H.R. 418 (109th): REAL ID Act of 2005
109th Congress, 2005–2006
To establish and rapidly implement regulations
for State driver's license and identification document security
standards, to prevent terrorists from abusing the asylum laws of the
United States, to unify terrorism-related grounds for inadmissibility
and removal, and to ensure expeditious construction of the San Diego
border fence.
- Introduced:
- Jan 26, 2005
- Sponsor:
- Rep. James Sensenbrenner Jr. [R-WI5]
- Status:
- Died (Passed House)
Bill titles and the summary above are written by the sponsor. H.R. stands for House of Representatives bill.
Bill Overview
- Status:
Introduced Jan 26, 2005 Passed House Feb 10, 2005 This bill was introduced in a previous session of Congress and was passed by the House on February 10, 2005 but was never passed by the Senate. - Votes:
-
- Text:
- Cosponsors:
- show cosponsors (140)
- Committees:
- House Committee on Homeland Security
House Committee on Oversight and Government Reform
House Committee on the Judiciary
Senate Committee on the Judiciary
The committee chair determines whether a bill will move past the committee stage.
- Primary Source
- THOMAS (The Library of Congress)
THOMAS is updated generally one day after events occur and events since the last update may not be reflected here. - Citation
- This page can be cited in one of these formats (click for details): APA, MLA, Wikipedia Template.
- Related Bills:
- Related bills above are identified by the Congressional Research Service.
Search for similar bills.
- Subject Areas:
- Use these subject areas to explore related legislation:
This summary was written by the
Congressional Research Service, a nonpartisan arm of the Library of
Congress. GovTrack did not write and has no control over these
summaries.
2/10/2005--Passed House amended. REAL ID Act of 2005 -
Title
I
-
Amendments to Federal Laws to Protect Against Terrorist Entry
Section
101
-
Amends Immigration and Nationality Act (INA) provisions concerning asylum to:
(1)
authorize the Secretary of Homeland Security, in addition to the
Attorney General, to grant asylum (retroactive to March 1, 2003);
(2)
require asylum applicants to prove that race, religion, nationality,
membership in a particular social group, or political opinion was or
will be (if removed) the central reason for their persecution; and
(3)
provide that an applicant's testimony may be sufficient to sustain this
burden of proof only if the trier of fact determines that it is
credible, persuasive, and fact-specific.
Requires
corroborating evidence where requested by the trier of fact unless the
applicant does not have the evidence and cannot reasonably obtain it
without departing the United States. States that the inability to obtain
corroborating evidence does not excuse the applicant from meeting his
or her burden of proof.
Lists factors relevant to credibility determinations in asylum cases, including (but not limited to) the:
(1) demeanor, candor, or responsiveness of the applicant or witness;
(2) inherent plausibility of the applicant's or witness' account;
(3) consistency between the applicant's or witness' written and oral statements;
(4) internal consistency of each such statement;
(5)
consistency of such statements with other evidence of record (including
the Department of State's reports on country conditions); and
(6) any inaccuracies or falsehoods in such statements regardless of whether they go to the heart of the applicant's claim.
States that there is no presumption of credibility.
Makes
this Act's provisions regarding proof requirements and credibility
determinations in asylum proceedings applicable to other requests from
relief for removal.
Limits judicial review of determinations regarding the availability of corroborating evidence.
Removes
the numerical limit on the number of aliens granted asylum who may
become lawful permanent residents in any fiscal year (currently set at
10,000).
Repeals
provisions of the Intelligence Reform and Terrorism Prevention Act of
2004 (IRTPA) requiring a study and report on terrorists in the asylum
system.
Section
102
-
Amends the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (IIRIRA) to authorize the Secretary of Homeland Security (the
Secretary), in the Secretary's sole discretion, to waive all laws as
necessary to ensure expeditious construction of certain barriers and
roads at the U.S. border. Prohibits courts, administrative agencies, and
other entities from reviewing the Secretary's decision or from ordering
relief for damages alleged to have resulted from such decision.
Section
103
-
Expands the grounds of inadmissibility and deportability due to terrorist or terrorist-related activity to include aliens who:
(1)
are representatives of terrorist organizations or political, social, or
other groups that endorse or espouse terrorist activity;
(2) are members of designated terrorist organizations;
(3) are members of organizations that engage in specified acts of terrorism;
(4) endorse or espouse terrorist activity or persuade others to do so; or
(5) have received military-type training from or on behalf of any organization that at the time was a terrorist organization.
Modifies
the provision defining "engage in terrorist activity" to eliminate the
possibility of discretionary waivers of inadmissibility for material
support of organizations or individuals that have engaged in terrorist
activity.
Expands the definition of "terrorist organization" to incorporate a broader range of underlying activities.
Makes
this section applicable to removal proceedings instituted, and grounds
of inadmissibility occurring, before, on, or after the enactment of this
Act.
Section
104
-
Expands the grounds of deportability due to terrorist activity to
include aliens who would be inadmissible on terrorism-related grounds.
Makes this section applicable to: (1) removal proceedings instituted
before, on, or after the date of enactment of this Act; and (2) grounds
of inadmissibility, excludability, deportation, or removal occurring or
existing before, on, or after such date. Repeals overlapping deportation
provisions of the IRTPA.
Section
105
-
Bars inadmissible arriving aliens from seeking judicial review of
removal orders through habeas corpus, mandamus, or other extraordinary
petitions.
Imposes
a similar bar on denials of discretionary relief and orders against
criminal aliens, with an exception for petitions for review concerning
constitutional claims or pure questions of law.
Establishes
the INA's judicial review provisions as the sole avenue for challenging
removal orders and reviewing claims arising under the United Nations
Convention Against Torture and Other Forms of Cruel, Inhuman, or
Degrading Treatment or Punishment. Requires petitions for review filed
under pre-IIRIRA law to be treated as if filed under INA as amended by
this section.
States that such petitions shall be the sole and exclusive means for judicial review of orders of deportation or exclusion.
Section
106
-
Sets forth requirements for delivery bonds (guaranteeing delivery of an
alien against whom the Department of Homeland Security (DHS) has issued
an order to show cause or a notice to appear) and bonding agents.
Requires
such bonds to expire one year from the date of issue, at cancellation
or upon surrender of the principal, or immediately upon nonpayment of
the renewal premium.
Authorizes annual renewal.
Requires cancellation of delivery bonds and exoneration of the surety:
(1) for nonrenewal after the principal's surrender for removal;
(2) if the surety or bonding agent provides reasonable evidence of misrepresentation or fraud in the bond application;
(3) upon the death or incarceration of the principal or the surety's inability to produce the principal for medical reasons;
(4) if the principal is detained by a law enforcement agency;
(5) if it can be established that the principal departed the United States without permission;
(6)
if the foreign state of which the principal is a national is designated
under temporary protected status provisions after posting of the bond;
or
(7) if the principal is surrendered to DHS, upon removal by the surety or bonding agent.
Authorizes
the surrender of the principal to DHS for removal at any time, before
bond conditions are breached, if the surety or bonding agent believes
that the principal has become a flight risk.
States that a principal may be surrendered without the return of any bond premium if the principal:
(1) changes address without providing advance written notice to the surety, bonding agent, and Secretary;
(2) hides or is concealed from the surety, bonding agent, or Secretary;
(3) fails to report to the Secretary annually; or
(4)
violates the contract with the bonding agent or surety, commits any act
that may lead to a breach of the bond, or otherwise violates bond
obligations or conditions.
Gives bonding agents or sureties desiring to surrender the principal the right to:
(1) petition the Secretary or any Federal court, without payment of fees or court costs, for an arrest warrant;
(2) receive two certified copies of such warrant and the bond undertaking; and
(3)
pursue, apprehend, detain, and surrender the principal to any DHS
detention official or facility or to any detention facility authorized
to hold Federal detainees.
Requires
all delivery bonds to be secured by a corporate surety that is
certified as an acceptable surety on Federal bonds and whose name
appears on Treasury Department Circular 570 and to set forth specified
information.
Requires information about warrants for a principal's arrest to be entered into the National Crime Information Center database.
Gives
bonding agents or sureties complete access to information about the
principal held by Federal, State, or local governments (or any related
subsidiary or police agency) that the Secretary determines may be
helpful in locating or surrendering the principal.
Establishes
graduated penalties for bonding agents and sureties who fail to
surrender a principal within 15 months of the issuance of an arrest
warrant, subject to waiver.
Gives
bonding agents or sureties the absolute right to locate, apprehend,
arrest, detain, and surrender any principal, wherever he or she may be
found, who violates any bond term or condition.
Limits total liability on any surety undertaking to the face amount of the bond.
Makes this section applicable to bonds and surety undertakings executed before, on or after the date of enactment of this Act.
Section
107
-
Requires aliens arrested and detained pending a removal decision to
post a delivery bond of at least $10,000 (currently, $1,500) in order to
be released from custody, unless an immigration judge orders such
alien's release on his or her own recognizance upon a finding that the
alien is not a flight risk and is not a threat to the United States.
Section
108
-
Requires the Secretary to take into custody any alien subject to a
final order of removal and to cancel bond if the alien is produced
within the prescribed time limit whether or not DHS accepts custody.
States
that the obligor on the bond shall be deemed to have substantially
performed all conditions and shall be released from liability if the
alien is produced within such time limit.
Makes this section applicable to all immigration bonds posted before, on, or after the date of enactment of this Act.
Title
II
-
Improved Security for Driver's Licenses and Personal Identification Cards
Section
202
-
Prohibits Federal agencies from accepting State issued driver's
licenses or identification cards unless such documents are determined by
the Secretary to meet minimum security requirements, including the
incorporation of specified data, a common machine-readable technology,
and certain anti-fraud security features.
Sets forth minimum issuance standards for such documents that require:
(1) verification of presented information;
(2) evidence that the applicant is lawfully present in the United States; and
(3)
issuance of temporary driver's licenses or identification cards to
persons temporarily present that are valid only for their period of
authorized stay (or for one year where the period of stay is
indefinite).
Section
203
-
Requires States, as a condition of receiving grant funds or other
financial assistance under this title, to participate in the interstate
compact regarding the sharing of driver's license data (the Driver
License Agreement).
Section
204
-
Amends the Federal criminal code to prohibit trafficking in actual as
well as false authentication features for use in false identification
documents, document-making implements, or means of identification.
Requires the Secretary to enter into the appropriate aviation security
screening database information regarding persons convicted of using
false driver's licenses at airports.
Section
205
-
Authorizes the Secretary to make grants to assist States in conforming to the minimum standards set forth in this title.
Section
206
-
Gives the Secretary all authority to issue regulations, set standards,
and issue grants under this title. Gives the Secretary of Transportation
all authority to certify compliance with such standards. Authorizes the
Secretary to grant States an extension of time to meet the minimum
document requirements and issuance standards of this title, with
adequate justification.
Section
207
-
Repeals overlapping document provisions of the IRTPA.
Section
208
-
States that nothing in this title shall be construed to affect the
authorities and responsibilities of the Secretary of Transportation or
the States under existing laws governing the establishment of a National
Driver Register.
Title
III
-
Border Infrastructure and Technology Integration
Section
301
-
Directs the Under Secretary of Homeland Security for Border and
Transportation Security to study the technology, equipment, and
personnel needed to address security vulnerabilities within the United
States for each Customs and Border Protection field office that has
responsibility for U.S. borders with Canada and Mexico.
Section
302
-
Directs the Under Secretary of Homeland Security for Science and
Technology to develop and report to specified congressional committees
on a pilot program to utilize, or increase the utilization of, ground
surveillance technologies to enhance U.S. border security. Requires
technologies to include video camera, sensor, and motion detection
technologies.
Section
303
-
Requires the Secretary, acting through the Under Secretary for Border
and Transportation Security, to develop and implement a plan to: (1)
improve communications systems of Federal agencies to facilitate
integrated communications among such agencies, State and local
government agencies, and Indian tribes on border security matters; and
(2) enhance related information sharing among such entities.
No comments:
Post a Comment