Immigration and Border Control
These are some the border security bills John has voted for.
109th Congress (2005-2006)
John Warner National Defense Authorization Act for FY 2007 (H.R. 5122) Requires a joint report from the Secretaries of Defense and Homeland Security to the defense, homeland security, and appropriations committees assessing the desirability and feasibility of offering incentives to members of the reserves, and former members of the Armed Forces within two years of separation from service, for the purpose of encouraging such members to serve in the Bureau of Customs and Border Protection.
Department of Homeland Security Appropriations Act for 2007 (H.R. 5441) Makes FY2007 appropriations for: (1) the U.S. Visitor and Immigrant Status Indicator Technology (U.S.-VISIT) project; (2) Customs and Border Protection (CBP), including for customs and border protection automated systems, technology modernization, air and marine interdiction, operations, maintenance, procurement, and construction; (3) Immigration and Customs Enforcement (ICE), including for automated systems and construction.
Science, State, Justice, Commerce Appropriations Act of 2006 (H.R. 2862, P.L. 109-108) Makes appropriations for the Department of Justice for FY2006 for: (1) general administration, including for Department information sharing technology, conversion to narrowband communications, administration of pardon and clemency petitions and immigration-related activities.
Violence Against Women and Department of Justice Reauthorization Act of 2005 (H.R. 3402, P.L. 109-162) Reauthorizes appropriations under INA for the state criminal alien assistance program through FY2011. Directs the Inspector General of DOJ to study and report to the House and Senate Judiciary Committees regarding state and local assistance in incarcerating undocumented criminal aliens.
USA PATRIOT Improvement and Reauthorization Act of 2005 (H.R. 3199, P.L. 109-177) Requires the Secretary of Homeland Security to report to the Judiciary Committees semiannually on internal affairs operations at U.S. Citizenship and Immigration Services, including regarding investigations conducted.
Department of Defense Appropriations Act of 2006 (H.R. 2863, P.L. 109-148) Appropriates funds for: (1) customs and border protection; (2) immigration and Customs enforcement.
Gang Deterrence and Community Protection Act of 2005 (H.R. 1279) Directs the Department of Homeland Security's Under Secretary for Border and Transportation Security to provide the Department of Justice's National Crime Information Center (NCIC) with information on all aliens: (1) against whom a final order of removal has been issued; (2) who have signed a voluntary departure agreement; and (3) who have overstayed their visa. Requires such information to be provided to NCIC regardless of whether the alien received notice of a final order of removal, even if the alien has already been removed. Amends the federal judicial code to direct the Attorney General to acquire, collect, classify, and preserve records of immigration law violations, regardless of whether the alien has received notice of the violation, even if the alien has already been removed.
Emergence Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief Act of 2005 (H.R. 1268, P.L. 109-13) Makes emergency supplemental appropriations for: (1) immigration and customs enforcement; (2) the U.S. Coast Guard; (3) customs and border protection; and (4) the Federal Law Enforcement Training Center. Amends Immigration and Nationality Act (INA) provisions concerning asylum to: (1) authorize the Secretary of Homeland Security, in addition to the Attorney General, to grant asylum (retroactive to March 1, 2003); (2) require asylum applicants to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) at least one central reason for their persecution; and (3) provide that an applicant's testimony may be sufficient to sustain this burden of proof only if the trier of fact determines that it is credible, persuasive, and fact-specific. Requires corroborating evidence where requested by the trier of fact unless the applicant does not have the evidence and cannot reasonably obtain it.
John Warner National Defense Authorization Act for FY 2007 (H.R. 5122) Authorizes appropriations for the Department of Homeland Security (DHS) for FY 2006, including for: (1) U.S. Customs and Border Protection (CBP); (2) DHS management and operations; (3) critical infrastructure grants; (4) research and development; (5) border and transportation security; (6) State and local terrorism preparedness; (7) the Immigration and Customs Enforcement Legal Program and for additional immigration adjudicators; and (8) training State and local personnel to carry out certain immigration functions.
National Defense Authorization Act for FY 2006 (H.R. 1815, P.L. 109-63) Directs the Secretary to report to the defense committees on the results of a study regarding the use of DOD aerial reconnaissance equipment in missions in which the Armed Forces support the Department of Homeland Security (DHS) in performing its international border security mission.
Rep. Goode (R-VA) Amendment to H.R. 1815, National Defense Authorization Act for FY 2006 (H.AMDT.206) Amendment authorizes the Secretary of Defense to assign members of the Armed Forces, under certain circumstances and subject to certain conditions, to assist the Bureau of Border Security and U.S. Customs Service of the Department of Homeland Security with preventing the entry of terrorists, drug traffickers, and illegal aliens into the United States.
Rep. Hunter (R-CA) Amendment to H.R. 4437, Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.AMDT.648) Amendment mandates the construction of specific security fencing, including lights and cameras, along the Southwest border for the purposes of gaining operational control of the border; designates fencing in specific sectors; and includes a requirement for the Secretary of Homeland Security to conduct a study on the use of physical barriers along the northern international land and maritime border of the United States.
Rep. Goodlatte (R-VA) Amendment to H.R. 4437, Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.AMDT.650) Amendment eliminates the visa lottery program.
Rep. Stearns (R-FL) Amendment to H.R. 4437, Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.AMDT.654) Amendment prohibits the Department of Homeland Security, the U.S. Attorney General, and all courts from granting any kind of legal immigration status or benefit to an alien until the relevant databases of criminal records and terrorist watch lists have been checked.
Rep. Norwood (R-GA) Amendment to H.R. 4437, Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H,AMDT.658) Amendment reaffirms State and local law enforcement's existing inherent authority to assist in the enforcement of immigration law, provides for training on this issue at no cost to the local agency, increases law enforcement's access to vital information on illegal criminal aliens, and provides increased and additional resources (SCAAP grants, Institutional Removal Program, and a new grant program) to help assist in the enforcement of immigration laws.
Rep. Westmoreland (R-GA) Amendment to H.R. 4437, Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (H.AMDT.664) Amendment sets caps on employer sanctions penalties; provides an exemption from penalties for initial good-faith violations; and provides a safe harbor for contractors whose subcontractors employ illegal aliens.
108th Congress (2003-2004)
Intelligence Reform and Terrorism Prevention Act of 2004 (S. 2845, P.L.108-458) uthorizes the Secretary to carry out a pilot program to test advanced technologies to improve border security between ports of entry (POEs) along the northern border of the United States. Specifies the required features of such program. Requires coordination of such program among United States , State and local, and Canadian law enforcement and border security agencies. Requires the Secretary to submit to the President and appropriate congressional committees a comprehensive plan for the systematic surveillance of the southwest border of the United States by remotely piloted aircraft. Directs the Secretary to increase by not less than 8,000 in each of FY 2006 through 2010 the number of beds available for immigration detention and removal operations of DHS. Requires the Secretary to give priority for the use of these additional beds to the detention of individuals charged with removability or inadmissibility on security and related grounds. Amends the Immigration and Nationality Act to require aliens age 14 through 79 who are applying for nonimmigrant visas to submit to in-person interviews with consular officers unless such interview is waived in specified circumstances.
Consolidated Appropriations Act of 2005 (H.R. 4818, P.L. 108-447) Prohibits the use of funds under this Act for the granting of visas to citizens of countries that deny or unreasonably delay accepting the return of their citizens under the Immigration and Nationality Act.
Department of Homeland Security Appropriations Act of 2005 (H.R. 4567, P.L. 108-334) Makes appropriations for: (1) the Office of the Under Secretary for Border and Transportation Security, including for development of the U.S. Visitor and Immigrant Status Indicator Technology project; (2) customs and border protection, including for enforcement of laws relating to border security, immigration, customs, and agricultural inspections and regulatory activities related to plant and animal imports and for customs and border protection automated systems; (3) immigration and customs laws enforcement, including for Federal air marshals.
Continuing Appropriations Resolution for FY 2005 (H.J.RES.107, P.L. 108-307) Makes funding available for the Federal Motor Carrier Safety Administration to make grants to and enter into contracts with States for personnel costs for implementation of commercial motor carrier safety improvement grants and contracts, commercial driver's license program improvements, border enforcement operations, and new motor carrier entrant requirements.
Ronald W. Reagan National Defense Authorization Act for FY 2005 (H.R. 4200, P.L. 108-375) Directs the Secretary to: (1) review DOD policies, procedures, practices, and penalties relating to employees of defense contractors for purposes of ensuring DOD compliance with a specified executive order which prohibits entering into contracts with contractors not in compliance with the Immigration and Nationality Act.
Rep. Goode (R-VA) Amendment to H.R. 4200 (H.AMDT. 532 , P.L. 108-375) Amendment authorizes the Secretary of Defense to assign members of the Armed Forces, under certain circumstances and subject to certain conditions, to assist the Bureau of Border Security and U.S. Customs Service of the Department of Homeland Security on preventing the entry of terrorists, drug traffickers, and illegal aliens into the United States.
Customs Border Security and Trade Agencies Authorization Act of 2004 (H.R. 4418) Amends the Customs Procedural Reform and Simplification Act of 1978 to reflect the division of the former U.S. Customs Service into the Bureau of Customs and Border Protection (CBP) and the Bureau of Immigration and Customs Enforcement (ICE) upon its incorporation into the Department of Homeland Security (DHS). Authorizes appropriations for CBP and ICE salaries and expenses. Requires funds authorized for customs revenue functions of CBP to be appropriated from the Customs User Fee Account, with the exception of those sums incurred in connection with the processing of fee-exempt merchandise.
Department of Defense Appropriations Act of 2005 (H.R. 4613, P.L. 108-287) Makes temporary worker and trainee numerical limitations under the Immigration and Nationality Act inapplicable to any nonimmigrant alien issued a visa or otherwise provided status who is employed as a fish roe processor, technician, or supervisor.
Commerce, Justice, State Appropriations Act of 2005 (H.R. 4754) Prohibits the use of funds for the granting of visas to citizens of countries that deny or unreasonably delay accepting the return of their citizens under the Immigration and Nationality Act.
National Defense Authorization Act for FY 2004 (H.R. 1588, P.L. 108-136) Amends the Immigration and Nationality Act to reduce from three years to one the required period of U.S. military service before eligibility for naturalization for U.S. citizenship. Prohibits a fee from being charged for the application, or for the issuance of a certificate of citizenship, under such circumstances (allowing no fee other than that portion which is paid to the State). Allows such citizenship to be revoked for separation from military service under other than honorable conditions, up until the time the person has served honorably for an aggregate five-year period.
Trafficking Victims Protection Reauthorization Act of 2003 (H.R. 2620, P.L. 108-193) Amends the Trafficking Victims Protection Act of 2000 (TVPA) to direct the President to establish programs of border interdiction outside the United States by providing grants to foreign nongovernmental organizations (NGOs) that provide for transit shelters operating at key border crossings, and help train survivors of trafficking in persons to educate and train border guards, officials, and other law enforcement officials to: (1) identify traffickers and victims of severe forms of trafficking; (2) treat such victims appropriately; and (3) monitor the implementation of border interdiction programs, including helping in the identification of such victims to stop the cross-border transit of victims.
Consolidated Appropriations Act of 2004 (H.R. 2673, P.L. 109-199) Prohibits the availability of funds under this Act for the purpose of granting immigrant or nonimmigrant visas to citizens, subjects, nationals, or residents of countries that the Secretary of Homeland Security has determined deny or unreasonably delay accepting the return of citizens, subjects, nationals, or residents under the Immigration and Nationality Act (INA). Requires denial of an application for a visa without prejudice under the Immigration and Nationality Act if the application is delayed for a period of more than 60 days from the application date due to administrative processing by any agency in making a determination of inadmissibility under such Act.
Social Security Protection Act of 2003 (H.R. 743, P.L. 108-203) Requires the Social Security Administration to prohibit the payment of Social Security benefits to beneficiaries who are removed from the United States , pursuant to a removal notice from the Attorney General or the Secretary of Homeland Security, for smuggling aliens.
9/11 Recommendations Implementation Act (H.R. 10, P.L. 108-458) Requires all nonimmigrant visa applications to be reviewed and adjudicated by a consular officer. Amends the Enhanced Border Security and Visa Entry Reform Act of 2002 to require consular officer training in document fraud detection. Amends the Federal criminal code to increase penalties for fraud and related activity in connection with identification documents and information. Expands the offense to include documents that are or appear to be issued under the authority of any specified government entity, including foreign governments, or international quasi-governmental organization.
Homeland Security Technical Corrections Act of 2003 (H.R. 1416) Makes technical corrections to the Homeland Security Act of 2002 and conforming amendments to the Immigration and Nationality Act.
Millennium Challenge Account, Peace Corps Expansion, and Foreign Relations Authorization Act of 2003 (H.R. 1950) If the Secretary of State determines that a foreign mission has issued consular identification cards in violation of the requirements of regulations related to the issuance of such cards by foreign missions and such violation potentially threatens the security of the United States or facilitates fraudulent or criminal acts, the Secretary of State shall notify the government of the country represented by the foreign mission that the foreign mission must suspend the issuance of consular identification cards until compliance with applicable regulations is established.
Labor, HHS, Education Appropriations bill for FY 2005 (H.R.5006) Prohibits the expenditure of funds made available under this Act to the Department of Education in contravention of the provision of the Illegal Immigration Reform and Responsibility Act of 1996 which prohibits aliens not lawfully present in the United States from being eligible for any postsecondary education benefit on the basis of their residence within a State or locality, unless any U.S. citizen or national is eligible for such a benefit without regard to State or local residence.
Department of Homeland Security Appropriation Act of 2004 (H.R. 2555, P.L. 108-90) Provides $3.3 billion for the Bureau of Immigration and Customs Enforcement, $495 million (or 18%) more than the 2003 level of funding for more Border Patrol, immigration investigators, and Customs agents.
107th Congress (2001-2002)
Department of Defense Appropriations Act of 2002 (H.R. 3388, P.L. 107-117) Includes $549 million in emergency counter-terrorism funding for INS.
Department of Defense Authorization Act of 2002 (H.R. 2586, P.L. 107-107) Authorizes the Secretary to assign military personnel to assist: (1) the Immigration and Naturalization Service in preventing the entry into the United States of terrorists and drug traffickers; and (2) the U.S. Customs Service in the inspection of cargo, vehicles, and aircraft at U.S. points of entry to prevent the entry of weapons of mass destruction and their components, prohibited narcotics or drugs, or other terrorist or drug trafficking items. Requires: (1) a training program for personnel receiving such assignment; and (2) a civilian law enforcement official from the appropriate Service to accompany any member performing such duties.
Customs Border Security Act of 2002 (H.R. 3129, P.L. 107-210) Specifies funds available to hire approximately 285 additional Customs Service officers to address the needs of the offices and ports along the U.S.-Canada border.
Commerce, Justice, State Appropriations Act of 2002 (H.R. 2500, P.L. 107-77) Provides INS with over $5.6 billion. Also significant for INS, recently enacted provisions of P.L. 107-77 (1) raise and establish inspection fees, (2) provide posthumous citizenship to victims of the September 11th attacks, (3) authorize 90 additional accelerated inspection programs at land border ports, (4) authorize the INS Commissioner to waive the $30,000 overtime cap for INS employees during immigration emergencies.
Uniting and Strengthening America Act (H.R. 2975) Authorizes the Attorney General to waive certain Immigration and Naturalization Service (INS) personnel caps with respect to ensuring security needs on the Northern border. Authorizes appropriations to: (1) triple the number of Border Patrol, Customs Service, and INS personnel (and support facilities) at points of entry and along the Northern border; and (2) INS and Customs for related border monitoring technology and equipment.
USA PATRIOT Act (H.R. 3162, P.L. 107-56) Authorizes the Attorney General to waive certain Immigration and Naturalization Service (INS) personnel caps with respect to ensuring security needs on the Northern border. Authorizes appropriations to: (1) triple the number of Border Patrol, Customs Service, and INS personnel (and support facilities) at points of entry and along the Northern border; and (2) INS and Customs for related border monitoring technology and equipment. Amends the Immigration and Nationality Act to broaden the scope of aliens ineligible for admission or deportable due to terrorist activities to include an alien who: (1) is a representative of a political, social, or similar group whose political endorsement of terrorist acts undermines U.S. antiterrorist efforts.
Financial Anti-Terrorism Act of 2001 (H.R. 3004) Amends the Immigration and Nationality Act to declare inadmissible into the United States : (1) aliens who have engaged in proscribed money laundering activities; and (2) their immediate family members who have benefitted from such illicit activities. Grants the Attorney General authority to waive the mandatory exclusion of such family members in exceptional circumstances.
Child Status Protection Act (H.R.1209, P.L. 107-208) Amends the Immigration and Nationality Act to provide that the determination of whether an unmarried alien son or daughter of a U.S. citizen is considered an "immediate relative child" (under 21 years old) shall be made at the time an immigration visa petition is filed for such classification on his or her behalf. (Under existing law unmarried children may apply for immigrant status as immediate relatives without numerical limitation).
Homeland Security Information Sharing Act (H.R. 5710) Requires visa denial information to be entered into the electronic data system as provided for in the Enhanced Border Security and Visa Entry Reform Act of 2002. Prohibits an alien denied a visa from being issued a subsequent visa unless the reviewing consular officer makes specified findings concerning waiver of ineligibility.
Homeland Security Act of 2002 (H.R. 5005, P.L. 107-296) Establishes in DHS a Bureau of Citizenship and Immigration Services, headed by the Director of the Bureau of Citizenship and Immigration Services, who shall: (1) establish the policies for performing and administering transferred functions; (2) establish national immigration services policies and priorities; and (3) implement a managerial rotation program. Authorizes the Director to implement pilot initiatives to eliminate the backlog of immigration benefit applications. Expresses the sense of Congress that completing the 14-mile border fence project near San Diego , California , mandated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 should be a priority for the Secretary.
21st Century Department of Justice Appropriations Authorization Act (H.R. 2215, P.L. 107-273) Amends the Immigration and Nationality Act with respect to immigration visas for aliens seeking U.S. entry to create businesses to: (1) define "full-time employment" as employment requiring at least 35 hours per week at any time, regardless of who fills the position; and (2) replace the requirement that the alien has established a commercial enterprise with the requirement of having invested in such an enterprise (which may include a limited partnership).
Supplemental Appropriations Act of 2002 (H.R. 4775, P.L. 107-206) Makes supplemental appropriations for the Department of Justice and the Immigration and Naturalization Service (INS).
Barbara Jordan Immigration Reform and Accountability Act of 2002 (H.R. 3231) Abolishes the Immigration and Naturalization Service (INS). Establishes in the Department of Justice the Office of the Associate Attorney General for Immigration Affairs (AAGIA), headed by an Associate Attorney General for Immigration Affairs, who shall be responsible for: (1) supervising the Director of the Bureau of Citizenship and Immigration Services and the Director of the Bureau of Immigration Enforcement; (2) coordinating national immigration policy; and (3) allocating and coordinating such Bureaus' resources through the Office of Shared Services.
Family Sponsor Immigration Act of 2002 (H.R.1892/H.RES.65, P.L. 107-150) Amends the Immigration and Nationality Act to permit the acceptance of a signed affidavit of support (to establish that an alien is not excludable as a public charge) from another eligible family sponsor (including sister-in-law or brother-in-law) of the alien upon the death of the original sponsor-petitioner (after acceptance of the petition but before signing the affidavit of support) if the Attorney General determines for humanitarian reasons that the original sponsor's classification petition should not be revoked.
Enhanced Border Security and Visa Entry Reform Act of 2002 (H.R. 3525, P.L. 107-173) Directs the Attorney General, during each of FY 2003 through 2006, to increase the number of Immigration and Naturalization Service (INS) investigators and inspectors by at least 200 full-time employees over the number authorized by the USA PATRIOT ACT. Authorizes appropriations for INS, Border Patrol, and consular personnel, training, facilities, and security-related technology, effective October1, 2002. Provides for machine-readable visa fees.