Alien Accountability Act

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3651 Introduced in House (IH)]

108th CONGRESS
1st Session
H. R. 3651

To account for all aliens unlawfully present in the United States by
providing incentives for such aliens to register with the Secretary of
Homeland Security, to provide immunity from criminal prosecution for
the employer of such an alien if the employer pays all taxes and
penalties owed by reason of such employment, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 8, 2003

Mr. Issa introduced the following bill; which was referred to the
Committee on the Judiciary

_______________________________________________________________________

A BILL

To account for all aliens unlawfully present in the United States by
providing incentives for such aliens to register with the Secretary of
Homeland Security, to provide immunity from criminal prosecution for
the employer of such an alien if the employer pays all taxes and
penalties owed by reason of such employment, 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 ``Alien Accountability Act''.

SEC. 2. ACCOUNTING FOR ALL UNLAWFULLY PRESENT ALIENS.

(a) Registration.--
(1) In general.--In the case of each alien unlawfully
present in the United States on December 8, 2003 (or in the
case of each alien who is a resident in a foreign contiguous
territory and was habitually unlawfully present in the United
States during the 6-month period ending on December 8, 2003)
who registers with the Secretary of Homeland Security during
the 6-month period beginning on a date (not later than 180 days
after the date of the enactment of this Act) designated by the
Secretary, and provides the Secretary with such biometric
identifiers as the Secretary may require--
(A) if the alien is eligible for adjustment of
status under section 251 of the Immigration and
Nationality Act (as added by section 3 of this Act),
the Secretary shall permit the alien to apply for such
adjustment; or
(B) if the alien is not so eligible, or does not
desire to apply for such adjustment, and has not been
determined by an immigration judge to be inadmissible
under paragraph (2) or (3) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) or
deportable under paragraph (2)(A)(iii) or (4) of
section 237(a) of such Act (8 U.S.C. 1227(a))--
(i) the Secretary shall permit the alien
voluntarily to depart the United States at the
alien's own expense in lieu of being subject to
proceedings under section 240 of such Act (8
U.S.C. 1229a) during a voluntary departure
period not exceeding 120 days; and
(ii) if the alien does so depart, the
Secretary shall disregard such unlawful
presence in the United States (and the alien's
unlawful entrance into the United States, where
applicable) for purposes of any determination
under such Act, or any other immigration law of
the United States, made subsequent to such
departure.
(2) Employer-employee joint registration.--An alien
unlawfully present in the United States may register under
paragraph (1) alone or together with the alien's present or
former employer.
(3) Employer notification of unlawfully employed alien.--If
an employer desires to make a joint registration described in
paragraph (2) with an alien who has not yet registered under
paragraph (1), but the alien refuses to do so, the employer may
notify the Secretary of Homeland Security of such refusal.
(b) Immunity From Fines and Penalties for Unlawful Employment of
Aliens.--
(1) In general.--In the case of an employer who submits a
joint registration described in subsection (a)(2) or a
notification described in subsection (a)(3), if the employer
pays to the Secretary of the Treasury any Federal tax
(including penalties and interest) owed by reason of the
employment of the alien, the employer shall considered relieved
of liability for any violation of section 274A of the
Immigration and Nationality Act (8 U.S.C. 1324a) arising out of
such employment. Such immunity shall cover employment of the
alien from the commencement of such employment through the
earlier of--
(A) the end of the application period described in
section 251(a)(1) of such Act (as added by section 3 of
this Act), if the alien fails to submit an application
under such section; or
(B) the date on which the application of the alien
under such section is finally adjudicated.
(2) Recoupment of certain costs.--The Secretary of the
Treasury may impose a fee on an employer paying taxes,
penalties, or interest under paragraph (1), to be set at a
level necessary to recover the costs of collecting and
processing such payments.
(3) Provision of information to states.--The Secretary of
the Treasury shall provide to any State in which an employer
conducts (or has conducted) business information that is
collected by the Federal Government pursuant to the employer's
submission of a joint registration described in subsection
(a)(2) or a notification described in subsection (a)(3), or
pursuant to the employer's payment of taxes, penalties, or
interest under paragraph (1), but only if the State agrees to
accept payment of all State and local taxes (including
penalties and interest) owed by the employer in lieu of
criminal prosecution.
(c) Exit Program.--The Secretary of Homeland Security shall
implement an exit program to ensure that appropriate data are collected
about aliens departing voluntarily under subsection (a)(1)(B).
(d) Minors.--In the case of an alien who is under 18 years of age,
a parent or legal guardian of the alien may exercise the authorities
under this section on behalf of the alien.
(e) Limitation on Registration.--Any alien whose unlawful presence
in the United States is known to officials of the Bureau of Immigration
and Customs Enforcement of the Department of Homeland Security (as
evidenced by documentary records) at any time prior to the alien's
registration under this section is ineligible for such registration.
Any purported registration by such an alien, or any purported
notification made by an employer under subsection (a)(3) with respect
to such an alien, shall be deemed null and void.
(f) Limitations on Voluntary Departure.--
(1) Financial means.--No alien may be permitted to depart
voluntarily under this section unless the alien has established
by clear and convincing evidence that the alien has the means
to depart the United States and intends to do so.
(2) Bond.--An alien permitted to depart voluntarily under
this section shall be required to post a voluntary departure
bond, in an amount necessary to ensure that the alien will
depart, to be surrendered upon proof that the alien has
departed the United States within the time specified.
(3) Aliens not eligible.--The Secretary of Homeland
Security shall not permit an alien to depart voluntarily under
this section if the alien is subject to pending civil or
criminal proceedings, imprisoned, sentenced to imprisonment, or
on parole, supervised release, or probation.
(4) Civil penalty for failure to depart.--In addition to
being subject to removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a), if an alien
is permitted to depart voluntarily under this section and fails
to do so within the time period specified, the alien shall be
subject to a civil penalty in accordance with section 240B(d)
of such Act (8 U.S.C. 1229c(d)).

SEC. 3. ADJUSTMENT OF STATUS FOR CERTAIN REGISTRANTS.

(a) In General.--Chapter 5 of title II of the Immigration and
Nationality Act (8 U.S.C. 1255 et seq.) is amended by inserting after
section 250 the following:

``SEC. 251. ADJUSTMENT OF STATUS FOR CERTAIN REGISTRANTS.

``(a) Adjustment of Status.--The Secretary of Homeland Security
shall adjust the status of an alien who has registered under section
2(a) of the Alien Accountability Act to that of a nonimmigrant under
section 101(a)(15)(W) if the alien meets the following requirements:
``(1) Application period.--The alien applies for such
adjustment during the 6-month period beginning on a date
designated by the Secretary and occurring not later than 6
months after the termination of the registration period
described in such section.
``(2) Fee.--The alien (or a present or former employer of
the alien) pays a fee established by the Secretary in
accordance with subsection (g).
``(3) Abandonment of other applications for relief.--The
alien must withdraw or otherwise demonstrate voluntary
abandonment or termination of any other application for relief
from removal under this Act, or any other Federal immigration
law, which may have been pending prior to the submission of the
application under paragraph (1), and the alien must permanently
relinquish the opportunity subsequently to submit any such
application.
``(4) Employment or sponsorship.--The alien, or an employer
or other sponsor of the alien, has satisfied the requirements
of subsection (b).
``(5) Continuous unlawful residence or habitual presence.--
``(A) In general.--The alien must establish that
the alien entered the United States before December 8,
2003, and has resided continuously in the United States
in an unlawful status since such date and through the
date the application is filed under this subsection.
``(B) Nonimmigrants.--
``(i) In general.--In the case of an alien
who entered the United States as a nonimmigrant
before December 8, 2003, the alien must
establish that the alien's period of authorized
stay as a nonimmigrant expired before such date
through the passage of time.
``(ii) Exchange visitors.--If the alien was
at any time a nonimmigrant exchange alien (as
defined in section 101(a)(15)(J)), the alien
must establish that the alien was not subject
to the two-year foreign residence requirement
of section 212(e) or has fulfilled that
requirement or received a waiver thereof.
``(C) Habitual border crossers.--Notwithstanding
subparagraph (A), in the case of an alien who is a
resident of a foreign contiguous territory and has not
established a residence in the United States, the alien
must establish that the alien was habitually unlawfully
present in the United States during the 6-month period
ending on December 8, 2003.
``(6) Criminal, security, or related grounds.--The alien
must establish that the alien has not been determined by an
immigration judge to be inadmissible under paragraph (2) or (3)
of section 212(a) or deportable under paragraph (2)(A)(iii) or
(4) of section 237(a).
``(7) Cooperation.--The alien must have provided truthful
answers to all questions posed by officials of the Department
of Homeland Security, and otherwise have cooperated in
investigative efforts by such officials.
``(b) Means of Support.--
``(1) Employment.--An employer employing an alien in the
United States may demonstrate (to the satisfaction of the
Secretary pursuant to such standards as the Secretary shall by
regulations establish) that such employment produces adequate
means financially to support the alien, and dependents of the
alien, for the duration of the period during which the alien
will be a nonimmigrant described in section 101(a)(15)(W).
Alternatively, if the employer of the alien does not desire to
make such demonstration, the alien may do so using adequate
employment documentation established by the Secretary.
``(2) Sponsorship.--In the case of an alien who is not able
to satisfy the requirements of paragraph (1), if the alien is a
financial dependent of another individual, the alien may
demonstrate (to the satisfaction of the Secretary pursuant to
such standards as the Secretary shall by regulations establish)
that such individual possesses lawful means adequately to
support the alien financially and has agreed (in a legally
enforceable writing promulgated by the Secretary under such
regulations) to provide such support for the duration of the
period during which the alien will be a nonimmigrant described
in section 101(a)(15)(W).
``(c) Identification Document.--
``(1) In general.--Each alien provided status under section
101(a)(15)(W) shall be given an identification document that
uses biometric identifiers. In carrying out the preceding
sentence, the Secretary of Homeland Security shall select from
among biometric identifiers recognized by domestic and
international standards organizations.
``(2) Cost.--The cost of producing and issuing the
identification documents described in paragraph (1) shall be
taken into account in establishing fees under subsection (g).
``(d) Benefits.----
``(1) Work authorization.--The Secretary of Homeland
Security shall authorize an adult alien whose status has been
adjusted under subsection (a) to engage in employment in the
United States during the term of the alien's lawful status and
shall provide the alien with an `employment authorized'
endorsement or other appropriate document signifying
authorization of employment.
``(2) Change in nonimmigrant classification; adjustment of
status.--In the case of a nonimmigrant having lawful status
under section 101(a)(15)(W), the Secretary of Homeland Security
may authorize a change of nonimmigrant classification, or may
adjust the status of the alien to that of an alien lawfully
admitted for permanent residence, if the alien otherwise
satisfies the requirements for such change or adjustment.
``(3) Travel abroad.--The Secretary of Homeland Security
shall permit the alien to travel abroad for temporary periods
without the prior consent of the Secretary during periods of
lawful status as a nonimmigrant under section 101(a)(15)(W).
``(4) Inapplicability of certain grounds for removal.--For
purposes of obtaining the benefits described in this
subsection, and for purposes of any other determination under
the immigration laws of the United States, any ground for
removal or denial of admission applicable to an alien granted
status under section 101(a)(15)(W) shall be disregarded if the
ground is reflected in the records of the Department of
Homeland Security or the Department of State on the date on
which the alien first applied for such status.
``(5) Special rule for habitual border crossers.--
Notwithstanding any other provision of this section, in the
case of an alien described in subsection (a)(5)(C), the
Secretary of Homeland Security shall have the discretion to
impose conditions on the alien's status under section
101(a)(15)(W) designed to permit the alien to engage solely in
those activities in the United States in which the alien
engaged during the 6-month period described in subsection
(a)(5)(C).
``(6) Family members may not follow to join.--No relative
of an alien having status under section 101(a)(15)(W) may
follow to join the alien.
``(e) Minors.--In the case of an alien who is under 18 years of
age, a parent or legal guardian of the alien may exercise the
authorities under this section on behalf of the alien.
``(f) Period of Authorized Admission.--
``(1) In general.--The initial period of authorized
admission as a nonimmigrant described in section 101(a)(15)(W)
shall be 1 year.
``(2) Renewal.--Such initial period may be renewed by the
Secretary of Homeland Security up to 5 times, in 1-year
increments. The Secretary of Homeland Security shall impose a
fee on applicants for status renewal in accordance with
subsection (g). Renewal shall be contingent on the alien, or an
employer or other sponsor of the alien, demonstrating
continuous satisfaction of the employment or sponsorship
requirements of subsection (b).
``(3) Employment or sponsorship termination.--If at any
time the employment or sponsorship conditions described in
subsection (b) that were the predicate for an initial or
subsequent grant of status as a nonimmigrant under section
101(a)(15)(W) terminate or change, the nonimmigrant shall
notify the Secretary of Homeland Security. The Secretary shall
grant the alien 30 days to arrange new employment or
sponsorship so as to satisfy such conditions. Such 30-day
period may be extended by the Secretary in 30-day increments
not more than twice. If the alien is unable to satisfy such
conditions within the period granted by the Secretary, the
Secretary shall terminate the alien's authorization to remain
in the United States. If the Secretary determines that an alien
has failed to comply with the notification requirement of this
paragraph, the Secretary shall terminate the alien's
authorization to remain in the United States.
``(g) Amount of Fees.--Fees collected under subsection (a)(2), and
upon renewal of nonimmigrant status pursuant to subsection (f)(2),
shall be set at a level that ensures recovery of at least the following
costs:
``(1) The cost of processing applications for adjustment of
status under subsection (a)(1) and applications for status
renewal under subsection (f)(2).
``(2) Other costs of administering this section and section
2 of the Alien Accountability Act.
``(3) The cost of increasing the personnel of the Bureau of
Immigration and Customs Enforcement by the number established
under section 5(a)(2) of such Act.
``(h) Sunset.--The authority of the Secretary of Homeland Security
to adjust the status of an alien under subsection (a) shall expire 6
years after the first day on which any alien is provided status under
section 101(a)(15)(W).
``(i) Work Authorization for Applicants.--The Secretary of Homeland
Security may authorize an alien who has applied for adjustment of
status under subsection (a) to engage in employment in the United
States during the pendency of such application and may provide the
alien with an `employment authorized' endorsement or other appropriate
document signifying authorization of employment, except that if such
application is pending for a period exceeding 180 days, and has not
been denied, the Secretary shall authorize such employment.
Notwithstanding the preceding sentence, the Secretary shall not be
required to authorize employment for an alien described in subsection
(a)(5)(C) unless the alien engaged in employment in the United States
during the 6-month period described in such subsection.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act is amended by inserting after the item relating to
section 250 the following:

``Sec. 251. Adjustment of status for certain registrants.''.

SEC. 4. NEW NONIMMIGRANT VISA CATEGORY.

Section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) is amended--
(1) in subparagraph (U), by striking ``or'' at the end;
(2) in subparagraph (V), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(W) an alien whose status is adjusted under section
251.''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS FOR INCREASE IN NUMBER OF
CERTAIN IMMIGRATION-RELATED PERSONNEL.

(a) In General.--There are authorized to be appropriated for fiscal
year 2005 and subsequent fiscal years such sums as may be necessary to
enable the Secretary of Homeland Security to increase, above the number
of positions for which funds were allotted for the preceding fiscal
year, the total number of personnel of the Bureau of Immigration and
Customs Enforcement engaged in interior enforcement and alien removal
functions by--
(1) 3,000, for the fiscal year in which this Act is
enacted; and
(2) the number derived under subsection (b) for each
subsequent fiscal year.
(b) Increase.--The number derived under this subsection shall equal
1,000 for each 1,000,000 aliens initially granted status as
nonimmigrants under section 101(a)(15)(H)(W) of the Immigration and
Nationality Act (as added by section 4 of this Act) during the previous
fiscal year.

SEC. 6. STUDY OF IMMIGRATION LEVELS.

The Secretary of Homeland Security shall conduct a study to
determine whether, for each program under Federal immigration law for
which a number of eligible aliens is specified for a year or otherwise,
such number ought to be modified in view of the number of aliens
registered under section 2.
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