109th congress mandating local law enforcement enforce immigration

21-Jan-2018 19:40

109th congress mandating local law enforcement enforce immigration-76

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The sponsor of the Bill, Senator Arlen Specter, introduced it on April 7, 2006. Cloture was invoked, which limited debate to a 30-hour period. Neither bill became law because the two Houses were not able to reach an agreement to go to a conference committee.

4437 would have dealt with immigration differently.

Provides that during the period 60 days after enactment of this Act and prior to October 1, 2007, an apprehended alien may be released with notice to appear only if: (1) the Secretary determines that the alien is not a national security risk; and (2) the alien provides a bond of not less than ,000.

Exempts from mandatory detention an alien who is a native or citizen of a Western Hemisphere country with whose government the United States does not have full diplomatic relations (currently, Cuba). Sets forth related fee and technology requirement provisions. Directs the Secretary to expand expedited processing for repeat travelers to all ports of entry at the Canadian and Mexican borders.

Authorizes FY2007-FY2008 appropriations to implement the automated biometric entry and exit data system at all land border ports of entry. 129) Directs the Secretary to: (1) conduct a study on the construction of a physical barrier system along the southern U. international land and maritime border; and (2) report to Congress.

Includes in such study feasibility, cost, environmental, diplomatic, economic, property rights, immigration, and security assessments. 130) Directs the Inspector General of DHS to: (1) review the compliance of each Secure Border Initiative contract above million with applicable cost requirements, performance objectives, program milestones, inclusion of small, minority, and women-owned businesses, and timelines; and (2) report improper conduct to the Secretary or other appropriate DHS official.

States that nothing in such provision shall be construed as limiting: (1) an alien's right to apply for asylum or for relief or deferral of removal based on a fear of persecution; and (2) the Secretary's authority to determine whether an alien claiming asylum shall be detained or released after a finding of a credible fear of persecution. 132) Amends federal criminal law to make it unlawful for a person to elude customs, immigration, or agriculture inspection or fail to stop at the command of a U. enforcement officer or employee at a port of entry or customs or immigration checkpoint. passport laws and valid for the same period as a U. Directs the Secretary and the Secretary of State to enter into a state enrollment demonstration program with at least one state under which: (1) a state may include (but not require) an individual's citizenship status on a driver's license; (2) the Secretary of State shall develop a mechanism to communicate with a participating state to verify the citizenship status of an applicant who voluntarily seeks to have citizenship status included on his or her driver's license; (3) all information collected about the individual shall be managed in the same manner as passport application information with no further distribution of such information; and (4) a complying driver's license shall be sufficient to permit the bearer to enter the United States from Canada or Mexico through at least one designated international border crossing in each participating state. Provides that if the Secretary and the Secretary of State certify that certain Canadian identity documents meet specified security and citizenship standards the Secretary may determine that such documents are sufficient for U. States that the identities of such travelers should be entered into a database of known travelers who have been subjected to in-depth background and watch-list checks to permit border control officers to focus more attention on unknown travelers, potential criminals, and terrorists.

States that a person who commits such an offense shall be: (1) fined; (2) imprisoned for not more than three years, or both; (3) imprisoned for not more than ten years, or both, if he or she attempts to inflict or inflicts bodily injury; (4) imprisoned for any term of years or for life, or both, if death results, and may be sentenced to death; or (5) both fined and imprisoned. Directs the Commissioner of Customs and Border Patrol to conduct and expand trusted traveler programs and pilot programs to facilitate expedited processing of U. citizens returning from pleasure craft trips in Canada, Mexico, the Caribbean, or Bermuda.

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Directs the Attorney General, for each of FY2007-FY2011, to increase by not less than 50 the number of full-time active duty Deputy U. Marshals that investigate immigration-related criminal matters. Directs the Secretary to: (1) increase the number of full-time active duty Border Patrol agents by 2,000 in FY2006, and by 2,4000 for each of FY2007-FY2011; and (2) assign at least 20% of additional personnel for each fiscal year to the northern border. Directs the Secretary and the Secretary of Defense to: (1) develop a plan to increase the use of Department of Defense (DOD) surveillance equipment to prevent illegal immigration along the U. international land borders; and (2) report to Congress. Directs the Secretary to conduct a one-year UAV test surveillance program along the U. States that nothing in this section may be construed as altering the prohibition on posse comitatus use of the Army or Air Force. 103) Directs the Secretary to construct all-weather roads and acquire additional vehicle barriers and facilities necessary to achieve operational border control. 111) Directs the Secretary to: (1) develop a systematic surveillance plan for the U. international land and maritime borders; and (2) report to Congress. 112) Directs the Secretary to: (1) develop a National Strategy for Border Security that describes actions to achieve operational control over all U. Directs the Secretary to provide: (1) border control and anti-human smuggling law enforcement assistance to Guatemala and Belize; and (2) equipment, technical assistance, and vehicles to manage and patrol the borders between Mexico and Guatemala and between Mexico and Belize. S.-Visitor and Immigrant Status Indicator Technology (US-VISIT) system; (2) developing and deploying at such ports of entry the exit component of the US-VISIT system; and (3) making interoperable all DHS immigration screening systems. 125) Directs the Secretary to: (1) provide all Customs and Border Protection officers with travel document fraud identification training, which shall be developed in consultation with the head of the Forensic Document Laboratory of the Bureau of Immigration and Customs Enforcement; and (2) provide all Customs and Border Protection officers with access to the Forensic Document Laboratory. 126) Amends the Enhanced Border Security and Visa Entry Reform Act of 2002 to require that by October 26, 2007, every non-interim document issued by DHS which may be used as evidence of an alien's status as an immigrant, nonimmigrant, parolee, asylee, or refugee shall be machine-readable and tamper-resistant, and shall incorporate a biometric identifier. 127) Amends the Immigration and Nationality Act (INA) to make any nonimmigrant visa in the possession of an alien who has overstayed his or her nonimmigrant visa void.Subjects to forfeiture any property involved in, or traceable to, the construction or financing of such a tunnel or passage. 153) Authorizes the Secretary to award FY2007-FY2011 grants to a tribal, state, or local law enforcement agency located in a county within 100 miles of a U. border with Canada or Mexico, or in a county beyond 100 miles that has been certified by the Secretary as a high impact area (as defined by this Act), to provide assistance in addressing: (1) criminal activity that occurs by virtue of proximity to the border; and (2) the impact of any lack of border security. Allocates two-thirds of such funds for use in the six states with the largest number of undocumented aliens, and one-third of such funds for high impact areas. 154) States that nothing in this subtitle shall be construed to authorize state or local law enforcement of federal immigration enforcement authority. 161) Authorizes the Secretary, if the governor of a border state declares an international border security emergency and requests additional Border Patrol agents, to provide such state with up to 1,000 additional agents.

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