SUMMARY AS OF:
12/6/2005--Introduced.
Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 - Directs the Secretary of Homeland Security (DHS) to: (1) take all appropriate actions, including development of a national border strategy, to maintain operational control over the U.S. international land and maritime borders; (2) report on cross-border security agreements with Mexico and Canada; (3) provide for biometric data enhancements; (4) report on the One Face at the Border Initiative; (5) increase port of entry inspection personnel and canine detection teams; (6) report on the airspace security mission's impact on the National Capital Region; (7) reimburse private owners along the border for certain property damage; (8) establish at least one Border Patrol unit for the Virgin Islands; (9) report on Central American gang travel across the U.S.-Mexico border; and (10) deploy radiation portal monitors at US ports of entry to screen inbound cargo for nuclear and radiological material.
Amends the Immigration and Nationality Act (INA) with respect to alien smuggling and illegal entry and presence to: (1) revise the definition of aggravated felony; (2) provide mandatory minimum sentences on smuggling convictions, and expand seizure and forfeiture authority; (3) make illegal US presence a crime; (4) increases penalties for improper US entry and for marriage and immigration-related entrepreneurship fraud; (5) provide mandatory minimum sentences for aliens convicted of reentry after removal; (6) impose on smugglers the same sentences that the aliens they have smuggled would receive; (7) include among smuggling crimes the carrying or use of a firearm during such activity; and (8) revise voluntary departure provisions.
Directs the Secretary: (1) and the Secretary of Defense to develop a plan to increase the availability of Department of Defense (DOD) surveillance equipment along the US international land and maritime borders; (2) to assess border security vulnerabilities on Department of Interior land directly adjacent to the US border; (3) conduct a training exercise on border security information sharing; (4) establish a Border Security Advisory Committee; and (5) establish a university-based Center of Excellence for Border Security.
Authorizes the Secretary to permit the use of DHS grants for border security activities.
Expresses the sense of Congress with respect to border security cooperation with sovereign Indian Nations.
Requires the mandatory detention of illegal aliens apprehended at a US port of entry or along the US land or maritime borders. Permits release with notice to appear only if the alien: (1) is not a security risk; and (2) provides a specified bond. Denies admission to the nationals of a country that refuses or delays acceptance of its nationals ordered removed from the United States.
Requires that the Secretary place an alien (other than from Mexico or Canada) who has not been admitted or paroled into expedited removal if apprehended within 100 miles of the border and within 14 days of unauthorized entry.
Directs the Secretary to take specified actions to ensure coordination of DHS border security efforts.
Amends the Homeland Security Act of 2002 to establish in DHS an Office of Air and Marine Operations whose primary mission shall be to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States.
Directs the Secretary to transfer to United States Immigration and Customs Enforcement all functions of the Customs Patrol Officers unit operating on the Tohono O'odham Indian reservation (the "Shadow Wolves" unit). Authorizes the Secretary to establish within United States Immigration and Customs Enforcement additional Customs Patrol units to operate on Indian lands.
Bars an alien: (1) deportable on terrorist grounds from receiving withholding of removal; (2) convicted of an aggravated felony, unlawful procurement of citizenship, or domestic violence, stalking, or child abuse from admissibility; (3) convicted of an aggravated felony from refugee or asylee status adjustment; (4) removable on terrorist grounds from becoming naturalized; and (5) from being naturalized while in removal proceedings.
Revises and enhances detention provisions for certain dangerous aliens subject to removal, including establishment of a detention review process for cooperating aliens.
Increases penalties and sets mandatory minimum sentences for aliens who fail to comply with removal provisions.
Makes an alien deportable for: (1) three or more drunk driving convictions; and (2) social security number and identification fraud.
Authorizes (and reimburses) local sheriffs or sheriff coalitions in specified counties along the southern border to enforce the immigration laws and to transfer illegal aliens to federal custody. Establishes in the Treasury the Designated County Law Enforcement Account.
Makes an alien inadmissible for US entry if: (1) such alien has been deported for criminal street gang participation; or (2) the consular officer or the Secretary knows or has reasonable grounds to believe that such alien is a member of a criminal street gang seeking US entry in furtherance of gang-related crimes or activities, or is a member of a designated criminal street gang. Makes an alien deportable who: (1) is a street gang member convicted of committing or attempting to commit a gang crime; or (2) is determined by the Secretary to be a member of a designated criminal street gang. Authorizes the Attorney General to designate a group or association as a criminal street gang. Requires mandatory detention of alien gang members subject to removal. Makes such aliens ineligible for asylum and protection from removal to certain countries.
Authorizes expedited removal for aliens inadmissible for security or criminal grounds.
Makes sexual abuse of a minor an aggravated felony for immigration purposes.
Directs the Secretary to establish, and sets forth the provisions for, an employment eligibility verification system. Expands the employment eligibility verification system to include: (1) previously hired individuals; and (2) recruitment and referral. Sets forth civil and criminal penalty provisions for noncompliance.
Provides for: (1) voluntary employer verification utilizing such system two years after enactment of this Act for previously hired individuals; (2) mandatory employer verification three years after enactment of this Act by federal, state, and local governments, and the military for employees not verified under such system working at federal, state or local government buildings, military bases, nuclear energy sites, weapons sites, airports, or critical infrastructure sites; and (3) mandatory employer verification six years after enactment of this Act for all employees not previously verified under such system.
Makes employer participation in the basic pilot program mandatory two years after enactment of this Act.
Authorizes the Board of Immigration Appeals to reverse an immigration judge's removal decision without remand.
Eliminates judicial review of visa revocation.
Authorizes reinstatement of a prior removal order against an alien illegally reentering the United States.
Requires an alien applying for withholding of removal to establish that his or her life or freedom would be threatened in the country of return, and that race, religion, nationality, or political or social group would be a central factor in such threat.
Subjects removal appeals to an initial certification of reviewability process by a single court of appeals judge.
Requires all nonimmigrant applicants to waive any right to: (1) review or appeal a determination of inadmissibility at port of entry; or (2) contest, other than through asylum, any action for removal.
This has passed the house and is now in the Senate. It's been read twice but all that means is that it is being passed between committees. Seems to be moving right along. You can have many second readings. Watch for it to be read a third time, that means it's up for a vote.
If number one included a major fence or barrier along the entire southern border, I would be more impressed. A major barrier must be step number one. Without the fence, no other steps will work.