The text of the bill below is as of Nov 20, 2003 (Introduced). The bill was not enacted into law.
S 1906 IS
108th CONGRESS
1st Session
S. 1906
To provide for enhanced Federal, State, and local enforcement of the immigration laws, and for other purposes.
IN THE SENATE OF THE UNITED STATES
November 20, 2003
November 20, 2003
Mr. SESSIONS (for himself and Mr. MILLER) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide for enhanced Federal, State, and local enforcement of the immigration laws, 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.
This Act may be cited as the ‘Homeland Security Enhancement Act of 2003’.
TITLE I--ENHANCING FEDERAL, STATE, AND LOCAL ENFORCEMENT OF THE IMMIGRATION LAWS
TITLE I--ENHANCING FEDERAL, STATE, AND LOCAL ENFORCEMENT OF THE IMMIGRATION LAWS
SEC. 101. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT BY STATES AND POLITICAL SUBDIVISIONS OF STATES.
Notwithstanding any other provision of law and reaffirming the existing inherent authority of States, law enforcement personnel of a State or a political subdivision of a State have the inherent authority of a sovereign entity to apprehend, arrest, detain, or transfer to Federal custody aliens in the United States (including the transportation of such aliens across State lines to detention centers), in the enforcement of the immigration laws of the United States. This State authority has never been displaced or preempted by Congress.
SEC. 102. STATE AUTHORIZATION FOR ENFORCEMENT OF FEDERAL IMMIGRATION LAWS ENCOURAGED.
(a) IN GENERAL- Effective 2 years after the date of enactment of this Act, a State (or political subdivision of a State) that has in effect a statute, policy, or practice that prohibits law enforcement officers of the State, or of a political subdivision within the State, from enforcing Federal immigration laws or from assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers’ law enforcement duties shall not receive any of the funds that would otherwise be allocated to the State under section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)).
(b) REALLOCATION OF FUNDS- Any funds that are not allocated to a State due to the failure of the State to comply with this section shall be reallocated to States that comply with this section.
SEC. 103. CIVIL AND CRIMINAL PENALTIES FOR ALIENS UNLAWFULLY PRESENT IN THE UNITED STATES.
(a) ALIENS UNLAWFULLY PRESENT- Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding after section 275 the following:
‘CRIMINAL PENALTIES AND FORFEITURE FOR UNLAWFUL PRESENCE IN THE UNITED STATES
‘SEC. 275A. (a) 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. The assets of any alien present in the United States in violation of this Act shall be subject to forfeiture under title 18, United States Code.
‘(b) It shall be an affirmative defense to a violation of subsection (a) that the alien overstayed the time allotted under the 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.’.
(b) INCREASE IN CRIMINAL PENALTIES FOR ILLEGAL ENTRY- Section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is amended by striking ‘6 months,’ and inserting ‘1 year,’.
(c) PERMISSION TO DEPART VOLUNTARILY- Section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) is amended--
(1) by striking ‘Attorney General’ each place that term appears and inserting ‘Secretary of Homeland Security’; and
(2) in subsection (a)(2)(A), by striking ‘120’ and inserting ‘30’.
SEC. 104. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME INFORMATION CENTER DATABASE.
(a) PROVISION OF INFORMATION TO THE NCIC- Not later than 180 days after the date of enactment of this Act, the Under Secretary for Border and Transportation Security of the Department of Homeland Security shall provide the National Crime Information Center of the Department of Justice with such information as the Director may have on any and all aliens against whom a final order of removal has been issued, any and all aliens who have signed a voluntary departure agreement, and any and all aliens who have overstayed their visa. Such information shall be provided to the National Crime Information Center regardless of whether or not the alien received notice of a final order of removal and even if the alien has already been removed.
(b) INCLUSION OF INFORMATION IN THE NCIC DATABASE- Section 534(a) of title 28, United States Code, is amended--
(1) in paragraph (3), by striking ‘and’ at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
‘(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States, regardless of whether or not the alien has received notice of the violation and even if the alien has already been removed; and’.
SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVISION OF INFORMATION ABOUT APPREHENDED ILLEGAL ALIENS.
(a) PROVISION OF INFORMATION-
(1) IN GENERAL- In order to receive funds under the State Criminal Alien Assistance Program described in section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)), States and localities shall provide to the Department of Homeland Security the information listed in subsection (b) on each alien apprehended in the jurisdiction of the State or locality who is believed to be in violation of an immigration law of the United States.
(2) TIME LIMITATION- Not later than 10 days after an alien described in paragraph (1) is apprehended, information required to be provided under paragraph (1) must be provided in such form and in such manner as the Secretary of Homeland Security may, by regulation or guideline, require.
(b) INFORMATION REQUIRED- The information listed in this subsection is as follows:
(1) The alien’s name.
(2) The alien’s address or place of residence.
(3) A physical description of the alien.
(4) The date, time, and location of the encounter with the alien and reason for stopping, detaining, apprehending, or arresting the alien.
(5) If applicable, the alien’s driver’s license number and the State of issuance of such license.
(6) If applicable, the type of any other identification document issued to the alien, any designation number contained on the identification document, and the issuing entity for the identification document.
(7) If applicable, the license plate number, make, and model of any automobile registered to, or driven by, the alien.
(8) A photo of the alien, if available or readily obtainable.
(9) The alien’s fingerprints, if available or readily obtainable.
(c) REIMBURSEMENT- The Department of Homeland Security shall reimburse States and localities for all reasonable costs, as determined by the Secretary of Homeland Security, incurred by that State or locality as a result of providing information required by this section.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated such sums as necessary to carry out this Act.
SEC. 106. INCREASED FEDERAL DETENTION SPACE.
(a) CONSTRUCTION OR ACQUISITION OF DETENTION FACILITIES-
(1) IN GENERAL- The Secretary of Homeland Security shall construct or acquire, in addition to existing facilities for the detention of aliens, 20 detention facilities in the United States, with 500 beds per facility, for aliens detained pending removal or a decision on removal of such alien from the United States.
(2) ADDITIONAL FACILITIES- Whenever the capacity of any detention facility remains within a 1 percent range of full capacity for longer than 1 year, the Secretary of Homeland Security shall construct or acquire additional detention facilities beyond the number authorized in paragraph (1) as are appropriate to eliminate that condition.
(3) DETERMINATIONS- The need for, or location of, any detention facility built or acquired in accordance with this subsection shall be determined by the detention trustee within the Bureau of Immigration and Customs Enforcement.
(4) USE OF INSTALLATIONS UNDER BASE CLOSURE LAWS- In acquiring detention facilities under this subsection, the Secretary of Homeland Security 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 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) for use in accordance with subsection (a)(1).
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as necessary to carry out this section.
(c) TECHNICAL AND CONFORMING AMENDMENT- Section 241(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1231(g)(1)) shall be amended by striking ‘may expend’ and inserting ‘shall expend’.
SEC. 107. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL LAW ENFORCEMENT.
(a) IN GENERAL- Title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding after section 240C the following:
‘CUSTODY OF ILLEGAL ALIENS
‘SEC. 240D. (a) If the chief executive officer of a State (or, if appropriate, a political subdivision of the State) exercising authority with respect to the apprehension of an illegal alien submits a request to the Secretary of Homeland Security that the alien be taken into Federal custody, the Secretary of Homeland Security--
‘(1) shall--
‘(A) not later than 48 hours after the conclusion of the State charging process or dismissal process, or if no State charging or dismissal process is required, not later than 48 hours after the illegal alien is apprehended, take the illegal alien into the custody of the Federal Government and incarcerate the alien; or
‘(B) request that the relevant State or local law enforcement agency temporarily incarcerate or transport the illegal alien for transfer to Federal custody; and
‘(2) shall designate a 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 the criminal or illegal aliens to the Department of Homeland Security.’.
‘(b) The Department of Homeland Security shall reimburse States and localities for all reasonable expenses, as determined by the Secretary of Homeland Security, incurred by a State or locality in the incarceration and transportation of an illegal alien as described in subparagraphs (A) and (B) of subsection (a)(1). Compensation provided for costs incurred under subparagraphs (A) and (B) of subsection (a)(1) shall be the average 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) plus the cost of transporting the criminal or illegal alien from the point of apprehension, to the place of detention, and to the custody transfer point if the place of detention and place of custody are different.
‘(c) The Secretary of Homeland Security shall ensure that illegal aliens incarcerated in Federal facilities pursuant to this subsection are held in facilities which provide an appropriate level of security.
‘(d)(1) In carrying out this section, the Secretary of Homeland Security may establish a regular circuit and schedule for the prompt transfer of apprehended illegal aliens from the custody of States and political subdivisions of States to Federal custody.
‘(2) The Secretary of Homeland Security may enter into contracts with appropriate State and local law enforcement and detention officials to implement this subsection.
‘(e) For purposes of this section, the term ‘illegal alien’ means an alien who--
‘(1) entered the United States without inspection or at any time or place other than that designated by the Secretary of Homeland Security;
‘(2) was admitted as a nonimmigrant and who, at the time the alien was taken into custody by the State or a political subdivision of the State, had failed to--
‘(A) maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 248; or
‘(B) comply with the conditions of any such status;
‘(3) was admitted as an immigrant and has subsequently failed to comply with the requirements of that status; or
‘(4) failed to depart the United States under a voluntary departure agreement or under a final order of removal.’.
(b) AUTHORIZATION OF APPROPRIATIONS FOR THE DETENTION AND TRANSPORTATION TO FEDERAL CUSTODY OF ALIENS NOT LAWFULLY PRESENT- There is authorized to be appropriated $500,000,000 for the detention and removal of aliens not lawfully present in the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) for fiscal year 2004 and each subsequent fiscal year.
SEC. 108. TRAINING OF STATE AND LOCAL LAW ENFORCEMENT PERSONNEL RELATING TO THE ENFORCEMENT OF IMMIGRATION LAWS.
(a) TRAINING MANUAL AND POCKET GUIDE-
(1) ESTABLISHMENT- Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall establish--
(A) a training manual for law enforcement personnel of a State or political subdivision of a State to train such personnel in the investigation, identification, apprehension, arrest, detention, and transfer to Federal custody of aliens in the United States (including the transportation of such aliens across State lines to detention centers and identification of fraudulent documents); and
(B) an immigration enforcement pocket guide for law enforcement personnel of a State or political subdivision of a State to provide a quick reference for such personnel in the course of duty.
(2) AVAILABILITY- The training manual and pocket guide established in accordance with paragraph (1) shall be made available to all State and local law enforcement personnel.
(3) APPLICABILITY- Nothing in this subsection shall be construed to require State or local law enforcement personnel to carry the training manual or pocket guide established in accordance with paragraph (1) with them while on duty.
(4) COSTS- The Department of Homeland Security shall be responsible for any costs incurred in establishing the training manual and pocket guide under this subsection.
(b) TRAINING FLEXIBILITY-
(1) IN GENERAL- The Department of Homeland Security shall make training of State and local law enforcement officers available through as many means as possible, including residential training at Federal facilities, onsite training held at State or local police agencies or facilities, online training courses by computer, teleconferencing, and videotape, or the digital video display (DVD) of a training course or courses.
(2) FEDERAL PERSONNEL TRAINING- The training of State and local law enforcement personnel under this section shall not displace or otherwise adversely affect the training of Federal personnel.
(c) ADMINISTRATION FEES- The Secretary of Homeland Security may charge a fee for training under subsection (b) that shall be an amount equal to not more than half the actual costs of providing such training.
(d) CLARIFICATION- Nothing in this Act or any other provision of law shall be construed as making any immigration-related training a requirement for, or prerequisite to, any State or local law enforcement officer exercising that officer’s inherent authority to apprehend, arrest, detain, or transfer to Federal custody illegal aliens during the normal course of carrying out their law enforcement duties.
(e) TRAINING LIMITATION- Section 287(g) of the Immigration and Nationality Act (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.’.
SEC. 109. IMMUNITY.
(a) PERSONAL IMMUNITY- Notwithstanding any other provision of law, a law enforcement officer of a State or local law enforcement agency shall be immune, to the same extent as a Federal law enforcement officer, from personal liability arising out of the enforcement of any immigration law, provided the officer is acting within the scope of the officer’s official duties.
(b) AGENCY IMMUNITY- Notwithstanding any other provision of law, a State or local law enforcement agency shall be immune from any claim for money damages based on Federal, State, or local civil rights law for an incident arising out of the enforcement of any immigration law, except to the extent that the law enforcement officer of that agency, whose action the claim involves, committed a violation of Federal, State, or local criminal law in the course of enforcing such immigration law.
SEC. 110. PLACES OF DETENTION FOR ALIENS ARRESTED PENDING EXAMINATION AND DECISION ON REMOVAL.
(a) IN GENERAL- Section 241(g) of the Immigration and Nationality Act (8 U.S.C. 1231(g)) is amended by adding at the end the following:
‘(3) POLICY ON DETENTION IN STATE AND LOCAL DETENTION FACILITIES- In carrying out paragraph (1), the Secretary of Homeland Security shall ensure that an alien arrested under section 287(a) is detained, pending the alien’s being taken for the examination described in that section, in a
State or local prison, jail, detention center, or other comparable facility, if--
‘(A) such a facility is the most suitably located Federal, State, or local facility available for such purpose under the circumstances;
‘(B) an appropriate arrangement for such use of the facility can be made; and
‘(C) such facility satisfies the standards for the housing, care, and security of persons held in custody of a United States marshal.’.
(b) DETENTION FACILITY SUITABILITY- Notwithstanding any other provision of law, a facility described in section 241(g)(3)(C) of the Immigration and Nationality Act, as added by subsection (a), is adequate for detention of persons being held for immigration related violations.
(c) TECHNICAL AND CONFORMING AMENDMENT- Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231) is amended by striking ‘Attorney General’ each place that term appears and inserting ‘Secretary of Homeland Security’.
SEC. 111. INSTITUTIONAL REMOVAL PROGRAM.
(a) CONTINUATION-
(1) IN GENERAL- The Department of Homeland Security shall continue to operate and implement the program known as the Institutional Removal Program (IRP) which--
(A) identifies removable criminal aliens in Federal and State correctional facilities;
(B) ensures such aliens are not released into the community; and
(C) removes such aliens from the United States after the completion of their sentences.
(2) EXPANSION- The Institutional Removal Program shall be extended to all States. Any State that receives Federal funds for the incarceration of criminal aliens shall--
(A) cooperate with Federal Institutional Removal Program officials;
(B) expeditiously and systematically identify criminal aliens in its prison and jail populations; and
(C) promptly convey such information to Federal IRP authorities as a condition for receiving such funds.
(b) AUTHORIZATION FOR DETENTION AFTER COMPLETION OF STATE OR LOCAL PRISON SENTENCE- Law enforcement officers of a State or political subdivision of a State have the authority to--
(1) hold an illegal alien for a period of up to 14 days after the alien has completed the alien’s State prison sentence in order to effectuate the transfer of the alien to Federal custody when the alien is removable or not lawfully present in the United States; or
(2) issue a detainer that would allow aliens who have served a State prison sentence to be detained by the State prison until personnel from the Bureau of Immigration and Customs Enforcement can take the alien into custody.
(c) TECHNOLOGY USAGE- Technology such as videoconferencing shall be used to the maximum extent possible in order to make the Institutional Removal Program (IRP) 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 in order to make these resources available to State and local law enforcement agencies in remote locations.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out the Institutional Removal Program--
(1) $10,000,000 for fiscal year 2004;
(2) $20,000,000 for fiscal year 2005;
(3) $30,000,000 for fiscal year 2006;
(4) $40,000,000 for fiscal year 2007;
(5) $50,000,000 for fiscal year 2008;
(6) $60,000,000 for fiscal year 2009;
(7) $70,000,000 for fiscal year 2010; and
(8) $80,000,000 for fiscal year 2011.
TITLE II--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT IN THE INTERIOR THROUGH IMPROVED DOCUMENT SECURITY
TITLE II--ENHANCING ENFORCEMENT OF THE IMMIGRATION AND NATIONALITY ACT IN THE INTERIOR THROUGH IMPROVED DOCUMENT SECURITY
SEC. 201. DRIVERS LICENSES.
(a) EXPIRATION DATE FOR CERTAIN ALIENS-
(1) IN GENERAL- Section 656 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note) is amended by inserting after subsection (a) the following:
‘(b) STATE-ISSUED DRIVER’S LICENSES EXPIRATION DATE- A Federal agency may not accept for any identification-related purpose a driver’s license issued by a State unless, if the driver’s license is issued to an alien who is in lawful status but who is not an alien lawfully admitted for permanent residence, the period of validity of the license expires on the date on which the alien’s authorization to remain in the United States expires.’.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect beginning on October 1, 2007, but shall apply only to licenses issued to an individual for the first time and to replacement or renewal licenses issued according to State law.
(b) CONDITION OF FUNDS- Section 402(b)(1) of title 23, United States Code, is amended--
(1) in subparagraph (C), by striking ‘and’ at the end;
(2) in subparagraph (D), by striking the period at the end and inserting ‘; and’; and
(3) by adding at the end the following:
‘(E) prohibit aliens who are not in lawful status, as determined under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), from being issued a driver’s license in that State.’.
SEC. 202. SECURE AND VERIFIABLE IDENTIFICATION REQUIRED FOR FEDERAL PUBLIC BENEFITS.
(a) IN GENERAL- In the provision in the United States of a Federal public benefit or service that requires the recipient to produce identification, no Federal agency, commission, or other entity within the executive, legislative, or judicial branch of the Federal Government may accept, recognize, or rely on (or authorize the acceptance or recognition of, or the reliance on) any identification document, unless--
(1) the document was issued by a United States Federal or State authority and is subject to verification by a United States Federal law enforcement, intelligence, or homeland security agency; or
(2) the recipient--
(A) is lawfully present in the United States;
(B) is in possession of a passport; and
(C) is a citizen of a country for which the visa requirement for entry into the United States is waived if the alien possesses a passport from such country.
(b) IMMUNITY- An elected or appointed official, employee, or other contractor or agent of the Federal Government who takes an action inconsistent with subsection (a) is deemed to be acting beyond the scope of authority granted by law and shall not be immune from liability for such action, unless such immunity is conferred by the Constitution and cannot be waived.
