Immigration Enforcement and Border Security Act of 2007

deploying along such borders physical infrastructure enhancements, including additional checkpoints, all weather access roads, and vehicle barriers to gain operational control over such borders and to facilitate access to such borders by United States Customs and Border Protection;

installing, along the international land border between the United States and Mexico, at least—

deploying, for use along the international land border between the United States and Mexico, 4 unmanned aerial vehicles, and the supporting systems for such vehicles; and

conducting systematic surveillance of the international land and maritime borders of the United States through more effective use of personnel and technology, including ground-based sensors, satellites, radar coverage, and cameras.

United states customs and border protection officers

Immigration and customs enforcement personnel

In addition to the positions authorized under section 5203 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458), during each of the fiscal years 2008 through 2012, the Secretary shall, subject to the availability of appropriations, increase by not fewer than 200 the number of positions for personnel within the Department assigned to investigate alien smuggling.

Deputy united states marshals

In each of the fiscal years 2008 through 2012, the Attorney General shall, subject to the availability of appropriations, increase by not less than 50 the number of positions for full-time active duty Deputy United States Marshals that assist in matters related to immigration.

Recruitment of former military personnel

The Commissioner of United States Customs and Border Protection, in conjunction with the Secretary of Defense or a designee of the Secretary of Defense, shall establish a program to actively recruit members of the Army, Navy, Air Force, Marine Corps, and Coast Guard who have elected to separate from active duty.

United states customs and border protection officers

There are authorized to be appropriated to the Secretary such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a)(1).

Deputy united states marshals

There are authorized to be appropriated to the Attorney General such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a)(3).

Border patrol agents

Section 5202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) is amended to read as follows:

is a national of a noncontiguous country;

has not been admitted or paroled into the United States; and

was apprehended within 100 miles of the international border of the United States.

does not pose a flight risk;

does not pose a danger to the community; and

gives a bond of not less than $5,000, with security approved by, and containing conditions prescribed by, the Secretary.

additional sensors;

critical spares;

satellite command and control; and

other necessary equipment for operational support.

In general

There are authorized to be appropriated to the Secretary to carry out subsection (a)—

Availability of funds

Amounts appropriated pursuant to paragraph (1) shall remain available until expended.

equipping all ports of entry of the United States with the United States–Visitor and Immigrant Status Indicator Technology system (referred to in this section as US–VISIT) implemented under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), including all necessary changes to infrastructure at the ports of entry to fully deploy US–VISIT;

developing and deploying at such ports of entry the exit component of US–VISIT; and

making interoperable all immigration screening systems operated by the Secretary.

In general

Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the governor of each State that shares a land border with Mexico and a separate report to the governor of each State that shares a land border with Canada that describes the progress made in establishing, funding, and implementing the border security and other measures set forth under this title.

Governor's response

Not later than 60 days after receiving a report from the Secretary under paragraph (1), a governor may submit a report to Congress that—

Collection of biometric data from aliens entering and departing the united states

Section 215 (8 U.S.C. 1185) is amended—

Inspection of applicants for admission

Section 235(d) (8 U.S.C. 1225(d)) is amended by adding at the end the following:

Collection of biometric data from alien crewmen

Section 252 (8 U.S.C. 1282) is amended by adding at the end the following:

Grounds of inadmissibility

Section 212 (8 U.S.C. 1182) is amended—

Implementation

Section 7208 of the 9/11 Commission Implementation Act of 2004 (8 U.S.C. 1365b) is amended—

In general

The Secretary shall require an alien who was admitted to the United States on a temporary nonimmigrant visa to record the alien’s departure at a designated port of entry or at a designated United States consulate abroad.

Failure to record departure

If an alien does not record the alien’s departure as required under paragraph (1), the Secretary, not later than 48 hours after the expiration of the alien’s period of authorized admission, shall enter the name of the alien into the National Crime Information Center database as having overstayed the alien’s period of authorized admission.

Information sharing with law enforcement agencies

Consistent with the authority of State and local police to assist the Federal Government in the enforcement of Federal immigration laws, the information in the database described in paragraph (2) shall be made available to the Department of State and to State and local law enforcement agencies pursuant to the provisions of section 240D of the Immigration and Nationality Act, as added by section 224 of this Act.

In general

The Secretary is authorized to award grants, subject to the availability of appropriations, to an eligible law enforcement agency to provide assistance to such agency to address—

Duration

Grants may be awarded under this subsection during each of fiscal years 2008 through 2012.

Competitive basis

The Secretary shall award grants under this subsection on a competitive basis, except that the Secretary shall give priority to applications from any eligible law enforcement agency serving a community—

to obtain equipment;

to hire additional personnel;

to upgrade and maintain law enforcement technology;

to cover operational costs, including overtime and transportation costs; and

such other resources as are available to assist that agency.

In general

Each eligible law enforcement agency seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

Contents

Each application submitted pursuant to paragraph (1) shall—

Eligible law enforcement agency

The term eligible law enforcement agency means a tribal, State, or local law enforcement agency located in a county that—

High impact area

The term High Impact Area means any county designated by the Secretary as such, taking into consideration—

In general

There are authorized to be appropriated $250,000,000 for each of that fiscal years 2008 through 2012 to carry out the provisions of this section.

Division of authorized funds

Of the amounts appropriated pursuant to paragraph (1)—

the interoperability of databases utilized to prevent human smuggling;

adequate and effective personnel training;

methods and programs to effectively target networks that engage in such smuggling;

effective utilization of—

joint measures, with the Secretary of State, to enhance intelligence sharing and cooperation with foreign governments whose citizens are preyed on by human smugglers; and

other measures that the Secretary considers appropriate to combating human smuggling.

Requirement to construct or acquire

Subject to available appropriations, the Secretary shall construct or acquire additional detention facilities in the United States to accommodate the detention beds required under section 5204(a) of the Intelligence Reform and Terrorism Protection Act of 2004 (Public Law 108–458; 118 Stat. 3734).

Use of alternate detention facilities

Subject to the availability of appropriations, the Secretary shall fully utilize all possible options to cost effectively increase available detention capacities, and shall utilize detention facilities that are owned and operated by the Federal Government if the use of such facilities is cost effective.

Use of installations under base closure laws

In acquiring additional detention facilities under this subsection, the Secretary 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 (10 U.S.C. 2687 note) for use in accordance with subsection (a).

Determination of location

The location of any detention facility constructed or acquired in accordance with this subsection shall be determined, with the concurrence of the Secretary, by the senior officer responsible for Detention and Removal Operations in the Department. The detention facilities shall be located so as to enable the officers and employees of the Department to increase to the maximum extent practicable the annual rate and level of removals of illegal aliens from the United States.

Initiative required

From amounts made available to carry out this section, the Attorney General, acting through the Director of the Bureau of Justice Assistance of the Office of Justice Programs, shall carry out a program, to be known as the Northern Border Prosecution Initiative, to provide funds to reimburse eligible northern border entities for costs incurred by those entities for handling case dispositions of criminal cases that are federally initiated but federally declined-referred. This program shall be modeled after the Southwestern Border Prosecution Initiative and shall serve as a partner program to that initiative to reimburse local jurisdictions for processing Federal cases.

Provision and allocation of funds

Funds provided under the program shall be provided in the form of direct reimbursements and shall be allocated in a manner consistent with the manner under which funds are allocated under the Southwestern Border Prosecution Initiative.

Use of funds

Funds provided to an eligible northern border entity may be used by the entity for any lawful purpose, including—

Definitions

In this section:

$28,000,000 for fiscal year 2008; and

such sums as may be necessary for each succeeding fiscal year.

Trial attorneys

In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations for such purpose, shall increase the number of positions for attorneys in the Office of General Counsel of the Department who represent the Department in immigration matters in removal proceedings before immigration judges and in Federal district courts or circuit courts of appeals as Special Assistant United States Attorneys by not fewer than 100 compared to the number of such positions for which funds were made available during the preceding fiscal year.

Attorney advisors

In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations for such purpose, shall increase the number of positions for attorneys in the Office of the Chief Counsel of United States Citizenship and Immigration Services who advise and provide litigation support to components of United States Citizenship and Immigration Services, the Office of Immigration Litigation of the Department of Justice, and United States Attorney offices, on litigation involving the adjudication of immigration benefits under the Immigration and Nationality Act (8 U.S.C. 1101 et. seq.) or other matters involving United States Citizenship and Immigration Services, by not less than 100 compared to the number of such positions for which funds were made available during the preceding fiscal year.

USCIS adjudicators

In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations for such purpose, shall increase the number of positions for adjudicators in the United States Citizenship and Immigration Service by not fewer than 100 compared to the number of such positions for which funds were made available during the preceding fiscal year.

Forensics document laboratory personnel

In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations for such purpose, shall increase the number of positions for forensic auditors in the Forensic Document Laboratory of the United States Immigration and Customs Enforcement by not fewer than 25 compared to the number of such positions for which funds were made available during the preceding fiscal year.

Increase in full-time ICE and CIS personnel

In each of the fiscal years 2008 through 2012, the Secretary, subject to the availability of appropriations, shall increase by not fewer than 2,000 the number of positions for full-time active duty intelligence research specialists, agents, officers, and investigators in United States Immigration and Customs Enforcement and the Fraud Detection and National Security Division of United States Citizenship and Immigration Services—

Authorization of appropriations

There are authorized to be appropriated to the Secretary for each of the fiscal years 2008 through 2012 such sums as may be necessary to carry out paragraphs (1) through (5).

Conforming amendment

Section 5203 of the Intelligence Reform and Terrorism Protection Act of 2004 (Public Law 108–458; 118 Stat. 3734) is repealed.

Litigation attorneys

In each of the fiscal years 2008 through 2012, the Attorney General, subject to the availability of appropriations for such purpose, shall increase the number of positions for attorneys in the Office of Immigration Litigation by not fewer than 50 compared to the number of such positions for which funds were made available during the preceding fiscal year.

United states attorneys

In each of the fiscal years 2008 through 2012, the Attorney General, subject to the availability of appropriations for such purpose, shall increase the number of attorneys in the United States Attorneys’ office assigned to litigate and prosecute immigration cases in the Federal courts by not fewer than 100 compared to the number of such positions for which funds were made available during the preceding fiscal year.

Criminal division attorneys

The Attorney General shall increase the number of attorneys in the Criminal Division assigned to prosecute immigration cases in the Federal courts, as appropriate.

Judicial clerks

The Attorney General, subject to the availability of appropriations for such purpose, shall appoint necessary law clerks for immigration judges and Board of Immigration Appeals members of not fewer than 1 per judge and member. A law clerk appointed under this section shall be exempt from the provisions of subchapter I of chapter 63 of title 5, United States Code.

Immigration judges

In each of the fiscal years 2008 through 2012, the Attorney General, subject to the availability of appropriations for such purpose, shall—

Staff attorneys

In each of the fiscal years 2008 through 2012, the Attorney General, subject to the availability of appropriations for such purpose, shall—

Authorization of appropriations

There are authorized to be appropriated to the Attorney General for each of the fiscal years 2008 through 2012 such sums as may be necessary to carry out this subsection, including the hiring of necessary support staff.

In general

The President shall appoint, by and with the advice and consent of the Senate—

Temporary judgeships

The President shall appoint, by and with the advice and consent of the Senate—

Vacancies

For each of the judicial districts named in paragraph (2), the first vacancy arising on the district court 10 years or more after a judge is first confirmed to fill the temporary district judgeship created in that district by paragraph (2) shall not be filled.

Existing judgeships

The existing judgeships for the district of Arizona and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107–273, 116 Stat. 1758), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act.

Tables

The table contained in section 133 of title 28, United States Code, is amended to read as follows:

Continued operation

The Director of the Executive Office for Immigration Review shall continue to operate a legal orientation program to provide basic information about immigration court procedures for immigration detainees and shall expand the legal orientation program to provide such information on a nationwide basis.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out the legal orientation program authorized under paragraph (1).

by striking Attorney General each place it appears, except for the first reference in paragraph (4)(B)(i), and inserting Secretary of Homeland Security;

in paragraph (1)—

in paragraph (2)—

in paragraph (3), by amending subparagraph (D) to read as follows:

in paragraph (6), by striking removal period and, if released, and inserting removal period, in the discretion of the Secretary of Homeland Security, without any limitations other than those specified in this section, until the alien is removed. If the alien is released, the alien;

by redesignating paragraph (7) as paragraph (10); and

by inserting after paragraph (6) the following:

In general

Section 235 (8 U.S.C. 1225) is amended by adding at the end the following:

Conforming amendments

Section 236 (8 U.S.C. 1226) is amended—

Amendments made by subsection (a)

The amendments made by subsection (a) shall take effect on the date of the enactment of this Act, and section 241 of the Immigration and Nationality Act, as amended, shall apply to—

Amendments made by subsection (b)

The amendments made by subsection (b) shall take effect on the date of the enactment of this Act, and sections 235 and 236 of the Immigration and Nationality Act, as amended, shall apply to any alien in detention under provisions of such sections on or after the date of the enactment of this Act.

Amendment

Section 236 (8 U.S.C. 1226) is amended—

Effective date

The amendments made by paragraph (1) shall apply to all aliens granted or issued a nonimmigrant visa on or after the date of the enactment of this Act.

by amending subsection (e) to read as follows:

in subsection (g)(3)—

by striking The term aggravated felony means— and inserting Notwithstanding any other provision of law, the term aggravated felony applies to an offense described in this paragraph, whether in violation of Federal or State law, and to such an offense in violation of the law of a foreign country for which the term of imprisonment was completed within the previous 15 years, even if the term of imprisonment for the offense is based on recidivist or other enhancements, and regardless of whether the conviction was entered before, on, or after September 30, 1996, as established by evidence contained in the record of conviction or by evidence extrinsic to the record of conviction (or as a matter of fact), and means—;

in subparagraph (A), by striking murder, rape, or sexual abuse of a minor; and inserting murder, manslaughter, homicide, rape, or an offense of a sexual nature involving a victim under the age of 18 (whether or not the age of the victim is established by evidence contained in the record of conviction or by evidence extrinsic to the record of conviction) or the failure of an individual to register as a sex offender as required under section 2250 of title 18, United States Code;;

by amending subparagraph (F) to read as follows:

in subparagraph (N), by striking paragraph (1)(A) or (2) of;

in subparagraph (O), by striking section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph and inserting section 275 or 276 for which the term of imprisonment is at least 1 year;

in subparagraph (U), by striking an attempt or conspiracy to commit an offense described in this paragraph and inserting attempting or conspiring to commit an offense described in this paragraph, or aiding ,abetting, counseling, procuring, commanding, inducing, or soliciting the commission of such an offense; and

by striking the undesignated matter following subparagraph (U); and

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

in subparagraph (c)(2)(B)—

in subsection (d)—

all aliens required to establish admissibility on or after the date of the enactment of this Act; and

all aliens in removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date of enactment.

Inadmissibility on criminal and related grounds; waivers

Section 212 (8 U.S.C. 1182) is amended—

Construction

The amendment made by paragraph (1) may not be construed to create eligibility for relief from removal under the former section 212(c) of the Immigration and Nationality Act if such eligibility did not exist before the amendment became effective.

in subsection (a)(1)—

in subsection (b), by striking not more than $1,000 or imprisoned for not more than one year, or both and inserting under title 18, United States Code, and imprisoned for not more than 5 years (or for not more than 10 years if the alien is a member of any of the classes described in paragraphs (1)(E), (2), (3), and (4) of section 237(a))..

in paragraph (1)—

by adding at the end the following:

Technological improvement and expansion

The Secretary shall improve the Institutional Removal Program (referred to in this section as the Program) to—

Expansion

The Secretary may extend the scope of the Program to all States.

In general

The Secretary shall reserve $300,000 of the funds appropriated to United States Immigration and Customs Enforcement for the Criminal Alien Program to implement a pilot project to evaluate technology that can—

Minimum requirements

The pilot project implemented under subsection (a) shall involve not fewer than 2 States and shall provide for the daily collection of data from not fewer than 15 jails or prisons.

Report

Not later than July 1, 2008, the Secretary shall submit a report to the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives that describes—

in subsection (a)—

in subsection (b)(2), by striking a period exceeding 60 days and inserting any period longer than 45 days;

by striking subsection (c) through (e) and inserting the following:

in subsection (f), by adding at the end the following: Notwithstanding section 242(a)(2)(D), sections 1361, 1651, and 2241 of title 28, United States Code, any other habeas corpus provision, and any other provision of law (statutory or nonstatutory), no court shall have jurisdiction to affect, reinstate, enjoin, delay, stay, or toll the period allowed for voluntary departure under this section..

In general

Except as provided in paragraph (2), the amendments made by this section shall apply with respect to all orders granting voluntary departure under section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c) made on or after the date that is 180 days after the enactment of this Act.

Exception

The amendment made by subsection (a)(4) shall take effect on the date of the enactment of this Act and shall apply with respect to any petition for review which is filed on or after such date.

in clause (i), by striking seeks admission within 5 years of the date of such removal (or within 20 years and inserting seeks admission not later than 5 years after the date of the alien’s removal (or not later than 20 years after the alien’s removal; and

in clause (ii), by striking seeks admission within 10 years of the date of such alien’s departure or removal (or within 20 years of and inserting seeks admission not later than 10 years after the date of the alien’s departure or removal (or not later than 20 years after.

in subsection (a), by striking Commissioner and inserting Secretary of Homeland Security; and

by adding at the end the following:

In general

Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.

Content

The report required under paragraph (1) shall include—

indigent defense;

criminal prosecution;

autopsies;

translators and interpreters; and

courts costs.

Processing criminal illegal aliens

There are authorized to be appropriated $400,000,000 for each of the fiscal years 2008 through 2013 to carry out subsection (a).

Compensation upon request

Section 241(i)(5) (8 U.S.C. 1231(i)) is amended to read as follows:

law enforcement activities;

health care services;

environmental restoration; and

the preservation of cultural resources.

describes the level of access of Border Patrol agents on tribal lands;

describes the extent to which enforcement of immigration laws may be improved by enhanced access to tribal lands;

contains a strategy for improving such access through cooperation with tribal authorities; and

identifies grants provided by the Department for Indian tribes, either directly or through State or local grants, relating to border security expenses.

in paragraph (2), by adding at the end the following: If such training is entered into by the officers of a State or political subdivision of a State as a result of entering into an agreement under this subsection, the costs incurred by the State or political subdivision as a result of such training, including applicable overtime costs, shall be reimbursed by the Secretary of Homeland Security.; and

in paragraph (4), by adding at the end the following: The cost of any equipment required to be purchased under such written agreement and necessary to perform a function under this subsection shall be reimbursed by the Secretary of Homeland Security..

In general

The Secretary shall make training of State and local law enforcement officers available through as many means as possible, including—

On-line training

The head of the Distributed Learning Program of the Federal Law Enforcement Training Center shall make training available for State and local law enforcement personnel through the Internet through a secure, encrypted distributed learning system that has all its servers based in the United States, is sealable, survivable, and is capable of having a portal in place within 30 days.

Federal personnel training

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

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

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

in subparagraph (A), by amending clause (viii) to read as follows:

in subparagraph (B)(i), by amending subclause (II) to read as follows:

Authorization of appropriations

There are authorized to be appropriated $850,000,000 for fiscal year 2008 and for each subsequent fiscal year for the detention and removal of aliens not lawfully present in the United States under the Immigration and Nationality Act.

Transportation and processing of illegal aliens apprehended by State and local law enforcement

In general

Law enforcement officers of a State or political subdivision of a State may—

Authorization of appropriations

There are authorized to be appropriated $500,000,000 per fiscal year to reimburse the expenses incurred by State, or political subdivisions of a State, in the detention or transportation of criminal aliens to Federal custody.

take effect on the date of the enactment of this Act; and

apply to all revocations made on or after such date.

by inserting after paragraph (1) the following:

in paragraph (8), by striking the period at the end and inserting the following: , regardless whether the crime was classified as an aggravated felony at the time of conviction, provided that, the Secretary of Homeland Security or Attorney General may in the unreviewable discretion of the Secretary or the Attorney General, determine that this paragraph shall not apply in the case of a single aggravated felony conviction (other than murder, manslaughter, rape, or any sex offense when the victim of such sex offense was a minor) for which completion of the term of imprisonment or the sentence (whichever is later) occurred 10 or more years before the date of application; after (as defined in subsection (a)(43)); or;

by moving paragraph (9) before the undesignated matter following paragraph (8); and

in the undesignated matter following paragraph (9)—

In general

Section 316 (8 U.S.C. 1427) is amended by adding at the end the following:

Concurrent naturalization and removal proceedings

Section 318 (8 U.S.C. 1429) is amended by striking ; and no application and all that follows and inserting the following: No application for naturalization shall be considered by the Secretary of Homeland Security or by any court if there is pending against the applicant any removal proceedings or other proceeding to determine the applicant’s inadmissibility or deportability, or to determine whether the applicant’s lawful permanent resident status should be rescinded, regardless of when such proceedings was commenced. The findings of the Attorney General in terminating removal proceedings or in canceling the removal of an alien under this Act shall not be binding in any way upon the Secretary of Homeland Security with respect to the question of whether such person has established his eligibility for naturalization under this title..

Pending denaturalization or removal proceedings

Section 240(b) (8 U.S.C. 1154(b)) is amended by adding at the end the following:

Conditional permanent resident

Sections 216(e) and 216A(e) (8 U.S.C. 1186a(e) and 1186b(e)) are each amended by inserting , if the alien has had the conditional basis removed pursuant to this section before the period at the end of each such subsection.

District court jurisdiction

Section 336(b) (8 U.S.C. 1447(b)) is amended to read as follows:

Conforming amendment

Section 310(c) (8 U.S.C. 1421(c)) is amended—

Effective date

The amendments made by this subsection—

in subparagraph (A)(i), as amended by this title, by inserting after subclause (IV) the following:

by adding at the end the following:

in clause (i), by striking the comma at the end and inserting a semicolon;

in clause (ii), by striking , or at the end and inserting a semicolon;

in clause (iii), by striking the comma at the end and inserting ; or; and

by inserting after clause (iii) the following:

any act that occurred before, or, or after the date of the enactment of this Act;

all aliens who are required to establish admissibility on or after such date; and

all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date.

by inserting or the Secretary of Homeland Security after if the Attorney General; and

by amending clause (v) to read as follows:

by striking inadmissible under and inserting described in; and

by striking deportable under and inserting described in.

by inserting or the Secretary of Homeland Security after Attorney General each place such term appears;

in clause (iii), by striking or at the end;

in clause (iv), by striking the period at the end and inserting ; or;

by inserting after clause (iv) the following:

in the undesignated matter at the end, by striking For purposes of clause (iv), an alien who is described in section 237(a)(4)(B) shall be considered to be an alien with respect to whom there are reasonable grounds for regarding as a danger to the security of the United States..

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

in subparagraph (A), by striking Justice and inserting Homeland Security;

by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively;

by inserting after subparagraph (B) the following:

in subparagraph (D), as redesignated, by striking Service and inserting Department of Homeland Security.

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

in subparagraph (A), by striking Justice and inserting Homeland Security;

by amending subparagraph (C) to read as follows:

in subparagraph (D), by striking Service and inserting Department of Homeland Security.

In general

If a court determines that prospective relief should be ordered against the Government in any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court shall—

Written explanation

The requirements described in subsection (1) shall be—

Expiration of preliminary injunctive relief

Preliminary injunctive relief shall automatically expire on the date that is 90 days after the date on which such relief is entered, unless the court—

Requirements for order denying motion

This subsection shall apply to any order denying the Government’s motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.

In general

A court shall promptly rule on the Government’s motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in any civil action pertaining to the administration or enforcement of the immigration laws of the United States.

Automatic stays

Pending motions

Judicial review

Except as expressly provided under section 242(e) of the Immigration and Nationality Act (8 U.S.C. 1252(e)) and notwithstanding any other provision of law (statutory or nonstatutory), including section 2241 of title 28, United States Code, any other habeas provision, and sections 1361 and 1651 of such title, no court has jurisdiction to grant or continue an order or part of an order granting prospective relief if the order or part of the order interferes with, affects, or impacts any determination pursuant to, or implementation of, section 235(b)(1) of such Act (8 U.S.C. 1225(b)(1)).

Government motion

Upon the Government’s filing of a motion to vacate, modify, dissolve, or otherwise terminate an order granting prospective relief in a civil action identified in subsection (b), the court shall promptly—

Applicability

Paragraphs (1) and (2) shall not apply to the extent that an order granting prospective relief was entered before the date of the enactment of this Act and such prospective relief is necessary to remedy the violation of a right guaranteed by the United States Constitution.

Consent decrees

In any civil action pertaining to the administration or enforcement of the immigration laws of the United States, the court may not enter, approve, or continue a consent decree that does not comply with subsection (b).

Private settlement agreements

Nothing in this section shall preclude parties from entering into a private settlement agreement that does not comply with subsection (b) if the terms of that agreement are not subject to court enforcement other than reinstatement of the civil proceedings that the agreement settled.

Consent decree

The term consent decree—

Good cause

The term good cause does not include discovery or congestion of the court’s calendar.

Government

The term Government means the United States, any Federal department or agency, or any Federal agent or official acting within the scope of official duties.

Permanent relief

The term permanent relief means relief issued in connection with a final decision of a court.

Private settlement agreement

The term private settlement agreement means an agreement entered into among the parties that is not subject to judicial enforcement other than the reinstatement of the civil action that the agreement settled.

Prospective relief

The term prospective relief means temporary, preliminary, or permanent relief other than compensatory monetary damages.

in subsection (a)—

in subsection (b), by striking Attorney General each place such term appears and inserting Secretary of Homeland Security;

in subsection (c), by striking given to such parent and inserting given by such parent’ and

by adding at the end the following:

in section 262(c), by striking Attorney General and inserting Secretary of Homeland Security;

in section 263(a), by striking Attorney General and inserting Secretary of Homeland Security; and

in section 264—

by striking subsection (b) and inserting the following:

in subsection (c), by inserting or a notice of current address before containing statements; and

in subsections (c) and (d), by striking Attorney General each place it appears and inserting Secretary.

In general

Except as provided under paragraph (2),the amendments made by this section shall apply to proceedings initiated on or after the date of the enactment of this Act.

Conforming and technical amendments

The amendments made by paragraphs (1)(A), (1)(B), (2), and (3) of subsection (a) are effective as if enacted on March 1, 2003.

in subparagraph (A), by adding at the end the following: The alien has the burden of proof to establish that the alien’s life or freedom would be threatened in such country, and that race, religion, nationality, membership in a particular social group, or political opinion would be at least 1 central reason for such threat.; and

in subparagraph (C), by striking In determining whether an alien has demonstrated that the alien’s life or freedom would be threatened for a reason described in subparagraph (A) and inserting For purposes of this paragraph.

by inserting (1) before The provisions; and

by adding at the end the following:

any act that occurred before, on, or after the date of the enactment of this Act;

all aliens who are required to establish admissibility on or after such date; and

all removal, deportation, or exclusion proceedings that are filed, pending, or reopened, on or after such date.

to limit the acquisition of information as otherwise provided by law; or

to require a person to disclose information regarding an individual’s immigration status before receiving medical services or seeking law enforcement assistance.

In general

Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

Compliance by dhs contractors with confidentiality safeguards

Section 6103(p) of such Code is amended by adding at the end the following new paragraph:

Conforming amendments

Report on earnings of aliens not authorized to work

Section 290(c) of the Immigration and Nationality Act (8 U.S.C. 1360) is repealed.

Report on fraudulent use of social security account numbers

Section 414(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1360 note) is repealed.

In general

The amendments made by subsection (a) shall apply to disclosures made on or after the date of the enactment of this Act.

Certifications

The first certification under section 6103(p)(9)(D) of the Internal Revenue Code of 1986, as added by subsection (a)(2), shall be made with respect to calendar year 2007.

Repeals

The repeals made by subsection (c) shall take effect on the date of the enactment of this Act.

Issuance

Not later than the first day of the second fiscal year in which amounts are appropriated pursuant to subsection (e), the Commissioner of Social Security shall begin to administer and issue fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.

Interim

Not later than the first day of the seventh fiscal year in which amounts are appropriated pursuant to subsection (e), the Commissioner of Social Security shall issue only fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.

Completion

Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to subsection (e), all social security cards that are not fraud-resistant, tamper-resistant, and wear-resistant shall be invalid for establishing employment authorization for any individual 16 years of age or older.

Exemption

Nothing in this section may be construed to—

shall issue a social security card to an individual at the time of the issuance of a social security account number to such individual, which card shall—

in consultation with the Secretary, shall issue regulations specifying such particular security and identification features, renewal requirements (including updated photographs), and standards for the social security card as necessary to be acceptable for purposes of establishing identity and employment authorization under the immigration laws of the United States; and

may not issue a replacement social security card to any individual unless the Commissioner determines that the purpose for requiring the issuance of the replacement document is legitimate.

Report on the use of identification documents

Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to subsection (e), the Secretary shall submit to Congress a report recommending which documents, if any, among those described in section 274A(c)(1) of the Immigration and Nationality Act, should continue to be used to establish identity and employment authorization in the United States.

Report on implementation

can be used for purposes of verifying identity under section 274A of the Immigration and Nationality Act, as added by section 251 of this Act; and

comply with the State license requirements under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note).

In general

The Secretary is authorized to award grants, subject to the availability of appropriations, to a State to provide assistance to such State agency to meet the deadlines for the issuance of a driver’s license which meets the requirements of section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note).

Duration

Grants may be awarded under this subsection during fiscal years 2008 through 2012.

Competitive basis

The Secretary shall give priority to States whose plan to implement the provisions of the REAL ID Act of 2005 is compatible with the employment verification systems, processes, and implementation schedules set forth in section 274A of the Immigration and Nationality Act, as determined by the Secretary. Minimum standards for compatibility will include the ability of the State to promptly verify the document and provide access to the digital photograph displayed on the document.

Funding options

If the Secretary of Homeland Security determines that compliance with the provisions of the REAL ID Act of 2005 and with the requirements of the employment verification system can best be met by awarding grants or contracts to a State, a group of States, a government agency, or a private entity, the Secretary may utilize Program funds to award such a grant, grants, contract or contracts.

Improving accuracy and availability of records

On an expedited basis, the Secretary shall award grants or contracts for the purpose of improving the accuracy and electronic availability of states’ records of births, deaths, driver’s licenses, and of other records necessary for implementation of the Employment Eligibility Verification System and as otherwise necessary to advance the purposes of this Act.

upgrading and maintaining technology;

obtaining equipment;

hiring additional personnel;

covering operational costs, including overtime; and

acquiring such other resources as are available to assist such grantee.

In general

Each eligible state seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.

Contents

Each application submitted pursuant to paragraph (1) shall—

certifying compliance with the provisions under the REAL ID Act of 2005 and providing implementation plans that are acceptable to the Secretary, including—

agreeing to adhere to the timetables and procedures for issuing driver’s licenses and identification cards that comply with the provisions of the REAL ID Act of 2005, as required under section 274A(c)(1)(F) of the Immigration and Nationality Act; and

agreeing to implement the requirements of this Act and any implementing regulations to the satisfaction of the Secretary of Homeland Security.

In general

Not later than 18 months after the date of the enactment of this Act, the Secretary shall establish and make available to willing employers a voluntary program, to be known as the Voluntary Advanced Verification Program, to allow employers to submit and verify an employee’s fingerprints for purposes of determining the identity and work authorization of the employee.

Voluntary participation

Nothing in this section may be construed to require employers to participate in the Voluntary Advanced Verification Program.

In general

The Secretary may only maintain fingerprint records of any citizen of the United States that were submitted by an employer through the Employment Eligibility Verification System (referred to in this section as EEVS) for 10 business days. At the end of such period, such records shall be purged from any EEVS-related system unless the fingerprints have been ordered to be retained for purposes of a fraud or similar investigation by a government agency with criminal or other investigative authority.

Exception

For purposes of preventing identity theft or other harm, an employee who is a citizen of the United States may submit a written request that the employee's fingerprint records be retained for employee verification purposes by the Secretary. Upon receiving written consent, the Secretary may retain such fingerprint records until the employee notifies the Secretary in writing that such consent has been withdrawn, at which time the Secretary shall purge such fingerprint records within 10 business days unless the fingerprints have been ordered to be retained for purposes of a fraud or similar investigation by a government agency with an independent criminal or other investigative authority.

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary, shall establish a unit within the Criminal Investigation Office of the Internal Revenue Service to investigate violations of the Internal Revenue Code of 1986 related to the employment of individuals who are not authorized to work in the United States.

Special agents; support staff

The Secretary of the Treasury—

Reports

During each of the first 5 calendar years beginning after the date on which the unit was established, and biennially thereafter, the unit shall transmit to Congress a report that describes its activities and includes the number of investigations and cases referred for prosecution.

in subsection (a)(1)—

in subsection (b)—

in subsection (d)—

in subsection (e)—

by amending paragraph (7) to read as follows:

in paragraph (8)—

by inserting after paragraph (8) the following:

in the flush text at the end, by striking five and inserting 10.

in each of the 2 fiscal years beginning on the date of the enactment of this Act, the appropriations necessary to hire not fewer than 2,500 new personnel at the Department of Homeland Security assigned exclusively or principally to an office or offices dedicated to monitoring and enforcing compliance with sections 274A and 274C of the Immigration and Nationality Act (8 U.S.C. 1324a and 1324c), including compliance with the requirements of the Employment Eligibility Verification System, which personnel shall monitor compliance by—

the appropriations necessary to acquire, install, and maintain technological equipment necessary to support the functioning of EEVS and the connectivity between United States Citizenship and Immigration Services and United States Immigration and Customs Enforcement with respect to the sharing of information to support EEVS and related immigration enforcement actions.

Commission of Social security

There are authorized to be appropriated to Commissioner of Social Security such sums as may be necessary to carry out the duties of the Commissioner under this subtitle and the amendments made by this subtitle.

Secretary of Homeland Security

In addition to any other amounts authorized to be appropriated in this Act, there are authorized to be appropriated to the Secretary, in each of the 2 fiscal years beginning after the date of the enactment of this Act, such sums as may be necessary to annually hire not fewer than 2,500 personnel of the Department of Homeland Security, who shall be assigned exclusively or principally to an office or offices dedicated to monitoring and enforcing compliance with sections 274A and 274C of the Immigration and Nationality Act (8 U.S.C. 1324a and 1324c), including compliance with the requirements of EEVS. These personnel shall perform the compliance and monitoring activities described in subparagraphs (A) through (N) of subsection (a)(1).