Recently the handling of civil immigration detainers by local law departments has been heavily scrutinized.
AILA Doc No. 06091467 | Dated October 26, 2006
Update: On 10/26/06, the President signed this bill into law (P.L. 109-367).
The House passed the Secure Fence Act of 2006 (H.R. 6061) on 9/14/06 by a vote of 283-138, authorizing the first in a series of border security initiatives House leaders intend to push through before the November elections.
H.R. 6061 calls for the construction of 700 miles of 2-layered reinforced fencing, as well as other barriers and surveillance equipment, along specified regions of the U.S.-Mexico border. It also requires DHS to achieve "operational control," defined as prevention of all unlawful entries, over land and maritime borders; to conduct a study on security along the northern border; and to evaluate the authority and ability of Customs and Border Protection personnel to stop fleeing vehicles that enter the U.S. unlawfully.
The Secure Fence Act is widely perceived as an attempt by some House Republicans to appear tough on immigration in the run-up to the elections, and to deflect attention from their unwillingness to strike a compromise with the Senate on immigration reform. Although the bill passed easily in the House, its fate in the Senate remains uncertain.
Summary of Secure Fence Act of 2006:
Sec. 1: Short Title
Sec. 2: Achieving Operation Control on the Border
Requires DHS Secretary, within 18 months of enactment, to take all actions he determines are appropriate and necessary to achieve and maintain operation control over land and maritime borders, including:
"Operational control" means the prevention of all unlawful entries into the U.S., including entries by terrorists, unlawful aliens, instruments of terrorism, narcotics, and other contraband.
Requires DHS Secretary, within one year of enactment and annually thereafter, to submit a report to Congress on progress made toward achieving this goal.
Sec. 3: Construction of Fencing and Security Improvements in Border Area from Pacific Ocean to Gulf of Mexico
Amends section 102(b) of IIRIRA (section on improvement of barriers at the border) by striking the words "near San Diego" (IIRIRA § 102(b) dealt only with construction of fencing and roads in the border area near San Diego), and by specifying that the DHS Secretary must provide for at least 2 layers of reinforced fencing, additional physical barriers, roads, lighting, cameras and sensors. Such improvements must extend from:
With respect to the Calexico area, outlined above, the DHS Secretary must install an interlocking surveillance camera along such area by May 30, 2007 and must complete fence installation in this sector by May 30, 2008.
With respect to the Laredo area, outlined above, the DHS Secretary must ensure that fence construction from 15 miles northwest of the Laredo, TX POE to 15 miles southeast of the Laredo, TX POE is completed by December 31, 2008. If the topography of a specific area has an elevation grade of 10 % or higher, the Secretary may use other means to secure the area.
Sec. 4: Northern Border Study
This section requires the DHS Secretary to conduct a study on the construction of a state-of-the-art barrier system along the northern international land and maritime border, including a discussion of both the necessity and feasibility of constructing such a system, and must report his findings to Congress within one year of enactment.
Sec. 5: Evaluation and Report Relating to Customs Authority to Stop Certain Fleeing Vehicles
Section 5 requires the DHS Secretary, within 30 days of enactment, to:
The Secretary must submit a report to Congress within 60 days of enactment that contains the results of the evaluation described above.
Cite as AILA Doc. No. 06091467.