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Immigrant Policy Project
Securing America’s Borders Act
Lead Sponsor: Majority Leader Bill Frist (R-TN)
March 22, 2006
Majority Leader Bill Frist introduced the Securing America’s Borders Act on March 16, 2006.
- Title I – Border Enforcement
- Title II – Interior Enforcement
- Title III – Increased Worksite Enforcement and Penalties
- Title IV – Backlog Reduction and Visas for Students and Aliens with Advanced Degrees
- Title V – Immigration Litigation Reduction
- Title VI – Miscellaneous
Title I – Border Enforcement
Authorizes funds for new customs and border patrol officers; investigators for alien smuggling and port of entry inspectors; and technologies to control borders. Requires improved coordination between the Automated Biometric Fingerprint Identification System (IDENT) and the Integrated Automated Fingerprint Identification System (IAFIS) and with US-VISIT and expands use of US-VISIT to all land border ports of entry. Requires that documents issued by DHS be machine-readable, tamper-resistant and incorporate biometric identifiers by 10/26/2007. Authorizes DHS to collect biometric data from any alien or LPR seeking admission, exit, transit through or parole into the U.S.
Title II – Interior Enforcement
Addresses removal and denial of asylum to terrorist aliens. Addresses detention and removal of aliens ordered removed. Increases criminal penalties related to gang violence, removal and alien smuggling. Increases penalties for illegal entry, unlawful presence and illegal reentry. Creates a new crime for trafficking in passports and increases penalties for passport, visa and immigration fraud and renders inadmissible and removable any alien convicted of passport or visa fraud. Addresses voluntary departure and methods to deter aliens ordered removed from remaining in the U.S. unlawfully. Directs Immigration and Customs Enforcement to place information on certain immigration violators into the National Crime Information Center database.
Sec. 210: Authorizes DHS to extend the Institutional Removal Program (IRP) to all states and authorizes States to hold an unauthorized alien for up to 14 days after completion of the alien’s prison sentence.
Sec. 216: Mandates that States have at least 40 immigration enforcement agents.
Sec. 218 – SCAAP: Directs DHS to reimburse States and local government for costs associated with detaining and processing unauthorized aliens. SCAAP is authorized in the amount of $400,000,000 for FY07-12.
Sec. 219: Requires DHS to transport and process unauthorized aliens apprehended by State and local law enforcement.
Sec. 220: Requires DHS to reimburse state and local law enforcement for training under the MOU process.
Sec. 229 – Role of State and Local Law Enforcement: Reaffirms the existing inherent authority of State law enforcement to assist in enforcing immigration laws. Requires DHS to take aliens apprehended by state and local law enforcement into Federal custody. Alternatively, DHS can request that state and local law enforcement detain and/or transport the alien to federal custody. Mandates that state and localities be fully reimbursed for all reasonable expenses related to detention and transportation.
Title III – Increased Worksite Enforcement and Penalties
Sec. 301: Prohibits the hiring, recruiting or referral of an unauthorized aliens, including those hired through contracts or subcontracts. Requires employers to comply with the identification and employment documentation verification requirements of the Electronic Employment Verification System (EEVS).
Sec 301(d): The Electronic Employment Verification System will include the existing Basic Pilot program and provide a toll-free number or other electronic media for employers to verify the validity of Social Security Numbers. It will be developed in coordination with the Social Security Administration. The verification requirement will apply only to new employees. DHS can require immediate participation in EEVS by employers that are part of the critical infrastructure or directly related to national or homeland security needs of the country and verification will apply to new and existing employees. Participation in EEVS by other employers will be required gradually, based on the number of employees.
Sec 301 (f): Establishes criminal penalties for employers that routinely hire unauthorized aliens.
Title IV – Backlog Reduction and Visas for Students and Aliens With Advanced Degrees
Makes adjustments to the number of visas available and distributes visa availability among categories such as family preference, minor children, students, individuals with advanced degrees. Increases the number of employment-based green cards from 140,000 to 290,000. Increases the per-country limits for family-sponsored and employment-based immigrants from 7 percent to 10 percent. Restructures visa availability for unskilled workers. Permanently authorizes the J-1 visa program (for medical professionals working in underserved areas).
Title V – Immigration Litigation Reduction
Consolidates all INA civil and administrative appeals into the U.S. Court of Appeals for the Federal Circuit. Increases the number of immigration personnel including investigators, trial attorneys, and immigration judges.
Title VI – Miscellaneous
Allows for technical and conforming amendments.
Prepared by:
Katherine Gigliotti (Katherine.gigliotti@ncsl.org)
March 22, 2006
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