IB 

Union Calendar No. 509 

113TH CONGRESS 

2D SESSION H. R. 2278 

[Report No. 113–678, Part I] 

To amend the Immigration and Nationality Act to improve immigration 

law enforcement within the interior of the United States, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2013 

Mr. GOWDY (for himself, Mr. GOODLATTE, Mr. SMITH of Texas, Mr. FORBES, 

Mrs. BLACKBURN, Mr. BISHOP of Utah, Mr. COBLE, Mr. POE of Texas, 

Mr. WESTMORELAND, Mr. CHAFFETZ, Mr. SENSENBRENNER, Mrs. 

BACHMANN, Mr. COLLINS of Georgia, Mr. WOODALL, Mr. MULVANEY, 

Mr. FRANKS of Arizona, Mr. PEARCE, Mr. DESANTIS, Mr. CHABOT, and 

Mr. LABRADOR) introduced the following bill; which was referred to the 

Committee on the Judiciary, and in addition to the Committees on Homeland Security, Agriculture, and Natural Resources, 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 

DECEMBER 16, 2014 

Additional sponsors: Mr. ISSA, Mr. HOLDING, Mr. MARINO, Mr. SESSIONS, 

Mr. POMPEO, Mr. CALVERT, Mr. WEBER of Texas, Mr. MCKINLEY, Mr. 

STUTZMAN, Mr. BARTON, Mr. PITTENGER, Mr. CRAMER, Mrs. LUMMIS, 

Mr. LAMALFA, Mr. PERRY, Mr. STEWART, Mr. BROOKS of Alabama, Mr. 

AUSTIN SCOTT of Georgia, Mr. MARCHANT, and Mr. GOSAR

DECEMBER 16, 2014 

Reported from the Committee on the Judiciary with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 16, 2014 

The Committees on Homeland Security, Agriculture, and Natural Resources 

discharged; committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 6, 2013] 

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A BILL 

To amend the Immigration and Nationality Act to improve 

immigration law enforcement within the interior of the 

United States, and for other purposes. 

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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. 

4 This Act may be cited as the ‘‘Strengthen and Fortify 

5 Enforcement Act’’ or the ‘‘SAFE Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—IMMIGRATION LAW ENFORCEMENT BY STATES AND 

LOCALITIES 

Sec. 101. Definitions and severability. 

Sec. 102. Immigration law enforcement by States and localities. 

Sec. 103. Listing of immigration violators in the national crime information center database. 

Sec. 104. Technology access. 

Sec. 105. State and local law enforcement provision of information about apprehended aliens. 

Sec. 106. Financial assistance to State and local police agencies that assist in the 

enforcement of immigration laws. 

Sec. 107. Increased Federal detention space. 

Sec. 108. Federal custody of inadmissible and deportable aliens in the United 

States apprehended by State or local law enforcement. 

Sec. 109. Training of State and local law enforcement personnel relating to the 

enforcement of immigration laws. 

Sec. 110. Immunity. 

Sec. 111. Criminal alien identification program. 

Sec. 112. Clarification of congressional intent. 

Sec. 113. State criminal alien assistance program (SCAAP). 

Sec. 114. State violations of enforcement of immigration laws. 

Sec. 115. Clarifying the authority of ICE detainers. 

TITLE II—NATIONAL SECURITY 

Sec. 201. Removal of, and denial of benefits to, terrorist aliens. 

Sec. 202. Terrorist bar to good moral character. 

Sec. 203. Terrorist bar to naturalization. 

Sec. 204. Denaturalization for terrorists. 

Sec. 205. Use of 1986 IRCA legalization information for national security purposes. 

Sec. 206. Background and security checks. 

Sec. 207. Technical amendments relating to the Intelligence Reform and Terrorism Prevention Act of 2004. 

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TITLE III—REMOVAL OF CRIMINAL ALIENS 

Sec. 301. Definition of aggravated felony. 

Sec. 302. Precluding admissibility of aliens convicted of aggravated felonies or 

other serious offenses. 

Sec. 303. Espionage clarification. 

Sec. 304. Prohibition of the sale of firearms to, or the possession of firearms by, 

certain aliens. 

Sec. 305. Uniform statute of limitations for certain immigration, naturalization, 

and peonage offenses. 

Sec. 306. Conforming amendment to the definition of racketeering activity. 

Sec. 307. Conforming amendments for the aggravated felony definition. 

Sec. 308. Precluding refugee or asylee adjustment of status for aggravated felons. 

Sec. 309. Inadmissibility, deportability, an detention of drunk drivers. 

Sec. 310. Detention of dangerous aliens. 

Sec. 311. Grounds of inadmissibility and deportability for alien gang members. 

Sec. 312. Extension of identity theft offenses. 

Sec. 313. Laundering of monetary instruments. 

Sec. 314. Increased criminal penalties relating to alien smuggling and related offenses. 

Sec. 315. Penalties for illegal entry or presence. 

Sec. 316. Illegal reentry. 

Sec. 317. Reform of passport, visa, and immigration fraud offenses. 

Sec. 318. Forfeiture. 

Sec. 319. Expedited removal for aliens inadmissible on criminal or security 

grounds. 

Sec. 320. Increased penalties barring the admission of convicted sex offenders failing to register and requiring deportation of sex offenders failing 

to register. 

Sec. 321. Protecting immigrants from convicted sex offenders. 

Sec. 322. Clarification to crimes of violence and crimes involving moral turpitude. 

Sec. 323. Penalties for failure to obey removal orders. 

Sec. 324. Pardons. 

TITLE IV—VISA SECURITY 

Sec. 401. Cancellation of additional visas. 

Sec. 402. Visa information sharing. 

Sec. 403. Restricting waiver of visa interviews. 

Sec. 404. Authorizing the Department of State to not interview certain ineligible 

visa applicants. 

Sec. 405. Visa refusal and revocation. 

Sec. 406. Funding for the visa security program. 

Sec. 407. Expeditious expansion of visa security program to high-risk posts. 

Sec. 408. Expedited clearance and placement of Department of Homeland Security personnel at overseas embassies and consular posts. 

Sec. 409. Accreditation requirements. 

Sec. 410. Visa fraud. 

Sec. 411. Background checks. 

Sec. 412. Number of designated school officials. 

Sec. 413. Reporting requirement. 

Sec. 414. Flight schools not certified by FAA. 

Sec. 415. Revocation of accreditation. 

Sec. 416. Report on risk assessment. 

Sec. 417. Implementation of GAO recommendations. 

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Sec. 418. Implementation of SEVIS II. 

Sec. 419. Definitions. 

TITLE V—AID TO U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 

OFFICERS 

Sec. 501. ICE immigration enforcement agents. 

Sec. 502. ICE detention enforcement officers. 

Sec. 503. Ensuring the safety of ICE officers and agents. 

Sec. 504. ICE Advisory Council. 

Sec. 505. Pilot program for electronic field processing. 

Sec. 506. Additional ICE deportation officers and support staff. 

Sec. 507. Additional ICE prosecutors. 

TITLE VI—MISCELLANEOUS ENFORCEMENT PROVISIONS 

Sec. 601. Encouraging aliens to depart voluntarily. 

Sec. 602. Deterring aliens ordered removed from remaining in the United States 

unlawfully. 

Sec. 603. Reinstatement of removal orders. 

Sec. 604. Clarification with respect to definition of admission. 

Sec. 605. Reports to Congress on the exercise and abuse of prosecutorial discretion. 

Sec. 606. Waiver of Federal laws with respect to border security actions on Department of the Interior and Department of Agriculture lands. 

Sec. 607. Biometric entry and exit data system. 

Sec. 608. Certain activities restricted. 

Sec. 609. Border Patrol mobile and rapid response teams. 

Sec. 610. GAO study on deaths in custody. 

1 TITLE I—IMMIGRATION LAW EN2 FORCEMENT BY STATES AND 

3 LOCALITIES 

4 SEC. 101. DEFINITIONS AND SEVERABILITY. 

5 (a) STATE DEFINED.—For the purposes of this title, 

6 the term ‘‘State’’ has the meaning given to such term in 

7 section 101(a)(36) of the Immigration and Nationality Act 

8 (8 U.S.C. 1101(a)(36)). 

9 (b) SECRETARY DEFINED.—For the purpose of this 

10 title, the term ‘‘Secretary’’ means the Secretary of Home11 land Security. 

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1 (c) SEVERABILITY.—If any provision of this title, or 

2 the application of such provision to any person or cir3 cumstance, is held invalid, the remainder of this title, and 

4 the application of such provision to other persons not simi5 larly situated or to other circumstances, shall not be affected 

6 by such invalidation. 

7 SEC. 102. IMMIGRATION LAW ENFORCEMENT BY STATES 

8 AND LOCALITIES. 

9 (a) IN GENERAL.—Subject to section 274A(h)(2) of the 

10 Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)), 

11 States, or political subdivisions of States, may enact, imple12 ment and enforce criminal penalties that penalize the same 

13 conduct that is prohibited in the criminal provisions of im14 migration laws (as defined in section 101(a)(17) of the Im15 migration and Nationality Act (8 U.S.C. 1101(a)(17))), as 

16 long as the criminal penalties do not exceed the relevant 

17 Federal criminal penalties (without regard to ancillary 

18 issues such as the availability of probation or pardon). 

19 States, or political subdivisions of States, may enact, imple20 ment and enforce civil penalties that penalize the same con21 duct that is prohibited in the civil provisions of immigra22 tion laws (as defined in such section 101(a)(17)), as long 

23 as the civil penalties do not exceed the relevant Federal civil 

24 penalties. 

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1 (b) LAW ENFORCEMENT PERSONNEL.—Law enforce2 ment personnel of a State, or of a political subdivision of 

3 a State, may investigate, identify, apprehend, arrest, de4 tain, or transfer to Federal custody aliens for the purposes 

5 of enforcing the immigration laws of the United States to 

6 the same extent as Federal law enforcement personnel. Law 

7 enforcement personnel of a State, or of a political subdivi8 sion of a State, may also investigate, identify, apprehend, 

9 arrest, or detain aliens for the purposes of enforcing the im10 migration laws of a State or of a political subdivision of 

11 State, as long as those immigration laws are permissible 

12 under this section. Law enforcement personnel of a State, 

13 or of a political subdivision of a State, may not remove 

14 aliens from the United States. 

15 SEC. 103. LISTING OF IMMIGRATION VIOLATORS IN THE NA16 TIONAL CRIME INFORMATION CENTER DATA17 BASE. 

18 (a) PROVISION OF INFORMATION TO THE NCIC.—Not 

19 later than 180 days after the date of the enactment of this 

20 Act and periodically thereafter as updates may require, the 

21 Secretary shall provide the National Crime Information 

22 Center of the Department of Justice with all information 

23 that the Secretary may possess regarding any alien against 

24 whom a final order of removal has been issued, any alien 

25 who has entered into a voluntary departure agreement, any 

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1 alien who has overstayed their authorized period of stay, 

2 and any alien whose visa has been revoked. The National 

3 Crime Information Center shall enter such information into 

4 the Immigration Violators File of the National Crime Infor5 mation Center database, regardless of whether— 

6 (1) the alien received notice of a final order of 

7 removal; 

8 (2) the alien has already been removed; or 

9 (3) sufficient identifying information is avail10 able with respect to the alien. 

11 (b) INCLUSION OF INFORMATION IN THE NCIC DATA12 BASE.— 

13 (1) IN GENERAL.—Section 534(a) of title 28, 

14 United States Code, is amended— 

15 (A) in paragraph (3), by striking ‘‘and’’ at 

16 the end; 

17 (B) by redesignating paragraph (4) as 

18 paragraph (5); and 

19 (C) by inserting after paragraph (3) the fol20 lowing: 

21 ‘‘(4) acquire, collect, classify, and preserve 

22 records of violations by aliens of the immigration 

23 laws of the United States, regardless of whether any 

24 such alien has received notice of the violation or 

25 whether sufficient identifying information is available 

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1 with respect to any such alien or whether any such 

2 alien has already been removed from the United 

3 States; and’’. 

4 (2) EFFECTIVE DATE.—The Attorney General 

5 and the Secretary shall ensure that the amendment 

6 made by paragraph (1) is implemented by not later 

7 than 6 months after the date of the enactment of this 

8 Act. 

9 SEC. 104. TECHNOLOGY ACCESS. 

10 States shall have access to Federal programs or tech11 nology directed broadly at identifying inadmissible or de12 portable aliens. 

13 SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVI14 SION OF INFORMATION ABOUT APPRE15 HENDED ALIENS. 

16 (a) PROVISION OF INFORMATION.—In compliance with 

17 section 642(a) of the Illegal Immigration Reform and Im18 migrant Responsibility Act of 1996 (8 U.S.C. 1373) and 

19 section 434 of the Personal Responsibility and Work Oppor20 tunity Reconciliation Act of 1996 (8 U.S.C. 1644), each 

21 State, and each political subdivision of a State, shall pro22 vide the Secretary of Homeland Security in a timely man23 ner with the information specified in subsection (b) with 

24 respect to each alien apprehended in the jurisdiction of the 

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1 State, or in the political subdivision of the State, who is 

2 believed to be inadmissible or deportable. 

3 (b) INFORMATION REQUIRED.—The information re4 ferred to in subsection (a) is as follows: 

5 (1) The alien’s name. 

6 (2) The alien’s address or place of residence. 

7 (3) A physical description of the alien. 

8 (4) The date, time, and location of the encounter 

9 with the alien and reason for stopping, detaining, ap10 prehending, or arresting the alien. 

11 (5) If applicable, the alien’s driver’s license num12 ber and the State of issuance of such license. 

13 (6) If applicable, the type of any other identi14 fication document issued to the alien, any designation 

15 number contained on the identification document, 

16 and the issuing entity for the identification document. 

17 (7) If applicable, the license plate number, make, 

18 and model of any automobile registered to, or driven 

19 by, the alien. 

20 (8) A photo of the alien, if available or readily 

21 obtainable. 

22 (9) The alien’s fingerprints, if available or read23 ily obtainable. 

24 (c) ANNUAL REPORT ON REPORTING.—The Secretary 

25 shall maintain and annually submit to the Congress a demstockstill on DSK4VPTVN1PROD with BILLS

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1 tailed report listing the States, or the political subdivisions 

2 of States, that have provided information under subsection 

3 (a) in the preceding year. 

4 (d) REIMBURSEMENT.—The Secretary shall reimburse 

5 States, and political subdivisions of a State, for all reason6 able costs, as determined by the Secretary, incurred by the 

7 State, or the political subdivision of a State, as a result 

8 of providing information under subsection (a). 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

10 authorized to be appropriated such sums as may be nec11 essary to carry out this section. 

12 (f) CONSTRUCTION.—Nothing in this section shall re13 quire law enforcement officials of a State, or of a political 

14 subdivision of a State, to provide the Secretary with infor15 mation related to a victim of a crime or witness to a crimi16 nal offense. 

17 (g) EFFECTIVE DATE.—This section shall take effect 

18 on the date that is 120 days after the date of the enactment 

19 of this Act and shall apply with respect to aliens appre20 hended on or after such date. 

21 SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL 

22 POLICE AGENCIES THAT ASSIST IN THE EN23 FORCEMENT OF IMMIGRATION LAWS. 

24 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

25 AND PROCESSING CERTAIN ALIENS.—From amounts made 

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1 available to make grants under this section, the Secretary 

2 shall make grants to States, and to political subdivisions 

3 of States, for procurement of equipment, technology, facili4 ties, and other products that facilitate and are directly re5 lated to investigating, apprehending, arresting, detaining, 

6 or transporting aliens who are inadmissible or deportable, 

7 including additional administrative costs incurred under 

8 this title. 

9 (b) ELIGIBILITY.—To be eligible to receive a grant 

10 under this section, a State, or a political subdivision of a 

11 State, must have the authority to, and shall have a written 

12 policy and a practice to, assist in the enforcement of the 

13 immigration laws of the United States in the course of car14 rying out the routine law enforcement duties of such State 

15 or political subdivision of a State. Entities covered under 

16 this section may not have any policy or practice that pre17 vents local law enforcement from inquiring about a sus18 pect’s immigration status. 

19 (c) FUNDING.—There is authorized to be appropriated 

20 for grants under this section such sums as may be necessary 

21 for fiscal year 2014 and each subsequent fiscal year. 

22 (d) GAO AUDIT.—Not later than 3 years after the date 

23 of the enactment of this Act, the Comptroller General of the 

24 United States shall conduct an audit of funds distributed 

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1 to States, and to political subdivisions of a State, under 

2 subsection (a). 

3 SEC. 107. INCREASED FEDERAL DETENTION SPACE. 

4 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

5 FACILITIES.— 

6 (1) IN GENERAL.—The Secretary shall construct 

7 or acquire, in addition to existing facilities for the de8 tention of aliens, detention facilities in the United 

9 States, for aliens detained pending removal from the 

10 United States or a decision regarding such removal. 

11 Each facility shall have a number of beds necessary 

12 to effectuate the purposes of this title. 

13 (2) DETERMINATIONS.—The location of any de14 tention facility built or acquired in accordance with 

15 this subsection shall be determined by the Secretary. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

17 authorized to be appropriated such sums as may be nec18 essary to carry out this section. 

19 (c) TECHNICAL AND CONFORMING AMENDMENT.—Sec20 tion 241(g)(1) of the Immigration and Nationality Act (8 

21 U.S.C. 1231(g)(1)) is amended by striking ‘‘may expend’’ 

22 and inserting ‘‘shall expend’’. 

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1 SEC. 108. FEDERAL CUSTODY OF INADMISSIBLE AND DE2 PORTABLE ALIENS IN THE UNITED STATES 

3 APPREHENDED BY STATE OR LOCAL LAW EN4 FORCEMENT. 

5 (a) STATE APPREHENSION.— 

6 (1) IN GENERAL.—Title II of the Immigration 

7 and Nationality Act (8 U.S.C. 1151 et seq.) is amend8 ed by inserting after section 240C the following: 

9 ‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS

10 PRESENT IN THE UNITED STATES

11 ‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY STATE

12 AND LOCAL OFFICIALS.—If a State, or a political subdivi13 sion of the State, exercising authority with respect to the 

14 apprehension or arrest of an inadmissible or deportable 

15 alien submits to the Secretary of Homeland Security a re16 quest that the alien be taken into Federal custody, notwith17 standing any other provision of law, regulation, or policy 

18 the Secretary— 

19 ‘‘(1) shall take the alien into custody not later 

20 than 48 hours after the detainer has been issued fol21 lowing the conclusion of the State or local charging 

22 process or dismissal process, or if no State or local 

23 charging or dismissal process is required, the Sec24 retary should issue a detainer and take the alien into 

25 custody not later than 48 hours after the alien is ap26 prehended, in order to determine whether the alien 

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1 should be detained, placed in removal proceedings, re2 leased, or removed; and 

3 ‘‘(2) shall request that the relevant State or local 

4 law enforcement agency temporarily hold the alien in 

5 their custody or transport the alien for transfer to 

6 Federal custody. 

7 ‘‘(b) POLICY ON DETENTION IN FEDERAL, CONTRACT, 

8 STATE, OR LOCAL DETENTION FACILITIES.—In carrying 

9 out section 241(g)(1), the Attorney General or Secretary of 

10 Homeland Security shall ensure that an alien arrested 

11 under this title shall be held in custody, pending the alien’s 

12 examination under this section, in a Federal, contract, 

13 State, or local prison, jail, detention center, or other com14 parable facility. Notwithstanding any other provision of 

15 law, regulation or policy, such facility is adequate for de16 tention, if— 

17 ‘‘(1) such a facility is the most suitably located 

18 Federal, contract, State, or local facility available for 

19 such purpose under the circumstances; 

20 ‘‘(2) an appropriate arrangement for such use of 

21 the facility can be made; and 

22 ‘‘(3) the facility satisfies the standards for the 

23 housing, care, and security of persons held in custody 

24 by a United States Marshal. 

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1 ‘‘(c) REIMBURSEMENT.—The Secretary of Homeland 

2 Security shall reimburse a State, and a political subdivi3 sion of a State, for all reasonable expenses, as determined 

4 by the Secretary, incurred by the State, or political subdivi5 sion, as a result of the incarceration and transportation 

6 of an alien who is inadmissible or deportable as described 

7 in subsections (a) and (b). Compensation provided for costs 

8 incurred under such subsections shall be the average cost 

9 of incarceration of a prisoner in the relevant State, as deter10 mined by the chief executive officer of a State, or of a polit11 ical subdivision of a State, plus the cost of transporting 

12 the alien from the point of apprehension to the place of de13 tention, and to the custody transfer point if the place of 

14 detention and place of custody are different. 

15 ‘‘(d) SECURE FACILITIES.—The Secretary of Home16 land Security shall ensure that aliens incarcerated pursu17 ant to this title are held in facilities that provide an appro18 priate level of security. 

19 ‘‘(e) TRANSFER.— 

20 ‘‘(1) IN GENERAL.—In carrying out this section, 

21 the Secretary of Homeland Security shall establish a 

22 regular circuit and schedule for the prompt transfer 

23 of apprehended aliens from the custody of States, and 

24 political subdivisions of a State, to Federal custody. 

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1 ‘‘(2) CONTRACTS.—The Secretary may enter into 

2 contracts, including appropriate private contracts, to 

3 implement this subsection.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents of such Act is amended by inserting after the 

6 item relating to section 240C the following new item: 

‘‘Sec. 240D. Custody of inadmissible and deportable aliens present in the United 

States.’’. 

7 (b) GAO AUDIT.—Not later than 3 years after the date 

8 of the enactment of this Act, the Comptroller General of the 

9 United States shall conduct an audit of compensation to 

10 States, and to political subdivisions of a State, for the in11 carceration of inadmissible or deportable aliens under sec12 tion 240D(a) of the Immigration and Nationality Act (as 

13 added by subsection (a)(1)). 

14 (c) EFFECTIVE DATE.—Section 240D of the Immigra15 tion and Nationality Act, as added by subsection (a), shall 

16 take effect on the date of the enactment of this Act, except 

17 that subsection (e) of such section shall take effect on the 

18 date that is 120 day after the date of the enactment of this 

19 Act. 

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1 SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCE2 MENT PERSONNEL RELATING TO THE EN3 FORCEMENT OF IMMIGRATION LAWS. 

4 (a) ESTABLISHMENT OF TRAINING MANUAL AND

5 POCKET GUIDE.—Not later than 180 days after the date 

6 of the enactment of this Act, the Secretary shall establish— 

7 (1) a training manual for law enforcement per8 sonnel of a State, or of a political subdivision of a 

9 State, to train such personnel in the investigation, 

10 identification, apprehension, arrest, detention, and 

11 transfer to Federal custody of inadmissible and de12 portable aliens in the United States (including the 

13 transportation of such aliens across State lines to de14 tention centers and the identification of fraudulent 

15 documents); and 

16 (2) an immigration enforcement pocket guide for 

17 law enforcement personnel of a State, or of a political 

18 subdivision of a State, to provide a quick reference for 

19 such personnel in the course of duty. 

20 (b) AVAILABILITY.—The training manual and pocket 

21 guide established in accordance with subsection (a) shall be 

22 made available to all State and local law enforcement per23 sonnel. 

24 (c) APPLICABILITY.—Nothing in this section shall be 

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1 sonnel to carry the training manual or pocket guide with 

2 them while on duty. 

3 (d) COSTS.—The Secretary shall be responsible for any 

4 costs incurred in establishing the training manual and 

5 pocket guide. 

6 (e) TRAINING FLEXIBILITY.— 

7 (1) IN GENERAL.—The Secretary shall make 

8 training of State and local law enforcement officers 

9 available through as many means as possible, includ10 ing through residential training at the Center for Do11 mestic Preparedness, onsite training held at State or 

12 local police agencies or facilities, online training 

13 courses by computer, teleconferencing, and videotape, 

14 or the digital video display (DVD) of a training 

15 course or courses. E-learning through a secure, 

16 encrypted distributed learning system that has all its 

17 servers based in the United States, is scalable, surviv18 able, and can have a portal in place not later than 

19 30 days after the date of the enactment of this Act, 

20 shall be made available by the Federal Law Enforce21 ment Training Center Distributed Learning Program 

22 for State and local law enforcement personnel. 

23 (2) FEDERAL PERSONNEL TRAINING.—The train24 ing of State and local law enforcement personnel 

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1 under this section shall not displace the training of 

2 Federal personnel. 

3 (3) CLARIFICATION.—Nothing in this title or 

4 any other provision of law shall be construed as mak5 ing any immigration-related training a requirement 

6 for, or prerequisite to, any State or local law enforce7 ment officer to assist in the enforcement of Federal 

8 immigration laws. 

9 (4) PRIORITY.—In carrying out this subsection, 

10 priority funding shall be given for existing web-based 

11 immigration enforcement training systems. 

12 SEC. 110. IMMUNITY. 

13 Notwithstanding any other provision of law, a law en14 forcement officer of a State or local law enforcement agency 

15 who is acting within the scope of the officer’s official duties 

16 shall be immune, to the same extent as a Federal law en17 forcement officer, from personal liability arising out of the 

18 performance of any duty described in this title, including 

19 the authorities to investigate, identify, apprehend, arrest, 

20 detain, or transfer to Federal custody, an alien for the pur21 poses of enforcing the immigration laws of the United 

22 States (as defined in section 101(a)(17) of the Immigration 

23 and Nationality Act (8 U.S.C. 1101(a)(17)) or the immi24 gration laws of a State or a political subdivision of a State. 

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1 SEC. 111. CRIMINAL ALIEN IDENTIFICATION PROGRAM. 

2 (a) CONTINUATION AND EXPANSION.— 

3 (1) IN GENERAL.—The Secretary shall continue 

4 to operate and implement a program that— 

5 (A) identifies removable criminal aliens in 

6 Federal and State correctional facilities; 

7 (B) ensures such aliens are not released into 

8 the community; and 

9 (C) removes such aliens from the United 

10 States after the completion of their sentences. 

11 (2) EXPANSION.—The program shall be extended 

12 to all States. Any State that receives Federal funds 

13 for the incarceration of criminal aliens (pursuant to 

14 the State Criminal Alien Assistance Program author15 ized under section 241(i) of the Immigration and Na16 tionality Act (8 U.S.C. 1231(i)) or other similar pro17 gram) shall— 

18 (A) cooperate with officials of the program; 

19 (B) expeditiously and systematically iden20 tify criminal aliens in its prison and jail popu21 lations; and 

22 (C) promptly convey such information to of23 ficials of such program as a condition of receiv24 ing such funds. 

25 (b) AUTHORIZATION FOR DETENTION AFTER COMPLE26 TION OF STATE OR LOCAL PRISON SENTENCE.—Law enmstockstill on DSK4VPTVN1PROD with BILLS

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1 forcement officers of a State, or of a political subdivision 

2 of a State, are authorized to— 

3 (1) hold a criminal alien for a period of up to 

4 14 days after the alien has completed the alien’s sen5 tence under State or local law in order to effectuate 

6 the transfer of the alien to Federal custody when the 

7 alien is inadmissible or deportable; or 

8 (2) issue a detainer that would allow aliens who 

9 have served a prison sentence under State or local law 

10 to be detained by the State or local prison or jail 

11 until the Secretary can take the alien into custody. 

12 (c) TECHNOLOGY USAGE.—Technology, such as video 

13 conferencing, shall be used to the maximum extent prac14 ticable in order to make the program available in remote 

15 locations. Mobile access to Federal databases of aliens and 

16 live scan technology shall be used to the maximum extent 

17 practicable in order to make these resources available to 

18 State and local law enforcement agencies in remote loca19 tions. 

20 (d) EFFECTIVE DATE.—This section shall take effect 

21 of the date of the enactment of this Act, except that sub22 section (a)(2) shall take effect on the date that is 180 days 

23 after such date. 

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1 SEC. 112. CLARIFICATION OF CONGRESSIONAL INTENT. 

2 Section 287(g) of the Immigration and Nationality 

3 Act (8 U.S.C. 1357(g)) is amended— 

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

5 and all that follows through the period at the end and 

6 inserting the following: ‘‘shall enter into a written 

7 agreement with a State, or any political subdivision 

8 of a State, upon request of the State or political sub9 division, pursuant to which an officer or employee of 

10 the State or subdivision, who is determined by the 

11 Secretary to be qualified to perform a function of an 

12 immigration officer in relation to the investigation, 

13 apprehension, or detention of aliens in the United 

14 States (including the transportation of such aliens 

15 across State lines to detention centers), may carry out 

16 such function at the expense of the State or political 

17 subdivision and to extent consistent with State and 

18 local law. No request from a bona fide State or polit19 ical subdivision or bona fide law enforcement agency 

20 shall be denied absent a compelling reason. No limit 

21 on the number of agreements under this subsection 

22 may be imposed. The Secretary shall process requests 

23 for such agreements with all due haste, and in no case 

24 shall take not more than 90 days from the date the 

25 request is made until the agreement is con26 summated.’’; 

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1 (2) by redesignating paragraph (2) as para2 graph (5) and paragraphs (3) through (10) as para3 graphs (7) through (14), respectively; 

4 (3) by inserting after paragraph (1) the fol5 lowing: 

6 ‘‘(2) An agreement under this subsection shall accom7 modate a requesting State or political subdivision with re8 spect to the enforcement model or combination of models, 

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

10 jail model, any combination thereof, or any other reasonable 

11 model the State or political subdivision believes is best suit12 ed to the immigration enforcement needs of its jurisdiction. 

13 ‘‘(3) No Federal program or technology directed broad14 ly at identifying inadmissible or deportable aliens shall 

15 substitute for such agreements, including those establishing 

16 a jail model, and shall operate in addition to any agree17 ment under this subsection. 

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

19 terminated absent a compelling reason. 

20 ‘‘(B)(i) The Secretary shall provide a State or political 

21 subdivision written notice of intent to terminate at least 

22 180 days prior to date of intended termination, and the 

23 notice shall fully explain the grounds for termination, along 

24 with providing evidence substantiating the Secretary’s alle25 gations. 

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

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

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

4 to appeal the ruling to the Federal Circuit Court of Appeals 

5 and, if the ruling is against the State or political subdivi6 sion, to the Supreme Court. 

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

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

9 (4) by inserting after paragraph (5) (as redesig10 nated) the following: 

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

12 training of State and local law enforcement officers avail13 able through as many means as possible, including through 

14 residential training at the Center for Domestic Prepared15 ness and the Federal Law Enforcement Training Center, 

16 onsite training held at State or local police agencies or fa17 cilities, online training courses by computer, teleconfer18 encing, and videotape, or the digital video display (DVD) 

19 of a training course or courses. Distance learning through 

20 a secure, encrypted distributed learning system that has all 

21 its servers based in the United States, is scalable, surviv22 able, and can have a portal in place not later than 30 days 

23 after the date of the enactment of this Act, shall be made 

24 available by the COPS Office of the Department of Justice 

25 and the Federal Law Enforcement Training Center Distribmstockstill on DSK4VPTVN1PROD with BILLS

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1 uted Learning Program for State and local law enforcement 

2 personnel. Preference shall be given to private sector-based 

3 web-based immigration enforcement training programs for 

4 which the Federal Government has already provided sup5 port to develop.’’. 

6 SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

7 (SCAAP). 

8 Section 241(i) of the Immigration and Nationality Act 

9 (8 U.S.C. 1231(i)) is amended— 

10 (1) by striking ‘‘Attorney General’’ the first place 

11 such term appears and inserting ‘‘Secretary of Home12 land Security’’; 

13 (2) by striking ‘‘Attorney General’’ each place 

14 such term appears thereafter and inserting ‘‘Sec15 retary’’; 

16 (3) in paragraph (3)(A), by inserting ‘‘charged 

17 with or’’ before ‘‘convicted’’; and 

18 (4) by amending paragraph (5) to read as fol19 lows: 

20 ‘‘(5) There are authorized to be appropriated to 

21 carry out this subsection such sums as may be nec22 essary for fiscal year 2014 and each subsequent fiscal 

23 year.’’. 

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1 SEC. 114. STATE VIOLATIONS OF ENFORCEMENT OF IMMI2 GRATION LAWS. 

3 (a) IN GENERAL.—Section 642 of the Illegal Immigra4 tion Reform and Immigrant Responsibility Act of 1996 (8 

5 U.S.C. 1373) is amended— 

6 (1) by striking ‘‘Immigration and Naturaliza7 tion Service’’ each place it appears and inserting 

8 ‘‘Department of Homeland Security’’; 

9 (2) in subsection (a), by striking ‘‘may’’ and in10 serting ‘‘shall’’; 

11 (3) in subsection (b)— 

12 (A) by striking ‘‘no person or agency may’’ 

13 and inserting ‘‘a person or agency shall not’’; 

14 (B) by striking ‘‘doing any of the following 

15 with respect to information’’ and inserting ‘‘un16 dertaking any of the following law enforcement 

17 activities’’; and 

18 (C) by striking paragraphs (1) through (3) 

19 and inserting the following: 

20 ‘‘(1) Notifying the Federal Government regard21 ing the presence of inadmissible and deportable aliens 

22 who are encountered by law enforcement personnel of 

23 a State or political subdivision of a State. 

24 ‘‘(2) Complying with requests for information 

25 from Federal law enforcement. 

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1 ‘‘(3) Complying with detainers issued by the De2 partment of Homeland Security. 

3 ‘‘(4) Issuing policies in the form of a resolutions, 

4 ordinances, administrative actions, general or special 

5 orders, or departmental policies that violate Federal 

6 law or restrict a State or political subdivision of a 

7 State from complying with Federal law or coordi8 nating with Federal law enforcement.’’; and 

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

10 ‘‘(d) COMPLIANCE.— 

11 ‘‘(1) IN GENERAL.—A State, or a political sub12 division of a State, that has in effect a statute, policy, 

13 or practice that prohibits law enforcement officers of 

14 the State, or of a political subdivision of the State, 

15 from assisting or cooperating with Federal immigra16 tion law enforcement in the course of carrying out the 

17 officers’ routine law enforcement duties shall not be 

18 eligible to receive— 

19 ‘‘(A) any of the funds that would otherwise 

20 be allocated to the State or political subdivision 

21 under section 241(i) of the Immigration and Na22 tionality Act (8 U.S.C. 1231(i)) or the ‘Cops on 

23 the Beat’ program under part Q of title I of the 

24 Omnibus Crime Control and Safe Streets Act of 

25 1968 (42 U.S.C. 3796dd et seq.); or 

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1 ‘‘(B) any other law enforcement or Depart2 ment of Homeland Security grant. 

3 ‘‘(2) ANNUAL DETERMINATION.—The Secretary 

4 shall determine annually which State or political sub5 division of a State are not in compliance with this 

6 section and shall report such determinations to Con7 gress on March 1 of each year. 

8 ‘‘(3) REPORTS.—The Attorney General shall 

9 issue a report concerning the compliance of any par10 ticular State or political subdivision at the request of 

11 the House or Senate Judiciary Committee. Any juris12 diction that is found to be out of compliance shall be 

13 ineligible to receive Federal financial assistance as 

14 provided in paragraph (1) for a minimum period of 

15 1 year, and shall only become eligible again after the 

16 Attorney General certifies that the jurisdiction is in 

17 compliance. 

18 ‘‘(4) REALLOCATION.—Any funds that are not 

19 allocated to a State or to a political subdivision of a 

20 State, due to the failure of the State, or of the polit21 ical subdivision of the State, to comply with sub22 section (c) shall be reallocated to States, or to polit23 ical subdivisions of States, that comply with such 

24 subsection. 

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1 ‘‘(e) CONSTRUCTION.—Nothing in this section shall re2 quire law enforcement officials from States, or from polit3 ical subdivisions of States, to report or arrest victims or 

4 witnesses of a criminal offense.’’. 

5 (b) EFFECTIVE DATE.—The amendments made by this 

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

7 Act, except that subsection (d) of section 642 of the Illegal 

8 Immigration Reform and Immigrant Responsibility Act of 

9 1996 (8 U.S.C. 1373), as added by this section, shall take 

10 effect beginning one year after the date of the enactment 

11 of this Act. 

12 SEC. 115. CLARIFYING THE AUTHORITY OF ICE DETAINERS. 

13 Except as otherwise provided by Federal law or rule 

14 of procedure, the Secretary of Homeland Security shall exe15 cute all lawful writs, process, and orders issued under the 

16 authority of the United States, and shall command all nec17 essary assistance to execute the Secretary’s duties. 

18 TITLE II—NATIONAL SECURITY 

19 SEC. 201. REMOVAL OF, AND DENIAL OF BENEFITS TO, TER20 RORIST ALIENS. 

21 (a) ASYLUM.—Section 208(b)(2)(A) of the Immigra22 tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 

23 amended— 

24 (1) by inserting ‘‘or the Secretary of Homeland 

25 Security’’ after ‘‘if the Attorney General’’; and 

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1 (2) by amending clause (v) to read as follows: 

2 ‘‘(v) the alien is described in subpara3 graph (B)(i) or (F) of section 212(a)(3), un4 less, in the case of an alien described in sub5 paragraph (IV), (V), or (IX) of section 

6 212(a)(3)(B)(i), the Secretary of Homeland 

7 Security or the Attorney General deter8 mines, in the discretion of the Secretary or 

9 the Attorney General, that there are not rea10 sonable grounds for regarding the alien as 

11 a danger to the security of the United 

12 States; or’’. 

13 (b) CANCELLATION OF REMOVAL.—Section 240A(c)(4) 

14 of such Act (8 U.S.C. 1229b(c)(4)) is amended— 

15 (1) by striking ‘‘inadmissible under’’ and insert16 ing ‘‘described in’’; and 

17 (2) by striking ‘‘deportable under’’ and inserting 

18 ‘‘described in’’. 

19 (c) VOLUNTARY DEPARTURE.—Section 240B(b)(1)(C) 

20 of such Act (8 U.S.C. 1229c(b)(1)(C)) is amended by strik21 ing ‘‘deportable under section 237(a)(2)(A)(iii) or section 

22 237(a)(4);’’ and inserting ‘‘described in paragraph 

23 (2)(A)(iii) or (4) of section 237(a);’’. 

24 (d) RESTRICTION ON REMOVAL.—Section 241(b)(3)(B) 

25 of such Act (8 U.S.C. 1231(b)(3)(B)) is amended— 

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1 (1) by inserting ‘‘or the Secretary of Homeland 

2 Security’’ after ‘‘Attorney General’’ each place it ap3 pears; 

4 (2) in clause (iii), by striking ‘‘or’’ at the end; 

5 (3) in clause (iv), by striking the period at the 

6 end and inserting ‘‘; or’’; 

7 (4) by inserting after clause (iv) the following: 

8 ‘‘(v) the alien is described in subpara9 graph (B)(i) or (F) of section 212(a)(3), un10 less, in the case of an alien described in sub11 paragraph (IV), (V), or (IX) of section 

12 212(a)(3)(B)(i), the Secretary of Homeland 

13 Security or the Attorney General deter14 mines, in discretion of the Secretary or the 

15 Attorney General, that there are not reason16 able grounds for regarding the alien as a 

17 danger to the security of the United 

18 States.’’; and 

19 (5) by striking the final sentence. 

20 (e) RECORD OF ADMISSION.— 

21 (1) IN GENERAL.—Section 249 of such Act (8 

22 U.S.C. 1259) is amended to read as follows: 

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1 ‘‘RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN

2 THE CASE OF CERTAIN ALIENS WHO ENTERED THE

3 UNITED STATES PRIOR TO JANUARY 1, 1972

4 ‘‘SEC. 249. The Secretary of Homeland Security, in 

5 the discretion of the Secretary and under such regulations 

6 as the Secretary may prescribe, may enter a record of law7 ful admission for permanent residence in the case of any 

8 alien, if no such record is otherwise available and the 

9 alien— 

10 ‘‘(1) entered the United States before January 1, 

11 1972; 

12 ‘‘(2) has continuously resided in the United 

13 States since such entry; 

14 ‘‘(3) has been a person of good moral character 

15 since such entry; 

16 ‘‘(4) is not ineligible for citizenship; 

17 ‘‘(5) is not described in paragraph (1)(A)(iv), 

18 (2), (3), (6)(C), (6)(E), or (8) of section 212(a); and 

19 ‘‘(6) did not, at any time, without reasonable 

20 cause fail or refuse to attend or remain in attendance 

21 at a proceeding to determine the alien’s inadmis22 sibility or deportability. 

23 Such recordation shall be effective as of the date of approval 

24 of the application or as of the date of entry if such entry 

25 occurred prior to July 1, 1924.’’. 

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1 (2) CLERICAL AMENDMENT.—The table of con2 tents for such Act is amended by amending the item 

3 relating to section 249 to read as follows: 

‘‘Sec. 249. Record of admission for permanent residence in the case of certain 

aliens who entered the United States prior to January 1, 1972.’’. 

4 (f) EFFECTIVE DATE.—The amendments made by this 

5 section shall take effect on the date of enactment of this Act 

6 and sections 208(b)(2)(A), 212(a), 240A, 240B, 241(b)(3), 

7 and 249 of the Immigration and Nationality Act, as so 

8 amended, shall apply to— 

9 (1) all aliens in removal, deportation, or exclu10 sion proceedings; 

11 (2) all applications pending on, or filed after, 

12 the date of the enactment of this Act; and 

13 (3) with respect to aliens and applications de14 scribed in paragraph (1) or (2) of this subsection, acts 

15 and conditions constituting a ground for exclusion, 

16 deportation, or removal occurring or existing before, 

17 on, or after the date of the enactment of this Act. 

18 SEC. 202. TERRORIST BAR TO GOOD MORAL CHARACTER. 

19 (a) DEFINITION OF GOOD MORAL CHARACTER.—Sec20 tion 101(f) of the Immigration and Nationality Act (8 

21 U.S.C. 1101(f)) is amended— 

22 (1) by inserting after paragraph (1) the fol23 lowing: 

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1 ‘‘(2) one who the Secretary of Homeland Secu2 rity or Attorney General determines to have been at 

3 any time an alien described in section 212(a)(3) or 

4 237(a)(4), which determination may be based upon 

5 any relevant information or evidence, including clas6 sified, sensitive, or national security information;’’; 

7 (2) in paragraph (8), by inserting ‘‘, regardless 

8 whether the crime was classified as an aggravated fel9 ony at the time of conviction, except that the Sec10 retary of Homeland Security or Attorney General 

11 may, in the unreviewable discretion of the Secretary 

12 or Attorney General, determine that this paragraph 

13 shall not apply in the case of a single aggravated fel14 ony conviction (other than murder, manslaughter, 

15 homicide, rape, or any sex offense when the victim of 

16 such sex offense was a minor) for which completion 

17 of the term of imprisonment or the sentence (which18 ever is later) occurred 10 or more years prior to the 

19 date of application’’ after ‘‘(as defined in subsection 

20 (a)(43))’’; and 

21 (3) in the matter following paragraph (9), by 

22 striking the first sentence and inserting the following: 

23 ‘‘The fact that any person is not within any of the 

24 foregoing classes shall not preclude a discretionary 

25 finding for other reasons that such a person is or was 

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1 not of good moral character. The Secretary or the At2 torney General shall not be limited to the applicant’s 

3 conduct during the period for which good moral char4 acter is required, but may take into consideration as 

5 a basis for determination the applicant’s conduct and 

6 acts at any time.’’ 

7 (b) AGGRAVATED FELONS.—Section 509(b) of the Im8 migration Act of 1990 (8 U.S.C. 1101 note) is amended 

9 to read as follows: 

10 ‘‘(b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall take effect on November 29, 1990, and 

12 shall apply to convictions occurring before, on or after such 

13 date.’’. 

14 (c) TECHNICAL CORRECTION TO THE INTELLIGENCE

15 REFORM ACT.—Section 5504(2) of the Intelligence Reform 

16 and Terrorism Prevention Act of 2004 (Public Law 108– 

17 458) is amended by striking ‘‘adding at the end’’ and in18 serting ‘‘inserting after paragraph (8)’’. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 subsections (a) and (b) shall take effect on the date of enact21 ment of this Act, shall apply to any act that occurred before, 

22 on, or after such date and shall apply to any application 

23 for naturalization or any other benefit or relief, or any 

24 other case or matter under the immigration laws pending 

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1 section (c) shall take effect as if enacted in the Intelligence 

2 Reform and Terrorism Prevention Act of 2004 (Public Law 

3 108–458). 

4 SEC. 203. TERRORIST BAR TO NATURALIZATION. 

5 (a) NATURALIZATION OF PERSONS ENDANGERING THE

6 NATIONAL SECURITY.—Section 316 of the Immigration and 

7 Nationality Act (8 U.S.C. 1426) is amended by adding at 

8 the end the following: 

9 ‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU10 RITY.—No person shall be naturalized who the Secretary 

11 of Homeland Security determines to have been at any time 

12 an alien described in section 212(a)(3) or 237(a)(4). Such 

13 determination may be based upon any relevant information 

14 or evidence, including classified, sensitive, or national secu15 rity information.’’. 

16 (b) CONCURRENT NATURALIZATION AND REMOVAL

17 PROCEEDINGS.—Section 318 of the Immigration and Na18 tionality Act (8 U.S.C. 1429) is amended by striking ‘‘other 

19 Act;’’ and inserting ‘‘other Act; and no application for nat20 uralization shall be considered by the Secretary of Home21 land Security or any court if there is pending against the 

22 applicant any removal proceeding or other proceeding to 

23 determine the applicant’s inadmissibility or deportability, 

24 or to determine whether the applicant’s lawful permanent 

25 resident status should be rescinded, regardless of when such 

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1 proceeding was commenced: Provided, That the findings of 

2 the Attorney General in terminating removal proceedings 

3 or in canceling the removal of an alien pursuant to the 

4 provisions of this Act, shall not be deemed binding in any 

5 way upon the Secretary of Homeland Security with respect 

6 to the question of whether such person has established his 

7 eligibility for naturalization as required by this title;’’. 

8 (c) PENDING DENATURALIZATION OR REMOVAL PRO9 CEEDINGS.—Section 204(b) of the Immigration and Na10 tionality Act (8 U.S.C. 1154(b)) is amended by adding at 

11 the end the following: ‘‘No petition shall be approved pursu12 ant to this section if there is any administrative or judicial 

13 proceeding (whether civil or criminal) pending against the 

14 petitioner that could (whether directly or indirectly) result 

15 in the petitioner’s denaturalization or the loss of the peti16 tioner’s lawful permanent resident status.’’. 

17 (d) CONDITIONAL PERMANENT RESIDENTS.—Sections 

18 216(e) and section 216A(e) of the Immigration and Nation19 ality Act (8 U.S.C. 1186a(e) and 1186b(e)) are each amend20 ed by striking the period at the end and inserting ‘‘, if the 

21 alien has had the conditional basis removed pursuant to 

22 this section.’’. 

23 (e) DISTRICT COURT JURISDICTION.—Subsection 

24 336(b) of the Immigration and Nationality Act (8 U.S.C. 

25 1447(b)) is amended to read as follows: 

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1 ‘‘(b) If there is a failure to render a final administra2 tive decision under section 335 before the end of the 180- 

3 day period after the date on which the Secretary of Home4 land Security completes all examinations and interviews 

5 conducted under such section, as such terms are defined by 

6 the Secretary of Homeland Security pursuant to regula7 tions, the applicant may apply to the district court for the 

8 district in which the applicant resides for a hearing on the 

9 matter. Such court shall only have jurisdiction to review 

10 the basis for delay and remand the matter to the Secretary 

11 of Homeland Security for the Secretary’s determination on 

12 the application.’’. 

13 (f) CONFORMING AMENDMENT.—Section 310(c) of the 

14 Immigration and Nationality Act (8 U.S.C. 1421(c)) is 

15 amended— 

16 (1) by inserting ‘‘, not later than the date that 

17 is 120 days after the Secretary of Homeland Secu18 rity’s final determination,’’ after ‘‘seek’’; and 

19 (2) by striking the second sentence and inserting 

20 the following: ‘‘The burden shall be upon the peti21 tioner to show that the Secretary’s denial of the appli22 cation was not supported by facially legitimate and 

23 bona fide reasons. Except in a proceeding under sec24 tion 340, notwithstanding any other provision of law 

25 (statutory or nonstatutory), including section 2241 of 

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1 title 28, United States Code, or any other habeas cor2 pus provision, and sections 1361 and 1651 of such 

3 title, no court shall have jurisdiction to determine, or 

4 to review a determination of the Secretary made at 

5 any time regarding, whether, for purposes of an ap6 plication for naturalization, an alien is a person of 

7 good moral character, whether the alien understands 

8 and is attached to the principles of the Constitution 

9 of the United States, or whether an alien is well dis10 posed to the good order and happiness of the United 

11 States.’’. 

12 (g) EFFECTIVE DATE.—The amendments made by this 

13 section shall take effect on the date of enactment of this Act, 

14 shall apply to any act that occurred before, on, or after such 

15 date, and shall apply to any application for naturalization 

16 or any other case or matter under the immigration laws 

17 pending on, or filed after, such date. 

18 SEC. 204. DENATURALIZATION FOR TERRORISTS. 

19 (a) IN GENERAL.—Section 340 of the Immigration 

20 and Nationality Act is amended— 

21 (1) by redesignating subsections (f) through (h) 

22 as subsections (g) through (i), respectively; and 

23 (2) by inserting after subsection (e) the following: 

24 ‘‘(f)(1) If a person who has been naturalized partici25 pates in any act described in paragraph (2), the Attorney 

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1 General is authorized to find that, as of the date of such 

2 naturalization, such person was not attached to the prin3 ciples of the Constitution of the United States and was not 

4 well disposed to the good order and happiness of the United 

5 States at the time of naturalization, and upon such finding 

6 shall set aside the order admitting such person to citizen7 ship and cancel the certificate of naturalization as having 

8 been obtained by concealment of a material fact or by will9 ful misrepresentation, and such revocation and setting aside 

10 of the order admitting such person to citizenship and such 

11 canceling of certificate of naturalization shall be effective 

12 as of the original date of the order and certificate, respec13 tively. 

14 ‘‘(2) The acts described in this paragraph are the fol15 lowing: 

16 ‘‘(A) Any activity a purpose of which is the op17 position to, or the control or overthrow of, the Govern18 ment of the United States by force, violence, or other 

19 unlawful means. 

20 ‘‘(B) Engaging in a terrorist activity (as defined 

21 in clauses (iii) and (iv) of section 212(a)(3)(B)). 

22 ‘‘(C) Incitement of terrorist activity under cir23 cumstances indicating an intention to cause death or 

24 serious bodily harm. 

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1 ‘‘(D) Receiving military-type training (as de2 fined in section 2339D(c)(1) of title 18, United States 

3 Code) from or on behalf of any organization that, at 

4 the time the training was received, was a terrorist or5 ganization (as defined in section 212(a)(3)(B)(vi)).’’. 

6 (b) EFFECTIVE DATE.—The amendments made by sub7 section (a) shall take effect on the date of the enactment 

8 of this Act and shall apply to acts that occur on or after 

9 such date. 

10 SEC. 205. USE OF 1986 IRCA LEGALIZATION INFORMATION 

11 FOR NATIONAL SECURITY PURPOSES. 

12 (a) SPECIAL AGRICULTURAL WORKERS.—Section 

13 210(b)(6) of the Immigration and Nationality Act (8 

14 U.S.C. 1160(b)(6)) is amended— 

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

16 such term appears and inserting ‘‘Secretary of Home17 land Security’’; 

18 (2) in subparagraph (A), by striking ‘‘Depart19 ment of Justice,’’ and inserting ‘‘Department of 

20 Homeland Security,’’; 

21 (3) by redesignating subparagraphs (C) and (D) 

22 as subparagraphs (D) and (E), respectively; 

23 (4) by inserting after subparagraph (B) the fol24 lowing: 

25 ‘‘(C) AUTHORIZED DISCLOSURES.— 

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1 ‘‘(i) CENSUS PURPOSE.—The Secretary 

2 of Homeland Security may provide, in his 

3 discretion, for the furnishing of information 

4 furnished under this section in the same 

5 manner and circumstances as census infor6 mation may be disclosed under section 8 of 

7 title 13, United States Code. 

8 ‘‘(ii) NATIONAL SECURITY PURPOSE.— 

9 The Secretary of Homeland Security may 

10 provide, in his discretion, for the fur11 nishing, use, publication, or release of infor12 mation furnished under this section in any 

13 investigation, case, or matter, or for any 

14 purpose, relating to terrorism, national in15 telligence or the national security.’’; and 

16 (5) in subparagraph (D), as redesignated, by 

17 striking ‘‘Service’’ and inserting ‘‘Department of 

18 Homeland Security’’. 

19 (b) ADJUSTMENT OF STATUS UNDER THE IMMIGRA20 TION REFORM AND CONTROL ACT OF 1986.—Section 

21 245A(c)(5) of the Immigration and Nationality Act (8 

22 U.S.C. 1255a(c)(5)), is amended— 

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

24 such term appears and inserting ‘‘Secretary of Home25 land Security’’; 

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1 (2) in subparagraph (A), by striking ‘‘Depart2 ment of Justice,’’ and inserting ‘‘Department of 

3 Homeland Security,’’; 

4 (3) by amending subparagraph (C) to read as 

5 follows: 

6 ‘‘(C) AUTHORIZED DISCLOSURES.— 

7 ‘‘(i) CENSUS PURPOSE.—The Secretary 

8 of Homeland Security may provide, in his 

9 discretion, for the furnishing of information 

10 furnished under this section in the same 

11 manner and circumstances as census infor12 mation may be disclosed under section 8 of 

13 title 13, United States Code. 

14 ‘‘(ii) NATIONAL SECURITY PURPOSE.— 

15 The Secretary of Homeland Security may 

16 provide, in his discretion, for the fur17 nishing, use, publication, or release of infor18 mation furnished under this section in any 

19 investigation, case, or matter, or for any 

20 purpose, relating to terrorism, national in21 telligence or the national security.’’; and 

22 (4) in subparagraph (D)(i), striking ‘‘Service’’ 

23 and inserting ‘‘Department of Homeland Security’’. 

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1 SEC. 206. BACKGROUND AND SECURITY CHECKS. 

2 (a) REQUIREMENT TO COMPLETE BACKGROUND AND

3 SECURITY CHECKS.—Section 103 of the Immigration and 

4 Nationality Act (8 U.S.C. 1103) is amended by adding at 

5 the end the following: 

6 ‘‘(h) Notwithstanding any other provision of law (stat7 utory or nonstatutory), including but not limited to section 

8 309 of Public Law 107–173, sections 1361 and 1651 of title 

9 28, United States Code, and section 706(1) of title 5, United 

10 States Code, neither the Secretary of Homeland Security, 

11 the Attorney General, nor any court may— 

12 ‘‘(1) grant, or order the grant of or adjudication 

13 of an application for adjustment of status to that of 

14 an alien lawfully admitted for permanent residence; 

15 ‘‘(2) grant, or order the grant of or adjudication 

16 of an application for United States citizenship or any 

17 other status, relief, protection from removal, employ18 ment authorization, or other benefit under the immi19 gration laws; 

20 ‘‘(3) grant, or order the grant of or adjudication 

21 of, any immigrant or nonimmigrant petition; or 

22 ‘‘(4) issue or order the issuance of any docu23 mentation evidencing or related to any such grant, 

24 until such background and security checks as the Sec25 retary may in his discretion require have been com26 pleted or updated to the satisfaction of the Secretary. 

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1 ‘‘(i) Notwithstanding any other provision of law (stat2 utory or nonstatutory), including but not limited to section 

3 309 of Public Law 107–173, sections 1361 and 1651 of title 

4 28, United States Code, and section 706(1) of title 5, United 

5 States Code, neither the Secretary of Homeland Security 

6 nor the Attorney General may be required to— 

7 ‘‘(1) grant, or order the grant of or adjudication 

8 of an application for adjustment of status to that of 

9 an alien lawfully admitted for permanent residence, 

10 ‘‘(2) grant, or order the grant of or adjudication 

11 of an application for United States citizenship or any 

12 other status, relief, protection from removal, employ13 ment authorization, or other benefit under the immi14 gration laws, 

15 ‘‘(3) grant, or order the grant of or adjudication 

16 of, any immigrant or nonimmigrant petition, or 

17 ‘‘(4) issue or order the issuance of any docu18 mentation evidencing or related to any such grant, 

19 until any suspected or alleged materially false infor20 mation, material misrepresentation or omission, con21 cealment of a material fact, fraud or forgery, counter22 feiting, or alteration, or falsification of a document, 

23 as determined by the Secretary, relating to the adju24 dication of an application or petition for any status 

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1 lief, protection from removal, or other benefit under 

2 this subsection has been investigated and resolved to 

3 the Secretary’s satisfaction. 

4 ‘‘(j) Notwithstanding any other provision of law (stat5 utory or nonstatutory), including section 309 of the En6 hanced Border Security and Visa Entry Reform Act (8 

7 U.S.C. 1738), sections 1361 and 1651 of title 28, United 

8 States Code, and section 706(1) of title 5, United States 

9 Code, no court shall have jurisdiction to require any of the 

10 acts in subsection (h) or (i) to be completed by a certain 

11 time or award any relief for failure to complete or delay 

12 in completing such acts.’’. 

13 (b) CONSTRUCTION.— 

14 (1) IN GENERAL.—Chapter 4 of title III of the 

15 Immigration and Nationality Act (8 U.S.C. 1501 et 

16 seq.) is amended by adding at the end the following: 

17 ‘‘CONSTRUCTION

18 ‘‘SEC. 362. (a) IN GENERAL.—Nothing in this Act or 

19 any other law, except as provided in subsection (d), shall 

20 be construed to require the Secretary of Homeland Security, 

21 the Attorney General, the Secretary of State, the Secretary 

22 of Labor, or a consular officer to grant any application, 

23 approve any petition, or grant or continue any relief, pro24 tection from removal, employment authorization, or any 

25 other status or benefit under the immigration laws by, to, 

26 or on behalf of— 

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1 ‘‘(1) any alien deemed by the Secretary to be de2 scribed in section 212(a)(3) or section 237(a)(4); or 

3 ‘‘(2) any alien with respect to whom a criminal 

4 or other proceeding or investigation is open or pend5 ing (including, but not limited to, issuance of an ar6 rest warrant, detainer, or indictment), where such 

7 proceeding or investigation is deemed by the official 

8 described in subsection (a) to be material to the 

9 alien’s eligibility for the status or benefit sought. 

10 ‘‘(b) DENIAL OR WITHHOLDING OF ADJUDICATION.— 

11 An official described in subsection (a) may, in the discre12 tion of the official, deny (with respect to an alien described 

13 in paragraph (1) or (2) of subsection (a)) or withhold adju14 dication of pending resolution of the investigation or case 

15 (with respect to an alien described in subsection (a)(2) of 

16 this section) any application, petition, relief, protection 

17 from removal, employment authorization, status or benefit. 

18 ‘‘(c) JURISDICTION.—Notwithstanding any other pro19 vision of law (statutory or nonstatutory), including section 

20 309 of the Enhanced Border Security and Visa Entry Re21 form Act (8 U.S.C. 1738), sections 1361 and 1651 of title 

22 28, United States Code, and section 706(1) of title 5, United 

23 States Code, no court shall have jurisdiction to review a 

24 decision to deny or withhold adjudication pursuant to sub25 section (b) of this section. 

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1 ‘‘(d) WITHHOLDING OF REMOVAL AND TORTURE CON2 VENTION.—This section does not limit or modify the appli3 cability of section 241(b)(3) or the United Nations Conven4 tion Against Torture and Other Cruel, Inhuman or Degrad5 ing Treatment or Punishment, subject to any reservations, 

6 understandings, declarations and provisos contained in the 

7 United States Senate resolution of ratification of the Con8 vention, as implemented by section 2242 of the Foreign Af9 fairs Reform and Restructuring Act of 1998 (Public Law 

10 105–277) with respect to an alien otherwise eligible for pro11 tection under such provisions.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents for such Act is amended by inserting after the 

14 item relating to section 361 the following: 

‘‘Sec. 362. Construction.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by this 

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

17 Act and shall apply to applications for immigration bene18 fits pending on or after such date. 

19 SEC. 207. TECHNICAL AMENDMENTS RELATING TO THE IN20 TELLIGENCE REFORM AND TERRORISM PRE21 VENTION ACT OF 2004. 

22 (a) TRANSIT WITHOUT VISA PROGRAM.—Section 

23 7209(d) of the Intelligence Reform and Terrorism Preven24 tion Act of 2004 (8 U.S.C. 1185 note) is amended by strik25 ing ‘‘the Secretary, in conjunction with the Secretary of 

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1 Homeland Security,’’ and inserting ‘‘the Secretary of 

2 Homeland Security, in consultation with the Secretary of 

3 State,’’. 

4 (b) TECHNOLOGY ACQUISITION AND DISSEMINATION

5 PLAN.—Section 7201(c)(1) of such Act is amended by in6 serting ‘‘and the Department of State’’ after ‘‘used by the 

7 Department of Homeland Security’’. 

8 TITLE III—REMOVAL OF 

9 CRIMINAL ALIENS 

10 SEC. 301. DEFINITION OF AGGRAVATED FELONY. 

11 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

12 101(a)(43) of the Immigration and Nationality Act (8 

13 U.S.C. 1101(a)(43)) is amended— 

14 (1) by striking ‘‘The term ‘aggravated felony’ 

15 means—’’ and inserting ‘‘Notwithstanding any other 

16 provision of law, the term ‘aggravated felony’ applies 

17 to an offense described in this paragraph, whether in 

18 violation of Federal or State law, or in violation of 

19 the law of a foreign country for which the term of im20 prisonment was completed within the previous 15 

21 years, even if the length of the term of imprisonment 

22 for the offense is based on recidivist or other enhance23 ments and regardless of whether the conviction was 

24 entered before, on, or after September 30, 1996, and 

25 means—’’; 

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1 (2) in subparagraph (A), by striking ‘‘murder, 

2 rape, or sexual abuse of a minor;’’ and inserting 

3 ‘‘murder, manslaughter, homicide, rape (whether the 

4 victim was conscious or unconscious), or any offense 

5 of a sexual nature involving a victim under the age 

6 of 18 years;’’; 

7 (3) in subparagraph (I), by striking ‘‘or 2252’’ 

8 and inserting ‘‘2252, or 2252A’’. 

9 (4) in subparagraph (F), by striking ‘‘at least 

10 one year;’’ and inserting ‘‘is at least one year, except 

11 that if the conviction records do not conclusively es12 tablish whether a crime constitutes a crime of vio13 lence, the Attorney General may consider other evi14 dence related to the conviction that clearly establishes 

15 that the conduct for which the alien was engaged con16 stitutes a crime of violence;’’ 

17 (5) in subparagraph (N)— 

18 (A) by striking ‘‘paragraph (1)(A) or (2) 

19 of’’; and 

20 (B) by inserting a semicolon at the end; 

21 (6) in subparagraph (O), by striking ‘‘section 

22 275(a) or 276 committed by an alien who was pre23 viously deported on the basis of a conviction for an 

24 offense described in another subparagraph of this 

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1 paragraph’’ and inserting ‘‘section 275 or 276 for 

2 which the term of imprisonment is at least 1 year’’; 

3 (7) in subparagraph (U), by striking ‘‘an at4 tempt or conspiracy to commit an offense described in 

5 this paragraph’’ and inserting ‘‘attempting or con6 spiring to commit an offense described in this para7 graph, or aiding, abetting, counseling, procuring, 

8 commanding, inducing, or soliciting the commission 

9 of such an offense’’; and 

10 (8) by striking the undesignated matter following 

11 subparagraph (U). 

12 (b) EFFECTIVE DATE; APPLICATION OF AMEND13 MENTS.— 

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

15 subsection (a)— 

16 (A) shall take effect on the date of the enact17 ment of this Act; and 

18 (B) shall apply to any act or conviction 

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

20 (2) APPLICATION OF IIRIRA AMENDMENTS.—The 

21 amendments to section 101(a)(43) of the Immigration 

22 and Nationality Act (8 U.S.C. 1101(a)(43)) made by 

23 section 321 of the Illegal Immigration Reform and 

24 Immigrant Responsibility Act of 1996 (division C of 

25 Public Law 104–208; 110 Stat. 3009-627) shall conmstockstill on DSK4VPTVN1PROD with BILLS

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1 tinue to apply, whether the conviction was entered be2 fore, on, or after September 30, 1996. 

3 SEC. 302. PRECLUDING ADMISSIBILITY OF ALIENS CON4 VICTED OF AGGRAVATED FELONIES OR 

5 OTHER SERIOUS OFFENSES. 

6 (a) INADMISSIBILITY ON CRIMINAL AND RELATED

7 GROUNDS; WAIVERS.—Section 212 of the Immigration and 

8 Nationality Act (8 U.S.C. 1182) is amended— 

9 (1) in subsection (a)(2)(A)(i)— 

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

11 end; 

12 (B) in subclause (II), by adding ‘‘or’’ at the 

13 end; and 

14 (C) by inserting after subclause (II) the fol15 lowing: 

16 ‘‘(III) a violation of (or a con17 spiracy or attempt to violate) an of18 fense described in section 408 of title 

19 42, United States Code (relating to so20 cial security account numbers or social 

21 security cards) or section 1028 of title 

22 18, United States Code (relating to 

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1 thentication features, and informa2 tion),’’. 

3 (2) by adding at the end of subsection (a)(2) the 

4 following: 

5 ‘‘(J) PROCUREMENT OF CITIZENSHIP OR

6 NATURALIZATION UNLAWFULLY.—Any alien con7 victed of, or who admits having committed, or 

8 who admits committing acts which constitute the 

9 essential elements of, a violation of, or an at10 tempt or a conspiracy to violate, subsection (a) 

11 or (b) of section 1425 of title 18, United States 

12 Code (relating to the procurement of citizenship 

13 or naturalization unlawfully) is inadmissible. 

14 ‘‘(K) CERTAIN FIREARM OFFENSES.—Any 

15 alien who at any time has been convicted under 

16 any law of, or who admits having committed or 

17 admits committing acts which constitute the es18 sential elements of, purchasing, selling, offering 

19 for sale, exchanging, using, owning, possessing, 

20 or carrying, or of attempting or conspiring to 

21 purchase, sell, offer for sale, exchange, use, own, 

22 possess, or carry, any weapon, part, or accessory 

23 which is a firearm or destructive device (as de24 fined in section 921(a) of title 18, United States 

25 Code) in violation of any law is inadmissible. 

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1 ‘‘(L) AGGRAVATED FELONS.—Any alien who 

2 has been convicted of an aggravated felony at 

3 any time is inadmissible. 

4 ‘‘(M) CRIMES OF DOMESTIC VIOLENCE, 

5 STALKING, OR VIOLATION OF PROTECTION OR6 DERS, CRIMES AGAINST CHILDREN.— 

7 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

8 AND CHILD ABUSE.—Any alien who at any 

9 time is convicted of, or who admits having 

10 committed or admits committing acts which 

11 constitute the essential elements of, a crime 

12 of domestic violence, a crime of stalking, or 

13 a crime of child abuse, child neglect, or 

14 child abandonment is inadmissible. For 

15 purposes of this clause, the term ‘crime of 

16 domestic violence’ means any crime of vio17 lence (as defined in section 16 of title 18, 

18 United States Code) against a person com19 mitted by a current or former spouse of the 

20 person, by an individual with whom the 

21 person shares a child in common, by an in22 dividual who is cohabiting with or has 

23 cohabited with the person as a spouse, by 

24 an individual similarly situated to a spouse 

25 of the person under the domestic or family 

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1 violence laws of the jurisdiction where the 

2 offense occurs, or by any other individual 

3 against a person who is protected from that 

4 individual’s acts under the domestic or fam5 ily violence laws of the United States or 

6 any State, Indian tribal government, or 

7 unit of local or foreign government. 

8 ‘‘(ii) VIOLATORS OF PROTECTION OR9 DERS.—Any alien who at any time is en10 joined under a protection order issued by a 

11 court and whom the court determines has 

12 engaged in conduct that violates the portion 

13 of a protection order that involves protec14 tion against credible threats of violence, re15 peated harassment, or bodily injury to the 

16 person or persons for whom the protection 

17 order was issued is inadmissible. For pur18 poses of this clause, the term ‘protection 

19 order’ means any injunction issued for the 

20 purpose of preventing violent or threatening 

21 acts of domestic violence, including tem22 porary or final orders issued by civil or 

23 criminal courts (other than support or child 

24 custody orders or provisions) whether ob25 tained by filing an independent action or 

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1 as a independent order in another pro2 ceeding. 

3 ‘‘(iii) WAIVER AUTHORIZED.—The 

4 waiver authority available under section 

5 237(a)(7) with respect to section 

6 237(a)(2)(E)(i) shall be available on a com7 parable basis with respect to this subpara8 graph. 

9 ‘‘(iv) CLARIFICATION.—If the convic10 tion records do not conclusively establish 

11 whether a crime of domestic violence con12 stitutes a crime of violence (as defined in 

13 section 16 of title 18, United States Code), 

14 the Attorney General may consider other 

15 evidence related to the conviction that clear16 ly establishes that the conduct for which the 

17 alien was engaged constitutes a crime of vi18 olence.’’; and 

19 (3) in subsection (h)— 

20 (A) by striking ‘‘The Attorney General may, 

21 in his discretion, waive the application of sub22 paragraphs (A)(i)(I), (B), (D), and (E) of sub23 section (a)(2)’’ and inserting ‘‘The Attorney Gen24 eral or the Secretary of Homeland Security may, 

25 in the discretion of the Attorney General or the 

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1 Secretary, waive the application of subpara2 graphs (A)(i)(I), (III), (B), (D), (E), (K), and 

3 (M) of subsection (a)(2)’’; 

4 (B) by striking ‘‘a criminal act involving 

5 torture.’’ and inserting ‘‘a criminal act involving 

6 torture, or has been convicted of an aggravated 

7 felony.’’; 

8 (C) by striking ‘‘if either since the date of 

9 such admission the alien has been convicted of 

10 an aggravated felony or the alien’’ and inserting 

11 ‘‘if since the date of such admission the alien’’; 

12 and 

13 (D) by inserting ‘‘or Secretary of Homeland 

14 Security’’ after ‘‘the Attorney General’’ each 

15 place it appears. 

16 (b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 

17 237(a)(3)(B) of the Immigration and Nationality Act (8 

18 U.S.C. 1227(a)(3)(B)) is amended— 

19 (1) in clause (ii), by striking ‘‘or’’ at the end; 

20 (2) in clause (iii), by inserting ‘‘or’’ at the end; 

21 and 

22 (3) by inserting after clause (iii) the following: 

23 ‘‘(iv) of a violation of, or an attempt 

24 or a conspiracy to violate, section 1425(a) 

25 or (b) of title 18 (relating to the procuremstockstill on DSK4VPTVN1PROD with BILLS

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1 ment of citizenship or naturalization un2 lawfully),’’. 

3 (c) DEPORTABILITY; CRIMINAL OFFENSES.—Section 

4 237(a)(2) of the Immigration and Nationality Act (8 

5 U.S.C. 1227(a)(2)) is amended by adding at the end the 

6 following: 

7 ‘‘(G) FRAUD AND RELATED ACTIVITY ASSO8 CIATED WITH SOCIAL SECURITY ACT BENEFITS

9 AND IDENTIFICATION DOCUMENTS.—Any alien 

10 who at any time after admission has been con11 victed of a violation of (or a conspiracy or at12 tempt to violate) section 208 of the Social Secu13 rity Act (42 U.S.C. 408) (relating to social secu14 rity account numbers or social security cards) or 

15 section 1028 of title 18, United States Code (re16 lating to fraud and related activity in connec17 tion with identification) is deportable.’’. 

18 (d) EFFECTIVE DATE.—The amendments made by this 

19 section shall apply— 

20 (1) to any act that occurred before, on, or after 

21 the date of the enactment of this Act; and 

22 (2) to all aliens who are required to establish ad23 missibility on or after such date, and in all removal, 

24 deportation, or exclusion proceedings that are filed, 

25 pending, or reopened, on or after such date. 

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1 (e) CONSTRUCTION.—The amendments made by sub2 section (a) shall not be construed to create eligibility for 

3 relief from removal under former section 212(c) of the Im4 migration and Nationality Act where such eligibility did 

5 not exist before these amendments became effective. 

6 SEC. 303. ESPIONAGE CLARIFICATION. 

7 Section 212(a)(3)(A) of the Immigration and Nation8 ality Act (8 U.S.C. 1182(a)(3)(A)), is amended to read as 

9 follows: 

10 ‘‘(A) IN GENERAL.—Any alien who a con11 sular officer, the Attorney General, or the Sec12 retary of Homeland Security knows, or has rea13 sonable ground to believe, seeks to enter the 

14 United States to engage solely, principally, or 

15 incidentally in, or who is engaged in, or with re16 spect to clauses (i) and (iii) of this subpara17 graph has engaged in— 

18 ‘‘(i) any activity— 

19 ‘‘(I) to violate any law of the 

20 United States relating to espionage or 

21 sabotage; or 

22 ‘‘(II) to violate or evade any law 

23 prohibiting the export from the United 

24 States of goods, technology, or sensitive 

25 information; 

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1 ‘‘(ii) any other unlawful activity; or 

2 ‘‘(iii) any activity a purpose of which 

3 is the opposition to, or the control or over4 throw of, the Government of the United 

5 States by force, violence, or other unlawful 

6 means; 

7 is inadmissible.’’. 

8 SEC. 304. PROHIBITION OF THE SALE OF FIREARMS TO, OR 

9 THE POSSESSION OF FIREARMS BY, CERTAIN 

10 ALIENS. 

11 Section 922 of title 18, United States Code, is amend12 ed— 

13 (1) in subsection (d)(5), in subparagraph (B), by 

14 striking ‘‘(y)(2)’’ and all that follows and inserting 

15 ‘‘(y), is in the United States not as an alien lawfully 

16 admitted for permanent residence;’’; 

17 (2) in subsection (g)(5), in subparagraph (B), by 

18 striking ‘‘(y)(2)’’ and all that follows and inserting 

19 ‘‘(y), is in the United States not as an alien lawfully 

20 admitted for permanent residence;’’; and 

21 (3) in subsection (y)— 

22 (A) in the header, by striking ‘‘ADMITTED

23 UNDER NONIMMIGRANT VISAS.—’’ and inserting 

24 ‘‘NOT LAWFULLY ADMITTED FOR PERMANENT

25 RESIDENCE.—’’; 

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1 (B) in paragraph (1), by amending sub2 paragraph (B) to read as follows: 

3 ‘‘(B) the term ‘lawfully admitted for perma4 nent residence’ has the same meaning as in sec5 tion 101(a)(20) of the Immigration and Nation6 ality Act (8 U.S.C. 1101(a)(20)).’’. 

7 (C) in paragraph (2), by striking ‘‘under a 

8 nonimmigrant visa’’ and inserting ‘‘but not law9 fully admitted for permanent residence’’; and 

10 (D) in paragraph (3)(A), by striking ‘‘ad11 mitted to the United States under a non12 immigrant visa’’ and inserting ‘‘lawfully admit13 ted to the United States but not as an alien law14 fully admitted for permanent residence’’. 

15 SEC. 305. UNIFORM STATUTE OF LIMITATIONS FOR CER16 TAIN IMMIGRATION, NATURALIZATION, AND 

17 PEONAGE OFFENSES. 

18 Section 3291 of title 18, United States Code, is amend19 ed by striking ‘‘No person’’ and all that follows through the 

20 period at the end and inserting the following: ‘‘No person 

21 shall be prosecuted, tried, or punished for a violation of any 

22 section of chapters 69 (relating to nationality and citizen23 ship offenses) and 75 (relating to passport, visa, and immi24 gration offenses), or for a violation of any criminal provi25 sion of sections 243, 266, 274, 275, 276, 277, or 278 of the 

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1 Immigration and Nationality Act, or for an attempt or con2 spiracy to violate any such section, unless the indictment 

3 is returned or the information is filed within ten years after 

4 the commission of the offense.’’. 

5 SEC. 306. CONFORMING AMENDMENT TO THE DEFINITION 

6 OF RACKETEERING ACTIVITY. 

7 Section 1961(1) of title 18, United States Code, is 

8 amended by striking ‘‘section 1542’’ through ‘‘section 1546 

9 (relating to fraud and misuse of visas, permits, and other 

10 documents)’’ and inserting ‘‘sections 1541-1548 (relating to 

11 passports and visas)’’. 

12 SEC. 307. CONFORMING AMENDMENTS FOR THE AGGRA13 VATED FELONY DEFINITION. 

14 (a) IN GENERAL.—Subparagraph (P) of section 

15 101(a)(43) of the Immigration and Nationality Act (8 

16 U.S.C. 1101(a)(43)) is amended— 

17 (1) by striking ‘‘(i) which either is falsely mak18 ing, forging, counterfeiting, mutilating, or altering a 

19 passport or instrument in violation of section 1543 of 

20 title 18, United States Code, or is described in section 

21 1546(a) of such title (relating to document fraud) and 

22 (ii)’’ and inserting ‘‘which is described in any section 

23 of chapter 75 of title 18, United States Code,’’; and 

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1 (2) by inserting after ‘‘first offense’’ the fol2 lowing: ‘‘(i) that is not described in section 1548 of 

3 such title (relating to increased penalties), and (ii)’’. 

4 (b) EFFECTIVE DATE.—The amendment made by sub5 section (a) shall take effect on the date of the enactment 

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

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

8 SEC. 308. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 

9 OF STATUS FOR AGGRAVATED FELONS. 

10 (a) IN GENERAL.—Section 209(c) of the Immigration 

11 and Nationality Act (8 U.S.C. 1159(c)) is amended by add12 ing at the end thereof the following: ‘‘However, an alien 

13 who is convicted of an aggravated felony is not eligible for 

14 a waiver or for adjustment of status under this section.’’. 

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall apply— 

17 (1) to any act that occurred before, on, or after 

18 the date of the enactment of this Act; and 

19 (2) to all aliens who are required to establish ad20 missibility on or after such date, and in all removal, 

21 deportation, or exclusion proceedings that are filed, 

22 pending, or reopened, on or after such date. 

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1 SEC. 309. INADMISSIBILITY, DEPORTABILITY, AND DETEN2 TION OF DRUNK DRIVERS. 

3 (a) IN GENERAL.—Section 101(a)(43) of the Immigra4 tion and Nationality Act (8 U.S.C. 1101(a)(43)) (as 

5 amended by this Act) is further amended— 

6 (1) in subparagraph (T), by striking ‘‘and’’; 

7 (2) in subparagraph (U), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (3) by inserting after subparagraph (U) the fol10 lowing: 

11 ‘‘(V) a second or subsequent conviction for driv12 ing while intoxicated (including a conviction for driv13 ing while under the influence of or impaired by alco14 hol or drugs) without regard to whether the conviction 

15 is classified as a misdemeanor or felony under State 

16 law.’’. 

17 (b) DETENTION.—Section 236(c)(1) of the Immigra18 tion and Nationality Act (8 U.S.C. 1226(c)(1)) is amend19 ed— 

20 (1) in subparagraph (C), by striking ‘‘or’’ at the 

21 end; 

22 (2) in subparagraph (D), by adding ‘‘or’’ at the 

23 end; and 

24 (3) by inserting after subparagraph (D) the fol25 lowing: 

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1 ‘‘(E) is unlawfully present in the United 

2 States and has been convicted one or multiple 

3 times for driving while intoxicated (including a 

4 conviction for driving while under the influence 

5 or impaired by alcohol or drugs) without regard 

6 to whether the conviction is classified as a mis7 demeanor or felony under State law,’’. 

8 (c) EFFECTIVE DATE.—The amendments made by this 

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

10 Act and apply to convictions entered on or after such date. 

11 SEC. 310. DETENTION OF DANGEROUS ALIENS. 

12 (a) IN GENERAL.—Section 241(a) of the Immigration 

13 and Nationality Act (8 U.S.C. 1231(a)) is amended— 

14 (1) by striking ‘‘Attorney General’’ each place it 

15 appears, except for the first reference in paragraph 

16 (4)(B)(i), and inserting ‘‘Secretary of Homeland Se17 curity’’; 

18 (2) in paragraph (1), by amending subpara19 graph (B) to read as follows: 

20 ‘‘(B) BEGINNING OF PERIOD.—The removal 

21 period begins on the latest of the following: 

22 ‘‘(i) The date the order of removal be23 comes administratively final. 

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

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1 moval becomes administratively final, the 

2 date the alien is taken into such custody. 

3 ‘‘(iii) If the alien is detained or con4 fined (except under an immigration proc5 ess) on the date the order of removal be6 comes administratively final, the date the 

7 alien is taken into the custody of the Sec8 retary, after the alien is released from such 

9 detention or confinement.’’; 

10 (3) in paragraph (1), by amending subpara11 graph (C) to read as follows: 

12 ‘‘(C) SUSPENSION OF PERIOD.— 

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

14 shall be extended beyond a period of 90 

15 days and the Secretary may, in the Sec16 retary’s sole discretion, keep the alien in de17 tention during such extended period if— 

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

19 make all reasonable efforts to comply 

20 with the removal order, or to fully co21 operate with the Secretary’s efforts to 

22 establish the alien’s identity and carry 

23 out the removal order, including mak24 ing timely application in good faith 

25 for travel or other documents necessary 

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1 to the alien’s departure or conspires or 

2 acts to prevent the alien’s removal that 

3 is subject to an order of removal; 

4 ‘‘(II) a court, the Board of Immi5 gration Appeals, or an immigration 

6 judge orders a stay of removal of an 

7 alien who is subject to an administra8 tively final order of removal; 

9 ‘‘(III) the Secretary transfers cus10 tody of the alien pursuant to law to 

11 another Federal agency or a State or 

12 local government agency in connection 

13 with the official duties of such agency; 

14 or 

15 ‘‘(IV) a court or the Board of Im16 migration Appeals orders a remand to 

17 an immigration judge or the Board of 

18 Immigration Appeals, during the time 

19 period when the case is pending a deci20 sion on remand (with the removal pe21 riod beginning anew on the date that 

22 the alien is ordered removed on re23 mand). 

24 ‘‘(ii) RENEWAL.—If the removal period 

25 has been extended under clause (C)(i), a 

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1 new removal period shall be deemed to have 

2 begun on the date— 

3 ‘‘(I) the alien makes all reasonable 

4 efforts to comply with the removal 

5 order, or to fully cooperate with the 

6 Secretary’s efforts to establish the 

7 alien’s identity and carry out the re8 moval order; 

9 ‘‘(II) the stay of removal is no 

10 longer in effect; or 

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

12 custody of the Secretary. 

13 ‘‘(iii) MANDATORY DETENTION FOR

14 CERTAIN ALIENS.—In the case of an alien 

15 described in subparagraphs (A) through (D) 

16 of section 236(c)(1), the Secretary shall keep 

17 that alien in detention during the extended 

18 period described in clause (i). 

19 ‘‘(iv) SOLE FORM OF RELIEF.—An 

20 alien may seek relief from detention under 

21 this subparagraph only by filing an appli22 cation for a writ of habeas corpus in ac23 cordance with chapter 153 of title 28, 

24 United States Code. No alien whose period 

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1 graph shall have the right to seek release on 

2 bond.’’; 

3 (4) in paragraph (3)— 

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

5 leave or is not removed within the removal pe6 riod’’ the following: ‘‘or is not detained pursuant 

7 to paragraph (6) of this subsection’’; and 

8 (B) by striking subparagraph (D) and in9 serting the following: 

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

11 alien’s conduct or activities that the Secretary 

12 prescribes for the alien, in order to prevent the 

13 alien from absconding, for the protection of the 

14 community, or for other purposes related to the 

15 enforcement of the immigration laws.’’; 

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

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

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

19 following: 

20 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR RE21 LEASE OF CERTAIN ALIENS.— 

22 ‘‘(A) DETENTION REVIEW PROCESS FOR CO23 OPERATIVE ALIENS ESTABLISHED.—For an alien 

24 who is not otherwise subject to mandatory deten25 tion, who has made all reasonable efforts to commstockstill on DSK4VPTVN1PROD with BILLS

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1 ply with a removal order and to cooperate fully 

2 with the Secretary of Homeland Security’s ef3 forts to establish the alien’s identity and carry 

4 out the removal order, including making timely 

5 application in good faith for travel or other doc6 uments necessary to the alien’s departure, and 

7 who has not conspired or acted to prevent re8 moval, the Secretary shall establish an adminis9 trative review process to determine whether the 

10 alien should be detained or released on condi11 tions. The Secretary shall make a determination 

12 whether to release an alien after the removal pe13 riod in accordance with subparagraph (B). The 

14 determination shall include consideration of any 

15 evidence submitted by the alien, and may in16 clude consideration of any other evidence, includ17 ing any information or assistance provided by 

18 the Secretary of State or other Federal official 

19 and any other information available to the Sec20 retary of Homeland Security pertaining to the 

21 ability to remove the alien. 

22 ‘‘(B) AUTHORITY TO DETAIN BEYOND RE23 MOVAL PERIOD.— 

24 ‘‘(i) IN GENERAL.—The Secretary of 

25 Homeland Security, in the exercise of the 

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1 Secretary’s sole discretion, may continue to 

2 detain an alien for 90 days beyond the re3 moval period (including any extension of 

4 the removal period as provided in para5 graph (1)(C)). An alien whose detention is 

6 extended under this subparagraph shall 

7 have no right to seek release on bond. 

8 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

9 Secretary of Homeland Security, in the ex10 ercise of the Secretary’s sole discretion, may 

11 continue to detain an alien beyond the 90 

12 days authorized in clause (i)— 

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

14 the Secretary, in the Secretary’s sole 

15 discretion, determines that there is a 

16 significant likelihood that the alien— 

17 ‘‘(aa) will be removed in the 

18 reasonably foreseeable future; or 

19 ‘‘(bb) would be removed in 

20 the reasonably foreseeable future, 

21 or would have been removed, but 

22 for the alien’s failure or refusal to 

23 make all reasonable efforts to com24 ply with the removal order, or to 

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1 retary’s efforts to establish the 

2 alien’s identity and carry out the 

3 removal order, including making 

4 timely application in good faith 

5 for travel or other documents nec6 essary to the alien’s departure, or 

7 conspires or acts to prevent re8 moval; 

9 ‘‘(II) until the alien is removed, if 

10 the Secretary of Homeland Security 

11 certifies in writing— 

12 ‘‘(aa) in consultation with 

13 the Secretary of Health and 

14 Human Services, that the alien 

15 has a highly contagious disease 

16 that poses a threat to public safe17 ty; 

18 ‘‘(bb) after receipt of a writ19 ten recommendation from the Sec20 retary of State, that release of the 

21 alien is likely to have serious ad22 verse foreign policy consequences 

23 for the United States; 

24 ‘‘(cc) based on information 

25 available to the Secretary of 

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1 Homeland Security (including 

2 classified, sensitive, or national 

3 security information, and without 

4 regard to the grounds upon which 

5 the alien was ordered removed), 

6 that there is reason to believe that 

7 the release of the alien would 

8 threaten the national security of 

9 the United States; or 

10 ‘‘(dd) that the release of the 

11 alien will threaten the safety of 

12 the community or any person, 

13 conditions of release cannot rea14 sonably be expected to ensure the 

15 safety of the community or any 

16 person, and either (AA) the alien 

17 has been convicted of one or more 

18 aggravated felonies (as defined in 

19 section 101(a)(43)(A)) or of one or 

20 more crimes identified by the Sec21 retary of Homeland Security by 

22 regulation, or of one or more at23 tempts or conspiracies to commit 

24 any such aggravated felonies or 

25 such identified crimes, if the agmstockstill on DSK4VPTVN1PROD with BILLS

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1 gregate term of imprisonment for 

2 such attempts or conspiracies is 

3 at least 5 years; or (BB) the alien 

4 has committed one or more crimes 

5 of violence (as defined in section 

6 16 of title 18, United States Code, 

7 but not including a purely polit8 ical offense) and, because of a 

9 mental condition or personality 

10 disorder and behavior associated 

11 with that condition or disorder, 

12 the alien is likely to engage in 

13 acts of violence in the future; or 

14 ‘‘(III) pending a certification 

15 under subclause (II), so long as the 

16 Secretary of Homeland Security has 

17 initiated the administrative review 

18 process not later than 30 days after the 

19 expiration of the removal period (in20 cluding any extension of the removal 

21 period, as provided in paragraph 

22 (1)(C)). 

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

24 An alien whose detention is extended under 

25 this subparagraph shall have no right to 

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1 seek release on bond, including by reason of 

2 a certification under clause (ii)(II). 

3 ‘‘(C) RENEWAL AND DELEGATION OF CER4 TIFICATION.— 

5 ‘‘(i) RENEWAL.—The Secretary of 

6 Homeland Security may renew a certifi7 cation under subparagraph (B)(ii)(II) every 

8 6 months, after providing an opportunity 

9 for the alien to request reconsideration of 

10 the certification and to submit documents or 

11 other evidence in support of that request. If 

12 the Secretary does not renew a certification, 

13 the Secretary may not continue to detain 

14 the alien under subparagraph (B)(ii)(II). 

15 ‘‘(ii) DELEGATION.—Notwithstanding 

16 section 103, the Secretary of Homeland Se17 curity may not delegate the authority to 

18 make or renew a certification described in 

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

20 (B)(ii)(II) below the level of the Assistant 

21 Secretary for Immigration and Customs 

22 Enforcement. 

23 ‘‘(iii) HEARING.—The Secretary of 

24 Homeland Security may request that the 

25 Attorney General or the Attorney General’s 

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1 designee provide for a hearing to make the 

2 determination described in item (dd)(BB) of 

3 subparagraph (B)(ii)(II). 

4 ‘‘(D) RELEASE ON CONDITIONS.—If it is de5 termined that an alien should be released from 

6 detention by a Federal court, the Board of Immi7 gration Appeals, or if an immigration judge or8 ders a stay of removal, the Secretary of Home9 land Security, in the exercise of the Secretary’s 

10 discretion, may impose conditions on release as 

11 provided in paragraph (3). 

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

13 Homeland Security, in the exercise of the Sec14 retary’s discretion, without any limitations other 

15 than those specified in this section, may again 

16 detain any alien subject to a final removal order 

17 who is released from custody, if removal becomes 

18 likely in the reasonably foreseeable future, the 

19 alien fails to comply with the conditions of re20 lease, or to continue to satisfy the conditions de21 scribed in subparagraph (A), or if, upon recon22 sideration, the Secretary, in the Secretary’s sole 

23 discretion, determines that the alien can be de24 tained under subparagraph (B). This section 

25 shall apply to any alien returned to custody purmstockstill on DSK4VPTVN1PROD with BILLS

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1 suant to this subparagraph, as if the removal pe2 riod terminated on the day of the redetention. 

3 ‘‘(F) REVIEW OF DETERMINATIONS BY SEC4 RETARY.—A determination by the Secretary 

5 under this paragraph shall not be subject to re6 view by any other agency.’’. 

7 (b) DETENTION OF ALIENS DURING REMOVAL PRO8 CEEDINGS.— 

9 (1) CLERICAL AMENDMENT.—(A) Section 236 of 

10 the Immigration and Nationality Act (8 U.S.C. 1226) 

11 is amended by striking ‘‘Attorney General’’ each place 

12 it appears (except in the second place that term ap13 pears in section 236(a)) and inserting ‘‘Secretary of 

14 Homeland Security’’. 

15 (B) Section 236(a) of such Act (8 U.S.C. 

16 1226(a)) is amended by inserting ‘‘the Secretary of 

17 Homeland Security or’’ before ‘‘the Attorney Gen18 eral—’’. 

19 (C) Section 236(e) of such Act (8 U.S.C. 1226(e)) 

20 is amended by striking ‘‘Attorney General’s’’ and in21 serting ‘‘Secretary of Homeland Security’s’’. 

22 (2) LENGTH OF DETENTION.—Section 236 of 

23 such Act (8 U.S.C. 1226) is amended by adding at 

24 the end the following: 

25 ‘‘(f) LENGTH OF DETENTION.— 

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

2 provision of this section, an alien may be detained 

3 under this section for any period, without limitation, 

4 except as provided in subsection (h), until the alien 

5 is subject to a final order of removal. 

6 ‘‘(2) CONSTRUCTION.—The length of detention 

7 under this section shall not affect detention under sec8 tion 241.’’. 

9 (3) DETENTION OF CRIMINAL ALIENS.—Section 

10 236(c)(1) of the Immigration and Nationality Act (8 

11 U.S.C. 1226(c)(1)) (as added by section 309(b)(3)) is 

12 further amended, in the matter following subpara13 graph (E) to read as follows: 

14 ‘‘any time after the alien is released, without regard 

15 to whether an alien is released related to any activity, 

16 offense, or conviction described in this paragraph; to 

17 whether the alien is released on parole, supervised re18 lease, or probation; or to whether the alien may be ar19 rested or imprisoned again for the same offense. If the 

20 activity described in this paragraph does not result in 

21 the alien being taken into custody by any person 

22 other than the Secretary, then when the alien is 

23 brought to the attention of the Secretary or when the 

24 Secretary determines it is practical to take such alien 

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1 into custody, the Secretary shall take such alien into 

2 custody.’’. 

3 (4) ADMINISTRATIVE REVIEW.—Section 236 of 

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

5 1226), as amended by paragraph (2), is further 

6 amended by adding at the end the following: 

7 ‘‘(g) ADMINISTRATIVE REVIEW.— 

8 ‘‘(1) IN GENERAL.—The Attorney General’s re9 view of the Secretary’s custody determinations under 

10 subsection (a) for the following classes of aliens shall 

11 be limited to whether the alien may be detained, re12 leased on bond (of at least $1,500 with security ap13 proved by the Secretary), or released with no bond: 

14 ‘‘(A) Aliens in exclusion proceedings. 

15 ‘‘(B) Aliens described in section 212(a)(3) 

16 or 237(a)(4). 

17 ‘‘(C) Aliens described in subsection (c). 

18 ‘‘(2) SPECIAL RULE.—The Attorney General’s re19 view of the Secretary’s custody determinations under 

20 subsection (a) for aliens in deportation proceedings 

21 subject to section 242(a)(2) of the Act (as in effect 

22 prior to April 1, 1997, and as amended by section 

23 440(c) of Public Law 104–132) shall be limited to a 

24 determination of whether the alien is properly in25 cluded in such category. 

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1 ‘‘(h) RELEASE ON BOND.— 

2 ‘‘(1) IN GENERAL.—An alien detained under 

3 subsection (a) may seek release on bond. No bond may 

4 be granted except to an alien who establishes by clear 

5 and convincing evidence that the alien is not a flight 

6 risk or a risk to another person or the community. 

7 ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien de8 tained under subsection (c) may seek release on 

9 bond.’’. 

10 (5) CLERICAL AMENDMENTS.—(A) Section 

11 236(a)(2)(B) of the Immigration and Nationality Act 

12 (8 U.S.C. 1226(a)(2)(B)) is amended by striking 

13 ‘‘conditional parole’’ and inserting ‘‘recognizance’’. 

14 (B) Section 236(b) of such Act (8 U.S.C. 

15 1226(b)) is amended by striking ‘‘parole’’ and insert16 ing ‘‘recognizance’’. 

17 (c) SEVERABILITY.—If any of the provisions of this 

18 section or any amendment by this section, or the applica19 tion of any such provision to any person or circumstance, 

20 is held to be invalid for any reason, the remainder of this 

21 section and of amendments made by this section, and the 

22 application of the provisions and of the amendments made 

23 by this section to any other person or circumstance shall 

24 not be affected by such holding. 

25 (d) EFFECTIVE DATES.— 

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1 (1) The amendments made by subsection (a) 

2 shall take effect upon the date of enactment of this 

3 Act, and section 241 of the Immigration and Nation4 ality Act, as so amended, shall in addition apply 

5 to— 

6 (A) all aliens subject to a final administra7 tive removal, deportation, or exclusion order that 

8 was issued before, on, or after the date of the en9 actment of this Act; and 

10 (B) acts and conditions occurring or exist11 ing before, on, or after such date. 

12 (2) The amendments made by subsection (b) 

13 shall take effect upon the date of the enactment of this 

14 Act, and section 236 of the Immigration and Nation15 ality Act, as so amended, shall in addition apply to 

16 any alien in detention under provisions of such sec17 tion on or after such date. 

18 SEC. 311. GROUNDS OF INADMISSIBILITY AND DEPORT19 ABILITY FOR ALIEN GANG MEMBERS. 

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

21 of the Immigration and Nationality Act (8 U.S.C. 1101(a)) 

22 is amended by adding at the end the following: 

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

24 group, club, organization, or association of 5 or more per25 sons that has as one of its primary purposes the commission 

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1 of 1 or more of the following criminal offenses and the mem2 bers of which engage, or have engaged within the past 5 

3 years, in a continuing series of such offenses, or that has 

4 been designated as a criminal gang by the Secretary of 

5 Homeland Security, in consultation with the Attorney Gen6 eral, as meeting these criteria. The offenses described, wheth7 er in violation of Federal or State law or foreign law and 

8 regardless of whether the offenses occurred before, on, or 

9 after the date of the enactment of this paragraph, are the 

10 following: 

11 ‘‘(i) A ‘felony drug offense’ (as defined in section 

12 102 of the Controlled Substances Act (21 U.S.C. 

13 802)). 

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

15 bringing in and harboring certain aliens), section 277 

16 (relating to aiding or assisting certain aliens to enter 

17 the United States), or section 278 (relating to impor18 tation of alien for immoral purpose). 

19 ‘‘(iii) A crime of violence (as defined in section 

20 16 of title 18, United States Code). 

21 ‘‘(iv) A crime involving obstruction of justice, 

22 tampering with or retaliating against a witness, vic23 tim, or informant, or burglary. 

24 ‘‘(v) Any conduct punishable under sections 1028 

25 and 1029 of title 18, United States Code (relating to 

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1 fraud and related activity in connection with identi2 fication documents or access devices), sections 1581 

3 through 1594 of such title (relating to peonage, slav4 ery and trafficking in persons), section 1952 of such 

5 title (relating to interstate and foreign travel or 

6 transportation in aid of racketeering enterprises), sec7 tion 1956 of such title (relating to the laundering of 

8 monetary instruments), section 1957 of such title (re9 lating to engaging in monetary transactions in prop10 erty derived from specified unlawful activity), or sec11 tions 2312 through 2315 of such title (relating to 

12 interstate transportation of stolen motor vehicles or 

13 stolen property). 

14 ‘‘(vi) A conspiracy to commit an offense de15 scribed in clauses (i) through (v). 

16 ‘‘(B) Notwithstanding any other provision of law (in17 cluding any effective date), the term applies regardless of 

18 whether the conduct occurred before, on, or after the date 

19 of the enactment of this paragraph.’’. 

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

21 (8 U.S.C. 1182(a)(2)), as amended by section 302(a)(2) of 

22 this Act, is further amended by adding at the end the fol23 lowing: 

24 ‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL

25 GANGS.—Any alien is inadmissible who a conmstockstill on DSK4VPTVN1PROD with BILLS

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1 sular officer, the Secretary of Homeland Secu2 rity, or the Attorney General knows or has rea3 son to believe— 

4 ‘‘(i) to be or to have been a member of 

5 a criminal gang (as defined in section 

6 101(a)(53)); or 

7 ‘‘(ii) to have participated in the activi8 ties of a criminal gang (as defined in sec9 tion 101(a)(53)), knowing or having reason 

10 to know that such activities will promote, 

11 further, aid, or support the illegal activity 

12 of the criminal gang.’’. 

13 (c) DEPORTABILITY.—Section 237(a)(2) of the Immi14 gration and Nationality Act (8 U.S.C. 1227(a)(2)), as 

15 amended by section 302(c) of this Act, is further amended 

16 by adding at the end the following: 

17 ‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL

18 GANGS.—Any alien is deportable who the Sec19 retary of Homeland Security or the Attorney 

20 General knows or has reason to believe— 

21 ‘‘(i) is or has been a member of a 

22 criminal gang (as defined in section 

23 101(a)(53)); or 

24 ‘‘(ii) has participated in the activities 

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

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1 or having reason to know that such activi2 ties will promote, further, aid, or support 

3 the illegal activity of the criminal gang.’’. 

4 (d) DESIGNATION.— 

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

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

7 amended by inserting after section 219 the following: 

8 ‘‘DESIGNATION

9 ‘‘SEC. 220. (a) IN GENERAL.—The Secretary of Home10 land Security, in consultation with the Attorney General, 

11 and the Secretary of State may designate a group or asso12 ciation as a criminal street gang if their conduct is de13 scribed in section 101(a)(53) or if the group or association 

14 conduct poses a significant risk that threatens the security 

15 and the public safety of United States nationals or the na16 tional security, homeland security, foreign policy, or econ17 omy of the United States. 

18 ‘‘(b) EFFECTIVE DATE.—Designations under sub19 section (a) shall remain in effect until the designation is 

20 revoked after consultation between the Secretary of Home21 land Security, the Attorney General, and the Secretary of 

22 State or is terminated in accordance with Federal law.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents for such Act is amended by inserting after the 

25 item relating to section 219 the following: 

‘‘220. Designation.’’. 

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1 (e) MANDATORY DETENTION OF CRIMINAL STREET

2 GANG MEMBERS.— 

3 (1) IN GENERAL.—Section 236(c)(1)(D) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1226(c)(1)(D)) is amended— 

6 (A) by inserting ‘‘or 212(a)(2)(N)’’ after 

7 ‘‘212(a)(3)(B)’’; and 

8 (B) by inserting ‘‘237(a)(2)(H) or’’ before 

9 ‘‘237(a)(4)(B)’’. 

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

11 each year (beginning 1 year after the date of the en12 actment of this Act), the Secretary of Homeland Secu13 rity, after consultation with the appropriate Federal 

14 agencies, shall submit a report to the Committees on 

15 the Judiciary of the House of Representatives and of 

16 the Senate on the number of aliens detained under the 

17 amendments made by paragraph (1). 

18 (f) ASYLUM CLAIMS BASED ON GANG AFFILIATION.— 

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

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

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

23 preceding clause (i), by inserting ‘‘who is described in 

24 section 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or 

25 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)) (as 

3 amended by this Act) is further 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 (relating to participation in criminal street 

13 gangs); or’’. 

14 (g) TEMPORARY PROTECTED STATUS.—Section 244 of 

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

16 (1) by striking ‘‘Attorney General’’ each place it 

17 appears and inserting ‘‘Secretary of Homeland Secu18 rity’’; 

19 (2) in subparagraph (c)(2)(B)— 

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

21 end; 

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

23 and inserting ‘‘; or’’; and 

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

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

2 admission has been, a member of a criminal 

3 gang (as defined in section 101(a)(53)).’’; 

4 and 

5 (3) in subsection (d)— 

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

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

8 the following: ‘‘The Secretary of Homeland Secu9 rity may detain an alien provided temporary 

10 protected status under this section whenever ap11 propriate under any other provision of law.’’. 

12 (h) EFFECTIVE DATE.—The amendments made by this 

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

14 Act and shall apply to acts that occur before, on, or after 

15 the date of the enactment of this Act. 

16 SEC. 312. EXTENSION OF IDENTITY THEFT OFFENSES. 

17 (a) FRAUD AND RELATED ACTIVITIES RELATING TO

18 IDENTIFICATION DOCUMENTS.—Section 1028 of title 18, 

19 United States Code, is amended in subsection (a)(7), by 

20 striking ‘‘of another person’’ and inserting ‘‘that is not his 

21 or her own’’. 

22 (b) AGGRAVATED IDENTITY THEFT.—Section 

23 1028A(a) of title 18, United States Code, is amended by 

24 striking ‘‘of another person’’ both places it appears and in25 serting ‘‘that is not his or her own’’. 

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1 SEC. 313. LAUNDERING OF MONETARY INSTRUMENTS. 

2 (a) ADDITIONAL PREDICATE OFFENSES.—Section 

3 1956(c)(7)(D) of title 18, United States Code, is amended— 

4 (1) by inserting ‘‘section 1590 (relating to traf5 ficking with respect to peonage, slavery, involuntary 

6 servitude, or forced labor),’’ after ‘‘section 1363 (relat7 ing to destruction of property within the special mar8 itime and territorial jurisdiction),’’; and 

9 (2) by inserting ‘‘section 274(a) of the Immigra10 tion and Nationality Act (8 U.S.C.1324(a)) (relating 

11 to bringing in and harboring certain aliens),’’ after 

12 ‘‘section 590 of the Tariff Act of 1930 (19 U.S.C. 

13 1590) (relating to aviation smuggling),’’. 

14 (b) INTENT TO CONCEAL OR DISGUISE.—Section 

15 1956(a) of title 18, United States Code, is amended— 

16 (1) in paragraph (1) so that subparagraph (B) 

17 reads as follows: 

18 ‘‘(B) knowing that the transaction— 

19 ‘‘(i) conceals or disguises, or is intended to 

20 conceal or disguise, the nature, source, location, 

21 ownership, or control of the proceeds of some 

22 form of unlawful activity; or 

23 ‘‘(ii) avoids, or is intended to avoid, a 

24 transaction reporting requirement under State 

25 or Federal law,’’; and 

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1 (2) in paragraph (2) so that subparagraph (B) 

2 reads as follows: 

3 ‘‘(B) knowing that the monetary instrument or 

4 funds involved in the transportation, transmission, or 

5 transfer represent the proceeds of some form of unlaw6 ful activity, and knowing that such transportation, 

7 transmission, or transfer— 

8 ‘‘(i) conceals or disguises, or is intended to 

9 conceal or disguise, the nature, source, location, 

10 ownership, or control of the proceeds of some 

11 form of unlawful activity; or 

12 ‘‘(ii) avoids, or is intended to avoid, a 

13 transaction reporting requirement under State 

14 or Federal law,’’. 

15 SEC. 314. INCREASED CRIMINAL PENALTIES RELATING TO 

16 ALIEN SMUGGLING AND RELATED OFFENSES. 

17 (a) IN GENERAL.—Section 274 of the Immigration 

18 and Nationality Act (8 U.S.C. 1324), is amended to read 

19 as follows: 

20 ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES. 

21 ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— 

22 ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro23 vided in paragraph (3), a person shall be punished as 

24 provided under paragraph (2), if the person— 

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1 ‘‘(A) facilitates, encourages, directs, or in2 duces a person to come to or enter the United 

3 States, or to cross the border to the United 

4 States, knowing or in reckless disregard of the 

5 fact that such person is an alien who lacks law6 ful authority to come to, enter, or cross the bor7 der to the United States; 

8 ‘‘(B) facilitates, encourages, directs, or in9 duces a person to come to or enter the United 

10 States, or to cross the border to the United 

11 States, at a place other than a designated port 

12 of entry or place other than as designated by the 

13 Secretary of Homeland Security, knowing or in 

14 reckless disregard of the fact that such person is 

15 an alien and regardless of whether such alien has 

16 official permission or lawful authority to be in 

17 the United States; 

18 ‘‘(C) transports, moves, harbors, conceals, or 

19 shields from detection a person outside of the 

20 United States knowing or in reckless disregard of 

21 the fact that such person is an alien in unlawful 

22 transit from one country to another or on the 

23 high seas, under circumstances in which the 

24 alien is seeking to enter the United States with25 out official permission or lawful authority; 

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1 ‘‘(D) encourages or induces a person to re2 side in the United States, knowing or in reckless 

3 disregard of the fact that such person is an alien 

4 who lacks lawful authority to reside in the 

5 United States; 

6 ‘‘(E) transports or moves a person in the 

7 United States, knowing or in reckless disregard 

8 of the fact that such person is an alien who lacks 

9 lawful authority to enter or be in the United 

10 States, if the transportation or movement will 

11 further the alien’s illegal entry into or illegal 

12 presence in the United States; 

13 ‘‘(F) harbors, conceals, or shields from de14 tection a person in the United States, knowing 

15 or in reckless disregard of the fact that such per16 son is an alien who lacks lawful authority to be 

17 in the United States; or 

18 ‘‘(G) conspires or attempts to commit any 

19 of the acts described in subparagraphs (A) 

20 through (F). 

21 ‘‘(2) CRIMINAL PENALTIES.—A person who vio22 lates any provision under paragraph (1) shall, for 

23 each alien in respect to whom a violation of para24 graph (1) occurs— 

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1 ‘‘(A) except as provided in subparagraphs 

2 (C) through (G), if the violation was not com3 mitted for commercial advantage, profit, or pri4 vate financial gain, be fined under title 18, 

5 United States Code, imprisoned for not more 

6 than 5 years, or both; 

7 ‘‘(B) except as provided in subparagraphs 

8 (C) through (G), if the violation was committed 

9 for commercial advantage, profit, or private fi10 nancial gain— 

11 ‘‘(i) be fined under such title, impris12 oned for not more than 20 years, or both, if 

13 the violation is the offender’s first violation 

14 under this subparagraph; or 

15 ‘‘(ii) be fined under such title, impris16 oned for not less than 3 years or more than 

17 20 years, or both, if the violation is the of18 fender’s second or subsequent violation of 

19 this subparagraph; 

20 ‘‘(C) if the violation furthered or aided the 

21 commission of any other offense against the 

22 United States or any State that is punishable by 

23 imprisonment for more than 1 year, be fined 

24 under such title, imprisoned for not less than 5 

25 years or more than 20 years, or both; 

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1 ‘‘(D) be fined under such title, imprisoned 

2 not less than 5 years or more than 20 years, or 

3 both, if the violation created a substantial and 

4 foreseeable risk of death, a substantial and fore5 seeable risk of serious bodily injury (as defined 

6 in section 2119(2) of title 18, United States 

7 Code), or inhumane conditions to another per8 son, including— 

9 ‘‘(i) transporting the person in an en10 gine compartment, storage compartment, or 

11 other confined space; 

12 ‘‘(ii) transporting the person at an ex13 cessive speed or in excess of the rated capac14 ity of the means of transportation; or 

15 ‘‘(iii) transporting the person in, har16 boring the person in, or otherwise subjecting 

17 the person to crowded or dangerous condi18 tions; 

19 ‘‘(E) if the violation caused serious bodily 

20 injury (as defined in section 2119(2) of title 18, 

21 United States Code) to any person, be fined 

22 under such title, imprisoned for not less than 7 

23 years or more than 30 years, or both; 

24 ‘‘(F) be fined under such title and impris25 oned for not less than 10 years or more than 30 

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1 years if the violation involved an alien who the 

2 offender knew or had reason to believe was— 

3 ‘‘(i) engaged in terrorist activity (as 

4 defined in section 212(a)(3)(B)); or 

5 ‘‘(ii) intending to engage in terrorist 

6 activity; or 

7 ‘‘(G) if the violation caused or resulted in 

8 the death of any person, be punished by death or 

9 imprisoned for a term of years not less than 10 

10 years and up to life, and fined under title 18, 

11 United States Code. 

12 ‘‘(3) LIMITATION.—It is not a violation of sub13 paragraph (D), (E), or (F) of paragraph (1) for a re14 ligious denomination having a bona fide nonprofit, 

15 religious organization in the United States, or the 

16 agents or officers of such denomination or organiza17 tion, to encourage, invite, call, allow, or enable an 

18 alien who is present in the United States to perform 

19 the vocation of a minister or missionary for the de20 nomination or organization in the United States as 

21 a volunteer who is not compensated as an employee, 

22 notwithstanding the provision of room, board, travel, 

23 medical assistance, and other basic living expenses, 

24 provided the minister or missionary has been a mem25 ber of the denomination for at least 1 year. 

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1 ‘‘(4) EXTRATERRITORIAL JURISDICTION.—There 

2 is extraterritorial Federal jurisdiction over the of3 fenses described in this subsection. 

4 ‘‘(b) SEIZURE AND FORFEITURE.— 

5 ‘‘(1) IN GENERAL.—Any real or personal prop6 erty used to commit or facilitate the commission of a 

7 violation of this section, the gross proceeds of such 

8 violation, and any property traceable to such prop9 erty or proceeds, shall be subject to forfeiture. 

10 ‘‘(2) APPLICABLE PROCEDURES.—Seizures and 

11 forfeitures under this subsection shall be governed by 

12 the provisions of chapter 46 of title 18, United States 

13 Code, relating to civil forfeitures, except that such du14 ties as are imposed upon the Secretary of the Treas15 ury under the customs laws described in section 

16 981(d) shall be performed by such officers, agents, and 

17 other persons as may be designated for that purpose 

18 by the Secretary of Homeland Security. 

19 ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA20 TIONS OF VIOLATIONS.—In determining whether a 

21 violation of subsection (a) has occurred, prima facie 

22 evidence that an alien involved in the alleged viola23 tion lacks lawful authority to come to, enter, reside 

24 in, remain in, or be in the United States or that such 

25 alien had come to, entered, resided in, remained in, 

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1 or been present in the United States in violation of 

2 law may include: 

3 ‘‘(A) any order, finding, or determination 

4 concerning the alien’s status or lack of status 

5 made by a Federal judge or administrative adju6 dicator (including an immigration judge or im7 migration officer) during any judicial or admin8 istrative proceeding authorized under Federal 

9 immigration law; 

10 ‘‘(B) official records of the Department of 

11 Homeland Security, the Department of Justice, 

12 or the Department of State concerning the alien’s 

13 status or lack of status; and 

14 ‘‘(C) testimony by an immigration officer 

15 having personal knowledge of the facts con16 cerning the alien’s status or lack of status. 

17 ‘‘(c) AUTHORITY TO ARREST.—No officer or person 

18 shall have authority to make any arrests for a violation 

19 of any provision of this section except: 

20 ‘‘(1) officers and employees designated by the 

21 Secretary of Homeland Security, either individually 

22 or as a member of a class; and 

23 ‘‘(2) other officers responsible for the enforcement 

24 of Federal criminal laws. 

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1 ‘‘(d) ADMISSIBILITY OF VIDEOTAPED WITNESS TESTI2 MONY.—Notwithstanding any provision of the Federal 

3 Rules of Evidence, the videotaped or otherwise audio4 visually preserved deposition of a witness to a violation of 

5 subsection (a) who has been deported or otherwise expelled 

6 from the United States, or is otherwise unavailable to tes7 tify, may be admitted into evidence in an action brought 

8 for that violation if: 

9 ‘‘(1) the witness was available for cross examina10 tion at the deposition by the party, if any, opposing 

11 admission of the testimony; and 

12 ‘‘(2) the deposition otherwise complies with the 

13 Federal Rules of Evidence. 

14 ‘‘(e) DEFINITIONS.—In this section: 

15 ‘‘(1) CROSS THE BORDER TO THE UNITED

16 STATES.—The term ‘cross the border’ refers to the 

17 physical act of crossing the border, regardless of 

18 whether the alien is free from official restraint. 

19 ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful au20 thority’ means permission, authorization, or license 

21 that is expressly provided for in the immigration 

22 laws of the United States or accompanying regula23 tions. The term does not include any such authority 

24 secured by fraud or otherwise obtained in violation of 

25 law or authority sought, but not approved. No alien 

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1 shall be deemed to have lawful authority to come to, 

2 enter, reside in, remain in, or be in the United States 

3 if such coming to, entry, residence, remaining, or 

4 presence was, is, or would be in violation of law. 

5 ‘‘(3) PROCEEDS.—The term ‘proceeds’ includes 

6 any property or interest in property obtained or re7 tained as a consequence of an act or omission in vio8 lation of this section. 

9 ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlawful 

10 transit’ means travel, movement, or temporary pres11 ence that violates the laws of any country in which 

12 the alien is present or any country from which or to 

13 which the alien is traveling or moving.’’. 

14 (b) CLERICAL AMENDMENT.—The table of contents for 

15 the Immigration and Nationality Act is amended by strik16 ing the item relating to section 274 and inserting the fol17 lowing: 

‘‘Sec. 274. Alien smuggling and related offenses.’’. 

18 (c) PROHIBITING CARRYING OR USING A FIREARM

19 DURING AND IN RELATION TO AN ALIEN SMUGGLING

20 CRIME.—Section 924(c) of title 18, United States Code, is 

21 amended— 

22 (1) in paragraph (1)— 

23 (A) in subparagraph (A)—— 

24 (i) by inserting ‘‘, alien smuggling 

25 crime,’’ after ‘‘any crime of violence’’; and 

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1 (ii) by inserting ‘‘, alien smuggling 

2 crime,’’ after ‘‘such crime of violence’’; and 

3 (B) in subparagraph (D)(ii), by inserting 

4 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio5 lence’’; and 

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

7 ‘‘(6) For purposes of this subsection, the term ‘alien 

8 smuggling crime’ means any felony punishable under sec9 tion 274(a), 277, or 278 of the Immigration and Nation10 ality Act (8 U.S.C. 1324(a), 1327, and 1328).’’. 

11 SEC. 315. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE. 

12 (a) IN GENERAL.—Section 275 of the Immigration 

13 and Nationality Act (8 U.S.C. 1325) is amended to read 

14 as follows: 

15 ‘‘ILLEGAL ENTRY OR PRESENCE

16 ‘‘SEC. 275. (a) IN GENERAL.— 

17 ‘‘(1) ILLEGAL ENTRY.—An alien shall be subject 

18 to the penalties set forth in paragraph (2) if the alien: 

19 ‘‘(A) knowingly enters or crosses the border 

20 into the United States at any time or place other 

21 than as designated by the Secretary of Homeland 

22 Security; 

23 ‘‘(B) knowingly eludes, at any time or 

24 place, examination or inspection by an author25 ized immigration, customs, or agriculture officer 

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1 (including by failing to stop at the command of 

2 such officer); 

3 ‘‘(C) knowingly enters or crosses the border 

4 to the United States and, upon examination or 

5 inspection, knowingly makes a false or mis6 leading representation or the knowing conceal7 ment of a material fact (including such represen8 tation or concealment in the context of arrival, 

9 reporting, entry, or clearance requirements of the 

10 customs laws, immigration laws, agriculture 

11 laws, or shipping laws); 

12 ‘‘(D) knowingly violates the terms or condi13 tions of the alien’s admission or parole into the 

14 United States; or 

15 ‘‘(E) knowingly is unlawfully present in the 

16 United States (as defined in section 

17 212(a)(9)(B)(ii) subject to the exceptions set for 

18 in section 212(a)(9)(B)(iii)). 

19 ‘‘(2) CRIMINAL PENALTIES.—Any alien who vio20 lates any provision under paragraph (1): 

21 ‘‘(A) shall, for the first violation, be fined 

22 under title 18, United States Code, imprisoned 

23 not more than 6 months, or both; 

24 ‘‘(B) shall, for a second or subsequent viola25 tion, or following an order of voluntary deparmstockstill on DSK4VPTVN1PROD with BILLS

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1 ture, be fined under such title, imprisoned not 

2 more than 2 years (or not more than 6 months 

3 in the case of a second or subsequent violation of 

4 paragraph (1)(E)), or both; 

5 ‘‘(C) if the violation occurred after the alien 

6 had been convicted of 3 or more misdemeanors or 

7 for a felony, shall be fined under such title, im8 prisoned not more than 10 years, or both; 

9 ‘‘(D) if the violation occurred after the alien 

10 had been convicted of a felony for which the alien 

11 received a term of imprisonment of not less than 

12 30 months, shall be fined under such title, im13 prisoned not more than 15 years, or both; and 

14 ‘‘(E) if the violation occurred after the alien 

15 had been convicted of a felony for which the alien 

16 received a term of imprisonment of not less than 

17 60 months, such alien shall be fined under such 

18 title, imprisoned not more than 20 years, or 

19 both. 

20 ‘‘(3) PRIOR CONVICTIONS.—The prior convictions 

21 described in subparagraphs (C) through (E) of para22 graph (2) are elements of the offenses described and 

23 the penalties in such subparagraphs shall apply only 

24 in cases in which the conviction or convictions that 

25 form the basis for the additional penalty are— 

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1 ‘‘(A) alleged in the indictment or informa2 tion; and 

3 ‘‘(B) proven beyond a reasonable doubt at 

4 trial or admitted by the defendant. 

5 ‘‘(4) DURATION OF OFFENSE.—An offense under 

6 this subsection continues until the alien is discovered 

7 within the United States by an immigration, cus8 toms, or agriculture officer. 

9 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

10 any offense under this section shall be punished in the 

11 same manner as for a completion of such offense. 

12 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PENALTIES.— 

13 Any alien who is apprehended while entering, attempting 

14 to enter, or knowingly crossing or attempting to cross the 

15 border to the United States at a time or place other than 

16 as designated by immigration officers shall be subject to a 

17 civil penalty, in addition to any criminal or other civil 

18 penalties that may be imposed under any other provision 

19 of law, in an amount equal to— 

20 ‘‘(1) not less than $50 or more than $250 for 

21 each such entry, crossing, attempted entry, or at22 tempted crossing; or 

23 ‘‘(2) twice the amount specified in paragraph (1) 

24 if the alien had previously been subject to a civil pen25 alty under this subsection.’’. 

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1 (b) CLERICAL AMENDMENT.—The table of contents for 

2 the Immigration and Nationality Act is amended by strik3 ing the item relating to section 275 and inserting the fol4 lowing: 

‘‘Sec. 275. Illegal entry or presence.’’. 

5 SEC. 316. ILLEGAL REENTRY. 

6 Section 276 of the Immigration and Nationality Act 

7 (8 U.S.C. 1326) is amended to read as follows: 

8 ‘‘REENTRY OF REMOVED ALIEN

9 ‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.—Any 

10 alien who has been denied admission, excluded, deported, 

11 or removed, or who has departed the United States while 

12 an order of exclusion, deportation, or removal is out13 standing, and subsequently enters, attempts to enter, crosses 

14 the border to, attempts to cross the border to, or is at any 

15 time found in the United States, shall be fined under title 

16 18, United States Code, imprisoned not more than 2 years, 

17 or both. 

18 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Notwith19 standing the penalty provided in subsection (a), if an alien 

20 described in that subsection was convicted before such re21 moval or departure— 

22 ‘‘(1) for 3 or more misdemeanors or for a felony, 

23 the alien shall be fined under title 18, United States 

24 Code, imprisoned not more than 10 years, or both; 

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1 ‘‘(2) for a felony for which the alien was sen2 tenced to a term of imprisonment of not less than 30 

3 months, the alien shall be fined under such title, im4 prisoned not less than 2 years and not more than 15 

5 years, or both; 

6 ‘‘(3) for a felony for which the alien was sen7 tenced to a term of imprisonment of not less than 60 

8 months, the alien shall be fined under such title, im9 prisoned not less than 4 years and not more than 20 

10 years, or both; or 

11 ‘‘(4) for murder, rape, kidnapping, or a felony 

12 offense described in chapter 77 (relating to peonage 

13 and slavery) or 113B (relating to terrorism) of such 

14 title, or for 3 or more felonies of any kind, the alien 

15 shall be fined under such title, imprisoned not less 

16 than 5 years and not more than 25 years, or both. 

17 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

18 alien who has been denied admission, excluded, deported, 

19 or removed 3 or more times and thereafter enters, attempts 

20 to enter, crosses the border to, attempts to cross the border 

21 to, or is at any time found in the United States, shall be 

22 fined under title 18, United States Code, imprisoned not 

23 more than 10 years, or both. 

24 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior con25 victions described in subsection (b) are elements of the 

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1 crimes described, and the penalties in that subsection shall 

2 apply only in cases in which the conviction or convictions 

3 that form the basis for the additional penalty are— 

4 ‘‘(1) alleged in the indictment or information; 

5 and 

6 ‘‘(2) proven beyond a reasonable doubt at trial 

7 or admitted by the defendant. 

8 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an affirma9 tive defense to a violation of this section that— 

10 ‘‘(1) prior to the alleged violation, the alien had 

11 sought and received the express consent of the Sec12 retary of Homeland Security to reapply for admis13 sion into the United States; or 

14 ‘‘(2) with respect to an alien previously denied 

15 admission and removed, the alien— 

16 ‘‘(A) was not required to obtain such ad17 vance consent under the Immigration and Na18 tionality Act or any prior Act; and 

19 ‘‘(B) had complied with all other laws and 

20 regulations governing the alien’s admission into 

21 the United States. 

22 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UNDER23 LYING REMOVAL ORDER.—In a criminal proceeding under 

24 this section, an alien may not challenge the validity of any 

25 prior removal order concerning the alien. 

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1 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM2 PLETION OF TERM OF IMPRISONMENT.—Any alien removed 

3 pursuant to section 241(a)(4) who enters, attempts to enter, 

4 crosses the border to, attempts to cross the border to, or is 

5 at any time found in, the United States shall be incarcer6 ated for the remainder of the sentence of imprisonment 

7 which was pending at the time of deportation without any 

8 reduction for parole or supervised release unless the alien 

9 affirmatively demonstrates that the Secretary of Homeland 

10 Security has expressly consented to the alien’s reentry. Such 

11 alien shall be subject to such other penalties relating to the 

12 reentry of removed aliens as may be available under this 

13 section or any other provision of law. 

14 ‘‘(h) DEFINITIONS.—For purposes of this section and 

15 section 275, the following definitions shall apply: 

16 ‘‘(1) CROSSES THE BORDER TO THE UNITED

17 STATES.—The term ‘crosses the border’ refers to the 

18 physical act of crossing the border, regardless of 

19 whether the alien is free from official restraint. 

20 ‘‘(2) FELONY.—The term ‘felony’ means any 

21 criminal offense punishable by a term of imprison22 ment of more than 1 year under the laws of the 

23 United States, any State, or a foreign government. 

24 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

25 means any criminal offense punishable by a term of 

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1 imprisonment of not more than 1 year under the ap2 plicable laws of the United States, any State, or a 

3 foreign government. 

4 ‘‘(4) REMOVAL.—The term ‘removal’ includes 

5 any denial of admission, exclusion, deportation, or re6 moval, or any agreement by which an alien stipulates 

7 or agrees to exclusion, deportation, or removal. 

8 ‘‘(5) STATE.—The term ‘State’ means a State of 

9 the United States, the District of Columbia, and any 

10 commonwealth, territory, or possession of the United 

11 States.’’. 

12 SEC. 317. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

13 FRAUD OFFENSES. 

14 Chapter 75 of title 18, United States Code, is amended 

15 to read as follows: 

16 ‘‘CHAPTER 75—PASSPORTS AND VISAS 

‘‘Sec. 

‘‘1541. Issuance without authority. 

‘‘1542. False statement in application and use of passport. 

‘‘1543. Forgery or false use of passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to defraud aliens. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Attempts and conspiracies. 

‘‘1548. Alternative penalties for certain offenses. 

‘‘1549. Definitions. 

17 ‘‘§ 1541. Issuance without authority 

18 ‘‘(a) IN GENERAL.—Whoever— 

19 ‘‘(1) acting or claiming to act in any office or 

20 capacity under the United States, or a State, without 

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1 lawful authority grants, issues, or verifies any pass2 port or other instrument in the nature of a passport 

3 to or for any person; or 

4 ‘‘(2) being a consular officer authorized to grant, 

5 issue, or verify passports, knowingly grants, issues, or 

6 verifies any such passport to or for any person not 

7 owing allegiance, to the United States, whether a cit8 izen or not; 

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

10 15 years, or both. 

11 ‘‘(b) DEFINITION.—In this section, the term ‘State’ 

12 means a State of the United States, the District of Colum13 bia, and any commonwealth, territory, or possession of the 

14 United States. 

15 ‘‘§ 1542. False statement in application and use of 

16 passport 

17 ‘‘Whoever knowingly— 

18 ‘‘(1) makes any false statement in an applica19 tion for passport with intent to induce or secure the 

20 issuance of a passport under the authority of the 

21 United States, either for his own use or the use of an22 other, contrary to the laws regulating the issuance of 

23 passports or the rules prescribed pursuant to such 

24 laws; or 

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1 ‘‘(2) uses or attempts to use, or furnishes to an2 other for use any passport the issue of which was se3 cured in any way by reason of any false statement; 

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

5 15 years, or both. 

6 ‘‘§ 1543. Forgery or false use of passport 

7 ‘‘Whoever— 

8 ‘‘(1) falsely makes, forges, counterfeits, mutilates, 

9 or alters any passport or instrument purporting to be 

10 a passport, with intent that the same may be used; 

11 or 

12 ‘‘(2) knowingly uses, or attempts to use, or fur13 nishes to another for use any such false, forged, coun14 terfeited, mutilated, or altered passport or instrument 

15 purporting to be a passport, or any passport validly 

16 issued which has become void by the occurrence of any 

17 condition therein prescribed invalidating the same; 

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

19 15 years, or both. 

20 ‘‘§ 1544. Misuse of a passport 

21 ‘‘Whoever knowingly— 

22 ‘‘(1) uses any passport issued or designed for the 

23 use of another; 

24 ‘‘(2) uses any passport in violation of the condi25 tions or restrictions therein contained, or in violation 

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1 of the laws, regulations, or rules governing the 

2 issuance and use of the passport; 

3 ‘‘(3) secures, possesses, uses, receives, buys, sells, 

4 or distributes any passport knowing it to be forged, 

5 counterfeited, altered, falsely made, procured by 

6 fraud, stolen, or produced or issued without lawful 

7 authority; or 

8 ‘‘(4) violates the terms and conditions of any 

9 safe conduct duly obtained and issued under the au10 thority of the United States; 

11 shall be fined under this title, imprisoned not more than 

12 15 years, or both. 

13 ‘‘§ 1545. Schemes to defraud aliens 

14 ‘‘Whoever inside the United States, or in or affecting 

15 interstate or foreign commerce, in connection with any mat16 ter that is authorized by or arises under the immigration 

17 laws of the United States or any matter the offender claims 

18 or represents is authorized by or arises under the immigra19 tion laws of the United States, knowingly executes a scheme 

20 or artifice— 

21 ‘‘(1) to defraud any person, or 

22 ‘‘(2) to obtain or receive money or anything else 

23 of value from any person by means of false or fraudu24 lent pretenses, representations, or promises; 

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1 shall be fined under this title, imprisoned not more than 

2 15 years, or both. 

3 ‘‘§ 1546. Immigration and visa fraud 

4 ‘‘Whoever knowingly— 

5 ‘‘(1) uses any immigration document issued or 

6 designed for the use of another; 

7 ‘‘(2) forges, counterfeits, alters, or falsely makes 

8 any immigration document; 

9 ‘‘(3) mails, prepares, presents, or signs any im10 migration document knowing it to contain any mate11 rially false statement or representation; 

12 ‘‘(4) secures, possesses, uses, transfers, receives, 

13 buys, sells, or distributes any immigration document 

14 knowing it to be forged, counterfeited, altered, falsely 

15 made, stolen, procured by fraud, or produced or 

16 issued without lawful authority; 

17 ‘‘(5) adopts or uses a false or fictitious name to 

18 evade or to attempt to evade the immigration laws; 

19 ‘‘(6) transfers or furnishes, without lawful au20 thority, an immigration document to another person 

21 for use by a person other than the person for whom 

22 the immigration document was issued or designed; or 

23 ‘‘(7) produces, issues, authorizes, or verifies, 

24 without lawful authority, an immigration document; 

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1 shall be fined under this title, imprisoned not more than 

2 15 years, or both. 

3 ‘‘§ 1547. Attempts and conspiracies 

4 ‘‘Whoever attempts or conspires to violate this chapter 

5 shall be punished in the same manner as a person who com6 pletes that violation. 

7 ‘‘§ 1548. Alternative penalties for certain offenses 

8 ‘‘(a) TERRORISM.—Whoever violates any section in 

9 this chapter to facilitate an act of international terrorism 

10 or domestic terrorism (as such terms are defined in section 

11 2331), shall be fined under this title or imprisoned not more 

12 than 25 years, or both. 

13 ‘‘(b) DRUG TRAFFICKING OFFENSES.—Whoever vio14 lates any section in this chapter to facilitate a drug traf15 ficking crime (as defined in section 929(a)) shall be fined 

16 under this title or imprisoned not more than 20 years, or 

17 both. 

18 ‘‘§ 1549. Definitions 

19 ‘‘In this chapter: 

20 ‘‘(1) An ‘application for a United States pass21 port’ includes any document, photograph, or other 

22 piece of evidence attached to or submitted in support 

23 of the application. 

24 ‘‘(2) The term ‘immigration document’ means 

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1 ters, figures, or marks, matters which may be used to 

2 fulfill any requirement of the Immigration and Na3 tionality Act.’’. 

4 SEC. 318. FORFEITURE. 

5 Section 981(a)(1) of title 18, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(I) Any property, real or personal, that has 

8 been used to commit or facilitate the commission of 

9 a violation of chapter 75, the gross proceeds of such 

10 violation, and any property traceable to any such 

11 property or proceeds.’’. 

12 SEC. 319. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 

13 ON CRIMINAL OR SECURITY GROUNDS. 

14 (a) IN GENERAL.—Section 238(b) of the Immigration 

15 and Nationality Act (8 U.S.C. 1228(b)) is amended– 

16 (1) in paragraph (1)— 

17 (A) by striking ‘‘Attorney General’’ and in18 serting ‘‘Secretary of Homeland Security in the 

19 exercise of discretion’’; and 

20 (B) by striking ‘‘set forth in this subsection 

21 or’’ and inserting ‘‘set forth in this subsection, in 

22 lieu of removal proceedings under’’; 

23 (2) in paragraph (3), by striking ‘‘paragraph (1) 

24 until 14 calendar days’’ and inserting ‘‘paragraph 

25 (1) or (3) until 7 calendar days’’; 

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1 (3) by striking ‘‘Attorney General’’ each place it 

2 appears in paragraphs (3) and (4) and inserting 

3 ‘‘Secretary of Homeland Security’’; 

4 (4) in paragraph (5)— 

5 (A) by striking ‘‘described in this section’’ 

6 and inserting ‘‘described in paragraph (1) or 

7 (2)’’; and 

8 (B) by striking ‘‘the Attorney General may 

9 grant in the Attorney General’s discretion’’ and 

10 inserting ‘‘the Secretary of Homeland Security 

11 or the Attorney General may grant, in the dis12 cretion of the Secretary or Attorney General, in 

13 any proceeding’’; 

14 (5) by redesignating paragraphs (3), (4), and (5) 

15 as paragraphs (4), (5), and (6), respectively; and 

16 (6) by inserting after paragraph (2) the fol17 lowing new paragraph: 

18 ‘‘(3) The Secretary of Homeland Security in the 

19 exercise of discretion may determine inadmissibility 

20 under section 212(a)(2) (relating to criminal offenses) 

21 and issue an order of removal pursuant to the proce22 dures set forth in this subsection, in lieu of removal 

23 proceedings under section 240, with respect to an 

24 alien who 

25 ‘‘(A) has not been admitted or paroled; 

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1 ‘‘(B) has not been found to have a credible 

2 fear of persecution pursuant to the procedures set 

3 forth in section 235(b)(1)(B); and 

4 ‘‘(C) is not eligible for a waiver of inadmis5 sibility or relief from removal.’’. 

6 (b) EFFECTIVE DATE.—The amendments made by sub7 section (a) shall take effect on the date of the enactment 

8 of this Act but shall not apply to aliens who are in removal 

9 proceedings under section 240 of the Immigration and Na10 tionality Act as of such date. 

11 SEC. 320. INCREASED PENALTIES BARRING THE ADMISSION 

12 OF CONVICTED SEX OFFENDERS FAILING TO 

13 REGISTER AND REQUIRING DEPORTATION OF 

14 SEX OFFENDERS FAILING TO REGISTER. 

15 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) of the 

16 Immigration and Nationality Act (8 U.S.C. 

17 1182(a)(2)(A)(i)), as amended by section 302(a) of this Act, 

18 is further amended— 

19 (1) in subclause (II), by striking ‘‘or’’ at the end; 

20 (2) in subclause (III), by adding ‘‘or’’ at the end; 

21 and 

22 (3) by inserting after subclause (III) the fol23 lowing: 

24 ‘‘(IV) a violation of section 2250 

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1 ing to failure to register as a sex of2 fender),’’. 

3 (b) DEPORTABILITY.—Section 237(a)(2) of such Act (8 

4 U.S.C. 1227(a)(2)), as amended by sections 302(c) and 

5 311(c) of this Act, is further amended— 

6 (1) in subparagraph (A), by striking clause (v); 

7 and 

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

9 ‘‘(I) FAILURE TO REGISTER AS A SEX OF10 FENDER.—Any alien convicted of, or who admits 

11 having committed, or who admits committing 

12 acts which constitute the essential elements of a 

13 violation of section 2250 of title 18, United 

14 States Code (relating to failure to register as a 

15 sex offender) is deportable.’’. 

16 (c) EFFECTIVE DATE.—The amendments made by this 

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

18 Act and shall apply to acts that occur before, on, or after 

19 the date of the enactment of this Act. 

20 SEC. 321. PROTECTING IMMIGRANTS FROM CONVICTED SEX 

21 OFFENDERS. 

22 (a) IMMIGRANTS.—Section 204(a)(1) of the Immigra23 tion and Nationality Act (8 U.S.C. 1154(a)(1)), is amend24 ed— 

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1 (1) in subparagraph (A), by amending clause 

2 (viii) to read as follows: 

3 ‘‘(viii) Clause (i) shall not apply to a citizen of the 

4 United States who has been convicted of an offense described 

5 in subparagraph (A), (I), or (K) of section 101(a)(43), un6 less the Secretary of Homeland Security, in the Secretary’s 

7 sole and unreviewable discretion, determines that the citizen 

8 poses no risk to the alien with respect to whom a petition 

9 described in clause (i) is filed.’’; and 

10 (2) in subparagraph (B)(i)— 

11 (A) by redesignating the second subclause 

12 (I) as subclause (II); and 

13 (B) by amending such subclause (II) to read 

14 as follows: 

15 ‘‘(II) Subclause (I) shall not apply in the case of an 

16 alien admitted for permanent residence who has been con17 victed of an offense described in subparagraph (A), (I), or 

18 (K) of section 101(a)(43), unless the Secretary of Homeland 

19 Security, in the Secretary’s sole and unreviewable discre20 tion, determines that the alien lawfully admitted for perma21 nent residence poses no risk to the alien with respect to 

22 whom a petition described in subclause (I) is filed.’’. 

23 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) of such 

24 Act (8 U.S.C. 1101(a)(15)(K)), is amended by striking 

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1 ‘‘204(a)(1)(A)(viii)(I))’’ each place such term appears and 

2 inserting ‘‘204(a)(1)(A)(viii))’’. 

3 (c) EFFECTIVE DATE.—The amendments made by this 

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

5 Act and shall apply to petitions filed on or after such date. 

6 SEC. 322. CLARIFICATION TO CRIMES OF VIOLENCE AND 

7 CRIMES INVOLVING MORAL TURPITUDE. 

8 (a) INADMISSIBLE ALIENS.—Section 212(a)(2)(A) of 

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

10 1182(a)(2)(A)) is amended by adding at the end the fol11 lowing: 

12 ‘‘(iii) CLARIFICATION.—If the convic13 tion records do not conclusively establish 

14 whether a crime constitutes a crime involv15 ing moral turpitude, the Attorney General 

16 may consider other evidence related to the 

17 conviction that clearly establishes that the 

18 conduct for which the alien was engaged 

19 constitutes a crime involving moral turpi20 tude.’’. 

21 (b) DEPORTABLE ALIENS.— 

22 (1) GENERAL CRIMES.—Section 237(a)(2)(A) of 

23 such Act (8 U.S.C. 1227(a)(2)(A)), as amended by 

24 section 320(b) of this Act, is further amended by in25 serting after clause (iv) the following: 

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1 ‘‘(v) CRIMES INVOLVING MORAL TURPI2 TUDE.—If the conviction records do not 

3 conclusively establish whether a crime con4 stitutes a crime involving moral turpitude, 

5 the Attorney General may consider other 

6 evidence related to the conviction that clear7 ly establishes that the conduct for which the 

8 alien was engaged constitutes a crime in9 volving moral turpitude.’’. 

10 (2) DOMESTIC VIOLENCE.—Section 237(a)(2)(E) 

11 of such Act (8 U.S.C. 1227(a)(2)(E)) is amended by 

12 adding at the end the following: 

13 ‘‘(iii) CRIMES OF VIOLENCE.—If the 

14 conviction records do not conclusively estab15 lish whether a crime of domestic violence 

16 constitutes a crime of violence (as defined in 

17 section 16 of title 18, United States Code), 

18 the Attorney General may consider other 

19 evidence related to the conviction that clear20 ly establishes that the conduct for which the 

21 alien was engaged constitutes a crime of vi22 olence.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by this 

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

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1 Act and shall apply to acts that occur before, on, or after 

2 the date of the enactment of this Act. 

3 SEC. 323. PENALTIES FOR FAILURE TO OBEY REMOVAL OR4 DERS. 

5 (a) IN GENERAL.—Section 243(a) of the Immigration 

6 and Nationality Act (8 U.S.C. 1253(a)) is amended— 

7 (1) in the matter preceding subparagraph (A) of 

8 paragraph (1), by inserting ‘‘212(a) or’’ before 

9 ‘‘237(a),’’ ; and 

10 (2) by striking paragraph (3). 

11 (b) EFFECTIVE DATE.—The amendments made by sub12 section (a) shall take effect on the date of the enactment 

13 of this Act and shall apply to acts that are described in 

14 subparagraphs (A) through (D) of section 243(a)(1) of the 

15 Immigration and Nationality Act (8 U.S.C. 1253(a)(1)) 

16 that occur on or after the date of the enactment of this Act. 

17 SEC. 324. PARDONS. 

18 (a) DEFINITION.—Section 101(a) of the Immigration 

19 and Nationality Act (8 U.S.C. 1101(a)), as amended by sec20 tion 311(a) of this Act, is further amended by adding at 

21 the end the following: 

22 ‘‘(54) The term ‘pardon’ means a full and uncondi23 tional pardon granted by the President of the United States, 

24 Governor of any of the several States or constitutionally rec25 ognized body.’’. 

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1 (b) DEPORTABILITY.—Section 237(a) of such Act (8 

2 U.S.C. 1227(a)) is amended— 

3 (1) in paragraph (2)(A), by striking clause (vi); 

4 and 

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

6 ‘‘(8) PARDONS.—In the case of an alien who has 

7 been convicted of a crime and is subject to removal 

8 due to that conviction, if the alien, subsequent to re9 ceiving the criminal conviction, is granted a pardon, 

10 the alien shall not be deportable by reason of that 

11 criminal conviction.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by this 

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

14 Act and shall apply to a pardon granted before, on, or after 

15 such date. 

16 TITLE IV—VISA SECURITY 

17 SEC. 401. CANCELLATION OF ADDITIONAL VISAS. 

18 (a) IN GENERAL.—Section 222(g) of the Immigration 

19 and Nationality Act (8 U.S.C. 1202(g)) is amended— 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘Attorney General’’ and in22 serting ‘‘Secretary’’; and 

23 (B) by inserting ‘‘and any other non24 immigrant visa issued by the United States that 

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1 is in the possession of the alien’’ after ‘‘such 

2 visa’’; and 

3 (2) in paragraph (2)(A), by striking ‘‘(other 

4 than the visa described in paragraph (1)) issued in 

5 a consular office located in the country of the alien’s 

6 nationality’’ and inserting ‘‘(other than a visa de7 scribed in paragraph (1)) issued in a consular office 

8 located in the country of the alien’s nationality or 

9 foreign residence’’. 

10 (b) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect on the date of the enactment 

12 of this Act and shall apply to a visa issued before, on, or 

13 after such date. 

14 SEC. 402. VISA INFORMATION SHARING. 

15 (a) IN GENERAL.—Section 222(f) of the Immigration 

16 and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 

17 (1) by striking ‘‘issuance or refusal’’ and insert18 ing ‘‘issuance, refusal, or revocation’’; 

19 (2) in paragraph (2), in the matter preceding 

20 subparagraph (A), by striking ‘‘and on the basis of 

21 reciprocity’’; 

22 (3) in paragraph (2)(A)— 

23 (A) by inserting ‘‘(i)’’ after ‘‘for the purpose 

24 of’’; and 

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1 (B) by striking ‘‘illicit weapons; or’’ and 

2 inserting ‘‘illicit weapons, or (ii) determining a 

3 person’s deportability or eligibility for a visa, 

4 admission, or other immigration benefit;’’; 

5 (4) in paragraph (2)(B)— 

6 (A) by striking ‘‘for the purposes’’ and in7 serting ‘‘for one of the purposes’’; and 

8 (B) by striking ‘‘or to deny visas to persons 

9 who would be inadmissible to the United States.’’ 

10 and inserting ‘‘; or’’; and 

11 (5) in paragraph (2), by adding at the end the 

12 following: 

13 ‘‘(C) with regard to any or all aliens in the 

14 database specified data elements from each 

15 record, if the Secretary of State determines that 

16 it is in the national interest to provide such in17 formation to a foreign government.’’. 

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall take effect 60 days after the date of the 

20 enactment of the Act. 

21 SEC. 403. RESTRICTING WAIVER OF VISA INTERVIEWS. 

22 Section 222(h) of the Immigration and Nationality 

23 Act (8 U.S.C. 1202(h)(1)(B)) is amended— 

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1 (1) in paragraph (1)(C), by inserting ‘‘, in con2 sultation with the Secretary of Homeland Security,’’ 

3 after ‘‘if the Secretary’’; 

4 (2) in paragraph (1)(C)(i), by inserting ‘‘, where 

5 such national interest shall not include facilitation of 

6 travel of foreign nationals to the United States, reduc7 tion of visa application processing times, or the allo8 cation of consular resources’’ before the semicolon at 

9 the end; 

10 (3) in paragraph (2)— 

11 (A) by striking ‘‘or’’ at the end of subpara12 graph (E); 

13 (B) by striking the period at the end of sub14 paragraph (F) and inserting ‘‘; or’’; and 

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

16 ‘‘(G) is an individual— 

17 ‘‘(i) determined to be in a class of 

18 aliens determined by the Secretary of 

19 Homeland Security to be threats to national 

20 security; 

21 ‘‘(ii) identified by the Secretary of 

22 Homeland Security as a person of concern; 

23 or 

24 ‘‘(iii) applying for a visa in a visa 

25 category with respect to which the Secretary 

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1 of Homeland Security has determined that 

2 a waiver of the visa interview would create 

3 a high risk of degradation of visa program 

4 integrity.’’. 

5 SEC. 404. AUTHORIZING THE DEPARTMENT OF STATE TO 

6 NOT INTERVIEW CERTAIN INELIGIBLE VISA 

7 APPLICANTS. 

8 (a) IN GENERAL.—Section 222(h)(1) of the Immigra9 tion and Nationality Act (8 U.S.C. 1202(h)(1)) is amended 

10 by inserting ‘‘the alien is determined by the Secretary of 

11 State to be ineligible for a visa based upon review of the 

12 application or’’ after ‘‘unless’’. 

13 (b) GUIDANCE.—Not later than 90 days after the date 

14 of the enactment of this Act, the Secretary of State shall 

15 issue guidance to consular officers on the standards and 

16 processes for implementing the authority to deny visa ap17 plications without interview in cases where the alien is de18 termined by the Secretary of State to be ineligible for a 

19 visa based upon review of the application. 

20 (c) REPORTS.—Not less frequently than once each 

21 quarter, the Secretary of State shall submit to the Congress 

22 a report on the denial of visa applications without inter23 view, including— 

24 (1) the number of such denials; and 

25 (2) a post-by-post breakdown of such denials. 

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1 SEC. 405. VISA REFUSAL AND REVOCATION. 

2 (a) AUTHORITY OF THE SECRETARY OF HOMELAND

3 SECURITY AND THE SECRETARY OF STATE.— 

4 (1) IN GENERAL.—Section 428 of the Homeland 

5 Security Act of 2002 (6 U.S.C. 236) is amended by 

6 striking subsections (b) and (c) and inserting the fol7 lowing: 

8 ‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND

9 SECURITY.— 

10 ‘‘(1) IN GENERAL.—Notwithstanding section 

11 104(a) of the Immigration and Nationality Act (8 

12 U.S.C. 1104(a)) or any other provision of law, and 

13 except as provided in subsection (c) and except for the 

14 authority of the Secretary of State under subpara15 graphs (A) and (G) of section 101(a)(15) of the Immi16 gration and Nationality Act (8 U.S.C. 1101(a)(15)), 

17 the Secretary— 

18 ‘‘(A) shall have exclusive authority to issue 

19 regulations, establish policy, and administer and 

20 enforce the provisions of the Immigration and 

21 Nationality Act (8 U.S.C. 1101 et seq.) and all 

22 other immigration or nationality laws relating 

23 to the functions of consular officers of the United 

24 States in connection with the granting and re25 fusal of a visa; and 

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1 ‘‘(B) may refuse or revoke any visa to any 

2 alien or class of aliens if the Secretary, or des3 ignee, determines that such refusal or revocation 

4 is necessary or advisable in the security interests 

5 of the United States. 

6 ‘‘(2) EFFECT OF REVOCATION.—The revocation 

7 of any visa under paragraph (1)(B)— 

8 ‘‘(A) shall take effect immediately; and 

9 ‘‘(B) shall automatically cancel any other 

10 valid visa that is in the alien’s possession. 

11 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 

12 other provision of law, including section 2241 of title 

13 28, United States Code, or any other habeas corpus 

14 provision, and sections 1361 and 1651 of such title, 

15 no court shall have jurisdiction to review a decision 

16 by the Secretary of Homeland Security to refuse or 

17 revoke a visa, and no court shall have jurisdiction to 

18 hear any claim arising from, or any challenge to, 

19 such a refusal or revocation. 

20 ‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 

21 ‘‘(1) IN GENERAL.—The Secretary of State may 

22 direct a consular officer to refuse a visa requested by 

23 an alien if the Secretary of State determines such re24 fusal to be necessary or advisable in the interests of 

25 the United States. 

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1 ‘‘(2) LIMITATION.—No decision by the Secretary 

2 of State to approve a visa may override a decision by 

3 the Secretary of Homeland Security under subsection 

4 (b).’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 237(a)(1)(B) of the Immigration and Nationality Act 

7 (8 U.S.C. 1227(a)(1)(B)) is amended by striking 

8 ‘‘under section 221(i)’’. 

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

10 paragraph (1) shall take effect on the date of the en11 actment of this Act and shall apply to visa refusals 

12 and revocations occurring before, on, or after such 

13 date. 

14 (b) TECHNICAL CORRECTIONS TO THE HOMELAND SE15 CURITY ACT.—Section 428(a) of the Homeland Security Act 

16 of 2002 (6 U.S.C. 236(a)) is amended by— 

17 (1) striking ‘‘subsection’’ and inserting ‘‘section’’; 

18 and 

19 (2) striking ‘‘consular office’’ and inserting ‘‘con20 sular officer’’. 

21 SEC. 406. FUNDING FOR THE VISA SECURITY PROGRAM. 

22 (a) IN GENERAL.—The Department of State and Re23 lated Agency Appropriations Act, 2005 (title IV of division 

24 B of Public Law 108–447) is amended, in the fourth para25 graph under the heading ‘‘Diplomatic and Consular Promstockstill on DSK4VPTVN1PROD with BILLS

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1 grams’’, by striking ‘‘Beginning’’ and all that follows 

2 through the period at the end and inserting the following: 

3 ‘‘Beginning in fiscal year 2005 and thereafter, the Sec4 retary of State is authorized to charge surcharges related 

5 to consular services in support of enhanced border security 

6 that are in addition to the immigrant visa fees in effect 

7 on January 1, 2004: Provided, That funds collected pursu8 ant to this authority shall be credited to the appropriation 

9 for U.S. Immigration and Customs Enforcement for the fis10 cal year in which the fees were collected, and shall be avail11 able until expended for the funding of the Visa Security 

12 Program established by the Secretary of Homeland Security 

13 under section 428(e) of the Homeland Security Act of 2002 

14 (Public Law 107–296): Provided further, That such sur15 charges shall be 10 percent of the fee assessed on immigrant 

16 visa applications.’’. 

17 (b) REPAYMENT OF APPROPRIATED FUNDS.—Twenty 

18 percent of the funds collected each fiscal year under the 

19 heading ‘‘Diplomatic and Consular Programs’’ in the De20 partment of State and Related Agency Appropriations Act, 

21 2005 (title IV of division B of Public Law 108–447), as 

22 amended by subsection (a), shall be deposited into the gen23 eral fund of the Treasury as repayment of funds appro24 priated pursuant to section 407(c) of this Act until the en25 tire appropriated sum has been repaid. 

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1 SEC. 407. EXPEDITIOUS EXPANSION OF VISA SECURITY 

2 PROGRAM TO HIGH-RISK POSTS. 

3 (a) IN GENERAL.—Section 428(i) of the Homeland Se4 curity Act of 2002 (6 U.S.C. 236(i)) is amended to read 

5 as follows: 

6 ‘‘(i) VISA ISSUANCE AT DESIGNATED HIGH-RISK

7 POSTS.—Notwithstanding any other provision of law, the 

8 Secretary of Homeland Security shall conduct an on-site 

9 review of all visa applications and supporting documenta10 tion before adjudication at the top 30 visa-issuing posts des11 ignated jointly by the Secretaries of State and Homeland 

12 Security as high-risk posts.’’. 

13 (b) ASSIGNMENT OF PERSONNEL.—Not later than one 

14 year after the date of enactment of this section, the Sec15 retary of Homeland Security shall assign personnel to the 

16 visa-issuing posts referenced in section 428(i) of the Home17 land Security Act of 2002 (6 U.S.C. 236(i)), as amended 

18 by this section, and communicate such assignments to the 

19 Secretary of State. 

20 (c) APPROPRIATIONS.—There is authorized to be ap21 propriated $60,000,000 for each of the fiscal years 2014 and 

22 2015, which shall be used to expedite the implementation 

23 of section 428(i) of the Homeland Security Act, as amended 

24 by this section. 

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1 SEC. 408. EXPEDITED CLEARANCE AND PLACEMENT OF DE2 PARTMENT OF HOMELAND SECURITY PER3 SONNEL AT OVERSEAS EMBASSIES AND CON4 SULAR POSTS. 

5 Section 428 of the Homeland Security Act of 2002 (6 

6 U.S.C. 236) is amended by adding at the end the following: 

7 ‘‘(j) EXPEDITED CLEARANCE AND PLACEMENT OF DE8 PARTMENT OF HOMELAND SECURITY PERSONNEL AT OVER9 SEAS EMBASSIES AND CONSULAR POSTS.—Notwith10 standing any other provision of law, and the processes set 

11 forth in National Security Defense Directive 38 (dated June 

12 2, 1982) or any successor Directive, the Chief of Mission 

13 of a post to which the Secretary of Homeland Security has 

14 assigned personnel under subsection (e) or (i) shall ensure, 

15 not later than one year after the date on which the Sec16 retary of Homeland Security communicates such assign17 ment to the Secretary of State, that such personnel have 

18 been stationed and accommodated at post and are able to 

19 carry out their duties.’’. 

20 SEC. 409. ACCREDITATION REQUIREMENTS. 

21 (a) COLLEGES, UNIVERSITIES, AND LANGUAGE TRAIN22 ING PROGRAMS.—Section 101(a) of the Immigration and 

23 Nationality Act (8 U.S.C. 1101(a)) is amended— 

24 (1) in paragraph (15)(F)(i)— 

25 (A) by striking ‘‘section 214(l) at an estab26 lished college, university, seminary, conservatory, 

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1 academic high school, elementary school, or other 

2 academic institution or in an accredited lan3 guage training program in the United States’’ 

4 and inserting ‘‘section 214(m) at an accredited 

5 college, university, or language training pro6 gram, or at an established seminary, conserv7 atory, academic high school, elementary school, 

8 or other academic institution in the United 

9 States’’; 

10 (B) by striking ‘‘Attorney General’’ each 

11 place such term appears and inserting ‘‘Sec12 retary of Homeland Security’’; and 

13 (C) by striking ‘‘and if any such institution 

14 of learning or place of study fails to make re15 ports promptly the approval shall be with16 drawn,’’ and inserting ‘‘and if any such institu17 tion of learning of place of study fails to make 

18 reports promptly or fails to comply with any ac19 creditation requirement (including deadlines for 

20 submitting accreditation applications or obtain21 ing accreditation) the approval shall be with22 drawn,’’; and 

23 (2) by amending paragraph (52) to read as fol24 lows: 

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1 ‘‘(52) Except as provided in section 214(m)(4), the 

2 term ‘accredited college, university, or language training 

3 program’ means a college, university, or language training 

4 program that is accredited by an accrediting agency recog5 nized by the Secretary of Education.’’. 

6 (b) OTHER ACADEMIC INSTITUTIONS.—Section 

7 214(m) of the Immigration and Nationality Act (8 U.S.C. 

8 1184(m)) is amended by adding at the end the following: 

9 ‘‘(3) The Secretary of Homeland Security shall require 

10 accreditation of an academic institution (except for sem11 inaries or other religious institutions) for purposes of sec12 tion 101(a)(15)(F) if— 

13 ‘‘(A) that institution is not already required to 

14 be accredited under section 101(a)(15)(F)(i); and 

15 ‘‘(B) an appropriate accrediting agency recog16 nized by the Secretary of Education is able to provide 

17 such accreditation. 

18 ‘‘(4) The Secretary of Homeland Security, in the Sec19 retary’s discretion, may waive the accreditation require20 ment in paragraph (3) or section 101(a)(15)(F)(i) with re21 spect to an institution if such institution— 

22 ‘‘(A) is otherwise in compliance with the require23 ments of section 101(a)(15)(F)(i); and 

24 ‘‘(B) has been a candidate for accreditation for 

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1 creditation by an accrediting agency recognized by 

2 the Secretary of Education.’’. 

3 (c) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), the amendments made by this section 

6 shall— 

7 (A) take effect on the date that is 180 days 

8 after the date of enactment of this Act; and 

9 (B) apply with respect to applications for 

10 nonimmigrant visas that are filed on or after the 

11 effective date described in subparagraph (A). 

12 (2) TEMPORARY EXCEPTION.—During the 3-year 

13 period beginning on the effective date described in 

14 paragraph (1)(A), an institution that is newly re15 quired to be accredited under this section may con16 tinue to participate in the Student and Exchange 

17 Visitor Program notwithstanding the institution’s 

18 lack of accreditation if the institution— 

19 (A) was certified under the Student and 

20 Exchange Visitor Program on such date; 

21 (B) submitted an application for accredita22 tion to an accrediting agency recognized by the 

23 Secretary of Education during the 6-month pe24 riod ending on such date; and 

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1 (C) continues to progress toward accredita2 tion by such accrediting agency. 

3 SEC. 410. VISA FRAUD. 

4 (a) TEMPORARY SUSPENSION OF SEVIS ACCESS.— 

5 Section 641(d) of the Illegal Immigration Reform and Im6 migrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is 

7 amended— 

8 (1) in paragraph (1)(A), by striking ‘‘institu9 tion,,’’ and inserting ‘‘institution,’’; and 

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

11 ‘‘(3) EFFECT OF REASONABLE SUSPICION OF

12 FRAUD.—If the Secretary of Homeland Security has 

13 reasonable suspicion that an owner of, or a des14 ignated school official at, an approved institution of 

15 higher education, an other approved educational in16 stitution, or a designated exchange visitor program 

17 has committed fraud or attempted to commit fraud 

18 relating to any aspect of the Student and Exchange 

19 Visitor Program, the Secretary may immediately sus20 pend, without notice, such official’s or such school’s 

21 access to the Student and Exchange Visitor Informa22 tion System (SEVIS), including the ability to issue 

23 Form I–20s, pending a final determination by the 

24 Secretary with respect to the institution’s certification 

25 under the Student and Exchange Visitor Program.’’. 

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1 (b) EFFECT OF CONVICTION FOR VISA FRAUD.—Such 

2 section 641(d), as amended by subsection (a)(2), is further 

3 amended by adding at the end the following: 

4 ‘‘(4) PERMANENT DISQUALIFICATION FOR

5 FRAUD.—A designated school official at, or an owner 

6 of, an approved institution of higher education, an 

7 other approved educational institution, or a des8 ignated exchange visitor program who is convicted for 

9 fraud relating to any aspect of the Student and Ex10 change Visitor Program shall be permanently dis11 qualified from filing future petitions and from having 

12 an ownership interest or a management role, includ13 ing serving as a principal, owner, officer, board mem14 ber, general partner, designated school official, or any 

15 other position of substantive authority for the oper16 ations or management of the institution, in any 

17 United States educational institution that enrolls 

18 nonimmigrant alien students described in subpara19 graph (F) or (M) of section 101(a)(15) the Immigra20 tion and Nationality Act (8 U.S.C. 1101(a)(15)).’’. 

21 SEC. 411. BACKGROUND CHECKS. 

22 (a) IN GENERAL.—Section 641(d) of the Illegal Immi23 gration Reform and Immigrant Responsibility Act of 1996 

24 (8 U.S.C. 1372(d)), as amended by section 411(b) of this 

25 Act, is further amended by adding at the end the following: 

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1 ‘‘(5) BACKGROUND CHECK REQUIREMENT.— 

2 ‘‘(A) IN GENERAL.—An individual may not 

3 serve as a designated school official or be granted 

4 access to SEVIS unless the individual is a na5 tional of the United States or an alien lawfully 

6 admitted for permanent residence and during the 

7 most recent 3-year period— 

8 ‘‘(i) the Secretary of Homeland Secu9 rity has— 

10 ‘‘(I) conducted a thorough back11 ground check on the individual, includ12 ing a review of the individual’s crimi13 nal and sex offender history and the 

14 verification of the individual’s immi15 gration status; and 

16 ‘‘(II) determined that the indi17 vidual has not been convicted of any 

18 violation of United States immigration 

19 law and is not a risk to national secu20 rity of the United States; and 

21 ‘‘(ii) the individual has successfully 

22 completed an on-line training course on 

23 SEVP and SEVIS, which has been devel24 oped by the Secretary. 

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1 ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI2 CIAL.— 

3 ‘‘(i) IN GENERAL.—An individual may 

4 serve as an interim designated school offi5 cial during the period that the Secretary is 

6 conducting the background check required 

7 by subparagraph (A)(i)(I). 

8 ‘‘(ii) REVIEWS BY THE SECRETARY.— 

9 If an individual serving as an interim des10 ignated school official under clause (i) does 

11 not successfully complete the background 

12 check required by subparagraph (A)(i)(I), 

13 the Secretary shall review each Form I–20 

14 issued by such interim designated school of15 ficial. 

16 ‘‘(6) FEE.—The Secretary is authorized to collect 

17 a fee from an approved school for each background 

18 check conducted under paragraph (6)(A)(i). The 

19 amount of such fee shall be equal to the average 

20 amount expended by the Secretary to conduct such 

21 background checks.’’. 

22 (b) EFFECTIVE DATE.—The amendment made by sub23 section (a) shall take effect on the date that is 1 year after 

24 the date of the enactment of this Act. 

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1 SEC. 412. NUMBER OF DESIGNATED SCHOOL OFFICIALS. 

2 Section 641(d) of the Illegal Immigration Reform and 

3 Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), 

4 as amended by section 412(a) of this Act, is further amend5 ed by adding at the end the following: 

6 ‘‘(7) NUMBER OF DESIGNATED SCHOOL OFFI7 CIALS.—School officials may nominate as many Des8 ignated School Officials (DSOs) in addition to the 

9 school’s Principal Designated School Official (PDSO) 

10 as they determine necessary to adequately provide rec11 ommendations to students enrolled at the school re12 garding maintenance of nonimmigrant status under 

13 subparagraph (F) or (M) of section 101(a)(15) and to 

14 support timely and complete recordkeeping and re15 porting to the Secretary of Homeland Security, as re16 quired by this section, except that a school may not 

17 have less than one DSO per every 200 students who 

18 have nonimmigrant status pursuant to subparagraph 

19 (F), (J), or (M) of such section. School officials shall 

20 not permit a DSO or PDSO nominee access to 

21 SEVIS until the Secretary approves the nomina22 tion.’’. 

23 SEC. 413. REPORTING REQUIREMENT. 

24 Section 442(a) of the Homeland Security Act of 2002 

25 (6 U.S.C. 252(a)) is amended— 

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1 (1) by redesignating paragraph (5) as para2 graph (6); and 

3 (2) by inserting after paragraph (4) the fol4 lowing: 

5 ‘‘(5) STUDENT AND EXCHANGE VISITOR PRO6 GRAM.—In administering the program under para7 graph (4), the Secretary shall, not later than one year 

8 after the date of the enactment of this paragraph, pre9 scribe regulations to require an institution or ex10 change visitor program sponsor participating in the 

11 Student Exchange Visitor Program to ensure that 

12 each student or exchange visitor who has non13 immigrant status pursuant to subparagraph (F), (J), 

14 or (M) of section 101(a)(15) of the Immigration and 

15 Nationality Act (8 U.S.C. 1101(a)(15)) enrolled at 

16 the institution or attending the exchange visitor pro17 gram is reported to the Department within 10 days 

18 of— 

19 ‘‘(A) transferring to another institution or 

20 program; 

21 ‘‘(B) changing academic majors; or 

22 ‘‘(C) any other changes to information re23 quired to be maintained in the system described 

24 in paragraph (4).’’. 

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1 SEC. 414. FLIGHT SCHOOLS NOT CERTIFIED BY FAA. 

2 (a) IN GENERAL.—Except as provided in subsection 

3 (b), the Secretary of Homeland Security shall prohibit any 

4 flight school in the United States from accessing SEVIS or 

5 issuing a Form I–20 to an alien seeking a student visa pur6 suant to subparagraph (F)(i) or (M)(i) of section 

7 101(a)(15) of the Immigration and Nationality Act (8 

8 U.S.C. 1101(a)(15)) if the flight school has not been cer9 tified to the satisfaction of the Secretary and by the Federal 

10 Aviation Administration pursuant to part 141 or part 142 

11 of title 14, Code of Federal Regulations (or similar successor 

12 regulations). 

13 (b) TEMPORARY EXCEPTION.—During the 5-year pe14 riod beginning on the date of the enactment of this Act, 

15 the Secretary may waive the requirement under subsection 

16 (a) that a flight school be certified by the Federal Aviation 

17 Administration if such flight school— 

18 (1) was certified under the Student and Ex19 change Visitor Program on the date of the enactment 

20 of this Act; 

21 (2) submitted an application for certification 

22 with the Federal Aviation Administration during the 

23 1-year period beginning on such date; and 

24 (3) continues to progress toward certification by 

25 the Federal Aviation Administration. 

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1 SEC. 415. REVOCATION OF ACCREDITATION. 

2 At the time an accrediting agency or association is re3 quired to notify the Secretary of Education and the appro4 priate State licensing or authorizing agency of the final de5 nial, withdrawal, suspension, or termination of accredita6 tion of an institution pursuant to section 496 of the Higher 

7 Education Act of 1965 (20 U.S.C. 1099b), such accrediting 

8 agency or association shall notify the Secretary of Home9 land Security of such determination and the Secretary of 

10 Homeland Security shall immediately withdraw the school 

11 from the SEVP and prohibit the school from accessing 

12 SEVIS. 

13 SEC. 416. REPORT ON RISK ASSESSMENT. 

14 Not later than 180 days after the date of the enactment 

15 of this Act, the Secretary of Homeland Security shall sub16 mit to the Committee on the Judiciary of the Senate and 

17 the Committee on the Judiciary of the House of Representa18 tives a report that contains the risk assessment strategy that 

19 will be employed by the Secretary to identify, investigate, 

20 and take appropriate action against schools and school offi21 cials that are facilitating the issuance of Form I–20 and 

22 the maintenance of student visa status in violation of the 

23 immigration laws of the United States. 

24 SEC. 417. IMPLEMENTATION OF GAO RECOMMENDATIONS. 

25 Not later than 180 days after the date of the enactment 

26 of this act, the Secretary of Homeland Security shall submit 

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1 to the Committee on the Judiciary of the Senate and the 

2 Committee on the Judiciary of the House of Representatives 

3 a report that describes— 

4 (1) the process in place to identify and assess 

5 risks in the SEVP; 

6 (2) a risk assessment process to allocate SEVP’s 

7 resources based on risk; 

8 (3) the procedures in place for consistently en9 suring a school’s eligibility, including consistently 

10 verifying in lieu of letters; 

11 (4) how SEVP identified and addressed missing 

12 school case files; 

13 (5) a plan to develop and implement a process 

14 to monitor state licensing and accreditation status of 

15 all SEVP-certified schools; 

16 (6) whether all flight schools that have not been 

17 certified to the satisfaction of the Secretary and by 

18 the Federal Aviation Administration have been re19 moved from the program and have been restricted 

20 from accessing SEVIS; 

21 (7) the standard operating procedures that gov22 ern coordination among SEVP, Counterterrorism and 

23 Criminal Exploitation Unit, and U.S. Immigration 

24 and Customs Enforcement field offices; and 

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1 (8) the established criteria for referring cases of 

2 a potentially criminal nature from SEVP to the 

3 counterterrorism and intelligence community. 

4 SEC. 418. IMPLEMENTATION OF SEVIS II. 

5 Not later than 2 years after the date of the enactment 

6 of this Act, the Secretary of Homeland Security shall com7 plete the deployment of both phases of the 2nd generation 

8 Student and Exchange Visitor Information System (com9 monly known as ‘‘SEVIS II’’). 

10 SEC. 419. DEFINITIONS. 

11 (a) DEFINITIONS.—For purposes of this title: 

12 (1) SEVIS.—The term ‘‘SEVIS’’ means the Stu13 dent and Exchange Visitor Information System of the 

14 Department of Homeland Security. 

15 (2) SEVP.—The term ‘‘SEVP’’ means the Stu16 dent and Exchange Visitor Program of the Depart17 ment of Homeland Security. 

18 TITLE V—AID TO U.S. IMMIGRA19 TION AND CUSTOMS EN20 FORCEMENT OFFICERS 

21 SEC. 501. ICE IMMIGRATION ENFORCEMENT AGENTS. 

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity shall authorize all immigration enforcement agents and 

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1 rity who have successfully completed basic immigration law 

2 enforcement training to exercise the powers conferred by— 

3 (1) section 287(a)(5)(A) of the Immigration and 

4 Nationality Act to arrest for any offense against the 

5 United States; 

6 (2) section 287(a)(5)(B) of such Act to arrest for 

7 any felony; 

8 (3) section 274(a) of such Act to arrest for bring9 ing in, transporting, or harboring certain aliens, or 

10 inducing them to enter; 

11 (4) section 287(a) of such Act to execute war12 rants of arrest for administrative immigration viola13 tions issued under section 236 of the Act or to execute 

14 warrants of criminal arrest issued under the author15 ity of the United States; and 

16 (5) section 287(a) of such Act to carry firearms, 

17 provided that they are individually qualified by 

18 training and experience to handle and safely operate 

19 the firearms they are permitted to carry, maintain 

20 proficiency in the use of such firearms, and adhere to 

21 the provisions of the enforcement standard governing 

22 the use of force. 

23 (b) ARREST POWERS.—Section 287(a)(2) of the Immi24 gration and Nationality Act (8 U.S.C. 1357(a)(2)) is 

25 amended by striking ‘‘regulation and is likely to escape bemstockstill on DSK4VPTVN1PROD with BILLS

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1 fore a warrant can be obtained for his arrest,’’ and insert2 ing ‘‘regulation,’’. 

3 (c) PAY.—Immigration enforcement agents shall be 

4 paid on the same scale as Immigration and Customs En5 forcement deportation officers and shall receive the same 

6 benefits. 

7 SEC. 502. ICE DETENTION ENFORCEMENT OFFICERS. 

8 (a) AUTHORIZATION.—The Secretary of Homeland Se9 curity is authorized to hire 2,500 Immigration and Cus10 toms Enforcement detention enforcement officers. 

11 (b) DUTIES.—Immigration and Customs Enforcement 

12 detention enforcement officers who have successfully com13 pleted detention enforcement officers’ basic training shall 

14 be responsible for— 

15 (1) taking and maintaining custody of any per16 son who has been arrested by an immigration officer; 

17 (2) transporting and guarding immigration de18 tainees; 

19 (3) securing Department of Homeland Security 

20 detention facilities; and 

21 (4) assisting in the processing of detainees. 

22 SEC. 503. ENSURING THE SAFETY OF ICE OFFICERS AND 

23 AGENTS. 

24 (a) BODY ARMOR.—The Secretary of Homeland Secu25 rity shall ensure that every Immigration and Customs Enmstockstill on DSK4VPTVN1PROD with BILLS

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1 forcement deportation officer and immigration enforcement 

2 agent on duty is issued high-quality body armor that is 

3 appropriate for the climate and risks faced by the agent. 

4 Enough body armor must be purchased to cover every agent 

5 in the field. 

6 (b) WEAPONS.—Such Secretary shall ensure that Im7 migration and Customs Enforcement deportation officers 

8 and immigration enforcement agents are equipped with 

9 weapons that are reliable and effective to protect themselves, 

10 their fellow agents, and innocent third parties from the 

11 threats posed by armed criminals. Such weapons shall in12 clude, at a minimum, standard-issue handguns, M–4 (or 

13 equivalent) rifles, and Tasers. 

14 (c) EFFECTIVE DATE.—This section shall take effect 

15 90 days after the date of the enactment of this Act. 

16 SEC. 504. ICE ADVISORY COUNCIL. 

17 (a) ESTABLISHMENT.—An ICE Advisory Council shall 

18 be established not later than 3 months after the date of the 

19 enactment of this Act. 

20 (b) MEMBERSHIP.—The ICE Advisor Council shall be 

21 comprised of 7 members. 

22 (c) APPOINTMENT.—Members shall to be appointed in 

23 the following manner: 

24 (1) One member shall be appointed by the Presi25 dent; 

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1 (2) One member shall be appointed by the Chair2 man of the Judiciary Committee of the House of Rep3 resentatives; 

4 (3) One member shall be appointed by the Chair5 man of the Judiciary Committee of the Senate; 

6 (4) One member shall be appointed by the Local 

7 511, the ICE prosecutor’s union; and 

8 (5) Three members shall be appointed by the Na9 tional Immigration and Customs Enforcement Coun10 cil. 

11 (d) TERM.—Members shall serve renewable, 2-year 

12 terms. 

13 (e) VOLUNTARY.—Membership shall be voluntary and 

14 non-remunerated, except that members will receive reim15 bursement from the Secretary of Homeland Security for 

16 travel and other related expenses. 

17 (f) RETALIATION PROTECTION.—Members who are em18 ployed by the Secretary of Homeland Security shall be pro19 tected from retaliation by their supervisors, managers, and 

20 other Department of Homeland Security employees for their 

21 participation on the Council. 

22 (g) PURPOSE.—The purpose of the Council is to advise 

23 the Congress and the Secretary of Homeland Security on 

24 issues including the following: 

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1 (1) The current status of immigration enforce2 ment efforts, including prosecutions and removals, the 

3 effectiveness of such efforts, and how enforcement 

4 could be improved; 

5 (2) The effectiveness of cooperative efforts between 

6 the Secretary of Homeland Security and other law 

7 enforcement agencies, including additional types of 

8 enforcement activities that the Secretary should be en9 gaged in, such as State and local criminal task forces; 

10 (3) Personnel, equipment, and other resource 

11 needs of field personnel; 

12 (4) Improvements that should be made to the or13 ganizational structure of the Department of Home14 land Security, including whether the position of im15 migration enforcement agent should be merged into 

16 the deportation officer position; and 

17 (5) The effectiveness of specific enforcement poli18 cies and regulations promulgated by the Secretary of 

19 Homeland Security, and whether other enforcement 

20 priorities should be considered. 

21 (h) REPORTS.—The Council shall provide quarterly 

22 reports to the Chairmen and Ranking Members of the Judi23 ciary Committees of the Senate and the House of Represent24 atives and to the Secretary of Homeland Security. The 

25 Council members shall meet directly with the Chairmen and 

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1 Ranking Members (or their designated representatives) and 

2 with the Secretary to discuss their reports every 6 months. 

3 SEC. 505. PILOT PROGRAM FOR ELECTRONIC FIELD PROC4 ESSING. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity shall establish a pilot program in at least five of the 

7 10 Immigration and Customs Enforcement field offices with 

8 the largest removal caseloads to allow Immigration and 

9 Customs deportation officers and immigration enforcement 

10 agents to— 

11 (1) electronically process and serve charging doc12 uments, including Notices to Appear, while in the 

13 field; and 

14 (2) electronically process and place detainers 

15 while in the field. 

16 (b) DUTIES.—The pilot program described in sub17 section (a) shall be designed to allow deportation officers 

18 and immigration enforcement agents to use handheld or ve19 hicle-mounted computers to— 

20 (1) enter any required data, including personal 

21 information about the alien subject and the reason for 

22 issuing the document; 

23 (2) apply the electronic signature of the issuing 

24 officer or agent; 

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1 (3) set the date the alien is required to appear 

2 before an immigration judge, in the case of Notices to 

3 Appear; 

4 (4) print any documents the alien subject may 

5 be required to sign, along with additional copies of 

6 documents to be served on the alien; and 

7 (5) interface with the ENFORCE database so 

8 that all data is stored and retrievable. 

9 (c) CONSTRUCTION.—The pilot program described in 

10 subsection (a) shall be designed to replace, to the extent pos11 sible, the current paperwork and data-entry process used 

12 for issuing such charging documents and detainers. 

13 (d) DEADLINE.—The Secretary shall initiate the pilot 

14 program described in subsection (a) within 6 months of the 

15 date of enactment of this Act. 

16 (e) REPORT.—The Government Accountability Office 

17 shall report to the Judiciary Committee of the Senate and 

18 the House of Representatives no later than 18 months after 

19 the date of enactment of this Act on the effectiveness of the 

20 pilot program and provide recommendations for improving 

21 it. 

22 (f) ADVISORY COUNCIL.—The ICE Advisory Council 

23 established by section 504 shall include an recommenda24 tions on how the pilot program should work in the first 

25 quarterly report of the Council, and shall include assessmstockstill on DSK4VPTVN1PROD with BILLS

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1 ments of the program and recommendations for improve2 ment in each subsequent report. 

3 (g) EFFECTIVE DATE.—This section shall take effect 

4 180 days after the date of the enactment of this Act. 

5 SEC. 506. ADDITIONAL ICE DEPORTATION OFFICERS AND 

6 SUPPORT STAFF. 

7 (a) IN GENERAL.—The Secretary of Homeland Secu8 rity shall, subject to the availability of appropriations for 

9 such purpose, increase the number of positions for full-time 

10 active-duty Immigration and Customs Enforcement depor11 tation officers by 5,000 above the number of full-time posi12 tions for which funds were appropriated for fiscal year 

13 2013. The Secretary will determine the rate at which the 

14 additional officers will be added with due regard to filling 

15 the positions as expeditiously as possible without making 

16 any compromises in the selection or the training of the ad17 ditional officers. 

18 (b) SUPPORT STAFF.—The Secretary shall, subject to 

19 the availability of appropriations for such purpose, increase 

20 the number of positions for full-time support staff for Immi21 gration and Customs Enforcement deportation officers by 

22 700 above the number of full-time positions for which funds 

23 were appropriated for fiscal year 2013. 

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1 SEC. 507. ADDITIONAL ICE PROSECUTORS. 

2 The Secretary of Homeland Security shall increase by 

3 60 the number of full-time trial attorneys working for the 

4 Immigration and Customs Enforcement Office of the Prin5 cipal Legal Advisor. 

6 TITLE VI—MISCELLANEOUS 

7 ENFORCEMENT PROVISIONS 

8 SEC. 601. ENCOURAGING ALIENS TO DEPART VOLUNTARILY. 

9 (a) IN GENERAL.—Section 240B of the Immigration 

10 and Nationality Act (8 U.S.C. 1229c) is amended— 

11 (1) in subsection (a)— 

12 (A) by amending paragraph (1) to read as 

13 follows: 

14 ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If 

15 an alien is not described in paragraph (2)(A)(iii) or 

16 (4) of section 237(a), the Secretary of Homeland Se17 curity may permit the alien to voluntarily depart the 

18 United States at the alien’s own expense under this 

19 subsection instead of being subject to proceedings 

20 under section 240.’’; 

21 (B) by striking paragraph (3); 

22 (C) by redesignating paragraph (2) as 

23 paragraph (3); 

24 (D) by adding after paragraph (1) the fol25 lowing: 

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1 ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL

2 PROCEEDINGS.—If an alien is not described in para3 graph (2)(A)(iii) or (4) of section 237(a), the Attor4 ney General may permit the alien to voluntarily de5 part the United States at the alien’s own expense 

6 under this subsection after the initiation of removal 

7 proceedings under section 240 and before the conclu8 sion of such proceedings before an immigration 

9 judge.’’; 

10 (E) in paragraph (3), as redesignated— 

11 (i) by amending subparagraph (A) to 

12 read as follows: 

13 ‘‘(A) INSTEAD OF REMOVAL.—Subject to 

14 subparagraph (C), permission to voluntarily de15 part under paragraph (1) shall not be valid for 

16 any period in excess of 120 days. The Secretary 

17 may require an alien permitted to voluntarily 

18 depart under paragraph (1) to post a voluntary 

19 departure bond, to be surrendered upon proof 

20 that the alien has departed the United States 

21 within the time specified.’’; 

22 (ii) by redesignating subparagraphs 

23 (B), (C), and (D) as subparagraphs (C), 

24 (D), and (E), respectively; 

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1 (iii) by adding after subparagraph (A) 

2 the following: 

3 ‘‘(B) BEFORE THE CONCLUSION OF RE4 MOVAL PROCEEDINGS.—Permission to volun5 tarily depart under paragraph (2) shall not be 

6 valid for any period in excess of 60 days, and 

7 may be granted only after a finding that the 

8 alien has the means to depart the United States 

9 and intends to do so. An alien permitted to vol10 untarily depart under paragraph (2) shall post 

11 a voluntary departure bond, in an amount nec12 essary to ensure that the alien will depart, to be 

13 surrendered upon proof that the alien has de14 parted the United States within the time speci15 fied. An immigration judge may waive the re16 quirement to post a voluntary departure bond in 

17 individual cases upon a finding that the alien 

18 has presented compelling evidence that the post19 ing of a bond will pose a serious financial hard20 ship and the alien has presented credible evi21 dence that such a bond is unnecessary to guar22 antee timely departure.’’; 

23 (iv) in subparagraph (C), as redesig24 nated, by striking ‘‘subparagraphs (C) and 

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1 (D)(ii)’’ and inserting ‘‘subparagraphs (D) 

2 and (E)(ii)’’; 

3 (v) in subparagraph (D), as redesig4 nated, by striking ‘‘subparagraph (B)’’ each 

5 place that term appears and inserting ‘‘sub6 paragraph (C)’’; and 

7 (vi) in subparagraph (E), as redesig8 nated, by striking ‘‘subparagraph (B)’’ each 

9 place that term appears and inserting ‘‘sub10 paragraph (C)’’; and 

11 (F) in paragraph (4), by striking ‘‘para12 graph (1)’’ and inserting ‘‘paragraphs (1) and 

13 (2)’’; 

14 (2) in subsection (b)(2), by striking ‘‘a period ex15 ceeding 60 days’’ and inserting ‘‘any period in excess 

16 of 45 days’’; 

17 (3) by amending subsection (c) to read as fol18 lows: 

19 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

20 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.—Vol21 untary departure may only be granted as part of an 

22 affirmative agreement by the alien. A voluntary de23 parture agreement under subsection (b) shall include 

24 a waiver of the right to any further motion, appeal, 

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1 application, petition, or petition for review relating 

2 to removal or relief or protection from removal. 

3 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In con4 nection with the alien’s agreement to depart volun5 tarily under paragraph (1), the Secretary of Home6 land Security may agree to a reduction in the period 

7 of inadmissibility under subparagraph (A) or (B)(i) 

8 of section 212(a)(9). 

9 ‘‘(3) ADVISALS.—Agreements relating to vol10 untary departure granted during removal proceedings 

11 under section 240, or at the conclusion of such pro12 ceedings, shall be presented on the record before the 

13 immigration judge. The immigration judge shall ad14 vise the alien of the consequences of a voluntary de15 parture agreement before accepting such agreement. 

16 ‘‘(4) FAILURE TO COMPLY WITH AGREEMENT.— 

17 ‘‘(A) IN GENERAL.—If an alien agrees to 

18 voluntary departure under this section and fails 

19 to depart the United States within the time al20 lowed for voluntary departure or fails to comply 

21 with any other terms of the agreement (including 

22 failure to timely post any required bond), the 

23 alien is— 

24 ‘‘(i) ineligible for the benefits of the 

25 agreement; 

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1 ‘‘(ii) subject to the penalties described 

2 in subsection (d); and 

3 ‘‘(iii) subject to an alternate order of 

4 removal if voluntary departure was granted 

5 under subsection (a)(2) or (b). 

6 ‘‘(B) EFFECT OF FILING TIMELY APPEAL.— 

7 If, after agreeing to voluntary departure, the 

8 alien files a timely appeal of the immigration 

9 judge’s decision granting voluntary departure, 

10 the alien may pursue the appeal instead of the 

11 voluntary departure agreement. Such appeal op12 erates to void the alien’s voluntary departure 

13 agreement and the consequences of such agree14 ment, but precludes the alien from another grant 

15 of voluntary departure while the alien remains 

16 in the United States. 

17 ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF18 FECTED.—Except as expressly agreed to by the Sec19 retary in writing in the exercise of the Secretary’s 

20 discretion before the expiration of the period allowed 

21 for voluntary departure, no motion, appeal, applica22 tion, petition, or petition for review shall affect, rein23 state, enjoin, delay, stay, or toll the alien’s obligation 

24 to depart from the United States during the period 

25 agreed to by the alien and the Secretary.’’; 

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1 (4) by amending subsection (d) to read as fol2 lows: 

3 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

4 alien is permitted to voluntarily depart under this section 

5 and fails to voluntarily depart from the United States with6 in the time period specified or otherwise violates the terms 

7 of a voluntary departure agreement, the alien will be subject 

8 to the following penalties: 

9 ‘‘(1) CIVIL PENALTY.—The alien shall be liable 

10 for a civil penalty of $3,000. The order allowing vol11 untary departure shall specify this amount, which 

12 shall be acknowledged by the alien on the record. If 

13 the Secretary thereafter establishes that the alien 

14 failed to depart voluntarily within the time allowed, 

15 no further procedure will be necessary to establish the 

16 amount of the penalty, and the Secretary may collect 

17 the civil penalty at any time thereafter and by what18 ever means provided by law. An alien will be ineli19 gible for any benefits under this chapter until this 

20 civil penalty is paid. 

21 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

22 shall be ineligible during the time the alien remains 

23 in the United States and for a period of 10 years 

24 after the alien’s departure for any further relief under 

25 this section and sections 240A, 245, 248, and 249. 

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1 The order permitting the alien to depart voluntarily 

2 shall inform the alien of the penalties under this sub3 section. 

4 ‘‘(3) REOPENING.—The alien shall be ineligible 

5 to reopen the final order of removal that took effect 

6 upon the alien’s failure to depart, or upon the alien’s 

7 other violations of the conditions for voluntary depar8 ture, during the period described in paragraph (2). 

9 This paragraph does not preclude a motion to reopen 

10 to seek withholding of removal under section 241(b)(3) 

11 or protection against torture, if the motion— 

12 ‘‘(A) presents material evidence of changed 

13 country conditions arising after the date of the 

14 order granting voluntary departure in the coun15 try to which the alien would be removed; and 

16 ‘‘(B) makes a sufficient showing to the sat17 isfaction of the Attorney General that the alien 

18 is otherwise eligible for such protection.’’; 

19 (5) by amending subsection (e) to read as fol20 lows: 

21 ‘‘(e) ELIGIBILITY.— 

22 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR23 TURE.—An alien shall not be permitted to voluntarily 

24 depart under this section if the Secretary of Homemstockstill on DSK4VPTVN1PROD with BILLS

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1 land Security or the Attorney General previously per2 mitted the alien to depart voluntarily. 

3 ‘‘(2) RULEMAKING.—The Secretary may promul4 gate regulations to limit eligibility or impose addi5 tional conditions for voluntary departure under sub6 section (a)(1) for any class of aliens. The Secretary 

7 or Attorney General may by regulation limit eligi8 bility or impose additional conditions for voluntary 

9 departure under subsections (a)(2) or (b) of this sec10 tion for any class or classes of aliens.’’; and 

11 (6) in subsection (f), by adding at the end the 

12 following: ‘‘Notwithstanding section 242(a)(2)(D) of 

13 this Act, sections 1361, 1651, and 2241 of title 28, 

14 United States Code, any other habeas corpus provi15 sion, and any other provision of law (statutory or 

16 nonstatutory), no court shall have jurisdiction to af17 fect, reinstate, enjoin, delay, stay, or toll the period 

18 allowed for voluntary departure under this section.’’. 

19 (b) RULEMAKING.—The Secretary shall within one 

20 year of the date of enactment of this Act promulgate regula21 tions to provide for the imposition and collection of pen22 alties for failure to depart under section 240B(d) of the Im23 migration and Nationality Act (8 U.S.C. 1229c(d)). 

24 (c) EFFECTIVE DATES.— 

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1 (1) IN GENERAL.—Except as provided in para2 graph (2), the amendments made by this section shall 

3 apply with respect to all orders granting voluntary 

4 departure under section 240B of the Immigration and 

5 Nationality Act (8 U.S.C. 1229c) made on or after 

6 the date that is 180 days after the enactment of this 

7 Act. 

8 (2) EXCEPTION.—The amendment made by sub9 section (a)(6) shall take effect on the date of the enact10 ment of this Act and shall apply with respect to any 

11 petition for review which is filed on or after such 

12 date. 

13 SEC. 602. DETERRING ALIENS ORDERED REMOVED FROM 

14 REMAINING IN THE UNITED STATES UNLAW15 FULLY. 

16 (a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) of 

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

18 1182(a)(9)(A)) is amended— 

19 (1) in clause (i), by striking ‘‘seeks admission 

20 within 5 years of the date of such removal (or within 

21 20 years’’ and inserting ‘‘seeks admission not later 

22 than 5 years after the date of the alien’s removal (or 

23 not later than 20 years after the alien’s removal’’; 

24 and 

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1 (2) in clause (ii), by striking ‘‘seeks admission 

2 within 10 years of the date of such alien’s departure 

3 or removal (or within 20 years of’’ and inserting 

4 ‘‘seeks admission not later than 10 years after the 

5 date of the alien’s departure or removal (or not later 

6 than 20 years after’’. 

7 (b) BAR ON DISCRETIONARY RELIEF.—Section 274D 

8 of such Act (8 U.S.C. 324d) is amended— 

9 (1) in subsection (a), by striking ‘‘Commis10 sioner’’ and inserting ‘‘Secretary of Homeland Secu11 rity’’; and 

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

13 ‘‘(c) INELIGIBILITY FOR RELIEF.— 

14 ‘‘(1) IN GENERAL.—Unless a timely motion to 

15 reopen is granted under section 240(c)(6), an alien 

16 described in subsection (a) shall be ineligible for any 

17 discretionary relief from removal (including cancella18 tion of removal and adjustment of status) during the 

19 time the alien remains in the United States and for 

20 a period of 10 years after the alien’s departure from 

21 the United States. 

22 ‘‘(2) SAVINGS PROVISION.—Nothing in para23 graph (1) shall preclude a motion to reopen to seek 

24 withholding of removal under section 241(b)(3) or 

25 protection against torture, if the motion— 

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1 ‘‘(A) presents material evidence of changed 

2 country conditions arising after the date of the 

3 final order of removal in the country to which 

4 the alien would be removed; and 

5 ‘‘(B) makes a sufficient showing to the sat6 isfaction of the Attorney General that the alien 

7 is otherwise eligible for such protection.’’. 

8 (c) EFFECTIVE DATES.—The amendments made by 

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

10 of this Act with respect to aliens who are subject to a final 

11 order of removal entered before, on, or after such date. 

12 SEC. 603. REINSTATEMENT OF REMOVAL ORDERS. 

13 (a) IN GENERAL.—Section 241(a)(5) of the Immigra14 tion and Nationality Act (8 U.S.C. 1231(a)(5)) is amended 

15 to read as follows: 

16 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

17 AGAINST ALIENS ILLEGALLY REENTERING.—If the 

18 Secretary of Homeland Security finds that an alien 

19 has entered the United States illegally after having 

20 been removed, deported, or excluded or having de21 parted voluntarily, under an order of removal, depor22 tation, or exclusion, regardless of the date of the origi23 nal order or the date of the illegal entry— 

24 ‘‘(A) the order of removal, deportation, or 

25 exclusion is reinstated from its original date and 

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1 is not subject to being reopened or reviewed not2 withstanding section 242(a)(2)(D); 

3 ‘‘(B) the alien is not eligible and may not 

4 apply for any relief under this Act, regardless of 

5 the date that an application or request for such 

6 relief may have been filed or made; and 

7 ‘‘(C) the alien shall be removed under the 

8 order of removal, deportation, or exclusion at 

9 any time after the illegal entry. 

10 Reinstatement under this paragraph shall not require 

11 proceedings under section 240 or other proceedings be12 fore an immigration judge.’’. 

13 (b) JUDICIAL REVIEW.—Section 242 of the Immigra14 tion and Nationality Act (8 U.S.C. 1252) is amended by 

15 adding at the end the following: 

16 ‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER

17 SECTION 241(a)(5).— 

18 ‘‘(1) REVIEW OF REINSTATEMENT.—Judicial re19 view of determinations under section 241(a)(5) is 

20 available in an action under subsection (a). 

21 ‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Notwith22 standing any other provision of law (statutory or 

23 nonstatutory), including section 2241 of title 28, 

24 United States Code, any other habeas corpus provi25 sion, or sections 1361 and 1651 of such title, no court 

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1 shall have jurisdiction to review any cause or claim, 

2 arising from, or relating to, any challenge to the 

3 original order.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by sub5 sections (a) and (b) shall take effect as if enacted on April 

6 1, 1997, and shall apply to all orders reinstated or after 

7 that date by the Secretary of Homeland Security (or by 

8 the Attorney General prior to March 1, 2003), regardless 

9 of the date of the original order. 

10 SEC. 604. CLARIFICATION WITH RESPECT TO DEFINITION 

11 OF ADMISSION. 

12 Section 101(a)(13)(A) of the Immigration and Nation13 ality Act (8 U.S.C. 1101(a)(13)(A)) is amended by adding 

14 at the end the following: ‘‘An alien’s adjustment of status 

15 to that of lawful permanent resident status under any pro16 vision of this Act, or under any other provision of law, shall 

17 be considered an ‘admission’ for any purpose under this 

18 Act, even if the adjustment of status occurred while the alien 

19 was present in the United States.’’. 

20 SEC. 605. REPORTS TO CONGRESS ON THE EXERCISE AND 

21 ABUSE OF PROSECUTORIAL DISCRETION. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 end of each fiscal year, the Secretary of Homeland Security 

24 and the Attorney General shall each provide to the Commitmstockstill on DSK4VPTVN1PROD with BILLS

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1 tees on the Judiciary of the House of Representatives and 

2 of the Senate a report on the following: 

3 (1) Aliens apprehended or arrested by State or 

4 local law enforcement agencies who were identified by 

5 the Department of Homeland Security in the previous 

6 fiscal year and for whom the Department of Home7 land Security did not issue detainers and did not 

8 take into custody despite the Department of Home9 land Security’s findings that the aliens were inadmis10 sible or deportable. 

11 (2) Aliens who were applicants for admission in 

12 the previous fiscal year but not clearly and beyond a 

13 doubt entitled to be admitted by an immigration offi14 cer and who were not detained as required pursuant 

15 to section 235(b)(2)(A) of the Immigration and Na16 tionality Act (8 U.S.C. 1225(b)(2)(A)). 

17 (3) Aliens who in the previous fiscal year were 

18 found by Department of Homeland Security officials 

19 performing duties related to the adjudication of appli20 cations for immigration benefits or the enforcement of 

21 the immigration laws to be inadmissible or deportable 

22 who were not issued notices to appear pursuant to 

23 section 239 of such Act (8 U.S.C. 1229) or placed into 

24 removal proceedings pursuant to section 240 (8 

25 U.S.C. 1229a), unless the aliens were placed into exmstockstill on DSK4VPTVN1PROD with BILLS

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1 pedited removal proceedings pursuant to section 

2 235(b)(1)(A)(i) (8 U.S.C. 1225(b)(1)(A)(5)) or section 

3 238 (8 U.S.C. 1228), were granted voluntary depar4 ture pursuant to section 240B, were granted relief 

5 from removal pursuant to statute, were granted legal 

6 nonimmigrant or immigrant status pursuant to stat7 ute, or were determined not to be inadmissible or de8 portable. 

9 (4) Aliens issued notices to appear that were 

10 cancelled in the previous fiscal year despite the De11 partment of Homeland Security’s findings that the 

12 aliens were inadmissible or deportable, unless the 

13 aliens were granted relief from removal pursuant to 

14 statute, were granted voluntary departure pursuant to 

15 section 240B of such Act (8 U.S.C. 1229c), or were 

16 granted legal nonimmigrant or immigrant status 

17 pursuant to statute. 

18 (5) Aliens who were placed into removal pro19 ceedings, whose removal proceedings were terminated 

20 in the previous fiscal year prior to their conclusion, 

21 unless the aliens were granted relief from removal 

22 pursuant to statute, were granted voluntary departure 

23 pursuant to section 240B, were granted legal non24 immigrant or immigrant status pursuant to statute, 

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1 or were determined not to be inadmissible or deport2 able. 

3 (6) Aliens granted parole pursuant to section 

4 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 

5 (7) Aliens granted deferred action, extended vol6 untary departure or any other type of relief from re7 moval not specified in the Immigration and Nation8 ality Act or where determined not to be inadmissible 

9 or deportable. 

10 (b) CONTENTS OF REPORT.—The report shall include 

11 a listing of each alien described in each paragraph of sub12 section (a), including when in the possession of the Depart13 ment of Homeland Security their names, fingerprint identi14 fication numbers, alien registration numbers, and reason 

15 why each was granted the type of prosecutorial discretion 

16 received. The report shall also include current criminal his17 tories on each alien from the Federal Bureau of Investiga18 tion. 

19 SEC. 606. WAIVER OF FEDERAL LAWS WITH RESPECT TO 

20 BORDER SECURITY ACTIONS ON DEPART21 MENT OF THE INTERIOR AND DEPARTMENT 

22 OF AGRICULTURE LANDS. 

23 (a) PROHIBITION ON SECRETARIES OF THE INTERIOR

24 AND AGRICULTURE.—The Secretary of the Interior or the 

25 Secretary of Agriculture shall not impede, prohibit, or remstockstill on DSK4VPTVN1PROD with BILLS

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1 strict activities of U.S. Customs and Border Protection on 

2 Federal land located within 100 miles of an international 

3 land border that is under the jurisdiction of the Secretary 

4 of the Interior or the Secretary of Agriculture, to execute 

5 search and rescue operations and to prevent all unlawful 

6 entries into the United States, including entries by terror7 ists, other unlawful aliens, instruments of terrorism, nar8 cotics, and other contraband through the international land 

9 borders of the United States. 

10 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

11 BORDER PROTECTION.—U.S. Customs and Border Protec12 tion shall have immediate access to Federal land within 100 

13 miles of the international land border under the jurisdiction 

14 of the Secretary of the Interior or the Secretary of Agri15 culture for purposes of conducting the following activities 

16 on such land that prevent all unlawful entries into the 

17 United States, including entries by terrorists, other unlaw18 ful aliens, instruments of terrorism, narcotics, and other 

19 contraband through the international land borders of the 

20 United States: 

21 (1) Construction and maintenance of roads. 

22 (2) Construction and maintenance of barriers. 

23 (3) Use of vehicles to patrol, apprehend, or res24 cue. 

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1 (4) Installation, maintenance, and operation of 

2 communications and surveillance equipment and sen3 sors. 

4 (5) Deployment of temporary tactical infrastruc5 ture. 

6 (c) CLARIFICATION RELATING TO WAIVER AUTHOR7 ITY.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law (including any termination date re10 lating to the waiver referred to in this subsection), the 

11 waiver by the Secretary of Homeland Security on 

12 April 1, 2008, under section 102(c)(1) of the Illegal 

13 Immigration Reform and Immigrant Responsibility 

14 Act of 1996 (8 U.S.C. 1103 note; Public Law 104– 

15 208) of the laws described in paragraph (2) with re16 spect to certain sections of the international border 

17 between the United States and Mexico and between 

18 the United States and Canada shall be considered to 

19 apply to all Federal land under the jurisdiction of the 

20 Secretary of the Interior or the Secretary of Agri21 culture within 100 miles of the international land 

22 borders of the United States for the activities of U.S. 

23 Customs and Border Protection described in sub24 section (c). 

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1 (2) DESCRIPTION OF LAWS WAIVED.—The laws 

2 referred to in paragraph (1) are limited to the Wil3 derness Act (16 U.S.C. 1131 et seq.), the National En4 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

5 seq.), the Endangered Species Act of 1973 (16 U.S.C. 

6 1531 et seq.), the National Historic Preservation Act 

7 (16 U.S.C. 470 et seq.), Public Law 86–523 (16 

8 U.S.C. 469 et seq.), the Act of June 8, 1906 (com9 monly known as the ‘‘Antiquities Act of 1906’’; 16 

10 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act 

11 (16 U.S.C. 1271 et seq.), the Federal Land Policy and 

12 Management Act of 1976 (43 U.S.C. 1701 et seq.), the 

13 National Wildlife Refuge System Administration Act 

14 of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wild15 life Act of 1956 (16 U.S.C. 742a et seq.), the Fish and 

16 Wildlife Coordination Act (16 U.S.C. 661 et seq.), 

17 subchapter II of chapter 5, and chapter 7, of title 5, 

18 United States Code (commonly known as the ‘‘Admin19 istrative Procedure Act’’), the National Park Service 

20 Organic Act (16 U.S.C. 1 et seq.), the General Au21 thorities Act of 1970 (Public Law 91–383) (16 U.S.C. 

22 1a–1 et seq.), sections 401(7), 403, and 404 of the Na23 tional Parks and Recreation Act of 1978 (Public Law 

24 95–625, 92 Stat. 3467), and the Arizona Desert Wilmstockstill on DSK4VPTVN1PROD with BILLS

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1 derness Act of 1990 (16 U.S.C. 1132 note; Public Law 

2 101–628). 

3 (d) PROTECTION OF LEGAL USES.—This section shall 

4 not be construed to provide— 

5 (1) authority to restrict legal uses, such as graz6 ing, hunting, mining, or public-use recreational and 

7 backcountry airstrips on land under the jurisdiction 

8 of the Secretary of the Interior or the Secretary of Ag9 riculture; or 

10 (2) any additional authority to restrict legal ac11 cess to such land. 

12 (e) EFFECT ON STATE AND PRIVATE LAND.—This Act 

13 shall— 

14 (1) have no force or effect on State or private 

15 lands; and 

16 (2) not provide authority on or access to State 

17 or private lands. 

18 (f) TRIBAL SOVEREIGNTY.—Nothing in this section su19 persedes, replaces, negates, or diminishes treaties or other 

20 agreements between the United States and Indian tribes. 

21 (g) REPORT.—Not later than 1 year after the date of 

22 the enactment of this Act, and annually thereafter, the Sec23 retary of Homeland Security shall submit to the appro24 priate committees of Congress a report describing the extent 

25 to which implementation of this section has affected the opmstockstill on DSK4VPTVN1PROD with BILLS

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1 erations of U.S. Customs and Border Protection in the year 

2 preceding the report. 

3 SEC. 607. BIOMETRIC ENTRY AND EXIT DATA SYSTEM. 

4 (a) IN GENERAL.—Not later than two years after the 

5 date of the enactment of this Act, the Secretary of Homeland 

6 Security shall establish the biometric entry and exit data 

7 system required by section 7208 of the Intelligence Reform 

8 and Terrorism Prevention Act of 2004 (8 U.S.C. 1365b). 

9 (b) REQUIREMENTS.—In addition to the features re10 quired by such section 7208, the Secretary shall ensure that 

11 the biometric entry and exit data system is established and 

12 in operation at each port of entry to the United States. 

13 SEC. 608. CERTAIN ACTIVITIES RESTRICTED. 

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity may not finalize, implement, administer, or enforce the 

16 documents described in subsection (b). 

17 (b) DOCUMENTS DESCRIBED.—For purposes of this 

18 section, the documents described in this subsection are the 

19 following: 

20 (1) Policy Number 10072.1, published on March 

21 2, 2011. 

22 (2) Policy Number 10075.1, published on June 

23 17, 2011. 

24 (3) Policy Number 10076,1, published on June 

25 17, 2011. 

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1 (4) The Memorandum of November 17, 2011, 

2 from the Principal Legal Advisor of United States 

3 Immigration and Customs Enforcement pertaining to 

4 ‘‘Case-by-Case Review of Incoming and Certain Pend5 ing Cases’’. 

6 (5) The Memorandum of June 15, 2012, from the 

7 Secretary of Homeland Security pertaining to ‘‘Exer8 cising Prosecutorial Discretion with Respect to Indi9 viduals Who Came to the United States as Children’’. 

10 (6) The Memorandum of December 21, 2012, 

11 from the Director of United States Immigration and 

12 Customs Enforcement pertaining to ‘‘Civil Immigra13 tion Enforcement: Guidance on the Use of Detainers 

14 in the Federal, State, Local, and Tribal Criminal 

15 Justice Systems’’. 

16 (7) The Memorandum of June 15, 2012, from the 

17 Director of United States Immigration and Customs 

18 Enforcement pertaining to ‘‘Secretary Napolitano’s 

19 Memorandum Concerning the Exercise of Prosecu20 torial Discretion for Certain Removable Individuals 

21 Who Entered the United States as a Child’’. 

22 SEC. 609. BORDER PATROL MOBILE AND RAPID RESPONSE 

23 TEAMS. 

24 (a) FINDINGS.—The Congress finds as follows: 

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1 (1) It is possible for agents of U.S. Immigration 

2 and Customs Enforcement to use mobile rapid re3 sponse teams. 

4 (2) If such agents are in the field near the border 

5 and encounter trouble, they should be able to call a 

6 mobile response team if they cannot get help quickly 

7 enough by other means. 

8 (b) PLAN.—Not later than 90 days after the date of 

9 the enactment of this Act, the Secretary of Homeland Secu10 rity shall submit to the appropriate congressional commit11 tees a plan for developing and deploying mobile rapid re12 sponse teams to achieve the following objectives, and submit 

13 progress reports on the program every 90 days after it has 

14 been implemented: 

15 (1) Expand the Border Control Tactical Team 

16 program to make emergency assistance available to 

17 law enforcement officers in border areas along the 

18 Mexican border that are not designated as high traffic 

19 locations, including officers who operate on Tribal 

20 land. 

21 (2) Provide helicopters and other military trans22 ports to ensure that the teams can deploy quickly to 

23 where they are needed. 

24 (3) Maintain airborne patrols of these units to 

25 facilitate quick deployment when they are called. 

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1 (4) Provide a similar airborne force of regular 

2 border patrol officers who will provide the same emer3 gency response service for ranchers, farmers, and 

4 other people who live or work in these border areas. 

5 (c) IMPLEMENTATION.—The Secretary of Homeland 

6 Security shall implement the plan described in subsection 

7 (a) not later than 120 days after the date on which the 

8 plan is submitted. 

9 SEC. 610. GAO STUDY ON DEATHS IN CUSTODY. 

10 The Comptroller General of the United States shall 

11 submit to Congress within 6 months after the date of the 

12 enactment of this Act, a report on the deaths in custody 

13 of detainees held by the Department of Homeland Security. 

14 The report shall include the following information with re15 spect to any such deaths and in connection therewith: 

16 (1) Whether any such deaths could have been 

17 prevented by the delivery of medical treatment ad18 ministered while the detainee is in the custody of the 

19 Department of Homeland Security. 

20 (2) Whether Department practice and procedures 

21 were properly followed and obeyed. 

22 (3) Whether such practice and procedures are 

23 sufficient to protect the health and safety of such de24 tainees. 

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1 (4) Whether reports of such deaths were made to 

2 the Deaths in Custody Reporting Program. 

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mstockstill on DSK4VPTVN1PROD with BILLS

Union Calendar No. 509 

113TH CONGRESS 

2D SESSION H. R. 2278 

[Report No. 113–678, Part I] 

A BILL 

To amend the Immigration and Nationality Act to 

poses. interior of the United States, and for other purimprove immigration law enforcement within the 

DECEMBER 16, 2014 

Reported from the Committee on the Judiciary with an 

amendment 

DECEMBER 16, 2014 

The Committees on Homeland Security, Agriculture, and 

and ordered to be printed mittee of the Whole House on the State of the Union Natural Resources discharged; committed to the Commstockstill on DSK4VPTVN1PROD with BILLS