I 

108TH CONGRESS 

1ST SESSION H. R. 3522

To amend the Immigration and Nationality Act to bar the admission, and 

facilitate the removal, of alien terrorists and their supporters and fundraisers, to secure our borders against terrorists, drug traffickers, and 

other illegal aliens, to facilitate the removal of illegal aliens and aliens 

who are criminals or human rights abusers, to reduce visa, document, 

and employment fraud, to temporarily suspend processing of certain 

visas and immigration benefits, to reform the legal immigration system, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2003

Mr. BARRETT of South Carolina (for himself, Mr. MILLER of Florida, and Mr. 

GOODE) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act to bar the 

admission, and facilitate the removal, of alien terrorists 

and their supporters and fundraisers, to secure our borders against terrorists, drug traffickers, and other illegal 

aliens, to facilitate the removal of illegal aliens and aliens 

who are criminals or human rights abusers, to reduce 

visa, document, and employment fraud, to temporarily 

suspend processing of certain visas and immigration benefits, to reform the legal immigration system, and for 

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

3 SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CON4 TENTS; SEVERABILITY. 

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

6 (1) the ‘‘Securing America’s Future through 

7 Enforcement Reform Act of 2003’’; or 

8 (2) the ‘‘SAFER Act’’. 

9 (b) REFERENCES TO IMMIGRATION AND NATION10 ALITY ACT.—Except as otherwise expressly provided, 

11 whenever in this Act an amendment or repeal is expressed 

12 in terms of an amendment to, or repeal of, a section or 

13 other provision, the reference shall be considered to be 

14 made to a section or other provision of the Immigration 

15 and Nationality Act. 

16 (c) TABLE OF CONTENTS.—The table of contents for 

17 this Act is as follows:

Sec. 1. Short title; references; table of contents; severability. 

Sec. 2. Congressional findings. 

TITLE I—SECURING THE BORDER 

Subtitle A—Prevention and Punishment of Criminal Smuggling, Transporting, 

and Harboring of Aliens 

Sec. 101. Increased personnel for investigating alien smuggling. 

Sec. 102. Increased criminal sentences and fines for alien smuggling. 

Sec. 103. Change to sentencing guidelines. 

Sec. 104. Enhanced penalties for persons committing offenses while armed. 

Sec. 105. Discontinuing grant of visas to nationals of countries not cooperating 

in combatting alien smuggling. 

Subtitle B—Border Personnel and Strategy 

Sec. 111. Increase in full-time border patrol agents. 
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Sec. 112. Report on number of border patrol agents needed to secure northern 

border. 

Sec. 113. Use of Army and Air Force to secure the border. 

Sec. 114. Use of border property to secure the border. 

Sec. 115. Report on border strategy. 

TITLE II—SCREENING ALIENS SEEKING ADMISSION 

Sec. 201. Increase in full-time inspectors. 

Sec. 202. Visa waiver program. 

Sec. 203. Consular officer interviews of all visa applicants. 

Sec. 204. Recodification and reform of grounds of inadmissibility. 

Sec. 205. Protections for United States specialty workers. 

Sec. 206. Antifraud fee. 

TITLE III—TRACKING ALIENS PRESENT IN THE UNITED STATES 

Sec. 301. Entry-exit system. 

Sec. 302. Collection of information regarding foreign students. 

Sec. 303. Alien registration. 

Sec. 304. Visa term compliance bonds. 

Sec. 305. Release of aliens in removal proceedings. 

Sec. 306. Detention of aliens delivered by bondsmen. 

TITLE IV—REMOVING ALIEN TERRORISTS, CRIMINALS, AND 

HUMAN RIGHTS VIOLATORS 

Subtitle A—Removing Alien Terrorists 

Sec. 401. Deportability of alien terrorists, national security threats, and serious 

foreign crimes. 

Sec. 402. Administrative removal of alien terrorists. 

Sec. 403. Asylum petitions by members of terrorist organizations. 

Sec. 404. Expatriation of terrorists. 

Subtitle B—Removing Alien Criminals 

Sec. 411. Definition of criminal conviction. 

Sec. 412. Removing murderers, rapists, sexual abusers of children, and drunk 

drivers. 

Sec. 413. Detention and release of criminal aliens pending removal decision. 

Subtitle C—Removing Alien Human Rights Violators 

Sec. 421. Serious human rights violator defined. 

Sec. 422. Deportability of serious human rights violators. 

Sec. 423. Arrest and detention of serious human rights violators pending removal and criminal prosecution decisions. 

Sec. 424. Exception to restriction on removal for serious human rights violators 

and terrorists. 

Sec. 425. Initiation of removal proceedings against serious human rights violators by complaint. 

Sec. 426. Bars to refugee status and asylum for serious human rights violators. 

Sec. 427. Bar to adjustment of status for serious human rights violators. 

Sec. 428. Bar to finding of good moral character for serious human rights violators. 

Sec. 429. Bar to cancellation of removal for serious human rights violators. 
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Sec. 430. Bar to adjustment of status with respect to certain special immigrants. 

Sec. 431. Criminal penalties for reentry of removed serious human rights violators. 

Sec. 432. Aiding or assisting serious human rights violators to enter the United 

States. 

Sec. 433. Revision of regulations with respect to the involuntary return of persons in danger of subjection to torture. 

Sec. 434. Funding for detention and removal assistance provided by State and 

local law enforcement agencies. 

Sec. 435. Effective date. 

TITLE V—ENHANCING ENFORCEMENT OF THE IMMIGRATION 

AND NATIONALITY ACT IN THE INTERIOR 

Subtitle A—Document Security 

Sec. 501. Secure travel documents. 

Sec. 502. Social security cards. 

Sec. 503. Consular identification documents. 

Subtitle B—Employment Eligibility Verification 

Sec. 511. Employment eligibility verification process and elimination of examination of documentation requirement. 

Sec. 512. Employment eligibility verification system. 

Sec. 513. Notification by Commissioner of failure to correct social security information. 

Sec. 514. Protection for individuals reporting immigration law violations. 

Subtitle C—Miscellaneous 

Sec. 521. Increased investigative personnel. 

Sec. 522. Expedited exclusion. 

Sec. 523. Adjustment of status for certain aliens. 

Sec. 524. Termination of continuous presence for purposes of cancellation of removal upon commission of offense rendering alien inadmissible 

or deportable. 

Sec. 525. Reentry of removed aliens. 

Sec. 526. Criminal and civil penalties for entry of aliens at improper time or 

place, avoidance of examination or inspection, unlawful presence, and misrepresentation or concealment of facts. 

Sec. 527. Communication between government agencies and the Department of 

Homeland Security. 

Sec. 528. Exception to removal for certain aliens. 

Sec. 529. Detention facilities. 

Sec. 530. Voluntary departure. 

Sec. 531. Cancellation of removal. 

Sec. 532. Expedited removal of criminal aliens. 

Sec. 533. Subject to jurisdiction defined. 

Sec. 534. Claims for services performed by unauthorized aliens. 

Sec. 535. Restrictions on warrantless entry. 

TITLE VI—ELIMINATING EXCESSIVE REVIEW AND DILATORY 

AND ABUSIVE TACTICS BY ALIENS IN REMOVAL PROCEEDINGS 

Sec. 601. Frivolous applications.
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Sec. 602. Continuances; change of venue. 

Sec. 603. Burden of proof in asylum proceedings. 

Sec. 604. Review of convention against torture grants and denials. 

Sec. 605. Time limit for decisions in administrative appeals. 

Sec. 606. Review of asylum claims. 

Sec. 607. Judicial review. 

TITLE VII—EMERGENCY IMMIGRATION WORKLOAD REDUCTION 

Sec. 701. Congressional finding. 

Sec. 702. Temporary suspension of visa waiver program. 

Sec. 703. Temporary suspension of adjustment of status applications. 

Sec. 704. Temporary suspension of renewals of temporary protected status. 

Sec. 705. Curtailment of visas for countries denying or delaying repatriation of 

nationals. 

Sec. 706. Waiver of suspensions. 

Sec. 707. Termination of temporary suspensions. 

Sec. 708. Effective date. 

TITLE VIII—REFORMING LEGAL IMMIGRATION 

Subtitle A—Promotion of Citizenship 

Sec. 801. Changes in naturalization requirements. 

Sec. 802. Oath of Renunciation and Allegiance. 

Subtitle B—Treatment of Nationals of State Sponsors of Terrorism 

Sec. 811. Treatment of nationals of State sponsors of terrorism. 

Subtitle C—Legal Immigration Reform 

Sec. 821. Extended family preference categories. 

Sec. 822. Employment third preference category. 

Sec. 823. Elimination of diversity immigrant program. 

Sec. 824. Refugee admissions. 

Sec. 825. Aliens subject to direct numerical limitations. 

Sec. 826. Education of family-sponsored immigrants. 

Sec. 827. Sponsorship levels. 

Sec. 828. Repeal of section 245(i). 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. Temporary protected status. 

Sec. 902. Good moral character. 

Sec. 903. Removal for aliens who make misrepresentations to procure benefits. 

Sec. 904. Designations of foreign terrorist organizations. 

Sec. 905. Foreign students. 

Sec. 906. Pay grade GS–15 available for trial attorneys. 

Sec. 907. Proof of identity of aliens seeking relief. 

Sec. 908. Following to join defined. 

Sec. 909. Information on foreign crimes.

1 (d) SEVERABILITY.—If any provision of this Act, or 

2 the application of such a provision to any person or cir-
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1 cumstance, is held to be unconstitutional, the remainder 

2 of this Act, and the application of the provisions of this 

3 Act to any other person or circumstance, shall not be af4 fected by such holding.

5 SEC. 2. CONGRESSIONAL FINDINGS. 

6 The Congress finds as follows: 

7 (1) Alien terrorists are not a distinct national 

8 security problem that is somehow separable from the 

9 interrelated problems of alien trafficking, alien crim10 inality, and illegal immigration driven by economic 

11 factors. 

12 (2) An effective counter-terrorism effort must 

13 assume that terrorists will take advantage of our 

14 permeable borders and the ability of illegal aliens to 

15 operate in the United States without any systematic 

16 effort to locate and remove them. 

17 (3) The capability to routinely and reliably de18 tect and locate non-citizens present in the United 

19 States, and accurately identify their immigration 

20 status, is the first essential line of defense against 

21 alien terrorist operations on United States territory. 

22 (4) A comprehensive strategy of interior en23 forcement that includes an automated work author24 ization verification system, penalties for employers 

25 who knowingly hire illegal aliens, and prompt re-
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1 moval of aliens found working without authorization 

2 is the only effective way to identify and control the 

3 large illegal alien population in the United States. 

4 (5) Suppression of illegal immigration through 

5 effective alien registration and document security 

6 programs is the most practical and effective means 

7 to protect the civic freedoms treasured by U.S. citi8 zens during periods of terrorist-related national se9 curity threats. 

10 TITLE I—SECURING THE 

11 BORDER 

12 Subtitle A—Prevention and Pun13 ishment of Criminal Smuggling, 

14 Transporting, and Harboring of 

15 Aliens 

16 SEC. 101. INCREASED PERSONNEL FOR INVESTIGATING 

17 ALIEN SMUGGLING. 

18 (a) IN GENERAL.—The Secretary of Homeland Secu19 rity, in each of the fiscal years 2004 through 2011, shall 

20 increase the number of positions for full-time, active-duty 

21 investigators or other enforcement personnel within the 

22 Department of Homeland Security who are assigned to 

23 combat alien smuggling by not less than 50 positions 

24 above the number of such positions for which funds were 

25 allotted for the preceding fiscal year. 
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—

2 (1) IN GENERAL.—In addition to funds other3 wise available for such purpose, there are authorized 

4 to be appropriated to the Department of Homeland 

5 Security such sums as may be necessary in each of 

6 the fiscal years 2004 through 2011 to carry out sub7 section (a), and to cover the operating expenses of 

8 the department in conducting undercover investiga9 tions of alien smuggling activities and in prosecuting 

10 violations of section 274(a)(1)(A) of the Immigra11 tion and Nationality Act (8 U.S.C. 1324(a)(1)(A)) 

12 (relating to alien smuggling), resulting from the in13 crease in personnel under subsection (a). 

14 (2) AVAILABILITY OF FUNDS.—Amounts appro15 priated pursuant to paragraph (1) are authorized to 

16 remain available until expended. 

17 (c) ALIEN SMUGGLING DEFINED.—In this section, 

18 the term ‘‘alien smuggling’’ means any act prohibited by 

19 section 274(a) of the Immigration and Nationality Act (8 

20 U.S.C. 1324(a)) or section 274A(a) of such Act (8 U.S.C. 

21 1324a(a)). 

22 SEC. 102. INCREASED CRIMINAL SENTENCES AND FINES 

23 FOR ALIEN SMUGGLING. 

24 (a) IN GENERAL.—Subject to subsection (b), pursu25 ant to its authority under section 994(p) of title 28, 
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1 United States Code, the United States Sentencing Com2 mission shall promulgate sentencing guidelines or amend 

3 existing sentencing guidelines for smuggling, transporting, 

4 harboring, or inducing aliens under sections 274(a)(1)(A) 

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

6 1324(a)(1)(A)) so as to—

7 (1) triple the minimum term of imprisonment 

8 under that section for offenses involving the smug9 gling, transporting, harboring, or inducing of—

10 (A) 1 to 5 aliens from 10 months to 30 

11 months; 

12 (B) 6 to 24 aliens from 18 months to 54 

13 months; 

14 (C) 25 to 100 aliens from 27 months to 81 

15 months; and 

16 (D) 101 aliens or more from 37 months to 

17 111 months; 

18 (2) increase the minimum level of fines for each 

19 of the offenses described in subparagraphs (A) 

20 through (D) of paragraph (1) to the greater of 

21 $25,000 per alien or 3 times the amount the defend22 ant received or expected to receive as compensation 

23 for the illegal activity; 

24 (3) increase by at least 2 offense levels above 

25 the applicable enhancement in effect on the date of 
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1 the enactment of this Act the sentencing enhance2 ments for intentionally or recklessly creating a sub3 stantial risk of serious bodily injury or causing bod4 ily injury, serious injury, or permanent or life 

5 threatening injury; 

6 (4) for actions causing death, increase the of7 fense level to be equivalent to that for involuntary 

8 manslaughter under section 1112 of title 18, United 

9 States Code; and 

10 (5) for corporations or other business entities 

11 that knowingly benefit from such offenses, increase 

12 the minimum level of fines for each of the offenses 

13 described in subparagraphs (A) through (D) of para14 graph (1) to $50,000 per alien employed directly, or 

15 indirectly through contract, by the corporation or 

16 entity. 

17 (b) EXCEPTION.—Subsection (a) shall not apply to 

18 an offense that involved the smuggling, transporting, or 

19 harboring only of the defendant’s spouse or child (or both 

20 the defendant’s spouse and child).

21 (c) DEADLINE.—The United States Sentencing Com22 mission shall carry out subsection (a) not later than the 

23 date that is 6 months after the date of the enactment of 

24 this Act. 
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1 SEC. 103. CHANGE TO SENTENCING GUIDELINES. 

2 In the exercise of its authority under section 994 of 

3 title 28, United States Code, the United States Sentencing 

4 Commission shall amend the Federal sentencing guidelines 

5 to provide that plea bargaining and other prosecutorial 

6 policies, and differences in those policies among different 

7 districts, are not a ground for imposing a sentence outside 

8 the applicable guidelines range for a violation of immigra9 tion law. 

10 SEC. 104. ENHANCED PENALTIES FOR PERSONS COMMIT11 TING OFFENSES WHILE ARMED. 

12 (a) IN GENERAL.—Section 924(c)(1) of title 18, 

13 United States Code, is amended—

14 (1) in subparagraph (A)—

15 (A) by inserting after ‘‘device)’’ the fol16 lowing: ‘‘or any violation of section 

17 274(a)(1)(A) of the Immigration and Nation18 ality Act’’; and 

19 (B) by striking ‘‘or drug trafficking 

20 crime—’’ and inserting ‘‘, drug trafficking 

21 crime, or violation of section 274(a)(1)(A) of 

22 the Immigration and Nationality Act—’’; and 

23 (2) in subparagraph (D)(ii), by striking ‘‘or 

24 drug trafficking crime’’ and inserting ‘‘, drug traf25 ficking crime, or violation of section 274(a)(1)(A) of 

26 the Immigration and Nationality Act’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act, and shall apply to offenses committed 

4 after such date. 

5 SEC. 105. DISCONTINUING GRANT OF VISAS TO NATIONALS 

6 OF COUNTRIES NOT COOPERATING IN COM7 BATTING ALIEN SMUGGLING. 

8 If the Secretary of Homeland Security determines 

9 that the government of a foreign country has not cooper10 ated fully with the United States, or has not taken ade11 quate steps on its own, to combat the smuggling of aliens 

12 into the United States from territory controlled by the 

13 state, the Secretary shall order consular officers in the 

14 country to discontinue granting immigrant or non15 immigrant visas, or both, to citizens, subjects, nationals, 

16 and residents of the country until the Secretary deter17 mines that the country has begun to cooperate fully, or 

18 has taken adequate steps, to combat such smuggling. 

19 Subtitle B—Border Personnel and 

20 Strategy 

21 SEC. 111. INCREASE IN FULL-TIME BORDER PATROL 

22 AGENTS. 

23 The Secretary of Homeland Security, in each of fiscal 

24 years 2004 through 2011, shall increase by not less than 

25 1,000 the number of positions for full-time active-duty 
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1 border patrol agents within the Department of Homeland 

2 Security above the number of positions for which funds 

3 were allotted for the preceding fiscal year. 

4 SEC. 112. REPORT ON NUMBER OF BORDER PATROL 

5 AGENTS NEEDED TO SECURE NORTHERN 

6 BORDER. 

7 (a) REPORT.—Not later than 1 year after the date 

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

9 the United States shall submit a report to the Committees 

10 on the Judiciary of the House of Representatives and the 

11 Senate on the number of border patrol agents needed to 

12 secure the northern border of the United States. 

13 (b) COOPERATION.—The Attorney General, the Sec14 retary of State, the Secretary of Defense, and the Sec15 retary of Homeland Security shall cooperate with the 

16 Comptroller General of the United States in carrying out 

17 this section. 

18 SEC. 113. USE OF ARMY AND AIR FORCE TO SECURE THE 

19 BORDER. 

20 Section 1385 of title 18, United States Code, is 

21 amended by inserting after ‘‘execute the laws’’ the fol22 lowing: ‘‘other than at or near a border of the United 

23 States in order to prevent aliens, terrorists, and drug 

24 smugglers from entering the United States’’. 
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1 SEC. 114. USE OF BORDER PROPERTY TO SECURE THE BOR2 DER. 

3 Section 102(c) of the Illegal Immigration Reform and 

4 Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 

5 note) is amended by striking ‘‘this section.’’ and inserting 

6 ‘‘this section and to secure the borders of the United 

7 States against aliens, terrorists, and drug smugglers.’’. 

8 SEC. 115. REPORT ON BORDER STRATEGY. 

9 (a) EVALUATION OF STRATEGY.—The Comptroller 

10 General of the United States shall track, monitor, and 

11 evaluate the Secretary of Homeland Security’s strategy to 

12 deter illegal entry in the United States to determine the 

13 efficacy of such strategy. 

14 (b) COOPERATION.—The Attorney General, the Sec15 retary of State, the Secretary of Defense, and the Sec16 retary of Homeland Security shall cooperate with the 

17 Comptroller General of the United States in carrying out 

18 subsection (a). 

19 (c) REPORT.—Not later than one year after the date 

20 of the enactment of this Act, and every year thereafter 

21 for the succeeding 5 years, the Comptroller General of the 

22 United States shall submit a report to the Committees on 

23 the Judiciary of the House of Representatives and of the 

24 Senate on the results of the activities undertaken under 

25 subsection (a) during the previous year. Each such report 

26 shall include an analysis of the degree to which the Sec-
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1 retary of Homeland Security’s strategy has been effective 

2 in reducing illegal entry. Each such report shall include 

3 a collection and systematic analysis of data, including 

4 workload indicators, related to activities to deter illegal 

5 entry and recommendations to improve and increase bor6 der security at the border and ports of entry. 

7 TITLE II—SCREENING ALIENS 

8 SEEKING ADMISSION 

9 SEC. 201. INCREASE IN FULL-TIME INSPECTORS. 

10 (a) IN GENERAL.—The Secretary of Homeland Secu11 rity, in each of fiscal years 2004 through 2011, shall in12 crease by not less than 250 the number of positions for 

13 full-time inspectors within the Department of Homeland 

14 Security above the number of positions for which funds 

15 were allotted for the preceding fiscal year. 

16 (b) REPEAL.—Section 101(a)(1) of the Enhanced 

17 Border Security and Visa Entry Reform Act of 2002 

18 (Public Law 107–173) is repealed. 

19 SEC. 202. VISA WAIVER PROGRAM. 

20 (a) PASSPORT REQUIREMENTS.—Section 217(a)(3) 

21 (8 U.S.C. 1187(a)(3)) is amended to read as follows: 

22 ‘‘(3) MACHINE-READABLE, TAMPER-RESISTANT

23 PASSPORT WITH BIOMETRIC IDENTIFIERS.—On and 

24 after October 1, 2005, the alien at the time of appli-
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1 cation for admission is in possession of a valid unex2 pired machine-readable passport that—

3 ‘‘(A) satisfies the internationally accepted 

4 standard for machine readability; 

5 ‘‘(B) is tamper-resistant; and 

6 ‘‘(C) incorporates biometric and document 

7 authentification identifiers that comply with ap8 plicable biometric and document identifying 

9 standards established by the International Civil 

10 Aviation Organization.’’. 

11 (b) REPEAL.—Section 303(c) of the Enhanced Bor12 der Security and Visa Entry Reform Act of 2002 (Public 

13 Law 107–173) is repealed. 

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

15 this section shall take effect on October 1, 2005.

16 SEC. 203. CONSULAR OFFICER INTERVIEWS OF ALL VISA 

17 APPLICANTS. 

18 (a) IN GENERAL.—Section 221 (8 U.S.C. 1201) is 

19 amended by adding at the end the following:

20 ‘‘(j) Prior to the issuance of an immigrant or non21 immigrant visa to any alien, the consular officer shall re22 quire such alien to submit to an in-person interview in ac23 cordance with such regulations as may be prescribed.’’. 

24 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to carry out the amend-
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1 ment made by subsection (a) such sums as may be nec2 essary for fiscal years 2004 through 2011. 

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

4 subsection (a) shall apply to visas issued after October 1, 

5 2003. 

6 SEC. 204. RECODIFICATION AND REFORM OF GROUNDS OF 

7 INADMISSIBILITY. 

8 (a) TRANSFER AND REDESIGNATION.—Section 212 

9 (8 U.S.C. 1182) is amended—

10 (1) by transferring subsection (e) to the end of 

11 section 222 (8 U.S.C. 1202) and redesignating it as 

12 subsection (h); 

13 (2) by transferring subsections (j), (m), (n), 

14 and (q) to the end of section 214 (8 U.S.C. 1202) 

15 and redesignating them as subsections (s), (t), (u), 

16 and (v), respectively; and 

17 (3) by amending the remainder of such section 

18 to read as follows: 

19 ‘‘GENERAL CLASSES OF ALIENS INELIGIBLE TO RECEIVE

20 VISAS AND INELIGIBLE FOR ADMISSION; WAIVERS OF

21 INADMISSIBILITY

22 ‘‘SEC. 212. (a) CLASSES OF ALIENS INELIGIBLE FOR

23 VISAS OR ADMISSION.—Except as otherwise provided in 

24 this Act, aliens who are inadmissible under the following 

25 paragraphs are ineligible to receive visas and ineligible to 

26 be admitted to the United States: 
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1 ‘‘(1) HEALTH-RELATED GROUNDS.—

2 ‘‘(A) IN GENERAL.—Any alien—

3 ‘‘(i) who is determined (in accordance 

4 with regulations prescribed by the Sec5 retary of Health and Human Services) to 

6 have a communicable disease of public 

7 health significance, which shall include in8 fection with the etiologic agent for ac9 quired immune deficiency syndrome; 

10 ‘‘(ii) except as provided in subpara11 graph (C), who seeks admission as an im12 migrant, or who seeks adjustment of status 

13 to the status of an alien lawfully admitted 

14 for permanent residence, and who has 

15 failed to present documentation of having 

16 received vaccination against vaccine-pre17 ventable diseases, which shall include at 

18 least the following diseases: mumps, mea19 sles, rubella, polio, tetanus and diphtheria 

20 toxoids, pertussis, influenza type B and 

21 hepatitis B, and any other vaccinations 

22 against vaccine-preventable diseases rec23 ommended by the Advisory Committee for 

24 Immunization Practices; 
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1 ‘‘(iii) who is determined (in accord2 ance with regulations prescribed by the 

3 Secretary of Health and Human Services 

4 in consultation with the Secretary of 

5 Homeland Security)—

6 ‘‘(I) to have a physical or mental 

7 disorder and behavior associated with 

8 the disorder that may pose, or has 

9 posed, a threat to the property, safety, 

10 or welfare of the alien or others; or 

11 ‘‘(II) to have had a physical or 

12 mental disorder and a history of be13 havior associated with the disorder, 

14 which behavior has posed a threat to 

15 the property, safety, or welfare of the 

16 alien or others and which behavior is 

17 likely to recur or to lead to other 

18 harmful behavior; or 

19 ‘‘(iv) who is determined (in accord20 ance with regulations prescribed by the 

21 Secretary of Health and Human Services) 

22 to be a drug abuser or addict, 

23 is inadmissible. 
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1 ‘‘(B) WAIVER AUTHORIZED.—For provi2 sion authorizing waiver of certain clauses of 

3 subparagraph (A), see subsection (e). 

4 ‘‘(C) EXCEPTION FROM IMMUNIZATION RE5 QUIREMENT FOR ADOPTED CHILDREN 10 YEARS

6 OF AGE OR YOUNGER.—Clause (ii) of subpara7 graph (A) shall not apply to a child who—

8 ‘‘(i) is 10 years of age or younger; 

9 ‘‘(ii) is described in section 

10 101(b)(1)(F); and 

11 ‘‘(iii) is seeking an immigrant visa as 

12 an immediate relative under section 

13 201(b), 

14 if, prior to the admission of the child, an adop15 tive parent or prospective adoptive parent of the 

16 child, who has sponsored the child for admis17 sion as an immediate relative, has executed an 

18 affidavit stating that the parent is aware of the 

19 provisions of subparagraph (A)(ii) and will en20 sure that, within 30 days of the child’s admis21 sion, or at the earliest time that is medically 

22 appropriate, the child will receive the vaccina23 tions identified in such subparagraph. 

24 ‘‘(2) CRIMINAL AND RELATED GROUNDS.—

25 ‘‘(A) CONVICTION OF CERTAIN CRIMES.—
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1 ‘‘(i) IN GENERAL.—Except as pro2 vided in clause (ii), any alien convicted of, 

3 or who admits having committed, or who 

4 admits committing acts which constitute 

5 the essential elements of—

6 ‘‘(I) a crime involving moral tur7 pitude (other than a purely political 

8 offense) or an attempt or conspiracy 

9 to commit such a crime; or 

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

12 or regulation of a State, the United 

13 States, or a foreign country relating 

14 to a controlled substance (as defined 

15 in section 102 of the Controlled Sub16 stances Act (21 U.S.C. 802)), 

17 is inadmissible. 

18 ‘‘(ii) EXCEPTION.—Clause (i)(I) shall 

19 not apply to an alien who committed only 

20 one crime if—

21 ‘‘(I) the crime was committed 

22 when the alien was under 18 years of 

23 age, and the crime was committed 

24 (and the alien released from any con25 finement to a prison or correctional 
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1 institution imposed for the crime) 

2 more than 5 years before the date of 

3 application for a visa or other docu4 mentation and the date of application 

5 for admission to the United States; or 

6 ‘‘(II) the maximum penalty pos7 sible for the crime of which the alien 

8 was convicted (or which the alien ad9 mits having committed or of which the 

10 acts that the alien admits having com11 mitted constituted the essential ele12 ments) did not exceed imprisonment 

13 for one year and, if the alien was con14 victed of such crime, the alien was not 

15 sentenced to a term of imprisonment 

16 in excess of 6 months (regardless of

17 the extent to which the sentence was 

18 ultimately executed). 

19 ‘‘(B) MULTIPLE CRIMINAL CONVIC20 TIONS.—Any alien convicted of 2 or more of21 fenses (other than purely political offenses), re22 gardless of whether the conviction was in a sin23 gle trial or whether the offenses arose from a 

24 single scheme of misconduct and regardless of 

25 whether the offenses involved moral turpitude, 
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1 for which the aggregate sentences to confine2 ment were 5 years or more is inadmissible. 

3 ‘‘(C) CONTROLLED SUBSTANCE TRAF4 FICKERS.—Any alien who the consular officer 

5 or the Secretary of Homeland Security knows 

6 or has reason to believe—

7 ‘‘(i) is or has been an illicit trafficker 

8 in any controlled substance or in any listed 

9 chemical (as defined in section 102 of the 

10 Controlled Substances Act (21 U.S.C. 

11 802)), or is or has been a knowing aider, 

12 abettor, assistant, conspirator, or colluder 

13 with others in the illicit trafficking in any 

14 such controlled or listed substance or 

15 chemical, or endeavored to do so; or 

16 ‘‘(ii) is the spouse, son, or daughter of 

17 an alien inadmissible under clause (i), has, 

18 within the previous 5 years, obtained any 

19 financial or other benefit from the illicit 

20 activity of that alien, and knew or reason21 ably should have known that the financial 

22 or other benefit was the product of such il23 licit activity, 

24 is inadmissible. 
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•HR 3522 IH 

1 ‘‘(D) PROSTITUTION AND COMMER2 CIALIZED VICE.—Any alien who—

3 ‘‘(i) is coming to the United States 

4 solely, principally, or incidentally to engage 

5 in prostitution, or has engaged in prostitu6 tion within 10 years of the date of applica7 tion for a visa, admission, or adjustment of 

8 status; 

9 ‘‘(ii) directly or indirectly procures or 

10 attempts to procure, or (within 10 years of 

11 the date of application for a visa, entry, or 

12 adjustment of status) procured or at13 tempted to procure or to import, pros14 titutes or persons for the purpose of pros15 titution, or receives or (within such 10-

16 year period) received, in whole or in part, 

17 the proceeds of prostitution; or 

18 ‘‘(iii) is coming to the United States 

19 to engage in any other unlawful commer20 cialized vice, whether or not related to 

21 prostitution, 

22 is inadmissible. 

23 ‘‘(E) CERTAIN ALIENS INVOLVED IN SERI24 OUS CRIMINAL ACTIVITY WHO HAVE ASSERTED

25 IMMUNITY FROM PROSECUTION.—Any alien—
25

•HR 3522 IH 

1 ‘‘(i) who has committed in the United 

2 States at any time a serious criminal of3 fense (as defined in section 101(h)); 

4 ‘‘(ii) for whom immunity from crimi5 nal jurisdiction was exercised with respect 

6 to that offense; 

7 ‘‘(iii) who as a consequence of the of8 fense and exercise of immunity has de9 parted from the United States; and 

10 ‘‘(iv) who has not subsequently sub11 mitted fully to the jurisdiction of the court 

12 in the United States having jurisdiction 

13 with respect to that offense, 

14 is inadmissible. 

15 ‘‘(F) WAIVER AUTHORIZED.—For provi16 sion authorizing waiver of certain subpara17 graphs of this paragraph, see subsection (f). 

18 ‘‘(G) SERIOUS HUMAN RIGHTS ABUSERS.—

19 Any serious human rights violator is inadmis20 sible as defined in section 101(a) (8 U.S.C. 

21 1101(a)) as amended. 

22 ‘‘(H) SIGNIFICANT TRAFFICKERS IN PER23 SONS.—

24 ‘‘(i) IN GENERAL.—Any alien who is 

25 listed in a report submitted pursuant to 
26

•HR 3522 IH 

1 section 111(b) of the Trafficking Victims 

2 Protection Act of 2000, or who the con3 sular officer or the Secretary of Homeland 

4 Security knows or has reason to believe is 

5 or has been a knowing aider, abettor, as6 sistant, conspirator, or colluder with such 

7 a trafficker in severe forms of trafficking 

8 in persons, as defined in section 103 of 

9 such Act, is inadmissible. 

10 ‘‘(ii) BENEFICIARIES OF TRAF11 FICKING.—Except as provided in clause 

12 (iii), any alien who the consular officer or 

13 the Secretary of Homeland Security knows 

14 or has reason to believe is the spouse, son, 

15 or daughter of an alien inadmissible under 

16 clause (i), has, within the previous 5 years, 

17 obtained any financial or other benefit 

18 from the illicit activity of that alien, and 

19 knew or reasonably should have known 

20 that the financial or other benefit was the 

21 product of such illicit activity, is inadmis22 sible. 

23 ‘‘(iii) EXCEPTION FOR CERTAIN SONS

24 AND DAUGHTERS.—Clause (ii) shall not 

25 apply to a son or daughter who was a child 
27

•HR 3522 IH 

1 at the time he or she received the benefit 

2 described in such clause. 

3 ‘‘(I) MONEY LAUNDERING.—Any alien—

4 ‘‘(i) who a consular officer, the Attor5 ney General, or the Secretary of Homeland 

6 Security knows, or has reason to believe, 

7 has engaged, is engaging, or seeks to enter 

8 the United States to engage, in an offense 

9 which is described in section 1956 or 1957 

10 of title 18, United States Code (relating to 

11 laundering of monetary instruments); or 

12 ‘‘(ii) who a consular officer, the Attor13 ney General, or the Secretary of Homeland 

14 Security knows is, or has been, a knowing 

15 aider, abettor, assistant, conspirator, or 

16 colluder with others in an offense which is 

17 described in such section, 

18 is inadmissible. 

19 ‘‘(J) AGGRAVATED FELONY.—

20 ‘‘(i) IN GENERAL.—Any alien con21 victed of an aggravated felony is inadmis22 sible.

23 ‘‘(ii) WAIVER AUTHORIZED.—Clause 

24 (i) shall not apply in the case of an alien 

25 with respect to a criminal conviction if the 
28

•HR 3522 IH 

1 alien subsequent to the criminal conviction 

2 has been granted a full and unconditional 

3 pardon by the President of the United 

4 States or by the Governor of any State. 

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

6 alien who is convicted under any law of pur7 chasing, selling, offering for sale, exchanging, 

8 using, owning, possessing, or carrying, or of at9 tempting or conspiring to purchase, sell, offer 

10 for sale, exchange, use, own, possess, or carry, 

11 any weapon, part, or accessory which is a fire12 arm or destructive device (as defined in section 

13 921(a) of title 18, United States Code) in viola14 tion of any law is inadmissible.

15 ‘‘(3) SECURITY AND RELATED GROUNDS.—

16 ‘‘(A) IN GENERAL.—Any alien who a con17 sular officer, the Attorney General, or the Sec18 retary of Homeland Security knows, or has rea19 sonable ground to believe, seeks to enter the 

20 United States to engage solely, principally, or 

21 incidentally in—

22 ‘‘(i) any activity—

23 ‘‘(I) to violate any law of the 

24 United States relating to espionage or 

25 sabotage; or 
29

•HR 3522 IH 

1 ‘‘(II) to violate or evade any law 

2 prohibiting the export from the 

3 United States of goods, technology, or 

4 sensitive information; 

5 ‘‘(ii) any other unlawful activity, in6 cluding participation in a criminal enter7 prise, conspiracy, or scheme; or 

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

9 is the opposition to, or the control or over10 throw of, the Government of the United 

11 States by force, violence, or other unlawful 

12 means, 

13 is inadmissible. 

14 ‘‘(B) TERRORIST ACTIVITIES.—

15 ‘‘(i) IN GENERAL.—Any alien who—

16 ‘‘(I) has engaged in a terrorist 

17 activity; 

18 ‘‘(II) a consular officer, the At19 torney General, or the Secretary of 

20 Homeland Security knows, or has rea21 sonable ground to believe, is engaged 

22 in or is likely to engage after entry in 

23 any terrorist activity (as defined in 

24 clause (iv)); 
30

•HR 3522 IH 

1 ‘‘(III) has, under circumstances 

2 indicating an intention to cause death 

3 or serious bodily harm, incited ter4 rorist activity; 

5 ‘‘(IV) is a representative (as de6 fined in clause (v)) of—

7 ‘‘(aa) a terrorist organiza8 tion; or 

9 ‘‘(bb) a political, social, or 

10 other group that endorses or es11 pouses terrorist activity; 

12 ‘‘(V) is a member of a terrorist 

13 organization; 

14 ‘‘(VI) endorses or espouses ter15 rorist activity or persuades others to 

16 endorse or espouse terrorist activity or 

17 support a terrorist organization; 

18 ‘‘(VII) had information about an 

19 activity that the alien knew, or should 

20 have known, was a terrorist activity 

21 (before or after such activity occurred 

22 or while it was ongoing), knew, or 

23 should have known, that such infor24 mation was not public information, 
31

•HR 3522 IH 

1 and failed to report such information 

2 to a governmental authority; or 

3 ‘‘(VIII) is the spouse or child of 

4 an alien who is inadmissible under 

5 this subparagraph, if the activity 

6 causing the alien to be found inadmis7 sible occurred within the last 5 years, 

8 is inadmissible. An alien who is an officer, 

9 official, representative, or spokesman of 

10 the Palestine Liberation Organization is 

11 considered, for purposes of this Act, to be 

12 engaged in a terrorist activity. 

13 ‘‘(ii) EXCEPTION.—Subclause (VII) of 

14 clause (i) does not apply to a spouse or 

15 child—

16 ‘‘(I) who did not know or should 

17 not reasonably have known of the ac18 tivity causing the alien to be found in19 admissible under this subparagraph; 

20 or 

21 ‘‘(II) whom the consular officer, 

22 the Attorney General, or the Secretary 

23 of Homeland Security has reasonable 

24 grounds to believe has renounced the 
32

•HR 3522 IH 

1 activity causing the alien to be found 

2 inadmissible under this subparagraph. 

3 ‘‘(iii) TERRORIST ACTIVITY DE4 FINED.—As used in this subparagraph, the 

5 term ‘terrorist activity’ means any activity 

6 which is unlawful under the laws of the 

7 place where it is committed (or which, if it 

8 had been or were to be committed in the 

9 United States, would be unlawful under 

10 the laws of the United States or any State) 

11 and which involves any of the following: 

12 ‘‘(I) The hijacking or sabotage of 

13 any conveyance (including an aircraft, 

14 vessel, or vehicle). 

15 ‘‘(II) The seizing or detaining, 

16 and threatening to kill, injure, or con17 tinue to detain, another individual in 

18 order to compel a third person (in19 cluding a governmental organization) 

20 to do or abstain from doing any act as 

21 an explicit or implicit condition for 

22 the release of the individual seized or 

23 detained. 

24 ‘‘(III) A violent attack upon an 

25 internationally protected person (as 
33

•HR 3522 IH 

1 defined in section 1116(b)(4) of title 

2 18, United States Code) or upon the 

3 liberty of such a person. 

4 ‘‘(IV) An assassination. 

5 ‘‘(V) The use of any—

6 ‘‘(aa) biological agent, chem7 ical agent, or nuclear weapon or 

8 device; or 

9 ‘‘(bb) explosive, firearm, or 

10 other weapon or dangerous device 

11 (other than for mere personal 

12 monetary gain), 

13 with intent to endanger, directly or in14 directly, the safety of one or more in15 dividuals or to cause substantial dam16 age to property. 

17 ‘‘(VI) A threat, attempt, or con18 spiracy to do any of the foregoing. 

19 ‘‘(iv) ENGAGE IN TERRORIST ACTIVITY

20 DEFINED.—As used in this subparagraph, 

21 the term ‘engage in terrorist activity’ 

22 means, in an individual capacity or as a 

23 member of an organization—

24 ‘‘(I) to commit or to incite to 

25 commit, under circumstances indi-
34

•HR 3522 IH 

1 cating an intention to cause death or 

2 serious bodily injury, a terrorist activ3 ity; 

4 ‘‘(II) to prepare or plan a ter5 rorist activity; 

6 ‘‘(III) to gather information on 

7 potential targets for terrorist activity; 

8 ‘‘(IV) to solicit funds or other 

9 things of value for—

10 ‘‘(aa) a terrorist activity; 

11 ‘‘(bb) a terrorist organiza12 tion described in clause (vi)(I) or 

13 (vi)(II); or 

14 ‘‘(cc) a terrorist organiza15 tion described in clause (vi)(III), 

16 unless the solicitor can dem17 onstrate by clear and convincing 

18 evidence that he did not know, 

19 and should not reasonably have 

20 known, that the organization was 

21 a terrorist organization; 

22 ‘‘(V) to solicit any individual—

23 ‘‘(aa) to engage in conduct 

24 otherwise described in this 

25 clause; 
35

•HR 3522 IH 

1 ‘‘(bb) for membership in a 

2 terrorist organization described 

3 in clause (vi)(I) or (vi)(II); or 

4 ‘‘(cc) for membership in a 

5 terrorist organization described 

6 in clause (vi)(III), unless the so7 licitor can demonstrate by clear 

8 and convincing evidence that he 

9 did not know, and should not 

10 reasonably have known, that the 

11 organization was a terrorist orga12 nization; or 

13 ‘‘(VI) to commit an act that the 

14 actor knows, or reasonably should 

15 know, affords material support, in16 cluding a safe house, transportation, 

17 communications, funds, transfer of 

18 funds or other material financial ben19 efit, false documentation or identifica20 tion, weapons (including chemical, bi21 ological, or radiological weapons), ex22 plosives, or training— 

23 ‘‘(aa) for the commission of 

24 a terrorist activity; 
36

•HR 3522 IH 

1 ‘‘(bb) to any individual who 

2 the actor knows, or reasonably 

3 should know, has committed or 

4 plans to commit a terrorist activ5 ity; or 

6 ‘‘(cc) to a terrorist organiza7 tion described in subclauses (I) 

8 through (III) of clause (vi). 

9 ‘‘(v) REPRESENTATIVE DEFINED.—As 

10 used in this subparagraph, the term ‘rep11 resentative’ includes an officer, official, or 

12 spokesman of an organization, and any 

13 person who directs, counsels, commands, 

14 or induces an organization or its members 

15 to engage in terrorist activity. 

16 ‘‘(vi) TERRORIST ORGANIZATION DE17 FINED.—As used in this section, the term 

18 ‘terrorist organization’ means an organiza19 tion—

20 ‘‘(I) designated under section 

21 219; 

22 ‘‘(II) otherwise designated, upon 

23 publication in the Federal Register, by 

24 the Secretary of State in consultation 

25 with or upon the request of the Attor-
37

•HR 3522 IH 

1 ney General or the Secretary of 

2 Homeland Security, as a terrorist or3 ganization, after finding that the or4 ganization engages in the activities 

5 described in subclauses (I) through 

6 (VI) of clause (iv), or that the organi7 zation provides material support to 

8 further terrorist activity; or 

9 ‘‘(III) that is a group of two or 

10 more individuals, whether organized 

11 or not, which engages in, or has a 

12 subgroup which engages in, the activi13 ties described in subclauses (I) 

14 through (VI) of clause (iv). 

15 ‘‘(C) FOREIGN POLICY.—An alien whose 

16 entry or proposed activities in the United States 

17 the Secretary of State has reasonable ground to 

18 believe would have potentially serious adverse 

19 foreign policy consequences for the United 

20 States is inadmissible. 

21 ‘‘(D) IMMIGRANT MEMBERSHIP IN TOTALI22 TARIAN PARTY.—

23 ‘‘(i) IN GENERAL.—Any immigrant 

24 who is or has been a member of or affili25 ated with the Communist or any other to-
38

•HR 3522 IH 

1 talitarian party (or subdivision or affiliate 

2 thereof), domestic or foreign, is inadmis3 sible. 

4 ‘‘(ii) EXCEPTION FOR INVOLUNTARY

5 MEMBERSHIP.—Clause (i) shall not apply 

6 to an alien because of membership or affili7 ation if the alien establishes to the satis8 faction of the consular officer when apply9 ing for a visa (or to the satisfaction of the 

10 Secretary of Homeland Security when ap11 plying for admission) that the membership 

12 or affiliation is or was involuntary, or is or 

13 was solely when under 16 years of age, by 

14 operation of law, or for purposes of obtain15 ing employment, food rations, or other es16 sentials of living and necessary for such 

17 purposes. 

18 ‘‘(iii) EXCEPTION FOR PAST MEMBER19 SHIP.—Clause (i) shall not apply to an 

20 alien because of membership or affiliation 

21 if the alien establishes to the satisfaction 

22 of the consular officer when applying for a 

23 visa (or to the satisfaction of the Secretary 

24 of Homeland Security when applying for 

25 admission) that—
39

•HR 3522 IH 

1 ‘‘(I) the membership or affiliation 

2 terminated at least—

3 ‘‘(aa) 2 years before the 

4 date of such application; or 

5 ‘‘(bb) 5 years before the 

6 date of such application, in the 

7 case of an alien whose member8 ship or affiliation was with the 

9 party controlling the government 

10 of a foreign state that is a totali11 tarian dictatorship as of such 

12 date; and 

13 ‘‘(II) the alien is not a threat to 

14 the security of the United States. 

15 ‘‘(E) PARTICIPANTS IN NAZI PERSECU16 TIONS.—Any alien who, during the period be17 ginning on March 23, 1933, and ending on May 

18 8, 1945, under the direction of, or in associa19 tion with—

20 ‘‘(i) the Nazi government of Germany; 

21 ‘‘(ii) any government in any area oc22 cupied by the military forces of the Nazi 

23 government of Germany; 
40

•HR 3522 IH 

1 ‘‘(iii) any government established with 

2 the assistance or cooperation of the Nazi 

3 government of Germany; or 

4 ‘‘(iv) any government which was an 

5 ally of the Nazi government of Germany, 

6 ordered, incited, assisted, or otherwise partici7 pated in the persecution of any person because 

8 of race, religion, national origin, or political 

9 opinion, is inadmissible. 

10 ‘‘(F) ASSOCIATION WITH TERRORIST ORGA11 NIZATIONS.—Any alien who the Secretary of 

12 Homeland Security or the Attorney General de13 termines has been associated with a terrorist 

14 organization and intends while in the United 

15 States to engage solely, principally, or inciden16 tally in activities that could endanger the wel17 fare, safety, or security of the United States is 

18 inadmissible.

19 ‘‘(G) NATIONAL SECURITY CON20 SEQUENCES.—An alien whose entry or proposed 

21 activities in the United States the Attorney 

22 General or the Secretary of Homeland Security 

23 has reasonable grounds to believe would have 

24 potentially serious adverse consequences for the 
41

•HR 3522 IH 

1 national security of the United States is inad2 missible. 

3 ‘‘(H) SERIOUS FOREIGN CRIMES.—An 

4 alien whom the Secretary of Homeland Security 

5 or the Attorney General has reason to believe is 

6 charged with or has committed a serious crimi7 nal offense (other than a purely political of8 fense) in a country other than the United 

9 States is inadmissible. 

10 ‘‘(4) PUBLIC CHARGE.—

11 ‘‘(A) IN GENERAL.—Any alien who, in the 

12 opinion of the consular officer or the Secretary 

13 of Homeland Security at the time of application 

14 for a visa, or in the opinion of the Secretary of 

15 Homeland Security at the time of application 

16 for admission or adjustment of status, is likely 

17 at any time to become a public charge is inad18 missible. 

19 ‘‘(B) FACTORS TO BE TAKEN INTO AC20 COUNT.—

21 ‘‘(i) IN GENERAL.—In determining 

22 whether an alien is inadmissible under this 

23 paragraph, the consular officer or the Sec24 retary of Homeland Security shall at a 

25 minimum consider the alien’s—
42

•HR 3522 IH 

1 ‘‘(I) age; 

2 ‘‘(II) health; 

3 ‘‘(III) family status; 

4 ‘‘(IV) assets, resources, and fi5 nancial status; and 

6 ‘‘(V) education and skills. 

7 ‘‘(ii) AFFIDAVIT OF SUPPORT.—In ad8 dition to the factors under clause (i), the 

9 consular officer or the Secretary of Home10 land Security may also consider any affi11 davit of support under section 213A for 

12 purposes of exclusion under this para13 graph. 

14 ‘‘(C) FAMILY-SPONSORED IMMIGRANTS.—

15 Any alien who seeks admission or adjustment of 

16 status under a visa number issued under sec17 tion 201(b)(2) or 203(a) is inadmissible under 

18 this paragraph unless—

19 ‘‘(i) the alien has obtained—

20 ‘‘(I) status as a spouse or a child 

21 of a United States citizen pursuant to 

22 clause (ii), (iii), or (iv) of section 

23 204(a)(1)(A); or 
43

•HR 3522 IH 

1 ‘‘(II) classification pursuant to 

2 clause (ii) or (iii) of section 

3 204(a)(1)(B); or 

4 ‘‘(ii) the person petitioning for the 

5 alien’s admission (including any additional 

6 sponsor required under section 213A(f)) 

7 has executed an affidavit of support de8 scribed in section 213A with respect to 

9 such alien. 

10 ‘‘(D) CERTAIN EMPLOYMENT-BASED IMMI11 GRANTS.—Any alien who seeks admission or ad12 justment of status under a visa number issued 

13 under section 203(b) by virtue of a classifica14 tion petition filed by a relative of the alien (or 

15 by an entity in which such relative has a signifi16 cant ownership interest) is inadmissible under 

17 this paragraph unless such relative has exe18 cuted an affidavit of support described in sec19 tion 213A with respect to such alien. 

20 ‘‘(5) LABOR CERTIFICATION AND QUALIFICA21 TIONS FOR CERTAIN IMMIGRANTS.—

22 ‘‘(A) LABOR CERTIFICATION.—

23 ‘‘(i) IN GENERAL.—Any alien who 

24 seeks to enter the United States for the 

25 purpose of performing skilled or unskilled 
44

•HR 3522 IH 

1 labor is inadmissible, unless the Secretary 

2 of Labor has determined and certified to 

3 the Secretary of State and the Secretary of 

4 Homeland Security that—

5 ‘‘(I) there are not sufficient 

6 workers who are able, willing, quali7 fied (or equally qualified in the case of 

8 an alien described in clause (ii)) and 

9 available at the time of application for 

10 a visa and admission to the United 

11 States and at the place where the 

12 alien is to perform such skilled or un13 skilled labor; and 

14 ‘‘(II) the employment of such 

15 alien will not adversely affect the 

16 wages and working conditions of 

17 workers in the United States similarly 

18 employed, nor displace a United 

19 States citizen currently employed by 

20 the entity requesting labor certifi21 cation. 

22 ‘‘(ii) CERTAIN ALIENS SUBJECT TO

23 SPECIAL RULE.—For purposes of clause 

24 (i)(I), an alien described in this clause is 

25 an alien who—
45

•HR 3522 IH 

1 ‘‘(I) is a member of the teaching 

2 profession; or 

3 ‘‘(II) has exceptional ability in 

4 the sciences or the arts. 

5 ‘‘(iii) PROFESSIONAL ATHLETES.—

6 ‘‘(I) IN GENERAL.—A certifi7 cation made under clause (i) with re8 spect to a professional athlete shall 

9 remain valid with respect to the ath10 lete after the athlete changes em11 ployer, if the new employer is a team 

12 in the same sport as the team which 

13 employed the athlete when the athlete 

14 first applied for the certification. 

15 ‘‘(II) DEFINITION.—For pur16 poses of subclause (I), the term ‘pro17 fessional athlete’ means an individual 

18 who is employed as an athlete by—

19 ‘‘(aa) a team that is a mem20 ber of an association of 6 or 

21 more professional sports teams 

22 whose total combined revenues 

23 exceed $10,000,000 per year, if 

24 the association governs the con25 duct of its members and regu-
46

•HR 3522 IH 

1 lates the contests and exhibitions 

2 in which its member teams regu3 larly engage; or 

4 ‘‘(bb) any minor league 

5 team that is affiliated with such 

6 an association. 

7 ‘‘(B) UNQUALIFIED PHYSICIANS.—An 

8 alien who is a graduate of a medical school not 

9 accredited by a body or bodies approved for the 

10 purpose by the Secretary of Education (regard11 less of whether such school of medicine is in the 

12 United States) and who is coming to the United 

13 States principally to perform services as a 

14 member of the medical profession is inadmis15 sible, unless the alien (i) has passed parts I and 

16 II of the National Board of Medical Examiners 

17 Examination (or an equivalent examination as 

18 determined by the Secretary of Health and

19 Human Services) and (ii) is competent in oral 

20 and written English. For purposes of the pre21 vious sentence, an alien who is a graduate of 

22 a medical school shall be considered to have 

23 passed parts I and II of the National Board 

24 of Medical Examiners if the alien was fully and 

25 permanently licensed to practice medicine in a 
47

•HR 3522 IH 

1 State on January 9, 1978, and was practicing 

2 medicine in a State on that date. 

3 ‘‘(C) UNCERTIFIED FOREIGN HEALTH4 CARE WORKERS.—Subject to subsection (j), any 

5 alien who seeks to enter the United States for 

6 the purpose of performing labor as a health7 care worker, other than a physician, is inadmis8 sible unless the alien presents to the consular 

9 officer, or, in the case of an adjustment of sta10 tus, the Secretary of Homeland Security, a cer11 tificate from the Commission on Graduates of 

12 Foreign Nursing Schools, or a certificate from 

13 an equivalent independent credentialing organi14 zation approved by the Secretary of Homeland 

15 Security in consultation with the Secretary of 

16 Health and Human Services, verifying that—

17 ‘‘(i) the alien’s education, training, li18 cense, and experience—

19 ‘‘(I) meet all applicable statutory 

20 and regulatory requirements for entry 

21 into the United States under the clas22 sification specified in the application; 

23 ‘‘(II) are comparable with that 

24 required for an American health-care 

25 worker of the same type; and 
48

•HR 3522 IH 

1 ‘‘(III) are authentic and, in the 

2 case of a license, unencumbered; 

3 ‘‘(ii) the alien has the level of com4 petence in oral and written English consid5 ered by the Secretary of Health and 

6 Human Services, in consultation with the 

7 Secretary of Education, to be appropriate 

8 for health care work of the kind in which 

9 the alien will be engaged, as shown by an 

10 appropriate score on one or more nation11 ally recognized, commercially available, 

12 standardized assessments of the applicant’s 

13 ability to speak and write; and 

14 ‘‘(iii) if a majority of States licensing 

15 the profession in which the alien intends to 

16 work recognize a test predicting the suc17 cess on the profession’s licensing or certifi18 cation examination, the alien has passed 

19 such a test or has passed such an examina20 tion. 

21 For purposes of clause (ii), determination of the 

22 standardized tests required and of the minimum 

23 scores that are appropriate are within the sole 

24 discretion of the Secretary of Health and 
49

•HR 3522 IH 

1 Human Services and are not subject to further 

2 administrative or judicial review. 

3 ‘‘(D) APPLICATION OF GROUNDS.—The 

4 grounds for inadmissibility of aliens under sub5 paragraphs (A) and (B) shall apply to immi6 grants seeking admission or adjustment of sta7 tus under paragraph (2) or (3) of section 

8 203(b). 

9 ‘‘(6) ILLEGAL ENTRANTS AND IMMIGRATION

10 VIOLATORS.—

11 ‘‘(A) ALIENS PRESENT WITHOUT ADMIS12 SION OR PAROLE.—

13 ‘‘(i) IN GENERAL.—An alien present 

14 in the United States without being admit15 ted or paroled, or who arrives in the 

16 United States at any time or place other 

17 than as designated by the Secretary of 

18 Homeland Security is inadmissible. 

19 ‘‘(ii) EXCEPTION FOR CERTAIN BAT20 TERED WOMEN AND CHILDREN.—Clause 

21 (i) shall not apply to an alien who dem22 onstrates that—

23 ‘‘(I) the alien qualifies for immi24 grant status under subparagraph 
50

•HR 3522 IH 

1 (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of 

2 section 204(a)(1); 

3 ‘‘(II)(aa) the alien has been bat4 tered or subjected to extreme cruelty 

5 by a spouse or parent, or by a mem6 ber of the spouse’s or parent’s family 

7 residing in the same household as the 

8 alien and the spouse or parent con9 sented or acquiesced in such battery 

10 or cruelty, or 

11 ‘‘(bb) the alien’s child has been 

12 battered or subjected to extreme cru13 elty by a spouse or parent of the alien 

14 (without the active participation of 

15 the alien in the battery or cruelty) or 

16 by a member of the spouse’s or par17 ent’s family residing in the same 

18 household as the alien when the 

19 spouse or parent consented to or ac20 quiesced in such battery or cruelty 

21 and the alien did not actively partici22 pate in such battery or cruelty; and 

23 ‘‘(III) there was a substantial 

24 connection between the battery or cru25 elty described in subclause (I) or (II) 
51

•HR 3522 IH 

1 and the alien’s unlawful entry into the 

2 United States. 

3 ‘‘(B) FAILURE TO ATTEND REMOVAL PRO4 CEEDING.—Any alien who without reasonable 

5 cause fails or refuses to attend or remain in at6 tendance at a proceeding to determine the 

7 alien’s inadmissibility or deportability and who 

8 seeks admission to the United States within 5 

9 years of such alien’s subsequent departure or 

10 removal is inadmissible. 

11 ‘‘(C) MISREPRESENTATION.—

12 ‘‘(i) IN GENERAL.—Any alien who, by 

13 fraud or willfully misrepresenting a mate14 rial fact, seeks to procure (or has sought 

15 to procure or has procured) a visa, other 

16 documentation, or admission into the 

17 United States or other benefit provided 

18 under this Act for himself, herself, or any 

19 other alien, is inadmissible. 

20 ‘‘(ii) FALSELY CLAIMING CITIZEN21 SHIP.—

22 ‘‘(I) IN GENERAL.—Any alien 

23 who falsely represents, or has falsely 

24 represented, himself or herself to be a 

25 citizen of the United States for any 
52

•HR 3522 IH 

1 purpose or benefit under this Act (in2 cluding section 274A) or any other 

3 Federal or State law is inadmissible. 

4 ‘‘(II) EXCEPTION.—In the case 

5 of an alien making a representation 

6 described in subclause (I), if each nat7 ural parent of the alien (or, in the 

8 case of an adopted alien, each adop9 tive parent of the alien) is or was a 

10 citizen (whether by birth or natu11 ralization), the alien permanently re12 sided in the United States prior to at13 taining the age of 16, and the alien 

14 reasonably believed at the time of 

15 making such representation that he or 

16 she was a citizen, the alien shall not 

17 be considered to be inadmissible under 

18 any provision of this subsection based 

19 on such representation.

20 ‘‘(D) STOWAWAYS.—Any alien who is a 

21 stowaway is inadmissible. 

22 ‘‘(E) SMUGGLERS.—

23 ‘‘(i) IN GENERAL.—Any alien who at 

24 any time knowingly has encouraged, in25 duced, assisted, abetted, or aided any other 
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•HR 3522 IH 

1 alien to enter or to try to enter the United 

2 States in violation of law is inadmissible. 

3 ‘‘(ii) SPECIAL RULE IN THE CASE OF

4 FAMILY REUNIFICATION.—Clause (i) shall 

5 not apply in the case of an alien who is an 

6 eligible immigrant (as defined in section 

7 301(b)(1) of the Immigration Act of 

8 1990), was physically present in the 

9 United States on May 5, 1988, and is 

10 seeking admission as an immediate relative 

11 or under section 203(a)(2) (including 

12 under section 112 of the Immigration Act 

13 of 1990) or benefits under section 301(a) 

14 of the Immigration Act of 1990 if the 

15 alien, before May 5, 1988, has encouraged, 

16 induced, assisted, abetted, or aided only 

17 the alien’s spouse, parent, son, or daughter 

18 (and no other individual) to enter the 

19 United States in violation of law. 

20 ‘‘(iii) WAIVER AUTHORIZED.—For 

21 provision authorizing waiver of clause (i), 

22 see subsection (c)(6). 

23 ‘‘(F) SUBJECT OF CIVIL PENALTY.—An 

24 alien who is the subject of a final order for vio25 lation of section 274C is inadmissible. 
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•HR 3522 IH 

1 ‘‘(G) STUDENT VISA ABUSERS.—An alien 

2 who obtains the status of a nonimmigrant 

3 under section 101(a)(15)(F)(i) and who violates 

4 a term or condition of such status under section 

5 214(l) is inadmissible until the alien has been 

6 outside the United States for a continuous pe7 riod of 5 years after the date of the violation. 

8 ‘‘(H) CHANGE OF ADDRESS.—An alien 

9 who has failed to comply with section 262 is in10 admissible, unless the alien establishes to the 

11 satisfaction of the Secretary of Homeland Secu12 rity that such failure was reasonably excusable 

13 or was not willful. 

14 ‘‘(7) DOCUMENTATION REQUIREMENTS.—

15 ‘‘(A) IMMIGRANTS.—

16 ‘‘(i) IN GENERAL.—Except as other17 wise specifically provided in this Act, any 

18 immigrant at the time of application for 

19 admission—

20 ‘‘(I) who is not in possession of a 

21 valid unexpired immigrant visa, re22 entry permit, border crossing identi23 fication card, or other valid entry doc24 ument required by this Act, and a 

25 valid unexpired passport, or other 
55

•HR 3522 IH 

1 suitable travel document, or document 

2 of identity and nationality if such doc3 ument is required under the regula4 tions issued by the Secretary of 

5 Homeland Security under section 

6 211(a); or 

7 ‘‘(II) whose visa has been issued 

8 without compliance with the provi9 sions of section 203, 

10 is inadmissible. 

11 ‘‘(ii) WAIVER AUTHORIZED.—For pro12 vision authorizing waiver of clause (i), see 

13 subsection (g). 

14 ‘‘(B) NONIMMIGRANTS.—

15 ‘‘(i) IN GENERAL.—Any non16 immigrant who—

17 ‘‘(I) is not in possession of a 

18 passport valid for a minimum of six 

19 months from the date of the expira20 tion of the initial period of the alien’s 

21 admission or contemplated initial pe22 riod of stay authorizing the alien to 

23 return to the country from which the 

24 alien came or to proceed to and enter 
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•HR 3522 IH 

1 some other country during such pe2 riod; or 

3 ‘‘(II) is not in possession of a 

4 valid nonimmigrant visa or border 

5 crossing identification card at the 

6 time of application for admission, 

7 is inadmissible. 

8 ‘‘(ii) GENERAL WAIVER AUTHOR9 IZED.—For provision authorizing waiver of 

10 clause (i), see subsection (c)(2). 

11 ‘‘(8) INELIGIBLE FOR CITIZENSHIP.—

12 ‘‘(A) IN GENERAL.—Any immigrant who is 

13 permanently ineligible to citizenship is inadmis14 sible. 

15 ‘‘(B) DRAFT EVADERS.—Any person who 

16 has departed from or who has remained outside 

17 the United States to avoid or evade training or 

18 service in the armed forces in time of war or a 

19 period declared by the President to be a na20 tional emergency is inadmissible, except that 

21 this subparagraph shall not apply to an alien 

22 who at the time of such departure was a non23 immigrant and who is seeking to reenter the 

24 United States as a nonimmigrant. 

25 ‘‘(9) ALIENS PREVIOUSLY REMOVED.—
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•HR 3522 IH 

1 ‘‘(A) CERTAIN ALIENS PREVIOUSLY RE2 MOVED.—

3 ‘‘(i) ARRIVING ALIENS.—Any alien 

4 who has been ordered removed under sec5 tion 235(b)(1) or at the end of proceedings 

6 under section 240 initiated upon the 

7 alien’s arrival in the United States and 

8 who again seeks admission within 5 years 

9 of the date of such removal (or within 20 

10 years in the case of a second or subsequent 

11 removal or at any time in the case of an 

12 alien convicted of an aggravated felony) is 

13 inadmissible. 

14 ‘‘(ii) OTHER ALIENS.—Any alien not 

15 described in clause (i) who—

16 ‘‘(I) has been ordered removed 

17 under section 240 or any other provi18 sion of law; or 

19 ‘‘(II) departed the United States 

20 while an order of removal was out21 standing, 

22 and who seeks admission within 10 years 

23 of the date of such alien’s departure or re24 moval (or within 20 years of such date in 

25 the case of a second or subsequent removal 
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•HR 3522 IH 

1 or at any time in the case of an alien con2 victed of an aggravated felony) is inadmis3 sible. 

4 ‘‘(B) ALIENS UNLAWFULLY PRESENT.—

5 ‘‘(i) IN GENERAL.—Any alien (other 

6 than an alien lawfully admitted for perma7 nent residence) who—

8 ‘‘(I) was unlawfully present in 

9 the United States for a period of more 

10 than 180 days but less than 1 year, 

11 voluntarily departed the United States 

12 (whether or not pursuant to section 

13 244(e)) prior to the commencement of 

14 proceedings under section 235(b)(1) 

15 or section 240, and again seeks ad16 mission within 3 years of the date of 

17 such alien’s departure or removal; or

18 ‘‘(II) has been unlawfully present 

19 in the United States for one year or 

20 more, and who again seeks admission 

21 within 10 years of the date of such 

22 alien’s departure or removal from the 

23 United States, 

24 is inadmissible. 
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•HR 3522 IH 

1 ‘‘(ii) CONSTRUCTION OF UNLAWFUL

2 PRESENCE.—For purposes of this para3 graph, an alien is deemed to be unlawfully 

4 present in the United States if the alien is 

5 present in the United States after the expi6 ration of the period of stay authorized by 

7 the Secretary of Homeland Security or is 

8 present in the United States without being 

9 admitted or paroled. 

10 ‘‘(iii) EXCEPTIONS.—

11 ‘‘(I) MINORS.—No period of time 

12 in which an alien is under 18 years of 

13 age shall be taken into account in de14 termining the period of unlawful pres15 ence in the United States under 

16 clause (i). 

17 ‘‘(II) ASYLEES.—No period of 

18 time in which an alien has a bona fide 

19 application for asylum pending under 

20 section 208 shall be taken into ac21 count in determining the period of un22 lawful presence in the United States 

23 under clause (i) unless the alien dur24 ing such period was employed without 

25 authorization in the United States. 
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•HR 3522 IH 

1 ‘‘(III) FAMILY UNITY.—No pe2 riod of time in which the alien is a 

3 beneficiary of family unity protection 

4 pursuant to section 301 of the Immi5 gration Act of 1990 shall be taken 

6 into account in determining the period 

7 of unlawful presence in the United 

8 States under clause (i). 

9 ‘‘(IV) BATTERED WOMEN AND

10 CHILDREN.—Clause (i) shall not apply 

11 to an alien who would be described in 

12 paragraph (6)(A)(ii) if ‘violation of 

13 the terms of the alien’s nonimmigrant 

14 visa’ were substituted for ‘unlawful 

15 entry into the United States’ in sub16 clause (III) of that paragraph. 

17 ‘‘(iv) TOLLING FOR GOOD CAUSE.—In 

18 the case of an alien who—

19 ‘‘(I) has been lawfully admitted 

20 or paroled into the United States; 

21 ‘‘(II) has filed a nonfrivolous ap22 plication for a change or extension of 

23 status before the date of expiration of 

24 the period of stay authorized by the 

25 Secretary of Homeland Security; and
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•HR 3522 IH 

1 ‘‘(III) has not been employed 

2 without authorization in the United 

3 States before or during the pendency 

4 of such application, 

5 the calculation of the period of time speci6 fied in clause (i)(I) shall be tolled during 

7 the pendency of such application, but not 

8 to exceed 120 days. 

9 ‘‘(C) ALIENS UNLAWFULLY PRESENT

10 AFTER PREVIOUS IMMIGRATION VIOLATIONS.—

11 ‘‘(i) IN GENERAL.—Any alien who—

12 ‘‘(I) has been unlawfully present 

13 in the United States for an aggregate 

14 period of more than 1 year; or 

15 ‘‘(II) has been ordered removed 

16 under section 235(b)(1), section 240, 

17 or any other provision of law, 

18 and who enters or attempts to reenter the 

19 United States without being admitted is 

20 inadmissible. 

21 ‘‘(ii) EXCEPTION.—Clause (i) shall 

22 not apply to an alien seeking admission 

23 more than 10 years after the date of the 

24 alien’s last departure from the United 

25 States if, prior to the alien’s reembar-
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•HR 3522 IH 

1 kation at a place outside the United States 

2 or attempt to be readmitted from a foreign 

3 contiguous territory, the Secretary of 

4 Homeland Security has consented to the 

5 alien’s reapplying for admission. The Sec6 retary of Homeland Security in the Sec7 retary’s discretion may waive the provi8 sions of section 212(a)(9)(C)(i) in the case 

9 of an alien to whom the Secretary has 

10 granted classification under clause (iii), 

11 (iv), or (v) of section 204(a)(1)(A), or clas12 sification under clause (ii), (iii), or (iv) of 

13 section 204(a)(1)(B), in any case in which 

14 there is a direct connection between—

15 ‘‘(I) the alien’s having been bat16 tered or subjected to extreme cruelty; 

17 and 

18 ‘‘(II) the alien’s—

19 ‘‘(aa) removal; 

20 ‘‘(bb) departure from the 

21 United States; 

22 ‘‘(cc) reentry or reentries 

23 into the United States; or 

24 ‘‘(dd) attempted reentry into 

25 the United States. 
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•HR 3522 IH 

1 ‘‘(10) MISCELLANEOUS.—

2 ‘‘(A) PRACTICING POLYGAMISTS.—Any im3 migrant who is coming to the United States to 

4 practice polygamy is inadmissible. 

5 ‘‘(B) GUARDIAN REQUIRED TO ACCOMPANY

6 HELPLESS ALIEN.—Any alien—

7 ‘‘(i) who is accompanying another 

8 alien who is inadmissible and who is cer9 tified to be helpless from sickness, mental 

10 or physical disability, or infancy pursuant 

11 to section 232(c); and 

12 ‘‘(ii) whose protection or guardianship 

13 is determined to be required by the alien 

14 described in clause (i), 

15 is inadmissible. 

16 ‘‘(C) INTERNATIONAL CHILD ABDUC17 TION.—

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii), any alien who, after 

20 entry of an order by a court in the United 

21 States granting custody to a person of a 

22 United States citizen child who detains or 

23 retains the child, or withholds custody of 

24 the child, outside the United States from 

25 the person granted custody by that order, 
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•HR 3522 IH 

1 is inadmissible until the child is surren2 dered to the person granted custody by 

3 that order. 

4 ‘‘(ii) ALIENS SUPPORTING ABDUCTORS

5 AND RELATIVES OF ABDUCTORS.—Any 

6 alien who— 

7 ‘‘(I) is known by the Secretary of 

8 State to have intentionally assisted an 

9 alien in the conduct described in 

10 clause (i); 

11 ‘‘(II) is known by the Secretary 

12 of State to be intentionally providing 

13 material support or safe haven to an 

14 alien described in clause (i); or 

15 ‘‘(III) is a spouse (other than the 

16 spouse who is the parent of the ab17 ducted child), child (other than the

18 abducted child), parent, sibling, or 

19 agent of an alien described in clause 

20 (i), if such person has been designated 

21 by the Secretary of State at the Sec22 retary’s sole and unreviewable discre23 tion, is inadmissible until the child de24 scribed in clause (i) is surrendered to 

25 the person granted custody by the 
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•HR 3522 IH 

1 order described in that clause, and 

2 such person and child are permitted 

3 to return to the United States or such 

4 person’s place of residence. 

5 ‘‘(iii) EXCEPTIONS.—Clauses (i) and 

6 (ii) shall not apply— 

7 ‘‘(I) to a government official of 

8 the United States who is acting within 

9 the scope of his or her official duties; 

10 ‘‘(II) to a government official of 

11 any foreign government if the official 

12 has been designated by the Secretary 

13 of State at the Secretary’s sole and 

14 unreviewable discretion; or 

15 ‘‘(III) so long as the child is lo16 cated in a foreign state that is a party 

17 to the Convention on the Civil Aspects 

18 of International Child Abduction, 

19 done at The Hague on October 25, 

20 1980. 

21 ‘‘(D) UNLAWFUL VOTERS.—

22 ‘‘(i) IN GENERAL.—Any alien who has 

23 voted in violation of any Federal, State, or 

24 local constitutional provision, statute, ordi25 nance, or regulation is inadmissible. 
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•HR 3522 IH 

1 ‘‘(ii) EXCEPTION.—In the case of an 

2 alien who voted in a Federal, State, or 

3 local election (including an initiative, re4 call, or referendum) in violation of a lawful 

5 restriction of voting to citizens, if each nat6 ural parent of the alien (or, in the case of 

7 an adopted alien, each adoptive parent of 

8 the alien) is or was a citizen (whether by 

9 birth or naturalization), the alien perma10 nently resided in the United States prior to 

11 attaining the age of 16, and the alien rea12 sonably believed at the time of such viola13 tion that he or she was a citizen, the alien 

14 shall not be considered to be inadmissible 

15 under any provision of this subsection 

16 based on such violation. 

17 ‘‘(E) FORMER CITIZENS WHO RENOUNCED

18 CITIZENSHIP.—Any alien who is a former cit19 izen of the United States who officially re20 nounced United States citizenship is inadmis21 sible. 

22 ‘‘(b) NOTICES OF DENIALS.—

23 ‘‘(1) IN GENERAL.— Subject to paragraphs (2) 

24 and (3), if an alien’s application for a visa, for ad25 mission to the United States, or for adjustment of 
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•HR 3522 IH 

1 status is denied by an immigration or consular offi2 cer because the officer determines the alien to be in3 admissible under subsection (a), the officer shall 

4 provide the alien with a timely written notice that—

5 ‘‘(A) states the determination; and 

6 ‘‘(B) lists the specific provision or provi7 sions of law under which the alien is excludable 

8 or ineligible for entry or adjustment of status. 

9 ‘‘(2) WAIVER.—The Secretary of State or the 

10 Secretary of Homeland Security may waive the re11 quirements of paragraph (1) with respect to a par12 ticular alien or any class or classes of inadmissible 

13 aliens. 

14 ‘‘(3) INAPPLICABILITY.—Paragraph (1) does 

15 not apply to any alien inadmissible under paragraph 

16 (2) or (3) of subsection (a). 

17 ‘‘(c) SPECIAL RULES.—

18 ‘‘(1) ‘S’ NONIMMIGRANTS.—The Secretary of 

19 Homeland Security shall determine whether a 

20 ground for inadmissibility exists with respect to a 

21 nonimmigrant described in section 101(a)(15)(S). 

22 The Secretary, in the Secretary’s discretion, may 

23 waive the application of subsection (a) (other than 

24 paragraph (3)(E)) in the case of a nonimmigrant de25 scribed in section 101(a)(15)(S), if the Attorney 
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•HR 3522 IH 

1 General considers it to be in the national interest to 

2 do so. Nothing in this section shall be regarded as 

3 prohibiting the Secretary from instituting removal 

4 proceedings against an alien admitted as a non5 immigrant under section 101(a)(15)(S) for conduct 

6 committed after the alien’s admission into the 

7 United States, or for conduct or a condition that 

8 was not disclosed to the Secretary prior to the 

9 alien’s admission as a nonimmigrant under section 

10 101(a)(15)(S). 

11 ‘‘(2) DOCUMENTARY REQUIREMENTS FOR NON12 IMMIGRANTS.—Either or both of the requirements of 

13 subsection (a)(7)(B)(i) may be waived by the Sec14 retary of Homeland Security and the Secretary of 

15 State acting jointly—

16 ‘‘(A) on the basis of unforeseen emergency 

17 in individual cases; or 

18 ‘‘(B) in the case of aliens proceeding in im19 mediate and continuous transit through the 

20 United States under contracts authorized in 

21 section 238(c). 

22 ‘‘(3) PAROLE.—

23 ‘‘(A) IN GENERAL.—The Secretary of 

24 Homeland Security may, except as provided in 

25 subparagraph (B) or in section 214(f), in the 
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•HR 3522 IH 

1 discretion of the Secretary, parole into the 

2 United States a Cuban or Iraqi national or, in 

3 the case of nationals of other countries, tempo4 rarily under such conditions as the Secretary 

5 may prescribe only on a case-by-case basis for 

6 urgent humanitarian reasons or significant law 

7 enforcement reasons any alien applying for ad8 mission to the United States, but such parole 

9 shall not be regarded as an admission of the 

10 alien and when the purposes of such parole 

11 shall, in the opinion of the Secretary, have been 

12 served the alien shall forthwith return or be re13 turned to the custody from which the alien was 

14 paroled and thereafter the case shall continue 

15 to be dealt with in the same manner as that of 

16 any other applicant for admission to the United 

17 States. Parole on a temporary basis cannot ex18 ceed 120 days, unless for a significant law en19 forcement reason. The Secretary may not pa20 role into the United States an alien for urgent 

21 humanitarian reasons if the alien is inadmis22 sible under paragraph (2), (3), or (9) of sub23 section (a). 

24 ‘‘(B) REFUGEES.—The Secretary of 

25 Homeland Security may not parole into the 
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•HR 3522 IH 

1 United States an alien who is a refugee unless 

2 the Secretary determines that compelling rea3 sons in the public interest with respect to that 

4 particular alien require that the alien be pa5 roled into the United States rather than be ad6 mitted as a refugee under section 207. 

7 ‘‘(4) ALIENS ENTERING FROM GUAM, PUERTO

8 RICO, OR THE VIRGIN ISLANDS.—The provisions of 

9 subsection (a) (other than paragraph (7)) shall be 

10 applicable to any alien who shall leave Guam, Puerto 

11 Rico, or the Virgin Islands of the United States, and 

12 who seeks to enter the continental United States or 

13 any other place under the jurisdiction of the United 

14 States. Any alien described in this paragraph, who 

15 is denied admission to the United States, shall be

16 immediately removed in the manner provided by sec17 tion 241(c) of this Act. 

18 ‘‘(5) FOREIGN GOVERNMENT OFFICIALS.—

19 Upon a basis of reciprocity accredited officials of 

20 foreign governments, their immediate families, at21 tendants, servants, and personal employees may be 

22 admitted in immediate and continuous transit 

23 through the United States without regard to the 

24 provisions of this section except paragraphs (3)(A), 
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•HR 3522 IH 

1 (3)(B), (3)(C), and (7)(B) of subsection (a) of this 

2 section. 

3 ‘‘(6) SMUGGLERS.—The Secretary may, in the 

4 discretion of the Secretary for urgent humanitarian 

5 reasons, waive application of subsection (a)(6)(E)(i) 

6 in the case of any alien lawfully admitted for perma7 nent residence who temporarily proceeded abroad 

8 voluntarily and not under an order of removal, and 

9 who is otherwise admissible to the United States as 

10 a returning resident under section 211(b) if the 

11 alien has encouraged, induced, assisted, abetted, or 

12 aided only an individual who at the time of such ac13 tion was the alien’s spouse, parent, son, or daughter 

14 (and no other individual) to enter the United States 

15 in violation of law. 

16 ‘‘(7) ‘T’ NONIMMIGRANTS.—

17 ‘‘(A) DETERMINATION.—The Secretary of 

18 Homeland Security shall determine whether a 

19 ground for inadmissibility exists with respect to 

20 a nonimmigrant described in section 

21 101(a)(15)(T). 

22 ‘‘(B) WAIVER.—In addition to any other 

23 waiver that may be available under this section, 

24 in the case of a nonimmigrant described in sec25 tion 101(a)(15)(T), if the Secretary of Home-
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•HR 3522 IH 

1 land Security considers it to be in the national 

2 interest to do so, the Secretary, in the Sec3 retary’s discretion, may waive the application 

4 of—

5 ‘‘(i) paragraphs (1) and (4) of sub6 section (a); and 

7 ‘‘(ii) any other provision of such sub8 section (excluding paragraphs (2), (3), (8), 

9 (9)(A), (10)(C), (10)(D), and (10)(E)) if 

10 the activities rendering the alien inadmis11 sible under the provision were caused by 

12 the victimization described in section 

13 101(a)(15)(T)(i)(I). 

14 ‘‘(8) ‘U’ NONIMMIGRANTS.—

15 ‘‘(A) DETERMINATION.—The Secretary of 

16 Homeland Security shall determine whether a 

17 ground for inadmissibility exists with respect to 

18 a nonimmigrant described in section 

19 101(a)(15)(U). 

20 ‘‘(B) WAIVER.—In addition to any other 

21 waiver that may be available under this section, 

22 in the case of a nonimmigrant described in sec23 tion 101(a)(15)(U), if the Secretary of Home24 land Security considers it to be in the national 

25 interest to do so, the Secretary, in the Sec-
73

•HR 3522 IH 

1 retary’s discretion, may waive the application 

2 of—

3 ‘‘(i) paragraphs (1) and (4) of sub4 section (a); and 

5 ‘‘(ii) any other provision of such sub6 section (excluding paragraphs (2), (3), (8), 

7 (9)(A), (10)(C), (10)(D), and (10)(E)) if 

8 the activities rendering the alien inadmis9 sible under the provision were caused by 

10 the criminal activity described in section 

11 101(a)(15)(U)(iii). 

12 ‘‘(d) SUSPENSION OF ENTRY.—Whenever the Presi13 dent finds that the entry of any aliens or of any class of 

14 aliens into the United States would be detrimental to the 

15 interests of the United States, the President may by proc16 lamation, and for such period as the President shall deem 

17 necessary, suspend the entry of all aliens or any class of 

18 aliens as immigrants or nonimmigrants, or impose on the 

19 entry of aliens any restrictions the President may deem 

20 to be appropriate. Whenever the Secretary of Homeland 

21 Security finds that a commercial airline has failed to com22 ply with regulations of the Secretary relating to require23 ments of airlines for the detection of fraudulent documents 

24 used by passengers traveling to the United States (includ25 ing the training of personnel in such detection), the Sec-
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•HR 3522 IH 

1 retary may suspend the entry of some or all aliens trans2 ported to the United States by such airline. 

3 ‘‘(e) WAIVERS OF HEALTH-RELATED GROUNDS.—

4 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

5 Security may waive the application of—

6 ‘‘(A) subsection (a)(1)(A)(i) in the case of 

7 any alien who—

8 ‘‘(i) is the spouse or the unmarried 

9 son or daughter, or the minor unmarried 

10 lawfully adopted child, of a United States 

11 citizen, or of an alien lawfully admitted for 

12 permanent residence, or of an alien who 

13 has been issued an immigrant visa; 

14 ‘‘(ii) has a son or daughter who is a 

15 United States citizen, or an alien lawfully 

16 admitted for permanent residence, or an 

17 alien who has been issued an immigrant 

18 visa; or 

19 ‘‘(iii) qualifies for classification under 

20 clause (iii) or (iv) of section 204(a)(1)(A) 

21 or classification under clause (ii) or (iii) of 

22 section 204(a)(1)(B); 

23 in accordance with such terms, conditions, and 

24 controls, if any, including the giving of bond, as 

25 the Secretary of Homeland Security, in the dis-
75

•HR 3522 IH 

1 cretion of such Secretary after consultation 

2 with the Secretary of Health and Human Serv3 ices, may by regulation prescribe; 

4 ‘‘(B) subsection (a)(1)(A)(ii) in the case of 

5 any alien—

6 ‘‘(i) who receives vaccination against 

7 the vaccine-preventable disease or diseases 

8 for which the alien has failed to present 

9 documentation of previous vaccination; 

10 ‘‘(ii) for whom a civil surgeon, medical 

11 officer, or panel physician (as those terms 

12 are defined by section 34.2 of title 42, 

13 Code of Federal Regulations) certifies, ac14 cording to such regulations as the Sec15 retary of Health and Human Services may 

16 prescribe, that such vaccination would not 

17 be medically appropriate; or 

18 ‘‘(iii) under such circumstances as the 

19 Secretary of Homeland Security provides 

20 by regulation, with respect to whom the re21 quirement of such a vaccination would be 

22 contrary to the alien’s religious beliefs or 

23 moral convictions; or 

24 ‘‘(C) subsection (a)(1)(A)(iii) in the case of 

25 any alien, in accordance with such terms, condi-
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•HR 3522 IH 

1 tions, and controls, if any, including the giving 

2 of bond, as the Secretary of Homeland Secu3 rity, in the discretion of such Secretary after 

4 consultation with the Secretary of Health and 

5 Human Services, may by regulation prescribe. 

6 ‘‘(2) CERTIFICATE OF INSURANCE.—A waiver 

7 shall not be granted under this subsection unless the 

8 applicant has presented to the Secretary of Home9 land Security a valid certificate of insurance cov10 ering all medical and hospital expenses that might 

11 be incurred during the period such alien has been 

12 admitted to the United States. 

13 ‘‘(f) WAIVERS OF CRIMINAL AND RELATED

14 GROUNDS.—The Secretary of Homeland Security may, in 

15 the discretion of the Secretary, waive the application of

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

17 (a)(2) and subparagraph (A)(i)(II) of such subsection in18 sofar as it relates to a single offense of simple possession 

19 of 30 grams or less of marijuana if—

20 ‘‘(1)(A) in the case of any immigrant, it is es21 tablished to the satisfaction of the Secretary of 

22 Homeland Security that—

23 ‘‘(i) the alien is inadmissible only under 

24 subparagraph (D)(i) or (D)(ii) of such sub25 section or the activities for which the alien is 
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•HR 3522 IH 

1 inadmissible occurred more than 15 years be2 fore the date of the alien’s application for a 

3 visa, admission, or adjustment of status; 

4 ‘‘(ii) the admission to the United States of 

5 such alien would not be contrary to the national 

6 welfare, safety, or security of the United States; 

7 and 

8 ‘‘(iii) the alien has been rehabilitated; or 

9 ‘‘(B) in the case of an immigrant who is the 

10 spouse, parent, son, or daughter of a citizen of the 

11 United States or an alien lawfully admitted for per12 manent residence, if it is established to the satisfac13 tion of the Secretary that the alien’s denial of ad14 mission would result in exceptional and extremely 

15 unusual hardship to the United States citizen or 

16 lawfully resident spouse, parent, son, or daughter of 

17 such alien; and 

18 ‘‘(2) the Secretary, in the discretion of the Sec19 retary, and pursuant to such terms, conditions, and 

20 procedures as the Secretary may by regulations pre21 scribe, has consented to the alien’s applying or re22 applying for a visa, for admission to the United 

23 States, or adjustment of status. 

24 No waiver shall be provided under this subsection in the 

25 case of an alien who has been convicted of (or who has 
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•HR 3522 IH 

1 admitted committing acts that constitute) murder or 

2 criminal acts involving torture, or an attempt or con3 spiracy to commit murder or a criminal act involving tor4 ture. No waiver shall be granted under this subsection in 

5 the case of an alien who has previously been admitted to 

6 the United States as an alien lawfully admitted for perma7 nent residence if either since the date of such admission 

8 the alien has been convicted of an aggravated felony or 

9 the alien has not lawfully resided continuously in the 

10 United States for a period of not less than 7 years imme11 diately preceding the date of initiation of proceedings to 

12 remove the alien from the United States. No waiver shall 

13 be granted under this subsection in the case of any alien 

14 who is present in the United States after the expiration 

15 of the period of stay authorized by the Secretary of Home16 land Security or is present in the United States without 

17 being admitted or paroled if either the alien has been con18 victed of an aggravated felony committed in the United 

19 States or the alien has not resided continuously in the 

20 United States for a period of not less than 7 years imme21 diately preceding the date of initiation of proceedings to 

22 remove the alien from the United States. No court shall 

23 have jurisdiction to review a decision of the Secretary of 

24 Homeland Security to grant or deny a waiver under this 

25 subsection. 
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1 ‘‘(g) ALIENS HAVING IMMIGRANT VISAS.—Any alien, 

2 inadmissible to the United States under paragraph (5)(A) 

3 or (7)(A)(i) of subsection (a), who is in possession of an 

4 immigrant visa may, if otherwise admissible, be admitted 

5 in the discretion of the Secretary of Homeland if the Sec6 retary is satisfied that inadmissibility was not known to, 

7 and could not have been ascertained by the exercise of rea8 sonable diligence by, the immigrant before the time of de9 parture of the vessel or aircraft from the last port outside 

10 the United States and outside foreign contiguous territory 

11 or, in the case of an immigrant coming from foreign con12 tiguous territory, before the time of the immigrant’s appli13 cation for admission. 

14 ‘‘(h) WAIVER OF DOCUMENTATION REQUIREMENTS

15 FOR NONIMMIGRANTS.—

16 ‘‘(1) IN GENERAL.—The requirement of sub17 section (a)(7)(B)(i) may be waived by the Secretary 

18 of Homeland Security, the Secretary of State, and 

19 the Secretary of the Interior, acting jointly, in the 

20 case of an alien applying for admission as a non21 immigrant visitor for business or pleasure and solely 

22 for entry into and stay on Guam for a period not to 

23 exceed fifteen days, if the Secretary of Homeland 

24 Security, the Secretary of State and the Secretary of 
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1 the Interior, after consultation with the Governor of 

2 Guam, jointly determine that—

3 ‘‘(A) an adequate arrival and departure 

4 control system has been developed on Guam; 

5 and 

6 ‘‘(B) such a waiver does not represent a 

7 threat to the welfare, safety, or security of the 

8 United States or its territories and common9 wealths. 

10 ‘‘(2) LIMITATION.—An alien may not be pro11 vided a waiver under this subsection unless the alien 

12 has waived any right—

13 ‘‘(A) to review or appeal under this Act of 

14 an immigration officer’s determination as to the 

15 admissibility of the alien at the port of entry 

16 into Guam; or 

17 ‘‘(B) to contest, other than on the basis of 

18 an application for asylum, any action for re19 moval of the alien. 

20 ‘‘(i) CONDITIONS ON RECEIPT OF IMMIGRANT VISAS

21 FOLLOWING DEPARTURE.—An alien who has been phys22 ically present in the United States shall not be eligible to 

23 receive an immigrant visa within ninety days following de24 parture therefrom unless—
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1 ‘‘(1) the alien was maintaining a lawful non2 immigrant status at the time of such departure; or 

3 ‘‘(2) the alien is the spouse or unmarried child 

4 of an individual who obtained temporary or perma5 nent resident status under section 210 or 245A of 

6 the Immigration and Nationality Act or section 202 

7 of the Immigration Reform and Control Act of 1986 

8 at any date, who—

9 ‘‘(A) as of May 5, 1988, was the unmar10 ried child or spouse of the individual who ob11 tained temporary or permanent resident status 

12 under section 210 or 245A of the Immigration 

13 and Nationality Act or section 202 of the Immi14 gration Reform and Control Act of 1986; 

15 ‘‘(B) entered the United States before May 

16 5, 1988, resided in the United States on May 

17 5, 1988, and is not a lawful permanent resi18 dent; and 

19 ‘‘(C) applied for benefits under section 

20 301(a) of the Immigration Act of 1990. 

21 ‘‘(j) UNCERTIFIED FOREIGN HEALTH-CARE WORK22 ERS.—Subsection (a)(5)(C) shall not apply to an alien 

23 who seeks to enter the United States for the purpose of 

24 performing labor as a nurse who presents to the consular 

25 officer (or in the case of an adjustment of status, the Sec-
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1 retary of Homeland Security) a certified statement from 

2 the Commission on Graduates of Foreign Nursing Schools 

3 (or an equivalent independent credentialing organization 

4 approved for the certification of nurses under subsection 

5 (a)(5)(C) by the Secretary of Homeland Security in con6 sultation with the Secretary of Health and Human Serv7 ices) that—

8 ‘‘(1) the alien has a valid and unrestricted li9 cense as a nurse in a State where the alien intends 

10 to be employed and such State verifies that the for11 eign licenses of alien nurses are authentic and 

12 unencumbered; 

13 ‘‘(2) the alien has passed the National Council 

14 Licensure Examination (NCLEX); 

15 ‘‘(3) the alien is a graduate of a nursing pro16 gram—

17 ‘‘(A) in which the language of instruction 

18 was English; 

19 ‘‘(B) located in a country—

20 ‘‘(i) designated by such commission 

21 not later than 30 days after the date of the 

22 enactment of the Nursing Relief for Dis23 advantaged Areas Act of 1999, based on 

24 such commission’s assessment that the 

25 quality of nursing education in that coun-
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1 try, and the English language proficiency 

2 of those who complete such programs in 

3 that country, justify the country’s designa4 tion; or 

5 ‘‘(ii) designated on the basis of such 

6 an assessment by unanimous agreement of 

7 such commission and any equivalent 

8 credentialing organizations which have 

9 been approved under subsection (a)(5)(C) 

10 for the certification of nurses under this 

11 subsection; and 

12 ‘‘(C)(i) which was in operation on or before 

13 the date of the enactment of the Nursing Relief 

14 for Disadvantaged Areas Act of 1999; or 

15 ‘‘(ii) has been approved by unanimous 

16 agreement of such commission and any equiva17 lent credentialing organizations which have 

18 been approved under subsection (a)(5)(C) for 

19 the certification of nurses under this subsection. 

20 ‘‘(k) PUBLIC CHARGE GROUND FOR FAMILY-SPON21 SORED IMMIGRANTS.—In determining whether an alien 

22 described in subsection (a)(4)(C)(i) is inadmissible under 

23 subsection (a)(4) or ineligible to receive an immigrant visa 

24 or otherwise to adjust to the status of permanent resident 

25 by reason of subsection (a)(4), the consular officer or the 
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1 Secretary of Homeland Security shall not consider any 

2 benefits the alien may have received that were authorized 

3 under section 501 of the Illegal Immigration Reform and 

4 Immigrant Responsibility Act of 1996 (8 U.S.C. 

5 1641(c)).’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

7 (1) The following provisions of the Immigration 

8 and Nationality Act are amended by striking 

9 ‘‘212(e)’’ and inserting ‘‘222(h)’’: 

10 (A) Paragraphs (1), (2)(A), and (3) of sec11 tion 214(l). 

12 (B) Paragraphs (2) and (3)(B) of section 

13 240A(c). 

14 (C) Section 245A(a)(2)(C). 

15 (D) Section 248(3). 

16 (2) Section 214 (8 U.S.C. 1202) is amended—

17 (A) by redesignating subsection (p) (as 

18 added by the Departments of Commerce, Jus19 tice, and State, the Judiciary, and Related 

20 Agencies Appropriations Act, 2001, as enacted 

21 into law by Public Law 106–553) as subsection 

22 (r); 

23 (B) by redesignating the second subsection 

24 (o) (as added by the Departments of Com25 merce, Justice, and State, the Judiciary, and 
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1 Related Agencies Appropriations Act, 2001, as 

2 enacted into law by Public Law 106–553) as 

3 subsection (q); 

4 (C) by redesignating the first subsection 

5 (o) as subsection (p); 

6 (D) by redesignating subsection (n) as sub7 section (o); and 

8 (E) by redesignating the second subsection 

9 (m) as subsection (n). 

10 (3) Section 101(a) is amended—

11 (A) in paragraph (13)(B), by striking 

12 ‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’; 

13 (B) in paragraph (13)(C)(v), by striking 

14 ‘‘212(h)’’ and inserting ‘‘212(f)’’; 

15 (C) in paragraph (15)(H)—

16 (i) by striking ‘‘212(j)(2)’’ and insert17 ing ‘‘214(s)(2)’’; 

18 (ii) by striking ‘‘212(n)(1)’’ and in19 serting ‘‘214(u)(1)’’; 

20 (iii) by striking ‘‘212(m)(1)’’ and in21 serting ‘‘214(t)(1)’’; 

22 (iv) by striking ‘‘212(m)(2)’’ and in23 serting ‘‘214(t)(2)’’; and 

24 (v) by striking ‘‘212(m)(6)’’ and in25 serting ‘‘214(t)(6)’’; 
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1 (D) in paragraph (15)(J), by striking 

2 ‘‘212(j)’’ and inserting ‘‘214(s)’’; 

3 (E) in paragraph (15)(K), by striking ‘‘(p) 

4 of section 214’’ and inserting ‘‘(r) of section 

5 214’’; 

6 (F) in paragraph (15)(T)(i), by striking 

7 ‘‘214(n)’’ and inserting ‘‘214(o)’’; 

8 (G) in paragraph (15)(U)(i), by striking 

9 ‘‘214(o)’’ and inserting ‘‘214(p)’’; and 

10 (H) in paragraph (15)(V), by striking 

11 ‘‘214(o)’’ and inserting ‘‘214(q)’’. 

12 (4) Section 201(c)(4) is amended by striking 

13 ‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’. 

14 (5) Section 214(a)(1) is amended by striking 

15 ‘‘212(l)’’ and inserting ‘‘212(h)’’. 

16 (6) Section 214(e)(5) is amended—

17 (A) by striking ‘‘212(m)’’ both places it 

18 appears and inserting ‘‘214(t)’’; and 

19 (B) by striking ‘‘212(n)’’ and inserting 

20 ‘‘214(u)’’. 

21 (7) Section 214(f)(2)(A) is amended by striking 

22 ‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’. 

23 (8) Section 216(f) is amended by striking ‘‘sub24 section (h) or (i) of section 212’’ and inserting ‘‘sec25 tion 212(f)’’. 
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1 (9) Section 237(a)(1)(C)(ii) is amended by 

2 striking ‘‘212(g)’’ and inserting ‘‘212(e)’’. 

3 (10) Section 240A(b)(4) is amended by striking 

4 ‘‘212(d)(5)’’ and inserting ‘‘212(c)(3)’’. 

5 (11) Section 242(a)(2)(B)(i) is amended by 

6 striking ‘‘212(h), 212(i),’’ and inserting ‘‘212(f),’’. 

7 (12) Section 245(c) is amended—

8 (A) by striking ‘‘212(d)(4)(C)’’ and insert9 ing ‘‘212(c)(2)(C)’’; and 

10 (B) by striking ‘‘212(l)’’ and inserting 

11 ‘‘212(h)’’. 

12 (13) Section 248 is amended by striking ‘‘(or 

13 whose inadmissibility under such section is waived 

14 under section 212(a)(9)(B)(v))’’ in the matter pre15 ceding paragraph (1). 

16 (14) Section 248(4) is amended by striking 

17 ‘‘212(l)’’ and inserting ‘‘212(h)’’. 

18 (15) Section 252(a) is amended by striking 

19 ‘‘212(d)(3), section 212(d)(5),’’ and inserting 

20 ‘‘212(c)(3),’’. 

21 (16) Paragraphs (2) and (3) of section 254(a) 

22 are each amended by striking ‘‘212(d)(5)’’ and in23 serting ‘‘212(c)(3)’’. 

24 (17) Section 286(s)(6) is amended—
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1 (A) by striking ‘‘212(n)(1)’’ each place it 

2 appears and inserting ‘‘214(u)(1)’’; and 

3 (B) by striking ‘‘212(n)(2)’’ both places it 

4 appears and inserting ‘‘214(u)(2)’’. 

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

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

7 of this Act and shall apply to acts undertaken, and condi8 tions existing, before, on, or after such date.

9 SEC. 205. PROTECTION OF U.S. SPECIALTY WORKERS. 

10 Section 214(u) of the Immigration and Nationality 

11 Act (8 U.S.C. 1184(u)), as so redesignated by this Act, 

12 is further amended as follows: 

13 (1) Paragraph (1)(E) is amended—

14 (A) by striking ‘‘(E)(i) In the case of an 

15 application described in clause (ii),’’ and insert16 ing ‘‘(E)’’; and

17 (B) by striking clause (ii). 

18 (2) Paragraph (1)(F) is amended by striking 

19 ‘‘In the case of an application described in subpara20 graph (E)(ii), the’’ and inserting ‘‘The’’. 

21 (3) Paragraph (1)(G) is amended—

22 (A) by striking ‘‘(G)(i) In the case of an 

23 application described in subparagraph (E)(ii), 

24 subject to clause (ii),’’ and inserting ‘‘(G)’’; and 

25 (B) by striking clause (ii); 
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1 (4) Paragraph (1) is amended in the matter fol2 lowing subparagraph (G)—

3 (A) by amending the 5th sentence to read 

4 as follows: ‘‘The Secretary of Labor shall review 

5 such an application for completeness and accu6 racy.’’; and 

7 (B) in the 6th sentence, by striking ‘‘obvi8 ously’’. 

9 (5) Paragraph (2)(C)(i) is amended by striking 

10 ‘‘paragraph (1)(B), (1)(E), or (1)(F), a substantial 

11 failure to meet a condition of paragraph (1)(C), 

12 (1)(D), or (1)(G)(i)(I),’’ and inserting ‘‘paragraph 

13 (1),’’. 

14 (6) Paragraph (2)(E) is amended to read as 

15 follows: ‘‘If an employer places an H–1B non16 immigrant with a second employer whom the em17 ployer knows or had reason to know has ever dis18 placed a United States worker during a period de19 scribed in paragraph (1)(F), such displacement shall 

20 be considered to be a failure to meet a condition 

21 specified in an application submitted under para22 graph (1).’’. 

23 (7) Paragraphs (3) and (5) are repealed. 

24 SEC. 206. ANTIFRAUD FEE. 

25 (a) IMPOSITION OF FEE.—
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1 (1) IN GENERAL.—Chapter 9 of title II of the 

2 Immigration and Nationality Act (8 U.S.C. 1351 et 

3 seq.) is amended by inserting after section 281 the 

4 following: 

5 ‘‘ANTIFRAUD FEE

6 ‘‘SEC. 281A. (a) IN GENERAL.—In addition to any 

7 other fees authorized by law, the Secretary of Homeland 

8 Security shall impose an antifraud fee on a petitioner fil9 ing a petition for classification under section 204, or a 

10 petition for an alien’s status as a nonimmigrant under sec11 tion 101(a)(15) (excluding status under subparagraph 

12 (A), (B), (G), or (S) of such section). 

13 ‘‘(b) AMOUNT.—The amount of the fee shall be $100 

14 for each such petition. 

15 ‘‘(c) DISPOSITION.—Fees collected under this section 

16 shall be deposited in the Treasury in accordance with sec17 tion 286(v).’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents of the Immigration and Nationality Act is 

20 amended by inserting after the item relating to sec21 tion 281 the following:

‘‘281A. Antifraud fee.’’.

22 (b) ESTABLISHMENT OF ACCOUNT; USE OF FEES.—

23 Section 286 (8 U.S.C. 1356) is amended by adding at the 

24 end the following: 

25 ‘‘(v) ANTIFRAUD ACCOUNT.—
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1 ‘‘(1) IN GENERAL.—There is established in the 

2 general fund of the Treasury a separate account 

3 which shall be known as the ‘Antifraud Account’. 

4 Notwithstanding any other provision of law, there 

5 shall be deposited as offsetting receipts into the ac6 count all fees collected under section 281A. 

7 ‘‘(2) USE OF FEES TO COMBAT FRAUD.—

8 ‘‘(A) SECRETARY OF HOMELAND SECU9 RITY.—

10 ‘‘(i) PROGRAMS TO ELIMINATE

11 FRAUD.—20 percent of amounts deposited 

12 into the Antifraud Account shall remain 

13 available to the Secretary of Homeland Se14 curity until expended for programs and ac15 tivities to eliminate fraud by petitioners 

16 and beneficiaries with respect to immigrant 

17 visa petitions under section 204 or status 

18 under section 101(a)(15) (excluding status 

19 under subparagraph (A), (B), (G), or (S) 

20 of such section). 

21 ‘‘(ii) REMOVAL OF ALIENS.—20 per22 cent of amounts deposited into the Anti23 fraud Account shall remain available to the 

24 Secretary of Homeland Security until ex25 pended for the removal of aliens who are 
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1 deportable under section 237(a)(1)(A) by 

2 reason of having been found to be within 

3 the class of aliens inadmissible under sec4 tion 212(a)(6)(C). 

5 ‘‘(B) SECRETARY OF STATE.—40 percent 

6 of the amounts deposited into the Antifraud Ac7 count shall remain available to the Secretary of 

8 State until expended for programs and activities 

9 to eliminate fraud by petitioners and bene10 ficiaries described in subparagraph (A). 

11 ‘‘(C) JOINT PROGRAMS.—20 percent of 

12 amounts deposited into the Antifraud Account 

13 shall remain available to the Secretary of 

14 Homeland Security and the Secretary of State 

15 until expended for programs and activities con16 ducted by them jointly to eliminate fraud by pe17 titioners and beneficiaries described in subpara18 graph (A).’’. 

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

20 this section shall take effect 6 months after the date of 

21 the enactment of this Act. 
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1 TITLE III—TRACKING ALIENS 

2 PRESENT IN THE UNITED 

3 STATES 

4 SEC. 301. ENTRY-EXIT SYSTEM. 

5 (a) INTEGRATED ENTRY AND EXIT DATA SYSTEM.—

6 Section 110(b)(1) of the Illegal Immigration Reform and 

7 Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 

8 note) is amended to read as follows: 

9 ‘‘(1) provides access to, and integrates, arrival 

10 and departure data of all aliens who arrive and de11 part at ports of entry, in an electronic format and 

12 in a database of the Department of Homeland Secu13 rity or the Department of State (including those cre14 ated or used at ports of entry and at consular of15 fices);’’. 

16 (b) CONSTRUCTION.—Section 110(c) of the Illegal 

17 Immigration Reform and Immigrant Responsibility Act of 

18 1996 (8 U.S.C. 1221 note) is amended to read as follows: 

19 ‘‘(c) CONSTRUCTION.—Nothing in this section shall 

20 be construed to reduce or curtail any authority of the Sec21 retary of Homeland Security or the Secretary of State 

22 under any other provision of law.’’. 

23 (c) DEADLINES.—Section 110(d) of the Illegal Immi24 gration Reform and Immigrant Responsibility Act of 1996 

25 (8 U.S.C. 1221 note) is amended—
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1 (1) in paragraph (1), by striking ‘‘December 

2 31’’ and inserting ‘‘October 26’’; 

3 (2) by amending paragraph (2) to read as fol4 lows: 

5 ‘‘(2) LAND BORDER PORTS OF ENTRY.—Not 

6 later than October 26, 2004, the Secretary of Home7 land Security shall implement the integrated entry 

8 and exit data system using the data described in 

9 paragraph (1) and available alien arrival and depar10 ture data described in subsection (b)(1) pertaining 

11 to aliens arriving in, or departing from, the United 

12 States at all land border ports of entry. Such imple13 mentation shall include ensuring that such data, 

14 when collected or created by an immigration officer 

15 at a port of entry, are entered into the system and 

16 can be accessed by immigration officers at airports, 

17 seaports, and other land border ports of entry.’’; and 

18 (3) by striking paragraph (3).

19 (d) AUTHORITY TO PROVIDE ACCESS TO SYSTEM.—

20 Section 110(f)(1) of the Illegal Immigration Reform and 

21 Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 

22 note) is amended by adding at the end the following: 

23 ‘‘The Secretary of Homeland Security shall ensure 

24 that any officer or employee of the Department of 

25 Homeland Security or the Department of State hav-
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1 ing need to access the data contained in the inte2 grated entry and exit data system for any lawful 

3 purpose under the Immigration and Nationality Act 

4 has such access, including access for purposes of 

5 representation of the Department of Homeland Se6 curity in removal proceedings under section 240 of 

7 such Act and adjudication of applications for bene8 fits under such Act.’’. 

9 (e) WAIVER AVAILABLE.—If the President deter10 mines in writing, with respect to a fiscal or calendar year, 

11 that a waiver of one or more of the amendments made 

12 by this section is desirable and would not threaten the na13 tional security of the United States, the President may 

14 waive the effectiveness of such amendment or amendments 

15 with respect to such year. 

16 SEC. 302. COLLECTION OF INFORMATION REGARDING FOR17 EIGN STUDENTS. 

18 (a) COURSE OF STUDY.—Section 641(c)(1)(C) of the 

19 Illegal Immigration Reform and Immigrant Responsibility 

20 Act of 1996 (8 U.S.C. 1372(c)(1)(C)) is amended by in21 serting after ‘‘including’’ the following: ‘‘each course of 

22 study the student has taken and is taking at the institu23 tion and’’. 

24 (b) IMPLEMENTATION OF PROGRAM TO COLLECT IN25 FORMATION RELATING TO NONIMMIGRANT FOREIGN STU-
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1 DENTS AND OTHER EXCHANGE PROGRAM PARTICI2 PANTS.—Section 641(d)(2) of the Illegal Immigration Re3 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

4 1372(d)(2)) is amended to read as follows: 

5 ‘‘(2) EFFECT OF FAILURE TO PROVIDE INFOR6 MATION.—During any period on or after the date of 

7 the enactment of the Securing America’s Future 

8 through Enforcement Reform Act of 2003, if an ap9 proved institution of higher education or a des10 ignated exchange visitor program fails to provide the 

11 information described in subsection (c) through the 

12 program described in subsection (a), all approvals 

13 described in subparagraph (A) of paragraph (1), and 

14 all grants of authority described in subparagraph 

15 (B) of such paragraph, with respect to such institu16 tion or exchange visitor program shall be revoked.’’. 

17 SEC. 303. ALIEN REGISTRATION. 

18 (a) IN GENERAL.—Section 262 (8 U.S.C. 1302) is 

19 amended to read as follows: 

20 ‘‘REGISTRATION OF ALIENS IN THE UNITED STATES

21 ‘‘SEC. 262. (a) INITIAL REGISTRATION.—

22 ‘‘(1) IN GENERAL.—It shall be the duty of 

23 every alien now or hereafter in the United States, 

24 who (1) is fourteen years of age or older, (2) has not 

25 been registered and fingerprinted under section 
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1 221(b) of this Act or section 30 or 31 of the Alien 

2 Registration Act, 1940, and (3) remains in the 

3 United States for thirty days or longer, to apply for 

4 registration and to be fingerprinted before the expi5 ration of such thirty days.

6 ‘‘(2) MINORS.—It shall be the duty of every 

7 parent or legal guardian of any alien now or here8 after in the United States, who (1) is less than four9 teen years of age, (2) has not been registered under 

10 section 221(b) of this Act or section 30 or 31 of the 

11 Alien Registration Act, 1940, and (3) remains in the 

12 United States for thirty days or longer, to apply for 

13 the registration of such alien before the expiration of 

14 such thirty days. Whenever any alien attains his 

15 fourteenth birthday in the United States he shall, 

16 within thirty days thereafter, apply in person for 

17 registration and to be fingerprinted. 

18 ‘‘(b) SUBSEQUENT REGISTRATIONS.—

19 ‘‘(1) PERMANENT RESIDENTS.—In addition to 

20 any other registration otherwise required under this 

21 Act or any other Act, each alien lawfully admitted 

22 for permanent residence shall annually register with 

23 the Secretary of Homeland Security, regardless of 

24 whether there has been any change in the alien’s ad25 dress. This requirement shall commence on the first 
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1 anniversary of the date on which the alien acquired 

2 the status of an alien lawfully admitted for perma3 nent residence that occurs after the enactment of 

4 the Securing America’s Future through Enforcement 

5 Reform Act of 2003. 

6 ‘‘(2) OTHER ALIENS.—In addition to any other 

7 registration otherwise required under this Act or any 

8 other Act, every alien in the United States, other 

9 than an alien described in paragraph (1), shall reg10 ister with the Secretary of Homeland Security at the 

11 expiration of each 3-month period during which the 

12 alien remains in the United States, regardless of 

13 whether there has been any change in the alien’s ad14 dress. This requirement shall commence on the 60th 

15 day after the alien enters the United States. 

16 ‘‘(3) MINORS.—In the case of an alien who is 

17 less than fourteen years of age, a parent or legal 

18 guardian of the alien may carry out this subsection 

19 on behalf of the alien. 

20 ‘‘(c) CHANGE OF ADDRESS.—

21 ‘‘(1) IN GENERAL.—Each alien required to be 

22 registered under this title who is within the United 

23 States shall notify the Secretary of Homeland Secu24 rity in writing of each change of address and new 

25 address within ten days from the date of such 
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1 change and furnish with such notice such additional 

2 information as the Secretary may require by regula3 tion. 

4 ‘‘(2) CERTAIN FOREIGN STATES.—

5 ‘‘(A) IN GENERAL.—The Secretary of 

6 Homeland Security may, in the discretion of the 

7 Secretary, upon ten days notice, require the na8 tives of any one or more foreign states, or any 

9 class or group thereof, who are within the 

10 United States and who are required to be reg11 istered under this title, to notify the Secretary 

12 of their current addresses and furnish such ad13 ditional information as the Secretary may re14 quire. 

15 ‘‘(B) NOTICE FOR MINORS.—In the case of 

16 an alien for whom a parent or legal guardian is 

17 required to apply for registration, the notice re18 quired by this section shall be given to such 

19 parent or legal guardian. 

20 ‘‘(3) MINORS.—In the case of an alien who is 

21 less than fourteen years of age, a parent or legal 

22 guardian of the alien may carry out this subsection 

23 on behalf of the alien. 

24 ‘‘(d) EXCEPTION.—Subsections (b) and (c) shall not 

25 apply to an alien lawfully admitted for permanent resi-
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1 dence, and the alien’s spouse and children, if the alien is 

2 a member of the armed forces of the United States serving 

3 on active duty (as defined in section 101(d) of title 10, 

4 United States Code). 

5 ‘‘(e) FORMS.—The Secretary of Homeland Security 

6 shall prepare forms for registrations and change of ad7 dress notifications required under this section. Such forms 

8 shall contain inquiries to obtain the following information: 

9 ‘‘(1) Full name and aliases. 

10 ‘‘(2) Current address. 

11 ‘‘(3) Date of birth. 

12 ‘‘(4) Visa category. 

13 ‘‘(5) Date of entry into the United States. 

14 ‘‘(6) Termination date of authorization to re15 main in the United Sates, if any. 

16 ‘‘(7) Signature. 

17 ‘‘(8) Biometric feature of the alien.

18 ‘‘(9) Any additional information that the Sec19 retary of Homeland Security determines to be nec20 essary. 

21 ‘‘(f) INFORMATION TECHNOLOGY SYSTEM.—The 

22 Secretary of Homeland Security shall establish and oper23 ate an information technology system for the electronic 

24 collection, compilation, and maintenance of the informa25 tion submitted under this section. Such system shall per-
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1 mit any alien address in the United States that has been 

2 registered with the Secretary, and the date of such reg3 istration, to be accessed by any officer or employee of the 

4 Department of Homeland Security having need for such 

5 access for any lawful purpose under the Immigration and 

6 Nationality Act.’’. 

7 (b) REPEAL.—Section 265 (8 U.S.C. 1305) is re8 pealed and the table of contents is amended by striking 

9 the item relating to such section. 

10 (c) CONFORMING AMENDMENTS.—

11 (1) REMOVAL FOR FAILURE TO COMPLY.—Sec12 tion 237(a)(3)(A) (8 U.S.C. 1227(a)(3)(A)) is 

13 amended by striking ‘‘265’’ and inserting ‘‘262’’. 

14 (2) REGISTRATION OF SPECIAL GROUPS.—Sec15 tion 263(b) (8 U.S.C. 1303(b)) is amended by in16 serting ‘‘(excluding subsection (c) of such section)’’ 

17 after ‘‘262’’. 

18 (3) FORMS AND PROCEDURE.—Section 264(a) 

19 (8 U.S.C. 1304(a)) is amended by striking ‘‘of this 

20 title, and the Attorney General is authorized and di21 rected to prepare forms for the registration and 

22 fingerprinting of aliens under section 262 of this 

23 title.’’ and inserting a period. 
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1 (4) PENALTIES.—Section 266 (8 U.S.C. 1306) 

2 is amended by striking ‘‘265’’ each place such term 

3 appears and inserting ‘‘262’’. 

4 (d) REPORT.—Not later than 3 years after the date 

5 of the enactment of this Act, the Secretary of Homeland 

6 Security shall submit a report to the Committees on the 

7 Judiciary of the House of Representatives and the Senate 

8 on the implementation of section 262 of the Immigration 

9 and Nationality Act, as amended by this section, and the 

10 results of such implementation. 

11 (e) EFFECTIVE DATE.—The amendments made by 

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

13 of this Act. 

14 SEC. 304. VISA TERM COMPLIANCE BONDS. 

15 (a) DEFINITIONS.—For purposes of this section: 

16 (1) VISA TERM COMPLIANCE BOND.—The term 

17 ‘‘visa term compliance bond’’ means a written 

18 suretyship undertaking entered into by an alien indi19 vidual seeking admission to the United States of 

20 America on a nonimmigrant visa whose performance 

21 is guaranteed by a bail agent. 

22 (2) SURETYSHIP UNDERTAKING.—The term 

23 ‘‘suretyship undertaking’’ means a written agree24 ment, executed by a bail agent, which binds all par25 ties to its certain terms and conditions and which 
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1 provides obligations for the visa applicant while 

2 under the bond and penalties for forfeiture to ensure 

3 the obligations of the principal under the agreement. 

4 (3) BAIL AGENT.—The term ‘‘bail agent’’ 

5 means any individual properly licensed, approved, 

6 and appointed by power of attorney to execute or 

7 countersign bail bonds in connection with judicial 

8 proceedings and who receives a premium.

9 (4) SURETY.—The term ‘‘surety’’ means an en10 tity, as defined by, and that is in compliance with, 

11 sections 9304 through 9308 of title 31, United 

12 States Code, that agrees—

13 (A) to guarantee the performance, where 

14 appropriate, of the principal under a visa term 

15 compliance bond; 

16 (B) to perform as required in the event of 

17 a forfeiture; and 

18 (C) to pay over the principal (penal) sum 

19 of the bond for failure to perform. 

20 (b) ISSUANCE OF BOND.—A consular officer may re21 quire an applicant for a nonimmigrant visa, as a condition 

22 for granting such application, to obtain a visa term com23 pliance bond. 

24 (c) VALIDITY, EXPIRATION, RENEWAL, AND CAN25 CELLATION OF BONDS.—
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1 (1) VALIDITY.—A visa term compliance bond 

2 undertaking is valid if it—

3 (A) states the full, correct, and proper 

4 name of the alien principal; 

5 (B) states the amount of the bond; 

6 (C) is guaranteed by a surety and 

7 countersigned by an attorney-in-fact who is 

8 properly appointed; 

9 (D) is an original signed document; 

10 (E) is filed with the Secretary of Home11 land Security along with the original application 

12 for a visa; and 

13 (F) is not executed by electronic means. 

14 (2) EXPIRATION.—A visa term compliance bond 

15 undertaking shall expire at the earliest of—

16 (A) 1 year from the date of issue; 

17 (B) at the expiration, cancellation, or sur18 render of the visa; or 

19 (C) immediately upon nonpayment of the 

20 premium. 

21 (3) RENEWAL.—The bond may be renewed—

22 (A) annually with payment of proper pre23 mium at the option of the bail agent or surety; 

24 and 
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1 (B) provided there has been no breech of 

2 conditions, default, claim, or forfeiture of the 

3 bond. 

4 (4) CANCELLATION.—The bond shall be can5 celed and the surety and bail agent exonerated—

6 (A) for nonrenewal; 

7 (B) if the surety or bail agent provides 

8 reasonable evidence that there was misrepresen9 tation or fraud in the application for the bond; 

10 (C) upon termination of the visa; 

11 (D) upon death, incarceration of the prin12 cipal, or the inability of the surety to produce 

13 the principal for medical reasons; 

14 (E) if the principal is detained in any city, 

15 State, country, or political subdivision thereof; 

16 (F) if the principal departs from the 

17 United States of America for any reason with18 out permission of the Secretary of Homeland 

19 Security and the surety or bail agent; or 

20 (G) if the principal is surrendered by the 

21 surety. 

22 (5) EFFECT OF EXPIRATION OR CANCELLA23 TION.—When a visa term compliance bond expires 

24 without being immediately renewed, or is canceled, 
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1 the nonimmigrant status of the alien shall be re2 voked immediately. 

3 (6) SURRENDER OF PRINCIPAL; FORFEITURE

4 OF BOND PREMIUM.—

5 (A) SURRENDER.—At any time before a 

6 breach of any of the conditions of the bond, the 

7 surety or bail agent may surrender the prin8 cipal, or the principal may surrender, to any of9 fice or facility of the Department of Homeland 

10 Security charged with immigration enforcement 

11 or border protection. 

12 (B) FORFEITURE OF BOND PREMIUM.—A 

13 principal may be surrendered without the re14 turn of any bond premium if the visa holder—

15 (i) changes address without notifying 

16 the surety or bail agent and the Secretary 

17 of Homeland Security in writing at least 

18 60 days prior to such change;

19 (ii) changes schools, jobs, or occupa20 tions without written permission of the 

21 surety, bail agent, and the Secretary; 

22 (iii) conceals himself or herself; 

23 (iv) fails to report to the Secretary as 

24 required at least annually; or 
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1 (v) violates the contract with the bail 

2 agent or surety, commits any act that may 

3 lead to a breech of the bond, or otherwise 

4 violates any other obligation or condition 

5 of the visa established by the Secretary. 

6 (7) CERTIFIED COPY OF UNDERTAKING OR

7 WARRANT TO ACCOMPANY SURRENDER.—

8 (A) IN GENERAL.—A person desiring to 

9 make a surrender of the visa holder—

10 (i) shall have the right to petition any 

11 Federal court for an arrest warrant for the 

12 arrest of the visa holder; 

13 (ii) shall forthwith be provided a cer14 tified copy of the arrest warrant and the 

15 undertaking; and 

16 (iii) shall have the right to pursue, ap17 prehend, detain, and deliver the visa hold18 er, together with the certified copy of the 

19 arrest warrant and the undertaking, to any 

20 official or facility of the Department of 

21 Homeland Security charged with immigra22 tion enforcement or border protection or 

23 any detention facility authorized to hold 

24 Federal detainees. 
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1 (B) EFFECTS OF DELIVERY.—Upon deliv2 ery of a person under subparagraph (A)(iii)—

3 (i) the official to whom the delivery is 

4 made shall detain the visa holder in cus5 tody and issue a written certificate of sur6 render; and 

7 (ii) the court issuing the warrant de8 scribed in subparagraph (A)(i) and the 

9 Secretary of Homeland Security shall im10 mediately exonerate the surety and bail 

11 agent from any further liability on the 

12 bond. 

13 (8) FORM OF BOND.—A visa term compliance 

14 bond shall in all cases state the following and be se15 cured by a surety: 

16 (A) BREECH OF BOND; PROCEDURE, FOR17 FEITURE, NOTICE.—

18 (i) If a visa holder violates any condi19 tions of the visa or the visa bond the Sec20 retary of Homeland Security shall—

21 (I) order the visa canceled; 

22 (II) immediately obtain a war23 rant for the visa holder’s arrest; 

24 (III) order the bail agent and 

25 surety to take the visa holder into 
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1 custody and surrender the visa holder 

2 to the Secretary; and 

3 (IV) mail notice to the bail agent 

4 and surety via certified mail return 

5 receipt at each of the addresses in the 

6 bond. 

7 (ii) A bail agent or surety shall have 

8 full and complete access to any and all in9 formation, electronic or otherwise, in the 

10 care, custody, and control of the United 

11 States Government or any State or local 

12 government or any subsidiary or police 

13 agency thereof regarding the visa holder 

14 needed to comply with section 304 of the 

15 Securing America’s Future through En16 forcement Reform Act of 2003 that the 

17 court issuing the warrant believes is crucial 

18 in locating the visa holder. 

19 (iii) If the visa holder is later ar20 rested, detained, or otherwise located out21 side the United States and the outlying 

22 possessions of the United States (as de23 fined in section 101(a) of the Immigration 

24 and Nationality Act), the Secretary of 

25 Homeland Security shall—
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1 (I) order that the bail agent and 

2 surety are completely exonerated, and 

3 the bond canceled and terminated; 

4 and 

5 (II) if the Secretary has issued 

6 an order under clause (i), the surety 

7 may request, by written, properly filed 

8 motion, reinstatement of the bond. 

9 This subclause may not be construed 

10 to prevent the Secretary from revok11 ing or resetting a higher bond. 

12 (iv) The bail agent or surety must—

13 (I) produce the visa bond holder; 

14 or 

15 (II)(aa) prove within 180 days 

16 that producing the bond holder was 

17 prevented—

18 (aaa) by the bond holder’s 

19 illness or death; 

20 (bbb) because the bond hold21 er is detained in custody in any 

22 city, State, country, or political 

23 subdivision thereof; 

24 (ccc) because the bond hold25 er has left the United States or 
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1 its outlying possessions (as de2 fined in section 101(a) of the Im3 migration and Nationality Act (8 

4 U.S.C. 1101(a)); or 

5 (ddd) because required no6 tice was not given to the bail 

7 agent or surety; and 

8 (bb) prove within 180 days that 

9 the inability to produce the bond hold10 er was not with the consent or conniv11 ance of the bail agent or sureties. 

12 (v) If the bail agent or surety does 

13 not comply with the terms of this bond 

14 within 60 days after the mailing of the no15 tice required under subparagraph 

16 (A)(i)(IV), a portion of the face value of 

17 the bond shall be assessed as a penalty 

18 against the surety. 

19 (vi) If compliance occurs more than 

20 60 days but no more than 90 days after 

21 the mailing of the notice, the amount as22 sessed shall be one-third of the face value 

23 of the bond. 

24 (vii) If compliance occurs more than 

25 90 days, but no more than 180 days, after 
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1 the mailing of the notice, the amount as2 sessed shall be two-thirds of the face value 

3 of the bond. 

4 (viii) If compliance does not occur 

5 within 180 days after the mailing of the 

6 notice, the amount assessed shall be 100 

7 percent of the face value of the bond. 

8 (ix) All penalty fees shall be paid by 

9 the surety within 45 days after the end of 

10 such 180-day period. 

11 (B) The Secretary of Homeland Security 

12 may waive the penalty fees or extend the period 

13 for payment or both, if—

14 (i) a written request is filed with the 

15 Secretary; and 

16 (ii) the bail agent or surety provides 

17 evidence satisfactory to the Secretary that

18 diligent efforts were made to effect compli19 ance of the visa holder. 

20 (C) COMPLIANCE; EXONERATION; LIMITA21 TION OF LIABILITY.—

22 (i) COMPLIANCE.—The bail agent or 

23 surety shall have the absolute right to lo24 cate, apprehend, arrest, detain, and sur25 render any visa holder, wherever he or she 
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1 may be found, who violates any of the 

2 terms and conditions of the visa or bond. 

3 (ii) EXONERATION.—Upon satisfying 

4 any of the requirements of the bond, the 

5 surety shall be completely exonerated. 

6 (iii) LIMITATION OF LIABILITY.—The 

7 total liability on any undertaking shall not 

8 exceed the face amount of the bond. 

9 SEC. 305. RELEASE OF ALIENS IN REMOVAL PROCEEDINGS. 

10 (a) IN GENERAL.—Section 236(a)(2) is amended to 

11 read as follows: 

12 ‘‘(2) subject to section 241(a)(8), may release 

13 the alien on bond of at least $10,000, with security 

14 approved by, and containing conditions prescribed 

15 by, the Secretary of Homeland Security, but the 

16 Secretary shall not release the alien on or to his own 

17 recognizance unless an order of an immigration 

18 judge expressly finds that the alien is not a flight 

19 risk and is not a threat to the United States; and’’. 

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

21 subsection (a) shall take effect on the date of the enact22 ment of this Act. 
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1 SEC. 306. DETENTION OF ALIENS DELIVERED BY BONDS2 MEN. 

3 (a) IN GENERAL.—Section 241(a) (8 U.S.C. 

4 1231(a)) is amended by adding at the end the following: 

5 ‘‘(8) EFFECT OF PRODUCTION OF ALIEN BY

6 BONDSMAN.—Notwithstanding any other provision 

7 of law, the Secretary of Homeland Security shall 

8 take into custody any alien subject to a final order 

9 of removal, and cancel any bond previously posted 

10 for the alien, if the alien is produced within the pre11 scribed time limit by the obligor on the bond. The 

12 obligor on the bond shall be deemed to have substan13 tially performed all conditions imposed by the terms 

14 of the bond, and shall be released from liability on 

15 the bond, if the alien is produced within such time 

16 limit.’’. 

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

18 subsection (a) shall take effect on the date of the enact19 ment of this Act and shall apply to all immigration bonds 

20 posted before, on, or after such date. 
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1 TITLE IV—REMOVING ALIEN 

2 TERRORISTS, CRIMINALS, 

3 AND HUMAN RIGHTS VIOLA4 TORS 

5 Subtitle A—Removing Alien 

6 Terrorists 

7 SEC. 401. DEPORTABILITY OF TERRORISTS, NATIONAL SE8 CURITY THREATS, AND SERIOUS FOREIGN 

9 CRIMES. 

10 (a) IN GENERAL.—Section 237(a)(4) (8 U.S.C. 

11 1227(a)(4)) is amended—

12 (1) by amending subparagraph (B) to read as 

13 follows: 

14 ‘‘(B) TERRORIST ACTIVITIES.—Any alien 

15 who would be considered inadmissible pursuant 

16 to section 212(a)(3)(B) is deportable.’’; and 

17 (2) by inserting after subparagraph (D) the fol18 lowing: 

19 ‘‘(E) NATIONAL SECURITY CON20 SEQUENCES.—An alien described in section 

21 212(a)(3)(G) is deportable. 

22 ‘‘(F) SERIOUS FOREIGN CRIMES.—An alien 

23 described in section 212(a)(3)(H) is deport24 able.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to conduct occurring be4 fore, on, or after such date.

5 SEC. 402. ADMINISTRATIVE REMOVAL OF ALIEN TERROR6 ISTS. 

7 (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 

8 amended—

9 (1) in the section heading, by striking ‘‘ALIENS

10 CONVICTED OF COMMITTING AGGRAVATED FELO11 NIES’’ and inserting ‘‘CERTAIN ALIENS’’; 

12 (2) in the heading of subsection (a), by insert13 ing ‘‘INSTITUTIONAL’’ before ‘‘REMOVAL’’; 

14 (3) in subsection (a)(1), by striking ‘‘241’’ each 

15 place it appears and inserting ‘‘237’’; 

16 (4) by amending the heading of subsection (b) 

17 to read as follows: 

18 ‘‘(b) PROCEEDINGS FOR THE ADMINISTRATIVE RE19 MOVAL OF ALIENS.—’’; 

20 (5) by amending subsection (b)(1) to read as 

21 follows: 

22 ‘‘(1) The Secretary of Homeland Security 

23 may—

24 ‘‘(A) in the case of an alien described in 

25 paragraph (2), determine the deportability of 
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1 such alien under section 237(a)(2)(A)(iii) (re2 lating to conviction of an aggravated felony); or 

3 ‘‘(B) in the case of an alien certified under 

4 paragraph (2)(C), determine the deportability 

5 of such alien under any provision of section 

6 237, 

7 and issue an order of removal pursuant to the proce8 dures set forth in this subsection or section 240.’’; 

9 (6) in subsection (b)(2)—

10 (A) in subparagraph (A), by striking ‘‘or’’ 

11 at the end; 

12 (B) in subparagraph (B), by striking the 

13 period at the end and inserting ‘‘; or’’; and 

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

15 ‘‘(C) has been certified by the Secretary of 

16 Homeland Security, pursuant to paragraph (6), 

17 which certification is not reviewable except as 

18 provided in subsection (b)(7).’’; 

19 (7) by adding at the end of subsection (b) the 

20 following: 

21 ‘‘(6) CERTIFICATION.—The Secretary of Home22 land Security may certify an alien under this para23 graph if the Secretary has reasonable grounds to be24 lieve that the alien—
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1 ‘‘(A) is described in section 

2 212(a)(3)(A)(i), 212(a)(3)(A)(iii), 

3 212(a)(3)(B), 237(a)(4)(A)(i), 

4 237(a)(4)(A)(iii), or 237(a)(4)(B); or 

5 ‘‘(B) is engaged in any other activity that 

6 endangers the national security of the United 

7 States. 

8 ‘‘(7) NONDELEGATION.—The Secretary may 

9 delegate the authority provided under paragraph (6) 

10 only to the Deputy Secretary. The Deputy Secretary 

11 may not delegate such authority. 

12 ‘‘(8) JUDICIAL REVIEW.—Notwithstanding any 

13 other provision of law, judicial review of an order 

14 under paragraph (2)(C) shall be available only by a 

15 filing in the United States Court of Appeals for the 

16 District of Columbia.’’; 

17 (8) by striking the first subsection (c) and in18 serting the following: 

19 ‘‘(c) PRESUMPTION OF REMOVABILITY.—An alien 

20 convicted of an aggravated felony, or certified pursuant 

21 to section 238(b)(2)(C), shall be conclusively presumed to 

22 be removable from the United States.’’; and 

23 (9) by redesignating the second subsection (c) 

24 (redesignated as such by section 671(b)(13) of the
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1 Illegal Immigration Reform and Immigrant Respon2 sibility Act of 1996) as subsection (d). 

3 (b) 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 aliens in removal proceedings 

6 on or after such date. 

7 SEC. 403. ASYLUM PETITIONS BY MEMBERS OF TERRORIST 

8 ORGANIZATIONS. 

9 Paragraph (1) of section 208(b) (8 U.S.C. 1158(b)) 

10 is amended by adding at the end the following: ‘‘In any 

11 case in which there may be more than one motive for per12 secution, the alien bears the burden of showing that such 

13 persecution was or would be inflicted solely on account of 

14 race, religion, nationality, membership in a particular so15 cial group, or political opinion.’’. 

16 SEC. 404. EXPATRIATION OF TERRORISTS. 

17 (a) IN GENERAL.—Section 349 of the Immigration 

18 and Nationality Act (8 U.S.C. 1481) is amended—

19 (1) by amending subsection (a)(3) to read as 

20 follows: 

21 ‘‘(3)(A) entering, or serving in, the armed 

22 forces of a foreign state if—

23 ‘‘(i) such armed forces are engaged in hos24 tilities against the United States; or 
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1 ‘‘(ii) such person serves as a commissioned 

2 or non-commissioned officer; or 

3 ‘‘(B) in the case of a naturalized American cit4 izen, joining or serving in, or providing material sup5 port (as defined in section 2339A of title 18, United 

6 States Code) to a terrorist organization designated 

7 under section 212(a)(3) or 219 or designated under 

8 the International Emergency Powers Act, if the or9 ganization is engaged in hostilities against the 

10 United States, its people, or its national security in11 terests.’’; and 

12 (2) by adding at the end of subsection (b): 

13 ‘‘The voluntary commission or performance of an act 

14 described in subsection (a)(3)(A)(i) or (B) shall be 

15 prima facie evidence that the act was done with the 

16 intention of relinquishing United States nation17 ality.’’. 

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

19 subsection (a) shall take effect on the date of the enact20 ment of this Act and shall apply to determinations pending 

21 on or after such date with respect to which a final admin22 istrative decision has not been rendered as of such date. 
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1 Subtitle B—Removing Alien 

2 Criminals 

3 SEC. 411. DEFINITION OF CRIMINAL CONVICTION. 

4 (a) IN GENERAL.—Subparagraph (B) of section 

5 101(a)(48) (8 U.S.C. 1101(a)(48)) is amended by adding 

6 at the end the following: ‘‘Any conviction entered by a 

7 court shall remain valid for immigration purposes notwith8 standing a vacation of that conviction, unless the convic9 tion is vacated on direct appeal wherein the court deter10 mines that vacation is warranted on the merits, or on 

11 grounds relating to a violation of a fundamental statutory 

12 or constitutional right in the underlying criminal pro13 ceedings.’’. 

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

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

16 of this Act and shall apply to determinations pending on 

17 or after such date with respect to which a final administra18 tive decision has not been rendered as of such date. 

19 SEC. 412. REMOVING MURDERERS, RAPISTS, SEXUAL ABUS20 ERS OF CHILDREN, AND DRUNK DRIVERS. 

21 (a) REMOVING MURDERERS, RAPISTS, AND SEXUAL

22 ABUSERS OF CHILDREN.—Subparagraph (A) of section 

23 101(a)(43) (8 U.S.C. 1101(a)(43)) is amended by insert24 ing before the semicolon at the end the following: ‘‘, re25 gardless of the term of imprisonment, and regardless of 
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1 whether the offenses are deemed to be misdemeanors or 

2 felonies under State or Federal law,’’. 

3 (b) REMOVING DRUNK DRIVERS.—Section 

4 101(a)(43)(F) is amended by inserting ‘‘, including a third 

5 drunk driving conviction, regardless of the States in which 

6 the convictions occurred, and regardless of whether the of7 fenses are deemed to be misdemeanors or felonies under 

8 State or Federal law,’’ after ‘‘offense)’’. 

9 (c) EFFECTIVE DATE.—The amendment made by the 

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

11 this Act and shall apply to convictions entered on or after 

12 such date. 

13 SEC. 413. DETENTION AND RELEASE OF CRIMINAL ALIENS 

14 PENDING REMOVAL DECISION. 

15 (a) ARREST AND DETENTION.—

16 (1) IN GENERAL.—Section 236(c)(1) (8 U.S.C. 

17 1226(c)(1)) is amended—

18 (A) by striking the matter preceding sub19 paragraph (A) and inserting the following: 

20 ‘‘(1) ARREST AND DETENTION.—On a warrant 

21 issued by the Secretary of Homeland Security, an 

22 alien shall be arrested and detained pending a deci23 sion on whether the alien is to be removed from the 

24 United States if the Secretary alleges that the 

25 alien—’’; 
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1 (B) in subparagraph (D), by striking the 

2 comma at the end and inserting a period; and 

3 (C) by striking the matter following sub4 paragraph (D) and adding at the end the fol5 lowing: 

6 ‘‘Nothing in this paragraph shall be construed as re7 quiring the Secretary to arrest or detain an alien 

8 who is sentenced to a term of imprisonment until 

9 the alien is released from imprisonment, but parole, 

10 supervised release, probation, or possibility of arrest 

11 or further imprisonment is not a reason for the Sec12 retary to defer arrest and detention under this para13 graph.’’. 

14 (2) EFFECTIVE DATE.—The amendments made 

15 by paragraph (1) shall apply to aliens who are in 

16 proceedings under the Immigration and Nationality 

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

18 if those proceedings have not resulted in a final ad19 ministrative order before such date. 

20 (b) RELEASE.—

21 (1) IN GENERAL.—Section 236(c)(2) (8 U.S.C. 

22 1226(c)(2)) is amended—

23 (A) by inserting after the first sentence the 

24 following: 
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1 ‘‘To satisfy this burden, the alien is required to 

2 present documentary evidence or witness testimony 

3 from a third party, where such evidence is reason4 ably available. No finder of fact may determine that 

5 such evidence is not reasonably available solely be6 cause the alien is detained.’’; and 

7 (B) by adding at the end the following: 

8 ‘‘The Secretary of Homeland Security may release 

9 an alien under this paragraph only on bond of at 

10 least $5,000 with security approved by, and con11 taining conditions prescribed by, the Secretary.’’. 

12 (2) CONDITION ON RELEASE.—Section 236(a) 

13 (8 U.S.C. 1226(a)) is amended by adding at the end 

14 the following: 

15 ‘‘In order to be released, the alien has the burden of prov16 ing that the alien is neither a danger to the community 

17 nor a flight risk. To satisfy this burden, the alien is re18 quired to present documentary evidence or witness testi19 mony from a third party, where such evidence is reason20 ably available. No finder of fact may determine that such 

21 evidence is not reasonably available solely because the 

22 alien is detained.’’. 

23 (3) EFFECTIVE DATE.—The amendments made 

24 by this subsection shall apply to releases occurring 

25 on or after the date of the enactment of this Act.
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1 Subtitle C—Removing Alien 

2 Human Rights Violators 

3 SEC. 421. SERIOUS HUMAN RIGHTS VIOLATOR DEFINED. 

4 Section 101(a) (8 U.S.C. 1101(a)) is amended by 

5 adding at the end the following: 

6 ‘‘(51)(A) The term ‘serious human rights violator’ 

7 means any alien who—

8 ‘‘(i) ordered, incited, assisted, or otherwise par9 ticipated in the persecution of any person on account 

10 of race, religion, nationality, membership in a par11 ticular social group, or political opinion; 

12 ‘‘(ii) while serving as a foreign government offi13 cial, was responsible for, or directly carried out, par14 ticularly severe violations of religious freedom (as 

15 defined in section 3 of the International Religious 

16 Freedom Act of 1998 (22 U.S.C. 6402)); 

17 ‘‘(iii) during an armed conflict, ordered, incited, 

18 assisted, or otherwise participated in a war crime (as 

19 defined in section 2441(c) of title 18, United States 

20 Code); 

21 ‘‘(iv) ordered, incited, assisted, otherwise par22 ticipated in, attempted to commit, or conspired to 

23 commit conduct that would constitute genocide (as 

24 defined in section 1091(a) of title 18, United States 
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1 Code), if the conduct were committed in the United 

2 States or by a United States national; 

3 ‘‘(v) ordered, incited, assisted, or otherwise par4 ticipated in any act of torture (as defined in the 

5 United Nations Convention Against Torture and 

6 Other Forms of Cruel, Inhuman or Degrading 

7 Treatment or Punishment, done at New York on 

8 December 10, 1984, subject to any reservations, un9 derstandings, declarations, and provisos contained in 

10 the United States Senate resolution of ratification of 

11 the Convention); or 

12 ‘‘(vi) committed, ordered, incited, assisted, oth13 erwise participated in, or was responsible for any of 

14 the following acts, when undertaken in whole or in 

15 significant part for a political, religious, or discrimi16 natory purpose: 

17 ‘‘(I) Murder or other homicide. 

18 ‘‘(II) Kidnapping. 

19 ‘‘(III) Disappearance. 

20 ‘‘(IV) Rape. 

21 ‘‘(V) Torture or mutilation. 

22 ‘‘(VI) Prolonged, arbitrary detention. 

23 ‘‘(VII) Enslavement. 

24 ‘‘(VIII) Forced prostitution, impregnation, 

25 sterilization, or abortion. 
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1 ‘‘(IX) Genocide. 

2 ‘‘(X) Extermination. 

3 ‘‘(XI) Recruitment of persons under the 

4 age of 15 for use in armed conflict. 

5 ‘‘(B) Subparagraph (A) shall not apply to an alien 

6 who demonstrates by clear and convincing evidence that 

7 the conduct was committed under extreme duress. For 

8 purposes of the preceding sentence, ‘extreme duress’ 

9 means duress created by a threat of imminent death or 

10 rape of the alien, or a spouse, child, or parent of the 

11 alien.’’. 

12 SEC. 422. DEPORTABILITY OF SERIOUS HUMAN RIGHTS 

13 VIOLATORS. 

14 (a) IN GENERAL.—Section 237(a) (8 U.S.C. 

15 1227(a)) is amended by adding at the end the following: 

16 ‘‘(8) SERIOUS HUMAN RIGHTS VIOLATORS.—

17 Any serious human rights violator is deportable.’’.

18 (b) CONFORMING AMENDMENT.—Section 

19 237(a)(4)(D) (8 U.S.C. 1227(a)(4)(D)) is amended to 

20 read as follows: 

21 ‘‘(D) ASSISTED IN NAZI PERSECUTION.—

22 Any alien described in section 212(a)(3)(E) is 

23 deportable.’’.
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1 SEC. 423. ARREST AND DETENTION OF SERIOUS HUMAN 

2 RIGHTS VIOLATORS PENDING REMOVAL AND 

3 CRIMINAL PROSECUTION DECISIONS. 

4 (a) CUSTODY.—Section 236(c)(1)(D) (8 U.S.C. 

5 1226(c)(1)(D)) is amended by striking ‘‘section 

6 237(a)(4)(B),’’ and inserting ‘‘paragraph (4)(B) or (8) of 

7 section 237(a)’’. 

8 (b) NOTICE TO CRIMINAL DIVISION.—Section 236(c) 

9 (8 U.S.C. 1226(c)) is amended by adding at the end the 

10 following: 

11 ‘‘(3) NOTICE TO CRIMINAL DIVISION.—The Sec12 retary of Homeland Security shall ensure that the 

13 Assistant Attorney General for the Criminal Division 

14 of the Department of Justice—

15 ‘‘(A) is notified when an alien is arrested 

16 and detained under paragraph (1) by reason of 

17 inadmissibility under section 212(a)(2)(G) or 

18 deportability under section 237(a)(8); 

19 ‘‘(B) is provided the information that was 

20 the basis for the application of such paragraph; 

21 and 

22 ‘‘(C) makes a determination whether the 

23 alien should be arrested and prosecuted in the 

24 United States for a criminal offense. 

25 ‘‘(4) REPORTS.—Beginning 6 months after the 

26 date of the enactment of the Securing America’s Fu-
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1 ture through Enforcement Reform Act of 2003, and 

2 every 12 months thereafter, the Secretary of Home3 land Security and the Attorney General shall submit 

4 to the Committees on the Judiciary of the United 

5 States House of Representatives and of the Senate 

6 a report containing the following: 

7 ‘‘(A) The number of removal proceedings 

8 initiated against aliens under sections 

9 212(a)(2)(G) and 237(a)(8) during the report10 ing period. 

11 ‘‘(B) The number of removal proceedings 

12 under sections 212(a)(2)(G) and 237(a)(8) 

13 pending at the conclusion of the reporting pe14 riod. 

15 ‘‘(C) The number of aliens removed under 

16 sections 212(a)(2)(G) and 237(a)(8) during the 

17 reporting period. 

18 ‘‘(D) The number of notifications under 

19 paragraph (3)(A) made during the reporting pe20 riod. 

21 ‘‘(E) The number of criminal prosecutions 

22 initiated during the reporting period based on 

23 information provided under paragraph (3). 

24 ‘‘(F) The number of criminal prosecutions 

25 pending at the conclusion of the reporting pe-
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1 riod that were initiated based on information 

2 provided under paragraph (3). 

3 ‘‘(G) The number of criminal prosecutions 

4 initiated based on information provided under 

5 paragraph (3) that resulted in a conviction dur6 ing the reporting period.’’. 

7 SEC. 424. EXCEPTION TO RESTRICTION ON REMOVAL FOR 

8 SERIOUS HUMAN RIGHTS VIOLATORS AND 

9 TERRORISTS. 

10 Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is 

11 amended—

12 (1) in the matter preceding clause (i), by strik13 ing ‘‘section 237(a)(4)(D)’’ and inserting ‘‘subpara14 graph (B) or (D) of section 237(a)(4)’’; and 

15 (2) by amending clause (i) to read as follows: 

16 ‘‘(i) the alien is a serious human 

17 rights violator;’’.

18 SEC. 425. INITIATION OF REMOVAL PROCEEDINGS AGAINST 

19 SERIOUS HUMAN RIGHTS VIOLATORS BY 

20 COMPLAINT. 

21 Section 239 (8 U.S.C. 1229) is amended by adding 

22 at the end the following: 

23 ‘‘(e) COMPLAINTS RESPECTING SERIOUS HUMAN

24 RIGHTS VIOLATORS.—
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1 ‘‘(1) ESTABLISHMENT OF PROCESS.—The Sec2 retary of Homeland Security shall establish a proc3 ess for the receipt, investigation, and disposition of 

4 complaints alleging that an alien present in the 

5 United States is a serious human rights violator and 

6 identifying that alien. 

7 ‘‘(2) PERSONS ENTITLED TO FILE COM8 PLAINTS.—Any individual may file a complaint 

9 under paragraph (1). 

10 ‘‘(3) FORM AND CONTENT OF COMPLAINT.—A 

11 complaint under paragraph (1) shall be in the form 

12 of a written statement, executed under oath or as 

13 permitted under penalty of perjury under section 

14 1746 of title 28, United States Code, and shall con15 tain such information as the Secretary of Homeland 

16 Security may require. Complaints shall be filed with 

17 an office designated for that purpose by the Sec18 retary. 

19 ‘‘(4) NOTICE SERVED ON SUBJECT OF COM20 PLAINT.—The Secretary shall serve notice, by cer21 tified mail and within 14 days of the filing of a com22 plaint under paragraph (1), on each alien identified 

23 in the complaint as a serious human rights violator. 

24 The alien shall answer the complaint within 10 days 

25 of receiving it. 
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1 ‘‘(5) INVESTIGATION AND ACTION.—The Sec2 retary shall conduct an investigation of each com3 plaint that satisfies the requirements of this sub4 section. Not later than 180 days after the date of fil5 ing of such a complaint, the Secretary, with respect 

6 to each alien identified in the complaint as a serious 

7 human rights violator—

8 ‘‘(A) shall initiate removal proceedings 

9 against the alien; or 

10 ‘‘(B) shall issue to the complainant a writ11 ten determination that, in the opinion of the 

12 Secretary, the alien is not a serious human 

13 rights violator. 

14 ‘‘(6) CONSTRUCTION.—Nothing in this sub15 section shall be construed to limit the discretion of 

16 consular officers under section 291 to determine eli17 gibility for a visa or document required for entry or 

18 to limit the discretion of any immigration officer 

19 otherwise to initiate removal proceedings under this 

20 Act.’’.

21 SEC. 426. BARS TO REFUGEE STATUS AND ASYLUM FOR SE22 RIOUS HUMAN RIGHTS VIOLATORS. 

23 (a) REFUGEE DEFINED.—Section 101(a)(42) (8 

24 U.S.C. 1101(a)(42)) is amended by striking the second 

25 sentence and inserting ‘‘The term ‘refugee’ does not in-
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1 clude any person who is a serious human rights violator 

2 as defined in section 101(a)(51)(A).’’. 

3 (b) NO WAIVER OF GROUND OF INADMISSIBILITY

4 FOR REFUGE SEEKERS.—Section 207(c)(3) (8 U.S.C. 

5 1157(c)(3)) is amended by inserting ‘‘or (2)(G)’’ after 

6 ‘‘(2)(C)’’. 

7 (c) EXCEPTIONS TO GRANTING ASYLUM.—Section 

8 208(b)(2)(A)(i) (8 U.S.C. 1158(b)(2)(A)(i)) is amended to 

9 read as follows: 

10 ‘‘(i) the alien is a serious human 

11 rights violator;’’. 

12 (d) EXTENSION TO SPOUSES AND CHILDREN OF EX13 CEPTIONS TO GRANTING ASYLUM.—Section 208(b)(3) of 

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

15 1158(b)(3)) is amended by striking ‘‘such alien.’’ and in16 serting ‘‘such alien, unless the Secretary of Homeland Se17 curity determines that one of the exceptions in clauses (i) 

18 through (v) of paragraph (2)(A) applies to the spouse or 

19 child.’’. 

20 SEC. 427. BAR TO ADJUSTMENT OF STATUS FOR SERIOUS 

21 HUMAN RIGHTS VIOLATORS. 

22 Section 209(c) (8 U.S.C. 1159(c)) is amended by in23 serting ‘‘or (2)(G)’’ after ‘‘(2)(C)’’. 
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1 SEC. 428. BAR TO FINDING OF GOOD MORAL CHARACTER 

2 FOR SERIOUS HUMAN RIGHTS VIOLATORS. 

3 Section 101(f) (8 U.S.C. 1101(f)) is amended by in4 serting after paragraph (1) the following: 

5 ‘‘(2) a serious human rights violator;’’. 

6 SEC. 429. BAR TO CANCELLATION OF REMOVAL FOR SERI7 OUS HUMAN RIGHTS VIOLATORS. 

8 Section 240A(c)(4) (8 U.S.C. 2339b(c)(4)) is amend9 ed—

10 (1) by striking ‘‘section 212(a)(3)’’ and insert11 ing ‘‘paragraph (2)(G) or (3) of section 212(a)’’; 

12 and 

13 (2) by striking ‘‘section 237(a)(4).’’ and insert14 ing ‘‘paragraph (4) or (8) of section 237(a).’’. 

15 SEC. 430. BAR TO ADJUSTMENT OF STATUS WITH RESPECT 

16 TO CERTAIN SPECIAL IMMIGRANTS. 

17 Section 245(h)(2)(B) (8 U.S.C. 1255(h)(2)(B)) is 

18 amended by inserting ‘‘(2)(G),’’ before ‘‘(3)(A)’’. 

19 SEC. 431. CRIMINAL PENALTIES FOR REENTRY OF RE20 MOVED SERIOUS HUMAN RIGHTS VIOLATORS. 

21 Section 276(b) (8 U.S.C. 1326(b)) is amended—

22 (1) in paragraph (3), by striking ‘‘sentence. or’’ 

23 and inserting ‘‘sentence;’’; 

24 (2) in paragraph (4), by striking the period at 

25 the end and inserting ‘‘; or’’; and 
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1 (3) by inserting after paragraph (4) the fol2 lowing: 

3 ‘‘(5) who was removed from the United States 

4 pursuant to section 212(a)(2)(G) or 237(a)(8), and 

5 who thereafter, without the permission of the Sec6 retary of Homeland Security, enters, attempts to 

7 enter, or is at any time found in, the United States 

8 shall be fined under title 18, United States Code, 

9 imprisoned not more than 10 years, or both.’’. 

10 SEC. 432. AIDING OR ASSISTING SERIOUS HUMAN RIGHTS 

11 VIOLATORS TO ENTER THE UNITED STATES. 

12 Section 277 (8 U.S.C. 1327) is amended by striking 

13 ‘‘felony)’’ and inserting ‘‘felony or is a serious human 

14 rights violator)’’.

15 SEC. 433. REVISION OF REGULATIONS WITH RESPECT TO 

16 THE INVOLUNTARY RETURN OF PERSONS IN 

17 DANGER OF SUBJECTION TO TORTURE. 

18 (a) REGULATIONS.—

19 (1) REVISION DEADLINE.—Not later than 120 

20 days after the date of the enactment of this Act, the 

21 Secretary of Homeland Security shall revise the reg22 ulations prescribed by the Secretary to implement 

23 the United Nations Convention Against Torture and 

24 Other Forms of Cruel, Inhuman or Degrading 
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1 Treatment or Punishment, done at New York on 

2 December 10, 1984. 

3 (2) EXCLUSION OF CERTAIN ALIENS.—The re4 vision shall exclude from the protection of such regu5 lations aliens described in section 241(b)(3)(B) of 

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

7 1231(b)(3)(B)) (as amended by section 424 of this 

8 Act), including rendering such aliens ineligible for 

9 withholding or deferral of removal under the Con10 vention. 

11 (3) BURDEN OF PROOF.—The revision shall 

12 also ensure that the burden of proof is on the appli13 cant for withholding or deferral of removal under the 

14 Convention to establish by clear and convincing evi15 dence that he or she would be tortured if removed 

16 to the proposed country of removal. 

17 (b) JUDICIAL REVIEW.—Notwithstanding any other 

18 provision of law, no court shall have jurisdiction to review 

19 the regulations adopted to implement this section, and 

20 nothing in this section shall be construed as providing any 

21 court jurisdiction to consider or review claims raised under 

22 the Convention or this section, except as part of the review 

23 of a final order of removal pursuant to section 242 of the 

24 Immigration and Nationality Act (8 U.S.C. 1252).
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1 SEC. 434. FUNDING FOR DETENTION AND REMOVAL ASSIST2 ANCE PROVIDED BY STATE AND LOCAL LAW 

3 ENFORCEMENT AGENCIES. 

4 (a) The Secretary of Homeland Security shall reim5 burse verifiable claims submitted by a law enforcement 

6 agency of a State, or any political subdivision of a State, 

7 that were lawfully incurred for the emergency medical 

8 care, housing, and care in a secure facility, and the trans9 portation into Federal custody at a location designated by 

10 the Secretary, of any alien detained as inadmissible under 

11 section 212(a) of the Immigration and Nationality Act (8 

12 U.S.C. 1182(a)) or deportable under section 237(a) of 

13 such Act (8 U.S.C. 1227(a)), if—

14 (1) transfer to Federal custody has occurred; 

15 (2)(A) a determination is subsequently made 

16 under section 240(c)(1) of the Immigration and Na17 tionality Act (8 U.S.C. 1229a(c)(1)) that such alien 

18 is removable; or 

19 (B) a determination is made that the alien has 

20 permanently departed the United States; and 

21 (3) reimbursement for all costs excepting trans22 portation costs is made according to per diem rates 

23 established by the Secretary. 

24 (b) Per diem rates described in subparagraph (a)(3) 

25 shall be determined after public notice and comment. 
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1 (c) In addition to funds otherwise available for such 

2 purpose, there are authorized to be appropriated to the 

3 Department of Homeland Security such sums as may be 

4 necessary to carry out subsection (a). 

5 SEC. 435. EFFECTIVE DATE. 

6 This subtitle, and the amendments made by this sub7 title, shall take effect on the date of the enactment of this 

8 Act and shall apply to violations occurring before (except 

9 for section 434 of this Act), on, or after such date. 

10 TITLE V—ENHANCING ENFORCE11 MENT OF THE IMMIGRATION 

12 AND NATIONALITY ACT IN 

13 THE INTERIOR 

14 Subtitle A—Document Security 

15 SEC. 501. SECURE TRAVEL DOCUMENTS. 

16 (a) IN GENERAL.—Section 215 (8 U.S.C. 1185) is 

17 amended—

18 (1) by adding at the end the following: 

19 ‘‘(g)(1) The use by any person of any travel or identi20 fication document designated as insecure by the Secretary 

21 of Homeland Security (hereafter ‘the Secretary’) for entry 

22 into or departure from the United States at any land, sea 

23 or air port of entry, is prohibited. 

24 ‘‘(2) The use by any alien of any travel or identifica25 tion document designated as insecure by the Secretary to 
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1 identify such aliens for purposes of transportation of per2 sons by public or private conveyance in interstate com3 merce is prohibited. 

4 ‘‘(3) The Secretary may waive the prohibition in 

5 paragraph (1) for citizens and legal permanent residents 

6 of the United States whose identity has been verified by 

7 a designation or endorsement of such status on the identi8 fication document by a state or federal government agen9 cy.’’; and 

10 (2) in subsection (c), by adding at the end the 

11 following: ‘‘The term ‘insecure travel or identifica12 tion document’ as used in this section means a driv13 ers license or identification card issued by a state or 

14 any political subdivision thereof, or by a consular 

15 representative or agent of a foreign government in 

16 the United States, which appears on a list estab17 lished and maintained by the Secretary of docu18 ments which the Secretary has determined may be 

19 issued to an alien who, on the date of issuance of 

20 such document, is unlawfully present in the United 

21 States after the expiration of the period of stay au22 thorized by the Secretary or is present in the United 

23 States without being admitted or paroled.’’. 

24 (b) EFFECTIVE DATES.—
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1 (1) The Secretary shall issue the list of insecure 

2 documents described in section 215(c) of the Immi3 gration and Nationality Act, as amended by sub4 section (a), not later than 60 days after the date of 

5 the enactment of this Act. Such list shall be updated 

6 semiannually thereafter, or upon application by any 

7 State or foreign government that has demonstrated 

8 to the satisfaction of the Secretary that a travel or 

9 identification document issued by such government 

10 is no longer insecure. 

11 (2) Section 215(g)(1) of such Act, as so amend12 ed, shall take effect 60 days after issuance of such 

13 list of insecure documents by the Secretary. 

14 (3) Section 215(g)(2) of such Act, as so amend15 ed, shall take effect 90 days after the date of the en16 actment of this Act. 

17 SEC. 502. SOCIAL SECURITY CARDS. 

18 (a) IMPROVEMENTS TO CARD.—

19 (1) IN GENERAL.—For purposes of carrying out 

20 section 274A of the Immigration and Nationality 

21 Act, the Commissioner of Social Security (in this 

22 section referred to as the ‘‘Commissioner’’) shall 

23 make such improvements to the physical design, 

24 technical specifications, and materials of the social 

25 security account number card as are necessary to 
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•HR 3522 IH 

1 ensure that it is a genuine official document and 

2 that it offers the best possible security against coun3 terfeiting, forgery, alteration, and misuse. 

4 (2) PERFORMANCE STANDARDS.—In making 

5 the improvements required in paragraph (1), the 

6 Commissioner shall—

7 (A) make the card as secure against coun8 terfeiting as the 100 dollar Federal Reserve 

9 note, with a rate of counterfeit detection com10 parable to the 100 dollar Federal Reserve note; 

11 and 

12 (B) make the card as secure against fraud13 ulent use as a United States passport. 

14 (3) DEFINITION.—In this section, the term ‘‘se15 cured social security account number card’’ means a 

16 social security account number card issued in ac17 cordance with the requirements of this paragraph. 

18 (4) EFFECTIVE DATE.—All social security ac19 count number cards issued after January 1, 2006, 

20 whether new or replacement, shall be secured social 

21 security account number cards. 

22 (b) NOT A NATIONAL IDENTIFICATION CARD.—

23 Cards issued pursuant to this section shall not be required 

24 to be carried upon one’s person, and nothing in this sec-
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1 tion shall be construed as authorizing the establishment 

2 of a national identification card. 

3 (c) EDUCATION CAMPAIGN.—The Secretary of 

4 Homeland Security, in consultation with the Commis5 sioner of Social Security, shall conduct a comprehensive 

6 campaign to educate employers about the security features 

7 of the secured social security card and how to detect coun8 terfeit or fraudulently used social security account number 

9 cards. 

10 (d) ANNUAL REPORTS.—The Commissioner of Social 

11 Security shall submit to Congress by July 1 of each year 

12 a report on—

13 (1) the progress and status of developing a se14 cured social security account number card under this 

15 section; 

16 (2) the incidence of counterfeit production and 

17 fraudulent use of social security account number 

18 cards; and 

19 (3) the steps being taken to detect and prevent 

20 such counterfeiting and fraud. 

21 (e) GAO ANNUAL AUDITS.—The Comptroller Gen22 eral of the United States shall perform an annual audit, 

23 the results of which are to be presented to the Congress 

24 by January 1 of each of the 5 years following the date 

25 of the enactment of the Securing America’s Future
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•HR 3522 IH 

1 through Enforcement Reform Act of 2003, on the per2 formance of the Social Security Administration in meeting 

3 the requirements in paragraph (1). 

4 (f) EXPENSES.—No costs incurred in developing and 

5 issuing cards under this section that are above the costs 

6 that would have been incurred for cards issued in the ab7 sence of this section shall be paid for out of any trust 

8 fund established under the Social Security Act. There are 

9 authorized to be appropriated such sums as may be nec10 essary to carry out this section.

11 SEC. 503. CONSULAR IDENTIFICATION DOCUMENTS. 

12 (a) ACCEPTANCE OF FOREIGN IDENTIFICATION DOC13 UMENTS.—

14 (1) IN GENERAL.—No agency, commission, en15 tity, or agent of the executive or legislative branches 

16 of the federal government may accept, acknowledge, 

17 recognize, or rely on for purposes of personal identi18 fication any identification document issued by a for19 eign government, unless otherwise mandated by Fed20 eral law. 

21 (A) For purposes of this section, an agent 

22 shall include: 

23 (i) a Federal contractor or grantee; 
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•HR 3522 IH 

1 (ii) a financial institution that is a 

2 member of the Federal Reserve System, 

3 described in 12 U.S.C. 321; or 

4 (iii) an institution exempted from 

5 Federal income taxation described in 26 

6 U.S.C. 501. 

7 (2) EXCEPTIONS.—

8 (A) A person who is not a citizen of the 

9 United States may present for personal identi10 fication purposes an official identification docu11 ment issued by a foreign government, or other 

12 foreign identification document recognized by 

13 treaty, if—

14 (i) such noncitizen also simultaneously 

15 presents valid verifiable documentation of 

16 lawful presence in the United States issued 

17 by an agency of the Federal Government; 

18 (ii) reporting a violation of law; or 

19 (iii) such use is expressly permitted by 

20 Federal law. 

21 (B) The provisions of paragraph (1) shall 

22 not apply to inspections of alien applicants for 

23 admission to the United States, nor to 

24 verification of personal identification outside 

25 the United States. 
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1 (3) LISTING OF ACCEPTABLE DOCUMENTS.—

2 The United States Department of Homeland Secu3 rity shall issue, maintain in printed and electronic 

4 media, and disseminate to the public at no cost an 

5 updated listing, compiled in consultation with the 

6 United States Department of State, and including 

7 sample facsimiles, of all acceptable federal docu8 ments that satisfy the requirements of paragraph 

9 (2)(A). Such listing may, at the discretion of the 

10 Secretary of Homeland Security, include a similar 

11 listing of documents establishing employment au12 thorization or identity under section 274A(b) of the 

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

14 1324a(b)). 

15 (b) Section 274C of the Immigration and Nationality 

16 Act (8 U.S.C. 1324c) is amended—

17 (1) in subsection (a)—

18 (A) by redesignating paragraph (6) as 

19 paragraph (7); and 

20 (B) by inserting after paragraph (5) the 

21 following: 

22 ‘‘(6) to use to establish personal identity, before 

23 any agent of the Federal Government, or before any 

24 agency of the Federal Government or of a State or 

25 any political subdivision therein, a travel or identi-
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1 fication document issued by a foreign government 

2 that is not accepted by the Secretary of Homeland 

3 Security to establish personal identity for purposes 

4 of admission to the United States at a port of entry, 

5 except where a person who is not a citizen of the 

6 United States (A) simultaneously presents valid 

7 verifiable documentation of lawful presence in the 

8 United States issued by an agency of the federal 

9 government, or (B) is reporting a violation of law, 

10 or (C) such use is expressly permitted by Federal 

11 law.’’; and 

12 (2) in subsection (d)—

13 (A) by redesignating paragraphs (2) 

14 though (7) as paragraphs (3) through (8), re15 spectively; and 

16 (B) by inserting after paragraph (1) the 

17 following: 

18 ‘‘(2) Every complete complaint of a violation 

19 described in subsection (a) that has been filed by an 

20 entity described in subsection (b), or by a private 

21 party aggrieved by such violation, shall be promptly 

22 investigated. The Secretary of Homeland Security 

23 shall issue a cease and desist order with money pen24 alty in each case determined after investigation to 

25 constitute a violation under subsection (a).’’. 
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•HR 3522 IH 

1 (c) QUALIFIED IMMUNITY.—Actions taken in viola2 tion of subsections (a) of this section, or section 274C of 

3 the Immigration and Nationality Act (8 U.S.C. 1324c), 

4 as amended by subsection (b), shall be deemed outside the 

5 official capacity of the elected official or officer, employee, 

6 or agent of a Federal agency so acting.

7 Subtitle B—Employment Eligibility 

8 Verification 

9 SEC. 511. EMPLOYMENT ELIGIBILITY VERIFICATION PROC10 ESS AND ELIMINATION OF EXAMINATION OF 

11 DOCUMENTATION REQUIREMENT. 

12 (a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 

13 is amended—

14 (1) in subsection (a)(1)(A), by striking ‘‘for a 

15 fee’’; 

16 (2) in subsection (a)(3)—

17 (A) by inserting ‘‘(A)’’ after

18 ‘‘DEFENSE.—’’; and 

19 (B) by adding at the end the following: 

20 ‘‘(B) FAILURE TO SEEK AND OBTAIN

21 VERIFICATION.—In the case of a hiring of an indi22 vidual for employment in the United States by a 

23 person or entity, the following requirements apply: 

24 ‘‘(i) FAILURE TO SEEK VERIFICATION.—
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1 ‘‘(I) IN GENERAL.—If the person or 

2 entity has not made an inquiry, under the 

3 mechanism established under subsection 

4 (b)(4), seeking verification of the identity, 

5 social security number, and work eligibility 

6 of the individual, by not later than the end 

7 of 3 working days (as specified by the Sec8 retary of Homeland Security) after the 

9 date of the hiring, the defense under sub10 paragraph (A) shall not be considered to 

11 apply with respect to any employment after 

12 such 3 working days, except as provided in 

13 subclause (II). 

14 ‘‘(II) SPECIAL RULE FOR FAILURE OF

15 VERIFICATION MECHANISM.—If such a per16 son or entity in good faith attempts to 

17 make an inquiry during such 3 working 

18 days in order to qualify for the defense 

19 under subparagraph (A) and the 

20 verification mechanism has registered that 

21 not all inquiries were responded to during 

22 such time, the person or entity can make 

23 an inquiry until the end of the first subse24 quent working day in which the verification
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•HR 3522 IH 

1 mechanism registers no nonresponses and 

2 qualify for such defense. 

3 ‘‘(ii) FAILURE TO OBTAIN

4 VERIFICATION.—If the person or entity has 

5 made the inquiry described in clause (i)(I) but 

6 has not received an appropriate verification of 

7 such identity, number, and work eligibility 

8 under such mechanism within the time period 

9 specified under subsection (b)(4)(B) after the 

10 time the verification inquiry was received, the 

11 defense under subparagraph (A) shall not be 

12 considered to apply with respect to any employ13 ment after the end of such time period.’’; 

14 (3) in subsection (b)(1)—

15 (A) by amending the paragraph heading to 

16 read as follows: 

17 ‘‘(1) ATTESTATION.—’’; and 

18 (B) by amending subparagraph (A) to read 

19 as follows: 

20 ‘‘(A) IN GENERAL.—The person or entity 

21 must attest, under penalty of perjury and on a 

22 form designated or established by the Secretary 

23 of Homeland Security by regulation, that it has 

24 verified that the individual is not an unauthor25 ized alien by obtaining from the individual the 
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1 individual’s social security account number and 

2 recording the number on the form (if the indi3 vidual claims to have been issued such a num4 ber), and, if the individual does not attest to 

5 United States citizenship under paragraph (2), 

6 obtaining such identification or authorization 

7 number established by the Department of 

8 Homeland Security for the alien as the Sec9 retary may specify, and recording such number 

10 on the form.’’; 

11 (4) in subsection (b)(2), by adding at the end 

12 the following: ‘‘The individual must also provide that 

13 individual’s social security account number (if the 

14 individual claims to have been issued such a num15 ber), and, if the individual does not attest to United 

16 States citizenship under this paragraph, such identi17 fication or authorization number established by the 

18 Department of Homeland Security for the alien as 

19 the Secretary of Homeland Security may specify.’’; 

20 and 

21 (5) by amending subsection (b)(3) to read as 

22 follows: 

23 ‘‘(3) RETENTION OF VERIFICATION FORM AND

24 VERIFICATION.—
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1 ‘‘(A) IN GENERAL.—After completion of 

2 such form in accordance with paragraphs (1) 

3 and (2), the person or entity must—

4 ‘‘(i) retain the form and make it avail5 able for inspection by officers of the De6 partment of Homeland Security, the Spe7 cial Counsel for Immigration-Related Un8 fair Employment Practices, or the Depart9 ment of Labor during a period beginning 

10 on the date of the hiring, recruiting, or re11 ferral of the individual and ending—

12 ‘‘(I) in the case of the recruiting 

13 or referral for a fee (without hiring) 

14 of an individual, three years after the 

15 date of the recruiting or referral; and 

16 ‘‘(II) in the case of the hiring of 

17 an individual, the later of—

18 ‘‘(aa) three years after the 

19 date of such hiring; or 

20 ‘‘(bb) one year after the 

21 date the individual’s employment 

22 is terminated; and 

23 ‘‘(ii) make an inquiry, as provided in 

24 paragraph (4), using the verification sys25 tem to seek verification of the identity and 
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1 employment eligibility of an individual, by 

2 not later than the end of 3 working days 

3 (as specified by the Secretary of Homeland 

4 Security) after the date of the hiring (or 

5 recruitment or referral, as the case may 

6 be). 

7 ‘‘(B) VERIFICATION.—

8 ‘‘(i) VERIFICATION RECEIVED.—If the 

9 person or other entity receives an appro10 priate verification of an individual’s iden11 tity and work eligibility under the 

12 verification system within the time period 

13 specified, the person or entity shall record 

14 on the form an appropriate code that is 

15 provided under the system and that indi16 cates a final verification of such identity 

17 and work eligibility of the individual. 

18 ‘‘(ii) TENTATIVE NONVERIFICATION

19 RECEIVED.—If the person or other entity 

20 receives a tentative nonverification of an 

21 individual’s identity or work eligibility 

22 under the verification system within the 

23 time period specified, the person or entity 

24 shall so inform the individual for whom the 

25 verification is sought. If the individual does 
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1 not contest the nonverification within the 

2 time period specified, the nonverification 

3 shall be considered final. The person or en4 tity shall then record on the form an ap5 propriate code which has been provided 

6 under the system to indicate a tentative 

7 nonverification. If the individual does con8 test the nonverification, the individual shall 

9 utilize the process for secondary 

10 verification provided under paragraph (4). 

11 The nonverification will remain tentative 

12 until a final verification or nonverification 

13 is provided by the verification system with14 in the time period specified. In no case 

15 shall an employer terminate employment of 

16 an individual because of a failure of the in17 dividual to have identity and work eligi18 bility confirmed under this section until a 

19 nonverification becomes final. Nothing in 

20 this clause shall apply to a termination of 

21 employment for any reason other than be22 cause of such a failure. 

23 ‘‘(iii) FINAL VERIFICATION OR

24 NONVERIFICATION RECEIVED.—If a final 

25 verification or nonverification is provided 
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1 by the verification system regarding an in2 dividual, the person or entity shall record 

3 on the form an appropriate code that is 

4 provided under the system and that indi5 cates a verification or nonverification of 

6 identity and work eligibility of the indi7 vidual. 

8 ‘‘(iv) EXTENSION OF TIME.—If the 

9 person or other entity in good faith at10 tempts to make an inquiry during such 3 

11 working days and the verification system 

12 has registered that not all inquiries were 

13 received during such time, the person or 

14 entity may make an inquiry in the first 

15 subsequent working day in which the 

16 verification system registers that it has re17 ceived all inquiries. If the verification sys18 tem cannot receive inquiries at all times 

19 during a day, the person or entity merely 

20 has to assert that the entity attempted to 

21 make the inquiry on that day for the pre22 vious sentence to apply to such an inquiry, 

23 and does not have to provide any addi24 tional proof concerning such inquiry. 
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1 ‘‘(v) CONSEQUENCES OF

2 NONVERIFICATION.—If the person or other 

3 entity has received a final nonverification 

4 regarding an individual, the person or enti5 ty shall terminate employment (or recruit6 ment or referral) of the individual.’’. 

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

8 subsection (a) shall take effect 2 years after the date of 

9 the enactment of this Act. Retention of form requirements 

10 under section 274A(b)(3) of the Immigration and Nation11 ality Act, as in effect before such effective date, shall re12 main in effect as if this section had not been enacted for 

13 forms completed before such effective date. 

14 SEC. 512. EMPLOYMENT ELIGIBILITY VERIFICATION SYS15 TEM. 

16 (a) IN GENERAL.— Section 274A(b)(4) (8 U.S.C. 

17 1324a(b)(4)) is amended to read as follows: 

18 ‘‘(4) EMPLOYMENT ELIGIBILITY VERIFICATION

19 SYSTEM.—

20 ‘‘(A) IN GENERAL.—The Secretary of 

21 Homeland Security shall establish a verification 

22 system through which the Secretary (or a des23 ignee of the Secretary, which may be a non24 governmental entity)—
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1 ‘‘(i) responds to inquiries made by 

2 persons at any time through a toll-free 

3 telephone line or other toll-free electronic 

4 media concerning an individual’s identity 

5 and whether the individual is authorized to 

6 be employed; and 

7 ‘‘(ii) maintains records of the inquir8 ies that were made, of verifications pro9 vided (or not provided), and of the codes 

10 provided to inquirers as evidence of their 

11 compliance with their obligations under 

12 this section. 

13 To the extent practicable, the Secretary shall 

14 seek to establish such a system using one or 

15 more nongovernmental entities. 

16 ‘‘(B) INITIAL RESPONSE.—The verification 

17 system shall provide verification or a tentative 

18 nonverification of an individual’s identity and 

19 employment eligibility within 3 working days of 

20 the initial inquiry. If providing verification or 

21 tentative nonverification, the verification system 

22 shall provide an appropriate code indicating 

23 such verification or such nonverification. 

24 ‘‘(C) SECONDARY VERIFICATION PROCESS

25 IN CASE OF TENTATIVE NONVERIFICATION.—In 
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1 cases of tentative nonverification, the Secretary 

2 of Homeland Security shall specify, in consulta3 tion with the Commissioner of Social Security, 

4 an available secondary verification process to 

5 confirm the validity of information provided and 

6 to provide a final verification or nonverification 

7 within 7 working days after the date of the ten8 tative nonverification. When final verification or 

9 nonverification is provided, the verification sys10 tem shall provide an appropriate code indicating 

11 such verification or nonverification. 

12 ‘‘(D) DESIGN AND OPERATION OF SYS13 TEM.—The verification system shall be designed 

14 and operated—

15 ‘‘(i) to maximize its reliability and 

16 ease of use by persons and other entities 

17 consistent with insulating and protecting 

18 the privacy and security of the underlying 

19 information; 

20 ‘‘(ii) to respond to all inquiries made 

21 by such persons and entities on whether 

22 individuals are authorized to be employed 

23 and to register all times when such inquir24 ies are not received; 
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1 ‘‘(iii) with appropriate administrative, 

2 technical, and physical safeguards to pre3 vent unauthorized disclosure of personal 

4 information; and 

5 ‘‘(iv) to have reasonable safeguards 

6 against the system’s resulting in unlawful 

7 discriminatory practices based on national 

8 origin or citizenship status, including—

9 ‘‘(I) the selective or unauthorized 

10 use of the system to verify eligibility; 

11 ‘‘(II) the use of the system prior 

12 to an offer of employment; or 

13 ‘‘(III) the exclusion of certain in14 dividuals from consideration for em15 ployment as a result of a perceived 

16 likelihood that additional verification 

17 will be required, beyond what is re18 quired for most job applicants. 

19 ‘‘(E) RESPONSIBILITIES OF THE COMMIS20 SIONER OF SOCIAL SECURITY.—As part of the 

21 verification system, the Commissioner of Social 

22 Security, in consultation with the entity respon23 sible for administration of the system, shall es24 tablish a reliable, secure method, which, within 

25 the time periods specified under subparagraphs 
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1 (B) and (C), verifies, for each individual whose 

2 identity and employment eligibility must be con3 firmed under this section, the individual’s name 

4 and social security account number, the cor5 respondence of the name and number, and 

6 whether the social security number presented is 

7 valid for employment. The Commissioner shall 

8 not disclose or release social security informa9 tion (other than such verification or 

10 nonverification). If, in carrying out this sub11 paragraph, the Commissioner becomes aware of 

12 a suspicious pattern of use of a social security 

13 account number, the Commissioner shall inves14 tigate such suspicious pattern, or shall notify 

15 the Secretary of Homeland Security of it. Noth16 ing in the Social Security Act or any other pro17 vision of law shall be construed to prevent the 

18 Commissioner from so notifying the Secretary. 

19 Upon receipt of such notification, the Secretary 

20 shall investigate in lieu of the Commissioner. 

21 ‘‘(F) RESPONSIBILITIES OF THE SEC22 RETARY OF HOMELAND SECURITY.—As part of 

23 the verification system, the Secretary of Home24 land Security, in consultation with the entity 

25 responsible for administration of the system, 
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1 shall establish a reliable, secure method, which, 

2 within the time periods specified under sub3 paragraphs (B) and (C), compares the name 

4 and alien identification or authorization number 

5 which are provided in an inquiry against such 

6 information maintained by the Secretary in 

7 order to validate (or not validate) the informa8 tion provided, the correspondence of the name 

9 and number, and whether the alien is author10 ized to be employed in the United States. 

11 ‘‘(G) UPDATING INFORMATION.—The 

12 Commissioner of Social Security and the Sec13 retary of Homeland Security shall update their 

14 information in a manner that promotes the 

15 maximum accuracy and shall provide a process 

16 for the prompt correction of erroneous informa17 tion, including instances in which it is brought 

18 to their attention in the secondary verification 

19 process described in subparagraph (C). 

20 ‘‘(H) LIMITATION ON USE OF THE

21 VERIFICATION SYSTEM AND ANY RELATED SYS22 TEMS.—Nothing in this paragraph shall be con23 strued to authorize, directly or indirectly, the 

24 issuance or use of national identification cards 
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1 or the establishment of a national identification 

2 card. 

3 ‘‘(I) FEDERAL TORT CLAIMS ACT.—If an 

4 individual alleges that the individual would not 

5 have been dismissed from a job but for an error

6 of the verification mechanism, the individual 

7 may seek compensation only through the mech8 anism of the Federal Tort Claims Act, and in9 junctive relief to correct such error. No class 

10 action may be brought under this subpara11 graph. 

12 ‘‘(J) PROTECTION FROM LIABILITY FOR

13 ACTIONS TAKEN ON THE BASIS OF INFORMA14 TION.—No person or entity shall be civilly or 

15 criminally liable for any action taken in good 

16 faith reliance on information provided through 

17 the employment eligibility verification mecha18 nism established under this paragraph.’’. 

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

20 subsection (a) shall take effect 2 years after the date of 

21 the enactment of this Act. 
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1 SEC. 513. NOTIFICATION BY COMMISSIONER OF FAILURE 

2 TO CORRECT SOCIAL SECURITY INFORMA3 TION. 

4 The Commissioner of Social Security shall promptly 

5 notify the Secretary of Homeland Security of the failure 

6 of any individual to provide, upon any request of the Com7 missioner made pursuant to section 205(c)(2) of the Social 

8 Security Act (42 U.S.C. 405(c)(2)), evidence necessary, 

9 under such section—

10 (1) to establish the age, citizenship, or alien 

11 status of the individual; 

12 (2) to establish such individual’s true identity; 

13 or 

14 (3) to determine which (if any) social security 

15 account number has previously been assigned to 

16 such individual. 

17 SEC. 514. PROTECTION FOR INDIVIDUALS REPORTING IM18 MIGRATION LAW VIOLATIONS. 

19 Section 274B(A)(5) of the Immigration and Nation20 ality Act (8 U.S.C. 1324b(A)(5)) is amended by adding 

21 at the end the following: ‘‘Notwithstanding any other pro22 vision of law, the rights protected by this paragraph in23 clude the right of any individual to report a violation or 

24 suspected violation of any immigration law to the Depart25 ment of Homeland Security or a law enforcement agen26 cy.’’. 
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1 Subtitle C—Miscellaneous 

2 SEC. 521. INCREASED INVESTIGATIVE PERSONNEL. 

3 (a) BRINGING IN AND HARBORING CERTAIN ALIENS; 

4 UNLAWFUL EMPLOYMENT OF ALIENS.—

5 (1) AUTHORIZATION OF APPROPRIATIONS.—

6 There are authorized to be appropriated such funds 

7 as may be necessary to enable the Secretary of 

8 Homeland Security to increase, above the number 

9 specified in section 101(a)(2) of the Enhanced Bor10 der Security and Visa Entry Reform Act of 2002 

11 (Public Law 107–173), the number of investigators 

12 and support personnel to investigate potential viola13 tions of sections 274 and 274A of the Immigration 

14 and Nationality Act (8 U.S.C. 1324 and 1324a), 

15 other than alien smuggling, by a number equivalent 

16 to—

17 (A) 250 full-time active-duty investigators 

18 in each of fiscal years 2004 through 2007; and 

19 (B) 100 full-time active-duty investigators 

20 in each of fiscal years 2008 through 2011. 

21 (2) ALLOCATION.—At least one-half of the in22 vestigators hired with funds made available under 

23 paragraph (1) shall be assigned to investigate poten24 tial violations of section 274A of the Immigration 

25 and Nationality Act. 
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1 (b) VISA OVERSTAYS.—There are authorized to be 

2 appropriated such funds as may be necessary to enable 

3 the Secretary of Homeland Security to increase, above the 

4 number specified in section 101(a)(2) of the Enhanced 

5 Border Security and Visa Entry Reform Act of 2002 

6 (Public Law 107–173), the number of investigator and 

7 support personnel to investigate aliens who remain in the 

8 United States beyond the period of stay authorized under 

9 their visa by a number equivalent to—

10 (1) 250 full-time active-duty investigators in 

11 each of fiscal years 2004 through 2007; and 

12 (2) 100 full-time active-duty investigators in 

13 each of fiscal years 2008 through 2011. 

14 SEC. 522. EXPEDITED EXCLUSION. 

15 Section 235(b)(1)(A) (8 U.S.C. 1225(b)(1)(A)) is 

16 amended by striking clauses (i) through (iii) and inserting 

17 the following: 

18 ‘‘(i) IN GENERAL.—If an immigration 

19 officer determines that an alien (other 

20 than an alien described in subparagraph 

21 (F)) who is arriving in the United States, 

22 or who has not been admitted or paroled 

23 into the United States and has not been 

24 physically present in the United States 

25 continuously for the 5-year period imme-
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1 diately prior to the date of the determina2 tion of inadmissibility under this para3 graph, is inadmissible under section 

4 212(a)(6)(C) or 212(a)(7), the officer shall 

5 order the alien removed from the United 

6 States without further hearing or review, 

7 unless—

8 ‘‘(I) the alien has been charged 

9 with a crime; or 

10 ‘‘(II) the alien indicates an inten11 tion to apply for asylum under section 

12 208 or a fear of persecution and the 

13 officer determines that the alien has 

14 been physically present in the United 

15 States for less than 1 year. 

16 ‘‘(ii) CLAIMS FOR ASYLUM.—If an im17 migration officer determines that an alien 

18 (other than an alien described in subpara19 graph (F)) who is arriving in the United 

20 States, or who has not been admitted or 

21 paroled into the United States and has not 

22 been physically present in the United 

23 States continuously for the 5-year period 

24 immediately prior to the date of the deter25 mination of inadmissibility under this 
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1 paragraph, is inadmissible under section 

2 212(a)(6)(C) or 212(a)(7), and the alien 

3 indicates either an intention to apply for 

4 asylum under section 208 or a fear of per5 secution, the officer shall refer the alien 

6 for an interview by an asylum officer under 

7 subparagraph (B) if the officer determines 

8 that the alien has been physically present 

9 in the United States for less than 1 year.’’. 

10 SEC. 523. ADJUSTMENT OF STATUS FOR CERTAIN ALIENS. 

11 (a) INELIGIBILITY FOR ADJUSTMENT OF STATUS.—

12 Section 245(c) (8 U.S.C. 1255(c)) is amended by striking 

13 ‘‘(other than an immediate relative as defined in section 

14 201(b) or a special immigrant described in section 

15 101(a)(27)(H), (I), (J), or (K))’’. 

16 (b) INAPPLICABILITY OF CERTAIN PROVISIONS FOR

17 CERTAIN IMMIGRANTS.—Section 245(k) (8 U.S.C. 

18 1255(k)) is amended to read as follows: 

19 ‘‘(k) INAPPLICABILITY OF CERTAIN PROVISIONS FOR

20 CERTAIN IMMIGRANTS.—An alien who is eligible to receive 

21 an immigrant visa under paragraph (1), (2), or (3) of sec22 tion 203(b), as an immediate relative as defined in section 

23 201(b), or, in the case of an alien who is an immigrant 

24 described in subparagraph (C), (H), (I), (J), or (K) of 

25 section 101(a)(27), under section 203(b)(4), may adjust 
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1 status pursuant to subsection (a) and notwithstanding 

2 paragraphs (2), (7), and (8) of subsection (c), if—

3 ‘‘(1) the alien, on the date of filing an applica4 tion for adjustment of status, is present in the 

5 United States pursuant to a lawful admission; and

6 ‘‘(2) the alien, subsequent to such lawful admis7 sion has not, for an aggregate period exceeding 180 

8 days—

9 ‘‘(A) failed to maintain continuously a law10 ful status; 

11 ‘‘(B) engaged in unauthorized employment; 

12 or 

13 ‘‘(C) otherwise violated the terms and con14 ditions of the alien’s admission.’’. 

15 SEC. 524. TERMINATION OF CONTINUOUS PRESENCE FOR 

16 PURPOSES OF CANCELLATION OF REMOVAL 

17 UPON COMMISSION OF OFFENSE RENDERING 

18 ALIEN INADMISSIBLE OR DEPORTABLE. 

19 (a) IN GENERAL.—Section 240A(d)(1) (8 U.S.C. 

20 1229b(d)(1)) is amended by striking ‘‘referred to in sec21 tion 212(a)(2)’’. 

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

23 subsection (a) shall apply to aliens who are in proceedings 

24 under the Immigration and Nationality Act on or after 

25 the date of the enactment of this Act if those proceedings 
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1 have not resulted in a final administrative order before 

2 such date. 

3 SEC. 525. REENTRY OF REMOVED ALIENS. 

4 (a) IN GENERAL.—Section 276(a) (8 U.S.C. 

5 1326(a)) is amended to read as follows: 

6 ‘‘SEC. 276. (a) Subject to subsection (b), any alien 

7 shall be fined under title 18, United States Code, or im8 prisoned not more than 2 years, or both, who—

9 ‘‘(1) has been denied admission, excluded, de10 ported, or removed or has departed the United 

11 States while an order of exclusion, deportation, or 

12 removal is outstanding; and 

13 ‘‘(2) thereafter enters, attempts to enter, or is 

14 at any time found in, the United States, 

15 unless, in the case of an alien previously denied admission 

16 and removed, the alien establishes that the alien was not 

17 required to obtain from the Secretary of Homeland Secu18 rity advance consent to reapply for admission under this 

19 Act or any prior Act.’’. 

20 (b) CRIMINAL PENALTIES FOR REENTRY OF CER21 TAIN REMOVED ALIENS.—Section 276(b) (8 U.S.C. 

22 1326(b)) is amended—

23 (1) in paragraph (3), by striking ‘‘sentence.’’ 

24 and inserting ‘‘sentence;’’; and 
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1 (2) in paragraph (4), by striking ‘‘(unless the 

2 Secretary of Homeland Security has expressly con3 sented to such alien’s reentry)’’. 

4 (c) REENTRY OF ALIENS REMOVED PRIOR TO COM5 PLETION OF IMPRISONMENT.—Section 276(c) (8 U.S.C. 

6 1326(c)) is amended—

7 (1) by inserting ‘‘(as in effect prior to the effec8 tive date of the amendments made by section 305 of 

9 the Illegal Immigration Reform and Immigrant Re10 sponsibility Act of 1996), or removed under section 

11 241(a)(4),’’ after ‘‘242(h)(2)’’;

12 (2) by striking ‘‘(unless the Secretary of Home13 land Security has expressly consented to such alien’s 

14 reentry)’’; 

15 (3) by inserting ‘‘or removal’’ after ‘‘time of de16 portation’’; and 

17 (4) by inserting ‘‘or removed’’ after ‘‘reentry of 

18 deported’’. 

19 (d) CHALLENGE TO VALIDITY OF ORDER.—Section 

20 276(d) (8 U.S.C. 1326(d)) is amended—

21 (1) in the matter preceding paragraph (1), by 

22 striking ‘‘deportation order’’ and inserting ‘‘deporta23 tion or removal order’’; and 

24 (2) in paragraph (2), by inserting ‘‘or removal’’ 

25 after ‘‘deportation’’. 
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1 (e) EFFECTIVE DATE.—The amendments made by 

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

3 of this Act and shall apply to criminal proceedings involv4 ing aliens who enter, attempt to enter, or are found in 

5 the United States, after such date. 

6 SEC. 526. CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF 

7 ALIENS AT IMPROPER TIME OR PLACE, 

8 AVOIDANCE OF EXAMINATION OR INSPEC9 TION, UNLAWFUL PRESENCE, AND MISREPRE10 SENTATION OR CONCEALMENT OF FACTS. 

11 Section 275 (8 U.S.C. 1325) is amended to read as 

12 follows: 

13 ‘‘CRIMINAL AND CIVIL PENALTIES FOR ENTRY OF ALIENS

14 AT IMPROPER TIME OR PLACE, AVOIDANCE OF EX15 AMINATION OR INSPECTION, UNLAWFUL PRESENCE, 

16 AND MISREPRESENTATION OR CONCEALMENT OF

17 FACTS

18 ‘‘SEC. 275. (a) ENTRY AT IMPROPER TIME OR

19 PLACE; AVOIDANCE OF EXAMINATION OR INSPECTION; 

20 UNLAWFUL PRESENCE; MISREPRESENTATION OR CON21 CEALMENT OF FACTS.—Any alien who—

22 ‘‘(1) enters or attempts to enter the United 

23 States at any time or place other than as designated 

24 by immigration officers; 
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1 ‘‘(2) eludes examination or inspection by immi2 gration officers; 

3 ‘‘(3) is knowingly unlawfully present in the 

4 United States for an aggregate period of more than 

5 180 days; or 

6 ‘‘(4) attempts to enter or obtains entry to the 

7 United States by a willfully false or misleading rep8 resentation or the willful concealment of a material 

9 fact, 

10 shall, for the first commission of any such offense, be fined 

11 under title 18, United States Code, or imprisoned not 

12 more than 2 years, or both, and, for a subsequent commis13 sion of any such offense, be fined under title 18, United 

14 States Code, or imprisoned not more than 10 years, or 

15 both. 

16 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN17 ALTIES.—Any alien who is apprehended while entering (or 

18 attempting to enter) the United States at a time or place 

19 other than as designated by immigration officers shall be 

20 subject to a civil penalty of—

21 ‘‘(1) at least $100 and not more than $10,000 

22 for each such entry (or attempted entry); or 

23 ‘‘(2) three times the amount specified in para24 graph (1) in the case of an alien who has been pre-
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1 viously subject to a civil penalty under this sub2 section. 

3 Civil penalties under this subsection are in addition to, 

4 and not in lieu of, any criminal or other civil penalties 

5 that may be imposed. 

6 ‘‘(c) MARRIAGE FRAUD.—An individual who know7 ingly enters into a marriage for the purpose of evading 

8 any provision of the immigration laws shall be fined not 

9 more than $1,000,000, imprisoned not more than 15 

10 years, or both. 

11 ‘‘(d) IMMIGRATION-RELATED ENTREPRENEURSHIP

12 FRAUD.—Any individual who knowingly established a 

13 commercial enterprise for the purpose of evading any pro14 vision of the immigration laws shall be fined under title 

15 18, United States Code, or imprisoned not more than 15 

16 years, or both.’’. 

17 SEC. 527. COMMUNICATION BETWEEN GOVERNMENT AGEN18 CIES AND THE DEPARTMENT OF HOMELAND 

19 SECURITY. 

20 Section 642 of the Illegal Immigration Reform and 

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

22 amended by adding at the end the following: 

23 ‘‘(d) ENFORCEMENT.—

24 ‘‘(1) INELIGIBILITY FOR FEDERAL LAW EN25 FORCEMENT AID.—Upon a determination that any 
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1 person, or any Federal, State, or local government 

2 agency or entity, is in violation of subsection (a) or 

3 (b), the Attorney General shall not provide to that 

4 person, agency, or entity any grant amount pursuant 

5 to any law enforcement grant program carried out 

6 by any element of the Department of Justice, includ7 ing the program under section 241(i) of the Immi8 gration and Nationality Act (8 U.S.C. 241(i)), or

9 pursuant to any grant program authorized under 

10 title I of the Housing and Community Development 

11 Act of 1974 (42 U.S.C. 5301 et seq.), and shall en12 sure that no such grant amounts are provided, di13 rectly or indirectly, to such person, agency, or entity. 

14 In the case of grant amounts that otherwise would 

15 be provided to such person, agency, or entity pursu16 ant to a formula, such amounts shall be reallocated 

17 among eligible recipients. 

18 ‘‘(2) VIOLATIONS BY GOVERNMENT OFFI19 CIALS.—In any case in which a Federal, State, or 

20 local government official is in violation of subsection 

21 (a) or (b), the government agency or entity that em22 ploys (or, at the time of the violation, employed) the 

23 official shall be subject to the sanction under para24 graph (1). 
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1 ‘‘(3) DURATION.—The sanction under para2 graph (1) shall remain in effect until the Secretary 

3 of Homeland Security determines that the person, 

4 agency, or entity has ceased violating subsections (a) 

5 and (b).’’. 

6 SEC. 528. EXCEPTION TO REMOVAL FOR CERTAIN ALIENS. 

7 (a)(1) Section 214(o) (8 U.S.C. 1184(o)) (as redesig8 nated by section 204 of this Act) is amended by adding 

9 at the end the following new paragraph: 

10 ‘‘(4) No alien shall be eligible for admission to the 

11 United States under section 101(a)(15)(T) if there is a 

12 substantial reason to believe that the alien voluntarily 

13 came to the United States, except that if the alien is or 

14 has been a victim of a severe form of trafficking in the 

15 form of sex trafficking, the alien shall be eligible for ad16 mission under such section unless the alien knew or rea17 sonably should have known when coming to the United 

18 States that the alien would be expected to perform com19 mercial sex acts.’’.

20 (2) Section 245(l) (8 U.S.C. 1255(l)), as added by 

21 section 107(f) of Public Law 106–386, is amended—

22 (A) in paragraph (1)(C)(i), by striking ‘‘or’’ at 

23 the end and inserting ‘‘and’’; 

24 (B) by redesignating—
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1 (i) paragraphs (3) and (4) as paragraphs 

2 (4) and (5), respectively; and 

3 (ii) the second paragraph (2) as paragraph 

4 (3); 

5 (C) in paragraph (2)(B), by striking ‘‘(3), 

6 (10)(C), and (10(E)), if the activities rendering the 

7 alien inadmissible under the provision were caused 

8 by, or were incident to,’’ and inserting ‘‘(2), (3), (8), 

9 (9)(A), (10)(C), (10)(D), and (10)(E)), if the activi10 ties rendering the alien inadmissible under the provi11 sion were caused by’’; and 

12 (D) by amending paragraph (5) (as so redesig13 nated) to read as follows: 

14 ‘‘(5) Upon the approval of adjustment of status under 

15 paragraph (1), the Secretary of Homeland Security shall 

16 record the alien’s lawful admission for permanent resi17 dence as of the date of such approval and the Secretary 

18 of State shall reduce by one the number of visas author19 ized to be issued under sections 201(d) and 203(b)(4) for 

20 the fiscal year then current, unless the number of remain21 ing visas authorized to be issued under section 203(b)(4) 

22 for such year is zero, in which case such reductions shall 

23 not be made.’’. 

24 (b)(1) Section 101(a)(15)(U)(iii) (8 U.S.C. 

25 1101(a)(15)(U)(iii)) is amended to read as follows: 
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1 ‘‘(iii) the criminal activity referred to in this 

2 clause is that involving 1 or more of the following 

3 or any similar activity in violation of Federal, State, 

4 or local criminal law: rape; incest; domestic violence, 

5 sexual assault; abusive sexual contact; sexual exploi6 tation; female genital mutilation; or attempt or con7 spiracy to commit any of the above mentioned 

8 crimes; or’’. 

9 (2) Section 204(a)(1)(C) (8 U.S.C. 1154(a)(1)(C)) is 

10 amended by inserting ‘‘directly’’ before ‘‘connected’’. 

11 (3) Section 214(p)(1) (8 U.S.C. 1184(p)(1)) (as re12 designated by section 204 of this Act) is amended by strik13 ing ‘‘This certification may also be provided by an official 

14 of the Department of Homeland Security whose ability to 

15 provide such certification is not limited to information 

16 concerning immigration violations.’’. 

17 (4) Section 237(a)(1)(H) (8 U.S.C. 1227(a)(1)(H)) 

18 is amended—

19 (A) by striking clause (ii); 

20 (B) in clause (i), by striking ‘‘(I)’’; and 

21 (C) by redesignating subclause (II) as clause 

22 (ii). 

23 (5) Section 240A (8 U.S.C. 1229b) is amended—

24 (A) in subsection (b)(2)(A)(ii), by striking ‘‘, 

25 and the issuance of a charging document for removal 
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1 proceedings shall not toll the 3-year period of contin2 uous physical presence in the United States’’; 

3 (B) by amending subsection (b)(2)(A)(iv) to 

4 read as follows: 

5 ‘‘(iv) the alien is not inadmissible 

6 under paragraph (2), (3), (8), (9)(A), 

7 (10)(C), (10)(D), or (10)(E) of section 

8 212(a), is not deportable under paragraph 

9 (1)(E), (1)(G), or (2) through (4) of sec10 tion 237(a) (except in a case described in 

11 section 237(a)(7) where the Secretary of 

12 Homeland Security exercises discretion to 

13 grant a waiver), and has not been con14 victed of an aggravated felony; and’’; and 

15 (C) in subsection (b)(2)(B)—

16 (i) by inserting ‘‘direct’’ before ‘‘connection 

17 between the absence’’; 

18 (ii) by inserting ‘‘directly’’ before ‘‘con19 nected to the battering or extreme’’; and 

20 (iii) in the third sentence, by inserting 

21 ‘‘battery or cruelty-related’’ before ‘‘absences or 

22 portions of the absences’’; 

23 (iv) in subsection (b)(2)(C), by inserting 

24 ‘‘directly’’ before ‘‘connected’’; 
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1 (v) in subsection (b)(4)(A), by striking 

2 ‘‘shall’’ and inserting ‘‘may’’; and 

3 (vi) in subsection (d)(1), by striking ‘‘ex4 cept in the case of an alien who applies for can5 cellation of removal under subsection (b)(2),’’. 

6 (6) Section 245 (8 U.S.C. 1255) is amended by redes7 ignating the subsection (l) that was added by section 

8 1513(f) of Public Law 106–386 as subsection (m) and in 

9 such redesignated subsection—

10 (A) in paragraph (1)—

11 (i) in the matter preceding subparagraph 

12 (A), by striking ‘‘section 212(a)(3)(E), unless 

13 the Attorney General determines based on af14 firmative evidence’’ and inserting ‘‘paragraph 

15 (2), (3), (8), (9)(A), (10)(C), (10)(D), or 

16 (10)(E) of section 212(a), unless the Attorney 

17 General determines’’; 

18 (ii) by striking ‘‘and’’ at the end of sub19 paragraph (A); 

20 (iii) by striking subparagraph (B) and in21 serting the following: 

22 ‘‘(B) the alien has, throughout such period, 

23 been a person of good moral character; and 

24 ‘‘(C) in the opinion of the Secretary of Home25 land Security, the alien or the alien’s spouse, parent, 
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1 or child, who is a citizen of the United States or an 

2 alien lawfully admitted for permanent residence, 

3 would suffer extreme hardship.’’; 

4 (B) in paragraph (2), by striking ‘‘or unless an 

5 official involved in the investigation or prosecution 

6 certifies that the absence was otherwise justified’’; 

7 and 

8 (C) by amending paragraph (4) to read as fol9 lows:

10 ‘‘(4) Upon the approval of adjustment of status under 

11 paragraph (1) or (3), the Secretary of Homeland Security 

12 shall record the alien’s lawful admission for permanent 

13 residence as of the date of such approval and the Sec14 retary of State shall reduce by one the number of visas 

15 authorized to be issued under sections 201(d) and 

16 203(b)(4) for the fiscal year then current, unless the num17 ber of remaining visas authorized to be issued under sec18 tion 203(b)(4) for such year is zero, in which case such 

19 reductions shall not be made.’’.

20 SEC. 529. DETENTION FACILITIES. 

21 (a) INCREASING NUMBER OF DETENTION BEDS.—

22 Subject to the availability of appropriations, the Secretary 

23 of Homeland Security shall provide for a doubling in the 

24 detention beds of the Department of Homeland Security 
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1 over the number existing on the date of the enactment 

2 of this Act by the end of fiscal year 2005. 

3 (b) PLACES OF DETENTION FOR ALIENS ARRESTED

4 PENDING EXAMINATION AND DECISION ON REMOVAL.—

5 Section 241(g) (8 U.S.C. 1231(g)) is amended by adding 

6 at the end the following: 

7 ‘‘(3) POLICY ON DETENTION IN STATE AND

8 LOCAL DETENTION FACILITIES.—In carrying out 

9 paragraph (1), the Secretary of Homeland Security 

10 shall ensure that an alien arrested under section 

11 287(a) may be detained, pending the alien’s being 

12 taken for the examination described in such section, 

13 in a State or local prison, jail, detention center, or 

14 other comparable facility, if—

15 ‘‘(A) such facility is the most suitably lo16 cated Federal, State, or local facility available 

17 for such purpose under the circumstances; 

18 ‘‘(B) an appropriate arrangement for such 

19 use of the facility can be made; and

20 ‘‘(C) such facility satisfies the standards 

21 for the housing, care, and security of persons 

22 held in custody of a United States marshal.’’. 

23 SEC. 530. VOLUNTARY DEPARTURE. 

24 (a) IN GENERAL.—Section 240B (8 U.S.C. 1229c) 

25 is amended to read as follows: 
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1 ‘‘VOLUNTARY DEPARTURE

2 ‘‘SEC. 240B. (a) IN LIEU OF PROCEEDINGS.—The 

3 Secretary of Homeland Security may permit an alien vol4 untarily to depart the United States at the alien’s own 

5 expense under this subsection, in lieu of being subject to 

6 proceedings under section 240 and in lieu of applying for 

7 another form of relief from removal, if the alien is not 

8 deportable under paragraph (2)(A)(iii) or (4)(B) of section 

9 237(a). Permission to depart voluntarily under this sub10 section shall not be valid for a period exceeding 90 days 

11 and cannot be extended. The Secretary of Homeland Secu12 rity shall require an alien permitted to depart voluntarily 

13 under this subsection to post a voluntary departure bond, 

14 in an amount necessary to ensure that the alien will de15 part, to be surrendered upon proof that the alien has de16 parted the United States within the time specified. 

17 ‘‘(b) PRIOR TO SCHEDULING MERITS HEARING.—

18 The Secretary of Homeland Security may permit an alien 

19 voluntarily to depart the United States at the alien’s own 

20 expense under this subsection prior to the scheduling of 

21 the first merits hearing, in lieu of applying for another 

22 form of relief from removal, if the alien is not deportable 

23 under paragraph (2)(A)(iii) or (4)(B) of section 237(a). 

24 Permission to depart voluntarily under this subsection 

25 shall not be valid for a period exceeding 60 days and can-
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1 not be extended. The Secretary shall require an alien per2 mitted to depart voluntarily under this subsection to post 

3 a voluntary departure bond, in an amount necessary to 

4 ensure that the alien will depart, to be surrendered upon 

5 proof that the alien has departed the United States within 

6 the time specified. 

7 ‘‘(c) ONCE FIRST MERITS HEARING SCHEDULED.—

8 ‘‘(1) IN GENERAL.—Once the first merits hear9 ing has been scheduled under section 240, the Sec10 retary of Homeland Security may permit an alien 

11 voluntarily to depart the United States at the alien’s 

12 own expense under this subsection, in lieu of pur13 suing another form of relief from removal, if the im14 migration judge enters an order granting voluntary 

15 departure in lieu of removal and finds that—

16 ‘‘(A) the alien has been physically present 

17 in the United States for a period of at least one 

18 year immediately preceding the date the notice 

19 to appear was served under section 239(a); 

20 ‘‘(B) the alien is, and has been, a person 

21 of good moral character for at least 5 years im22 mediately preceding the alien’s application for 

23 voluntary departure; 
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1 ‘‘(C) the alien is not deportable under 

2 paragraph (2)(A)(iii) or (4)(B) of section 

3 237(a); and 

4 ‘‘(D) the alien has established by clear and 

5 convincing evidence that the alien has the 

6 means to depart the United States and intends 

7 to do so. 

8 ‘‘(2) PERIOD.—Permission to depart voluntarily 

9 under this subsection shall not be valid for a period 

10 exceeding 30 days and cannot be extended. 

11 ‘‘(3) BOND.—The Secretary of Homeland Secu12 rity shall require an alien permitted to depart volun13 tarily under this subsection to post a voluntary de14 parture bond, in an amount necessary to ensure that 

15 the alien will depart, to be surrendered upon proof 

16 that the alien has departed the United States within 

17 the time specified. 

18 ‘‘(d) ALIENS NOT ELIGIBLE.—The Secretary of 

19 Homeland Security shall not permit an alien to depart vol20 untarily under this section if the alien was previously per21 mitted to depart voluntarily under section 244(e) or this 

22 section, or to voluntarily return, at any time. 

23 ‘‘(e) CIVIL PENALTY FOR FAILURE TO DEPART.—

24 If an alien is permitted to depart voluntarily under this 

25 section and fails voluntarily to depart the United States 
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1 within the time period specified, the alien shall be subject 

2 to a civil penalty of not less than $1,000 and not more 

3 than $5,000, and be ineligible for a period of 10 years 

4 for any further relief under this section and sections 240A, 

5 245, 248, and 249. The order permitting the alien to de6 part voluntarily shall inform the alien of the penalties 

7 under this subsection. 

8 ‘‘(f) ADDITIONAL CONDITIONS.—The Secretary of 

9 Homeland Security may by regulation limit eligibility for 

10 voluntary departure under this section for any class or 

11 classes of aliens. No court may review any regulation 

12 issued under this subsection. 

13 ‘‘(g) TREATMENT OF ALIENS ARRIVING IN THE

14 UNITED STATES.—In the case of an alien who is arriving 

15 in the United States and with respect to whom pro16 ceedings under section 240 are (or would otherwise be) 

17 initiated at the time of such alien’s arrival, subsections 

18 (a) through (c) shall not apply. Nothing in this paragraph 

19 shall be construed as preventing such an alien from with20 drawing the application for admission in accordance with 

21 section 235(a)(4). 

22 ‘‘(h) REVIEW.—There shall be no administrative or 

23 judicial review of a denial of a request for an order of 

24 voluntary departure. No court or agency shall order a stay 

25 of an alien’s removal pending consideration of any claim 
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1 with respect to voluntary departure. The order permitting 

2 the alien to depart voluntarily shall inform the alien that 

3 the alien has no right to appeal any issue relating to the 

4 removal proceeding.’’. 

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

6 subsection (a) shall take effect on the date of the enact7 ment of this Act and shall apply to aliens who are in pro8 ceedings under the Immigration and Nationality Act on 

9 or after such date if those proceedings have not resulted 

10 in a final administrative order before such date.

11 SEC. 531. CANCELLATION OF REMOVAL. 

12 Section 240(A)(c) is amended by adding at the end 

13 the following: 

14 ‘‘(7) An alien who is inadmissible under section 

15 212(a)(9)(B)(i).’’. 

16 SEC. 532. EXPEDITED REMOVAL OF CRIMINAL ALIENS. 

17 (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) is 

18 amended—

19 (1) by amending the section heading to read as 

20 follows: 

21 ‘‘EXPEDITED REMOVAL OF CRIMINAL ALIENS’’; 

22 (2) in subsection (a), by amending the sub23 section heading to read as follows: ‘‘EXPEDITED RE24 MOVAL FROM CORRECTIONAL FACILITIES.—’’; 
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1 (3) in subsection (b), by amending the sub2 section heading to read as follows: ‘‘REMOVAL OF

3 CRIMINAL ALIENS.—’’; 

4 (4) in subsection (b), by striking paragraphs 

5 (1) and (2) and inserting the following: 

6 ‘‘(1) IN GENERAL.— The Secretary may, in the 

7 case of an alien described in paragraph (2), deter8 mine the deportability of such alien and issue an 

9 order of removal pursuant to the procedures set 

10 forth in this subsection or section 240. 

11 ‘‘(2) ALIENS DESCRIBED.— An alien is de12 scribed in this paragraph if the alien, whether or not 

13 admitted into the United States, was convicted of 

14 any criminal offense described in subparagraph 

15 (A)(iii), (C), or (D) of section 237(a)(2).’’; 

16 (5) in the first subsection (c) (relating to pre17 sumption of deportability), by striking ‘‘convicted of 

18 an aggravated felony’’ and inserting ‘‘described in 

19 paragraph (b)(2)’’; 

20 (6) by redesignating the second subsection (c) 

21 (relating to judicial removal) as subsection (d); and 

22 (7) in subsection (d)(5) (as so redesignated), 

23 and by striking ‘‘, who is deportable under this 

24 Act,’’. 
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1 (b) LIMIT ON INJUNCTIVE RELIEF.—Section 

2 242(f)(2) (8 U.S.C. 1252(f)(2)) is amended by inserting 

3 ‘‘or stay, whether temporarily or otherwise,’’ after ‘‘en4 join’’. 

5 SEC. 533. SUBJECT TO THE JURISDICTION DEFINED. 

6 Section 101(c) (8 U.S.C. 1101(c)) is amended by 

7 adding at the end the following: 

8 ‘‘(3) The term ‘subject to the jurisdiction of the 

9 United States’ means that, at the time of birth in 

10 the United States, the mother or the father of the 

11 child, excluding aliens classified under subparagraph 

12 (A) or (G) of section 101(a)(15), resided lawfully 

13 therein.’’. 

14 SEC. 534. CLAIMS FOR SERVICES PERFORMED BY UNAU15 THORIZED ALIENS. 

16 Title II (8 U.S.C. 1151 et seq.) is amended by insert17 ing after section 271 the following: 

18 ‘‘CLAIMS ARISING FROM SERVICES OF ALIENS WITHOUT

19 WORK AUTHORIZATION

20 ‘‘SEC. 271A. (a) IN GENERAL.—It shall be unlawful 

21 for any person, entity or enterprise, including any em22 ployer, contractor, employee, or independent contractor, to 

23 claim any deduction, credit, benefit, subsidy, rebate, grant 

24 or other payment otherwise authorized by any provision 

25 of the United States Code, including the Internal Revenue 

26 Code, derived from compensation in any form for labor 
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1 or personal services provided in the United States that was 

2 paid to or on behalf of a person, knowingly or in reckless 

3 disregard of the fact that such person was, at the time 

4 such labor or services were performed, an unauthorized 

5 alien (as defined in section 274A(h)(3)). 

6 ‘‘(b) ENFORCEMENT.—

7 ‘‘(1) Where any claim described in subsection 

8 (a) made by a person, entity, or enterprise amount 

9 in aggregate to $50,000 or more, a right of action 

10 shall exist for a State or local government agency or 

11 a private party to recover such sums on behalf of the 

12 United States. 

13 ‘‘(2) A complaint described in subparagraph (i) 

14 shall be made in writing under oath or affirmation 

15 to the Chief Administrative Hearing Officer of the 

16 Executive Office for Immigration Review. 

17 ‘‘(3) No complaint may be filed in which all al18 leged violations occurred more than two years prior 

19 to the filing of the complaint. 

20 ‘‘(4) A prevailing private party acting on behalf 

21 of the United States shall be awarded 25 percent 

22 from any sums recovered. 

23 ‘‘(5) Adjudication of a complaint shall proceed 

24 under the provisions of the Administrative Procedure 

25 Act (5 U.S.C. 551 et seq.). 
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1 ‘‘(6) The administrative law judge may grant 

2 the prevailing party reasonable attorney’s fees if the 

3 judge determines that the opposing party’s argu4 ment was without reasonable basis in law and fact.’’. 

5 SEC. 535. RESTRICTION ON WARRANTLESS ENTRY. 

6 (a) IN GENERAL.—Sction 287(e) (8 U.S.C. 1357(e)) 

7 is amended by inserting ‘‘that is an active participant in 

8 an employment verification system approved by the Sec9 retary of Homeland Security’’ after ‘‘farm or other out10 door agricultural operation’’. 

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

12 subsection (a) shall take effect on the date described in 

13 section 511(b). 

14 TITLE VI—ELIMINATING EXCES15 SIVE REVIEW AND DILATORY 

16 AND ABUSIVE TACTICS BY 

17 ALIENS IN REMOVAL PRO18 CEEDINGS 

19 SEC. 601. FRIVOLOUS APPLICATIONS. 

20 (a) IN GENERAL.—Paragraph (6) of section 208(d) 

21 (8 U.S.C. 1158(d)) is amended by adding at the end the 

22 following new sentence: ‘‘As used in this section, the term 

23 ‘frivolous application’ means an application that lacks a 

24 reasonably arguable basis either in law or in fact. If an 

25 alien withdraws an application for asylum and pursues an-
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1 other benefit or form of relief under this Act, the alien 

2 shall bear the burden of proving by clear and convincing 

3 evidence, in the adjudication respecting such other benefit 

4 or form of relief, that such asylum application was not 

5 a frivolous application. If the alien fails to carry such bur6 den, the alien shall be permanently ineligible for any ben7 efit under this Act.’’. 

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

9 subsection (a) shall take effect on the date of the enact10 ment of this Act and shall apply to applications for asylum 

11 pending on or after such date if the application has not 

12 resulted in a final administrative order before such date. 

13 SEC. 602. CONTINUANCES; CHANGE OF VENUE. 

14 (a) IN GENERAL.—Section 240(b)(1) (8 U.S.C. 

15 1229a(b)(1)) is amended by adding at the end the fol16 lowing: 

17 ‘‘The immigration judge may not grant a continu18 ance to permit an alien to become eligible for relief 

19 under any provision of law. In proceedings under 

20 this section or under section 236, the immigration 

21 judge may not grant a change of venue for an alien 

22 who has not been inspected and admitted or paroled 

23 into the United States. For all other aliens, the im24 migration judge may grant a change of venue only 
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1 if the alien demonstrates that the alien cannot ob2 tain a fair proceeding in the current venue.’’. 

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

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and shall apply to continuances and 

6 changes of venue sought after such date. 

7 SEC. 603. BURDEN OF PROOF IN ASYLUM PROCEEDINGS. 

8 (a) IN GENERAL.—Section 208(b)(1) (8 U.S.C. 

9 1158(b)(1)) is amended—

10 (1) by striking ‘‘(1) IN GENERAL.—The Attor11 ney General’’ and inserting the following:

12 ‘‘(1) IF ALIEN IS A REFUGEE.—

13 ‘‘(A) IN GENERAL.—The Secretary of 

14 Homeland Security or the Attorney General’’; 

15 and 

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

17 ‘‘(B) BURDEN OF PROOF.—The burden of 

18 proof is on the applicant for asylum to establish 

19 that he or she is a refugee within the meaning 

20 of section 101(a)(42). The testimony of the ap21 plicant, if credible, may be sufficient to sustain 

22 such burden without corroboration. Where it is 

23 reasonable to expect corroborating evidence for 

24 certain alleged facts pertaining to the specifics 

25 of an alien’s claim for asylum, such evidence 
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1 must be provided unless a reasonable expla2 nation is given as to why such information is 

3 not presented.’’. 

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

5 subsection (a) shall take effect on the date of the enact6 ment of this Act and shall apply to applications for asylum 

7 pending on or after such date if the application has not 

8 resulted in a final administrative order before such date.

9 SEC. 604. REVIEW OF CONVENTION AGAINST TORTURE 

10 GRANTS AND DENIALS. 

11 (a) IN GENERAL.—Section 241(b) (8 U.S.C. 

12 1231(b)) is amended by adding at the end the following 

13 new paragraph: 

14 ‘‘(4) ELIMINATION OF REVIEW.—A determina15 tion as to whether the removal of an alien to any 

16 country should be withheld or deferred under the 

17 United Nations Convention Against Torture and 

18 Other Cruel, Inhuman, or Degrading Treatment or 

19 Punishment shall be made by the Secretary of 

20 Homeland Security. There shall be no administrative 

21 or judicial review of a determination of the Secretary 

22 under this section.’’. 

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

24 subsection (a) shall take effect on the date of the enact25 ment of this Act and shall apply to applications pending 
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1 on or after such date if the application has not resulted 

2 in a final administrative order before such date. 

3 SEC. 605. TIME LIMIT FOR DECISIONS IN ADMINISTRATIVE 

4 APPEALS. 

5 (a) IN GENERAL.—Chapter 9 of title II of the Act 

6 is amended by inserting after section 294 the following 

7 new section: 

8 ‘‘RULES FOR DECISIONS IN ADMINISTRATIVE APPEALS

9 ‘‘SEC. 295. (a) DEADLINE.—A decision in any ad10 ministrative appeal from a decision of an immigration 

11 judge shall be issued not later than 180 days after the 

12 appeal is filed. If the appeal is not decided before such 

13 deadline, the decision of the immigration judge shall be 

14 final, unless the Attorney General certifies the decision for 

15 review. 

16 ‘‘(b) STANDARD OF REVIEW.—In any administrative 

17 appeal from a decision of an immigration judge, such 

18 judge’s determinations of factual issues, including findings 

19 as to the credibility of testimony, shall be accepted unless 

20 they are clearly erroneous.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 of the Immigration and Nationality Act is amended by in23 serting after the item relating to section 294 the following:

‘‘295. Rules for decisions in administrative appeals.’’.

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

25 this section shall take effect on the date of the enactment 
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1 of this Act and shall apply to decisions appealed on or 

2 after such date. 

3 SEC. 606. REVIEW OF ASYLUM CLAIMS. 

4 (a) JUDICIAL REVIEW.—

5 (1) IN GENERAL.—Section 208 (8 U.S.C. 1158) 

6 is amended by adding at the end the following: 

7 ‘‘(e) LIMITATION ON JUDICIAL REVIEW.—No court 

8 shall have jurisdiction to review any decision of the Sec9 retary of Homeland Security or the Attorney General 

10 under this section.’’. 

11 (2) CONFORMING AMENDMENTS.—Section 242 

12 (8 U.S.C 1252) is amended—

13 (A) in subsection (a)(2)(B)(i), by inserting 

14 ‘‘208,’’ before ‘‘212(h),’’; 

15 (B) in subsection (a)(2)(B)(ii), by striking 

16 ‘‘General,’’ and all that follows through the pe17 riod at the end and inserting ‘‘General.’’; and 

18 (C) in subsection (b)(4)—

19 (i) in subparagraph (B), by adding 

20 ‘‘and’’ at the end; 

21 (ii) in subparagraph (C), by striking 

22 ‘‘, and’’ at the end and inserting a period; 

23 and 

24 (iii) by striking subparagraph (D). 
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1 (b) LIMITATION ON ASYLUM OFFICE.—Section 

2 208(d) (8 U.S.C. 1158(d)) is amended by adding at the 

3 end the following: 

4 ‘‘(8) OTHER PROCEDURAL MATTERS.—

5 ‘‘(A) DETERMINATION OF LAWFUL STA6 TUS.—

7 ‘‘(i) IN GENERAL.—In the case of an 

8 alien who is physically present in the 

9 United States and who has applied to the 

10 Secretary of Homeland Security for asy11 lum, the Secretary shall determine whether 

12 the alien is inadmissible or deportable be13 fore the Secretary prepares to schedule the 

14 applicant for an asylum interview. If the 

15 Secretary determines that the alien is not 

16 inadmissible or deportable, the Secretary 

17 shall adjudicate the asylum application and 

18 render a decision granting or denying asy19 lum. If the Secretary determines that the 

20 alien is inadmissible or deportable before 

21 the Secretary prepares to schedule an 

22 interview, the Secretary shall place the 

23 alien in removal proceedings without adju24 dicating the asylum application. The alien 
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1 may then pursue such application in such 

2 proceedings. 

3 ‘‘(ii) REVIEW OF DETERMINATIONS.—

4 If an alien’s asylum application has been 

5 denied by the Secretary, in any administra6 tive or judicial appeal from such denial, 

7 the Secretary’s determinations of factual 

8 issues, including findings as to the credi9 bility of testimony, shall be accepted into 

10 evidence. 

11 ‘‘(B) RECORDING OF INTERVIEWS.—The 

12 Secretary shall record asylum interviews and in13 clude any such recording in the applicant’s file 

14 and record of proceedings.’’. 

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 decisions rendered on or 

18 after such date. 

19 SEC. 607. JUDICIAL REVIEW. 

20 (a) ORDERS AGAINST CRIMINAL ALIENS.—Subpara21 graph (C) of section 242(a)(2) (8 U.S.C. 1252(a)(2)) is 

22 amended—

23 (1) by striking ‘‘no court shall have jurisdic24 tion’’ and inserting ‘‘including section 2241 of title 
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1 28, United States Code, no court shall have jurisdic2 tion, except as provided in this section,’’; and 

3 (2) by adding at the end the following: ‘‘Such 

4 review shall be limited to constitutional challenges or 

5 statutory claims involving pure issues of law,’’. 

6 (b) VENUE FOR REVIEW OF ORDERS OF REMOVAL.—

7 Section 242(b)(2) (8 U.S.C. 1252(b)(2)) is amended by 

8 striking ‘‘with the court of appeals for the judicial circuit

9 in which the immigration judge completed the pro10 ceedings.’’ and inserting ‘‘with the United States Court 

11 of Appeals for the District of Columbia Circuit.’’. 

12 (c) FEDERAL CIRCUIT COURT APPEALS.—

13 (1) IN GENERAL.—Title I of the Act is amend14 ed by inserting after section 105 the following: 

15 ‘‘RULES FOR DECISIONS IN ADMINISTRATIVE APPEALS

16 ‘‘SEC. 106. Notwithstanding any other provision of 

17 law, the final order of a district court of the United States 

18 in any proceeding under this Act, or under any other im19 migration law of the United States, shall be subject to re20 view, on appeal, by the United States Court of Appeals 

21 for the District of Columbia Circuit. There shall be no 

22 right of appeal in such proceedings to any other circuit 

23 court of appeals. The law applied by the Supreme Court, 

24 and the United States Court of Appeals for the District 

25 of Columbia Circuit, shall be regarded as the rule of deci26 sion in any proceeding under this Act.’’. 
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1 (2) CLERICAL AMENDMENT.—The table of con2 tents of the Immigration and Nationality Act is 

3 amended by inserting after the item relating to sec4 tion 105 the following:

‘‘106. Federal circuit court appeals.’’.

5 TITLE VII—EMERGENCY IMMI6 GRATION WORKLOAD REDUC7 TION 

8 SEC. 701. CONGRESSIONAL FINDINGS. 

9 The Congress finds as follows: 

10 (1) The effective establishment and organiza11 tion of the Directorate of Border and Transpor12 tation Security of the Department of Homeland Se13 curity is imperative if the Directorate is to carry out 

14 the immigration enforcement and immigration serv15 ices responsibilities delegated to it by the Congress 

16 in the manner expected by the American people. 

17 (2) The effective implementation of these duties 

18 will not be achieved without an unacceptable com19 promise to the security interests of the United 

20 States unless certain visa programs are temporarily 

21 suspended, and other material assistance is provided 

22 to law enforcement agencies and other entities that 

23 support the immigration enforcement functions of 

24 the Directorate, until such time as the Secretary of 
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1 Homeland Security can make the certifications to 

2 Congress required in section 708. 

3 (3) Such certifications, taken together, will es4 tablish the effective operational transfer of immigra5 tion enforcement functions to the new Directorate. 

6 SEC. 702. TEMPORARY SUSPENSION OF VISA WAIVER PRO7 GRAM. 

8 The admission of aliens to the United States under 

9 the provisions of section 217 of the Immigration and Na10 tionality Act (8 U.S.C. 1187) is suspended. 

11 SEC. 703. TEMPORARY SUSPENSION OF ADJUSTMENT OF 

12 STATUS APPLICATIONS. 

13 (a) The admission of aliens described in section 

14 101(a)(15)(V) of the Immigration and Nationality Act (8 

15 U.S.C. 1101(a)(15)(V) is suspended. 

16 (b) The authority of the Secretary of Homeland Secu17 rity to adjust the status of any alien to that of an alien 

18 lawfully admitted for permanent residence under sections 

19 240A or 245 of the Immigration and Nationality Act is 

20 suspended. 

21 (c) The suspensions described in subsections (a) and 

22 (b) shall include the suspension of acceptance for filing 

23 of applications for adjustment of status described in such 

24 subsection. 
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1 (d) Subsections (b) and (c) shall not apply to aliens 

2 described in sections 101(a)(15)(K) or 101(a)(42) of the 

3 Immigration and Nationality Act. 

4 SEC. 704. TEMPORARY SUSPENSION OF RENEWALS OF TEM5 PORARY PROTECTED STATUS. 

6 The authority of the Secretary of Homeland Security 

7 to renew or extend any designation made under subpara8 graph (B) or (C) of section 244(b)(1) of the Immigration 

9 and Nationality Act (8 U.S.C. 1254(b)(1)) is suspended. 

10 SEC. 705. CURTAILMENT OF VISAS FOR COUNTRIES DENY11 ING OR DELAYING REPATRIATION OF NA12 TIONALS. 

13 (a) PUBLIC LISTING OF ALIENS WITH NO SIGNIFI14 CANT LIKELIHOOD OF REMOVAL.—The Secretary of 

15 Homeland Security shall establish and maintain a public 

16 listing of every alien who is subject to a final order of 

17 removal and with respect to whom the Secretary or any 

18 Federal court has determined that there is no significant 

19 likelihood of removal in the reasonably foreseeable future 

20 due to the refusal, or unreasonable delay, of all countries 

21 designated by the alien or under this section to receive 

22 the alien. The public listing shall indicate whether such 

23 alien has been released from federal custody, and the city 

24 and state in which such alien resides. 
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1 (b) DISCONTINUATION OF VISAS.—In the case of any 

2 foreign state for which 24 or more of the citizens, subjects, 

3 or nationals of such state appear on the public listing de4 scribed in paragraph (a), such foreign state shall be 

5 deemed to have denied or unreasonably delayed the accept6 ance of such aliens, and the Secretary of Homeland Secu7 rity shall make the notification to the Secretary of State 

8 prescribed in section 243(d) of the Immigration and Na9 tionality Act (8 U.S.C. 1253(d)). The Secretary of State 

10 shall accordingly discontinue the issuance of non-immi11 grant visas to citizens, subjects, or nationals of such for12 eign state. 

13 SEC. 706. WAIVER OF SUSPENSIONS. 

14 The Secretary of Homeland Security may in his or 

15 her discretion waive, on an individual case-by-case basis, 

16 the suspension of applications under sections 702, 703, 

17 or 704, if the beneficiaries of such applications are not 

18 inadmissible under section 212(a) of the Immigration and 

19 Nationality Act (8 U.S.C. 1182(a)) or deportable under 

20 section 237(a) of such Act (8 U.S.C 1227). 

21 SEC. 707. TERMINATION OF TEMPORARY SUSPENSIONS. 

22 The emergency suspension of issuance of non23 immigrant visas, and of admissions to the United States, 

24 as mandated by sections 702 through 704, shall terminate 

25 one week after the certification by the Secretary of Home-
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1 land Security to the Congress that the following conditions 

2 are satisfied: 

3 (1) The integrated entry and exit data system 

4 required by the Immigration and Naturalization 

5 Service Data Management Improvement Act of 2000 

6 (Public Law 106–215), including the requirements 

7 added by section 302(a) of the Enhanced Border Se8 curity and Visa Entry Reform Act of 2002 (Public 

9 Law 107–173), is fully operational at all ports of 

10 entry. 

11 (2) The system of machine-readable tamper-re12 sistant visas and other alien travel and entry docu13 ments described in section 202 of this Act is fully 

14 implemented at all ports of entry. 

15 (3) The Department of Homeland Security has 

16 the operational capability to take into custody and 

17 remove from the United States any alien described 

18 in section 237(a) of the Immigration and Nationality 

19 Act (8 U.S.C. 1227(a)) who has been lawfully de20 tained by a State or local law enforcement agency, 

21 and such agency has notified the Department of 

22 such detention. 

23 (4) The data system for the registration of 

24 aliens under chapter 7 of title II of the Immigration 
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1 and Nationality Act (8 U.S.C. 261 et. seq.) is fully 

2 operational and—

3 (A) is fully compliant with the data system 

4 integration and interoperability standards en5 acted in section 202(a) of the Enhanced Border 

6 Security and Visa Entry Reform Act of 2002 

7 (Public Law 107–173); 

8 (B) ensures the entry of all registrations 

9 made in accordance with section 221(b) of the

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

11 1201(b)) into the registration system at the 

12 time of the relevant visa application; 

13 (C) ensures that all other registrations 

14 made under procedures required by section 264 

15 of such Act (8 U.S.C. 1304) are entered into 

16 the data system within 72 hours of receipt from 

17 the alien of an approved form of registration; 

18 and 

19 (D) ensures that all notices of change of 

20 address required by section 265 of such Act (8 

21 U.S.C. 1305) are entered in the data system 

22 within 5 working days of receipt from the alien 

23 of an approved change of address form. 

24 (5) A program for the random audit of the 

25 backlog of applications for changes in immigration 
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1 status by aliens present in the United States exist2 ing on the effective date of this Act has been fully 

3 implemented by the Department of Homeland Secu4 rity. 

5 (6) The program described in paragraph (5) re6 liably indicates that the estimated incidence of fraud 

7 or false statements is no more than three percent of 

8 all approved applications and a program is in place 

9 to ensure that all benefits granted on the basis of 

10 such fraud or false statements are revoked in a 

11 timely manner. 

12 (7) The foreign student monitoring system de13 scribed in section 641 of the Illegal Immigration Re14 form and Immigrant Responsibility Act (8 U.S.C. 

15 1372), as amended and expanded by sections 501 

16 and 502 of the Enhanced Border Security and Visa 

17 Entry Reform Act of 2002 (Public Law 107–173), 

18 is fully operational, and no educational institution 

19 certified to receive nonimmigrant students under 

20 subparagraph (F), (M), or (J) of section 101(a)(15) 

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

22 1101(a)(15)) knowingly registers or admits aliens 

23 present in the United States in violation of law. 

24 (8) The number of aliens removed from the 

25 United States, during the 4 month period preceding 
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1 the month in which the certification under this sec2 tion is executed, was at least 25 percent higher than 

3 in the comparable period of the previous year. 

4 (9) All reports and plans, and all operational 

5 transfers of functions, required under title IV of the 

6 Homeland Security Act of 2002 (6 U.S.C. 201 et 

7 seq.) have been successfully performed and imple8 mented to the extent required by law as of the cer9 tification date. 

10 (10) The annual report required by section 

11 205(b) of the American Competitiveness in the 

12 Twenty-First Century Act of 2000 (8 

13 U.S.C.1574(b)), for the fiscal year preceding the 

14 date of the certification, has been submitted to the 

15 Congress. 

16 (11) Process changes described in section 

17 205(b)(2)(C)(vi) of the American Competitiveness in 

18 the Twenty-First Century Act of 2000 (8 U.S.C. 

19 1574(b)(2)(C)(vi)) have been implemented and are 

20 substantially operational. 

21 SEC. 708. EFFECTIVE DATE. 

22 The provisions of this title shall take effect at mid23 night on the first Saturday that occurs two weeks after 

24 the date of enactment of this Act. 
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1 TITLE VIII—REFORMING LEGAL 

2 IMMIGRATION 

3 Subtitle A—Promotion of 

4 Citizenship 

5 SEC. 801. CHANGES IN NATURALIZATION REQUIREMENTS. 

6 (a) STUDY OF NATURALIZATION EXAMINATION.—

7 (1) IN GENERAL.—The Chief of the Office of 

8 Citizenship of the Department of Homeland Security 

9 shall conduct a study of the scope and nature of the 

10 examination of applicants for naturalization. The 

11 study shall analyze the value of the questions on the 

12 exam, and recommend questions that ought to be 

13 eliminated and new questions that ought to be in14 cluded. The study shall recommend new questions to 

15 be included that gauge an applicant’s understanding 

16 of the principles in the oath of allegiance required 

17 under section 337(a) of the Immigration and Na18 tionality Act (8 U.S.C. 1448(a)). 

19 (2) CIVICS COURSE.—The study shall also ana20 lyze and make recommendations as to whether appli21 cants for naturalization ought to be required to com22 plete a course in civic education. 

23 (3) REPORT.—Not later than 6 months after 

24 the date of the enactment of this Act, the Chief of 

25 the Office of Citizenship for the Bureau of Citizen-
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1 ship and Immigration Services of the Department of 

2 Homeland Security shall submit a report to the Con3 gress containing the results of the study conducted 

4 under this subsection. The report shall also contain 

5 a proposed revised examination to be administered 

6 to applicants for naturalization that reflects the rec7 ommendations developed through the study. In de8 veloping the proposed examination, the Chief of the 

9 Office of Citizenship shall consult with interested 

10 groups specializing in immigration issues, civics or11 ganizations, patriotic associations, and veterans’ 

12 groups. 

13 (b) REQUIRING APPLICANTS FOR NATURALIZATION

14 TO UNDERSTAND OATH.—

15 (1) REQUIREMENTS FOR NATURALIZATION.—

16 Section 312(a) (8 U.S.C. 1423(a)) is amended—

17 (A) in paragraph (1), by striking ‘‘and’’ at 

18 the end; 

19 (B) in paragraph (2), by striking the pe20 riod at the end and inserting ‘‘; and’’; and 

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

22 ‘‘(3) an understanding of the oath of allegiance 

23 required under section 337(a).’’. 

24 (2) EXAMINATION.—Section 332(a) (8 U.S.C. 

25 1443(a)) is amended by inserting before ‘‘ability’’ 
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1 the following: ‘‘understanding of the oath of alle2 giance required under section 337(a),’’. 

3 (c) CONTENTS OF CERTIFICATE OF NATURALIZA4 TION.—Section 338 (8 U.S.C. 1449) is amended by insert5 ing before ‘‘and the seal’’ the following: ‘‘the oath of alle6 giance required under section 337(a); a statement that the 

7 applicant recognizes the privileges and responsibilities of 

8 citizenship;’’. 

9 SEC. 802. OATH OF RENUNCIATION AND ALLEGIANCE. 

10 Section 337(a) of the Immigration and Nationality 

11 Act (8 U.S.C. 1448(a)) is amended by inserting after ‘‘the 

12 child is unable to understand its meaning.’’ the following: 

13 ‘‘The oath referred to in this section shall read the same 

14 as the oath provided for in paragraph (a) or (b) of part 

15 337.1 of title 8, Code of Federal Regulations, as in effect 

16 on September 1, 2003.’’. 

17 Subtitle B—Treatment of Nationals 

18 of State Sponsors of Terrorism 

19 SEC. 811. TREATMENT OF NATIONALS OF STATE SPONSORS 

20 OF TERRORISM. 

21 (a) IN GENERAL.—

22 (1) AMENDMENT.—Chapter 9 of title II, as 

23 amended by section 265 of this Act, is further 

24 amended by inserting after section 295 the following 

25 new section: 
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1 ‘‘TREATMENT OF NATIONALS OF STATE SPONSORS OF

2 TERRORISM

3 ‘‘SEC. 296. (a) IN GENERAL.—No nonimmigrant or 

4 immigrant visa may be issued, or nonimmigrant or immi5 grant status otherwise provided, other than a visa or sta6 tus described in section 101(a)(15)(A) or 201(b)(2)(A)(i), 

7 to any alien who is a national of, or residing in, a country 

8 that is determined to be a state sponsor of terrorism, ex9 cept the Secretary of Homeland Security (or the consular

10 officer, in the case of an application for a visa) may, on 

11 a case-by-case basis, waive the application of this sub12 section in the case of an alien who—

13 ‘‘(1) requires examination or treatment for an 

14 emergency medical condition (as defined in section 

15 562(d) of the Illegal Immigration Reform and Immi16 gration Responsibility Act of 1996 (8 U.S.C. 

17 1396(d))); or 

18 ‘‘(2) is eligible for admission as a refugee under 

19 section 207 or for asylum under section 208. 

20 ‘‘(b) STATE SPONSOR OF TERRORISM DEFINED.—

21 ‘‘(1) IN GENERAL.—In this section, the term 

22 ‘state sponsor of terrorism’ means any country the 

23 government of which has been determined by the 

24 Secretary of State under any of the laws specified in 

25 paragraph (2) to have repeatedly provided support 
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1 for acts of terrorism. Such term shall apply to a 

2 country beginning on the date on which such deter3 mination takes effect and ending on the date on 

4 which such determination is withdrawn, terminated, 

5 revoked, or otherwise ceases to be effective. 

6 ‘‘(2) LAWS UNDER WHICH DETERMINATIONS

7 WERE MADE.—The laws specified in this paragraph 

8 are the following: 

9 ‘‘(A) Section 6(j)(1)(A) of the Export Ad10 ministration Act of 1979 (or successor statute). 

11 ‘‘(B) Section 40(d) of the Arms Export 

12 Control Act. 

13 ‘‘(C) Section 620A(a) of the Foreign As14 sistance Act of 1961.’’. 

15 (2) CLERICAL AMENDMENT.—The table of con16 tents of the Immigration and Nationality Act is 

17 amended by inserting after the item relating to sec18 tion 295 the following:

‘‘296. Treatment of nationals of state sponsors of terrorism.’’.

19 (3) EFFECTIVE DATE.—The amendments made 

20 by this subsection shall take effect on the date of the 

21 enactment of this Act and shall apply to visas 

22 issued, or status provided, on and after such date. 

23 (b) APPLICATION TO ADMITTED NONIMMIGRANTS.—

24 In the case of a nonimmigrant alien lawfully admitted into 

25 the United States who would have been ineligible to be 
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1 granted such nonimmigrant status if the amendments 

2 made by subsection (a) had been in effect on the date on 

3 which such status was granted, notwithstanding any other 

4 provision of law, the period of authorized admission as 

5 such a nonimmigrant shall terminate 60 days after the 

6 date of the enactment of this Act, unless the Secretary 

7 of Homeland Security makes an individualized determina8 tion described in section 296(a) of the Immigration and 

9 Nationality Act (as added by subsection (a)) with respect 

10 to the alien. 

11 (c) REPEAL.—Section 306 of the Enhanced Border 

12 Security and Visa Entry Reform Act of 2002 (Public Law 

13 107–173) is repealed. 

14 Subtitle C—Legal Immigration 

15 Reform 

16 SEC. 821. EXTENDED FAMILY PREFERENCE CATEGORIES. 

17 (a) IN GENERAL.—Section 203(a) (8 U.S.C. 

18 1153(a)) is amended to read as follows: 

19 ‘‘(a) PREFERENCE ALLOCATION FOR FAMILY-SPON20 SORED IMMIGRANTS.—Qualified immigrants who are the 

21 spouses or children of an alien lawfully admitted for per22 manent residence shall be subject to the worldwide level 

23 specified in section 201(c) for family-sponsored immi24 grants, and shall be allocated visas in a number not to 

25 exceed such level.’’. 
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1 (b) WORLDWIDE LEVEL OF FAMILY-SPONSORED IM2 MIGRANTS.—Section 201(c) (8 U.S.C. 1151(c)) is amend3 ed—

4 (1) by striking ‘‘480,000’’ and inserting 

5 ‘‘87,934’’; and 

6 (2) by striking ‘‘226,000’’ and inserting 

7 ‘‘87,934’’. 

8 (c) NUMERICAL LIMITATION TO ANY SINGLE FOR9 EIGN STATE.—Section 202 (8 U.S.C. 1152) is amended—

10 (1) in subsection (a)(4), by striking subpara11 graph (A) and inserting the following: 

12 ‘‘(A) 75 PERCENT NOT SUBJECT TO PER

13 COUNTRY LIMITATION.—Of the visa numbers 

14 made available under section 203(a) in any fis15 cal year, 75 percent shall be issued without re16 gard to the numerical limitation under para17 graph (2).’’; and 

18 (2) in subsection (e)—

19 (A) in paragraph (1), by adding ‘‘and’’ at 

20 the end; 

21 (B) by striking paragraph (2); and 

22 (C) by redesignating paragraph (3) as 

23 paragraph (2). 

24 (d) PROCEDURE FOR GRANTING IMMIGRANT STA25 TUS.—Section 204 (8 U.S.C. 1154) is amended—
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1 (1) in subsection (a)(1)(A)(i), by striking 

2 ‘‘paragraph (1), (3), or (4) of’’; 

3 (2) in subsection (a)(1)(B), by striking 

4 ‘‘203(a)(2)’’ and ‘‘203(a)(2)(A)’’ each place such 

5 terms appear and inserting ‘‘203(a)’’; 

6 (3) in subsection (a)(1)(D)(i)—

7 (A) in subclause (I), by striking ‘‘a peti8 tioner for preference status under paragraph 

9 (1), (2), or (3)’’ and all that follows through 

10 the period at the end and inserting ‘‘to be an 

11 individual under 21 years of age for purposes of 

12 adjudicating such petition, and for purposes of 

13 admission as an immediate relative under sec14 tion 201(b)(2)(A)(i), notwithstanding the actual 

15 age of the individual.’’; and 

16 (B) in subclause (III), by striking ‘‘para17 graph (1), (2), or (3) of section 203(a), which18 ever paragraph is applicable,’’ and inserting 

19 ‘‘section 203(a), and under 21 years of age 

20 (notwithstanding the actual age of the indi21 vidual),’’; and 

22 (4) in subsection (f), by striking ‘‘201(b), 

23 203(a)(1), or 203(a)(3), as appropriate.’’ and insert24 ing ‘‘201(b).’’. 
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1 (e) CLASSES OF DEPORTABLE ALIENS.—Section 

2 237(a)(1)(E)(ii) (8 U.S.C. 1227(a)(1)(E)(ii)) is amended 

3 by striking ‘‘203(a)(2)’’ and inserting ‘‘203(a)’’. 

4 (f) CONDITIONAL PERMANENT RESIDENT STATUS

5 FOR CERTAIN ALIEN SPOUSES AND SONS AND DAUGH6 TERS.—Section 216(g)(1)(C) (8 U.S.C. 1186a(g)(1)(C)) 

7 is amended by striking ‘‘203(a)(2)’’ and inserting 

8 ‘‘203(a)’’. 

9 (g) EFFECTIVE DATE.—The amendments made this 

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

11 Act. 

12 SEC. 822. EMPLOYMENT THIRD PREFERENCE CATEGORY. 

13 (a) IN GENERAL.—Paragraph (3) of section 203(b) 

14 (8 U.S.C. 1153(b)) is amended to read as follows: 

15 ‘‘(3) SKILLED WORKERS AND PROFES16 SIONALS.—

17 ‘‘(A) IN GENERAL.—Visas shall be made 

18 available, in a number not to exceed 28.6 per19 cent of such worldwide level, plus any visas not 

20 required for the classes specified in paragraphs 

21 (1) and (2), to the following classes of aliens 

22 who are not described in paragraph (2): 

23 ‘‘(i) SKILLED WORKERS.—Qualified 

24 immigrants who are capable, at the time of 

25 petitioning for classification under this 
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1 paragraph, of performing skilled labor (re2 quiring at least 2 years training or experi3 ence), not of a temporary or seasonal na4 ture, for which qualified workers are not 

5 available in the United States.

6 ‘‘(ii) PROFESSIONALS.—Qualified im7 migrants who hold baccalaureate degrees 

8 and who are members of the professions. 

9 ‘‘(B) LABOR CERTIFICATION REQUIRED.—

10 An immigrant visa may not be issued to an im11 migrant under subparagraph (A) until the con12 sular officer is in receipt of a determination 

13 made by the Secretary of labor pursuant to the 

14 provisions of section 212(a)(5)(A).’’. 

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

16 subsection (a) shall take effect on the date of enactment 

17 of this Act. 

18 SEC. 823. ELIMINATION OF DIVERSITY IMMIGRANT PRO19 GRAM. 

20 (a) WORLDWIDE LEVEL OF DIVERSITY IMMI21 GRANTS.—Section 201 (8 U.S.C. 1151) is amended—

22 (1) in subsection (a)—

23 (A) by inserting ‘‘and’’ at the end of para24 graph (1); 
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1 (B) by striking ‘‘; and’’ at the end of para2 graph (2) and inserting a period; and 

3 (C) by striking paragraph (3); and 

4 (2) by striking subsection (e). 

5 (b) ALLOCATION OF DIVERSITY IMMIGRANT VISAS.—

6 Section 203 (8 U.S.C. 1153) is amended—

7 (1) by striking subsection (c); 

8 (2) in subsection (d), by striking ‘‘(a), (b), or 

9 (c),’’ and inserting ‘‘(a) or (b),’’; 

10 (3) in subsection (e), by striking paragraph (2) 

11 and redesignating paragraph (3) as paragraph (2); 

12 (4) in subsection (f), by striking ‘‘(a), (b), or 

13 (c)’’ and inserting ‘‘(a) or (b)’’; and 

14 (5) in subsection (g), by striking ‘‘(a), (b), and 

15 (c)’’ and inserting ‘‘(a) and (b)’’. 

16 (c) PROCEDURE FOR GRANTING IMMIGRANT STA17 TUS.—Section 204 (8 U.S.C. 1154) is amended—

18 (1) by striking subsection (a)(1)(I); and 

19 (2) in subsection (e), by striking ‘‘(a), (b), or 

20 (c)’’ and inserting ‘‘(a) or (b)’’. 

21 (c) EFFECTIVE DATE.—The amendments made this 

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

23 Act. 
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1 SEC. 824. REFUGEE ADMISSIONS. 

2 (a) IN GENERAL.—Paragraphs (1) and (2) of section 

3 207(a) (8 U.S.C. 1157(a)) are amended to read as follows: 

4 ‘‘(a)(1) Except as provided in paragraph (2) and sub5 section (b), the number of refugees who may be admitted 

6 under this section in any fiscal year shall be such number 

7 as the President determines, before the beginning of the 

8 fiscal year and after appropriate consultation, is justified 

9 by humanitarian concerns or is otherwise in the national 

10 interest. 

11 ‘‘(2)(A) Except as provided in subparagraphs (B) 

12 and (C), the number determined under paragraph (1) for 

13 a fiscal year may not exceed the number of United Nations 

14 High Commissioner for Refugees-referred refugees who 

15 were resettled in a country other than the United States 

16 (excluding any internally resettled person) in the second 

17 preceding calendar year. 

18 ‘‘(B) The number determined under paragraph (1) 

19 for a fiscal year may exceed the limit specified in subpara20 graph (A) by the number of refugees admitted pursuant 

21 to section 599D(b)(3) of the Foreign Operations, Export 

22 Financing, and Related Programs Appropriations Act, 

23 1990 (8 U.S.C. 1157 note). 

24 ‘‘(C) The number determined under paragraph (1) 

25 for a fiscal year may exceed the limit specified in subpara-
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1 graph (A) if the Congress enacts a law providing for a 

2 higher number.’’. 

3 (b) EMERGENCY REFUGEE SITUATIONS.—Section 

4 207(b) (8 U.S.C. 1157(b)) is amended by striking ‘‘the 

5 President may fix’’ and inserting ‘‘the President may, if 

6 the Congress enacts a law providing such authority, fix’’. 

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

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

9 this Act. 

10 SEC. 825. ALIENS SUBJECT TO DIRECT NUMERICAL LIMITA11 TIONS. 

12 Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amend13 ed—

14 (1) by striking subparagraphs (C), (D), and 

15 (E); and 

16 (2) by amending subparagraph (B) to read as 

17 follows: 

18 ‘‘(B) Aliens who are admitted under sec19 tion 207.’’. 

20 SEC. 826. EDUCATION OF FAMILY-SPONSORED IMMI21 GRANTS. 

22 Section 203(a) (8 U.S.C. 1153(a)) is amended by 

23 adding at the end the following: 

24 ‘‘(5) LIMITATION.—An adult alien other than a 

25 derivative spouse is not eligible for a visa under this 
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1 subsection unless the alien has attained at least a 

2 high school education or its equivalent.’’. 

3 SEC. 827. SPONSORSHIP LEVELS. 

4 Section 213A(f)(1)(E) (8 U.S.C. 1183a(f)(1)(E)) is 

5 amended by striking ‘‘125 percent of the Federal poverty 

6 line’’ and inserting ‘‘200 percent of the poverty line’’. 

7 SEC. 828. REPEAL OF SECTION 245(i). 

8 Section 245(i) (8 U.S.C. 1255(i)) is repealed. 

9 TITLE IX—MISCELLANEOUS 

10 PROVISIONS 

11 SEC. 901. TEMPORARY PROTECTED STATUS. 

12 (a) IN GENERAL.—Section 244 (8 U.S.C. 1254a) is 

13 amended—

14 (1) in subsection (a)—

15 (A) by striking paragraph (3)(D); 

16 (B) in paragraph (4)—

17 (i) by striking subparagraph (B); 

18 (ii) by moving the text of subpara19 graph (A) up and to the right so that it 

20 follows immediately after the paragraph 

21 heading; and 

22 (iii) by striking ‘‘(A)’’; and 

23 (C) in paragraph (5), by striking ‘‘to deny 

24 temporary protected status to an alien based on 

25 the alien’s immigration status or’’; 
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1 (2) in subsection (b)—

2 (A) in paragraph (1)—

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

4 ‘‘or’’ at the end; 

5 (ii) in subparagraph (B)—

6 (I) in clause (i), by striking ‘‘dis7 ruption of living conditions’’ and in8 serting ‘‘physical destruction of homes 

9 and businesses’’; 

10 (II) by amending clause (ii) to 

11 read as follows: 

12 ‘‘(ii) the foreign state is unable, tem13 porarily, to house and employ the aliens 

14 who are nationals of the state residing in 

15 the United States, but has officially re16 quested designation and submitted to the 

17 Secretary of State a specific plan to repa18 triate such nationals in a short and speci19 fied period of time; and’’; and 

20 (III) in clause (iii), by striking ‘‘; 

21 or’’ and inserting a period; 

22 (iii) by striking subparagraph (C); 

23 and 

24 (iv) by adding at the end the fol25 lowing: 
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1 ‘‘An initial designation, or extension of a designa2 tion, of a foreign state (or part of such foreign 

3 state) under this paragraph shall not become effec4 tive if the Secretary of Homeland Security finds that 

5 permitting the aliens to remain temporarily in the 

6 United States is contrary to the national interest of 

7 the United States.’’

8 (B) in the last sentence of paragraph (2), 

9 by striking ‘‘18 months’’ and inserting ‘‘12 

10 months’’; 

11 (C) in paragraph (3)—

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

13 ‘‘all’’ after ‘‘and shall determine whether’’; 

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

15 ‘‘all’’ after ‘‘no longer continues to meet’’; 

16 and 

17 (iii) by amending subparagraph (C) to 

18 read as follows: 

19 ‘‘(C) EXTENSION OF DESIGNATION.—If 

20 the Secretary of Homeland Security determines 

21 under subparagraph (A) that a foreign state (or 

22 part of such foreign state) continues to meet all 

23 the conditions for designation under paragraph 

24 (1) and that the foreign state warrants an ex25 tension, the period of designation of the foreign 
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1 State is extended for an additional period of 6 

2 months (or, in the discretion of the Secretary, 

3 a period of 12 months).’’; and 

4 (D) in paragraph (5)—

5 (i) by striking subparagraph (B); 

6 (ii) by moving the text of subpara7 graph (A) up and to the right so that it 

8 follows immediately after the paragraph 

9 heading; and 

10 (iii) by striking ‘‘(A) DESIGNA11 TIONS.—’’; 

12 (3) in subsection (c)—

13 (A) in paragraph (1)(B), by striking ‘‘The 

14 amount of any such fee shall not exceed $50.’’; 

15 (B) in paragraph (2)—

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

17 ‘‘of paragraph (1)—’’ and all that follows 

18 through the end and inserting the fol19 lowing: ‘‘, the provisions of section 

20 212(a)(1) may be waived in the Secretary 

21 of Homeland Security’s discretion if a de22 nial of temporary protected status would 

23 separate the alien from a spouse or child 

24 in the United States.’’; 

25 (ii) in subparagraph (B)—
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1 (I) by amending clause (i) to 

2 read as follows: 

3 ‘‘(i) the alien is inadmissible under 

4 section 212(a) by reason of having been 

5 convicted of a crime committed in the 

6 United States, or the alien is deportable 

7 under section 237(a) (other than under 

8 section 237(a)(1)(B));’’; 

9 (II) in clause (ii), by striking the 

10 period at the end and inserting ‘‘; or’’; 

11 and 

12 (III) by adding at the end the 

13 following: 

14 ‘‘(iii) the alien was unlawfully present 

15 in the United States on the effective date 

16 of the designation of the applicable foreign 

17 state (or part of a state), or the effective 

18 date of any extension of such designation, 

19 unless a law to the contrary is enacted be20 fore such date, except that if the Congress 

21 is adjourned sine die on such date, the 

22 alien may be granted temporary protected 

23 status for a period of not more than 4 

24 months.’’; 

25 (C) in paragraph (3)—
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1 (i) by striking ‘‘, or’’ at the end of 

2 subparagraph (B) and inserting a semi3 colon; 

4 (ii) in subparagraph (C)—

5 (I) by inserting ‘‘and record the 

6 alien’s current address’’ after ‘‘reg7 ister’’; and 

8 (II) by striking the period at the 

9 end and inserting a semicolon; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(D) the alien commits a crime after being 

13 granted temporary protected status; or 

14 ‘‘(E) the alien travels, no matter how brief15 ly, to the foreign state (or part of such state) 

16 the designation of which was the basis of the 

17 alien being granted such status.’’; 

18 (D) in paragraph (4), in each of subpara19 graphs (A) and (B), by inserting before the pe20 riod at the end the following: ‘‘, unless the alien 

21 travels, no matter how briefly, to the foreign 

22 state (or part of such state) the designation of 

23 which was the basis of the alien being granted 

24 such status’’; and 

25 (E) by striking paragraph (6); 
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1 (4) in subsection (d), by striking paragraph (4); 

2 (5) in subsection (e), by striking ‘‘, unless the 

3 Attorney General determines that extreme hardship 

4 exists’’ in the first sentence; 

5 (6) in subsection (f)—

6 (A) by inserting ‘‘and’’ at the end of para7 graph (2); 

8 (B) in paragraph (3), by striking ‘‘Attor9 ney General; and’’ and inserting ‘‘Secretary of 

10 Homeland Security, except to the foreign state 

11 (or part of such state) the designation of which 

12 was the basis of the alien being granted such 

13 status.’’; and 

14 (C) by striking paragraph (4); and 

15 (7) in subsection (h)—

16 (A) in paragraph (1), by inserting ‘‘or the 

17 House of Representatives’’ after ‘‘Senate’’; 

18 (B) in paragraph (2), by striking ‘‘three19 fifths’’ and inserting ‘‘two-thirds’’; and 

20 (C) by inserting ‘‘and the House of Rep21 resentatives’’ after ‘‘Senate’’ each place such 

22 term appears in paragraphs (2) and (3). 

23 (b) INELIGIBILITY OF CERTAIN ALIENS.—

24 (1) IN GENERAL.—In the case of a foreign 

25 state (or part of a foreign state) initially designated 
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1 under section 244 (8 U.S.C. 1254a), or having such 

2 a designation extended, before the date of the enact3 ment of this Act, an alien who is a national of such 

4 state (or in the case of an alien having no nation5 ality, is a person who last habitually resided in such 

6 state), and was unlawfully present in the United 

7 States on the date of such designation or extension, 

8 shall be subject to paragraph (2). 

9 (2) ALIENS INELIGIBLE.—An alien described in 

10 paragraph (1) shall not be considered eligible for 

11 temporary protected status under section 244 pursu12 ant to any initial or succeeding extension of a des13 ignation described in such paragraph that takes ef14 fect after the date of the enactment of this Act, un15 less a law to the contrary is enacted before such ef16 fective date, except that if the Congress is adjourned 

17 sine die on such effective date, the alien may be 

18 granted temporary protected status for a period of 

19 not more than 4 months. 

20 SEC. 902. GOOD MORAL CHARACTER. 

21 (a) IN GENERAL.—Section 101(f)(6) (8 U.S.C. 

22 1101(f)(6)) is amended to read as follows: 

23 ‘‘(6) one who, by fraud or willfully misrepre24 senting a material fact, seeks to procure (or has 

25 sought to procure or has procured) a visa, other doc-
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1 umentation, or admission into the United States or 

2 other benefit provided under this Act, for himself, 

3 herself, or any other alien;’’.

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

5 subsection (a) shall take effect on the date of the enact6 ment of this Act and shall apply to misrepresentations 

7 made on or after such date. 

8 SEC. 903. REMOVAL FOR ALIENS WHO MAKE MISREPRESEN9 TATIONS TO PROCURE BENEFITS. 

10 (a) IN GENERAL.—Section 237(a)(3) (8 U.S.C. 

11 1127(a)(3)) is amended by adding at the end the fol12 lowing: 

13 ‘‘(F) MISREPRESENTATION.—Any alien 

14 who, by fraud or willfully misrepresenting a ma15 terial fact, seeks to procure (or has sought to 

16 procure or has procured) a visa, other docu17 mentation, or admission into the United States 

18 or other benefit provided under this Act, for 

19 himself, herself, or any other alien, is deport20 able.’’. 

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

22 subsection (a) shall take effect on the date of the enact23 ment of this Act and shall apply to misrepresentations 

24 made on or after such date. 
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1 SEC. 904. DESIGNATIONS OF FOREIGN TERRORIST ORGANI2 ZATIONS. 

3 Section 219 (8 U.S.C. 1189) is amended—

4 (1) by striking ‘‘Secretary’’ each place such 

5 term appears, excluding subsection (a)(2)(C), and 

6 inserting ‘‘official specified under subsection (d)’’; 

7 (2) in subsection (c)—

8 (A) in paragraph (2), by adding ‘‘and’’ at 

9 the end; 

10 (B) in paragraph (3), by striking ‘‘; and’’ 

11 at the end and inserting a period; and 

12 (C) by striking paragraph (4); and 

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

14 ‘‘(d) IMPLEMENTATION OF DUTIES AND AUTHORI15 TIES.—The duties under this section shall, and authorities 

16 under this section may, be exercised by the Secretary of 

17 State, the Attorney General, or the Secretary of Homeland 

18 Security.’’. 

19 SEC. 905. FOREIGN STUDENTS. 

20 (a) LENGTH OF VISA TERM.—Section 221(c) (8 

21 U.S.C. 1201(c)) is amended—

22 (1) by striking ‘‘A nonimmigrant visa’’ and in23 serting ‘‘Except as otherwise provided by law, a non24 immigrant visa’’; and 

25 (2) by adding at the end the following: 
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1 ‘‘In the case of a nonimmigrant visa issued under subpara2 graph (F), (J), or (M) of section 101(a)(15) for study in 

3 the United States, the visa shall not be valid for any pe4 riod in excess of the stated period that the institution or 

5 place of study to which the visa relates determines is nec6 essary and proper for the purpose of achieving the objec7 tive of such study. Such determinations shall be timely 

8 submitted, in accordance with such regulations as the Sec9 retary of Homeland Security may prescribe, as a condition 

10 of the granting of authority to issue documents dem11 onstrating aliens’ eligibility for a visa under subparagraph 

12 (F), (J), or (M) of section 101(a)(15).’’. 

13 (b) ELIGIBLE INSTITUTION.—Section 214 (8 U.S.C. 

14 1202), as amended by section 204 of this Act, is further 

15 amended by adding at the end the following: 

16 ‘‘(w) A nonimmigrant visa may not be issued under 

17 subparagraph (F), (J), or (M) of section 101(a)(15) for 

18 postsecondary study at an educational institution unless 

19 that institution is an eligible institution for the purpose 

20 of a program authorized under title IV of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1070 et seq.).’’. 

22 (c) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall take effect 6 months after the date 

24 of the enactment of this Act. The amendment made by 
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1 subsection (b) shall take effect on the date of the enact2 ment of this Act. 

3 SEC. 906. PAY GRADE GS–15 AVAILABLE FOR TRIAL ATTOR4 NEYS. 

5 There are authorized to be appropriated such sums 

6 as may be to establish a range for the annual rate of basic 

7 pay for positions as a trial attorney in the Bureau of Cus8 toms and Border Protection, the Bureau of Immigration 

9 and Customs Enforcement, and the Bureau of Citizenship 

10 and Immigration Services between the minimum annual 

11 rate of basic pay payable for grade GS–11 of the General 

12 Schedule and the maximum annual rate of basic pay pay13 able for grade GS–15 of the General Schedule. 

14 SEC. 907. PROOF OF IDENTITY OF ALIENS SEEKING RELIEF. 

15 (a) ASYLUM.—Section 208(b)(2) (8 U.S.C. 

16 1158(b)(2)) is amended by adding at the end the fol17 lowing: 

18 ‘‘(E) PROOF OF IDENTITY.—No alien may 

19 be granted asylum until the alien proves the 

20 alien’s true identity by clear and convincing evi21 dence.’’. 

22 (b) ADJUSTMENT OF STATUS OF REFUGEES.—Sec23 tion 209 (8 U.S.C. 1159) is amended by adding at the 

24 end the following: 
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1 ‘‘(d) No alien may have the alien’s status adjusted 

2 under this section until the alien proves the alien’s true 

3 identity by clear and convincing evidence.’’. 

4 (c) CANCELLATION OF REMOVAL.—Section 240A (8 

5 U.S.C. 1229b) is amended by adding at the end the fol6 lowing: 

7 ‘‘(f) PROOF OF IDENTITY.—No alien may receive re8 lief under this section until the alien proves the alien’s 

9 true identity by clear and convincing evidence.’’. 

10 (d) ADJUSTMENT OF STATUS OF NONIMMIGRANTS.—

11 Section 245 (8 U.S.C. 1255) is amended—

12 (1) by redesignating the subsection (l) added by 

13 section 1513(f) of Public Law 106–386 (114 Stat. 

14 1536) as subsection (m); and 

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

16 ‘‘(n) PROOF OF IDENTITY.—No alien may have the 

17 alien’s status adjusted under this section until the alien 

18 proves the alien’s true identity by clear and convincing evi19 dence.’’. 

20 (e) EFFECTIVE DATE.—The amendments made by 

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

22 of this Act and shall apply to relief provided on and after 

23 such date. 
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1 SEC. 908. FOLLOWING TO JOIN DEFINED. 

2 Section 101(a) (8 U.S.C. 1101) is amended by adding 

3 at the end the following: 

4 ‘‘(51) The term ‘following to join’ when used with re5 spect to a spouse or child of an alien, means that the 

6 spouse or child departs for the United States, in order 

7 to reside with the alien, during the 1-year period beginning 

8 on the date on which the alien is admitted into the United 

9 States.’’. 

10 SEC. 909. INFORMATION ON FOREIGN CRIMES. 

11 Section 245(a) is amended—

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (2); 

14 (2) by redesignating paragraph (3) as para15 graph (4); and 

16 (3) by inserting after paragraph (2) the fol17 lowing: ‘‘(3) the Secretary of Homeland Security has 

18 thoroughly examined the alien’s countries of prior 

19 residence to determine that the alien has not com20 mitted a crime in those countries making the alien 

21 inadmissible, and’’.

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