I 

116TH CONGRESS 

1ST SESSION H. R. 574 

To clarify standards of family detention and the treatment of unaccompanied 

alien children, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2019 

Mr. MEADOWS introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Foreign 

Affairs, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To clarify standards of family detention and the treatment 

of unaccompanied alien children, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Equal Protection of Unaccompanied Minors Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—UNACCOMPANIED ALIEN CHILDREN; INTERIOR 

IMMIGRATION ENFORCEMENT 


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Sec. 1101. Repatriation of unaccompanied alien children. 

Sec. 1102. Clarification of standards for family detention. 

Sec. 1103. Detention of dangerous aliens. 

Sec. 1104. Definition of aggravated felony. 

Sec. 1105. Crime of violence. 

Sec. 1106. Grounds of inadmissibility and deportability for alien gang members. 

Sec. 1107. Special immigrant juvenile status for immigrants unable to reunite 

with either parent. 

Sec. 1108. Clarification of authority regarding determinations of convictions. 

Sec. 1109. Adding attempt and conspiracy to commit terrorism-related inadmissibility grounds acts to the definition of engaging in terrorist 

activity. 

Sec. 1110. Clarifying the authority of ice detainers. 

Sec. 1111. Department of Homeland Security access to crime information databases. 

Sec. 1112. Clarification of congressional intent. 

TITLE II—ASYLUM REFORM 

Sec. 2101. Credible fear interviews. 

Sec. 2102. Jurisdiction of asylum applications. 

Sec. 2103. Recording expedited removal and credible fear interviews. 

Sec. 2104. Safe third country. 

Sec. 2105. Renunciation of asylum status pursuant to return to home country. 

Sec. 2106. Notice concerning frivolous asylum applications. 

Sec. 2107. Anti-fraud investigative work product. 

Sec. 2108. Penalties for asylum fraud. 

Sec. 2109. Statute of limitations for asylum fraud. 

Sec. 2110. Technical amendments. 

TITLE III—IMMIGRATION JUDGES, FACILITIES, AND PERSONNEL 

Sec. 3101. Facilities for asylum applicants who retain custody of a child. 

Sec. 3102. Increasing the number of authorized immigration judges. 

Sec. 3103. Increasing the number of available Department of Homeland Security employees. 

Sec. 3104. Definitions. 


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1 TITLE I—UNACCOMPANIED 

2 ALIEN CHILDREN; INTERIOR 

3 IMMIGRATION ENFORCE4 MENT 

5 SEC. 1101. REPATRIATION OF UNACCOMPANIED ALIEN 

6 CHILDREN. 

7 (a) IN GENERAL.—Section 235 of the William Wil8 berforce Trafficking Victims Protection Reauthorization 

9 Act of 2008 (8 U.S.C. 1232) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (2)— 

12 (i) by amending the heading to read 

13 as follows: ‘‘RULES FOR UNACCOMPANIED

14 ALIEN CHILDREN.—’’; 

15 (ii) in subparagraph (A)— 

16 (I) in the matter preceding clause 

17 (i), by striking ‘‘who is a national or 

18 habitual resident of a country that is 

19 contiguous with the United States’’; 

20 (II) in clause (i), by inserting 

21 ‘‘and’’ at the end; 

22 (III) in clause (ii), by striking ‘‘; 

23 and’’ and inserting a period; and 

24 (IV) by striking clause (iii); 

25 (iii) in subparagraph (B)— 


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1 (I) in the matter preceding clause 

2 (i), by striking ‘‘(8 U.S.C. 1101 et 

3 seq.) may—’’ and inserting ‘‘(8 

4 U.S.C. 1101 et seq.)—’’; 

5 (II) in clause (i), by inserting be6 fore ‘‘permit such child to withdraw’’ 

7 the following: ‘‘may’’; and 

8 (III) in clause (ii), by inserting 

9 before ‘‘return such child’’ the fol10 lowing: ‘‘shall’’; and 

11 (iv) in subparagraph (C)— 

12 (I) by amending the heading to 

13 read as follows: ‘‘AGREEMENTS WITH

14 FOREIGN COUNTRIES.—’’; and 

15 (II) in the matter preceding 

16 clause (i), by striking ‘‘The Secretary 

17 of State shall negotiate agreements 

18 between the United States and coun19 tries contiguous to the United States’’ 

20 and inserting ‘‘The Secretary of State 

21 may negotiate agreements between the 

22 United States and any foreign country 

23 that the Secretary determines appro24 priate’’; 


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1 (B) by redesignating paragraphs (3) 

2 through (5) as paragraphs (4) through (6), re3 spectively, and inserting after paragraph (2) the 

4 following: 

5 ‘‘(3) SPECIAL RULES FOR INTERVIEWING UNAC6 COMPANIED ALIEN CHILDREN.—An unaccompanied 

7 alien child shall be interviewed by a dedicated U.S. 

8 Citizenship and Immigration Services immigration 

9 officer with specialized training in interviewing child 

10 trafficking victims. Such officer shall be in plain 

11 clothes and shall not carry a weapon. The interview 

12 shall occur in a private room.’’; and 

13 (C) in paragraph (6)(D) (as so redesig14 nated)— 

15 (i) in the matter preceding clause (i), 

16 by striking ‘‘, except for an unaccompanied 

17 alien child from a contiguous country sub18 ject to exceptions under subsection (a)(2),’’ 

19 and inserting ‘‘who does not meet the cri20 teria listed in paragraph (2)(A)’’; and 

21 (ii) in clause (i), by inserting before 

22 the semicolon at the end the following: ‘‘, 

23 which shall include a hearing before an im24 migration judge not later than 14 days 

25 after being screened under paragraph (4)’’; 


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1 (2) in subsection (b)— 

2 (A) in paragraph (2)— 

3 (i) in subparagraph (A), by inserting 

4 before the semicolon the following: ‘‘be5 lieved not to meet the criteria listed in sub6 section (a)(2)(A)’’; and 

7 (ii) in subparagraph (B), by inserting 

8 before the period the following: ‘‘and does 

9 not meet the criteria listed in subsection 

10 (a)(2)(A)’’; and 

11 (B) in paragraph (3), by striking ‘‘an un12 accompanied alien child in custody shall’’ and 

13 all that follows, and inserting the following: ‘‘an 

14 unaccompanied alien child in custody— 

15 ‘‘(A) in the case of a child who does not 

16 meet the criteria listed in subsection (a)(2)(A), 

17 shall transfer the custody of such child to the 

18 Secretary of Health and Human Services not 

19 later than 30 days after determining that such 

20 child is an unaccompanied alien child who does 

21 not meet such criteria; or 

22 ‘‘(B) in the case of child who meets the 

23 criteria listed in subsection (a)(2)(A), may 

24 transfer the custody of such child to the Sec25 retary of Health and Human Services after deVerDate Sep 11 2014 18:59 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H574.IH H574

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1 termining that such child is an unaccompanied 

2 alien child who meets such criteria.’’; and 

3 (3) in subsection (c)— 

4 (A) in paragraph (3), by inserting at the 

5 end the following: 

6 ‘‘(D) INFORMATION ABOUT INDIVIDUALS

7 WITH WHOM CHILDREN ARE PLACED.— 

8 ‘‘(i) INFORMATION TO BE PROVIDED

9 TO HOMELAND SECURITY.—Before placing 

10 a child with an individual, the Secretary of 

11 Health and Human Services shall provide 

12 to the Secretary of Homeland Security, re13 garding the individual with whom the child 

14 will be placed, the following information: 

15 ‘‘(I) The name of the individual. 

16 ‘‘(II) The social security number 

17 of the individual, if available. 

18 ‘‘(III) The date of birth of the in19 dividual. 

20 ‘‘(IV) The location of the individ21 ual’s residence where the child will be 

22 placed. 

23 ‘‘(V) The immigration status of 

24 the individual, if known. 


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1 ‘‘(VI) Contact information for 

2 the individual. 

3 ‘‘(ii) SPECIAL RULE.—In the case of a 

4 child who was apprehended on or after the 

5 effective date of this clause, and before the 

6 date of the enactment of this subpara7 graph, who the Secretary of Health and 

8 Human Services placed with an individual, 

9 the Secretary shall provide the information 

10 listed in clause (i) to the Secretary of 

11 Homeland Security not later than 90 days 

12 after such date of enactment. 

13 ‘‘(iii) ACTIVITIES OF SECRETARY OF

14 HOMELAND SECURITY.—Not later than 30 

15 days after receiving the information listed 

16 in clause (i), the Secretary of Homeland 

17 Security shall— 

18 ‘‘(I) in the case that the immi19 gration status of an individual with 

20 whom a child is placed is unknown, 

21 investigate the immigration status of 

22 that individual; and 

23 ‘‘(II) upon determining that an 

24 individual with whom a child is placed 

25 is unlawfully present in the United 


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1 States, initiate removal proceedings 

2 pursuant to chapter 4 of title II of the 

3 Immigration and Nationality Act (8 

4 U.S.C. 1221 et seq.).’’; and 

5 (B) in paragraph (5)— 

6 (i) by inserting ‘‘(at no expense to the 

7 Government)’’ after ‘‘to the greatest extent 

8 practicable’’; and 

9 (ii) by striking ‘‘have counsel to rep10 resent them’’ and inserting ‘‘have access to 

11 counsel to represent them’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to any unauthorized alien child ap14 prehended on or after the date of enactment. 

15 SEC. 1102. CLARIFICATION OF STANDARDS FOR FAMILY DE16 TENTION. 

17 (a) IN GENERAL.—Section 235 of the William Wil18 berforce Trafficking Victims Protection Reauthorization 

19 Act of 2008 (8 U.S.C. 1232) is amended by adding at 

20 the end the following: 

21 ‘‘(j) CONSTRUCTION.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, judicial determination, consent de24 cree, or settlement agreement, the detention of any 

25 alien child who is not an unaccompanied alien child 


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1 shall be governed by sections 217, 235, 236, and 

2 241 of the Immigration and Nationality Act (8 

3 U.S.C. 1187, 1225, 1226, and 1231). There exists 

4 no presumption that an alien child who is not an un5 accompanied alien child should not be detained, and 

6 all such determinations shall be in the discretion of 

7 the Secretary of Homeland Security. 

8 ‘‘(2) RELEASE OF MINORS OTHER THAN UNAC9 COMPANIED ALIENS.—In no circumstances shall an 

10 alien minor who is not an unaccompanied alien child 

11 be released by the Secretary of Homeland Security 

12 other than to a parent or legal guardian. 

13 ‘‘(3) FAMILY DETENTION.—The Secretary of 

14 Homeland Security shall— 

15 ‘‘(A) maintain the care and custody of an 

16 alien, during the period which the charges de17 scribed in clause (i) are pending, who— 

18 ‘‘(i) is charged only with a mis19 demeanor offense under section 275(a) of 

20 the Immigration and Nationality Act (8 

21 U.S.C. 1325(a)); and 

22 ‘‘(ii) entered the United States with 

23 the alien’s child who has not attained 18 

24 years of age; and 


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1 ‘‘(B) detain the alien with the alien’s 

2 child.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and shall apply to all actions that occur 

6 before, on, or after the date of the enactment of this Act. 

7 (c) PREEMPTION OF STATE LICENSING REQUIRE8 MENTS.—Notwithstanding any other provision of law, ju9 dicial determination, consent decree, or settlement agree10 ment, no State may require that an immigration detention 

11 facility used to detain children who have not attained 18 

12 years of age, families consisting of one or more such chil13 dren and the parents or legal guardians of such children, 

14 that is located in that State, be licensed by the State or 

15 any political subdivision thereof. 

16 SEC. 1103. DETENTION OF DANGEROUS ALIENS. 

17 Section 241(a) of the Immigration and Nationality 

18 Act (8 U.S.C. 1231(a)) is amended— 

19 (1) by striking ‘‘Attorney General’’ each place 

20 it appears, except for the first reference in para21 graph (4)(B)(i), and inserting ‘‘Secretary of Home22 land Security’’; 

23 (2) in paragraph (1), by amending subpara24 graph (B) to read as follows: 


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1 ‘‘(B) BEGINNING OF PERIOD.—The re2 moval period begins on the latest of the fol3 lowing: 

4 ‘‘(i) The date the order of removal be5 comes administratively final. 

6 ‘‘(ii) If the alien is not in the custody 

7 of the Secretary on the date the order of 

8 removal becomes administratively final, the 

9 date the alien is taken into such custody. 

10 ‘‘(iii) If the alien is detained or con11 fined (except under an immigration proc12 ess) on the date the order of removal be13 comes administratively final, the date the 

14 alien is taken into the custody of the Sec15 retary, after the alien is released from such 

16 detention or confinement.’’; 

17 (3) in paragraph (1), by amending subpara18 graph (C) to read as follows: 

19 ‘‘(C) SUSPENSION OF PERIOD.— 

20 ‘‘(i) EXTENSION.—The removal period 

21 shall be extended beyond a period of 90 

22 days and the Secretary may, in the Sec23 retary’s sole discretion, keep the alien in 

24 detention during such extended period if— 


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1 ‘‘(I) the alien fails or refuses to 

2 make all reasonable efforts to comply 

3 with the removal order, or to fully co4 operate with the Secretary’s efforts to 

5 establish the alien’s identity and carry 

6 out the removal order, including mak7 ing timely application in good faith 

8 for travel or other documents nec9 essary to the alien’s departure or con10 spires or acts to prevent the alien’s 

11 removal that is subject to an order of 

12 removal; 

13 ‘‘(II) a court, the Board of Immi14 gration Appeals, or an immigration 

15 judge orders a stay of removal of an 

16 alien who is subject to an administra17 tively final order of removal; 

18 ‘‘(III) the Secretary transfers 

19 custody of the alien pursuant to law 

20 to another Federal agency or a State 

21 or local government agency in connec22 tion with the official duties of such 

23 agency; or 

24 ‘‘(IV) a court or the Board of 

25 Immigration Appeals orders a remand 


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1 to an immigration judge or the Board 

2 of Immigration Appeals, during the 

3 time period when the case is pending 

4 a decision on remand (with the re5 moval period beginning anew on the 

6 date that the alien is ordered removed 

7 on remand). 

8 ‘‘(ii) RENEWAL.—If the removal pe9 riod has been extended under subpara10 graph (C)(i), a new removal period shall be 

11 deemed to have begun on the date— 

12 ‘‘(I) the alien makes all reason13 able efforts to comply with the re14 moval order, or to fully cooperate with 

15 the Secretary’s efforts to establish the 

16 alien’s identity and carry out the re17 moval order; 

18 ‘‘(II) the stay of removal is no 

19 longer in effect; or 

20 ‘‘(III) the alien is returned to the 

21 custody of the Secretary. 

22 ‘‘(iii) MANDATORY DETENTION FOR

23 CERTAIN ALIENS.—In the case of an alien 

24 described in subparagraphs (A) through 

25 (D) of section 236(c)(1), the Secretary 


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1 shall keep that alien in detention during 

2 the extended period described in clause (i). 

3 ‘‘(iv) SOLE FORM OF RELIEF.—An 

4 alien may seek relief from detention under 

5 this subparagraph only by filing an appli6 cation for a writ of habeas corpus in ac7 cordance with chapter 153 of title 28, 

8 United States Code. No alien whose period 

9 of detention is extended under this sub10 paragraph shall have the right to seek re11 lease on bond.’’; 

12 (4) in paragraph (3)— 

13 (A) by adding after ‘‘If the alien does not 

14 leave or is not removed within the removal pe15 riod’’ the following: ‘‘or is not detained pursu16 ant to paragraph (6) of this subsection’’; and 

17 (B) by striking subparagraph (D) and in18 serting the following: 

19 ‘‘(D) to obey reasonable restrictions on the 

20 alien’s conduct or activities that the Secretary 

21 prescribes for the alien, in order to prevent the 

22 alien from absconding, for the protection of the 

23 community, or for other purposes related to the 

24 enforcement of the immigration laws.’’; 


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1 (5) in paragraph (4)(A), by striking ‘‘paragraph 

2 (2)’’ and inserting ‘‘subparagraph (B)’’; and 

3 (6) by striking paragraph (6) and inserting the 

4 following: 

5 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR

6 RELEASE OF CERTAIN ALIENS.— 

7 ‘‘(A) DETENTION REVIEW PROCESS FOR

8 COOPERATIVE ALIENS ESTABLISHED.—For an 

9 alien who is not otherwise subject to mandatory 

10 detention, who has made all reasonable efforts 

11 to comply with a removal order and to cooper12 ate fully with the Secretary of Homeland Secu13 rity’s efforts to establish the alien’s identity and 

14 carry out the removal order, including making 

15 timely application in good faith for travel or 

16 other documents necessary to the alien’s depar17 ture, and who has not conspired or acted to 

18 prevent removal, the Secretary shall establish 

19 an administrative review process to determine 

20 whether the alien should be detained or released 

21 on conditions. The Secretary shall make a de22 termination whether to release an alien after 

23 the removal period in accordance with subpara24 graph (B). The determination shall include con25 sideration of any evidence submitted by the 


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1 alien, and may include consideration of any 

2 other evidence, including any information or as3 sistance provided by the Secretary of State or 

4 other Federal official and any other information 

5 available to the Secretary of Homeland Security 

6 pertaining to the ability to remove the alien. 

7 ‘‘(B) AUTHORITY TO DETAIN BEYOND RE8 MOVAL PERIOD.— 

9 ‘‘(i) IN GENERAL.—The Secretary of 

10 Homeland Security, in the exercise of the 

11 Secretary’s sole discretion, may continue to 

12 detain an alien for 90 days beyond the re13 moval period (including any extension of 

14 the removal period as provided in para15 graph (1)(C)). An alien whose detention is 

16 extended under this subparagraph shall 

17 have no right to seek release on bond. 

18 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

19 Secretary of Homeland Security, in the ex20 ercise of the Secretary’s sole discretion, 

21 may continue to detain an alien beyond the 

22 90 days authorized in clause (i)— 

23 ‘‘(I) until the alien is removed, if 

24 the Secretary, in the Secretary’s sole 


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1 discretion, determines that there is a 

2 significant likelihood that the alien— 

3 ‘‘(aa) will be removed in the 

4 reasonably foreseeable future; or 

5 ‘‘(bb) would be removed in 

6 the reasonably foreseeable future, 

7 or would have been removed, but 

8 for the alien’s failure or refusal 

9 to make all reasonable efforts to 

10 comply with the removal order, 

11 or to cooperate fully with the 

12 Secretary’s efforts to establish 

13 the alien’s identity and carry out 

14 the removal order, including 

15 making timely application in 

16 good faith for travel or other doc17 uments necessary to the alien’s 

18 departure, or conspires or acts to 

19 prevent removal; 

20 ‘‘(II) until the alien is removed, 

21 if the Secretary of Homeland Security 

22 certifies in writing— 

23 ‘‘(aa) in consultation with 

24 the Secretary of Health and 

25 Human Services, that the alien 


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1 has a highly contagious disease 

2 that poses a threat to public safe3 ty; 

4 ‘‘(bb) after receipt of a writ5 ten recommendation from the 

6 Secretary of State, that release 

7 of the alien is likely to have seri8 ous adverse foreign policy con9 sequences for the United States; 

10 ‘‘(cc) based on information 

11 available to the Secretary of 

12 Homeland Security (including 

13 classified, sensitive, or national 

14 security information, and without 

15 regard to the grounds upon 

16 which the alien was ordered re17 moved), that there is reason to 

18 believe that the release of the 

19 alien would threaten the national 

20 security of the United States; or 

21 ‘‘(dd) that the release of the 

22 alien will threaten the safety of 

23 the community or any person, 

24 conditions of release cannot rea25 sonably be expected to ensure the 


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1 safety of the community or any 

2 person, and either (AA)— 

3 ‘‘(AA) the alien has 

4 been convicted of (aaa) one 

5 or more aggravated felonies 

6 (as defined in section 

7 101(a)(43)(A)), (bbb) one or 

8 more crimes identified by 

9 the Secretary of Homeland 

10 Security by regulation, if the 

11 aggregate term of imprison12 ment for such crimes is at 

13 least 5 years, or (ccc) one or 

14 more attempts or conspir15 acies to commit any such 

16 aggravated felonies or such 

17 identified crimes, if the ag18 gregate term of imprison19 ment for such attempts or 

20 conspiracies is at least 5 

21 years; or 

22 ‘‘(BB) the alien has 

23 committed one or more vio24 lent crimes (as referred to in 

25 section 101(a)(43)(F), but 


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1 not including a purely polit2 ical offense) and, because of 

3 a mental condition or per4 sonality disorder and behav5 ior associated with that con6 dition or disorder, the alien 

7 is likely to engage in acts of 

8 violence in the future; or 

9 ‘‘(III) pending a certification 

10 under subclause (II), so long as the 

11 Secretary of Homeland Security has 

12 initiated the administrative review 

13 process not later than 30 days after 

14 the expiration of the removal period 

15 (including any extension of the re16 moval period, as provided in para17 graph (1)(C)). 

18 ‘‘(iii) NO RIGHT TO BOND HEARING.— 

19 An alien whose detention is extended under 

20 this subparagraph shall have no right to 

21 seek release on bond, including by reason 

22 of a certification under clause (ii)(II). 

23 ‘‘(C) RENEWAL AND DELEGATION OF CER24 TIFICATION.— 


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1 ‘‘(i) RENEWAL.—The Secretary of 

2 Homeland Security may renew a certifi3 cation under subparagraph (B)(ii)(II) 

4 every 6 months, after providing an oppor5 tunity for the alien to request reconsider6 ation of the certification and to submit 

7 documents or other evidence in support of 

8 that request. If the Secretary does not 

9 renew a certification, the Secretary may 

10 not continue to detain the alien under sub11 paragraph (B)(ii)(II). 

12 ‘‘(ii) DELEGATION.—Notwithstanding 

13 section 103, the Secretary of Homeland 

14 Security may not delegate the authority to 

15 make or renew a certification described in 

16 item (bb), (cc), or (dd) of subparagraph 

17 (B)(ii)(II) below the level of the Director 

18 of Immigration and Customs Enforcement. 

19 ‘‘(iii) HEARING.—The Secretary of 

20 Homeland Security may request that the 

21 Attorney General or the Attorney General’s 

22 designee provide for a hearing to make the 

23 determination described in item (dd)(BB) 

24 of subparagraph (B)(ii)(II). 


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1 ‘‘(D) RELEASE ON CONDITIONS.—If it is 

2 determined that an alien should be released 

3 from detention by a Federal court, the Board of 

4 Immigration Appeals, or if an immigration 

5 judge orders a stay of removal, the Secretary of 

6 Homeland Security, in the exercise of the Sec7 retary’s discretion, may impose conditions on 

8 release as provided in paragraph (3). 

9 ‘‘(E) REDETENTION.—The Secretary of 

10 Homeland Security, in the exercise of the Sec11 retary’s discretion, without any limitations 

12 other than those specified in this section, may 

13 again detain any alien subject to a final re14 moval order who is released from custody, if re15 moval becomes likely in the reasonably foresee16 able future, the alien fails to comply with the 

17 conditions of release, or to continue to satisfy 

18 the conditions described in subparagraph (A), 

19 or if, upon reconsideration, the Secretary, in 

20 the Secretary’s sole discretion, determines that 

21 the alien can be detained under subparagraph 

22 (B). This section shall apply to any alien re23 turned to custody pursuant to this subpara24 graph, as if the removal period terminated on 

25 the day of the redetention. 


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1 ‘‘(F) REVIEW OF DETERMINATIONS BY

2 SECRETARY.—A determination by the Secretary 

3 under this paragraph shall not be subject to re4 view by any other agency.’’. 

5 SEC. 1104. DEFINITION OF AGGRAVATED FELONY. 

6 (a) IN GENERAL.—Section 101(a)(43) of the Immi7 gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 

8 amended to read as follows: 

9 ‘‘(43) Notwithstanding any other provision of 

10 law, the term ‘aggravated felony’ means any offense, 

11 whether in violation of Federal, State, or foreign 

12 law, that is described in this paragraph. An offense 

13 described in this paragraph is— 

14 ‘‘(A) homicide (including murder in any 

15 degree, manslaughter, and vehicular man16 slaughter), rape (whether the victim was con17 scious or unconscious), statutory rape, sexual 

18 assault or battery, or any offense of a sexual 

19 nature involving an intended victim under the 

20 age of 18 years (including offenses in which the 

21 intended victim was a law enforcement officer); 

22 ‘‘(B)(i) illicit trafficking in a controlled 

23 substance (as defined in section 102 of the Con24 trolled Substances Act), including a drug trafVerDate Sep 11 2014 18:59 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H574.IH H574

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1 ficking crime (as defined in section 924(c) of 

2 title 18, United States Code); or 

3 ‘‘(ii) any offense under State law relating 

4 to a controlled substance (as so classified under 

5 State law) which is classified as a felony in that 

6 State regardless of whether the substance is 

7 classified as a controlled substance under sec8 tion 102 of the Controlled Substances Act (21 

9 U.S.C. 802); 

10 ‘‘(C) illicit trafficking in firearms or de11 structive devices (as defined in section 921 of 

12 title 18, United States Code) or in explosive 

13 materials (as defined in section 841(c) of that 

14 title); 

15 ‘‘(D) an offense described in section 1956 

16 of title 18, United States Code (relating to 

17 laundering of monetary instruments) or section 

18 1957 of that title (relating to engaging in mon19 etary transactions in property derived from spe20 cific unlawful activity) if the amount of the 

21 funds exceeded $10,000; 

22 ‘‘(E) an offense described in— 

23 ‘‘(i) section 842 or 844 of title 18, 

24 United States Code (relating to explosive 

25 materials offenses); 


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1 ‘‘(ii) section 922 or 924 of title 18, 

2 United States Code (relating to firearms 

3 offenses); or 

4 ‘‘(iii) section 5861 of the Internal 

5 Revenue Code of 1986 (relating to fire6 arms offenses); 

7 ‘‘(F) a violent crime for which the term of 

8 imprisonment is at least 1 year, including— 

9 ‘‘(i) any offense that has an element 

10 the use, attempted use, or threatened use 

11 of physical force against the person or 

12 property of another; or 

13 ‘‘(ii) any other offense in which the 

14 record of conviction establishes that the of15 fender used physical force against the per16 son or property of another in the course of 

17 committing the offense; 

18 ‘‘(G)(i) theft (including theft by deceit, 

19 theft by fraud, embezzlement, motor vehicle 

20 theft, unauthorized use of a vehicle, or receipt 

21 of stolen property), regardless of whether the 

22 intended deprivation was temporary or perma23 nent, for which the term of imprisonment is at 

24 least 1 year; or 


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1 ‘‘(ii) burglary for which the term of impris2 onment is at least 1 year; 

3 ‘‘(H) an offense described in section 875, 

4 876, 877, or 1202 of title 18, United States 

5 Code (relating to the demand for or receipt of 

6 ransom); 

7 ‘‘(I) an offense involving child pornography 

8 or sexual exploitation of a minor (including any 

9 offense described in section 2251, 2251A, or 

10 2252 of title 18, United States Code); 

11 ‘‘(J) an offense described in section 1962 

12 of title 18, United States Code (relating to 

13 racketeer influenced corrupt organizations), or 

14 an offense described in section 1084 (if it is a 

15 second or subsequent offense) or 1955 of that 

16 title (relating to gambling offenses); 

17 ‘‘(K) an offense that— 

18 ‘‘(i) relates to the owning, controlling, 

19 managing, or supervising of a prostitution 

20 business; 

21 ‘‘(ii) is described in section 2421, 

22 2422, or 2423 of title 18, United States 

23 Code (relating to transportation for the 

24 purpose of prostitution) if committed for 

25 commercial advantage; or 


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1 ‘‘(iii) is described in any of sections 

2 1581–1585 or 1588–1591 of title 18, 

3 United States Code (relating to peonage, 

4 slavery, involuntary servitude, and traf5 ficking in persons); 

6 ‘‘(L) an offense described in— 

7 ‘‘(i) section 793 (relating to gathering 

8 or transmitting national defense informa9 tion), 798 (relating to disclosure of classi10 fied information), 2153 (relating to sabo11 tage) or 2381 or 2382 (relating to treason) 

12 of title 18, United States Code; 

13 ‘‘(ii) section 601 of the National Secu14 rity Act of 1947 (50 U.S.C. 421) (relating 

15 to protecting the identity of undercover in16 telligence agents); 

17 ‘‘(iii) section 601 of the National Se18 curity Act of 1947 (relating to protecting 

19 the identity of undercover agents); 

20 ‘‘(iv) section 175 (relating to biologi21 cal weapons) of title 18, United States 

22 Code; 

23 ‘‘(v) sections 792 (harboring or con24 cealing persons who violated sections 793 

25 or 794 of title 18, United States Code), 


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1 794 (gathering or delivering defense infor2 mation to aid foreign government), 795 

3 (photographing and sketching defense in4 stallations), 796 (use of aircraft for 

5 photographing defense installations), 797 

6 (publication and sale of photographs of de7 fense installations), 799 (violation of 

8 NASA regulations for protection of facili9 ties) of title 18, United States Code; 

10 ‘‘(vi) sections 831 (prohibited trans11 actions involving nuclear materials) and 

12 832 (participation in nuclear and weapons 

13 of mass destruction threats to the United 

14 States) of title 18, United States Code; 

15 ‘‘(vii) sections 2332a–d, f–h (relating 

16 to terrorist activities) of title 18, United 

17 States Code; 

18 ‘‘(viii) sections 2339 (relating to har19 boring or concealing terrorists), 2339A (re20 lating to material support to terrorists), 

21 2339B (relating to material support or re22 sources to designated foreign terrorist or23 ganizations), 2339C (relating to financing 

24 of terrorism), 2339D (relating to receiving 


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1 military-type training from a terrorist or2 ganization) of title 18, United States Code; 

3 ‘‘(ix) section 1705 of the International 

4 Emergency Economic Powers Act (50 

5 U.S.C. 1705); or 

6 ‘‘(x) section 38 of the Arms Export 

7 Control Act (22 U.S.C. 2778); 

8 ‘‘(M) an offense that— 

9 ‘‘(i) involves fraud or deceit in which 

10 the loss to the victim or victims exceeds 

11 $10,000; or 

12 ‘‘(ii) is described in section 7201 of 

13 the Internal Revenue Code of 1986 (relat14 ing to tax evasion) in which the revenue 

15 loss to the Government exceeds $10,000; 

16 ‘‘(N) an offense described in section 274(a) 

17 (relating to alien smuggling); 

18 ‘‘(O) an offense described in section 275 or 

19 276 for which the term of imprisonment is at 

20 least 1 year; 

21 ‘‘(P) an offense which is described in chap22 ter 75 of title 18, United States Code, and for 

23 which the term of imprisonment is at least 1 

24 year; 


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1 ‘‘(Q) an offense relating to a failure to ap2 pear by a defendant for service of sentence if 

3 the underlying offense is punishable by impris4 onment for a term of 5 years or more; 

5 ‘‘(R) an offense relating to commercial 

6 bribery, counterfeiting, forgery, or trafficking in 

7 vehicles the identification numbers of which 

8 have been altered for which the term of impris9 onment is at least one year; 

10 ‘‘(S) an offense relating to obstruction of 

11 justice, perjury or subornation of perjury, or 

12 bribery of a witness; 

13 ‘‘(T) an offense relating to a failure to ap14 pear before a court pursuant to a court order 

15 to answer to or dispose of a charge of a felony 

16 for which a sentence of 2 years’ imprisonment 

17 or more may be imposed; 

18 ‘‘(U) any offense for which the term of im19 prisonment imposed was 2 years or more; 

20 ‘‘(V) an offense relating to terrorism or 

21 national security (including a conviction for a 

22 violation of any provision of chapter 113B of 

23 title 18, United States Code; 

24 ‘‘(W)(i) a single conviction for driving 

25 while intoxicated (including a conviction for 


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1 driving while under the influence of or impair2 ment by alcohol or drugs), when such impaired 

3 driving was a cause of the serious bodily injury 

4 or death of another person; or 

5 ‘‘(ii) a second or subsequent conviction for 

6 driving while intoxicated (including a conviction 

7 for driving under the influence of or impaired 

8 by alcohol or drugs); or 

9 ‘‘(X) an attempt or conspiracy to commit 

10 an offense described in this paragraph or aid11 ing, abetting, counseling, procuring, com12 manding, inducing, facilitating, or soliciting the 

13 commission of such an offense. 

14 Any determinations under this paragraph shall be 

15 made on the basis of the record of conviction. For 

16 purposes of this paragraph, a person shall be consid17 ered to have committed an aggravated felony if that 

18 person has been convicted for 3 or more mis19 demeanors not arising out the traffic laws (except 

20 for any conviction for driving under the influence or 

21 an offense that results in the death or serious bodily 

22 injury of another person) or felonies for which the 

23 aggregate term of imprisonment imposed was 3 

24 years or more, regardless of whether the convictions 

25 were all entered pursuant to a single trial or the ofVerDate Sep 11 2014 18:59 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H574.IH H574

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1 fenses arose from a single pattern or scheme of con2 duct.’’. 

3 (b) EFFECTIVE DATE; APPLICATION OF AMEND4 MENTS.— 

5 (1) IN GENERAL.—The amendments made by 

6 subsection (a)— 

7 (A) shall take effect on the date of the en8 actment of this Act; and 

9 (B) shall apply to any act or conviction 

10 that occurred before, on, or after such date. 

11 (2) APPLICATION OF IIRIRA AMENDMENTS.— 

12 The amendments to section 101(a)(43) of the Immi13 gration and Nationality Act (8 U.S.C. 1101(a)(43)) 

14 made by section 321 of the Illegal Immigration Re15 form and Immigrant Responsibility Act of 1996 (di16 vision C of Public Law 104–208; 110 Stat. 3009– 

17 627) shall continue to apply, whether the conviction 

18 was entered before, on, or after September 30, 1996. 

19 SEC. 1105. CRIME OF VIOLENCE. 

20 Section 16 of title 18, United States Code, is amend21 ed to read as follows: 

22 ‘‘§ 16. Crime of violence defined 

23 ‘‘(a) The term ‘crime of violence’ means an offense 

24 that— 


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1 ‘‘(1)(A) is murder, voluntary manslaughter, as2 sault, sexual abuse or aggravated sexual abuse, abu3 sive sexual contact, child abuse, kidnapping, robbery, 

4 carjacking, firearms use, burglary, arson, extortion, 

5 communication of threats, coercion, unauthorized 

6 use of a vehicle, fleeing, interference with flight crew 

7 members and attendants, domestic violence, hostage 

8 taking, stalking, human trafficking, or using weap9 ons of mass destruction; or 

10 ‘‘(B) involves use or unlawful possession of ex11 plosives or destructive devices described in 5845(f) 

12 of the Internal Revenue Code of 1986; 

13 ‘‘(2) has as an element the use, attempted use, 

14 or threatened use of physical force against the per15 son or property of another; or 

16 ‘‘(3) is an attempt to commit, conspiracy to 

17 commit, solicitation to commit, or aiding and abet18 ting any of the offenses set forth in paragraphs (1) 

19 and (2). 

20 ‘‘(b) In this section: 

21 ‘‘(1) The term ‘abusive sexual contact’ means 

22 conduct described in section 2244(a)(1) and (a)(2). 

23 ‘‘(2) The terms ‘aggravated sexual abuse’ and 

24 ‘sexual abuse’ mean conduct described in sections 

25 2241 and 2242. For purposes of such conduct, the 


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1 term ‘sexual act’ means conduct described in section 

2 2246(2), or the knowing and lewd exposure of geni3 talia or masturbation, to any person, with an intent 

4 to abuse, humiliate, harass, degrade, or arouse or 

5 gratify the sexual desire of any person. 

6 ‘‘(3) The term ‘assault’ means conduct de7 scribed in section 113(a), and includes conduct com8 mitted recklessly, knowingly, or intentionally. 

9 ‘‘(4) The term ‘arson’ means conduct described 

10 in section 844(i) or unlawfully or willfully damaging 

11 or destroying any building, inhabited structure, vehi12 cle, vessel, or real property by means of fire or ex13 plosive. 

14 ‘‘(5) The term ‘burglary’ means an unlawful or 

15 unprivileged entry into, or remaining in, a building 

16 or structure, including any nonpermanent or mobile 

17 structure that is adapted or used for overnight ac18 commodation or for the ordinary carrying on of busi19 ness, and, either before or after entering, the per20 son— 

21 ‘‘(A) forms the intent to commit a crime; 

22 or 

23 ‘‘(B) commits or attempts to commit a 

24 crime. 


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1 ‘‘(6) The term ‘carjacking’ means conduct de2 scribed in section 2119, or the unlawful taking of a 

3 motor vehicle from the immediate actual possession 

4 of a person against his will, by means of actual or 

5 threatened force, or violence or intimidation, or by 

6 sudden or stealthy seizure or snatching, or fear of 

7 injury. 

8 ‘‘(7) The term ‘child abuse’ means the unlawful 

9 infliction of physical injury or the commission of any 

10 sexual act against a child under fourteen by any per11 son eighteen years of age or older. 

12 ‘‘(8) The term ‘communication of threats’ 

13 means conduct described in section 844(e), or the 

14 transmission of any communications containing any 

15 threat of use of violence to— 

16 ‘‘(A) demand or request for a ransom or 

17 reward for the release of any kidnapped person; 

18 or 

19 ‘‘(B) threaten to kidnap or injure the per20 son of another. 

21 ‘‘(9) The term ‘coercion’ means causing the 

22 performance or non-performance of any act by an23 other person which under such other person has a 

24 legal right to do or to abstain from doing, through 

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1 olence, or fear thereof, including the use, or an ex2 press or implicit threat of use, of violence to cause 

3 harm, or threats to cause injury to the person, rep4 utation or property of any person. 

5 ‘‘(10) The term ‘domestic violence’ means any 

6 assault committed by a current or former spouse, 

7 parent, or guardian of the victim, by a person with 

8 whom the victim shares a child in common, by a per9 son who is cohabiting with or has cohabited with the 

10 victim as a spouse, parent, or guardian, or by a per11 son similarly situated to a spouse, parent, or guard12 ian of the victim. 

13 ‘‘(11) The term ‘extortion’ means conduct de14 scribed in section 1951(b)(2)), but not extortion 

15 under color of official right or fear of economic loss. 

16 ‘‘(12) The term ‘firearms use’ means conduct 

17 described in section 924(c) or 929(a), if the firearm 

18 was brandished, discharged, or otherwise possessed, 

19 carried, or used as a weapon and the crime of vio20 lence or drug trafficking crime during and in rela21 tion to which the firearm was possessed, carried, or 

22 used was subject to prosecution in any court of the 

23 United States, State court, military court or tri24 bunal, or tribal court. Such term also includes un25 lawfully possessing a firearm described in section 


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1 5845(a) of the Internal Revenue Code of 1986 (such 

2 as a sawed-off shotgun or sawed-off rifle, silencer, 

3 bomb, or machine gun), possession of a firearm de4 scribed in section 922(g)(1), 922(g)(2) and 

5 922(g)(4), possession of a firearm with the intent to 

6 use such firearm unlawfully, or reckless discharge of 

7 a firearm at a dwelling. 

8 ‘‘(13) The term ‘fleeing’ means knowingly oper9 ating a motor vehicle and, following a law enforce10 ment officer’s signal to bring the motor vehicle to a 

11 stop— 

12 ‘‘(A) failing or refusing to comply; or 

13 ‘‘(B) fleeing or attempting to elude a law 

14 enforcement officer. 

15 ‘‘(14) The term ‘force’ means the level of force 

16 needed or intended to overcome resistance. 

17 ‘‘(15) The term ‘hostage taking’ means conduct 

18 described in section 1203. 

19 ‘‘(16) The term ‘human trafficking’ means con20 duct described in section 1589, 1590, and 1591. 

21 ‘‘(17) The term ‘interference with flight crew 

22 members and attendants’ means conduct described 

23 in section 46504 of title 49, United States Code. 

24 ‘‘(18) The term ‘kidnapping’ means conduct de25 scribed in section 1201(a)(1) or seizing, confining, 


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1 inveigling, decoying, abducting, or carrying away 

2 and holding for ransom or reward or otherwise any 

3 person. 

4 ‘‘(19) The term ‘murder’ means conduct de5 scribed as murder in the first degree or murder in 

6 the second degree described in section 1111. 

7 ‘‘(20) The term ‘robbery’ means conduct de8 scribed in section 1951(b)(1), or the unlawful taking 

9 or obtaining of personal property from the person or 

10 in the presence of another, against his will, by 

11 means of actual or threatened force, or violence or 

12 intimidation, or by sudden or stealthy seizure or 

13 snatching, or fear of injury, immediate or future, to 

14 his person or property, or property in his custody or 

15 possession, or the person or property of a relative or 

16 member of his family or of anyone in his company 

17 at the time of the taking or obtaining. 

18 ‘‘(21) The term ‘stalking’ means conduct de19 scribed in section 2261A. 

20 ‘‘(22) The term ‘unauthorized use of a motor 

21 vehicle’ means the intentional or knowing operation 

22 of another person’s boat, airplane, or motor vehicle 

23 without the consent of the owner. 

24 ‘‘(23) The term ‘using weapons of mass de25 struction’ means conduct described in section 2332a. 


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1 ‘‘(24) The term ‘voluntary manslaughter’ 

2 means conduct described in section 1112(a). 

3 ‘‘(c) For purposes of this section, in the case of any 

4 reference in subsection (b) to an offense under this title, 

5 such reference shall include conduct that constitutes an 

6 offense under State or tribal law or under the Uniform 

7 Code of Military Justice, if such conduct would be an of8 fense under this title if a circumstance giving rise to Fed9 eral jurisdiction had existed.’’. 

10 SEC. 1106. GROUNDS OF INADMISSIBILITY AND DEPORT11 ABILITY FOR ALIEN GANG MEMBERS. 

12 (a) DEFINITION OF GANG MEMBER.—Section 101(a) 

13 of the Immigration and Nationality Act (8 U.S.C. 

14 1101(a)) is amended by inserting after paragraph (52) the 

15 following: 

16 ‘‘(53)(A) The term ‘criminal gang’ means an ongoing 

17 group, club, organization, or association of 5 or more per18 sons— 

19 ‘‘(i) that has as one of its primary purposes the 

20 commission of 1 or more of the criminal offenses de21 scribed in subparagraph (B) and the members of 

22 which engage, or have engaged within the past 5 

23 years, in a continuing series of such offenses; or 

24 ‘‘(ii) that has been designated as a criminal 

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1 sultation with the Attorney General, as meeting 

2 these criteria. 

3 ‘‘(B) The offenses described, whether in violation of 

4 Federal or State law or foreign law and regardless of 

5 whether the offenses occurred before, on, or after the date 

6 of the enactment of this paragraph, are the following: 

7 ‘‘(i) A ‘felony drug offense’ (as defined in sec8 tion 102 of the Controlled Substances Act (21 

9 U.S.C. 802)). 

10 ‘‘(ii) A felony offense involving firearms or ex11 plosives or in violation of section 931 of title 18, 

12 United States Code (relating to purchase, ownership, 

13 or possession of body armor by violent felons). 

14 ‘‘(iii) An offense under section 274 (relating to 

15 bringing in and harboring certain aliens), section 

16 277 (relating to aiding or assisting certain aliens to 

17 enter the United States), or section 278 (relating to 

18 importation of alien for immoral purpose), except 

19 that this clause does not apply in the case of an or20 ganization described in section 501(c)(3) of the In21 ternal Revenue Code of 1986 (26 U.S.C. 501(c)(3)) 

22 which is exempt from taxation under section 501(a) 

23 of such Code. 

24 ‘‘(iv) A violent crime described in section 

25 101(a)(43)(F). 


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1 ‘‘(v) A crime involving obstruction of justice, 

2 tampering with or retaliating against a witness, vic3 tim, or informant, or perjury or subornation of per4 jury. 

5 ‘‘(vi) Any conduct punishable under sections 

6 1028A and 1029 of title 18, United States Code (re7 lating to aggravated identity theft or fraud and re8 lated activity in connection with identification docu9 ments or access devices), sections 1581 through 

10 1594 of such title (relating to peonage, slavery, and 

11 trafficking in persons), section 1951 of such title 

12 (relating to interference with commerce by threats or 

13 violence), section 1952 of such title (relating to 

14 interstate and foreign travel or transportation in aid 

15 of racketeering enterprises), section 1956 of such 

16 title (relating to the laundering of monetary instru17 ments), section 1957 of such title (relating to engag18 ing in monetary transactions in property derived 

19 from specified unlawful activity), or sections 2312 

20 through 2315 of such title (relating to interstate 

21 transportation of stolen motor vehicles or stolen 

22 property). 

23 ‘‘(vii) An attempt or conspiracy to commit an 

24 offense described in this paragraph or aiding, abet25 ting, counseling, procuring, commanding, inducing, 


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1 facilitating, or soliciting the commission of an of2 fense described in clauses (i) through (vi).’’. 

3 (b) INADMISSIBILITY.—Section 212(a)(2) of such Act 

4 (8 U.S.C. 1182(a)(2)) is amended— 

5 (1) in subparagraph (A)(i)— 

6 (A) in subclause (I), by striking ‘‘or’’ at 

7 the end; and 

8 (B) by inserting after subclause (II) the 

9 following: 

10 ‘‘(III) a violation of (or a con11 spiracy or attempt to violate) any law 

12 or regulation of a State, the United 

13 States, or a foreign country relating 

14 to participation or membership in a 

15 criminal gang, or 

16 ‘‘(IV) any felony or misdemeanor 

17 offense for which the alien received a 

18 sentencing enhancement predicated on 

19 gang membership or conduct that pro20 moted, furthered, aided, or supported 

21 the illegal activity of the criminal 

22 gang,’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL

25 GANGS.— 


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1 ‘‘(i) ALIENS NOT PHYSICALLY

2 PRESENT IN THE UNITED STATES.—In the 

3 case of an alien who is not physically 

4 present in the United States: 

5 ‘‘(I) That alien is inadmissible if 

6 a consular officer, an immigration of7 ficer, the Secretary of Homeland Se8 curity, or the Attorney General knows 

9 or has reason to believe— 

10 ‘‘(aa) to be or to have been 

11 a member of a criminal gang (as 

12 defined in section 101(a)(53)); or 

13 ‘‘(bb) to have participated in 

14 the activities of a criminal gang 

15 (as defined in section 

16 101(a)(53)), knowing or having 

17 reason to know that such activi18 ties will promote, further, aid, or 

19 support the illegal activity of the 

20 criminal gang. 

21 ‘‘(II) That alien is inadmissible if 

22 a consular officer, an immigration of23 ficer, the Secretary of Homeland Se24 curity, or the Attorney General has 

25 reasonable grounds to believe the alien 


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1 has participated in, been a member of, 

2 promoted, or conspired with a crimi3 nal gang, either inside or outside of 

4 the United States. 

5 ‘‘(III) That alien is inadmissible 

6 if a consular officer, an immigration 

7 officer, the Secretary of Homeland Se8 curity, or the Attorney General has 

9 reasonable grounds to believe seeks to 

10 enter the United States or has en11 tered the United States in furtherance 

12 of the activities of a criminal gang, ei13 ther inside or outside of the United 

14 States. 

15 ‘‘(ii) ALIENS PHYSICALLY PRESENT IN THE

16 UNITED STATES.—In the case of an alien who 

17 is physically present in the United States, that 

18 alien is inadmissible if the alien— 

19 ‘‘(I) is a member of a criminal gang 

20 (as defined in section 101(a)(53)); or 

21 ‘‘(II) has participated in the activities 

22 of a criminal gang (as defined in section 

23 101(a)(53)), knowing or having reason to 

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1 ther, aid, or support the illegal activity of 

2 the criminal gang.’’. 

3 (c) DEPORTABILITY.—Section 237(a)(2) of the Im4 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

5 amended by adding at the end the following: 

6 ‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL

7 GANGS.—Any alien is deportable who— 

8 ‘‘(i) is or has been a member of a 

9 criminal gang (as defined in section 

10 101(a)(53)); 

11 ‘‘(ii) has participated in the activities 

12 of a criminal gang (as so defined), knowing 

13 or having reason to know that such activi14 ties will promote, further, aid, or support 

15 the illegal activity of the criminal gang; 

16 ‘‘(iii) has been convicted of a violation 

17 of (or a conspiracy or attempt to violate) 

18 any law or regulation of a State, the 

19 United States, or a foreign country relat20 ing to participation or membership in a 

21 criminal gang; or 

22 ‘‘(iv) any felony or misdemeanor of23 fense for which the alien received a sen24 tencing enhancement predicated on gang 

25 membership or conduct that promoted, 


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1 furthered, aided, or supported the illegal 

2 activity of the criminal gang.’’. 

3 (d) DESIGNATION.— 

4 (1) IN GENERAL.—Chapter 2 of title II of the 

5 Immigration and Nationality Act (8 U.S.C. 1182) is 

6 amended by inserting after section 219 the fol7 lowing: 

8 ‘‘DESIGNATION OF CRIMINAL GANG

9 ‘‘SEC. 220. 

10 ‘‘(a) DESIGNATION.— 

11 ‘‘(1) IN GENERAL.—The Secretary of Homeland Se12 curity, in consultation with the Attorney General, may 

13 designate a group, club, organization, or association of 5 

14 or more persons as a criminal gang if the Secretary finds 

15 that their conduct is described in section 101(a)(53). 

16 ‘‘(2) PROCEDURE.— 

17 ‘‘(A) NOTIFICATION.—Seven days before mak18 ing a designation under this subsection, the Sec19 retary shall, by classified communication, notify the 

20 Speaker and minority leader of the House of Rep21 resentatives, the President pro tempore, majority 

22 leader, and minority leader of the Senate, and the 

23 members of the relevant committees of the House of 

24 Representatives and the Senate, in writing, of the 

25 intent to designate a group, club, organization, or 


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1 association of 5 or more persons under this sub2 section and the factual basis therefor. 

3 ‘‘(B) PUBLICATION IN THE FEDERAL REG4 ISTER.—The Secretary shall publish the designation 

5 in the Federal Register seven days after providing 

6 the notification under subparagraph (A). 

7 ‘‘(3) RECORD.— 

8 ‘‘(A) IN GENERAL.—In making a designation 

9 under this subsection, the Secretary shall create an 

10 administrative record. 

11 ‘‘(B) CLASSIFIED INFORMATION.—The Sec12 retary may consider classified information in making 

13 a designation under this subsection. Classified infor14 mation shall not be subject to disclosure for such 

15 time as it remains classified, except that such infor16 mation may be disclosed to a court ex parte and in 

17 camera for purposes of judicial review under sub18 section (c). 

19 ‘‘(4) PERIOD OF DESIGNATION.— 

20 ‘‘(A) IN GENERAL.—A designation under this 

21 subsection shall be effective for all purposes until re22 voked under paragraph (5) or (6) or set aside pursu23 ant to subsection (c). 

24 ‘‘(B) REVIEW OF DESIGNATION UPON PETI25 TION.— 


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1 ‘‘(i) IN GENERAL.—The Secretary shall re2 view the designation of a criminal gang under 

3 the procedures set forth in clauses (iii) and (iv) 

4 if the designated group, club, organization, or 

5 association of 5 or more persons files a petition 

6 for revocation within the petition period de7 scribed in clause (ii). 

8 ‘‘(ii) PETITION PERIOD.—For purposes of 

9 clause (i)— 

10 ‘‘(I) if the designated group, club, or11 ganization, or association of 5 or more per12 sons has not previously filed a petition for 

13 revocation under this subparagraph, the 

14 petition period begins 2 years after the 

15 date on which the designation was made; 

16 or 

17 ‘‘(II) if the designated group, club, or18 ganization, or association of 5 or more per19 sons has previously filed a petition for rev20 ocation under this subparagraph, the peti21 tion period begins 2 years after the date of 

22 the determination made under clause (iv) 

23 on that petition. 

24 ‘‘(iii) PROCEDURES.—Any group, club, or25 ganization, or association of 5 or more persons 


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1 that submits a petition for revocation under 

2 this subparagraph of its designation as a crimi3 nal gang must provide evidence in that petition 

4 that it is not described in section 101(a)(53). 

5 ‘‘(iv) DETERMINATION.— 

6 ‘‘(I) IN GENERAL.—Not later than 

7 180 days after receiving a petition for rev8 ocation submitted under this subpara9 graph, the Secretary shall make a deter10 mination as to such revocation. 

11 ‘‘(II) CLASSIFIED INFORMATION.— 

12 The Secretary may consider classified in13 formation in making a determination in re14 sponse to a petition for revocation. Classi15 fied information shall not be subject to dis16 closure for such time as it remains classi17 fied, except that such information may be 

18 disclosed to a court ex parte and in camera 

19 for purposes of judicial review under sub20 section (c). 

21 ‘‘(III) PUBLICATION OF DETERMINA22 TION.—A determination made by the Sec23 retary under this clause shall be published 

24 in the Federal Register. 


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1 ‘‘(IV) PROCEDURES.—Any revocation 

2 by the Secretary shall be made in accord3 ance with paragraph (6). 

4 ‘‘(C) OTHER REVIEW OF DESIGNATION.— 

5 ‘‘(i) IN GENERAL.—If in a 5-year period no 

6 review has taken place under subparagraph (B), 

7 the Secretary shall review the designation of the 

8 criminal gang in order to determine whether 

9 such designation should be revoked pursuant to 

10 paragraph (6). 

11 ‘‘(ii) PROCEDURES.—If a review does not 

12 take place pursuant to subparagraph (B) in re13 sponse to a petition for revocation that is filed 

14 in accordance with that subparagraph, then the 

15 review shall be conducted pursuant to proce16 dures established by the Secretary. The results 

17 of such review and the applicable procedures 

18 shall not be reviewable in any court. 

19 ‘‘(iii) PUBLICATION OF RESULTS OF RE20 VIEW.—The Secretary shall publish any deter21 mination made pursuant to this subparagraph 

22 in the Federal Register. 

23 ‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Con24 gress, by an Act of Congress, may block or revoke a des25 ignation made under paragraph (1). 


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1 ‘‘(6) REVOCATION BASED ON CHANGE IN CIR2 CUMSTANCES.— 

3 ‘‘(A) IN GENERAL.—The Secretary may revoke 

4 a designation made under paragraph (1) at any 

5 time, and shall revoke a designation upon completion 

6 of a review conducted pursuant to subparagraphs 

7 (B) and (C) of paragraph (4) if the Secretary finds 

8 that— 

9 ‘‘(i) the group, club, organization, or asso10 ciation of 5 or more persons that has been des11 ignated as a criminal gang is no longer de12 scribed in section 101(a)(53); or 

13 ‘‘(ii) the national security or the law en14 forcement interests of the United States war15 rants a revocation. 

16 ‘‘(B) PROCEDURE.—The procedural require17 ments of paragraphs (2) and (3) shall apply to a 

18 revocation under this paragraph. Any revocation 

19 shall take effect on the date specified in the revoca20 tion or upon publication in the Federal Register if 

21 no effective date is specified. 

22 ‘‘(7) EFFECT OF REVOCATION.—The revocation of a 

23 designation under paragraph (5) or (6) shall not affect 

24 any action or proceeding based on conduct committed 

25 prior to the effective date of such revocation. 


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1 ‘‘(8) USE OF DESIGNATION IN TRIAL OR HEAR2 ING.—If a designation under this subsection has become 

3 effective under paragraph (2) an alien in a removal pro4 ceeding shall not be permitted to raise any question con5 cerning the validity of the issuance of such designation 

6 as a defense or an objection. 

7 ‘‘(b) AMENDMENTS TO A DESIGNATION.— 

8 ‘‘(1) IN GENERAL.—The Secretary may amend 

9 a designation under this subsection if the Secretary 

10 finds that the group, club, organization, or associa11 tion of 5 or more persons has changed its name, 

12 adopted a new alias, dissolved and then reconsti13 tuted itself under a different name or names, or 

14 merged with another group, club, organization, or 

15 association of 5 or more persons. 

16 ‘‘(2) PROCEDURE.—Amendments made to a 

17 designation in accordance with paragraph (1) shall 

18 be effective upon publication in the Federal Register. 

19 Paragraphs (2), (4), (5), (6), (7), and (8) of sub20 section (a) shall also apply to an amended designa21 tion. 

22 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis23 trative record shall be corrected to include the 

24 amendments as well as any additional relevant infor25 mation that supports those amendments. 


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1 ‘‘(4) CLASSIFIED INFORMATION.—The Secre2 tary may consider classified information in amending 

3 a designation in accordance with this subsection. 

4 Classified information shall not be subject to disclo5 sure for such time as it remains classified, except 

6 that such information may be disclosed to a court ex 

7 parte and in camera for purposes of judicial review 

8 under subsection (c) of this section. 

9 ‘‘(c) JUDICIAL REVIEW OF DESIGNATION.— 

10 ‘‘(1) IN GENERAL.—Not later than 30 days 

11 after publication in the Federal Register of a des12 ignation, an amended designation, or a determina13 tion in response to a petition for revocation, the des14 ignated group, club, organization, or association of 5 

15 or more persons may seek judicial review in the 

16 United States Court of Appeals for the District of 

17 Columbia Circuit. 

18 ‘‘(2) BASIS OF REVIEW.—Review under this 

19 subsection shall be based solely upon the administra20 tive record, except that the Government may submit, 

21 for ex parte and in camera review, classified infor22 mation used in making the designation, amended 

23 designation, or determination in response to a peti24 tion for revocation. 


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1 ‘‘(3) SCOPE OF REVIEW.—The Court shall hold 

2 unlawful and set aside a designation, amended des3 ignation, or determination in response to a petition 

4 for revocation the court finds to be— 

5 ‘‘(A) arbitrary, capricious, an abuse of dis6 cretion, or otherwise not in accordance with 

7 law; 

8 ‘‘(B) contrary to constitutional right, 

9 power, privilege, or immunity; 

10 ‘‘(C) in excess of statutory jurisdiction, au11 thority, or limitation, or short of statutory 

12 right; 

13 ‘‘(D) lacking substantial support in the ad14 ministrative record taken as a whole or in clas15 sified information submitted to the court under 

16 paragraph (2); or 

17 ‘‘(E) not in accord with the procedures re18 quired by law. 

19 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend20 ency of an action for judicial review of a designation, 

21 amended designation, or determination in response 

22 to a petition for revocation shall not affect the appli23 cation of this section, unless the court issues a final 

24 order setting aside the designation, amended desVerDate Sep 11 2014 18:59 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H574.IH H574

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1 ignation, or determination in response to a petition 

2 for revocation. 

3 ‘‘(d) DEFINITIONS.—As used in this section— 

4 ‘‘(1) the term ‘classified information’ has the 

5 meaning given that term in section 1(a) of the Clas6 sified Information Procedures Act (18 U.S.C. App.); 

7 ‘‘(2) the term ‘national security’ means the na8 tional defense, foreign relations, or economic inter9 ests of the United States; 

10 ‘‘(3) the term ‘relevant committees’ means the 

11 Committees on the Judiciary of the Senate and of 

12 the House of Representatives; and 

13 ‘‘(4) the term ‘Secretary’ means the Secretary 

14 of Homeland Security, in consultation with the At15 torney General.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents for such Act is amended by inserting after the 

18 item relating to section 219 the following: 

‘‘Sec. 220. Designation.’’. 

19 (e) MANDATORY DETENTION OF CRIMINAL GANG

20 MEMBERS.— 

21 (1) IN GENERAL.—Section 236(c)(1) of the Im22 migration and Nationality Act (8 U.S.C. 1226(c)(1)) 

23 is amended— 

24 (A) in subparagraph (C), by striking ‘‘or’’ 

25 at the end; 


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1 (B) in subparagraph (D), by inserting 

2 ‘‘or’’ at the end; and 

3 (C) by inserting after subparagraph (D) 

4 the following: 

5 ‘‘(E) is inadmissible under section 

6 212(a)(2)(N) or deportable under section 

7 237(a)(2)(H),’’. 

8 (2) ANNUAL REPORT.—Not later than March 1 

9 of each year (beginning 1 year after the date of the 

10 enactment of this Act), the Secretary of Homeland 

11 Security, after consultation with the appropriate 

12 Federal agencies, shall submit a report to the Com13 mittees on the Judiciary of the House of Represent14 atives and of the Senate on the number of aliens de15 tained under the amendments made by paragraph 

16 (1). 

17 (f) ASYLUM CLAIMS BASED ON GANG AFFILI18 ATION.— 

19 (1) INAPPLICABILITY OF RESTRICTION ON RE20 MOVAL TO CERTAIN COUNTRIES.—Section 

21 241(b)(3)(B) of the Immigration and Nationality 

22 Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 

23 matter preceding clause (i), by inserting ‘‘who is de24 scribed in section 212(a)(2)(N)(i) or section 

25 237(a)(2)(H)(i) or who is’’ after ‘‘to an alien’’. 


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1 (2) INELIGIBILITY FOR ASYLUM.—Section 

2 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 

3 is amended— 

4 (A) in clause (v), by striking ‘‘or’’ at the 

5 end; 

6 (B) by redesignating clause (vi) as clause 

7 (vii); and 

8 (C) by inserting after clause (v) the fol9 lowing: 

10 ‘‘(vi) the alien is described in section 

11 212(a)(2)(N)(i) or section 237(a)(2)(H)(i); 

12 or’’. 

13 (g) TEMPORARY PROTECTED STATUS.—Section 244 

14 of such Act (8 U.S.C. 1254a) is amended— 

15 (1) by striking ‘‘Attorney General’’ each place 

16 it appears and inserting ‘‘Secretary of Homeland Se17 curity’’; 

18 (2) in subparagraph (c)(2)(B)— 

19 (A) in clause (i), by striking ‘‘or’’ at the 

20 end; 

21 (B) in clause (ii), by striking the period 

22 and inserting ‘‘; or’’; and 

23 (C) by adding at the end the following: 


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1 ‘‘(iii) the alien is, or at any time has 

2 been, described in section 212(a)(2)(N) or 

3 section 237(a)(2)(H).’’; and 

4 (3) in subsection (d)— 

5 (A) by striking paragraph (3); and 

6 (B) in paragraph (4), by adding at the end 

7 the following: ‘‘The Secretary of Homeland Se8 curity may detain an alien provided temporary 

9 protected status under this section whenever 

10 appropriate under any other provision of law.’’. 

11 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

12 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

13 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

14 (1) in subclause (I), by striking ‘‘and’’; 

15 (2) in subclause (II), by adding ‘‘and’’ at the 

16 end; and 

17 (3) by adding at the end the following: 

18 ‘‘(III) no alien who is, or at any 

19 time has been, described in section 

20 212(a)(2)(N) or section 237(a)(2)(H) 

21 shall be eligible for any immigration 

22 benefit under this subparagraph;’’. 

23 (i) PAROLE.—An alien described in section 

24 212(a)(2)(N) of the Immigration and Nationality Act, as 


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1 added by subsection (b), shall not be eligible for parole 

2 under section 212(d)(5)(A) of such Act unless— 

3 (1) the alien is assisting or has assisted the 

4 United States Government in a law enforcement 

5 matter, including a criminal investigation; and 

6 (2) the alien’s presence in the United States is 

7 required by the Government with respect to such as8 sistance. 

9 (j) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on the date of the enactment 

11 of this Act and shall apply to acts that occur before, on, 

12 or after the date of the enactment of this Act. 

13 SEC. 1107. SPECIAL IMMIGRANT JUVENILE STATUS FOR IM14 MIGRANTS UNABLE TO REUNITE WITH EI15 THER PARENT. 

16 Section 101(a)(27)(J)(i) of the Immigration and Na17 tionality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 

18 striking ‘‘1 or both of the immigrant’s parents’’ and in19 serting ‘‘either of the immigrant’s parents’’. 

20 SEC. 1108. CLARIFICATION OF AUTHORITY REGARDING DE21 TERMINATIONS OF CONVICTIONS. 

22 Section 101(a)(48) of the Immigration and National 

23 Act (8 U.S.C. 1101(a)(48)) is amended by adding at the 

24 end the following: 


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1 ‘‘(C) In making a determination as to 

2 whether a conviction is for— 

3 ‘‘(i) a crime under section 212(a)(2), 

4 or 

5 ‘‘(ii) a crime under 237(a)(2), 

6 such determination shall be determined on the 

7 basis of the record of conviction and any facts 

8 established within the record of conviction. 

9 ‘‘(D) Any reversal, vacatur, expungement, 

10 or modification to a conviction, sentence, or 

11 conviction record that was granted to amelio12 rate the immigration consequences of the con13 viction, sentence, or conviction record, or was 

14 granted for rehabilitative purposes shall have no 

15 effect on the immigration consequences result16 ing from the original conviction. The alien shall 

17 have the burden of proving that the reversal, 

18 vacatur, expungement, or modification was not 

19 for such purposes. In no case in which a rever20 sal, vacatur, expungement, or modification was 

21 granted for a procedural or substantive defect 

22 in the criminal proceedings. Whether an alien 

23 has been convicted of a crime for which a sen24 tence of one year or longer may be imposed or 

25 whether the alien has been convicted for a 


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1 crime where the maximum penalty possible did 

2 not exceed one year shall be determined based 

3 on the maximum penalty allowed by the statute 

4 of conviction as of the date the offense was 

5 committed. Subsequent changes in State or 

6 Federal law which increase or decrease the sen7 tence that may be imposed for a given crime 

8 shall not be considered.’’. 

9 SEC. 1109. ADDING ATTEMPT AND CONSPIRACY TO COMMIT 

10 TERRORISM-RELATED INADMISSIBILITY 

11 GROUNDS ACTS TO THE DEFINITION OF EN12 GAGING IN TERRORIST ACTIVITY. 

13 Section 212(a)(3)(B)(iv) of the Immigration and Na14 tionality Act (8 U.S.C. 1182(a)(3)(B)(iv)) is amended— 

15 (1) in subclause (VI), by striking the period 

16 and inserting ‘‘; or’’; and 

17 (2) by adding at the end the following: 

18 ‘‘(VII) an attempt or conspiracy 

19 to do any of the foregoing.’’. 

20 SEC. 1110. CLARIFYING THE AUTHORITY OF ICE DETAIN21 ERS. 

22 (a) IN GENERAL.—Section 287(d) of the Immigra23 tion and Nationality Act (8 U.S.C. 1357(d)) is amended 

24 to read as follows: 


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1 ‘‘(d) DETAINER OF INADMISSIBLE OR DEPORTABLE

2 ALIENS.— 

3 ‘‘(1) IN GENERAL.—In the case of an individual 

4 who is arrested by any Federal, State, or local law 

5 enforcement official or other personnel for the al6 leged violation of any criminal or motor vehicle law 

7 relating to driving while intoxicated or driving under 

8 the influence (including driving while under the in9 fluence of or impairment by alcohol or drugs), the 

10 Secretary may issue a detainer regarding the indi11 vidual to any Federal, State, or local law enforce12 ment entity, official, or other personnel if the Sec13 retary has probable cause to believe that the indi14 vidual is an inadmissible or deportable alien. 

15 ‘‘(2) PROBABLE CAUSE.—Probable cause is 

16 deemed to be established if— 

17 ‘‘(A) the individual who is the subject of 

18 the detainer matches, pursuant to biometric 

19 confirmation or other Federal database records, 

20 the identity of an alien who the Secretary has 

21 reasonable grounds to believe to be inadmissible 

22 or deportable; 

23 ‘‘(B) the individual who is the subject of 

24 the detainer is the subject of ongoing removal 


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1 proceedings, including matters where a charg2 ing document has already been served; 

3 ‘‘(C) the individual who is the subject of 

4 the detainer has previously been ordered re5 moved from the United States and such an 

6 order is administratively final; 

7 ‘‘(D) the individual who is the subject of 

8 the detainer has made voluntary statements or 

9 provided reliable evidence that indicate that 

10 they are an inadmissible or deportable alien; or 

11 ‘‘(E) the Secretary otherwise has reason12 able grounds to believe that the individual who 

13 is the subject of the detainer is an inadmissible 

14 or deportable alien. 

15 ‘‘(3) TRANSFER OF CUSTODY.—If the Federal, 

16 State, or local law enforcement entity, official, or 

17 other personnel to whom a detainer is issued com18 plies with the detainer and detains for purposes of 

19 transfer of custody to the Department of Homeland 

20 Security the individual who is the subject of the de21 tainer, the Department may take custody of the in22 dividual within 48 hours (excluding weekends and 

23 holidays), but in no instance more than 96 hours, 

24 following the date that the individual is otherwise to 


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1 be released from the custody of the relevant Federal, 

2 State, or local law enforcement entity.’’. 

3 (b) IMMUNITY.— 

4 (1) IN GENERAL.—A State or a political sub5 division of a State (and the officials and personnel 

6 of the State or subdivision acting in their official ca7 pacities), and a nongovernmental entity (and its per8 sonnel) contracted by the State or political subdivi9 sion for the purpose of providing detention, acting in 

10 compliance with a Department of Homeland Secu11 rity detainer issued pursuant to this section who 

12 temporarily holds an alien in its custody pursuant to 

13 the terms of a detainer so that the alien may be 

14 taken into the custody of the Department of Home15 land Security, shall be considered to be acting under 

16 color of Federal authority for purposes of deter17 mining their liability and shall be held harmless for 

18 their compliance with the detainer in any suit seek19 ing any punitive, compensatory, or other monetary 

20 damages. 

21 (2) FEDERAL GOVERNMENT AS DEFENDANT.— 

22 In any civil action arising out of the compliance with 

23 a Department of Homeland Security detainer by a 

24 State or a political subdivision of a State (and the 

25 officials and personnel of the State or subdivision 


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1 acting in their official capacities), or a nongovern2 mental entity (and its personnel) contracted by the 

3 State or political subdivision for the purpose of pro4 viding detention, the United States Government 

5 shall be the proper party named as the defendant in 

6 the suit in regard to the detention resulting from 

7 compliance with the detainer. 

8 (3) BAD FAITH EXCEPTION.—Paragraphs (1) 

9 and (2) shall not apply to any mistreatment of an 

10 individual by a State or a political subdivision of a 

11 State (and the officials and personnel of the State 

12 or subdivision acting in their official capacities), or 

13 a nongovernmental entity (and its personnel) con14 tracted by the State or political subdivision for the 

15 purpose of providing detention. 

16 (c) PRIVATE RIGHT OF ACTION.— 

17 (1) CAUSE OF ACTION.—Any individual, or a 

18 spouse, parent, or child of that individual (if the in19 dividual is deceased), who is the victim of a murder, 

20 rape, or any felony, as defined by the State, for 

21 which an alien (as defined in section 101(a)(3) of 

22 the Immigration and Nationality Act (8 U.S.C. 

23 1101(a)(3))) has been convicted and sentenced to a 

24 term of imprisonment of at least 1 year, may bring 

25 an action against a State or political subdivision of 


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1 a State or public official acting in an official capac2 ity in the appropriate Federal court if the State or 

3 political subdivision, except as provided in paragraph 

4 (3)— 

5 (A) released the alien from custody prior 

6 to the commission of such crime as a con7 sequence of the State or political subdivision’s 

8 declining to honor a detainer issued pursuant to 

9 section 287(d)(1) of the Immigration and Na10 tionality Act (8 U.S.C. 1357(d)(1)); 

11 (B) has in effect a statute, policy, or prac12 tice not in compliance with section 642 of the 

13 Illegal Immigration Reform and Immigrant Re14 sponsibility Act of 1996 (8 U.S.C. 1373) as 

15 amended, and as a consequence of its statute, 

16 policy, or practice, released the alien from cus17 tody prior to the commission of such crime; or 

18 (C) has in effect a statute, policy, or prac19 tice requiring a subordinate political subdivision 

20 to decline to honor any or all detainers issued 

21 pursuant to section 287(d)(1) of the Immigra22 tion and Nationality Act (8 U.S.C. 1357(d)(1)), 

23 and, as a consequence of its statute, policy or 

24 practice, the subordinate political subdivision 

25 declined to honor a detainer issued pursuant to 


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1 such section, and as a consequence released the 

2 alien from custody prior to the commission of 

3 such crime. 

4 (2) LIMITATIONS ON BRINGING ACTION.—An 

5 action may not be brought under this subsection 

6 later than 10 years following the occurrence of the 

7 crime, or death of a person as a result of such 

8 crime, whichever occurs later. 

9 (3) PROPER DEFENDANT.—If a political sub10 division of a State declines to honor a detainer 

11 issued pursuant to section 287(d)(1) of the Immi12 gration and Nationality Act (8 U.S.C. 1357(d)) as 

13 a consequence of the State or another political sub14 division with jurisdiction over the subdivision prohib15 iting the subdivision through a statute or other legal 

16 requirement of the State or other political subdivi17 sion— 

18 (A) from honoring the detainer; or 

19 (B) fully complying with section 642 of the 

20 Illegal Immigration Reform and Immigrant Re21 sponsibility Act of 1996 (8 U.S.C. 1373), 

22 and, as a consequence of the statute or other legal 

23 requirement of the State or other political subdivi24 sion, the subdivision released the alien referred to in 

25 paragraph (1) from custody prior to the commission 


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1 of the crime referred to in that paragraph, the State 

2 or other political subdivision that enacted the statute 

3 or other legal requirement, shall be deemed to be the 

4 proper defendant in a cause of action under this 

5 subsection, and no such cause of action may be 

6 maintained against the political subdivision which 

7 declined to honor the detainer. 

8 (4) ATTORNEY’S FEE AND OTHER COSTS.—In 

9 any action or proceeding under this subsection the 

10 court shall allow a prevailing plaintiff a reasonable 

11 attorney’s fee as part of the costs, and include ex12 pert fees as part of the attorney’s fee. 

13 SEC. 1111. DEPARTMENT OF HOMELAND SECURITY ACCESS 

14 TO CRIME INFORMATION DATABASES. 

15 Section 105(b) of the Immigration and Nationality 

16 Act (8 U.S.C. 1105(b)) is amended— 

17 (1) in paragraph (1)— 

18 (A) by striking ‘‘the Service’’ and inserting 

19 ‘‘the Department of Homeland Security’’; and 

20 (B) by striking ‘‘visa applicant or applicant 

21 for admission’’ and inserting ‘‘visa applicant, 

22 applicant for admission, applicant for adjust23 ment of status, or applicant for any other ben24 efit under the immigration laws’’; and 


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1 (2) by inserting after paragraph (4) the fol2 lowing: 

3 ‘‘(5) The Secretary of Homeland Security shall 

4 receive, upon request, access to the information de5 scribed in paragraph (1) by means of extracts of the 

6 records for placement in the appropriate database 

7 without any fee or charge.’’. 

8 SEC. 1112. CLARIFICATION OF CONGRESSIONAL INTENT. 

9 Section 287(g) of the Immigration and Nationality 

10 Act (8 U.S.C. 1357(g)) is amended— 

11 (1) in paragraph (1) by striking ‘‘may enter’’ 

12 and all that follows through the period at the end 

13 and inserting the following: ‘‘shall enter into a writ14 ten agreement with a State, or any political subdivi15 sion of a State, upon request of the State or political 

16 subdivision, pursuant to which officers or employees 

17 of the State or subdivision, who are determined by 

18 the Secretary to be qualified to perform a function 

19 of an immigration officer in relation to the investiga20 tion, apprehension, or detention of aliens in the 

21 United States (including the transportation of such 

22 aliens across State lines to detention centers), may 

23 carry out such function at the expense of the State 

24 or political subdivision and to the extent consistent 

25 with State and local law. No request from a bona 


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1 fide State or political subdivision or bona fide law 

2 enforcement agency shall be denied absent a compel3 ling reason. No limit on the number of agreements 

4 under this subsection may be imposed. The Sec5 retary shall process requests for such agreements 

6 with all due haste, and in no case shall take not 

7 more than 90 days from the date the request is 

8 made until the agreement is consummated.’’; 

9 (2) by redesignating paragraph (2) as para10 graph (5) and paragraphs (3) through (10) as para11 graphs (7) through (14), respectively; 

12 (3) by inserting after paragraph (1) the fol13 lowing: 

14 ‘‘(2) An agreement under this subsection shall accom15 modate a requesting State or political subdivision with re16 spect to the enforcement model or combination of models, 

17 and shall accommodate a patrol model, task force model, 

18 jail model, any combination thereof, or any other reason19 able model the State or political subdivision believes is best 

20 suited to the immigration enforcement needs of its juris21 diction. 

22 ‘‘(3) No Federal program or technology directed 

23 broadly at identifying inadmissible or deportable aliens 

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1 tablishing a jail model, and shall operate in addition to 

2 any agreement under this subsection. 

3 ‘‘(4)(A) No agreement under this subsection shall be 

4 terminated absent a compelling reason. 

5 ‘‘(B)(i) The Secretary shall provide a State or polit6 ical subdivision written notice of intent to terminate at 

7 least 180 days prior to date of intended termination, and 

8 the notice shall fully explain the grounds for termination, 

9 along with providing evidence substantiating the Sec10 retary’s allegations. 

11 ‘‘(ii) The State or political subdivision shall have the 

12 right to a hearing before an administrative law judge and, 

13 if the ruling is against the State or political subdivision, 

14 to appeal the ruling to the Federal Circuit Court of Ap15 peals and, if the ruling is against the State or political 

16 subdivision, to petition the Supreme Court for certeriori. 

17 ‘‘(C) The agreement shall remain in full effect during 

18 the course of any and all legal proceedings.’’; and 

19 (4) by inserting after paragraph (5) (as redesig20 nated) the following: 

21 ‘‘(6) The Secretary of Homeland Security shall make 

22 training of State and local law enforcement officers avail23 able through as many means as possible, including 

24 through residential training at the Center for Domestic 

25 Preparedness and the Federal Law Enforcement Training 


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1 Center, onsite training held at State or local police agen2 cies or facilities, online training courses by computer, tele3 conferencing, and videotape, or the digital video display 

4 (DVD) of a training course or courses. Distance learning 

5 through a secure, encrypted, distributed learning system 

6 that has all its servers based in the United States, is scal7 able, survivable, and can have a portal in place not later 

8 than 30 days after the date of the enactment of the Secur9 ing America’s Future Act of 2018, shall be made available 

10 by the COPS Office of the Department of Justice and the 

11 Federal Law Enforcement Training Center Distributed 

12 Learning Program for State and local law enforcement 

13 personnel. Preference shall be given to private sector14 based, web-based immigration enforcement training pro15 grams for which the Federal Government has already pro16 vided support to develop.’’. 

17 TITLE II—ASYLUM REFORM 

18 SEC. 2101. CREDIBLE FEAR INTERVIEWS. 

19 Section 235(b)(1)(B)(v) of the Immigration and Na20 tionality Act (8 U.S.C. 1225(b)(1)(B)(v)) is amended by 

21 striking ‘‘claim’’ and all that follows, and inserting ‘‘claim, 

22 as determined pursuant to section 208(b)(1)(B)(iii), and 

23 such other facts as are known to the officer, that the alien 

24 could establish eligibility for asylum under section 208, 

25 and it is more probable than not that the statements made 


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1 by, and on behalf of, the alien in support of the alien’s 

2 claim are true.’’. 

3 SEC. 2102. JURISDICTION OF ASYLUM APPLICATIONS. 

4 Section 208(b)(3) of the Immigration and Nationality 

5 Act (8 U.S.C. 1158) is amended by striking subparagraph 

6 (C). 

7 SEC. 2103. RECORDING EXPEDITED REMOVAL AND CRED8 IBLE FEAR INTERVIEWS. 

9 (a) IN GENERAL.—The Secretary of Homeland Secu10 rity shall establish quality assurance procedures and take 

11 steps to effectively ensure that questions by employees of 

12 the Department of Homeland Security exercising expe13 dited removal authority under section 235(b) of the Immi14 gration and Nationality Act (8 U.S.C. 1225(b)) are asked 

15 in a uniform manner, to the extent possible, and that both 

16 these questions and the answers provided in response to 

17 them are recorded in a uniform fashion. 

18 (b) FACTORS RELATING TO SWORN STATEMENTS.— 

19 Where practicable, any sworn or signed written statement 

20 taken of an alien as part of the record of a proceeding 

21 under section 235(b)(1)(A) of the Immigration and Na22 tionality Act (8 U.S.C. 1225(b)(1)(A)) shall be accom23 panied by a recording of the interview which served as the 

24 basis for that sworn statement. 


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1 (c) INTERPRETERS.—The Secretary shall ensure that 

2 a competent interpreter, not affiliated with the govern3 ment of the country from which the alien may claim asy4 lum, is used when the interviewing officer does not speak 

5 a language understood by the alien. 

6 (d) RECORDINGS IN IMMIGRATION PROCEEDINGS.— 

7 There shall be an audio or audio visual recording of inter8 views of aliens subject to expedited removal. The recording 

9 shall be included in the record of proceeding and shall be 

10 considered as evidence in any further proceedings involv11 ing the alien. 

12 (e) NO PRIVATE RIGHT OF ACTION.—Nothing in this 

13 section shall be construed to create any right, benefit, 

14 trust, or responsibility, whether substantive or procedural, 

15 enforceable in law or equity by a party against the United 

16 States, its departments, agencies, instrumentalities, enti17 ties, officers, employees, or agents, or any person, nor does 

18 this section create any right of review in any administra19 tive, judicial, or other proceeding. 

20 SEC. 2104. SAFE THIRD COUNTRY. 

21 Section 208(a)(2)(A) of the Immigration and Nation22 ality Act (8 U.S.C. 1158(a)(2)(A)) is amended— 

23 (1) by striking ‘‘Attorney General’’ each place 

24 it appears and inserting ‘‘Secretary of Homeland Se25 curity’’; and 


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1 (2) by striking ‘‘removed, pursuant to a bilat2 eral or multilateral agreement, to’’ and inserting 

3 ‘‘removed to’’. 

4 SEC. 2105. RENUNCIATION OF ASYLUM STATUS PURSUANT 

5 TO RETURN TO HOME COUNTRY. 

6 (a) IN GENERAL.—Section 208(c) of the Immigration 

7 and Nationality Act (8 U.S.C. 1158(c)) is amended by 

8 adding at the end the following new paragraph: 

9 ‘‘(4) RENUNCIATION OF STATUS PURSUANT TO

10 RETURN TO HOME COUNTRY.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraph (B), any alien who is granted 

13 asylum status under this Act, who, absent 

14 changed country conditions, subsequently re15 turns to the country of such alien’s nationality 

16 or, in the case of an alien having no nationality, 

17 returns to any country in which such alien last 

18 habitually resided, and who applied for such 

19 status because of persecution or a well-founded 

20 fear of persecution in that country on account 

21 of race, religion, nationality, membership in a 

22 particular social group, or political opinion, 

23 shall have his or her status terminated. 

24 ‘‘(B) WAIVER.—The Secretary has discre25 tion to waive subparagraph (A) if it is estabVerDate Sep 11 2014 18:59 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H574.IH H574

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1 lished to the satisfaction of the Secretary that 

2 the alien had a compelling reason for the re3 turn. The waiver may be sought prior to depar4 ture from the United States or upon return.’’. 

5 (b) CONFORMING AMENDMENT.—Section 208(c)(3) 

6 of the Immigration and Nationality Act (8 U.S.C. 

7 1158(c)(3)) is amended by inserting after ‘‘paragraph 

8 (2)’’ the following: ‘‘or (4)’’. 

9 SEC. 2106. NOTICE CONCERNING FRIVOLOUS ASYLUM AP10 PLICATIONS. 

11 (a) IN GENERAL.—Section 208(d)(4) of the Immi12 gration and Nationality Act (8 U.S.C. 1158(d)(4)) is 

13 amended— 

14 (1) in the matter preceding subparagraph (A), 

15 by inserting ‘‘the Secretary of Homeland Security 

16 or’’ before ‘‘the Attorney General’’; 

17 (2) in subparagraph (A), by striking ‘‘and of 

18 the consequences, under paragraph (6), of knowingly 

19 filing a frivolous application for asylum; and’’ and 

20 inserting a semicolon; 

21 (3) in subparagraph (B), by striking the period 

22 and inserting ‘‘; and’’; and 

23 (4) by adding at the end the following: 

24 ‘‘(C) ensure that a written warning ap25 pears on the asylum application advising the 


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1 alien of the consequences of filing a frivolous 

2 application and serving as notice to the alien of 

3 the consequence of filing a frivolous applica4 tion.’’. 

5 (b) CONFORMING AMENDMENT.—Section 208(d)(6) 

6 of the Immigration and Nationality Act (8 U.S.C. 

7 1158(d)(6)) is amended by striking ‘‘If the’’ and all that 

8 follows and inserting: 

9 ‘‘(A) If the Secretary of Homeland Secu10 rity or the Attorney General determines that an 

11 alien has knowingly made a frivolous applica12 tion for asylum and the alien has received the 

13 notice under paragraph (4)(C), the alien shall 

14 be permanently ineligible for any benefits under 

15 this chapter, effective as the date of the final 

16 determination of such an application. 

17 ‘‘(B) An application is frivolous if the Sec18 retary of Homeland Security or the Attorney 

19 General determines, consistent with subpara20 graph (C), that— 

21 ‘‘(i) it is so insufficient in substance 

22 that it is clear that the applicant know23 ingly filed the application solely or in part 

24 to delay removal from the United States, 

25 to seek employment authorization as an 


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1 applicant for asylum pursuant to regula2 tions issued pursuant to paragraph (2), or 

3 to seek issuance of a Notice to Appeal in 

4 order to pursue Cancellation of Removal 

5 under section 240A(b); or 

6 ‘‘(ii) any of the material elements are 

7 knowingly fabricated. 

8 ‘‘(C) In determining that an application is 

9 frivolous, the Secretary or the Attorney Gen10 eral, must be satisfied that the applicant, dur11 ing the course of the proceedings, has had suffi12 cient opportunity to clarify any discrepancies or 

13 implausible aspects of the claim. 

14 ‘‘(D) For purposes of this section, a find15 ing that an alien filed a frivolous asylum appli16 cation shall not preclude the alien from seeking 

17 withholding of removal under section 241(b)(3) 

18 or protection pursuant to the Convention 

19 Against Torture.’’. 

20 SEC. 2107. ANTI-FRAUD INVESTIGATIVE WORK PRODUCT. 

21 (a) ASYLUM CREDIBILITY DETERMINATIONS.—Sec22 tion 208(b)(1)(B)(iii) of the Immigration and Nationality 

23 Act (8 U.S.C. 1158(b)(1)(B)(iii)) is amended by inserting 

24 after ‘‘all relevant factors’’ the following: ‘‘, including 


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1 statements made to, and investigative reports prepared by, 

2 immigration authorities and other government officials’’. 

3 (b) RELIEF FOR REMOVAL CREDIBILITY DETER4 MINATIONS.—Section 240(c)(4)(C) of the Immigration 

5 and Nationality Act (8 U.S.C. 1229a(c)(4)(C)) is amended 

6 by inserting after ‘‘all relevant factors’’ the following: ‘‘, 

7 including statements made to, and investigative reports 

8 prepared by, immigration authorities and other govern9 ment officials’’. 

10 SEC. 2108. PENALTIES FOR ASYLUM FRAUD. 

11 Section 1001 of title 18, United States Code, is 

12 amended by adding at the end the following: 

13 ‘‘(d) Whoever, in any matter before the Secretary of 

14 Homeland Security or the Attorney General pertaining to 

15 asylum under section 208 of the Immigration and Nation16 ality Act or withholding of removal under section 

17 241(b)(3) of such Act, knowingly and willfully— 

18 ‘‘(1) makes any materially false, fictitious, or 

19 fraudulent statement or representation; or 

20 ‘‘(2) makes or uses any false writings or docu21 ment knowing the same to contain any materially 

22 false, fictitious, or fraudulent statement or entry, 

23 shall be fined under this title or imprisoned not more than 

24 10 years, or both.’’. 


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1 SEC. 2109. STATUTE OF LIMITATIONS FOR ASYLUM FRAUD. 

2 Section 3291 of title 18, United States Code, is 

3 amended— 

4 (1) by striking ‘‘69, and sections’’ and inserting 

5 ‘‘69, sections’’; 

6 (2) by inserting ‘‘section 1546 of this title’’ be7 fore ‘‘or for conspiracy’’; and 

8 (3) by striking ‘‘offense.’’ and inserting ‘‘of9 fense or within 10 years after the fraud is discov10 ered.’’. 

11 SEC. 2110. TECHNICAL AMENDMENTS. 

12 Section 208 of the Immigration and Nationality Act 

13 (8 U.S.C. 1158) is amended— 

14 (1) in subsection (a)— 

15 (A) in paragraph (2)(D), by inserting 

16 ‘‘Secretary of Homeland Security or the’’ before 

17 ‘‘Attorney General’’; and 

18 (B) in paragraph (3), by inserting ‘‘Sec19 retary of Homeland Security or the’’ before 

20 ‘‘Attorney General’’; 

21 (2) in subsection (b)(2), by inserting ‘‘Secretary 

22 of Homeland Security or the’’ before ‘‘Attorney Gen23 eral’’ each place such term appears; 

24 (3) in subsection (c)— 


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1 (A) in paragraph (1), by striking ‘‘Attor2 ney General’’ each place such term appears and 

3 inserting ‘‘Secretary of Homeland Security’’; 

4 (B) in paragraph (2), in the matter pre5 ceding subparagraph (A), by inserting ‘‘Sec6 retary of Homeland Security or the’’ before 

7 ‘‘Attorney General’’; and 

8 (C) in paragraph (3), by inserting ‘‘Sec9 retary of Homeland Security or the’’ before 

10 ‘‘Attorney General’’; and 

11 (4) in subsection (d)— 

12 (A) in paragraph (1), by inserting ‘‘Sec13 retary of Homeland Security or the’’ before 

14 ‘‘Attorney General’’ each place such term ap15 pears; 

16 (B) in paragraph (2), by striking ‘‘Attor17 ney General’’ and inserting ‘‘Secretary of 

18 Homeland Security’’; and 

19 (C) in paragraph (5)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘Attorney General’’ and inserting ‘‘Sec22 retary of Homeland Security’’; and 

23 (ii) in subparagraph (B), by inserting 

24 ‘‘Secretary of Homeland Security or the’’ 

25 before ‘‘Attorney General’’. 


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1 TITLE III—IMMIGRATION 

2 JUDGES, FACILITIES, AND 

3 PERSONNEL 

4 SEC. 3101. FACILITIES FOR ASYLUM APPLICANTS WHO RE5 TAIN CUSTODY OF A CHILD. 

6 (a) IN GENERAL.—The designated agencies shall 

7 maintain facilities for the joint detention of Asylum Appli8 cants who retain custody of a child and the child. These 

9 facilities shall only contain individuals who are under the 

10 age of 18 or are the parents or legal guardians of individ11 uals under the age of 18. 

12 (b) FUNDING.—There are authorized to be appro13 priated for each of fiscal years 2019, 2020, and 2021 such 

14 sums as may be necessary to carry out this section. 

15 SEC. 3102. INCREASING THE NUMBER OF AUTHORIZED IM16 MIGRATION JUDGES. 

17 (a) INCREASE IN IMMIGRATION JUDGES.—The Attor18 ney General of the United States shall increase the total 

19 number of immigration judges to adjudicate pending cases 

20 and efficiently process future cases by 75 judges. 

21 (b) NECESSARY SUPPORT STAFF FOR IMMIGRATION

22 JUDGES.—To address the shortage of support staff for 

23 immigration judges, the Attorney General shall ensure 

24 that each immigration judge has sufficient support staff, 


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1 adequate technological and security resources, and appro2 priate courtroom facilities. 

3 (c) INCREASE IN BOARD OF IMMIGRATION APPEALS

4 ATTORNEYS.—The Attorney General shall increase the 

5 number of Board of Immigration Appeals staff attorneys 

6 by sixty attorneys. 

7 (d) NECESSARY SUPPORT STAFF FOR BOARD OF IM8 MIGRATION APPEALS.—To address the shortage of sup9 port staff for the Board of Immigration appeals, the At10 torney General shall ensure that the Board of Immigration 

11 Appeals and its staff attorneys has sufficient support staff 

12 and adequate technological and security resources. 

13 (e) PRIORITIZATION OF ASYLUM APPLICANTS.—Any 

14 immigration judges, Board of Immigration Appeals staff 

15 attorneys, and support staff hired under the authority of 

16 this section shall prioritize asylum applications that are 

17 filed by Asylum Applicants. 

18 (f) FUNDING.—There are authorized to be appro19 priated for fiscal years 2019, 2020, and 2021 a total of 

20 $563,000,000 to carry out this section. 

21 SEC. 3103. INCREASING THE NUMBER OF AVAILABLE DE22 PARTMENT OF HOMELAND SECURITY EM23 PLOYEES. 

24 (a) INCREASE IN ASYLUM PROCESSORS.—The Sec25 retary of Homeland Security shall increase the total numVerDate Sep 11 2014 18:59 Feb 01, 2019 Jkt 089200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H574.IH H574

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1 ber of Department personnel to that are responsible for 

2 processing asylum applications filed by Asylum Applicants 

3 by 200. There are authorized to be appropriated for each 

4 of fiscal years 2019, 2020, and 2021 such sums as may 

5 be necessary to carry out this subsection. 

6 (b) INCREASE IN BORDER PATROL AGENTS.—The 

7 Secretary of Homeland Security shall increase the number 

8 of United States Border Patrol agents by 2,000. There 

9 are authorized to be appropriated for fiscal years 2019, 

10 2020, and 2021 a total of $211,000,000 to carry out this 

11 subsection. 

12 (c) INCREASE IN ICE PERSONNEL.—The Secretary 

13 of Homeland Security shall increase the total number of 

14 United States Immigration and Customs Enforcement 

15 personnel by 750. There are authorized to be appropriated 

16 for fiscal years 2019, 2020, and 2021 a total of 

17 $571,000,000 to carry out this subsection. 

18 (d) INCREASE IN IMMIGRATION DETENTION CAPAC19 ITY.—The Secretary of Homeland Security shall increase 

20 the immigration detention capacity to a daily immigration 

21 detention capacity of not less than 52,000 detention beds. 

22 There are authorized to be appropriated for fiscal years 

23 2019, 2020, and 2021 a total of $4,200,000,000 to carry 

24 out the preceding sentence and for additional detention 


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1 personnel, transportation of detained aliens, and detention 

2 alternatives. 

3 (e) GENERAL PROVISIONS.— 

4 (1) IN GENERAL.—Positions authorized before 

5 the date of the enactment of this Act, and any exist6 ing officer vacancies within the Department of 

7 Homeland Security on such date, shall not count to8 wards the increases mandated by this section. 

9 (2) OTHER AUTHORIZED EXPENDITURES.—The 

10 Secretary is authorized to procure space, temporary 

11 facilities, and to hire the required administrative and 

12 legal support staff, on an expedited basis, to accom13 modate the additional positions authorized under 

14 this section. 

15 (3) SUBJECT TO APPROPRIATIONS.—This sec16 tion is subject to the availability of appropriations. 

17 SEC. 3104. DEFINITIONS. 

18 In this title: 

19 (1) ASYLUM APPLICANT.—The term ‘‘Asylum 

20 Applicant’’ means an alien who (a) has no perma21 nent immigration status; (b) is detained by the 

22 United States Government at or near a port of entry 

23 or within 100 miles of the border of the United 

24 States while having custody of and being in the pres25 ence of a child for whom the alien is a parent or 


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1 legal guardian; and (c) seeks, within 48 hours of de2 tention, asylum pursuant to section 208 of the Im3 migration and Nationality Act, withholding of re4 moval pursuant to section 241(b)(3) of the Immigra5 tion and Nationality Act, or withholding of removal 

6 pursuant to the Convention Against Torture. 

7 (2) ASYLUM APPLICATION.—The term ‘‘asylum 

8 application’’ means an application for asylum pursu9 ant to section 208 of the Immigration and Nation10 ality Act, an application for withholding of removal 

11 under section 241(b)(3) of the Immigration and Na12 tionality Act, and/or an application for withholding 

13 of removal pursuant to the Convention Against Tor14 ture. 

15 (3) CHILD.—The term ‘‘child’’ means an indi16 vidual who— 

17 (A) has not reached the age of 18; 

18 (B) has no permanent immigration status; 

19 and 

20 (C) was in the custody and presence of a 

21 parent or legal guardian when the parent or 

22 legal guardian was detained for illegally enter23 ing into the United States at or near a port of 

24 entry or within 100 miles of the border of the 

25 United States. 


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1 (4) DESIGNATED AGENCY.—The term ‘‘des2 ignated agency’’ means— 

3 (A) the Department of Homeland Security; 

4 (B) the Department of Justice; and 

5 (C) the Department of Health and Human 

6 Services. 

7 (5) SECRETARY.—Unless otherwise specified, 

8 the term ‘‘Secretary’’ means the Secretary of Home9 land Security. 

Æ 


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