Title II — H.R. 2124 (Introduced in House)

Sec. 201 Establishment of electronic birth and death registration systems

In consultation with the Secretary of Health and Human Services and the Commissioner of Social Security, the Secretary of Homeland Security shall take the following actions:

(1)

Work with the States to establish a common data set and common data exchange protocol for electronic birth registration systems and death registration systems.

(2)

Coordinate requirements for such systems to align with a national model.

(3)

Ensure that fraud prevention is built into the design of electronic vital registration systems in the collection of vital event data, the issuance of birth certificates, and the exchange of data among government agencies.

(4)

Ensure that electronic systems for issuing birth certificates, in the form of printed abstracts of birth records or digitized images, employ a common format of the certified copy, so that those requiring such documents can quickly confirm their validity.

(5)

Establish uniform field requirements for State birth registries.

(6)

Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of Defense that will result in the sharing of data, with the States and the Social Security Administration, regarding deaths of United States military personnel and the birth and death of their dependents.

(7)

Not later than 1 year after the date of the enactment of this Act, establish a process with the Department of State to improve registration, notification, and the sharing of data with the States and the Social Security Administration, regarding births and deaths of United States citizens abroad.

(8)

Not later than 3 years after the date of establishment of databases provided for under this section, require States to record and retain electronic records of pertinent identification information collected from requestors who are not the registrants.

(9)

Not later than 6 months after the date of the enactment of this Act, submit to Congress a report on whether there is a need for Federal laws to address penalties for fraud and misuse of vital records and whether violations are sufficiently enforced.

Sec. 202 Enhanced penalties for document fraud

Section 1028(b)(3) of title 18, United States Code, is amended—

(1)

in subparagraph (B), by striking “or” at the end;

(2)

by redesignating subparagraph (C) as subparagraph (D); and

(3)

by inserting after subparagraph (B) the following:

“(C) to facilitate illegal immigration or human smuggling; or”

Sec. 203 Alien smuggling and terrorism prevention

(a)

Checks against terrorist watchlist— The Secretary of Homeland Security shall, to the extent practicable, check against all available terrorist watchlists those persons suspected of alien smuggling and smuggled individuals who are interdicted at the land, air, and sea borders of the United States.

(b)

Strengthening prosecution and punishment of alien smugglers— Section 274(a) of the Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended—

(1)

by amending the subsection heading to read as follows: “Bringing In, Harboring, and Smuggling of Unlawful and Terrorist Aliens.—”;

(2)

by amending paragraphs (1) through (2) to read as follows:

“(1)

“(A) Whoever, knowing or in reckless disregard of the fact that an individual is an alien who lacks lawful authority to come to, enter, or reside in the United States, knowingly—

“(i) brings that individual to the United States in any manner whatsoever regardless of any future official action which may be taken with respect to such individual;

“(ii) recruits, encourages, or induces that individual to come to, enter, or reside in the United States;

“(iii) transports or moves that individual in the United States, in furtherance of their unlawful presence; or

“(iv) harbors, conceals, or shields from detection the individual in any place in the United States, including any building or any means of transportation;

“(B) Whoever, knowing that an individual is an alien, brings that individual to the United States in any manner whatsoever at a place, other than a designated port of entry or place designated by the Secretary of Homeland Security, regardless of whether such individual has received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action which may be taken with respect to such individual, or attempts or conspires to do so, shall be punished as provided in subparagraph (C).

“(C) Whoever commits an offense under this paragraph shall, for each individual in respect to whom such a violation occurs—

“(i) if the offense results in the death of any person, be fined under title 18, United States Code, and subject to the penalty of death or imprisonment for any term of years or for life;

“(ii) if the offense involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 of title 18, United States Code, without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under title 18, United States Code, or imprisoned for any term of years or life, or both;

“(iii) if the offense involves an individual who the defendant knew was engaged in or intended to engage in terrorist activity (as defined in section 212(a)(3)(B)), be fined under title 18, United States Code, or imprisoned not more than 30 years, or both;

“(iv) if the offense results in serious bodily injury (as defined in section 1365 of title 18, United States Code) or places in jeopardy the life of any person, be fined under title 18, United States Code, or imprisoned not more than 20 years, or both;

“(v) if the offense is a violation of paragraph (1)(A)(i) and was committed for the purpose of profit, commercial advantage, or private financial gain, or if the offense was committed with the intent or reason to believe that the individual unlawfully brought into the United States will commit an offense against the United States or any State that is punishable by imprisonment for more than 1 year, be fined under title 18, United States Code, and imprisoned, in the case of a first or second violation, not less than 3 nor more than 10 years, and for any other violation, not less than 5 nor more than 15 years;

“(vi) if the offense is a violation of paragraphs (1)(A)(ii), (iii), or (iv), or paragraph (1)(B), and was committed for the purpose of profit, commercial advantage, or private financial gain, be fined under title 18, United States Code, or imprisoned not more than 10 years, or both;

“(vii) if the offense involves the transit of the defendant’s spouse, child, sibling, parent, grandparent, or niece or nephew, and the offense is not described in any of clauses (i) through (vi), be fined under title 18, United States Code, or imprisoned not more than 1 year, or both; and

“(viii) in any other case, be fined under title 18, United States Code, or imprisoned not more than 5 years, or both.

“(2)

“(A) There is extraterritorial jurisdiction over the offenses described in paragraph (1).

“(B) In a prosecution for a violation of, or an attempt or conspiracy to violate, subsection (a)(1)(A)(i), (a)(1)(A)(ii), or (a)(1)(B), that occurs on the high seas, no defense based on necessity can be raised unless the defendant—

“(i) as soon as practicable, reported to the Coast Guard the circumstances of the necessity, and if a rescue is claimed, the name, description, registry number, and location of the vessel engaging in the rescue; and

“(ii) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement set forth in clause (i) is satisfied by notifying the Coast Guard as soon as practicable after delivering the alien to emergency medical or law enforcement personnel ashore.

“(C) It is not a violation of, or an attempt or conspiracy to violate, clause (iii) or (iv) of paragraph (1)(A), or paragraph (1)(A)(ii) (except if a person recruits, encourages, or induces an alien to come to or enter the United States), for a religious denomination having a bona fide nonprofit, religious organization in the United States, or the agents or officer of such denomination or organization, to encourage, invite, call, allow, or enable an alien who is present in the United States to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses, provided the minister or missionary has been a member of the denomination for at least one year.

“(D) For purposes of this paragraph and paragraph (1)—

“(i) the term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States; and

“(ii) the term lawful authority means permission, authorization, or waiver that is expressly provided for in the immigration laws of the United States or the regulations prescribed under those laws and does not include any such authority secured by fraud or otherwise obtained in violation of law or authority that has been sought but not approved.”

(c)

Maritime law enforcement—

(1)

Penalties— Subsection (b) of section 2237 of title 18, United States Code, is amended to read as follows:

“(b) Whoever intentionally violates this section shall—

“(1) if the offense results in death or involves kidnapping, an attempt to kidnap, the conduct required for aggravated sexual abuse (as defined in section 2241 without regard to where it takes place), or an attempt to commit such abuse, or an attempt to kill, be fined under such title or imprisoned for any term of years or life, or both;

“(2) if the offense results in serious bodily injury (as defined in section 1365 of this title) or transportation under inhumane conditions, be fined under this title, imprisoned not more than 15 years, or both;

“(3) if the offense is committed in the course of a violation of section 274 of the Immigration and Nationality Act (alien smuggling); chapter 77 (peonage, slavery, and trafficking in persons), section 111 (shipping), 111A (interference with vessels), 113 (stolen property), or 117 (transportation for illegal sexual activity) of this title; chapter 705 (maritime drug law enforcement) of title 46, or title II of the Act of June 15, 1917 (chapter 30; 40 Stat. 220), be fined under this title or imprisoned for not more than 10 years, or both; and

“(4) in any other case, be fined under this title or imprisoned for not more than 5 years, or both.”

(2)

Limitation on necessity defense— Section 2237(c) of title 18, United States Code, is amended—

(A)

by inserting “(1)” after “(c)”;

(B)

by adding at the end the following:

“(2) In a prosecution for a violation of this section, no defense based on necessity can be raised unless the defendant—

“(A) as soon as practicable upon reaching shore, delivered the person with respect to which the necessity arose to emergency medical or law enforcement personnel;

“(B) as soon as practicable, reported to the Coast Guard the circumstances of the necessity resulting giving rise to the defense; and

“(C) did not bring, attempt to bring, or in any manner intentionally facilitate the entry of any alien, as that term is defined in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), into the land territory of the United States without lawful authority, unless exigent circumstances existed that placed the life of that alien in danger, in which case the reporting requirement of subparagraph (B) is satisfied by notifying the Coast Guard as soon as practicable after delivering that person to emergency medical or law enforcement personnel ashore.”

(3)

Definition— Section 2237(e) of title 18, United States Code, is amended—

(A)

by striking “and” at the end of paragraph (3);

(B)

by striking the period at the end of paragraph (4) and inserting “; and”; and

(C)

by adding at the end the following:

“(5) the term transportation under inhumane conditions means the transportation of persons in an engine compartment, storage compartment, or other confined space, transportation at an excessive speed, transportation of a number of persons in excess of the rated capacity of the means of transportation, or intentionally grounding a vessel in which persons are being transported.”

(d)

Amendment to the sentencing guidelines—

(1)

In general— Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the sentencing guidelines and policy statements applicable to persons convicted of alien smuggling offenses and criminal failure to heave to or obstruction of boarding.

(2)

Considerations— In carrying out this section, the Sentencing Commission, shall—

(A)

consider providing sentencing enhancements or stiffening existing enhancements for those convicted of offenses described in subsection (a) that—

(i)

involve a pattern of continued and flagrant violations;

(ii)

are part of an ongoing commercial organization or enterprise;

(iii)

involve aliens who were transported in groups of ten or more;

(iv)

involve the transportation or abandonment of aliens in a manner that endangered their lives; or

(v)

involve the facilitation of terrorist activity; and

(B)

consider cross-references to the guidelines for Criminal Sexual Abuse and Attempted Murder.

(3)

Expedited procedures— The Commission may promulgate the guidelines or amendments under this section in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that Act had not expired.

Sec. 204 Eligibility for State criminal alien assistance program funding

(a)

In general— The Attorney General shall—

(1)

determine annually which State or local jurisdictions are not in compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (Public Law 104–208) and shall report such determinations to Congress on March 1 of each year; and

(2)

issue a report concerning the compliance of any particular State or local jurisdiction at the request of any Member of Congress.

(b)

Incarceration— Section 241(i) of the Immigration and Nationality Act (8 U.S.C. 1231(i)) is amended by adding at the end the following:

“(7) A State (or a political subdivision of a State) shall not be eligible to enter into a contractual arrangement under paragraph (1) if the State (or political subdivision) has been determined by the Attorney General to be out of compliance with section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act (Public Law 104–208). Such State (or political subdivision) shall remain ineligible until the Attorney General determines that the State (or political subdivision) has come into compliance.”

Sec. 205 ICE immigration enforcement agents

(a)

In general— The Secretary shall authorize all immigration enforcement agents and deportation officers of Immigration and Customs Enforcement who have successfully completed basic immigration law enforcement training to exercise the powers conferred by—

(1)

section 287(a)(5)(A) of the Immigration and Nationality Act to arrest for any offense against the United States;

(2)

section 287(a)(5)(B) of the Immigration and Nationality Act to arrest for any felony;

(3)

section 274(a) of the Immigration and Nationality Act to arrest for bringing in, transporting, or harboring certain aliens, or inducing them to enter;

(4)

section 287(a) of the Immigration and Nationality Act to execute warrants of arrest for administrative immigration violations issued under section 236 of the Act or to execute warrants of criminal arrest issued under the authority of the United States; and

(5)

section 287(a) of the Act to carry firearms, provided that they are individually qualified by training and experience to handle and safely operate the firearms they are permitted to carry, maintain proficiency in the use of such firearms, and adhere to the provisions of the enforcement standard governing the use of force.

(b)

Pay— Immigration enforcement agents shall be paid on the same scale as Immigration and Customs Enforcement deportation officers and shall receive the same benefits.

Sec. 206 ICE detention enforcement officers

(a)

Authorization— The Secretary is authorized to hire 2,500 Immigration and Customs Enforcement detention enforcement officers.

(b)

Duties— Detention enforcement officers who have successfully completed detention enforcement officers’ basic training shall be responsible for—

(1)

taking and maintaining custody of any person who has been arrested by an immigration officer;

(2)

transporting and guarding immigration detainees;

(3)

securing ICE detention facilities; and

(4)

assisting in the processing of detainees.

Sec. 207 Additional ICE deportation officers and support staff

(a)

In general— The Secretary shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time active-duty Immigration and Customs Enforcement deportation officers by 5,000 above the number of full-time positions for which funds were appropriated for fiscal year 2013.

(b)

Support staff— The Secretary shall, subject to the availability of appropriations for such purpose, increase the number of positions for full-time support staff for Immigration and Customs Enforcement deportation officers by 700 above the number of full-time positions for which funds were appropriated for fiscal year 2013.

Sec. 208 Assisting gang and drug task forces

The Secretary shall assign at least one Immigration and Customs Enforcement deportation officer or immigration enforcement agent to serve as a member of any State or local gang or drug task force—

(1)

if the task force requests such assistance in writing to an ICE field office; and

(2)

for as long as the task force remains active and wants such assistance.

Sec. 209 Protecting communities

(a)

Prisons and jails— The Secretary shall assign an Immigration and Customs Enforcement deportation officer or immigration enforcement agent to every Federal, State, and County prison or jail facility.

(b)

Detainers— Immigration and Customs Enforcement deportation officers and immigration enforcement agents assigned to a prison or jail facility are required to place a detainer on every alien they determine is unlawfully present in the United States.

Sec. 210 Protecting public safety and removing criminal aliens

(a)

Notices To appear— Notwithstanding any other provision of law, immigration officers who encounter, under any circumstances, an alien listed in subsection (b) of this section are required to process such aliens and refer them for removal proceedings by issuing a Notice to Appear.

(b)

Aliens covered— Aliens covered by subsection (a) of this section include any alien who is unlawfully present in the United States, whether such alien entered without inspection or violated the terms of admission, and who:

(1)

Has been convicted of any felony;

(2)

Has been convicted of any two or more misdemeanors;

(3)

Has been convicted of a crime involving moral turpitude;

(4)

Has been convicted of any felony or misdemeanor involving the operation of a vehicle while under the influence of alcohol or drugs;

(5)

Has been convicted of any felony or misdemeanor involving domestic violence, sexual assault, or sexual abuse of a child;

(6)

Has a known or suspected gang affiliation;

(7)

Assaults any law enforcement officer; or

(8)

Poses a risk to public safety or national security.

Sec. 211 Pilot program for electronic field processing

(a)

In general— The Secretary shall establish a pilot program in at least five of the 10 Immigration and Customs Enforcement field offices with the largest removal caseloads to allow Immigration and Customs deportation officers and immigration enforcement agents to—

(1)

electronically process and serve charging documents, including Notices to Appear, while in the field; and

(2)

electronically process and place detainers while in the field.

(b)

Duties— The pilot program described in subsection (a) shall be designed to allow deportation officers and immigration enforcement agents to use handheld or vehicle-mounted computers to—

(1)

enter any required data, including personal information about the alien subject and the reason for issuing the document;

(2)

apply the electronic signature of the issuing officer or agent;

(3)

set the date the alien is required to appear before an immigration judge, in the case of Notices to Appear;

(4)

print any documents the alien subject may be required to sign, along with additional copies of documents to be served on the alien; and

(5)

interface with the ENFORCE database so that all data is stored and retrievable.

(c)

Construction— The pilot program described in subsection (a) shall be designed to replace, to the extent possible, the current paperwork and data-entry process used for issuing such charging documents and detainers.

(d)

Deadline— The Secretary shall initiate the pilot program described in subsection (a) within 6 months of the date of enactment of this Act.

(e)

Report— The Government Accountability Office shall report to the Judiciary Committee of the Senate and the House of Representatives no later than 18 months after the date of enactment of this Act on the effectiveness of the pilot program and provide recommendations for improving it.

(f)

Advisory Council— The ICE Advisory Council established by section 217 of this Act shall include an recommendations on how the pilot program should work in the first quarterly report of the Council, and shall include assessments of the program and recommendations for improvement in each subsequent report.

Sec. 212 Restricting visas for countries that refuse to repatriate their nationals

(a)

Penalties related to removal— Section 243 of the Immigration and Nationality Act (8 U.S.C. 1253) is amended by striking subsection (d).

(b)

Countries to which aliens may be removed— Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended by adding at the end the following:

“(4) Discontinuing granting certain visas and denying admission to nationals of country denying or delaying accepting aliens

“(A) Discontinuing granting visas—Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of State may not issue a nonimmigrant visa pursuant to section 101(a)(15) to a citizen, subject, national, or resident of such country until—

“(i) the Secretary of Homeland Security notifies the Secretary of State that the country should no longer be so listed; or

“(ii) each alien listed in the report with respect to such country has otherwise been removed from the United States.

“(B) Denying admission to nationals and foreign government officials—Except as provided under subparagraph (C), if a country is listed in the most recent quarterly report submitted by the Secretary of Homeland Security to the Congress under subparagraph (E), the Secretary of Homeland Security, in consultation with the Secretary of State, shall deny admission to any citizen, subject, national, or resident of that country who has received a nonimmigrant visa pursuant to section 101(a)(15).

“(C) Exception—Subparagraphs (A) and (B) do not apply if the Secretary of State determines that the life or freedom of the visa applicant or individual seeking admission would be threatened in the country listed under subparagraph (E).

“(D) Effect of unauthorized issuance—Any visa issued in violation of this paragraph shall be null and void.

“(E) Quarterly reports—Not later than 90 days after the date of the enactment of this Act, and every 3 months thereafter, the Secretary of Homeland Security shall submit a report to the Congress that—

“(i) lists all the countries that deny or unreasonably delay the acceptance of at least 10 percent of the total number of aliens who—

“(I) are physically present in the United States;

“(II) are a citizen, subject, national, or resident of such country; and

“(III) have received a final order of removal; and

“(ii) includes the total number of aliens described under clause (i), organized by—

“(I) name;

“(II) country;

“(III) detention status; and

“(IV) criminal status.

“(F) Compliance with repatriation—If the Secretary of Homeland Security determines that a country listed in the quarterly report under subparagraph (E) has accepted each alien listed with respect to that country under subparagraph (E)(ii), the country shall be removed from the list in the next quarterly report submitted under subparagraph (E) and shall not be subject to the sanctions described in this paragraph, unless subparagraph (E) applies to such country with respect to another alien.

“(G) Denies or unreasonably delays

“(i) In general—Except as provided under clause (ii), in this paragraph, a country denies or unreasonably delays the acceptance of an alien who is a citizen, subject, national, or resident of the country if the country does not accept the alien within the removal period.

“(ii) Alien that may not be removed—For purposes of clause (i), a country does not deny or unreasonably delay the acceptance of an alien who is a citizen, subject, national, or resident of the country if such alien may not be removed pursuant to this section.”

Sec. 213 Additional ICE detention space

(a)

In general— The Secretary of Homeland Security shall make arrangements for the availability of 10,000 additional beds for detaining aliens taken into custody by immigration officials.

(b)

Implementation— Efforts shall be made to—

(1)

contract private facilities whenever possible to promote efficient use and to limit the Federal Government’s maintenance of and liability for additional infrastructure;

(2)

utilize State and local facilities for the provision of additional beds; and

(3)

utilize BRAC facilities or active duty facilities.

(c)

Construction— The Department of Homeland Security shall construct facilities as necessary to meet the remainder of the 10,000 new beds to be provided.

Sec. 214 Additional immigration judgeships and law clerks

(a)

Judgeships— The Attorney General shall create and fill twenty additional Immigration Judgeships within 6 months after the date of enactment of this Act.

(b)

Clerkships— The Attorney General shall also ensure that for every 2 Immigration Judges there shall be no fewer than one law clerk dedicated to assisting Immigration Judges.

Sec. 215 Additional ICE prosecutors

The Secretary shall increase by sixty the number of full-time trial attorneys working for the Immigration and Customs Enforcement Office of the Principal Legal Advisor.

Sec. 216 Ensuring the safety of ICE officers and agents

(a)

Body armor— The Secretary shall ensure that every Immigration and Customs Enforcement deportation officer and immigration enforcement agent on duty is issued high-quality body armor that is appropriate for the climate and risks faced by the agent. Enough body armor must be purchased to cover every agent in the field.

(b)

Weapons— The Secretary shall ensure that Immigration and Customs Enforcement deportation officers and immigration enforcement agents are equipped with weapons that are reliable and effective to protect themselves, their fellow agents, and innocent third parties from the threats posed by armed criminals. Such weapons shall include, at a minimum, standard-issue handguns, M–4 (or equivalent) rifles, and Tasers.

Sec. 217 ICE Advisory Council

(a)

Establishment— An ICE Advisory Council shall be established within 3 months of enactment of this Act.

(b)

Membership— The ICE Advisor Council shall be comprised of seven members.

(1)

Members are to be appointed in the following manner:

(A)

One member shall be appointed by the President;

(B)

One member shall be appointed by the Chairman of the Judiciary Committee of the House of Representatives;

(C)

One member shall be appointed by the Chairman of the Judiciary Committee of the Senate;

(D)

One member shall be appointed by the Local 511, the ICE prosecutor’s union; and

(E)

Three members shall be appointed by the National Immigration and Customs Enforcement Council.

(2)

Members shall serve renewable, 2-year terms.

(3)

Membership shall be voluntary and non-remunerated, except that members will receive reimbursement from ICE for travel and other related expenses.

(4)

Members who are employed by ICE shall be protected from retaliation by their supervisors, managers, and other DHS employees for their participation on the Council.

(c)

Purpose— The purpose of the Council is to advise the Congress and the Director of Immigration and Customs Enforcement on issues including the following:

(1)

The current status of ICE immigration enforcement efforts, including prosecutions and removals, the effectiveness of such efforts, and how enforcement could be improved;

(2)

The effectiveness of cooperative efforts between ICE and other law enforcement agencies, including additional types of enforcement activities that ICE should be engaged in, such as State and local criminal task forces;

(3)

Personnel, equipment, and other resource needs of ICE field personnel;

(4)

Improvements that should be made to ICE’s organizational structure, including whether the position of immigration enforcement agent should be merged into the deportation officer position; and

(5)

The effectiveness of specific enforcement policies and regulations promulgated by ICE Headquarters, and whether other enforcement priorities should be considered.

(d)

Reports— The Council shall provide quarterly reports to the Chairmen and Ranking Members of the Judiciary Committees of the Senate and the House of Representatives and to the Director of Immigration and Customs Enforcement. The Council members shall meet directly with the Chairmen and Ranking Members (or their designated representatives) and with the Director to discuss their reports every 6 months.

Title II — Crime Prevention and Penalties

II Crime Prevention and Penalties