Border Protection, Antiterrorism, and Illegal Immigration Control Act
H.R. 4437, known as the Sensenbrenner Bill, sought to make "unlawful presence" an "aggravated felony," and broadened the definition of "smuggling" so that anyone aiding undocumented immigrants could be fined, imprisoned, or have property confiscated. The bill also sought to overturn legal decisions where courts have found that Congress went too far in stripping immigrants of rights in legislation passed in 1996.

The Secure America and Orderly Immigration Act of 2005, S. 1033, was introduced in the Senate by John McCain (R-AZ) and Edward Kennedy (D-MA). The companion, H.R. 2330, was introduced by Jim Kolbe (R-AZ), Jeff Flake (R-AZ) and Luis Gutierrez (D-IL).  The Secure America and Orderly Immigration Act sought to increase legal avenues for workers and family members entering the country, created an earned legalization program, and increased enforcement at the border and in the workplace.