Border Security and Modernization Act of 2005

Border Security and Modernization Act of 2005 - Provides for: (1) increases in Department of Homeland Security (DHS) customs and border protection officers, immigration and customs enforcement inspectors, and investigative and legal personnel; and (2) ongoing training for DHS personnel.

Provides for: (1) immigration-related increases in Department of Justice litigation attorneys, U.S. attorneys, U.S. marshals, and immigration judges; and (2) increases in the Federal Defenders Program (Administrative Office of the United States Courts).

Authorizes use of the National Guard for border protection activities.

Authorizes the Secretary of DHS to establish a deputy border patrol agent program in the Office of Border Patrol.

Directs the Secretary to: (1) provide Bureau of Customs and Border Protection personnel with training in fraudulent travel document detection; (2) procure technologies necessary to achieve operational control of the international borders of the United States through enhancements of technologies, assets, and facilities; (3) prepare an annual national land border security plan; and (4) carry out port of entry and border patrol technology demonstration programs.

Directs the Commissioner of the Bureau of Customs and Border Protection to: (1) expand trade security programs; and (2) establish a maquiladora (an entity in Mexico that assembles and produces goods from imported parts for export to the United States) demonstration program.

Provides for detention facility increases.

Authorizes border law enforcement grants.

Amends the Immigration and Nationality Act to: (1) provide for expedited removal in all sectors of the southern border; (2) authorize the collection of biometric data from aliens seeking U.S. admission, make withholders of such data inadmissible, and provide for the collection of such data from departing aliens; (3) authorize appropriations to implement the automated biometric entry and exit data system at all land border ports of entry; (4) provide for state reimbursement of costs associated with processing criminal illegal aliens; (5) deny admission to citizens or nationals of a country that refuses or delays accepting an alien from such country removed from the United States; (6) increase penalties for alien smuggling, document fraud, and certain crimes committed by illegal aliens; and (7) make criminal street gang members inadmissible and deportable.

Continues, and expands to all states, the institutional removal program (IRP).

Provides, with respect to illegal aliens apprehended by state or local authorities, for: (1) federal custody upon state or local enforcement entity request; and (2) state or local compensation for related incarceration and transportation costs.

Provides for the listing of immigration violators in the National Crime Information Center database.

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