I 

113TH CONGRESS 

1ST SESSION H. R. 2278 

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 

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. 

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’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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. 

TITLE III—REMOVAL OF CRIMINAL ALIENS 

Sec. 301. Definition of aggravated felony and conviction. 

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. 


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

Sec. 309. Inadmissibility and deportability 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. 

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. Increased criminal penalties for student visa integrity. 

Sec. 410. Accreditation requirements. 

Sec. 411. Visa fraud. 

Sec. 412. Background checks. 

Sec. 413. Flight schools not certified by FAA. 

Sec. 414. Revocation of accreditation. 

Sec. 415. Report on risk assessment. 

Sec. 416. Implementation of GAO recommendations. 

Sec. 417. Implementation of SEVIS II. 

Sec. 418. 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. 


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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. 

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. 

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

13 the application of such provision to any person or cir14 cumstance, is held invalid, the remainder of this title, and 

15 the application of such provision to other persons not simi16 larly situated or to other circumstances, shall not be af17 fected by such invalidation. 


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1 SEC. 102. IMMIGRATION LAW ENFORCEMENT BY STATES 

2 AND LOCALITIES. 

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

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

5 1324a(h)(2)), States, or political subdivisions of States, 

6 may enact, implement and enforce criminal penalties that 

7 penalize the same conduct that is prohibited in the crimi8 nal provisions of immigration laws (as defined in section 

9 101(a)(17) of the Immigration and Nationality Act (8 

10 U.S.C. 1101(a)(17))), as long as the criminal penalties do 

11 not exceed the relevant Federal criminal penalties. States, 

12 or political subdivisions of States, may enact, implement 

13 and enforce civil penalties that penalize the same conduct 

14 that is prohibited in the civil violations of immigration 

15 laws (as defined in such section 101(a)(17)), as long as 

16 the civil penalties do not exceed the relevant Federal civil 

17 penalties. 

18 (b) LAW ENFORCEMENT PERSONNEL.—Law enforce19 ment personnel of a State, or of a political subdivision of 

20 a State, may investigate, identify, apprehend, arrest, de21 tain, or transfer to Federal custody aliens for the purposes 

22 of enforcing the immigration laws of the United States 

23 to the same extent as Federal law enforcement personnel. 

24 Law enforcement personnel of a State, or of a political 

25 subdivision of a State, may also investigate, identify, ap26 prehend, arrest, or detain aliens for the purposes of enVerDate Mar 15 2010 23:35 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2278.IH H2278

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1 forcing the immigration laws of a State or of a political 

2 subdivision of State, as long as those immigration laws 

3 are permissible under this section. Law enforcement per4 sonnel of a State, or of a political subdivision of a State, 

5 may not remove aliens from the United States. 

6 SEC. 103. LISTING OF IMMIGRATION VIOLATORS IN THE NA7 TIONAL CRIME INFORMATION CENTER DATA8 BASE. 

9 (a) PROVISION OF INFORMATION TO THE NCIC.— 

10 Not later than 180 days after the date of the enactment 

11 of this Act and periodically thereafter as updates may re12 quire, the Secretary shall provide the National Crime In13 formation Center of the Department of Justice with all 

14 information that the Secretary may possess regarding any 

15 alien against whom a final order of removal has been 

16 issued, any alien who has entered into a voluntary depar17 ture agreement, any alien who has overstayed their au18 thorized period of stay, and any alien whose visas has been 

19 revoked. The National Crime Information Center shall 

20 enter such information into the Immigration Violators File 

21 of the National Crime Information Center database, re22 gardless of whether— 

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

24 removal; 

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


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1 (3) sufficient identifying information is avail2 able with respect to the alien. 

3 (b) INCLUSION OF INFORMATION IN THE NCIC 

4 DATABASE.— 

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

6 United States Code, is amended— 

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

8 the end; 

9 (B) by redesignating paragraph (4) as 

10 paragraph (5); and 

11 (C) by inserting after paragraph (3) the 

12 following: 

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

14 records of violations by aliens of the immigration 

15 laws of the United States, regardless of whether any 

16 such alien has received notice of the violation or 

17 whether sufficient identifying information is avail18 able with respect to any such alien or whether any 

19 such alien has already been removed from the 

20 United States; and’’. 

21 (2) EFFECTIVE DATE.—The Attorney General 

22 and the Secretary shall ensure that the amendment 

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

24 than 6 months after the date of the enactment of 

25 this Act. 


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1 SEC. 104. TECHNOLOGY ACCESS. 

2 States shall have access to Federal programs or tech3 nology directed broadly at identifying inadmissible or de4 portable aliens. 

5 SEC. 105. STATE AND LOCAL LAW ENFORCEMENT PROVI6 SION OF INFORMATION ABOUT APPRE7 HENDED ALIENS. 

8 (a) PROVISION OF INFORMATION.—In compliance 

9 with section 642(a) of the Illegal Immigration Reform and 

10 Immigrant Responsibility Act of 1996 (8 U.S.C. 1373) 

11 and section 434 of the Personal Responsibility and Work 

12 Opportunity Reconciliation Act of 1996 (8 U.S.C. 1644), 

13 each State, and each political subdivision of a State, shall 

14 provide the Secretary of Homeland Security in a timely 

15 manner with the information specified in subsection (b) 

16 with respect to each alien apprehended in the jurisdiction 

17 of the State, or in the political subdivision of the State, 

18 who is believed to be inadmissible or deportable. 

19 (b) INFORMATION REQUIRED.—The information re20 ferred to in subsection (a) is as follows: 

21 (1) The alien’s name. 

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

23 (3) A physical description of the alien. 

24 (4) The date, time, and location of the encoun25 ter with the alien and reason for stopping, detaining, 

26 apprehending, or arresting the alien. 


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1 (5) If applicable, the alien’s driver’s license 

2 number and the State of issuance of such license. 

3 (6) If applicable, the type of any other identi4 fication document issued to the alien, any designa5 tion number contained on the identification docu6 ment, and the issuing entity for the identification 

7 document. 

8 (7) If applicable, the license plate number, 

9 make, and model of any automobile registered to, or 

10 driven by, the alien. 

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

12 obtainable. 

13 (9) The alien’s fingerprints, if available or read14 ily obtainable. 

15 (c) ANNUAL REPORT ON REPORTING.—The Sec16 retary shall maintain and annually submit to the Congress 

17 a detailed report listing the States, or the political subdivi18 sions of States, that have provided information under sub19 section (a) in the preceding year. 

20 (d) REIMBURSEMENT.—The Secretary shall reim21 burse States, and political subdivisions of a State, for all 

22 reasonable costs, as determined by the Secretary, incurred 

23 by the State, or the political subdivision of a State, as 

24 a result of providing information under subsection (a). 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary to carry out this section. 

4 (f) CONSTRUCTION.—Nothing in this section shall re5 quire law enforcement officials of a State, or of a political 

6 subdivision of a State, to provide the Secretary with infor7 mation related to a victim of a crime or witness to a crimi8 nal offense. 

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

10 on the date that is 120 days after the date of the enact11 ment of this Act and shall apply with respect to aliens 

12 apprehended on or after such date. 

13 SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL 

14 POLICE AGENCIES THAT ASSIST IN THE EN15 FORCEMENT OF IMMIGRATION LAWS. 

16 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

17 AND PROCESSING CERTAIN ALIENS.—From amounts 

18 made available to make grants under this section, the Sec19 retary shall make grants to States, and to political subdivi20 sions of States, for procurement of equipment, technology, 

21 facilities, and other products that facilitate and are di22 rectly related to investigating, apprehending, arresting, 

23 detaining, or transporting aliens who are inadmissible or 

24 deportable, including additional administrative costs in25 curred under this title. 


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

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

3 a State, must have the authority to, and shall have a writ4 ten policy and a practice to, assist in the enforcement of 

5 the immigration laws of the United States in the course 

6 of carrying out the routine law enforcement duties of such 

7 State or political subdivision of a State. Entities covered 

8 under this section may not have any policy or practice that 

9 prevents local law enforcement from inquiring about a sus10 pect’s immigration status. 

11 (c) FUNDING.—There is authorized to be appro12 priated for grants under this section such sums as may 

13 be necessary for fiscal year 2014 and each subsequent fis14 cal year. 

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

16 date of the enactment of this Act, the Comptroller General 

17 of the United States shall conduct an audit of funds dis18 tributed to States, and to political subdivisions of a State, 

19 under subsection (a). 

20 SEC. 107. INCREASED FEDERAL DETENTION SPACE. 

21 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

22 FACILITIES.— 

23 (1) IN GENERAL.—The Secretary shall con24 struct or acquire, in addition to existing facilities for 

25 the detention of aliens, detention facilities in the 


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1 United States, for aliens detained pending removal 

2 from the United States or a decision regarding such 

3 removal. Each facility shall have a number of beds 

4 necessary to effectuate this purposes of this title. 

5 (2) DETERMINATIONS.—The location of any de6 tention facility built or acquired in accordance with 

7 this subsection shall be determined by the Secretary. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated such sums as may be 

10 necessary to carry out this section. 

11 (c) TECHNICAL AND CONFORMING AMENDMENT.— 

12 Section 241(g)(1) of the Immigration and Nationality Act 

13 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex14 pend’’ and inserting ‘‘shall expend’’. 

15 SEC. 108. FEDERAL CUSTODY OF INADMISSIBLE AND DE16 PORTABLE ALIENS IN THE UNITED STATES 

17 APPREHENDED BY STATE OR LOCAL LAW EN18 FORCEMENT. 

19 (a) STATE APPREHENSION.— 

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

21 and Nationality Act (8 U.S.C. 1151 et seq.) is 

22 amended by inserting after section 240C the fol23 lowing: 


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1 ‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS

2 PRESENT IN THE UNITED STATES

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

4 AND LOCAL OFFICIALS.—If a State, or a political subdivi5 sion of the State, exercising authority with respect with 

6 respect to the apprehension or arrest of an inadmissible 

7 or deportable alien submits to the Secretary of Homeland 

8 Security a request that the alien be taken into Federal 

9 custody, notwithstanding any other provision of law, regu10 lation, or policy the Secretary— 

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

12 48 hours after the detainer has been issued following the 

13 conclusion of the State or local charging process or dis14 missal process, or if no State or local charging or dismissal 

15 process is required, the Secretary should issue a detainer 

16 and take the alien into custody not later than 48 hours 

17 after the alien is apprehended; and 

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

19 enforcement agency temporarily hold the alien in their 

20 custody or transport the alien for transfer to Federal cus21 tody. 

22 ‘‘(b) POLICY ON DETENTION IN FEDERAL, CON23 TRACT, STATE, OR LOCAL DETENTION FACILITIES.—In 

24 carrying out section 241(g)(1), the Attorney General or 

25 Secretary of Homeland Security shall ensure that an alien 


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1 arrested under this title shall be held in custody, pending 

2 the alien’s examination under this section, in a Federal, 

3 contract, State, or local prison, jail, detention center, or 

4 other comparable facility. Notwithstanding any other pro5 vision of law, regulation or policy, such facility is adequate 

6 for detention, if— 

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

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

9 such purpose under the circumstances; 

10 ‘‘(2) an appropriate arrangement for such use 

11 of the facility can be made; and 

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

13 housing, care, and security of persons held in cus14 tody by a United States Marshal. 

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

16 Security shall reimburse a State, and a political subdivi17 sion of a State, for all reasonable expenses, as determined 

18 by the Secretary, incurred by the State, or political sub19 division, as a result of the incarceration and transpor20 tation of an alien who is inadmissible or deportable as de21 scribed in subsections (a) and (b). Compensation provided 

22 for costs incurred under such subsections shall be the av23 erage cost of incarceration of a prisoner in the relevant 

24 State, as determined by the chief executive officer of a 

25 State, or of a political subdivision of a State, plus the cost 


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1 of transporting the alien from the point of apprehension 

2 to the place of detention, and to the custody transfer point 

3 if the place of detention and place of custody are different. 

4 ‘‘(d) SECURE FACILITIES.—The Secretary of Home5 land Security shall ensure that aliens incarcerated pursu6 ant to this title are held in facilities that provide an appro7 priate level of security. 

8 ‘‘(e) TRANSFER.— 

9 ‘‘(1) IN GENERAL.—In carrying out this sec10 tion, the Secretary of Homeland Security shall es11 tablish a regular circuit and schedule for the prompt 

12 transfer of apprehended aliens from the custody of 

13 States, and political subdivisions of a State, to Fed14 eral custody. 

15 ‘‘(2) CONTRACTS.—The Secretary may enter 

16 into contracts, including appropriate private con17 tracts, to implement this subsection.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents of such Act is amended by inserting after the 

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

‘‘Sec. 240D. Custody of aliens unlawfully present in the United States.’’. 

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

22 date of the enactment of this Act, the Comptroller General 

23 of the United States shall conduct an audit of compensa24 tion to States, and to political subdivisions of a State, for 

25 the incarceration of inadmissible or deportable aliens 


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1 under section 240D(a) of the Immigration and Nationality 

2 Act (as added by subsection (a)(1)). 

3 (c) EFFECTIVE DATE.—Section 240D of the Immi4 gration and Nationality Act, as added by subsection (a), 

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

6 except that subsection (e) of such section shall take effect 

7 on the date that is 120 day after the date of the enactment 

8 of this Act. 

9 SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCE10 MENT PERSONNEL RELATING TO THE EN11 FORCEMENT OF IMMIGRATION LAWS. 

12 (a) ESTABLISHMENT OF TRAINING MANUAL AND

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

14 of the enactment of this Act, the Secretary shall estab15 lish— 

16 (1) a training manual for law enforcement per17 sonnel of a State, or of a political subdivision of a 

18 State, to train such personnel in the investigation, 

19 identification, apprehension, arrest, detention, and 

20 transfer to Federal custody of inadmissible and de21 portable aliens in the United States (including the 

22 transportation of such aliens across State lines to 

23 detention centers and the identification of fraudulent 

24 documents); and 


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1 (2) an immigration enforcement pocket guide 

2 for law enforcement personnel of a State, or of a po3 litical subdivision of a State, to provide a quick ref4 erence for such personnel in the course of duty. 

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

6 guide established in accordance with subsection (a) shall 

7 be made available to all State and local law enforcement 

8 personnel. 

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

10 construed to require State or local law enforcement per11 sonnel to carry the training manual or pocket guide with 

12 them while on duty. 

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

14 any costs incurred in establishing the training manual and 

15 pocket guide. 

16 (e) TRAINING FLEXIBILITY.— 

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

18 training of State and local law enforcement officers 

19 available through as many means as possible, includ20 ing through residential training at the Center for 

21 Domestic Preparedness, onsite training held at State 

22 or local police agencies or facilities, online training 

23 courses by computer, teleconferencing, and video24 tape, or the digital video display (DVD) of a train25 ing course or courses. E-learning through a secure, 


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1 encrypted distributed learning system that has all its 

2 servers based in the United States, is scalable, sur3 vivable, and can have a portal in place not later than 

4 30 days after the date of the enactment of this Act, 

5 shall be made available by the Federal Law Enforce6 ment Training Center Distributed Learning Pro7 gram for State and local law enforcement personnel. 

8 (2) FEDERAL PERSONNEL TRAINING.—The 

9 training of State and local law enforcement per10 sonnel under this section shall not displace the train11 ing of Federal personnel. 

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

13 any other provision of law shall be construed as 

14 making any immigration-related training a require15 ment for, or prerequisite to, any State or local law 

16 enforcement officer to assist in the enforcement of 

17 Federal immigration laws. 

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

19 priority funding shall be given for existing web-based 

20 immigration enforcement training systems. 

21 SEC. 110. IMMUNITY. 

22 Notwithstanding any other provision of law, a law en23 forcement officer of a State or local law enforcement agen24 cy who is acting within the scope of the officer’s official 

25 duties shall be immune, to the same extent as a Federal 


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1 law enforcement officer, from personal liability arising out 

2 of the performance of any duty described in this title, in3 cluding the authorities to investigate, identify, apprehend, 

4 arrest, detain, or transfer to Federal custody, an alien for 

5 the purposes of enforcing the immigration laws of the 

6 United States (as defined in section 101(a)(17) of the Im7 migration and Nationality Act (8 U.S.C. 1101(a)(17)) or 

8 the immigration laws of a State or a political subdivision 

9 of a State. 

10 SEC. 111. CRIMINAL ALIEN IDENTIFICATION PROGRAM. 

11 (a) CONTINUATION AND EXPANSION.— 

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

13 to operate and implement a program that— 

14 (A) identifies removable criminal aliens in 

15 Federal and State correctional facilities; 

16 (B) ensures such aliens are not released 

17 into the community; and 

18 (C) removes such aliens from the United 

19 States after the completion of their sentences. 

20 (2) EXPANSION.—The program shall be ex21 tended to all States. Any State that receives Federal 

22 funds for the incarceration of criminal aliens (pursu23 ant to the State Criminal Alien Assistance Program 

24 authorized under section 241(i) of the Immigration 


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1 and Nationality Act (8 U.S.C. 1231(i)) or other 

2 similar program) shall— 

3 (A) cooperate with officials of the program; 

4 (B) expeditiously and systematically iden5 tify criminal aliens in its prison and jail popu6 lations; and 

7 (C) promptly convey such information to 

8 officials of such program as a condition of re9 ceiving such funds. 

10 (b) AUTHORIZATION FOR DETENTION AFTER COM11 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

12 enforcement officers of a State, or of a political subdivision 

13 of a State, are authorized to— 

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

15 14 days after the alien has completed the alien’s 

16 sentence under State or local law in order to effec17 tuate the transfer of the alien to Federal custody 

18 when the alien is inadmissible or deportable; or 

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

20 have served a prison sentence under State or local 

21 law to be detained by the State or local prison or jail 

22 until the Secretary can take the alien into custody. 

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

24 conferencing, shall be used to the maximum extent prac25 ticable in order to make the program available in remote 


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1 locations. Mobile access to Federal databases of aliens and 

2 live scan technology shall be used to the maximum extent 

3 practicable in order to make these resources available to 

4 State and local law enforcement agencies in remote loca5 tions. 

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

7 of the date of the enactment of this Act, except that sub8 section (a)(2) shall take effect on the date that is 180 days 

9 after such date. 

10 SEC. 112. CLARIFICATION OF CONGRESSIONAL INTENT. 

11 Section 287(g) of the Immigration and Nationality 

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

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

14 and all that follows through the period at the end 

15 and inserting the following: ‘‘shall enter into a writ16 ten agreement with a State, or any political subdivi17 sion of a State, upon request of the State or political 

18 subdivision, pursuant to which an officer or em19 ployee of the State or subdivision, who is determined 

20 by the Secretary to be qualified to perform a func21 tion of an immigration officer in relation to the in22 vestigation, apprehension, or detention of aliens in 

23 the United States (including the transportation of 

24 such aliens across State lines to detention centers), 

25 may carry out such function at the expense of the 


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1 State or political subdivision and to extent consistent 

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

3 fide State or political subdivision or bona fide law 

4 enforcement agency shall be denied absent good 

5 cause. No limit on the number of agreements under 

6 this subsection may be imposed. The Secretary shall 

7 process requests for such agreements with all due 

8 haste, and in no case shall take not more than 90 

9 days from the date the request is made until the 

10 agreement is consummated.’’; 

11 (2) by redesignating paragraph (2) as para12 graph (5) and paragraphs (3) through (10) as para13 graphs (7) through (14), respectively; 

14 (3) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) An agreement under this subsection shall accom17 modate a requesting State or political subdivision with re18 spect to the enforcement model or combination of models, 

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

20 jail model, any combination thereof, or any other reason21 able model the State or political subdivision believes is best 

22 suited to the immigration enforcement needs of its juris23 diction. 

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

25 broadly at identifying inadmissible or deportable aliens 


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1 shall substitute for such agreements, including those es2 tablishing a jail model, and shall operate in addition to 

3 any agreement under this subsection. 

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

5 terminated without good cause. 

6 ‘‘(B)(i) The Secretary shall provide a State or polit7 ical subdivision written notice of intent to terminate at 

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

9 the notice shall fully explain the grounds for termination, 

10 along with providing evidence substantiating the Sec11 retary’s allegations. 

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

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

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

15 to appeal the ruling to the Federal Circuit Court of Ap16 peals and, if the ruling is against the State or political 

17 subdivision, to the Supreme Court. 

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

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

20 (4) by inserting after paragraph (5) (as redesig21 nated) the following: 

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

23 training of State and local law enforcement officers avail24 able through as many means as possible, including 

25 through residential training at the Center for Domestic 


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1 Preparedness and the Federal Law Enforcement Training 

2 Center, onsite training held at State or local police agen3 cies or facilities, online training courses by computer, tele4 conferencing, and videotape, or the digital video display 

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

6 through a secure, encrypted distributed learning system 

7 that has all its servers based in the United States, is scal8 able, survivable, and can have a portal in place not later 

9 than 30 days after the date of the enactment of this Act, 

10 shall be made available by the COPS Office of the Depart11 ment of Justice and the Federal Law Enforcement Train12 ing Center Distributed Learning Program for State and 

13 local law enforcement personnel. Preference shall be given 

14 to private sector-based web-based immigration enforce15 ment training programs for which the Federal Govern16 ment has already provided support to develop.’’. 

17 SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

18 (SCAAP). 

19 Section 241(i) of the Immigration and Nationality 

20 Act (8 U.S.C. 1231(i)) is amended— 

21 (1) by striking ‘‘Attorney General’’ the first 

22 place such term appears and inserting ‘‘Secretary of 

23 Homeland Security’’; 


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

2 such term appears thereafter and inserting ‘‘Sec3 retary’’; 

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

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

6 (4) by amending paragraph (5) to read as fol7 lows: 

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

9 carry out this subsection such sums as may be nec10 essary for fiscal year 2014 and each subsequent fis11 cal year.’’. 

12 SEC. 114. STATE VIOLATIONS OF ENFORCEMENT OF IMMI13 GRATION LAWS. 

14 (a) IN GENERAL.—Section 642 of the Illegal Immi15 gration Reform and Immigrant Responsibility Act of 1996 

16 (8 U.S.C. 1373) is amended— 

17 (1) by striking ‘‘Immigration and Naturaliza18 tion Service’’ in each place it appears and inserting 

19 ‘‘Department of Homeland Security’’; 

20 (2) in subsection (a), by striking ‘‘may’’ and in21 serting ‘‘shall’’; 

22 (3) in subsection (b)— 

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

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


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

2 with respect to information’’ and inserting ‘‘un3 dertaking any of the following law enforcement 

4 activities’’; and 

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

6 and inserting the following: 

7 ‘‘(1) Notifying the Federal Government regard8 ing the presence of inadmissible and deportable 

9 aliens who are encountered by law enforcement per10 sonnel of a State or political subdivision of a State. 

11 ‘‘(2) Complying with requests for information 

12 from Federal law enforcement. 

13 ‘‘(3) Complying with detainers issued by the 

14 Department of Homeland Security. 

15 ‘‘(4) Issuing policies in the form of a resolu16 tions, ordinances, administrative actions, general or 

17 special orders, or departmental policies that violate 

18 Federal law or restrict a State or political subdivi19 sion of a State from complying with Federal law or 

20 coordinating with Federal law enforcement.’’; and 

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

22 ‘‘(d) COMPLIANCE.— 

23 ‘‘(1) IN GENERAL.—A State, or a political sub24 division of a State, that has in effect a statute, pol25 icy, or practice that prohibits law enforcement offiVerDate Mar 15 2010 23:35 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2278.IH H2278

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1 cers of the State, or of a political subdivision of the 

2 State, from assisting or cooperating with Federal 

3 immigration law enforcement in the course of car4 rying out the officers’ routine law enforcement du5 ties shall not be eligible to receive— 

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

7 be allocated to the State or political subdivision 

8 under section 241(i) of the Immigration and 

9 Nationality Act (8 U.S.C. 1231(i)) or the ‘Cops 

10 on the Beat’ program under part Q of title I of 

11 the Omnibus Crime Control and Safe Streets 

12 Act of 1968 (42 U.S.C. 3796dd et seq.); or 

13 ‘‘(B) any other law enforcement or Depart14 ment of Homeland Security grant. 

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

16 shall determine annually which State or political 

17 subdivision of a State are not in compliance with 

18 section and shall report such determinations to Con19 gress on March 1 of each year. 

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

21 issue a report concerning the compliance of any par22 ticular State or political subdivision at the request of 

23 the House or Senate Judiciary Committee. Any ju24 risdiction that is found to be out of compliance shall 

25 be ineligible to receive Federal financial assistance 


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1 as provided in paragraph (1) for a minimum period 

2 of 1 year, and shall only become eligible again after 

3 the Attorney General certifies that the jurisdiction is 

4 in compliance. 

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

6 allocated to a State or to a political subdivision of 

7 a State, due to the failure of the State, or of the po8 litical subdivision of the State, to comply with sub9 section (c) shall be reallocated to States, or to polit10 ical subdivisions of States, that comply with such 

11 subsection. 

12 ‘‘(e) CONSTRUCTION.—Nothing in this section shall 

13 require law enforcement officials from States, or from po14 litical subdivisions of States, to report or arrest victims 

15 or witnesses of a criminal offense.’’. 

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

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

18 of this Act, except that subsection (d) of section 642 of 

19 the Illegal Immigration Reform and Immigrant Responsi20 bility Act of 1996 (8 U.S.C. 1373), as added by this sec21 tion, shall take effect beginning one year after the date 

22 of the enactment of this Act. 

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

24 Except as otherwise provided by Federal law or rule 

25 of procedure, the Secretary of Homeland Security shall 


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1 execute all lawful writs, process, and orders issued under 

2 the authority of the United States, and shall command 

3 all necessary assistance to execute the Secretary’s duties. 

4 TITLE II—NATIONAL SECURITY 

5 SEC. 201. REMOVAL OF, AND DENIAL OF BENEFITS TO, TER6 RORIST ALIENS. 

7 (a) ASYLUM.—Section 208(b)(2)(A) of the Immigra8 tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 

9 amended— 

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

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

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

13 ‘‘(v) the alien is described in subpara14 graph (B)(i) or (F) of section 212(a)(3), 

15 unless, in the case of an alien described in 

16 subparagraph (IV), (V), or (IX) of section 

17 212(a)(3)(B)(i), the Secretary of Home18 land Security or the Attorney General de19 termines, in the discretion of the Secretary 

20 or the Attorney General, that there are not 

21 reasonable grounds for regarding the alien 

22 as a danger to the security of the United 

23 States; or’’. 


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1 (b) CANCELLATION OF REMOVAL.—Section 

2 240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) is amend3 ed— 

4 (1) by striking ‘‘inadmissible under’’ and insert5 ing ‘‘described in’’; and 

6 (2) by striking ‘‘deportable under’’ and insert7 ing ‘‘described in’’. 

8 (c) VOLUNTARY DEPARTURE.—Section 

9 240B(b)(1)(C) of such Act (8 U.S.C. 1229c(b)(1)(C)) is 

10 amended by striking ‘‘deportable under section 

11 237(a)(2)(A)(iii) or section 237(a)(4);’’ and inserting ‘‘de12 scribed in paragraph (2)(A)(iii) or (4) of section 237(a);’’. 

13 (d) RESTRICTION ON REMOVAL.—Section 

14 241(b)(3)(B) of such Act (8 U.S.C. 1231(b)(3)(B)) is 

15 amended— 

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

17 Security’’ after ‘‘Attorney General’’ wherever that 

18 term appears; 

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

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

21 end and inserting ‘‘; or’’; 

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

23 ‘‘(v) the alien is described in subpara24 graph (B)(i) or (F) of section 212(a)(3), 

25 unless, in the case of an alien described in 


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1 subparagraph (IV), (V), or (IX) of section 

2 212(a)(3)(B)(i), the Secretary of Home3 land Security or the Attorney General de4 termines, in discretion of the Secretary or 

5 the Attorney General, that there are not 

6 reasonable grounds for regarding the alien 

7 as a danger to the security of the United 

8 States.’’; and 

9 (5) by striking the final sentence. 

10 (e) RECORD OF ADMISSION.— 

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

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

13 ‘‘RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN

14 THE CASE OF CERTAIN ALIENS WHO ENTERED THE

15 UNITED STATES PRIOR TO JANUARY 1, 1972

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

17 the discretion of the Secretary and under such regulations 

18 as the Secretary may prescribe, may enter a record of law19 ful admission for permanent residence in the case of any 

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

21 alien— 

22 ‘‘(1) entered the United States before January 

23 1, 1972; 

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

25 States since such entry; 


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

2 since such entry; 

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

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

5 (2), (3), (6)(C), (6)(E), or (8) of section 212(a); and 

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

7 cause fail or refuse to attend or remain in attend8 ance at a proceeding to determine the alien’s inad9 missibility or deportability. 

10 Such recordation shall be effective as of the date of ap11 proval of the application or as of the date of entry if such 

12 entry occurred prior to July 1, 1924.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents for such Act is amended by amending the item 

15 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.’’. 

16 (f) EFFECTIVE DATE.—The amendments made by 

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

18 this Act and sections 208(b)(2)(A), 212(a), 240A, 240B, 

19 241(b)(3), and 249 of the Immigration and Nationality 

20 Act, as so amended, shall apply to— 

21 (1) all aliens in removal, deportation, or exclu22 sion proceedings; 

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

24 the date of the enactment of this Act; and 


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1 (3) with respect to aliens and applications de2 scribed in paragraph (1) or (2) of this subsection, 

3 acts and conditions constituting a ground for exclu4 sion, deportation, or removal occurring or existing 

5 before, on, or after the date of the enactment of this 

6 Act. 

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

8 (a) DEFINITION OF GOOD MORAL CHARACTER.— 

9 Section 101(f) of the Immigration and Nationality Act (8 

10 U.S.C. 1101(f)) is amended— 

11 (1) by redesignating paragraphs (1) through 

12 (9) as paragraphs (2) through (10), respectively; 

13 (2) by inserting after paragraph (1) the fol14 lowing: 

15 ‘‘(2) one who the Secretary of Homeland Secu16 rity or Attorney General determines to have been at 

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

18 237(a)(4), which determination may be based upon 

19 any relevant information or evidence, including clas20 sified, sensitive, or national security information;’’; 

21 (3) in paragraph (9) (as redesignated), by in22 serting ‘‘, regardless whether the crime was classi23 fied as an aggravated felony at the time of convic24 tion, except that the Secretary of Homeland Security 

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1 tion of the Secretary or Attorney General, determine 

2 that this paragraph shall not apply in the case of a 

3 single aggravated felony conviction (other than mur4 der, manslaughter, homicide, rape, or any sex of5 fense when the victim of such sex offense was a 

6 minor) for which completion of the term of imprison7 ment or the sentence (whichever is later) occurred 

8 10 or more years prior to the date of application’’ 

9 after ‘‘(as defined in subsection (a)(43))’’; and 

10 (4) by striking the first sentence the follows 

11 paragraph (10) (as redesignated) and inserting fol12 lowing: ‘‘The fact that any person is not within any 

13 of the foregoing classes shall not preclude a discre14 tionary finding for other reasons that such a person 

15 is or was not of good moral character. The Secretary 

16 or the Attorney General shall not be limited to the 

17 applicant’s conduct during the period for which good 

18 moral character is required, but may take into con19 sideration as a basis for determination the appli20 cant’s conduct and acts at any time.’’ 

21 (b) AGGRAVATED FELONS.—Section 509(b) of the 

22 Immigration Act of 1990 (8 U.S.C. 1101 note) is amended 

23 to read as follows: 

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

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


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1 and shall apply to convictions occurring before, on or after 

2 such date.’’. 

3 (c) TECHNICAL CORRECTION TO THE INTELLIGENCE

4 REFORM ACT.—Section 5504(2) of the Intelligence Re5 form and Terrorism Prevention Act of 2004 (Public Law 

6 108–458) is amended by striking ‘‘adding at the end’’ and 

7 inserting ‘‘inserting after paragraph (8)’’. 

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

9 subsections (a) and (b) shall take effect on the date of 

10 enactment of this Act, shall apply to any act that occurred 

11 before, on, or after such date and shall apply to any appli12 cation for naturalization or any other benefit or relief, or 

13 any other case or matter under the immigration laws 

14 pending on or filed after such date. The amendments 

15 made by subsection (c) shall take effect as if enacted in 

16 the Intelligence Reform and Terrorism Prevention Act of 

17 2004 (Public Law 108–458). 

18 SEC. 203. TERRORIST BAR TO NATURALIZATION. 

19 (a) NATURALIZATION OF PERSONS ENDANGERING

20 THE NATIONAL SECURITY.—Section 316 of the Immigra21 tion and Nationality Act (8 U.S.C. 1426) is amended by 

22 adding at the end the following: 

23 ‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU24 RITY.—No person shall be naturalized who the Secretary 

25 of Homeland Security determines to have been at any time 


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

2 determination may be based upon any relevant informa3 tion or evidence, including classified, sensitive, or national 

4 security information.’’. 

5 (b) CONCURRENT NATURALIZATION AND REMOVAL

6 PROCEEDINGS.—Section 318 of the Immigration and Na7 tionality Act (8 U.S.C. 1429) is amended by striking 

8 ‘‘other Act;’’ and inserting ‘‘other Act; and no application 

9 for naturalization shall be considered by the Secretary of 

10 Homeland Security or any court if there is pending 

11 against the applicant any removal proceeding or other pro12 ceeding to determine the applicant’s inadmissibility or de13 portability, or to determine whether the applicant’s lawful 

14 permanent resident status should be rescinded, regardless 

15 of when such proceeding was commenced: Provided, That 

16 the findings of the Attorney General in terminating re17 moval proceedings or in canceling the removal of an alien 

18 pursuant to the provisions of this Act, shall not be deemed 

19 binding in any way upon the Secretary of Homeland Secu20 rity with respect to the question of whether such person 

21 has established his eligibility for naturalization as required 

22 by this title;’’. 

23 (c) PENDING DENATURALIZATION OR REMOVAL

24 PROCEEDINGS.—Section 204(b) of the Immigration and 

25 Nationality Act (8 U.S.C. 1154(b)) is amended by adding 


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1 at the end the following: ‘‘No petition shall be approved 

2 pursuant to this section if there is any administrative or 

3 judicial proceeding (whether civil or criminal) pending 

4 against the petitioner that could (whether directly or indi5 rectly) result in the petitioner’s denaturalization or the 

6 loss of the petitioner’s lawful permanent resident status.’’. 

7 (d) CONDITIONAL PERMANENT RESIDENTS.—Sec8 tions 216(e) and section 216A(e) of the Immigration and 

9 Nationality Act (8 U.S.C. 1186a(e) and 1186b(e)) are 

10 each amended by striking the period at the end and insert11 ing ‘‘, if the alien has had the conditional basis removed 

12 pursuant to this section.’’. 

13 (e) DISTRICT COURT JURISDICTION.—Subsection 

14 336(b) of the Immigration and Nationality Act, 8 U.S.C. 

15 1447(b), is amended to read as follows: 

16 ‘‘(b) If there is a failure to render a final administra17 tive decision under section 335 before the end of the 180- 

18 day period after the date on which the Secretary of Home19 land Security completes all examinations and interviews 

20 conducted under such section, as such terms are defined 

21 by the Secretary of Homeland Security pursuant to regu22 lations, the applicant may apply to the district court for 

23 the district in which the applicant resides for a hearing 

24 on the matter. Such court shall only have jurisdiction to 

25 review the basis for delay and remand the matter to the 


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1 Secretary of Homeland Security for the Secretary’s deter2 mination on the application.’’. 

3 (f) CONFORMING AMENDMENT.—Section 310(c) of 

4 the Immigration and Nationality Act (8 U.S.C. 1421(c)) 

5 is amended— 

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

7 is 120 days after the Secretary of Homeland Secu8 rity’s final determination,’’ after ‘‘seek’’; and 

9 (2) by striking the second sentence and insert10 ing the following: ‘‘The burden shall be upon the pe11 titioner to show that the Secretary’s denial of the 

12 application was not supported by facially legitimate 

13 and bona fide reasons. Except in a proceeding under 

14 section 340, notwithstanding any other provision of 

15 law (statutory or nonstatutory), including section 

16 2241 of title 28, United States Code, or any other 

17 habeas corpus provision, and sections 1361 and 

18 1651 of such title, no court shall have jurisdiction 

19 to determine, or to review a determination of the 

20 Secretary made at any time regarding, whether, for 

21 purposes of an application for naturalization, an 

22 alien is a person of good moral character, whether 

23 the alien understands and is attached to the prin24 ciples of the Constitution of the United States, or 


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1 whether an alien is well disposed to the good order 

2 and happiness of the United States.’’. 

3 (g) EFFECTIVE DATE.—The amendments made by 

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

5 this Act, shall apply to any act that occurred before, on, 

6 or after such date, and shall apply to any application for 

7 naturalization or any other case or matter under the immi8 gration laws pending on, or filed after, such date. 

9 SEC. 204. DENATURALIZATION FOR TERRORISTS. 

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

11 and Nationality Act is amended— 

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

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

14 (2) by inserting after subsection (e) the fol15 lowing: 

16 ‘‘(f)(1) If a person who has been naturalized partici17 pates in any act described in paragraph (2), the Attorney 

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

19 naturalization, such person was not attached to the prin20 ciples of the Constitution of the United States and was 

21 not well disposed to the good order and happiness of the 

22 United States at the time of naturalization, and upon such 

23 finding shall set aside the order admitting such person to 

24 citizenship and cancel the certificate of naturalization as 

25 having been obtained by concealment of a material fact 


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1 or by willful misrepresentation, and such revocation and 

2 setting aside of the order admitting such person to citizen3 ship and such canceling of certificate of naturalization 

4 shall be effective as of the original date of the order and 

5 certificate, respectively. 

6 ‘‘(2) The acts described in this paragraph are the fol7 lowing: 

8 ‘‘(A) Any activity a purpose of which is the op9 position to, or the control or overthrow of, the Gov10 ernment of the United States by force, violence, or 

11 other unlawful means. 

12 ‘‘(B) Engaging in a terrorist activity (as de13 fined in clauses (iii) and (iv) of section 

14 212(a)(3)(B)). 

15 ‘‘(C) Incitement of terrorist activity under cir16 cumstances indicating an intention to cause death or 

17 serious bodily harm. 

18 ‘‘(D) Receiving military-type training (as de19 fined in section 2339D(c)(1) of title 18, United 

20 States Code) from or on behalf of any organization 

21 that, at the time the training was received, was a 

22 terrorist organization (as defined in section 

23 212(a)(3)(B)(vi)).’’. 

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

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1 ment of this Act and shall apply to acts that occur on 

2 or after such date. 

3 SEC. 205. USE OF 1986 IRCA LEGALIZATION INFORMATION 

4 FOR NATIONAL SECURITY PURPOSES. 

5 (a) SPECIAL AGRICULTURAL WORKERS.—Section 

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

7 U.S.C. 1160(b)(6)) is amended— 

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

9 such term appears and inserting ‘‘Secretary of 

10 Homeland Security’’; 

11 (2) in subparagraph (A), by striking ‘‘Depart12 ment of Justice,’’ and inserting ‘‘Department of 

13 Homeland Security,’’; 

14 (3) by redesignating subparagraphs (C) and 

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

16 (4) by inserting after subparagraph (B) the fol17 lowing: 

18 ‘‘(C) AUTHORIZED DISCLOSURES.— 

19 ‘‘(i) CENSUS PURPOSE.—The Sec20 retary of Homeland Security may provide, 

21 in his discretion, for the furnishing of in22 formation furnished under this section in 

23 the same manner and circumstances as 

24 census information may be disclosed under 

25 section 8 of title 13, United States Code. 


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1 ‘‘(ii) NATIONAL SECURITY PUR2 POSE.—The Secretary of Homeland Secu3 rity may provide, in his discretion, for the 

4 furnishing, use, publication, or release of 

5 information furnished under this section in 

6 any investigation, case, or matter, or for 

7 any purpose, relating to terrorism, national 

8 intelligence or the national security.’’; and 

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

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

11 Homeland Security’’. 

12 (b) ADJUSTMENT OF STATUS UNDER THE IMMIGRA13 TION REFORM AND CONTROL ACT OF 1986.—Section 

14 245A(c)(5) of the Immigration and Nationality Act (8 

15 U.S.C. 1255a(c)(5)), is amended— 

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

17 such term appears and inserting ‘‘Secretary of 

18 Homeland Security’’; 

19 (2) in subparagraph (A), by striking ‘‘Depart20 ment of Justice,’’ and inserting ‘‘Department of 

21 Homeland Security,’’; 

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

23 follows: 

24 ‘‘(C) AUTHORIZED DISCLOSURES.— 


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1 ‘‘(i) CENSUS PURPOSE.—The Sec2 retary of Homeland Security may provide, 

3 in his discretion, for the furnishing of in4 formation furnished under this section in 

5 the same manner and circumstances as 

6 census information may be disclosed under 

7 section 8 of title 13, United States Code. 

8 ‘‘(ii) NATIONAL SECURITY PUR9 POSE.—The Secretary of Homeland Secu10 rity may provide, in his discretion, for the 

11 furnishing, use, publication, or release of 

12 information furnished under this section in 

13 any investigation, case, or matter, or for 

14 any purpose, relating to terrorism, national 

15 intelligence or the national security.’’; and 

16 (4) in subparagraph (D), striking ‘‘Service’’ 

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

18 SEC. 206. BACKGROUND AND SECURITY CHECKS. 

19 (a) REQUIREMENT TO COMPLETE BACKGROUND AND

20 SECURITY CHECKS.—Section 103 of the Immigration and 

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

22 at the end the following: 

23 ‘‘(h) Notwithstanding any other provision of law 

24 (statutory or nonstatutory), including but not limited to 

25 section 309 of Public Law 107–173, sections 1361 and 


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1 1651 of title 28, United States Code, and section 706(1) 

2 of title 5, United States Code, neither the Secretary of 

3 Homeland Security, the Attorney General, nor any court 

4 may— 

5 ‘‘(1) grant, or order the grant of or adjudica6 tion of an application for adjustment of status to 

7 that of an alien lawfully admitted for permanent res8 idence; 

9 ‘‘(2) grant, or order the grant of or adjudica10 tion of an application for United States citizenship 

11 or any other status, relief, protection from removal, 

12 employment authorization, or other benefit under 

13 the immigration laws; 

14 ‘‘(3) grant, or order the grant of or adjudica15 tion of, any immigrant or nonimmigrant petition; or 

16 ‘‘(4) issue or order the issuance of any docu17 mentation evidencing or related to any such grant, 

18 until such background and security checks as the 

19 Secretary may in his discretion require have been 

20 completed or updated to the satisfaction of the Sec21 retary. 

22 ‘‘(i) Notwithstanding any other provision of law (stat23 utory or nonstatutory), including but not limited to section 

24 309 of Public Law 107–173, sections 1361 and 1651 of 

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


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1 5, United States Code, neither the Secretary of Homeland 

2 Security nor the Attorney General may be required to— 

3 ‘‘(1) grant, or order the grant of or adjudica4 tion of an application for adjustment of status to 

5 that of an alien lawfully admitted for permanent res6 idence, 

7 ‘‘(2) grant, or order the grant of or adjudica8 tion of an application for United States citizenship 

9 or any other status, relief, protection from removal, 

10 employment authorization, or other benefit under 

11 the immigration laws, 

12 ‘‘(3) grant, or order the grant of or adjudica13 tion of, any immigrant or nonimmigrant petition, or 

14 ‘‘(4) issue or order the issuance of any docu15 mentation evidencing or related to any such grant, 

16 until any suspected or alleged materially false infor17 mation, material misrepresentation or omission, con18 cealment of a material fact, fraud or forgery, coun19 terfeiting, or alteration, or falsification of a docu20 ment, as determined by the Secretary, relating to 

21 the adjudication of an application or petition for any 

22 status (including the granting of adjustment of sta23 tus), relief, protection from removal, or other benefit 

24 under this subsection has been investigated and re25 solved to the Secretary’s satisfaction. 


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1 ‘‘(j) Notwithstanding any other provision of law (stat2 utory or nonstatutory), including section 309 of the En3 hanced Border Security and Visa Entry Reform Act (8 

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

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

6 Code, no court shall have jurisdiction to require any of 

7 the acts in subsection (h) or (i) to be completed by a cer8 tain time or award any relief for failure to complete or 

9 delay in completing such acts.’’. 

10 (b) CONSTRUCTION.— 

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

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

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

14 ‘‘CONSTRUCTION

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

16 or any other law, except as provided in subsection (d), 

17 shall be construed to require the Secretary of Homeland 

18 Security, the Attorney General, the Secretary of State, the 

19 Secretary of Labor, or a consular officer to grant any ap20 plication, approve any petition, or grant or continue any 

21 relief, protection from removal, employment authorization, 

22 or any other status or benefit under the immigration laws 

23 by, to, or on behalf of— 

24 ‘‘(1) any alien deemed by the Secretary to be 

25 described in section 212(a)(3) or section 237(a)(4); 

26 or 


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

2 or other proceeding or investigation is open or pend3 ing (including, but not limited to, issuance of an ar4 rest warrant, detainer, or indictment), where such 

5 proceeding or investigation is deemed by the official 

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

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

8 ‘‘(b) DENIAL OR WITHHOLDING OF ADJUDICA9 TION.—An official described in subsection (a) may, in the 

10 discretion of the official, deny (with respect to an alien 

11 described in paragraph (1) or (2) of subsection (a)) or 

12 withhold adjudication of pending resolution of the inves13 tigation or case (with respect to an alien described in sub14 section (a)(2) of this section) any application, petition, re15 lief, protection from removal, employment authorization, 

16 status or benefit. 

17 ‘‘(c) JURISDICTION.—Notwithstanding any other pro18 vision of law (statutory or nonstatutory), including section 

19 309 of the Enhanced Border Security and Visa Entry Re20 form Act (8 U.S.C. 1738), sections 1361 and 1651 of title 

21 28, United States Code, and section 706(1) of title 5, 

22 United States Code, no court shall have jurisdiction to re23 view a decision to deny or withhold adjudication pursuant 

24 to subsection (b) of this section. 


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1 ‘‘(d) WITHHOLDING OF REMOVAL AND TORTURE

2 CONVENTION.—This section does not limit or modify the 

3 applicability of section 241(b)(3) or the United Nations 

4 Convention Against Torture and Other Cruel, Inhuman or 

5 Degrading Treatment or Punishment, subject to any res6 ervations, understandings, declarations and provisos con7 tained in the United States Senate resolution of ratifica8 tion of the Convention, as implemented by section 2242 

9 of the Foreign Affairs Reform and Restructuring Act of 

10 1998 (Public Law 105–277) with respect to an alien oth11 erwise eligible for protection 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: 

‘‘362. Construction.’’. 

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

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

17 of this Act and shall apply to applications for immigration 

18 benefits 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 

25 striking ‘‘the Secretary, in conjunction with the Secretary 


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1 of 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 AND CON11 VICTION. 

12 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

13 101(a)(43) of the Immigration and Nationality Act (8 

14 U.S.C. 1101(a)(43)) is amended— 

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

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

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

18 to an offense described in this paragraph, whether in 

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

20 the law of a foreign country for which the term of 

21 imprisonment was completed within the previous 15 

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

23 for the offense is based on recidivist or other en24 hancements and regardless of whether the conviction 


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1 was entered before, on, or after September 30, 1996, 

2 and means—’’; 

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

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

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

6 victim was conscious or unconscious), or any offense 

7 of a sexual nature involving a victim under the age 

8 of 18 years;’’; 

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

10 and inserting ‘‘2252, or 2252A’’. 

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

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

13 that if the conviction records do not conclusively es14 tablish whether a crime constitutes a crime of vio15 lence, the Attorney General may consider other evi16 dence related to the conviction that clearly estab17 lishes that the conduct for which the alien was en18 gaged constitutes a crime of violence;’’ 

19 (5) in subparagraph (N), by striking paragraph 

20 ‘‘(1)(A) or (2) of’’; 

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 

5 in this paragraph’’ and inserting ‘‘attempting or 

6 conspiring to commit an offense described in this 

7 paragraph, or aiding, abetting, counseling, pro8 curing, commanding, inducing, or soliciting the com9 mission of such an offense.’’; and 

10 (8) by striking the undesignated matter fol11 lowing subparagraph (U). 

12 (b) DEFINITION OF CONVICTION.—Section 

13 101(a)(48) of such Act (8 U.S.C. 1101(a)(48)) is amend14 ed by adding at the end the following: 

15 ‘‘(C) Any reversal, vacatur, expungement, or modi16 fication to a conviction, sentence, or conviction record that 

17 was granted to ameliorate the consequences of the convic18 tion, sentence, or conviction record, or was granted for re19 habilitative purposes, or for failure to advise the alien of 

20 the immigration consequences of a guilty plea or a deter21 mination of guilt, shall have no effect on the immigration 

22 consequences resulting from the original conviction. The 

23 alien shall have the burden of demonstrating that any re24 versal, vacatur, expungement, or modification was not 

25 granted to ameliorate the consequences of the conviction, 


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1 sentence, or conviction record, for rehabilitative purposes, 

2 or for failure to advise the alien of the immigration con3 sequences of a guilty plea or a determination of guilt, ex4 cept where the alien establishes a pardon consistent with 

5 section 237(a)(2)(A)(vi).’’. 

6 (c) EFFECTIVE DATE; APPLICATION OF AMEND7 MENTS.— 

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

9 subsection (a)— 

10 (A) shall take effect on the date of the en11 actment of this Act; and 

12 (B) shall apply to any act or conviction 

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

14 (2) APPLICATION OF IIRIRA AMENDMENTS.— 

15 The amendments to section 101(a)(43) of the Immi16 gration and Nationality Act (8 U.S.C. 1101(a)(43)) 

17 made by section 321 of the Illegal Immigration Re18 form and Immigrant Responsibility Act of 1996 (di19 vision C of Public Law 104-208; 110 Stat. 3009- 

20 627) shall continue to apply, whether the conviction 

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


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1 SEC. 302. PRECLUDING ADMISSIBILITY OF ALIENS CON2 VICTED OF AGGRAVATED FELONIES OR 

3 OTHER SERIOUS OFFENSES. 

4 (a) INADMISSIBILITY ON CRIMINAL AND RELATED

5 GROUNDS; WAIVERS.—Section 212 of the Immigration 

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

7 (1) in subparagraph (a)(2)(A)(i)— 

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

9 the end; 

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

11 the end; and 

12 (C) by inserting after subclause (II) the 

13 following: 

14 ‘‘(III) a violation of (or a con15 spiracy or attempt to violate) an of16 fense described in section 408 of title 

17 42, United States Code (relating to 

18 social security account numbers or so19 cial security cards) or section 1028 of 

20 title 18, United States Code (relating 

21 to fraud and related activity in con22 nection with identification documents, 

23 authentication features, and informa24 tion);’’. 

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

26 the following: 


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1 ‘‘(J) PROCUREMENT OF CITIZENSHIP OR

2 NATURALIZATION UNLAWFULLY.—Any alien 

3 convicted of, or who admits having committed, 

4 or who admits committing acts which constitute 

5 the essential elements of, a violation of, or an 

6 attempt or a conspiracy to violate, subsection 

7 (a) or (b) of section 1425 of title 18, United 

8 States Code (relating to the procurement of 

9 citizenship or naturalization unlawfully) is inad10 missible. 

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

12 alien who at any time has been convicted under 

13 any law of, or who admits having committed or 

14 admits committing acts which constitute the es15 sential elements of, purchasing, selling, offering 

16 for sale, exchanging, using, owning, possessing, 

17 or carrying, or of attempting or conspiring to 

18 purchase, sell, offer for sale, exchange, use, 

19 own, possess, or carry, any weapon, part, or ac20 cessory which is a firearm or destructive device 

21 (as defined in section 921(a) of title 18, United 

22 States Code) in violation of any law is inadmis23 sible. 


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1 ‘‘(L) AGGRAVATED FELONS.—Any alien 

2 who has been convicted of an aggravated felony 

3 at 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 

11 which constitute the essential elements of, 

12 a crime of domestic violence, a crime of 

13 stalking, or a crime of child abuse, child 

14 neglect, or child abandonment is inadmis15 sible. For purposes of this clause, the term 

16 ‘crime of domestic violence’ means any 

17 crime of violence (as defined in section 16 

18 of title 18, United States Code) against a 

19 person committed by a current or former 

20 spouse of the person, by an individual with 

21 whom the person shares a child in com22 mon, by an individual who is cohabiting 

23 with or has cohabited with the person as a 

24 spouse, by an individual similarly situated 

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1 tic or family violence laws of the jurisdic2 tion where the offense occurs, or by any 

3 other individual against a person who is 

4 protected from that individual’s acts under 

5 the domestic or family violence laws of the 

6 United States or any State, Indian tribal 

7 government, or unit of local or foreign gov8 ernment. 

9 ‘‘(ii) VIOLATORS OF PROTECTION OR10 DERS.—Any alien who at any time is en11 joined under a protection order issued by 

12 a court and whom the court determines 

13 has engaged in conduct that violates the 

14 portion of a protection order that involves 

15 protection against credible threats of vio16 lence, repeated harassment, or bodily in17 jury to the person or persons for whom the 

18 protection order was issued is inadmissible. 

19 For purposes of this clause, the term ‘pro20 tection order’ means any injunction issued 

21 for the purpose of preventing violent or 

22 threatening acts of domestic violence, in23 cluding temporary or final orders issued by 

24 civil or criminal courts (other than support 

25 or child custody orders or provisions) 


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1 whether obtained by filing an independent 

2 action or as a independent order in an3 other proceeding. 

4 ‘‘(iii) WAIVER AUTHORIZED.—The 

5 waiver authority available under section 

6 237(a)(7) with respect to section 

7 237(a)(2)(E)(i) shall be available on a 

8 comparable basis with respect to this sub9 paragraph. 

10 ‘‘(iv) CLARIFICATION.—If the convic11 tion records do not conclusively establish 

12 whether a crime of domestic violence con13 stitutes a crime of violence (as defined in 

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

15 the Attorney General may consider other 

16 evidence related to the conviction that 

17 clearly establishes that the conduct for 

18 which the alien was engaged constitutes a 

19 crime of violence.’’; and 

20 (3) in subsection (h)— 

21 (A) by striking ‘‘The Attorney General 

22 may, in his discretion, waive the application of 

23 subparagraphs (A)(i)(I), (B), (D), and (E) of 

24 subsection (a)(2)’’ and inserting ‘‘The Attorney 

25 General or the Secretary of Homeland Security 


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1 may, in the discretion of the Attorney General 

2 or the Secretary, waive the application of sub3 paragraphs (A)(i)(I), (III), (B), (D), (E), (K), 

4 and (M) of subsection (a)(2)’’; 

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

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

7 torture, or has been convicted of an aggravated 

8 felony.’’; 

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

10 such admission the alien has been convicted of 

11 an aggravated felony or the alien’’ and inserting 

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

13 and 

14 (D) by inserting ‘‘or Secretary of Home15 land Security’’ after ‘‘the Attorney General’’ 

16 wherever that phrase appears. 

17 (b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 

18 237(a)(3)(B) of the Immigration and Nationality Act (8 

19 U.S.C. 1227(a)(3)(B)) is amended— 

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

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

22 and 

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

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

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


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1 or (b) of Title 18 (relating to the procure2 ment of citizenship or naturalization un3 lawfully),’’. 

4 (c) DEPORTABILITY; CRIMINAL OFFENSES.—Section 

5 237(a)(2) of the Immigration and Nationality Act (8 

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

7 following: 

8 ‘‘(G) Any alien who at any time after ad9 mission has been convicted of a violation of (or 

10 a conspiracy or attempt to violate) section 408 

11 of title 42, United States Code (relating to so12 cial security account numbers or social security 

13 cards) or section 1028 of title 18, United States 

14 Code (relating to fraud and related activity in 

15 connection with identification) is deportable.’’. 

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

17 this section shall apply— 

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

19 the date of the enactment of this Act; and 

20 (2) to all aliens who are required to establish 

21 admissibility on or after such date, and in all re22 moval, deportation, or exclusion proceedings that are 

23 filed, pending, or reopened, on or after such date. 

24 (e) CONSTRUCTION.—The amendments made by sub25 section (a) shall not be construed to create eligibility for 


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1 relief from removal under former section 212(c) of the Im2 migration and Nationality Act where such eligibility did 

3 not exist before these amendments became effective. 

4 SEC. 303. ESPIONAGE CLARIFICATION. 

5 Section 212(a)(3)(A) of the Immigration and Nation6 ality Act (8 U.S.C. 1182(a)(3)(A)), is amended to read 

7 as follows: 

8 ‘‘(A) Any alien who a consular officer, the 

9 Attorney General, or the Secretary of Home10 land Security knows, or has reasonable ground 

11 to believe, seeks to enter the United States to 

12 engage solely, principally, or incidentally in, or 

13 who is engaged in, or with respect to clauses (i) 

14 and (iii) of this subparagraph has engaged in— 

15 ‘‘(i) any activity— 

16 ‘‘(I) to violate any law of the 

17 United States relating to espionage or 

18 sabotage; or 

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

20 prohibiting the export from the 

21 United States of goods, technology, or 

22 sensitive information; 

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

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

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1 throw of, the Government of the United 

2 States by force, violence, or other unlawful 

3 means; 

4 is inadmissible.’’. 

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

6 THE POSSESSION OF FIREARMS BY, CERTAIN 

7 ALIENS. 

8 Section 922 of title 18, United States Code, is 

9 amended— 

10 (1) in subsection (d)(5), in subparagraph (B), 

11 by striking ‘‘(y)(2)’’ and all that follows and insert12 ing ‘‘(y), is in the United States not as an alien law13 fully admitted for permanent residence’’; 

14 (2) in subsection (g)(5), in subparagraph (B), 

15 by striking ‘‘(y)(2)’’ and all that follows and insert16 ing ‘‘(y), is in the United States not as an alien law17 fully admitted for permanent residence’’; and 

18 (3) in subsection (y)— 

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

20 UNDER NONIMMIGRANT VISAS.—’’ and insert21 ing ‘‘NOT LAWFULLY ADMITTED FOR PERMA22 NENT RESIDENCE’’; 

23 (B) in paragraph (1), by amending sub24 paragraph (B) to read as follows: 


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1 ‘‘(B) the term ‘lawfully admitted for per2 manent residence’ has the same meaning as in 

3 section 101(a)(20) of the Immigration and Na4 tionality Act (8 U.S.C. 1101(a)(20).’’. 

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

6 nonimmigrant visa’’ and inserting ‘‘but not law7 fully admitted for permanent residence’’; and 

8 (D) in paragraph (3)(A), by striking ‘‘ad9 mitted to the United States under a non10 immigrant visa’’ and inserting ‘‘lawfully admit11 ted to the United States but not as an alien 

12 lawfully admitted for permanent residence’’. 

13 SEC. 305. UNIFORM STATUTE OF LIMITATIONS FOR CER14 TAIN IMMIGRATION, NATURALIZATION, AND 

15 PEONAGE OFFENSES. 

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

17 amended by striking ‘‘No person’’ through the period at 

18 the end and inserting the following: ‘‘No person shall be 

19 prosecuted, tried, or punished for a violation of any section 

20 of chapters 69 (relating to nationality and citizenship of21 fenses) and 75 (relating to passport, visa, and immigration 

22 offenses), or for a violation of any criminal provision of 

23 sections 243, 266, 274, 275, 276, 277, or 278 of the Im24 migration and Nationality Act, or for an attempt or con25 spiracy to violate any such section, unless the indictment 


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1 is returned or the information is filed within ten years 

2 after the commission of the offense.’’. 

3 SEC. 306. CONFORMING AMENDMENT TO THE DEFINITION 

4 OF RACKETEERING ACTIVITY. 

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

6 amended by striking ‘‘section 1542’’ through ‘‘section 

7 1546 (relating to fraud and misuse of visas, permits, and 

8 other documents)’’ and inserting ‘‘sections 1541-1548 (re9 lating to passports and visas)’’. 

10 SEC. 307. CONFORMING AMENDMENTS FOR THE AGGRA11 VATED FELONY DEFINITION. 

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

13 101(a)(43) of the Immigration and Nationality Act (8 

14 U.S.C. 1101(a)(43)) is amended— 

15 (1) by striking ‘‘(i) which either is falsely mak16 ing, forging, counterfeiting, mutilating, or altering a 

17 passport or instrument in violation of section 1543 

18 of title 18, United States Code, or is described in 

19 section 1546(a) of such title (relating to document 

20 fraud) and (ii)’’ and inserting ‘‘which is described in 

21 any section of chapter 75 of title 18, United States 

22 Code,’’; and 

23 (2) by inserting after ‘‘first offense’’ the fol24 lowing: ‘‘(i) that is not described in section 1548 of 

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


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

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to acts that occur before, 

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

5 SEC. 308. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 

6 OF STATUS FOR AGGRAVATED FELONS. 

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

8 and Nationality Act (8 U.S.C. 1159(c)) is amended by 

9 adding at the end thereof the following: ‘‘However, an 

10 alien who is convicted of an aggravated felony is not eligi11 ble for a waiver or for adjustment of status under this 

12 section.’’. 

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

14 subsection (a) shall apply— 

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

16 the date of the enactment of this Act; and 

17 (2) to all aliens who are required to establish 

18 admissibility on or after such date, and in all re19 moval, deportation, or exclusion proceedings that are 

20 filed, pending, or reopened, on or after such date. 

21 SEC. 309. INADMISSIBILITY AND DEPORTABILITY OF 

22 DRUNK DRIVERS. 

23 (a) IN GENERAL.—Section 101(a)(43) of the Immi24 gration and Nationality Act (8 U.S.C. 1101(a)(43)) is 

25 amended— 


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

2 (2) in subparagraph (U); by striking the period 

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

4 (3) by inserting after subparagraph (U) the fol5 lowing:. 

6 ‘‘(V) A second conviction for driving while in7 toxicated (including a conviction for driving while 

8 under the influence of or impaired by alcohol or 

9 drugs) without regard to whether the conviction is 

10 classified as a misdemeanor or felony under State 

11 law.’’. 

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

13 subsection (a) shall take effect on the date of the enact14 ment of this Act and apply to convictions entered on or 

15 after such date. 

16 SEC. 310. DETENTION OF DANGEROUS ALIENS. 

17 (a) IN GENERAL.—Section 241(a) of the Immigra18 tion and Nationality Act (8 U.S.C. 1231(a)) is amended— 

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

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

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


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

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

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

7 of the Secretary on the date the order of 

8 removal becomes administratively final, the 

9 date the alien is taken into such custody. 

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

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

16 detention or confinement.’’; 

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

19 ‘‘(C) SUSPENSION OF PERIOD.— 

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

21 shall be extended beyond a period of 90 

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

24 detention during such extended period if— 


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

2 make all reasonable efforts to comply 

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

5 establish the alien’s identity and carry 

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

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

11 removal that is subject to an order of 

12 removal; 

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

15 judge orders a stay of removal of an 

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

18 ‘‘(III) the Secretary transfers 

19 custody of the alien pursuant to law 

20 to another Federal agency or a State 

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

23 agency; or 

24 ‘‘(IV) a court or the Board of 

25 Immigration Appeals orders a remand 


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1 to an immigration judge or the Board 

2 of Immigration Appeals, during the 

3 time period when the case is pending 

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

6 date that the alien is ordered removed 

7 on remand). 

8 ‘‘(ii) RENEWAL.—If the removal pe9 riod has been extended under clause (C)(i), 

10 a new removal period shall be deemed to 

11 have begun on the date— 

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

15 the Secretary’s efforts to establish the 

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

18 ‘‘(II) the stay of removal is no 

19 longer in effect; or 

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

21 custody of the Secretary. 

22 ‘‘(iii) MANDATORY DETENTION FOR

23 CERTAIN ALIENS.—In the case of an alien 

24 described in subparagraphs (A) through 

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


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1 shall keep that alien in detention during 

2 the extended period described in clause (i). 

3 ‘‘(iv) SOLE FORM OF RELIEF.—An 

4 alien may seek relief from detention under 

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

8 United States Code. No alien whose period 

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

12 (4) in paragraph (3)— 

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

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

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

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

20 alien’s conduct or activities that the Secretary 

21 prescribes for the alien, in order to prevent the 

22 alien from absconding, for the protection of the 

23 community, or for other purposes related to the 

24 enforcement of the immigration laws.’’; 


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

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

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

4 following: 

5 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR

6 RELEASE OF CERTAIN ALIENS.— 

7 ‘‘(A) DETENTION REVIEW PROCESS FOR

8 COOPERATIVE ALIENS ESTABLISHED.—For an 

9 alien who is not otherwise subject to mandatory 

10 detention, who has made all reasonable efforts 

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

14 carry out the removal order, including making 

15 timely application in good faith for travel or 

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

18 prevent removal, the Secretary shall establish 

19 an administrative review process to determine 

20 whether the alien should be detained or released 

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

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


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1 alien, and may include consideration of any 

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

4 other Federal official and any other information 

5 available to the Secretary of Homeland Security 

6 pertaining to the ability to remove the alien. 

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

9 ‘‘(i) IN GENERAL.—The Secretary of 

10 Homeland Security, in the exercise of the 

11 Secretary’s sole discretion, may continue to 

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

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

16 extended under this subparagraph shall 

17 have no right to seek release on bond. 

18 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

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

21 may continue to detain an alien beyond the 

22 90 days authorized in clause (i)— 

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

24 the Secretary, in the Secretary’s sole 


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1 discretion, determines that there is a 

2 significant likelihood that the alien— 

3 ‘‘(aa) will be removed in the 

4 reasonably foreseeable future; or 

5 ‘‘(bb) would be removed in 

6 the reasonably foreseeable future, 

7 or would have been removed, but 

8 for the alien’s failure or refusal 

9 to make all reasonable efforts to 

10 comply with the removal order, 

11 or to cooperate fully with the 

12 Secretary’s efforts to establish 

13 the alien’s identity and carry out 

14 the removal order, including 

15 making timely application in 

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

18 departure, or conspires or acts to 

19 prevent removal; 

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

21 if the Secretary of Homeland Security 

22 certifies in writing— 

23 ‘‘(aa) in consultation with 

24 the Secretary of Health and 

25 Human Services, that the alien 


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1 has a highly contagious disease 

2 that poses a threat to public safe3 ty; 

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

6 Secretary of State, that release 

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

10 ‘‘(cc) based on information 

11 available to the Secretary of 

12 Homeland Security (including 

13 classified, sensitive, or national 

14 security information, and without 

15 regard to the grounds upon 

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

18 believe that the release of the 

19 alien would threaten the national 

20 security of the United States; or 

21 ‘‘(dd) that the release of the 

22 alien will threaten the safety of 

23 the community or any person, 

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


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1 safety of the community or any 

2 person, and either (AA) the alien 

3 has been convicted of one or 

4 more aggravated felonies (as de5 fined in section 101(a)(43)(A)) 

6 or of one or more crimes identi7 fied by the Secretary of Home8 land Security by regulation, or of 

9 one or more attempts or conspir10 acies to commit any such aggra11 vated felonies or such identified 

12 crimes, if the aggregate term of 

13 imprisonment for such attempts 

14 or conspiracies is at least 5 

15 years; or (BB) the alien has com16 mitted one or more crimes of vio17 lence (as defined in section 16 of 

18 title 18, United States Code, but 

19 not including a purely political 

20 offense) and, because of a mental 

21 condition or personality disorder 

22 and behavior associated with that 

23 condition or disorder, the alien is 

24 likely to engage in acts of vio25 lence in the future; or 


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1 ‘‘(III) pending a certification 

2 under subclause (II), so long as the 

3 Secretary of Homeland Security has 

4 initiated the administrative review 

5 process not later than 30 days after 

6 the expiration of the removal period 

7 (including any extension of the re8 moval period, as provided in para9 graph (1)(C)). 

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

11 An alien whose detention is extended under 

12 this subparagraph shall have no right to 

13 seek release on bond, including by reason 

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

15 ‘‘(C) RENEWAL AND DELEGATION OF CER16 TIFICATION.— 

17 ‘‘(i) RENEWAL.—The Secretary of 

18 Homeland Security may renew a certifi19 cation under subparagraph (B)(ii)(II) 

20 every 6 months, after providing an oppor21 tunity for the alien to request reconsider22 ation of the certification and to submit 

23 documents or other evidence in support of 

24 that request. If the Secretary does not 

25 renew a certification, the Secretary may 


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1 not continue to detain the alien under sub2 paragraph (B)(ii)(II). 

3 ‘‘(ii) DELEGATION.—Notwithstanding 

4 section 103, the Secretary of Homeland 

5 Security may not delegate the authority to 

6 make or renew a certification described in 

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

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

9 Secretary for Immigration and Customs 

10 Enforcement. 

11 ‘‘(iii) HEARING.—The Secretary of 

12 Homeland Security may request that the 

13 Attorney General or the Attorney General’s 

14 designee provide for a hearing to make the 

15 determination described in item (dd)(BB) 

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

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

18 determined that an alien should be released 

19 from detention by a Federal court, the Board of 

20 Immigration Appeals, or if an immigration 

21 judge orders a stay of removal, the Secretary of 

22 Homeland Security, in the exercise of the Sec23 retary’s discretion, may impose conditions on 

24 release as provided in paragraph (3). 


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

2 Homeland Security, in the exercise of the Sec3 retary’s discretion, without any limitations 

4 other than those specified in this section, may 

5 again detain any alien subject to a final re6 moval order who is released from custody, if re7 moval becomes likely in the reasonably foresee8 able future, the alien fails to comply with the 

9 conditions of release, or to continue to satisfy 

10 the conditions described in subparagraph (A), 

11 or if, upon reconsideration, the Secretary, in 

12 the Secretary’s sole discretion, determines that 

13 the alien can be detained under subparagraph 

14 (B). This section shall apply to any alien re15 turned to custody pursuant to this subpara16 graph, as if the removal period terminated on 

17 the day of the redetention. 

18 ‘‘(F) REVIEW OF DETERMINATIONS BY

19 SECRETARY.—A determination by the Secretary 

20 under this paragraph shall not be subject to re21 view by any other agency.’’. 

22 (b) DETENTION OF ALIENS DURING REMOVAL PRO23 CEEDINGS.— 

24 (1) CLERICAL AMENDMENT.—(A) Section 236 

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


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1 1226) is amended by striking ‘‘Attorney General’’ 

2 each place it appears (except in the second place 

3 that term appears in section 236(a)) and inserting 

4 ‘‘Secretary of Homeland Security’’. 

5 (B) Section 236(a) of such Act (8 U.S.C. 

6 1226(a)) is amended by inserting ‘‘the Secretary of 

7 Homeland Security or’’ before ‘‘the Attorney Gen8 eral—’’. 

9 (C) Section 236(e) of such Act (8 U.S.C. 

10 1226(e)) is amended by striking ‘‘Attorney Gen11 eral’s’’ and inserting ‘‘Secretary of Homeland Secu12 rity’s’’. 

13 (2) LENGTH OF DETENTION.—Section 236 of 

14 such Act (8 U.S.C. 1226) is amended by adding at 

15 the end the following: 

16 ‘‘(f) LENGTH OF DETENTION.— 

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

18 provision of this section, an alien may be detained 

19 under this section for any period, without limitation, 

20 except as provided in subsection (h), until the alien 

21 is subject to a final order of removal. 

22 ‘‘(2) CONSTRUCTION.—The length of detention 

23 under this section shall not affect detention under 

24 section 241.’’. 


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1 (3) DETENTION OF CRIMINAL ALIENS.—Section 

2 236(c)(1) of the Immigration and Nationality Act (8 

3 U.S.C. 1226(c)(1)) is amended, in the matter fol4 lowing subparagraph (D) to read as follows: 

5 ‘‘any time after the alien is released, without regard 

6 to whether an alien is released related to any activ7 ity, offense, or conviction described in this para8 graph; to whether the alien is released on parole, su9 pervised release, or probation; or to whether the 

10 alien may be arrested or imprisoned again for the 

11 same offense. If the activity described in this para12 graph does not result in the alien being taken into 

13 custody by any person other than the Secretary, 

14 then when the alien is brought to the attention of 

15 the Secretary or when the Secretary determines it is 

16 practical to take such alien into custody, the Sec17 retary shall take such alien into custody.’’. 

18 (4) ADMINISTRATIVE REVIEW.—Section 236 of 

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

20 1226), as amended by paragraph (2), is further 

21 amended by adding at the end the following: 

22 ‘‘(g) ADMINISTRATIVE REVIEW.— 

23 ‘‘(1) IN GENERAL.—The Attorney General’s re24 view of the Secretary’s custody determinations under 

25 subsection (a) for the following classes of aliens shall 


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1 be limited to whether the alien may be detained, re2 leased on bond (of at least $1,500 with security ap3 proved by the Secretary), or released with no bond: 

4 ‘‘(A) Aliens in exclusion proceedings. 

5 ‘‘(B) Aliens described in section 212(a)(3) 

6 or 237(a)(4). 

7 ‘‘(C) Aliens described in subsection (c). 

8 ‘‘(2) SPECIAL RULE.—The Attorney General’s 

9 review of the Secretary’s custody determinations 

10 under subsection (a) for aliens in deportation pro11 ceedings subject to section 242(a)(2) of the Act (as 

12 in effect prior to April 1, 1997, and as amended by 

13 section 440(c) of Public Law 104–132) shall be lim14 ited to a determination of whether the alien is prop15 erly included in such category. 

16 ‘‘(h) RELEASE ON BOND.— 

17 ‘‘(1) IN GENERAL.—An alien detained under 

18 subsection (a) may seek release on bond. No bond 

19 may be granted except to an alien who establishes 

20 by clear and convincing evidence that the alien is not 

21 a flight risk or a risk to another person or the com22 munity. 

23 ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien 

24 detained under subsection (c) may seek release on 

25 bond.’’. 


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1 (5) CLERICAL AMENDMENTS.—(A) Section 

2 236(a)(2)(B) of the Immigration and Nationality 

3 Act (8 U.S.C. 1226(a)(2)(B)) is amended by strik4 ing ‘‘conditional parole’’ and inserting ‘‘recog5 nizance’’. 

6 (B) Section 236(b) of such Act (8 U.S.C. 

7 1226(b)) is amended by striking ‘‘parole’’ and in8 serting ‘‘recognizance’’. 

9 (c) SEVERABILITY.—If any of the provisions of this 

10 section or any amendment by this section, or the applica11 tion of any such provision to any person or circumstance, 

12 is held to be invalid for any reason, the remainder of this 

13 section and of amendments made by this section, and the 

14 application of the provisions and of the amendments made 

15 by this section to any other person or circumstance shall 

16 not be affected by such holding. 

17 (d) EFFECTIVE DATES.— 

18 (1) The amendments made by subsection (a) 

19 shall take effect upon the date of enactment of this 

20 Act, and section 241 of the Immigration and Na21 tionality Act, as so amended, shall in addition apply 

22 to— 

23 (A) all aliens subject to a final administra24 tive removal, deportation, or exclusion order 


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1 that was issued before, on, or after the date of 

2 the enactment of this Act; and 

3 (B) acts and conditions occurring or exist4 ing before, on, or after such date. 

5 (2) The amendments made by subsection (b) 

6 shall take effect upon the date of the enactment of 

7 this Act, and section 236 of the Immigration and 

8 Nationality Act, as so amended, shall in addition 

9 apply to any alien in detention under provisions of 

10 such section on or after such date. 

11 SEC. 311. GROUNDS OF INADMISSIBILITY AND DEPORT12 ABILITY FOR ALIEN GANG MEMBERS. 

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

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

15 1101(a)) is amended by adding at the end the following: 

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

17 group, club, organization, or association of 5 or more per18 sons that has as one of its primary purposes the commis19 sion of 1 or more of the following criminal offenses and 

20 the members of which engage, or have engaged within the 

21 past 5 years, in a continuing series of such offenses, or 

22 that has been designated as a criminal gang by the Sec23 retary of Homeland Security, in consultation with the At24 torney General, as meeting these criteria. The offenses de25 scribed, whether in violation of Federal or State law or 


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1 foreign law and regardless of whether the offenses oc2 curred before, on, or after the date of the enactment of 

3 this paragraph, are the following: 

4 ‘‘(i) A ‘felony drug offense’ (as defined in sec5 tion 102 of the Controlled Substances Act (21 

6 U.S.C. 802)). 

7 ‘‘(ii) An offense under section 274 (relating to 

8 bringing in and harboring certain aliens), section 

9 277 (relating to aiding or assisting certain aliens to 

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

11 importation of alien for immoral purpose). 

12 ‘‘(iii) A crime of violence (as defined in section 

13 16 of title 18, United States Code). 

14 ‘‘(iv) A crime involving obstruction of justice, 

15 tampering with or retaliating against a witness, vic16 tim, or informant, or burglary. 

17 ‘‘(v) Any conduct punishable under sections 

18 1028 and 1029 of title 18, United States Code (re19 lating to fraud and related activity in connection 

20 with identification documents or access devices), sec21 tions 1581 through 1594 of such title (relating to 

22 peonage, slavery and trafficking in persons), section 

23 1952 of such title (relating to interstate and foreign 

24 travel or transportation in aid of racketeering enter25 prises), section 1956 of such title (relating to the 


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1 laundering of monetary instruments), section 1957 

2 of such title (relating to engaging in monetary trans3 actions in property derived from specified unlawful 

4 activity), or sections 2312 through 2315 of such title 

5 (relating to interstate transportation of stolen motor 

6 vehicles or stolen property). 

7 ‘‘(vi) A conspiracy to commit an offense de8 scribed in clauses (i) through (v). 

9 ‘‘(B) Notwithstanding any other provision of law (in10 cluding any effective date), the term applies regardless of 

11 whether the conduct occurred before, on, or after the date 

12 of the enactment of this paragraph.’’. 

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

14 (8 U.S.C. 1182(a)(2)), as amended by section 302(a)(2) 

15 of this Act, is further amended by adding at the end the 

16 following: 

17 ‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL

18 GANGS.—Any alien is inadmissible who a con19 sular officer, the Secretary of Homeland Secu20 rity, or the Attorney General knows or has rea21 son to believe— 

22 ‘‘(i) to be or to have been a member 

23 of a criminal gang (as defined in section 

24 101(a)(53)); or 


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1 ‘‘(ii) to have participated in the activi2 ties of a criminal gang (as defined in sec3 tion 101(a)(53)), knowing or having reason 

4 to know that such activities will promote, 

5 further, aid, or support the illegal activity 

6 of the criminal gang.’’. 

7 (c) DEPORTABILITY.—Section 237(a)(2) of the Im8 migration and Nationality Act (8 U.S.C. 1227(a)(2)), as 

9 amended by section 302(c) of this Act, is further amended 

10 by adding at the end the following: 

11 ‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL

12 GANGS.—Any alien is deportable who the Sec13 retary of Homeland Security or the Attorney 

14 General knows or has reason to believe— 

15 ‘‘(i) is or has been a member of a 

16 criminal gang (as defined in section 

17 101(a)(53)); or 

18 ‘‘(ii) has participated in the activities 

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

20 or having reason to know that such activi21 ties will promote, further, aid, or support 

22 the illegal activity of the criminal gang.’’. 

23 (d) DESIGNATION.— 

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

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


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1 amended by inserting after section 219 the fol2 lowing: 

3 ‘‘DESIGNATION

4 ‘‘SEC. 220. (a) IN GENERAL.—The Secretary of 

5 Homeland Security, in consultation with the Attorney 

6 General, and the Secretary of State may designate a 

7 groups or association as a criminal street gangs if their 

8 conduct is described in section 101(a)(53) or if the group 

9 or association conduct poses a significant risk that threat10 ens the security and the public safety of United States 

11 nationals or the national security, homeland security, for12 eign policy, or economy of the United States. 

13 ‘‘(b) EFFECTIVE DATE.—Designations under sub14 section (a) shall remain in effect until the designation is 

15 revoked after consultation between the Secretary of Home16 land Security, the Attorney General, and the Secretary of 

17 State or is terminated in accordance with Federal law.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents for such Act is amended by inserting after the 

20 item relating to section 219 the following: 

‘‘220. Designation.’’. 

21 (e) MANDATORY DETENTION OF CRIMINAL STREET

22 GANG MEMBERS.— 

23 (1) IN GENERAL.—Section 236(c)(1)(D) of the 

24 Immigration and Nationality Act (8 U.S.C. 

25 1226(c)(1)(D)) is amended— 


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1 (A) by inserting ‘‘or 212(a)(2)(N)’’ after 

2 ‘‘212(a)(3)(B)’’; and 

3 (B) by inserting ‘‘or 237(a)(2)(H)’’ before 

4 ‘‘237(a)(4)(B)’’. 

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

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

7 enactment of this Act), the Secretary of Homeland 

8 Security, after consultation with the appropriate 

9 Federal agencies, shall submit a report to the Com10 mittees on the Judiciary of the House of Represent11 atives and of the Senate on the number of aliens de12 tained under the amendments made by paragraph 

13 (1). 

14 (f) ASYLUM CLAIMS BASED ON GANG AFFILI15 ATION.— 

16 (1) INAPPLICABILITY OF RESTRICTION ON RE17 MOVAL TO CERTAIN COUNTRIES.—Section 

18 241(b)(3)(B) of the Immigration and Nationality 

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

20 matter preceding clause (i), by inserting ‘‘who is de21 scribed in section 212(a)(2)(N)(i) or section 

22 237(a)(2)(H)(i) or who is’’ after ‘‘to an alien’’. 

23 (2) INELIGIBILITY FOR ASYLUM.—Section 

24 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 

25 is amended— 


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

2 end; 

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

4 (vii); and 

5 (C) by inserting after clause (v) the fol6 lowing: 

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

8 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) 

9 (relating to participation in criminal street 

10 gangs); or’’. 

11 (g) TEMPORARY PROTECTED STATUS.—Section 244 

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

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

14 it appears and inserting ‘‘Secretary of Homeland Se15 curity’’; 

16 (2) in subparagraph (c)(2)(B), by adding at the 

17 end the following: 

18 ‘‘(iii) the alien is, or at any time after 

19 admission has been, a member of a crimi20 nal gang (as defined in section 

21 101(a)(53)).’’; and 

22 (3) in subsection (d)—— 

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

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

25 the following: ‘‘The Secretary of Homeland SeVerDate Mar 15 2010 23:35 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H2278.IH H2278

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1 curity may detain an alien provided temporary 

2 protected status under this section whenever 

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

4 (h) EFFECTIVE DATE.—The amendments made by 

5 this section 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. 312. EXTENSION OF IDENTITY THEFT OFFENSES. 

9 (a) FRAUD AND RELATED ACTIVITIES RELATING TO

10 IDENTIFICATION DOCUMENTS.—Section 1028 of title 18, 

11 United States Code, is amended in subsection (a)(7), by 

12 striking ‘‘of another person’’ and inserting ‘‘that is not 

13 his or her own’’. 

14 (b) AGGRAVATED IDENTITY THEFT.—Section 

15 1028A(a) of title 18, United States Code, is amended by 

16 striking ‘‘of another person’’ both places it appears and 

17 inserting ‘‘that is not his or her own’’. 

18 SEC. 313. LAUNDERING OF MONETARY INSTRUMENTS. 

19 (a) ADDITIONAL PREDICATE OFFENSES.—Section 

20 1956(c)(7)(D) of title 18, United States Code, is amend21 ed— 

22 (1) by inserting ‘‘section 1590 (relating to traf23 ficking with respect to peonage, slavery, involuntary 

24 servitude, or forced labor),’’ after ‘‘section 1363 (reVerDate Mar 15 2010 23:35 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H2278.IH H2278

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1 lating to destruction of property within the special 

2 maritime and territorial jurisdiction),’’; and 

3 (2) by inserting ‘‘section 274(a) of the Immi4 gration and Nationality Act (8 U.S.C.1324(a)) (re5 lating to bringing in and harboring certain aliens),’’ 

6 after ‘‘section 590 of the Tariff Act of 1930 (19 

7 U.S.C. 1590) (relating to aviation smuggling),’’. 

8 (b) INTENT TO CONCEAL OR DISGUISE.—Section 

9 1956(a) of title 18, United States Code, is amended— 

10 (1) in paragraph (1) so that subparagraph (B) 

11 reads as follows: 

12 ‘‘(B) knowing that the transaction— 

13 ‘‘(i) conceals or disguises, or is in14 tended to conceal or disguise, the nature, 

15 source, location, ownership, or control of 

16 the proceeds of some form of unlawful ac17 tivity; or 

18 ‘‘(ii) avoids, or is intended to avoid, a 

19 transaction reporting requirement under 

20 State or Federal law,’’; and 

21 (2) in paragraph (2) so that subparagraph (B) 

22 reads as follows: 

23 ‘‘(B) knowing that the monetary instru24 ment or funds involved in the transportation, 

25 transmission, or transfer represent the proceeds 


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1 of some form of unlawful activity, and knowing 

2 that such transportation, transmission, or 

3 transfer— 

4 ‘‘(i) conceals or disguises, or is in5 tended to conceal or disguise, the nature, 

6 source, location, ownership, or control of 

7 the proceeds of some form of unlawful ac8 tivity; or 

9 ‘‘(ii) avoids, or is intended to avoid, a 

10 transaction reporting requirement under 

11 State or Federal law,’’. 

12 SEC. 314. INCREASED CRIMINAL PENALTIES RELATING TO 

13 ALIEN SMUGGLING AND RELATED OFFENSES. 

14 (a) IN GENERAL.—Section 274 of the Immigration 

15 and Nationality Act (8 U.S.C. 1324), is amended to read 

16 as follows: 

17 ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OFFENSES. 

18 ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— 

19 ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro20 vided in paragraph (3), a person shall be punished 

21 as provided under paragraph (2), if the person— 

22 ‘‘(A) facilitates, encourages, directs, or in23 duces a person to come to or enter the United 

24 States, or to cross the border to the United 

25 States, knowing or in reckless disregard of the 


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1 fact that such person is an alien who lacks law2 ful authority to come to, enter, or cross the bor3 der to the United States; 

4 ‘‘(B) facilitates, encourages, directs, or in5 duces a person to come to or enter the United 

6 States, or to cross the border to the United 

7 States, at a place other than a designated port 

8 of entry or place other than as designated by 

9 the Secretary of Homeland Security, knowing 

10 or in reckless disregard of the fact that such 

11 person is an alien and regardless of whether 

12 such alien has official permission or lawful au13 thority to be in the United States; 

14 ‘‘(C) transports, moves, harbors, conceals, 

15 or shields from detection a person outside of 

16 the United States knowing or in reckless dis17 regard of the fact that such person is an alien 

18 in unlawful transit from one country to another 

19 or on the high seas, under circumstances in 

20 which the alien is seeking to enter the United 

21 States without official permission or lawful au22 thority; 

23 ‘‘(D) encourages or induces a person to re24 side in the United States, knowing or in reck25 less disregard of the fact that such person is an 


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1 alien who lacks lawful authority to reside in the 

2 United States; 

3 ‘‘(E) transports or moves a person in the 

4 United States, knowing or in reckless disregard 

5 of the fact that such person is an alien who 

6 lacks lawful authority to enter or be in the 

7 United States, if the transportation or move8 ment will further the alien’s illegal entry into or 

9 illegal presence in the United States; 

10 ‘‘(F) harbors, conceals, or shields from de11 tection a person in the United States, knowing 

12 or in reckless disregard of the fact that such 

13 person is an alien who lacks lawful authority to 

14 be in the United States; or 

15 ‘‘(G) conspires or attempts to commit any 

16 of the acts described in subparagraphs (A) 

17 through (F). 

18 ‘‘(2) CRIMINAL PENALTIES.—A person who vio19 lates any provision under paragraph (1) shall, for 

20 each alien in respect to whom a violation of para21 graph (1) occurs— 

22 ‘‘(A) except as provided in subparagraphs 

23 (C) through (G), if the violation was not com24 mitted for commercial advantage, profit, or pri25 vate financial gain, be fined under title 18, 


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1 United States Code, imprisoned for not more 

2 than 5 years, or both; 

3 ‘‘(B) except as provided in subparagraphs 

4 (C) through (G), if the violation was committed 

5 for commercial advantage, profit, or private fi6 nancial gain— 

7 ‘‘(i) be fined under such title, impris8 oned for not more than 20 years, or both, 

9 if the violation is the offender’s first viola10 tion under this subparagraph; or 

11 ‘‘(ii) be fined under such title, impris12 oned for not less than 3 years or more 

13 than 20 years, or both, if the violation is 

14 the offender’s second or subsequent viola15 tion of this subparagraph; 

16 ‘‘(C) if the violation furthered or aided the 

17 commission of any other offense against the 

18 United States or any State that is punishable 

19 by imprisonment for more than 1 year, be fined 

20 under such title, imprisoned for not less than 5 

21 years or more than 20 years, or both; 

22 ‘‘(D) be fined under such title, imprisoned 

23 not less than 5 years or more than 20 years, or 

24 both, if the violation created a substantial and 

25 foreseeable risk of death, a substantial and 


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1 foreseeable risk of serious bodily injury (as de2 fined in section 2119(2) of title 18, United 

3 States Code), or inhumane conditions to an4 other person, including— 

5 ‘‘(i) transporting the person in an en6 gine compartment, storage compartment, 

7 or other confined space; 

8 ‘‘(ii) transporting the person at an ex9 cessive speed or in excess of the rated ca10 pacity of the means of transportation; or 

11 ‘‘(iii) transporting the person in, har12 boring the person in, or otherwise sub13 jecting the person to crowded or dangerous 

14 conditions; 

15 ‘‘(E) if the violation caused serious bodily 

16 injury (as defined in section 2119(2) of title 18, 

17 United States Code) to any person, be fined 

18 under such title, imprisoned for not less than 7 

19 years or more than 30 years, or both; 

20 ‘‘(F) be fined under such title and impris21 oned for not less than 10 years or more than 

22 30 years if the violation involved an alien who 

23 the offender knew or had reason to believe 

24 was— 


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1 ‘‘(i) engaged in terrorist activity (as 

2 defined in section 212(a)(3)(B)); or 

3 ‘‘(ii) intending to engage in terrorist 

4 activity; 

5 ‘‘(G) if the violation caused or resulted in 

6 the death of any person, be punished by death 

7 or imprisoned for a term of years not less than 

8 10 years and up to life, and fined under title 

9 18, United States Code. 

10 ‘‘(3) LIMITATION.—It is not a violation of sub11 paragraph (D), (E), or (F) of paragraph (1) for a 

12 religious denomination having a bona fide nonprofit, 

13 religious organization in the United States, or the 

14 agents or officers of such denomination or organiza15 tion, to encourage, invite, call, allow, or enable an 

16 alien who is present in the United States to perform 

17 the vocation of a minister or missionary for the de18 nomination or organization in the United States as 

19 a volunteer who is not compensated as an employee, 

20 notwithstanding the provision of room, board, travel, 

21 medical assistance, and other basic living expenses, 

22 provided the minister or missionary has been a 

23 member of the denomination for at least 1 year. 


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1 ‘‘(4) EXTRATERRITORIAL JURISDICTION.— 

2 There is extraterritorial Federal jurisdiction over the 

3 offenses 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 

7 a 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 

12 by the provisions of chapter 46 of title 18, United 

13 States Code, relating to civil forfeitures, except that 

14 such duties as are imposed upon the Secretary of 

15 the Treasury under the customs laws described in 

16 section 981(d) shall be performed by such officers, 

17 agents, and other persons as may be designated for 

18 that purpose 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 

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1 mained in, or been present in the United States in 

2 violation of 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 ad6 judicator (including an immigration judge or 

7 immigration officer) during any judicial or ad8 ministrative proceeding authorized under Fed9 eral 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 

13 alien’s 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 enforce24 ment of Federal criminal laws. 


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1 ‘‘(d) ADMISSIBILITY OF VIDEOTAPED WITNESS TES2 TIMONY.—Notwithstanding any provision of the Federal 

3 Rules of Evidence, the videotaped or otherwise audio4 visually preserved deposition of a witness to a violation 

5 of subsection (a) who has been deported or otherwise ex6 pelled from the United States, or is otherwise unavailable 

7 to testify, may be admitted into evidence in an action 

8 brought for that violation if: 

9 ‘‘(1) the witness was available for cross exam10 ination at the deposition by the party, if any, oppos11 ing 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 

20 authority’ means permission, authorization, or li21 cense that is expressly provided for in the immigra22 tion laws of the United States or accompanying reg23 ulations. The term does not include any such au24 thority secured by fraud or otherwise obtained in 

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1 proved. No alien shall be deemed to have lawful au2 thority to come to, enter, reside in, remain in, or be 

3 in the United States if such coming to, entry, resi4 dence, remaining, or presence was, is, or would be 

5 in violation of law. 

6 ‘‘(3) PROCEEDS.—The term ‘proceeds’ includes 

7 any property or interest in property obtained or re8 tained as a consequence of an act or omission in vio9 lation of this section. 

10 ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlawful 

11 transit’ means travel, movement, or temporary pres12 ence that violates the laws of any country in which 

13 the alien is present or any country from which or to 

14 which the alien is traveling or moving.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 for the Immigration and Nationality Act is amended by 

17 striking the item relating to section 274 and inserting the 

18 following: 

‘‘Sec. 274. Alien smuggling and related offenses.’’. 

19 (c) PROHIBITING CARRYING OR USING A FIREARM

20 DURING AND IN RELATION TO AN ALIEN SMUGGLING

21 CRIME.—Section 924(c) of title 18, United States Code, 

22 is amended— 

23 (1) in paragraph (1)— 

24 (A) in subparagraph (A)—— 


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1 (i) by inserting ‘‘, alien smuggling 

2 crime,’’ after ‘‘any crime of violence’’; and 

3 (ii) by inserting ‘‘, alien smuggling 

4 crime,’’ after ‘‘such crime of violence’’; and 

5 (B) in subparagraph (D)(ii), by inserting 

6 ‘‘, alien smuggling crime,’’ after ‘‘crime of vio7 lence’’; and 

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

9 ‘‘(6) For purposes of this subsection, the term 

10 ‘alien smuggling crime’ means any felony punishable 

11 under section 274(a), 277, or 278 of the Immigra12 tion and Nationality Act (8 U.S.C. 1324(a), 1327, 

13 and 1328).’’. 

14 SEC. 315. PENALTIES FOR ILLEGAL ENTRY. 

15 (a) IN GENERAL.—Section 275 of the Immigration 

16 and Nationality Act (8 U.S.C. 1325) is amended to read 

17 as follows: 

18 ‘‘ILLEGAL ENTRY

19 ‘‘SEC. 275. (a) IN GENERAL.— 

20 ‘‘(1) ILLEGAL ENTRY.—An alien shall be sub21 ject to the penalties set forth in paragraph (2) if the 

22 alien: 

23 ‘‘(A) knowingly enters or crosses the bor24 der into the United States at any time or place 

25 other than as designated by the Secretary of 

26 Homeland Security; 


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1 ‘‘(B) knowingly eludes, at any time or 

2 place, examination or inspection by an author3 ized immigration, customs, or agriculture offi4 cer (including by failing to stop at the com5 mand of such officer); 

6 ‘‘(C) knowingly enters or crosses the bor7 der to the United States and, upon examination 

8 or inspection, knowingly makes a false or mis9 leading representation or the knowing conceal10 ment of a material fact (including such rep11 resentation or concealment in the context of ar12 rival, reporting, entry, or clearance require13 ments of the customs laws, immigration laws, 

14 agriculture laws, or shipping laws); or 

15 ‘‘(D) knowingly violates for a period of 90 

16 days or more the terms or conditions of the 

17 alien’s admission or parole into the United 

18 States. 

19 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

20 violates 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; 

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1 ture, be fined under such title, imprisoned not 

2 more than 2 years, or both; 

3 ‘‘(C) if the violation occurred after the 

4 alien had been convicted of 3 or more mis5 demeanors or for a felony, shall be fined under 

6 such title, imprisoned not more than 10 years, 

7 or both; 

8 ‘‘(D) if the violation occurred after the 

9 alien had been convicted of a felony for which 

10 the alien received a term of imprisonment of 

11 not less than 30 months, shall be fined under 

12 such title, imprisoned not more than 15 years, 

13 or both; and 

14 ‘‘(E) if the violation occurred after the 

15 alien had been convicted of a felony for which 

16 the alien received a term of imprisonment of 

17 not less than 60 months, such alien shall be 

18 fined under such title, imprisoned not more 

19 than 20 years, or both. 

20 ‘‘(3) PRIOR CONVICTIONS.—The prior convic21 tions described in subparagraphs (C) through (E) of 

22 paragraph (2) are elements of the offenses described 

23 and the penalties in such subparagraphs shall apply 

24 only in cases in which the conviction or convictions 

25 that 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 

6 under this subsection continues until the alien is dis7 covered within the United States by an immigration, 

8 customs, or agriculture officer. 

9 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

10 any offense under this section shall be punished in 

11 the same manner as for a completion of such of12 fense. 

13 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN14 ALTIES.— 

15 ‘‘(1) IN GENERAL.—Any alien who is appre16 hended while entering, attempting to enter, or know17 ingly crossing or attempting to cross the border to 

18 the United States at a time or place other than as 

19 designated by immigration officers shall be subject 

20 to a civil penalty, in addition to any criminal or 

21 other civil penalties that may be imposed under any 

22 other provision of law, in an amount equal to— 

23 ‘‘(A) not less than $50 or more than $250 

24 for each such entry, crossing, attempted entry, 

25 or attempted crossing; or 


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1 ‘‘(B) twice the amount specified in para2 graph (1) if the alien had previously been sub3 ject to a civil penalty under this subsection.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 for the Immigration and Nationality Act is amended by 

6 striking the item relating to section 275 and inserting the 

7 following: 

‘‘275. Illegal entry.’’. 

8 SEC. 316. ILLEGAL REENTRY. 

9 Section 276 of the Immigration and Nationality Act 

10 (8 U.S.C. 1326) is amended to read as follows: 

11 ‘‘REENTRY OF REMOVED ALIEN

12 ‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.—Any 

13 alien who has been denied admission, excluded, deported, 

14 or removed, or who has departed the United States while 

15 an order of exclusion, deportation, or removal is out16 standing, and subsequently enters, attempts to enter, 

17 crosses the border to, attempts to cross the border to, or 

18 is at any time found in the United States, shall be fined 

19 under title 18, United States Code, imprisoned not more 

20 than 2 years, or both. 

21 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not22 withstanding the penalty provided in subsection (a), if an 

23 alien described in that subsection was convicted before 

24 such removal or departure: 


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1 ‘‘(1) for 3 or more misdemeanors or for a fel2 ony, the alien shall be fined under title 18, United 

3 States Code, imprisoned not more than 10 years, or 

4 both; 

5 ‘‘(2) for a felony for which the alien was sen6 tenced to a term of imprisonment of not less than 

7 30 months, the alien shall be fined under such title, 

8 imprisoned not less than 2 years and not more than 

9 15 years, or both; 

10 ‘‘(3) for a felony for which the alien was sen11 tenced to a term of imprisonment of not less than 

12 60 months, the alien shall be fined under such title, 

13 imprisoned not less than 4 years and not more than 

14 20 years, or both; 

15 ‘‘(4) for murder, rape, kidnapping, or a felony 

16 offense described in chapter 77 (relating to peonage 

17 and slavery) or 113B (relating to terrorism) of such 

18 title, or for 3 or more felonies of any kind, the alien 

19 shall be fined under such title, imprisoned not less 

20 than 5 years and not more than 25 years, or both. 

21 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

22 alien who has been denied admission, excluded, deported, 

23 or removed 3 or more times and thereafter enters, at24 tempts to enter, crosses the border to, attempts to cross 

25 the border to, or is at any time found in the United States, 


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1 shall be fined under title 18, United States Code, impris2 oned not more than 10 years, or both. 

3 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

4 convictions described in subsection (b) are elements of the 

5 crimes described, and the penalties in that subsection shall 

6 apply only in cases in which the conviction or convictions 

7 that form the basis for the additional penalty are— 

8 ‘‘(1) alleged in the indictment or information; 

9 and 

10 ‘‘(2) proven beyond a reasonable doubt at trial 

11 or admitted by the defendant. 

12 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af13 firmative defense to a violation of this section that— 

14 ‘‘(1) prior to the alleged violation, the alien had 

15 sought and received the express consent of the Sec16 retary of Homeland Security to reapply for admis17 sion into the United States; or 

18 ‘‘(2) with respect to an alien previously denied 

19 admission and removed, the alien— 

20 ‘‘(A) was not required to obtain such ad21 vance consent under the Immigration and Na22 tionality Act or any prior Act; and 

23 ‘‘(B) had complied with all other laws and 

24 regulations governing the alien’s admission into 

25 the United States. 


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1 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN2 DERLYING REMOVAL ORDER.—In a criminal proceeding 

3 under this section, an alien may not challenge the validity 

4 of any prior removal order concerning the alien. 

5 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM6 PLETION OF TERM OF IMPRISONMENT.—Any alien re7 moved pursuant to section 241(a)(4) who enters, attempts 

8 to enter, crosses the border to, attempts to cross the bor9 der to, or is at any time found in, the United States shall 

10 be incarcerated for the remainder of the sentence of im11 prisonment which was pending at the time of deportation 

12 without any reduction for parole or supervised release un13 less the alien affirmatively demonstrates that the Sec14 retary of Homeland Security has expressly consented to 

15 the alien’s reentry. Such alien shall be subject to such 

16 other penalties relating to the reentry of removed aliens 

17 as may be available under this section or any other provi18 sion of law. 

19 ‘‘(h) DEFINITIONS.—For purposes of this section and 

20 section 275, the following definitions shall apply: 

21 ‘‘(1) CROSSES THE BORDER TO THE UNITED

22 STATES.—The term ‘crosses the border’ refers to the 

23 physical act of crossing the border, regardless of 

24 whether the alien is free from official restraint. 


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1 ‘‘(2) FELONY.—The term ‘felony’ means any 

2 criminal offense punishable by a term of imprison3 ment of more than 1 year under the laws of the 

4 United States, any State, or a foreign government. 

5 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

6 means any criminal offense punishable by a term of 

7 imprisonment of not more than 1 year under the ap8 plicable laws of the United States, any State, or a 

9 foreign government. 

10 ‘‘(4) REMOVAL.—The term ‘removal’ includes 

11 any denial of admission, exclusion, deportation, or 

12 removal, or any agreement by which an alien stipu13 lates or agrees to exclusion, deportation, or removal. 

14 ‘‘(5) STATE.—The term ‘State’ means a State 

15 of the United States, the District of Columbia, and 

16 any commonwealth, territory, or possession of the 

17 United States.’’. 

18 SEC. 317. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

19 FRAUD OFFENSES. 

20 Chapter 75 of title 18, United States Code, is amend21 ed to read as follows: 

22 ‘‘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. 


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‘‘1547. Attempts and conspiracies. 

‘‘1548. Alternative penalties for certain offenses. 

‘‘1549. Definitions. 

1 ‘‘§ 1541. Issuance without authority 

2 ‘‘(a) IN GENERAL.—Whoever— 

3 ‘‘(1) acting or claiming to act in any office or 

4 capacity under the United States, or a State, with5 out lawful authority grants, issues, or verifies any 

6 passport or other instrument in the nature of a 

7 passport to or for any person; or 

8 ‘‘(2) being a consular officer authorized to 

9 grant, issue, or verify passports, knowingly grants, 

10 issues, or verifies any such passport to or for any 

11 person not owing allegiance, to the United States, 

12 whether a citizen or not; 

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

14 15 years, or both. 

15 ‘‘(b) DEFINITION.—In this section, the term ‘State’ 

16 means a State of the United States, the District of Colum17 bia, and any commonwealth, territory, or possession of the 

18 United States. 

19 ‘‘§ 1542. False statement in application and use of 

20 passport 

21 ‘‘Whoever knowingly— 

22 ‘‘(1) makes any false statement in an applica23 tion for passport with intent to induce or secure the 

24 issuance of a passport under the authority of the 


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1 United States, either for his own use or the use of 

2 another, contrary to the laws regulating the issuance 

3 of passports or the rules prescribed pursuant to such 

4 laws; or 

5 ‘‘(2) uses or attempts to use, or furnishes to 

6 another for use any passport the issue of which was 

7 secured in any way by reason of any false statement; 

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

9 15 years, or both. 

10 ‘‘§ 1543. Forgery or false use of passport 

11 ‘‘Whoever— 

12 ‘‘(1) falsely makes, forges, counterfeits, muti13 lates, or alters any passport or instrument pur14 porting to be a passport, with intent that the same 

15 may be used; or 

16 ‘‘(2) knowingly uses, or attempts to use, or fur17 nishes to another for use any such false, forged, 

18 counterfeited, mutilated, or altered passport or in19 strument purporting to be a passport, or any pass20 port validly issued which has become void by the oc21 currence of any condition therein prescribed invali22 dating the same; 

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

24 15 years, or both. 


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1 ‘‘§ 1544. Misuse of a passport 

2 ‘‘Whoever knowingly— 

3 ‘‘(1) uses any passport issued or designed for 

4 the use of another; 

5 ‘‘(2) uses any passport in violation of the condi6 tions or restrictions therein contained, or in violation 

7 of the laws, regulations, or rules governing the 

8 issuance and use of the passport; 

9 ‘‘(3) secures, possesses, uses, receives, buys, 

10 sells, or distributes any passport knowing it to be 

11 forged, counterfeited, altered, falsely made, procured 

12 by fraud, stolen, or produced or issued without law13 ful authority; or 

14 ‘‘(4) violates the terms and conditions of any 

15 safe conduct duly obtained and issued under the au16 thority of the United States; 

17 shall be fined under this title, imprisoned not more than 

18 15 years, or both. 

19 ‘‘§ 1545. Schemes to defraud aliens 

20 ‘‘Whoever inside the United States, or in or affecting 

21 interstate or foreign commerce, in connection with any 

22 matter that is authorized by or arises under the immigra23 tion laws of the United States or any matter the offender 

24 claims or represents is authorized by or arises under the 

25 immigration laws of the United States, knowingly executes 

26 a scheme or artifice— 


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1 ‘‘(1) to defraud any person, or 

2 ‘‘(2) to obtain or receive money or anything else 

3 of value from any person by means of false or fraud4 ulent pretenses, representations, or promises; 

5 shall be fined under this title, imprisoned not more than 

6 15 years, or both. 

7 ‘‘§ 1546. Immigration and visa fraud 

8 ‘‘Whoever knowingly— 

9 ‘‘(1) uses any immigration document issued or 

10 designed for the use of another; 

11 ‘‘(2) forges, counterfeits, alters, or falsely 

12 makes any immigration document; 

13 ‘‘(3) mails, prepares, presents, or signs any im14 migration document knowing it to contain any mate15 rially false statement or representation; 

16 ‘‘(4) secures, possesses, uses, transfers, re17 ceives, buys, sells, or distributes any immigration 

18 document knowing it to be forged, counterfeited, al19 tered, falsely made, stolen, procured by fraud, or 

20 produced or issued without lawful authority; 

21 ‘‘(5) adopts or uses a false or fictitious name to 

22 evade or to attempt to evade the immigration laws; 

23 ‘‘(6) transfers or furnishes, without lawful au24 thority, an immigration document to another person 

25 for use by a person other than the person for whom 


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1 the immigration document was issued or designed; 

2 or 

3 ‘‘(7) produces, issues, authorizes, or verifies, 

4 without lawful authority, an immigration document; 

5 shall be fined under this title, imprisoned not more than 

6 15 years, or both. 

7 ‘‘§ 1547. Attempts and conspiracies 

8 ‘‘Whoever attempts or conspires to violate this chap9 ter shall be punished in the same manner as a person who 

10 completes that violation. 

11 ‘‘§ 1548. Alternative penalties for certain offenses 

12 ‘‘(a) TERRORISM.—Whoever violates any section in 

13 this chapter to facilitate an act of international terrorism 

14 or domestic terrorism (as such terms are defined in section 

15 2331), shall be fined under this title or imprisoned not 

16 more than 25 years, or both. 

17 ‘‘(b) DRUG TRAFFICKING OFFENSES.—Whoever vio18 lates any section in this chapter to facilitate a drug traf19 ficking crime (as defined in section 929(a)) shall be fined 

20 under this title or imprisoned not more than 20 years, or 

21 both. 

22 ‘‘§ 1549. Definitions 

23 ‘‘In this chapter: 

24 ‘‘(1) An ‘application for a United States pass25 port’ includes any document, photograph, or other 


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1 piece of evidence attached to or submitted in support 

2 of the application. 

3 ‘‘(2) The term ‘immigration document’ means 

4 any instrument on which is recorded, by means of 

5 letters, figures, or marks, matters which may be 

6 used to fulfill any requirement of the Immigration 

7 and Nationality Act.’’. 

8 SEC. 318. FORFEITURE. 

9 Section 981(a)(1) of title 18, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(I) Any property, real or personal, that has 

12 been used to commit or facilitate the commission of 

13 a violation of chapter 75, the gross proceeds of such 

14 violation, and any property traceable to any such 

15 property or proceeds.’’. 

16 SEC. 319. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 

17 ON CRIMINAL OR SECURITY GROUNDS. 

18 (a) IN GENERAL.—Section 238(b) of the Immigra19 tion and Nationality Act (8 U.S.C. 1228(b)) is amended– 

20 (1) in paragraph (1)— 

21 (A) by striking ‘‘Attorney General’’ and in22 serting ‘‘Secretary of Homeland Security in the 

23 exercise of discretion’’; and 


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1 (B) by striking ‘‘set forth in this sub2 section or’’ and inserting ‘‘set forth in this sub3 section, in lieu of removal proceedings under’’; 

4 (2) in paragraph (3), by striking ‘‘paragraph 

5 (1) until 14 calendar days’’ and inserting ‘‘para6 graph (1) or (3) until 7 calendar days’’; 

7 (3) by striking ‘‘Attorney General’’ each place 

8 it appears in paragraphs (3) and (4) and inserting 

9 ‘‘Secretary of Homeland Security’’; 

10 (4) in paragraph (5)— 

11 (A) by striking ‘‘described in this section’’ 

12 and inserting ‘‘described in paragraph (1) or 

13 (2)’’; and 

14 (B) by striking ‘‘the Attorney General may 

15 grant in the Attorney General’s discretion’’ and 

16 inserting ‘‘the Secretary of Homeland Security 

17 or the Attorney General may grant, in the dis18 cretion of the Secretary or Attorney General, in 

19 any proceeding’’; 

20 (5) by redesignating paragraphs (3), (4), and 

21 (5) as paragraphs (4), (5), and (6), respectively; and 

22 (6) by inserting after paragraph (2) the fol23 lowing new paragraph: 

24 ‘‘(3) The Secretary of Homeland Security in 

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1 sibility under section 212(a)(2) (relating to criminal 

2 offenses) and issue an order of removal pursuant to 

3 the procedures set forth in this subsection, in lieu of 

4 removal proceedings under section 240, with respect 

5 to an alien who 

6 ‘‘(A) has not been admitted or paroled; 

7 ‘‘(B) has not been found to have a credible 

8 fear of persecution pursuant to the procedures 

9 set forth in section 235(b)(1)(B); and 

10 ‘‘(C) is not eligible for a waiver of inadmis11 sibility or relief from removal.’’. 

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

13 subsection (a) shall take effect on the date of the enact14 ment of this Act but shall not apply to aliens who are 

15 in removal proceedings under section 240 of the Immigra16 tion and Nationality Act as of such date. 

17 SEC. 320. INCREASED PENALTIES BARRING THE ADMIS18 SION OF CONVICTED SEX OFFENDERS FAIL19 ING TO REGISTER AND REQUIRING DEPORTA20 TION OF SEX OFFENDERS FAILING TO REG21 ISTER. 

22 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) of 

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

24 1182(a)(2)(A)(i)), as amended by section 302(a) of this 

25 Act, is further amended— 


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1 (1) in subclause (II), by striking ‘‘or’’ at the 

2 end; 

3 (2) in subclause (III), by adding ‘‘or’’ at the 

4 end; and 

5 (3) by inserting after subclause (III) the fol6 lowing: 

7 ‘‘(IV) a violation of section 2250 

8 of title 18, United States Code (relat9 ing to failure to register as a sex of10 fender);’’. 

11 (b) DEPORTABILITY.—Section 237(a)(2) of such Act 

12 (8 U.S.C. 1227(a)(2)), as amended by sections 302(c) and 

13 311(c) of this Act, is further amended— 

14 (1) in subparagraph (A), by striking clause (v); 

15 and 

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

17 ‘‘(I) Any alien convicted of, or who admits 

18 having committed, or who admits committing 

19 acts which constitute the essential elements of 

20 a violation of section 2250 of title 18, United 

21 States Code (relating to failure to register as a 

22 sex offender) is deportable.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

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


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

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

3 SEC. 321. PROTECTING IMMIGRANTS FROM CONVICTED 

4 SEX OFFENDERS. 

5 (a) IMMIGRANTS.—Section 204(a)(1) of the Immigra6 tion and Nationality Act (8 U.S.C. 1154(a)(1)), is amend7 ed— 

8 (1) in subparagraph (A), by amending clause 

9 (viii) to read as follows: 

10 ‘‘(viii) Clause (i) shall not apply to a citizen of the 

11 United States who has been convicted of an offense de12 scribed in subparagraph (A), (I), or (K) of section 

13 101(a)(43), unless the Secretary of Homeland Security, 

14 in the Secretary’s sole and unreviewable discretion, deter15 mines that the citizen poses no risk to the alien with re16 spect to whom a petition described in clause (i) is filed.’’; 

17 and 

18 (2) in subparagraph (B)(i)— 

19 (A) by redesignating the second subclause 

20 (I) as subclause (II); and 

21 (B) by amending such subclause (II) to 

22 read as follows: 

23 ‘‘(II) Subclause (I) shall not apply in the case of an 

24 alien admitted for permanent residence who has been con25 victed of an offense described in subparagraph (A), (I), 


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1 or (K) of section 101(a)(43), unless the Secretary of 

2 Homeland Security, in the Secretary’s sole and 

3 unreviewable discretion, determines that the alien lawfully 

4 admitted for permanent residence poses no risk to the 

5 alien with respect to whom a petition described in sub6 clause (I) is filed.’’. 

7 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) of 

8 such Act (8 U.S.C. 1101(a)(15)(K)), is amended by strik9 ing ‘‘204(a)(1)(A)(viii)(I))’’ each place such term appears 

10 and inserting ‘‘204(a)(1)(A)(viii))’’. 

11 (c) EFFECTIVE DATE.—The amendments made by 

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

13 of this Act and shall apply to petitions filed on or after 

14 such date. 

15 SEC. 322. CLARIFICATION TO CRIMES OF VIOLENCE AND 

16 CRIMES INVOLVING MORAL TURPITUDE. 

17 (a) INADMISSIBLE ALIENS.—Section 212(a)(2)(A) of 

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

19 1182(a)(2)(A)) is amended by adding at the end the fol20 lowing: 

21 ‘‘(iii) CLARIFICATION.—If the convic22 tion records do not conclusively establish 

23 whether a crime constitutes a crime involv24 ing moral turpitude, the Attorney General 

25 may consider other evidence related to the 


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1 conviction that clearly establishes that the 

2 conduct for which the alien was engaged 

3 constitutes a crime involving moral turpi4 tude.’’. 

5 (b) DEPORTABLE ALIENS.— 

6 (1) GENERAL CRIMES.—Section 237(a)(2)(A) 

7 of such Act (8 U.S.C. 1227(a)(2)(A)), as amended 

8 by section 320(b) of this Act, is further amended by 

9 inserting after clause (iv) the following: 

10 ‘‘(v) CRIMES INVOLVING MORAL TUR11 PITUDE.—If the conviction records do not 

12 conclusively establish whether a crime con13 stitutes a crime involving moral turpitude, 

14 the Attorney General may consider other 

15 evidence related to the conviction that 

16 clearly establishes that the conduct for 

17 which the alien was engaged constitutes a 

18 crime involving moral turpitude.’’. 

19 (2) DOMESTIC VIOLENCE.—Section 

20 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) 

21 is amended by adding at the end the following: 

22 ‘‘(iii) CRIMES OF VIOLENCE.—If the 

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1 fined in section 16 of title 18, United 

2 States Code), the Attorney General may 

3 consider other evidence related to the con4 viction that clearly establishes that the 

5 conduct for which the alien was engaged 

6 constitutes a crime of violence.’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

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

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

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

11 SEC. 323. PENALTIES FOR FAILURE TO OBEY REMOVAL OR12 DERS. 

13 (a) IN GENERAL.—Section 243(a)(1) of the Immi14 gration and Nationality Act (8 U.S.C. 1253(a)(1)) is 

15 amended— 

16 (1) by inserting ‘‘212(a) or’’ before ‘‘237(a),’’ ; 

17 and 

18 (2) by striking paragraph (3). 

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

20 subsection (a) shall take effect on the date of the enact21 ment of this Act and shall apply to acts that are described 

22 in subparagraphs (A) through (D) of section 243(a)(1) of 

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

24 1253(a)(1)) that occur on or after the date of the enact25 ment of this Act. 


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1 SEC. 324. PARDONS. 

2 (a) DEFINITION.—Section 101(a) of the Immigration 

3 and Nationality Act (8 U.S.C. 1101(a)), as amended by 

4 section 311(a) of this Act, is further amended by adding 

5 at the end the following: 

6 ‘‘(54) The term ‘pardon’ means a full and uncondi7 tional pardon granted by the President of the United 

8 States, Governor of any of the several States or constitu9 tionally recognized body.’’. 

10 (b) DEPORTABILITY.—Section 237(a) of such Act (8 

11 U.S.C. 1227(a)) is amended— 

12 (1) in paragraph (2)(A), by striking clause (vi); 

13 and 

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

15 ‘‘(8) PARDONS.— 

16 ‘‘(A) IN GENERAL.—In the case of an alien 

17 who has been convicted of a crime and is sub18 ject to removal due to that conviction, if the 

19 alien, subsequent to receiving the criminal con20 viction, is granted a pardon, the alien shall not 

21 be deportable by reason of that criminal convic22 tion. 

23 ‘‘(B) EXCEPTION.—Subparagraph (A) 

24 shall not apply in the case of an alien granted 

25 a pardon if the pardon is granted in whole or 


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1 in part to eliminate that alien’s condition of de2 portability.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

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

5 of this Act and shall apply to a pardon granted before, 

6 on, or after such date. 

7 TITLE IV—VISA SECURITY 

8 SEC. 401. CANCELLATION OF ADDITIONAL VISAS. 

9 (a) IN GENERAL.—Section 222(g) of the Immigra10 tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 

11 (1) in paragraph (1)— 

12 (A) by striking ‘‘Attorney General’’ and in13 serting ‘‘Secretary’’; and 

14 (B) by inserting ‘‘and any other non15 immigrant visa issued by the United States that 

16 is in the possession of the alien’’ after ‘‘such 

17 visa’’; and 

18 (2) in paragraph (2)(A), by striking ‘‘(other 

19 than the visa described in paragraph (1)) issued in 

20 a consular office located in the country of the alien’s 

21 nationality’’ and inserting ‘‘(other than a visa de22 scribed in paragraph (1)) issued in a consular office 

23 located in the country of the alien’s nationality or 

24 foreign residence’’. 


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

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to a visa issued before, 

4 on, or after such date. 

5 SEC. 402. VISA INFORMATION SHARING. 

6 (a) IN GENERAL.—Section 222(f) of the Immigration 

7 and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 

8 (1) by striking ‘‘issuance or refusal’’ and insert9 ing ‘‘issuance, refusal, or revocation’’; 

10 (2) in paragraph (2), by striking ‘‘and on the 

11 basis of reciprocity’’; 

12 (3) in paragraph (2)(A)— 

13 (A) by inserting ‘‘ (i)’’ after ‘‘for the pur14 pose of’’; and 

15 (B) by striking ‘‘illicit weapons; or’’ and 

16 inserting ‘‘illicit weapons, or (ii) determining a 

17 person’s deportability or eligibility for a visa, 

18 admission, or other immigration benefit;’’; 

19 (4) in paragraph (2)(B)— 

20 (A) by striking ‘‘for the purposes’’ and in21 serting ‘‘for one of the purposes’’; and 

22 (B) by striking ‘‘or to deny visas to per23 sons who would be inadmissible to the United 

24 States’’ and inserting ‘‘; or’’; and 


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1 (5) by adding before the period at the end the 

2 following: 

3 ‘‘(C) with regard to any or all aliens in the 

4 database specified data elements from each 

5 record, if the Secretary of State determines that 

6 it is in the national interest to provide such in7 formation to a foreign government.’’. 

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

9 subsection (a) shall take effect 60 days after the date of 

10 the enactment of the Act. 

11 SEC. 403. RESTRICTING WAIVER OF VISA INTERVIEWS. 

12 Section 222(h) of the Immigration and Nationality 

13 Act (8 U.S.C. 1202(h)(1)(B)) is amended— 

14 (1) in paragraph (1)(C), by inserting ‘‘, in con15 sultation with the Secretary of Homeland Security,’’ 

16 after ‘‘if the Secretary’’; 

17 (2) in paragraph (1)(C)(i), by inserting ‘‘, 

18 where such national interest shall not include facili19 tation of travel of foreign nationals to the United 

20 States, reduction of visa application processing 

21 times, or the allocation of consular resources’’; 

22 (3) in paragraph (2)— 

23 (A) by striking ‘‘or’’ at the end of subpara24 graph (E); 


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1 (B) by striking the period at the end of 

2 subparagraph (F) and inserting ‘‘; or’’; and 

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

4 ‘‘(G) is an individual— 

5 ‘‘(i) determined to be in a class of 

6 aliens determined by the Secretary of 

7 Homeland Security to be threats to na8 tional security; 

9 ‘‘(ii) identified by the Secretary of 

10 Homeland Security as a person of concern; 

11 or 

12 ‘‘(iii) applying for a visa in a visa cat13 egory with respect to which the Secretary 

14 of Homeland Security has determined that 

15 a waiver of the visa interview would create 

16 a high risk of degradation of visa program 

17 integrity.’’. 

18 SEC. 404. AUTHORIZING THE DEPARTMENT OF STATE TO 

19 NOT INTERVIEW CERTAIN INELIGIBLE VISA 

20 APPLICANTS. 

21 (a) IN GENERAL.—Section 222(h)(1) of the Immi22 gration and Nationality Act (8 U.S.C. 1202(h)(1)) is 

23 amended by inserting ‘‘ the alien is determined by the Sec24 retary of State to be ineligible for a visa based upon review 

25 of the application or’’ after ‘‘unless’’. 


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1 (b) GUIDANCE.—Not later than 90 days after the 

2 date of the enactment of this Act, the Secretary of State 

3 shall issue guidance to consular officers on the standards 

4 and processes for implementing the authority to deny visa 

5 applications without interview in cases where the alien is 

6 determined by the Secretary of State to be ineligible for 

7 a visa based upon review of the application. 

8 (c) REPORTS.—Not less frequently than once each 

9 quarter, the Secretary of State shall submit to the Con10 gress a report on the denial of visa applications without 

11 interview, including— 

12 (1) the number of such denials; and 

13 (2) a post-by-post breakdown of such denials. 

14 SEC. 405. VISA REFUSAL AND REVOCATION. 

15 (a) AUTHORITY OF THE SECRETARY OF HOMELAND

16 SECURITY AND THE SECRETARY OF STATE.— 

17 (1) IN GENERAL.—Section 428 of the Home18 land Security Act of 2002 (6 U.S.C. 236) is amend19 ed by striking subsections (b) and (c) and inserting 

20 the following: 

21 ‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND

22 SECURITY.— 

23 ‘‘(1) IN GENERAL.—Notwithstanding section 

24 104(a) of the Immigration and Nationality Act (8 

25 U.S.C. 1104(a)) or any other provision of law, and 


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1 except as provided in subsection (c) and except for 

2 the authority of the Secretary of State under sub3 paragraphs (A) and (G) of section 101(a)(15) of the 

4 Immigration and Nationality Act (8 U.S.C. 

5 1101(a)(15)), the Secretary— 

6 ‘‘(A) shall have exclusive authority to issue 

7 regulations, establish policy, and administer and 

8 enforce the provisions of the Immigration and 

9 Nationality Act (8 U.S.C. 1101 et seq.) and all 

10 other immigration or nationality laws relating 

11 to the functions of consular officers of the 

12 United States in connection with the granting 

13 and refusal of a visa; and 

14 ‘‘(B) may refuse or revoke any visa to any 

15 alien or class of aliens if the Secretary, or des16 ignee, determines that such refusal or revoca17 tion is necessary or advisable in the security in18 terests of the United States. 

19 ‘‘(2) EFFECT OF REVOCATION.—The revocation 

20 of any visa under paragraph (1)(B)— 

21 ‘‘(A) shall take effect immediately; and 

22 ‘‘(B) shall automatically cancel any other 

23 valid visa that is in the alien’s possession. 

24 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 

25 other provision of law, including section 2241 of title 


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1 28, United States Code, or any other habeas corpus 

2 provision, and sections 1361 and 1651 of such title, 

3 no court shall have jurisdiction to review a decision 

4 by the Secretary of Homeland Security to refuse or 

5 revoke a visa, and no court shall have jurisdiction to 

6 hear any claim arising from, or any challenge to, 

7 such a refusal or revocation. 

8 ‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 

9 ‘‘(1) IN GENERAL.—The Secretary of State may 

10 direct a consular officer to refuse a visa requested 

11 by an alien if the Secretary of State determines such 

12 refusal to be necessary or advisable in the interests 

13 of the United States. 

14 ‘‘(2) LIMITATION.—No decision by the Sec15 retary of State to approve a visa may override a de16 cision by the Secretary of Homeland Security under 

17 subsection (b).’’. 

18 (2) CONFORMING AMENDMENT.—Section 

19 237(a)(1)(B) of the Immigration and Nationality 

20 Act (8 U.S.C. 1227(a)(1)(B)) is amended by strik21 ing ‘‘under section 221(i)’’. 

22 (3) EFFECTIVE DATE.—The amendment made 

23 by paragraph (1) shall take effect on the date of the 

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1 als and revocations occurring before, on, or after 

2 such date. 

3 (b) TECHNICAL CORRECTIONS TO THE HOMELAND

4 SECURITY ACT.—Section 428(a) of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 236) is amended by— 

6 (1) striking ‘‘subsection’’ and inserting ‘‘sec7 tion’’; and 

8 (2) striking ‘‘consular office’’ and inserting 

9 ‘‘consular officer’’. 

10 SEC. 406. FUNDING FOR THE VISA SECURITY PROGRAM. 

11 (a) IN GENERAL.—The Department of State and Re12 lated Agency Appropriations Act, 2005 (title IV of division 

13 B of Public Law 108–447) is amended, in the fourth para14 graph under the heading ‘‘Diplomatic and Consular Pro15 grams’’, by striking ‘‘Beginning’’ through the period at 

16 the end and inserting the following: ‘‘Beginning in fiscal 

17 year 2005 and thereafter, the Secretary of State is author18 ized to charge surcharges related to consular services in 

19 support of enhanced border security that are in addition 

20 to the immigrant visa fees in effect on January 1, 2004: 

21 Provided, That funds collected pursuant to this authority 

22 shall be credited to the appropriation for U.S. Immigra23 tion and Customs Enforcement for the fiscal year in which 

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1 tablished by the Secretary of Homeland Security under 

2 section 428(e) of the Homeland Security Act of 2002 

3 (Public Law 107–296): Provided further, That such sur4 charges shall be 10 percent of the fee assessed on immi5 grant visa applications.’’. 

6 (b) REPAYMENT OF APPROPRIATED FUNDS.—Twen7 ty percent of the funds collected each fiscal year under 

8 the heading ‘‘Diplomatic and Consular Programs’’ in the 

9 Department of State and Related Agency Appropriations 

10 Act, 2005 (title IV of division B of Public Law 108–447), 

11 as amended by subsection (a), shall be deposited into the 

12 general fund of the Treasury as repayment of funds ap13 propriated pursuant to section 407(c) of this Act until the 

14 entire appropriated sum has been repaid. 

15 SEC. 407. EXPEDITIOUS EXPANSION OF VISA SECURITY 

16 PROGRAM TO HIGH-RISK POSTS. 

17 (a) IN GENERAL.—Section 428(i) of the Homeland 

18 Security Act of 2002 (6 U.S.C. 236(i)) is amended to read 

19 as follows: 

20 ‘‘(i) VISA ISSUANCE AT DESIGNATED HIGH-RISK

21 POSTS.—Notwithstanding any other provision of law, the 

22 Secretary of Homeland Security shall conduct an on-site 

23 review of all visa applications and supporting documenta24 tion before adjudication at the top 30 visa-issuing posts 


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1 designated jointly by the Secretaries of State and Home2 land Security as high-risk posts.’’. 

3 (b) ASSIGNMENT OF PERSONNEL.—Not later than 

4 one year after the date of enactment of this section, the 

5 Secretary of Homeland Security shall assign personnel to 

6 the visa-issuing posts referenced in section 428(i) of the 

7 Homeland Security Act of 2002 (6 U.S.C. 236(i)), as 

8 amended by this section, and communicate such assign9 ments to the Secretary of State. 

10 (c) APPROPRIATIONS.—There is authorized to be ap11 propriated $60,000,000 for each of the fiscal years 2014 

12 and 2015, which shall be used to expedite the implementa13 tion of section 428(i) of the Homeland Security Act, as 

14 amended by this section. 

15 SEC. 408. EXPEDITED CLEARANCE AND PLACEMENT OF DE16 PARTMENT OF HOMELAND SECURITY PER17 SONNEL AT OVERSEAS EMBASSIES AND CON18 SULAR POSTS. 

19 Section 428 of the Homeland Security Act of 2002 

20 (6 U.S.C. 236) is amended by adding at the end the fol21 lowing: 

22 ‘‘(j) EXPEDITED CLEARANCE AND PLACEMENT OF

23 DEPARTMENT OF HOMELAND SECURITY PERSONNEL AT

24 OVERSEAS EMBASSIES AND CONSULAR POSTS.—Notwith25 standing any other provision of law, and the processes set 


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1 forth in National Security Defense Directive 38 (dated 

2 June 2, 1982) or any successor Directive, the Chief of 

3 Mission of a post to which the Secretary of Homeland Se4 curity has assigned personnel under subsection (e) or (i) 

5 shall ensure, not later than one year after the date on 

6 which the Secretary of Homeland Security communicates 

7 such assignment to the Secretary of State, that such per8 sonnel have been stationed and accommodated at post and 

9 are able to carry out their duties.’’. 

10 SEC. 409. INCREASED CRIMINAL PENALTIES FOR STUDENT 

11 VISA INTEGRITY. 

12 Section 1546 of title 18, United States Code, is 

13 amended by striking ‘‘10 years’’ and inserting ‘‘15 years 

14 (if the offense was committed by an owner, official, or em15 ployee of an educational institution with respect to such 

16 institution’s participation in the Student and exchange 

17 Visitor Program), 10 years’’. 

18 SEC. 410. ACCREDITATION REQUIREMENTS. 

19 (a) COLLEGES, UNIVERSITIES, AND LANGUAGE

20 TRAINING PROGRAMS.—Section 101(a) of the Immigra21 tion and Nationality Act (8 U.S.C. 1101(a)) is amended— 

22 (1) in paragraph (15)(F)(i)— 

23 (A) by striking ‘‘section 214(1) at an es24 tablished college, university, seminary, conserv25 atory or in an accredited language training proVerDate Mar 15 2010 23:35 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\H2278.IH H2278

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1 gram in the United States’’ and inserting ‘‘sec2 tion 214(m) at an accredited college, university, 

3 or language training program, or at an estab4 lished seminary, conservatory, academic high 

5 school, elementary school, or other academic in6 stitution in the United States’’; and 

7 (B) by striking ‘‘Attorney General’’ each 

8 place such term appears and inserting ‘‘Sec9 retary of Homeland Security’’; and 

10 (C) by amending paragraph (52) to read 

11 as follows: 

12 ‘‘(52) Except as provided in section 214(m)(4), 

13 the term ‘accredited college, university, or language 

14 training program’ means a college, university, or 

15 language training program that is accredited by an 

16 accrediting agency recognized by the Secretary of 

17 Education.’’. 

18 (b) OTHER ACADEMIC INSTITUTIONS.—Section 

19 214(m) of the Immigration and Nationality Act (8 U.S.C. 

20 1184(m)) is amended by adding at the end the following: 

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

22 require accreditation of an academic institution (ex23 cept for seminaries or other religious institutions) 

24 for purposes of section 101(a)(15)(F) if— 


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1 ‘‘(A) that institution is not already re2 quired to be accredited under section 

3 101(a)(15)(F)(i); and 

4 ‘‘(B) an appropriate accrediting agency 

5 recognized by the Secretary of Education is 

6 able to provide such accreditation. 

7 ‘‘(4) The Secretary of Homeland Security, in 

8 the Secretary’s discretion, may waive the accredita9 tion requirement in paragraph (3) or section 

10 101(a)(15)(F)(i) with respect to an institution if 

11 such institution— 

12 ‘‘(A) is otherwise in compliance with the 

13 requirements of section 101(a)(15)(F)(i); and 

14 ‘‘(B) has been a candidate for accredita15 tion for at least 1 year and continues to 

16 progress toward accreditation by an accrediting 

17 agency recognized by the Secretary of Edu18 cation.’’. 

19 (c) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the amendments made by this section 

22 shall— 

23 (A) take effect on the date that is 180 

24 days after the date of enactment of this Act; 

25 and 


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1 (B) apply with respect to applications for 

2 nonimmigrant visas that are filed on or after 

3 the effective date described in subparagraph 

4 (A). 

5 (2) TEMPORARY EXCEPTION.—During the 3- 

6 year period beginning on the effective date described 

7 in paragraph (1)(A), an institution that is newly re8 quired to be accredited under this section may con9 tinue to participate in the Student and Exchange 

10 Visitor Program notwithstanding the institution’s 

11 lack of accreditation if the institution— 

12 (A) was certified under the Student and 

13 Exchange Visitor Program on such date; 

14 (B) submitted an application for accredita15 tion to an accrediting agency recognized by the 

16 Secretary of Education during the 6-month pe17 riod ending on such date; and 

18 (C) continues to progress toward accredita19 tion by such accrediting agency. 

20 SEC. 411. VISA FRAUD. 

21 (a) TEMPORARY SUSPENSION OF SEVIS ACCESS.— 

22 Section 641(d) of the Illegal Immigration Reform and Im23 migrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is 

24 amended— 


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1 (1) in paragraph (1)(A), by striking ‘‘institu2 tion,,’’ and inserting ‘‘institution,’’; and 

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

4 ‘‘(3) EFFECT OF REASONABLE SUSPICION OF

5 FRAUD.—If the Secretary of Homeland Security has 

6 reasonable suspicion that an owner of, or a des7 ignated school official at, an approved institution of 

8 higher education, an other approved educational in9 stitution, or a designated exchange visitor program 

10 has committed fraud or attempted to commit fraud 

11 relating to any aspect of the Student and Exchange 

12 Visitor Program, the Secretary may immediately 

13 suspend, without notice, such official’s or such 

14 school’s access to the Student and Exchange Visitor 

15 Information System (SEVIS), including the ability 

16 to issue Form I–20s, pending a final determination 

17 by the Secretary with respect to the institution’s cer18 tification under the Student and Exchange Visitor 

19 Program.’’. 

20 (b) EFFECT OF CONVICTION FOR VISA FRAUD.— 

21 Such section 641(d), as amended by subsection (a)(2), is 

22 further amended by adding at the end the following: 

23 ‘‘(4) PERMANENT DISQUALIFICATION FOR

24 FRAUD.—A designated school official at, or an owner 

25 of, an approved institution of higher education, an 


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1 other approved educational institution, or a des2 ignated exchange visitor program who is convicted 

3 for fraud relating to any aspect of the Student and 

4 Exchange Visitor Program shall be permanently dis5 qualified from filing future petitions and from hav6 ing an ownership interest or a management role, in7 cluding serving as a principal, owner, officer, board 

8 member, general partner, designated school official, 

9 or any other position of substantive authority for the 

10 operations or management of the institution, in any 

11 United States educational institution that enrolls 

12 nonimmigrant alien students described in subpara13 graph (F) or (M) of section 101(a)(15) the Immi14 gration and Nationality Act (8 U.S.C. 

15 1101(a)(15)).’’. 

16 SEC. 412. BACKGROUND CHECKS. 

17 (a) IN GENERAL.—Section 641(d) of the Illegal Im18 migration Reform and Immigrant Responsibility Act of 

19 1996 (8 U.S.C. 1372(d)), as amended by section 411(b) 

20 of this Act, is further amended by adding at the end the 

21 following: 

22 ‘‘(5) BACKGROUND CHECK REQUIREMENT.— 

23 ‘‘(A) IN GENERAL.—An individual may not 

24 serve as a designated school official or be grant25 ed access to SEVIS unless the individual is a 


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1 national of the United States or an alien law2 fully admitted for permanent residence and dur3 ing the most recent 3-year period— 

4 ‘‘(i) the Secretary of Homeland Secu5 rity has— 

6 ‘‘(I) conducted a thorough back7 ground check on the individual, in8 cluding a review of the individual’s 

9 criminal and sex offender history and 

10 the verification of the individual’s im11 migration status; and 

12 ‘‘(II) determined that the indi13 vidual has not been convicted of any 

14 violation of United States immigration 

15 law and is not a risk to national secu16 rity of the United States; and 

17 ‘‘(ii) the individual has successfully 

18 completed an on-line training course on 

19 SEVP and SEVIS, which has been devel20 oped by the Secretary. 

21 ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI22 CIAL.— 

23 ‘‘(i) IN GENERAL.—An individual may 

24 serve as an interim designated school offi25 cial during the period that the Secretary is 


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1 conducting the background check required 

2 by subparagraph (A)(i)(I). 

3 ‘‘(ii) REVIEWS BY THE SECRETARY.— 

4 If an individual serving as an interim des5 ignated school official under clause (i) does 

6 not successfully complete the background 

7 check required by subparagraph (A)(i)(I), 

8 the Secretary shall review each Form I–20 

9 issued by such interim designated school 

10 official. 

11 ‘‘(6) FEE.—The Secretary is authorized to col12 lect a fee from an approved school for each back13 ground check conducted under paragraph (6)(A)(i). 

14 The amount of such fee shall be equal to the average 

15 amount expended by the Secretary to conducted 

16 such background checks.’’. 

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

18 subsection (a) shall take effect on the date that is 1 year 

19 after the date of the enactment of this Act. 

20 SEC. 413. FLIGHT SCHOOLS NOT CERTIFIED BY FAA. 

21 (a) IN GENERAL.—Except as provided in subsection 

22 (b), the Secretary of Homeland Security shall prohibit any 

23 flight school in the United States from accessing SEVIS 

24 or issuing a Form I–20 to an alien seeking a student visa 

25 pursuant to subparagraph (F)(i) or (M)(i) of section 


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1 101(a)(15) of the Immigration and Nationality Act (8 

2 U.S.C. 1101(a)(15)) if the flight school has not been cer3 tified to the satisfaction of the Secretary and by the Fed4 eral Aviation Administration pursuant to part 141 or part 

5 142 of title 14, Code of Federal Regulations (or similar 

6 successor regulations). 

7 (b) TEMPORARY EXCEPTION.—During the 5-year pe8 riod beginning on the date of the enactment of this Act, 

9 the Secretary may waive the requirement under subsection 

10 (a) that a flight school be certified by the Federal Aviation 

11 Administration if such flight school— 

12 (1) was certified under the Student and Ex13 change Visitor Program on the date of the enact14 ment of this Act; 

15 (2) submitted an application for certification 

16 with the Federal Aviation Administration during the 

17 1-year period beginning on such date; and 

18 (3) continues to progress toward certification by 

19 the Federal Aviation Administration. 

20 SEC. 414. REVOCATION OF ACCREDITATION. 

21 At the time an accrediting agency or association is 

22 required to notify the Secretary of Education and the ap23 propriate State licensing or authorizing agency of the final 

24 denial, withdrawal, suspension, or termination of accredi25 tation of an institution pursuant to section 496 of the 


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1 Higher Education Act of 1965 (20 U.S.C. 1099b), such 

2 accrediting agency or association shall notify the Secretary 

3 of Homeland Security of such determination and the Sec4 retary of Homeland Security shall immediately withdraw 

5 the school from the SEVP and prohibit the school from 

6 accessing SEVIS. 

7 SEC. 415. REPORT ON RISK ASSESSMENT. 

8 Not later than 180 days after the date of the enact9 ment of this Act, the Secretary of Homeland Security shall 

10 submit to the Committee on the Judiciary of the Senate 

11 and the Committee on the Judiciary of the House of Rep12 resentatives a report that contains the risk assessment 

13 strategy that will be employed by the Secretary to identify, 

14 investigate, and take appropriate action against schools 

15 and school officials that are facilitating the issuance of 

16 Form I–20 and the maintenance of student visa status 

17 in violation of the immigration laws of the United States. 

18 SEC. 416. IMPLEMENTATION OF GAO RECOMMENDATIONS. 

19 Not later than 180 days after the date of the enact20 ment of this act, the Secretary of Homeland Security shall 

21 submit to the Committee on the Judiciary of the Senate 

22 and the Committee on the Judiciary of the House of Rep23 resentatives a report that describes— 

24 (1) the process in place to identify and assess 

25 risks in the SEVP; 


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1 (2) a risk assessment process to allocate 

2 SEVP’s resources based on risk; 

3 (3) the procedures in place for consistently en4 suring a school’s eligibility, including consistently 

5 verifying in lieu of letters; 

6 (4) how SEVP identified and addressed missing 

7 school case files; 

8 (5) a plan to develop and implement a process 

9 to monitor state licensing and accreditation status of 

10 all SEVP-certified schools; 

11 (6) whether all flight schools that have not been 

12 certified to the satisfaction of the Secretary and by 

13 the Federal Aviation Administration have been re14 moved from the program and have been restricted 

15 from accessing SEVIS; 

16 (7) the standard operating procedures that gov17 ern coordination among SEVP, Counterterrorism 

18 and Criminal Exploitation Unit, and U.S. Immigra19 tion and Customs Enforcement field offices; and 

20 (8) the established criteria for referring cases of 

21 a potentially criminal nature from SEVP to the 

22 counterterrorism and intelligence community. 

23 SEC. 417. IMPLEMENTATION OF SEVIS II. 

24 Not later than 2 years after the date of the enact25 ment of this Act, the Secretary of Homeland Security shall 


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1 complete the deployment of both phases of the 2nd genera2 tion Student and Exchange Visitor Information System 

3 (commonly known as ‘‘SEVIS II’’). 

4 SEC. 418. DEFINITIONS. 

5 (a) DEFINITIONS.—For purposes of this title: 

6 (1) SEVIS.—The term ‘‘SEVIS’’ means the 

7 Student and Exchange Visitor Information System 

8 of the Department of Homeland Security. 

9 (2) SEVP.—The term ‘‘SEVP’’ means the Stu10 dent and Exchange Visitor Program of the Depart11 ment of Homeland Security. 

12 TITLE V—AID TO U.S. IMMIGRA13 TION AND CUSTOMS EN14 FORCEMENT OFFICERS 

15 SEC. 501. ICE IMMIGRATION ENFORCEMENT AGENTS. 

16 (a) IN GENERAL.—The Secretary of Homeland Secu17 rity shall authorize all immigration enforcement agents 

18 and deportation officers of the Department of Homeland 

19 Security who have successfully completed basic immigra20 tion law enforcement training to exercise the powers con21 ferred by— 

22 (1) section 287(a)(5)(A) of the Immigration 

23 and Nationality Act to arrest for any offense against 

24 the United States; 


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1 (2) section 287(a)(5)(B) of such Act to arrest 

2 for any felony; 

3 (3) section 274(a) of such Act to arrest for 

4 bringing in, transporting, or harboring certain 

5 aliens, or inducing them to enter; 

6 (4) section 287(a) of such Act to execute war7 rants of arrest for administrative immigration viola8 tions issued under section 236 of the Act or to exe9 cute warrants of criminal arrest issued under the 

10 authority of the United States; and 

11 (5) section 287(a) of such Act to carry fire12 arms, provided that they are individually qualified by 

13 training and experience to handle and safely operate 

14 the firearms they are permitted to carry, maintain 

15 proficiency in the use of such firearms, and adhere 

16 to the provisions of the enforcement standard gov17 erning the use of force. 

18 (b) PAY.—Immigration enforcement agents shall be 

19 paid on the same scale as Immigration and Customs En20 forcement deportation officers and shall receive the same 

21 benefits. 

22 SEC. 502. ICE DETENTION ENFORCEMENT OFFICERS. 

23 (a) AUTHORIZATION.—The Secretary of Homeland 

24 Security is authorized to hire 2,500 Immigration and Cus25 toms Enforcement detention enforcement officers. 


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1 (b) DUTIES.—Immigration and Customs Enforce2 ment detention enforcement officers who have successfully 

3 completed detention enforcement officers’ basic training 

4 shall be responsible for— 

5 (1) taking and maintaining custody of any per6 son who has been arrested by an immigration offi7 cer; 

8 (2) transporting and guarding immigration de9 tainees; 

10 (3) securing Department of Homeland Security 

11 detention facilities; and 

12 (4) assisting in the processing of detainees. 

13 SEC. 503. ENSURING THE SAFETY OF ICE OFFICERS AND 

14 AGENTS. 

15 (a) BODY ARMOR.—The Secretary of Homeland Se16 curity shall ensure that every Immigration and Customs 

17 Enforcement deportation officer and immigration enforce18 ment agent on duty is issued high-quality body armor that 

19 is appropriate for the climate and risks faced by the agent. 

20 Enough body armor must be purchased to cover every 

21 agent in the field. 

22 (b) WEAPONS.—Such Secretary shall ensure that Im23 migration and Customs Enforcement deportation officers 

24 and immigration enforcement agents are equipped with 

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1 selves, their fellow agents, and innocent third parties from 

2 the threats posed by armed criminals. Such weapons shall 

3 include, at a minimum, standard-issue handguns, M–4 (or 

4 equivalent) rifles, and Tasers. 

5 (c) EFFECTIVE DATE.—This section shall take effect 

6 90 days after the date of the enactment of this Act. 

7 SEC. 504. ICE ADVISORY COUNCIL. 

8 (a) ESTABLISHMENT.—An ICE Advisory Council 

9 shall be established not later than 3 months after the date 

10 of the enactment of this Act. 

11 (b) MEMBERSHIP.—The ICE Advisor Council shall 

12 be comprised of 7 members. 

13 (c) APPOINTMENT.—Members shall to be appointed 

14 in the following manner: 

15 (1) One member shall be appointed by the 

16 President; 

17 (2) One member shall be appointed by the 

18 Chairman of the Judiciary Committee of the House 

19 of Representatives; 

20 (3) One member shall be appointed by the 

21 Chairman of the Judiciary Committee of the Senate; 

22 (4) One member shall be appointed by the 

23 Local 511, the ICE prosecutor’s union; and 


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1 (5) Three members shall be appointed by the 

2 National Immigration and Customs Enforcement 

3 Council. 

4 (d) TERM.—Members shall serve renewable, 2-year 

5 terms. 

6 (e) VOLUNTARY.—Membership shall be voluntary and 

7 non-remunerated, except that members will receive reim8 bursement from the Secretary of Homeland Security for 

9 travel and other related expenses. 

10 (f) RETALIATION PROTECTION.—Members who are 

11 employed by the Secretary of Homeland Security shall be 

12 protected from retaliation by their supervisors, managers, 

13 and other Department of Homeland Security employees 

14 for their participation on the Council. 

15 (g) PURPOSE.—The purpose of the Council is to ad16 vise the Congress and the Secretary of Homeland Security 

17 on issues including the following: 

18 (1) The current status of immigration enforce19 ment efforts, including prosecutions and removals, 

20 the effectiveness of such efforts, and how enforce21 ment could be improved; 

22 (2) The effectiveness of cooperative efforts be23 tween the Secretary of Homeland Security and other 

24 law enforcement agencies, including additional types 

25 of enforcement activities that the Secretary should 


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1 be engaged in, such as State and local criminal task 

2 forces; 

3 (3) Personnel, equipment, and other resource 

4 needs of field personnel; 

5 (4) Improvements that should be made to the 

6 organizational structure of the Department of 

7 Homeland Security, including whether the position 

8 of immigration enforcement agent should be merged 

9 into the deportation officer position; and 

10 (5) The effectiveness of specific enforcement 

11 policies and regulations promulgated by the Sec12 retary of Homeland Security, and whether other en13 forcement priorities should be considered. 

14 (h) REPORTS.—The Council shall provide quarterly 

15 reports to the Chairmen and Ranking Members of the Ju16 diciary Committees of the Senate and the House of Rep17 resentatives and to the Secretary of Homeland Security. 

18 The Council members shall meet directly with the Chair19 men and Ranking Members (or their designated represent20 atives) and with the Secretary to discuss their reports 

21 every 6 months. 

22 SEC. 505. PILOT PROGRAM FOR ELECTRONIC FIELD PROC23 ESSING. 

24 (a) IN GENERAL.—The Secretary of Homeland Secu25 rity shall establish a pilot program in at least five of the 


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1 10 Immigration and Customs Enforcement field offices 

2 with the largest removal caseloads to allow Immigration 

3 and Customs deportation officers and immigration en4 forcement agents to— 

5 (1) electronically process and serve charging 

6 documents, including Notices to Appear, while in the 

7 field; and 

8 (2) electronically process and place detainers 

9 while in the field. 

10 (b) DUTIES.—The pilot program described in sub11 section (a) shall be designed to allow deportation officers 

12 and immigration enforcement agents to use handheld or 

13 vehicle-mounted computers to— 

14 (1) enter any required data, including personal 

15 information about the alien subject and the reason 

16 for issuing the document; 

17 (2) apply the electronic signature of the issuing 

18 officer or agent; 

19 (3) set the date the alien is required to appear 

20 before an immigration judge, in the case of Notices 

21 to Appear; 

22 (4) print any documents the alien subject may 

23 be required to sign, along with additional copies of 

24 documents to be served on the alien; and 


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1 (5) interface with the ENFORCE database so 

2 that all data is stored and retrievable. 

3 (c) CONSTRUCTION.—The pilot program described in 

4 subsection (a) shall be designed to replace, to the extent 

5 possible, the current paperwork and data-entry process 

6 used for issuing such charging documents and detainers. 

7 (d) DEADLINE.—The Secretary shall initiate the pilot 

8 program described in subsection (a) within 6 months of 

9 the date of enactment of this Act. 

10 (e) REPORT.—The Government Accountability Office 

11 shall report to the Judiciary Committee of the Senate and 

12 the House of Representatives no later than 18 months 

13 after the date of enactment of this Act on the effectiveness 

14 of the pilot program and provide recommendations for im15 proving it. 

16 (f) ADVISORY COUNCIL.—The ICE Advisory Council 

17 established by section 504 shall include an recommenda18 tions on how the pilot program should work in the first 

19 quarterly report of the Council, and shall include assess20 ments of the program and recommendations for improve21 ment in each subsequent report. 

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

23 180 days after the date of the enactment of this Act. 


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1 SEC. 506. ADDITIONAL ICE DEPORTATION OFFICERS AND 

2 SUPPORT STAFF. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity shall, subject to the availability of appropriations for 

5 such purpose, increase the number of positions for full6 time active-duty Immigration and Customs Enforcement 

7 deportation officers by 5,000 above the number of full8 time positions for which funds were appropriated for fiscal 

9 year 2013. 

10 (b) SUPPORT STAFF.—The Secretary shall, subject 

11 to the availability of appropriations for such purpose, in12 crease the number of positions for full-time support staff 

13 for Immigration and Customs Enforcement deportation 

14 officers by 700 above the number of full-time positions for 

15 which funds were appropriated for fiscal year 2013. 

16 SEC. 507. ADDITIONAL ICE PROSECUTORS. 

17 The Secretary of Homeland Security shall increase 

18 by 60 the number of full-time trial attorneys working for 

19 the Immigration and Customs Enforcement Office of the 

20 Principal Legal Advisor. 

21 TITLE VI—MISCELLANEOUS 

22 ENFORCEMENT PROVISIONS 

23 SEC. 601. ENCOURAGING ALIENS TO DEPART VOLUN24 TARILY. 

25 (a) IN GENERAL.—Section 240B of the Immigration 

26 and Nationality Act (8 U.S.C. 1229c) is amended— 


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1 (1) in subsection (a)— 

2 (A) by amending paragraph (1) to read as 

3 follows: 

4 ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If 

5 an alien is not described in paragraph (2)(A)(iii) or 

6 (4) of section 237(a), the Secretary of Homeland Se7 curity may permit the alien to voluntarily depart the 

8 United States at the alien’s own expense under this 

9 subsection instead of being subject to proceedings 

10 under section 240.’’; 

11 (B) by striking paragraph (3); 

12 (C) by redesignating paragraph (2) as 

13 paragraph (3); 

14 (D) by adding after paragraph (1) the fol15 lowing: 

16 ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL

17 PROCEEDINGS.—If an alien is not described in para18 graph (2)(A)(iii) or (4) of section 237(a), the Attor19 ney General may permit the alien to voluntarily de20 part the United States at the alien’s own expense 

21 under this subsection after the initiation of removal 

22 proceedings under section 240 and before the con23 clusion of such proceedings before an immigration 

24 judge.’’; 

25 (E) in paragraph (3), as redesignated— 


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1 (i) by amending subparagraph (A) to 

2 read as follows: 

3 ‘‘(A) INSTEAD OF REMOVAL.—Subject to 

4 subparagraph (C), permission to voluntarily de5 part under paragraph (1) shall not be valid for 

6 any period in excess of 120 days. The Secretary 

7 may require an alien permitted to voluntarily 

8 depart under paragraph (1) to post a voluntary 

9 departure bond, to be surrendered upon proof 

10 that the alien has departed the United States 

11 within the time specified.’’; 

12 (ii) by redesignating subparagraphs 

13 (B), (C), and (D) as paragraphs (C), (D), 

14 and (E), respectively; 

15 (iii) by adding after subparagraph (A) 

16 the following: 

17 ‘‘(B) BEFORE THE CONCLUSION OF RE18 MOVAL PROCEEDINGS.—Permission to volun19 tarily depart under paragraph (2) shall not be 

20 valid for any period in excess of 60 days, and 

21 may be granted only after a finding that the 

22 alien has the means to depart the United States 

23 and intends to do so. An alien permitted to vol24 untarily depart under paragraph (2) shall post 

25 a voluntary departure bond, in an amount necVerDate Mar 15 2010 23:35 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00155 Fmt 6652 Sfmt 6201 E:\BILLS\H2278.IH H2278

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1 essary to ensure that the alien will depart, to be 

2 surrendered upon proof that the alien has de3 parted the United States within the time speci4 fied. An immigration judge may waive the re5 quirement to post a voluntary departure bond 

6 in individual cases upon a finding that the alien 

7 has presented compelling evidence that the 

8 posting of a bond will pose a serious financial 

9 hardship and the alien has presented credible 

10 evidence that such a bond is unnecessary to 

11 guarantee timely departure.’’; 

12 (iv) in subparagraph (C), as redesig13 nated, by striking ‘‘subparagraphs (C) 

14 and(D)(ii)’’ and inserting ‘‘subparagraphs 

15 (D) and (E)(ii)’’; 

16 (v) in subparagraph (D), as redesig17 nated, by striking ‘‘subparagraph (B)’’ 

18 each place that term appears and inserting 

19 ‘‘subparagraph (C)’’; and 

20 (vi) in subparagraph (E), as redesig21 nated, by striking ‘‘subparagraph (B)’’ 

22 each place that term appears and inserting 

23 ‘‘subparagraph (C)’’; and 


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1 (F) in paragraph (4), by striking ‘‘para2 graph (1)’’ and inserting ‘‘paragraphs (1) and 

3 (2)’’; 

4 (2) in subsection (b)(2), by striking ‘‘a period 

5 exceeding 60 days’’ and inserting ‘‘any period in ex6 cess of 45 days’’; 

7 (3) by amending subsection (c) to read as fol8 lows: 

9 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

10 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

11 Voluntary departure may only be granted as part of 

12 an affirmative agreement by the alien. A voluntary 

13 departure agreement under subsection (b) shall in14 clude a waiver of the right to any further motion, 

15 appeal, application, petition, or petition for review 

16 relating to removal or relief or protection from re17 moval. 

18 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

19 connection with the alien’s agreement to depart vol20 untarily under paragraph (1), the Secretary of 

21 Homeland Security may agree to a reduction in the 

22 period of inadmissibility under subparagraph (A) or 

23 (B)(i) of section 212(a)(9). 

24 ‘‘(3) ADVISALS.—Agreements relating to vol25 untary departure granted during removal proVerDate Mar 15 2010 23:35 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\H2278.IH H2278

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1 ceedings under section 240, or at the conclusion of 

2 such proceedings, shall be presented on the record 

3 before the immigration judge. The immigration 

4 judge shall advise the alien of the consequences of 

5 a voluntary departure agreement before accepting 

6 such agreement. 

7 ‘‘(4) FAILURE TO COMPLY WITH AGREE8 MENT.— 

9 ‘‘(A) IN GENERAL.—If an alien agrees to 

10 voluntary departure under this section and fails 

11 to depart the United States within the time al12 lowed for voluntary departure or fails to comply 

13 with any other terms of the agreement (includ14 ing failure to timely post any required bond), 

15 the alien is— 

16 ‘‘(i) ineligible for the benefits of the 

17 agreement; 

18 ‘‘(ii) subject to the penalties described 

19 in subsection (d); and 

20 ‘‘(iii) subject to an alternate order of 

21 removal if voluntary departure was granted 

22 under subsection (a)(2) or (b). 

23 ‘‘(B) EFFECT OF FILING TIMELY AP24 PEAL.—If, after agreeing to voluntary depar25 ture, the alien files a timely appeal of the immiVerDate Mar 15 2010 23:35 Jun 11, 2013 Jkt 029200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6201 E:\BILLS\H2278.IH H2278

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1 gration judge’s decision granting voluntary de2 parture, the alien may pursue the appeal in3 stead of the voluntary departure agreement. 

4 Such appeal operates to void the alien’s vol5 untary departure agreement and the con6 sequences of such agreement, but precludes the 

7 alien from another grant of voluntary departure 

8 while the alien remains in the United States. 

9 ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF10 FECTED.—Except as expressly agreed to by the Sec11 retary in writing in the exercise of the Secretary’s 

12 discretion before the expiration of the period allowed 

13 for voluntary departure, no motion, appeal, applica14 tion, petition, or petition for review shall affect, rein15 state, enjoin, delay, stay, or toll the alien’s obligation 

16 to depart from the United States during the period 

17 agreed to by the alien and the Secretary.’’; 

18 (4) by amending subsection (d) to read as fol19 lows: 

20 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

21 alien is permitted to voluntarily depart under this section 

22 and fails to voluntarily depart from the United States 

23 within the time period specified or otherwise violates the 

24 terms of a voluntary departure agreement, the alien will 

25 be subject to the following penalties: 


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1 ‘‘(1) CIVIL PENALTY.—The alien shall be liable 

2 for a civil penalty of $3,000. The order allowing vol3 untary departure shall specify the amount of the 

4 penalty, which shall be acknowledged by the alien on 

5 the record. If the Secretary thereafter establishes 

6 that the alien failed to depart voluntarily within the 

7 time allowed, no further procedure will be necessary 

8 to establish the amount of the penalty, and the Sec9 retary may collect the civil penalty at any time 

10 thereafter and by whatever means provided by law. 

11 An alien will be ineligible for any benefits under this 

12 chapter until this civil penalty is paid. 

13 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

14 shall be ineligible during the time the alien remains 

15 in the United States and for a period of 10 years 

16 after the alien’s departure for any further relief 

17 under this section and sections 240A, 245, 248, and 

18 249. The order permitting the alien to depart volun19 tarily shall inform the alien of the penalties under 

20 this subsection. 

21 ‘‘(3) REOPENING.—The alien shall be ineligible 

22 to reopen the final order of removal that took effect 

23 upon the alien’s failure to depart, or upon the alien’s 

24 other violations of the conditions for voluntary de25 parture, during the period described in paragraph 


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1 (2). This paragraph does not preclude a motion to 

2 reopen to seek withholding of removal under section 

3 241(b)(3) or protection against torture, if the mo4 tion— 

5 ‘‘(A) presents material evidence of changed 

6 country conditions arising after the date of the 

7 order granting voluntary departure in the coun8 try to which the alien would be removed; and 

9 ‘‘(B) makes a sufficient showing to the sat10 isfaction of the Attorney General that the alien 

11 is otherwise eligible for such protection.’’; 

12 (5) by amending subsection (e) to read as fol13 lows: 

14 ‘‘(e) ELIGIBILITY.— 

15 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR16 TURE.—An alien shall not be permitted to volun17 tarily depart under this section if the Secretary of 

18 Homeland Security or the Attorney General pre19 viously permitted the alien to depart voluntarily. 

20 ‘‘(2) RULEMAKING.—The Secretary may pro21 mulgate regulations to limit eligibility or impose ad22 ditional conditions for voluntary departure under 

23 subsection (a)(1) for any class of aliens. The Sec24 retary or Attorney General may by regulation limit 

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1 untary departure under subsections (a)(2) or (b) of 

2 this section for any class or classes of aliens.’’; and 

3 (6) in subsection (f), by adding at the end the 

4 following: ‘‘Notwithstanding section 242(a)(2)(D) of 

5 this Act, sections 1361, 1651, and 2241 of title 28, 

6 United States Code, any other habeas corpus provi7 sion, and any other provision of law (statutory or 

8 nonstatutory), no court shall have jurisdiction to af9 fect, reinstate, enjoin, delay, stay, or toll the period 

10 allowed for voluntary departure under this section.’’. 

11 (b) RULEMAKING.—The Secretary shall within one 

12 year of the date of enactment of this Act promulgate regu13 lations to provide for the imposition and collection of pen14 alties for failure to depart under section 240B(d) of the 

15 Immigration and Nationality Act (8 U.S.C. 1229c(d)). 

16 (c) EFFECTIVE DATES.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendments made by this section 

19 shall apply with respect to all orders granting vol20 untary departure under section 240B of the Immi21 gration and Nationality Act (8 U.S.C. 1229c) made 

22 on or after the date that is 180 days after the enact23 ment of this Act. 

24 (2) EXCEPTION.—The amendment made by 

25 subsection (a)(6) shall take effect on the date of the 


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1 enactment of this Act and shall apply with respect 

2 to any petition for review which is filed on or after 

3 such date. 

4 SEC. 602. DETERRING ALIENS ORDERED REMOVED FROM 

5 REMAINING IN THE UNITED STATES UNLAW6 FULLY. 

7 (a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) of 

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

9 1182(a)(9)(A)) is amended— 

10 (1) in clause (i), by striking ‘‘seeks admission 

11 within 5 years of the date of such removal (or within 

12 20 years’’ and inserting ‘‘seeks admission not later 

13 than 5 years after the date of the alien’s removal (or 

14 not later than 20 years after the alien’s removal’’; 

15 and 

16 (2) in clause (ii), by striking ‘‘seeks admission 

17 within 10 years of the date of such alien’s departure 

18 or removal (or within 20 years of’’ and inserting 

19 ‘‘seeks admission not later than 10 years after the 

20 date of the alien’s departure or removal (or not later 

21 than 20 years after’’. 

22 (b) BAR ON DISCRETIONARY RELIEF.—Section 274D 

23 of such Act (8 U.S.C. 324d) is amended— 


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1 (1) in subsection (a), by striking ‘‘Commis2 sioner’’ and inserting ‘‘Secretary of Homeland Secu3 rity’’; and 

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

5 ‘‘(c) INELIGIBILITY FOR RELIEF.— 

6 ‘‘(1) IN GENERAL.—Unless a timely motion to 

7 reopen is granted under section 240(c)(6), an alien 

8 described in subsection (a) shall be ineligible for any 

9 discretionary relief from removal (including cancella10 tion of removal and adjustment of status) during the 

11 time the alien remains in the United States and for 

12 a period of 10 years after the alien’s departure from 

13 the United States. 

14 ‘‘(2) SAVINGS PROVISION.—Nothing in para15 graph (1) shall preclude a motion to reopen to seek 

16 withholding of removal under section 241(b)(3) or 

17 protection against torture, if the motion— 

18 ‘‘(A) presents material evidence of changed 

19 country conditions arising after the date of the 

20 final order of removal in the country to which 

21 the alien would be removed; and 

22 ‘‘(B) makes a sufficient showing to the sat23 isfaction of the Attorney General that the alien 

24 is otherwise eligible for such protection.’’. 


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1 (c) EFFECTIVE DATES.—The amendments made by 

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

3 of this Act with respect to aliens who are subject to a final 

4 order of removal entered before, on, or after such date. 

5 SEC. 603. REINSTATEMENT OF REMOVAL ORDERS. 

6 (a) IN GENERAL.—Section 241(a)(5) of the Immi7 gration and Nationality Act (8 U.S.C. 1231(a)(5)) is 

8 amended to read as follows: 

9 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

10 AGAINST ALIENS ILLEGALLY REENTERING.—If the 

11 Secretary of Homeland Security finds that an alien 

12 has entered the United States illegally after having 

13 been removed, deported, or excluded or having de14 parted voluntarily, under an order of removal, depor15 tation, or exclusion, regardless of the date of the 

16 original order or the date of the illegal entry— 

17 ‘‘(A) the order of removal, deportation, or 

18 exclusion is reinstated from its original date 

19 and is not subject to being reopened or reviewed 

20 notwithstanding section 242(a)(2)(D); 

21 ‘‘(B) the alien is not eligible and may not 

22 apply for any relief under this Act, regardless 

23 of the date that an application or request for 

24 such relief may have been filed or made; and 


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1 ‘‘(C) the alien shall be removed under the 

2 order of removal, deportation, or exclusion at 

3 any time after the illegal entry. 

4 Reinstatement under this paragraph shall not re5 quire proceedings under section 240 or other pro6 ceedings before an immigration judge’’. 

7 (b) JUDICIAL REVIEW.—Section 242 of the Immigra8 tion and Nationality Act (8 U.S.C. 1252) is amended by 

9 adding at the end the following: 

10 ‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER

11 SECTION 241(a)(5).— 

12 ‘‘(1) REVIEW OF REINSTATEMENT.—Judicial 

13 review of determinations under section 241(a)(5) is 

14 available in an action under subsection (a). 

15 ‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Not16 withstanding any other provision of law (statutory or 

17 nonstatutory), including section 2241 of title 28, 

18 United States Code, any other habeas corpus provi19 sion, or sections 1361 and 1651 of such title, no 

20 court shall have jurisdiction to review any cause or 

21 claim, arising from, or relating to, any challenge to 

22 the original order.’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 subsections (a) and (b) shall take effect as if enacted on 

25 April 1, 1997, and shall apply to all orders reinstated or 


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1 after that date by the Secretary of Homeland Security (or 

2 by the Attorney General prior to March 1, 2003), regard3 less of the date of the original order. 

4 SEC. 604. CLARIFICATION WITH RESPECT TO DEFINITION 

5 OF ADMISSION. 

6 Section 101(a)(13)(A) of the Immigration and Na7 tionality Act (8 U.S.C. 1101(a)(13)(A)) is amended by 

8 adding at the end the following: ‘‘An alien’s adjustment 

9 of status to that of lawful permanent resident status under 

10 any provision of this Act, or under any other provision 

11 of law, shall be considered an ‘admission’ for any purpose 

12 under this Act, even if the adjustment of status occurred 

13 while the alien was present in the United States.’’. 

14 SEC. 605. REPORTS TO CONGRESS ON THE EXERCISE AND 

15 ABUSE OF PROSECUTORIAL DISCRETION. 

16 (a) IN GENERAL.—Not later than 180 days after the 

17 end of each fiscal year, the Secretary of Homeland Secu18 rity and the Attorney General shall each provide to the 

19 Committees on the Judiciary of the House of Representa20 tives and of the Senate a report on the following: 

21 (1) Aliens apprehended or arrested by State or 

22 local law enforcement agencies who were identified 

23 by the Department of Homeland Security in the pre24 vious fiscal year and for whom the Department of 

25 Homeland Security did not issue detainers and did 


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1 not take into custody despite the Department of 

2 Homeland Security’s findings that the aliens were 

3 inadmissible or deportable. 

4 (2) Aliens who were applicants for admission in 

5 the previous fiscal year but not clearly and beyond 

6 a doubt entitled to be admitted by an immigration 

7 officer and who were not detained as required pursu8 ant to section 235(b)(2)(A) of the Immigration and 

9 Nationality Act (8 U.S.C. 1225(b)(2)(A)). 

10 (3) Aliens who in the previous fiscal year were 

11 found by Department of Homeland Security officials 

12 performing duties related to the adjudication of ap13 plications for immigration benefits or the enforce14 ment of the immigration laws to be inadmissible or 

15 deportable who were not issued notices to appear 

16 pursuant to section 239 of such Act (8 U.S.C. 1229) 

17 or placed into removal proceedings pursuant to sec18 tion 240 (8 U.S.C. 1229a), unless the aliens were 

19 placed into expedited removal proceedings pursuant 

20 to section 235(b)(1)(A)(i) (8 U.S.C. 

21 1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), 

22 were granted voluntary departure pursuant to sec23 tion 240B, were granted relief from removal pursu24 ant to statute, were granted legal nonimmigrant or 


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1 immigrant status pursuant to statute, or were deter2 mined not to be inadmissible or deportable. 

3 (4) Aliens issued notices to appear that were 

4 cancelled in the previous fiscal year despite the De5 partment of Homeland Security’s findings that the 

6 aliens were inadmissible or deportable, unless the 

7 aliens were granted relief from removal pursuant to 

8 statute, were granted voluntary departure pursuant 

9 to section 240B of such Act (8 U.S.C. 1229c), or 

10 were granted legal nonimmigrant or immigrant sta11 tus pursuant to statute. 

12 (5) Aliens who were placed into removal pro13 ceedings, whose removal proceedings were termi14 nated in the previous fiscal year prior to their con15 clusion, unless the aliens were granted relief from 

16 removal pursuant to statute, were granted voluntary 

17 departure pursuant to section 240B, were granted 

18 legal nonimmigrant or immigrant status pursuant to 

19 statute, or were determined not to be inadmissible or 

20 deportable. 

21 (6) Aliens granted parole pursuant to section 

22 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 

23 (7) Aliens granted deferred action, extended 

24 voluntary departure or any other type of relief from 

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1 tionality Act or where determined not to be inadmis2 sible or deportable. 

3 (b) CONTENTS OF REPORT.—The report shall include 

4 a listing of each alien described in each paragraph of sub5 section (a), including when in the possession of the De6 partment of Homeland Security their names, fingerprint 

7 identification numbers, alien registration numbers, and 

8 reason why each was granted the type of prosecutorial dis9 cretion received. The report shall also include current 

10 criminal histories on each alien from the Federal Bureau 

11 of Investigation. 

12 SEC. 606. WAIVER OF FEDERAL LAWS WITH RESPECT TO 

13 BORDER SECURITY ACTIONS ON DEPART14 MENT OF THE INTERIOR AND DEPARTMENT 

15 OF AGRICULTURE LANDS. 

16 (a) PROHIBITION ON SECRETARIES OF THE INTE17 RIOR AND AGRICULTURE.—The Secretary of the Interior 

18 or the Secretary of Agriculture shall not impede, prohibit, 

19 or restrict activities of U.S. Customs and Border Protec20 tion on Federal land located within 100 miles of an inter21 national land border that is under the jurisdiction of the 

22 Secretary of the Interior or the Secretary of Agriculture, 

23 to execute search and rescue operations and to prevent 

24 all unlawful entries into the United States, including en25 tries by terrorists, other unlawful aliens, instruments of 


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1 terrorism, narcotics, and other contraband through the 

2 international land borders of the United States. 

3 (b) AUTHORIZED ACTIVITIES OF U.S. CUSTOMS AND

4 BORDER PROTECTION.—U.S. Customs and Border Pro5 tection shall have immediate access to Federal land within 

6 100 miles of the international land border under the juris7 diction of the Secretary of the Interior or the Secretary 

8 of Agriculture for purposes of conducting the following ac9 tivities on such land that prevent all unlawful entries into 

10 the United States, including entries by terrorists, other 

11 unlawful aliens, instruments of terrorism, narcotics, and 

12 other contraband through the international land borders 

13 of the United States: 

14 (1) Construction and maintenance of roads. 

15 (2) Construction and maintenance of barriers. 

16 (3) Use of vehicles to patrol, apprehend, or res17 cue. 

18 (4) Installation, maintenance, and operation of 

19 communications and surveillance equipment and sen20 sors. 

21 (5) Deployment of temporary tactical infra22 structure. 

23 (c) CLARIFICATION RELATING TO WAIVER AUTHOR24 ITY.— 


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1 (1) IN GENERAL.—Notwithstanding any other 

2 provision of law (including any termination date re3 lating to the waiver referred to in this subsection), 

4 the waiver by the Secretary of Homeland Security 

5 on April 1, 2008, under section 102(c)(1) of the Ille6 gal Immigration Reform and Immigrant Responsi7 bility Act of 1996 (8 U.S.C. 1103 note; Public Law 

8 104–208) of the laws described in paragraph (2) 

9 with respect to certain sections of the international 

10 border between the United States and Mexico and 

11 between the United States and Canada shall be con12 sidered to apply to all Federal land under the juris13 diction of the Secretary of the Interior or the Sec14 retary of Agriculture within 100 miles of the inter15 national land borders of the United States for the 

16 activities of U.S. Customs and Border Protection de17 scribed in subsection (c). 

18 (2) DESCRIPTION OF LAWS WAIVED.—The laws 

19 referred to in paragraph (1) are limited to the Wil20 derness Act (16 U.S.C. 1131 et seq.), the National 

21 Environmental Policy Act of 1969 (42 U.S.C. 4321 

22 et seq.), the Endangered Species Act of 1973 (16 

23 U.S.C. 1531 et seq.), the National Historic Preser24 vation Act (16 U.S.C. 470 et seq.), Public Law 86– 

25 523 (16 U.S.C. 469 et seq.), the Act of June 8, 


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1 1906 (commonly known as the ‘‘Antiquities Act of 

2 1906’’; 16 U.S.C. 431 et seq.), the Wild and Scenic 

3 Rivers Act (16 U.S.C. 1271 et seq.), the Federal 

4 Land Policy and Management Act of 1976 (43 

5 U.S.C. 1701 et seq.), the National Wildlife Refuge 

6 System Administration Act of 1966 (16 U.S.C. 

7 668dd et seq.), the Fish and Wildlife Act of 1956 

8 (16 U.S.C. 742a et seq.), the Fish and Wildlife Co9 ordination Act (16 U.S.C. 661 et seq.), subchapter 

10 II of chapter 5, and chapter 7, of title 5, United 

11 States Code (commonly known as the ‘‘Administra12 tive Procedure Act’’), the National Park Service Or13 ganic Act (16 U.S.C. 1 et seq.), the General Au14 thorities Act of 1970 (Public Law 91–383) (16 

15 U.S.C. 1a–1 et seq.), sections 401(7), 403, and 404 

16 of the National Parks and Recreation Act of 1978 

17 (Public Law 95–625, 92 Stat. 3467), and the Ari18 zona Desert Wilderness Act of 1990 (16 U.S.C. 

19 1132 note; Public Law 101–628). 

20 (d) PROTECTION OF LEGAL USES.—This section 

21 shall not be construed to provide— 

22 (1) authority to restrict legal uses, such as 

23 grazing, hunting, mining, or public-use recreational 

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1 tion of the Secretary of the Interior or the Secretary 

2 of Agriculture; or 

3 (2) any additional authority to restrict legal ac4 cess to such land. 

5 (e) EFFECT ON STATE AND PRIVATE LAND.—This 

6 Act shall— 

7 (1) have no force or effect on State or private 

8 lands; and 

9 (2) not provide authority on or access to State 

10 or private lands. 

11 (f) TRIBAL SOVEREIGNTY.—Nothing in this section 

12 supersedes, replaces, negates, or diminishes treaties or 

13 other agreements between the United States and Indian 

14 tribes. 

15 (g) REPORT.—Not later than 1 year after the date 

16 of the enactment of this Act, and annually thereafter, the 

17 Secretary of Homeland Security shall submit to the appro18 priate committees of Congress a report describing the ex19 tent to which implementation of this section has affected 

20 the operations of U.S. Customs and Border Protection in 

21 the year preceding the report. 

Æ 


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