Office of USCIS and transfer all authority to OSI.
(Sec. 1310) Directs the Secretary to charge each alien who files an application for adjustment of status, extension of stay, or a visa a new $10 security fee which OSI shall use to investigate allegations of internal corruption and benefits fraud. Makes any such fees in excess of the OSI operating budget available to ICE for immigration benefit fraud investigations.