Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005

referredUnited States· United States Congress· EN

Introduced

6 December 2005

Last action

27 January 2006 · Introduced

Status

Read twice and referred to the Committee on the Judiciary.

Summary

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 U.S. 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 U.S. presence a crime; (4) increase penalties for improper U.S. 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 U.S. international land and maritime borders; (2) to assess border security vulnerabilities on Department of Interior land directly adjacent to the U.S. 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 U.S. port of entry or along the U.S. 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 U.S. 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 U.S. 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 text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

6 December 2005
Introduced
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Source: IntroReferral
6 December 2005
Introduced
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Source: IntroReferral
6 December 2005
Introduced
Introduced in House
Source: IntroReferral
6 December 2005
Introduced
Introduced in House
Source: IntroReferral
8 December 2005
Vote
Ordered to be Reported (Amended) by the Yeas and Nays: 23 - 15.
Source: Committee
8 December 2005
Committee
Committee Consideration and Mark-up Session Held.
Source: Committee
13 December 2005
Reported
Reported (Amended) by the Committee on Judiciary. H. Rept. 109-345, Part I.
Source: Committee
13 December 2005
Introduced
Referred jointly and sequentially to the House Committee on Education and the Workforce for a period ending not later than Dec. 14, 2005 for consideration of such provisions of the bill and amendment as fall within the jurisdiction of that committee pursuant to clause 1(e), rule X.
Source: IntroReferral
13 December 2005
Discharge
Committee on Homeland Security discharged.
Source: Discharge
13 December 2005
Committee
Committee on Homeland Security discharged.
Source: Committee
13 December 2005
Reported
Reported (Amended) by the Committee on Judiciary. H. Rept. 109-345, Part I.
Source: Committee
14 December 2005
Calendars
Placed on the Union Calendar, Calendar No. 192.
Source: Calendars
14 December 2005
Discharge
Committee on Education and the Workforce discharged.
Source: Discharge
14 December 2005
Committee
Committee on Education and the Workforce discharged.
Source: Committee
15 December 2005
Floor
Committee of the Whole House on the state of the Union rises leaving H.R. 4437 as unfinished business.
Source: Floor
15 December 2005
Floor
The Speaker designated the Honorable Charles F. Bass to act as Chairman of the Committee.
Source: Floor
15 December 2005
Floor
House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 610 and Rule XVIII.
Source: Floor
15 December 2005
Floor
Rule provides for consideration of H.R. 4437 with 2 hours of general debate. Measure will be considered read. Specified amendments are in order.
Source: Floor
15 December 2005
Reported
Considered under the provisions of rule H. Res. 610. (consideration: CR H11800-11858; text of measure as reported in House: CR H11820-11837)
Source: Floor
15 December 2005
Passed
Rule H. Res. 610 passed House.
Source: Floor
15 December 2005
Reported
Rules Committee Resolution H. Res. 610 Reported to House. Rule provides for consideration of H.R. 4437 with 2 hours of general debate. Measure will be considered read. Specified amendments are in order.
Source: Floor
16 December 2005
Floor
The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 4437.
Source: Floor
16 December 2005
Passed
Motion to reconsider laid on the table Agreed to without objection.
Source: Floor
16 December 2005
Vote
On passage Passed by recorded vote: 239 - 182 (Roll no. 661).
Source: Floor
16 December 2005
Vote
Passed/agreed to in House: On passage Passed by recorded vote: 239 - 182 (Roll no. 661).
Source: Floor
16 December 2005
Vote
On motion to recommit with instructions Failed by recorded vote: 198 - 221 (Roll no. 660).
Source: Floor
16 December 2005
Floor
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H12013)
Source: Floor
16 December 2005
Floor
Mr. Reyes moved to recommit with instructions to Homeland Security (Select). (consideration: CR H11995-12013; text: CR H11995-12012)
Source: Floor
16 December 2005
Passed
The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
Source: Floor
16 December 2005
Floor
The previous question was ordered pursuant to the rule. (consideration: CR H11995)
Source: Floor
16 December 2005
Floor
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 4437.
Source: Floor
16 December 2005
Floor
The House resolved into Committee of the Whole House on the state of the Union for further consideration.
Source: Floor
16 December 2005
Floor
Considered as unfinished business. (consideration: CR H11940-11959)
Source: Floor
16 December 2005
Floor
Committee of the Whole House on the state of the Union rises leaving H.R. 4437 as unfinished business.
Source: Floor
16 December 2005
Floor
DEBATE - Pursuant to the provisions of H. Res. 621, the Committee of the Whole proceeded with 10 minutes of debate on the Goodlatte amendment.
Source: Floor
16 December 2005
Passed
Rule H. Res. 621 passed House.
Source: Floor
16 December 2005
Reported
Rules Committee Resolution H. Res. 621 Reported to House. Rule provides for consideration of H.R. 4437. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order.
Source: Floor
17 December 2005
Introduced
Received in the Senate.
Source: IntroReferral
27 January 2006
Introduced
Read twice and referred to the Committee on the Judiciary.
Source: IntroReferral

Votes

No vote records are attached yet.

Versions

Referred in Senate · 27 January 2006 · Official file
Engrossed in House · 16 December 2005 · Official file
Reported in House · 14 December 2005 · Official file
Introduced in House · 6 December 2005 · Official file

Documents

10 official files

Referred in Senate (text)

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Referred in Senate (text)
Referred in Senate · EN · 27 January 2006
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Referred in Senate (PDF)
Referred in Senate · EN · 27 January 2006
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Engrossed in House (text)
Engrossed in House · EN · 16 December 2005
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Engrossed in House (PDF)
Engrossed in House · EN · 16 December 2005
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Passed House amended
summary · EN · 16 December 2005
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Reported in House (text)
Reported in House · EN · 14 December 2005
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Reported in House (PDF)
Reported in House · EN · 14 December 2005
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Introduced in House (text)
Introduced in House · EN · 6 December 2005
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Introduced in House (PDF)
Introduced in House · EN · 6 December 2005
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Introduced in House
summary · EN · 6 December 2005
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Related records

Sources

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Official source: https://www.congress.gov/bill/109th-congress/house-bill/4437
Open data entity: https://api.congress.gov/v3/bill/109/hr/4437
us · 109-hr-4437 · source updated 10 August 2026