Keep Americans Safe Act of 2005 - Affirms state and local authority to investigate, apprehend, arrest, detain, or transfer to federal custody aliens in the United States in the course of carrying out routine duties in order to assist in the enforcement of U.S. immigration laws.
Directs the Under Secretary for Border and Transportation Security of the Department of Homeland Security (DHS) to provide the National Crime Information Center with information on aliens: (1) against whom a final order of removal has been issued; (2) who have signed a voluntary departure agreement; and (3) whose visas have been revoked.
Amends the Immigration and Nationality Act (INA) to direct, upon state or appropriate local request, the Secretary of DHS to: (1) take an illegal alien into federal custody, or request that the relevant state or local law enforcement agency temporarily incarcerate or transport the alien for transfer to federal custody; and (2) designate at least one federal, state, or local prison, or a private contracted prison or detention facility within each state as the central facility for that state to transfer custody of aliens to DHS.
Provides for DHS reimbursement of state and local costs incurred in the incarceration and transportation of illegal aliens.
Amends federal criminal law to provide that: (1) an illegal alien who commits a felony shall be fined and sentenced to not less than five years in prison; (2) if the defendant was previously ordered removed under INA on the grounds of having committed a crime, he or she shall be sentenced to not less than 15 years in prison; and (3) a sentence of imprisonment imposed under this section shall run consecutively to any other sentence of imprisonment imposed for any other crime.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4172 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4172
To provide for enhanced enforcement of the Federal immigration laws,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 28, 2005
Mr. Ney introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for enhanced enforcement of the Federal immigration laws,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Keep Americans Safe Act of 2005''.
SEC. 2. FEDERAL AFFIRMATION OF STATE AND LOCAL ASSISTANCE IN
ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.
(a) In General.--Notwithstanding any other provision of law and
reaffirming the existing inherent authority of States, law enforcement
personnel of a State or a political subdivision of a State have the
inherent authority of a sovereign entity to investigate, apprehend,
arrest, detain, or transfer to Federal custody aliens in the United
States (including the transportation of such aliens across State lines
to detention centers), in the course of carrying out their routine
duties for the purpose of assisting in the enforcement of the
immigration laws of the United States.
(b) Construction.--Nothing in this section shall be construed to
require law enforcement officers of a State or political subdivision of
a State to--
(1) report the identity of victims of, or witnesses to, a
criminal offense to the Secretary of Homeland Security; or
(2) arrest such victims or witnesses for immigration
violations.
SEC. 3. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL CRIME
INFORMATION CENTER (NCIC) DATABASE.
(a) Provision of Information to NCIC.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and continually thereafter, the
Under Secretary for Border and Transportation Security of the
Department of Homeland Security shall provide the National
Crime Information Center of the Department of Justice with such
information as the Under Secretary may have on--
(A) all aliens against whom a final order of
removal has been issued;
(B) all aliens who have signed a voluntary
departure agreement; and
(C) all aliens whose visas have been revoked.
(2) Circumstances.--The information described in paragraph
(1) shall be provided to the National Crime Information Center
regardless of whether--
(A) the alien received notice of a final order of
removal; or
(B) the alien has already been removed.
(b) Inclusion of Information in NCIC Database.--Section 534(a) of
title 28, United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States; and''.
(c) Permission to Depart Voluntarily.--Section 240B(a)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1229c(a)(2)(A)) is amended by
striking ``120'' and inserting ``30''.
SEC. 4. FEDERAL CUSTODY OF ILLEGAL ALIENS APPREHENDED BY STATE OR LOCAL
LAW ENFORCEMENT.
Section 241 of the Immigration and Nationality Act (8 U.S.C. 1231)
is amended by adding at the end the following:
``(j) Custody of Illegal Aliens.--
``(1) In general.--If the chief executive officer of a
State or, if appropriate, a political subdivision of the State,
exercising authority with respect to the apprehension of an
illegal alien submits a request to the Secretary of Homeland
Security that the alien be taken into Federal custody, the
Secretary of Homeland Security--
``(A) shall--
``(i) not later than 48 hours after the
conclusion of the State charging process or
dismissal process, or if no State charging or
dismissal process is required, not later than
48 hours after the illegal alien is
apprehended, take the illegal alien into the
custody of the Federal Government and
incarcerate the alien; or
``(ii) request that the relevant State or
local law enforcement agency temporarily
incarcerate or transport the illegal alien for
transfer to Federal custody; and
``(B) shall designate at least 1 Federal, State, or
local prison or jail, or a private contracted prison or
detention facility, within each State as the central
facility for that State to transfer custody of the
criminal or illegal alien to the Secretary of Homeland
Security.
``(2) Reimbursement.--
``(A) In general.--The Department of Homeland
Security shall reimburse States and political
subdivisions for all reasonable expenses, as determined
by the Secretary of Homeland Security, incurred by a
State or political subdivision in the incarceration and
transportation of an illegal alien as described in
subparagraphs (A) and (B) of paragraph (1).
``(B) Cost computation.--Compensation provided for
costs incurred under subparagraphs (A) and (B) of
paragraph (1) shall be the sum of--
``(i)(I) the average cost of incarceration
of a prisoner per day in the relevant State, as
determined by the chief executive officer of a
State, or, as appropriate, a political
subdivision of the State; multiplied by
``(II) the number of days that the alien
was in the custody of the State or political
subdivision; and
``(ii) the cost of transporting the
criminal or illegal alien--
``(I) from the point of
apprehension to the place of detention;
and
``(II) if the place of detention
and place of custody are different, to
the custody transfer point.
``(3) Authorization of appropriations.--There are
authorized to be appropriated such sums as may be necessary to
carry out paragraph (2).''.
SEC. 5. FELONIES COMMITTED BY ILLEGAL ALIENS.
(a) Offenses.--Title 18, United States Code, is amended by
inserting after chapter 51 the following new chapter:
``CHAPTER 52--ENHANCED PENALTIES FOR FELONIES COMMITTED BY ILLEGAL
ALIENS
``Sec. 1131. Enhanced penalties for felonies committed by illegal
aliens
``Whoever, being an alien who is unlawfully present in the United
States, commits a felony shall be fined under this title and sentenced
to not less than 5 years in prison. If the defendant was previously
ordered removed under the Immigration and Nationality Act on the
grounds of having committed a crime, the defendant shall be sentenced
to not less than 15 years in prison. A sentence of imprisonment imposed
under this section shall run consecutively to any other sentence of
imprisonment imposed for any other crime.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 51 the following new item:
``Chapter 52--Enhanced penalties for felonies committed by illegal
aliens
``1131. Enhanced penalties for felonies committed by illegal aliens.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Immigration, Border Security, and Claims.
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