Border Security and Interior Enforcement Improvement Act of 2005

Border Security and Interior Enforcement Improvement Act of 2005 - Provides for construction of fencing and security improvements in the border area from the Pacific Ocean to the Gulf of Mexico.

Provides for increases in: (1) border patrol agents; (2) Department of Defense (DOD) surveillance equipment along the southern border; (3) Customs and Border Patrol officers; and (4) Department of Homeland Security (DHS) immigration and worksite enforcement personnel and Department of Justice immigration attorneys and judges.

Revises and extends implementation deadlines for the integrated entry and exit data system.

Requires state and local law enforcement agencies to provide DHS with specified information about apprehended illegal aliens.

Provides for: (1) increased federal detention space and utilization of DOD installations identified for closure; (2) transfer of illegal aliens from state or local custody to federal custody; (3) listing of immigration violators in the National Crime Information Center database; (4) federal reimbursement of state and local detention and transportation costs; (5) continuation of the institutional removal program (IRP), its expansion to all states, and a private right of action to remedy a violation of its enforcement by state or local authorities; and (6) immigration-related training for state and local personnel.

States that state and local law enforcement personnel are fully authorized to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws.

Increase and enhances penalties for alien smuggling, document fraud, and certain crimes committed by illegal aliens.

Provides for asset forfeiture and additional criminal fines and/or imprisonment for an alien who is illegally in the United States. (Provides an affirmative defense for an overstay due to unusual hardship or illness.)

Makes criminal street gang members inadmissible and deportable. Requires mandatory detention of aliens subject to removal based upon criminal street gang membership. Makes such aliens ineligible for asylum and protection from removal to certain countries.

Revises specified voluntary departure, detention, and removal provisions. Provides for: (1) expedited removal of criminal aliens; and (2) detention alternative pilot programs.

Provides: (1) for public listing of every alien who is subject to a final order of removal and with respect to whom there is no likelihood of foreseeable future removal due to the refusal, or unreasonable delay, of all countries designated by the alien to receive such alien; (2) that such listing shall indicate whether the alien has been released from federal custody and the city and state of such alien's residence; and (3) for discontinuance of visas for a country having 24 or more of its citizens or nationals per month on such list.

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