Enhancing Border Security
On December 16, 2005, the House continued its work to secure our borders and enhance national security by passing H.R. 4437, the Border Protection, Antiterrorism, and Illegal Immigration Control Act. The bill strengthens border security by re-authorizing 8,000 new Border Patrol agents and 32,000 new detention beds. H.R. 4437, also incorporates state-of-the-art surveillance technology, including cameras, sensors, and Unmanned Aerial Vehicles along the border. In addition, during debate on the measure, the House adopted an amendment I co-authored to construct border fences at five specific border zones where deaths are common, drug smuggling is rampant and illegal border crossings are numerous.
H.R. 4437 takes significant steps to enforce our immigration laws and reform detention and removal procedures. For example, the measure bars alien terrorists from becoming U.S. citizens and enhances cooperation between local law enforcement officers and federal immigration officials. H.R. 4437 also ends the "catch and release" policy by requiring mandatory detention for all aliens caught attempting to enter the country illegally and use of the expedited removal process for many of those caught.
H.R. 4437 combats the hiring of illegal workers by providing employers with an electronic employment eligibility verification system. This program confirms or denies the work authorization status of prospective employees by verifying the authenticity of Social Security numbers. This provision closely mirrors the goal of legislation I authored, H.R. 98, the Bonner Plan, which would create a counterfeit-proof Social Security card for employer verification purposes and provide additional resources to the Department of Homeland Security to enforce compliance with laws regulating the hiring of illegal aliens. In addition, H.R. 4437 calls for the Social Security Administration to determine how best to implement such a program. The bill now awaits consideration in the Senate.
Enactment of H.R. 4437 will build on the important border security provisions enacted into law last year. On May 5, 2005, the House approved H.R. 418 the Real ID Act, and my legislation, H.R. 100, the Citizens and Legal Immigration (CALI) Act. These bills were included in H.R. 1268, the Emergency War Supplemental bill, which provides vital funding for our troops in Iraq and the war on terrorism. H.R. 1268, the Real ID Act and the CALI Act passed the House, with my support, by a vote of 368 to 58. On May 11, 2005, President Bush signed these bills into law.
The Real ID Act, which I co-authored, completes the California/Mexico border fence, prevents terrorists from exploiting our asylum laws and enacts stronger security standards for the issuance of driver's licenses, including a requirement to provide proof of lawful presence in the U.S. The Real ID Act also includes my bill, the CALI Act, which helps alleviate the growing stress on the federal courts due to the increasing number of cases being filed by criminal aliens. In addition, the Emergency War Supplemental bill provides $176 million to hire 500 new Border Patrol agents and $454 million for Immigration and Customs Enforcement to hire additional immigration enforcement agents and fund operational activities.
I have long supported efforts to fight illegal immigration, including enhanced border policing efforts, enforcement of laws against the hiring of undocumented immigrants, improved technology at the border, and a doubling in the size of the Border Patrol. I oppose blanket amnesties that have the potential to undermine efforts to deter illegal immigration. In fact, I voted against the 1986 Immigration Reform and Control Act because it granted amnesty to millions of illegal immigrants. I also voted for the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which increased border patrol and investigative personnel, raised penalties for alien smuggling and document fraud, reformed exclusion and deportation law and procedures, and improved the verification system for eligibility for employment.
Recently, I voted for H.R. 2360, the fiscal year 2006 Department of Homeland Security Appropriations Act, which allocates $1.8 billion for border security and control, providing for an additional 1,000 Border Patrol Agents. The bill also includes $3.4 billion for Immigration and Customs Enforcement to add 150 more criminal investigators and 200 Immigration Enforcement Agents. When combined with the Emergency Supplemental Appropriations bill, 1,500 new Border Patrol agents and 568 Immigrations and Customs officers will be hired this year.
Over the last few years, the California Republican Delegation secured greater funding for the State Criminal Alien Assistance Program (SCAAP), which provides federal assistance to states and units of local government incurring costs of incarcerating illegal aliens. Since the program was created in 1994, California has received 44 percent ($2.1 billion) of all SCAAP funding. On June 14, 2005, during debate of H.R. 2862, the fiscal year 2006 Science, Departments of State, Justice, and Commerce Appropriations Act, the House adopted my amendment, by a vote of 231 to 195, to provide an additional $50 million for SCAAP, raising the total to $405 million for 2006. This is an increase of over $100 million over 2005 levels. On November 9, 2005, the House approved the Conference Report to H.R. 2862 by a vote of 397 to 19. On November 22, 2005, President Bush signed the bill into law.
I also authored legislation to combat the construction of illegal border tunnels entering our country. Since September 11, 2001, U.S. authorities have discovered 38tunnels crossing international borders into the U.S. These tunnels range in complexity from simple “gopher holes” a few feet long, to massive drug-cartel built mega-tunnels. The use of such tunnels undermines our efforts to protect the border and poses a significant threat to our national security. H.R. 4830, the Border Tunnel Prevention Act, would crack down on those who seek to use these tunnels to illegally enter our country by criminalizing the construction of border tunnels that span our international borders. Specifically, the bill criminalizes the construction or financing of an unauthorized tunnel or subterranean passage across an international border into the U.S. with a term of imprisonment up to 20 years. H.R. 4830 also punishes those who recklessly permit others to construct or use an unauthorized tunnel or subterranean passage on their land with of term imprisonment of up to 10 years. This is necessary to impose a duty of care on the owner, lessor, or renter of a property to watch that it’s not being used for illegal purposes. In addition, the bill mandates that any person who uses such an illegal tunnel to smuggle aliens, weapons, drugs, terrorists, or illegal goods will be punished by doubling the sentence for the underlying offense if convicted. Finally, H.R. 4830 ensures that assets involved in the offense, or any property traceable to the offense, may be subject to forfeiture.On September 21, 2006, the House unanimously approved H.R. 4830 by a vote of 422 to 0. The bill now awaits consideration in the Senate.
Border Tunnel Prevention Act
