Ø Aggravated Felony Provisions -
The provisions would make aggravated felons (crimes of violence)
inadmissible and would bar refugees and asylees with aggravated felony
convictions from receiving green cards.
Ø Cooperation between Border Sheriffs and Federal Law Enforcement –
Provisions in the bill would authorize and reimburse local sheriffs in
the 29 counties along the southern border to enforce the immigration
laws and transfer illegal aliens to federal custody. It also
specifically reimburses those sheriffs for costs associated with
detaining illegal aliens whom they arrest until they are able to hand
them over to federal authorities. This provision deems aliens in
sheriffs’ custody to be in federal custody once determined to be in an
unlawful status.
Ø Increasing DHS Authority for Long-Term Detention -
The U.S. Supreme Court has limited DHS ability to detain dangerous
aliens with decisions that have forced hundreds of aliens (such as
murderers) to be released into American communities. One alien released
because of these Court decisions later shot a state trooper in the
head. This change would amend the Immigration and Nationality Act (INA)
to allow for continued detention of aliens who pose a threat to
Americans.
Ø Renewing DHS Authority to Use Reinstatement of Removal Process - In Morales-Izquierdo v. Ashcroft,
the Ninth Circuit recently invalidated DHS reinstatement of removal
regulations, which allows DHS to remove an alien previously deported by
simply reinstating the alien’s prior order of removal. The House
Judiciary Committee has been told that this procedure was used in some
90,000 cases last year, and the Ninth Circuit’s decision affects 40% of
removals in the Ninth Circuit. This amendment to the INA would clarify
DHS’s authority to reinstate orders.
Ø Barring Terrorist Aliens from Naturalization - Bars aliens who are potential terrorists or security risks from becoming U.S. citizens.
Ø Deportation for DUI – Would make multiple DUI offenses a deportable offense for all aliens.
Establishing Operational Control of All Borders and Ports
Ø
Recognizing the need to bolster Border Patrol and surveillance
capabilities to establish operational control of our borders and
prevent the unlawful entry of terrorists and potential criminals, the
bill:
o Requires
DHS and the U.S. Department of Defense (DOD) to develop a joint
strategic plan that will provide the Border Patrol with military
support and increased use of DOD surveillance.
o Requires
DHS to conduct comprehensive risk assessments of all ports of entry and
international land and maritime borders to prevent the entry of
terrorists and weapons.
o
Authorizes 1,000 new, full-time port of entry inspectors over the next
four years and the training of 1,500 additional K-9 units over the next
five years.
o
Establishes physical barriers and incorporates widespread,
state-of-the-art surveillance technology, including cameras, sensors,
radar, satellite, and Unmanned Aerial Vehicles (UAVs), in order to
ensure one hundred percent coverage of our borders.
Eliminating the “Catch and Release” Practice
Ø This
year alone, some 115,000 illegal aliens from countries other than
Mexico have been apprehended by the Border Patrol, only to be released
due to a lack of detention space. Realizing that this so-called “catch
and release” practice presents a clear danger to our nation’s homeland
security efforts, the bill:
o Requires
mandatory detention for all illegal immigrants who are apprehended at
U.S. land borders attempting to cross illegally, by Oct. 1, 2006.
o Requires all illegal immigrants apprehended at U.S. borders to remain in custody until removal from the country.
o Requires
that DHS use every available detention bed, in addition to authorizing
new detention space and contracting with state and local jails for
additional space.
o Requires
that, in the interim period before Oct. 1, 2006, illegal immigrants who
are released pending an immigration removal hearing will have to post
bond of at least $5,000.
Effectively Organizing the Border Security Agencies Within DHS
Ø
Recognizing the need to eliminate a number of identified
organizational, operational, and fiscal problems and poor communication
between U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs
and Border Protection (CBP), the two main border security agencies
within DHS, the bill:
o Requires
the Secretary to take immediate action to address the lack of
coordination between ICE and CBP by requiring improved intelligence
sharing and implementing measures to determine the effectiveness of the
Department’s border security efforts.
o Places
Air and Marine Operations (AMO) directly under the authority of the
Secretary, eliminating current bureaucracy and allowing for a more
flexible, coordinated air program capable of providing tracking,
deterrence, rapid response, and investigative support to multiple DHS
agencies.
Promoting International Policies to Deter Illegal Immigration
Ø In
addition to taking action domestically, the bill promotes international
policies to help deter illegal immigration and protect valid claims of
asylum. This includes:
o
Requiring DHS to report to Congress on the progress of cross-border
security agreements signed between Mexico and Canada and the United
States, including the Smart Border Accord and the Security Partnership
for Prosperity.
o
Authorizing the Secretary of Homeland Security to refuse visas to
foreign nationals from countries that deny or delay the repatriation of
their own nationals.
o
Protecting valid claims of asylum and fear of persecution through a
review of the current Border Patrol training protocol, and taking
measures to ensure integrity of the process.
A CBO cost estimate is not available.
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