Section by Section Summary of Sensenbrenner Bill
The
bill makes numerous to changes to
Title
I – Securing
Requires
the Homeland Security Secretary to use all means to gain operational control
over the US borders including systematic surveillance, adding physical
infrastructure and hiring additional border patrol agents,
Within
six months of this law passing, DHS must submit a comprehensive plan for the
systematic surveillance of US borders.
Requires
submission within a year a National Strategy for Border Security to achieve
operational control over the borders. . The NSBS must be drafted in consultation
with local, tribal and state authorities.
Not
later than six months after the laws passes, DHS must submit a report on
reaching cross-border security agreements with
By
Within
90 days of passage of the bill, DHS shall submit a report to Congress on the
“One Fact at the Border” inspection initiative including information on
personnel hired from the previously existing customs and immigration agencies.
DHS
is required to develop a plan to provide for secure, two-way communications
between Border Patrol agents and their field offices.
Provides
for expansion of port of entry inspectors by 250 per year for each of Fiscal
Years 2007 through 2010.
Authorizes
a 25% increase in the number of canine teams used by DHS at ports of entry or
along the
Contains
provisions require DHS’ Inspector General to review contracts over $20 million
and to report on any problems.
Requires
the Comptroller General of the
DHS
is to report on how the National Capitol Region airspace security mission
affects border security.
Requires
DHS to reimburse property owners for the costs associated with repairing damage
caused by illegal aliens. $50,000
is authorized for each fiscal year to carry out this obligation.
By
Within
a year of passage of this bill, DHS must report to Congress on the travel of
Central American gang members into the
Requires
the collection and reporting of data on the number of aliens taken into custody
at the borders, the number of aliens requiring medical care,
Requires
DHS to deploy radiation monitoring equipment at all US ports of entry within a
year of enactment.
Calls
on DHS to establish outreach programs with the business community to identify
the best technologies, maximize productivity and improve cost-effectiveness.
TITLE
II—COMBATTING ALIEN SMUGGLING
All
alien smuggling offenses are now aggravated felonies as are crimes involving
illegally entering and reentering the country
where the sentence is at least a year. Also expands the definition of
“aggravated felony” to include “soliciting, aiding, abetting, counseling,
commanding, procuring” specified offenses.
Alien
smuggling will now include instances where a person acts in “reckless
disregard” of the fact that an alien is not allowed to enter the
The
new law is broad enough to potentially include employees of social service
agencies and church groups that offer services to undocumented workers.
Illegal
presence in the
The
penalty for marriage fraud and EB-5 fraud is expanded from five years to ten
years. Aliens convicted of three or more misdemeanors or one felony involving
drugs or crimes against the person who are in the
Sets
minimum sentences for those convicted of reentering the
Sets
minimum sentences for smugglers involved in bringing in previously removed
aliens.
If
a gun is used in the crime of alien smuggling, an increased sentence may be
imposed.
False
claims of
The
maximum period for voluntary departure is reduced from 120 days to 60 days.
People seeking voluntary departure most post a bond or show why posting a bond
would create a hardship or is not needed. All rights to appeal must be waived in
order to receive voluntary departure. An alien could still appeal, but this
would invalidate the voluntary departure order and the alien would again be
subject to penalties for failing to depart. Failing to obey a voluntary
departure order will be punishable by a fine of
$3000 and a ten year bar on eligibility for any immigration benefits. And
an alien who fails to depart under a voluntary departure order would be barred
from reopening removal proceedings except to claim protection under the
Convention Against Torture or the removal to a country would cause a person to
face a threat to life or freedom on account of membership in a group that would
normally be eligible for asylum status.
Closes
a loophole wherein aliens ordered removed who fail to depart are barred from
being readmitted if they leave and, for the first time, barred for an equal
amount of time from getting acquiring legal status if they remain.
Establishes
a laboratory to collect information in a database on fraudulent documents
intended to be used in connection with traveling to the
Adds
distribution to the elements of fraudulent misuse of a visa.
In
cases where DHS decides to remove someone to an alternate country, the Attorney
General has sole discretion to approve a motion to reopen or reconsider and such
motion must be filed within 30 days.
Broadens
the scope of who can be charged for producing false passports or visas.
Dramatically expands the statutory language to bring in trafficking of
passports.
There
is new language making it punishable by 15 years imprisonment to knowingly
defraud anyone in connection with an immigration matter. Whoever knowingly and
falsely represents himself or herself as an immigration lawyer can be fined and
imprisoned by up to 15 years.
Anyone
who knowingly uses an immigration document issued for the use of another or who
forges or alters an immigration document, or who knowingly and without lawful
authority transfers an immigration document to a person when the person is not
the person for whom the immigration document was signed is punishable by up to
15 years in prison.
Knowingly
completing, mailing, preparing, presenting, signing, or submitting any
immigration document knowing it contains any materially false statement or
representation can be punished by up to 15 years in prison.
Property
used to commit a crime in this section may be seized and forfeited.
Anyone
who commits a violation under this section for the purposes of participating in
terrorism shall be subject to higher penalties.
The
bill creates a presumption that can be rebutted that a person is a flight risk
who cannot get a bond if the person has no legal status in the
Establishes
a ten year statute of limitations for immigration-related crimes.
Broadens
the definition of “aggravated felony” to include new offenses created by
Section 212 of this bill.
Broadens
grounds for inadmissibility to include new offenses created by Section 212 of
this bill.
Broadens
grounds for removal to include new offenses created by Section 212 of this bill.
Directs
USCIS to, within six months of enactment of the law, to undertake maximum
efforts to reduce processing backlogs. Requires establishment of a pilot program
charged with reducing backlogs as much as possible and preventing the recurrence
of backlogs. Measures undertaken may include increasing personnel, transferring
personnel, streamlining processes and increasing the use of technology and
service centers.
Grants
state and local law enforcement authorities the inherent authority to
investigate, identify, apprehend, arrest, detain or transfer to Federal custody
aliens for the purpose of enforcing immigration laws.
DHS
must develop a training manual for state and local law enforcement agencies to
train officials in the investigation, identification, apprehension, arrest,
detention and transfer to Federal custody of aliens in the
DHS
must also develop in person and online/offline training programs regarding the
same.
DHS
shall make grants to state and local police departments to assist in the
procurement of equipment, technology, facilities and other products to assist in
pursuing immigration law violators. Up to $250,000,000 will be made available
each year for this purpose. GAO shall conduct an audit within three years on the
funds distributed.
DHS
shall continue Institutional Removal Program to identify criminal aliens in
state and federal prisons and act to immediately remove them from the
State
and local prison authorities are authorized to hold a prisoner for up to 14 days
after the alien has completed his or her sentence.
DHS
is authorized to spend $650,000,000 over a five year period to deploy technology
to extend the IRP to remote locations.
Authorizes
continued contracting with local and state authorities for the detention of
aliens with a $1.000,000,000 authorized each year.
State
and local authorities that bar law enforcement officials from assisting or
cooperating with federal immigration law enforcement shall not receive funds
otherwise granted to states to reimburse for expenses related to dealing with
illegal immigrants.
TITLE
DHS
and the Department of Defense shall
develop a joint strategic plan to use DOD surveillance equipment to assist with
the surveillance activities of DHS. A report must be submitted to Congress
within twelve months reviewing the cooperation.
DHS
shall consult with the Department of Interior to evaluate border vulnerabilities
in Department of Interior land adjacent to the
Within
a year of enactment of the bill, DHS shall conduct a training exercise on border
security information sharing and issue report
on the results. .
Within
a year of enactment of the bill, DHS shall establish a Border Security Advisory
Committee to advise DHS on issues relating to border security and enforcement.
Membership shall be comprised of individuals representing state and local
governments, community groups, and tribal governments located in the border
areas of the
Calls
for DHS to establish a grant program to assist other agencies with enforcing
immigration laws if those activities are carried out under agreement with a
Federal agency.
DHS
shall establish a university-based
Sense
of Congress that DHS should include recommendations in developing the National
Strategy for Border Security relating to including tribal authorities in
developing border security plans.
Establishes
a pilot program jointly for DHS and the Director of National Intelligence to
improve the coordination and management of intelligence and homeland security
information relating to the southwest border of the
TITLE
IV—DETENTION
Beginning
A
bond of $5000 may be secured with a notice to appear.
DHS
is to fully use all bed space and fully review “all
possible options to cost effectively increase available detention capacities,
including the
use
of temporary detention facilities, the use of
State
and local correctional facilities, private space,
and
secure alternatives to detention.”
DHS
is authorized to enter in contracts with private entities to secure the return
of apprehended immigrants across the border.
Amends
Section 243(d) of the Immigration Act to authorize DHS to deny admission of
aliens who are nationals of countries that refuse or delay the repatriation of
their nationals removed from the US.
DHS
is required to submit an annual cost assessing the price for deporting aliens to
their home countries or countries of last residence. The report should also
assess which countries are the most expensive for repatriation.
Requires
DHS to evaluate port of entry inspections to determine agents are referring
properly cases to have credible fear screenings for asylum applications.
Permits
DHS to remove via expedited removal any alien apprehended within 100 miles of
the border within 14 days of entering the US. Does not include people who show
up for inspection at ports of entry.
GAO
must prepare a report on this subject and discuss 1) whether crimes were
committed by DHS officials, 2) whether deaths were caused by negligence by such
personnel, 3) whether DHS practices were followed, 4) whether DHS practices are
enough to protect enough to protect detainees and 5) whether reports of such
deaths were made under Deaths in Custody Act.
Within
two years, DHS must submit to Congress a report on the number of illegal aliens
from noncontiguous countries apprehended along the US borders, the number of
aliens deported, and the number of such aliens from countries deemed to provide
support for international terrorism.
Within
six months from passage of the bill, DHS’ Under Secretary for Border and
Transportation Security must provide the NCIC of the Justice Department with
information the Under Secretary may have on all aliens subject to a removal
order, subject to a voluntary departure agreement, anyone who has overstayed an
I-94 and anyone whose visa has been revoked.
TITLE
V—EFFECTIVE ORGANIZATION OF BORDER SECURITY
AGENCIES
DHS
shall ensure full coordination of activities between its immigration agencies.
In particular, DHS shall 1) ensure the coordinated execution of policy, 2)
establish a mechanism for sharing and coordinating intelligence information, 3)
establish DHS task forces to better coordinate border security initiatives, 4)
better coordinate investigations, 5) comprehensively analyze the border security
budget, 6) establish measures and metrics to determine the effectiveness of such
coordination efforts, and 7)
develop a comprehensive plan to protect the northern and southern borders.
DHS
shall establish an Office of Air and Marine Operations headed by a newly
appointed Assistant Secretary of DHS for Air and Marine Operations.
The new office shall be charged with the “prevention of the entry of
terrorists, other unlawful aliens, instruments of terrorism, narcotics, and
other contraband of the United States.” The Office will operate the Air and
Marine Operations Center, tentatively slated to operate in Riverside,
California. AMOC will provide radar, communications and control services to the
Office of Air and Marine Operations. AMOC’s information shall be available to
other agencies at DHS.
The
Customs Patrol Officers Unit operating at the Tohono O’odham Indian
reservation (commonly knows as the Shadow Wolves unit) shall be transferred from
CBP to ICE within 90 days after the bill is enacted.
ICE
is authorized to establish additional units as needed.
TITLE
VI—TERRORIST
Those
deportable on terrorist grounds would be barred from the remedy of withholding
of removal.
This
section is a response to the Zadvydas v. Davis decision from the US Supreme
Court. DHS will be allowed to hold certain dangerous aliens who cannot be
removed. The decisions must be reviewed every six months by the DC District
Court.
Penalties
are increased and minimum sentences are set for failing to depart when ordered
removed.
Misusing
a Social Security number in connection with obtaining identification documents
is a deportable offense along with procuring citizenship unlawfully, and
committing domestic violence, stalking, child abuse, child neglect and child
abandonment offenses.
Refugees
and asylees who commit aggravated felonies are barred from becoming permanent
residents.
Committing
three drunk driving offenses is grounds for removal.
Allows
sheriffs in counties along the southern border to enforce immigration laws in
their counties. They can then seek reimbursement from DHS.
Aliens
who join criminal street gangs are deportable and inadmissible and are barred
from receiving asylum or TPS status.
Bars
aliens removable from the US on terrorism grounds from naturalizing. Aliens in
removal proceedings based on terrorism grounds are barred from naturalizing
while these removal proceedings are pending. Conditional permanent residents
must have these conditions removed before naturalization may occur.
Gives
DHS authority to use procedures to expedite removal for aliens removable on
criminal grounds who have no eligibility for any remedy.
Clarifies
that
Any
alien who is inadmissible for terrorism or security-related reasons cannot be
found to have good moral character for purposes of naturalization and
cancellation of removal. Commission
of an aggravated felony bars a good moral character finding even if the conduct
was not considered an aggravated felony at the time it occurred.
Adds
sexual abuse of a minor as an aggravated felony.
Also,
any reversal of a conviction provided by a court in order to help someone avoid
removal shall no longer have the effect of forestalling deportation.
Adds
misusing Social Security numbers and unlawfully procuring citizenship as ground
for removal.
Declaration
that Congress condemns rapes by alien smugglers and urges Mexican government to
work with DHS to prevent them from occurring.
Within
a year of passage of this bill, the Attorney General must submit to Congress a
report on the status of criminal alien prosecutions, including prosecutions of
human smugglers.
Two
years after enactment of the bill, a US Attorney prosecuting a criminal case in
federal court must determine within 30 days after filing the initial pleadings
in a case whether the defendant is lawfully present in the US. If the defendant
is lawfully present, the court must be notified of the alien’s current status.
If the defendant is not lawfully present, the US Attorney shall notify the court
in writing of the defendant’s status and country of origin or legal residence.
The information is to be added into the criminal records system of the US
Attorney and the courts. DOJ must issue an annual report to Congress containing
statistical information on trials and convictions of aliens.
Increases
minimum sentences for document fraud violations. If an alien is illegally in the
US and commits a crime of violence or a drug trafficking offense, the alien will
get an additional five years imprisonment. An additional 15 years imprisonment
will be imposed if the alien was previously removed. The additional prison time
can only run after the underlying prison sentence is completed.
.
TITLE
This
title makes participation in the employment verification pilot system (an
electronic/phone system to verify employment eligibility) mandatory for all
employers within two years. Previously hired employees may be re-verified under
the new system.
DHS
must investigate cases where a Social Security number is submitted more than
once by the same employer or by more than one employer.
Employment
verification requirements are extended to day employment situations.
Civil
penalties for hiring illegal aliens are increased.
The
Social Security Administration is to conduct a study on the on the cost of
requiring a hardened Social Security cards with an electronic strip and a
digital photo as well as the creation of a unified database between the SSA and
DHS for employment verification. Employers would be able to swipe the new cards
through a card reader to determine instantly a worker’s eligibility.
TITLE
VIII—IMMIGRATION
LITIGATION
ABUSE REDUCTION
Gives
the Board of Immigration Appeals authority to reverse an Immigration Judge’s
decision and order removal instead of having to remand the case to the
Immigration Judge.
Ends
judicial review of revocation of a visa.
If
DHS finds that an alien has reentered the US after having been removed
previously, the previously ordered removal order would be reinstated and may not
be reviewed by a court.
This
bill borrows the concept of the
The
bill requires appeals of BIA decisions to be referred to a single circuit court
judge for an initial screening and then that judge will issue a “certificate
of reviewability” if he believes the case should proceed to a three-judge
panel.
Bars
access to the immigration courts for all non-immigrants seeking to appeal a
denial of admission at a port of entry. Non-immigrants must waive the right to
contest a removal proceeding.
Further
limits instances of judicial review in removal cases.
Courts
may not award fees and expenses based on an alien’s status as a prevailing
party in any proceeding relating to an order of removal unless the court of
appeals finds that the Attorney General’s determination that the alien was
removal under INA Section 212 or 237 was not substantially justified.
Within
90 days, DHS shall start a pilot program to test use of automated systems for
immediate prescreening of passengers at foreign airports. The system, using
machine-readable data from passports, would
check names against terror watch lists and provide information to the airline. A
report to Congress must be submitted within 30 days of the program ending.
Congress
finds the following:
(1)
Hundreds of people die crossing our international border with Mexico every year.
(2)
Illegal narcotic smuggling along the Southwest border of the United States is
both dangerous and prolific.
(3)
Over 155,000 non-Mexican individuals were apprehended trying to enter the United
States along the Southwest border in fiscal year 2005.
(4)
The number of illegal entrants into the United States through the Southwest
border is estimated to exceed one million people a year.
IIRAIRA
is amended to require two layers of fencing and the installation of additional
barriers across most of the US land border with Mexico. Specific sections of the
border are specified for prioritization. Other forms of surveillance can be used
in the hilliest areas.
DHS
is to conduct a study on building a wall along the Canadian border. DHS must
report to Congress within a year on this.
“It
is the sense of the Congress that the Secretary of Homeland Security 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.”
This
title may be cited as--
(1)
the `Security and Fairness Enhancement for America Act of 2005'; or
(2)
the `
The
diversity immigrant (“Green card lottery”) program is eliminated beginning
on October 1, 2006.
DHS
will notify foreign governments when their citizens naturalize and that
allegiance to that country has been denounced and loyalty to the US has been
promised. This section takes effect six months after passage of this bill.
This
title may be cited as the `Taking Action to Keep Employees Accountable in
Immigration Matters Act of 2005' or the `TAKE
Listing
of findings focusing on the need to prevent immigration fraud and corruption
including corruption within US immigration agencies. .
The
Director of the Office of Security and Investigations shall report directly to
the Director of United States Citizenship and Immigration Services.
No
immigration benefit may be granted until any suspected or alleged fraud relating
to the benefit has been fully investigated and found to be unsubstantiated.
Not
later than 30 days following the date of enactment of this title, the Secretary
of Homeland Security shall eliminate the Fraud Detection and National Security
Office of United States Citizenship and Immigration Services and transfer all
authority of such office to the Office of Security and Investigations.
A
new $10 fee will be added on to any immigrant or nonimmigrant applications and
on to adjustment applications to fund
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