H.R. 3531 (110th): Accountability in Enforcing Immigration Laws Act of 2007

110th Congress, 2007–2009. Text as of Sep 14, 2007 (Introduced).

Status & Summary | PDF | Source: GPO

I

110th CONGRESS

1st Session

H. R. 3531

IN THE HOUSE OF REPRESENTATIVES

September 14, 2007

(for herself, Mr. Miller of Florida, Mrs. Drake, Mr. Bilbray, and Mr. Tancredo) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Immigration and Nationality Act to improve the interior enforcement of the immigration laws of the United States, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Accountability in Enforcing Immigration Laws Act of 2007.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—ILLEGAL IMMIGRATION

Sec. 101. Making illegal immigration a felony.

Sec. 102. Detention of illegal aliens.

Sec. 103. State and local law enforcement bonuses.

Sec. 104. Employment investigations and restrictions for airport workers.

Sec. 105. Terrorist watchlist and immigration status review for high-risk critical infrastructure.

Sec. 106. Declaration of Congress regarding rapes along the border with Mexico.

TITLE II—ENFORCEMENT

Sec. 201. Federal affirmation of assistance in the immigration law enforcement by States and political subdivisions of States.

Sec. 202. Training of State and local law enforcement personnel relating to the enforcement of immigration laws.

Sec. 203. Financial assistance to State and local police agencies that assist in the enforcement of immigration laws.

Sec. 204. Institutional removal program (IRP).

Sec. 205. State criminal alien assistance program (SCAAP).

Sec. 206. State authorization for assistance in the enforcement of immigration laws encouraged.

Sec. 207. Listing of immigration violators in the National Crime Information Center database.

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ILLEGAL IMMIGRATION

101.

Making illegal immigration a felony

Section 275(a) of the Immigration and Nationality Act (8 U.S.C. 1325(a)) is amended by striking or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code.

102.

Detention of illegal aliens

(a)

In general

The Commissioner of United State Immigration and Customs Enforcement shall provide—

(1)

for the detention of all aliens unlawfully present in the United States who are apprehended by State or local law enforcement officers; and

(2)

in the case of a State or local government the law enforcement agency of which detains such an alien, for the payment to such government of the per diem rate to detain such alien from the time of notification to United States Immigration and Customs Enforcement by such government of such detention until such alien is removed from such detention.

(b)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out subsection (a).

103.

State and local law enforcement bonuses

The Secretary of Homeland Security is authorized, under the program carried out under section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)), to pay bonuses to State and local law enforcement agencies for assistance in enforcing immigration laws.

104.

Employment investigations and restrictions for airport workers

Section 44936(a)(1) of title 49, United States Code, is amended in subparagraphs (A) and (B)—

(1)

by inserting , immigration status check, after criminal history record check; and

(2)

by inserting on an annual basis after be conducted.

105.

Terrorist watchlist and immigration status review for high-risk critical infrastructure

There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary for the Secretary to require, as a condition of receipt of a grant under the Buffer Zone Protection Program for a Tier I or Tier II critical infrastructure site, that the owner and operator of the site conduct checks of their employees whose functions affect the security of the site against available terrorist watchlists and immigration status databases.

106.

Declaration of Congress regarding rapes along the border with Mexico

Congress condemns rapes by smugglers along the international land border of the United States and urges in the strongest possible terms the Government of Mexico to work in coordination with United States Customs and Border Protection take immediate action to prevent such rapes from occurring.

II

ENFORCEMENT

201.

Federal affirmation of assistance in the immigration law enforcement by States and political subdivisions of States

(a)

In general

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 investigate, identify, 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), for the purposes of assisting in the enforcement of the immigration laws of the United States in the course of carrying out routine duties. This State authority has never been displaced or preempted by Congress.

(b)

Construction

Nothing in this section may be construed to require law enforcement personnel of a State or political subdivision of a State to—

(1)

report the identity of a victim of, or a witness to, a criminal offense to the Secretary of Homeland Security for immigration enforcement purposes; or

(2)

arrest such victim or witness for a violation of the immigration laws of the United States.

202.

Training of State and local law enforcement personnel relating to the enforcement of immigration laws

(a)

Establishment of training manual and pocket guide

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall establish—

(1)

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 the identification of fraudulent documents); and

(2)

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.

(b)

Availability

The training manual and pocket guide established in accordance with subsection (a) shall be made available to all State and local law enforcement personnel.

(c)

Applicability

Nothing in this section shall be construed to require State or local law enforcement personnel to carry the training manual or pocket guide established under subsection (a)(2) with them while on duty.

(d)

Costs

The Secretary of Homeland Security shall be responsible for any and all costs incurred in establishing the training manual and pocket guide under subsection (a).

(e)

Training flexibility

(1)

In general

The Secretary of Homeland Security shall make training of State and local law enforcement officers available through as many means as possible, including residential training at the Center for Domestic Preparedness, 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. E-learning through a secure, encrypted distributed learning system that has all its servers based in the United States, is sealable, survivable, and can have a portal in place within 30 days, shall be made available by the Federal Law Enforcement Training Center Distributed Learning Program for State and local law enforcement personnel.

(2)

Federal personnel training

The training of State and local law enforcement personnel under this section shall not displace the training of Federal personnel.

(3)

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 to assist in the enforcement of Federal immigration laws in the normal course of carrying out their normal law enforcement duties.

(f)

Training limitation

Section 287(g) of the Immigration and Nationality Act (8 U.S.C. 1357(g)) is amended—

(1)

by striking Attorney General and inserting Secretary of Homeland Security each place it appears; and

(2)

in paragraph (2), by adding at the end the following new sentence: Such training shall not exceed 14 days or 80 hours, whichever is longer..

203.

Financial assistance to State and local police agencies that assist in the enforcement of immigration laws

(a)

Grants for special equipment for housing and processing illegal aliens

From amounts made available to make grants under this section, the Secretary of Homeland Security shall make grants to States and political subdivisions of States for procurement of equipment, technology, facilities, and other products that facilitate and are directly related to investigating, apprehending, arresting, detaining, or transporting immigration law violators, including additional administrative costs incurred under this Act.

(b)

Eligibility

To be eligible to receive a grant under this section, a State or political subdivision of a State must have the authority to, and have in effect the policy and practice to, assist in the enforcement of the immigration laws of the United States in the course of carrying out such agency’s routine law enforcement duties.

(c)

Funding

There is authorized to be appropriated to the Secretary of Homeland Security $250,000,000 for fiscal year 2008 and each subsequent fiscal year to make grants under this section.

(d)

GAO audit

Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct an audit of funds distributed to States and political subdivisions of States under subsection (a).

204.

Institutional removal program (IRP)

(a)

Continuation and expansion

(1)

In general

The Secretary 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 officials of the institutional removal program;

(B)

expeditiously and systematically identify criminal aliens in its prison and jail populations; and

(C)

promptly convey such information to officials of such program 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 are authorized 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 United States Immigration and Customs Enforcement can take the alien into custody.

(c)

Technology usage

Technology such as video conferencing 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 the Secretary of Homeland Security to carry out the Institutional Removal Program—

(1)

$100,000,000 for fiscal year 2008;

(2)

$115,000,000 for fiscal year 2009;

(3)

$130,000,000 for fiscal year 2010;

(4)

$145,000,000 for fiscal year 2011; and

(5)

$160,000,000 for fiscal year 2012.

205.

State criminal alien assistance program (SCAAP)

Section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by inserting before the period at the end the following: and $1,000,000,000 for each subsequent fiscal year.

206.

State authorization for assistance in the enforcement of immigration laws encouraged

(a)

In general

Effective six months after the date of the 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 assisting or cooperating with Federal immigration law enforcement in the course of carrying out the officers’ routine law enforcement duties shall not receive 25 percent of the non-emergency funds that would otherwise be allocated to the State, or to the political subdivision of the State, from the Department of Homeland Security. If the Secretary of Homeland Security determines that such is appropriate, the Secretary may withhold an additional 25 percent of such funds that would otherwise be so allocated.

(b)

Rule of construction

Nothing in this section shall require a law enforcement official from a State or a political subdivision of a State to report or arrest victims or witnesses of a criminal offense.

(c)

Reallocation of funds

Any funds that are not allocated to a State or to political subdivision of a State due to the failure of the State or the political subdivision of a State to comply with subsection (a) shall be reallocated to States or political subdivisions of States that comply with such subsection.

207.

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 the 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 Under Secretary may have on any aliens against whom a final order of removal has been issued, any aliens who have signed a voluntary departure agreement, any aliens who have overstayed their authorized period of stay, and any aliens whose visas have been revoked. Such information shall be provided to the National Crime Information Center, and the National Crime Information Center shall enter such information into the Immigration Violators File of the National Crime Information Center database, regardless of whether—

(1)

the alien received notice of a final order of removal;

(2)

the alien has already been removed; or

(3)

sufficient identifying information is available on the alien.

(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 new paragraph:

(4)

acquire, collect, classify, and preserve records of violations of the immigration laws of the United States, regardless of whether the alien has received notice of the violation or whether sufficient identifying information is available on the alien and even if the alien has already been removed.

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