II 

114TH CONGRESS 

1ST SESSION S. 1640 

To amend the Immigration and Nationality Act to improve immigration 

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

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2015 

Mr. SESSIONS (for himself, Mr. COTTON, Mr. PERDUE, Mr. VITTER, and Mr. 

INHOFE) introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To amend the Immigration and Nationality Act to improve 

immigration law enforcement within the interior of the 

United States, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Michael Davis, Jr. and 

5 Danny Oliver in Honor of State and Local Law Enforce6 ment Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 


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Sec. 2. Table of contents. 

TITLE I—IMMIGRATION LAW ENFORCEMENT BY STATES AND 

LOCALITIES 

Sec. 101. Definitions and severability. 

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

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

center database. 

Sec. 104. Technology access. 

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

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

the enforcement of immigration laws. 

Sec. 107. Increased Federal detention space. 

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

States apprehended by State or local law enforcement. 

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

enforcement of immigration laws. 

Sec. 110. Immunity. 

Sec. 111. Criminal alien identification program. 

Sec. 112. Clarification of congressional intent. 

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

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

Sec. 115. Clarifying the authority of ICE detainers. 

TITLE II—NATIONAL SECURITY 

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

Sec. 202. Terrorist bar to good moral character. 

Sec. 203. Terrorist bar to naturalization. 

Sec. 204. Denaturalization for terrorists. 

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

Sec. 206. Background and security checks. 

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

TITLE III—REMOVAL OF CRIMINAL ALIENS 

Sec. 301. Definition of aggravated felony. 

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

other serious offenses. 

Sec. 303. Espionage clarification. 

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

by, certain aliens. 

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

and peonage offenses. 

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

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

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

Sec. 309. Precluding withholding of removal for aggravated felons. 

Sec. 310. Inadmissibility and deportability of drunk drivers. 

Sec. 311. Detention of dangerous aliens. 

Sec. 312. Grounds of inadmissibility and deportability for alien gang members. 


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Sec. 313. Extension of identity theft offenses. 

Sec. 314. Laundering of monetary instruments. 

Sec. 315. Penalties for illegal entry or presence. 

Sec. 316. Illegal reentry. 

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

Sec. 318. Forfeiture. 

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

grounds. 

Sec. 320. Increased penalties barring the admission of convicted sex offenders 

failing to register and requiring deportation of sex offenders 

failing to register. 

Sec. 321. Protecting immigrants from convicted sex offenders. 

Sec. 322. Penalties for failure to obey removal orders. 

Sec. 323. Pardons. 

Sec. 324. Convictions. 

TITLE IV—VISA SECURITY 

Sec. 401. Cancellation of additional visas. 

Sec. 402. Visa information sharing. 

Sec. 403. Restricting waiver of visa interviews. 

Sec. 404. Non-interview of certain ineligible visa applicants. 

Sec. 405. Visa refusal and revocation. 

Sec. 406. Funding for the visa security program. 

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

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

Sec. 409. Accreditation requirements. 

Sec. 410. Visa fraud. 

Sec. 411. Background checks. 

Sec. 412. Number of designated school officials. 

Sec. 413. Reporting requirement. 

Sec. 414. Flight schools not certified by FAA. 

Sec. 415. Revocation of accreditation. 

Sec. 416. Report on risk assessment. 

Sec. 417. Implementation of GAO recommendations. 

Sec. 418. Implementation of SEVIS II. 

Sec. 419. Definitions. 

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

ENFORCEMENT OFFICERS 

Sec. 501. ICE immigration enforcement agents. 

Sec. 502. ICE detention enforcement officers. 

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

Sec. 504. ICE Advisory Council. 

Sec. 505. Pilot program for electronic field processing. 

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

Sec. 507. Additional ICE prosecutors. 

TITLE VI—MISCELLANEOUS ENFORCEMENT PROVISIONS 

Sec. 601. Timely repatriation. 

Sec. 602. Encouraging aliens to depart voluntarily. 

Sec. 603. Deterring aliens ordered removed from remaining in the United 

States unlawfully. 


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Sec. 604. Reinstatement of removal orders. 

Sec. 605. Clarification with respect to definition of admission. 

Sec. 606. Reports to Congress. 

Sec. 607. Certain activities restricted. 

Sec. 608. GAO study on deaths in custody. 

Sec. 609. Removal proceedings. 

Sec. 610. Eliminating backlog in the immigration court system. 

Sec. 611. Proper filing of income taxes required for good moral character. 

1 TITLE I—IMMIGRATION LAW EN2 FORCEMENT BY STATES AND 

3 LOCALITIES 

4 SEC. 101. DEFINITIONS AND SEVERABILITY. 

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

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

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

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

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

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

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

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

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

18 SEC. 102. IMMIGRATION LAW ENFORCEMENT BY STATES 

19 AND LOCALITIES. 

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

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


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1 1324a(h)(2)), States, or political subdivisions of States, 

2 may enact, implement and enforce criminal penalties that 

3 penalize the same conduct that is prohibited in the crimi4 nal provisions of immigration laws (as defined in section 

5 101(a)(17) of the Immigration and Nationality Act (8 

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

7 not exceed the relevant Federal criminal penalties (without 

8 regard to ancillary issues such as the availability of proba9 tion or pardon). States, or political subdivisions of States, 

10 may enact, implement and enforce civil penalties that pe11 nalize the same conduct that is prohibited in the civil pro12 visions of immigration laws (as defined in such section 

13 101(a)(17)), as long as the civil penalties do not exceed 

14 the relevant Federal civil penalties. 

15 (b) LAW ENFORCEMENT PERSONNEL.—Subject to 

16 section 274A(h)(2) of the Immigration and Nationality 

17 Act (8 U.S.C. 1324a(h)(2)), law enforcement personnel of 

18 a State, or of a political subdivision of a State, may inves19 tigate, identify, apprehend, arrest, detain, or transfer to 

20 Federal custody aliens for the purposes of enforcing the 

21 immigration laws of the United States to the same extent 

22 as Federal law enforcement personnel. Law enforcement 

23 personnel of a State, or of a political subdivision of a 

24 State, may also investigate, identify, apprehend, arrest, or 

25 detain aliens for the purposes of enforcing the immigration 


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1 laws of a State or of a political subdivision of State, as 

2 long as those immigration laws are permissible under this 

3 section. Law enforcement personnel of a State, or of a po4 litical subdivision of a State, may not admit aliens to or 

5 remove them from the United States. 

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

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

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

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

14 information that the Secretary may possess regarding any 

15 alien against whom a final order of removal has been 

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

19 revoked. The National Crime Information Center shall 

20 enter such information into the Immigration Violators File 

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

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

24 removal; 

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


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

3 (b) INCLUSION OF INFORMATION IN THE NCIC 

4 DATABASE.— 

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

6 United States Code, is amended— 

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

8 the end; 

9 (B) by redesignating paragraph (4) as 

10 paragraph (5); and 

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

12 following: 

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

14 records of violations by aliens of the immigration 

15 laws of the United States, regardless of whether any 

16 such alien has received notice of the violation or 

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

19 such alien has already been removed from the 

20 United States; and’’. 

21 (2) EFFECTIVE DATE.—The Attorney General 

22 and the Secretary shall ensure that the amendment 

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

24 than 6 months after the date of the enactment of 

25 this Act. 


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1 SEC. 104. TECHNOLOGY ACCESS. 

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

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

8 (a) PROVISION OF INFORMATION.—In compliance 

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

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

11 and section 434 of the Personal Responsibility and Work 

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

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

14 provide the Secretary of Homeland Security in a timely 

15 manner with the information specified in subsection (b) 

16 with respect to each alien apprehended in the jurisdiction 

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

18 who is believed to be inadmissible or deportable. 

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

21 (1) The alien’s name. 

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

23 (3) A physical description of the alien. 

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

26 apprehending, or arresting the alien. 


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

2 number and the State of issuance of such license. 

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

7 document. 

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

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

10 driven by, the alien. 

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

12 obtainable. 

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

15 (10) If applicable, the phone number and email 

16 address pertaining to the alien. 

17 (c) ANNUAL REPORT ON REPORTING.—The Sec18 retary shall maintain and annually submit to the Congress 

19 a detailed report listing the States, or the political subdivi20 sions of States, that have provided information under sub21 section (a) in the preceding year. 

22 (d) REIMBURSEMENT.—The Secretary shall reim23 burse States, and political subdivisions of a State, for all 

24 reasonable costs, as determined by the Secretary, incurred 


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

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

3 (e) CONSTRUCTION.—Nothing in this section shall re4 quire law enforcement officials of a State, or of a political 

5 subdivision of a State, to provide the Secretary with infor6 mation related to a victim of a crime or witness to a crimi7 nal offense. 

8 (f) EFFECTIVE DATE.—This section shall take effect 

9 on the date that is 120 days after the date of the enact10 ment of this Act and shall apply with respect to aliens 

11 apprehended on or after such date. 

12 SEC. 106. FINANCIAL ASSISTANCE TO STATE AND LOCAL 

13 POLICE AGENCIES THAT ASSIST IN THE EN14 FORCEMENT OF IMMIGRATION LAWS. 

15 (a) GRANTS FOR SPECIAL EQUIPMENT FOR HOUSING

16 AND PROCESSING CERTAIN ALIENS.—From amounts 

17 made available to make grants under this section, the Sec18 retary shall make grants to States, and to political subdivi19 sions of States, for procurement of equipment, technology, 

20 facilities, and other products that facilitate and are di21 rectly related to investigating, apprehending, arresting, 

22 detaining, or transporting aliens who are inadmissible or 

23 deportable, including additional administrative costs in24 curred under this title. 


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

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

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

5 the immigration laws of the United States in the course 

6 of carrying out the routine law enforcement duties of such 

7 State or political subdivision of a State. Entities covered 

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

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

11 (c) GAO AUDIT.—Not later than 3 years after the 

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

13 of the United States shall conduct an audit of funds dis14 tributed to States, and to political subdivisions of a State, 

15 under subsection (a). 

16 SEC. 107. INCREASED FEDERAL DETENTION SPACE. 

17 (a) CONSTRUCTION OR ACQUISITION OF DETENTION

18 FACILITIES.— 

19 (1) IN GENERAL.—The Secretary shall con20 struct or acquire, in addition to existing facilities for 

21 the detention of aliens, detention facilities in the 

22 United States, for aliens detained pending removal 

23 from the United States or a decision regarding such 

24 removal. Each facility shall have a number of beds 

25 necessary to effectuate the purposes of this title. 


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1 (2) DETERMINATIONS.—The location of any de2 tention facility built or acquired in accordance with 

3 this subsection shall be determined by the Secretary. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

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

6 (8 U.S.C. 1231(g)(1)) is amended by striking ‘‘may ex7 pend’’ and inserting ‘‘shall expend’’. 

8 SEC. 108. FEDERAL CUSTODY OF INADMISSIBLE AND DE9 PORTABLE ALIENS IN THE UNITED STATES 

10 APPREHENDED BY STATE OR LOCAL LAW EN11 FORCEMENT. 

12 (a) STATE APPREHENSION.— 

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

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

15 amended by inserting after section 240C the fol16 lowing: 

17 ‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE ALIENS

18 PRESENT IN THE UNITED STATES

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

20 AND LOCAL OFFICIALS.—If a State, or a political subdivi21 sion of the State, exercising authority with respect to the 

22 apprehension or arrest of an inadmissible or deportable 

23 alien submits to the Secretary of Homeland Security a re24 quest that the alien be taken into Federal custody, not25 withstanding any other provision of law, regulation, or pol26 icy the Secretary shall— 


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1 ‘‘(1) request that the relevant State or local law 

2 enforcement agency temporarily hold the alien in 

3 their custody or transport the alien for transfer to 

4 Federal custody; and 

5 ‘‘(2) if the State or local law enforcement agen6 cy is unable to transport the alien for transfer to 

7 Federal custody, take the alien into custody not 

8 later than 48 hours (excluding Saturdays, Sundays, 

9 and holidays) after the alien’s release from the cus10 tody of the State or political subdivision of the 

11 State. 

12 ‘‘(b) POLICY ON DETENTION IN FEDERAL, CON13 TRACT, STATE, OR LOCAL DETENTION FACILITIES.—In 

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

15 Secretary of Homeland Security shall ensure that an alien 

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

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

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

19 other comparable facility. Notwithstanding any other pro20 vision of law, regulation or policy, such facility is adequate 

21 for detention, if— 

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

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

24 such purpose under the circumstances; 


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

2 of the facility can be made; and 

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

4 housing, care, and security of persons held in cus5 tody by a United States Marshal. 

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

7 Security shall reimburse a State, and a political subdivi8 sion of a State, for all reasonable expenses, as determined 

9 by the Secretary, incurred by the State, or political sub10 division, as a result of the incarceration and transpor11 tation of an alien who is inadmissible or deportable as de12 scribed in subsections (a) and (b). Compensation provided 

13 for costs incurred under such subsections shall be the av14 erage cost of incarceration of a prisoner in the relevant 

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

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

17 of transporting the alien from the point of apprehension 

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

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

20 ‘‘(d) SECURE FACILITIES.—The Secretary of Home21 land Security shall ensure that aliens incarcerated pursu22 ant to this title are held in facilities that provide an appro23 priate level of security. 

24 ‘‘(e) TRANSFER.— 


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1 ‘‘(1) IN GENERAL.—In carrying out this sec2 tion, the Secretary of Homeland Security shall es3 tablish a regular circuit and schedule for the prompt 

4 transfer of apprehended aliens from the custody of 

5 States, and political subdivisions of a State, to Fed6 eral custody. 

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

8 into contracts, including appropriate private con9 tracts, to implement this subsection.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents of such Act is amended by inserting after the 

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

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

United States.’’. 

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

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

15 of the United States shall conduct an audit of compensa16 tion to States, and to political subdivisions of a State, for 

17 the incarceration of inadmissible or deportable aliens 

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

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

20 (c) EFFECTIVE DATE.—Section 240D of the Immi21 gration and Nationality Act, as added by subsection (a), 

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

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


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

2 of this Act. 

3 SEC. 109. TRAINING OF STATE AND LOCAL LAW ENFORCE4 MENT PERSONNEL RELATING TO THE EN5 FORCEMENT OF IMMIGRATION LAWS. 

6 (a) ESTABLISHMENT OF TRAINING MANUAL AND

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

8 of the enactment of this Act, the Secretary shall estab9 lish— 

10 (1) a training manual for law enforcement per11 sonnel of a State, or of a political subdivision of a 

12 State, to train such personnel in the investigation, 

13 identification, apprehension, arrest, detention, and 

14 transfer to Federal custody of inadmissible and de15 portable aliens in the United States (including the 

16 transportation of such aliens across State lines to 

17 detention centers and the identification of fraudulent 

18 documents); and 

19 (2) an immigration enforcement pocket guide 

20 for law enforcement personnel of a State, or of a po21 litical subdivision of a State, to provide a quick ref22 erence for such personnel in the course of duty. 

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

24 guide established in accordance with subsection (a) shall 


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1 be made available to all State and local law enforcement 

2 personnel. 

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

4 construed to require State or local law enforcement per5 sonnel to carry the training manual or pocket guide with 

6 them while on duty. 

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

8 any costs incurred in establishing the training manual and 

9 pocket guide. 

10 (e) TRAINING FLEXIBILITY.— 

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

12 training of State and local law enforcement officers 

13 available through as many means as possible, includ14 ing through residential training at the Center for 

15 Domestic Preparedness, onsite training held at State 

16 or local police agencies or facilities, online training 

17 courses by computer, teleconferencing, and video18 tape, or the digital video display (DVD) of a train19 ing course or courses. E-learning through a secure, 

20 encrypted distributed learning system that has all its 

21 servers based in the United States, is scalable, sur22 vivable, and can have a portal in place not later than 

23 30 days after the date of the enactment of this Act, 

24 shall be made available by the Federal Law EnforceVerDate Sep 11 2014 06:34 Jun 24, 2015 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 ment Training Center Distributed Learning Pro2 gram for State and local law enforcement personnel. 

3 (2) FEDERAL PERSONNEL TRAINING.—The 

4 training of State and local law enforcement per5 sonnel under this section shall not displace the train6 ing of Federal personnel. 

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

8 any other provision of law shall be construed as 

9 making any immigration-related training a require10 ment for, or prerequisite to, any State or local law 

11 enforcement officer to assist in the enforcement of 

12 Federal immigration laws. 

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

14 priority funding shall be given for existing web-based 

15 immigration enforcement training systems. 

16 SEC. 110. IMMUNITY. 

17 Notwithstanding any other provision of law, a law en18 forcement officer of a State or local law enforcement agen19 cy who is acting within the scope of the officer’s official 

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

21 law enforcement officer, from personal liability arising out 

22 of the performance of any duty described in this title, in23 cluding the authorities to investigate, identify, apprehend, 

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

25 the purposes of enforcing the immigration laws of the 


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1 United States (as defined in section 101(a)(17) of the Im2 migration and Nationality Act (8 U.S.C. 1101(a)(17))) or 

3 the immigration laws of a State or a political subdivision 

4 of a State. 

5 SEC. 111. CRIMINAL ALIEN IDENTIFICATION PROGRAM. 

6 (a) CONTINUATION AND EXPANSION.— 

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

8 to operate and implement a program that— 

9 (A) identifies removable criminal aliens in 

10 Federal and State correctional facilities; 

11 (B) ensures such aliens are not released 

12 into the community; and 

13 (C) removes such aliens from the United 

14 States after the completion of their sentences. 

15 (2) EXPANSION.—The program shall be ex16 tended to all States. Any State that receives Federal 

17 funds for the incarceration of criminal aliens (pursu18 ant to the State Criminal Alien Assistance Program 

19 authorized under section 241(i) of the Immigration 

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

21 similar program) shall— 

22 (A) cooperate with officials of the program; 

23 (B) expeditiously and systematically iden24 tify criminal aliens in its prison and jail popu25 lations; and 


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1 (C) promptly convey such information to 

2 officials of such program as a condition of re3 ceiving such funds. 

4 (b) AUTHORIZATION FOR DETENTION AFTER COM5 PLETION OF STATE OR LOCAL PRISON SENTENCE.—Law 

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

7 of a State, are authorized to— 

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

9 48 hours (excluding Saturdays, Sundays, and holi10 days) after the alien has completed the alien’s sen11 tence under State or local law in order to effectuate 

12 the transfer of the alien to Federal custody when the 

13 alien is inadmissible or deportable; or 

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

15 have served a prison sentence under State or local 

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

17 until the Secretary can take the alien into custody. 

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

19 conferencing, shall be used to the maximum extent prac20 ticable in order to make the program available in remote 

21 locations. Mobile access to Federal databases of aliens and 

22 live scan technology shall be used to the maximum extent 

23 practicable in order to make these resources available to 

24 State and local law enforcement agencies in remote loca25 tions. 


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

2 of the date of the enactment of this Act, except that sub3 section (a)(2) shall take effect on the date that is 180 days 

4 after such date. 

5 SEC. 112. CLARIFICATION OF CONGRESSIONAL INTENT. 

6 Section 287(g) of the Immigration and Nationality 

7 Act (8 U.S.C. 1357(g)) is amended— 

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

9 and all that follows through the period at the end 

10 and inserting the following: ‘‘shall enter into a writ11 ten agreement with a State, or any political subdivi12 sion of a State, upon request of the State or political 

13 subdivision, pursuant to which an officer or em14 ployee of the State or subdivision, who is determined 

15 by the Secretary to be qualified to perform a func16 tion of an immigration officer in relation to the in17 vestigation, apprehension, or detention of aliens in 

18 the United States (including the transportation of 

19 such aliens across State lines to detention centers), 

20 may carry out such function at the expense of the 

21 State or political subdivision and to extent consistent 

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

23 fide State or political subdivision or bona fide law 

24 enforcement agency shall be denied absent a compel25 ling reason. No limit on the number of agreements 


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1 under this subsection may be imposed. The Sec2 retary shall process requests for such agreements 

3 with all due haste, and in no case shall take not 

4 more than 90 days from the date the request is 

5 made until the agreement is consummated.’’; 

6 (2) by redesignating paragraph (2) as para7 graph (5) and paragraphs (3) through (10) as para8 graphs (7) through (14), respectively; 

9 (3) by inserting after paragraph (1) the fol10 lowing: 

11 ‘‘(2) An agreement under this subsection shall accom12 modate a requesting State or political subdivision with re13 spect to the enforcement model or combination of models, 

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

15 jail model, any combination thereof, or any other reason16 able model the State or political subdivision believes is best 

17 suited to the immigration enforcement needs of its juris18 diction. 

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

20 broadly at identifying inadmissible or deportable aliens 

21 shall substitute for such agreements, including those es22 tablishing a jail model, and shall operate in addition to 

23 any agreement under this subsection. 

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

25 terminated absent a compelling reason. 


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1 ‘‘(B)(i) The Secretary shall provide a State or polit2 ical subdivision written notice of intent to terminate at 

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

4 the notice shall fully explain the grounds for termination, 

5 along with providing evidence substantiating the Sec6 retary’s allegations. 

7 ‘‘(ii) The State or political subdivision shall have a 

8 cause of action against the Secretary in a United States 

9 District Court within the State regarding the termination 

10 of the agreement, and if the ruling is against the State 

11 or political subdivision, to appeal the ruling to the Federal 

12 Circuit Court of Appeals and, if the ruling is against the 

13 State or political subdivision, to the Supreme Court. 

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

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

16 (4) by inserting after paragraph (5) (as redesig17 nated) the following: 

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

19 training of State and local law enforcement officers avail20 able through as many means as possible, including 

21 through residential training at the Center for Domestic 

22 Preparedness and the Federal Law Enforcement Training 

23 Center, onsite training held at State or local police agen24 cies or facilities, online training courses by computer, tele25 conferencing, and videotape, or the digital video display 


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

2 through a secure, encrypted distributed learning system 

3 that has all its servers based in the United States, is scal4 able, survivable, and can have a portal in place not later 

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

6 shall be made available by the COPS Office of the Depart7 ment of Justice and the Federal Law Enforcement Train8 ing Center Distributed Learning Program for State and 

9 local law enforcement personnel. Preference shall be given 

10 to private sector-based web-based immigration enforce11 ment training programs for which the Federal Govern12 ment has already provided support to develop.’’. 

13 SEC. 113. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM 

14 (SCAAP). 

15 Section 241(i) of the Immigration and Nationality 

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

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

18 place such term appears and inserting ‘‘Secretary of 

19 Homeland Security’’; 

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

21 such term appears thereafter and inserting ‘‘Sec22 retary’’; and 

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

24 with or’’ before ‘‘convicted’’. 


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

3 (a) IN GENERAL.—Section 642 of the Illegal Immi4 gration Reform and Immigrant Responsibility Act of 1996 

5 (8 U.S.C. 1373) is amended— 

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

8 ‘‘Department of Homeland Security’’; 

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

11 (3) in subsection (b)— 

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

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

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

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

17 activities’’; and 

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

19 and inserting the following: 

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

22 aliens who are encountered by law enforcement per23 sonnel of a State or political subdivision of a State. 

24 ‘‘(2) Complying with requests for information 

25 from Federal law enforcement. 


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1 ‘‘(3) Issuing policies in the form of a resolu2 tions, ordinances, administrative actions, general or 

3 special orders, or departmental policies that violate 

4 Federal law or restrict a State or political subdivi5 sion of a State from complying with Federal law or 

6 coordinating with Federal law enforcement.’’; and 

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

8 ‘‘(d) COMPLIANCE.— 

9 ‘‘(1) IN GENERAL.—A State, or a political sub10 division of a State, that has in effect a statute, pol11 icy, or practice that prohibits law enforcement offi12 cers of the State, or of a political subdivision of the 

13 State, from assisting or cooperating with Federal 

14 immigration law enforcement in the course of car15 rying out the officers’ routine law enforcement du16 ties shall not be eligible to receive— 

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

18 be allocated to the State or political subdivision 

19 under section 241(i) of the Immigration and 

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

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

22 the Omnibus Crime Control and Safe Streets 

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

24 ‘‘(B) any other law enforcement or Depart25 ment of Homeland Security grant. 


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

2 shall determine annually which State or political 

3 subdivision of a State are not in compliance with 

4 this section and shall report such determinations to 

5 Congress on March 1 of each year. 

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

7 issue a report concerning the compliance of any par8 ticular State or political subdivision at the request of 

9 the House or Senate Judiciary Committee. Any ju10 risdiction that is found to be out of compliance shall 

11 be ineligible to receive Federal financial assistance 

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

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

14 the Attorney General certifies that the jurisdiction is 

15 in compliance. 

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

17 allocated to a State or to a political subdivision of 

18 a State, due to the failure of the State, or of the po19 litical subdivision of the State, to comply with sub20 section (c) shall be reallocated to States, or to polit21 ical subdivisions of States, that comply with such 

22 subsection. 

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

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1 litical subdivisions of States, to report or arrest victims 

2 or witnesses of a criminal offense.’’. 

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

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

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

6 the Illegal Immigration Reform and Immigrant Responsi7 bility Act of 1996 (8 U.S.C. 1373), as added by this sec8 tion, shall take effect beginning one year after the date 

9 of the enactment of this Act. 

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

11 (a) IN GENERAL.—Except as otherwise provided by 

12 Federal law or rule of procedure, the Secretary of Home13 land Security shall execute all lawful writs, process, and 

14 orders issued under the authority of the United States, 

15 and shall command all necessary assistance to execute the 

16 Secretary’s duties. 

17 (b) STATE AND LOCAL COOPERATION WITH DHS 

18 DETAINERS.—A State, or a political subdivision of a 

19 State, that has in effect a statute or policy or practice 

20 providing that it not comply with any Department of 

21 Homeland Security detainer ordering that it temporarily 

22 hold an alien in their custody so that the alien may be 

23 taken into Federal custody, or transport the alien for 

24 transfer to Federal custody, shall not be eligible to re25 ceive— 


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1 (1) any of the funds that would otherwise be al2 located to the State or political subdivision under 

3 section 241(i) of the Immigration and Nationality 

4 Act (8 U.S.C. 1231(i)) or the ‘‘Cops on the Beat’’ 

5 program under part Q of title I of the Omnibus 

6 Crime Control and Safe Streets Act of 1968 (42 

7 U.S.C. 3796dd et seq.); or 

8 (2) any other law enforcement or Department 

9 of Homeland Security grant. 

10 (c) IMMUNITY.—A State or a political subdivision of 

11 a State acting in compliance with a Department of Home12 land Security detainer who temporarily holds aliens in its 

13 custody so that they may be taken into Federal custody, 

14 or transports the aliens for transfer to Federal custody, 

15 shall be considered to be acting under color of Federal 

16 authority for purposes of determining its liability, and im17 munity from suit, in civil actions brought by the aliens 

18 under Federal or State law. 

19 (d) PROBABLE CAUSE.—It is the sense of Congress 

20 that the Department of Homeland Security has probable 

21 cause to believe that an alien is inadmissible or deportable 

22 when it issues a detainer regarding such alien under the 

23 standards in place on the date of introduction of this Act. 


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1 TITLE II—NATIONAL SECURITY 

2 SEC. 201. REMOVAL OF, AND DENIAL OF BENEFITS TO, TER3 RORIST ALIENS. 

4 (a) ASYLUM.—Section 208(b)(2)(A) of the Immigra5 tion and Nationality Act (8 U.S.C. 1158(b)(2)(A)) is 

6 amended— 

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

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

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

10 ‘‘(v) the alien is described in subpara11 graph (B)(i) or (F) of section 212(a)(3), 

12 unless, in the case of an alien described in 

13 subparagraph (IV) of section 

14 212(a)(3)(B)(i), the Secretary of Home15 land Security or the Attorney General de16 termines, in the discretion of the Secretary 

17 or the Attorney General, that there are not 

18 reasonable grounds for regarding the alien 

19 as a danger to the security of the United 

20 States; or’’. 

21 (b) CANCELLATION OF REMOVAL.—Section 

22 240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) is amend23 ed— 

24 (1) by striking ‘‘inadmissible under’’ and insert25 ing ‘‘described in’’; and 


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1 (2) by striking ‘‘deportable under’’ and insert2 ing ‘‘described in’’. 

3 (c) VOLUNTARY DEPARTURE.—Section 

4 240B(b)(1)(C) of such Act (8 U.S.C. 1229c(b)(1)(C)) is 

5 amended by striking ‘‘deportable under section 

6 237(a)(2)(A)(iii) or section 237(a)(4);’’ and inserting ‘‘de7 scribed in paragraph (2)(A)(iii) or (4) of section 237(a);’’. 

8 (d) RESTRICTION ON REMOVAL.—Section 

9 241(b)(3)(B) of such Act (8 U.S.C. 1231(b)(3)(B)) is 

10 amended— 

11 (1) in the matter preceding clause (i), by insert12 ing ‘‘or the Secretary of Homeland Security’’ after 

13 ‘‘Attorney General’’ each place it appears; 

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

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

16 end and inserting a semicolon; 

17 (4) by striking the flush matter that follows 

18 after clause (iv); and 

19 (5) by inserting after clause (iv) the following: 

20 ‘‘(v) the alien is described in subpara21 graph (B)(i) or (F) of section 212(a)(3); 

22 or’’. 

23 (e) RECORD OF ADMISSION.— 

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

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


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1 ‘‘RECORD OF ADMISSION FOR PERMANENT RESIDENCE IN

2 THE CASE OF CERTAIN ALIENS WHO ENTERED THE

3 UNITED STATES PRIOR TO JANUARY 1, 1972

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

5 the discretion of the Secretary and under such regulations 

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

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

9 alien— 

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

11 1, 1972; 

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

13 States since such entry; 

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

15 since such entry; 

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

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

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

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

20 cause fail or refuse to attend or remain in attend21 ance at a proceeding to determine the alien’s inad22 missibility or deportability. 

23 Such recordation shall be effective as of the date of ap24 proval of the application or as of the date of entry if such 

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


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

3 relating to section 249 to read as follows: 

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

aliens who entered the United States prior to January 1, 

1972.’’. 

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

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

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

7 241(b)(3), and 249 of the Immigration and Nationality 

8 Act, as so amended, shall apply to— 

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

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

12 the date of the enactment of this Act; and 

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

15 acts and conditions constituting a ground for exclu16 sion, deportation, or removal occurring or existing 

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

18 Act. 

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

20 (a) DEFINITION OF GOOD MORAL CHARACTER.— 

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

22 U.S.C. 1101(f)) is amended— 

23 (1) in the matter preceding paragraph (1), by 

24 striking ‘‘who, during the period for which good 


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1 moral character is required to be established, is,’’ 

2 and inserting ‘‘who is’’; 

3 (2) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) one who the Secretary of Homeland Secu6 rity or Attorney General determines to have been at 

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

8 237(a)(4), which determination may be based upon 

9 any relevant information or evidence, including clas10 sified, sensitive, or national security information;’’; 

11 (3) in paragraph (8), by striking ‘‘subsection 

12 (a)(43));’’ and inserting ‘‘subsection (a)(43)), re13 gardless whether the crime was classified as an ag14 gravated felony at the time of conviction;’’; and 

15 (4) in the matter following paragraph (9), by 

16 striking the first sentence and inserting the fol17 lowing: ‘‘The fact that any person is not within any 

18 of the foregoing classes shall not preclude a discre19 tionary finding for other reasons that such a person 

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

21 or the Attorney General shall not be limited to the 

22 applicant’s conduct during the period for which good 

23 moral character is required, but may take into con24 sideration as a basis for determination the appli25 cant’s conduct and acts at any time.’’. 


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

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

3 to read as follows: 

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

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

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

7 such date.’’. 

8 (c) TECHNICAL CORRECTION TO THE INTELLIGENCE

9 REFORM ACT.—Section 5504(2) of the Intelligence Re10 form and Terrorism Prevention Act of 2004 (Public Law 

11 108–458) is amended by striking ‘‘adding at the end’’ and 

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

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

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

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

16 before, on, or after such date and shall apply to any appli17 cation for naturalization or any other benefit or relief, or 

18 any other case or matter under the immigration laws 

19 pending on or filed after such date. The amendments 

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

21 the Intelligence Reform and Terrorism Prevention Act of 

22 2004 (Public Law 108–458). 

23 SEC. 203. TERRORIST BAR TO NATURALIZATION. 

24 (a) NATURALIZATION OF PERSONS ENDANGERING

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1 tion and Nationality Act (8 U.S.C. 1427) is amended by 

2 adding at the end the following: 

3 ‘‘(g) PERSONS ENDANGERING THE NATIONAL SECU4 RITY.—No person shall be naturalized who the Secretary 

5 of Homeland Security determines to have been at any time 

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

7 determination may be based upon any relevant informa8 tion or evidence, including classified, sensitive, or national 

9 security information.’’. 

10 (b) CONCURRENT NATURALIZATION AND REMOVAL

11 PROCEEDINGS.—Section 318 of the Immigration and Na12 tionality Act (8 U.S.C. 1429) is amended by striking 

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

14 for naturalization shall be considered by the Secretary of 

15 Homeland Security or any court if there is pending 

16 against the applicant any removal proceeding or other pro17 ceeding to determine the applicant’s inadmissibility or de18 portability, or to determine whether the applicant’s lawful 

19 permanent resident status should be rescinded, regardless 

20 of when such proceeding was commenced: Provided, That 

21 the findings of the Attorney General in terminating re22 moval proceedings or in canceling the removal of an alien 

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

24 binding in any way upon the Secretary of Homeland Secu25 rity with respect to the question of whether such person 


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1 has established his eligibility for naturalization as required 

2 by this title;’’. 

3 (c) PENDING DENATURALIZATION OR REMOVAL

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

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

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

7 pursuant to this section if there is any administrative or 

8 judicial proceeding (whether civil or criminal) pending 

9 against the petitioner that could (whether directly or indi10 rectly) result in the petitioner’s denaturalization or the 

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

12 (d) CONDITIONAL PERMANENT RESIDENTS.—Sec13 tions 216(e) and section 216A(e) of the Immigration and 

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

15 each amended by striking the period at the end and insert16 ing ‘‘, if the alien has had the conditional basis removed 

17 pursuant to this section.’’. 

18 (e) DISTRICT COURT JURISDICTION.—Subsection 

19 336(b) of the Immigration and Nationality Act (8 U.S.C. 

20 1447(b)) is amended to read as follows: 

21 ‘‘(b) If there is a failure to render a final administra22 tive decision under section 335 before the end of the 180- 

23 day period after the date on which the Secretary of Home24 land Security completes all examinations and interviews 

25 conducted under such section, as such terms are defined 


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1 by the Secretary of Homeland Security pursuant to regu2 lations, the applicant may apply to the district court for 

3 the district in which the applicant resides for a hearing 

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

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

6 Secretary of Homeland Security for the Secretary’s deter7 mination on the application.’’. 

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

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

10 is amended— 

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

12 is 120 days after the Secretary of Homeland Secu13 rity’s final determination,’’ after ‘‘seek’’; and 

14 (2) by striking the second sentence and insert15 ing the following: ‘‘The burden shall be upon the pe16 titioner to show that the Secretary’s denial of the 

17 application was not supported by facially legitimate 

18 and bona fide reasons. Except in a proceeding under 

19 section 340, notwithstanding any other provision of 

20 law (statutory or nonstatutory), including section 

21 2241 of title 28, United States Code, or any other 

22 habeas corpus provision, and sections 1361 and 

23 1651 of such title, no court shall have jurisdiction 

24 to determine, or to review a determination of the 

25 Secretary made at any time regarding, whether, for 


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1 purposes of an application for naturalization, an 

2 alien is a person of good moral character, whether 

3 the alien understands and is attached to the prin4 ciples of the Constitution of the United States, or 

5 whether an alien is well disposed to the good order 

6 and happiness of the United States.’’. 

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

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

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

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

11 naturalization or any other case or matter under the immi12 gration laws pending on, or filed after, such date. 

13 SEC. 204. DENATURALIZATION FOR TERRORISTS. 

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

15 and Nationality Act is amended— 

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

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

18 (2) by inserting after subsection (e) the fol19 lowing: 

20 ‘‘(f)(1) If a person who has been naturalized partici21 pates in any act described in paragraph (2), the Attorney 

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

23 naturalization, such person was not attached to the prin24 ciples of the Constitution of the United States and was 

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


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

2 finding shall set aside the order admitting such person to 

3 citizenship and cancel the certificate of naturalization as 

4 having been obtained by concealment of a material fact 

5 or by willful misrepresentation, and such revocation and 

6 setting aside of the order admitting such person to citizen7 ship and such canceling of certificate of naturalization 

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

9 certificate, respectively. 

10 ‘‘(2) The acts described in this paragraph are the fol11 lowing: 

12 ‘‘(A) Any activity a purpose of which is the op13 position to, or the control or overthrow of, the Gov14 ernment of the United States by force, violence, or 

15 other unlawful means. 

16 ‘‘(B) Engaging in a terrorist activity (as de17 fined in clauses (iii) and (iv) of section 

18 212(a)(3)(B)). 

19 ‘‘(C) Incitement of terrorist activity under cir20 cumstances indicating an intention to cause death or 

21 serious bodily harm. 

22 ‘‘(D) Receiving military-type training (as de23 fined in section 2339D(c)(1) of title 18, United 

24 States Code) from or on behalf of any organization 

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


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1 terrorist organization (as defined in section 

2 212(a)(3)(B)(vi)).’’. 

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

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and shall apply to acts that occur on 

6 or after such date. 

7 SEC. 205. USE OF 1986 IRCA LEGALIZATION INFORMATION 

8 FOR NATIONAL SECURITY PURPOSES. 

9 (a) SPECIAL AGRICULTURAL WORKERS.—Section 

10 210(b)(6) of the Immigration and Nationality Act (8 

11 U.S.C. 1160(b)(6)) is amended— 

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

13 such term appears and inserting ‘‘Secretary of 

14 Homeland Security’’; 

15 (2) in subparagraph (A), by striking ‘‘Depart16 ment of Justice,’’ and inserting ‘‘Department of 

17 Homeland Security,’’; 

18 (3) by redesignating subparagraphs (C) and 

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

20 (4) by inserting after subparagraph (B) the fol21 lowing: 

22 ‘‘(C) AUTHORIZED DISCLOSURES.— 

23 ‘‘(i) CENSUS PURPOSE.—The Sec24 retary of Homeland Security may provide, 

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1 formation furnished under this section in 

2 the same manner and circumstances as 

3 census information may be disclosed under 

4 section 8 of title 13, United States Code. 

5 ‘‘(ii) NATIONAL SECURITY PUR6 POSE.—The Secretary of Homeland Secu7 rity may provide, in his discretion, for the 

8 furnishing, use, publication, or release of 

9 information furnished under this section in 

10 any investigation, case, or matter, or for 

11 any purpose, relating to terrorism, national 

12 intelligence or the national security.’’; and 

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

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

15 Homeland Security’’. 

16 (b) ADJUSTMENT OF STATUS UNDER THE IMMIGRA17 TION REFORM AND CONTROL ACT OF 1986.—Section 

18 245A(c)(5) of the Immigration and Nationality Act (8 

19 U.S.C. 1255a(c)(5)), is amended— 

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

21 such term appears and inserting ‘‘Secretary of 

22 Homeland Security’’; 

23 (2) in subparagraph (A), by striking ‘‘Depart24 ment of Justice,’’ and inserting ‘‘Department of 

25 Homeland Security,’’; 


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

2 follows: 

3 ‘‘(C) AUTHORIZED DISCLOSURES.— 

4 ‘‘(i) CENSUS PURPOSE.—The Sec5 retary of Homeland Security may provide, 

6 in his discretion, for the furnishing of in7 formation furnished under this section in 

8 the same manner and circumstances as 

9 census information may be disclosed under 

10 section 8 of title 13, United States Code. 

11 ‘‘(ii) NATIONAL SECURITY PUR12 POSE.—The Secretary of Homeland Secu13 rity may provide, in his discretion, for the 

14 furnishing, use, publication, or release of 

15 information furnished under this section in 

16 any investigation, case, or matter, or for 

17 any purpose, relating to terrorism, national 

18 intelligence or the national security.’’; and 

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

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

21 SEC. 206. BACKGROUND AND SECURITY CHECKS. 

22 (a) REQUIREMENT TO COMPLETE BACKGROUND AND

23 SECURITY CHECKS.—Section 103 of the Immigration and 

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

25 at the end the following: 


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

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

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

4 1651 of title 28, United States Code, and section 706(1) 

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

6 Homeland Security, the Attorney General, nor any court 

7 may— 

8 ‘‘(1) grant, or order the grant of or adjudica9 tion of an application for adjustment of status to 

10 that of an alien lawfully admitted for permanent res11 idence; 

12 ‘‘(2) grant, or order the grant of or adjudica13 tion of an application for United States citizenship 

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

15 employment authorization, or other benefit under 

16 the immigration laws; 

17 ‘‘(3) grant, or order the grant of or adjudica18 tion of, any immigrant or nonimmigrant petition; or 

19 ‘‘(4) issue or order the issuance of any docu20 mentation evidencing or related to any such grant, 

21 until such background and security checks as the 

22 Secretary may in his discretion require have been 

23 completed or updated to the satisfaction of the Sec24 retary. 


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

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

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

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

6 Security nor the Attorney General may be required to— 

7 ‘‘(1) grant, or order the grant of or adjudica8 tion of an application for adjustment of status to 

9 that of an alien lawfully admitted for permanent res10 idence, 

11 ‘‘(2) grant, or order the grant of or adjudica12 tion of an application for United States citizenship 

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

14 employment authorization, or other benefit under 

15 the immigration laws, 

16 ‘‘(3) grant, or order the grant of or adjudica17 tion of, any immigrant or nonimmigrant petition, or 

18 ‘‘(4) issue or order the issuance of any docu19 mentation evidencing or related to any such grant, 

20 until any suspected or alleged materially false infor21 mation, material misrepresentation or omission, con22 cealment of a material fact, fraud or forgery, coun23 terfeiting, or alteration, or falsification of a docu24 ment, as determined by the Secretary, relating to 

25 the adjudication of an application or petition for any 


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1 status (including the granting of adjustment of sta2 tus), relief, protection from removal, or other benefit 

3 under this subsection has been investigated and re4 solved to the Secretary’s satisfaction. 

5 ‘‘(j) Notwithstanding any other provision of law (stat6 utory or nonstatutory), including section 309 of the En7 hanced Border Security and Visa Entry Reform Act (8 

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

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

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

11 the acts in subsection (h) or (i) to be completed by a cer12 tain time or award any relief for failure to complete or 

13 delay in completing such acts.’’. 

14 (b) CONSTRUCTION.— 

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

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

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

18 ‘‘CONSTRUCTION

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

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

21 shall be construed to require the Secretary of Homeland 

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

23 Secretary of Labor, or a consular officer to grant any ap24 plication, approve any petition, or grant or continue any 

25 relief, protection from removal, employment authorization, 


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1 or any other status or benefit under the immigration laws 

2 by, to, or on behalf of— 

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

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

5 or 

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

7 or other proceeding or investigation is open or pend8 ing (including, but not limited to, issuance of an ar9 rest warrant, detainer, or indictment), where such 

10 proceeding or investigation is deemed by the official 

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

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

13 ‘‘(b) DENIAL OR WITHHOLDING OF ADJUDICA14 TION.—An official described in subsection (a) may, in the 

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

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

17 withhold adjudication of pending resolution of the inves18 tigation or case (with respect to an alien described in sub19 section (a)(2) of this section) any application, petition, re20 lief, protection from removal, employment authorization, 

21 status or benefit. 

22 ‘‘(c) JURISDICTION.—Notwithstanding any other pro23 vision of law (statutory or nonstatutory), including section 

24 309 of the Enhanced Border Security and Visa Entry Re25 form Act (8 U.S.C. 1738), sections 1361 and 1651 of title 


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

2 United States Code, no court shall have jurisdiction to re3 view a decision to deny or withhold adjudication pursuant 

4 to subsection (b) of this section. 

5 ‘‘(d) WITHHOLDING OF REMOVAL AND TORTURE

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

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

8 Convention Against Torture and Other Cruel, Inhuman or 

9 Degrading Treatment or Punishment, subject to any res10 ervations, understandings, declarations and provisos con11 tained in the United States Senate resolution of ratifica12 tion of the Convention, as implemented by section 2242 

13 of the Foreign Affairs Reform and Restructuring Act of 

14 1998 (Public Law 105–277) with respect to an alien oth15 erwise eligible for protection under such provisions.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents for such Act is amended by inserting after the 

18 item relating to section 361 the following: 

‘‘Sec. 362. Construction.’’. 

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

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

21 of this Act and shall apply to applications for immigration 

22 benefits pending on or after such date. 


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1 SEC. 207. TECHNICAL AMENDMENTS RELATING TO THE IN2 TELLIGENCE REFORM AND TERRORISM PRE3 VENTION ACT OF 2004. 

4 (a) TRANSIT WITHOUT VISA PROGRAM.—Section 

5 7209(d) of the Intelligence Reform and Terrorism Preven6 tion Act of 2004 (8 U.S.C. 1185 note) is amended by 

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

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

9 Homeland Security, in consultation with the Secretary of 

10 State,’’. 

11 (b) TECHNOLOGY ACQUISITION AND DISSEMINATION

12 PLAN.—Section 7201(c)(1) of such Act is amended by in13 serting ‘‘and the Department of State’’ after ‘‘used by the 

14 Department of Homeland Security’’. 

15 TITLE III—REMOVAL OF 

16 CRIMINAL ALIENS 

17 SEC. 301. DEFINITION OF AGGRAVATED FELONY. 

18 (a) DEFINITION OF AGGRAVATED FELONY.—Section 

19 101(a)(43) of the Immigration and Nationality Act (8 

20 U.S.C. 1101(a)(43)) is amended— 

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

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

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

24 to an offense described in this paragraph, whether in 

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

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


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1 imprisonment was completed within the previous 15 

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

3 for the offense is based on recidivist or other en4 hancements and regardless of whether the conviction 

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

6 and means—’’; 

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

8 rape, or sexual abuse of a minor;’’ and inserting ‘‘an 

9 offense relating to murder, manslaughter, homicide, 

10 rape (whether the victim was conscious or uncon11 scious), or any offense of a sexual nature involving 

12 a victim under the age of 18 years;’’; 

13 (3) in subparagraph (B), by inserting ‘‘an of14 fense relating to’’ before ‘‘illicit trafficking’’; 

15 (4) in subparagraph (C), by inserting ‘‘an of16 fense relating to’’ before ‘‘illicit trafficking in fire17 arms’’; 

18 (5) in subparagraph (F), by inserting ‘‘an of19 fense relating to’’ before ‘‘a crime of violence’’; 

20 (6) in subparagraph (G), by striking ‘‘a theft 

21 offense (including receipt of stolen property) or a 

22 burglary offense’’ and inserting ‘‘an offense relating 

23 to theft (including receipt of stolen property) or bur24 glary’’; 


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

2 and inserting ‘‘2252, or 2252A’’; 

3 (8) in subparagraph (N), by striking ‘‘para4 graph (1)(A) or (2) of’’ and all that follows through 

5 the end and inserting ‘‘section 274(a) (relating to 

6 alien smuggling);’’; 

7 (9) in subparagraph (O), by striking ‘‘section 

8 275(a) or 276 committed by an alien who was pre9 viously deported on the basis of a conviction for an 

10 offense described in another subparagraph of this 

11 paragraph;’’ and inserting ‘‘section 275 or 276 for 

12 which the term of imprisonment is at least 6 

13 months;’’; 

14 (10) in subparagraph (U), by striking ‘‘an at15 tempt or conspiracy to commit an offense described 

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

17 conspiring to commit an offense described in this 

18 paragraph, or aiding, abetting, counseling, pro19 curing, commanding, inducing, or soliciting the com20 mission of such an offense’’; and 

21 (11) by striking the undesignated matter fol22 lowing subparagraph (U). 

23 (b) EFFECTIVE DATE; APPLICATION OF AMEND24 MENTS.— 


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

2 subsection (a)— 

3 (A) shall take effect on the date of the en4 actment of this Act; and 

5 (B) shall apply to any act or conviction 

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

7 (2) APPLICATION OF IIRIRA AMENDMENTS.— 

8 The amendments to section 101(a)(43) of the Immi9 gration and Nationality Act (8 U.S.C. 1101(a)(43)) 

10 made by section 321 of the Illegal Immigration Re11 form and Immigrant Responsibility Act of 1996 (di12 vision C of Public Law 104–208; 110 Stat. 3009– 

13 627) shall continue to apply, whether the conviction 

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

15 SEC. 302. PRECLUDING ADMISSIBILITY OF ALIENS CON16 VICTED OF AGGRAVATED FELONIES OR 

17 OTHER SERIOUS OFFENSES. 

18 (a) INADMISSIBILITY ON CRIMINAL AND RELATED

19 GROUNDS; WAIVERS.—Section 212 of the Immigration 

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

21 (1) in subsection (a)(2)(A)(i)— 

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

23 the end; 

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

25 the end; and 


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

2 following: 

3 ‘‘(III) a violation of (or a con4 spiracy or attempt to violate) an of5 fense described in section 408 of title 

6 42, United States Code (relating to 

7 social security account numbers or so8 cial security cards) or section 1028 of 

9 title 18, United States Code (relating 

10 to fraud and related activity in con11 nection with identification documents, 

12 authentication features, and informa13 tion),’’; 

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

15 the following: 

16 ‘‘(J) PROCUREMENT OF CITIZENSHIP OR

17 NATURALIZATION UNLAWFULLY.—Any alien 

18 convicted of, or who admits having committed, 

19 or who admits committing acts which constitute 

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

21 attempt or a conspiracy to violate, subsection 

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

23 States Code (relating to the procurement of 

24 citizenship or naturalization unlawfully) is inad25 missible. 


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

2 alien who at any time has been convicted under 

3 any law of, or who admits having committed or 

4 admits committing acts which constitute the es5 sential elements of, purchasing, selling, offering 

6 for sale, exchanging, using, owning, possessing, 

7 or carrying, or of attempting or conspiring to 

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

9 own, possess, or carry, any weapon, part, or ac10 cessory which is a firearm or destructive device 

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

12 States Code) in violation of any law is inadmis13 sible. 

14 ‘‘(L) AGGRAVATED FELONS.—Any alien 

15 who has been convicted of an aggravated felony 

16 at any time is inadmissible. 

17 ‘‘(M) CRIMES OF DOMESTIC VIOLENCE, 

18 STALKING, OR VIOLATION OF PROTECTION OR19 DERS, CRIMES AGAINST CHILDREN.— 

20 ‘‘(i) DOMESTIC VIOLENCE, STALKING, 

21 AND CHILD ABUSE.—Any alien who at any 

22 time is convicted of, or who admits having 

23 committed or admits committing acts 

24 which constitute the essential elements of, 

25 a crime of domestic violence, a crime of 


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1 stalking, or a crime of child abuse, child 

2 neglect, or child abandonment is inadmis3 sible. For purposes of this clause, the term 

4 ‘crime of domestic violence’ means any 

5 crime of violence (as defined in section 16 

6 of title 18, United States Code) against a 

7 person committed by a current or former 

8 spouse of the person, by an individual with 

9 whom the person shares a child in com10 mon, by an individual who is cohabiting 

11 with or has cohabited with the person as a 

12 spouse, by an individual similarly situated 

13 to a spouse of the person under the domes14 tic or family violence laws of the jurisdic15 tion where the offense occurs, or by any 

16 other individual against a person who is 

17 protected from that individual’s acts under 

18 the domestic or family violence laws of the 

19 United States or any State, Indian tribal 

20 government, or unit of local or foreign gov21 ernment. 

22 ‘‘(ii) VIOLATORS OF PROTECTION OR23 DERS.—Any alien who at any time is en24 joined under a protection order issued by 

25 a court and whom the court determines 


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1 has engaged in conduct that violates the 

2 portion of a protection order that involves 

3 protection against credible threats of vio4 lence, repeated harassment, or bodily in5 jury to the person or persons for whom the 

6 protection order was issued is inadmissible. 

7 For purposes of this clause, the term ‘pro8 tection order’ means any injunction issued 

9 for the purpose of preventing violent or 

10 threatening acts of domestic violence, in11 cluding temporary or final orders issued by 

12 civil or criminal courts (other than support 

13 or child custody orders or provisions) 

14 whether obtained by filing an independent 

15 action or as a independent order in an16 other proceeding. 

17 ‘‘(iii) WAIVER AUTHORIZED.—The 

18 waiver authority available under section 

19 237(a)(7) with respect to section 

20 237(a)(2)(E)(i) shall be available on a 

21 comparable basis with respect to this sub22 paragraph.’’; and 

23 (3) in subsection (h)— 

24 (A) by striking ‘‘The Attorney General 

25 may, in his discretion, waive the application of 


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

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

3 General or the Secretary of Homeland Security 

4 may, in the discretion of the Attorney General 

5 or the Secretary, waive the application of sub6 paragraphs (A)(i)(I), (III), (B), (D), (E), or 

7 (M) of subsection (a)(2)’’; 

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

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

10 torture, or has been convicted of an aggravated 

11 felony.’’; 

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

13 such admission the alien has been convicted of 

14 an aggravated felony or the alien’’ and inserting 

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

16 and 

17 (D) by inserting ‘‘or Secretary of Home18 land Security’’ after ‘‘the Attorney General’’ 

19 each place it appears. 

20 (b) DEPORTABILITY; CRIMINAL OFFENSES.—Section 

21 237(a)(3)(B) of the Immigration and Nationality Act (8 

22 U.S.C. 1227(a)(3)(B)) is amended— 

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

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

25 and 


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

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

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

4 or (b) of title 18 (relating to the procure5 ment of citizenship or naturalization un6 lawfully),’’. 

7 (c) DEPORTABILITY; OTHER CRIMINAL OFFENSES.— 

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

9 (8 U.S.C. 1227(a)(2)) is amended by adding at the end 

10 the following: 

11 ‘‘(G) FRAUD AND RELATED ACTIVITY AS12 SOCIATED WITH SOCIAL SECURITY ACT BENE13 FITS AND IDENTIFICATION DOCUMENTS.—Any 

14 alien who at any time after admission has been 

15 convicted of a violation of (or a conspiracy or 

16 attempt to violate) section 208 of the Social Se17 curity Act (42 U.S.C. 408) (relating to social 

18 security account numbers or social security 

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

20 Code (relating to fraud and related activity in 

21 connection with identification) is deportable.’’. 

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

23 this section shall apply— 

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

25 the date of the enactment of this Act; and 


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

2 admissibility on or after such date, and in all re3 moval, deportation, or exclusion proceedings that are 

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

5 (e) CONSTRUCTION.—The amendments made by sub6 section (a) shall not be construed to create eligibility for 

7 relief from removal under former section 212(c) of the Im8 migration and Nationality Act where such eligibility did 

9 not exist before these amendments became effective. 

10 SEC. 303. ESPIONAGE CLARIFICATION. 

11 Section 212(a)(3)(A) of the Immigration and Nation12 ality Act (8 U.S.C. 1182(a)(3)(A)), is amended to read 

13 as follows: 

14 ‘‘(A) IN GENERAL.—Any alien who a con15 sular officer, the Attorney General, or the Sec16 retary of Homeland Security knows, or has rea17 sonable ground to believe, seeks to enter the 

18 United States to engage solely, principally, or 

19 incidentally in, or who is engaged in, or with re20 spect to clauses (i) and (iii) of this subpara21 graph has engaged in— 

22 ‘‘(i) any activity— 

23 ‘‘(I) to violate any law of the 

24 United States relating to espionage or 

25 sabotage; or 


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1 ‘‘(II) to violate or evade any law 

2 prohibiting the export from the 

3 United States of goods, technology, or 

4 sensitive information; 

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

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

7 is the opposition to, or the control or over8 throw of, the Government of the United 

9 States by force, violence, or other unlawful 

10 means; 

11 is inadmissible.’’. 

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

13 THE POSSESSION OF FIREARMS BY, CERTAIN 

14 ALIENS. 

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

16 amended— 

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

18 by striking ‘‘(y)(2)’’ and all that follows and insert19 ing ‘‘(y), is in the United States not as an alien law20 fully admitted for permanent residence;’’; 

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

22 by striking ‘‘(y)(2)’’ and all that follows and insert23 ing ‘‘(y), is in the United States not as an alien law24 fully admitted for permanent residence;’’; and 

25 (3) in subsection (y)— 


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

2 UNDER NONIMMIGRANT VISAS.—’’ and insert3 ing ‘‘NOT LAWFULLY ADMITTED FOR PERMA4 NENT RESIDENCE.—’’; 

5 (B) in paragraph (1), by amending sub6 paragraph (B) to read as follows: 

7 ‘‘(B) the term ‘lawfully admitted for per8 manent residence’ has the same meaning as in 

9 section 101(a)(20) of the Immigration and Na10 tionality Act (8 U.S.C. 1101(a)(20)).’’; 

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

12 nonimmigrant visa’’ and inserting ‘‘but not law13 fully admitted for permanent residence’’; and 

14 (D) in paragraph (3)(A), by striking ‘‘ad15 mitted to the United States under a non16 immigrant visa’’ and inserting ‘‘lawfully admit17 ted to the United States but not as an alien 

18 lawfully admitted for permanent residence’’. 

19 SEC. 305. UNIFORM STATUTE OF LIMITATIONS FOR CER20 TAIN IMMIGRATION, NATURALIZATION, AND 

21 PEONAGE OFFENSES. 

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

23 amended by striking ‘‘No person’’ and all that follows 

24 through the period at the end and inserting the following: 

25 ‘‘No person shall be prosecuted, tried, or punished for a 


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1 violation of any section of chapters 69 (relating to nation2 ality and citizenship offenses) and 75 (relating to pass3 port, visa, and immigration offenses), or for a violation 

4 of any criminal provision of section 243, 266, 274, 275, 

5 276, 277, or 278 of the Immigration and Nationality Act, 

6 or for an attempt or conspiracy to violate any such section, 

7 unless the indictment is returned or the information is 

8 filed within ten years after the commission of the of9 fense.’’. 

10 SEC. 306. CONFORMING AMENDMENT TO THE DEFINITION 

11 OF RACKETEERING ACTIVITY. 

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

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

14 1546 (relating to fraud and misuse of visas, permits, and 

15 other documents)’’ and inserting ‘‘sections 1541–1548 (re16 lating to passports and visas)’’. 

17 SEC. 307. CONFORMING AMENDMENTS FOR THE AGGRA18 VATED FELONY DEFINITION. 

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

20 101(a)(43) of the Immigration and Nationality Act (8 

21 U.S.C. 1101(a)(43)) is amended to read as follows: 

22 ‘‘(P) an offense which is described in any 

23 section of chapter 75 of title 18, United States 

24 Code, for which the term of imprisonment is at 

25 least 12 months;’’. 


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

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

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

5 SEC. 308. PRECLUDING REFUGEE OR ASYLEE ADJUSTMENT 

6 OF STATUS FOR AGGRAVATED FELONS. 

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

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

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

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

12 section.’’. 

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

14 subsection (a) shall apply— 

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

16 the date of the enactment of this Act; and 

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

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

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

21 SEC. 309. PRECLUDING WITHHOLDING OF REMOVAL FOR 

22 AGGRAVATED FELONS. 

23 (a) IN GENERAL.—Section 241(b)(3)(B) (8 U.S.C. 

24 1231(b)(3)(B)), as amended by section 201, is further 


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1 amended by inserting after clause (v), as inserted by sec2 tion 201, the following: 

3 ‘‘(vi) the alien is convicted of an ag4 gravated felony.’’. 

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

6 subsection (a) shall apply— 

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

8 the date of the enactment of this Act; and 

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

10 admissibility on or after such date, and in all re11 moval, deportation, or exclusion proceedings that are 

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

13 SEC. 310. INADMISSIBILITY AND DEPORTABILITY OF 

14 DRUNK DRIVERS. 

15 (a) IN GENERAL.—Section 101(a)(43) of the Immi16 gration and Nationality Act (8 U.S.C. 1101(a)(43)) (as 

17 amended by this Act) is further amended— 

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

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

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

21 (3) by inserting after subparagraph (U) the fol22 lowing: 

23 ‘‘(V) a second or subsequent conviction for 

24 driving while intoxicated (including a conviction 

25 for driving while under the influence of or imVerDate Sep 11 2014 06:34 Jun 24, 2015 Jkt 049200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 paired by alcohol or drugs) without regard to 

2 whether the conviction is classified as a mis3 demeanor or felony under State law.’’. 

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

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

6 of this Act and apply to convictions entered on or after 

7 such date. 

8 SEC. 311. DETENTION OF DANGEROUS ALIENS. 

9 (a) IN GENERAL.—Section 241(a) of the Immigra10 tion and Nationality Act (8 U.S.C. 1231(a)) is amended— 

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

12 it appears, except for the first reference in para13 graph (4)(B)(i), and inserting ‘‘Secretary of Home14 land Security’’; 

15 (2) in paragraph (1), by amending subpara16 graph (B) to read as follows: 

17 ‘‘(B) BEGINNING OF PERIOD.—The re18 moval period begins on the latest of the fol19 lowing: 

20 ‘‘(i) The date the order of removal be21 comes administratively final. 

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

23 of the Secretary on the date the order of 

24 removal becomes administratively final, the 

25 date the alien is taken into such custody. 


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1 ‘‘(iii) If the alien is detained or con2 fined (except under an immigration proc3 ess) on the date the order of removal be4 comes administratively final, the date the 

5 alien is taken into the custody of the Sec6 retary, after the alien is released from such 

7 detention or confinement.’’; 

8 (3) in paragraph (1), by amending subpara9 graph (C) to read as follows: 

10 ‘‘(C) SUSPENSION OF PERIOD.— 

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

12 shall be extended beyond a period of 90 

13 days and the Secretary may, in the Sec14 retary’s sole discretion, keep the alien in 

15 detention during such extended period if— 

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

17 make all reasonable efforts to comply 

18 with the removal order, or to fully co19 operate with the Secretary’s efforts to 

20 establish the alien’s identity and carry 

21 out the removal order, including mak22 ing timely application in good faith 

23 for travel or other documents nec24 essary to the alien’s departure or con25 spires or acts to prevent the alien’s 


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1 removal that is subject to an order of 

2 removal; 

3 ‘‘(II) a court, the Board of Immi4 gration Appeals, or an immigration 

5 judge orders a stay of removal of an 

6 alien who is subject to an administra7 tively final order of removal; 

8 ‘‘(III) the Secretary transfers 

9 custody of the alien pursuant to law 

10 to another Federal agency or a State 

11 or local government agency in connec12 tion with the official duties of such 

13 agency; or 

14 ‘‘(IV) a court or the Board of 

15 Immigration Appeals orders a remand 

16 to an immigration judge or the Board 

17 of Immigration Appeals, during the 

18 time period when the case is pending 

19 a decision on remand (with the re20 moval period beginning anew on the 

21 date that the alien is ordered removed 

22 on remand). 

23 ‘‘(ii) RENEWAL.—If the removal pe24 riod has been extended under clause (C)(i), 


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1 a new removal period shall be deemed to 

2 have begun on the date— 

3 ‘‘(I) the alien makes all reason4 able efforts to comply with the re5 moval order, or to fully cooperate with 

6 the Secretary’s efforts to establish the 

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

9 ‘‘(II) the stay of removal is no 

10 longer in effect; or 

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

12 custody of the Secretary. 

13 ‘‘(iii) MANDATORY DETENTION FOR

14 CERTAIN ALIENS.—In the case of an alien 

15 described in section 236(c)(1), the Sec16 retary shall keep that alien in detention 

17 during the extended period described in 

18 clause (i). 

19 ‘‘(iv) SOLE FORM OF RELIEF.—An 

20 alien may seek relief from detention under 

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

24 United States Code. No alien whose period 

25 of detention is extended under this subVerDate Sep 11 2014 06:34 Jun 24, 2015 Jkt 049200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 paragraph shall have the right to seek re2 lease on bond.’’; 

3 (4) in paragraph (3)— 

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

5 leave or is not removed within the removal pe6 riod’’ the following: ‘‘or is not detained pursu7 ant to paragraph (6) of this subsection’’; and 

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

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

11 alien’s conduct or activities that the Secretary 

12 prescribes for the alien, in order to prevent the 

13 alien from absconding, for the protection of the 

14 community, or for other purposes related to the 

15 enforcement of the immigration laws.’’; 

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

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

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

19 following: 

20 ‘‘(6) ADDITIONAL RULES FOR DETENTION OR

21 RELEASE OF CERTAIN ALIENS.— 

22 ‘‘(A) DETENTION REVIEW PROCESS FOR

23 COOPERATIVE ALIENS ESTABLISHED.—For an 

24 alien who is not otherwise subject to mandatory 

25 detention, who has made all reasonable efforts 


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1 to comply with a removal order and to cooper2 ate fully with the Secretary of Homeland Secu3 rity’s efforts to establish the alien’s identity and 

4 carry out the removal order, including making 

5 timely application in good faith for travel or 

6 other documents necessary to the alien’s depar7 ture, and who has not conspired or acted to 

8 prevent removal, the Secretary shall establish 

9 an administrative review process to determine 

10 whether the alien should be detained or released 

11 on conditions. The Secretary shall make a de12 termination whether to release an alien after 

13 the removal period in accordance with subpara14 graph (B). The determination shall include con15 sideration of any evidence submitted by the 

16 alien, and may include consideration of any 

17 other evidence, including any information or as18 sistance provided by the Secretary of State or 

19 other Federal official and any other information 

20 available to the Secretary of Homeland Security 

21 pertaining to the ability to remove the alien. 

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

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

25 Homeland Security, in the exercise of the 


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1 Secretary’s sole discretion, may continue to 

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

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

6 extended under this subparagraph shall 

7 have no right to seek release on bond. 

8 ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The 

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

11 may continue to detain an alien beyond the 

12 90 days authorized in clause (i)— 

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

14 the Secretary, in the Secretary’s sole 

15 discretion, determines that there is a 

16 significant likelihood that the alien— 

17 ‘‘(aa) will be removed in the 

18 reasonably foreseeable future; or 

19 ‘‘(bb) would be removed in 

20 the reasonably foreseeable future, 

21 or would have been removed, but 

22 for the alien’s failure or refusal 

23 to make all reasonable efforts to 

24 comply with the removal order, 

25 or to cooperate fully with the 


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1 Secretary’s efforts to establish 

2 the alien’s identity and carry out 

3 the removal order, including 

4 making timely application in 

5 good faith for travel or other doc6 uments necessary to the alien’s 

7 departure, or conspires or acts to 

8 prevent removal; 

9 ‘‘(II) until the alien is removed, 

10 if the Secretary of Homeland Security 

11 certifies in writing— 

12 ‘‘(aa) in consultation with 

13 the Secretary of Health and 

14 Human Services, that the alien 

15 has a highly contagious disease 

16 that poses a threat to public safe17 ty; 

18 ‘‘(bb) after receipt of a writ19 ten recommendation from the 

20 Secretary of State, that release 

21 of the alien is likely to have seri22 ous adverse foreign policy con23 sequences for the United States; 

24 ‘‘(cc) based on information 

25 available to the Secretary of 


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1 Homeland Security (including 

2 classified, sensitive, or national 

3 security information, and without 

4 regard to the grounds upon 

5 which the alien was ordered re6 moved), that there is reason to 

7 believe that the release of the 

8 alien would threaten the national 

9 security of the United States; or 

10 ‘‘(dd) that the release of the 

11 alien will threaten the safety of 

12 the community or any person, 

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

15 safety of the community or any 

16 person, and either— 

17 ‘‘(AA) the alien has 

18 been convicted of one or 

19 more aggravated felonies (as 

20 defined in section 

21 101(a)(43)(A)) or of one or 

22 more crimes identified by 

23 the Secretary of Homeland 

24 Security by regulation, or of 

25 one or more attempts or 


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1 conspiracies to commit any 

2 such aggravated felonies or 

3 such identified crimes, if the 

4 aggregate term of imprison5 ment for such attempts or 

6 conspiracies is at least 5 

7 years; or 

8 ‘‘(BB) the alien has 

9 committed one or more 

10 crimes of violence (as de11 fined in section 16 of title 

12 18, United States Code, but 

13 not including a purely polit14 ical offense) and, because of 

15 a mental condition or per16 sonality disorder and behav17 ior associated with that con18 dition or disorder, the alien 

19 is likely to engage in acts of 

20 violence in the future; or 

21 ‘‘(III) pending a certification 

22 under subclause (II), so long as the 

23 Secretary of Homeland Security has 

24 initiated the administrative review 

25 process not later than 30 days after 


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1 the expiration of the removal period 

2 (including any extension of the re3 moval period, as provided in para4 graph (1)(C)). 

5 ‘‘(iii) NO RIGHT TO BOND HEARING.— 

6 An alien whose detention is extended under 

7 this subparagraph shall have no right to 

8 seek release on bond, including by reason 

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

10 ‘‘(C) RENEWAL AND DELEGATION OF CER11 TIFICATION.— 

12 ‘‘(i) RENEWAL.—The Secretary of 

13 Homeland Security may renew a certifi14 cation under subparagraph (B)(ii)(II) 

15 every 6 months, after providing an oppor16 tunity for the alien to request reconsider17 ation of the certification and to submit 

18 documents or other evidence in support of 

19 that request. If the Secretary does not 

20 renew a certification, the Secretary may 

21 not continue to detain the alien under sub22 paragraph (B)(ii)(II). 

23 ‘‘(ii) DELEGATION.—Notwithstanding 

24 section 103, the Secretary of Homeland 

25 Security may not delegate the authority to 


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1 make or renew a certification described in 

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

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

4 Secretary for Immigration and Customs 

5 Enforcement. 

6 ‘‘(iii) HEARING.—The Secretary of 

7 Homeland Security may request that the 

8 Attorney General or the Attorney General’s 

9 designee provide for a hearing to make the 

10 determination described in item (dd)(BB) 

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

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

13 determined that an alien should be released 

14 from detention by a Federal court, the Board of 

15 Immigration Appeals, or if an immigration 

16 judge orders a stay of removal, the Secretary of 

17 Homeland Security, in the exercise of the Sec18 retary’s discretion, may impose conditions on 

19 release as provided in paragraph (3). 

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

21 Homeland Security, in the exercise of the Sec22 retary’s discretion, without any limitations 

23 other than those specified in this section, may 

24 again detain any alien subject to a final re25 moval order who is released from custody, if reVerDate Sep 11 2014 06:34 Jun 24, 2015 Jkt 049200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 moval becomes likely in the reasonably foresee2 able future, the alien fails to comply with the 

3 conditions of release, or to continue to satisfy 

4 the conditions described in subparagraph (A), 

5 or if, upon reconsideration, the Secretary, in 

6 the Secretary’s sole discretion, determines that 

7 the alien can be detained under subparagraph 

8 (B). This section shall apply to any alien re9 turned to custody pursuant to this subpara10 graph, as if the removal period terminated on 

11 the day of the redetention. 

12 ‘‘(F) REVIEW OF DETERMINATIONS BY

13 SECRETARY.—A determination by the Secretary 

14 under this paragraph shall not be subject to re15 view by any other agency.’’. 

16 (b) DETENTION OF ALIENS DURING REMOVAL PRO17 CEEDINGS.— 

18 (1) CLERICAL AMENDMENT.—Section 236 of 

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

20 1226) is amended— 

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

22 place it appears (except in the second place that 

23 term appears in subsection (a)) and inserting 

24 ‘‘Secretary of Homeland Security’’; 


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1 (B) in subsection (a) of such Act, by in2 serting ‘‘the Secretary of Homeland Security 

3 or’’ before ‘‘the Attorney General—’’; and 

4 (C) in subsection (e) by striking ‘‘Attorney 

5 General’s’’ and inserting ‘‘Secretary of Home6 land Security’s’’. 

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

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

9 the end the following: 

10 ‘‘(f) LENGTH OF DETENTION.— 

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

12 provision of this section, an alien may be detained, 

13 and for an alien described in subsection (c) shall be 

14 detained, under this section without time limitation, 

15 except as provided in subsection (h), during the 

16 pendency of removal proceedings. 

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

18 under this section shall not affect detention under 

19 section 241.’’. 

20 (3) DETENTION OF CRIMINAL ALIENS.—Section 

21 236(c)(1) of the Immigration and Nationality Act (8 

22 U.S.C. 1226(c)(1)) is amended to read as follows: 

23 ‘‘(1) CUSTODY.— 

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

25 Homeland Security shall take into custody any 


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1 alien who is described in paragraph (2) or (3) 

2 of section 212(a), section 237(a)(2), section 

3 237(a)(4), or who has no lawful status in the 

4 United States and has been convicted one or 

5 more times for driving while intoxicated (includ6 ing a conviction for driving while under the in7 fluence or impaired by alcohol or drugs), any 

8 time after the alien is released, without regard9 ing to whether— 

10 ‘‘(i) an alien is released related to any 

11 activity, offense, or conviction described in 

12 this paragraph; 

13 ‘‘(ii) the alien is released on parole, 

14 supervised release or probation; or 

15 ‘‘(iii) the alien may be arrested or im16 prisoned again for the same offense. 

17 ‘‘(B) SUBSEQUENT CUSTODY.—If the ac18 tivity described in this paragraph does not re19 sult in the alien being taken into custody by 

20 any person other than the Secretary of Home21 land Security, then when the alien is brought to 

22 the attention of the Secretary or when the Sec23 retary determines it is practical to take such 

24 alien into custody, the Secretary shall take such 

25 alien into custody.’’. 


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1 (4) RELEASE ON BOND.—Section 236 of the 

2 Immigration and Nationality Act (8 U.S.C. 1226), 

3 as amended by paragraph (2), is further amended by 

4 adding at the end the following: 

5 ‘‘(g) RELEASE ON BOND.— 

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

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

8 may be granted except to an alien who establishes 

9 by clear and convincing evidence that the alien is not 

10 a flight risk or a risk to another person or the com11 munity. 

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

13 detained under subsection (c) may seek release on 

14 bond.’’. 

15 (5) CLERICAL AMENDMENTS.—Section 236 of 

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

17 1226) is amended— 

18 (A) in subsection (a)(2)(B), by striking 

19 ‘‘conditional parole;’’ and inserting ‘‘recog20 nizance;’’; and 

21 (B) in subsection (b), by striking ‘‘parole’’ 

22 and inserting ‘‘recognizance’’. 

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

24 section or any amendment by this section, or the applica25 tion of any such provision to any person or circumstance, 


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

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

3 application of the provisions and of the amendments made 

4 by this section to any other person or circumstance shall 

5 not be affected by such holding. 

6 (d) EFFECTIVE DATES.— 

7 (1) SUBSECTION (a).—The amendments made 

8 by subsection (a) shall take effect upon the date of 

9 enactment of this Act, and section 241 of the Immi10 gration and Nationality Act, as so amended, shall in 

11 addition apply to— 

12 (A) all aliens subject to a final administra13 tive removal, deportation, or exclusion order 

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

15 the enactment of this Act; and 

16 (B) acts and conditions occurring or exist17 ing before, on, or after such date. 

18 (2) SUBSECTION (b).—The amendments made 

19 by subsection (b) shall take effect upon the date of 

20 the enactment of this Act, and section 236 of the 

21 Immigration and Nationality Act, as so amended, 

22 shall in addition apply to any alien in detention 

23 under provisions of such section on or after such 

24 date. 


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1 SEC. 312. GROUNDS OF INADMISSIBILITY AND DEPORT2 ABILITY FOR ALIEN GANG MEMBERS. 

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

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

5 1101(a)) is amended by adding at the end the following: 

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

7 group, club, organization, or association of 5 or more per8 sons that has as one of its primary purposes the commis9 sion of 1 or more of the following criminal offenses and 

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

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

12 that has been designated as a criminal gang by the Sec13 retary of Homeland Security, in consultation with the At14 torney General, as meeting these criteria. The offenses de15 scribed, whether in violation of Federal or State law or 

16 foreign law and regardless of whether the offenses oc17 curred before, on, or after the date of the enactment of 

18 this paragraph, are the following: 

19 ‘‘(i) A ‘felony drug offense’ (as defined in sec20 tion 102 of the Controlled Substances Act (21 

21 U.S.C. 802)). 

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

23 bringing in and harboring certain aliens), section 

24 277 (relating to aiding or assisting certain aliens to 

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

26 importation of alien for immoral purpose). 


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

2 16 of title 18, United States Code). 

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

4 tampering with or retaliating against a witness, vic5 tim, or informant, or burglary. 

6 ‘‘(v) Any conduct punishable under sections 

7 1028 and 1029 of title 18, United States Code (re8 lating to fraud and related activity in connection 

9 with identification documents or access devices), sec10 tions 1581 through 1594 of such title (relating to 

11 peonage, slavery and trafficking in persons), section 

12 1952 of such title (relating to interstate and foreign 

13 travel or transportation in aid of racketeering enter14 prises), section 1956 of such title (relating to the 

15 laundering of monetary instruments), section 1957 

16 of such title (relating to engaging in monetary trans17 actions in property derived from specified unlawful 

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

19 (relating to interstate transportation of stolen motor 

20 vehicles or stolen property). 

21 ‘‘(vi) A conspiracy to commit an offense de22 scribed in clauses (i) through (v). 

23 ‘‘(B) Notwithstanding any other provision of law (in24 cluding any effective date), the term applies regardless of 


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

2 of the enactment of this paragraph.’’. 

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

4 (8 U.S.C. 1182(a)(2)), as amended by section 302(a)(2) 

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

6 following: 

7 ‘‘(O) ALIENS ASSOCIATED WITH CRIMINAL

8 GANGS.—Any alien is inadmissible who a con9 sular officer, the Secretary of Homeland Secu10 rity, or the Attorney General knows or has rea11 son to believe— 

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

13 of a criminal gang (as defined in section 

14 101(a)(53)); or 

15 ‘‘(ii) to have participated in the activi16 ties of a criminal gang (as defined in sec17 tion 101(a)(53)), knowing or having reason 

18 to know that such activities will promote, 

19 further, aid, or support the illegal activity 

20 of the criminal gang.’’. 

21 (c) DEPORTABILITY.—Section 237(a)(2) of the Im22 migration and Nationality Act (8 U.S.C. 1227(a)(2)), as 

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

24 by adding at the end the following: 


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1 ‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL

2 GANGS.—Any alien is deportable who the Sec3 retary of Homeland Security or the Attorney 

4 General knows or has reason to believe— 

5 ‘‘(i) is or has been a member of a 

6 criminal gang (as defined in section 

7 101(a)(53)); or 

8 ‘‘(ii) has participated in the activities 

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

10 or having reason to know that such activi11 ties will promote, further, aid, or support 

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

13 (d) DESIGNATION.— 

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

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

16 amended by inserting after section 219 the fol17 lowing: 

18 ‘‘DESIGNATION

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

20 Homeland Security, in consultation with the Attorney 

21 General, and the Secretary of State may designate a group 

22 or association as a criminal street gang if their conduct 

23 is described in section 101(a)(53) or if the group or asso24 ciation conduct poses a significant risk that threatens the 

25 security and the public safety of United States nationals 


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1 or the national security, homeland security, foreign policy, 

2 or economy of the United States. 

3 ‘‘(b) EFFECTIVE DATE.—Designations under sub4 section (a) shall remain in effect until the designation is 

5 revoked after consultation between the Secretary of Home6 land Security, the Attorney General, and the Secretary of 

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

8 (2) CLERICAL AMENDMENT.—The table of con9 tents for such Act is amended by inserting after the 

10 item relating to section 219 the following: 

‘‘220. Designation.’’. 

11 (e) ANNUAL REPORT ON DETENTION OF CRIMINAL

12 STREET GANG MEMBERS.—Not later than March 1 of 

13 each year (beginning 1 year after the date of the enact14 ment of this Act), the Secretary of Homeland Security, 

15 after consultation with the appropriate Federal agencies, 

16 shall submit to the Committee on the Judiciary of the Sen17 ate and the Committee on the Judiciary of the House of 

18 Representatives a report on the number of aliens detained 

19 who are described by subparagraph (O) of section 

20 212(a)(2) and subparagraph (H) of section 237(a)(2) of 

21 the Immigration and Nationality Act (8 U.S.C. 1182(a)(2) 

22 and 1227(a)(2)), as added by subsections (b) and (c). 

23 (f) ASYLUM CLAIMS BASED ON GANG AFFILI24 ATION.— 


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1 (1) INAPPLICABILITY OF RESTRICTION ON RE2 MOVAL TO CERTAIN COUNTRIES.—Section 

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

4 Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the 

5 matter preceding clause (i), by inserting ‘‘who is de6 scribed in section 212(a)(2)(O)(i) or section 

7 237(a)(2)(H)(i) or who is’’ after ‘‘to an alien’’. 

8 (2) INELIGIBILITY FOR ASYLUM.—Section 

9 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) 

10 (as amended by this Act) is further amended— 

11 (A) in clause (v), by striking ‘‘or’’ at the 

12 end; 

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

14 (vii); and 

15 (C) by inserting after clause (v) the fol16 lowing: 

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

18 212(a)(2)(O)(i) or section 237(a)(2)(H)(i) 

19 (relating to participation in criminal street 

20 gangs); or’’. 

21 (g) TEMPORARY PROTECTED STATUS.—Section 244 

22 of such Act (8 U.S.C. 1254a) is amended— 

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

24 it appears and inserting ‘‘Secretary of Homeland Se25 curity’’; 


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1 (2) in subparagraph (c)(2)(B)— 

2 (A) in clause (i), by striking ‘‘States, or’’ 

3 and inserting ‘‘States;’’; 

4 (B) in clause (ii), by striking the period 

5 and inserting ‘‘; or’’; and 

6 (C) by adding at the end the following: 

7 ‘‘(iii) the alien is, or at any time has 

8 been, an alien described in section 

9 212(a)(2)(O)(i) or section 

10 237(a)(2)(H)(i).’’; and 

11 (3) in subsection (d)— 

12 (A) by striking paragraph (3); and 

13 (B) in paragraph (4), by adding at the end 

14 the following: ‘‘The Secretary of Homeland Se15 curity may detain an alien provided temporary 

16 protected status under this section whenever 

17 appropriate under any other provision of law.’’. 

18 (h) EFFECTIVE DATE.—The amendments made by 

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

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

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

22 SEC. 313. EXTENSION OF IDENTITY THEFT OFFENSES. 

23 Section 1028A of title 18, United States Code, is 

24 amended by adding at the end the following: 


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1 ‘‘(d) STATE OF MIND PROOF REQUIREMENT.—In a 

2 prosecution for a violation of subsection (a)(1) predicated 

3 on a violation described in subsection (c)(2), (6), (7), (9), 

4 or (10) of this section, the Government need not prove 

5 that the defendant knew the means of identification was 

6 of another person.’’. 

7 SEC. 314. LAUNDERING OF MONETARY INSTRUMENTS. 

8 (a) ADDITIONAL PREDICATE OFFENSES.—Section 

9 1956(c)(7)(D) of title 18, United States Code, is amend10 ed— 

11 (1) by inserting ‘‘section 1590 (relating to traf12 ficking with respect to peonage, slavery, involuntary 

13 servitude, or forced labor),’’ after ‘‘section 1363 (re14 lating to destruction of property within the special 

15 maritime and territorial jurisdiction),’’; and 

16 (2) by inserting ‘‘section 274(a) of the Immi17 gration and Nationality Act (8 U.S.C. 1324(a)) (re18 lating to bringing in and harboring certain aliens),’’ 

19 after ‘‘section 590 of the Tariff Act of 1930 (19 

20 U.S.C. 1590) (relating to aviation smuggling),’’. 

21 (b) INTENT TO CONCEAL OR DISGUISE.—Section 

22 1956(a) of title 18, United States Code, is amended— 

23 (1) in paragraph (1) so that subparagraph (B) 

24 reads as follows: 

25 ‘‘(B) knowing that the transaction— 


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1 ‘‘(i) conceals or disguises, or is intended to 

2 conceal or disguise, the nature, source, location, 

3 ownership, or control of the proceeds of some 

4 form of unlawful activity; or 

5 ‘‘(ii) avoids, or is intended to avoid, a 

6 transaction reporting requirement under State 

7 or Federal law,’’; and 

8 (2) in paragraph (2) so that subparagraph (B) 

9 reads as follows: 

10 ‘‘(B) knowing that the monetary instrument or 

11 funds involved in the transportation, transmission, 

12 or transfer represent the proceeds of some form of 

13 unlawful activity, and knowing that such transpor14 tation, transmission, or transfer— 

15 ‘‘(i) conceals or disguises, or is intended to 

16 conceal or disguise, the nature, source, location, 

17 ownership, or control of the proceeds of some 

18 form of unlawful activity; or 

19 ‘‘(ii) avoids, or is intended to avoid, a 

20 transaction reporting requirement under State 

21 or Federal law,’’. 

22 SEC. 315. PENALTIES FOR ILLEGAL ENTRY OR PRESENCE. 

23 (a) IN GENERAL.—Section 275 of the Immigration 

24 and Nationality Act (8 U.S.C. 1325) is amended to read 

25 as follows: 


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1 ‘‘SEC. 275. (a) IN GENERAL.— 

2 ‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien 

3 shall be subject to the penalties set forth in para4 graph (2) if the alien— 

5 ‘‘(A) knowingly enters or crosses the bor6 der into the United States at any time or place 

7 other than as designated by the Secretary of 

8 Homeland Security; 

9 ‘‘(B) knowingly eludes, at any time or 

10 place, examination or inspection by an author11 ized immigration, customs, or agriculture offi12 cer (including by failing to stop at the com13 mand of such officer); 

14 ‘‘(C) knowingly enters or crosses the bor15 der to the United States and, upon examination 

16 or inspection, knowingly makes a false or mis17 leading representation or the knowing conceal18 ment of a material fact (including such rep19 resentation or concealment in the context of ar20 rival, reporting, entry, or clearance require21 ments of the customs laws, immigration laws, 

22 agriculture laws, or shipping laws); 

23 ‘‘(D) knowingly violates the terms or con24 ditions of the alien’s admission or parole into 

25 the United States; or 


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

2 United States (as defined in section 

3 212(a)(9)(B)(ii) subject to the exceptions set 

4 forth in section 212(a)(9)(B)(iii)). 

5 ‘‘(2) CRIMINAL PENALTIES.—Any alien who 

6 violates any provision under paragraph (1)— 

7 ‘‘(A) shall, for the first violation, be fined 

8 under title 18, United States Code, imprisoned 

9 not more than 6 months, or both; 

10 ‘‘(B) shall, for a second or subsequent vio11 lation, or following an order of voluntary depar12 ture, be fined under such title, imprisoned not 

13 more than 2 years (or not more than 6 months 

14 in the case of a second or subsequent violation 

15 of paragraph (1)(E)), or both; 

16 ‘‘(C) if the violation occurred after the 

17 alien had been convicted of 3 or more mis18 demeanors or for a felony, shall be fined under 

19 such title, imprisoned not more than 10 years, 

20 or both; 

21 ‘‘(D) if the violation occurred after the 

22 alien had been convicted of a felony for which 

23 the alien received a term of imprisonment of 

24 not less than 30 months, shall be fined under 


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1 such title, imprisoned not more than 15 years, 

2 or both; and 

3 ‘‘(E) if the violation occurred after the 

4 alien had been convicted of a felony for which 

5 the alien received a term of imprisonment of 

6 not less than 60 months, such alien shall be 

7 fined under such title, imprisoned not more 

8 than 20 years, or both. 

9 ‘‘(3) PRIOR CONVICTIONS.—The prior convic10 tions described in subparagraphs (C) through (E) of 

11 paragraph (2) are elements of the offenses described 

12 and the penalties in such subparagraphs shall apply 

13 only in cases in which the conviction or convictions 

14 that form the basis for the additional penalty are— 

15 ‘‘(A) alleged in the indictment or informa16 tion; and 

17 ‘‘(B) proven beyond a reasonable doubt at 

18 trial or admitted by the defendant. 

19 ‘‘(4) DURATION OF OFFENSE.—An offense 

20 under this subsection continues until the alien is dis21 covered within the United States by an immigration, 

22 customs, or agriculture officer. 

23 ‘‘(5) ATTEMPT.—Whoever attempts to commit 

24 any offense under this section shall be punished in 


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1 the same manner as for a completion of such of2 fense. 

3 ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN4 ALTIES.—Any alien who is apprehended while entering, at5 tempting to enter, or knowingly crossing or attempting to 

6 cross the border to the United States at a time or place 

7 other than as designated by immigration officers shall be 

8 subject to a civil penalty, in addition to any criminal or 

9 other civil penalties that may be imposed under any other 

10 provision of law, in an amount equal to— 

11 ‘‘(1) not less than $50 or more than $250 for 

12 each such entry, crossing, attempted entry, or at13 tempted crossing; or 

14 ‘‘(2) twice the amount specified in paragraph 

15 (1) if the alien had previously been subject to a civil 

16 penalty under this subsection.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 for the Immigration and Nationality Act is amended by 

19 striking the item relating to section 275 and inserting the 

20 following: 

‘‘Sec. 275. Illegal entry or presence.’’. 

21 SEC. 316. ILLEGAL REENTRY. 

22 Section 276 of the Immigration and Nationality Act 

23 (8 U.S.C. 1326) is amended to read as follows: 


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1 ‘‘REENTRY OF REMOVED ALIEN

2 ‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.—Any 

3 alien who has been denied admission, excluded, deported, 

4 or removed, or who has departed the United States while 

5 an order of exclusion, deportation, or removal is out6 standing, and subsequently enters, attempts to enter, 

7 crosses the border to, attempts to cross the border to, or 

8 is at any time found in the United States, shall be fined 

9 under title 18, United States Code, imprisoned not more 

10 than 2 years, or both. 

11 ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.—Not12 withstanding the penalty provided in subsection (a), if an 

13 alien described in that subsection was convicted before 

14 such removal or departure— 

15 ‘‘(1) for 3 or more misdemeanors or for a fel16 ony, the alien shall be fined under title 18, United 

17 States Code, imprisoned not more than 10 years, or 

18 both; 

19 ‘‘(2) for a felony for which the alien was sen20 tenced to a term of imprisonment of not less than 

21 30 months, the alien shall be fined under such title, 

22 imprisoned not less than 2 years and not more than 

23 15 years, or both; 

24 ‘‘(3) for a felony for which the alien was sen25 tenced to a term of imprisonment of not less than 


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1 60 months, the alien shall be fined under such title, 

2 imprisoned not less than 4 years and not more than 

3 20 years, or both; or 

4 ‘‘(4) for murder, rape, kidnapping, or a felony 

5 offense described in chapter 77 (relating to peonage 

6 and slavery) or 113B (relating to terrorism) of such 

7 title, or for 3 or more felonies of any kind, the alien 

8 shall be fined under such title, imprisoned not less 

9 than 5 years and not more than 25 years, or both. 

10 ‘‘(c) REENTRY AFTER REPEATED REMOVAL.—Any 

11 alien who has been denied admission, excluded, deported, 

12 or removed 3 or more times and thereafter enters, at13 tempts to enter, crosses the border to, attempts to cross 

14 the border to, or is at any time found in the United States, 

15 shall be fined under title 18, United States Code, impris16 oned not more than 10 years, or both. 

17 ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The prior 

18 convictions described in subsection (b) are elements of the 

19 crimes described, and the penalties in that subsection shall 

20 apply only in cases in which the conviction or convictions 

21 that form the basis for the additional penalty are— 

22 ‘‘(1) alleged in the indictment or information; 

23 and 

24 ‘‘(2) proven beyond a reasonable doubt at trial 

25 or admitted by the defendant. 


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1 ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an af2 firmative defense to a violation of this section that— 

3 ‘‘(1) prior to the alleged violation, the alien had 

4 sought and received the express consent of the Sec5 retary of Homeland Security to reapply for admis6 sion into the United States; or 

7 ‘‘(2) with respect to an alien previously denied 

8 admission and removed, the alien— 

9 ‘‘(A) was not required to obtain such ad10 vance consent under the Immigration and Na11 tionality Act or any prior Act; and 

12 ‘‘(B) had complied with all other laws and 

13 regulations governing the alien’s admission into 

14 the United States. 

15 ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON UN16 DERLYING REMOVAL ORDER.—In a criminal proceeding 

17 under this section, an alien may not challenge the validity 

18 of any prior removal order concerning the alien. 

19 ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO COM20 PLETION OF TERM OF IMPRISONMENT.—Any alien re21 moved pursuant to section 241(a)(4) who enters, attempts 

22 to enter, crosses the border to, attempts to cross the bor23 der to, or is at any time found in, the United States shall 

24 be incarcerated for the remainder of the sentence of im25 prisonment which was pending at the time of deportation 


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1 without any reduction for parole or supervised release un2 less the alien affirmatively demonstrates that the Sec3 retary of Homeland Security has expressly consented to 

4 the alien’s reentry. Such alien shall be subject to such 

5 other penalties relating to the reentry of removed aliens 

6 as may be available under this section or any other provi7 sion of law. 

8 ‘‘(h) DEFINITIONS.—For purposes of this section and 

9 section 275, the following definitions shall apply: 

10 ‘‘(1) CROSSES THE BORDER TO THE UNITED

11 STATES.—The term ‘crosses the border’ refers to the 

12 physical act of crossing the border, regardless of 

13 whether the alien is free from official restraint. 

14 ‘‘(2) FELONY.—The term ‘felony’ means any 

15 criminal offense punishable by a term of imprison16 ment of more than 1 year under the laws of the 

17 United States, any State, or a foreign government. 

18 ‘‘(3) MISDEMEANOR.—The term ‘misdemeanor’ 

19 means any criminal offense punishable by a term of 

20 imprisonment of not more than 1 year under the ap21 plicable laws of the United States, any State, or a 

22 foreign government. 

23 ‘‘(4) REMOVAL.—The term ‘removal’ includes 

24 any denial of admission, exclusion, deportation, or 


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1 removal, or any agreement by which an alien stipu2 lates or agrees to exclusion, deportation, or removal. 

3 ‘‘(5) STATE.—The term ‘State’ means a State 

4 of the United States, the District of Columbia, and 

5 any commonwealth, territory, or possession of the 

6 United States.’’. 

7 SEC. 317. REFORM OF PASSPORT, VISA, AND IMMIGRATION 

8 FRAUD OFFENSES. 

9 Chapter 75 of title 18, United States Code, is amend10 ed to read as follows: 

11 ‘‘CHAPTER 75—PASSPORTS AND VISAS 

‘‘1541. Issuance without authority. 

‘‘1542. False statement in application and use of passport. 

‘‘1543. Forgery or false use of passport. 

‘‘1544. Misuse of a passport. 

‘‘1545. Schemes to defraud aliens. 

‘‘1546. Immigration and visa fraud. 

‘‘1547. Attempts and conspiracies. 

‘‘1548. Alternative penalties for certain offenses. 

‘‘1549. Definitions. 

12 ‘‘§ 1541. Issuance without authority 

13 ‘‘(a) IN GENERAL.—Whoever— 

14 ‘‘(1) acting or claiming to act in any office or 

15 capacity under the United States, or a State, with16 out lawful authority grants, issues, or verifies any 

17 passport or other instrument in the nature of a 

18 passport to or for any person; or 

19 ‘‘(2) being a consular officer authorized to 

20 grant, issue, or verify passports, knowingly grants, 

21 issues, or verifies any such passport to or for any 


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1 person not owing allegiance, to the United States, 

2 whether a citizen or not; 

3 shall be fined under this title or imprisoned not more than 

4 15 years, or both. 

5 ‘‘(b) DEFINITION.—In this section, the term ‘State’ 

6 means a State of the United States, the District of Colum7 bia, and any commonwealth, territory, or possession of the 

8 United States. 

9 ‘‘§ 1542. False statement in application and use of 

10 passport 

11 ‘‘Whoever knowingly— 

12 ‘‘(1) makes any false statement in an applica13 tion for passport with intent to induce or secure the 

14 issuance of a passport under the authority of the 

15 United States, either for his own use or the use of 

16 another, contrary to the laws regulating the issuance 

17 of passports or the rules prescribed pursuant to such 

18 laws; or 

19 ‘‘(2) uses or attempts to use, or furnishes to 

20 another for use any passport the issue of which was 

21 secured in any way by reason of any false statement; 

22 shall be fined under this title or imprisoned not more than 

23 15 years, or both. 

24 ‘‘§ 1543. Forgery or false use of passport 

25 ‘‘Whoever— 


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1 ‘‘(1) falsely makes, forges, counterfeits, muti2 lates, or alters any passport or instrument pur3 porting to be a passport, with intent that the same 

4 may be used; or 

5 ‘‘(2) knowingly uses, or attempts to use, or fur6 nishes to another for use any such false, forged, 

7 counterfeited, mutilated, or altered passport or in8 strument purporting to be a passport, or any pass9 port validly issued which has become void by the oc10 currence of any condition therein prescribed invali11 dating the same; 

12 shall be fined under this title or imprisoned not more than 

13 15 years, or both. 

14 ‘‘§ 1544. Misuse of a passport 

15 ‘‘Whoever knowingly— 

16 ‘‘(1) uses any passport issued or designed for 

17 the use of another; 

18 ‘‘(2) uses any passport in violation of the condi19 tions or restrictions therein contained, or in violation 

20 of the laws, regulations, or rules governing the 

21 issuance and use of the passport; 

22 ‘‘(3) secures, possesses, uses, receives, buys, 

23 sells, or distributes any passport knowing it to be 

24 forged, counterfeited, altered, falsely made, procured 


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1 by fraud, stolen, or produced or issued without law2 ful authority; or 

3 ‘‘(4) violates the terms and conditions of any 

4 safe conduct duly obtained and issued under the au5 thority of the United States; 

6 shall be fined under this title, imprisoned not more than 

7 15 years, or both. 

8 ‘‘§ 1545. Schemes to defraud aliens 

9 ‘‘Whoever inside the United States, or in or affecting 

10 interstate or foreign commerce, in connection with any 

11 matter that is authorized by or arises under the immigra12 tion laws of the United States or any matter the offender 

13 claims or represents is authorized by or arises under the 

14 immigration laws of the United States, knowingly executes 

15 a scheme or artifice— 

16 ‘‘(1) to defraud any person, or 

17 ‘‘(2) to obtain or receive money or anything else 

18 of value from any person by means of false or fraud19 ulent pretenses, representations, or promises; 

20 shall be fined under this title, imprisoned not more than 

21 15 years, or both. 

22 ‘‘§ 1546. Immigration and visa fraud 

23 ‘‘Whoever knowingly— 

24 ‘‘(1) uses any immigration document issued or 

25 designed for the use of another; 


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1 ‘‘(2) forges, counterfeits, alters, or falsely 

2 makes any immigration document; 

3 ‘‘(3) mails, prepares, presents, or signs any im4 migration document knowing it to contain any mate5 rially false statement or representation; 

6 ‘‘(4) secures, possesses, uses, transfers, re7 ceives, buys, sells, or distributes any immigration 

8 document knowing it to be forged, counterfeited, al9 tered, falsely made, stolen, procured by fraud, or 

10 produced or issued without lawful authority; 

11 ‘‘(5) adopts or uses a false or fictitious name to 

12 evade or to attempt to evade the immigration laws; 

13 ‘‘(6) transfers or furnishes, without lawful au14 thority, an immigration document to another person 

15 for use by a person other than the person for whom 

16 the immigration document was issued or designed; 

17 or 

18 ‘‘(7) produces, issues, authorizes, or verifies, 

19 without lawful authority, an immigration document; 

20 shall be fined under this title, imprisoned not more than 

21 15 years, or both. 

22 ‘‘§ 1547. Attempts and conspiracies 

23 ‘‘Whoever attempts or conspires to violate this chap24 ter shall be punished in the same manner as a person who 

25 completes that violation. 


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1 ‘‘§ 1548. Alternative penalties for certain offenses 

2 ‘‘(a) TERRORISM.—Whoever violates any section in 

3 this chapter to facilitate an act of international terrorism 

4 or domestic terrorism (as such terms are defined in section 

5 2331), shall be fined under this title or imprisoned not 

6 more than 25 years, or both. 

7 ‘‘(b) DRUG TRAFFICKING OFFENSES.—Whoever vio8 lates any section in this chapter to facilitate a drug traf9 ficking crime (as defined in section 929(a)) shall be fined 

10 under this title or imprisoned not more than 20 years, or 

11 both. 

12 ‘‘§ 1549. Definitions 

13 ‘‘In this chapter: 

14 ‘‘(1) An ‘application for a United States pass15 port’ includes any document, photograph, or other 

16 piece of evidence attached to or submitted in support 

17 of the application. 

18 ‘‘(2) The term ‘immigration document’ means 

19 any instrument on which is recorded, by means of 

20 letters, figures, or marks, matters which may be 

21 used to fulfill any requirement of the Immigration 

22 and Nationality Act.’’. 

23 SEC. 318. FORFEITURE. 

24 Section 981(a)(1) of title 18, United States Code, is 

25 amended by adding at the end the following: 


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1 ‘‘(I) Any property, real or personal, that has 

2 been used to commit or facilitate the commission of 

3 a violation of chapter 75, the gross proceeds of such 

4 violation, and any property traceable to any such 

5 property or proceeds.’’. 

6 SEC. 319. EXPEDITED REMOVAL FOR ALIENS INADMISSIBLE 

7 ON CRIMINAL OR SECURITY GROUNDS. 

8 (a) IN GENERAL.—Section 238(b) of the Immigra9 tion and Nationality Act (8 U.S.C. 1228(b)) is amended– 

10 (1) in paragraph (1)— 

11 (A) by striking ‘‘Attorney General’’ and in12 serting ‘‘Secretary of Homeland Security in the 

13 exercise of discretion’’; and 

14 (B) by striking ‘‘set forth in this sub15 section or’’ and inserting ‘‘set forth in this sub16 section, in lieu of removal proceedings under’’; 

17 (2) in paragraph (3), by striking ‘‘paragraph 

18 (1) until 14 calendar days’’ and inserting ‘‘para19 graph (1) or (3) until 7 calendar days’’; 

20 (3) by striking ‘‘Attorney General’’ each place 

21 it appears in paragraphs (3) and (4) and inserting 

22 ‘‘Secretary of Homeland Security’’; 

23 (4) in paragraph (5)— 


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1 (A) by striking ‘‘described in this section’’ 

2 and inserting ‘‘described in paragraph (1) or 

3 (2)’’; and 

4 (B) by striking ‘‘the Attorney General may 

5 grant in the Attorney General’s discretion’’ and 

6 inserting ‘‘the Secretary of Homeland Security 

7 or the Attorney General may grant, in the dis8 cretion of the Secretary or Attorney General, in 

9 any proceeding’’; 

10 (5) by redesignating paragraphs (3), (4), and 

11 (5) as paragraphs (4), (5), and (6), respectively; and 

12 (6) by inserting after paragraph (2) the fol13 lowing new paragraph: 

14 ‘‘(3) The Secretary of Homeland Security in 

15 the exercise of discretion may determine inadmis16 sibility under section 212(a)(2) (relating to criminal 

17 offenses) or section 212(a)(3) (related to security 

18 grounds) and issue an order of removal pursuant to 

19 the procedures set forth in this subsection, in lieu of 

20 removal proceedings under section 240, with respect 

21 to an alien who— 

22 ‘‘(A) has not been admitted or paroled; 

23 ‘‘(B) has not been found to have a credible 

24 fear of persecution pursuant to the procedures 

25 set forth in section 235(b)(1)(B); and 


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1 ‘‘(C) is not eligible for a waiver of inadmis2 sibility or relief from removal.’’. 

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

4 subsection (a) shall take effect on the date of the enact5 ment of this Act but shall not apply to aliens who are 

6 in removal proceedings under section 240 of the Immigra7 tion and Nationality Act as of such date. 

8 SEC. 320. INCREASED PENALTIES BARRING THE ADMIS9 SION OF CONVICTED SEX OFFENDERS FAIL10 ING TO REGISTER AND REQUIRING DEPORTA11 TION OF SEX OFFENDERS FAILING TO REG12 ISTER. 

13 (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) of 

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

15 1182(a)(2)(A)(i)), as amended by section 302(a) of this 

16 Act, is further amended— 

17 (1) in subclause (II), by striking ‘‘or’’ at the 

18 end; 

19 (2) in subclause (III), by adding ‘‘or’’ at the 

20 end; and 

21 (3) by inserting after subclause (III) the fol22 lowing: 

23 ‘‘(IV) a violation of section 2250 

24 of title 18, United States Code (relatVerDate Sep 11 2014 06:34 Jun 24, 2015 Jkt 049200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 ing to failure to register as a sex of2 fender),’’. 

3 (b) DEPORTABILITY.—Section 237(a)(2) of such Act 

4 (8 U.S.C. 1227(a)(2)), as amended by sections 302(c) and 

5 311(c) of this Act, is further amended— 

6 (1) in subparagraph (A), by striking clause (v); 

7 and 

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

9 ‘‘(I) FAILURE TO REGISTER AS A SEX OF10 FENDER.—Any alien convicted of, or who ad11 mits having committed, or who admits commit12 ting acts which constitute the essential elements 

13 of a violation of section 2250 of title 18, United 

14 States Code (relating to failure to register as a 

15 sex offender) is deportable.’’. 

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

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

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

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

20 SEC. 321. PROTECTING IMMIGRANTS FROM CONVICTED 

21 SEX OFFENDERS. 

22 (a) IMMIGRANTS.—Section 204(a)(1) of the Immigra23 tion and Nationality Act (8 U.S.C. 1154(a)(1)), is amend24 ed— 


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1 (1) in subparagraph (A), by amending clause 

2 (viii) to read as follows: 

3 ‘‘(viii) Clause (i) shall not apply to a citizen of the 

4 United States who has been convicted of an offense de5 scribed in subparagraph (A), (I), or (K) of section 

6 101(a)(43) or any offense defined in section 111 of the 

7 Adam Walsh Child Protection and Safety Act of 2006 (42 

8 U.S.C. 16911), unless the Secretary of Homeland Secu9 rity, in the Secretary’s sole and unreviewable discretion, 

10 determines that the citizen poses no risk to the alien with 

11 respect to whom a petition described in clause (i) is filed.’’; 

12 and 

13 (2) in subparagraph (B)(i)— 

14 (A) by redesignating the second subclause 

15 (I) as subclause (II); and 

16 (B) by amending such subclause (II) to 

17 read as follows: 

18 ‘‘(II) Subclause (I) shall not apply in the case of an 

19 alien admitted for permanent residence who has been con20 victed of an offense described in subparagraph (A), (I), 

21 or (K) of section 101(a)(43), unless the Secretary of 

22 Homeland Security, in the Secretary’s sole and 

23 unreviewable discretion, determines that the alien lawfully 

24 admitted for permanent residence poses no risk to the 


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1 alien with respect to whom a petition described in sub2 clause (I) is filed.’’. 

3 (b) NONIMMIGRANTS.—Section 101(a)(15)(K) of 

4 such Act (8 U.S.C. 1101(a)(15)(K)), is amended by strik5 ing ‘‘204(a)(1)(A)(viii)(I))’’ each place such term appears 

6 and inserting ‘‘204(a)(1)(A)(viii))’’. 

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

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

9 of this Act and shall apply to petitions filed on or after 

10 such date. 

11 SEC. 322. PENALTIES FOR FAILURE TO OBEY REMOVAL OR12 DERS. 

13 (a) IN GENERAL.—Section 243(a) of the Immigra14 tion and Nationality Act (8 U.S.C. 1253(a)) is amended— 

15 (1) in the matter preceding subparagraph (A) 

16 of paragraph (1), by inserting ‘‘212(a) or’’ before 

17 ‘‘237(a),’’; and 

18 (2) by striking paragraph (3). 

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

20 subsection (a) shall take effect on the date of the enact21 ment of this Act and shall apply to acts that are described 

22 in subparagraphs (A) through (D) of section 243(a)(1) of 

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

24 1253(a)(1)) that occur on or after the date of the enact25 ment of this Act. 


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1 SEC. 323. PARDONS. 

2 (a) DEFINITION.—Section 101(a) of the Immigration 

3 and Nationality Act (8 U.S.C. 1101(a)), as amended by 

4 section 312(a) of this Act, is further amended by adding 

5 at the end the following: 

6 ‘‘(54) The term ‘pardon’ means a full and uncondi7 tional pardon granted by the President of the United 

8 States, Governor of any of the several States or constitu9 tionally recognized body.’’. 

10 (b) DEPORTABILITY.—Section 237(a) of such Act (8 

11 U.S.C. 1227(a)) is amended— 

12 (1) in paragraph (2)(A), by striking clause (vi); 

13 and 

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

15 ‘‘(8) PARDONS.—In the case of an alien who 

16 has been convicted of a crime and is subject to re17 moval due to that conviction, if the alien, subsequent 

18 to receiving the criminal conviction, is granted a 

19 pardon, the alien shall not be deportable by reason 

20 of that criminal conviction.’’. 

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

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

23 of this Act and shall apply to a pardon granted before, 

24 on, or after such date. 


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1 SEC. 324. CONVICTIONS. 

2 (a) IN GENERAL.—Section 212(a)(2) of the Immi3 gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

4 amended by adding at the end the following subparagraph: 

5 ‘‘(J) CONVICTIONS.— 

6 ‘‘(i) IN GENERAL.—For purposes of 

7 determining whether an underlying crimi8 nal offense constitutes a ground of inad9 missibility under this subsection, all stat10 utes or common law offenses are divisible 

11 so long as any of the conduct encompassed 

12 by the statute constitutes an offense that 

13 is a ground of inadmissibility. 

14 ‘‘(ii) OTHER EVIDENCE.—If the con15 viction records do not conclusively establish 

16 whether a crime constitutes a ground of in17 admissibility, the Attorney General or the 

18 Secretary of Homeland Security may con19 sider other evidence related to the convic20 tion that clearly establishes that the con21 duct for which the alien was engaged con22 stitutes a ground of inadmissibility.’’. 

23 (b) CRIMINAL OFFENSES.—Section 237(a)(2) of the 

24 Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) 

25 is amended by adding at the end the following subpara26 graph: 


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1 ‘‘(G) CRIMINAL OFFENSES.— 

2 ‘‘(i) IN GENERAL.—For purposes of 

3 determining whether an underlying crimi4 nal offense constitutes a ground of deport5 ability under this subsection, all statutes or 

6 common law offenses are divisible so long 

7 as any of the conduct encompassed by the 

8 statute constitutes an offense that is a 

9 ground of deportability. 

10 ‘‘(ii) OTHER EVIDENCE.—If the con11 viction records do not conclusively establish 

12 whether a crime constitutes a ground of 

13 deportability, the Attorney General or the 

14 Secretary of Homeland Security may con15 sider other evidence related to the convic16 tion that clearly establishes that the con17 duct for which the alien was engaged con18 stitutes a ground of deportability.’’. 

19 (c) FINALITY OF SENTENCES FOR IMMIGRATION

20 PURPOSES.—Section 101(a)(48) of the Immigration and 

21 Nationality Act (8 U.S.C. 1101(a)(48)) is amended by 

22 adding at the end the following subparagraph: 

23 ‘‘(C) Any modification, clarification, vacatur, or any 

24 other such similar action with respect to an alien’s convic25 tion, other than a full and complete pardon, made after 


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1 the initiation of any proceedings to remove the alien from 

2 the United States shall have no effect for the purposes 

3 of this Act.’’. 

4 TITLE IV—VISA SECURITY 

5 SEC. 401. CANCELLATION OF ADDITIONAL VISAS. 

6 (a) IN GENERAL.—Section 222(g) of the Immigra7 tion and Nationality Act (8 U.S.C. 1202(g)) is amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘Attorney General’’ and in10 serting ‘‘Secretary’’; and 

11 (B) by inserting ‘‘and any other non12 immigrant visa issued by the United States that 

13 is in the possession of the alien’’ after ‘‘such 

14 visa’’; and 

15 (2) in paragraph (2)(A), by striking ‘‘(other 

16 than the visa described in paragraph (1)) issued in 

17 a consular office located in the country of the alien’s 

18 nationality’’ and inserting ‘‘(other than a visa de19 scribed in paragraph (1)) issued in a consular office 

20 located in the country of the alien’s nationality or 

21 foreign residence’’. 

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

23 subsection (a) shall take effect on the date of the enact24 ment of this Act and shall apply to a visa issued before, 

25 on, or after such date. 


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1 SEC. 402. VISA INFORMATION SHARING. 

2 (a) IN GENERAL.—Section 222(f) of the Immigration 

3 and Nationality Act (8 U.S.C. 1202(f)(2)) is amended— 

4 (1) by striking ‘‘issuance or refusal’’ and insert5 ing ‘‘issuance, refusal, or revocation’’; 

6 (2) in paragraph (2), in the matter preceding 

7 subparagraph (A), by striking ‘‘and on the basis of 

8 reciprocity’’; 

9 (3) in paragraph (2)(A)— 

10 (A) by inserting ‘‘(i)’’ after ‘‘for the pur11 pose of’’; and 

12 (B) by striking ‘‘illicit weapons; or’’ and 

13 inserting ‘‘illicit weapons, or (ii) determining a 

14 person’s deportability or eligibility for a visa, 

15 admission, or other immigration benefit;’’; 

16 (4) in paragraph (2)(B)— 

17 (A) by striking ‘‘for the purposes’’ and in18 serting ‘‘for one of the purposes’’; and 

19 (B) by striking ‘‘or to deny visas to per20 sons who would be inadmissible to the United 

21 States.’’ and inserting ‘‘; or’’; and 

22 (5) in paragraph (2), by adding at the end the 

23 following: 

24 ‘‘(C) with regard to any or all aliens in the 

25 database specified data elements from each 

26 record, if the Secretary of State determines that 


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1 it is in the national interest to provide such in2 formation to a foreign government.’’. 

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

4 subsection (a) shall take effect 60 days after the date of 

5 the enactment of the Act. 

6 SEC. 403. RESTRICTING WAIVER OF VISA INTERVIEWS. 

7 Section 222(h) of the Immigration and Nationality 

8 Act (8 U.S.C. 1202(h)(1)(B)) is amended— 

9 (1) in paragraph (1)(C), by inserting ‘‘, in con10 sultation with the Secretary of Homeland Security,’’ 

11 after ‘‘if the Secretary’’; 

12 (2) in paragraph (1)(C)(i), by inserting ‘‘, 

13 where such national interest shall not include facili14 tation of travel of foreign nationals to the United 

15 States, reduction of visa application processing 

16 times, or the allocation of consular resources’’ before 

17 the semicolon at the end; and 

18 (3) in paragraph (2)— 

19 (A) by striking ‘‘or’’ at the end of subpara20 graph (E); 

21 (B) by striking the period at the end of 

22 subparagraph (F) and inserting ‘‘; or’’; and 

23 (C) by adding at the end the following: 

24 ‘‘(G) is an individual— 


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1 ‘‘(i) determined to be in a class of 

2 aliens determined by the Secretary of 

3 Homeland Security to be threats to na4 tional security; 

5 ‘‘(ii) identified by the Secretary of 

6 Homeland Security as a person of concern; 

7 or 

8 ‘‘(iii) applying for a visa in a visa cat9 egory with respect to which the Secretary 

10 of Homeland Security has determined that 

11 a waiver of the visa interview would create 

12 a high risk of degradation of visa program 

13 integrity.’’. 

14 SEC. 404. NON-INTERVIEW OF CERTAIN INELIGIBLE VISA 

15 APPLICANTS. 

16 (a) IN GENERAL.—Section 222(h)(1) of the Immi17 gration and Nationality Act (8 U.S.C. 1202(h)(1)) is 

18 amended by inserting ‘‘the alien is determined by the Sec19 retary of State to be ineligible for a visa based upon review 

20 of the application or’’ after ‘‘unless’’. 

21 (b) GUIDANCE.—Not later than 90 days after the 

22 date of the enactment of this Act, the Secretary of State 

23 shall issue guidance to consular officers on the standards 

24 and processes for implementing the authority to deny visa 

25 applications without interview in cases where the alien is 


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1 determined by the Secretary of State to be ineligible for 

2 a visa based upon review of the application. 

3 (c) REPORTS.—Not less frequently than once each 

4 quarter, the Secretary of State shall submit to the Con5 gress a report on the denial of visa applications without 

6 interview, including— 

7 (1) the number of such denials; and 

8 (2) a post-by-post breakdown of such denials. 

9 SEC. 405. VISA REFUSAL AND REVOCATION. 

10 (a) AUTHORITY OF THE SECRETARY OF HOMELAND

11 SECURITY AND THE SECRETARY OF STATE.— 

12 (1) IN GENERAL.—Section 428 of the Home13 land Security Act of 2002 (6 U.S.C. 236) is amend14 ed by striking subsections (b) and (c) and inserting 

15 the following: 

16 ‘‘(b) AUTHORITY OF THE SECRETARY OF HOMELAND

17 SECURITY.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding section 

19 104(a) of the Immigration and Nationality Act (8 

20 U.S.C. 1104(a)) or any other provision of law, and 

21 except as provided in subsection (c) and except for 

22 the authority of the Secretary of State under sub23 paragraphs (A) and (G) of section 101(a)(15) of the 

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

25 1101(a)(15)), the Secretary— 


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1 ‘‘(A) shall have exclusive authority to issue 

2 regulations, establish policy, and administer and 

3 enforce the provisions of the Immigration and 

4 Nationality Act (8 U.S.C. 1101 et seq.) and all 

5 other immigration or nationality laws relating 

6 to the functions of consular officers of the 

7 United States in connection with the granting 

8 and refusal of a visa; and 

9 ‘‘(B) may refuse or revoke any visa to any 

10 alien or class of aliens if the Secretary, or des11 ignee, determines that such refusal or revoca12 tion is necessary or advisable in the security or 

13 foreign policy interests of the United States. 

14 ‘‘(2) EFFECT OF REVOCATION.—The revocation 

15 of any visa under paragraph (1)(B)— 

16 ‘‘(A) shall take effect immediately; and 

17 ‘‘(B) shall automatically cancel any other 

18 valid visa that is in the alien’s possession. 

19 ‘‘(3) JUDICIAL REVIEW.—Notwithstanding any 

20 other provision of law, including section 2241 of title 

21 28, United States Code, or any other habeas corpus 

22 provision, and sections 1361 and 1651 of such title, 

23 no court shall have jurisdiction to review a decision 

24 by the Secretary of Homeland Security to refuse or 

25 revoke a visa, and no court shall have jurisdiction to 


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1 hear any claim arising from, or any challenge to, 

2 such a refusal or revocation. 

3 ‘‘(c) AUTHORITY OF THE SECRETARY OF STATE.— 

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

5 direct a consular officer to refuse a visa requested 

6 by an alien if the Secretary of State determines such 

7 refusal to be necessary or advisable in the security 

8 or foreign policy interests of the United States. 

9 ‘‘(2) LIMITATION.—No decision by the Sec10 retary of State to approve a visa may override a de11 cision by the Secretary of Homeland Security under 

12 subsection (b).’’. 

13 (2) CONFORMING AMENDMENT.—Section 

14 237(a)(1)(B) of the Immigration and Nationality 

15 Act (8 U.S.C. 1227(a)(1)(B)) is amended by strik16 ing ‘‘under section 221(i)’’. 

17 (3) EFFECTIVE DATE.—The amendment made 

18 by paragraph (1) shall take effect on the date of the 

19 enactment of this Act and shall apply to visa refus20 als and revocations occurring before, on, or after 

21 such date. 

22 (b) TECHNICAL CORRECTIONS TO THE HOMELAND

23 SECURITY ACT.—Section 428(a) of the Homeland Secu24 rity Act of 2002 (6 U.S.C. 236(a)) is amended by— 


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1 (1) striking ‘‘subsection’’ and inserting ‘‘sec2 tion’’; and 

3 (2) striking ‘‘consular office’’ and inserting 

4 ‘‘consular officer’’. 

5 SEC. 406. FUNDING FOR THE VISA SECURITY PROGRAM. 

6 (a) IN GENERAL.—The Department of State and Re7 lated Agency Appropriations Act, 2005 (title IV of division 

8 B of Public Law 108–447) is amended, in the fourth para9 graph under the heading ‘‘Diplomatic and Consular Pro10 grams’’, by striking ‘‘Beginning’’ and all that follows 

11 through the period at the end and inserting the following: 

12 ‘‘Beginning in fiscal year 2005 and thereafter, the Sec13 retary of State is authorized to charge surcharges related 

14 to consular services in support of enhanced border security 

15 that are in addition to the immigrant visa fees in effect 

16 on January 1, 2004: Provided, That funds collected pursu17 ant to this authority shall be credited to the appropriation 

18 for U.S. Immigration and Customs Enforcement for the 

19 fiscal year in which the fees were collected, and shall be 

20 available until expended for the funding of the Visa Secu21 rity Program established by the Secretary of Homeland 

22 Security under section 428(e) of the Homeland Security 

23 Act of 2002 (Public Law 107–296): Provided further, That 

24 such surcharges shall be 10 percent of the fee assessed 

25 on immigrant visa applications.’’. 


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1 (b) REPAYMENT OF APPROPRIATED FUNDS.—Twen2 ty percent of the funds collected each fiscal year under 

3 the heading ‘‘Diplomatic and Consular Programs’’ in the 

4 Department of State and Related Agency Appropriations 

5 Act, 2005 (title IV of division B of Public Law 108–447), 

6 as amended by subsection (a), shall be deposited into the 

7 general fund of the Treasury as repayment of funds ap8 propriated pursuant to section 407(c) of this Act until the 

9 entire appropriated sum has been repaid. 

10 SEC. 407. EXPEDITIOUS EXPANSION OF VISA SECURITY 

11 PROGRAM TO HIGH-RISK POSTS. 

12 (a) IN GENERAL.—Section 428(i) of the Homeland 

13 Security Act of 2002 (6 U.S.C. 236(i)) is amended to read 

14 as follows: 

15 ‘‘(i) VISA ISSUANCE AT DESIGNATED HIGH-RISK

16 POSTS.—Notwithstanding any other provision of law, the 

17 Secretary of Homeland Security shall conduct an on-site 

18 review of all visa applications and supporting documenta19 tion before adjudication at the top 30 visa-issuing posts 

20 designated jointly by the Secretaries of State and Home21 land Security as high-risk posts.’’. 

22 (b) ASSIGNMENT OF PERSONNEL.—Not later than 

23 one year after the date of enactment of this section, the 

24 Secretary of Homeland Security shall assign personnel to 

25 the visa-issuing posts referenced in section 428(i) of the 


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1 Homeland Security Act of 2002 (6 U.S.C. 236(i)), as 

2 amended by this section, and communicate such assign3 ments to the Secretary of State. 

4 (c) APPROPRIATIONS.—There is authorized to be ap5 propriated $60,000,000 for each of the fiscal years 2015 

6 and 2016, which shall be used to expedite the implementa7 tion of section 428(i) of the Homeland Security Act, as 

8 amended by this section. 

9 SEC. 408. EXPEDITED CLEARANCE AND PLACEMENT OF DE10 PARTMENT OF HOMELAND SECURITY PER11 SONNEL AT OVERSEAS EMBASSIES AND CON12 SULAR POSTS. 

13 Section 428 of the Homeland Security Act of 2002 

14 (6 U.S.C. 236) is amended by adding at the end the fol15 lowing: 

16 ‘‘(j) EXPEDITED CLEARANCE AND PLACEMENT OF

17 DEPARTMENT OF HOMELAND SECURITY PERSONNEL AT

18 OVERSEAS EMBASSIES AND CONSULAR POSTS.—Notwith19 standing any other provision of law, and the processes set 

20 forth in National Security Defense Directive 38 (dated 

21 June 2, 1982) or any successor Directive, the Chief of 

22 Mission of a post to which the Secretary of Homeland Se23 curity has assigned personnel under subsection (e) or (i) 

24 shall ensure, not later than one year after the date on 

25 which the Secretary of Homeland Security communicates 


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1 such assignment to the Secretary of State, that such per2 sonnel have been stationed and accommodated at post and 

3 are able to carry out their duties.’’. 

4 SEC. 409. ACCREDITATION REQUIREMENTS. 

5 (a) COLLEGES, UNIVERSITIES, AND LANGUAGE

6 TRAINING PROGRAMS.—Section 101(a) of the Immigra7 tion and Nationality Act (8 U.S.C. 1101(a)) is amended— 

8 (1) in paragraph (15)(F)(i)— 

9 (A) by striking ‘‘section 214(l) at an estab10 lished college, university, seminary, conserv11 atory, academic high school, elementary school, 

12 or other academic institution or in an accred13 ited language training program in the United 

14 States’’ and inserting ‘‘section 214(m) at an ac15 credited college, university, or language training 

16 program, or at an established seminary, con17 servatory, academic high school, elementary 

18 school, or other academic institution in the 

19 United States’’; 

20 (B) by striking ‘‘Attorney General’’ each 

21 place such term appears and inserting ‘‘Sec22 retary of Homeland Security’’; and 

23 (C) by striking ‘‘and if any such institution 

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1 drawn,’’ and inserting ‘‘and if any such institu2 tion of learning of place of study fails to make 

3 reports promptly or fails to comply with any ac4 creditation requirement (including deadlines for 

5 submitting accreditation applications or obtain6 ing accreditation) the approval shall be with7 drawn,’’; and 

8 (2) by amending paragraph (52) to read as fol9 lows: 

10 ‘‘(52) Except as provided in section 214(m)(4), the 

11 term ‘accredited college, university, or language training 

12 program’ means a college, university, or language training 

13 program that is accredited by an accrediting agency recog14 nized by the Secretary of Education.’’. 

15 (b) OTHER ACADEMIC INSTITUTIONS.—Section 

16 214(m) of the Immigration and Nationality Act (8 U.S.C. 

17 1184(m)) is amended by adding at the end the following: 

18 ‘‘(3) The Secretary of Homeland Security shall re19 quire accreditation of an academic institution (except for 

20 seminaries or other religious institutions) for purposes of 

21 section 101(a)(15)(F) if— 

22 ‘‘(A) that institution is not already required to 

23 be accredited under section 101(a)(15)(F)(i); and 


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1 ‘‘(B) an appropriate accrediting agency recog2 nized by the Secretary of Education is able to pro3 vide such accreditation. 

4 ‘‘(4) The Secretary of Homeland Security, in the Sec5 retary’s discretion, may waive the accreditation require6 ment in paragraph (3) or section 101(a)(15)(F)(i) with 

7 respect to an institution if such institution— 

8 ‘‘(A) is otherwise in compliance with the re9 quirements of section 101(a)(15)(F)(i); and 

10 ‘‘(B) has been a candidate for accreditation for 

11 at least 1 year and continues to progress toward ac12 creditation by an accrediting agency recognized by 

13 the Secretary of Education.’’. 

14 (c) EFFECTIVE DATE.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the amendments made by this section 

17 shall— 

18 (A) take effect on the date that is 180 

19 days after the date of enactment of this Act; 

20 and 

21 (B) apply with respect to applications for 

22 nonimmigrant visas that are filed on or after 

23 the effective date described in subparagraph 

24 (A). 


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1 (2) TEMPORARY EXCEPTION.—During the 3- 

2 year period beginning on the effective date described 

3 in paragraph (1)(A), an institution that is newly re4 quired to be accredited under this section may con5 tinue to participate in the Student and Exchange 

6 Visitor Program notwithstanding the institution’s 

7 lack of accreditation if the institution— 

8 (A) was certified under the Student and 

9 Exchange Visitor Program on such date; 

10 (B) submitted an application for accredita11 tion to an accrediting agency recognized by the 

12 Secretary of Education during the 6-month pe13 riod ending on such date; and 

14 (C) continues to progress toward accredita15 tion by such accrediting agency. 

16 SEC. 410. VISA FRAUD. 

17 (a) TEMPORARY SUSPENSION OF SEVIS ACCESS.— 

18 Section 641(d) of the Illegal Immigration Reform and Im19 migrant Responsibility Act of 1996 (8 U.S.C. 1372(d)) is 

20 amended— 

21 (1) in paragraph (1)(A), by striking ‘‘institu22 tion,,’’ and inserting ‘‘institution,’’; and 

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

24 ‘‘(3) EFFECT OF REASONABLE SUSPICION OF

25 FRAUD.—If the Secretary of Homeland Security has 


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1 reasonable suspicion that an owner of, or a des2 ignated school official at, an approved institution of 

3 higher education, an other approved educational in4 stitution, or a designated exchange visitor program 

5 has committed fraud or attempted to commit fraud 

6 relating to any aspect of the Student and Exchange 

7 Visitor Program (SEVP), the Secretary may imme8 diately suspend, without notice, such official’s or 

9 such school’s access to the Student and Exchange 

10 Visitor Information System (SEVIS), including the 

11 ability to issue Form I–20s, pending a final deter12 mination by the Secretary with respect to the insti13 tution’s certification under the Student and Ex14 change Visitor Program.’’. 

15 (b) EFFECT OF CONVICTION FOR VISA FRAUD.— 

16 Such section 641(d), as amended by subsection (a)(2), is 

17 further amended by adding at the end the following: 

18 ‘‘(4) PERMANENT DISQUALIFICATION FOR

19 FRAUD.—A designated school official at, or an owner 

20 of, an approved institution of higher education, an 

21 other approved educational institution, or a des22 ignated exchange visitor program who is convicted 

23 for fraud relating to any aspect of the Student and 

24 Exchange Visitor Program shall be permanently dis25 qualified from filing future petitions and from havVerDate Sep 11 2014 06:34 Jun 24, 2015 Jkt 049200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\S1640.IS S1640

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1 ing an ownership interest or a management role, in2 cluding serving as a principal, owner, officer, board 

3 member, general partner, designated school official, 

4 or any other position of substantive authority for the 

5 operations or management of the institution, in any 

6 United States educational institution that enrolls 

7 nonimmigrant alien students described in subpara8 graph (F) or (M) of section 101(a)(15) the Immi9 gration and Nationality Act (8 U.S.C. 

10 1101(a)(15)).’’. 

11 SEC. 411. BACKGROUND CHECKS. 

12 (a) IN GENERAL.—Section 641(d) of the Illegal Im13 migration Reform and Immigrant Responsibility Act of 

14 1996 (8 U.S.C. 1372(d)), as amended by section 411(b) 

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

16 following: 

17 ‘‘(5) BACKGROUND CHECK REQUIREMENT.— 

18 ‘‘(A) IN GENERAL.—An individual may not 

19 serve as a designated school official or be grant20 ed access to SEVIS unless the individual is a 

21 national of the United States or an alien law22 fully admitted for permanent residence and dur23 ing the most recent 3-year period— 

24 ‘‘(i) the Secretary of Homeland Secu25 rity has— 


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1 ‘‘(I) conducted a thorough back2 ground check on the individual, in3 cluding a review of the individual’s 

4 criminal and sex offender history and 

5 the verification of the individual’s im6 migration status; and 

7 ‘‘(II) determined that the indi8 vidual has not been convicted of any 

9 violation of United States immigration 

10 law and is not a risk to national secu11 rity of the United States; and 

12 ‘‘(ii) the individual has successfully 

13 completed an on-line training course on 

14 SEVP and SEVIS, which has been devel15 oped by the Secretary. 

16 ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI17 CIAL.— 

18 ‘‘(i) IN GENERAL.—An individual may 

19 serve as an interim designated school offi20 cial during the period that the Secretary is 

21 conducting the background check required 

22 by subparagraph (A)(i)(I). 

23 ‘‘(ii) REVIEWS BY THE SECRETARY.— 

24 If an individual serving as an interim des25 ignated school official under clause (i) does 


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1 not successfully complete the background 

2 check required by subparagraph (A)(i)(I), 

3 the Secretary shall review each Form I–20 

4 issued by such interim designated school 

5 official. 

6 ‘‘(6) FEE.—The Secretary is authorized to col7 lect a fee from an approved school for each back8 ground check conducted under paragraph (6)(A)(i). 

9 The amount of such fee shall be equal to the average 

10 amount expended by the Secretary to conduct such 

11 background checks.’’. 

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

13 subsection (a) shall take effect on the date that is 1 year 

14 after the date of the enactment of this Act. 

15 SEC. 412. NUMBER OF DESIGNATED SCHOOL OFFICIALS. 

16 Section 641(d) of the Illegal Immigration Reform and 

17 Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(d)), 

18 as amended by section 412(a) of this Act, is further 

19 amended by adding at the end the following: 

20 ‘‘(7) NUMBER OF DESIGNATED SCHOOL OFFI21 CIALS.—School officials may nominate as many Des22 ignated School Officials (DSOs) in addition to the 

23 school’s Principal Designated School Official 

24 (PDSO) as they determine necessary to adequately 

25 provide recommendations to students enrolled at the 


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1 school regarding maintenance of nonimmigrant sta2 tus under subparagraph (F) or (M) of section 

3 101(a)(15) and to support timely and complete rec4 ordkeeping and reporting to the Secretary of Home5 land Security, as required by this section, except 

6 that a school may not have less than one DSO per 

7 every 200 students who have nonimmigrant status 

8 pursuant to subparagraph (F), (J), or (M) of such 

9 section. School officials shall not permit a DSO or 

10 PDSO nominee access to SEVIS until the Secretary 

11 approves the nomination.’’. 

12 SEC. 413. REPORTING REQUIREMENT. 

13 Section 442(a) of the Homeland Security Act of 2002 

14 (6 U.S.C. 252(a)) is amended— 

15 (1) by redesignating paragraph (5) as para16 graph (6); and 

17 (2) by inserting after paragraph (4) the fol18 lowing: 

19 ‘‘(5) STUDENT AND EXCHANGE VISITOR PRO20 GRAM.—In administering the program under para21 graph (4), the Secretary shall, not later than one 

22 year after the date of the enactment of this para23 graph, prescribe regulations to require an institution 

24 or exchange visitor program sponsor participating in 

25 the Student Exchange Visitor Program to ensure 


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1 that each student or exchange visitor who has non2 immigrant status pursuant to subparagraph (F), 

3 (J), or (M) of section 101(a)(15) of the Immigration 

4 and Nationality Act (8 U.S.C. 1101(a)(15)) enrolled 

5 at the institution or attending the exchange visitor 

6 program is reported to the Department within 10 

7 days of— 

8 ‘‘(A) transferring to another institution or 

9 program; 

10 ‘‘(B) changing academic majors; or 

11 ‘‘(C) any other changes to information re12 quired to be maintained in the system described 

13 in paragraph (4).’’. 

14 SEC. 414. FLIGHT SCHOOLS NOT CERTIFIED BY FAA. 

15 (a) IN GENERAL.—Except as provided in subsection 

16 (b), the Secretary of Homeland Security shall prohibit any 

17 flight school in the United States from accessing SEVIS 

18 or issuing a Form I–20 to an alien seeking a student visa 

19 pursuant to subparagraph (F)(i) or (M)(i) of section 

20 101(a)(15) of the Immigration and Nationality Act (8 

21 U.S.C. 1101(a)(15)) if the flight school has not been cer22 tified to the satisfaction of the Secretary and by the Fed23 eral Aviation Administration pursuant to part 141 or part 

24 142 of title 14, Code of Federal Regulations (or similar 

25 successor regulations). 


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1 (b) TEMPORARY EXCEPTION.—During the 5-year pe2 riod beginning on the date of the enactment of this Act, 

3 the Secretary may waive the requirement under subsection 

4 (a) that a flight school be certified by the Federal Aviation 

5 Administration if such flight school— 

6 (1) was certified under the Student and Ex7 change Visitor Program on the date of the enact8 ment of this Act; 

9 (2) submitted an application for certification 

10 with the Federal Aviation Administration during the 

11 1-year period beginning on such date; and 

12 (3) continues to progress toward certification by 

13 the Federal Aviation Administration. 

14 SEC. 415. REVOCATION OF ACCREDITATION. 

15 At the time an accrediting agency or association is 

16 required to notify the Secretary of Education and the ap17 propriate State licensing or authorizing agency of the final 

18 denial, withdrawal, suspension, or termination of accredi19 tation of an institution pursuant to section 496 of the 

20 Higher Education Act of 1965 (20 U.S.C. 1099b), such 

21 accrediting agency or association shall notify the Secretary 

22 of Homeland Security of such determination and the Sec23 retary of Homeland Security shall immediately terminate 

24 the school’s Student and Exchange Visitor Program 

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1 ing the Student and Exchange Visitor Information System 

2 (SEVIS). 

3 SEC. 416. REPORT ON RISK ASSESSMENT. 

4 Not later than 180 days after the date of the enact5 ment of this Act, the Secretary of Homeland Security shall 

6 submit to the Committee on the Judiciary of the Senate 

7 and the Committee on the Judiciary of the House of Rep8 resentatives a report that contains the risk assessment 

9 strategy that will be employed by the Secretary to identify, 

10 investigate, and take appropriate action against schools 

11 and school officials that are facilitating the issuance of 

12 Form I–20 and the maintenance of student visa status 

13 in violation of the immigration laws of the United States. 

14 SEC. 417. IMPLEMENTATION OF GAO RECOMMENDATIONS. 

15 Not later than 180 days after the date of the enact16 ment of this act, the Secretary of Homeland Security shall 

17 submit to the Committee on the Judiciary of the Senate 

18 and the Committee on the Judiciary of the House of Rep19 resentatives a report that describes— 

20 (1) the process in place to identify and assess 

21 risks in the SEVP; 

22 (2) a risk assessment process to allocate 

23 SEVP’s resources based on risk; 


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1 (3) the procedures in place for consistently en2 suring a school’s eligibility, including consistently 

3 verifying in lieu of letters; 

4 (4) how SEVP identified and addressed missing 

5 school case files; 

6 (5) a plan to develop and implement a process 

7 to monitor State licensing and accreditation status 

8 of all SEVP-certified schools; 

9 (6) whether all flight schools that have not been 

10 certified to the satisfaction of the Secretary and by 

11 the Federal Aviation Administration have been re12 moved from the program and have been restricted 

13 from accessing SEVIS; 

14 (7) the standard operating procedures that gov15 ern coordination among SEVP, the U.S. Immigra16 tion and Customs Enforcement (ICE) Counterter17 rorism and Criminal Exploitation Unit, and ICE 

18 field offices; and 

19 (8) the established criteria for referring cases of 

20 a potentially criminal nature from SEVP to the 

21 counterterrorism and intelligence community. 

22 SEC. 418. IMPLEMENTATION OF SEVIS II. 

23 Not later than 2 years after the date of the enact24 ment of this Act, the Secretary of Homeland Security shall 

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1 tion Student and Exchange Visitor Information System 

2 (commonly known as ‘‘SEVIS II’’). 

3 SEC. 419. DEFINITIONS. 

4 (a) DEFINITIONS.—For purposes of this title: 

5 (1) SEVIS.—The term ‘‘SEVIS’’ means the 

6 Student and Exchange Visitor Information System 

7 of the Department of Homeland Security. 

8 (2) SEVP.—The term ‘‘SEVP’’ means the Stu9 dent and Exchange Visitor Program of the Depart10 ment of Homeland Security. 

11 TITLE V—AID TO U.S. IMMIGRA12 TION AND CUSTOMS EN13 FORCEMENT OFFICERS 

14 SEC. 501. ICE IMMIGRATION ENFORCEMENT AGENTS. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity shall authorize all immigration enforcement agents 

17 and deportation officers of the Department of Homeland 

18 Security who have successfully completed basic immigra19 tion law enforcement training to exercise the powers con20 ferred by— 

21 (1) section 287(a)(5)(A) of the Immigration 

22 and Nationality Act to arrest for any offense against 

23 the United States; 

24 (2) section 287(a)(5)(B) of such Act to arrest 

25 for any felony; 


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1 (3) section 274(a) of such Act to arrest for 

2 bringing in, transporting, or harboring certain 

3 aliens, or inducing them to enter; 

4 (4) section 287(a) of such Act to execute war5 rants of arrest for administrative immigration viola6 tions issued under section 236 of the Act or to exe7 cute warrants of criminal arrest issued under the 

8 authority of the United States; and 

9 (5) section 287(a) of such Act to carry fire10 arms, provided that they are individually qualified by 

11 training and experience to handle and safely operate 

12 the firearms they are permitted to carry, maintain 

13 proficiency in the use of such firearms, and adhere 

14 to the provisions of the enforcement standard gov15 erning the use of force. 

16 (b) ARREST POWERS.—Section 287(a)(2) of the Im17 migration and Nationality Act (8 U.S.C. 1357(a)(2)) is 

18 amended by striking ‘‘regulation and is likely to escape 

19 before a warrant can be obtained for his arrest,’’ and in20 serting ‘‘regulation,’’. 

21 (c) PAY.—Immigration enforcement agents shall be 

22 paid on the same scale as Immigration and Customs En23 forcement deportation officers and shall receive the same 

24 benefits. 


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1 SEC. 502. ICE DETENTION ENFORCEMENT OFFICERS. 

2 (a) AUTHORIZATION.—The Secretary of Homeland 

3 Security is authorized to hire 2,500 Immigration and Cus4 toms Enforcement detention enforcement officers. 

5 (b) DUTIES.—Immigration and Customs Enforce6 ment detention enforcement officers who have successfully 

7 completed detention enforcement officers’ basic training 

8 shall be responsible for— 

9 (1) taking and maintaining custody of any per10 son who has been arrested by an immigration offi11 cer; 

12 (2) transporting and guarding immigration de13 tainees; 

14 (3) securing Department of Homeland Security 

15 detention facilities; and 

16 (4) assisting in the processing of detainees. 

17 SEC. 503. ENSURING THE SAFETY OF ICE OFFICERS AND 

18 AGENTS. 

19 (a) BODY ARMOR.—The Secretary of Homeland Se20 curity shall ensure that every Immigration and Customs 

21 Enforcement deportation officer and immigration enforce22 ment agent on duty is issued high-quality body armor that 

23 is appropriate for the climate and risks faced by the agent. 

24 Enough body armor must be purchased to cover every 

25 agent in the field. 


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1 (b) WEAPONS.—Such Secretary shall ensure that Im2 migration and Customs Enforcement deportation officers 

3 and immigration enforcement agents are equipped with 

4 weapons that are reliable and effective to protect them5 selves, their fellow agents, and innocent third parties from 

6 the threats posed by armed criminals. Such weapons shall 

7 include, at a minimum, standard-issue handguns, M–4 (or 

8 equivalent) rifles, and Tasers. 

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

10 90 days after the date of the enactment of this Act. 

11 SEC. 504. ICE ADVISORY COUNCIL. 

12 (a) ESTABLISHMENT.—An ICE Advisory Council 

13 shall be established not later than 3 months after the date 

14 of the enactment of this Act. 

15 (b) MEMBERSHIP.—The ICE Advisor Council shall 

16 be comprised of 7 members. 

17 (c) APPOINTMENT.—Members shall to be appointed 

18 in the following manner: 

19 (1) One member shall be appointed by the 

20 President. 

21 (2) One member shall be appointed by the 

22 Chairman of the Judiciary Committee of the House 

23 of Representatives. 

24 (3) One member shall be appointed by the 

25 Chairman of the Judiciary Committee of the Senate. 


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1 (4) One member shall be appointed by the 

2 Local 511, the ICE prosecutor’s union. 

3 (5) Three members shall be appointed by the 

4 National Immigration and Customs Enforcement 

5 Council. 

6 (d) TERM.—Members shall serve renewable, 2-year 

7 terms. 

8 (e) VOLUNTARY.—Membership shall be voluntary and 

9 non-remunerated, except that members will receive reim10 bursement from the Secretary of Homeland Security for 

11 travel and other related expenses. 

12 (f) RETALIATION PROTECTION.—Members who are 

13 employed by the Secretary of Homeland Security shall be 

14 protected from retaliation by their supervisors, managers, 

15 and other Department of Homeland Security employees 

16 for their participation on the Council. 

17 (g) PURPOSE.—The purpose of the Council is to ad18 vise the Congress and the Secretary of Homeland Security 

19 on issues including the following: 

20 (1) The current status of immigration enforce21 ment efforts, including prosecutions and removals, 

22 the effectiveness of such efforts, and how enforce23 ment could be improved. 

24 (2) The effectiveness of cooperative efforts be25 tween the Secretary of Homeland Security and other 


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1 law enforcement agencies, including additional types 

2 of enforcement activities that the Secretary should 

3 be engaged in, such as State and local criminal task 

4 forces. 

5 (3) Personnel, equipment, and other resource 

6 needs of field personnel. 

7 (4) Improvements that should be made to the 

8 organizational structure of the Department of 

9 Homeland Security, including whether the position 

10 of immigration enforcement agent should be merged 

11 into the deportation officer position. 

12 (5) The effectiveness of specific enforcement 

13 policies and regulations promulgated by the Sec14 retary of Homeland Security, and whether other en15 forcement priorities should be considered. 

16 (h) REPORTS.—The Council shall provide quarterly 

17 reports to the Chairmen and Ranking Members of the Ju18 diciary Committees of the Senate and the House of Rep19 resentatives and to the Secretary of Homeland Security. 

20 The Council members shall meet directly with the Chair21 men and Ranking Members (or their designated represent22 atives) and with the Secretary to discuss their reports 

23 every 6 months. 


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1 SEC. 505. PILOT PROGRAM FOR ELECTRONIC FIELD PROC2 ESSING. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity shall establish a pilot program in at least five of the 

5 ten Immigration and Customs Enforcement field offices 

6 with the largest removal caseloads to allow Immigration 

7 and Customs deportation officers and immigration en8 forcement agents to— 

9 (1) electronically process and serve charging 

10 documents, including Notices to Appear, while in the 

11 field; and 

12 (2) electronically process and place detainers 

13 while in the field. 

14 (b) DUTIES.—The pilot program described in sub15 section (a) shall be designed to allow deportation officers 

16 and immigration enforcement agents to use handheld or 

17 vehicle-mounted computers to— 

18 (1) enter any required data, including personal 

19 information about the alien subject and the reason 

20 for issuing the document; 

21 (2) apply the electronic signature of the issuing 

22 officer or agent; 

23 (3) set the date the alien is required to appear 

24 before an immigration judge, in the case of Notices 

25 to Appear; 


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1 (4) print any documents the alien subject may 

2 be required to sign, along with additional copies of 

3 documents to be served on the alien; and 

4 (5) interface with the ENFORCE database so 

5 that all data is stored and retrievable. 

6 (c) CONSTRUCTION.—The pilot program described in 

7 subsection (a) shall be designed to replace, to the extent 

8 possible, the current paperwork and data-entry process 

9 used for issuing such charging documents and detainers. 

10 (d) DEADLINE.—The Secretary shall initiate the pilot 

11 program described in subsection (a) within 6 months of 

12 the date of enactment of this Act. 

13 (e) REPORT.—The Government Accountability Office 

14 shall report to the Judiciary Committee of the Senate and 

15 the House of Representatives no later than 18 months 

16 after the date of enactment of this Act on the effectiveness 

17 of the pilot program and provide recommendations for im18 proving it. 

19 (f) ADVISORY COUNCIL.—The ICE Advisory Council 

20 established by section 504 shall include recommendations 

21 on how the pilot program should work in the first quar22 terly report of the Council, and shall include assessments 

23 of the program and recommendations for improvement in 

24 each subsequent report. 


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

2 180 days after the date of the enactment of this Act. 

3 SEC. 506. ADDITIONAL ICE DEPORTATION OFFICERS AND 

4 SUPPORT STAFF. 

5 (a) IN GENERAL.—The Secretary of Homeland Secu6 rity shall, subject to the availability of appropriations for 

7 such purpose, increase the number of positions for full8 time active-duty Immigration and Customs Enforcement 

9 deportation officers by 5,000 above the number of full10 time positions for which funds were appropriated for fiscal 

11 year 2013. The Secretary will determine the rate at which 

12 the additional officers will be added with due regard to 

13 filling the positions as expeditiously as possible without 

14 making any compromises in the selection or the training 

15 of the additional officers. 

16 (b) SUPPORT STAFF.—The Secretary shall, subject 

17 to the availability of appropriations for such purpose, in18 crease the number of positions for full-time support staff 

19 for Immigration and Customs Enforcement deportation 

20 officers by 700 above the number of full-time positions for 

21 which funds were appropriated for fiscal year 2013. 

22 SEC. 507. ADDITIONAL ICE PROSECUTORS. 

23 The Secretary of Homeland Security shall increase 

24 by 60 the number of full-time trial attorneys working for 


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1 the Immigration and Customs Enforcement Office of the 

2 Principal Legal Advisor. 

3 TITLE VI—MISCELLANEOUS 

4 ENFORCEMENT PROVISIONS 

5 SEC. 601. TIMELY REPATRIATION. 

6 (a) LISTING OF COUNTRIES.—Beginning on the date 

7 that is 6 months after the date of enactment of this Act, 

8 and every 6 months thereafter, the Secretary of Homeland 

9 Security shall publish a report including the following: 

10 (1) A list of the following: 

11 (A) Countries that have refused or unrea12 sonably delayed repatriation of an alien who is 

13 a national of that country since the date of en14 actment of this Act and the total number of 

15 such aliens, disaggregated by nationality. 

16 (B) Countries that have an excessive repa17 triation failure rate. 

18 (2) A list of each country that was included 

19 under subparagraph (B) or (C) of paragraph (1) in 

20 both the report preceding the current report and the 

21 current report. 

22 (b) SANCTIONS.—Beginning on the date that a coun23 try is included in a list under subsection (a)(2) and ending 

24 on the date that such country is not included in such list, 

25 such country shall be subject to the following: 


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1 (1) The Secretary of State may not issue visas 

2 under section 101(a)(15)(A)(iii) of the Immigration 

3 and Nationality Act (8 U.S.C. 1101(a)(15)(A)(iii)) 

4 to attendants, servants, personal employees, and 

5 members of their immediate families, of the officials 

6 and employees of such country who receive non7 immigrant status under clause (i) or (ii) of section 

8 101(a)(15)(A) of such Act. 

9 (2) Each 6 months thereafter that the country 

10 is included in that list, the Secretary of State shall 

11 reduce the number of visas available under clause (i) 

12 or (ii) of section 101(a)(15)(A) of the Immigration 

13 and Nationality Act in a fiscal year to nationals of 

14 that country by an amount equal to 10 percent of 

15 the baseline visa number for such country. Except as 

16 provided under section 243(d) of the Immigration 

17 and Nationality Act (8 U.S.C. 1253), the Secretary 

18 may not reduce the number to a level below 20 per19 cent of the baseline visa number. 

20 (c) WAIVERS.— 

21 (1) NATIONAL SECURITY WAIVER.—If the Sec22 retary of State submits to Congress a written deter23 mination that significant national security interests 

24 of the United States require a waiver of the sanc25 tions under subsection (b), the Secretary may waive 


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1 any reduction below 80 percent of the baseline visa 

2 number. The Secretary of Homeland Security may 

3 not delegate the authority under this subsection. 

4 (2) TEMPORARY EXIGENT CIRCUMSTANCES.—If 

5 the Secretary of State submits to Congress a written 

6 determination that temporary exigent circumstances 

7 require a waiver of the sanctions under subsection 

8 (b), the Secretary may waive any reduction below 80 

9 percent of the baseline visa number during 6-month 

10 renewable periods. The Secretary of Homeland Secu11 rity may not delegate the authority under this sub12 section. 

13 (d) EXEMPTION.—The Secretary of Homeland Secu14 rity, in consultation with the Secretary of State, may ex15 empt a country from inclusion in a list under subsection 

16 (a)(2) if the total number of nonrepatriations outstanding 

17 is less than 10 for the preceding 3-year period. 

18 (e) UNAUTHORIZED VISA ISSUANCE.—Any visa 

19 issued in violation of this section shall be void. 

20 (f) NOTICE.—If an alien who has been convicted of 

21 a criminal offense before a Federal or State court whose 

22 repatriation was refused or unreasonably delayed is to be 

23 released from detention by the Secretary of Homeland Se24 curity, the Secretary shall provide notice to the State and 

25 local law enforcement agency for the jurisdictions in which 


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1 the alien is required to report or is to be released. When 

2 possible, and particularly in the case of violent crime, the 

3 Secretary shall make a reasonable effort to provide notice 

4 of such release to any crime victims and their immediate 

5 family members. 

6 (g) DEFINITIONS.—For purposes of this section: 

7 (1) REFUSED OR UNREASONABLY DELAYED.— 

8 A country is deemed to have refused or unreasonably 

9 delayed the acceptance of an alien who is a citizen, 

10 subject, national, or resident of such country if, not 

11 later than 90 days after receiving a request to repa12 triate such alien from an official of the United 

13 States who is authorized to make such a request, the 

14 country does not accept the alien or issue valid trav15 el documents. 

16 (2) FAILURE RATE.—The term ‘‘failure rate’’ 

17 for a period means the percentage determined by di18 viding the total number of repatriation requests for 

19 aliens who are citizens, subjects, nationals, or resi20 dents of a country that such country refused or un21 reasonably delayed during that period by the total 

22 number of such requests during that period. 

23 (3) EXCESSIVE REPATRIATION FAILURE

24 RATE.—The term ‘‘excessive repatriation failure 

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1 section (a), a failure rate greater than 10 percent 

2 for any of the following: 

3 (A) The period of the 3 full fiscal years 

4 preceding the date of publication of the report. 

5 (B) The period of 1 year preceding the 

6 date of publication of the report. 

7 (4) NUMBER OF NON-REPATRIATIONS OUT8 STANDING.—The term ‘‘number of non-repatriations 

9 outstanding’’ means, for a period, the number of 

10 unique aliens whose repatriation a country has re11 fused or unreasonably delayed and whose repatri12 ation has not occurred during that period. 

13 (5) BASELINE VISA NUMBER.—The term ‘‘base14 line visa number’’ means, with respect to a country, 

15 the average number of visas issued each fiscal year 

16 to nationals of that country under clauses (i) and 

17 (ii) of section 101(a)(15)(A) of the Immigration and 

18 Nationality Act (8 U.S.C. 1101(a)(15)(A)) for the 3 

19 full fiscal years immediately preceding the first re20 port under subsection (a) in which such country is 

21 included in the list under subsection (a)(2). 

22 (h) GAO REPORT.—On the date that is 1 day after 

23 the date that the President submits a budget under sec24 tion 1105(a) of title 31, United States Code, for fiscal year 

25 2016, the Comptroller General of the United States shall 


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1 submit a report to Congress regarding the progress of the 

2 Secretary of Homeland Security and the Secretary of 

3 State in implementation of this section and in making re4 quests to repatriate aliens as appropriate. 

5 SEC. 602. ENCOURAGING ALIENS TO DEPART VOLUN6 TARILY. 

7 (a) IN GENERAL.—Section 240B of the Immigration 

8 and Nationality Act (8 U.S.C. 1229c) is amended— 

9 (1) in subsection (a)— 

10 (A) by amending paragraph (1) to read as 

11 follows: 

12 ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If 

13 an alien is not described in paragraph (2)(A)(iii) or 

14 (4) of section 237(a), the Secretary of Homeland Se15 curity may permit the alien to voluntarily depart the 

16 United States at the alien’s own expense under this 

17 subsection instead of being subject to proceedings 

18 under section 240.’’; 

19 (B) by striking paragraph (3); 

20 (C) by redesignating paragraph (2) as 

21 paragraph (3); 

22 (D) by adding after paragraph (1) the fol23 lowing: 

24 ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL

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1 graph (2)(A)(iii) or (4) of section 237(a), the Attor2 ney General may permit the alien to voluntarily de3 part the United States at the alien’s own expense 

4 under this subsection after the initiation of removal 

5 proceedings under section 240 and before the con6 clusion of such proceedings before an immigration 

7 judge.’’; 

8 (E) in paragraph (3), as redesignated— 

9 (i) by amending subparagraph (A) to 

10 read as follows: 

11 ‘‘(A) INSTEAD OF REMOVAL.—Subject to 

12 subparagraph (C), permission to voluntarily de13 part under paragraph (1) shall not be valid for 

14 any period in excess of 120 days. The Secretary 

15 may require an alien permitted to voluntarily 

16 depart under paragraph (1) to post a voluntary 

17 departure bond, to be surrendered upon proof 

18 that the alien has departed the United States 

19 within the time specified.’’; 

20 (ii) by redesignating subparagraphs 

21 (B), (C), and (D) as subparagraphs (C), 

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

23 (iii) by adding after subparagraph (A) 

24 the following: 


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1 ‘‘(B) BEFORE THE CONCLUSION OF RE2 MOVAL PROCEEDINGS.—Permission to volun3 tarily depart under paragraph (2) shall not be 

4 valid for any period in excess of 60 days, and 

5 may be granted only after a finding that the 

6 alien has the means to depart the United States 

7 and intends to do so. An alien permitted to vol8 untarily depart under paragraph (2) shall post 

9 a voluntary departure bond, in an amount nec10 essary to ensure that the alien will depart, to be 

11 surrendered upon proof that the alien has de12 parted the United States within the time speci13 fied.’’; 

14 (iv) in subparagraph (C), as redesig15 nated, by striking ‘‘subparagraphs (C) and 

16 (D)(ii)’’ and inserting ‘‘subparagraphs (D) 

17 and (E)(ii)’’; 

18 (v) in subparagraph (D), as redesig19 nated, by striking ‘‘subparagraph (B)’’ 

20 each place that term appears and inserting 

21 ‘‘subparagraph (C)’’; and 

22 (vi) in subparagraph (E), as redesig23 nated, by striking ‘‘subparagraph (B)’’ 

24 each place that term appears and inserting 

25 ‘‘subparagraph (C)’’; and 


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1 (F) in paragraph (4), by striking ‘‘para2 graph (1)’’ and inserting ‘‘paragraphs (1) and 

3 (2)’’; 

4 (2) in subsection (b)(2), by striking ‘‘a period 

5 exceeding 60 days’’ and inserting ‘‘any period in ex6 cess of 45 days’’; 

7 (3) by amending subsection (c) to read as fol8 lows: 

9 ‘‘(c) CONDITIONS ON VOLUNTARY DEPARTURE.— 

10 ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— 

11 Voluntary departure may only be granted as part of 

12 an affirmative agreement by the alien. A voluntary 

13 departure agreement under subsection (b) shall in14 clude a waiver of the right to any further motion, 

15 appeal, application, petition, or petition for review 

16 relating to removal or relief or protection from re17 moval. 

18 ‘‘(2) CONCESSIONS BY THE SECRETARY.—In 

19 connection with the alien’s agreement to depart vol20 untarily under paragraph (1), the Secretary of 

21 Homeland Security may agree to a reduction in the 

22 period of inadmissibility under subparagraph (A) or 

23 (B)(i) of section 212(a)(9). 

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1 ceedings under section 240, or at the conclusion of 

2 such proceedings, shall be presented on the record 

3 before the immigration judge. The immigration 

4 judge shall advise the alien of the consequences of 

5 a voluntary departure agreement before accepting 

6 such agreement. 

7 ‘‘(4) FAILURE TO COMPLY WITH AGREE8 MENT.— 

9 ‘‘(A) IN GENERAL.—If an alien agrees to 

10 voluntary departure under this section and fails 

11 to depart the United States within the time al12 lowed for voluntary departure or fails to comply 

13 with any other terms of the agreement (includ14 ing failure to timely post any required bond), 

15 the alien is— 

16 ‘‘(i) ineligible for the benefits of the 

17 agreement; 

18 ‘‘(ii) subject to the penalties described 

19 in subsection (d); and 

20 ‘‘(iii) subject to an alternate order of 

21 removal if voluntary departure was granted 

22 under subsection (a)(2) or (b). 

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1 gration judge’s decision granting voluntary de2 parture, the alien may pursue the appeal in3 stead of the voluntary departure agreement. 

4 Such appeal operates to void the alien’s vol5 untary departure agreement and the con6 sequences of such agreement, but precludes the 

7 alien from another grant of voluntary departure 

8 while the alien remains in the United States. 

9 ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF10 FECTED.—Except as expressly agreed to by the Sec11 retary in writing in the exercise of the Secretary’s 

12 discretion before the expiration of the period allowed 

13 for voluntary departure, no motion, appeal, applica14 tion, petition, or petition for review shall affect, rein15 state, enjoin, delay, stay, or toll the alien’s obligation 

16 to depart from the United States during the period 

17 agreed to by the alien and the Secretary.’’; 

18 (4) by amending subsection (d) to read as fol19 lows: 

20 ‘‘(d) PENALTIES FOR FAILURE TO DEPART.—If an 

21 alien is permitted to voluntarily depart under this section 

22 and fails to voluntarily depart from the United States 

23 within the time period specified or otherwise violates the 

24 terms of a voluntary departure agreement, the alien will 

25 be subject to the following penalties: 


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1 ‘‘(1) CIVIL PENALTY.—The alien shall be liable 

2 for a civil penalty of $3,000. The order allowing vol3 untary departure shall specify this amount, which 

4 shall be acknowledged by the alien on the record. If 

5 the Secretary thereafter establishes that the alien 

6 failed to depart voluntarily within the time allowed, 

7 no further procedure will be necessary to establish 

8 the amount of the penalty, and the Secretary may 

9 collect the civil penalty at any time thereafter and 

10 by whatever means provided by law. An alien will be 

11 ineligible for any benefits under this chapter until 

12 this civil penalty is paid. 

13 ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien 

14 shall be ineligible during the time the alien remains 

15 in the United States and for a period of 10 years 

16 after the alien’s departure for any further relief 

17 under this section and sections 240A, 245, 248, and 

18 249. The order permitting the alien to depart volun19 tarily shall inform the alien of the penalties under 

20 this subsection. 

21 ‘‘(3) REOPENING.—The alien shall be ineligible 

22 to reopen the final order of removal that took effect 

23 upon the alien’s failure to depart, or upon the alien’s 

24 other violations of the conditions for voluntary de25 parture, during the period described in paragraph 


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1 (2). This paragraph does not preclude a motion to 

2 reopen to seek withholding of removal under section 

3 241(b)(3) or protection against torture, if the mo4 tion— 

5 ‘‘(A) presents material evidence of changed 

6 country conditions arising after the date of the 

7 order granting voluntary departure in the coun8 try to which the alien would be removed; and 

9 ‘‘(B) makes a sufficient showing to the sat10 isfaction of the Attorney General that the alien 

11 is otherwise eligible for such protection.’’; 

12 (5) by amending subsection (e) to read as fol13 lows: 

14 ‘‘(e) ELIGIBILITY.— 

15 ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR16 TURE.—An alien shall not be permitted to volun17 tarily depart under this section if the Secretary of 

18 Homeland Security or the Attorney General pre19 viously permitted the alien to depart voluntarily. 

20 ‘‘(2) RULEMAKING.—The Secretary may pro21 mulgate regulations to limit eligibility or impose ad22 ditional conditions for voluntary departure under 

23 subsection (a)(1) for any class of aliens. The Sec24 retary or Attorney General may by regulation limit 

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1 untary departure under subsection (a)(2) or (b) of 

2 this section for any class or classes of aliens.’’; and 

3 (6) in subsection (f), by adding at the end the 

4 following: ‘‘Notwithstanding section 242(a)(2)(D) of 

5 this Act, sections 1361, 1651, and 2241 of title 28, 

6 United States Code, any other habeas corpus provi7 sion, and any other provision of law (statutory or 

8 nonstatutory), no court shall have jurisdiction to af9 fect, reinstate, enjoin, delay, stay, or toll the period 

10 allowed for voluntary departure under this section.’’. 

11 (b) RULEMAKING.—The Secretary shall within one 

12 year of the date of enactment of this Act promulgate regu13 lations to provide for the imposition and collection of pen14 alties for failure to depart under section 240B(d) of the 

15 Immigration and Nationality Act (8 U.S.C. 1229c(d)). 

16 (c) EFFECTIVE DATES.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), the amendments made by this section 

19 shall apply with respect to all orders granting vol20 untary departure under section 240B of the Immi21 gration and Nationality Act (8 U.S.C. 1229c) made 

22 on or after the date that is 180 days after the enact23 ment of this Act. 

24 (2) EXCEPTION.—The amendment made by 

25 subsection (a)(6) shall take effect on the date of the 


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1 enactment of this Act and shall apply with respect 

2 to any petition for review which is filed on or after 

3 such date. 

4 SEC. 603. DETERRING ALIENS ORDERED REMOVED FROM 

5 REMAINING IN THE UNITED STATES UNLAW6 FULLY. 

7 (a) INADMISSIBLE ALIENS.—Section 212(a)(9)(A) of 

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

9 1182(a)(9)(A)) is amended— 

10 (1) in clause (i), by striking ‘‘seeks admission 

11 within 5 years of the date of such removal (or within 

12 20 years’’ and inserting ‘‘seeks admission not later 

13 than 5 years after the date of the alien’s removal (or 

14 not later than 20 years after the alien’s removal’’; 

15 and 

16 (2) in clause (ii), by striking ‘‘seeks admission 

17 within 10 years of the date of such alien’s departure 

18 or removal (or within 20 years of’’ and inserting 

19 ‘‘seeks admission not later than 10 years after the 

20 date of the alien’s departure or removal (or not later 

21 than 20 years after’’. 

22 (b) BAR ON DISCRETIONARY RELIEF.—Section 274D 

23 of such Act (8 U.S.C. 324d) is amended— 


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1 (1) in subsection (a), by striking ‘‘Commis2 sioner’’ and inserting ‘‘Secretary of Homeland Secu3 rity’’; and 

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

5 ‘‘(c) INELIGIBILITY FOR RELIEF.— 

6 ‘‘(1) IN GENERAL.—Unless a timely motion to 

7 reopen is granted under section 240(c)(6), an alien 

8 described in subsection (a) shall be ineligible for any 

9 discretionary relief from removal (including cancella10 tion of removal and adjustment of status) during the 

11 time the alien remains in the United States and for 

12 a period of 10 years after the alien’s departure from 

13 the United States. 

14 ‘‘(2) SAVINGS PROVISION.—Nothing in para15 graph (1) shall preclude a motion to reopen to seek 

16 withholding of removal under section 241(b)(3) or 

17 protection against torture, if the motion— 

18 ‘‘(A) presents material evidence of changed 

19 country conditions arising after the date of the 

20 final order of removal in the country to which 

21 the alien would be removed; and 

22 ‘‘(B) makes a sufficient showing to the sat23 isfaction of the Attorney General that the alien 

24 is otherwise eligible for such protection.’’. 


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1 (c) EFFECTIVE DATES.—The amendments made by 

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

3 of this Act with respect to aliens who are subject to a final 

4 order of removal entered before, on, or after such date. 

5 SEC. 604. REINSTATEMENT OF REMOVAL ORDERS. 

6 (a) IN GENERAL.—Section 241(a)(5) of the Immi7 gration and Nationality Act (8 U.S.C. 1231(a)(5)) is 

8 amended to read as follows: 

9 ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS

10 AGAINST ALIENS ILLEGALLY REENTERING.—If the 

11 Secretary of Homeland Security finds that an alien 

12 has entered the United States illegally after having 

13 been removed, deported, or excluded or having de14 parted voluntarily, under an order of removal, depor15 tation, or exclusion, regardless of the date of the 

16 original order or the date of the illegal entry— 

17 ‘‘(A) the order of removal, deportation, or 

18 exclusion is reinstated from its original date 

19 and is not subject to being reopened or reviewed 

20 notwithstanding section 242(a)(2)(D); 

21 ‘‘(B) the alien is not eligible and may not 

22 apply for any relief under this Act, regardless 

23 of the date that an application or request for 

24 such relief may have been filed or made; and 


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1 ‘‘(C) the alien shall be removed under the 

2 order of removal, deportation, or exclusion at 

3 any time after the illegal entry. 

4 Reinstatement under this paragraph shall not re5 quire proceedings under section 240 or other pro6 ceedings before an immigration judge.’’. 

7 (b) JUDICIAL REVIEW.—Section 242 of the Immigra8 tion and Nationality Act (8 U.S.C. 1252) is amended by 

9 adding at the end the following: 

10 ‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT UNDER

11 SECTION 241(a)(5).— 

12 ‘‘(1) REVIEW OF REINSTATEMENT.—Judicial 

13 review of determinations under section 241(a)(5) is 

14 available in an action under subsection (a). 

15 ‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Not16 withstanding any other provision of law (statutory or 

17 nonstatutory), including section 2241 of title 28, 

18 United States Code, any other habeas corpus provi19 sion, or sections 1361 and 1651 of such title, no 

20 court shall have jurisdiction to review any cause or 

21 claim, arising from, or relating to, any challenge to 

22 the original order.’’. 

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

24 subsections (a) and (b) shall take effect as if enacted on 

25 April 1, 1997, and shall apply to all orders reinstated or 


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1 after that date by the Secretary of Homeland Security (or 

2 by the Attorney General prior to March 1, 2003), regard3 less of the date of the original order. 

4 SEC. 605. CLARIFICATION WITH RESPECT TO DEFINITION 

5 OF ADMISSION. 

6 Section 101(a)(13)(A) of the Immigration and Na7 tionality Act (8 U.S.C. 1101(a)(13)(A)) is amended by 

8 adding at the end the following: ‘‘An alien’s adjustment 

9 of status to that of lawful permanent resident status under 

10 any provision of this Act, or under any other provision 

11 of law, shall be considered an ‘admission’ for any purpose 

12 under this Act, even if the adjustment of status occurred 

13 while the alien was present in the United States.’’. 

14 SEC. 606. REPORTS TO CONGRESS. 

15 (a) IN GENERAL.—Not later than 30 days after the 

16 end of each quarter of a fiscal year, the Secretary of 

17 Homeland Security and the Attorney General shall each 

18 provide to the Committee on the Judiciary of the Senate 

19 and the Committee on the Judiciary of the House of Rep20 resentatives a report on the following: 

21 (1) Aliens apprehended or arrested by State or 

22 local law enforcement agencies who were identified 

23 by the Department of Homeland Security in the pre24 vious quarter and for whom the Department of 

25 Homeland Security did not issue detainers and did 


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1 not take into custody despite the Department of 

2 Homeland Security’s findings that the aliens were 

3 inadmissible or deportable. 

4 (2) Aliens who were applicants for admission in 

5 the previous quarter but not clearly and beyond a 

6 doubt entitled to be admitted by an immigration of7 ficer and who were not detained as required pursu8 ant to section 235(b)(2)(A) of the Immigration and 

9 Nationality Act (8 U.S.C. 1225(b)(2)(A)). 

10 (3) Aliens who in the previous quarter were 

11 found by Department of Homeland Security officials 

12 performing duties related to the adjudication of ap13 plications for immigration benefits or the enforce14 ment of the immigration laws to be inadmissible or 

15 deportable who were not issued notices to appear 

16 pursuant to section 239 of such Act (8 U.S.C. 1229) 

17 or placed into removal proceedings pursuant to sec18 tion 240 (8 U.S.C. 1229a), unless the aliens were 

19 placed into expedited removal proceedings pursuant 

20 to section 235(b)(1)(A)(i) (8 U.S.C. 

21 1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), 

22 were granted voluntary departure pursuant to sec23 tion 240B, were granted relief from removal pursu24 ant to statute, were granted legal nonimmigrant or 


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1 immigrant status pursuant to statute, or were deter2 mined not to be inadmissible or deportable. 

3 (4) Aliens issued notices to appear that were 

4 cancelled in the previous quarter despite the Depart5 ment of Homeland Security’s findings that the aliens 

6 were inadmissible or deportable, unless the aliens 

7 were granted relief from removal pursuant to stat8 ute, were granted voluntary departure pursuant to 

9 section 240B of such Act (8 U.S.C. 1229c), or were 

10 granted legal nonimmigrant or immigrant status 

11 pursuant to statute. 

12 (5) Aliens who were placed into removal pro13 ceedings, whose removal proceedings were termi14 nated or administratively closed in the previous 

15 quarter prior to their conclusion, unless the aliens 

16 were granted relief from removal pursuant to stat17 ute, were granted voluntary departure pursuant to 

18 section 240B, were granted legal nonimmigrant or 

19 immigrant status pursuant to statute, or were deter20 mined not to be inadmissible or deportable. 

21 (6) Aliens granted parole pursuant to section 

22 212(d)(5)(A) of such Act (8 U.S.C. 1182(d)(5)(A)). 

23 (7) Aliens granted deferred action, extended 

24 voluntary departure or any other type of relief from 

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1 tionality Act or where determined not to be inadmis2 sible or deportable. 

3 (8) Aliens released from custody, including the 

4 number of releases, the number of aliens who were 

5 released who have a criminal history, the general 

6 reasons for release, the conditions of release, and the 

7 zip codes of the last known addresses. 

8 (9) Aliens granted an administrative stay of re9 moval, or otherwise permitted to remain in the 

10 United States through any similar process by U.S. 

11 Immigration and Customs Enforcement. 

12 (b) CONTENTS OF REPORT.—The report shall include 

13 a listing of each alien described in each paragraph of sub14 section (a), including when in the possession of the De15 partment of Homeland Security their names, fingerprint 

16 identification numbers, alien registration numbers, and 

17 reason why each was granted the type of prosecutorial dis18 cretion received. The report shall also include current 

19 criminal histories on each alien from the Federal Bureau 

20 of Investigation. 

21 SEC. 607. CERTAIN ACTIVITIES RESTRICTED. 

22 (a) IN GENERAL.— 

23 (1) PROHIBITION ON USE OF FUNDS.—No 

24 funds, resources, or fees made available to the Sec25 retary of Homeland Security, or to any other official 


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1 of a Federal agency, by this Act or any other Act 

2 for any fiscal year, including any deposits into the 

3 ‘‘Immigration Examinations Fee Account’’ estab4 lished under section 286(m) of the Immigration and 

5 Nationality Act (8 U.S.C. 1356(m)), may be used to 

6 implement, administer, enforce, or carry out (includ7 ing through the issuance of any regulations) any of 

8 the policy changes set forth in the following memo9 randa (or any substantially similar policy changes 

10 issued or taken on or after January 9, 2015, wheth11 er set forth in memorandum, Executive order, regu12 lation, directive, or by other action): 

13 (A) The memorandum from the Director of 

14 United States Immigration and Customs En15 forcement entitled ‘‘Civil Immigration Enforce16 ment: Priorities for the Apprehension, Deten17 tion, and Removal of Aliens’’ dated March 2, 

18 2011. 

19 (B) The memorandum from the Director 

20 of United States Immigration and Customs En21 forcement entitled ‘‘Exercising Prosecutorial 

22 Discretion Consistent with the Civil Immigra23 tion Enforcement Priorities of the Agency for 

24 the Apprehension, Detention, and Removal of 

25 Aliens’’ dated June 17, 2011. 


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1 (C) The memorandum from the Principal 

2 Legal Advisor of United States Immigration 

3 and Customs Enforcement entitled ‘‘Case-by4 Case Review of Incoming and Certain Pending 

5 Cases’’ dated November 17, 2011. 

6 (D) The memorandum from the Director 

7 of United States Immigration and Customs En8 forcement entitled ‘‘Civil Immigration Enforce9 ment: Guidance on the Use of Detainers in the 

10 Federal, State, Local, and Tribal Criminal Jus11 tice Systems’’ dated December 21, 2012. 

12 (E) The memorandum from the Secretary 

13 of Homeland Security entitled ‘‘Southern Bor14 der and Approaches Campaign’’ dated Novem15 ber 20, 2014. 

16 (F) The memorandum from the Secretary 

17 of Homeland Security entitled ‘‘Policies for the 

18 Apprehension, Detention and Removal of Un19 documented Immigrants’’ dated November 20, 

20 2014. 

21 (G) The memorandum from the Secretary 

22 of Homeland Security entitled ‘‘Secure Commu23 nities’’ dated November 20, 2014. 

24 (H) The memorandum from the Secretary 

25 of Homeland Security entitled ‘‘Exercising 


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1 Prosecutorial Discretion with Respect to Indi2 viduals Who Came to the United States as Chil3 dren and with Respect to Certain Individuals 

4 Who Are the Parents of U.S. Citizens or Per5 manent Residents’’ dated November 20, 2014. 

6 (I) The memorandum from the Secretary 

7 of Homeland Security entitled ‘‘Expansion of 

8 the Provisional Waiver Program’’ dated Novem9 ber 20, 2014. 

10 (J) The memorandum from the Secretary 

11 of Homeland Security entitled ‘‘Policies Sup12 porting U.S. High-Skilled Businesses and 

13 Workers’’ dated November 20, 2014. 

14 (K) The memorandum from the Secretary 

15 of Homeland Security entitled ‘‘Families of 

16 U.S. Armed Forces Members and Enlistees’’ 

17 dated November 20, 2014. 

18 (L) The memorandum from the Secretary 

19 of Homeland Security entitled ‘‘Directive to 

20 Provide Consistency Regarding Advance Pa21 role’’ dated November 20, 2014. 

22 (M) The memorandum from the Secretary 

23 of Homeland Security entitled ‘‘Policies to Pro24 mote and Increase Access to U.S. Citizenship’’ 

25 dated November 20, 2014. 


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1 (N) The memorandum from the President 

2 entitled ‘‘Modernizing and Streamlining the 

3 U.S. Immigrant Visa System for the 21st Cen4 tury’’ dated November 21, 2014. 

5 (O) The memorandum from the President 

6 entitled ‘‘Creating Welcoming Communities and 

7 Fully Integrating Immigrants and Refugees’’ 

8 dated November 21, 2014. 

9 (2) NO LEGAL EFFECT.—The memoranda re10 ferred to in subsection (a) (or any substantially simi11 lar policy changes issued or taken on or after Janu12 ary 9, 2015, whether set forth in memorandum, Ex13 ecutive order, regulation, directive, or by other ac14 tion) have no statutory or constitutional basis and 

15 therefore have no legal effect. 

16 (3) PROHIBITION ON FEDERAL BENEFITS.—No 

17 funds or fees made available to the Secretary of 

18 Homeland Security, or to any other official of a 

19 Federal agency, by this Act or any other Act for any 

20 fiscal year, including any deposits into the ‘‘Immi21 gration Examinations Fee Account’’ established 

22 under section 286(m) of the Immigration and Na23 tionality Act (8 U.S.C. 1356(m)), may be used to 

24 grant any Federal benefit to any alien pursuant to 

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1 randa referred to in subsection (a) (or any substan2 tially similar policy changes issued or taken on or 

3 after January 9, 2015, whether set forth in memo4 randum, Executive order, regulation, directive, or by 

5 other action). 

6 (b) DEFERRED ACTION FOR CHILDHOOD ARRIV7 ALS.—No funds, resources, or fees made available to the 

8 Secretary of Homeland Security, or to any other official 

9 of a Federal agency, by this Act or any other Act for any 

10 fiscal year, including any deposits into the ‘‘Immigration 

11 Examinations Fee Account’’ established under section 

12 286(m) of the Immigration and Nationality Act (8 U.S.C. 

13 1356(m)), may be used to consider or adjudicate any new, 

14 renewal, or previously denied application for any alien re15 questing consideration of deferred action pursuant to the 

16 guidance in the June 15, 2012, memorandum entitled 

17 ‘‘Exercising Prosecutorial Discretion with Respect to Indi18 viduals Who Came to the United States as Children’’ (or 

19 any substantially similar policy changes issued or taken 

20 on or after January 9, 2015, whether set forth in memo21 randum, Executive order, regulation, directive, or by other 

22 action). 

23 SEC. 608. GAO STUDY ON DEATHS IN CUSTODY. 

24 The Comptroller General of the United States shall 

25 submit to Congress within 6 months after the date of the 


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1 enactment of this Act, a report on the deaths in custody 

2 of detainees held by the Department of Homeland Secu3 rity. The report shall include the following information 

4 with respect to any such deaths and in connection there5 with: 

6 (1) Whether any such deaths could have been 

7 prevented by the delivery of medical treatment ad8 ministered while the detainee is in the custody of the 

9 Department of Homeland Security. 

10 (2) Whether Department practice and proce11 dures were properly followed and obeyed. 

12 (3) Whether such practice and procedures are 

13 sufficient to protect the health and safety of such 

14 detainees. 

15 (4) Whether reports of such deaths were made 

16 to the Deaths in Custody Reporting Program. 

17 SEC. 609. REMOVAL PROCEEDINGS. 

18 Subsection (b) of section 240 of the Immigration and 

19 Nationality Act (8 U.S.C. 1229a) is amended by adding 

20 at the end the following paragraph: 

21 ‘‘(8) ORDER OF CONSIDERATION OF PRO22 CEEDINGS.—Whenever possible, proceedings shall 

23 take place in the order in which aliens are placed in 

24 proceedings.’’. 


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1 SEC. 610. ELIMINATING BACKLOG IN THE IMMIGRATION 

2 COURT SYSTEM. 

3 Section 240A(e) of the Immigration and Nationality 

4 Act (8 U.S.C. 1229b(e)) is amended— 

5 (1) in paragraph (1), by striking ‘‘(2) and (3),’’ 

6 and inserting ‘‘(2), (3), and (4),’’; and 

7 (2) by adding at the end the following para8 graph: 

9 ‘‘(4) PROHIBITION ON DELAY.—The Attorney 

10 General may not, except for in cases in which the 

11 Attorney General has decided to grant an applica12 tion under this section and the fiscal year cap has 

13 been reached, in any way delay or suspend making 

14 a final decision for an application submitted under 

15 this section.’’. 

16 SEC. 611. PROPER FILING OF INCOME TAXES REQUIRED 

17 FOR GOOD MORAL CHARACTER. 

18 Section 101(f) of the Immigration and Nationality 

19 Act (8 U.S.C. 1101(f)) is amended by inserting after para20 graph (1) the following paragraph: 

21 ‘‘(2) one who has failed to properly file an in22 come tax return for each year that one was required 

23 to be filed;’’. 

Æ 


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