This has been written and published by the Senate Judiciary Committee:

Border Security and Immigration Reform Act of 2007

Title I
Title I requires the Secretary of Homeland Security to certify that the triggers are met before the Title IV (Guest Worker) and Title VI (Z visa ) programs can begin, with the exception of probationary status for Z workers and the programs for agricultural workers.

• Triggers include:
o 18,000 (CBP) Border Patrol hired
o Construction of 200 miles of vehicle barriers and 370 miles of fencing
o 70 ground-based radar and camera towers along the southern border
o Deployment of 4 Unmanned Aerial Vehicles and supporting systems
o The ending of catch-and-release
o Resources to detain up to 27,500 aliens per day on an annual basis
o The use of secure and effective identification tools to prevent unauthorized work.
o The receiving and processing and adjudicating of applications for Z status.

• Title I also includes authorities and resources to augment border security including:
o physical infrastructure along the border
o additional field and investigative agents
o comprehensive plans and studies of the border region
o revisions to law enforcement techniques and enhanced authorities.

Title II
Title II provides for interior enforcement of immigration laws.

• The stiffening of laws and penalties relate to:
o the detention of criminal aliens
o the definition of aggravated felony
o gang violence
o passport, visa, and immigration fraud, including marriage fraud

• Other provisions include language regarding:
o Increased penalties for illegal entry and reentry
o encouraging aliens to depart voluntarily
o prohibiting aliens from possessing firearms
o alternatives to detention
o state and local law enforcement reimbursement and training
o the streamlining of background checks for immigration status


Title III
Title III addresses workplace enforcement by increasing penalties, revising and making mandatory a system of electronic employment verification, and promoting information sharing.

• This Title designs a worksite enforcement system that relies on electronic employment verification and a reduced list of documents that may be presented to employers to prove identity and work eligibility.
o Also increases penalties significantly over current law for unlawful hiring, employment, and recordkeeping violations.

• Verification of employees: As of the date of enactment, employers in national security-related industries, industries involving critical infrastructure, and federal contractors may be required to electronically verify employees, including new hires and/or current employees, with additional employers or industries added after 6 months.
o All employers would be required to electronically verify new hires within 18 months of enactment, or on the date on which the Secretary certifies that the system is operational.
o Once the system is implemented, all employers would be required to verify all current employees within by 3 years after enactment.

• Structure of the EEVS: After the date of hire but no later than the first day of employment, the employer must transmit to the EEVS via the Internet the data that the employer has taken from the worker’s identity and work eligibility documents.

• Inconclusive determinations: Where the EEVS cannot conclusively determine the status of a worker’s eligibility, a further action notice is issued and the individual must contact the appropriate federal or state agency to initiate resolution of status and the individual continues to work while the agency resolves his or her status.

• Final nonconfirmation: If the employer has received a final non-confirmation regarding an individual, the employer must terminate the employment of the individual, unless the individual files an administrative appeal of a final non-confirmation notice within 15 days.

• Data and Information Sharing: The Commissioner of Social Security must information to the Secretary of DHS regarding data contained within the Social Security database as in relates to employment verification.

• Fraud and tamper resistant social security cards: Not later than 180 days after date of enactment, the Commissioner is required to begin work to administer and issue fraud-resistant, tamper-resistant Social Security cards.

Title IV
Title IV establishes a new temporary Y worker program to address future labor needs of temporary foreign workers and discourage future illegal employment of undocumented individuals. The title also includes measures to protect the rights of U.S. and foreign workers and prevent the U.S. employer from abusing the program.

• Structure of new visa programs: This title creates a new future temporary worker program for workers who are coming to the U.S. to perform temporary job that the U.S. employer is unable to fill. It provides for:
o non-seasonal Y temporary worker (Y-1 visa)
o seasonal temporary worker
 Y-2A for agricultural workers, sheepherder, goat herders, and dairy workers
 Y-2B for non-agricultural workers; and
o their spouses and minor children (Y-3 visa).

• Matching Willing Workers with Willing Employers: All Y workers must be matched to a “willing employersâ€