SAFER Act

Securing America's Future through Enforcement Reform Act of 2005 (SAFER Act) - Increases the number of personnel assigned to combat alien smuggling. Requires enhanced penalties for certain smuggling-related offenses.

Authorizes the use of military personnel for border enforcement.

Increases the number of full-time inspectors within the Department of Homeland Security (DHS).

Amends the Immigration and Nationality Act (INA) to require Visa Waiver Program (VWP) participants to have machine-readable passports by October 1, 2005.

Requires consular officers to conduct in-person interviews of visa applicants.

Recodifies and amends grounds of inadmissibility and removability.

Applies attestation requirements concerning nondisplacement of U.S. workers to all employers of H-1B (specialty occupation) nonimmigrants.

Requires implementation of an integrated entry-exit system at all land border ports of entry by October 26, 2005.

Directs institutions of higher education to provide information on courses taken by foreign students.

Requires lawful permanent residents to register with the Secretary annually and other aliens to register every three months.

Authorizes visa term compliance bonds for nonimmigrants.

Addresses the removal of alien terrorists, criminals, and serious human rights violators.

Requires aliens to use secure travel and identification documents.

Makes the employment eligibility verification system applicable to all employers.

Requires the expedited removal of undocumented aliens who have not been continuously physically present in the United States for five years (except criminal aliens and asylum seekers).

Establishes criminal and civil penalties for aliens who are knowingly unlawfully present.

Makes government agencies that prohibit employees from sharing immigration status information with DHS ineligible for Federal law enforcement grants.

Authorizes the Secretary to grant asylum to alien refugees. Places the burden of proof on asylum applicants. Requires corroborating evidence where reasonable.

Eliminates review of determinations regarding the withholding of removal under the United Nations Convention Against Torture. Limits review of asylum decisions and orders of removal against criminal aliens.

Temporarily suspends the VWP, adjustment of status applications, and renewals of temporary protected status. Discontinues nonimmigrant visas for aliens from countries that deny or delay repatriation.

Prohibits the issuance of most visas to aliens from countries determined to be state sponsors of terrorism.

Limits visa preference allocations for family-sponsored immigrants. Removes unskilled workers from the allocation for employment-based immigrants. Eliminates diversity visas.

Requires congressional approval of refugee quotas that exceed the combined total of refugees accepted by other countries.

Increases sponsorship levels for immigration applications.

Repeals certain adjustment of status provisions of INA.

Requires congressional approval for temporary protected status for undocumented aliens.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov