THIS SEARCH     THIS DOCUMENT     GO TO
Next Hit        Forward           New Bills Search
Prev Hit        Back              HomePage
Hit List        Best Sections     Help
                Contents Display   

SEC. 302. COLLECTION OF INFORMATION REGARDING FOREIGN STUDENTS.

(a) COURSE OF STUDY- Section 641(c)(1)(C) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(c)(1)(C)) is amended by inserting after `including' the following: `each course of study the student has taken and is taking at the institution and'.

(b) IMPLEMENTATION OF PROGRAM TO COLLECT INFORMATION RELATING TO NONIMMIGRANT FOREIGN STUDENTS AND OTHER EXCHANGE PROGRAM PARTICIPANTS- Section 641(d)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)(2)) is amended to read as follows:

`(2) EFFECT OF FAILURES-

`(A) FAILURE TO IMPLEMENT PROGRAM- During any period on or after January 1, 2003, if the program described in subsection (a) is not fully implemented in accordance with subsection (g), all approvals described in subparagraph (A) of paragraph (1), and all grants of authority described in subparagraph (B) of such paragraph, shall be revoked.

`(B) FAILURE TO PROVIDE INFORMATION- During any period on or after January 1, 2003, if an approved institution of higher education or a designated exchange visitor program fails to provide the information described in subsection (c) through the program described in subsection (a), all approvals described in subparagraph (A) of paragraph (1), and all grants of authority described in subparagraph (B) of such paragraph, with respect to such institution or exchange visitor program shall be revoked.

SEC. 303. ALIEN REGISTRATION.

(a) IN GENERAL- Section 262 (8 U.S.C. 1302) is amended to read as follows:

`registration of aliens in the united states

`SEC. 262. (a) INITIAL REGISTRATION-

`(1) IN GENERAL- It shall be the duty of every alien now or hereafter in the United States, who (1) is fourteen years of age or older, (2) has not been registered and fingerprinted under section 221(b) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for registration and to be fingerprinted before the expiration of such thirty days.

`(2) MINORS- It shall be the duty of every parent or legal guardian of any alien now or hereafter in the United States, who (1) is less than fourteen years of age, (2) has not been registered under section 221(b) of this Act or section 30 or 31 of the Alien Registration Act, 1940, and (3) remains in the United States for thirty days or longer, to apply for the registration of such alien before the expiration of such thirty days. Whenever any alien attains his fourteenth birthday in the United States he shall, within thirty days thereafter, apply in person for registration and to be fingerprinted.

`(b) SUBSEQUENT REGISTRATIONS-

`(1) PERMANENT RESIDENTS- In addition to any other registration otherwise required under this Act or any other Act, each alien lawfully admitted for permanent residence shall annually register with the Attorney General, regardless of whether there has been any change in the alien's address. This requirement shall commence on the first anniversary of the date on which the alien acquired the status of an alien lawfully admitted for permanent residence that occurs after the enactment of the Securing America's Future through Enforcement Reform Act of 2002.

`(2) OTHER ALIENS- In addition to any other registration otherwise required under this Act or any other Act, every alien in the United States, other than an alien described in paragraph (1), shall register with the Attorney General at the expiration of each 3-month period during which the alien remains in the United States, regardless of whether there has been any change in the alien's address. This requirement shall commence on the 60th day after the alien enters the United States.

`(3) MINORS- In the case of an alien who is less than fourteen years of age, a parent or legal guardian of the alien may carry out this subsection on behalf of the alien.

`(c) CHANGE OF ADDRESS-

`(1) IN GENERAL- Each alien required to be registered under this title who is within the United States shall notify the Attorney General in writing of each change of address and new address within ten days from the date of such change and furnish with such notice such additional information as the Attorney General may require by regulation.

`(2) CERTAIN FOREIGN STATES-

`(A) IN GENERAL- The Attorney General may, in the discretion of the Attorney General, upon ten days notice, require the natives of any one or more foreign states, or any class or group thereof, who are within the United States and who are required to be registered under this title, to notify the Attorney General of their current addresses and furnish such additional information as the Attorney General may require.

`(B) NOTICE FOR MINORS- In the case of an alien for whom a parent or legal guardian is required to apply for registration, the notice required by this section shall be given to such parent or legal guardian.

`(3) MINORS- In the case of an alien who is less than fourteen years of age, a parent or legal guardian of the alien may carry out this subsection on behalf of the alien.

`(d) EXCEPTION- Subsections (b) and (c) shall not apply to an alien lawfully admitted for permanent residence, and the alien's spouse and children, if the alien is a member of the armed forces of the United States serving on active duty (as defined in section 101(d) of title 10, United States Code).

`(e) FORMS- The Attorney General shall prepare forms for registrations and change of address notifications required under this section. Such forms shall contain inquiries to obtain the following information:

`(1) Full name and aliases.

`(2) Current address.

`(3) Date of birth.

`(4) Visa category.

`(5) Date of entry into the United States.

`(6) Termination date of authorization to remain in the United Sates, if any.

`(7) Signature.

`(8) Biometric feature of the alien.

`(9) Any additional information that the Attorney General determines to be necessary.

`(f) INFORMATION TECHNOLOGY SYSTEM- The Attorney General shall establish and operate an information technology system for the electronic collection, compilation, and maintenance of the information submitted under this section. Such system shall permit any alien address in the United States that has been registered with the Attorney General, and the date of such registration, to be accessed by any officer or employee of the Immigration and Naturalization Service having need for such access for any lawful purpose under the Immigration and Nationality Act.'.

(b) REPEAL- Section 265 (8 U.S.C. 1305) is repealed and the table of contents is amended by striking the item relating to such section.

(c) CONFORMING AMENDMENTS-

(1) REMOVAL FOR FAILURE TO COMPLY- Section 237(a)(3)(A) (8 U.S.C. 1227(a)(3)(A)) is amended by striking `265' and inserting `262'.

(2) REGISTRATION OF SPECIAL GROUPS- Section 263(b) (8 U.S.C. 1303(b)) is amended by inserting `(excluding subsection (c) of such section)' after `262'.

(3) FORMS AND PROCEDURE- Section 264(a) (8 U.S.C. 1304(a)) is amended by striking `of this title, and the Attorney General is authorized and directed to prepare forms for the registration and fingerprinting of aliens under section 262 of this title.' and inserting a period.

(4) PENALTIES- Section 266 (8 U.S.C. 1306) is amended by striking `265' each place such term appears and inserting `262'.

(d) ATTORNEY GENERAL REPORT- Not later than 3 years after the date of the enactment of this Act, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate on the implementation of section 262 of the Immigration and Nationality Act, as amended by this section, and the results of such implementation.

(e) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 304. VISA TERM COMPLIANCE BONDS.

(a) DEFINITIONS- For purposes of this section:

(1) VISA TERM COMPLIANCE BOND- The term `visa term compliance bond' means a written suretyship undertaking entered into by an alien individual seeking admission to the United States of America on a nonimmigrant visa whose performance is guaranteed by a bail agent.

(2) SURETYSHIP UNDERTAKING- The term `suretyship undertaking' means a written agreement, executed by a bail agent, which binds all parties to its certain terms and conditions and which provides obligations for the visa applicant while under the bond and penalties for forfeiture to ensure the obligations of the principal under the agreement.

(3) BAIL AGENT- The term `bail agent' means any individual properly licensed, approved, and appointed by power of attorney to execute or countersign bail bonds in connection with judicial proceedings and who receives a premium.

(4) SURETY- The term `surety' means an entity, as defined by, and that is in compliance with, sections 9304 through 9308 of title 31, United States Code, that agrees--

(A) to guarantee the performance, where appropriate, of the principal under a visa term compliance bond;

(B) to perform as required in the event of a forfeiture; and

(C) to pay over the principal (penal) sum of the bond for failure to perform.

(b) ISSUANCE OF BOND- A consular officer may require an applicant for a nonimmigrant visa , as a condition for granting such application, to obtain a visa term compliance bond.

(c) VALIDITY, EXPIRATION, RENEWAL, AND CANCELLATION OF BONDS-

(1) VALIDITY- A visa term compliance bond undertaking is valid if it--

(A) states the full, correct, and proper name of the alien principal;

(B) states the amount of the bond;

(C) is guaranteed by a surety and countersigned by an attorney-in-fact who is properly appointed;

(D) is an original signed document;

(E) is filed with the Commissioner along with the original application for a visa ; and

(F) is not executed by electronic means.

(2) EXPIRATION- A visa term compliance bond undertaking shall expire at the earliest of--

(A) 1 year from the date of issue;

(B) at the expiration, cancellation, or surrender of the visa ; or

(C) immediately upon nonpayment of the premium.

(3) RENEWAL- The bond may be renewed--

(A) annually with payment of proper premium at the option of the bail agent or surety; and

(B) provided there has been no breech of conditions, default, claim, or forfeiture of the bond.

(4) CANCELLATION- The bond shall be canceled and the surety and bail agent exonerated--

(A) for nonrenewal;

(B) if the surety or bail agent provides reasonable evidence that there was misrepresentation or fraud in the application for the bond;

(C) upon termination of the visa ;

(D) upon death, incarceration of the principal, or the inability of the surety to produce the principal for medical reasons;

(E) if the principal is detained in any city, State, country, or political subdivision thereof;

(F) if the principal departs from the United States of America for any reason without permission of the Commissioner and the surety or bail agent; or

(G) if the principal is surrendered by the surety.

(5) EFFECT OF EXPIRATION OR CANCELLATION- When a visa term compliance bond expires without being immediately renewed, or is canceled, the nonimmigrant status of the alien shall be revoked immediately.

(6) SURRENDER OF PRINCIPAL; FORFEITURE OF BOND PREMIUM-

(A) SURRENDER- At any time before a breach of any of the conditions of the bond, the surety or bail agent may surrender the principal, or the principal may surrender, to any Immigration and Naturalization Service office or facility.

(B) FORFEITURE OF BOND PREMIUM- A principal may be surrendered without the return of any bond premium if the visa holder--

(i) changes address without notifying the surety or bail agent and the Attorney General in writing at least 60 days prior to such change;

(ii) changes schools, jobs, or occupations without written permission of the surety, bail agent, and the Attorney General;

(iii) conceals himself or herself;

(iv) fails to report to the Attorney General as required at least annually; or

(v) violates the contract with the bail agent or surety, commits any act that may lead to a breech of the bond, or otherwise violates any other obligation or condition of the visa established by the Attorney General.

(7) CERTIFIED COPY OF UNDERTAKING OR WARRANT TO ACCOMPANY SURRENDER-

(A) IN GENERAL- A person desiring to make a surrender of the visa holder--

(i) shall have the right to petition any Federal court for an arrest warrant for the arrest of the visa holder;

(ii) shall forthwith be provided a certified copy of the arrest warrant and the undertaking; and

(iii) shall have the right to pursue, apprehend, detain, and deliver the visa holder, together with the certified copy of the arrest warrant and the undertaking, to any official or facility of the Immigration and Naturalization Service or any detention facility authorized to hold Federal detainees.

(B) EFFECTS OF DELIVERY- Upon delivery of a person under subparagraph (A)(iii)--

(i) the official to whom the delivery is made shall detain the visa holder in custody and issue a written certificate of surrender; and

(ii) the court issuing the warrant described in subparagraph (A)(i) and the Attorney General shall immediately exonerate the surety and bail agent from any further liability on the bond.

(8) FORM OF BOND- A visa term compliance bond shall in all cases state the following and be secured by a surety:

`(A) BREECH OF BOND; PROCEDURE, FORFEITURE, NOTICE-

`(i) If a visa holder violates any conditions of the visa or the visa bond the Attorney General shall--

`(I) order the visa canceled;

`(II) immediately obtain a warrant for the visa holder's arrest;

`(III) order the bail agent and surety to take the visa holder into custody and surrender the visa holder to the Attorney General; and

`(IV) mail notice to the bail agent and surety via certified mail return receipt at each of the addresses in the bond.

`(ii) A bail agent or surety shall have full and complete access to any and all information, electronic or otherwise, in the care, custody, and control of the United States Government or any State or local government or any subsidiary or police

agency thereof regarding the visa holder needed to comply with section 304 of the Securing America's Future through Enforcement Reform Act of 2002 that the court issuing the warrant believes is crucial in locating the visa holder.

`(iii) If the visa holder is later arrested, detained, or otherwise located outside the United States and the outlying possessions of the United States (as defined in section 101(a) of the Immigration and Nationality Act), the Attorney General shall--

`(I) order that the bail agent and surety are completely exonerated, and the bond canceled and terminated; and

`(II) if the Attorney General has issued an order under clause (i), the surety may request, by written, properly filed motion, reinstatement of the bond. This subclause may not be construed to prevent the Attorney General from revoking or resetting a higher bond.

`(iv) The bail agent or surety must--

`(I) produce the visa bond holder; or

`(II)(aa) prove within 180 days that producing the bond holder was prevented--

`(aaa) by the bond holder's illness or death;

`(bbb) because the bond holder is detained in custody in any city, State, country, or political subdivision thereof;

`(ccc) because the bond holder has left the United States or its outlying possessions (as defined in section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)); or

`(ddd) because required notice was not given to the bail agent or surety; and

`(bb) prove within 180 days that the inability to produce the bond holder was not with the consent or connivance of the bail agent or sureties.

`(v) If the bail agent or surety does not comply with the terms of this bond within 60 days after the mailing of the notice required under subparagraph (A)(i)(IV), a portion of the face value of the bond shall be assessed as a penalty against the surety.

`(vi) If compliance occurs more than 60 days but no more than 90 days after the mailing of the notice, the amount assessed shall be one-third of the face value of the bond.

`(vii) If compliance occurs more than 90 days, but no more than 180 days, after the mailing of the notice, the amount assessed shall be two-thirds of the face value of the bond.

`(viii) If compliance does not occur within 180 days after the mailing of the notice, the amount assessed shall be 100 percent of the face value of the bond.

`(ix) All penalty fees shall be paid by the surety within 45 days after the end of such 180-day period.

`(B) The Attorney General may waive the penalty fees or extend the period for payment or both, if--

THIS SEARCH     THIS DOCUMENT     GO TO
Next Hit        Forward           New Bills Search
Prev Hit        Back              HomePage
Hit List        Best Sections     Help
                Contents Display