Illegal aliens enter the United States in two distinct ways: approximately 60 percent cross a border illegally; and the remaining 40 percent overstay a legal visa. While the Border Patrol is responsible for preventing the first method of illegal entry, Immigration and Customs Enforcement (ICE) is responsible for finding and removing visa overstays and individuals not apprehended by the border patrol. This section charts House and Senate bills and joint resolutions in three subcategories: General Interior Enforcement such as increasing the number of ICE officers and programs to address criminal aliens; Workplace Enforcement to remove illegal-alien workers; and State and Local Enforcement to improve cooperation and coordination between ICE and state and local governments. Each subcategory is organized by whether or not the legislation weakens or strengthens enforcement.

HOUSE BILLS

Strengthens Interior Enforcement

H.R.3676 (Improving Methods to Promote Regular Occurrences of the Verification of Employability Status Act of 2009) - would make the E-Verify program permanent, allow employers to verify existing employees after 14 days in the program, allow employers to wait for an individual’s work eligibility verification before hiring them, and would impose sanctions on an employer who knowingly accepts a fraudulent document during the verification process. Rep. Paul Broun (R-Ga.) is the bill’s main sponsor.
Cosponsors

Strengthens Interior Enforcement

H.R.3580 (New IDEA [Illegal Deduction Elimination] Act) - would make wages and benefits paid to illegal aliens nondeductible for federal tax purposes. More specifically, it stipulates a retroactive six year limitation on assessment and collection, giving the IRS an incentive to collect due taxes. Furthermore, New IDEA makes E-Verify a permanent program, gives employers “safe harbor” when using E-Verify to confirm employment eligibility of their workers, and requires the IRS, Social Security Administration, and Department of Homeland Security to share information and work with each other on investigations. Rep. Steve King (R-Iowa) is the bill’s main sponsor.
Cosponsors

Strengthens Interior Enforcement

H.R. 3308, the SAVE (Secure America through Verification and Enforcement) Act - would address the "jobs magnet" by strengthening the Federal government's employment verification program (E-Verify) to close security gaps, address loopholes, and make it mandatory for employers. E-Verify provides employers with an inexpensive, quick, and accurate way to verify employee eligibility. In addition, it would strengthen interior enforcement by increasing the number of ICE (Immigration and Customs Enforcement) agents and empowering local law enforcement to safely detain and remove illegal aliens by enforcing conventional laws. Provisions specifically relating to interior enforcement include: (1) a requirement that Federal agencies, Federal contractors, and employers with more than 250 employees in the U.S. verify the eligibility of new employees within 1 year of enactment. At the same time, employers with between 100 and 250 employees have 2 years to verify eligibility and employers with 30 to 100 employees have 3 years. All employers must verify new and current employees within 4 years of the bill’s enactment; (2) sanctions on an employer for each employee not verified eligible for employment; (3) a "National Birth and Death Registration System" to reduce identification fraud and stolen identities; (4) 1,150 additional Immigrations and Customs Enforcement Agents (ICE); (5) 140 additional Criminal Alien Program (CAP) officers to identify and remove criminal aliens detained in federal, state and local facilities; (6) training at least 250 State and local law enforcement officers on how to perform federal immigration enforcement procedures; (7) hardware capabilities for local law enforcement to access ICE and other apprehension databases; (8) a rewards program to help identify and eliminate the production and sale of fraudulent documents used by individual illegal aliens or overall smuggling operations; (9) 8,000 additional beds for illegal aliens detained by immigration officials; (10) twenty new immigration judgeships within six months; (11) a marketing campaign to notify employers of changes to the employment verification process and guest worker program. Please see S.1505 for the Senate version of this legislation. Rep. Heath Shuler (D-N.C.) is the bill’s main sponsor.
Cosponsors

Strengthens Interior Enforcement

H.R.2892 (Department of Homeland Security Appropriations Act) - would provide funding to the Department of Homeland Security (DHS) for FY2010. Specifically, this legislation includes: $7,576,897,000 for U.S. Customs and Border Protection salaries and expenses; $732,000,000 for border fencing and technology ($150,000,000 of that is off limits unless the DHS submits a secure border plan); $682,133,000 to construct and renovate customs and immigration facilities; $5,311,493,000 for Immigration and Customs Enforcement (ICE) including $5,400,000 to facilitate 287(g) agreements, $11,216,000 for state reimbursement, $1,500,000,000 to identify criminal aliens, $2,549,180,000 to detain and remove criminal aliens, and $6,800,000 for the Visa Security Program; $11,818,000 to construct and renovate ICE facilities; $351,800,000 for USVISIT; $50,000,000 for REAL ID state grants; and $248,000,000 for U.S. Citizenship and Immigration Services including $112,000,000 for E-Verify (basic pilot program). Furthermore, this legislation continues the E-Verify funding agreement between the Commissioner of Social Security and the DHS and would reauthorize E-Verify for two years (until September 30, 2011). Please see S.1298 for the Senate version of this legislation. Rep. David Price (D-N.C.) is the bill’s main sponsor.
No cosponsors
*During the committee process, Rep. Jack Kingston (R-Ga.) and Rep. Ken Calvert (R-Calif.) offered amendments relating to the E-Verify program. The Calvert amendment would have provided permanent reauthorization for E-Verify and the Kingston amendment would have required DHS contractors to use E-Verify. Both amendments failed on party lines by a vote of 36 to 21 for Calvert and 35 to 23 for Kingston on 6/12/2009.

** While many immigration-related amendments were left out of floor debate by the House Rules Committee, four amendments offered by Rep. Gus Bilirakis (R-Fla.), Steve King (R-Iowa), and Jerry Lewis (R-Calif.) were adopted and added to the final House version of the bill. Rep. Steve King’s first amendment prohibiting DHS funds from being used to employ illegal aliens passed by a vote of 349 to 84, while his second amendment to close drug-smuggling look out posts on the border passed by a vote of 240 to 187. The Bilirakis amendment to increase funding for the Visa Security Program passed by a vote of 423 to 6 and the Lewis amendment moving $34 million to U.S. Customs and Border Protection for 200 additional Border Patrol agents passed by a vote of 375 to 55. The underlying bill passed by a vote of 389 to 37 on 6/24/2009.

***This legislation was combined with the Senate version of FY2010 DHS Appropriations (S.1298) during the House/Senate Conference Committee; however, all the immigration amendments passed in the Senate were discarded or modified. The final version of H.R.2892 included a three year reauthorization of the E-Verify program (until September 30, 2012). This legislation passed the House of Representatives by a vote of 307 to 114 on 10/15/2009, passed the Senate by a vote of 79 to 19 on 10/20/2009, and was signed into law 10/28/2009.

Strengthens Interior Enforcement

H.R.2472 (Social Security Number Fraud and Identity theft Prevention Act) - would require the Social Security Administration to share information with the Department of Labor, Department of Justice, or Department of Homeland Security in order to combat identity theft and Social Security fraud. Discrepancies such as a number with two different users, someone using the number of a deceased person, or someone using the number of a person too young to work can be identified and prosecuted by these Departments, making it more difficult for illegal aliens to work and claim benefits in the United States. Please read the official press release. Rep. Mike Coffman (R-Co.) is the bill’s main sponsor.
Cosponsors

Strengthens Interior Enforcement
Strengthens State and Local Enforcement

H.R. 2406 (Clear Law Enforcement for Criminal Alien Removal [CLEAR] Act of 2009/Charlie Norwood CLEAR Act of 2009) - would clarify authority and increase resources for state and local law enforcement, on a voluntary basis, to assist in the enforcement of federal immigration laws. View a summary of the bill, the legal justification, and the bill’s Dear Colleague letter of support. Rep. Marsha Blackburn (R-Tenn.) is the bill’s main sponsor.
Cosponsors

Strengthens Interior Enforcement
Strengthens State and Local Enforcement

H.R.2282 - would reauthorize the State Criminal Alien Assistance Program (SCAAP) and authorize $1 billion to fund the program between 2010 and 2014. SCAAP is the funding source used to reimburse state and local law enforcement for costs associated with the incarceration of illegal aliens. Rep. Peter King (R-N.Y.) is the bill’s main sponsor.
No cosponsors

Strengthens Interior Enforcement
Strengthens Workplace Enforcement

H.R. 2083 (Border Sovereignty and Protection Act) - would require the Secretary of Homeland Security to construct 350 miles of two layer border fencing (separated by an access road) along the U.S. border with Mexico within one year. Fencing prior to April 1, 2009 cannot be used to count towards the mileage requirement. In addition, this legislation: grants authority to DHS to enforce drug offenses, creates a mandatory minimum sentence for firearms smuggling, prevents access to State Criminal Alien Assistance Program (SCAAP) funding for a state or locality that prohibits communication or collecting information about an alien’s citizenship status, strengthens expedited removal aliens not present in the U.S. for at least three years, and would strengthen procedures for removing criminal aliens. Finally, this legislation makes the E-Verify program permanent and mandatory. E-verify would be immediately required for all government contractors and subcontractors and large employers with 250 or more employees. All other employers would be phased into the system within two to four years depending on the size of the company. Rep. Duncan Hunter (R-Calif.) is the bill’s main sponsor.
Cosponsors

Weakens Interior Enforcement

H.R.2028 New Employee Verification Act of 2009 - would extend the E-Verify program for 5 years, phase it out over 3 years, and replace it with a “new” and mandatory system called the Electronic Employment Verification System (EEVS) to verify the status of all (and only) new employees. EEVS would allow employers to access and add information to the Federal National Directory of New Hires, an untested database currently designed to locate individuals, not determine legal status. In addition, this legislation would give employers an option to participate in an alternate program called the Secure Electronic Employment Verification System (SEEVS). SEEVS would collect and use a worker’s biometric data to confirm identification. Furthermore, the New Employee Verification Act would:

• Mandate an EEVS or SEEVS response within 3 days of inquiry and require a disapproved employee be dismissed within 3 business days
• Eliminate the E-Verify Electronic Employment Verification Program
• Limit employment verification to new hires
• Invalidate existing state and local policies requiring employment verification
• Prohibit states and localities from enacting policies that would deter the employment of illegal aliens
• Prevent illegal aliens issued a Social Security card, after the bill’s enactment, from collecting benefits based on work history in the United States if a Social Security Totalization agreement is authorized with their home country
• Reinforce current law that allows Social Security Totalization Agreements to automatically take effect unless Congress votes against it within 60 days
• Suspend Social Security benefits for individuals who have been removed from the United States

Rep. Sam Johnson (R-Texas) is the bill’s main sponsor.
Cosponsors

Strengthens Interior Enforcement

H.R. 1753 (One Strike Act) - would charge a criminal alien who has reentered the United States with an “aggravated felony.” Rep. Ginny Brown-Waite (R-Fla.) is the bill’s main sponsor.
Cosponsors

Strengthens Interior Enforcement
Strengthens Workplace Enforcement

H.R.1668 (Border Control and Contractor Accountability Act of 2009) - would terminate a federal contract and debar or suspend a federal contractor for three years if they knowingly hire an illegal alien or subcontractor who employs illegal aliens. In addition, this legislation would establish a Small Business Administration Liaison within Immigration and Customs Enforcement (ICE) to prevent business loans to illegal aliens. Furthermore, it would allow the Department of Homeland Security (DHS) to enter private contracts for secure border transportation and would prevent DHS contracts from being awarded to companies who do not participate in the E-Verify employment eligibly program. Rep. Ginny Brown-Waite (R-Fla.) is the bill’s main sponsor.
Cosponsors

Strengthens Interior Enforcement
Strengthens State and Local Enforcement

H.R. 1663 (Justice for the Newark College Students Act) - would remove sanctuary protections for certain illegal aliens. Specifically, this legislation would require local and state authorities to verify with the Department of Homeland Security (DHS) whether or not an individual arrested for a felony is lawfully present in the United States. If the individual in question is an illegal alien, the court with jurisdiction over case is required to make a report to DHS for processing. Rep. Charles Dent (R-Pa.) is the bill’s main sponsor.
Cosponsors

Weakens Interior Enforcement

H.R. 1651 (Access to Justice Act) - would delay deportation proceedings for an illegal alien with a removal order. Specifically, it would allow an alien to reopen a removal case if their “counsel or certified representative provided deficient performance,” effectively shutting down the process. Rep. Jim Moran (D-Va.) is the bill’s main sponsor.
Cosponsors

Strengthens Interior Enforcement
Strengthens State and Local Enforcement

H.R.1314 - would require the Department of Justice to distribute State Criminal Alien Assistance (SCAAP) funding within 120 days of application. SCAAP is the funding source used to reimburse state and local law enforcement for costs associated with the incarceration of illegal aliens. Rep. Linda Sánchez (D-Calif.) is the bill’s main sponsor.
Cosponsors

Strengthens Workplace Enforcement
Strengthens State and Local Enforcement

H.R. 1105 (Omnibus Appropriations Act of 2009) - would allocate appropriations and determine federal spending priorities for the remainder of the 2009 Fiscal Year. Notable immigration related provisions include: $400 million for the State Criminal Alien Assistance Program (SCAAP); $67.95 million for the Department of Labor to certify additional foreign workers; $131 million for “neighborhood reinvestment,” including $5 million to assist the Multi-family Rental Housing Program (a funding stream often associated with pro-immigration groups such as La Raza and ACORN); $40 million for the Migration and Refugee Assistance Act; $82.62 million for the migrant and seasonal farm worker program; $633,442,000 for refugee assistance activities, including costs associated with the care and placement of unaccompanied alien children and upholding the Torture Victims Relief Act; extends in-country processing for Vietnamese refugees until 2010; authorizes the Afghan Allies Protection Act of 2009, a 5 year “special immigrant” program limited to 1,500 Afghans per year (unused visas would remain available until used) who worked for the U.S. government (not including spouses and children); prohibits Labor, Health and Human Services, and Education funds from being used to employ “unauthorized” aliens;” limits funding under the American Competitiveness and Workforce Improvement Act for training in occupations and industries that use H-1B visas to hire foreign workers; and would reauthorize E-Verify for six additional months (until September 30, 2009). Rep. David Obey (D-Wis.) is the bill’s main sponsor.
No cosponsors
Passed the House of Representatives by a vote of 245 to 178 on 2/25/2009
The Senate failed to adopt the Sessions’ amendment, which would have reauthorized E-Verify for 5 years, by a vote of 50 to 47 and the underlying bill passed the Senate on a cloture vote of 62 to 35 on 3/10/2009
Signed into law on 3/11/2009

Strengthen Interior Enforcement

Also Strengthen State and Local Enforcement
H.R.1199 (Scott Gardner Act) - would require the Department of Homeland Security (DHS) to share immigration information with the Department of Justice (DOJ) and submit a joint report to Congress about improving federal immigration databases to ensure prompt entry of immigration information. In addition, it would require each state and their local law enforcement agencies to collect and report all immigration and DWI-related information as a prerequisite for receiving State Criminal Alien Assistance Program (SCAAP, a program that provides assistance to states for the incarceration of illegal aliens) funding. DWI-related information would then appear as a flag on the wants/warrants page of the National Crime Information Center (NCIC) database. This legislation would also require DHS to reimburse costs associated with training state and local law enforcement employees on how to work with federal immigration laws [287(g)] and would authorize these agencies to apprehend and detain an alien for a DWI or a similar violation. Furthermore, it would require each state’s motor vehicle administrator to share with DHS all information concerning aliens with records of DWI convictions or refusals to take sobriety tests and would require DHS to submit to Congress a formula for expanding federal detention facilities. Rep. Sue Myrick (R-N.C.) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

Also Strengthen Workplace Enforcement
H.R. 1 (American Recovery and Reinvestment Act of 2009) - would provide supplemental appropriations for FY2009. Specifically, this legislation: includes $150 million to repair and construct border inspection facilities, retains Rep. Jack Kingston’s (R-Ga.) amendment requiring contractors to participate in E-Verify (federal employment verification program) as a prerequisite for receiving supplemental funding, and includes a committee amendment sponsored by Rep. Ken Calvert (R-Calif.) that would extend authorization of the E-Verify program for nearly five years, similar to Rep. Gabrielle Giffords’ (D-Ariz.) H.R.662 (Employee Verification Amendment Act of 2009). Rep. David Obey (D-Wis.) is the bill’s main sponsor.
Cosponsors
Passed the House of Representatives by a vote of 244 to 188 on 1/28/2009

Strengthen Interior Enforcement

H.R.1096 (Electronic Employment Eligibility Verification and Illegal Immigration Control Act of 2009) - would establish a permanent employment eligibility verification system. More specifically, the legislation: stipulates document tracking procedures for identity verification; protects employees by allowing them to contest nonverifications; compensates employees for lost wages resulting from a nonverification error; limits data collection to protect against identity fraud; allows employers to verify current employees within two years of enactment; requires federal, state, and local governments to verify all employees within 3 years of enactment; requires all employers to verify all employees within 6 years of enactment; phases out the current basic pilot program after two years of enactment; increases penalties for hiring illegal aliens; requires verification for subcontractors; and requires secure and machine-readable Social Security cards after nine months of enactment. Rep. Jim Marshall (D-Ga.) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

H.R.994 (Loophole Elimination and Verification Enforcement [LEAVE] Act) - contains multiple provisions designed to help federal authorities enforce our immigration laws including mandatory employment verification, assistance by state and local law enforcement, additional ICE agents, and secure identification measures. More specifically, the LEAVE Act would:

• Prohibit dealings that assist or encourage an illegal alien to cross the border or remain in the United States.
• Uphold identification security by specifying what forms of identification may be accepted by the federal government or financial institutions. Accepted forms of identification include a Social Security card with a photo ID, a REAL ID Act compliant identification card, a passport, or a USCIS photo identification card.
• Require federal agencies to coordinate with states to develop an electronic birth and death registration system, which would reduce the number of stolen identities and help prevent Social Security fraud.
• Mandate new fines and penalties for passport fraud.
• Make E-Verify (Basic Pilot program) permanent.
• Require all employees to be verified with the E-Verify program after four years of enactment.
• Prevent illegal aliens from working in the U.S. Capitol Complex by prohibiting the House of Representatives and the Senate from awarding contracts to any contractor or subcontractor who does not participate in the E-Verify program.
• Close the self-employed subcontractor loophole by withholding funds to a state or local government that does not require all business license applicants to comply with E-Verify. A company can currently hire a subcontractor to provide goods and services, bypassing the E-Verify process.
• Prohibit states from issuing driver’s licenses unless they first verify citizenship or lawful immigration status.
• Require the SSA (Social Security Administration) and IRS (Internal Revenue Service) to share information related to the investigation and enforcement of no-match letters.
• Add an additional 3,000 ICE (Immigration and Customs Enforcement) agents by 2014.
• Affirm the right of state and local authorities to enforce immigration laws in the course of carrying out routine law enforcement activities.
• Require the DHS (Department of Homeland Security) to provide immigration enforcement training for state and local law enforcement officials.
• Reimburse states and localities for costs associated with immigration enforcement by making grants available for equipment, technology, facilities, and other products that directly relate to investigating, apprehending, arresting, detaining, or transporting illegal aliens.
• Make the Institutional Removal Program available to all states, which would expedite the deportation of criminal aliens after incarceration.
• List all immigration violators in the (NCIC) National Crime Information Center Database.
• Expand the State Criminal Alien Assistance Program (SCAAP) to include illegal aliens that have been convicted or charged with a crime.
• Prohibit the DHS and DOJ (Department of Justice) from making funds available to cities that provide sanctuary to illegal aliens.

Click Here for a listing of other major provisions in the LEAVE Act.
Rep. Gary Miller (R-Calif.) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

H.R.662 (Employee Verification Amendment Act of 2009) - would extend the E-Verify (Basic Pilot) program for an additional 5 years (until 2013), mandate a funding agreement between the Social Security Administration and Department of Homeland Security, and authorize two GAO studies regarding nonconfirmations and the overall cost of E-Verify compliance on small businesses. Rep. Gabrielle Giffords (D-Ariz.) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

Also Strengthen Workplace Enforcement
H.R.589 (Securing the Homeland through Agency Reporting Enhancement Act) - would outline "no match" letter procedures for the Commissioner of Social Security. If a Social Security account number filed by an employer does not match the wage records maintained by the Social Security Administration, a written notice would be provided to the employer and the Department of Homeland Security. The "no match" notice would inform the employer about the discrepancy, request further information, and inform them that a copy of the notice was sent to the Department of Homeland Security. Rep. Sue Myrick (R-N.C.) is the bill's main sponsor.
No Cosponsors

Strengthen Interior Enforcement

Also Strengthen Workplace Enforcement
H.R.588 (10K Run for the Border Act) - would increase penalties for employing illegal aliens up to $80,000 for the first offense, up to $200,000 for the second offense, and up to $1,600,000 for the third offense. Furthermore, 80% of the fines collected would be rewarded directly to state and local authorities. Rep. Sue Myrick (R-N.C.) is the bill's main sponsor.
No Cosponsors

Weaken Interior Enforcement

H.R. 182 - would grant discretion to an immigration judge to stop a deportation order for an alien that is the parent of a minor U.S. citizen if the judge determines that the deportation would be "clearly against the best interests of the child." In addition, this discretion cannot be applied if the alien in question is deportable on national security-based grounds or has engaged in "severe" forms of human or sex trafficking. Rep. José Serrano (D-N.Y.) is the bill's main sponsor.
Cosponsors

Strengthen Interior Enforcement

H.R. 150 (Illegal Alien Crime Reporting Act of 2009) - would require federal agencies and states seeking Department of Homeland Security (DHS) funding to submit information about illegal aliens involved in criminal activity. Furthermore, it would require the Federal Bureau of Investigation (FBI) to compile this information and produce an annual publication that provides detailed statistics on illegal alien criminal activity. Rep. Walter Jones (R-N.C.) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

H.R.142 (Enforce Immigration Law Act of 2009) - would utilize federal tax return data by requiring the Departments of Treasury and Homeland Security to notify employers about unauthorized employees. Rep. Elton Gallegly (R-Calif.) is the bill's main sponsor.
No Cosponsors

Strengthen Interior Enforcement

H.R.140 - would withhold a certain percentage of federal highway funding to states that do not comply with federal REAL ID requirements such as providing: the person's full legal name; date of birth; gender; driver's license or identification number; digital photograph; verified address; signature; security features designed to prevent tampering, counterfeiting, or duplication; incorporating machine-readable technology; verifying the person's Social Security account number, and verifying lawful status. Under this proposed legislation, if a state is not compliant by 2010 they lose 2 percent of their highway funding, 4 percent by 2011, 6 percent by 2012, or 8 percent each additional year after 2013. Rep. Elton Gallegly (R-Calif.) is the bill's main sponsor.
Cosponsors

Strengthen Interior Enforcement

Also Strengthen Workplace Enforcement
H.R.138 - would require all federal contractors and subcontractors to participate in the Basic Pilot (E-Verify) program. Specifically, this legislation reinforces Executive Order 12989 signed by President Bush on June 10, 2008. Rep. Elton Gallegly (R-Calif.) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

Also Strengthen Workplace Enforcement
H.R. 137 (Employment Eligibility Verification and anti-Identity Theft Act) - would require the Social Security Administration (SSA) to issue ‘no-match’ letters for an individual who does not match SSA records, establish a secure employment verification system for employers to resolve SSA ‘no-match’ discrepancies, require employers to actively participate in the employment verification system after 20 ‘no-match’ notifications, and would require employers to terminate an employee after a final nonverification notice. Rep. Elton Gallegly (R-Calif.) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

H.R. 128 (Respect for the Law Act of 2009) - provides criminal penalties for aliens who fail to voluntarily depart or renter the United States including fines and/or prison sentences between 1 and 4 years. Rep. Elton Gallegly (R-Calif.) is the bill's main sponsor.
No Cosponsors

Strengthen Interior Enforcement

H.R. 124 (Secure the Capitol Act) - would require contractors and subcontractors working within the Capitol Complex (Capitol building and grounds, House and Senate office buildings, page dorms, child care centers, Library of Congress, power plant, and Capitol police) to participate in the E-Verify (Employment Verification Program). Rep. Elton Gallegly (R-Calif.) is the bill's main sponsor.
Cosponsors

Strengthen Interior Enforcement

Also Strengthen Workplace Enforcement
H.R.98 (Illegal Immigration Enforcement and Social Security Protection Act of 2009) - would establish and apply a mandatory employment eligibility verification system for all new hires, incorporate the previous employment verification pilot program, authorize $10,000,000 in grants each fiscal year to develop new border surveillance technology, increase DHS personnel by 10,000 to carry out the employment eligibility verification system, and would upgrade security features on Social Security cards. Specifically, the new Social Security cards would include: (1) a digitized photograph; (2) an encrypted machine-readable electronic identification strip; and (3) additional anti-tampering, -counterfeiting, and -fraud security features. Rep. David Dreier (R-Calif.) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

H.R. 19 - would rename the Basic Pilot Program the Employment Eligibility Verification System, phase in mandatory employer participation over seven years based on a business’s employment numbers, and authorize appropriations for the system’s full implementation. Rep. Ken Calvert (R-Calif.) is the bill’s main sponsor.
Cosponsors

SENATE BILLS

Increase Interior Enforcement

S.1298 (Department of Homeland Security Appropriations Act) - would provide funding to the Department of Homeland Security (DHS) for FY2010. Specifically, this legislation includes: $8,075,649,000 for U.S. Customs and Border Protection salaries and expenses; $800,000,000 for border fencing and technology ($50,000,000 of that is off limits unless the DHS submits a secure border plan); $316,070,000 to construct and renovate customs and immigration facilities; $5,360,100,000 for Immigration and Customs Enforcement (ICE) including $5,400,000 to facilitate 287(g) agreements, $11,216,000 for state reimbursement, $1,000,000,000 to identify criminal aliens, $2,539,180,000 to detain and remove criminal aliens, and $6,800,000 for the Visa Security Program; $378,194,000 for USVISIT; $50,000,000 for REAL ID state grants; and $135,700,000 for U.S. Citizenship and Immigration Services including $118,500,000 for E-Verify (basic pilot program). Furthermore, this legislation would reauthorize E-Verify for three years (until September 30, 2012). Please see H.R.2892 for the House version of this legislation. Sen. Robert Byrd (D-W.V.) is the bill’s main sponsor.
No Cosponsors
*This legislation was brought to the floor of the Senate on 7/7/2009 in the form of a substitute amendment offered by Majority Leader Harry Reid to the House passed H.R.2892. This substitute amendment was then amended with four immigration measures relating to E-Verify, the border fence, and federal No-match rules. Sen. Jeff Sessions (R-Ala.) offered an amendment to make E-Verify a permanent program and to require its use by all federal contractors. This amendment passed on a voice vote after surviving a procedural motion to table the amendment by a vote of 53 to 44. Sen. Jim DeMint (R-S.C.) offered an amendment to require completion of the 700 mile border fence without counting vehicle barriers and forms of fencing that would not restrain pedestrian traffic. This amendment passed on a voice vote after surviving a procedural motion to table the amendment by a vote of 54 to 44. Sen. Charles Grassley (R-Iowa) offered an amendment allowing employers to verify existing employees with the E-Verify program. This amendment passed on a voice vote. Sen. David Vitter (R-La.) offered an amendment to prevent administrative alterations to the No-match and federal contractor rules issued by the Bush Administration. This amendment passed on a voice vote. Finally, the substitute amendment, as amended, passed the Senate by voice vote on 7/9/2009 and was sent back to the House of Representatives to instruct conferees for the House/Senate Conference Committee.

Strengthen Interior Enforcement

S.203 (Strengthening the Visa Waiver Program to Secure America Act) - would strengthen the Visa Waiver Program (VWP) by requiring the Department of State and the Department of Homeland Security (DHS) to reevaluate the security, extradition policies, and visa overstay rate of countries who entered the program prior to 2009. In addition, this legislation would require the DHS to immediately suspend any VWP country that does not promptly report lost or stolen passports or has a visa overstay rate exceeding two percent. Furthermore, this legislation requires the comptroller of the United States to conduct an audit of the travel authorization system and mandates that annual visa overstay reports are submitted to Congress for oversight. Sen. Dianne Feinstein (D-Calif) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

Also Encourage State and Local Enforcement
S.168 (SCAPP Reimbursement Protection Act of 2009) - would help reimburse local and state law enforcement for expenses relating to the incarceration of any illegal alien charged with or convicted of two or more misdemeanors or a felony. Sen. Dianne Feinstein (D-Calif) is the bill’s main sponsor.
Cosponsors

Strengthen Interior Enforcement

S.95 - would prevent Community Oriented Policing Services Program (COPS) funding from being used to uphold “sanctuary policies,” which prevent law enforcement officials in local municipalities from investigating immigration status or reporting immigration violations to Immigration & Customs Enforcement (ICE). COPS is important to city, tribal, state, and other local law enforcement agencies because it awards grants used to update technology, hire and train police officers, and develop crime fighting strategies. Sen. David Vitter (R-La.) is the bill’s main sponsor.
Cosponsors

There are four forms legislation take:

S. 123 (or H.R. 123) - Bills that must pass both chambers (i.e., House and Senate) and be signed by President to have force of law.

S. Res. 123 (or H.Res. 123) - Measures concerning operation of single chamber; not presented to President for action.

S.J. Res. 123 (or H.J.Res. 123) - Resolutions requiring both chambers’ approval and presentation to President for approval (as with bills [laws enacted by virtue of joint resolutions are not distinguished from laws enacted by bills]); generally used to authorize small appropriations, enact continuing resolutions that provide for government expenditures (absent overarching appropriations law), create commissions or other bodies, or extend legislation already drafted; also used to propose amendments to U.S. Constitution, in which case must be sent to states directly – bypassing Presidential action – for three-fourths’ approval.

S.Con.Res. 123 (or H.Con.Res. 123) - Resolutions requiring both chambers’ approval, but not Presidential action; generally used to address both chambers’ sentiments or deal with issues affecting both chambers.