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White House Draft Proposal for Border Security

White House Draft Proposal for Border Security

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Published by: Bjustb Loewe on Feb 19, 2013
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REVISED 2/13/13
For Discussion Purposes Only – Do Not Distribute
1
 TITLE I –ENFORCEMENT
12
SEC. 100. FINDINGS
34
SUBTITLE A – INVESTING IN BORDER SECURITY AND INFRASTRUCTURE
56
SEC. 101. TECHNOLOGICAL ASSETS
7
SEC. 102. REIMBURSABLE FEE AGREEMENTS
8
SEC. 103. PORTOF ENTRY INSPECTORS
9
SEC. 104. LAND BORDER CROSSING FEE STUDY
10
SEC. 105. CUSTOM AND BORDER PROTECTION INSPECTION FEE
11
CHANGES
12
SEC. 106. AUTHORITY TO ACCEPT DONATIONS IN SUPPORT OF LAND
13
PORTS OF ENTRY
14
SEC. 107. ENHANCING AND PROMOTING TRAVEL AND PORT
15
MODERNIZATION
16
SEC. 108. BORDER COMMUNITIES LIAISON OFFICE
17
SEC. 109. IMPROVED TRAINING FOR BORDER AND IMMIGRATION
18
OFFICERS
19
SEC. 110. REDUCING ILLEGAL IMMIGRATION AND ALIEN SMUGGLING
20
ON TRIBAL LANDS
21
SEC.111. REPORT ON DEATHS.
22
SEC. 112. AUTHORITIES FOR LAW ENFORCEMENT PARTNERSHIPS
 23
SEC. 113. AUTHORITY OF FOREIGN CUSTOMS OFFICERS CONDUCTING
24
PRECLEARANCE ACTIVITIES IN THE UNITED STATES TO
25
CARRY AND USE FIREARMS AND OTHER WEAPONS AND
26
RESTRAINT DEVICES, NOTWITHSTANDING STATE AND
27
LOCAL FIREARMS LAWS
28
SEC. 114. STATIONING OF LAW ENFORCEMENT OFFICIALS
29
SEC. 115. FEDERAL JURISDICTION OVER PERSONNEL WORKING AS
30
PART OF CROSS-BORDER INITIATIVES.
31
SEC. 116. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS
32
CONTROLS AND DISOBEYANCE OF LAWFUL ORDERS.
3334
SUBTITLE B – BUILDING A FAIR AND FIRM ENFORCEMENT SYSTEM
35
SEC. 117. FEDERAL PREMPTION
36
SEC. 118. REMOVAL OF NONIMMIGRANT OVERSTAYS.
37
SEC. 119. BIOMETRIC SCREENING
38
SEC. 120. SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT
39
REPATRIATION OF THEIR CITIZENS AND NATIONALS.
40
SEC. 121. CUSTODY OPTIONS FOR ALIENS DETERMINED TO HAVE A
41
CREDIBLE FEAR.
42
SEC. 122. AGGRAVATED FELONY.
43
SEC. 123. FINALITY OF CONVICTIONS.
44
 
REVISED 2/13/13
For Discussion Purposes Only – Do Not Distribute
2
SEC. 124. CANCELLATION OF REMOVAL
1
SEC 125. REDUCING STATELESSNESS.
2
SEC. 126. WILLFUL FAILURE TO COMPLY WITH TERMS OF RELEASE
3
UNDER SUPERVISION.
4
SEC. 127. EQUAL ACCESS TO JUSTICE ACT
5
SEC. 128. VISA WAIVER PROGRAM REFORMS
6
SEC. 129. INTERVIEW WAIVERS FOR LOW RISK VISA APPLICANTS.
7
SEC. 130. REFORM OF PASSPORT, VISA, AND IMMIGRATION FRAUD
8
OFFENSES.
9
SEC. 131. INADMISSIBILITY AND DEPORTABILITY FOR PASSPORT AND
10
IMMIGRATION FRAUD OFFENSES.
11
SEC 132. COMBATING SCHEMES TO DEFRAUD ALIENS
12
SEC. 133. STATUTE OF LIMITATIONS FOR VISA FRAUD AND OTHER
13
FALSE STATEMENTS INVOLVOING HUMAN RIGHTS
14
VIOLATIONS
15
SEC. 134. CRIMINAL PENALTY FOR BRINGING HUMAN RIGHTS
16
VIOLATORS INTO THE UNITED STATES.
17
SEC. 135. INCARCERATION OF CRIMINAL ALIENS.
18
SEC. 136. REFORMS TO PROCESSING OF ILLEGAL ALIENS
19
APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT
20
OFFICERS AND DATA COLLECTION.
21
SEC. 137. DATA COLLECTION RELATED REFORMS TO 287(G)
22
AGREEMENTS
2324
SUBTITLE C-FIGHTING TRANSNATIONAL CRIME
2526
SEC. 138. LAUNDERING OF MONETARY INSTRUMENTS
27
SEC. 139. KNOWLEDGE REQUIREMENT IN CONCEALMENT MONEY
28
LAUNDERING
29
SEC 140. ILLEGAL MONEY TRANSMITTING BUSINESSES
30
SEC. 141. BULK CASH SMUGGLING
31
SEC. 142. INCORPORATING INFORMAL VALUE TRANSFER SYSTEMS
32
INTO SECTION 1957
33
SEC. 143. CRIMINAL FORFEITURE.
34
SEC. 144. SUBPOENAS IN MONEY LAUNDERING AND FORFEITURE
35
CASES
 36
SEC. 145. CIVIL FORFEITURE CASES BASED UPON FOREIGN OFFENSES
 37
SEC. 146. UPDATING ADMINISTRATIVE FORFEITURE AUTHORITY
 38
SEC. 147. ALIEN SMUGGLING AND HARBORING
 39
SEC. 148. PROPERTY DETAINED AT THE BORDER
 40
SEC. 149. PERMIT INTERNATIONAL COOPERATION REGARDING
41
WITNESS RELOCATION.
42
SEC. 150. PENALTIES RELATING TO VESSELS AND AIRCRAFT.
43
SEC. 151. TERRITORIAL JURISDICTION OVER CERTAIN ACTIVITIES
44
OCCURRING ON VESSELS AND AIRCRAFT OF THE UNITED
45
STATES
46
 
REVISED 2/13/13
For Discussion Purposes Only – Do Not Distribute
3
SEC. 152. ORGANIZED AND ABUSIVE HUMAN SMUGGLING ACTIVITIES.
1
SEC. 153. UNIFORM STATUTE OF LIMITATIONS FOR CERTAIN
2
IMMIGRATION, PASSPORT, AND NATURALIZATION
3
OFFENSES.
4
SEC. 154. DIRECTIVES TO THE UNITED STATES SENTENCING
5
COMMISSION
67
SUBTITLE D-STRENGTHENING THE IMMIGRATION COURT SYSTEM
89
SEC. 155. IMMIGRATION COURTS PERSONNEL
10
SEC. 156. CLARIFYING IMMIGRATION JUDGE AUTHORITY
11
SEC. 157. DEFINING BOARD OF IMMIGRATION APPEALS
12
SEC. 158. INCREASING ACCESS TO LEGAL SERVICES
13
SEC. 159. TRAINING AND RESOURCE CENTER
14
SEC. 160. SECURE ALTERNATIVES PROGRAM.
15
SEC. 161. OFFICE OF LEGAL ACCESS PROGRAMS
16
SEC. 162. PROVISIONS GOVERNING MENTALLY INCOMPETENT ALIENS
1718
SEC. 100. FINDINGS
1920Congress finds the following:211.
 
Today, our borders are more secure than at any time in history.222.
 
An unprecedented range of personnel, infrastructure, technology, equipment, and23air and marine assets have been deployed along our borders.243.
 
Thousands of technology assets – including mobile surveillance, thermal imaging,25and large- and small-scale non-intrusive inspection equipment, including 12426aircraft and six Unmanned Aircraft Systems – operate along the Southwest border.
 
274.
 
The Department of Homeland Security (DHS) has completed 651 miles of fencing28along the southwest border. This includes 299 miles of vehicle barriers and 35229miles of pedestrian fence.305.
 
The U.S. Border Patrol is better staffed today than at any time in its 88-year history,31and has doubled the number of agents from approximately 10,000 in 2004 to more32than 21,000 today.336.
 
Since 2004, the number of officers along the Southwest border has increased by3494% to nearly 18,500 Border Patrol Agents today. And over 3,800 Border Patrol35Agents man the Northern border, representing a 700 percent increase since 2001.
 
367.
 
U.S. Immigration and Customs Enforcement (ICE) has deployed a quarter of all its37operational personnel to the Southwest border region, has doubled the number of 38

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