Senate Bill Text Released - Page 12

SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SO-
16
CIAL SECURITY CARDS.
17
(a) F
RAUD
-
RESISTANT
, T
AMPER
-
RESISTANT
, W
EAR
-
18
RESISTANT
,
AND
I
DENTITY
T
HEFT
-
RESISTANT
S
OCIAL
19
S
ECURITY
C
ARDS
.—
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(1) I
SSUANCE
.—
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(A) P
RELIMINARY WORK
.—Not later than
22
180 days after the date of the enactment of this
23
title, the Commissioner of Social Security shall
24
begin work to administer and issue fraud-resist-
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ant, tamper-resistant, wear-resistant, and iden-
1
tity theft-resistant social security cards.
2
(B) C
OMPLETION
.—Not later than 5 years
3
after the date of enactment of this title, the
4
Commissioner of Social Security shall issue only
5
social security cards determined to be fraud-re-
6
sistant, tamper-resistant, wear-resistant, and
7
identity theft-resistant social security cards.

EC. 3303. MANDATORY EXIT SYSTEM.
7
(a) E
STABLISHMENT
.—Not later than December 31,
8
2015, the Secretary shall establish a mandatory exit data
9
system that shall include a requirement for the collection
10
of data from machine-readable visas, passports, and other
11
travel and entry documents for all categories of aliens who
12
are exiting from air and sea ports of entry.

Subtitle G—Interior Enforcement
8
SEC. 3701. CRIMINAL STREET GANGS.

‘(F) A
LIENS IN CRIMINAL STREET
16
GANGS
.—
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‘‘(i) I
N GENERAL
.—Any alien is inad-
18
missible—
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‘‘(I) who has been convicted of
20
an offense for which an element was
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active participation in a criminal
22
street gang (as defined in section
23
521(a) of title 18, United States
24
Code) and the alien—
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‘‘(aa) had knowledge that
1
the gang’s members engaged in
2
or have engaged in a continuing
3
series of offenses described in
4
section 521(c) of title 18, United
5
States Code; and
6
‘‘(bb) acted with the inten-
7
tion to promote or further the fe-
8
lonious activities of the criminal
9
street gang or maintain or in-
10
crease his or her position in the
11
gang; or
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‘‘(II) subject to clause (ii), who is
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18 years of age or older, who is phys-
14
ically present outside the United
15
States, whom the Secretary deter-
16
mines by clear and convincing evi-
17
dence, based upon law enforcement in-
18
formation deemed credible by the Sec-
19
retary, has, since the age of 18, know-
20
ingly and willingly participated in a
21
criminal street gang with knowledge
22
that such participation promoted or
23
furthered the illegal activity of the
24
gang.

‘‘(ii) W
AIVER
.—The Secretary may
1
waive clause (i)(II) if the alien has re-
2
nounced all association with the criminal
3
street gang, is otherwise admissible, and is
4
not a threat to the security of the United
5
States.’’.

(G) A
LIENS ASSOCIATED WITH CRIMINAL
10
STREET GANGS
.—Any alien is removable who
11
has been convicted of an offense for which an
12
element was active participation in a criminal
13
street gang (as defined in section 521(a) of title
14
18, United States Code), and the alien—
15
‘‘(i) had knowledge that the gang’s
16
members engaged in or have engaged in a
17
continuing series of offenses described in
18
section 521(c) of title 18, United States
19
Code; and
20
‘‘(ii) acted with the intention to pro-
21
mote or further the felonious activities the
22
criminal street gang or increase his or her
23
position in such gang.’’

SEC. 3702. BANNING HABITUAL DRUNK DRIVERS FROM THE
UNITED STATES.

‘(J) H
ABITUAL DRUNK DRIVERS
.—An
16
alien convicted of 3 or more offenses on sepa-
17
rate dates, at least 1 of which occurred after
18
the date of the enactment of the Border Secu-
19
rity, Economic Opportunity, and Immigration
20
Modernization Act, related to driving under the
21
influence or driving while intoxicated is
22
inadmissable.’’.

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EAS13500 S.L.C.
(b) G
ROUNDS FOR
D
EPORTATION
.—Section
1
237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at
2
the end the following:
3
‘‘(G) H
ABITUAL DRUNK DRIVERS
.—An
4
alien convicted of 3 or more offenses on sepa-
5
rate dates related to driving under the influence
6
or driving while intoxicated is deportable.’’.

SEC. 275. ILLEGAL ENTRY.
19
‘‘(a) I
N
G
ENERAL
.—
20
‘‘(1) C
RIMINAL OFFENSES
.—An alien shall be
21
subject to the penalties set forth in paragraph (2) if
22
the alien—
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‘‘(A) enters or crosses the border into the
24
United States at any time or place other than
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EAS13500 S.L.C.
as designated by the Secretary of Homeland Se-
1
curity;
2
‘‘(B) eludes examination or inspection by
3
an immigration officer, or a customs or agri-
4
culture inspection at a port of entry; or
5
‘‘(C) enters or crosses the border to the
6
United States by means of a knowingly false or
7
misleading representation or the concealment of
8
a material fact.
9
‘‘(2) C
RIMINAL PENALTIES
.—Any alien who
10
violates any provision under paragraph (1)—
11
‘‘(A) shall, for the first violation, be fined
12
under title 18, United States Code, imprisoned
13
not more than 12 months, or both;
14
‘‘(B) shall, for a second or subsequent vio-
15
lation, or following an order of voluntary depar-
16
ture, be fined under such title, imprisoned not
17
more than 3 years, or both;
18
‘‘(C) if the violation occurred after the
19
alien had been convicted of 3 or more mis-
20
demeanors with the convictions occurring on
21
different dates or of a felony for which the alien
22
served a term of imprisonment of 15 days or
23
more, shall be fined under such title, impris-
24
oned not more than 10 years, or both; and
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‘‘(D) if the violation occurred after the
1
alien had been convicted of a felony for which
2
the alien was sentenced to a term of imprison-
3
ment of not less than 30 months,
4
shall be fined under such title, imprisoned not more
5
than 15 years, or both.

‘‘(i) D
EFINITIONS
.—In this section:
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EAS13500 S.L.C.
‘‘(1) F
ELONY
.—The term ‘felony’ means any
1
criminal offense punishable by a term of imprison-
2
ment of more than 1 year under the laws of the
3
United States, any State, or a foreign government.
4
‘‘(2) M
ISDEMEANOR
.—The term ‘misdemeanor’
5
means any criminal offense punishable by a term of
6
imprisonment of not more than 1 year under the ap-
7
plicable laws of the United States, any State, or a
8
foreign government.
9
‘‘(3) R
EMOVAL
.—The term ‘removal’ includes
10
any denial of admission, exclusion, deportation, or
11
removal, or any agreement by which an alien stipu-
12
lates or agrees to exclusion, deportation, or removal.
13
‘‘(4) S
TATE
.—The term ‘State’ means a State
14
of the United States, the District of Columbia, and
15
any commonwealth, territory, or possession of the
16
United States.’’.