H.R. 4437- Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 - part 2

COMMITTEE ACTION: REPORTED BY VOICE VOTE on Friday, December 16, 2005. (Legislative Day of Thursday, December 15, 2005).
FLOOR ACTION: ADOPTED BY THE YEAS AND NAYS 216-203 on Friday, December 16, 2006.

MANAGERS: GINGREY/HASTINGS(FL)
109th Congress 
1st Session

H. RES. 621

[Report No. 109-350]

H.R. 4437- Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 - part 2

1. Structured rule.

2. Provides for further consideration of the bill.

3. Provides that no further general debate is in order, and the remaining proceedings under House Resolution 610 shall be considered as subsumed by this resolution.

4. Makes in order only those amendments printed in the Rules Committee report accompanying this resolution.

5. Provides that the amendments printed in the report accompanying this resolution may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.

6. Waives all points of order against amendments printed in the report.

7. Provides one motion to recommit with or without instructions.

 

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RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for further consideration of the bill (H.R. 4437) to amend the Immigration and Nationality Act to strengthen enforcement of the immigration laws, to enhance border security, and for other purposes. No further general debate shall be in order, and remaining proceedings under House Resolution 610 shall be considered as subsumed by this resolution. Notwithstanding clause 11 of rule XVIII, no further amendment to the bill, as amended, shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

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SUMMARY OF AMENDMENTS TO BE MADE IN ORDER UNDER THE RULE

 

Goodlatte/Herseth #37
Eliminates the visa lottery program. (10 minutes)

Filner #45
Makes technical changes to the current statue governing the distribution of fraudulent documents. The statue does not mention "distribution" of illegal documents, which applies to the re-sale or sale of fraudulent documents. By adding distribution to the criminal code those convicted of distributing illegal documents will be held to the same penalties as those who create, alter, or falsify any immigration related document. (10 minutes)

Hayworth #95
Increases the number of employment-based visas available through a reduction in other non-employment-based immigration categories. (10 minutes)

Sensenbrenner/ King (NY) #92
Manager's Amendment. Prohibits localities from requiring businesses to set up day labor sites as a condition for conducting or expanding a business. Requires the Attorney General to report on the status of criminal alien prosecutions, including prosecutions of smugglers. Authorizes ICE's current Forensic Document Laboratory. At the Administration's request: Sets mandatory minimums for repeated marriage fraud. Removes reference to aggravated felonies and substitutes language referring to length of sentence, for sentencing enhancements for aliens who enter illegally after convictions. Clarifies that the Board of Immigration Appeals' decisions on motions to reopen are discretionary decisions that are not subject to judicial review. Updates the law that criminalizes passport and immigration fraud by increasing penalties to facilitate effective enforcement. Also penalizes fraud against aliens applying for immigration benefits. Amends the law that provides for detention of criminal defendants to make the defendants' immigration status an express consideration in determining whether the defendant should be released on bond. Extends the statute of limitations for all immigration-related frauds to ten years. Makes passport fraud a ground of inadmissibility and deportability. Makes technical changes to the long-term detention of dangerous aliens provision in the bill. Clarifies and reaffirm existing limits on federal courts' jurisdiction to review removal orders pertaining to certain criminal aliens as well as discretionary decisions by the Attorney General and Secretary of Homeland Security. Abolishes attorneys' fee awards to removable aliens under the Equal Access to Justice Act. (10 minutes)

Price (GA) #3
Establishes a hard deadline to achieve operational control over the entire international land and maritime borders of the United States. Operational control entails the prevention of all unlawful entries into the United States.(10 minutes)

Stearns #100
Prohibits Department of Homeland Security, the U.S. Attorney General, and all courts from granting any kind of legal immigration status (i.e. "benefits") to an alien until the relevant databases of criminal records and terrorist watch lists are checked. (10 minutes)

Sensenbrenner #133
At the Administration's request, reduces the maximum sentence for illegal entry and illegal presence to six months. (10 minutes)

Velazquez #74
Requires the U.S. Citizenship and Immigration Services (USCIS) to reduce the immigration application processing backlog to 6 months within a period of 1 year. Authorizes the Director of USCIS to implement innovative pilot initiatives to eliminate the backlog and prevent further backlog from recurring. Encourages initiatives such as increasing or transferring personnel to areas with the greatest backlog, streamlining regulations and paperwork filing processes, upgrading information technology, and increasing the number of immigration service centers. (10 minutes)

Norwood #65
Reaffirms state and local law enforcement's existing inherent authority to assist in the enforcement of immigration law, provide training on this issue at no cost to the local agency, increase law enforcement's access to vital information on illegal criminal aliens, and provide increased and additional resources (SCAAP grants, Institutional Removal Program, and a new grant program) to help assist in the enforcement of immigration laws. (10 minutes)

Tancredo #22
Prohibits the Attorney General from allocating funds under the State Criminal Alien Assistance Program to any state or local government which maintains a "sanctuary policy" in violation of federal law (8 USC 1373). Also requires the Attorney General to report annually to Congress on which state and local governments maintain "sanctuary policies". (10 minutes)

Nadler #104
Strikes section 407, "expedited removal," which grants extraordinary and unprecedented power to low-level immigration officers to remove individuals without review and without a fair hearing. (20 minutes)

Myrick #79
Amends section 606 of the bill to require the removal of an unauthorized alien on the first conviction of drunk driving. Authorizes State and local law enforcement officers to detain and transport unauthorized alien drunk drivers and be reimbursed by the Department of Homeland Security. Information on unauthorized alien drunk drivers shall be reported to the Department of Homeland Security, the National Criminal Information Center and the Drivers License Agreement of the American Association of Motor Vehicle Administrators. (10 minutes)

Shadegg #119
Increases penalties for document fraud and for crimes of violence and drug trafficking offenses committed by illegal aliens. (10 minutes)

Shadegg #120
Adds human trafficking and human smuggling to the list of predicate acts under the federal money laundering statute. (10 minutes)

Westmoreland #129
Sets caps on the monetary penalties set forth in Title VII of the bill for hiring or employing unauthorized aliens of $7,500 for first time offenses, $15,000 for second offenses, and $40,000 for all subsequent offenses; Provides an exemption from penalty for initial good faith violations; and provides a safe harbor for contractors if their subcontractor employees an unauthorized alien (provided the contractor did not know the employee was an unauthorized alien). (10 minutes)

Gonzalez #109
Increases the fines on businesses for knowingly hiring unauthorized aliens to $50,000. Proceeds would be shared with state and local government and are restricted for use to help cover the costs associated with providing services to undocumented immigrants. (10 minutes)

Bradley #31
Requires the Department of Homeland Security to provide a report both one and two years after implementation of the Employment Eligibility Verification System to Congress. Reports would contain information relating to problems reported by businesses during implementation as well as progress made up to the report's date. Report would contain information relating to the most efficient use of the system by small businesses. (10 minutes)

Sullivan #1
Requires all non-citizens who enter or exit the country to be processed through the automated entry-exit control system Congress mandated in 1996. (10 minutes)

Ryun #2
Establishes the Oath of Renunciation and Allegiance as Federal law so that it cannot be changed without an act of Congress. Also requires the Secretary of Homeland Security, in cooperation with the Secretary of State, to notify a foreign embassy of which a new citizen was a citizen or subject that the citizen has: (1) renounced allegiance to that foreign country; and (2) sworn allegiance to the United States. (10 minutes)

Royce #91
States that no immigration benefit may be granted until, at a minimum, an FBI fingerprint check has been submitted and the results show that the alien does not have a criminal or immigration history that would render him or her ineligible for the benefit have been to U.S. Citizenship and Immigration Services (USCIS). (10 minutes)

Gerlach #52
Adds a new section exempting members of the Armed Forces from current naturalization requirements including demonstration of knowledge of the English language, knowledge of government and good moral character, all of which can be implied while serving honorably in the Armed Forces. Allows a member of the Armed Services to apply for citizenship at any time either while in service or after being honorably discharged. (10 minutes)


TEXT OF THE AMENDMENTS

 

1.) Goodlatte/Herseth #37

2.) Filner #45

3.) Hayworth #95

4.) Sensenbrenner/King(NY)

5.)Price (GA) #3

6.) Stearns #100

7.) Sensenbrenner #133

8.) Velazquez #74

9.) Norwood #65

10.) Tancredo #22

11.) Nadler #104

12.) Myrick #79

13.) Shadegg #119

14.) Shadegg #120

15.) Westmoreland #129

16.) Gonzalez #109

17.) Bradley #31

18.) Sullivan #1

19.) Ryun #2

20.) Royce #91

21.) Gerlach #52