[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1906 Introduced in Senate (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
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
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
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.
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