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S. 1362 (109th): Homeland Security Enhancement Act of 2005


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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Jun 30, 2005.


Homeland Security Enhancement Act of 2005 - States that: (1) state and local law enforcement personnel are fully authorized in the normal course of their duties to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws; (2) a statute or practice that prohibits state or local law enforcement personnel in the normal course of their duties from enforcing or assisting in enforcing federal immigration laws is in violation of Department of Homeland Security communication provisions under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996; and (3) states and localities should provide the Department with specified information regarding apprehended aliens believed to be in violation of immigration laws.

Amends the Immigration and Nationality Act with respect to illegal aliens to: (1) establish criminal penalties and forfeiture for aliens unlawfully present in the United States; and (2) increase specified criminal penalties for illegal entry and failure to depart violations.

Provides for the listing of immigration violators in the National Crime Information Center database.

Directs the Secretary of Homeland Security to: (1) construct or acquire 20 additional detention facilities for aliens detained pending removal (or a decision on removal); and (2) request the transfer of military installations under base closure laws for such purposes.

Amends the Immigration and Nationality Act with respect to illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local enforcement entity request; and (2) state or local compensation for related incarceration and transportation costs.

Directs the Secretary to establish immigration-related training for state and local personnel.

Provides: (1) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties; and (2) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement.

States with respect to an alien subject to removal that the Secretary shall ensure such alien's detention in an adequate (as defined by this Act) state or local prison, detention center, or other comparable facility prior to his or her removal examination.

States that the Department shall continue to operate the institutional removal program (IRP), which shall be expanded to all states. Authorizes permanent appropriations for IRP.

Authorizes state or local detention of an illegal alien after completion of such alien's prison sentence for: (1) up to 14 days to facilitate federal transfer; or (2) until transfer to the Bureau of Immigration and Customs Enforcement.