II 

115TH CONGRESS 

1ST SESSION S. 1937 

To authorize appropriations for border infrastructure construction, to provide 

conditional resident status to certain aliens, and to amend the Immigration and Nationality Act to include grounds of inadmissibility and deportability for alien members of criminal gangs and cartels, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 5, 2017 

Mr. FLAKE introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To authorize appropriations for border infrastructure construction, to provide conditional resident status to certain 

aliens, and to amend the Immigration and Nationality 

Act to include grounds of inadmissibility and deportability for alien members of criminal gangs and cartels, 

and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Border Security and 

5 Deferred Action Recipient Relief Act’’. 


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1 SEC. 2. DEFINITION OF SECRETARY. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Homeland Security. 

4 SEC. 3. BORDER INFRASTRUCTURE CONSTRUCTION. 

5 (a) BORDER SECURITY TRUST FUND.— 

6 (1) ESTABLISHMENT.—There is established in 

7 the Treasury of the United States a trust fund, to 

8 be known as the ‘‘Border Security Trust Fund’’ (re9 ferred to in this section as the ‘‘Trust Fund’’), con10 sisting of the amounts transferred from the general 

11 fund of the Treasury under paragraph (2). 

12 (2) DEPOSITS.—Not later than the date that is 

13 the later of the date of enactment of this Act and 

14 September 30, 2020, the Secretary of the Treasury 

15 shall deposit in the Trust Fund, from the general 

16 fund of the Treasury, $1,571,239,000, to remain 

17 available until expended. 

18 (3) REPAYMENT OF COSTS.— 

19 (A) IN GENERAL.—The Secretary of the 

20 Treasury shall use any Federal tax liability col21 lected by the Secretary of the Treasury under 

22 section 244A(d)(6) of the Immigration and Na23 tionality Act to recover the amount described in 

24 paragraph (2). 

25 (B) SURCHARGE AUTHORIZED.—The Sec26 retary may impose on any conditional permaVerDate Sep 11 2014 04:29 Oct 11, 2017 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1937.IS S1937

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1 nent resident (as defined in section 244A(a) of 

2 the Immigration and Nationality Act) a sur3 charge in an amount determined by the Sec4 retary to be the minimum proportional amount 

5 necessary to recover the amount equal to the 

6 difference between— 

7 (i) the amount described in paragraph 

8 (2); and 

9 (ii) the amount collected under sub10 paragraph (A). 

11 (b) BORDER SECURITY EXPENDITURES.—Amounts 

12 in the Trust Fund shall be available without further ap13 propriation for procurement, construction, and improve14 ments as follows: 

15 (1) $784,000,000 for 32 miles of new border 

16 bollard fencing in the Rio Grande Valley in the State 

17 of Texas. 

18 (2) $498,000,000 for 28 miles of new bollard 

19 levee wall in the Rio Grande Valley in the State of 

20 Texas. 

21 (3) $251,000,000 for 14 miles of secondary 

22 fencing in San Diego, California. 

23 (4) $38,239,000 for planning activities relating 

24 to border wall construction. 


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1 SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG2 TERM RESIDENTS WHO ENTERED THE 

3 UNITED STATES AS CHILDREN. 

4 (a) IN GENERAL.—Chapter 4 of title II of the Immi5 gration and Nationality Act (8 U.S.C. 1221 et seq.) is 

6 amended by adding at the end the following: 

7 ‘‘SEC. 244A. CANCELLATION OF REMOVAL OF CERTAIN 

8 LONG-TERM RESIDENTS WHO ENTERED THE 

9 UNITED STATES AS CHILDREN. 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) ACTIVE DUTY.—The term ‘active duty’ has 

12 the meaning given the term in section 101 of title 

13 10, United States Code. 

14 ‘‘(2) ACTIVE SERVICE.—The term ‘active serv15 ice’ has the meaning given the term in section 101 

16 of title 10, United States Code. 

17 ‘‘(3) ACTIVE STATUS.—The term ‘active status’ 

18 has the meaning given the term in section 101 of 

19 title 10, United States Code. 

20 ‘‘(4) ALIEN ENLISTEE.—The term ‘alien en21 listee’ means a conditional permanent resident who 

22 seeks to maintain or extend conditional permanent 

23 resident status by means of satisfaction of the re24 quirements of this section relating to enlistment and 

25 service in the Armed Forces. 


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1 ‘‘(5) ALIEN POSTSECONDARY STUDENT.—The 

2 term ‘alien postsecondary student’ means a condi3 tional permanent resident who seeks to maintain or 

4 extend such conditional permanent resident status 

5 by means of satisfaction of the requirements of this 

6 section relating to enrollment in, and graduation 

7 from, an institution of higher education. 

8 ‘‘(6) ARMED FORCES.—The term ‘Armed 

9 Forces’ has the meaning given the term ‘armed 

10 forces’ in section 101 of title 10, United States 

11 Code. 

12 ‘‘(7) CONDITIONAL PERMANENT RESIDENT.— 

13 The term ‘conditional permanent resident’ means an 

14 alien who is granted conditional permanent resident 

15 status under subsection (b)(1)(A). 

16 ‘‘(8) CONVICTION.— 

17 ‘‘(A) IN GENERAL.—Subparagraph (B) of 

18 section 101(a)(48) shall not apply to the term 

19 ‘conviction’. 

20 ‘‘(B) EXCLUSIONS.—The term ‘conviction’ 

21 does not include— 

22 ‘‘(i) an adjudication or judgment of 

23 guilt that has been dismissed, expunged, 

24 deferred, annulled, invalidated, withheld, or 

25 vacated; 


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1 ‘‘(ii) an order of probation without 

2 entry of judgment; or 

3 ‘‘(iii) any similar disposition. 

4 ‘‘(9) INSTITUTION OF HIGHER EDUCATION.— 

5 ‘‘(A) IN GENERAL.—The term ‘institution 

6 of higher education’ has the meaning given the 

7 term in section 102 of the Higher Education 

8 Act of 1965 (20 U.S.C. 1002). 

9 ‘‘(B) EXCLUSION.—The term ‘institution 

10 of higher education’ does not include an institu11 tion of higher education outside the United 

12 States. 

13 ‘‘(10) SECRETARY.—The term ‘Secretary’ 

14 means the Secretary of Homeland Security. 

15 ‘‘(b) CANCELLATION OF REMOVAL OF CERTAIN

16 LONG-TERM RESIDENTS WHO ENTERED THE UNITED

17 STATES AS CHILDREN.— 

18 ‘‘(1) SPECIAL RULE FOR CERTAIN LONG-TERM

19 RESIDENTS WHO ENTERED THE UNITED STATES AS

20 CHILDREN.— 

21 ‘‘(A) IN GENERAL.—Notwithstanding any 

22 other provision of law and except as otherwise 

23 provided in this section, the Secretary may can24 cel the removal of, and grant conditional per25 manent resident status to, an alien who— 


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1 ‘‘(i) meets the qualifications described 

2 in subparagraph (B); and 

3 ‘‘(ii)(I) is inadmissible under section 

4 212(a) or deportable under section 237(a); 

5 or 

6 ‘‘(II) is the child of an alien who is 

7 lawfully present in the United States pur8 suant to the status described in section 

9 101(a)(15)(E)(ii). 

10 ‘‘(B) QUALIFICATIONS.—To qualify for 

11 cancellation of removal or conditional perma12 nent resident status under subparagraph (A), 

13 an alien shall submit an application and sup14 porting documentation that demonstrates by 

15 the preponderance of the evidence that— 

16 ‘‘(i) the alien has been physically 

17 present in the United States for a contin18 uous period since January 1, 2012; 

19 ‘‘(ii) on the date on which the alien 

20 initially entered the United States, the 

21 alien was under 16 years of age; 

22 ‘‘(iii) in the case of an alien who is 18 

23 years of age or older on the date on which 

24 the alien submits an application under this 

25 subsection, the alien has— 


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1 ‘‘(I) earned— 

2 ‘‘(aa) a high school diploma; 

3 or 

4 ‘‘(bb) a commensurate alter5 native award from a public or 

6 private high school or secondary 

7 school; 

8 ‘‘(II) obtained— 

9 ‘‘(aa) a general education 

10 development certificate recog11 nized under State law; or 

12 ‘‘(bb) a high school equiva13 lency diploma in the United 

14 States; 

15 ‘‘(III) been admitted to an insti16 tution of higher education; or 

17 ‘‘(IV) valid employment author18 ization; 

19 ‘‘(iv) the alien has been a person of 

20 good moral character since the date on 

21 which the alien initially entered the United 

22 States; 

23 ‘‘(v) subject to subparagraph (C)— 

24 ‘‘(I) the alien is not inadmissible 

25 under paragraph (1), (2), (3), (4), 


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1 (6)(E), (8), (10)(A), (10)(C), or 

2 (10)(D) of section 212(a); 

3 ‘‘(II) the alien is not deportable 

4 under paragraph (1)(E), (1)(G), (2), 

5 (4), (5), or (6) of section 237(a); 

6 ‘‘(III) the alien has not ordered, 

7 incited, assisted, or otherwise partici8 pated in the persecution of any person 

9 on account of race, religion, nation10 ality, membership in a particular so11 cial group, or political opinion; and 

12 ‘‘(IV) other than an offense 

13 under State or local law for which an 

14 essential element is the immigration 

15 status of the alien, a minor traffic of16 fense, or a violation of this section, 

17 the alien has not been convicted of— 

18 ‘‘(aa) any offense under 

19 Federal or State law punishable 

20 by a maximum term of imprison21 ment of more than 1 year; or 

22 ‘‘(bb) any combination of of23 fenses under Federal or State 

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1 tenced to imprisonment for a 

2 total of more than 1 year; and 

3 ‘‘(vi) the alien has never been subject 

4 to a final administrative or judicial order 

5 of exclusion, deportation, or removal, ex6 cept if the alien— 

7 ‘‘(I) has remained in the United 

8 States under color of law after the 

9 date on which the order was issued; or 

10 ‘‘(II) received the order before 

11 the date on which the alien attained 

12 the age of 18 years. 

13 ‘‘(C) WAIVER.—With respect to any ben14 efit under this section, for humanitarian pur15 poses, family unity, or for any other purpose for 

16 which a waiver would otherwise be in the public 

17 interest, the Secretary may waive— 

18 ‘‘(i) subparagraph (B)(v)(IV); 

19 ‘‘(ii) the grounds of inadmissibility 

20 under paragraphs (1), (4), and (6) of sec21 tion 212(a); and 

22 ‘‘(iii) the grounds of deportability 

23 under paragraph (1) of section 237(a). 

24 ‘‘(D) PROCEDURES.—The Secretary shall 

25 provide, by regulation, a procedure that allows 


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1 eligible individuals to apply affirmatively for 

2 conditional permanent resident status under 

3 this paragraph without being placed in removal 

4 proceedings. 

5 ‘‘(E) SUBMISSION OF BIOMETRIC AND BIO6 GRAPHICAL DATA.— 

7 ‘‘(i) IN GENERAL.—The Secretary 

8 may not cancel the removal of an alien or 

9 grant conditional permanent resident sta10 tus to an alien under this paragraph unless 

11 the alien submits to the Secretary biomet12 ric and biographical data, in accordance 

13 with procedures established by the Sec14 retary. 

15 ‘‘(ii) ALTERNATIVE PROCEDURE.— 

16 The Secretary shall provide an alternative 

17 procedure for the submission of biometric 

18 and biographical data for any applicant for 

19 conditional permanent resident status who 

20 is unable to provide biometric or biographi21 cal data due to a physical impairment. 

22 ‘‘(F) BACKGROUND CHECKS.— 

23 ‘‘(i) REQUIREMENT FOR BACKGROUND

24 CHECKS.—The Secretary shall use biomet25 ric, biographical, and other data deterVerDate Sep 11 2014 04:29 Oct 11, 2017 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1937.IS S1937

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1 mined by the Secretary to be appro2 priate— 

3 ‘‘(I) to conduct security and law 

4 enforcement background checks of 

5 any alien seeking cancellation of re6 moval or conditional permanent resi7 dent status under this paragraph; and 

8 ‘‘(II) to determine whether there 

9 is any criminal, national security, or 

10 other factor that would render the 

11 alien ineligible for cancellation of re12 moval or conditional permanent resi13 dent status. 

14 ‘‘(ii) COMPLETION OF BACKGROUND

15 CHECKS.—The security and law enforce16 ment background checks under clause (i) 

17 shall be completed, to the satisfaction of 

18 the Secretary, before the date on which the 

19 Secretary cancels the removal of, or grants 

20 conditional resident status to, the alien 

21 under this paragraph. 

22 ‘‘(G) MEDICAL EXAMINATION RE23 QUIRED.— 

24 ‘‘(i) IN GENERAL.—An alien who ap25 plies for cancellation of removal or condiVerDate Sep 11 2014 04:29 Oct 11, 2017 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1937.IS S1937

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1 tional permanent resident status under this 

2 paragraph shall undergo a medical obser3 vation and examination in accordance with 

4 the policies and procedures prescribed 

5 under clause (ii). 

6 ‘‘(ii) PROCEDURES.—The Secretary, 

7 with the concurrence of the Secretary of 

8 Health and Human Services, shall pre9 scribe policies and procedures for the na10 ture and timing of medical observations 

11 and examinations for aliens applying for 

12 cancellation of removal or conditional per13 manent resident status under this para14 graph. 

15 ‘‘(H) MILITARY SELECTIVE SERVICE.—An 

16 alien subject to registration under the Military 

17 Selective Service Act (50 U.S.C. App. 451 et 

18 seq.) who applies for cancellation of removal or 

19 conditional permanent resident status under 

20 this paragraph shall provide to the Secretary 

21 evidence that the alien has registered that Act. 

22 ‘‘(2) TERMINATION OF CONTINUOUS PERIOD.— 

23 For purposes of this subsection, any period of con24 tinuous residence or continuous physical presence in 

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1 cellation of removal or conditional permanent resi2 dent status under paragraph (1) shall not terminate 

3 on the date on which the alien is served a notice to 

4 appear under section 239(a). 

5 ‘‘(3) TREATMENT OF CERTAIN BREAKS IN

6 PRESENCE.— 

7 ‘‘(A) IN GENERAL.—For purposes of para8 graph (1)(B)(i), an alien shall be considered to 

9 have failed to maintain continuous physical 

10 presence in the United States if the alien has 

11 remained outside the United States— 

12 ‘‘(i) for any period of more than 90 

13 days; or 

14 ‘‘(ii) for 2 or more periods the total of 

15 which is more than 180 days. 

16 ‘‘(B) EXTENSION FOR EXCEPTIONAL CIR17 CUMSTANCES.—The Secretary may extend a 

18 time period described in clause (i) or (ii) of sub19 paragraph (A) by not more than 90 days if an 

20 alien demonstrates that the failure of the alien 

21 to timely return to the United States was due 

22 to exceptional circumstances, which shall be no 

23 less compelling than— 

24 ‘‘(i) the serious illness of the alien; or 


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1 ‘‘(ii) the death or serious illness of a 

2 parent, grandparent, sibling, or child of 

3 the alien. 

4 ‘‘(4) REGULATIONS.— 

5 ‘‘(A) INITIAL PUBLICATION.—Not later 

6 than 180 days after the date of enactment of 

7 this section, the Secretary shall publish in the 

8 Federal Register interim regulations to imple9 ment this subsection. 

10 ‘‘(B) INTERIM REGULATIONS.—Notwith11 standing section 553 of title 5, United States 

12 Code, the interim regulations published under 

13 subparagraph (A)— 

14 ‘‘(i) shall be effective, on an interim 

15 basis, immediately on the date on which 

16 the regulations are published; but 

17 ‘‘(ii) may be subject to change and re18 vision after public notice and a period of 

19 public comment. 

20 ‘‘(C) FINAL REGULATIONS.—Within a rea21 sonable period after the publication of the in22 terim regulations under subparagraph (A), the 

23 Secretary shall publish final regulations to im24 plement this subsection. 


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1 ‘‘(5) REMOVAL OF ALIEN.—The Secretary may 

2 not remove any alien who— 

3 ‘‘(A) has a pending application for condi4 tional permanent resident status under this 

5 subsection; or 

6 ‘‘(B)(i) establishes prima facie eligibility 

7 for cancellation of removal or conditional per8 manent resident status under paragraph (1); 

9 and 

10 ‘‘(ii) is provided a reasonable opportunity 

11 to submit an application under that paragraph. 

12 ‘‘(c) CONDITIONAL PERMANENT RESIDENT STA13 TUS.— 

14 ‘‘(1) LENGTH OF STATUS.—Conditional perma15 nent resident status granted under subsection (b)(1) 

16 shall be valid for an initial period of 5 years, subject 

17 to termination under paragraph (4). 

18 ‘‘(2) DESCRIPTION OF STATUS.—A conditional 

19 permanent resident— 

20 ‘‘(A) shall not be considered to be an alien 

21 who is unlawfully present in the United States 

22 for purposes of the immigration laws, including 

23 section 505 of the Illegal Immigration Reform 

24 and Immigrant Responsibility Act of 1996 (8 

25 U.S.C. 1623); 


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1 ‘‘(B) shall be considered to be an alien 

2 lawfully admitted for permanent residence in 

3 the United States on a conditional basis; 

4 ‘‘(C) shall be considered to have the intent 

5 to permanently reside in the United States; 

6 ‘‘(D) shall not be required to have a for7 eign residence that the alien has no intention of 

8 abandoning; and 

9 ‘‘(E) shall be considered to have been in10 spected and admitted for the purposes of sec11 tion 245(a). 

12 ‘‘(3) TERMS OF CONDITIONAL PERMANENT

13 RESIDENT STATUS.— 

14 ‘‘(A) EMPLOYMENT.—A conditional perma15 nent resident shall be authorized— 

16 ‘‘(i) to be employed in the United 

17 States incident to conditional permanent 

18 resident status; and 

19 ‘‘(ii) to enlist in the Armed Forces 

20 under section 504(b)(1)(D) of title 10, 

21 United States Code. 

22 ‘‘(B) TRAVEL.—A conditional permanent 

23 resident may— 

24 ‘‘(i) travel outside the United States; 

25 and 


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1 ‘‘(ii) if otherwise admissible, be admit2 ted on return to the United States without 

3 obtaining a visa if— 

4 ‘‘(I) the conditional permanent 

5 resident is the bearer of valid, unex6 pired documentary evidence of condi7 tional permanent resident status; and 

8 ‘‘(II)(aa) the absence of the con9 ditional permanent resident from the 

10 United States was for a period of not 

11 more than 180 days; or 

12 ‘‘(bb) the conditional permanent 

13 resident was outside the United States 

14 due to active service in the Armed 

15 Forces. 

16 ‘‘(4) TERMINATION OF STATUS.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 terminate the conditional permanent resident 

19 status of an alien if the Secretary determines 

20 that— 

21 ‘‘(i) the alien is 18 years of age or 

22 older; and 

23 ‘‘(ii)(I) in the case of— 

24 ‘‘(aa) an alien postsecondary stu25 dent, the alien has failed— 


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1 ‘‘(AA) to enroll in an ac2 credited institution of higher edu3 cation within 1 year after the 

4 date on which the alien was 

5 granted conditional permanent 

6 resident status; or 

7 ‘‘(BB) to remain enrolled in 

8 an accredited institution of high9 er education as of the date that 

10 is 1 year after the date on which 

11 the alien was granted conditional 

12 permanent resident status; 

13 ‘‘(bb) an alien described in sub14 section (b)(1)(B)(iii), during the 5- 

15 year period beginning on the date on 

16 which the alien was granted condi17 tional permanent resident status, the 

18 alien has not been employed for a 

19 total period of not less than 4 years; 

20 or 

21 ‘‘(cc) an alien enlistee, the 

22 alien— 

23 ‘‘(AA) failed to enlist, and 

24 be accepted for enlistment, in the 

25 Armed Forces within 270 days 


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1 after the date on which the alien 

2 was granted conditional perma3 nent resident status; or 

4 ‘‘(BB) has received a dis5 honorable or other than honor6 able discharge from the Armed 

7 Forces; 

8 ‘‘(II) the alien ceases to meet the re9 quirements of clause (iv) or (v) of sub10 section (b)(1)(B); or 

11 ‘‘(III) the alien has become a public 

12 charge. 

13 ‘‘(B) RETURN TO PREVIOUS IMMIGRATION

14 STATUS.—An alien whose conditional perma15 nent resident status is terminated under sub16 paragraph (A) shall return to the immigration 

17 status of the alien on the day before the date 

18 on which the alien was granted conditional per19 manent resident status. 

20 ‘‘(5) EXTENSION OF STATUS.— 

21 ‘‘(A) IN GENERAL.—With respect to an 

22 alien granted conditional permanent resident 

23 status under subsection (b)(1), the Secretary 

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1 tional period of 5 years if the alien meets each 

2 of the applicable requirements described in sub3 paragraph (B). 

4 ‘‘(B) REQUIREMENTS.— 

5 ‘‘(i) GOOD MORAL CHARACTER.—The 

6 alien has demonstrated good moral char7 acter for the entire period during which 

8 the alien has been a conditional permanent 

9 resident. 

10 ‘‘(ii) COMPLIANCE.—The alien meets 

11 the qualification described in subsection 

12 (b)(1)(B)(v). 

13 ‘‘(iii) NO ABANDONMENT OF RESI14 DENCE.— 

15 ‘‘(I) IN GENERAL.—The alien has 

16 not abandoned the residence of the 

17 alien in the United States. 

18 ‘‘(II) PRESUMPTION.— 

19 ‘‘(aa) IN GENERAL.—For 

20 purposes of this clause, except as 

21 provided in item (bb), the Sec22 retary shall presume that an 

23 alien has abandoned the resi24 dence of the alien in the United 

25 States if, during the period of 


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1 conditional permanent resident 

2 status of the alien, the alien is 

3 absent from the United States 

4 for more than 365 days in the 

5 aggregate. 

6 ‘‘(bb) EXCEPTION.—Not7 withstanding an absence from the 

8 United States of more than 365 

9 days in the aggregate during the 

10 period of conditional permanent 

11 resident status of an alien, the 

12 presumption described in item 

13 (aa) shall not apply if the alien 

14 demonstrates, to the satisfaction 

15 of the Secretary, that the alien 

16 has not abandoned the residence 

17 of the alien in the United States. 

18 ‘‘(iv) GRADUATION.—In the case of an 

19 alien postsecondary student, the alien— 

20 ‘‘(I) is 18 years of age or older; 

21 and 

22 ‘‘(II) has graduated from an ac23 credited institution of higher edu24 cation. 


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1 ‘‘(v) EMPLOYMENT.—In the case of 

2 an alien described in subsection 

3 (b)(1)(B)(iii), during the 5-year period be4 ginning on the date on which the alien was 

5 granted conditional permanent resident 

6 status, the alien has been employed for a 

7 total period of not less than 4 years. 

8 ‘‘(vi) ENLISTMENT.—In the case of an 

9 alien enlistee— 

10 ‘‘(I) the alien has served as a 

11 member of a regular or reserve com12 ponent of the Armed Forces in an ac13 tive duty status for not less than 3 

14 years; and 

15 ‘‘(II) if the alien has been dis16 charged, the alien received an honor17 able discharge. 

18 ‘‘(d) REMOVAL OF CONDITIONAL BASIS FOR PERMA19 NENT RESIDENCE.— 

20 ‘‘(1) APPLICATION TO REMOVE CONDITIONS.— 

21 ‘‘(A) IN GENERAL.—A conditional perma22 nent resident may submit to the Secretary, in 

23 accordance with paragraph (3), an applica24 tion— 


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1 ‘‘(i) to remove the conditional basis of 

2 permanent residency; and 

3 ‘‘(ii) to have the status of the alien 

4 adjusted to that of an alien lawfully admit5 ted for permanent residence. 

6 ‘‘(B) CONTENTS.—With respect to any ap7 plication submitted under subparagraph (A), an 

8 alien shall include, under penalty of perjury, the 

9 facts and information necessary for the Sec10 retary to make the determination described in 

11 paragraph (2)(A). 

12 ‘‘(2) ADJUDICATION OF APPLICATION FOR AD13 JUSTMENT OF STATUS.— 

14 ‘‘(A) IN GENERAL.—With respect to an ap15 plication submitted under paragraph (1) for an 

16 alien, the Secretary shall make a determination 

17 as to whether the alien meets the requirements 

18 described in paragraph (4). 

19 ‘‘(B) ADJUSTMENT OF STATUS IF FAVOR20 ABLE DETERMINATION.—Notwithstanding any 

21 other provision of law, including paragraphs 

22 (2), (3), (4), and (8) of section 245(c), if the 

23 Secretary determines that an alien meets the 

24 requirements described in paragraph (4)(B), 

25 the Secretary shall— 


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1 ‘‘(i) approve the application; 

2 ‘‘(ii) notify the alien of the determina3 tion; and 

4 ‘‘(iii) adjust the status of the alien to 

5 the status of an alien lawfully admitted for 

6 permanent residence, which shall be effec7 tive as of the date of approval of the appli8 cation. 

9 ‘‘(C) TERMINATION IF ADVERSE DETER10 MINATION.—If the Secretary determines that 

11 the alien does not meet the requirements de12 scribed in paragraph (4)(B), the Secretary 

13 shall— 

14 ‘‘(i) deny the application; 

15 ‘‘(ii) notify the alien of the determina16 tion; and 

17 ‘‘(iii) terminate the conditional perma18 nent resident status of the alien as of the 

19 date of the determination. 

20 ‘‘(3) TIME TO FILE APPLICATION.— 

21 ‘‘(A) IN GENERAL.—An alien shall submit 

22 an application for adjustment of status during 

23 the period beginning on the date on which the 

24 alien obtains an extension of status under sub25 section (c)(5) and ending on— 


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1 ‘‘(i) the date that is 10 years after the 

2 date on which the Secretary initially grant3 ed conditional permanent resident status to 

4 the alien; or 

5 ‘‘(ii) the date on which the conditional 

6 permanent resident status of the alien, as 

7 extended by the Secretary under subsection 

8 (c)(5), expires. 

9 ‘‘(B) STATUS DURING PENDENCY.—Dur10 ing any period in which the application of an 

11 alien for adjustment of status under this sub12 section is pending, an alien shall be considered 

13 to be in conditional permanent resident status. 

14 ‘‘(4) CONTENTS OF APPLICATION.— 

15 ‘‘(A) IN GENERAL.—An application to re16 move conditions and adjust status under para17 graph (1) shall contain information necessary 

18 for the Secretary to determine whether the alien 

19 meets each of the requirements described in 

20 subparagraph (B). 

21 ‘‘(B) REQUIREMENTS.— 

22 ‘‘(i) GOOD MORAL CHARACTER.—The 

23 alien has demonstrated good moral char24 acter for the entire period during which 


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1 the alien has been a conditional permanent 

2 resident. 

3 ‘‘(ii) COMPLIANCE.—The alien meets 

4 the requirements of subsection 

5 (b)(1)(B)(v). 

6 ‘‘(iii) NO ABANDONMENT OF RESI7 DENCE.— 

8 ‘‘(I) IN GENERAL.—The alien has 

9 not abandoned the residence of the 

10 alien in the United States. 

11 ‘‘(II) PRESUMPTION.— 

12 ‘‘(aa) IN GENERAL.—For 

13 purposes of this subparagraph, 

14 except as provided in item (bb), 

15 the Secretary shall presume that 

16 an alien has abandoned the resi17 dence of the alien in the United 

18 States if, during the period of 

19 conditional permanent resident 

20 status, the alien is absent from 

21 the United States for more than 

22 730 days in the aggregate. 

23 ‘‘(bb) EXCEPTION.—Not24 withstanding an absence from the 

25 United States of more than 730 


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1 days in the aggregate during the 

2 period of conditional permanent 

3 resident status of an alien, the 

4 presumption described in item 

5 (aa) shall not apply if the alien 

6 demonstrates, to the satisfaction 

7 of the Secretary, that the alien 

8 has not abandoned the residence 

9 of the alien in the United States. 

10 ‘‘(III) ACTIVE SERVICE.—Any 

11 period during which an alien is absent 

12 from the United States due to active 

13 service in the Armed Forces shall not 

14 be counted toward the 730 days re15 ferred to in subclause (II)(aa). 

16 ‘‘(5) CITIZENSHIP REQUIREMENT.— 

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

18 subparagraph (B), a conditional permanent 

19 resident shall not have the conditional basis for 

20 permanent residency removed or be adjusted to 

21 permanent resident status unless the alien dem22 onstrates that the alien meets the requirements 

23 described in paragraphs (1) and (2) of section 

24 312(a). 


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1 ‘‘(B) EXCEPTION.—Subparagraph (A) 

2 shall not apply to an alien who is unable to 

3 meet the requirements referred to in that sub4 paragraph due to— 

5 ‘‘(i) a physical or developmental dis6 ability; or 

7 ‘‘(ii) a mental impairment. 

8 ‘‘(6) PAYMENT OF FEDERAL TAXES.— 

9 ‘‘(A) DEFINITION OF APPLICABLE FED10 ERAL TAX LIABILITY.—In this paragraph, the 

11 term ‘applicable Federal tax liability’ means li12 ability for Federal taxes imposed under the In13 ternal Revenue Code of 1986, including any 

14 penalties and interest on taxes imposed under 

15 the Internal Revenue Code of 1986. 

16 ‘‘(B) PAYMENT REQUIRED.—Not later 

17 than the date on which an alien submits an ap18 plication for adjustment of status under para19 graph (1), the alien shall satisfy any applicable 

20 Federal tax liability due and owing as of that 

21 date of submission. 

22 ‘‘(7) SUBMISSION OF BIOMETRIC AND BIO23 GRAPHICAL DATA.— 

24 ‘‘(A) IN GENERAL.—The Secretary may 

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1 section unless the alien submits to the Sec2 retary biometric and biographical data in ac3 cordance with procedures established by the 

4 Secretary. 

5 ‘‘(B) ALTERNATIVE PROCEDURE.—The 

6 Secretary shall provide an alternative procedure 

7 for the submission of biometric and biographi8 cal data for any applicant for adjustment of 

9 status who is unable to provide biometric or bi10 ographical data due to a physical impairment. 

11 ‘‘(8) BACKGROUND CHECKS.— 

12 ‘‘(A) REQUIREMENT FOR BACKGROUND

13 CHECKS.—The Secretary shall use biometric, 

14 biographical, and other data determined by the 

15 Secretary to be appropriate— 

16 ‘‘(i) to conduct security and law en17 forcement background checks of any alien 

18 applying for adjustment of status under 

19 this subsection; and 

20 ‘‘(ii) to determine whether there is 

21 any criminal, national security, or other 

22 factor that would render the alien ineligible 

23 for adjustment of status. 

24 ‘‘(B) COMPLETION OF BACKGROUND

25 CHECKS.—The security and law enforcement 


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1 background checks under subparagraph (A) 

2 shall be completed, to the satisfaction of the 

3 Secretary, before the date on which Secretary 

4 grants adjustment of status. 

5 ‘‘(9) EXEMPTION FROM NUMERICAL LIMITA6 TIONS.—Nothing in this subsection or in any other 

7 law applies a numerical limitation on the number of 

8 aliens who may be eligible for adjustment of status 

9 under this subsection. 

10 ‘‘(10) ELIGIBILITY FOR NATURALIZATION.— 

11 ‘‘(A) IN GENERAL.—An alien whose status 

12 is adjusted under this subsection to that of an 

13 alien lawfully admitted for permanent residence 

14 may be naturalized in accordance with this Act 

15 if the alien meets the applicable requirements of 

16 the immigration laws. 

17 ‘‘(B) ALIEN ENLISTEES.—For purposes of 

18 section 316(a), an alien enlistee whose status is 

19 adjusted under this subsection— 

20 ‘‘(i) shall be considered to have satis21 fied the requirements of paragraphs (1) 

22 and (2) of that section; and 

23 ‘‘(ii) may apply for naturalization. 


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1 ‘‘(e) TREATMENT OF ALIENS MEETING REQUIRE2 MENTS FOR EXTENSION OF CONDITIONAL PERMANENT

3 RESIDENT STATUS.— 

4 ‘‘(1) IN GENERAL.—With respect to an alien, 

5 the Secretary may cancel removal and grant condi6 tional permanent resident status under subsection 

7 (b)(1), and may extend conditional permanent resi8 dent status under subsection (c)(5), if, as of the 

9 date of enactment of this section, the alien has satis10 fied each requirement described in subsections 

11 (b)(1)(B) and (c)(5)(B). 

12 ‘‘(2) ADJUSTMENT OF STATUS.—An alien may 

13 apply for adjustment of status under subsection 

14 (d)(1) if, during the entire period of conditional per15 manent resident status of the alien, the alien has 

16 met the requirements of subsection (c)(5)(B). 

17 ‘‘(f) EXCLUSIVE JURISDICTION.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), the Secretary shall have exclusive juris20 diction to determine eligibility for relief under this 

21 section. 

22 ‘‘(2) EXCEPTION.—In the case of an alien who 

23 has been placed in deportation, exclusion, or removal 

24 proceedings before or after the date on which the 

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1 moval and conditional permanent resident status or 

2 adjustment of status under this section, the Attor3 ney General— 

4 ‘‘(A) shall have exclusive jurisdiction to de5 termine eligibility for relief under this section; 

6 and 

7 ‘‘(B) shall assume all powers and duties of 

8 the Secretary described in this section until the 

9 date on which— 

10 ‘‘(i) deportation, exclusion, or removal 

11 proceedings are terminated; or 

12 ‘‘(ii) a final order of deportation, ex13 clusion, or removal is entered. 

14 ‘‘(3) EFFECT OF FINAL ORDER.—In the case of 

15 an alien for whom a final order of deportation, ex16 clusion, or removal is entered, the Secretary shall re17 sume all powers and duties delegated to the Sec18 retary under this section. 

19 ‘‘(4) EFFECT OF GRANT OF RELIEF.—In the 

20 case of an alien with respect to whom a final order 

21 of deportation, exclusion, or removal has been en22 tered, if the Secretary grants relief to the alien 

23 under this section, the Attorney General shall re24 scind the final order of deportation, exclusion, or re25 moval. 


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1 ‘‘(g) CONFIDENTIALITY OF INFORMATION.— 

2 ‘‘(1) PROHIBITION.—Except as provided in 

3 paragraph (2), an officer or employee of the United 

4 States shall not— 

5 ‘‘(A) use the information furnished by an 

6 individual in an application submitted to the 

7 Secretary under this section to initiate removal 

8 proceedings against any person identified in the 

9 application; 

10 ‘‘(B) issue any publication in which the in11 formation furnished by any particular individual 

12 in an application under this section may be 

13 identified; or 

14 ‘‘(C) permit any person (other than the 

15 Secretary, an officer or employee of the Federal 

16 Government, or the alien) to examine an appli17 cation submitted under this section. 

18 ‘‘(2) REQUIRED DISCLOSURE.—The Attorney 

19 General or the Secretary, as applicable, shall provide 

20 the information furnished by an individual in an ap21 plication under this section, and any other informa22 tion derived from the information, to— 

23 ‘‘(A) a Federal, State, Tribal, or local law 

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1 partment of Homeland Security, court, or 

2 grand jury in connection with a criminal inves3 tigation or prosecution, a background check 

4 conducted pursuant to the Brady Handgun Vio5 lence Protection Act (Public Law 103–159; 107 

6 Stat. 1536) (or an amendment made by that 

7 Act), or for homeland security or national secu8 rity purposes, if— 

9 ‘‘(i) the information is requested by 

10 the Federal, State, Tribal, or local law en11 forcement agency, intelligence agency, na12 tional security agency, component of the 

13 Department of Homeland Security, court, 

14 or grand jury; and 

15 ‘‘(ii) the provision of the information 

16 is consistent with an information sharing 

17 agreement or mechanism; or 

18 ‘‘(B) an official coroner for purposes of af19 firmatively identifying a deceased individual 

20 (whether or not the deceased individual is de21 ceased as a result of a crime). 

22 ‘‘(3) FRAUD IN APPLICATION PROCESS OR

23 CRIMINAL CONDUCT.—Notwithstanding any other 

24 provision of this subsection, information relating to 

25 whether an alien seeking cancellation of removal or 


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•S 1937 IS

1 conditional permanent resident status under this 

2 section has engaged in fraud in an application for 

3 relief or has, at any time, committed a crime may 

4 be used or released for immigration enforcement, 

5 law enforcement, or national security purposes. 

6 ‘‘(4) PENALTY.—Any person who knowingly 

7 uses or publishes information, or permits informa8 tion to be examined, in violation of this subsection 

9 shall be fined not more than $10,000. 

10 ‘‘(h) TREATMENT OF CONDITIONAL PERMANENT

11 RESIDENTS FOR CERTAIN PURPOSES.— 

12 ‘‘(1) IN GENERAL.—During the period in which 

13 an alien is in conditional permanent resident status, 

14 the alien shall be considered to be lawfully present 

15 for all purposes. 

16 ‘‘(2) 5-YEAR ELIGIBILITY WAITING PERIOD

17 UNDER PRWORA.—An alien who has met the re18 quirements for adjustment of status from conditional 

19 permanent resident to lawful permanent resident 

20 under this section shall be considered to have com21 pleted the 5-year period described in section 403 of 

22 the Personal Responsibility and Work Opportunity 

23 Reconciliation Act of 1996 (8 U.S.C. 1613) as of the 

24 date on which the adjustment of status is granted. 


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•S 1937 IS

1 ‘‘(i) GAO REPORT.—Not later than 7 years after the 

2 date of enactment of this section, the Comptroller General 

3 of the United States shall submit to the Committee on 

4 the Judiciary of the Senate and the Committee on the Ju5 diciary of the House of Representatives a report that in6 cludes the number of aliens— 

7 ‘‘(1) who were eligible for cancellation of re8 moval or conditional permanent resident status 

9 under subsection (b)(1); 

10 ‘‘(2) who applied for cancellation of removal or 

11 conditional permanent resident status under that 

12 subsection; 

13 ‘‘(3) who were granted conditional permanent 

14 resident status under that subsection; and 

15 ‘‘(4) whose status was adjusted to that of an 

16 alien lawfully admitted for permanent residence 

17 under subsection (d). 

18 ‘‘(j) NATURALIZATION OF ALIEN ENLISTEES.—For 

19 purposes of sections 328 and 329, an alien enlistee shall 

20 be considered to have been lawfully admitted for perma21 nent residence, without regard to the conditional status 

22 of that admission.’’. 

23 (b) MILITARY ENLISTMENT.—Section 504(b)(1) of 

24 title 10, United States Code, is amended by adding at the 

25 end the following: 


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•S 1937 IS

1 ‘‘(D) An alien who is a conditional perma2 nent resident (as defined in section 244A(a) of 

3 the Immigration and Nationality Act).’’. 

4 (c) CONFORMING AMENDMENT.—The table of con5 tents for the Immigration and Nationality Act (8 U.S.C. 

6 1101 note) is amended by inserting after the item relating 

7 to section 244 the following: 

‘‘Sec. 244A. Cancellation of removal of certain long-term residents who entered 

the United States as children.’’. 

8 SEC. 5. GROUNDS OF INADMISSIBILITY AND DEPORT9 ABILITY FOR ALIEN MEMBERS OF CRIMINAL 

10 GANGS OR CARTELS. 

11 (a) DEFINITION OF CRIMINAL GANG OR CARTEL.— 

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

13 U.S.C. 1101(a)) is amended— 

14 (1) by striking the subsection designation and 

15 all that follows through ‘‘this Act—’’ and inserting 

16 the following: 

17 ‘‘(a) IN GENERAL.—In this Act:’’; and 

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

19 ‘‘(53) CRIMINAL GANG OR CARTEL.—The term 

20 ‘criminal gang or cartel’ means an ongoing group, 

21 club, organization, or association comprised of 5 or 

22 more individuals— 


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•S 1937 IS

1 ‘‘(A)(i) that has as a primary purpose the 

2 commission of 1 or more of the criminal of3 fenses described in section 220(b)(2); and 

4 ‘‘(ii) the members of which engage, or have 

5 engaged during the 5 years immediately pre6 ceding the most recent commission of an of7 fense described in section 220(b)(2), in a con8 tinuing series of offenses described in section 

9 220(b)(2); or 

10 ‘‘(B) that has been designated as a crimi11 nal gang or cartel under section 220(b)(1).’’. 

12 (b) INADMISSIBILITY.—Section 212(a)(2) of the Im13 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

14 amended by adding at the end the following: 

15 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

16 GANGS OR CARTELS.—Any alien is inadmissible 

17 who a consular officer, the Secretary of Home18 land Security, or the Attorney General knows or 

19 has reason to believe— 

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

21 criminal gang or cartel; or 

22 ‘‘(ii) has participated in any activity 

23 of a criminal gang or cartel, knowing or 

24 having reason to know that the activity 

25 would promote, further, aid, or support the 


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•S 1937 IS

1 illegal activity of the criminal gang or car2 tel.’’. 

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

5 amended by adding at the end the following: 

6 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

7 GANGS OR CARTELS.—Any alien is deportable 

8 who— 

9 ‘‘(i) is or has been a member of a 

10 criminal gang or cartel; or 

11 ‘‘(ii) has participated in any activity 

12 of a criminal gang or cartel, knowing or 

13 having reason to know that the activity 

14 would promote, further, aid, or support the 

15 illegal activity of the criminal gang or car16 tel.’’. 

17 (d) DESIGNATION OF A CRIMINAL GANG OR CAR18 TEL.— 

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

20 Immigration and Nationality Act (8 U.S.C. 1182 et 

21 seq.) is amended by inserting after section 219 the 

22 following: 

23 ‘‘SEC. 220. DESIGNATION OF A CRIMINAL GANG OR CARTEL. 

24 ‘‘(a) DEFINITIONS.—In this section: 


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•S 1937 IS

1 ‘‘(1) CLASSIFIED INFORMATION.—The term 

2 ‘classified information’ has the meaning given the 

3 term in section 1(a) of the Classified Information 

4 Procedures Act (18 U.S.C. App.). 

5 ‘‘(2) NATIONAL SECURITY.—The term ‘national 

6 security’ means the national defense, foreign rela7 tions, or economic interests of the United States. 

8 ‘‘(3) RELEVANT COMMITTEES.—The term ‘rel9 evant committees’ means— 

10 ‘‘(A) the Committee on the Judiciary of 

11 the Senate; and 

12 ‘‘(B) the Committee on the Judiciary of 

13 the House of Representatives. 

14 ‘‘(4) SECRETARY.—The term ‘Secretary’ means 

15 the Secretary of Homeland Security, in consultation 

16 with the Attorney General. 

17 ‘‘(b) DESIGNATION.— 

18 ‘‘(1) IN GENERAL.—The Secretary may des19 ignate as a criminal gang or cartel a group, club, or20 ganization, or association comprised of 5 or more in21 dividuals if the Secretary makes a determination 

22 that— 

23 ‘‘(A) the group, club, organization, or asso24 ciation has as a primary purpose the commisVerDate Sep 11 2014 04:29 Oct 11, 2017 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S1937.IS S1937

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1 sion of 1 or more criminal offenses described in 

2 paragraph (2); and 

3 ‘‘(B) the members of the group, club, orga4 nization, or association engage, or, during the 5 

5 years immediately preceding the most recent 

6 commission of an offense described in section 

7 220(b)(2), have engaged in a continuing series 

8 of offenses described in paragraph (2). 

9 ‘‘(2) OFFENSES.—The criminal offenses de10 scribed in this paragraph, whether committed in vio11 lation of Federal, State, or foreign law and regard12 less of whether an offense occurred before, on, or 

13 after the date of enactment of this section, are the 

14 following: 

15 ‘‘(A) FELONY DRUG OFFENSE.—A felony 

16 drug offense (as defined in section 102 of the 

17 Controlled Substances Act (21 U.S.C. 802)). 

18 ‘‘(B) BRINGING IN AND HARBORING

19 ALIENS.—An offense described in section 274 

20 (relating to bringing in and harboring certain 

21 aliens). 

22 ‘‘(C) AIDING OR ASSISTING ENTRY.—An 

23 offense described in section 277 (relating to 

24 aiding or assisting certain aliens to enter the 

25 United States). 


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•S 1937 IS

1 ‘‘(D) IMPORTATION FOR AN IMMORAL PUR2 POSE.—An offense described in section 278 (re3 lating to importation of an alien for an immoral 

4 purpose). 

5 ‘‘(E) CRIME OF VIOLENCE.—A crime of vi6 olence (as defined in section 16 of title 18, 

7 United States Code). 

8 ‘‘(F) CRIME INVOLVING OBSTRUCTION, 

9 TAMPERING, RETALIATION, OR BURGLARY.—A 

10 crime involving— 

11 ‘‘(i) obstruction of justice; 

12 ‘‘(ii) tampering with, or retaliating 

13 against, a witness, victim, or informant; or 

14 ‘‘(iii) burglary. 

15 ‘‘(G) OTHER CRIMES.—Any conduct pun16 ishable under— 

17 ‘‘(i) section 1028 or 1029 of title 18, 

18 United States Code (relating to fraud and 

19 related activity in connection with identi20 fication documents or access devices); 

21 ‘‘(ii) sections 1581 through 1594 of 

22 that title (relating to peonage, slavery, and 

23 trafficking in persons); 


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•S 1937 IS

1 ‘‘(iii) section 1951 of that title (relat2 ing to interference with commerce by 

3 threats or violence); 

4 ‘‘(iv) section 1952 of that title (relat5 ing to interstate and foreign travel or 

6 transportation in aid of racketeering enter7 prises); 

8 ‘‘(v) section 1956 of that title (relat9 ing to the laundering of monetary instru10 ments); 

11 ‘‘(vi) section 1957 of that title (relat12 ing to engaging in monetary transactions 

13 in property derived from specified unlawful 

14 activity); or 

15 ‘‘(vii) section 2312, 2313, 2314, or 

16 2315 of that title (relating to interstate 

17 transportation of stolen motor vehicles or 

18 stolen property). 

19 ‘‘(H) CONSPIRACY.—A conspiracy to com20 mit an offense described in subparagraphs (A) 

21 through (G). 

22 ‘‘(3) PROCEDURE.— 

23 ‘‘(A) NOTIFICATION.—Not later than 7 

24 days before the date on which the Secretary 

25 designates a criminal gang or cartel under this 


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•S 1937 IS

1 subsection, the Secretary shall submit to the 

2 Speaker and minority leader of the House of 

3 Representatives, the President pro tempore, 

4 majority leader, and minority leader of the Sen5 ate, and the members of the relevant commit6 tees, by classified communication, a notice of 

7 intent to designate the criminal gang or cartel 

8 that describes the factual basis for the designa9 tion. 

10 ‘‘(B) PUBLICATION IN THE FEDERAL REG11 ISTER.—Not later than 7 days after the date 

12 described in subparagraph (A), the Secretary 

13 shall publish notice of the designation in the 

14 Federal Register. 

15 ‘‘(4) RECORD.— 

16 ‘‘(A) IN GENERAL.—In making a designa17 tion under this subsection, the Secretary shall 

18 develop an administrative record. 

19 ‘‘(B) CLASSIFIED INFORMATION.— 

20 ‘‘(i) IN GENERAL.—In making a des21 ignation under this subsection, the Sec22 retary may consider classified information, 

23 which, except as provided in clause (ii), 

24 shall not be subject to disclosure for any 


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•S 1937 IS

1 period during which the classified informa2 tion remains classified. 

3 ‘‘(ii) DISCLOSURE FOR JUDICIAL RE4 VIEW.—For purposes of judicial review 

5 under subsection (d), classified information 

6 referred to in clause (i) may be disclosed 

7 to a court ex parte and in camera. 

8 ‘‘(5) PERIOD OF DESIGNATION.—A designation 

9 under this subsection shall be effective until the date 

10 on which the designation— 

11 ‘‘(A) is revoked under paragraph (7); or 

12 ‘‘(B) set aside under subsection (d). 

13 ‘‘(6) REVIEW OF DESIGNATION.— 

14 ‘‘(A) PETITION FOR REVIEW.— 

15 ‘‘(i) IN GENERAL.—The Secretary 

16 shall review the designation of a criminal 

17 gang or cartel under the procedures de18 scribed in clauses (iii) and (iv) if the crimi19 nal gang or cartel submits to the Secretary 

20 a petition for review not later than— 

21 ‘‘(I) in the case of a designated 

22 criminal gang or cartel that has not 

23 previously submitted a petition for re24 view under this subparagraph, the 

25 date that is 2 years after the date on 


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•S 1937 IS

1 which the Secretary makes the des2 ignation; and 

3 ‘‘(II) in the case of a designated 

4 criminal gang or cartel that has pre5 viously submitted a petition for review 

6 under this subparagraph, the date 

7 that is 2 years after the date on which 

8 the Secretary made a determination 

9 under clause (iv) on the most recent 

10 petition for review submitted by the 

11 criminal gang or cartel. 

12 ‘‘(ii) EVIDENCE.—Any group, club, 

13 organization, or association designated as 

14 criminal gang or cartel that submits a peti15 tion for review under this subparagraph 

16 shall include in the petition evidence that 

17 the group, club, organization, or associa18 tion does not meet the criteria for designa19 tion as a criminal gang or cartel under 

20 paragraph (1). 

21 ‘‘(iii) DETERMINATION.— 

22 ‘‘(I) IN GENERAL.—Not later 

23 than 180 days after the date on which 

24 the Secretary receives a petition for 

25 review under this subparagraph, the 


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1 Secretary shall make a determination 

2 on the petition. 

3 ‘‘(II) CLASSIFIED INFORMA4 TION.— 

5 ‘‘(aa) IN GENERAL.—In 

6 making a determination on a pe7 tition for review under this sub8 paragraph, the Secretary may 

9 consider classified information, 

10 which, except as provided in item 

11 (bb), shall not be subject to dis12 closure for any period during 

13 which the classified information 

14 remains classified. 

15 ‘‘(bb) DISCLOSURE FOR JU16 DICIAL REVIEW.—For purposes 

17 of judicial review under sub18 section (d), classified information 

19 referred to in item (aa) may be 

20 disclosed to a court ex parte and 

21 in camera. 

22 ‘‘(III) PUBLICATION OF DETER23 MINATION.—Not later than 90 days 

24 after the date on which the Secretary 

25 makes a determination on a petition 


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•S 1937 IS

1 for review under this clause, the Sec2 retary shall publish the determination 

3 in the Federal Register. 

4 ‘‘(IV) PROCEDURES.—A revoca5 tion of a designation by the Secretary 

6 in accordance with a determination 

7 under this subparagraph shall be 

8 made in accordance with paragraph 

9 (7). 

10 ‘‘(B) OTHER REVIEW OF DESIGNATION.— 

11 ‘‘(i) IN GENERAL.—Not later than 5 

12 years after the date on which the Secretary 

13 designates a criminal gang or cartel under 

14 paragraph (1), in the case of a criminal 

15 gang or cartel for which a review has not 

16 been carried out under subparagraph (A), 

17 the Secretary shall initiate a review of the 

18 designation to determine whether to revoke 

19 the designation under paragraph (7). 

20 ‘‘(ii) PROCEDURES.— 

21 ‘‘(I) IN GENERAL.—A review ini22 tiated by the Secretary under clause 

23 (i) shall be carried out in accordance 

24 with such procedures determined by 

25 the Secretary to be appropriate. 


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•S 1937 IS

1 ‘‘(II) JUDICIAL REVIEW.—A re2 view under subclause (I) and the pro3 cedures established under that sub4 clause shall not be subject to judicial 

5 review. 

6 ‘‘(iii) PUBLICATION OF RESULTS OF

7 REVIEW.—Not later than 90 days after the 

8 date on which the Secretary makes a de9 termination based on a review under this 

10 subparagraph, the Secretary shall publish 

11 the determination in the Federal Register. 

12 ‘‘(7) REVOCATION BASED ON CHANGE IN CIR13 CUMSTANCES.— 

14 ‘‘(A) IN GENERAL.—With respect to a des15 ignation under paragraph (1), the Secretary— 

16 ‘‘(i) may revoke the designation at 

17 any time; and 

18 ‘‘(ii) shall revoke the designation if, 

19 on completion of a review carried out 

20 under paragraph (6), the Secretary deter21 mines that— 

22 ‘‘(I) the criminal gang or cartel 

23 does not meet the criteria for designa24 tion as a criminal gang or cartel 

25 under paragraph (1); or 


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•S 1937 IS

1 ‘‘(II) the national security or the 

2 law enforcement interests of the 

3 United States warrants a revocation. 

4 ‘‘(B) NOTIFICATION.—Not later than 7 

5 days before revoking a designation under para6 graph (A), the Secretary shall submit to the 

7 Speaker and minority leader of the House of 

8 Representatives, the President pro tempore, 

9 majority leader, and minority leader of the Sen10 ate, and the members of the relevant commit11 tees, by classified communication, a notice of 

12 intent to revoke the designation describing the 

13 basis for the revocation. 

14 ‘‘(C) PUBLICATION IN THE FEDERAL REG15 ISTER.—Not later than 7 days after the date 

16 described in subparagraph (B), the Secretary 

17 shall publish a notice of revocation in the Fed18 eral Register. 

19 ‘‘(D) RECORD.— 

20 ‘‘(i) IN GENERAL.—In revoking a des21 ignation under this paragraph, the Sec22 retary shall develop an administrative 

23 record. 

24 ‘‘(ii) CLASSIFIED INFORMATION.— 


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1 ‘‘(I) IN GENERAL.—In revoking a 

2 designation under this paragraph, the 

3 Secretary may consider classified in4 formation, which, except as provided 

5 in subclause (II), shall not be subject 

6 to disclosure for any period during 

7 which the classified information re8 mains classified. 

9 ‘‘(II) DISCLOSURE FOR JUDICIAL

10 REVIEW.—For purposes of judicial re11 view under subsection (d), classified 

12 information referred to in subclause 

13 (I) may be disclosed to a court ex 

14 parte and in camera. 

15 ‘‘(E) EFFECTIVE DATE.—A revocation 

16 under this paragraph shall take effect— 

17 ‘‘(i) on the date specified in the notice 

18 of revocation published under subpara19 graph (C); or 

20 ‘‘(ii) if a date is not specified in the 

21 notice of revocation, on the date on which 

22 the notice of revocation is published in the 

23 Federal Register. 

24 ‘‘(8) EFFECT OF REVOCATION.—A revocation 

25 under paragraph (7) shall not affect any action or 


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1 proceeding based on conduct that occurs before the 

2 effective date of the revocation. 

3 ‘‘(9) USE OF DESIGNATION IN REMOVAL PRO4 CEEDINGS.—The Attorney General shall not allow 

5 an alien in removal proceedings to raise, as a de6 fense or an objection, a question relating to the va7 lidity of a designation under paragraph (1). 

8 ‘‘(c) MODIFICATIONS TO A DESIGNATION.— 

9 ‘‘(1) IN GENERAL.—With respect to a designa10 tion under subsection (b)(1), the Secretary may 

11 modify the designation if the Secretary determines 

12 that the criminal gang or cartel has— 

13 ‘‘(A) changed name; 

14 ‘‘(B) adopted a new alias; 

15 ‘‘(C) dissolved and reestablished under 1 

16 or more different names; or 

17 ‘‘(D) merged with another criminal gang 

18 or cartel. 

19 ‘‘(2) PROCEDURE.— 

20 ‘‘(A) NOTIFICATION.—Not later than 7 

21 days before the date on which the Secretary 

22 modifies the designation of a criminal gang or 

23 cartel under this subsection, the Secretary shall 

24 submit to the Speaker and minority leader of 

25 the House of Representatives, the President pro 


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1 tempore, majority leader, and minority leader of 

2 the Senate, and the members of the relevant 

3 committees, by classified communication, a no4 tice of intent to modify the designation describ5 ing the factual basis for the modification. 

6 ‘‘(B) PUBLICATION IN THE FEDERAL REG7 ISTER.—Not later than 7 days after the date 

8 described in subparagraph (A), the Secretary 

9 shall publish notice of the modification in the 

10 Federal Register. 

11 ‘‘(C) CLASSIFIED INFORMATION.— 

12 ‘‘(i) IN GENERAL.—In modifying a 

13 designation under this subsection, the Sec14 retary may consider classified information, 

15 which, except as provided in clause (ii), 

16 shall not be subject to disclosure for any 

17 period during which the classified informa18 tion remains classified. 

19 ‘‘(ii) DISCLOSURE FOR JUDICIAL RE20 VIEW.—For purposes of judicial review 

21 under subsection (d), classified information 

22 referred to in clause (i) may be disclosed 

23 to a court ex parte and in camera. 

24 ‘‘(D) EFFECTIVE DATE.—Any modification 

25 under this subsection shall take effect on the 


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1 date of publication of the modification under 

2 subparagraph (B). 

3 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis4 trative record developed under subsection (b)(4) 

5 shall be supplemented to include— 

6 ‘‘(A) any modification under this sub7 section; and 

8 ‘‘(B) any relevant information that sup9 ports the modification. 

10 ‘‘(d) JUDICIAL REVIEW OF DESIGNATION.— 

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

12 after the date on which a designation under sub13 section (b)(1), a determination under subsection 

14 (b)(6)(A), or a modification under subsection (c) is 

15 published in the Federal Register, a criminal gang 

16 or cartel may seek judicial review of the designation, 

17 determination, or modification, as applicable, in the 

18 United States Court of Appeals for the District of 

19 Columbia Circuit (referred to in this subsection as 

20 the ‘court’). 

21 ‘‘(2) BASIS OF REVIEW.— 

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

23 subparagraph (B), judicial review under this 

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1 trative record developed under subsection 

2 (b)(4). 

3 ‘‘(B) EXCEPTION.—The Government may 

4 submit, for ex parte and in camera review, clas5 sified information used as a basis for— 

6 ‘‘(i) a designation under subsection 

7 (b)(1); 

8 ‘‘(ii) a determination under subsection 

9 (b)(6)(A); or 

10 ‘‘(iii) a modification under subsection 

11 (c). 

12 ‘‘(3) SCOPE OF REVIEW.—The court shall hold 

13 unlawful, and set aside, any designation under sub14 section (b)(1), determination under subsection 

15 (b)(6)(A), or modification under subsection (c) that 

16 is, as determined by the court— 

17 ‘‘(A) arbitrary, capricious, an abuse of dis18 cretion, or otherwise not in accordance with the 

19 law; 

20 ‘‘(B) contrary to constitutional right, 

21 power, privilege, or immunity; 

22 ‘‘(C) in excess of statutory jurisdiction, au23 thority, or limitation; 

24 ‘‘(D) short of statutory right; 

25 ‘‘(E) lacking substantial support— 


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1 ‘‘(i) in the administrative record, 

2 taken into consideration as a whole; or 

3 ‘‘(ii) in classified information sub4 mitted to the court under paragraph 

5 (2)(B); or 

6 ‘‘(F) not in accordance with a procedure 

7 required by law. 

8 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend9 ency of an action for judicial review under this sub10 section shall not affect the application of this section 

11 to a criminal gang or cartel unless the court issues 

12 a final order setting aside the designation, deter13 mination, or modification.’’. 

14 (2) CONFORMING AMENDMENT.—The table of 

15 contents for the Immigration and Nationality Act (8 

16 U.S.C. 1101 note) is amended by inserting after the 

17 item relating to section 219 the following: 

‘‘Sec. 220. Designation of a criminal gang or cartel.’’. 

18 (e) MANDATORY DETENTION OF ALIEN MEMBERS

19 OF CRIMINAL GANGS OR CARTELS.— 

20 (1) IN GENERAL.—Section 236(c)(1) of the Im21 migration and Nationality Act (8 U.S.C. 1226(c)(1)) 

22 is amended— 

23 (A) in subparagraph (A), by striking the 

24 comma at the end and inserting a semicolon; 


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1 (B) in subparagraph (B), by striking the 

2 comma at the end and inserting a semicolon; 

3 (C) in subparagraph (C), by striking ‘‘, or’’ 

4 and inserting a semicolon; 

5 (D) in subparagraph (D), by striking the 

6 comma at the end and inserting ‘‘; or’’; and 

7 (E) by inserting after subparagraph (D) 

8 the following: 

9 ‘‘(E) is inadmissible under section 

10 212(a)(2)(J) or deportable under section 

11 237(a)(2)(G),’’. 

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

13 of each year (beginning 1 year after the date of en14 actment of this Act), the Secretary, after consulta15 tion with the appropriate Federal agencies, shall 

16 submit a report to the Committee on the Judiciary 

17 of the Senate and the Committee on the Judiciary 

18 of the House of Representatives that includes the 

19 number of aliens detained under subparagraph (E) 

20 of section 236(c)(1) of the Immigration and Nation21 ality Act (8 U.S.C. 1226(c)(1)) during the preceding 

22 calendar year. 

23 (f) RELIEF BASED ON GANG AFFILIATION.— 

24 (1) INAPPLICABILITY OF RESTRICTION ON RE25 MOVAL TO CERTAIN COUNTRIES.—Section 


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1 241(b)(3)(B) of the Immigration and Nationality 

2 Act (8 U.S.C. 1231(b)(3)(B)) is amended— 

3 (A) by redesignating clauses (i) through 

4 (iv) as items (aa) through (dd), respectively, 

5 and indenting the items appropriately; 

6 (B) in the matter preceding item (aa) (as 

7 so redesignated), by striking ‘‘apply to an alien 

8 deportable under section 237(a)(4)(D) or if the 

9 Attorney General decides that—’’ and inserting 

10 the following: ‘‘apply— 

11 ‘‘(i) to an alien— 

12 ‘‘(I) described in section 

13 212(a)(2)(J)(i); 

14 ‘‘(II) described in section 

15 237(a)(2)(G)(i); or 

16 ‘‘(III) who is deportable under 

17 section 237(a)(4)(D); or 

18 ‘‘(ii) if the Attorney General deter19 mines that—’’; and 

20 (C) in the undesignated matter following 

21 item (dd) (as so redesignated)— 

22 (i) in the first sentence, by striking 

23 ‘‘clause (ii)’’ and inserting ‘‘item (bb)’’; 

24 and 


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1 (ii) in the third sentence, by striking 

2 ‘‘clause (iv)’’ and inserting ‘‘item (dd)’’. 

3 (2) INELIGIBILITY FOR ASYLUM.—Section 

4 208(b)(2)(A) of the Immigration and Nationality 

5 Act (8 U.S.C. 1158(b)(2)(A)) is amended— 

6 (A) in clause (v), by striking ‘‘; or’’ and in7 serting a semicolon; 

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

9 (vii); and 

10 (C) by inserting after clause (v) the fol11 lowing: 

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

13 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 

14 or’’. 

15 (g) TEMPORARY PROTECTED STATUS.— 

16 (1) IN GENERAL.—Section 244 of the Immigra17 tion and Nationality Act (8 U.S.C. 1254a) is amend18 ed— 

19 (A) by striking ‘‘Attorney General’’ each 

20 place it appears and inserting ‘‘Secretary of 

21 Homeland Security’’; 

22 (B) in subsection (c)(2)(B)— 

23 (i) in clause (i), by striking ‘‘, or’’ and 

24 inserting a semicolon; 


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1 (ii) in clause (ii), by striking the pe2 riod at the end and inserting ‘‘; or’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(iii) the alien is described in section 

6 212(a)(2)(J) or section 237(a)(2)(G).’’; 

7 and 

8 (C) in subsection (d)— 

9 (i) in paragraph (2)— 

10 (I) in the first sentence, by strik11 ing ‘‘Subject to paragraph (3), such 

12 documentation’’ and inserting ‘‘The 

13 documentation referred to in para14 graph (1)’’; and 

15 (II) in the second sentence, by 

16 striking ‘‘(under paragraph (3))’’; 

17 (ii) by striking paragraph (3); 

18 (iii) by redesignating paragraph (4) as 

19 paragraph (3); and 

20 (iv) in paragraph (3) (as so redesig21 nated), by striking ‘‘An alien provided’’ 

22 and inserting the following: 

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

24 subparagraph (B), the Secretary of Homeland 

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1 porary protected status under this section, as 

2 determined by the Secretary to be appropriate 

3 under the law. 

4 ‘‘(B) EXCEPTION.—An alien provided’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 244(b)(3)(B) of the Immigration and Nationality 

7 Act (8 U.S.C. 1254a(b)(3)(B)) is amended in the 

8 second sentence by striking ‘‘is effective in accord9 ance with subsection (d)(3), but’’. 

10 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

11 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

12 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

13 (1) in subclause (I), by striking ‘‘; and’’ and in14 serting a semicolon; 

15 (2) in subclause (II), by striking the semicolon 

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

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

18 ‘‘(III) no alien described in sec19 tion 212(a)(2)(J) or section 

20 237(a)(2)(G) shall be eligible for any 

21 immigration benefit under this sub22 paragraph;’’. 

23 (i) PAROLE.—Section 212(d)(5) of the Immigration 

24 and Nationality Act (8 U.S.C. 1182(d)(5)) is amended— 


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

2 it appears and inserting ‘‘Secretary of Homeland Se3 curity’’; 

4 (2) by striking the paragraph designation and 

5 all that follows through ‘‘in his discretion’’ in sub6 paragraph (A) and inserting the following: 

7 ‘‘(5) PAROLE.— 

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

9 subparagraphs (B) and (C) and in section 

10 214(f), the Secretary of Homeland Security 

11 may’’; and 

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

13 ‘‘(C) ALIENS ASSOCIATED WITH CRIMINAL

14 GANGS OR CARTELS.— 

15 ‘‘(i) IN GENERAL.—Except as pro16 vided in clause (ii), the Secretary of Home17 land Security shall not parole into the 

18 United States an alien described in section 

19 212(a)(2)(J). 

20 ‘‘(ii) EXCEPTION.—The Secretary of 

21 Homeland Security may parole into the 

22 United States an alien described in section 

23 212(a)(2)(J) if— 

24 ‘‘(I) the alien is assisting or has 

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1 forcement matter, including a criminal 

2 investigation; and 

3 ‘‘(II) the presence of the alien in 

4 the United States is required by the 

5 Government for purposes of such as6 sistance.’’. 

7 (j) APPLICABILITY.—The amendments made by this 

8 section shall apply to conduct that occurs before, on, or 

9 after the date of enactment of this Act. 

10 SEC. 6. BORDER ACCESS ROADS. 

11 (a) CONSTRUCTION.— 

12 (1) IN GENERAL.—The Secretary shall com13 mence and complete the construction of roads along 

14 the southern border to facilitate safe and swift ac15 cess for U.S. Customs and Border Protection per16 sonnel to access the border for purposes of patrol 

17 and apprehension. 

18 (2) TYPES OF ROADS.—The roads constructed 

19 under paragraph (1) shall include— 

20 (A) access roads; 

21 (B) border roads; 

22 (C) patrol roads; and 

23 (D) Federal, State, local, and privately 

24 owned roads. 


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1 (b) MAINTENANCE.—The Secretary, in partnership 

2 with local stakeholders, shall maintain roads used for pur3 poses of patrol and apprehension. 

4 (c) POLICY GUIDANCE.—The Secretary shall— 

5 (1) develop policies and guidance for docu6 menting agreements with landowners relating to the 

7 construction of roads under subsection (a), as the 

8 Secretary determines to be necessary; 

9 (2) share the policies and guidance developed 

10 under paragraph (1) with each Border Patrol Sector 

11 of U.S. Customs and Border Protection; 

12 (3) document and communicate the process and 

13 criteria for prioritizing funding for operational roads 

14 not owned by the Federal Government; and 

15 (4) assess the feasibility of options for address16 ing the maintenance of non-Federal public roads, in17 cluding any data needs relating to such mainte18 nance. 

Æ 


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