II 

Calendar No. 276 

115TH CONGRESS 

1ST SESSION S. 2199 

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 

DECEMBER 6, 2017 

Mr. FLAKE introduced the following bill; which was read the first time 

DECEMBER 7, 2017 

Read the second time and placed on the calendar 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Deferred Action Recipient Relief Act’’. 

4 SEC. 2. DEFINITION OF SECRETARY. 

5 In this Act, the term ‘‘Secretary’’ means the Sec6 retary of Homeland Security. 

7 SEC. 3. BORDER INFRASTRUCTURE CONSTRUCTION. 

8 (a) BORDER SECURITY TRUST FUND.— 

9 (1) ESTABLISHMENT.—There is established in 

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

11 be known as the ‘‘Border Security Trust Fund’’ (re12 ferred to in this section as the ‘‘Trust Fund’’), con13 sisting of the amounts transferred from the general 

14 fund of the Treasury under paragraph (2). 

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

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

17 September 30, 2020, the Secretary of the Treasury 

18 shall deposit in the Trust Fund, from the general 

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

20 available until expended. 

21 (3) REPAYMENT OF COSTS.— 

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

23 Treasury shall use any Federal tax liability col24 lected by the Secretary of the Treasury under 

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1 tionality Act to recover the amount described in 

2 paragraph (2). 

3 (B) SURCHARGE AUTHORIZED.—The Sec4 retary may impose on any conditional perma5 nent resident (as defined in section 244A(a) of 

6 the Immigration and Nationality Act) a sur7 charge in an amount determined by the Sec8 retary to be the minimum proportional amount 

9 necessary to recover the amount equal to the 

10 difference between— 

11 (i) the amount described in paragraph 

12 (2); and 

13 (ii) the amount collected under sub14 paragraph (A). 

15 (b) BORDER SECURITY EXPENDITURES.—Amounts 

16 in the Trust Fund shall be available without further ap17 propriation for procurement, construction, and improve18 ments as follows: 

19 (1) $784,000,000 for 32 miles of new border 

20 bollard fencing in the Rio Grande Valley in the State 

21 of Texas. 

22 (2) $498,000,000 for 28 miles of new bollard 

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

24 Texas. 


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1 (3) $251,000,000 for 14 miles of secondary 

2 fencing in San Diego, California. 

3 (4) $38,239,000 for planning activities relating 

4 to border wall construction. 

5 SEC. 4. CANCELLATION OF REMOVAL OF CERTAIN LONG6 TERM RESIDENTS WHO ENTERED THE 

7 UNITED STATES AS CHILDREN. 

8 (a) IN GENERAL.—Chapter 4 of title II of the Immi9 gration and Nationality Act (8 U.S.C. 1221 et seq.) is 

10 amended by adding at the end the following: 

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

12 LONG-TERM RESIDENTS WHO ENTERED THE 

13 UNITED STATES AS CHILDREN. 

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

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

16 the meaning given the term in section 101 of title 

17 10, United States Code. 

18 ‘‘(2) ACTIVE SERVICE.—The term ‘active serv19 ice’ has the meaning given the term in section 101 

20 of title 10, United States Code. 

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

22 has the meaning given the term in section 101 of 

23 title 10, United States Code. 

24 ‘‘(4) ALIEN ENLISTEE.—The term ‘alien en25 listee’ means a conditional permanent resident who 


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1 seeks to maintain or extend conditional permanent 

2 resident status by means of satisfaction of the re3 quirements of this section relating to enlistment and 

4 service in the Armed Forces. 

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

6 term ‘alien postsecondary student’ means a condi7 tional permanent resident who seeks to maintain or 

8 extend such conditional permanent resident status 

9 by means of satisfaction of the requirements of this 

10 section relating to enrollment in, and graduation 

11 from, an institution of higher education. 

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

13 Forces’ has the meaning given the term ‘armed 

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

15 Code. 

16 ‘‘(7) CONDITIONAL PERMANENT RESIDENT.— 

17 The term ‘conditional permanent resident’ means an 

18 alien who is granted conditional permanent resident 

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

20 ‘‘(8) CONVICTION.— 

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

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

23 ‘conviction’. 

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

25 does not include— 


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1 ‘‘(i) an adjudication or judgment of 

2 guilt that has been dismissed, expunged, 

3 deferred, annulled, invalidated, withheld, or 

4 vacated; 

5 ‘‘(ii) an order of probation without 

6 entry of judgment; or 

7 ‘‘(iii) any similar disposition. 

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

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

10 of higher education’ has the meaning given the 

11 term in section 102 of the Higher Education 

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

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

14 of higher education’ does not include an institu15 tion of higher education outside the United 

16 States. 

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

18 means the Secretary of Homeland Security. 

19 ‘‘(b) CANCELLATION OF REMOVAL OF CERTAIN

20 LONG-TERM RESIDENTS WHO ENTERED THE UNITED

21 STATES AS CHILDREN.— 

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

23 RESIDENTS WHO ENTERED THE UNITED STATES AS

24 CHILDREN.— 


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

2 other provision of law and except as otherwise 

3 provided in this section, the Secretary may can4 cel the removal of, and grant conditional per5 manent resident status to, an alien who— 

6 ‘‘(i) meets the qualifications described 

7 in subparagraph (B); and 

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

9 212(a) or deportable under section 237(a); 

10 or 

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

12 lawfully present in the United States pur13 suant to the status described in section 

14 101(a)(15)(E)(ii). 

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

16 cancellation of removal or conditional perma17 nent resident status under subparagraph (A), 

18 an alien shall submit an application and sup19 porting documentation that demonstrates by 

20 the preponderance of the evidence that— 

21 ‘‘(i) the alien has been physically 

22 present in the United States for a contin23 uous period since January 1, 2012; 


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

2 initially entered the United States, the 

3 alien was under 16 years of age; 

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

5 years of age or older on the date on which 

6 the alien submits an application under this 

7 subsection, the alien has— 

8 ‘‘(I) earned— 

9 ‘‘(aa) a high school diploma; 

10 or 

11 ‘‘(bb) a commensurate alter12 native award from a public or 

13 private high school or secondary 

14 school; 

15 ‘‘(II) obtained— 

16 ‘‘(aa) a general education 

17 development certificate recog18 nized under State law; or 

19 ‘‘(bb) a high school equiva20 lency diploma in the United 

21 States; 

22 ‘‘(III) been admitted to an insti23 tution of higher education; or 

24 ‘‘(IV) valid employment author25 ization; 


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

2 good moral character since the date on 

3 which the alien initially entered the United 

4 States; 

5 ‘‘(v) subject to subparagraph (C)— 

6 ‘‘(I) the alien is not inadmissible 

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

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

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

10 ‘‘(II) the alien is not deportable 

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

12 (4), (5), or (6) of section 237(a); 

13 ‘‘(III) the alien has not ordered, 

14 incited, assisted, or otherwise partici15 pated in the persecution of any person 

16 on account of race, religion, nation17 ality, membership in a particular so18 cial group, or political opinion; and 

19 ‘‘(IV) other than an offense 

20 under State or local law for which an 

21 essential element is the immigration 

22 status of the alien, a minor traffic of23 fense, or a violation of this section, 

24 the alien has not been convicted of— 


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1 ‘‘(aa) any offense under 

2 Federal or State law punishable 

3 by a maximum term of imprison4 ment of more than 1 year; or 

5 ‘‘(bb) any combination of of6 fenses under Federal or State 

7 law, for which the alien was sen8 tenced to imprisonment for a 

9 total of more than 1 year; and 

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

11 to a final administrative or judicial order 

12 of exclusion, deportation, or removal, ex13 cept if the alien— 

14 ‘‘(I) has remained in the United 

15 States under color of law after the 

16 date on which the order was issued; or 

17 ‘‘(II) received the order before 

18 the date on which the alien attained 

19 the age of 18 years. 

20 ‘‘(C) WAIVER.—With respect to any ben21 efit under this section, for humanitarian pur22 poses, family unity, or for any other purpose for 

23 which a waiver would otherwise be in the public 

24 interest, the Secretary may waive— 

25 ‘‘(i) subparagraph (B)(v)(IV); 


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1 ‘‘(ii) the grounds of inadmissibility 

2 under paragraphs (1), (4), and (6) of sec3 tion 212(a); and 

4 ‘‘(iii) the grounds of deportability 

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

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

7 provide, by regulation, a procedure that allows 

8 eligible individuals to apply affirmatively for 

9 conditional permanent resident status under 

10 this paragraph without being placed in removal 

11 proceedings. 

12 ‘‘(E) SUBMISSION OF BIOMETRIC AND BIO13 GRAPHICAL DATA.— 

14 ‘‘(i) IN GENERAL.—The Secretary 

15 may not cancel the removal of an alien or 

16 grant conditional permanent resident sta17 tus to an alien under this paragraph unless 

18 the alien submits to the Secretary biomet19 ric and biographical data, in accordance 

20 with procedures established by the Sec21 retary. 

22 ‘‘(ii) ALTERNATIVE PROCEDURE.— 

23 The Secretary shall provide an alternative 

24 procedure for the submission of biometric 

25 and biographical data for any applicant for 


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1 conditional permanent resident status who 

2 is unable to provide biometric or biographi3 cal data due to a physical impairment. 

4 ‘‘(F) BACKGROUND CHECKS.— 

5 ‘‘(i) REQUIREMENT FOR BACKGROUND

6 CHECKS.—The Secretary shall use biomet7 ric, biographical, and other data deter8 mined by the Secretary to be appro9 priate— 

10 ‘‘(I) to conduct security and law 

11 enforcement background checks of 

12 any alien seeking cancellation of re13 moval or conditional permanent resi14 dent status under this paragraph; and 

15 ‘‘(II) to determine whether there 

16 is any criminal, national security, or 

17 other factor that would render the 

18 alien ineligible for cancellation of re19 moval or conditional permanent resi20 dent status. 

21 ‘‘(ii) COMPLETION OF BACKGROUND

22 CHECKS.—The security and law enforce23 ment background checks under clause (i) 

24 shall be completed, to the satisfaction of 

25 the Secretary, before the date on which the 


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1 Secretary cancels the removal of, or grants 

2 conditional resident status to, the alien 

3 under this paragraph. 

4 ‘‘(G) MEDICAL EXAMINATION RE5 QUIRED.— 

6 ‘‘(i) IN GENERAL.—An alien who ap7 plies for cancellation of removal or condi8 tional permanent resident status under this 

9 paragraph shall undergo a medical obser10 vation and examination in accordance with 

11 the policies and procedures prescribed 

12 under clause (ii). 

13 ‘‘(ii) PROCEDURES.—The Secretary, 

14 with the concurrence of the Secretary of 

15 Health and Human Services, shall pre16 scribe policies and procedures for the na17 ture and timing of medical observations 

18 and examinations for aliens applying for 

19 cancellation of removal or conditional per20 manent resident status under this para21 graph. 

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

23 alien subject to registration under the Military 

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

25 seq.) who applies for cancellation of removal or 


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1 conditional permanent resident status under 

2 this paragraph shall provide to the Secretary 

3 evidence that the alien has registered that Act. 

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

5 For purposes of this subsection, any period of con6 tinuous residence or continuous physical presence in 

7 the United States of an alien who applies for can8 cellation of removal or conditional permanent resi9 dent status under paragraph (1) shall not terminate 

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

11 appear under section 239(a). 

12 ‘‘(3) TREATMENT OF CERTAIN BREAKS IN

13 PRESENCE.— 

14 ‘‘(A) IN GENERAL.—For purposes of para15 graph (1)(B)(i), an alien shall be considered to 

16 have failed to maintain continuous physical 

17 presence in the United States if the alien has 

18 remained outside the United States— 

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

20 days; or 

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

22 which is more than 180 days. 

23 ‘‘(B) EXTENSION FOR EXCEPTIONAL CIR24 CUMSTANCES.—The Secretary may extend a 

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1 paragraph (A) by not more than 90 days if an 

2 alien demonstrates that the failure of the alien 

3 to timely return to the United States was due 

4 to exceptional circumstances, which shall be no 

5 less compelling than— 

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

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

8 parent, grandparent, sibling, or child of 

9 the alien. 

10 ‘‘(4) REGULATIONS.— 

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

12 than 180 days after the date of enactment of 

13 this section, the Secretary shall publish in the 

14 Federal Register interim regulations to imple15 ment this subsection. 

16 ‘‘(B) INTERIM REGULATIONS.—Notwith17 standing section 553 of title 5, United States 

18 Code, the interim regulations published under 

19 subparagraph (A)— 

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

21 basis, immediately on the date on which 

22 the regulations are published; but 

23 ‘‘(ii) may be subject to change and re24 vision after public notice and a period of 

25 public comment. 


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1 ‘‘(C) FINAL REGULATIONS.—Within a rea2 sonable period after the publication of the in3 terim regulations under subparagraph (A), the 

4 Secretary shall publish final regulations to im5 plement this subsection. 

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

7 not remove any alien who— 

8 ‘‘(A) has a pending application for condi9 tional permanent resident status under this 

10 subsection; or 

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

12 for cancellation of removal or conditional per13 manent resident status under paragraph (1); 

14 and 

15 ‘‘(ii) is provided a reasonable opportunity 

16 to submit an application under that paragraph. 

17 ‘‘(c) CONDITIONAL PERMANENT RESIDENT STA18 TUS.— 

19 ‘‘(1) LENGTH OF STATUS.—Conditional perma20 nent resident status granted under subsection (b)(1) 

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

22 to termination under paragraph (4). 

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

24 permanent resident— 


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

2 who is unlawfully present in the United States 

3 for purposes of the immigration laws, including 

4 section 505 of the Illegal Immigration Reform 

5 and Immigrant Responsibility Act of 1996 (8 

6 U.S.C. 1623); 

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

8 lawfully admitted for permanent residence in 

9 the United States on a conditional basis; 

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

11 to permanently reside in the United States; 

12 ‘‘(D) shall not be required to have a for13 eign residence that the alien has no intention of 

14 abandoning; and 

15 ‘‘(E) shall be considered to have been in16 spected and admitted for the purposes of sec17 tion 245(a). 

18 ‘‘(3) TERMS OF CONDITIONAL PERMANENT

19 RESIDENT STATUS.— 

20 ‘‘(A) EMPLOYMENT.—A conditional perma21 nent resident shall be authorized— 

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

23 States incident to conditional permanent 

24 resident status; and 


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

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

3 United States Code. 

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

5 resident may— 

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

7 and 

8 ‘‘(ii) if otherwise admissible, be admit9 ted on return to the United States without 

10 obtaining a visa if— 

11 ‘‘(I) the conditional permanent 

12 resident is the bearer of valid, unex13 pired documentary evidence of condi14 tional permanent resident status; and 

15 ‘‘(II)(aa) the absence of the con16 ditional permanent resident from the 

17 United States was for a period of not 

18 more than 180 days; or 

19 ‘‘(bb) the conditional permanent 

20 resident was outside the United States 

21 due to active service in the Armed 

22 Forces. 

23 ‘‘(4) TERMINATION OF STATUS.— 

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

25 terminate the conditional permanent resident 


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1 status of an alien if the Secretary determines 

2 that— 

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

4 older; and 

5 ‘‘(ii)(I) in the case of— 

6 ‘‘(aa) an alien postsecondary stu7 dent, the alien has failed— 

8 ‘‘(AA) to enroll in an ac9 credited institution of higher edu10 cation within 1 year after the 

11 date on which the alien was 

12 granted conditional permanent 

13 resident status; or 

14 ‘‘(BB) to remain enrolled in 

15 an accredited institution of high16 er education as of the date that 

17 is 1 year after the date on which 

18 the alien was granted conditional 

19 permanent resident status; 

20 ‘‘(bb) an alien described in sub21 section (b)(1)(B)(iii), during the 5- 

22 year period beginning on the date on 

23 which the alien was granted condi24 tional permanent resident status, the 

25 alien has not been employed for a 


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1 total period of not less than 4 years; 

2 or 

3 ‘‘(cc) an alien enlistee, the 

4 alien— 

5 ‘‘(AA) failed to enlist, and 

6 be accepted for enlistment, in the 

7 Armed Forces within 270 days 

8 after the date on which the alien 

9 was granted conditional perma10 nent resident status; or 

11 ‘‘(BB) has received a dis12 honorable or other than honor13 able discharge from the Armed 

14 Forces; 

15 ‘‘(II) the alien ceases to meet the re16 quirements of clause (iv) or (v) of sub17 section (b)(1)(B); or 

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

19 charge. 

20 ‘‘(B) RETURN TO PREVIOUS IMMIGRATION

21 STATUS.—An alien whose conditional perma22 nent resident status is terminated under sub23 paragraph (A) shall return to the immigration 

24 status of the alien on the day before the date 


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1 on which the alien was granted conditional per2 manent resident status. 

3 ‘‘(5) EXTENSION OF STATUS.— 

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

5 alien granted conditional permanent resident 

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

7 shall extend the period of conditional perma8 nent resident status of the alien for an addi9 tional period of 5 years if the alien meets each 

10 of the applicable requirements described in sub11 paragraph (B). 

12 ‘‘(B) REQUIREMENTS.— 

13 ‘‘(i) GOOD MORAL CHARACTER.—The 

14 alien has demonstrated good moral char15 acter for the entire period during which 

16 the alien has been a conditional permanent 

17 resident. 

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

19 the qualification described in subsection 

20 (b)(1)(B)(v). 

21 ‘‘(iii) NO ABANDONMENT OF RESI22 DENCE.— 

23 ‘‘(I) IN GENERAL.—The alien has 

24 not abandoned the residence of the 

25 alien in the United States. 


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1 ‘‘(II) PRESUMPTION.— 

2 ‘‘(aa) IN GENERAL.—For 

3 purposes of this clause, except as 

4 provided in item (bb), the Sec5 retary shall presume that an 

6 alien has abandoned the resi7 dence of the alien in the United 

8 States if, during the period of 

9 conditional permanent resident 

10 status of the alien, the alien is 

11 absent from the United States 

12 for more than 365 days in the 

13 aggregate. 

14 ‘‘(bb) EXCEPTION.—Not15 withstanding an absence from the 

16 United States of more than 365 

17 days in the aggregate during the 

18 period of conditional permanent 

19 resident status of an alien, the 

20 presumption described in item 

21 (aa) shall not apply if the alien 

22 demonstrates, to the satisfaction 

23 of the Secretary, that the alien 

24 has not abandoned the residence 

25 of the alien in the United States. 


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

2 alien postsecondary student, the alien— 

3 ‘‘(I) is 18 years of age or older; 

4 and 

5 ‘‘(II) has graduated from an ac6 credited institution of higher edu7 cation. 

8 ‘‘(v) EMPLOYMENT.—In the case of 

9 an alien described in subsection 

10 (b)(1)(B)(iii), during the 5-year period be11 ginning on the date on which the alien was 

12 granted conditional permanent resident 

13 status, the alien has been employed for a 

14 total period of not less than 4 years. 

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

16 alien enlistee— 

17 ‘‘(I) the alien has served as a 

18 member of a regular or reserve com19 ponent of the Armed Forces in an ac20 tive duty status for not less than 3 

21 years; and 

22 ‘‘(II) if the alien has been dis23 charged, the alien received an honor24 able discharge. 


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1 ‘‘(d) REMOVAL OF CONDITIONAL BASIS FOR PERMA2 NENT RESIDENCE.— 

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

4 ‘‘(A) IN GENERAL.—A conditional perma5 nent resident may submit to the Secretary, in 

6 accordance with paragraph (3), an applica7 tion— 

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

9 permanent residency; and 

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

11 adjusted to that of an alien lawfully admit12 ted for permanent residence. 

13 ‘‘(B) CONTENTS.—With respect to any ap14 plication submitted under subparagraph (A), an 

15 alien shall include, under penalty of perjury, the 

16 facts and information necessary for the Sec17 retary to make the determination described in 

18 paragraph (2)(A). 

19 ‘‘(2) ADJUDICATION OF APPLICATION FOR AD20 JUSTMENT OF STATUS.— 

21 ‘‘(A) IN GENERAL.—With respect to an ap22 plication submitted under paragraph (1) for an 

23 alien, the Secretary shall make a determination 

24 as to whether the alien meets the requirements 

25 described in paragraph (4). 


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1 ‘‘(B) ADJUSTMENT OF STATUS IF FAVOR2 ABLE DETERMINATION.—Notwithstanding any 

3 other provision of law, including paragraphs 

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

5 Secretary determines that an alien meets the 

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

7 the Secretary shall— 

8 ‘‘(i) approve the application; 

9 ‘‘(ii) notify the alien of the determina10 tion; and 

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

12 the status of an alien lawfully admitted for 

13 permanent residence, which shall be effec14 tive as of the date of approval of the appli15 cation. 

16 ‘‘(C) TERMINATION IF ADVERSE DETER17 MINATION.—If the Secretary determines that 

18 the alien does not meet the requirements de19 scribed in paragraph (4)(B), the Secretary 

20 shall— 

21 ‘‘(i) deny the application; 

22 ‘‘(ii) notify the alien of the determina23 tion; and 


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1 ‘‘(iii) terminate the conditional perma2 nent resident status of the alien as of the 

3 date of the determination. 

4 ‘‘(3) TIME TO FILE APPLICATION.— 

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

6 an application for adjustment of status during 

7 the period beginning on the date on which the 

8 alien obtains an extension of status under sub9 section (c)(5) and ending on— 

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

11 date on which the Secretary initially grant12 ed conditional permanent resident status to 

13 the alien; or 

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

15 permanent resident status of the alien, as 

16 extended by the Secretary under subsection 

17 (c)(5), expires. 

18 ‘‘(B) STATUS DURING PENDENCY.—Dur19 ing any period in which the application of an 

20 alien for adjustment of status under this sub21 section is pending, an alien shall be considered 

22 to be in conditional permanent resident status. 

23 ‘‘(4) CONTENTS OF APPLICATION.— 

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1 graph (1) shall contain information necessary 

2 for the Secretary to determine whether the alien 

3 meets each of the requirements described in 

4 subparagraph (B). 

5 ‘‘(B) REQUIREMENTS.— 

6 ‘‘(i) GOOD MORAL CHARACTER.—The 

7 alien has demonstrated good moral char8 acter for the entire period during which 

9 the alien has been a conditional permanent 

10 resident; 

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

12 the requirements of subsection 

13 (b)(1)(B)(v); 

14 ‘‘(iii) NO ABANDONMENT OF RESI15 DENCE.— 

16 ‘‘(I) IN GENERAL.—The alien has 

17 not abandoned the residence of the 

18 alien in the United States. 

19 ‘‘(II) PRESUMPTION.— 

20 ‘‘(aa) IN GENERAL.—For 

21 purposes of this subparagraph, 

22 except as provided in item (bb), 

23 the Secretary shall presume that 

24 an alien has abandoned the resi25 dence of the alien in the United 


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1 States if, during the period of 

2 conditional permanent resident 

3 status, the alien is absent from 

4 the United States for more than 

5 730 days in the aggregate. 

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

8 United States of more than 730 

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 ‘‘(III) ACTIVE SERVICE.—Any 

19 period during which an alien is absent 

20 from the United States due to active 

21 service in the Armed Forces shall not 

22 be counted toward the 730 days re23 ferred to in subclause (II)(aa). 

24 ‘‘(5) CITIZENSHIP REQUIREMENT.— 


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

2 subparagraph (B), a conditional permanent 

3 resident shall not have the conditional basis for 

4 permanent residency removed or be adjusted to 

5 permanent resident status unless the alien dem6 onstrates that the alien meets the requirements 

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

8 312(a). 

9 ‘‘(B) EXCEPTION.—Subparagraph (A) 

10 shall not apply to an alien who is unable to 

11 meet the requirements referred to in that sub12 paragraph due to— 

13 ‘‘(i) a physical or developmental dis14 ability; or 

15 ‘‘(ii) a mental impairment. 

16 ‘‘(6) PAYMENT OF FEDERAL TAXES.— 

17 ‘‘(A) DEFINITION OF APPLICABLE FED18 ERAL TAX LIABILITY.—In this paragraph, the 

19 term ‘applicable Federal tax liability’ means li20 ability for Federal taxes imposed under the In21 ternal Revenue Code of 1986, including any 

22 penalties and interest on taxes imposed under 

23 the Internal Revenue Code of 1986. 

24 ‘‘(B) PAYMENT REQUIRED.—Not later 

25 than the date on which an alien submits an apVerDate Sep 11 2014 00:47 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2199.PCS S2199

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1 plication for adjustment of status under para2 graph (1), the alien shall satisfy any applicable 

3 Federal tax liability due and owing as of that 

4 date of submission. 

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

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

8 not adjust the status of an alien under this sub9 section unless the alien submits to the Sec10 retary biometric and biographical data in ac11 cordance with procedures established by the 

12 Secretary. 

13 ‘‘(B) ALTERNATIVE PROCEDURE.—The 

14 Secretary shall provide an alternative procedure 

15 for the submission of biometric and biographi16 cal data for any applicant for adjustment of 

17 status who is unable to provide biometric or bi18 ographical data due to a physical impairment. 

19 ‘‘(8) BACKGROUND CHECKS.— 

20 ‘‘(A) REQUIREMENT FOR BACKGROUND

21 CHECKS.—The Secretary shall use biometric, 

22 biographical, and other data determined by the 

23 Secretary to be appropriate— 

24 ‘‘(i) to conduct security and law en25 forcement background checks of any alien 


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1 applying for adjustment of status under 

2 this subsection; and 

3 ‘‘(ii) to determine whether there is 

4 any criminal, national security, or other 

5 factor that would render the alien ineligible 

6 for adjustment of status. 

7 ‘‘(B) COMPLETION OF BACKGROUND

8 CHECKS.—The security and law enforcement 

9 background checks under subparagraph (A) 

10 shall be completed, to the satisfaction of the 

11 Secretary, before the date on which Secretary 

12 grants adjustment of status. 

13 ‘‘(9) EXEMPTION FROM NUMERICAL LIMITA14 TIONS.—Nothing in this subsection or in any other 

15 law applies a numerical limitation on the number of 

16 aliens who may be eligible for adjustment of status 

17 under this subsection. 

18 ‘‘(10) ELIGIBILITY FOR NATURALIZATION.— 

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

20 is adjusted under this subsection to that of an 

21 alien lawfully admitted for permanent residence 

22 may be naturalized in accordance with this Act 

23 if the alien meets the applicable requirements of 

24 the immigration laws. 


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

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

3 adjusted under this subsection— 

4 ‘‘(i) shall be considered to have satis5 fied the requirements of paragraphs (1) 

6 and (2) of that section; and 

7 ‘‘(ii) may apply for naturalization. 

8 ‘‘(e) TREATMENT OF ALIENS MEETING REQUIRE9 MENTS FOR EXTENSION OF CONDITIONAL PERMANENT

10 RESIDENT STATUS.— 

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

12 the Secretary may cancel removal and grant condi13 tional permanent resident status under subsection 

14 (b)(1), and may extend conditional permanent resi15 dent status under subsection (c)(5), if, as of the 

16 date of enactment of this section, the alien has satis17 fied each requirement described in subsections 

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

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

20 apply for adjustment of status under subsection 

21 (d)(1) if, during the entire period of conditional per22 manent resident status of the alien, the alien has 

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

24 ‘‘(f) EXCLUSIVE JURISDICTION.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), the Secretary shall have exclusive juris3 diction to determine eligibility for relief under this 

4 section. 

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

6 has been placed in deportation, exclusion, or removal 

7 proceedings before or after the date on which the 

8 alien submits an application for cancellation of re9 moval and conditional permanent resident status or 

10 adjustment of status under this section, the Attor11 ney General— 

12 ‘‘(A) shall have exclusive jurisdiction to de13 termine eligibility for relief under this section; 

14 and 

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

16 the Secretary described in this section until the 

17 date on which— 

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

19 proceedings are terminated; or 

20 ‘‘(ii) a final order of deportation, ex21 clusion, or removal is entered. 

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

23 an alien for whom a final order of deportation, ex24 clusion, or removal is entered, the Secretary shall reVerDate Sep 11 2014 00:47 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2199.PCS S2199

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1 sume all powers and duties delegated to the Sec2 retary under this section. 

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

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

5 of deportation, exclusion, or removal has been en6 tered, if the Secretary grants relief to the alien 

7 under this section, the Attorney General shall re8 scind the final order of deportation, exclusion, or re9 moval. 

10 ‘‘(g) CONFIDENTIALITY OF INFORMATION.— 

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

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

13 States shall not— 

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

15 individual in an application submitted to the 

16 Secretary under this section to initiate removal 

17 proceedings against any person identified in the 

18 application; 

19 ‘‘(B) issue any publication in which the in20 formation furnished by any particular individual 

21 in an application under this section may be 

22 identified; or 

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

24 Secretary, an officer or employee of the Federal 


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1 Government, or the alien) to examine an appli2 cation submitted under this section. 

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

4 General or the Secretary, as applicable, shall provide 

5 the information furnished by an individual in an ap6 plication under this section, and any other informa7 tion derived from the information, to— 

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

9 enforcement agency, intelligence agency, na10 tional security agency, component of the De11 partment of Homeland Security, court, or 

12 grand jury in connection with a criminal inves13 tigation or prosecution, a background check 

14 conducted pursuant to the Brady Handgun Vio15 lence Protection Act (Public Law 103–159; 107 

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

17 Act), or for homeland security or national secu18 rity purposes, if— 

19 ‘‘(i) the information is requested by 

20 the Federal, State, Tribal, or local law en21 forcement agency, intelligence agency, na22 tional security agency, component of the 

23 Department of Homeland Security, court, 

24 or grand jury; and 


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1 ‘‘(ii) the provision of the information 

2 is consistent with an information sharing 

3 agreement or mechanism; or 

4 ‘‘(B) an official coroner for purposes of af5 firmatively identifying a deceased individual 

6 (whether or not the deceased individual is de7 ceased as a result of a crime). 

8 ‘‘(3) FRAUD IN APPLICATION PROCESS OR

9 CRIMINAL CONDUCT.—Notwithstanding any other 

10 provision of this subsection, information relating to 

11 whether an alien seeking cancellation of removal or 

12 conditional permanent resident status under this 

13 section has engaged in fraud in an application for 

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

15 be used or released for immigration enforcement, 

16 law enforcement, or national security purposes. 

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

18 uses or publishes information, or permits informa19 tion to be examined, in violation of this subsection 

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

21 ‘‘(h) TREATMENT OF CONDITIONAL PERMANENT

22 RESIDENTS FOR CERTAIN PURPOSES.— 

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

24 an alien is in conditional permanent resident status, 


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1 the alien shall be considered to be lawfully present 

2 for all purposes. 

3 ‘‘(2) 5-YEAR ELIGIBILITY WAITING PERIOD

4 UNDER PRWORA.—An alien who has met the re5 quirements for adjustment of status from conditional 

6 permanent resident to lawful permanent resident 

7 under this section shall be considered to have com8 pleted the 5-year period described in section 403 of 

9 the Personal Responsibility and Work Opportunity 

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

11 date on which the adjustment of status is granted. 

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

13 date of enactment of this section, the Comptroller General 

14 of the United States shall submit to the Committee on 

15 the Judiciary of the Senate and the Committee on the Ju16 diciary of the House of Representatives a report that in17 cludes the number of aliens— 

18 ‘‘(1) who were eligible for cancellation of re19 moval or conditional permanent resident status 

20 under subsection (b)(1); 

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

22 conditional permanent resident status under that 

23 subsection; 

24 ‘‘(3) who were granted conditional permanent 

25 resident status under that subsection; and 


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

2 alien lawfully admitted for permanent residence 

3 under subsection (d). 

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

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

6 be considered to have been lawfully admitted for perma7 nent residence, without regard to the conditional status 

8 of that admission.’’. 

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

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

11 end the following: 

12 ‘‘(D) An alien who is a conditional perma13 nent resident (as defined in section 244A(a) of 

14 the Immigration and Nationality Act).’’. 

15 (c) CONFORMING AMENDMENT.—The table of con16 tents for the Immigration and Nationality Act (8 U.S.C. 

17 1101 note) is amended by inserting after the item relating 

18 to section 244 the following: 

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

the United States as children.’’. 

19 SEC. 5. GROUNDS OF INADMISSIBILITY AND DEPORT20 ABILITY FOR ALIEN MEMBERS OF CRIMINAL 

21 GANGS OR CARTELS. 

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

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

24 U.S.C. 1101(a)) is amended— 


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1 (1) by striking the subsection designation and 

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

3 the following: 

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

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

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

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

8 club, organization, or association comprised of 5 or 

9 more individuals— 

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

11 commission of 1 or more of the criminal of12 fenses described in section 220(b)(2); and 

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

14 engaged during the 5 years immediately pre15 ceding the most recent commission of an of16 fense described in section 220(b)(2), in a con17 tinuing series of offenses described in section 

18 220(b)(2); or 

19 ‘‘(B) that has been designated as a crimi20 nal gang or cartel under section 220(b)(1).’’. 

21 (b) INADMISSIBILITY.—Section 212(a)(2) of the Im22 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

23 amended by adding at the end the following: 

24 ‘‘(J) ALIENS ASSOCIATED WITH CRIMINAL

25 GANGS OR CARTELS.—Any alien is inadmissible 


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1 who a consular officer, the Secretary of Home2 land Security, or the Attorney General knows or 

3 has reason to believe— 

4 ‘‘(i) is or has been a member of a 

5 criminal gang or cartel; or 

6 ‘‘(ii) has participated in any activity 

7 of a criminal gang or cartel, knowing or 

8 having reason to know that the activity 

9 would promote, further, aid, or support the 

10 illegal activity of the criminal gang or car11 tel.’’. 

12 (c) DEPORTABILITY.—Section 237(a)(2) of the Im13 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

14 amended by adding at the end the following: 

15 ‘‘(G) ALIENS ASSOCIATED WITH CRIMINAL

16 GANGS OR CARTELS.—Any alien is deportable 

17 who— 

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

19 criminal gang or cartel; or 

20 ‘‘(ii) has participated in any activity 

21 of a criminal gang or cartel, knowing or 

22 having reason to know that the activity 

23 would promote, further, aid, or support the 

24 illegal activity of the criminal gang or car25 tel.’’. 


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1 (d) DESIGNATION OF A CRIMINAL GANG OR CAR2 TEL.— 

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

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

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

6 following: 

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

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

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

10 ‘classified information’ has the meaning given the 

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

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

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

14 security’ means the national defense, foreign rela15 tions, or economic interests of the United States. 

16 ‘‘(3) RELEVANT COMMITTEES.—The term ‘rel17 evant committees’ means— 

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

19 the Senate; and 

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

21 the House of Representatives; and 

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

23 the Secretary of Homeland Security, in consultation 

24 with the Attorney General. 

25 ‘‘(b) DESIGNATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may des2 ignate as a criminal gang or cartel a group, club, or3 ganization, or association comprised of 5 or more in4 dividuals if the Secretary makes a determination 

5 that— 

6 ‘‘(A) the group, club, organization, or asso7 ciation has as a primary purpose the commis8 sion of 1 or more criminal offenses described in 

9 paragraph (2); and 

10 ‘‘(B) the members of the group, club, orga11 nization, or association engage, or, during the 5 

12 years immediately preceding the most recent 

13 commission of an offense described in section 

14 220(b)(2), have engaged in a continuing series 

15 of offenses described in paragraph (2). 

16 ‘‘(2) OFFENSES.—The criminal offenses de17 scribed in this paragraph, whether committed in vio18 lation of Federal, State, or foreign law and regard19 less of whether an offense occurred before, on, or 

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

21 following: 

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

23 drug offense (as defined in section 102 of the 

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


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1 ‘‘(B) BRINGING IN AND HARBORING

2 ALIENS.—An offense described in section 274 

3 (relating to bringing in and harboring certain 

4 aliens). 

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

6 offense described in section 277 (relating to 

7 aiding or assisting certain aliens to enter the 

8 United States). 

9 ‘‘(D) IMPORTATION FOR AN IMMORAL PUR10 POSE.—An offense described in section 278 (re11 lating to importation of an alien for an immoral 

12 purpose). 

13 ‘‘(E) CRIME OF VIOLENCE.—A crime of vi14 olence (as defined in section 16 of title 18, 

15 United States Code). 

16 ‘‘(F) CRIME INVOLVING OBSTRUCTION, 

17 TAMPERING, RETALIATION, OR BURGLARY.—A 

18 crime involving— 

19 ‘‘(i) obstruction of justice; 

20 ‘‘(ii) tampering with, or retaliating 

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

22 ‘‘(iii) burglary. 

23 ‘‘(G) OTHER CRIMES.—Any conduct pun24 ishable under— 


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1 ‘‘(i) sections 1028 or 1029 of title 18, 

2 United States Code (relating to fraud and 

3 related activity in connection with identi4 fication documents or access devices); 

5 ‘‘(ii) sections 1581 through 1594 of 

6 that title (relating to peonage, slavery, and 

7 trafficking in persons); 

8 ‘‘(iii) section 1951 of that title (relat9 ing to interference with commerce by 

10 threats or violence); 

11 ‘‘(iv) section 1952 of that title (relat12 ing to interstate and foreign travel or 

13 transportation in aid of racketeering enter14 prises); 

15 ‘‘(v) section 1956 of that title (relat16 ing to the laundering of monetary instru17 ments); 

18 ‘‘(vi) section 1957 of that title (relat19 ing to engaging in monetary transactions 

20 in property derived from specified unlawful 

21 activity); or 

22 ‘‘(vii) sections 2312, 2313, 2314, or 

23 2315 of that title (relating to interstate 

24 transportation of stolen motor vehicles or 

25 stolen property). 


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1 ‘‘(H) CONSPIRACY.—A conspiracy to com2 mit an offense described in subparagraphs (A) 

3 through (G). 

4 ‘‘(3) PROCEDURE.— 

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

6 days before the date on which the Secretary 

7 designates a criminal gang or cartel under this 

8 subsection, the Secretary shall submit to the 

9 Speaker and minority leader of the House of 

10 Representatives, the President pro tempore, 

11 majority leader, and minority leader of the Sen12 ate, and the members of the relevant commit13 tees, by classified communication, a notice of 

14 intent to designate the criminal gang or cartel 

15 that describes the factual basis for the designa16 tion. 

17 ‘‘(B) PUBLICATION IN THE FEDERAL REG18 ISTER.—Not later than 7 days after the date 

19 described in subparagraph (A), the Secretary 

20 shall publish notice of the designation in the 

21 Federal Register. 

22 ‘‘(4) RECORD.— 

23 ‘‘(A) IN GENERAL.—In making a designa24 tion under this subsection, the Secretary shall 

25 develop an administrative record. 


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1 ‘‘(B) CLASSIFIED INFORMATION.— 

2 ‘‘(i) IN GENERAL.—In making a des3 ignation under this subsection, the Sec4 retary may consider classified information, 

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

6 shall not be subject to disclosure for any 

7 period during which the classified informa8 tion remains classified. 

9 ‘‘(ii) DISCLOSURE FOR JUDICIAL RE10 VIEW.—For purposes of judicial review 

11 under subsection (d), classified information 

12 referred to in clause (i) may be disclosed 

13 to a court ex parte and in camera. 

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

15 under this subsection shall be effective until the date 

16 on which the designation— 

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

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

19 ‘‘(6) REVIEW OF DESIGNATION.— 

20 ‘‘(A) PETITION FOR REVIEW.— 

21 ‘‘(i) IN GENERAL.—The Secretary 

22 shall review the designation of a criminal 

23 gang or cartel under the procedures de24 scribed in clauses (iii) and (iv) if the crimiVerDate Sep 11 2014 00:47 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S2199.PCS S2199

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1 nal gang or cartel submits to the Secretary 

2 a petition for review not later than— 

3 ‘‘(I) in the case of a designated 

4 criminal gang or cartel that has not 

5 previously submitted a petition for re6 view under this subparagraph, the 

7 date that is 2 years after the date on 

8 which the Secretary makes the des9 ignation; and 

10 ‘‘(II) in the case of a designated 

11 criminal gang or cartel that has pre12 viously submitted a petition for review 

13 under this subparagraph, the date 

14 that is 2 years after the date on which 

15 the Secretary made a determination 

16 under clause (iv) on the most recent 

17 petition for review submitted by the 

18 criminal gang or cartel. 

19 ‘‘(ii) EVIDENCE.—Any group, club, 

20 organization, or association designated as 

21 criminal gang or cartel that submits a peti22 tion for review under this subparagraph 

23 shall include in the petition evidence that 

24 the group, club, organization, or associa25 tion does not meet the criteria for designaVerDate Sep 11 2014 00:47 Dec 08, 2017 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2199.PCS S2199

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1 tion as a criminal gang or cartel under 

2 paragraph (1). 

3 ‘‘(iii) DETERMINATION.— 

4 ‘‘(I) IN GENERAL.—Not later 

5 than 180 days after the date on which 

6 the Secretary receives a petition for 

7 review under this subparagraph, the 

8 Secretary shall make a determination 

9 on the petition. 

10 ‘‘(II) CLASSIFIED INFORMA11 TION.— 

12 ‘‘(aa) IN GENERAL.—In 

13 making a determination on a pe14 tition for review under this sub15 paragraph, the Secretary may 

16 consider classified information, 

17 which, except as provided in item 

18 (bb), shall not be subject to dis19 closure for any period during 

20 which the classified information 

21 remains classified. 

22 ‘‘(bb) DISCLOSURE FOR JU23 DICIAL REVIEW.—For purposes 

24 of judicial review under sub25 section (d), classified information 


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1 referred to in item (aa) may be 

2 disclosed to a court ex parte and 

3 in camera. 

4 ‘‘(III) PUBLICATION OF DETER5 MINATION.—Not later than 90 days 

6 after the date on which the Secretary 

7 makes a determination on a petition 

8 for review under this clause, the Sec9 retary shall publish the determination 

10 in the Federal Register. 

11 ‘‘(IV) PROCEDURES.—A revoca12 tion of a designation by the Secretary 

13 in accordance with a determination 

14 under this subparagraph shall be 

15 made in accordance with paragraph 

16 (7). 

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

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

19 years after the date on which the Secretary 

20 designates a criminal gang or cartel under 

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

22 gang or cartel for which a review has not 

23 been carried out under subparagraph (A), 

24 the Secretary shall initiate a review of the 


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1 designation to determine whether to revoke 

2 the designation under paragraph (7). 

3 ‘‘(ii) PROCEDURES.— 

4 ‘‘(I) IN GENERAL.—A review ini5 tiated by the Secretary under clause 

6 (i) shall be carried out in accordance 

7 with such procedures determined by 

8 the Secretary to be appropriate. 

9 ‘‘(II) JUDICIAL REVIEW.—A re10 view under subclause (I) and the pro11 cedures established under that sub12 clause shall not be subject to judicial 

13 review. 

14 ‘‘(iii) PUBLICATION OF RESULTS OF

15 REVIEW.—Not later than 90 days after the 

16 date on which the Secretary makes a de17 termination based on a review under this 

18 subparagraph, the Secretary shall publish 

19 the determination in the Federal Register. 

20 ‘‘(7) REVOCATION BASED ON CHANGE IN CIR21 CUMSTANCES.— 

22 ‘‘(A) IN GENERAL.—With respect to a des23 ignation under paragraph (1), the Secretary— 

24 ‘‘(i) may revoke the designation at 

25 any time; and 


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

2 on completion of a review carried out 

3 under paragraph (6), the Secretary deter4 mines that— 

5 ‘‘(I) the criminal gang or cartel 

6 does not meet the criteria for designa7 tion as a criminal gang or cartel 

8 under paragraph (1); or 

9 ‘‘(II) the national security or the 

10 law enforcement interests of the 

11 United States warrants a revocation. 

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

13 days before revoking a designation under para14 graph (A), the Secretary shall submit to the 

15 Speaker and minority leader of the House of 

16 Representatives, the President pro tempore, 

17 majority leader, and minority leader of the Sen18 ate, and the members of the relevant commit19 tees, by classified communication, a notice of 

20 intent to revoke the designation describing the 

21 basis for the revocation. 

22 ‘‘(C) PUBLICATION IN THE FEDERAL REG23 ISTER.—Not later than 7 days after the date 

24 described in subparagraph (B), the Secretary 


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1 shall publish a notice of revocation in the Fed2 eral Register. 

3 ‘‘(D) RECORD.— 

4 ‘‘(i) IN GENERAL.—In revoking a des5 ignation under this paragraph, the Sec6 retary shall develop an administrative 

7 record. 

8 ‘‘(ii) CLASSIFIED INFORMATION.— 

9 ‘‘(I) IN GENERAL.—In revoking a 

10 designation under this paragraph, the 

11 Secretary may consider classified in12 formation, which, except as provided 

13 in subclause (II), shall not be subject 

14 to disclosure for any period during 

15 which the classified information re16 mains classified. 

17 ‘‘(II) DISCLOSURE FOR JUDICIAL

18 REVIEW.—For purposes of judicial re19 view under subsection (d), classified 

20 information referred to in subclause 

21 (I) may be disclosed to a court ex 

22 parte and in camera. 

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

24 under this paragraph shall take effect— 


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

2 of revocation published under subpara3 graph (C); or 

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

5 notice of revocation, on the date on which 

6 the notice of revocation is published in the 

7 Federal Register. 

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

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

10 proceeding based on conduct that occurs before the 

11 effective date of the revocation. 

12 ‘‘(9) USE OF DESIGNATION IN REMOVAL PRO13 CEEDINGS.—The Attorney General shall not allow 

14 an alien in removal proceedings to raise, as a de15 fense or an objection, a question relating to the va16 lidity of a designation under paragraph (1). 

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

18 ‘‘(1) IN GENERAL.—With respect to a designa19 tion under subsection (b)(1), the Secretary may 

20 modify the designation if the Secretary determines 

21 that the criminal gang or cartel has— 

22 ‘‘(A) changed name; 

23 ‘‘(B) adopted a new alias; 

24 ‘‘(C) dissolved and reestablished under 1 

25 or more different names; or 


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1 ‘‘(D) merged with another criminal gang 

2 or cartel. 

3 ‘‘(2) PROCEDURE.— 

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

5 days before the date on which the Secretary 

6 modifies the designation of a criminal gang or 

7 cartel under this subsection, the Secretary shall 

8 submit to the Speaker and minority leader of 

9 the House of Representatives, the President pro 

10 tempore, majority leader, and minority leader of 

11 the Senate, and the members of the relevant 

12 committees, by classified communication, a no13 tice of intent to modify the designation describ14 ing the factual basis for the modification. 

15 ‘‘(B) PUBLICATION IN THE FEDERAL REG16 ISTER.—Not later than 7 days after the date 

17 described in subparagraph (A), the Secretary 

18 shall publish notice of the modification in the 

19 Federal Register. 

20 ‘‘(C) CLASSIFIED INFORMATION.— 

21 ‘‘(i) IN GENERAL.—In modifying a 

22 designation under this subsection, the Sec23 retary may consider classified information, 

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

25 shall not be subject to disclosure for any 


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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 ‘‘(D) EFFECTIVE DATE.—Any modification 

9 under this subsection shall take effect on the 

10 date of publication of the modification under 

11 subparagraph (B). 

12 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis13 trative record developed under subsection (b)(4) 

14 shall be supplemented to include— 

15 ‘‘(A) any modification under this sub16 section; and 

17 ‘‘(B) any relevant information that sup18 ports the modification. 

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

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

21 after the date on which a designation under sub22 section (b)(1), a determination under subsection 

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

24 published in the Federal Register, a criminal gang 

25 or cartel may seek judicial review of the designation, 


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1 determination, or modification, as applicable, in the 

2 United States Court of Appeals for the District of 

3 Columbia Circuit (referred to in this subsection as 

4 the ‘court’). 

5 ‘‘(2) BASIS OF REVIEW.— 

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

7 subparagraph (B), judicial review under this 

8 subsection shall be based only on the adminis9 trative record developed under subsection 

10 (b)(4). 

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

12 submit, for ex parte and in camera review, clas13 sified information used as a basis for— 

14 ‘‘(i) a designation under subsection 

15 (b)(1); 

16 ‘‘(ii) a determination under subsection 

17 (b)(6)(A); or 

18 ‘‘(iii) a modification under subsection 

19 (c). 

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

21 unlawful, and set aside, any designation under sub22 section (b)(1), determination under subsection 

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

24 is, as determined by the court— 


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1 ‘‘(A) arbitrary, capricious, an abuse of dis2 cretion, or otherwise not in accordance with the 

3 law; 

4 ‘‘(B) contrary to constitutional right, 

5 power, privilege, or immunity; 

6 ‘‘(C) in excess of statutory jurisdiction, au7 thority, or limitation; 

8 ‘‘(D) short of statutory right; 

9 ‘‘(E) lacking substantial support— 

10 ‘‘(i) in the administrative record, 

11 taken into consideration as a whole; or 

12 ‘‘(ii) in classified information sub13 mitted to the court under paragraph 

14 (2)(B); or 

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

16 required by law. 

17 ‘‘(4) JUDICIAL REVIEW INVOKED.—The pend18 ency of an action for judicial review under this sub19 section shall not affect the application of this section 

20 to a criminal gang or cartel unless the court issues 

21 a final order setting aside the designation, deter22 mination, or modification.’’. 

23 (2) CONFORMING AMENDMENT.—The table of 

24 contents for the Immigration and Nationality Act (8 


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

2 item relating to section 219 the following: 

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

3 (e) MANDATORY DETENTION OF ALIEN MEMBERS

4 OF CRIMINAL GANGS OR CARTELS.— 

5 (1) IN GENERAL.—Section 236(c)(1) of the Im6 migration and Nationality Act (8 U.S.C. 1226(c)(1)) 

7 is amended— 

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

9 comma at the end and inserting a semicolon; 

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

11 comma at the end and inserting a semicolon; 

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

13 and inserting a semicolon; 

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

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

16 (E) by inserting after subparagraph (D) 

17 the following: 

18 ‘‘(E) is inadmissible under section 

19 212(a)(2)(J) or deportable under section 

20 237(a)(2)(G),’’. 

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

22 of each year (beginning 1 year after the date of en23 actment of this Act), the Secretary, after consulta24 tion with the appropriate Federal agencies, shall 

25 submit a report to the Committee on the Judiciary 


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1 of the Senate and the Committee on the Judiciary 

2 of the House of Representatives that includes the 

3 number of aliens detained under subparagraph (E) 

4 of section 236(c)(1) of the Immigration and Nation5 ality Act (8 U.S.C. 1226(c)(1)) during the preceding 

6 calendar year. 

7 (f) RELIEF BASED ON GANG AFFILIATION.— 

8 (1) INAPPLICABILITY OF RESTRICTION ON RE9 MOVAL TO CERTAIN COUNTRIES.—Section 

10 241(b)(3)(B) of the Immigration and Nationality 

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

12 (A) by redesignating clauses (i) through 

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

14 and indenting the items appropriately; 

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

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

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

18 Attorney General decides that—’’ and inserting 

19 the following: ‘‘apply— 

20 ‘‘(i) to an alien— 

21 ‘‘(I) described in section 

22 212(a)(2)(J)(i); 

23 ‘‘(II) described in section 

24 237(a)(2)(G)(i); or 


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1 ‘‘(III) who is deportable under 

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

3 ‘‘(ii) if the Attorney General deter4 mines that—’’; and 

5 (C) in the undesignated matter following 

6 item (dd) (as so redesignated)— 

7 (i) in the first sentence, by striking 

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

9 and 

10 (ii) in the third sentence, by striking 

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

12 (2) INELIGIBILITY FOR ASYLUM.—Section 

13 208(b)(2)(A) of the Immigration and Nationality 

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

15 (A) in clause (v), by striking ‘‘; or’’ and in16 serting a semicolon; 

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

18 (vii); and 

19 (C) by inserting after clause (v) the fol20 lowing: 

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

22 212(a)(2)(J)(i) or section 237(a)(2)(G)(i); 

23 or’’. 

24 (g) TEMPORARY PROTECTED STATUS.— 


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1 (1) IN GENERAL.—Section 244 of the Immigra2 tion and Nationality Act (8 U.S.C. 1254a) is amend3 ed— 

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

5 place it appears and inserting ‘‘Secretary of 

6 Homeland Security’’; 

7 (B) in subsection (c)(2)(B)— 

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

9 inserting a semicolon; 

10 (ii) in clause (ii), by striking the pe11 riod at the end and inserting ‘‘; or’’; and 

12 (iii) by adding at the end the fol13 lowing: 

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

15 212(a)(2)(J) or section 237(a)(2)(G).’’; 

16 and 

17 (C) in subsection (d)— 

18 (i) in paragraph (2)— 

19 (I) in the first sentence, by strik20 ing ‘‘Subject to paragraph (3), such 

21 documentation’’ and inserting ‘‘The 

22 documentation referred to in para23 graph (1)’’; and 

24 (II) in the second sentence, by 

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


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1 (ii) by striking paragraph (3); 

2 (iii) by redesignating paragraph (4) as 

3 paragraph (3); and 

4 (iv) in paragraph (3) (as so redesig5 nated), by striking ‘‘An alien provided’’ 

6 and inserting the following: 

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

8 subparagraph (B), the Secretary of Homeland 

9 Security may detain an alien provided tem10 porary protected status under this section, as 

11 determined by the Secretary to be appropriate 

12 under the law. 

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

14 (2) CONFORMING AMENDMENT.—Section 

15 244(b)(3)(B) of the Immigration and Nationality 

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

17 second sentence by striking ‘‘is effective in accord18 ance with subsection (d)(3), but’’. 

19 (h) SPECIAL IMMIGRANT JUVENILE VISAS.—Section 

20 101(a)(27)(J)(iii) of the Immigration and Nationality Act 

21 (8 U.S.C. 1101(a)(27)(J)(iii)) is amended— 

22 (1) in subclause (I), by striking ‘‘; and’’ and in23 serting a semicolon; 

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

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


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

2 ‘‘(III) no alien described in sec3 tion 212(a)(2)(J) or section 

4 237(a)(2)(G) shall be eligible for any 

5 immigration benefit under this sub6 paragraph;’’. 

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

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

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

10 it appears and inserting ‘‘Secretary of Homeland Se11 curity’’; 

12 (2) by striking the paragraph designation and 

13 all that follows through ‘‘in his discretion’’ in sub14 paragraph (A) and inserting the following: 

15 ‘‘(5) PAROLE.— 

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

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

18 214(f), the Secretary of Homeland Security 

19 may’’; and 

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

21 ‘‘(C) ALIENS ASSOCIATED WITH CRIMINAL

22 GANGS OR CARTELS.— 

23 ‘‘(i) IN GENERAL.—Except as pro24 vided in clause (ii), the Secretary of Home25 land Security shall not parole into the 


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1 United States an alien described in section 

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

3 ‘‘(ii) EXCEPTION.—The Secretary of 

4 Homeland Security may parole into the 

5 United States an alien described in section 

6 212(a)(2)(J) if— 

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

8 assisted the Government in a law en9 forcement matter, including a criminal 

10 investigation; and 

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

12 the United States is required by the 

13 Government for purposes of such as14 sistance.’’. 

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

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

17 after the date of enactment of this Act. 

18 SEC. 6. BORDER ACCESS ROADS. 

19 (a) CONSTRUCTION.— 

20 (1) IN GENERAL.—The Secretary shall com21 mence and complete the construction of roads along 

22 the southern border to facilitate safe and swift ac23 cess for U.S. Customs and Border Protection per24 sonnel to access the border for purposes of patrol 

25 and apprehension. 


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

2 under paragraph (1) shall include— 

3 (A) access roads; 

4 (B) border roads; 

5 (C) patrol roads; and 

6 (D) Federal, State, local, and privately7 owned roads. 

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

9 with local stakeholders, shall maintain roads used for pur10 poses of patrol and apprehension. 

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

12 (1) develop policies and guidance for docu13 menting agreements with landowners relating to the 

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

15 Secretary determines to be necessary; 

16 (2) share the policies and guidance developed 

17 under paragraph (1) with each Border Patrol Sector 

18 of U.S. Customs and Border Protection; 

19 (3) document and communicate the process and 

20 criteria for prioritizing funding for operational roads 

21 not owned by the Federal Government; and 

22 (4) assess the feasibility of options for address23 ing the maintenance of non-Federal public roads, in24 cluding any data needs relating to such mainte25 nance. 


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Calendar No. 276 

115TH CONGRESS 

1ST SESSION S. 2199 

A BILL 

To authorize appropriations for border infrastrucpurposes. bers of criminal gangs and cartels, and for other inadmissibility and deportability for alien mem- gration and Nationality Act to include grounds of status to certain aliens, and to amend the Immi- ture construction, to provide conditional resident 

DECEMBER 7, 2017 

Read the second time and placed on the calendar 


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